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Home My WebLink AboutMINUTES - 11182003 - V n - TO: BOARD OF SUPERVISORS Contra FROM: John Sweeten, County Administrator Costa }ATE: November 18, 2003 CountySUBJECT: 'TERMINATION OF CONTRACT RIGHTS OF ARNTZ BUILDERS FOR THE JUVENILE HALL ADDITION, MARTINEZ (WH228F) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION REgIOMMEN© TIA t NIS) I. DECLARE that Arntz Builders ("Arntf'), is in materiel breach and default of Its contract dated Larch 30, 2001 for the Juvenile Hall Addition project for each of the reasons set forth below, and TERMINATE and CANCEL Arntz°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 enter into one or more contracts therefor, without the need to re-solicit competitive bias. 3. AUTHORIZE the County Counsel to pursue appropriate legal remedies, including the filing and prosecution of lawsuits, against Arntz, Travelers Casualty and Surety Company of America, 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 additional amount from Arntz or its surety (Travelers Casualty and Surety Company of America), Although the chant funding from the ;tate Board of Corrections is in jeopardy, it is hoped that it ultimately will not be affected, � CONTINUED ON ATTACHMENT: Xx YES SIGNATURE, RECOMMENDATION OFCOUNTYADMIN#STRATOR RECOMMENION OF B ARD COMMITTEE APPROVE OTHER SIGNATURE(S): qX ACTION OF BOARD ON APPROVE AS RECOMMENDED OTHER SEE ADDIlO-IM FOR BOARD ACTION VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE ,� - AND CORRECT COPY OF AN ACTION TAKEN X UNANIMOUS(ASSENT. _I } AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES:_ SHOWN. ASSENT: ABSTAIN: fl ATTESTED CONTACT:George Roemer,CountyAdministrator's Ofice(335-1055) J N SWEETEN,C�ER OF H6 —R •F SUPERVISORS AND COUNTY ADMINISTRATOR cc: County Administrator County Probation Officer County Counsel ' County Auditor-Controller Arne Builders(via CAO) r f Travelers Casualty&Surety Cc,of America(via CAO) BYr� ' ;�"' '` �� y' .� � DEPUTY Archer Norris(via CAO) � , Bell,Rosenberg&Hughes(via CAO) ?:l7amr StsreiAmz 8osW 0Ner y1.5b0:.wq . CD q- 0 c) CD4y�1V� 0 CD1� d.1 �Y+ cr 1 b+ x n w, W `�rdp"y" civ �• f�D p o c� o 0 n • • ,� • r, . �-d � c9 � � � � o , � cc o � co o �. � . `� � � �� d �� o � � � � o ,� � � o o � '� �'d Q: � `� d U� �' � � � O �� '� ,.a N �D � � � . .P Qr�„ r�' CD N Ooo.kvt, * • 5uuss, i.yr.. V('A 1'�p C H F; 4$Y itI t' ORIS 2033 Norib Mein S+satt 5uita 8T30 ;Nwnul Creek PO Box 6039 Las Angeles %Aj&jnut Creek,GA 94sge-3726 SaCt OIld 626.980,6600 Corona 923,630.6620(Fox) iAcsmiLF, TRANSMISSION DATE: November 14,2003 NAME FAX No. P,tHONE NC), David Schmidt,Esq. 646.1078 fox-- Richard E.Morris P foNv 925.952.5421 RE: CCC Juvenile Hall--A,-n+..z € 'NUMBF-R OF PAGES, INCLUD NG COVER PAGE. 36 ORIGINA;. WILL NoT FOLLOW 1'1 SSAGF- Correspcndence of today's date,with Exhibits, attached. CAIS71ON-CONFIDENTIAL THE IWORMAMON CONTAINED 114 THIS FACSTMrLE I5 CONMENTUL AND MAY ALSO CONTAIN PRIVII.ORD ATTORNEY-CLI&IT INPOItMATION t?'R,WOn PRODUCT. THE INFOPtMATTOK IS IPYPENDRI)ONLY FOR THE 1j.5E OF'Tf4--:NO)VIDUAL bR ENTITY TO WHOM IT IS ADDRESSED. Ip,yOU ARE P OT THE INTENDED RECMEINT, OR 'tTjR EMPLOYEE OR AGENT RESPONSIBLE To DrIUVP-R IT TO THE INTEVTiEIi Rx.GIP3EIVT, YOU AREMRESY NOTIFIED T,4AT ANY LjSE, OISSE ngATION, DISTRIBLMON OR COPYIriO OF THIS COMMUMC A-4 EON IS STRicTLY .PROHIBITED. IF YOU HAVE R3Cf—'V30 TRS PAGSfMIL.E IN ERROR,PLEASE nAMMUTZLY NOTIFY U3 C4Y TELEPHONE,EPHONE,ANTS TME ORIGINAL M—r SSAi3E TO LIS AT THE ADDRZSS ABOVE 8Y THE U.S.POSTAL SFR`VZCB. TIZhN'K YOU iF YOU DO NOT RECE1W ALL OF THE WAGES,PLEASE CALL OUR OFVICE SERVICES MANAGER AT(92S)930-6600 AS SOON AS POSSTBLE. 3 tiVVARCHEMNNORRIs 2033 North Main StIs4t,SuhO 800 CwFo+N!A OrPME_' Po Box 8335 Walnut Creek Walnut Creek,CA 94396-372$ LOS Angeles 925.930,6600 fthtnond 925.930.6670 T Cur.one ,November 14, 2003 MCHAW L NOME trto€t i��BPetss?r'tCtti�.eom 925'.952,5421 M&F MAYSMITTAL AND U4& MALL Mr.David Schmidt Contra Costa County Counsel's Office 631 Pine Street Martinez, CA 94563 Pax: (925) 646-1078 Re- CCC"Juvenile.fall-AmLf Dear David. The Principles of Agreement(the"Agreement'D between Centra Costa County(the "County") and Arntz Builders, Inc. (r`Amtz')constitute a binding written agreement between the County and Arntz. A copy of the Agreement, executed by John.Sweeten and Allan and Tom A tz is attached(Exhibit A)for your records. Under the terms of the Agreement, a number of .matters have been resolved and both parties have a number of tasks to accomplish. In the event that the County elects to terminate the contract between Arntz and the County for the construction of the Juvenile Hall facility(the"Contrace),the County will violate the Agreement and will be liable for the damages to Arntz. More fundamentally,Amtz has made significant progress since the November 3 negotiations in lining up its subcontractors and-finalizing the schedule for the completion of the construction ofthe juvenile hall project(the'I mject")> The County will surely delay the completion o.fthe Project beyond the March,2004, scheduled ccanpletion by wrongfully terminating the Contract. Arntz has complied with the letter and the spirit of the Agreement. The County has breached both. To start, the Friaciples ofAgreement provide that it would be on-ralized in a "formal written agreement by Amtz.,.". In,your e-mail to me dated November 13,2003 at 5:1$ PM, you confirm that the County failed to respond to the Arntz draft provided under the terms of the Agreement,calling a County response"unnecessary'and referring to the Arntz draft a "unsolicited." Of course,the draft was provided in accordance with the letter ofthe Agreement and a County reply to the draft was and remains"necessary"if the County is to meet its obligation to perform in good faith. To this day,the County has not provided its rational for rejecting Arntz's proposed agreement which tracks almost exactly the Agreement heretofore reached between.the County and Arntz. Axntz submits that the County's failure to work with Arntz in goad faith to negotiate the final agreement cannot be an excuse for the County to slip out from under the terms of the Agreement_ Rather,it is evidence of bad faith on the part of the Altftf Norte A PMfP.MF=i F sew CcrpmWn r E I 10 00 3 November f 4, 2003 Page 2 County that is consistent with the actions of the County's agents in managing the Project both before and after the Agreement was entered into. Again, in your 5:18 PM e-mail,you suggest that Arntz was delinquent in responding to the County's Monday night draft of a final agreement. Arntz had no reason to believe that thie charges that it proposed to the County's draft would not be acceptable to the County insofar as the changes presented to the County track the language of the Agreement more closely than the County's. draft. The County appears to make an Alice in Wonderland argument where: 1. The County refuses to respond to the Arntz draft submitted in accordance with the Agreement; and 2. The County delivers its own dram at 8400 PM on Monday(a full week after the Agreement was executed and three days after Arntz sent its draft to the County); and 3. The County goes on vacation for Tuesday-, and 4. The County receives revisions before noon on the next working day; and 5, The revisions conform the County's draft to the Agreement already approved and executed by the parties; and 6. The County concludes that Arntz and not the County is failing to act in good faith under the Agreement. Arntz is particularly concerned that the County seems to contend that the Agreement requires commitments on the part of Arntz that arc not in the Agreement, at all. Arntz stands by the language of the Agreement that was actually drafted by the County outside of Arntz`s presence and delivered as a condition of reaching agreement. In.particular,Paragraph 10 of the Agreement is language crafted by the County and accepted as written by Arntz. The Agreement represents a significant exchange of rights and obligations where Arntz waives delay damages and other claims and pays$100,000 and the County waives liquidated damages. The deal has been struck and it is troth unfair and illegal for the County to attempt to escape from its own agreement by failing to execute the draft of the Agreement provided by Amu. I have attached to this letter a copy of the draft of the Agreement that Arntz provided to the County(Exhibit}3) and upon which the County has yet to offer comments. I have also attached copies of letters received by Arntz(Exhibit C) from its subcontractors confirming that Arntz is making progress towards securing its subcontractors' acceptance of the new schedule for completion of the Project, for your convenience, I have attached a copy of the schedule (Exhibit D), as well. 2004 November 14,2403 Page 3 in your e--mail to me of November 13 at 6:48 PM, the County articulates"three main requirements"in the Agreement. Arntz understands those"requirements"to be: 1. The execution of a follow up agreement 2. Securing sub-contractor approval of the revised schedule 3. Ironclad assurance regarding funding issues Arntz is not in default under the Agreement with respect to any of the three"requirements." As to the Au-ther draft of the Agreement,we have addressed it above. The Agreement provides that Arntz is to finalize the Agreement and Arntz offered its draft last Friday. The County has failed to respond. The Agreement does not require Arntz to secure sub-contractor approval of the March 23 OYVI schedule by any particular date. Rather,in the course of performing under the Agreement,Arntz is obligated to secure the agreement of its sub-contractors. In fact,Aratz has secured the buy in of its major sub-contractors already and expects to have final buy ins over the next few days. The County's demand for"Ironclad"assurances and its contention that the language offered by Arntz does not meet its requirements is surprising and legally irrelevant. The County wrote the language at paragraph 10 of the Agreement and Arntz agreed to it The unspoken(and unknown to Amtz)belief on the part of the County that some other obligation on the part of Aratz would be required by the County is not a lawful or even reasonable basis for the County to repudiate its contractual obligation to Arntz. The Agreement provides that the County is obligated to pay Arntz its withhold funds. I have enclosed copies of the documentation confirming that stop notices have been withdrawn and demand is made for immediate payment of the sums due Arntz under the Agreement (Exhibit E). An accounting of the balance due Arntz is attached for your review(Exhibit F), Please note that the County has not paid Arntz for the work for four months. The County's failure to pay Arntz is a breach of the Agreement and the Contract. Arntz beg-an this letter and will close this letter by addressing the single most important issue. That is the completion of the Project.. It is clear to Arntz that if the County terminates the Contract in violation of the Agreement, the County will assure that the Project will not be completed on time. If the County does not terminate Arntz and,instead, instructs its employees and agents to cooperate with Arntz,the Project will be completed. I close by offering the example of the attempts by Arntz to make necessary corrections to the fire spria Uer system in the detention wing. Arritz's consultant identified problems with the system that will require some re-design and approvals by the State Fire Marshal, Arntz and its consultant started the process of securing Fire Marshal approval of the changes in order to remain within the schedule. 'rhe County interfered with Arntzs reasonable efforts to resolve the design issue and may have succeeded in delaying the process so that state approvals will not be timely. Arntz is 1111rustrated _ __ ,wwv tl3StrCFyjV�y ' 16005 November 14, 2003 Page 4 by the County's drum beat rhetoric regarding staying can schedule and its inconsistent foot dragging and gamesmanship that has interfered with timely performance by Arntz. Arntz recognizes that the County has the power to terminate the Contract and to ignore its obligations under the Agreement. If the County makes that election, Arntz believes that the surety will likely look to Arntz to complete the job, in any event. Arntz is confident that it will prevail over the County in the litigation that is sine to follow if the County actually follows through with its threat to terminate the Contract. Amtz is disappointed Haat the County,in its effort to get out from under an agreement that it crafted itself, is willing to sacrifice the timely completion of the.Project and to expose itself to what will amount to massive damage claims. Amtz requests that this letter and the attachments be included in the records submitted to the Board of Supervisors before they make the final determination:regarding termination of the Contract. Amtz also requests copies of all of the documents in County files perMining,to the "federal;funds controlled by BOC"for use in constructing the Project. Arntz wishes to undertake its own,analysis of the County's assertion that its funding is at risk due to delays in the Project. Thank you for your attention to this matter. Very truly yours, ARC NORRIS E.Norris REN:sd cc: Board of Supervisors Sohn Sweeter George Roemer Alan Arntz Tam Arntz Mark Tortorich ��NQi t�268�3—� s i I Zoos )nfidentiall Settliment Documen PRINCIPLES OF AGREEMENT The signatories below accept the following principles as a means of resolving the dispute between the County and Arntz Builders (Arntz) regarding the Juvenile Hall projecL Said principles of agreement shall be finalized in a formial written agreement by Arntz not later than 12:00 p.m. November 12, 2003. 1. URS prepares project schedule with March 30, 2004 substantial completion date. ("Substantial completion" defined in existing contract.) 2. Arntz agrees to URS schedule. 3. Arntz secures subcontractors' agreement to URS schedule. 4. Arntz uses best efforts to secure written waiver from each subcontractor for project delay costs. 5. Arntz waives past claims, including mark-up on subcontractor claims, for owner-caused delays. 6- Arntz waives any and all claims, including mark-up on subcontractor claims, from current date through project completion (March 301)- 7, Arntz to defend and indemnify County for any and all claims by subcontractor PFP, Inc. 8. Upon release of stop notices, or posting of legally sufficient release bonds, County will release withheld funds to Amtz(except funds withheld for defecfive work). 9. County determines value for project defects and withholds funds. 10. County, after using best efforts to avoid loss of federal funds controlled by 800, retains right to seek remedy from Arntz and its surety for any loss of such funds. 11. County waives.liquidated damages through scheduled project completion (March 30)for delays caused by Arntz Itself. County does not waive liquidated damages for,delays caused by subcontractors using Amtz as ccinduit. 12. Amtz pays $100,000 to County through cleductiVe change order, Accepted on b alf of Arntz Bu s on November 3, 2003, by: d on behalf of County on ver Accepted No ' pbar 3, 2003, by: C2,D*.-==U and SeV1npUSW1EWy N4uma=1JU-4o'RAMZroJaaLdoc A 1AA prhAcd I I an003 9:11 PU EXHIBIT . 007 Agreement to Settle Disputes and Amend Contract Contra Costa County{the"County"} contends that Axntz Builders CArntz")is in default =der the Contra Costa County Juvenile Hall Addition,Martinez, CA Construction Contract(the "Contract'} and that the County has the right to terminate Arntz under the Contract. Arntz disagrees with the County and asserts that it is not in default under the Contract and that the County is in default under the Contract The parties have agreed to resolve their differences without admitting any wrongdoing on the part of either party and to enter into this Agreement to Settle Disputes and Amend Contract C-Agreement's and to execute a Change Order under the Contract(the"Settlement Change Order"). The County's Construction Manager,URS,Inc. (TMS ),bas developed a schedule for the work to be performed under the Contract(the"Work!%with Mareb 30, 2004 being the substantial completion date. ("Substantial completion"defined in the contract) The URS Schedule(the"Schedule")is attached hereto as Exhibit A. The parties agree as follows: Arntz agrees to perform the Work in accordance with the Schedule. 2. Amtz' subcontractors shall perform that portion of the Work to be performed by each such Subcontractor as provided in and in accordance with the Schedule. 3. Amtz shall exercise its best efforts to secure a waiver from each subcontractor of all claims against the County for owner-caused delays of the Work. 4. Arntz, for its own account,waives any past claims it has,including mark-up on subcontractor claims, against the County for owner-caused delays 5. Arntz,for its own account,waives any claims it may have, including mark-up an subcontractor claims, against the County by reason of the extension of the substantial completion date of the Contract to March 30,2004. 6. Arntz will defend and indemnify the County from and against any and all liability to any and all claims that may be asserted against the County by PEP,Inc. arising out of the subject project. 7. 'Upon release of stop notices or the posting of one or more legally sufficient release bonds,the,County will release funds due Arntz under the Contract. Funds due Arntz under the Contract do not include funds properly withheld by the County for defective work. S. The County shall reasonably determine,in accordance with the terms of the Contract, the dollar arnount,if any,to be withheld from Aratz for project defects, if any. EXHIBIT�� . �, rc�t uxttt3 008 9. The County, after using its best efforts to avoid loss of federal funds controlled by the Board of Corrections of the state of California,retains any right it may have to seek remedy from Amtz and its surety for any loss of such funds. 10. The County waives liquidated damages against Arntz itself through the scheduled substantial completion gate of the Work under the Schedule. However,the County retains the right to recover liquidated damages for+delays caused by subcontractors,but only to the extent that through A.rnta the County is able to collect said damages from the subcontractor(s). 11. Amtz shall pay the County$100,000 through the Settlement Change Order. County will not make any claim against A ntz for its costs, expenses and/or attorney fees incurred,if any, in responding to any claims and/or litigation by subcontractors. 12. The Contract, except to the extent modified hereby,shall and does remain in full force and effect. Where there is a conflict between the provisions of this Agreement and the Contract,this.Agreement shall prevail. This Agreement shall be construed as an amendment to the Contract. ADD APPROPRIATE SIGNATURE LANGUAGE AND LINES. 4 f 1 1 OV714--2003 a` 11;47 AM ARNTZ BUILDER' FAX NO, 4158833768 P. 12 Pro*-RL€X TUCTRI a s s-ir�6F "E-aid P,Q tI€!C MTS h C• Cc�rascrucrora to a rs to Saar,Na.241 19 Pam Way HeWc Prca=Wa.20103 91mCL, Projv=C=pltzm Schedule Beat) x,A please be jdvjud,lba Holm Slecmc Bu z+cro ms Axa3>z RX14=?r0jC4 COMPIacWC$4*dUle 4M.-d November 10,' 3. 1%is aalix`s jr j=w;wet*e Mawh 31,2W=&Cim data for The COMMCats 3uvdge Hall Ir#t smvv�crmxv ositicsl I as mnummd prevAou i*lfel 's Cram i4am=81*Z33.12K=at be complmd Immed1mly by Amzz and olb&tmd. If duse ismog we mortresolvtd 7arX &UelY,it 3S nclia°a opissim*m Tba prr4 `'t wdA`L be c=pletctd by MwoA, 31, Pluse ba advW4 6a*9 cam assooW4 twatb tis debrys azul w=1v=ou for tha,v=pktm of lba prcdact w M ire sub=tted J:ms paw. ZuPP VICa' z P.0, JE�ox 55298- San Diego,CA 9219&5298 ($S$} 535-0505 =FAX(M)'535-0757 8260 Cho Smm Fe* S=bid, CA.92121-5287 i t r i EXHIBIT Q. 3.11114/2003 FRI 11:39 ETX/AX NO 98591 isbI2 NOV-14-2003 k 111.47 Aft AR I a Z $U I LDERS FAX NO, 4158833758 P. 13 LvovP11-03 04a34P P'.01 Lt sten M00h=iCt al Cs ntrtxct ►is A Calgomia Corporation =�..,�'f eagoso�v"«� lets�saj•�soo <� CiSlCr rw�CA9..5M-1302 t9�tS�3z3#-SC73F$Y + , P.O.Sw 1634 ua�o 0 178355 smer�tt�++ss�.�0.95�51-�'�z+� v�v.f�wecs�nd�nian S 19.7 Novamberr 11, 2003 Arn#z Builders, Inc. Serial No, 01-608-179 Attn: Thomas E, Arntz 202 Glacier Drive, Gaffe 1 Fax No. (925)957-0304 Martinez, CA 94533 Rai: Contra Com COUnty Jtt+tenlle Nat! 11101-1011LMC Job No. 01.605 Subject: November 11, $003 Site Meeting LadissiGenglemerq Today while at the site meeting we were requested to review the proposed revised completion schedule and aNtse you Whether it is acceptable to Us.Given the short time we were given to review t4z proposal.we are unable to tell you that we 29MIG with it. Based can our Fimited review we can Offer you the following cbsearvat cina. First, if appears that the durations and sequence of our remaining work activities (except stamp and test and balance) are unchanged and thus present no concerns.Second. we are currently unaware of the extent to which your proposed revised schedule pmmoleslcauses Leade sta€Wng and/car ine*fictency and also do not know precisely the amount of actual work remaining by the other trades.'thus,while the durations and sequence noted above appear reasonable (save and except startup,test and balance,roof hydrotltC piping insulation and chemical treatment)we are unable to signs calf without knowing more information regarding the other trades. Third, we have no control over any design issues which may arise and/car fal)urss of others to perform and thus Monnet give you a sign( off without these caveat. Finally, at this time we observe that you have reduced the durations for startup and test and balance of our equipment. Given that the effort to start up afi equipment and taut and balance the project is dependent upors everyone alse performing their work timely and properiy. and the facility being available.without impact. for our use to perform our tasks, your election n to reduce and comprdss these activities is extremely problematic and we are Vnwilling to give you the concurrence you seek We suggest that each of the items identified above be addressed as part of our meeting next Tuesday, November 18, 2003 at 9:00 a.m. and that you be prepared to ad ress our concerns at that time, Sincerely, LAWSON MECHANICAL CONTRACTORS i £fav awsott Operations Manager CM. Cur-tamer Scrsbduls LA.Fife DW RHS , 1 �ts.L S 5�tf f.C�DG Cr..�deavoru�x�ncurtimr�r4+5wro•t rtt.w�e 11/14/2003 FRI 11:39 ITT/RX NO 9859) 1�oI3 �•«— _�1°"�"—' . �-- r� .+sivYLd6-SVViiiii yi ....... NOV-14-2003 FRI 11=47 Ali A.RHTZ BUILDERS FAX NO, 41588337558W-1ui2 P, 14 22/07/2M 33:39 925d84$544 NAT10KAL M-EVATOR PAGE 81 YEW am National Elevator Company, Inc. 2134 PHSEU DAME a PLEASANTON,CA 94586 •(925)494-SOSO i (INAX)4Sa-:544 Tot LAOMaErowa NO.: C41 -3 - 5-7Si� r IM. t'C C d L�cz 1-1!.-u! 4cav= 484-250 E PAIS: 7 A ZZ ad dow 7 .11/14/2003 FRI 11:39 ETX/RX NO 98591 1014 NOV-14-2003 FR 1 11',48 All FIT'Z BUILDERS FAX NO, 4158833756 r b 15 Paye Box .V vat ggpfe wa.CA Prm ToI(016)331.M Fm(916)373-37D y 7 A==lallad= i j From OCR Cnsoutic n&t ndscaont Dowli 11113/WO3 Re. C=Stmodon$thcwc PROW. 1 CC: C tri XFOrpaviaw l3NO"Cz3(wro. Q.F%wa" SCR is in aweement%ith the constzucdon scbzdate by Amtz StAldets ve n.cs pr zbiam complying vith the schedule under ordhwy staace. ' 'hank you for yow coopwafion,iftb=arc=V[problems please call me at our of es at(916)373-3787. Tim you, Michael D=4 ..'�Yro�.'��r.�.v.+.v.`�- � ��,.,warav✓.`.ra et�r —� .i $�y� '7i�•i� 61. .. aKiC7 'r . $�,taa 11 a a a . . . . • • • e v r a r e •P� a)d Oj�F fUnS�KFG It+'i�'C�'�',.`�a.'� �S�t•�-,N('�'i iL4' 6 �, €��C tl s • r.. '''++YCC'��..e'r.�,'3'a�i':'"�r��f� AY:aTarf.�ri. �.5. �e.'sew. ', `-."�+titnyiir'n`v', f 11/14/2003 FRI 11;39 [TX/R1 NO 98591 IM015 NOV-144-2003 F 111=48 AIS ARNTZ BU I LDE S FAX NO, 4168833786 P. 16 2141 Pllttt Strom " INC` San Frnc5l�.CA 941017 Carrs 3�E� Fax:4151542•-TA" A&A C21=nPN It Spftwft CCK" 'TOR LICENSE it 7308 11 Dat, .: 11avO3 Tw Arntx Sunders Phone: 415-382.1189 Fax: 40.883-Y756 Fro= signs.Ararlcs,Inc. Cynthia Razuvy Phone: 4i.'roS12-7446 Fax. 415,n2.7447 Pa�erz Subject.: Contra Casla CoontY.JoLven&Ha A�Mtlon Martina,Chi. erect Completion Sdiedule 5lgo'kMartc,Lac.is commided to mftt the wxopletion scbedule for the subject Project requirements. f A i i 11/14/2003 FRI 11:39 E°TJ/Rg No 88591 tale tS t NOV-14-2003 FR I 11!48 AM ,IR. NTZ BUILDERS �.�FAX NO, 4158833788 p,�17� BUILDERS Lie. 727£72 19 Paauarota `may,Novato, CA'94949 www.amtzbuilders.cora "eIe hoaj45 382-116$' Ea_x L4151 80-3756 CC3NTRA.COSTA C[3TJNW JUVE L.E HALL CCI 'LI�TN SC�iEbUL:� I have reviewed the Completion Sc cdule as presented during the Sits 1l wring of November 11,2003 aad con=with its contents. SJUCONTRAC"T 0 NA31 REPMSENTATT", S1 AZURE tl ID t `` Wim' r d i x 11/14/2003 rRI 11.39 ETX/Rg O 98591 -ZO17 -- NOV-1.4-2003 FRi 11:48 A..M ARNTZ MILLERS FAX NO. 4158833756 Por 18 q 2-5 -6 77; T6(vj Zl�^N6—j em r lakm Aiss- Its I J5�cC. X 8 e /irl sodtl.,7 OL-ox C's,*rrAza,Z�k- 6` 07 -77.3-3444 f 1 3 { 11/14/'2003 FR1 11:39 I` X/'RX NU 9859.j 9013 F NOV-14-2003 FRI 11 :49 AM ARMTZ 91SILDFRS FAX NO, 41591333758 P. 19 T BUILDER c. 7271372MMM 19 Pamaron way, Novato, CA 9494+9 axrst builders coma `I`eletahozse (4151 582,i 188: Fax (415)892-M-6- NLMMO FAXED '�"- November 6,2003 BAY CT1ES FABRICATORS FAX: 541826-9885 Rodger Glenn BAY CITIES PAVING& GRADING FAX 925 687-2122 Mike Llamatr CRMCO ACOUSTICS,INC. Fes: .915 686-1474 David Reese COLOR.COATINGS FAX. 707773-3443 Danfel Chapman IMAX=CTRJC FAX.- 858535-0757 Shane Donor INTEGRA COMI LNTCATIONS FA.,: 916543-1501 Sears Saveson LAWSON N TCHATRCAL FAX. 916381-5073 .Tessa Ro&a uez MAJESTIC FLOORS,INC. FAX. 925825-0771 Lee J'riedman NAMONIAL ELEVATOR CO. .FAX: 925 454--2544 .Rudy.gip NOP1vMNT SECUR=GILC)LT FAX.- 925455-1171 ,ferry Brant PIS OR FENCE CO. FAX -016726-1198 Jay D'Haire SCR.CONST. & LANDSCAPE FAX. 916373-3789 Michael SIGNS ANMRICA FAX. 540446 - CarIA raey 41-5'.51g' x44.7 SIX RrVERS EI °'RPR.ISES FAX 510 367-4841 1-far i SUREBI.TILT,INC. I FAX 209 93.1-.2116 Crafg Hunter WAY SWISHM CEMENT FAX 925 757-3731 .Tim.Muxinf WEBB TILE CONeAINY FAX 650 342-4261 Arnold Webb WEST COAST rMUSTRIAL FLOOk FAX 916 858-0183 Cameron Baxter RE.- CONTRA COSTA.COU!MY JU''VE-M +` HALL ADDITION MAR`I`MEZ,CALIFORNIA PROJECT CC►MPUTION SCHEDULE Y0'Qr afferld=ca Is required for a mandatory ranching at the project jobsite, on Tuesday, N'ovem'ber 14 2003,at 1:30 p.nL The purpQsc of this mccting is to r ew and con's (in wrifing)your con=aitment to the project completion require eats. 'fin&you for;your coopemtione sincerely, A.P.NTi BU LDF-RzS r Thomas E,AMtz j 11/14/2003 FRI 11:39 Etl/RZ N0 98991 Q 019 NOV-14-2003 FRI I1:49 AM PRNTZ BUILDERS FAY NO, 4158833758 zoma ]BUILDERS Lic. 727072 19 pa=atron Way, Novato, CA 94949 .amtzbuildm� cornT 4 382- 1 a 415 $133-3fiSb MO F3� November 10,24133 73A"Y'CITTES FABRICATORS Rodger 031en Fax 541826-9985 DAY CITIES PAVING/GRADTNO Milo Llamas Fax 925 587-2122 CEN 4CO ACOUSTICS,INC. David Reese Fax 916 696-1474 COLOR COATINGS, INC- Timm Sodorlund Pax 707 773-.3443` 9ELIX ELECTRIC Shane Dower Fax 858 535-0757 D4'MGRA CONCv I1NIC.A.nONS Seen Saveson Fax 916 543-1501 LA,WSON MECHANICAL Jesse Rodriquez Pax 916 382-.50173 MAJESTIC FLOORS, INC. Lee Friedman Fax 425 NATIONAL UEVATOR CO. Rudy Ktapp Fax 925 484-2544 NOR, ENT SECL rY GROUP Perry ErArA Fax 925 455-1171 PISOR FENCE Co. Jay O-Haire Fax 916 726--1198 SCR.CONST. &1ANDSCAPE Charlie Fax 916.373-3789 SIGNS ANWMCA Carl Ramsey Fax 415 512-7447 SLS RI"V'I=ISS ENTERPRISES Mares Fax!iib 367-4841 SURE8DILT,INC. Craig Hunter Fax 209 931-2116 WAY. SWISHER.CEMENT Jim.MU2ini. Fax 925 7573731 %T-BE TILE CONeANY Arnold Webb Fax 650 342A261 WEST COAST 1NI3t3 S1?.I L FLOOR Comaron Baxter Fax 916 558-0183 RE: CONTRA COSTA COUNTY 3UVENILE HALL ADIJ►MON HARTINIM CAIuRNIA PROJECT COr"LE`ION SCHEDULE Attached please fmd Schedule.11A,2 depiedng schedule activities for job completion at the subject projem Be advised this schedule may not depict all ofyvi r subcoauad tam but iusread i s a time estimate for which you must re=plete all of your work Please review it prior to our meeting tamonvw at 1.303 p.m.at the jobsit e, Sluccr , hoi T} oma s E. Arntz Attack. 11/1412003 FRI 11x39 tTX/Rl No 95591, Q020 NOVI .14-2003 FRI i i:49 Aid ARNTZ BUILDERS - __-- FAX NO, 4158833756 Torn Arrltz From. deborah seat'. Thursday,November 13, 2003 SAS PM Too Tom Arntz suNsce, PW:Juv mall Schedule U3(URS version 3) .—Original Message Fromw Bran Prcreau Se&h Saturday, November 08,2003 12!42 PM To:Son–DiFrancescD@URSCor#i,com Cc; deborah',Tom Arntz,aslant tlmvondrak@urscwp.com; rnark_gaui*urscorp.com Subjeeh RE, 3arr hall Schedule U3(URS version 3) John,Marls,and Tim, Attached schedule JUV2.1 copied your revised schedule JUV1 that,was sent fdday PM_ Schedule JUV2,I added more acWties, some change order work,and cleaned up open ar ds on successors.The cumpladon date shown for this schedule Is March 23,3004. Some of the time that was made up from lapping some of the security work in the pods(SS with trigs), and added OT calendar for some longer duration crMeal activities. Critical runs through the Interior s+ecurrty as we reviewed on Thursday, (testing,training and phase.bras). call me after you review. Thanics, Brian Proteau 92a-59�-5�5'I --Original Message-- From; JorL_DjFrancesoo0UMorp.cDrn Crnailm.JCM-DiTrances URscorp.rom] Sent. Friday, November 07, 2003 2:59 PM Trot brfan0a mt.zbullders,cDm Subdeeb]uv Has Schedule U3(URS version 3) Brien, I backed rap the schedule without compression, then zipped it with Winzlp. Hope this works for you, lora OiFrancesco 1111312003 11/1412003 FRI 11:39 [TX/RX NO 98591 Ztr23 ' 1 V I j s► .► ..� ..i. dr t. d .... rTo .r s...a r.+. ..,e ,.a ..w v. ®c.� ..► s E;.a :+: :.. w `«. '.a s r _.a. ..a .x s .Nir c •.• r-+ �+ ca ea a � r� � . �,. Of C9 C3 0 CS � Cg i� CC Ct txt'Ei7 caz � � ! $r# � %> ,4 D "i � > 1s '#« A � �. � > q r i �• 9c) Lp v 401 � � '' ill� � P � � � •� L � arrT' �I Ai 41 h1 PJt 41 C7{ - i3 O �y .+ 9wi CN - +.� + .+ •tWs rii !•R � .w tr� . ... 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Cal lip . i g zr go 17 M fIL -- ... saes.ems _� � _ � � - .. rrrra s•vowta r �V Ja[ `�"'•`�•� NO '--;'.'4-2003 FR 11.1',46 AM PMTZ BUILDERS MNO, 43 58833756 P. �7 r M36 FRO§4ay city Pay!wr Grad?nl 1-$28-6$�-Zt12 T-B23 �,ilt�1 3 f-Z9i r,r FAxnlnay cites wing and Grading, Inc. �. 5029 Fant Dtiv e C mcord,CA 945.20 pfTics; 92 57-6656 Fax 926-667-2122 FAX COVER , SHEET. Date. ,,..._..� 1 rya 3 Naber of pages Ynclu g carver sheet ' t 13 Ban R. 12 TO: C Suva C. 0 cbwlaft CL COiV I3ANY> xsc 3 J�F: ,r►rf�� rr �"l I.�� a A. 0_ A. 230B CC 0; - 1.0� . . RIMA tK,9; CIL' r fur youruue C3 p3.case reply 0 Chigir� 1 fbl lav Re n= i EXHIBIT t • ' s i f 11/14/2003 FRI 11:39 t'TX/RX NO 98593 2007 NOS'--1*4-2003 FRI 11146 AM ARNTZ B'JILJEPS FAX NO, 4158833756 P. 08 A 17=36 €holk-lay MY Paving & grading 1-225417-1€ZZ T-123 F-00211)02 F-291 (Pt2blitr or: vate) TO: CflwiRA cosi+s. couNTY ATM1TOWCONMOLLMt, 625 COURT STREET, MARTZTEZ,CA 945553.A`I'�'"�'�i` ONO' CALL.RAMO YC)�ARE IMMY NO that the undmigned cl Bay Cities Paves& Crash Imo. hweby teles and dis6arges that dirt.stop Notice dated girrh S,2003,its the a=urd of$449,464,12, apinst Comma Corm Cagy as owner or piblic body and A=Bum as pry corcr=rsr in co=ectr.ou imth the work of=proveme tk known as Cc a Cosm County Iuvcnile Hzl A,ddidan lotted.at 202 Lader Diive, in The+City of MartW=t C=Tt r of CD=m Coo—La. ,Stare of Califtmia, z e3 k Ben I., w+zEgn ATTDX T. the=derdgaed, scate; I am the 1'redd=af$ay Cidft Paving&Mv& Inc, as The claimatit in the fxiMoinnnz massa of Stop Notice. I a=muhadzed to makc This vaMoadon on bthalfof Rky Comes Paves,&Gra ` J=. I htcve read the jb=ZcamS Rose,0f Stop i.qm-d= toad know the coag d� and I cetify that.the s is tram of my own l W I cert (or der3arc)=drr penally of'pe*zy under the lama of the Mate of ca urtia,that the forc o%g is true and comm Ernes ed this'12th day of November 12,2001,at ccs I gala I f 11/14/2003 FRI 11:39 I'I'I/RX No assai.. fgm SOV-14-2003 FRI 11=45 AM ARMTZ BUILDERS FAX NO, 4158833758 P,~09 w qu Helix Electric, Inc. Coamewts Enzmftn "t (,%5s)5.315-0505 e=236 FAX: (M)X757 DAM I V 12/03 lbomw F- AM*=sew VAX 9; is 1511M3`37% } SUBJECT: Coram Coat Cam duvonVt Han AddWoa Rdesw af Stop Nit TCr'AL-twt3PS iN(ZUDING COVER- 3 TOM- Lkwa W a ccs of Thr Ret aye of Sop Npu=that has in= tier fozm `axed to rix thtt t:M=i^ 1 he 4*i w Mau be nu4c4 to Coura Cam Cau�zy. .-- .r.rs�r r»..+...r.—r. i s 8268 CmIke Soul*F'm steno A 5a8 ttwo C&92131 #' s IP If 1 s 11/14/2003 FRI 11:39 CT./RS No 9559) IOa9 NO V-i4� 83 CI 1i= AR iZ B ILD5R8 FAX NO. 4158533756 P. to7. cv►t3•ZQ 3 WOW Frca-KELIX luc a aa P1002I003 F-i3O (Pam or?MaW) TO'* Cats=Cc+s°txi Cc W� (Ow=r) tAmwxsm40n D4diu& 631 P£tsc SsZ,6-4 rzst Moot Mwmr,z,Commis 94553 you AFT M=OY NOW=Butt&-=4i=pvd cls 1161 IX ELBCMC,INC, ha-eby relaM imd dischm2ft that c.Min SVP NO=62M A=ba 6,2003's*e=46uu of $7277,133,W ism Cuntm Cost Cosnny as over ospublsc bo4j Ud AMM Rudd 95 ent c ,�u=a0cdca with aw work of=Prov=wr kwwz as Coptm cogm juvwdl&,u,AoditSou to ted at 202 CUdar Drma m tFse CTtY af VJcrdcz,Ca ry Of Cwn Cosa ,Smu Of Carta. D=d:squml= l Y} Y Y7 YERITIC to=d Px4 swc, I axa ibe 0t&MUMS&of HE=Eucmc�INC,UMW$a like clatw=jm jb6- sog IW=w of sop,Nance,. I am wowAwa To=kc gus venficadca on babaYof HA=MCI=TNC. I have r+id 1he ftepms Mto of p Nod=W kaasw 1he c04ta scuff,sa4I ce rdfy&a the am=is UU.-of=Y ow-t)=wd, I cemfy(or 4*v1we)under•paw+'of paj;wy ander Tbo lays of ft S=of Caber Thu t m fOMPiTM is Wu&9=4 t-=*= Ex ct tbil jr day ofbt"=brZ�r at Satz Dmga,Ca'�r a R E r 11114120003 FRI 11:39. I1IlEtlL No 985SI tole MCS'-14-2003 PRI 11 :47 AM AI 'TZ BUILDERS FAX N0, 4158833756 �. �av-13-1003 A-00 Ftom-4LIX ELECTRIC SH-135-075T T-M P.003/001 )-M CALyFop,NJA ALL-PURPOSE ACKNOWLEDGEMENT Mm State of Cab • r°a Couaty of Dieza - r, Nny bea' 2._j4t .. fare me, icli r, .�. Mry b i persona appeue : t Crayte per5t'�nally known to nom'm bt The p S=whost n2MC iS St1xbscn�sei� 4 to the wig in�znt and acknowledged to me that he executed the sanv fu bb 4: 9', t' , to { authorized capachy, ad that by his signature On the inst:renc the Pemy , car the e�iiry upon behalf ofwbic 7a the peen acted, executed then instrument r WITNRSS mit band and official seal, .?fit M "Sill D*p —OPITONAIL °�° � p btlar'is�+at sYq++aoa by tm.r,.at ate'��ra{ts�tt ra pc�xfi'lri �'�`s�i c•�:s#r#l� r�atc r�mov t a�si T &astat atnuc Gln 3t►c r ?q .i Ca �i a� p o { Tide tar Tyre ofDocommu Relcase of Stop Nouce C=tM Casty juv=dc Hal)Additum curneatetas. Wove=ber 12,2003 Number ofPases:►I. n s t t r r • i 11/14/2003 FRI 11:39 I:'T`I/RX NO 99591 laQll NOV--.I4-2003 FRI 11:44 AM a4TZ BUILDERS ..�.FA 0, 4168833758 P 02 PjkNTZ Lac. 727fl7 BUILDERS 19 Pamaron Way, Novato, CA 94949 CONTRA COSTA COUNTY JUVENILE HALL Martinez, CA RECAP OF [' OSPEAS PAYMENTS CURRENTLY E: JULY 2003 822,967.72 AUGUST 2003 527,145.32 SEP` EMSER 2003 $1,234,988.92 OCTOBER 2003 $1.337,7`77,80 TOTAL $3,922.879.76 E i j EXHiSI i 11/14/2003 FRI 11:39 (TX/Rl NO 98591 �t302 i NOV-14-2003 FRI 11,44 M PMTZ BUILOE1S FAX NO, 4168833758 -i-C-A-T-I 0----A --D -C E R-T-I-F-I-t-A-T`E__F-O R.-P---__--�--_T------------------------ __.. .......----------------------- fiactrs Costa Ccontl PROJECT. jovaaile Pall Addition APPLICATION AOt 27 DISTR:BUTIDDD TO; SSt Pin& S"r&tt —DUND 14Th Flog• PERIOD TO: 14/1"ful ___A HAITCCT larti-mi CA 94:€1 �,CORTPACTO MIT}: MIT! VIA (ARCHITECT): O'Brirr< Irvittbesg ARCHITECT'S 19 PAIIARDO NY PROJECT H. M-10128F DtDitATO, CA 909A4 CT FORt CDpTRACT WE: O3i9e141 __—--------------------------------°-----------..---------------_....---. Application is cads for Pcycent, at thaun below, it connettion TAACTGI'S AP P r ICATI0X f OR p A Y n 9T viththe tontratt. rontir.uation Shttt Ls attuned. ----_-----..------------- . I E ORDER SURRARY 1 1. D1I6IHAL CONT14CT SIDE fs...................... ----------- - --- --- .. � 2€793576.ri4 -,-.___---__----_=-__- 2. Rtt Change by Chaagt Orderc ........- ...... 1;61171.06 ecrie'sapprovedin � ADDITICOS OEDUCTIOHS 3. CONTRACT SOA TO DATE ................ ......... 27IS41E6.66 .ous months by tiner i d. TOM COMETED I STORED TO DATE 2459Et9E.33 TOTAL E IOW 71.$5 (column 6 ) .4_-_.-Feb---------------------------066---------------------- 5. R€TAIMI; )Via this Aonth a. .10 % of Cupletsd Left .91 (Colum D+f I et pats Approved i ; b. .44 t of Srared tateritl S t4 � �• ( {Colum `) ¢ Total Retainage Gine tsiSb) or ---—---------.__------__...------------------------>.........e {Total in Calunn 11 ...................... � 04 'O TALS l I ; 5. TOTAL EARNED LESS RFT'AMSE .................. 245817°.8.99 ---_--___--__-..__..------------------------d._..-r._- _-d_-__-j (4jn, 4 'Leas tine 5 Total) Change by Changs Driers 1961171,41 7. LESS PREVIOUS CERTIFICATES fOR -----.---_v__-------- __________.. . __.__....-_....-_.__._ ¢ PAY#;ENT (l3,e �, g;ac prier Certtfitets} 21251921.14 ndersigned taetraetor certifies 'pat to t'r,e hest' of the Can- S, CORREAT PATDOT DOE .......................... .SE or's Lnawladga, lafarlation, aad belief the Lark covered by 1. BALAW TO FIVI5N, PIGS RETITWASE .............P S266047101 Applitatioa for Paymnt hes been coopleted in eccordant& with (Line s less Line OI on:rcct Oocu>rentsa th,t c11 ago;ints have been psid lay the Con- .or for tfatk for which for 5agy.e7,t Eire d and paysints rscrlvid frac the Oijaer, and that turrent pay- shovn hiriln it slow doe, ...........................----------------------- .---_-------- DALTON ARCT2 RIETLDERS State of: County aft Subscribed xcd Suern to before it this doy of Notary Public: Oat&: t / .o Ay Coamistion expires; --- -• --- . --------�--------- .. _...-------------------- ---- _ a --- ---_-----_.,.._ AnOUNT t€RTIFIEI ......- ... .. ..•. t H I T E c T'S C E R T I F I C A T E f D R P A Y DI E D# T (Attach explanstiar, i; nnoa:tt tertified difftra frau the amount tpplied far.) ccordatoo with the Contract Documents, based as on-alta observa- ARCHITECT: O'8rion [P eitiberg nx and the data :mprfsinj the above tpplicat:ior+, the ArtM tect iflit to the Owner that to tht beat of the Architect's knou- by Daft; e, information, and baliaf the Nork has progressed as indicated, This Csrtifiratr is not negotiable, The AID'I47 CERTIFIED is quality of the Ware is i6tcordante vILh the Contract Dstiscents, pgobla only to the tontractar nemod hart-in. ltsraatt, pty- the Contractor Ls entitled to payment of thi AbOUTET CERTIF11D. Brat and acceptance Of payment are sltthout preitad:ce to any I right! of the Ountr or Contractor ander this contract. 11/14/2003 FRI I1:39 ETX/RX leo 535D3J %ot)3 i NOV-14-2003 I 11!45 t ARIi `Z BUILDERS FAX 40, 4158833758 P, 84 1tITIaHAND CER71SICATY fax. P A Y 9 E I T --------- - _ .ER): ContraCostaCounty_-. ®__ _ _—_`PIa31ECT; Juvsnfls Hall Addition ___._ APP�ICATTari Nil: 2R CISTRIO0716M T4: 651 Pana Streit _ _ uVER 1Dfh filar PERIOD TD: 3 3# 13 JACNITECT Martinez, CA 94551 _CON IAiCTO R ;ORT); ARNIZ BUILDERS IIIA (AM6NITEC7)t O'Brian Kreittberg 4 MITECT'S 19 PIs1AR1NT pR03IsCT SD, 928-6dkY28F NOVATO, CR 14349 IT FOB: MTRACY DATft 99131182 -------------------—---------- ---------------------------—--- --- Appiloatica is nada for Payment, 36 ahoun bslcy, in canaactictt TR At TO R'S APPLICATION f a P A I 1 E A T with thacontract, continuation Skaet is attached. 7 _°--.-------. - --------_---------------------------i E ORDER $UNWARY j 1. 091611AI COITIAtT SCI ........................ S 26798SISf44 m_-.-_.--......_e___......_._..,._ ..__-- --- - --------.,-.-.----� 2, Bet chaaye by tkanga Orders .........if,.f.... 1 1411171.41 s Orders approved in ADDITIDWS - [ MU CTIt13 9. COITAAtt 38N T4 DATE ......... ................I 218549{1.18 .ous aaa€hs by 4vner ! A. TOM COMPLETED I STDREO TO DATE ............. # 23251021.14 TOT U ( 1416443,11 (Column 1 -ar___n.__------- o--.._ ---- •------ .--- 5. aETAIPAIEt feed this Month — ( o. <0! E of Completed Work t4 ----------------------- � � (Coluatn Ott ) er }Data Approved (, ; ®. .91 t of Stored Material $ .1b e:err SEE ATTACNEb C84rioE DAi1ER REPDRT rreWt E (Column F) ! { I Total RataiAage (Dina tatSb) or _._-a_._.---.--------......--r.._....o.r.........._,...a>_.... .._.. (Total in Column I) ....... .............. ; 44 TOTALS 1 44728,11 1 I b. TOTAL E49119 LESS RETAINA1E .i,...,,,......... 4 2125143.1,19 ----------..............................i......................( (line 4 less Lige 6 Total) change by Chonga Orden; I 1161171,18 7. LESS-MVIOUS CERTIFICATES. F01 --------------------. -----a.----------.---..------------._.d...E P1 IENT (Line b fres prior Certificate) 22116032,27 ndersigtted contrattor certifiet that to the best of tht tan- 8, CHREIfT PAVIENT DOE ..........I............... I 1284919.92 ,or's kneyladgg, information, and belief tho cork tovertd by 4. DALAWCE T9 FINISH, PUS AETAIM M .............4 461352431 Application for payment has barn complsta& in secardAnts ul th (Lint 3 lees Liao 6) ;ontraot Dotumentt, Oat All aa►ovats have batt paid by the con- ey for Work for Vtich previous Cartificataa for Paymant Vero to and payments tecaiusd frov the Avner, and that current pay. shown herein is rtov duct, ............_.._.--------------------------=----a>............... MALT M A ATZ BIJILDEBS State of: County of; 5ubecri1oad.and sworn to before ofa this day of , �,.•-� Notary Publit: O•_4 Ay Comalssion axpire'ct .------------------------- —_--_----__---------- Ah4UNT CERTIFIED ..............1.... i . ... ..} I C N y T E C T'S C f A T I f ? b A T E f 0 1 P A Y M E N T (Attach explanation if amount cortiflad differs from the amount applied far,) otordanog uith the COAtradt DoadmtntA, based oc oo-site obsarva- AMIT'IM O'9r1in letitibarg ins slid the data comprising tha above appiicat"sop, the Architect Mier to th) owlor that to the best :f the ArwAitast's knou- By; Date: Ig, information, and t}aliaf the Bork has progressed as laditattd, This certificott is trot nsgotlable. The AMOUNT CERTIFIEC is quality of the Work in i0 accordance uitb the contract sieuxsats, payable only to the contractor tweed h:rsin, Issuance, pay- tht Contractor is t titled to paysont of the A40UNT UITIFIM mint and Acceptance of payment are vitbout p*tjodica to any rights of the owner or contractor under this contract. 11/14/2003 rRI 11:39 LTX/RX NO 98521 M004 MOV—14-2003 FR 111;45 AM ARKTZ BUILDERS FAX NO, 4158833755 P. 05 »..—.v.r t• w..—..rarvua.—.r�w.— __--,..p .. a a _e._».,r._++w ..wwn®.vw.._.nrv.. ...._.w....... `'''�„m' yfp".j•.!'o eu+.w'✓rw - _______________ R};8 ContraCosti countyPROJECT;- - aOvealleHall- _Addition Y-- AfPITCATIO'l 3iD; 2S DISTAIRs3T.0N TDs 6Sl Piot Street Owl 1071% Floor P1111D TO. 1.1,1(63 ARCHITECT nartinex, CA s4.50 CD1tTRAtTDB 117;3 AM7 SUILDEBs VIA (MO IT W)i O'Brien troltr6erg ARCHITECT'S 1D PA'NAM UY PR03ECT t€0: 9;8-tI322$F NDVATO, CA 34441 FORS CONTRACT GATE( Cif'B as .._...--------------------- ___ _-----------------_—....._--_---- Applitatian Is madt for P$yment, is s:houn bolos:, in conntttion A A C T 0 RIS A P P L I t t T I 0 H F D R P A Y C E N T a I t h the o a r.t r a t t. Cantirsnetion Shtet is Attached, --------------------------------- ------------------- --) ORDER SMARY 1. 011119AL COMICT $UR 1--......,.t......... 26743675.00 .-_-_----__.__.------------- 2. Not Lhage by Change orders .................. $ 11165(3.16 Drders approvad Ln ADDITIDIS j DED0CTI09S ( S. CONT M SUP TO DATE ..........................6 77810218.40 fist months by ovntr i 4. TOTAL COMETE1 t STEREO TO WE TOTAL 1 1013025.00 i (Column 8 } ----------------------- --------—-------------- n. MAMIE- red thI¢ Nontn a. .10 t of Complered Work .Do .........r__ ---------- � i (Calump 0+E ) r (Date Approved ( 5. .11 t of Stared laterfal *�t�Y SEE ATTACHED CHA#0E ORDER REPORT (Column f) ` } Total Rktkinage (Line Sa+Sb) or ------------------------- ------------------------.,.. ._. _.} (Total In Column Bl ................. � D1 TOTiLS 1 13516.00 ( ( 5, TOTAL EARNED LESS IETAIHAOE -._-------------------------—--------- (Line 4 lost tine 5 Total} harsge by Choassla Drdsrs 1 1116643.11 ( 7. LESS PREVIDUS tEATIFICATES FDR ------------ .. _......-..__....... -------- MOW (lank 6 from prior Cartfficatt) 2144110fiIJi 'dersigrsed Contractor tertifiax that to tbo best of the too- E. CURRENT PMENT DUE ................ ......... 527145.32 ir's knauledge, Inforetat oo, Ind Wilt the 3lork covered by I. DhlWE To FINISH, PLUS RETAINASE .............1 cv)VOWS,73 ,pplioatian for Payment hos been completed to actordmtsea pith (List& I less link 6) antra.t DDtvaasta, that all acsountc have been paid by the Con- sr for Work for uhilth previous Certificates for Pay&esst veto d and paymeots raaeived friars Cbo Ouner, and that turrnt pay- shout, herein is .lav due, ................................................................ ACT ;AP,NT2 CUIMIS Stei;e of: County afs Sobscr#bed and sworn to before, ase this day of , Notary Pablic; Data; */� ;fy ta#tsfcaSan explras: AADDNT CERTIFIED ,.............................. i 8 I T C C 115 C E R T I P ; t A T E f 0 R P A Y N E R T (Attack axplanatioo If amount cerriflk'd differ$ from the amaust't applied far.) ccordenca uith the Corstratu Doessatnts, abased on on-slit observe- ARCHITiCT; D'8rien Irel t7z arq as ,mad the data samprisi€(g; the above appbicatlea, the Architect ifias to the Dauer that to; thss best of tht Architect'% knots- Boz Doias,��,,,�, e, iafermsstioo, aid belief the Vark has progressed as Irdicittd, This Certiflcatk is not ntgotiabla. The M UNT CERTIM0 Is gv311ty of :he idark it in iu0ordanct With tht Contreot Documents, payable only to the Contractor named hereit. losua ase, pay- the Contractor is entitled to payment of the AROM CERTIfI:O, mens and Atteptenov of pajsaaesrt art vithou't preJUJIZk to any rights of the Duna or tantraetor under this contract. 11/14/2003 FRI 11:39 (TI/RX'NO 933q] 0 005 -N V--1.4-2303 RI 11:45 ARMTZ BUILDERS FAX NO, 4158833756 F. Ub . ..�- d ; AT1ON AND CIITIPICATE .f0k PAYNf91 ER)z Contra Corti County PROJECT-, 3duepile 9111 AddW§11 APPLitATIO% XO; ?9 DIST1140TlV9 TO: 65: Pile Streit — "ER IM floor PERIOD 10. 7131113 MITECT mrtlnti, CA 3$553 tOt�TR#CTOR ONTi; AANT? 10MRS {CIA (41C9rTFtT); O'lriso Krsitzbsrg ARtNI1ECT'S `19 PAXA909 'dY PRBJECT N4z 921-01ZW NOVATO, CA 94999 .T MiCONTIACT DATE., a3J31161 ------------,_.--------------------------------—--------- —-----------------_..---------------------------.r----- Applitition is nada for PoymM, as shown, belou, in connection T R A L T 0 RIS A P F l I C A T 1 a N F O R F A1 N E M T with the contract. Continuation 541st is attached. ------------_------------- I !E 19DER SMART 6 1. 0MINA1 tOATRACT SON ................<,.,:... $ 26793M.9 --___---- ----------------------- 2. Nit Change by tkange Orders .............. $ 1913425,11 4t Orders approved in I ADMITIDNS eEltN MAI S 3, CONTRACT SUN TO DATE ..........................T 27795740.99 iuus months by ovrier a 9. TWA' COMITED i 818RED TO DATE ............. # 21481166.95 TOTAL 1043126.64 j (tclOnn 6 } ___e-------w-_,,,,_..___e S. HTAIRA3E; oved this Month € a. 44 4 of toFipietAd Work Al -------------- (Colum D+f ) ler ',bets Approved t j b. .41 t of stored Aatariel # .0t 7 (ColnAn F) Total Retainage (line 6e+56) or (Total in Calutit°I) ...................... # let TOTALS i 6. TOTAL FARM LESS RETAINAGE ..............>... $ 2148$118.93 ------------------------- (tlte 4 loss tine S Total) thinge by tbangt Ordors # 1413025.05 i. LESS PHVIDUS CERTMATES FOR _.._.--------------._..--------- ppYREIT (line 6 fron prior Certificate' .. # 24565S19.23 uadarilinid contractor tcrtiflas Chat to the belt of the tun- 9. CURRENT PAYN£NT ODE .......................... $ 122967.72 :tot's knovlidge, inforsetion, end billet the Bork eaverod by 3. 11MCE TO FINISH, ACUS RETAINAGE .............$ 5307013.066 Applitst"ion for Payment has bean ttspletid in iccordahet with (tine 3 lose ting 6) ;oAtritt Documents, that all anounta have been paid by the Con- ctor for Work for which previous Csrtifitatis for PBymept vert uad and payments reeaived from the War, end that, current pay- tshove 4arein is nou due, ._.._.__ .......w___.--------------------------_._- _........_-- €TRACTOR AIR`Z 1011DERS state aft Comply aft Subacr,'.bed and lucrx to bafors at this day of , Notary POlier ate: •A NY toneission expires: ...Z...... ......,_...,...,...-------.----+wrr _.w+-------------------------rr.w•_..�.-r.. 190UNT CERTIFIED ................... R C 0 1' T t C T'S C E A T I P I t A T E F O R P A Y % E N T (Attach taplan,AtienIf imeurtt certi.flid differs frts the amount applied for,) I accor6anat with the ,tedt4att iratume;tts, based on oto-site obetry:- AACAITECT. Q'lrien Kreitzhtrg 'ions and the data comprising the above applitation, the Architect artifies to the Owrsr khat.to .he best of the Architett's know- Syr Dates= °dgo, infora:aticn, and belief tha Work hit progressed as indicatsd, This, tertificits is not pegoti 6le, The MUkT CEAT'IFI D .is to 4911ity of the dark is is accerdapoa with the Contract Dotell;ts, payable only to the CgntraCtor nxreed hersin. Issotnce, pay- id t;:e tantrittor it tntitW to payment of the AMOUNT C11TI M L rent snd aoceptanee of payment ,ori uithout projudics to ;oy tights of the nunar or Cantrsotor ondar :his eortraat, r 11/14/2003 FRI 11:39 [TI/RX NO 98591 fb000 OFFICE OF THE COUNTY COUNSEL SILVANo B. MARCHESI COUNTY OF CONTRA COSTA COUNTY COUNSEL Administration Building 651 Fine Street, 911' Fier f' , = �, SHARoN L. ANDERSON (Martinez, California 94553-1229 ted, 1, CH3EF ASSISTANT ° a l }i _ �k � GREGORY C. HARVEY (925) 335-1800 ��'� " +`'a�1�d�1�1�- '- �'�� VALERIE J. RANCHE (925) 646-1078 (fax) ; ,y p AssSIS;ANT"s November 17, 2003 Via Fax(925-930-6620) and U.S. Mail Richard E. Norris Archer Norris 2033 North main Street, Suite 300 Walnut Greek, CA 94595-3728 Re: Juvenile Hall Addition, [Martinez This responds to your November 14, 2003 letter. Arntz Paint #1: Principles of Agreement constitute a binding, written agreement. Countv Resoonse #1: This already was responded to in my November 12, 2003 letter and November 13, 2003 emails (see Exhibits G and D attached). During our November 3 negotiations, the County representatives made it clear that the Principles of Agreement were merely deal points and would have to be finalized with a detailed written agreement (change order). This is reflected in the language of the Principles—"Said principles of agreement shall be finalized in a formal written agreement by Arntz not later than 12.00 p.m. November 12, 2003." Since a formal written agreement was not finalized by the stated deadline, no binding agreement was consummated, just a set of deal points. Moreover, for an agreement of this type to be binding on the County, it would have to be approved by the Board of Supervisors. Arntz was aware of the limitation on John Sweetens authority and is bound by it. See also Response #3 below. Arntz Point #2. Arntz has made significant progress in lining up subcontractors and finalizing its schedule. o�€ntponse #2: During our November 3 negotiations, the County representatives made it clear that, for the deal to be consummated, Arntz would have to obtain written approval of the schedule from all subcontractors by 12:00 p.m. on November 12. Arntz obviously understood that requirement as evidenced by their November 11 mandatory site meeting with subcontractors. Itis irrelevant that Arntz feels that they have made significant progress in lining up their subcontractors. Since Arntz failed to obtain unqualified approval Richard E. Norris November 17, 2003 Page 2 from all subcontractors by the stated deadline, they failed to meet one major requirement of the Principles. The responses from the two lamest subcontractors—Helix Electric and Lawson M-echanicai—are so qualified and conditioned that they really do not constitute schedule approval at all. No approvals were provided for certain subcontractors. Walschon, the new fire sprinkler subcontractor, was not invited to comment on the schedule, nor did they approve it. Additional subcontractors who attended the meeting and did not approve the schedule include Integra (security electronics) and Norment Security (hardware). Pisor (fencing), Six Rivers, Wayne Swisher (concrete), and West Coast Industrial Floor did not attend the meeting or approve the schedule. For those subcontractors for whom approvals were provided, the subcontractors' approval and commitment are vague ("and concur with its contents"). Arntz Point 3: Arntz has complied with the letter and spirit of the Principles: the County has breached both. County Resoonse #3: This already was responded to in my November 12, 2003 letter and November 13, 2003 emails (see Exhibits C and D attached). As mentioned move, a formal written agreement was not finalized by 12:00 p.m. on November 12, and Arntz failed to provide written approval of its schedule from all subcontractors by the deadline. That hardly constitutes compliance with either the letter or the spirit of the Principles, especially considering Arntz's repeated failures to comply with the project scheduling requirements and completion date. During our November 3 negotiations, the County representatives made it clear that, for there to be any deal, Arntz would have to come into full compliance by 12:00 p.m. on November 12. The events that followed our November 3 negotiations actually are covered by the confidentiality agreement that we made at the start of the negotiations. In any event, the County disagrees with the characterization of those events in your November 14 letter. Here is our description of the situation: Before the negotiations, the County was proceeding with termination — something the County may do without agreement from Arntz. However, as a result of the November 3 negotiations, the County thought there was an understanding about mutual concessions that, if perfected, would have.provided sufficient consideration to the County to overlook previous serious defaults by Arntz; thereby avoiding termination. The County informed Arntz that the County would draft the language of the agreement intended to capture the principles of agreement negotiated November 3. Since the Richard E. Norris November 17, 2003 Page 3 County weld be changing its legal position and foregoing its right to terminate, it is logical that the County would want to be the moving party with the agreement that was to formally state the mutual promises which lead the County to agree in principle not to terminate. • Arntz ignored the County's stated preference to draft the agreement perfecting the principles and produced a draft agreement that was inconsistent with the County's understanding of the principles. Consistent with the County's declared intent, there was no creed for the County to repond to that draft, and the County proceeded to draft its own agreement. • The principles of agreement, by their terms, required the principles to be formalized in an agreement that would be executed by Arntz before a crate certain. In and of themselves, the principles did not constitute an agreement—your comments to the contrary notwithstanding. If the principles were to constitute an agreement, they would have been headed by the term "agreement" or "contract` rather than "principles," • After the November 3 negotiations, the County became aware of information about addit=ional fire sprinkler system problems — information the County believes Arntz was aware of at the time but did not share with the County. That new information materially changed the circumstances on the basis of which the County negotiated with Arntz. • Since the principles were not consummated into a formal written agreement, the County will do what it always could do — consider if it has sufficient cause to terminate its contractual relationship with Arntz. The failure of the parties to effectuate the principles agreed to November 3 leaves each party in the same position each was in prior to those negotiations. Arntz Paint : The County has not provided any rationale for rejecting the November 7 settlement agreement prepared by Arntz's attorneys. County Response : This already has been responded to in my November 12, 2003 letter and November 13, 2003 ernails (see Exhibits C and D attached). In my November 12 letter, the County gave a detailed rationale for rejecting the language changes that you emailed to rye earlier that same day. Since the draft language that Bill Maples emailed on November 7 is similar in many ways to the language that you emailed on November 12, the County has provided a detailed rationale for rejecting the November � draft. however, as requested, I provide the following additional comments: Richard E. Norris November 17, 2003 Page 4 • Although the November 7 draft states that Arntz will perform the Work in accordance with the schedule, it does not clearly and definitely state that Arntz will finish the Work no later than March 30, 2004. • The November 7 draft attempts to limit the subcontractors' work to that shown in the schedule, Since the schedule does not include all contract work, that limitation is unacceptable. Moreover, there is no evidence that all subcontractors had approved the schedule. • The November 7 draft doesn't mention the specific claims that Arntz previously filed or the purported reservation of rights letters that Arntz included with change orders. Since Arntz has described its existing claims in terms ether than owner-caused delays, the November 7 language is not bread enough to cover all past claims. This is inconsistent with the November 3 negotiations, in which the County representatives made it clear that the County was expecting a comprehensive waiver of all Arntz claims against the County. • During the negotiations, the County representatives made it clear that the County also expected a waiver of Arntz claims through the remainder of the project, with the passible exception of legitimate change order work (i.e., extra work items). This reflects itself in the Principles, which refer to "any and all claims, including mark-up on subcontractor claims, from current date through project completion." The November 7 draft cryptically refers to "any claims it [Arntz] may have, . . ., against the County by reason of the extension of the substantial completion date of the Contract to March 30, 2004." That language is inconsistent not only with what the County representatives insisted on, but also with the Principles themselves, ® In describing the $100,000 to be paid by Arntz to the County, the November 7 draft included a waiver by the County of all claims against Arntz for litigation costs incurred by the County in responding to subcontractor claims or litigation. The Principles did not include such a waiver by the County and also required Arntz to act as a conduit for the County's collection of liquidated damages from; subcontractors. 40 A close examination of the November 7 draft reveals other examples of wording that the County disagrees with and feels is inconsistent with the November 3 negotiations and Principles of Agreement. However, the above examples should suffice to show that the November 7 draft was unacceptable to the County for various reasons. Richard E. Norris November 17, 2003 Paae 6 Arntz Point #6; The County's three main requirements were: (1) execution of a follow u agreement; (2) securing subcontractor approval of the revised schedule; and (3) ironclad assurances regarding funding issues. County Response #5; As stated in my November 12, 2003 letter, the County's four main, requirements were: (1) broad comprehensive claim waiver from Arntz; (2) completion of all project work by March 30, 2004 (funding deadline); (3) ironclad protection against loss of 4 million funding; and (4) written approval of schedule by all subcontractors. Unfortunately, the response received from Arntz did not properly address any of the County's key requirements. Arntz Point#6: The Principles don't require Arntz to obtain subcontractor approval of the schedule by any particular date. County Response #6: This already was responded to in my November 12, 2003 letter and November 13, 2003 emails (see Exhibits C and D attached), wring our November 3 negotiations, the County representatives emphasized the need for Arntz to obtain fell subcontractor approval of a revised schedule showing project completion by March 30, 2004. The County representatives also emphasized that, for the deal to be consummated, Arntz would have to obtain full subcontractor buy-in by 12:00 p.m. on November 12, That Arntz understood the County's requirements is evident from their scheduling a mandatory subcontractor meeting on November 11. For Arntz now to suggest otherwise is playing dames. Arntz Point#7: The County is obligated to pay Arntz the funds withheld from four progress payments. County Response #7: This already was responded to in my October 30 and 31, 2003 letters (see Exhibit F attached). The releases included with your November 14, 2003 letter are invalid under Civil Code Section 3262, which provides that any other form of release is null and void. Therefore, the County must continue to withhold $1,460,406 to cover the Helix and Say Cities stop notices until Arntz provides proper release or release bonds or instructs the County to issue joint checks. Since Arntz now admits that they will not substantially complete the project until March 23, 2004, the County is entitled to withhold $1,436,000 in liquidated damages (i.e., 5,000iday x 237 days for the period from June 16, 2003 through March 23, 2004). In addition, the County is entitled to withhold funds to cover all defective work items (fire sprinkler system, masonry block wall', etc.). The County estimates that those repairs will cost about 1 million. The above amounts, which the County legally is entitled or required to withhold, more than cover the fiat three progress Richard E. Norris November 17, 2003 Page 6 payments listed in Exhibit F. The fourth progress payment just has been received and still is being processed. Arntz Point#3: If the County terminates Arntz, the project will not be completed on time; if the County doesn't terminate Arntz, the project will be completed. County-Response #3: Given Arntz's repeated failure to comply with the scheduling requirements of the contract documents and five-month delay beyond the June 16, 2003 completion date, any Arntz assurances about project completion are problematic at best. As recent as last month, Arntz was assuring the County that Arntz could complete the project by December 2003. During our November 3 negotiations, Arntz assured the County that completion would occur by January 2004. The latest revised schedule prepared by Arntz shows substantial completion by March 23, 2004, and not all subcontractors were willing to assure completion of their work by that date. In your November 14 letter, you state that Arntz will complete the project if the County does not terminate Arntz. In theory, given enough time, Arntz undoubtedly would be able to complete the project. However, the County's funding requirements and the contract documents require completion by a date certain. Artnz's open-ended, constantly-changing commitments are not something that the County can rely on. Arntz Point#9: The County has interfered with Arntz's efforts to fix the fire sprinkler problems and has made conflicting demands for correction of the system. County Response #9: This already has been responded to in George Roerner's November 10 and 12 letters (see Exhibit F attached). Although the County wants the project to be completed as soon as possible, it is essential that the fire sprinkler system problems, which are a life safety issue, be properly investigated and corrected. Arntz's response to those problems has been to have a new subcontractor(not then approved by the County) perform superficial repairs. Although Arntz's consultant reported to the County that the design of the system in the housing units is defective, the County was not provided supporting documentation and was not adequately informed of the consultant's proposed fix or attempt to secure Mate Fire Marshal approval. Keeping the County out of the loop and proceeding quickly with superficial corrections that probably will interfere with the ultimate repair or replacement of the system is not an adequate response to the serious fire sprinkler problems, even if the County wants the project to be completed as soon as passible. With an issue this serious, it is essential that Arntz keep the County fully in the loop, obtain the County's approval of necessary redesign and corrective work, and perform approved corrective work that will address the root problems, not superficial, haphazard corrections that probably will hinder the ultimate corrective work. Arntz has failed to approach the fire system correction in that manner. The County's demands are not Richard E. Norris November 17, 2003 Page 7 inconsistent—we want the project completed as soon as possible but also want the fire sprinkler problems to be addressed in a proper comprehensive manner with the County's full involvement. Arntz Point#f10: Arntz requests that your November 14, 2003 letter and the attachments be included in the records submitted to the Board of Supervisors. County esponse_#10: As requested, the County has included your November 14 letter and attachments in the Board's packet. however, you should remember that our November 3 negotiations included a confidentiality agreement by both sides that the negotiations and agreement finalization would be inadmissible as confidential settlement negotiations. Apparently, you intend to waive that confidentiality protection. Although honoring your request, the County does not waive the agreed confidentiality and reserves its right to enforce the confidentiality. Nevertheless, since your materials are being included in the Board packet, out of fairness to the County, 1 am including other materials that respond to your November 14 letter or place it in context (see Exhibits A-F attached). Arntz Point#11: Arntz requests copies of all documents in County files pertaining to the "federal funds controlled by BOC." County Response #11: The County will respond to this request as soon as possible. Very truly yours, SILVANO B. MARChESI COUNTY COUNSEL By: David F. Schmidt Deputy County Counsel GFS,/ Attachments Exhibit A — November 10, 2003 email (David F. Schmidt to Rick Norris) with proposed change order Exhibit B — November 12, 2003 email (Rick Norris to David F. Schmidt) Exhibit C — November 12, 2003 letter (David F. Schmidt to Rick Norris) Richard E. Norris November 17, 2003 Page 8 Exhibit D— November 13, 2003 emails (David F. Schmidt to Rick Norris) Exhibit E — October 30 and 31, 2003 letters (David F. Schmidt to Deborah Palmer) Exhibit F -- November 10 and 12 letters (George Roemer to K. Allen Arntz) cc: Bell, Rosenberg & Hughes Attn: Roger M. Hughes (via fax and U.S. mail) Travelers Casualty & Surety Company of America (Bond No. 103SB103323005BCM, File No. 001SCT0203557NR) Attn: Eric R. Mausolf(via fax and U.S. mail) John Sweeten County Administrator George Roemer, Senior Deputy, Justice Systems Mark Tortorich, URS Construction Services F F i i ?y t5 4 'i; Page I e`2 ?avid Schmidt From: "David Schmidt"<dschm<x cc.cccounty.us> To: "Staples, William"<wstaples@archernorris.com>; <rnorris@archernorris,co n> Cc: "Roemer, George" <groeme-cao.co.contra-costa.ca.us>; "Sweeten, John"<jswee@c@o.co.contra- costa.ca.us>; "Anderson, Sharon L."<sande@r@,cc.co,contra-costa.ca,us>; "Marchesi, Silvano B." <smarc@cc.co.contra-costa.ca.us>;<mark_tor torich a@lurscorp.com> Sera. Monday, November 10, 2003 7,56 PM Attach: Chance order#26 11-10-03.doc Subject: Re: CCC Juvenile Hall -Arntz Rick and Sill, Since Thursday, November 6, 1 have been working on detailed language for a chance order to carry out the Principles of Agreement agreed to on November 3. Here is the form that the County proposes. It would be attached to a standard change order"shell,"like the one used for Change Orders#1-27. Tease let me know whether the attached document is acceptable to you and your client. if so, I will forward a complete "shell"and attachment for you and your client's signatures. Several days after our long meeting on November 3, the County heard that Sill Feld had determined that the hydraulic design of the fire sprinkler system in the housing units is deficient and that the system will have to be changed to a looped system. The corrective work, which the parties were not aware of on November 3, undoubtedly will take considerable time and effort and will require additional approval from the State Fire Marshal. Since your client is warranting a March 30, 2004 completion date for sail project work, you and your client will need to figure out how the corrective work can be addressed within the agreed project schedule. If your client signs the attached change order, the County will assume that all work, including the fire sprinkler corrective work, correction of other defective work, and remaining work in the Tamalpais Wing, will be completed by the March 30, 2004 deadline. David F. Schmidt Contra Costa County Counsel's Office (025)335-1816 dschm,Zcc.cccou nty.us -----Original Message ----- From: "Staples, William"{wstapie��,�rchgrnorris.com> To: <dschrnCgD_cc.cccounty.us> Sent: Monday, November 10, 2003 4:26 PM Subject: FW: CCC Juvenile Hall -Arntz > > _......_Original Message--_em > > From: Staples, William > >Sent: Monday, November 10, 2003 4:24 PM > >To: `ddsch!nn& c. ecc7unty, ' > >Cc: K. Allan Arntz (E-mail); Toni Arntz (EE-mall); Norris, Richard >> Subject: CCC Juvenile Hall -Arntz » > > David, I have not heard from you today with regard to the proposed settlement agreement I sent to you via e-mail last Friday. I'm not sure if you and Rick Norris have spoken today and if you have, I apologize if+Eris s duplicative. The Principals of Agreement that we negotiated and were signer-, on Nov. 3 require a finalized written agreement by noon. on Wed., Nov. 7_'0X`H I BIT A Is/1 7/03 Grange Order #28 Attachment In lieu of the Jure 16, 2003 completion date specified in the Contract, Contractor agrees to complete all Contract work by Mercy 30, 2004. 2. In completing the work, Contractor and Its subcontractors shall fellow the Novemberl1, 2003 project schedule prepared by Contractor (see attached copy), which provides for the completion of all Contract work by March 30, 2004 and which has been approved in writing by Contractor's subcontractors. Should Contractor deem it necessary to deviate in any way from the attached project schedule, Contractor shall follow the schedule revision provisions of the Contract (see Technical Specifications, Section 01100). While the attached schedule covers most of the work remaining to be performed on the project, it does not cover all items. No later than March 30, 2004, Contractor shall complete all Contract work, whether specifically listed in the attached project schedule or not, including without limitation repair or replacement of the fire sprinkler system in the housing units and the administrative wing, repair or replacement of other defective work, and performance of remaining work in the Tamalpais Wing. 3. Contractor, for itself, its officers, directors, agents, employees, and related entities and persons, waives any and all claims that it has or may have against County, its governing board, officers, agents, employees, project managers (including URS Construction Services), architects (including Kaplan McLaughlin Diaz), consultants, and attorneys (collectively "Releasees"), whether for delays, acceleration, disruption, or otherwise, from the beginning to the end of the project, and fully and forever releases the Releasees from any liability that the Releasees have or may have for such claims. The waiver and release cover all claims, both known and unknown, and Contractor expressly waives the provisions of Civil Code Section 1642, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.,, (4) The waiver and release in Section 3 do not apply to: (a) Any claims that Contractor's subcontractors have or may have against the Releasees, but Contractor shall use its best efforts to secure a written waiver from each subcontractor of any and all claims that the subcontractor may have against the Releasees; and (b) Compensation to Contractor authorized by change orders already issued or subsequently approved by County for extra work items not shown in the Contract, but such compensation shall be limited to the actual cost of labor and materials and shall not include any overhead, markups, or other expenses incurred or claimed by Contractor. The waiver and release in Section 3 specifically include without limitation: (a) Any markups, indemnity or contribution rights, or other rights or claims that Contractor may have against the Releasees relating to subcontractor claims; (b) The purported claims dated May 2002 and February 9, 2003 filed by Contractor; and (c) Any rights reserved by Contractor in Change Orders #1 through #27. (5) Contractor shall defend, indemnify, save, and hold harmless the releasees from any and all claims or litigation filed by PFP, Inc. or any related entity or person. (6) In consideration for Contractor's assurances and obligations under this Change Order, including without limitation the waiver and release in Sections 3 and 4 and Contractor's promise to complete the entire Contract work by March 30, 2004, County agrees to waive liquidated damages for the period from June 16, 2003 through March 30, 2004. The waiver of liquidated damages applies to delays by Contractor only and does not prevent County from asserting and recovering liquidated or actual damages for any delays caused by Contractor's subcontractors. Contractor agrees to cooperate with County in asserting and recovering liquidated or actual damages from subcontractors and agrees to assign rights to County to facilitate such recovery. (7) Upon the filing of notarized releases that comply with Civil Code Section 3262 or release bonds that comply with Civil Code Section 3196, County agrees to release to Contractor the funds presently withheld from progress payments #24, 25, and 26, except for the following amounts that County is entitled to continue withholding: (a) ;insert amountl for defective work rejecters by County, which amount will be released to Contractor upon correction of the defective work to County's satisfaction; and (b) $100,000.00 for County's extra expenses in administering the Contract between June 16, 2003 and March 30, 2004 and County's expenses in defending against any claims or litigation filed by Contractor's subcontractors, which amount County is entitled to keep and use as County sees fit. (8) Should Contractor or its subcontractors perform additional defective work that is rejected by County or County's project manager, County shall be entitled to determine the cost to correct the rejected work and to withhold that amount from progress payments, as authorized in Sections 7 and 8 of the Construction Agreement. (0) Should Contractor fail to complete all Contract work by March 30, 2004, County will use Its best efforts to obtain an extension of the March 30, 2004 deadline for County's receipt of$4 million in funding from the State Board of Corrections. Whether the County succeeds in obtaining the extension or not, for every calendar day that Contractor's completion is delayed beyond March 30, 2004, County will have the right to levy liquidated damages of$5,000.00 per calendar day to compensate the County for extra contract administration and other expenses incurred by County. In addition, if County fails to obtain the extension or if Contractor's delayed completion otherwise results in loss of all or a portion of County's funding, County will have all rights and remedies against Contractor, its bonding company, and subcontractors, including without limitation the right to also recover the lost funding from those parties. (10) The parties acknowledge that this Change Order is a compromise of disputed claims and that it does not constitute, and shall not be construed as, an admission of liability on the part of either party. (11) This Change Order shall be binding upon and inure to the benefit of the parties and their respective successors, agents, designees, and assigns. (12) This Change Order is entered into freely and voluntarily and with and upon the advice of counsel. Each of the undersigned warrants that the person signing below is authorized to sign this Change Carder on its behalf and to bind it to the terms of this Change Order. (13) This Change Order shall not be construed against the party preparing it but shall be construed as if both parties jointly prepared it, and any uncertainty or ambiguity shall not on that ground be construed against either party. (14) Should any provision of this Change Order be held invalid or illegal, such invalidity or illegality shall not invalidate the whole of this Change Order, but rather, this Change Order shall be construed as if it did not contain the invalid or illegal part, and the rights and obligations of the undersigned shall be construed and enforced accordingly. County of Centra Costa (County) Arntz Builders (Contractor) I By: By: Name: Name: [type or print; [type or print] Title: Title: I 1 FORM APPROVED: FORM APPROVED: Silvano B. Marchesis County Counsel Archer & Norris a � E e s By. By: David P. Schmidt Deputy County Counsel K: i� �t 1 1 5� 45 1 1 1 �5 ,11 1 �t l 7 Y Sr �5 5 1 i i f 1i :i 15 Page I of I David Schmidt From: "Dillard, Sherri"<sdillard@archernorris.com> To: <dschrn@cc.cccounty.us> Cc: <allanCoarntzbu lders.com>, <tomc@arntzbuilders.com>, <mrh brhlaw.com>, <krc@brhlaw.com>, "Stades; William"<wstaples archernorris.com> Sent: Wednesday, November 12, 200 11:29 AM Attach: rVComparison AN1_326475_1-AN I_326421_2,DOC; CCC' Juvenile Hall Change Order 28 V2.DO Subject: Attached Files :`fir. Schmidt: Attached please find a redline showing the revisions to Charge Order No. 28 that Arntz BEuilders believes will make the Change Order consistent with the agreement reached a week ago, Monday. Arntz Builders is also prepared to proceed on the Settlement Agreement heretofore provided to you or on the Principles of Agreement already executed. Arntz Builders is working with URS to make progress on the fire sprinkler issues and on other issues that have arisen. We appreciate the cooperation of the County in this complicated endeavor. Thanks. Rick Morris <<DVCornparison_AN1_326475_1-AN 1_326421_2,DOC>> «CCC Juvenile mall Change Order 28 V2.DOC» EXHIBIT B 11/1-7/103 Change Order#28 Attachment In Iieu of the June 15, 2003 substantial completion date specified in the Contract; Contractor agrees to substantially complete all Contract work by March 30, 2004. 2. In completing the work,Contractor and its subcontractors shall follow the Novemberl 1, 2003 project schedule prepared by gB§"n Contractor(see attached copy),which provides for the_substanf lall completion of all Contract work by March 30, 2004 and which has been approved in writing by Contractor's subcontractors. Should Contractor deem it necessary to deviate in anyway from the attached project schedule, Contractor shall follow the schedule revision provisions of the Contract (see Technical Specifications, Section 01100). While the attached schedule covers most of the work remaining to be performed on the project, it does not cover all items. No later than March 30, 2004, Contractor shall substantially complete all Contact work, whether specifically listed in the attached project schedule or not, including without limitation repair or replacement of the fire sprinkler system in the housing units and the administrative wing, repair or replacement of other defective work,and performance of remaining work in the Tamalpais Wing. 3. Contractor,for itself, its officers,directors, agents,employees,and related entities and persons,waives any and all claims that it has or may have against County, its governing board, officers, agents, employees, project managers(including URS Construction Services), architects(including Kaplan McLaughlin Diaz), consultants, and attorneys (collectively "releasees"), for delays, acceleration, disruption, or in ffic*enc`ies or extended oyerhe d, from the beginning he- 4of the project;t�"arch,QZ_ 004 and fully and forever releases the Releasees from any liability that the releasees have or may have for such claims. The waiver and release coveratlthe aforesaid claims,both known and unknown,and Contractor expressly waives the provisions of Civil Code Section 1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." ..i. ...Seo_boa .._3.4o.....not.._a p.pty_...tc � ... ...:Wfl .err. .. r l . _ lig i r a, :- pply � claims that Contractor's 111-- subcontractors have or may have against the Releasees,through Contractor.for Qr delays knot including Contractor mark-_but Contractor shall use its best efforts to DRi!?..1lsLIc.S? W_d1_ IYI secure a written waiver from each subcontractor of any and all claims that the s44Golqaubcontractors may have against the Releasees; and sib e moved v �the-GGRtFaG4 .-sriE^e�a�� ran# iror�garCn 9 fi C 5 S and rights reserved by Contractor in Change Orders #1 through #27. ( ) Contractor shall defend,indemnify,save,and hold harmless the Releasees from any and all claims or litigation filed by PIAP, Inc. or any related entity or person. (6) In consideration for Contractor's assurances and obligations under this Change Carder, including without limitation the waiver and release in Sections 3 and 4 and Contractor's promise to substantally complete the entire Contract work by March 30,2004,County agrees to waive liquidated damages forthe period from June 16,2003 through March 30, 2004. The waiver of liquidated damages applies to delays by Contractor, lyyit el ,and does not prevent County from asserting and recovering liquidated or actual damages from and for any delays caused by Contractor's subcontractors. Contractor agrees to cooperate., t�p cost to Contras or with County in asserting and recovering liquidated or actual damages from subcontractors and agrees to assign rights to County to facilitate such recovery. (`) Upon the ding of notarized releases that comply with Civil Code Section 3262 or release bonds that complywith Civil Code Section 3196,County agrees to release to Contractor the funds presently withheld from progress payments#24,260 and 26,except for the following amounts that County is entitled to continue withholding: (a; [insert amountl for deflective work rejected by County, which amount will be released to Contractor upon correction of the defective work to County's satisfaction= and (b) $100,000.00 for County's extra expenses in administering the Contract between June 16,2003 and March 30,2004 and County's expenses in defending against any claims or litigation filed by Contractor's subcontractors, which amount County is entitled to keep and use as County sees fit. (8) Should Contractor or its subcontractors perform(additional defective work that is rejected by County or County's project manager. County shall be entitled to determine the cost to correct the rejected work and to withhold that amount from progress payments, as authorized in Sections 7 and 8 of the Construction Agreement. (9) Should Contractor fall to substantially complete all Contract work by March 30,2004, County will use Its best efforts to obtain an extension of the March 30,2004 deadline for County's receipt of$4 million in funding from the State Board of Corrections. Whether the County succeeds in obtaining the extension or not, for every calendar day that Contractor's completion is delayed beyond March 30,2004,County will have the right to levy liquidated damages of$5,000.00 per calendar day to compensate the County for extra contract administration and ether expenses incurred by County a �rs��rit�ed irr the Q n r . dditior�,elf County falls to obtain the extension. ot&itl standing exercl e fits best eff€da_or if Contractor's delayed completion otherwise results in loss of all or a portion of County's funding,County will have all rights and remedies against Contractor, Its bonding company,and subcontractors; t : -ation the 4gNpon r ct to4lsG recover the lost funding from those partieseta ( an o�rI ear as mav, be ex re si v limited bv this Chart e Order. (10) The parties acknowledge that this Change Carder is a compromise of disputed claims and that it does not constitute;and shall not be construed as,an admission of liability on the part of either party. (11) This Change Order shall be binding upon and inure to the benefit of the{parties and their respective successors, agents, designees, and assigns. (12) This Change Order is entered into freely and voluntarily and with and upon the advice of counsel. Each of the undersigned warrants that the person signing below is authorized to sign this Change Order on its behalf and to bind it to the terms of this Change Order. (13) This Change Order shall not be construed against the party preparing it but shall be construed as if both parties jointly prepared it,and any uncertainty or ambiguity shall not on that ground be construed against either party. (14) Should any provision of this Change Carder be held invalid or illegal,such invalidity or illegality shall not invalidate the whole of this Change Order, but rather,this Change Order shall be construed as if it did not contain the invalid or illegal part, and the rights and obligations of the undersigned shall be construed and enforced accordingly. County of Contra Costa (County) Arntz Builders (Contractor) ! L � _......._._...................................... i IBy: By: Name: � Name: [type or print] i stype or print] Title: Title: 1 FORM APPROVED: FORM APPROVED: i Siivano B. Marchesi, County Counsel Archer& Norris x By; By: David P. Schmidt t Deputy County Counsel Document comparison done by DeltaVlew on Wednesday, November 12, 2003 10;46.28 Document 1 1Mana e.//hera/ANI/326475/1 3Document 2 iMana e://heralAN 1/326421/2 endering set =Standard n. Mknied to Format dhan e Inserted cell ;Deleted cell EMoved cell Split/Merged cell � Paddle cell Count Insertions 27 Deletions 24 Moved from 2 4Moved to 2' Format chap ed 0 Total changes 55 Change Order #28 Attachment 1. In lieu of the dune 10, 2003 substantial completion date specified in the Contract, Contractor agrees to substantially complete all Contract work by March 30, 2004. 2. In completing the work, Contractor and its subcontractors shall follow the Novemberl1, 2003 project schedule prepared by URS and Contractor (see attached copy), which provides for the substantial completion of all Contract work by March 30, 2004 and which has been approved in writing by Contractor's subcontractors. Should Contractor deem it necessary to deviate in any way from the attached project schedule, Contractor shall follow the schedule revision provisions of the Contract (see Technical Specifications, Section 01100). While the attached schedule covers most of the work remaining to be performed on the project, it does not cover all items. No later than March 30, 2004, Contractor shall substantially complete all Contract work, whether specifically listed in the attached project schedule or not, including without limitation repair or replacement of the fire sprinkler system in the housing units and the administrative wing, repair or replacement of other defective work, and performance of remaining work in the Tamalpais Wing. 3. Contractor, for itself, its officers, directors, agents, employees, and related entities and persons, waives any and all claims that it has or may have against County, its governing board, officers, agents, employees, project managers (including URS Construction Services), architects (including Kaplan McLaughlin Diaz), consultants, and attorneys (collectively"Releasees"), for delays, acceleration, disruption, inefficiencies or extended overhead, from the beginning of the project through March 30, 2004, and fully and forever releases the Releasees from any liability that the Releasees have or may have for such claims. The waiver and release cover the aforesaid claims, both known and unknown, and Contractor expressly waives the provisions of Civil Code Section 1542, which provides; "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." (4) The waiver and release in Section 3 do not apply to any claims that Contractor's subcontractors have or may have against the Releasees, through Contractor, for project delays (not including Contractor mark-up), but Contractor shall use its best efforts to secure a written waiver from each subcontractor of any and all GEN011J326421-2 DR-AFT I I l 17/03 3:33 PM claims that the subcontractors may have against the Releasees and the waiver and release in Section 3 do apply any rights reserved by Contractor in Change Orders #1 through #27. (6) Contractor shall defend, indemnify, save, and hold harmless the Releasees from any and all claims or 'litigation filed by P P, Inc. or any related entity or person. (6) In consideration for Contractor's assurances and obligations under this Change Order, including without limitation the waiver and release in Sections 3 and 4 and Contractor's promise to substantially complete the entire Contract work by March 30, 2004, County agrees to waive liquidated damages for the period from June 16, 2003 through March 30, 2004. The waiver of liquidated damages applies to delays by Contractor, itself, and does not prevent County from asserting and recovering liquidated or actual damages from and for any delays caused by Contractor's subcontractors. Contractor agrees to cooperate, at no cast to Contractor, with County in asserting and recovering liquidated or actual damages from subcontractors and agrees to assign rights to County to facilitate such recovery. (7) Upon the filing of notarized releases that comply with Civil Code Section 3262 or release bonds that comply with Civil Code Section 3196, County agrees to release to Contractor the funds presently withheld from progress payments#24, 26, and 26, except for the following amounts that County is entitled to continue withholding; (a) [insert amounts for defective work rejected by County, which amount will be released to Contractor upon correction of the defective work to County's satisfaction; and (b) $100,000.00 for County's extra expenses in administering the Contract between June 16, 2003 and March 30, 2004 and County's expenses in defending against any claims or litigation filed by Contractor's subcontractors, which amount County is entitled to keep and use as County sees fit. (6) Should Contractor or its subcontractors perform additional defective work that is rejected by County or County's project manager, County shall be entitled to determine the cost to correct the rejected work and to withhold that amount from progress payments, as authorized in Sections 7 and 8 of the Construction Agreement. (9) Should Contractor fall to substantially complete all Contract work by March 30, 2004, County will use its best efforts to obtain an extension of the March 30, 2004 deadline for County's receipt of$4 million in funding from the State Board of Corrections. Whether the County succeeds in obtaining the extension or not, for every calendar day that Contractor's completion is delayed beyond March 30, 2004, County will have the right to levy liquidated damages of$5,000.00 per calendar day to compensate the County for extra contract administration and other expenses incurred by County as provided in the Contract. If County falls to obtain the extension notwithstanding exercise of its best efforts or if Contractor's delayed completion otherwise results in loss of all or a portion of County's funding, County will have all rights and remedies against Contractor, its bonding company, and subcontractors arising under the Contract to recover the lost funding from those parties except (and only except) as may be expressly limited by this Change Order. (10) The parties acknowledge that this Change Order is a Compromise of disputed claims and that it does not constitute, and shall not be construed as, an admission of liability on the part of either party. (11) This Change Order shall be binding upon and inure to the benefit of the-parties and their respective successors, agents, designees, and assigns. (12) This Change Order is entered into freely and voluntarily and with and upon the advice of counsel. Each of the undersigned warrants that the person signing below is authorized to sign this Change Order on its behalf and to bind it to the terms of this Change Order. (13) This Change Order shall not be construed against the party preparing it but shall be construed as if both parties jointly prepared it and any uncertainty or ambiguity shall not on that ground be construed against either party. (14) Should any provision of this Change Order be held invalid or illegal, such invalidity or illegality shall not invalidate the whole of this Change Order, but rather, this Change Order shall be construed as if it did not contain the invalid or illegal part, and the rights and obligations of the undersigned shall be construed and enforced accordingly. GEN01 1/326421-2 DRAFT 11/17/03 3:33 PM County of Contra Costa (County) Arntz builders (Contractor) By: By: Name: Name: [type or print] i [type or print] Title, ( Title: FCJRI APPROW:iD: I FORM APPROVED: Silvano �. Marchesi, County Counsel Archer & Norris I 1 i e i By: By: I David F. Schmidt Deputy County Counsel �^�^ � �_--�1 � � :* fi �: P: F'. f: r .� �� s. >� �� i ;S 3 :� 1 �' i S 1 �1 .� 1 1 i �`�� .�v !>'Wk ,� ;1 4 i '�SV 1°a x OFFICE OF THE COUNTY COUNSE SILVANo B. MARCHESI COUNTY COUNSEL COUNTY OF CONTRA COSTA Administration Building SHARON L. RNCEasoti 551 Pine Street 911 FEoar C A N'tiartirrez, California 94555-1229 F � GREGORY C.HARVEY (9 5) 335-1800 VALERIE J,RAN--HE (925) 646-1078 (fax) t t � r,<�� sim,.NTs t d�b4 t plover saber 12, 2003 Via Fax(925-9303-6620) and U.S. Mail Rick Norris Archer Norris 2033 forth Main Street, Suite 800 Walnut Creek, CA 04596 Re; Juvenile Hall Addition, Martinez Today, at 11.29 a.m., we recelved your email response, together with the changes you made to Change Order 28. In looking at your proposed changes, I quickly could see that they were inconsistent with the promises given by your client and the Principles of Agreement negotiated or November 3. 1 also could see that your response did not include written, subcontractor approval of Arntz's schedule and that your proposed changes would have a major impact on the value to the County of having Arntz finish the contract work. Right after lunch, 1 telephoned you to let you know that your proposed changes would have a major impact on the deal between Arntz and the County and that, as of the deadline specified in the Principles of Agreement (noon today), we did not have an agreement. The revised change order that you proposed is unacceptable to the County for several reasons, including the following: (1 Your revised language in Sections 3 and 4 fails to provide the broad, comprehensive claim waiver that the County insisted on in the negotiations. As you know, that claim waiver represents the main, if not sole, value to the County of having Arntz continue with the contract work. With your changes, the County would be unreasonably exposed to claims both before and after March 30, 2004, In fact, your changes even eliminate the express waiver of Arntz's purported claims dated May 2002 and February 9, 2003 and the attempted reservation of rights for Change Orders #`' through 27. These changes are unacceptable. (2) Even though Arntz assured the County that they could Complete all project work by January 2004, they now are proposing in Sections 2, 8, and 9 to provide only EXHIBIT Rick Norris Novernber 12, 2003 Page 2 substantial completion by March 39, 2904. This is a big change that would pose a serious great to the County's 4 million funding. This is unacceptable, especially since Arntz is providing no meaningful protection against loss of she County's furring and instead is taring to minimize responsibility for potential fundi Ries Norris November 12, 20D3 Pace 3 Very truly yours, Sli_.OtANO B. MAR HES1 COUNTY COUNSEL By: David F. Schmidt Deputy County Counsel DFS/ cc: Bell, Rosenberg & Hughes Attn: Roger M. Hughes (via fax and U,S. mail) Travelers Casualty & Surety Company of America (Bond No. 193SB1933230g5BCM, File No. 991SCT9203557NR) Attn: Eric R. Mausolf (via fax and U.S. mail) John Sweeten, County Administrator George Roemer, Senior Deputy, Justice Systems Maris T ortorich, URS Construction Services Page 1 of 5 David Schmidt From: "David Schmidt„ <dschm r@cc.cccounty.us> To: "Norris, Richard" <rnorris cY archernorris.com> Cc: "Roemer, George" <aroem@cao.co.contra-costa.ca.us>; "Sweeten, John"<jswee@cao.co.contra- costa.ca.us>; "Anderson, Sharon L." <sande@cc.co.contra-costa.ca.us>, ''I'v3arcnesi, Slivano B." <smarc@cc.co.contra-costa.ca.us>; <marK_'ortorich@urscorp.corn> Seat: Thursday, November 13, 20013 5:18 PM Subject: Re: CCC Juvenile Mall -Arntz Rick: This responds to your email sent at 8:24 a.m. today. During our lengthy negotiations on November 3, the County representatives made it clear that the following three points were of paramount concern to the County: (1) Comprehensive waiver of all Arntz claims on project from beginning to end of project (2) Firm project completion date no later than March 30, 2004 /when County's funding expires) (3) Ironclad protection against potential loss of funding if Arntz falls to complete by March 30, 2004 deadline Arntz seemed to understand the County's needs and assured the County representatives that those requirements would be met. The only exception was subcontractor claims, over which Arntz claimed to have no control. Otherwise, Arntz promised to give the County a full waiver of all Arntz claims, even including contractor markup on subcontractor claims. This is reflected in the Principles of Agreement that we negotiated. 03n November 5, 1 contacted you and told you that our office was preparing the paperwork to finalize the Principles of Agreement and that the County wanted to use our paperwork rather than anything that Arntz might prepare. You did not question the procedure that 1 described. On November 7, 1 was surprised to get a draft settlement agreement from Bill Staples, especially since 1 already had informed you that we were preparing the paperwork and that the County wanted to use our paperwork to finalize the deal. Moreover, as soon as I looked at Bill's draft, I noticed that it did not properly address the County's three key requirements listed above. Linder the circumstances, 1 did not deem it necessary to respond to Bill's unsolicited draft. Instead, I proceeded to complete our paperwork,just as I previously had informed you. Before emalling the County's proposed charge order to you on November 10, 1 alerted you by telephone, and you told me that you probably would look at the language that evening at home. I also mentioned that, while November 11 was a County holiday, I would be checking my phone messages that day for any response from your office. On November 11, 1 checked my messages throughout the day and heard nothing from you or Bill. Given the above background, 1, too,was very disappointed in the specific changes that Arntz chose to make to the County's proposed change order. As explained in my letter yesterday, those changes would undermine or jeopardize the three main County requirements that formed the basis of our November 3 negotiations. I also was surprised and disappointed about your complaint about no County response to B'ill's November 7 draft. As stated above, that draft was � TIVIi Page 2 contrary to the procedure that I notified you of on November 5. Under the circumstances, I do not understand why you or Bill expected a response to his unsolicited draft. As for your time to review and respond to the County's proposed change order, you had one and one-half days, including November 11. Even though I made myself available on November 11 by checking my phone messages throughout the day,we received no response from you until 11:29 a.m. on November 12-31 minutes before the noon deadline. If you have a complaint about not having had substantive discussions with our office, there is no reason that you could not have contacted me on November 11 or November 12 to discuss the changes that Arntz was making to the change order and to get the County's reaction. Instead, we never received any response from your side until.Arntz's changes suddenly arrived by email without any forewarning. In your email, you ask me to let you know where the County is with respect to the documentation of the agreement reached Monday night(November 3). As should be clear from my November 12 letter, Arntz's changes to the County's proposed change order are unacceptable, because they are inconsistent with the three main County requirements described above. Bill's November 7 draft, which was unsolicited and unexpected, suffers the same deficiencies to one degree or another. Since Arntz's changes are unacceptable to the County, and the County's proposed change order evidently is unacceptable to Arntz, no agreement was reached (i.e., the negotiated principles were not finalized). This puts the County back to where we were before the November 3 negotiations, and we have no choice but to schedule a special Board meeting to have the Board consider termination of Arntz's contract rights. The meeting has been scheduled for next Tuesday, November 18, at 9:00 a.m. David F. Schmidt Contra Costa County Counsel's Office (925) 335-1816 dschm cc.cccuno at us Original Message----- From: "Norris, Richard"<rnorris _archernorrls.com> To: "David Schmidt"<dschm .cc.cccount�us> Cc: "Roemer, George" <aroem(")cao.co.contra-costa.ca.us>; "Sweeten, John" <iswee ,y cao.co.contra-costa.ca.us>; "Anderson, Sharon L." <sande rex cc.co.contra-costa.ca.us>; "Marches!, Sllvano B." <smar- cc,co.contra-costa.ca.us>: <mark tortorichAurscorp.com>; "Staples, 'vlllliam"<wstaplesanchernorris.com>; <tom;x7arntzbuilders.com>; "rmh�c brhLaw.com"<'rmh(@.brhlaw.com'>; "krcnbrhlaw.com"<'krc brLlaw.com_>; <AI lanta@_arntzbull ders.com> Sent:Thursday, November 13, 2003 8:24 AM Subject: RG: CCC Juvenile Mall -Arntz > David- > > 1 was disappointed that we did not have substantive discussions regarding the settlement documentation. As you know, we submitted a Settlement Agreement to the County on Friday, November 7. The County has yet to respond to that document. > >Then, on Monday, November 10, at 8:00 PM, the County offered ups its proposed documentation for the settlement reached the preceding week. The County's offices were closed on Tuesday, so we provided our comments o;i the County's docurnent on Wednesday morning. We did not hear back from the County until. after the noon deadline incorporated in the Principles of Agreement. The document that the County offered up late Monday night It/ii �� ^^ ��:::::::::.:... ��....:.. �:�� ^�.:... � �. \ \ �� p \ � \ � \ \ \ \ / � � � � � � \ � . . � { Page 1 of 2 David Schmidt 3 2 From: "David Schmidt"<dschm@cc.cccounty.us> To: "Norris, Richard"<rnorris@archernorris.com> Cc: "Roemer, George" <groem@cao.co.contra-costa.ca.us>; "Sweeten, John"<jswee@cao.co.contra- costa.ca.us>, "Anderson, Sharon L." <sande@cc.co.contra-costa.ca.us>; "Marches€, Silvano B." 9 <smart@cc.co.contra-costa.ca.us>; <mark�tortorichurscorp.com> i Seat: Thursday, November 13, 2003 6:48 PM a Subject: Re: CCC Juvenile Hall -Arntz Rick, The County disagrees with Arntz's position that the Principles of Agreement somehow would prevent the County from terminating Arntz's contract rights. During our negotiations on November 3, all participants understood that, for the deal to work, it had to be consummated in a detailed written agreement (change order) and that the deadline for accomplishing that was noon on November 12. Otherwise, the County representatives made it clear that they would proceed with the proposed termination of Arntz's contract rights, which originally was scheduled for Board action on November 4. 1 There is no evidence that Arntz obtained written approval from all subcontractors of Arntz's schedule showing a March 23, 2004 completion date. That alone failed to comply with one key requirement of the negotiated principles. Since the principles were not finalized in an acceptable written agreement yesterday, that failed to comply with another key repuiremert of the negotiated principles. Under the circumstances, the parties essentially are back where they were before our November 3 negotiations, and the County has the right to terminate Arntz's contract rights if the Board so decides. Indeed, considering Arntz's attempt to undercut or repudiate the County's three main requirements, the County has little choice but to consider that action. I already have notified you that a special Board meeting has been scheduled for next Tuesday, November 18, at 9:00 a.m. 1f Arntz and Travelers disagree with the proposed termination, they may appear to address the Board at that time. If you wish to talk tomorrow, I will be available. As indicated in my email earlier today, ever since emailing the County's proposed change order on November 10, 1 have been available by phone, even on Veterans' Day(November 11). David P. Schmidt Contra Costa County Counsel's Office (925)335-1816 d ghm rc.cccounty.us -----Original Message ---- Prom: "Norris, Richard" <rnorrisarchernorrts,cc�m> To: "David Schmidt"<dsci m -cc.cccounty.us> Cc: "Roemer, George" <oroern cao.co.contra-costa.ca.us>; "Sweeten, John„ <lswee(c)cao.co.contra-costa.ca.us>; "Anderson, Sharon L." <sandeCa)-cc.co.contra-costa.ca.us>; "Marchesi, Silvano B." <smarc w'cc.co.contra-costa.ca.us>; <mark for orich@urscoro.carn>; "Staples, William" <wstapies @archernorris.com>; <tom@arntzbuilders.com>; vv er + + ,� " rmh_a7brh aw.cgM <rmh brhlaw.com>; krc brhlaw.cc�m <krc@brhla4v.com>; <Allan D_arntzbuilders.com> Sent: Thursday, November 13, 2003 4:19 PM Subject: RB: CCC Juvenile Hall -Arntz EXHIBIT -D 11/17/03 E is E' EXHIBIT E P s i i i } 3# b r 3 i i! S i i f� t 2 `t F OFFICE OF THE COUNTY COUNSEL SILVANO B. N/11ARC:HESf COUNTY OF CONTRA COSTA � �< � CoWNY _OUNatL 651 Fine Strut, F( or / ,.° ; � SHARow L. Azo soi\, Martinez, Ca.liforrnia 94553-1229 1* � ��4 CHfE"r Am- STANT f GREGORY C F-,*ARVEY 335-1 BOO (925) 646-1978 (fax) ;:._. t+ l AssisTANTS October 30, 2003 Deborah Palmer Arntz Builders c/o Bell, Rosenberg & Hughes LLP 1300 Clay Street, Suite 1000 C akiand, CA 04612 Attn: roger M. Hughes Re: release of Ste llotioe 1`iled Ba Cities Davin Gradin lnc. Juvenile flail Addition, Martinez On larch 1 ,2003,we seat a letterto your company informing you that Bay Cities had filed a $446,464.12 stop notice against contractfunds due your company on the above project(see enclosed copy). Curletter mentioned several ways in which your company could deal,with the stop notice and even mentioned the specific release farms rewired by law. On October!3,2003,you telephoned our office to ask why we had resected the May 29,2003 release sinned by Bay Cities, I retuned your call that same day and left a voice mail message for you (you did not answer). Although you did not call again,l am following up with this letter to make sere that you understand the reason why the release was resected, The forms required by lawto release stop notices are setforth in Civil Code Section 3262. That section was specifically mentioned in our March 18, 2003 letter. Section 3262 contains language warning that a release is null, void, and unenforceable unless it follows the forms set forth In that section. Because the release signed by Bay Cities did not comply with Section 3262, we rejected ita To obtain release of the stop notice filed by Say Cities, your company must furnish a proper release or release bond that complies with legal requirements. if you Dave paid Bay Cities,you should be able to have then-, sign 'an Unconditional Waiver and release upon Progress Payment or an Unconditional Walver and release upon final Payment(see Civil Code Section 3262(4)(2)or(4)for I ;s), Se sure that the release farm is notarized to verify Bay Cities' signature. As soon as your companyfurnishes a proper, notarized release,we will approve release of the above step notice: Very truly yoursa Silvano B. Marchesi County Counsel 7A, 11 By: David . Schmidt T " "" Deputy County Counsel Deborah Palmer October 30, 2003 Page 2 DFS/ Enclosure cc. John Sweeten, County Administrator Attn. George Koerner, Senior Deputy, Justice Systems URS Construction Services Attn.- Mark Tortorich Kenneth J, Corcoran, County Auditor-Controller Attn: Caro! Ramirez, Accounts Payabie!Contracts Bay Cities having & Grading, Inc. Attn. Sen L. Rodriguez, Jr., President U;HCE or THE COUNTY COUNSEL `' :51PLVAN10 B. €NIARCHMES! OUN o r CONTRA CQS T A AdministrationBu'tIdng 6551 pli7e StIrSet, 9�' �ioo d ,`� _ 0.'. fid SHARCN ( ,AWDER,52N'i Martinez,7 f`^r1I e r1 . T. - c= ,1 5T,%,T V rti ez, Cak �JP �- �� C`r'iEE ASSE 13 11 (9215) 335-1`duo t�-,rEGrJRY C,HA!✓�.,Ey (9 25) j ..9( 7 (fax) U.=.LIE J, PANCHE eY_' E ;r ii' A55!STANTS \d March 18, 2003 Arntz Builders 19 Pamaron ii 'Way Novato, CA 94949 Re. Stop Notice Piled by Say Cities Paving & Gradin q1nc. Juvenile :iia;i Addition, Martinez Enclosed is a copy of the S448,464.12 stop notice filed by the move claimant against contract funds due your company on the above project, To the extent sufficient contract funds are available, the County is withholding $550,533.15 (Le., 125)% of $443,454.12) to cover the stop notice and litigation casts. This withholding is ?made under Section S(c) of your contract and Civil Code Section 3186, and the withheld funds are subject to any superior claire thie County may have. if you agree with the stop notice, you may (a) settle with the claimant and furnish a notarized, unconditional release t-0 CC CS{G (see Civil Code Section 3252(d)(2) and (4) for form); or (b) furnish a notarized, conditional release to the County (see Civil Code Section 3252(d)(1) and (3) for form) and request that the County issue a single payee c-hack to tine claimant or a joint check to the claimant and your firm. If you dispute the stop notice; you may exercise your rights under Civil Code Section 3195 (release bond) or Section 3197 (summary proceedings). In any case, the withheld funds will not be released to your firm until the stop notice has been resolved or has expired.. Very truly yours, SlIvano B. Marches! County Counsel r Aid By: David E. Schr-nidt Deputy County Counsel DES' Enclosure cc: Bay Cities Paving & .gradlnll Inc. John Sweeten, County Adlministratc)r Attn: George Roemer, Senior Deputy. Ju;tics Sys+_mac URS Construction Se:-vf-les, inc. j,+_ t\n�Y�^ T . OFFICE of THE COUNTY COUNSEL �,�`� SILVANG B. MARC ESI COUNTY OF CONTRA COSTA �� '"` � �-wµ(�� COUNTY COUNSEL Administration Building �� d' 5 I ne Str$Pat, 9,`i loon �� __ i�� SHARON 1. IaNCJER5ON q r 1 i CHEEE AssiST.ANT :Vlt�tlt:ine�'tw+4"k�, i; fornlarv"'#5v+.3^16G.+7 P F - r GREGORY C.l-laRvEv (925) 3354600 VALERIE J.RANCHE (925) 646-1078 (fax) 'N Assimiti R s October 31, 2003 Via Fax and U.S. Mail Deborah Palmer Arntz Builders c/o Bell, Rosenberg & Hughes LLP 1333 Clay Street, Suite 1303 Oakland, OA 94612 Attn: roger M. Hughes Re: release of Stoo I' otice Filed by Helix Electric, Inc. juvenile Hall Addition, Martinez Today, you faxed us a copy of a release signed by Helix Electric. This is the same situation as that with the Bay Cities release. As explained in our October 33, 2003 letter (copy enclosed), the release does not comply with the farm required by law (Civil Code Section 3232). To obtain release of the stop notice filed by Helix Electric, your company must furnish a proper release or release bond that complies with legal requirements. If you have paid Helix Electric, you should be able to have them sign an Unconditional Waiver and Release upon progress payment or an Unconditional Waiver and release upon Final Payment (see Civil Code Section 3232(d)(2) or (4) for forms). Be sure that the release is notarized to verify helix Electric's signature As soon as your company furnishes a proper, notarized release, we will approve release of the above stop notice, Very truly yours, SILVANO B. MARCHESI COUNTY COUNSEL By; David F. Schmidt Deputy County Counsel " E Deborah Palmer October 31 , 2003 Page 2 DFS/ Enclosure John Sweeter:, County Administrator Attn: George Roemer: Senior Deputy, Justice Systems UPS Construction Services Attn: Mark Tortorich Kenneth J. Corcoran; County Auditor-Controller Atte: Carel Ramirez, Accounts Payable/Contracts Helix Electric, Inc. Attn: Jim Gravley, Contracts & Credit Manager �� ^^ ��:::,..� ��........ ��.. �� ^: \ \ \ \ \ \ �� f \ � \ � \ . � \ � � \ , \ . \ \ \ \ \ County Administrator 1 ��Gt Beard of Supervisors �+ Jahr:Gioia County Administration Buildinc Costa L �°'District 651 Pine Street, ''th Floor Martinez,California 94553-1229 Cray#e .Ullkst e (925)335-1080 Count 2^°Lis#riot (925)335-1098 FAX Mil€ie Greenberg 3�District John Sweeten _ Mark DsSaulnier County Administrator Y,�� o" ',ti) 411 District Federei 0.Glover 5r District de. r November 10, 2003 K Allen A.-ritz Principal Arntz Builders 19 Pamaron Way Novato, CA 94949 Project: Contra.Costa County Juvenile Hall Addition, Martinez, CA Dear Mr. Arritz In acco dance with Paragraph 26, SUSPENSION OF WCC subparagraph (c) of the Construction Agreement and Division F, Sections 13 and 14, I am ordering an mored ate suspension of all ire sprinkler installations, alterations, repairs, or any related work. in addition I an ordering a suspension to any work that will cover up the fire sprinkler system such as ceiling enclosures. This action is taken for the following reasons: 1. Arritz Builders has not received approval from Contra Costa County for substitution of Walschon Fire Protection, Inc. for Power Fire Protection, Inc. (PFP) 2. The Arntz Fire Sprinkler System Action flan dated October 8, 2003 and approved by the Office of the State Fire Marshal on October 9, 2003 provided a method to address concerns documented by the Fire Sprinkler Correction Notice dated August 5, 2003. 'These procedures only address inspections and investigations of the fire sprinkler system inhere mechanical T's were installed. 3. An Arntz consultant, Mr. Jinn Feld, suspects that the hydraulic calculations prepared by PFP are not sufficient to adequately protect the facility in accordance with the NEPA standards identified by the contract documents. A revision:to these calculations and the system design:requires the approval of the Architect, Contra, Costa County, and the Office of the State Hire Marshal. Additionally, the oriorinal calculations prepared by PFP did not include a California licensed Fire Protection Engineer stamp as required by the contract. 4. According to the Arntz letter dated October 28, 2003 the sprinkler piping installed throughout the Adrmnistration Wing and Mousing Wing does not have adequate seistnic bracing or hangers, and contains ether deficiencies. 5. Arntz is proceeding with repairs and alterations to the sprinkler systern without the consent or approval of the Office of the Mate F,.e Marshal, Contra Costa County, or the -Architect. 6. Arntz is proceeding to install finish work such as gypsum board ceilings and acoustical ceiling panels below springier piping with insufficient seismic bracing or Bangers. 7. The latest schedule prepared by Arntz Builders indicates that repairs to the Administration Wing fire sprinkler system will be complete by November 1 i, 2003. Work may not proceed on the fhre sprinkler system or any related work until Arntz receives written notice of Contra Costa County's approval of a remediation plan. This plan must provide a comprehensive correction plan for the serious deficiencies identified above. Sincerely, 2GeorgeLoemer County Construction Administrator cc: Donald Arntz, Arntz Builders Thomas E. Arntz, Arntz.Builders John Sweeten., County Administrator Steve Bautista, Grief Probation Officer Tames Mueller, Kaplan McLauglil.in Diaz Len Silvey, California State Board of Corrections Dark Tortorich, URS Corporation David F. Schmidt, County Counsel's Office Terry Mann, General Services County Auditor-Controller Eric R. Mausolf Travelers Bond bounty Administrator Contra Board of Supervisors John Gio#s County Administration Buildingj�� ,a,District 651 Pine Street, 11th Floor �„Jrr Martinez,California 94553-1229 Gayle rf Ui±;coma County 'o # k 2"� Istct (925)335-1980 .,f (525)335-1098 FAX Millis Greenberg 31 DistrIct John sweeten rk. IVlsrk DaSsutnler County Administrator �'�%�'" --" , i, 41"Cist,lot a Y ' ;`adore€D.Clover November t2, 2003 ;'1' ,n 511 District y. K Allem Arntz Principal Amtz Builders 19 I?Eu narons Way Novato, CA 94949 Subject: Response to Arrntz Builders letter dated November 11, 2003 Dear]fir. An, This will respond to the seven points of your letter elated November 11, 20;03 and your e-mail dated November 12, 2003. 1. On October 20`h 2003 Centra Costa County directed the removal of the fire sprinkler s=ubcontractor, PFP, Inc. In response,Amitz Builders proposed Walselion Fire Protection as tie replacement subcontractor, In order for the County to approve this substitution the County must follow;provisions of the "Subletting and Subcontracting Fair Practices Act"begi-wring witba Section, 4100 of the Public Contract Code. `Mese provisions rewire proper notification to the original subcontractor of the proposed substitution. This notification was received by PFP,Inc. ori November 4, 2003. 'Therefore,the County could not approve this substitution. before November 13, 2003.The County is now preparing a letter approving Walschon Fire Protections as the substitute subcontractor. 2. No Response Required, 3, To imply that Arntz Builders was completely forthcoming in communications with URS regarding the fire sprh*Jer calculations is a misleadiiig and false characterization of events. An,Az did not infomn rhe County or URS that there was a problem witnn the calculations until: Friday November 7, 2003. This rxotifica,tiona was a parenthetical statement by Brian Protea=u to Mark Gaul during a discussion of the project cor npletiorn schedule. 'When Nj'-r. Gaul was verbally iafbm.-.d of leer. Feld's surreptitious trip to Sacramento on November 10, 2003, Mr, Gaul insisted that the appoirntnlent be cancelled. 4. Nowhere inn tine A--nntz letter dated October 28, 2003 does Anrtz indicate+hat it will proceed with fire sprinkler completion work, repair work, or correction work prior to t1ne County's acceptance of Walschon as a substitute subcontractor. Furthermore,the contract strictly prohibits th-,use of a replacement subcontractor without the written approval of the County. 5. Since October 29, 2003 Walschon.Tire Protections provided sprinkler drops, additional seismde braces and hangers to the system or both the first floor and the second Boor of&e housing wing, The County considers Flus effort to be correction work since nt occva_;ed after A.rntZ called for a State Fire Marshal inspection of the first Boor housing units on October 22, 2003. Y LI10. IT � t E. Fins-sh work has 'indeed proceeded below areas of the fire sprinMer system. Gy-Wu_m board ceilings at the rmezzanine level of the housing units have been taped,textured, and painted since October 20L`, 2003. Furthermore, acoustical ceilings with tarnper proof clips were installed in the second floor administration wing. 7. Arntz claims to be unaware of the reasons why the underground work did not pass tests admdnistered by the Contra Costa County Fire Marshal.However, Arntz has the sole responsibility to demonstrate that-the system provides an acceptable flow rate to the Fire Marshal. Mr. Feld, as a'icensed fire protection consultant to Arntz, should be in the best position to provide Arntz with a rationalization for why this test dial not achieve the results anticipated by the Fire Marshal. Separately,the underground fare line does not have to be approved for flow in order:for Amitz to flush the Administration wilding piping. I believe this responds to each of the issues raised by your correspondence. The County will not remove the Suspension of Work until it has received and approved in writing a comprehensive actions plan to correct the serious deficiencies with the fire spam kler system, Sincerely 4-g -6e.nr County Construction Admini.str%tor. vc: Donald Arntz, Arntz Builders Thomas E. Arntz, Arntz Builders John Sweeten, County Administrator Steve Bautista, Chief Probation Officer James Mueller, Kaplan McLaughlin Diaz Len Silvey, California State Board of Corrections Mark Tortorich, LAS Corporation David F. Schinidt, County Counsel's Office I erry Mann, Genera: Services County Auditor-Controller Eric R. Mausolf, Travelers Bond Termination of Contract Bights of Arritz Builders for Juvenile Nall Addition, Martinez (WH2281=) November 18, 2003 Page 2 BACKGROUNWREASOL4S FOR RECOMMENDATIONS I . Effective March 30, 2001, the Board awarded a construction contract for the Juvenile Hall Addition project, Martinez, to Arntz Builders ("Arntz") for $26,793,676. The contract involved the construction of a new Juvenile Hall facility. The County previously entered into a contract with the State Board of Corrections to receive $22 million in grant funding for the project. The County has received $18 million of the grant funding but has not received the remaining $4 million. Under the state contract, the County's receipt of the remaining $4 million is contingent upon the project being completed and occupied by March 30, 2004. 3. Cinder the construction contract, Arntz was required to complete the work by June 16, 2063. However, Arntz has not performed in a timely manner and has refused or failed to comply with the scheduling and completion requirements of the contract. As a result of Arntz's performance delays, the project presently is 4'l2 months late. Given the considerable work that still remains to be performed, which includes critical electrical and security systems, it is very unlikely that Arntz could complete the contract work by April 2004. This places in jeopardy $4 million of the County's grant funding, which expires March 30, 2004 if the project is not complete and occupied by that date. 4. The work performed by Amtz and certain subcontractors has serious defects and does not comply with the contract documents. The defective work includes a fire sprinkler system in the Administrative Wing that was installed with unauthorized components contrary to approved shop drawings and that has been rejected by the State Fire Marshal because of metal parts and other debris clogging the system. It also includes missing expansion joints, damaged blocks, and other problems in grouted masonry dock walls. A list of the defective, non- complying work is attached to this Board order. 6. The County has notified Arntz of the defective, non-complying work, has rejected the work, and has requested that the work be promptly and properly corrected or removed. Despite the notices and requests, Arntz has failed or refused to correct the defective, non-complying work. In addition, Arntz or its subcontractors have attempted to conceal the work by failing to call for required inspections, enclosing or covering the work over, and performing superficial repairs. Arntz and its subcontractors ,also have threatened to perform other work that would make it more difficult, more expensive, and/or infeasible to correct the defective, non-complying work. 6. In an attempt to force defective and non-complying work on the County, Arntz and its subcontractors have persisted in ignoring the contract requirements, ignoring proper construction practices, and attempting to perform work for which required approvals have not been chanted. If Arntz is permitted to continue the contract work, there is every indication that the remaining work will be done in a rushed, haphazard manner. 7. The defective, non-complying work performed by Arntz and its subcontractors poses a potential threat to the security of the Juvenile Hall and its occupants. Arntz's delays in correcting or replacing the defective, non-complying work and in completing the contract work present a particular problem since, once the facility is occupied, it generally is infeasible to continue performing work in secured areas of the facility. 8, Can September 10, 2003, the County gave a written, ten-day notice to Arntz and its surety pursuant to the contract provisions (copy attached). The notice listed five defaults, including Arntz's repeated failure or refusal to submit an accurate project schedule complying with the contract requirements, demanded that Arntz correct the defaults by September 22, 2003, and warned that failure to timely correct the defaults would lead to termination of Arntz's contract rights. Despite the notice, Arntz failed to correct two defaults--the recovery schedule and the missing monthly schedule narrative—and failed to submit written evidence that the proposed new project superintendent would be a full time, onsite project superintendent (i.e., not involved with any other projects during his assignment to this project). fAT �uMt.E.rdOrdW1z,�.,� Termination of Contract Rights of Arntz Builders for Juvenile Hadi Addition, Martinez(WH228F) November 18, 2003 Rage 3 9. On October 20, 2003, the County gave a second, written, ten-day notice to Arntz and its surety pursuant to the contract provisions (copy attached). The second notice listed several additional defaults, including the defective work and rejected fire sprinkler subcontractor (PPP, Inc.), demanded that Arntz correct the defaults by October 30, 2003, and warned Arntz that Arntz is in material default under the contract and that failure to timely correct the defaults would lead to termination of Arntz's contract rights. Despite the additional notice, Arntz has failed to correct the defective work or even to make meaningful progress in doing so and has failed to provide a realistic updated schedule approved by Arntz's subcontractors. 10. On November 3, 2003, County representatives met extensively with Arntz representatives in an attempt to negotiate an acceptable arrangement by which Arntz could complete the project by the County's funding deadline (March 30, 2004). Despite concerted efforts, no final agreement was reached. In addition, Arntz failed to obtain the written approval of its subcontractors to an updated schedule for completion by March 30, 2004, thereby casting doubt on the feasibility of Arntz's updated schedule. 11. On or about November 7, 2003, the County learned for the first time that the fire sprinkler system in the housing units was installed with a defective hydraulic design that provides inadequate water pressure to the sprinkler beads. As a result, that portion of the system, which provides essential fire protection to juvenile occupants of the facility, will have to be redesigned and reinstalled, probably as a looped system. Arntz's fire sprinkler consultant also has indicated that the only way to assure that the system in the housing units was properly installed is to tear the system apart and put it back together again. Despite these serious problems with the fire sprinkler system, Arntz has persisted in having a new fire sprinkler subcontractor Install bracing and perform other corrective work in a way that will make it more difficult and costly to ultimately correct the serious problems with the system. Arntz directed the new subcontractor to perform the work without first obtaining the County's consent to substitute the new subcontractor, as required by law(Public Contract Cade Section 4107). 12. The serious problems with the fire sprinkler system, first in the Administration Wing and then in the Dousing units, arose unexpectedly without any forewarning to the County. If those problems are not addressed promptly and competently, they will pose a potential danger to the safety of juvenile occupants of the facility and County personnel. Since the fire sprinkler problems generally must be corrected before other major work can proceed, failure to promptly and competently address those problems also will substantially delay further the completion of the remainder of the project, thus jeopardizing the County's funding for the project. Immediate action to proceed with the project is necessary to avoid the potential danger to life, health, and property and the potential loss of funding. The additional delay that would result from rebidding the project would unreasonably jeopardize public safety by allowing the fire sprinkler system to further deteriorate and by placing the entire project at risk. 13. Two large stop notices have been filed on the project—one for $443,464.12 from Bay Cities Paving & Grading and another for $727,133.00 from Helix Electric, Inc. To date, the two stop notices have not been resolved, and the County presently is withholding $1,469,496.40 to cover the stop notices, as required by law. With the amount necessary to cover the stop notices, the cost of correcting or replacing the defective, non-complying work, and the cost of completing the project, the remaining contract funds may not be sufficient. 14. The above-described defaults affect the entire project, jeopardize $4 million of the County's grant funding, and present a potential threat to security of the Juvenile gall facility and its occupants. Given the seriousness of the defaults and Arntz's repeated failure to take timely action to deal with them, it is recommended that the Board declare that Arntz is in material breach and terminate Arntz's rights under the contract. It also is recommended that the Board authorize the County Counsel to pursue appropriate legal action, including the filing and prosecution of lawsuits against Arntz, its bonding company (Travelers Casualty and Surety Company of America), and ether responsible parties. 15. As explained in the accompanying letter from Steven L. Bautista, County Probation Officer, the existing Juvenile Nall facility is obsolete and subject to overcrowding, and it is essential that the new facility be completed and occupied as soon as possible. If the County does not receive 1.AT*Mg Oedw f1-t$�3.xty# Termination of Contract Rights of Arntz Builders for Juvenile Hall Addition, Martinez(WH228F) November 18, 2€ 03 Rage 4 the remaining grant funding, which is contingent on the new facility being completed and occupied by March 30, 2004, completion of the new facility may not be possible. To deal with this imminent threat to public safety and welfare, and to avoid possible loss of the County's 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. CONSEQUENCES OF NEGATIVE ACTION The project would continue in its present incomplete, defective state, with no assurance that the project would be completed in a proper, timely manner. It is likely that the County's grant funding would be severely jeopardized. Attachments: Non-compliance Log (November 14, 2003) September 10, 2003 letter George Roemer to Arntz Builders) October 20, 2003 letter(George Roemer to Armtz Builders) November 1 , 2003 letter(Steven L. Bautista to John Sweeten) Termination of contract rights of Arntz Builders for the Juvenile Hall Addition,Martinez November 18, 2003 ADDENDUM The Board considered the recommendations From the County Administrator regarding termination of contract rights of Arntz Builders for the Juvenile Hall Addition, Martinez. Following the staff presentation,the following persons presented testimony: Michael Schoenfeld, Lawson Mechanical Contractors, 1000 G Street 3rd Floor, Sacramento, James Feld, 2791 F North"Texas Street, Fairfield; Torg Arntz,Arntz Builders, 19 Pamaron Way,Novato; Rick Dorris, Arntz Builders,2053 N. Main Street, Walnut Creek; Roger Hughes,Arntz Builders, 1300 Clay Street, Oakland. Following further discussion,the Board took the following actions: DECLARED that Arntz Builders is in material breach and default of its contract for the Juvenile Hall Addition project, TERMINATED and CANCELLED Arntz's rights under the contract on these grounds; FOUND and DECLARED 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; DELEGATED 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 re-soliciting for competitive bids; AUTHORIZED the County Counsel to pursue appropriate legal remedies, including the filing of lawsuits, against Arntz, Travelers Casualty and Surety Company of America, and any other parties responsible for the damages and expenses incurred by the County, and Additionally,the Board FOUND: (1)that the County's ability to open and operate the.new Juvenile Hall facility and to receive the necessary federal funding would be substantially impaired if rebidding for the project is required; and(2)under the circumstances,rebidding would not produce an advantage,would be undesirable and impractical, and would unreasonably jeopardize the federal funding necessary to complete the project. (AYES: 1, 111, IV, V NOES: None ABSENT: 11 ABSTAIN: None ) Probation De artment ContraCounty Probation Officer Steven L.Bautista Administrative Offices 50 Douglas Drive Suite 201 Costa Martinez,California 94553-3500 County (925)313-4180 (925)313-4191 FAX November 13, 2003 Mr. John Sweeten County Administrator 65 1.. Pine Street, 11`x'Floor Martinez,CA 94553 Dear Mr. Sweeten: It is with great concern and a sense of urgency that I send this letter regarding the current construction of the new 240 bed juvenile ball. Given the ongoing struggles the County has had with the Arntz Builders general contractor, in conjunction with the recent chain of events,1 believe it is necessary to submit this request for action in hopes of minimizing any further delays in the construction of the new juvenile detention facility. Currently the facility being used to securely detain Contra Costa miners charged with serious law violations was designed and constructed in the early 1950's and,for the most part, Doused a much lower level of offender than the detained youth of today. Although the facility in its time was adequate,it has long outlived its functionality and sloes not lend itself to the demands and needs of today's housed youth. Its current condition and capacity are such that Contra Costa was ranked number one among large counties in need of replacement facilities by the.FSC(Executive Steering Committee)of the Board of Corrections and thus resulted in a 23 million dollar grant to replace the facility. This grant was conditioned upon many requirements being met through construction timelines and meeting compliance to Title 24 regulations, in addition to all federal, state and local construction codes. The original projected completion date and the date accepted by the BOC was June of 2003. In September of 2002 the County of Contra Costa petitioned the BOC for an extension of the completion date to March 31, 2004 and was granted that extension under certain conditions. It now appears that this completion date may be in jeopardy. As the Board of Supervisors considers all the factors surrounding this matter, I would like to offer the following items from an operational perspective. These are not offered in any particular sequence of occurrence or importance. -2- 1. Currently the facility we are housing minors in lacks the level of security in design to detain today's serious offender. As an example, within the past week a minor became upset and drove his arm through a wire reinforced window on his living unit, seriously cutting himself and bleeding profusely. This minor not only injured himself, but also exposed institutional staff to human blood. The minor was transported to the hospital for treatment that required additional staff to supervise him while outside of the secure facility. Because of the modem design and the difference in glazing, this incident would not have occurred in the new facility. 2. Approximately two years ago two minors were able to escape from our secure older male unit. While out, one minor murdered a person and assaulted another. This escape occurred because the minors were able to cut through a screen in the room giving them access to the outside. Because of design, this escape could not have occurred in the new facility. 3. The design of the existing juvenile hall is obsolete and does not lend itself to staffing efficiencies. Because of blind spots, minor supervision is difficult which results in staff and ward elevated stress levels. Oftentimes incidents occur that could have been prevented if detected earlier,however, an obsolete living unit layout prevents some early preventative measures. 4. Currently all Juvenile Court services are being provided off site. Until the new Juvenile Hall is complete, the courtroom will not be able to be remodeled and we will continue to realize costs for transporting minors, as well as exposing both the public and the minors being transported to risk every time they are released and removed from the facility for Court appearances. It is estimated that increased transportation costs alone will exceed $350,000 annually. 5. The fire suppression system in the old juvenile facility has sprinkler heads in the detention rooms that can be pulled by the minors. When a minor pulls these sprinklers,it floods the room in the unit. It calls the fire department and General Services must respond to fix the damaged sprinkler head. Modem design sprinkler systems such as those called for in the new facility are flush mounted and do not lend themselves to costly vandalism. Each time a sprinkler is pulled it soaks the carpet with stale, foul, stagnant water which results in significant overtime costs both for institutional staff as well as General Services staff. 6. The current facility does not lend itself to efficient classification of minors. Because of the limited number of units, minors cannot always be housed in a unit that best meets the needs of the minor nor the safety of the staff. Often minors cannot be separated from rival gang members,cannot be segregated based on age, gender, special needs,or criminal sophistication. The new facility is designed to meet all those needs. -3- The above are but a few of the serious items that have been considered in preparing this request. As it appears that the Board of Supervisors may consider terminating the general contractor for various reasons, I am requesting that consideration be given:by the Board to declaring an emergency situation and waive the rebidding of the project so that the County may move forward expeditiously to complete this facility. Of major importance, apart from the above issues, is the rapidly approaching completion deadline of March 31, 2004 by which time this project is to be completed. Thank you for your consideration and attention to this item of major importance to our County. Sincerely, A�zt Steven L. Bautista County Probation Officer SLB:ds cc: Members,Board of Supervisors George Roemer Mark Tortorich ssrjuOm .doc 4 r: : - oCn' Administrator Board o u risorda�on} .a John G#ole County Administration Building Costa In District is 651 Pine Street, 11 FiDor Martinez, a#ifo-nia 94553-1229 Gayle rtti#kema X925)335-1080 County 2 L'istict ;825)335-1098 FAX Bit#n#e Greenberg 311 District John Sweeten •� Mark DeSeuln#er County Administrator 4n District,i, ,.-' 2 r Federal 0.Glover 51,District September 10,2003 �r K. Allan Arntz, Principal Arntz Builders �! 19 Pamaron Way Novato, CA 94949 SEP 1 1 2003 COUNTY COUNSEL Project: Contra Costa Juvenile Hall Addition, Martinez, CA MARTINEZ, CALIF. Dear Mr. Arntz: On August 12, 2003, you submitted a progress payment request for$822,967.72 for the above project. Pursuant to Section 8 of the Construction Agreement, the County is withholding payment for the following reasons: (1) Arntz Builders has tried to bring in a project superintendent with inadequate experience who has not been accepted by the County. Even though the project superintendent is performing incompetently, and even though the County has objected to him and has requested his immediate removal, your firm has failed to replace him with a qualified replacement. You also have not responded to the August 8, 2003 letter from URS requesting replacement of the project superintendent. ;See {general Conditions, Section 11 B, C, and J; Technical Specifications, 01010-3 and 4.) (2) Arntz Builders has not responded satisfactorily to the State Fire Marshal request for a remediation plan for the failed fire sprinkler installation in Sections A, B, and C of the Administration Building. (See General Conditions, Sections 2B and 14.) (3) Arntz Builders has not provided a detailed monthly report for the latest progress schedule, which estimates completion by December 26, 2003. This schedule shows a 57-calendar day delay from the last schedule (data date May 31, 2003). (See Technical Specifications, 01100-5, 8 and 9.) Additionally, Arntz Builders has not prepared a revised schedule with a workable plan to recover the lost time. (4) Arntz Builders has failed to consistently submit a written three-week schedule at the weekly progress meeting for the past six meetings. (5) Arntz Builders consistently and deliberately has mischaracterized activities, conversations, and progress in the daily reports. (6) Without justification, Arntz Builders has exceeded the contract completion state (June 16, 2003). According to the latest schedule, completion is estimated on December 26, 2003- 193 days late. Under the contract, the County is entitled to withhold $960,000 for liquidated damages (193 stays x $5,000/day= $955;000). JV- September September 10, 2003 Page 2 The present situation is intolerable and requires your immediate attention, Pursuant to Section 11 of the Construction Agreement and Sections 2, 11, and 14 of the General Conditions, as well as the contract provisions listed above, you are hereby notified that, within 10 days of this letter, (i.e., on or before September 22, 2003), you must do the fallowing: (1) Replace the present project superintendent with a qualified person acceptable to the County; (2) Provide an acceptable remediation plan for the defective fire sprinklers; (3) Provide; a detailed monthly report for the latest project schedule, (4) Provide a revised schedule to recover unexcused delays; and (5) Submit the missing three-week schedules. If you fail to do these things by that deadline, the County will proceed, without further notice, to terminate your contract, to have the remaining work done, and to deduct the cost from the contract balance. Given the seriousness of the present situation, we are notifying your bonding company of the above-described deficiencies. Should you or your bonding company fail to take appropriate action by September 22, 2003, the County's expenses, including liquidated damages, could exceed the unpaid contract funds. If so, the County will hold you and your bonding company responsible for all expenses and damages incurred by the County. We urge you and your bonding company to take advantage of this final opportunity. Failure to do so will result in more damages to the County and potential legal action. Sincerely, GeorgeW02r Senior Deputy County Administrator Cc: Donald Arntz, Arntz Builders Thomas Arntz, Amtz Builders Mark Tortorich, URS Corporation David Schmidt, County Counsel Terry Mann, General Services Travelers Casualty and Surety Company of America County Auditor-Controller County. Administrator contra uosta CountyJoHN GioiA County Administration Building -{y T l�s`s#rict 651 Pine Street, 11"Floor Martinet, California 94553-4068 ;'- � °. GAYLE B.UMKKNIA V-925-335-1080 `> 2"'District F-925-335-1098 j �. a i� N11111E GREF-"ERG Y Yd Distrid John Sweeten � County AdministratorAARK DESAT7L1VM 0 District FEDmtAL D.+GLovrtt Via Fax and Certified Mail, Return.Receipt Requested October 213, 2003 K Alien Arntz Principal Arntz Builders 19 Pamaron Way COUNTY COUNSEL Novato, CA 94949 MARTINEZ, CALIF. Project:Contra Costa County Juvenile Hall Addition, Martinez, CA Dear Mr. A--ntz On September 103, 2003, I sent you a letter demanding certain actions by your&m within ten clays to correct serious deficiencies in the County's Juvenile Halt project resulting from your firm's inadequate performance. The correspondence and supplemental materials received from you in response to that September 10 letter are unsatisfactory. They merely rationalize the substantial delays and poor workmanship attributable to your firm's management and supervision at the construction site. Since September 10th, circumstances have worsened: A_ As you knew,Power Fire Protection Inc. (PFP) previously installed mechanical tees (victraslic tees)in the Administration Wing instead of the threaded connections identified by the Technical Specifications(Section 15300, Fire Protection, 2.2 Above Ground Pipe and Fittings) and the shop drawings approved by the State Fire Marshal. During an inspection on August 6, 2003, the State Fire Marshal discovered a metal "coupon" in the system.Debris of this nature in the sprinkler pipes could have caused a catastrophic failure of the fire protection system. As a result of this discovery, and upon demand of the County for a remediation plan, your firm contracted for a video camera inspection of the Administration Wing on October 8 and 9, 20013. Five additional coupons were found. The discovery of these additional coupons confirms the correctness of our prior rejection of the fire sprinkler system in the first floor of the Administration Wing and provides a compelling additional justification for that rejection. We believe the work done on the sprinkler system in the Administration Wing demonstrates gross negligence by your subcontractor. We are therefore concerned that other sprinkler system deficiencies will be found in the Housing Wing or other areas of the facciliity, -is r'. A. Furthermore, we have recently discovered that PFP failed to provide the California licensed Fire Protection Engineer stamp on the hydraulic calculations per the Technical Specifications (Section 15300, Fire Protection, 1.4, Submittals, E). D. 4n October 10, 2003 the 8" underground fire line failed to pass inspection by the Contra Costa County Fire Marshal at two points of connection. The first failure was at "grid line 45." The second failure was at the Sallyport. We suspect that debris in the underground work installed by your firm has restricted the water Mow, therefore reducing pressure at the connections. C. The County dispatched a plumber on September 26 and 27, 2003 in response to a blocked sewer in the new Juvenile Hall courtyard. Your firm declined responsibility for the sewer blockage even though evidence; indicated that it was a construction-related defect. As it turned out, the blockage included pieces of concrete and clay pipe coming from remedial work undertaken by your firm. D. By letter dated. October 13, 2003, your firm notified the Construction Manager that you planned to start waterproofing the exterior concrete masonry at ".Z line" before correcting damaged and rejected masonry. This effort is inconsistent with the specification requirements and assurances from your firm's principals that the masonry deficiencies would be promptly corrected. These incidents are the direct result of incompetent project management and site supervision. The recovery schedule proposed by your firm (data date of September 19, 2003 j contains a substantial completion date of December 1, 2003 and demonstrates your firm's inability or unwillingness to forecast the remaining work and the time required to complete it. As the Construction Manager has painted out on numerous occasions, the schedule is an unpractical plan for completion of the work. It noes not contain sufficient activities or appropriate durations_ Furthermore, it does not identify the significant remedial work required to complete the fire sprinkler system, masonry was, site work, and other rejected work found on the Notice-to- Comply log. Arntz Response to County's September 10 Letter(10-Day Natio) Specifically, your firm's responses to my September 10 letter had the following deficiencies: 1. Recovery Schedule. URS received the recovery schedule indicating your firm's intent to substantially complete all contract work by December 1, 2003 and complete the project in its entirety by December 15, 2003. However, the schedule has serious deficiencies and does not comply with the contract requirements (see Technical Specifications, Section 01100). These deficiencies include without limitation: a. The schedule does not identify the extensive incomplete weak, defective work requiring replacement or repair, or the time necessary to complete the work. b. The schedule does not include a complete cost/resource loaded construction progress schedule, as required by Section 01100, 1.03D. 2 J e5- c. The schedule does not include the schedule certifications required by Section 01100, 1.03E. d. The schedule does not include the contractor and subcontractor letterheads, information and certifications required by Section 01100, 1.040, D, and E. e. The schedule does not include documentation of distribution to and review and acceptance by the subcontractors, as required by Section 01100, 1.040. £ The schedule shows a completion date extending beyond the contract completion date in violation of Section 01100, 3.01D. g- The schedule noes not include the detailed information and reports required by Section 01100, 3.030 and D. h. Contrary to the statements or implications in your letter, neither URS nor the County has waived any of the schedule updating requirements. Given the numerous deficiencies in the schedule, it is unacceptable under Section 01100, 3.01.. Therefore, the County and URS disapprove and reject the schedule. Nevertheless, we acknowledge your fin's representation that the project work will be substantially complete by December 1, 2003. 2. MontHy Progress Schedule: Contrary to the assertion in your September 17, 2003, letter, the County and URS did not waive the requirement for written monthly schedule narratives. On September 22, 2003, URS finally received the written narratives for the June/July 2003 schedule,.which should have been submitted much earlier. However, because of internal inconsistencies, those narratives are inadequate. The narratives must be revised to correct or clarify the following points: a. Activit 68: Your fns alleges impacts to the high roof areas la and G as the principal cause for a 56-day delay between the May 2003 schedule and the June/July update. The narrative indicates that previous versions of the schedule included an erroneous start date of June 10, 2003. Your narrative states that the actual start date for this activity was July 21, 2003. This statement is erroneous. According to the bar chart schedule,the actual start date for G3068 was July 9, 2003, not July 21, 2003. The actual finish date for this activity on.the June/July update was July 21, 2003. The original duration listed for G3068 was 3 days, but the actual duration was 12 days. The narrative did not provide an explanation for the extended duration. In addition to these errors in the narrative, the County categorically rejects your jun.'s rationalization for the delay. In a separate letter, LIR.S has provided a rebuttal to the high roof steel issues. b. The first paragraph in the narrative for September 19, 2003 states that Substantial Completion for the project(assumed Phase 3) is December 15, 2003 while the bar chart and the third paragraph of the narrative indicate a December 1, 2003 Substantial Completion. The County assumes from this that your firm is commnittiing all necessary resources and labor to complete all three phases of the project by December 1, 2003. 3 c. Your firm added, deleted, or changed project activities on the critical path without providing proper explanation in the narratives. For example, between the May 2003 schedule and the June/July 2003 update, your firm changed the Site Work Paving activity from number 2625 to 2795. By doing this, the early finish date slipped 81 days from:July 3l, 2003 to October 23, 2003. 3 Iieplacemert of Project uperirttendent: Initially, when the County requested replacement of the project superintendent, your firm took no action. As a result, contrary to the contract documents, work went on for several months without a qualified project superintendent approved by the County. Finally, after the September 10 demand from the County, your firm offered Brian Proteau as a replacement for Doug Clymer. LRS interviewed Mi. Proteau, contacted his references, and found that he has the technical skills and qualifications necessary for a construction superintendent. However, Mr. Proteau' s resume does not include experience finishing a juvenile detention Facility licensed by the State Board of Corrections. This experience gap may hinder your firm's effort to complete the facility for its intended use. Additionally, since Mr. Proteau has been involved with many projects, including some that still may be underway, there is a concern whether .mi r. Proteau would be a full time, onsite project superintendent, as required by the contract documents (see Technical Specifications, Section 01010, 3.03). Subject to these reservations, the County will accept Mr. Proteau as project superintendent so long as your firm confirms in writing that Mr. Proteau will be a full time, onsite project superintendent and that he will not be involved with any other projects during his assignment to this project, The approval will not be effective until the County receives written confirmation. 4. Fire Sprinkler Deficiencies: Shortly after the fire sprinkler system was rejected by the State Fire Marshal on August 6, 2003, your firm assured the County that you would propose three to five qualified consultants to prepare a remediation plan for the sprinkler deficiencies. However, you ended up proposing one consultant of questionable credentials fi-om the same area in Southern California as the sprinkler subcontractor(PFP)whose work was determined to be defective and suspicious. Only when the County rejected that consultant did your firm come sap with another consultant (Jim Feld) who was well-qualified and unbiased. As with the inaction in replacing the project superintendent, your firm's inaction in properly addressing the fire sprinkler system rejection resulted in substantial delay to the project. Although the County has accepted the remediation plan prepared by Mr. Feld, serious problems remain with the system and the remediation work. As;mentioned above, the spier system in the first floor of the Administration'tying has been rejected. 5. Time Extension and Overtime: The statements made in your September 17, 2003 letter regarding your fi tn's right to a time extension are false. As URS and I have documented on numerous occasions, your firm has not submitted a request for time extension on any proposed change order. In fact, your firm's principals.have expressly stated that they will not comply with contract provisions regarding the negotiation of time extensions. These provisions include the preparation of a cost and manpower loaded baseline schedule, subcontractor approvals of the baseline schedule, proper notification and analysis of critical path impacts, and fragnet schedules to support proposed time extensions. Moreover, your frim has not submitted delay claims that comply with the contract documents. The purported claims that you previously submitted were uncertified and lacked the required supporting documentation (see Supplermentasy General Conditions, Section 33). Your purported claims were rejected and denied on that basis. 4 Although your firm has expended overtime on the project, our jobsite observations indicate that the overtime work was to overcame insufficient activity durations from the"baseline" schedule, correct nonconforming warp, or clean up the project site. Contrary to the statement or implication in your letter, the overtime work does not constitute acceleration to compensate for"owner caused" delays. In summary, your firm still is in default for two of the items listed in my September lJ letter— the recovery schedule and the monthly schedule narrative. In addition., the replacement of the project superintendent will not be corrected until your firm submits the written confirmation described above. Although the County has approved the fire sprinkler remediation plan, the system in the first ff`oor of the Administration Wing has been rejected, and the remediation work is in serious trouble. Defected and Rejected Work; Discharge of PFP When Larry Mise left the project as project superintendent, there already was a backlog of rejected; defective work that your firm needed to correct. While serving as project superintendent, Mr. Wise had committed to correct the defective work and was paying some attention to that task. However, once Mr. Clymer was assigned as project superintendent (without the County's approval), the amount of defective work suddenly increased and the backlog ballooned. At present, the project has a long list of rejected, defective work that your firm. needs to replace or repair (see enclosed list). Of all the defective work, the most serious is the fire sprinkler system. Unfortunately, the fire sprinkler subcontractor (PFP) installed mechanical tees (victraulic tees) in part of the systema without the County's knowledge or consent and contrary to the approved shop drawings. In making that unauthorized change, PFI' also failed to properly handle the metal pieces(coupons) drilled Bram the pipes, left couponsand:other debris in the system, evaded inspection of the work, and even allowed areas around the sprinkler system to be enclosed without inspection or correction.. These deficiencies led to the State Fire Marshal's rejection sof the system. Correction of the problems with the fire sprinkler system already has caused major delays to the project's critical path. Last week, during implementation of the remediation plan, which is being supervised by Mr. Feld, five additional coupons were discovered in the fire sprinkler system, thus raising suspicions about fraudulent or illegal installation work by PFP and calling the entire system into question. Under these circumstances, correction of the fire sprinkler problems likely will continuer to cause major delays to the project completion. Considering the State Fire Marshal's rejection of the fire sprinkler system and the discovery of coupons and other debris in the system, it is apparent that PFP's work is incompetent and may be fraudulent or illegal. The County and URS, therefore, demand that PFP be discharged immediately and not be allowed to perform any further work on the project('see General Conditions, ,Section 11.1). In addition, no repair work may be performed on the fire sprinkler system until a written plan has been submitted to and approved by the County. Since the systema in the first floor of the Administration Wing has been rejected., it may be necessary for 5 your firm to remove the defective system and re-execute the work(see general Conditions, Section 14A), and the County reserves all rights to that remedy. Further 1O-Day.Notice (C'Onstrucfion Agreement, Section 27) Between the scheduling defaults, the late completion date, and the defaults in correcting rejected, defective work, the current situation is intolerable. Although your firm is representing that the Project work will be substantially complete as of December 1, 2003, there is a huge volume of remaining work, including extensive electrical control and security work as well as the backlog of defective work that needs to be replaced or repaired. Completion of that work obviously will take much more than one and one-half months. In fact, it now seems doubtful that your firm- realistically could finish the work even by March 30, 2004, which is the County's funding deadline. If the facility is not completed and approved for occupancy by that date, the County risks losing$4 million in federal funding that expires on that date. To effectively deal with the many defaults described above, the County has no choice but to give your firm a further ten-day notice under Section 27 of the Construction Agreement. Within ten calendar days of this letter(i.e., by October 30, 2003),your firm must do all of the following: 1.. Correct (i.e., replace or repair) all of the defective work on the enclosed list. If any items cannot be corrected within that time, no later than October 30, 2003, your firm must submit a written plan acceptable to the County and promptly commence and complete the corrective work according to the approved plan. 2. Submit an acceptable progress schedule that complies with all requirements of the contract documents (see Technical Specifications, Section 01100), including without limitation the required certifications, letterheads, and computerized backup. 3. Make the remaining portions of the fire sprinkler system available for sampling and testing by the County or its representatives to verify that those portions do not have deficiencies similar to those discovered in the portion on the first floor of the Administration Wing. 4.. Provide a full time, on site Quality Control Representative as required by Technical Specifications, Section 01404, 3.02. Brian Proteau and Doug Clymer are not acceptable as the Quality Control Representative since they have proven themselves incapable of properly controlling the quality of installed work. 5. Obtain the County's approval a replacement of the subcontractor for PFP. As mentioned above, no further work on the fire sprinkler system may be done by PFP, and no repair work may be done until the County has approved the replacement subcontractor and their written correction plan. 6 Given the scheduling defaults, late completion date, defective work, and huge remaining work described alcove, the County believes that your firm is in material default under the contract and that your frm cannot reasonably complete the project work by the December 1, 2003 completion date listed in the latest progress schedule. If the above defaults are not properly cured by October 30, 2043, County staff intends to recommend that the Board of Supervisors terminate your firm, 's contract rights for cause. This matter may be placed on the Board's agenda as early as November 4, 2003. Additionally, Contra Costa County will continue withholding progress payments to account for ongoing liquidated damages, the value of installed work that not is in compliance with the contract documents, and the value of stop payment notices filed by subcontractors and suppliers. Sincerely, George R mer County Construction Administrator CC' Donald Arntz, Arrau Builders "Phomas E.Amtz,Armz Builders Travelers Casually& Surety Compamy of America,Attu:Eric R Mausolf(via fax&:certified mail,rets receipt requested) (Bond No. 103 SB 103323005BCM File No. 091 SCT0203557NR) John Sweeten, County Administrator Sieve Bautista, ClasefProbation Officer Contra Costa.County Board of Supervisors Mark Tortorich,LLS Corporation James Mueller,Kaplan McLaughlin Diaz David F. Schmidt, County Counse 's Office Ferry Mann,General Services County Auditor-Controller Leis Silvey,California State Board of Corrections e: ' w t ffi m i m an yr ar u1 sr w n to yr us us vs n c, I }, N f�V Cif c�1 tai L'7 + t,S b �3 m «� i 10 } E# E E EE I E E E� E 1 ' LL N � � �. us EI � ( u , 6 O 0 0 C. 3 8 di4 x�[3 �cc �I co I i } ID r I CD • ��i � ��f CJ U � + Com? �� C�3� $�T �� b'D�� t3+ �I �!� Com!}+ 1 yy�� 4 U t�Q� Ui j ° m +u CD oo ' 0 0 �I ��CL in 0 in 0cs� �r. f Lk" ? (�} ! � E> j lLL ssa E i ai y' I✓J ? ¢t j Cry '• t6 ;' 0 �5 �2;1 .L1 .5.2 � ffi N i :3� i+5 -1— ! .`�%� +�• t0 to tra ' v3 �r I }0 en'- € ZIaira m :� rn 0.0 i �: +o y ccs } '� : i LS 0 , c c d cr i` 8�= Ws R c c7 to c a{Is �c �— 5c c>i u zn 0 i�u..I S zi is Lb in iz F cv i N cv c* m en c+s c�i r*a m s t rpp u> az� Ln i to ca 0) ' �� C1�C1�fJ�G7 �b 1CIA t9C7�0 Cy �CitO C7�CSE fJI CSC}; C1 }C7 �� O o o 4 3 CC4 0 3 7 J Cofo 0 0 CLC CIO � N N �N� � C', 010 0 N J N I N }N C3 6 Cif C Q C. 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CS; � C CV it N N C3 N(N N N N CV tV{ Ci IEI C, c�a N �V � cat �e-�•-� .- ! .- i <- �c"+3 int j�` M x`�i c`Ji c i cwt r�!t`�t{� 2V 1 3 � �e .0.4 M3 „k J i 3 X'. z � 4, 3 K y L l� s A tr siuvsikrvuI 1J, JJ tt.UEsMVit tJttuIHU&JOIOU vvttuuurfill IV JUJt1JJ1 UUDJUUJ =EJT'elamon Enowneering Consultams, Inc. 445 Grant Amwe.WO 600,Son Fmcism,CA 94408 TeW$-837-1336 Fbx41641374364 21 i TaM StrosL SUlW 230,Oakland,CA 94607 `ret 510.893.1668 Fax 51"034989_ February 08, 21102 Mr.Paul Darmofal KMD 22.2 Vallejo Street Sart Francisco, CA 94111 Fax 418.399.4741 Ike. meld Observatiori Report Paul, The following are field observations noted on site visit dated 1/31102; Asphalt Concrete Surface Defects....Contra Costs County Juvenile Hall Defects In the surface of the asphalt concrete pavement were found locally(generally at the staff parking area and jolnt at new pgdr fna lot to existing drivewavl. It appears that the AC was not installed correctly,as spelled aggregate pieces were found with pockets lett in the pavement In their place. It Is passible that the AC was not Installed with ambient temperatures per the Standard Specifications. It has been unusually cold lately,and AC must be installed at temperatures recommended per the Standard Speciflcations. Per the Standard Specifications,Section 39-6,"the completed surfacing shall be thoroughly compacted, smooth and free from ruts, humps,depressions or Irregularities. Any ridges, l Indentations or other objectionable marks left In the surfaces of the asphalt concrete by blading or other€quiprment shall be eliminated by rolling or other means. The use of any equipment that leaves ridges,Indentations or other objectionable marks In the asphalt concrete shall be discontinued,and acceptable equipment shall be fumished by the contractor" The surface defects are not acceptable and must be corrected. The Engineer shall re- examine the pavement after corrective measures have been Implemented. • The new W firewater back flow prevention devices Installation seemed high. Please refer to attached drawing to confirm height dimensions. • Pipes at the existing domestic water bank flow prevention device olid not have appropriate coverage(approx. 129 coverage from top-of-pipe to top-of-ground),and there are no signs of restraining devices at joints and fittings.Conmie cap all piping where coverage Is less than 24"and Install appropriate thrust blocks and restraining device at joints and fittings. • The sanitary sewer pump station manhole Is Installed higher than adjacent pavement,reset cover to match adjacent grads, • Driveway at Glacier Street(public parking)does not comply with AICA requirement The Oft+ wide travel way Is exceeding the maximum 2%cross slope (froth ramp to ramp crossing the driveway). Refer to latest City Standard plans for detail, • Install fodder rungs at the sanitary sewer and storm water pump pits per latest code requirements.Contractor shall provide submittal for engineer's review. i Please contact mer if you have any questions. r regards, Andrew tree • x» mvv DF xV . /V auuFaH1v FF ut+M:1FU9,I1k t tFa VV11VVU f!i1/L' (1 R11j jtr°ell f°l lr VEjjI UVd rF INSTALLATION INSTRUCTIONS C s / f MODELS 80SY/806D DA I . The Double Check Valve Assembly must be After Installation,fill device and blood air from Installed where it is accessible for periodic unit.Test to Insure proper operation. If either testing and maintenance. check falls to hold 1.0 PSI,It is most likely due to fouling. The cap must be removed and the 2. PRIOR TO INSTALLING IN LINE,FLUSH SUP- seat and/or seat disc cleaned. PLY LINE OF. ALL FOREIGN MATERIAL. NOTE Ali devices are factory tasted for proper operation. Failure to flush the lines completely may Any damage or Improper operation caused by pipe Into cause the checks to`become fouled and re- debris or Improper Installation to not Included In the le quire disassembly and cleaning, product warranty. clai nn,00 NOT REMOVmalfunction, ci�CS'FROM UNIL Contact your local Fahao Representative orFabec Salos t The device may be Installed In a vertical or dlreat at(209)282.0701. horizontal position. However, horizontal Is recommended as the most desirable for larger 6, The device must be protected from freezing. sizes for ease of testing and maintenance. Thermal water expansion and/or water ham- Consult local codes for possible restrictions mer downstream of the backflow preventer on positioning. can cause excessive pressure Increases. Excessive pressure situations should be 4. When threading the device In line, place eliminated to avoid possible damage to the wrench only on gate valve hex ends.Keep pipe system and device. dope off Interior surfaces of valve, On 2-112" and larger devices,00 NOT LIFT.THE DEVICE WITH GATE VALVE HANDWHEIwLS OR STEMS. ALSO DO NOT SUPPORT DEVICE FROM ONLY ONE#rNt?. It MA �� "�� -ro jkU A 1V mou , Typical Instal t' ISS Outside Installation(Side View) Outside Installation {Side View) B05Y(sizes 3!4"through V) 806DCD!A and 805Y'(s1ze3 Zwl r2t and Larger) IMF a D+ Ir am Clearance ested Clearance Suggested 30t Max Clearance Sunnested 30'Max.Clearance Suggesiod c9rda 4rado Fit Installatlon( OP View) Pit lnstwaf on l(Top View) 805Y(site$ate through 21 806DCDA and 805Y(SIZ68 2-10 and Larger) 12`On.Cleamnoo Sumosted 'I2"Mkt,Clowance Sumealed ,. J 2rMin.Clearance Suggested 00 Min.Clearanoe Suggested 2 Sent 9p: XMO SF CA-Deist; 4153994819; Aug-�q-02 4;17"M; Page 212 .n K A P L A N i• M c L A U G H L I tD I A Z 222 VALLEJO STREET - ' SAN FRANCISCO, CA 04111 416.3M!5181/FAX 415.394.7158 PROJECT: Contra'Costs County Now Juvenile Hall Addition NO, 87 41 FATHER, 81 degrees, clear [TATE: 20 Aug 02 PSRSONS CONTACTED., Mark G3 UUURS,Tion VondraktURS KMD JOB NO; 869-101 DATE VISITED- 14 Aug 02 APPLICATION NQ, 0000 OBSERVATIT50: This observation report pertains to site walk after 811412 weekly progress meeting.After meeting, the administration building's exposed interior CMU was(examined.Deficient areas of work were highlighted In situ.This report is a summary of those highlighted observations In the field.The highlighted areas are not all encompassing.They are examples of areas that need repair,cleaning, or replaodmont. If they are not addressed,we reserve the right to recornmend they repair, cleaning, or replacement at a later dite. It is not acceptable to propose paint finish will rssolvs Issues, 1.At several locaWns, CMU facer sh�llo have been damaged,There are face shells with deep gouges in the block surface. It Is not apparent whather it was damoged during installation or after set in place,Damaged(chipped edges, scratches. etc.)surfaces Is unaccceptable(04300.02E). Contractor to propose fix for sit damaged Face shells, i 2.Throughout the Interior of'the adrn�fstration building,the CMU face shells have been covered with various material.In some areas there is excess mortar splashed across CMU fads shells.Vtihero It has came In contact with water,tare fireproofing has seeped onto the blta work and left large white strealdrzg.in tither areas, the roofing bituminous material from applying the roof bassi shoat has dripped through cracks&left black tar4lke deposits on the black face.The bituminous maiterlal's dripping was p4vlously pointed out in site observation report dated 811512.It still has not been addressed.Contractor to remove any impuritlas that may create Inconsistencies In point finish.We do not recommend using metallic tools in cleaning operagons as It may further damage the farce shells(04300.3.150).We recommend con3ulting with CMU manufacturer regarding cleaning solutions for ciearning CMU surfaces(04300-3.1 5D).ilr+'e+All not accept any finish inconsistencies resulting from contractor's failure to provide dean smooth surfaces for paint finish. 3,The mortar joints aria sloppy througpouL There is excessive furrowing of joints throughout,particularly at wall intersections &door jambs.Exc eesiveif mVMng of rnc3rtar joints Is not acceptable(04300-3.048).Contractor to provide fix. The horizontal joints we Inconsistent.In some locations there erre visible holes in a mortar joints;In ratifier locations there is excessive mortar bubbling from horizon tat joint&corner of block.These:Inconsistencies are unacceptable.Mortar joints are to be un fb m &concave runless*1$erwise noted(04300-3.04A).Contractor to propose fix.This Is a problem throughout the block worst in the admir(Istration building. 4.At several locations,there are crack CMU Faces.The cracks are fairly lame&*sally detoctabie to the naked eye. It is unclear how these CMU face were damaged.Damaged faces are unacceptable(04300.3.02E).Contractor to propose,fix_ There Is also excssive cracking at moftar joints. In highlighted locatlons,the cracking Is+sadly detectable to naked eye. Excessive cracking at lrrterfor exposed urfaoes Is unacceptable.Contractor to propose fix.We will not accept visible cracks In mortar joint or CMU face sh2 ata exposed finished CMU walls„ d 5.At several locations, the contractor hid nailed what appeared to be construction guide dines into the CMU face shells. After removing nails.the CMU faces w e left with visible holes:along a straight Ino,These hales are easily detectable to the narked eye."Tho contractor damthe CMU two shells.Damaged fare shells are unacceptable(04300-3.02E). Contractor to propose fix.It is not aoce4table to propose point finish will resolve dakrnagsd face shells,We will not accept Race shells with visible hales In therm. i ti i s Notice to Comply Juvenile Hall Addition Project# 601033 O'Brien Kre€tzberg 2032 Glacier?rive Martinez,CA 94553 Tei: 925-646-4075 Fax: 925-M-4088 Number: 028: 1 10114/2002 To: Arntz Builders From: O'Brien Kreltzberg Deborah Palmer Mark Gaul 19 Pamaron Way 202 Glacier Drive Novato, CA 94949 Construction Trailer Martinez, CA 94553 ...:.,:�.....,i:;,=.=.:=ii:-i:h;:;:.i::.:4.i:.i:.i:;.i i:.i:iii i>>:.i i:.i:•i;.;:.4.ii:;.:;.i i:.i:.i:.;:•i:iii i.;4•i::�>:::>:�iiii::hi:h,.;..4;>:444=i:.i:... ::r.:...:.h=::.,:.,.:.::::::r.:.:::.::::::.::::.::::.•::::.::.�:::..: :. ......,,....:,.:•:...:.;::::.•:.r;:r:;:.:�::.::.........::::::::':..,::.iii::.:;.::.i:;.>':_<.•:?,:.,.. •:::.�::,.,,,.:...:.::.:.:i:::..::::._:::.:.:h:h;•iii:4<::•::y...,...:.. :_:.:.::.i,.•, r•,,x.;,•i:.i:.i::,: i•.+:-:::h:::.,^:::vr:•::i s ir.••i.v%:iii i:?•.iii:•i?ri •ifi viii:"4 .,p�y,� .rr....:....::.:::..:n-i:.:'• •. i::jL:;-:.:..s.........is4hiii:4.4:w:•ii:•:!:•i:v..=...,.ii:.^i"� � jk� ;....:.. ....:...,\i.v.,v:,:.n:�::�:'.::4::L`,r,'...r......: .... .::...:r:!••:�•:::...::::::.�.:•:;:;:...........v::4::'i:.i.. r.•:n.....n,,4,•..,,.::i i is?.:::rr:::::•4.i:•:44i4•:4:.iiiii;•:hii ii.,•:iri=..,.::::.:,,.:_.�:::.�:!;T{•i:44 .i v44h:hi:4hii;•:{•:=:,'d•:_:.:::::.;.i n:......:v. TJEG Site Observation Report Deficiency Item Electrical y4 is ,�a •.:+.i:4::::.:::::r,::.:::::.::::.::.�.:.::4::ii iiiii::i::i:?:iF::}F:iso' 4i;:Finis::Fi'::::ki4;C?;rii•::L:h::r'r•...v':.i.;,i.a';4,i vi•'.;{:•:•4 �1 ��,��.y} ............................................ ......,y.....i.........�.gyy,, :.:..:r::v;••;.v..• ...v.,•.v•:•.v:,••:.f•:;,✓..i,,v,;::.,•_:...,....,..•rr::?. ��:j•,Fnv::n•.:'.:...::•iiirii::4v:•ii::•iiy:4414•:°•iii iii:44iiii:h:•ii:.v::::::4.i;r$:F:•'.-r i:4:•:ii:h:44:h:-iii +�7.i vim .V*. .:..::... ....:r..........., r....>.,.... ,• :.... . ,.. ::.�•^4h:.... :..1.,!....:v...:/.:.n..:v.v:::::.::,v:.:...:..:::v..v:..:.:v.vv.. }�'.. ..':.r.. ::.hi 16000 ..:::.�::..:,•::•:::::. :.::>:.:::::,:::.�:.::.�::::.:.,^iY::�:::,::::;i;i�::y':Si•;}:;:4•i:•;+i iti r:::..;;.;SS:;,iiii::o;i is:•.>: �y ',•'•:$=$;;i:?::>:$ri"-isi-S?sv'ii:;: ii2:5i!:is:i:S:::::i%':i:i'iia:i:;'?::'S::: t! ..i:�.�4... ..Y.3i:S:i:>+i>i'Si t�;i>S:;eai:•ii:4•ii:�:`<:.:4••c�444-ii:+..,4:iii:4,,;;4a;4•ii;t=i:44c4o:•:4<:•i•i•;e::i•.;.4:5•i:i•..;. 3•. �F� •.-.4f �:. i::.i::r:;:S:Sfi'ii;i:•::;;:•:4•.�::>::is:si:::::2`G::•4RS•5;:.::SSSS>:SiS:SS:SSii;y%,:Si i`i Stii::i:'hi:: .. TJEG 9/26/02 ....:..r::.:..a.:.,:....,..,:.r.;,..-..::...:.:..-._::::;....:4.i•'.:..i:.::::r::.i::::.:y:::i.i•:'io:;i?.:..::: ..h:.:;.s::.:.i:-.:-:..:,:.,:•.:-::.i:.:.::4:c:::::.•:::::4:::::::::.>':::::.:.:•e:::..•:.•.:::::..�._::::::.,•:.: :8::t:3 ;::: :rid :: 444 ii::4-:;isi'::::a:a;'o;;;:;ham::4:;•.�::4;:::•:::::4:.4••r:-i;.:::.::• .:.ii::::: ................�....>.................,..... .:::::.:i:::a.:x•i•.:r::.i•:.:::•.:::..4::.:i:::.::;.`:;5::+'.ti!;:•::'':. ............... .. :..,:.t4•i+:..•.,.::•::.:�:•.moi<.�:::iti.+i.:•`..+':x... r......,..,.::..•::.�::::r.�::::::.•:::;4:•iah:i:.o-i:i.:�::.::::::::,.�:.h:••:.:::<h:hi iii:.i:-::iii:4•;h:i:::t4•:?:.:..:.;.,:.:.:• .......: ., ., .,,.. ,...,.:..,.....::,-:•::.:....................... ........................:...........,.....s..:::.:...................................,.....:.,=:,..:::::::.:.�::::::...iia.:.::•.:•.'.••:•::•S:;•+'-: Please provide all required corrections as outlined in RFI #0741, TJEG Site Observation Deport. Contractor is rewired to make corrections and mitigate, at no additional cost to the Owner, any and all conflicts with architectural finishes or other trades, resulting from this non-conforming construction. In the event Arntz Builders fat7t to make necessary corrections or mitigate the conflicts, Owner shell reserve the right to withhold additional funds as deemed neces make tha corrections or mitigate any conflicts arising out of this Non-Conformance. Signature Signed Date Prolog Manager Printed on: 10/141.2002 ContraCostacounty Page 1 dent tsy: xettr ak Ca•uept, 4153094819; Sap-26.O2 9:49AM; Pago 212 @s=at-01 tOrPi fA0N�1gG JdGD�NNOIsURINS ►SrOttilOCY f*111 ➢.01/01 f-Of x Meeting Reagn ?ro;eck Contra Cosie Ctiurtty Protect No,: KM*D-054 Tod.1460b New tuvtrni3tr rtsfl EngItte+er€no aroup,Inc. t?83 6raadway Oaluartd,CA 94692 C)t i,1;rt8tt?. cmwxr i a0w.P i7ate; QgC J1G2 T: IStO 7:93 4880 F. 610 M 5009 (Pbaas wvPo+' www.Vsgxom ww 4%dMCL6ifN, tbrtt�r waitacrt} t b(oetrrtg ' Meeting Pace., i Purpose: #Wd Obsetva%lon i Meeting i Date: O912042 ` MeelkV Time: 9:30 AM r Attat`deas' j Copies io: NO Darmow, j KMD,Justice i I .yk Dav4 Hughes,Helix El"irlt Tim Vortarak URS Larry Nr.,AMM t The#Ogowrno was noted durfiv the wakK twougn: 1. Soof aram pipes r8 ,e MOM#trCtfit�i taem.T t5e wrilfactOr to c W%with Caidon'aa Etectricst Cats Anit:4 384,4 tp detarmine It the pipes can stay as,natsiled. 2. Sprfnwor nsaca to vle main ef+t{ati 41 morn tc be located away from e4ettrleat swk"aar, k s. EMT coroolt to be s}tpported per Calttomia Etectficat Cede Ar:rcte 349-12 At every sen feet end within three feet of d9tn Dox. 4, Uckbexas In dayfim6 Serb Omer IA MB&11fC OSVI areas to be suitable for mbalum Security apptivat{en per Elect icai Specs 16010-10314 B and 161412.05 A. I S. J-boyars to 1104 felt Mover w pre vent carnage t0 CAt>tiS. 's Tfaitit�', X76?l� i�,tie ¢6"�lrfr+.tS � � i Ch kMO * � !� LN '1q$y}+t'j',Ff',t'Ct'S}ttif Ca+t Q'N G Ctrl drw4t#f 117YN ka$NMC+siVtl4ata`.�mars 2vw am 1 k : t Sent By: 07 SF CA-Capt; 4153994M; oct•f0.02 4t39islfi Page 213 i a K A P L A N j M e L A U G H L t iN , D I A Z 222 `VALLEJO 3TRCET SAN FRANCISCO, CA 84141 • 416,308,51911FAX 416.88#.513# i PROJECT: Contra 609ta County New Juvantia Hell Addition NO: if W EATitEfC 70 degrires,clear DATE: 10 Oct 02 PMONS PRESENT: KMD Jta0 NO: "ll-10l DATE VISITED: 00 OCTA?-2Af'PI ICATIt)N N+�' t1tf0A ACTIVITIES b 08SERVATIONS. Ac0vities: At this data we have acct received the September 2002 updated schedule. Out observation are based on ccmparlsom to contractor's submft$d August 2002 schedule. I.South Entry. 4 Contr olasAugust2002sc eduleshowsroriltnstsitationbeginningonOctoberYd.The south entry has not prugreseedmuch $[nce test site visit.The axlettng roo shsetning has been removed,Still have not Installed metal docking,Looks like masorns were continuing block work up to parapets.Beams not In place on second floor.No rough-Erns present.Work in this area has fallen behind almost one monthwhen compared to August 2002 schedule. 2.Administration bulking.- No activity present klskte brat arimintstretion building at tine of alta wart. Little has changed since last weeks observations,Framer root pre$en4 stte.No metal wall panel installation taking place.On the second floor there were s coupts of plumbers working an runs for stafT toilet rooms.No duct work in place.Did not see mechanical contractor onatte,No through metai deck aro present No read wails Installed.Fusing present at extsrfor walls.Work in this ars has fallen at least ons month when compered August 2002 schedule.At moat level,rnlasing structural#toot and decking in C-sactio 1. Edge of rooting not protected In A-#ection and ftulation beerds deteriorating(see obsoN&Wns).No metal roof Installation al stair H4 taking place. Roof unRn4hhW throughout.Work In We area has f0on behind appro)dmotety 1-2 wroks.Observed a couple of EIFS laborers at mechaltic#1 screen on S-section.Usdor EIFS swaiHtg finish color coat thmughouL 3.SaOyport: i No change in activities rrom tt1102.6he observalion report.No actmty observed white on site.No metal Was panels being Installed, 4.Housing Unit. No sitar actfvlty for Interior court ya concrete installation.Contractor's August 2002 schedule straws a completion date of 'Octobw 11*.This date will not be Met based upon observed work activilies taking piece.Addressed in weekly meeting under weak look-ahead,No fires comp4don date for this work. 0+E-sections:CMU installed eionpl grid One 20 and grid fine T(sbout4-8 courses high).CMU vrass at call ION YM continuing up to tier twat In accordance,with August 2002 sr.,hadule.No activity j at grit!line's Y or 2 for CMU installation.Clow not appear Cfvftl Walls up to tier level will be cImplated by scxsadule`s Oct t9^finish date,Concrete stab remains unfinished. F-aoc6on Temporary oonaoursion toad still In use.Psrti$l compi#tion of tooting$.Moss not appear a number of activ3tias Will meet achafte's flnlsh date b$oau`#of temporary road.?hese activti#es 4VJWe Installing undoergreund uti}illes and concr#ta ebb. G-secdon:Activities occurring in tl>%%action appeared to match August 2002 schoduls.Rebar cages for concrete columns in pl#ca.Shoring InstaOed atoftg gro ones a and-m Concrete footings are in place Observations- 1.11 erase whermroarav is not to6141sto,exposed edges are not being Trrotsrted or covered.In A-sector of tate administration bulkting,the roof Instaiiatiort has Mopped short of the second f1cssr of tl-sodon waft bacause of isoafrold ng for E1F$ 1118144890M Wtusre the roofing stops,the edges are exposed.The insulation board has become warped and!mitre due to exposure to RAs elements.It eppeere flattening the board will broak and crack the insufatlo m Par the specifications,urlfhttshed t'asf Insulation Is to be protected wth root membrane(07220.3.02A.2).The contractor has failed to protect the edges of the r f 3snt 9y: K D 6p OA-Ospt; 4153994819; Oct•10•02 4a39Ptf; Pegs 3/3 i 222 AALP JO STREETNe 4N FRANCISCO, CAS 04G111 � 410.808,6911FA%D415,394..7154 materials and as a rasa##the lnaulati meyheve deteslorated anti be Unusable.Rsoommand eontac##ng rOORMgmerwlat#urer and daaorlbing condition of roof insu# Ron Wn exposed.Need to determine 9 installed edges#eft exposed ha+Ie to be ramavad. 2.A#argar conca mn related to thea 1 ve cbaervatisu+i9 the amourtt of unlnstalied Insulation board#tet flea been#aft exposed. The bowds are being stored on the of A-sac#fon of the adminlstradan building.The hoards have alt bamme warped dues to improper st"ga,methods.Tht sooftations mquI#*that no knsu#a##cn beard be'left exposed ovemi film or to Preclp#iAIOrk (07511-3.0113).g).it Is unclow K all the tar#a##aft exposed is usabis,our concaves to frie"wiaratfoon and Momation of the board will compran#se the C00ft tweather re8iatant and insutstive integrity. Recommend oontractor=tact roofing rranufooturer and describe cond'"o of boards ars sits for suitability for Installation.. 3.During weekty maafing,disouseed the flashing around"diagonal tube steel faeces stthe mechanical ssxw on a-sacetion roof,We agreed in the masting to a sketehes for design Intent for c#enficatlon purposes.Those dabbiiswill be provided through RFI process.Atter meeting to take a took at area In question A nodoed deviation from Contract docements°detail 3AIA8,01.Contrst r lies not sxtnhn ad�m sheathing down to dock as shown In data##.This is a devlatSuun from contrad documents.EtPS and rooftng atm installed but no flashing as shown in detail.Contractor to vartfy 8ashird will be Installed pw data#1 3A/A8.01. s i 3 k f # iellMkl9q't"'' .. 'tis3' sr a'''' ,4. <<,K .' . 71 44, 4� 4 t.: 36nt-t8y. KMD 8F ^A-Dept; 4153994819; Oct. "-02`-C2 2,02i'M; Page 213 K A P L A N i• M c L A U G H L I N D [ A Z 222 VALLt JO STAEET !SAN FRANCISCO, CA 94111 • 415,388,$1911F'AX 415.394,7158 i PROJECT: Contra;Oosta County Now Juvenile Hall Addition NO: 1tf WEATHER: 61 deg8, elear HATE. 10 Oct 02 PERSONS PRESENT: 'Gatti VohdrakfURS:Larry Wise/ABS KMD JCS NO; $63.1€11 DATE Vl$I"i Eta: 02 OC-f02 APPLICATION NO, 0400 ACTIVITIES&OSSFRV.ATIONSs r Activities, t t 2 1.South Entry. i Contractor's August 2002 schedule Dhows roof Installation beginning on October V.There were a number of activites not yet completed,Obseived the st4al beams had not yet been set at the second floor corridor.Windows had not yet been installed, Rough-ins not lnsta€l�d. Metal deck not iinstalled. It appears the work installed 4 1-2 weeks behind the August 2002 schedule. 2.Administration building: On the first floor,activities ooinci$e with contractor's schedule:for August 2002.In A,B,and C sections, gypsum board Installation continued at walls and ceilings.On the second floor,it appeared no activity was taking place.Contractoes schedule indicated a variety of act ivies that should have already occurred such as duct-work Installation,stud framing, and plumbing&electrical rough-Ins.iit appears from ate contractor's schedule for August 2002 the work on the second floor of the administratfon building h6s fallen behind by almost one month,At the roof level, observed continued installations.at B&C sections.Installation of built-up roof at A section completed up to scaffolding for EIFS. 3,Sallyport. t Activities coinciding with contractor'#schedule included stud walls and parapet installation and roof installation. It appeared roof installations was 2.3 wisaks ahead of August 2002 schedule,Activities not performed per schedule Include concrete casement for columns,m8iat panel instattsation for soffit and fasc€a. f F 4.Housing Unit: Site activity minimal for Interior courtly rd concretes installation.Contractor's August 2002 schedule shows a completion date of October 11°'.Looks like this date will'not be met based capon observed work activities taking place. I F 0-section:CMU Iristalled along grid na 20 and grid line T. Some Interior cell blockwork complete up to titer level. Did not rise any structural steel being Instal d as indicated on August 2002 schedule.Some frames In piece. Difficult to tell If activity In this pod coincides wII#s dale.Concrete slab not finished. E-section; No frames observed In pl`ce.No structural steel Installed as Indicated on August 20D2 schedule. Placement m of low concrete slab ars untinis ed.Difflcult to tell if activity in this prod coincides with schedule. F-suction:Activity In this pod is diffic ult to discern as contractor Is using It as a temporary constructions road for transportation of building materials td Interior courtyard and south entry. It appears activities no longer correlate with August 2002 schedule. I i G-sooti3n:Activities occurring In thisisectlon appeared to match August 2002 schedule,however,their full execution appeared deficient.Footings ware b4ing poured. Rebar was placed. Reber for columne appeared In some locations. 'Se'nt, 6y. KMD 8F CA-Dapt, 41539948119; oct-"�-02 2:02PM; Page 313 X A P L .€Il► NM c 1, A U G R L I Irl D I A Z 222 VALLEJO $TREET ;SRN FRANCISCO, CA 04111 416.398 51911FAX d15.394.7168 t 1 Observations: i 1.Observed coker inconsistencies Ir�decorative CMU along grid lines T.The face of this wall Is Exposed block(A8.61,A9.62). Throughout the instaW wail on gr€diline T,the bled varies In color.It is unclear whet Is causing this Inconsistency In the block 1 color. Notified contractor on site that inconsistent block color could resin In cownees rejection of Inishad product. i 2.At bottom of door H107 jamb,there is a single colored block Installed that does not match they decorative block used In the F accepted mock-up.The block will t visible as a finished surf e(A9.61>A9.62).Decorative block color must match accepted mock-up. Contractor to propose S0I00111. 3 3.Mortar joints of decorative block along grid limo T are sloppy.There is excessive overlapping of mortar joint onto block face shells. Greater care must be taken<in laylt'Ig of block on mortar Joints. per the specifications, excessive mortar should be removed as work progresses(174303 3.040). Buttering of joint corners and excessive mortar joint furrowing is not allowed (043001.3.045).Contractor indlcaated on site mason Intended to sandblast excessive mortar of face shells after completing Installation.We are concerned w€tit this method sof cleaning because the amount of mortar present on the face shells may require substantial sandblasting to 4 can the wall surfaces. It has been our experience on previous projects that excessive sandblasting may induce cracking aa#ong the block'ro face shells.This may create an undesirable finished surface which the owner may reject.Recommend contlactor clean up block Surfaces per specifications(04300-3.16).The s i6ications states to use a cleaning solution recommedded by the block manufacturer.The specifications do not ailow the use of non-metallic triols In cleaning operations.This wili prevent any gouging or chipping of the blocks'face shells. 4 I 4.Discussed on site,with contractor€loreveals of rvea3ls at Public Foyer A10i.The furring Is notched at dcouwe doors to allow doors to fully open.Directed contractor to eliminate reveal at notch out for double doors.Regarding switch location conflict with reveal at door A139A,directed contr#ctor to lower switches so top edge of switch cover plate does not Interfere with reveal. I i i i i i t F { i 4 i t 3 t t t t 1 I I KAPLANMeLAUGHLINDIAZ I t, 222 VALLEJO STREET t SAN FRANCISCO,CA 94111 •415.398.5191/FAX 415.394.7158 SITE OBSERVATION REPORT PROJECT. Contra Costa County New Juvenile ball Addition NO: 09 /11' _ WEATHER: 81 degrees, clear DATE: 30 Sep 04 PERSONS PRESENT: Tont WornspnlKMD Kelly Galloway/KMD; KMD JOB NC1: 869-101 Mark Gaul/URS, Tim Vondrak/URS; Larry WlseIASS; Matt/JF McCray(EIFS installer) DATE VISITED: 18 SEP 02 APPLICATION NO: 0000 OBSERVATIONS: The EIFS system is at various stages of installation. Prior to 9/18 meeting, EIFS mock-up was reviewed to determine color and texture snatches accepted products.After 9/18 meeting, walked site to observe different stages of installed work. Comments below are our recommendations and observations based on site walk. 1. In areas where foam insulation was being installed over gypsum wall sheathing, it was observed that the sheathing was not"Dens Glass"as specified (06101-2.03B). It appears regular exterior gypsum wall board sheathing has been installed. Our specifications are written for Dryvit EIFS products. Their product requires "Dens Glass"sheathing. Product being Installed is PAREX. Per manufaturer's instructions, PARER does not sepcifically require "Dens Glass"as a sheathing, however, product data is very specific in the use of adhesives applied to wall cheating. Notified general contractor and installer that manufacturer must approve of substrate as installed. Recommended obtaining written approval from PARER that the installed exterior gypsum wall board is an acceptable sheathing to receive their EFS products(adhesives,foam insulation). See photo number 11 for sheathing material used in installation. . In general, the installation of the foam insulation boards appears in accordance with the manufacturer's recommendations and specifications. Mesh fabric lapped at corners and base of insulation boards(07240-3.03E).Joint and reveals appear flush and within manufacturer's recommendations for edge treatments. At the screen wall, laborers were sanding/rasping faces of insulation foam boards in accordance with specifications(07240-3.03B.9), however, at few locations there were visible gaps between the boards that may not meet manufacturer's tolerances for proper installation. General contractor to verify. See photo number 3 for example.Also, at the same location, there were round depressions in the surface of the insulation. It appears these circular depressions were caused by the laborers`scaffolding while sanding and rasping the edges of the insulation boards. Surface depressions greater than 1116"are not acceptable. General contractor to verify depth of round depression and propose fix if greater than tolerances in specifications (07240-3.03B.9). See photo number 1 for example. .Areas of the work were base coat had been applied contained some deficiencies, The fabric mesh is visible through the base coat In several locations.The fabric needs to be completely embedded in the base coat per the specifications (07240-3.03E). See attached photo numbers 2,4,6 and 8 for examples. In.other areas, the base coat has been applied too heavily.Toes much base coat causes cracking. Base coat must be applied in minimum thicknesses required by manufacturer(€37240-3.03D). Contractor to verify and propose fix in areas where cracking has occurred. See photo number 7for example. At various locations,there are deficiencies in the mesh's application The mesh needs to be Installed wrinkle-free(07240- 3.03E). All crease,wrinkles, or ripples caused by mesh to be repaired per the manufacturer's recommendations. Contractor to propose remedial work.See photo 4 for example. Inconsistencies in the base coat surface will show though or"telegraph"onto the finish coat.All"fins% "boogers", and stray mesh fibers shall be removed prior to finish coat application. A smooth base coat will ensure a uniform texture finish per the specifications(07240-3.03F). It was observed that final prep work to prepare base coat for color coat application had not yet begun,. Installer stated that the base coat had not been completed. Contractor to follow up and ensure base coat ,;Sw''f�� J f `''f1 :gyp ``'i✓:: 222 VALLEJO STREET SAN FRANCISCO,CA 94111 415.398.5191/FAX 415.394,7155 SITE OBSERVATION REPORT meets mane#acturer's recommendation prior to application of finish or color coat. See photo 4 for example. It was observed tooling and troweling at control joints and reveals were Inconsistent. At a reveal location, the mesh stuck out from the base coat along the length of the joint. The base coat was unevenly applied aiorig the length of the reveal. At a control joint, there was a"rattle" in the tooling of the base coat, leaving a distinct pattern at the edge of the joint, At reveal and control joint locations, greater quality control is required to achieve crisp plumb lines along edges of joints. Contractor to repair improperly tooled joint and reveals (07240-3.06A). See photos 2, 4, and 8 for examples. Any nails or other temporary construction materials need to be removed prior to base coat completion. Failure to comply could cause caps or cracks in the finish coat resulting in a nonuniform finish and texture. Contractor to remove elements prior to base coat completion. See photo 10 for example. 4.The only location where the finish coat or color coat had been Installed was on the mock-up behind the contractor's trailer. Design team's review found color&texture of finish coat mock-up acceptable. The application of the finish coat on finish surfaces was acceptable. There is some concern at joint locations in finish coat application. Mock-up had finish coat applied inside the crevice of the joint.This is not acceptable. Apply finish coat to allow for separation from joint in sealant application per specifications (07240-3.031311). See photo 9 for example. Page 1 of 8 . Insulation foam board. circular indentation created by laborer's ladder while rasping beard edges. Note- this surface was already rasped. . Base coat; fabric mesh not fully embedded.. Rough tooling at joint edge. Page 2 of 8 — 3. Insulation foam board: meeting points of board edges extend beyond allowable tolerances. Note this side was already rasped (shavings visible on ground). Page 3 of 8 ' r 4. Base coat. shay fiber from mesh, trowelled edge in surface of base coat. Mote fabric mesh is visible. Mesh need to be filly embedded in base coat per manufacturer's recommendations. Page 4 of H 5. Base coat: rough troweling/tooling at control joint. Edges at joints and reveals should be crisp and plumb. 6, Base coat; mesh must be fully embedded in base coat. Fuge 5 of 8 '- 7. Base coat: excessive base coat application results in cracking. Base coat should be applied per manufacturer's recommended minimum thickness. 8. Base chat: inconsistent trowelling at reveal Reveal edges must be crisp & plumb. Page 6 sof 8 9, Finish coat: finish coat installed on edge of control joint. Edges of control joint need to remain free of finish coat to accept sealant. f' Page 8 of 8 1. Sheathing: gyp. sheathing material installed under foam beards 4 Y } � | . > � � $ � � b § | � k | \� # . � . � � . . . . . . . . . . � . .. . . . . . . . . . � . ! t jjF% ILI Ut Ck is z As I 11;x pk fillz Sent ,Sy; KMD aF CA-Dept; 4153994819; Jun-^"-03 11 v8; e e 2r KAPLAN*MewLAUGHLIN-DXAZ 222 VALLEJQ STREET* SAN FRANCISCO,CA 94111 •415.398,5191, AX 415.394,7158 PROJECT* Contra Costa County Now Juvenile Ball Addition NO; 17 WEATHER. over saris(WW1)sunny((V10) MATE., 23 Just 03 Pf FRSON S PRESENT.- Mark G#uVURS,Tire Yondreak/URS,Deborah Palmer KMU JOB N4; 969.101 ASS, L�.a� r}�r¢�y, WiseASS, tMatt Morery/Callsione, Obv GSD BATE VISITED: 11 JUN 03,18 JUN 03 APPLICATION NO: 0000 ACTIVIT11W,Working from Mare 2003 schedules. Activities noted are from 18 JUN 03 site visit. 1.South Entry: Schedule shows work in this area completing can 21 APR 03.There has been little change In this area in the part 2 months. Batts the first and second floor remains unfinished.WorKoonverting first floor bathrooms to corridorhas not started.No ceiling installation.No flooring installation.Vetoris at existing exterior door at second floor has not begun.Work for new door at corridor exiting to exterior has not begun. From the March 2003 schedule,it appears the work in this area is several months behind, 2.Administration buildingt A-seec:ttiom Schedule shows work In this area completing on 12 MAY 03.There is little activity In this area.Although the achodule shows all activities completed,the finished flot�and ceilings are in varying stages of lncompletion.Ac"infcwcormistsof taping and sanding of reveals. Metal panels at roof level remain periwinkle blue, despite acceptance of contractor's field painting proposal to old town gray,No AC units on ro*f.Noticed parapet flashing was completed and painted.From the March 2003 schedule,it appears they work in this area is also several months behind. B-ssectlom Schedule shows work in this area completing on 28 MAY 03.There Is little activity In this area.Similar to the status of the work In A-section, the finish work (painting, callings, floors etc.) remains incomplete In varying stages. Hardware installation Is progressing slowly In this area.Cors appear nearing completion In R €vingeRselease section.Noticed corrective work at callings In Recelving/Relsase holding calls is not completed.its o k in holding cells,has not progressed in the last month or so at all. Work ori roof still Incomplete. Prep work for sealing flashing cape at mechanical screen begun. Flashing cap painting incomplete. It appears work In this area is abut I month behind. C smfion Schedule shows work In this area completing on 13 JUN 01 is In the other sections of the administration building, there does not appear to be much ongoing activity in this area.Sliding door hood's;Installation remains Incomplete.Kitchen;and Laundry room&are Incomplete. No visible changes in these rooms. Electricians continue wiring,in 0-section.The walls at sgocond floor Centred Control are near completion, Framing at elevator near completion.No ceeifing work Installed at second flour.fainting Incomplete.The H4 stair remains Incomplete,Schedule showed activity at stair Flo completing on 16 APR 03. The stair regains unroofed.The exterior stair wails remain unfinished.No metal panel Installation.Some exhaustfans Installed on roof. It appears work In this are is also about 1 month behind_ 3t,saltlport, No activlty In this area.Contractor has elected to use this portion of the facility for material storage.The schedule shows wok In Bent By. WD 8F CA-Dept; 4153994819; Jun-P-1.-03 1i :09; gage 3/4 KAPLAN-McLAUGHLIN-DIAZ 222 VALLEJO STREET•SAN FRANCISCO,CA 94111 •416,398,5191/FAX 415,364,7168 SITE 0SURYATjo REP this area completing on 14 APR 03, It appears work in this area Is several meths behind. 4.Housing Units No site activity for Interior courtyard.Schedule doss not refect this area remains unfinished,Contractor elected to postpone construction of R-section of.housing unit to use as service road to get material to courtyard.Extent of schedule discrepancy Is unknown, D+E sectlons.The discrepancy between the schedule and actual activities 1s significant.The schedule shows finish work (csilings,painting,framing,furring)occurring at this time,There Is no finish activity occurring.The soffit and c9ifing framing for ID+B sections Is complete but not sheathed.Appear mechanical and plumbing work In plumbing chases Is complete at first floor.parapet masonry is incomplete.Roof beams Installed.Beam;pockets complete.No hardware instailatir n at first or second floors. Despite tete schedule showing a number of roofing activities completed or near completion,the roof decking has not even been installed.Horizontal mesh at low roof at outdoor recreation areas Is not Installed.Based upon the roofing activities,it appears work In this area is a month and a half behind. F+G-sections,Similar discrepancies between the schedule and activities in this area of work as well.The schedule shows finish activities(ceilings,painting!,framing,furring)at the Interior and roofing activities at the exterior.Actual work talo ply In this area consists mainly of CMU up to beam pocket level.No roof beams Installed at high roof.W-sections installed at outdoor recreation areas.Mechanical and plumbing warp minimal at second floor. No hardware installation at firet or second floors. Based upon the masonry and steel activities,it appears work In this area Is several months behind. OBSERVATIONS:Include site meeting with representative from Stock Manufacturer on 11 JUN 03 to discuss f#nlshred product at Z-fine at the ;lousing units. Include alta walk with Electrical Subcontractor of existing facility for locating and wiring new devicas in the existing facility.General observations made on site walk on 18 JUN 03 after weekly progress meeting. 1,Met with Contractor,Construction Manager,and Block Manufacturer to discuss quality of finished masonry Installation.The area In question Is along i-line between gridlines 20&45.The Contractor has removed the scaffolding from In front of the wall and cleaned the wall.The sealer has not been applied. There are Inconsistencies In the color arab texture of the block,The InconsisWelas are as fellows: A) Color inoonslatenclev'There Is a distinct change in calor from the bottom to the top of the wall,It appears at the point where the block masts the concrete slab at the second floor the color of the block has a gray tons.The change in color Is distinct and visible throughout the fagade.In addition to the gray discolorization,there Is a pattern of"orange"blocks in the elevations.Although it Is not reasonable to assume cornplate uniformity and consistency from block it clock,the colter difference In the elevation is pronounced, B) Texture lnccsnsi6tS les,Abovs the discolored gray block are a number of units with rough edges at the bottom of the block, It appears as If the bottom edge of the block has been chipped or formed incorrectly,There are a number of blocks with this condthon throughout the fagade. The defective black appears much more pronounced In direct �l Ms's.,. Sent By: KMD 3F CA-Dept; 4163994819•, Jun-PI-t}3 11.x39; Page 4/4 KAPTA •til`r-LAUGHLIN-DIAZ 22.2 VALLEJO STREET a SAN FRANCISCO,0A 94111 +416.398,51 91/FAX 416.394.7168 SITE Cid EAVAT10,N, sunlight. Block Manufactureea opinion was the finished well was acceptable and well within the industry standards of quality for Masonry work.Excepting painting the entire wall or removing the defactive work,the Block Manufacturer offered no remedies to owed the finished surface.The decorative block was to be'color controlled'.The black should have been sorted to match accepted muck-ftp to eliminate color inconsistencies(04300-2,01 C.6).The accepted mock-up on site is the standard which all installed masonry shall be judged (04300-1,08A.4),The Inoonsistaneles in color present in the finished waif were not present In the mock-up. Regarding the texture Inconsistencies,masonry unite shall have straight,clear;,unshipped edges. Broken corners and edges are unacceptable(04300-3,04H).Pending further investigation,we reserve the right to recommend remedial work to be performed by the Contractor at no additional cost to the County- 2. Observed conditions in existing facility to receive new speakers, camera, and Intercom with Electrical Subcontractor. Construction Manager,and County Engineer present.Discussed relocating devices from calling to adjacent wells tend soffits to accommodate existing conditions.Discussed switching camera groups near exit doors from calling mounted to wall mounted to accommodate existing conditions. Discussed utilizing existing wiring for nwtv devices to accommodate existing conditions. Proposals will be addressed in IFI 956 response. Proposals will 'facilitate device Installation. Exposed conduit should be minimized. 3.Observed damaged omit In second floor C•saction(0221).It appears to be the same location where mold was present on the gypsum wallboard. it appears a portion of the wall had been removed (possibly the mold) and painted without repair.We recommend Contractor vaNy mold was removed in its entirety,We recommend Contractor Investloate area and propose fix for damaged wal{. 4, Observed In housing section E the stiffener plats at the guardrail at the first floor Liar had fawn located Incorrectly.The Contractor has relocated the stiffener plate per the contract documents."Caere should be no visible evidence where contractor modified the stiffener planes.The Contractor shall grind surfaces smooth where the stiffener plate had been orlgInally located. 5,Observed damaged EIFS at second floor administration B-section near mechanical screen.There are black smudges rind dents In the EIFS, pt slbly meed by removal of scaffolding. Damaged EIFS is not acceptable.As work progresses, we recommend contractor propose fix. S.Observed damaged metal panels at mechanical screen,There are scratches and small nicks in surface of pauses throughout. Our concern Is the paint will not remedy the damaged panels.Prior to field painting grey,we recommend Contractorverify wltfa panel and paint manufacturers the substrata is acceptable. .Sent EY, MAU -5F CA-Dept; 4153994819; Jun-30-03 16:55; e 214- 222 VALLEJO STREET t SAN FRANCIS00,CA 94111 a 415,398,51911FAX 4153947166 MTE t N REPORT PROJECT- Contra Costs County New Juvenile Nall Addition NO: 18 WEATHER, sunny(6124,6125) DATE: 38 Jun 03 PERSONS PRESENT: Wally MeoMillan/KMD,Ken Campbell/The Crosby KMb JOB NO. 860.1011 Group,Eric(1yGrossen(mason),Bob Scott/CEL DATE VISITED: 24,#t!N 11325 JUN 123 APPLICATION Nth: E7000 ACTIVITIES:Working from March 2003 schedule.Activities noted aro from 24 JUN 03 and 26 JUN 03 site visits. 1,South Entry. No change from previous site observaVon report dated 20 JUN 03, 2.Administration building-, A-seetfon:Although the schedule shows 04 JUL 03 as completion and final cleanup for the Administration Building,there are numerous activities that are incomplete or have not yet started.As noted previously,there is little activity In this area.Floors and ceiling remain unfinished. No casework present, The foyer still neods sanding and painting, Metal pane#s at read level remain periwinkle blua,despite acceptance of contractor's field painting proposal to old town gray.No AC units on roof.From the March 2003 schedule,it appears the work In this area Is also several months behind. 8-section;As noted previously,schedule shows work in this area completing on 26 MAY 03.There is little activity in this area. Similar to the status of the work in A-section, the finish work (painting, cellings, floors etc.) remains incomplete in varying stages. Work in l'�ecelvingMolease pertaining to Information Bulletin No.5 is incomplete, Appmrs Contractor is using this portion of the administration building as a material storage area.This may be the reason there is little activity happening In this area. Casework not installed. Calling grid Installed. 'Work on roof still Incomplete, Prep work for seating flashing cape at mechanical screen begun.AC units not installed.Exhaust fens partially Installed.It appears work In this area Is 1 month behind. C-secWn.,As noted previously,schedule shows want In-this area completing on 13 JUN 03. Appears Contractor is using the Kitchen Area as a material storage area.This may be the reason there is Iittle activity in this area,Stainless Steel wal#covsting not Installed.Sliding door hood's Installation remains Incomplete with wiring exposed.The walls at send floor Central Control are near completion.No calling work Installed at second floor,fainting Incomplete.The H4 stair remains Incomplete!.The stair remains unroofed.The exterior stair walls remain unfinished.No metal panel installation.$ome exhaust farts Installed on roof. It appears work in this area is also 1 month behind. 18attyportr No change from previous site observation report dated 20 JUIN 03. 4.Housing Unit: D t E=seciYons;The discrepancy between the schedule and actual activities Is significant.the sohoddule shows finish work (callings, painting, framing, furring) occurring at this time. There is no finish activity occurring, Appears mechanical and plumbing work In plumbing uses is complete at fft floor,Masonry Continues slowly up to parapet Brevet,Scaffolding removed Jun-3 J U:3 16:55; page 3!4 KAPLAN McLy G D 222 VALLEJO STREET*SAN FRANCISCO,CA 94111 415,398.6191/FAX 416.394.7166 SITE 0 ERVATION REP T at Z-lina, Noticed preliminary clean up of decorative block. Floof beams Installed. Beam pockets complete. No hardware Installation at first or second floors, Hoof docking not installed.Because the decking is not installed,numerous roof activities are behind schedule.Basel upon the roofing activities, It appears work In this area is a month and a half behind and slipping. F t G-sec&ns.Similar discrepancies between the schedule and activities in this:area of work as well.The schedule shows finish activities(ceilings,painting,framing,furring)at the interior and roofing activities at the exterior.Actual work taking glace In this area consists mainly of CMU up to team packet level.Steil roof beams not Installed at high root,No roof decking Installed, Based on the masonry and steel activities,it appears work In this area Is several months behind and slipping. OBSERVATIONS: Include site meeting with Wally MacMlllan/KMD. Includes site meeting with Ken Carnpbel T`ho Crosby Group.Includes discussion on site with mason about color and texture inconsistencies In exterior decorative bock at Z-line In C+E sections In the housing unit, 1.Conversations with mason on site regarding gray coker inconsistencies revealed the probable cause of the block staining. Mason stated at the time of the second flour slab pour the concrete spilled over onto the face of the block,It is unknown how long the concrete remained can the face of the block before It was removed. In all likelihood,it was the concrete spillage that stained the block.The gray discoloring Is prominent at sections D&E, It Is unknown how sections F&G have been effected. We recomrnond the Contractor explore every means of remedial work short of removing the wall,We do not recommend the removal of the wall.We recommend the Contractor propose fix to remove gray discoloring. It the dlscoloriang were smaller In scope,replacing face shells would be an acceptable remedy.As the extent of the d1scoloring lis several courses over a large stretch of wall,replacing face shells is not an acceptable solution to the gray discoloring.As the wall has already been sandblasted, we do not recommend sandblasting as a mean for removing the gray discoloring. Additional sandblasting Is likely to damage the block. 2. Observed a high number of chipped 4" block. The carriers of the 4" black have been damaged throughout. Damaged surfaces of 4'block are unacceptable(04300-3,02E).We reoommend the Contractor propose fix to repair oh#ppedldamaged e block, 3. Observed a high number of chipped 8"block at iambs of opanings for mesh/tube steel at Outdoor recreation areas. It appears the black at these locations was damaged In the Installation of the tube steel frame supports.Damaged surfaoss of 8" block ate unacceptable(04300-3.028).We recommend the Contractor propose f ix to repair chippedldamaged 8"block at}anbs of openings for mesMube steel at Outdoor Recreation areas. Replacing face shells is acceptable provided there are not additional mortar joints rersviting from the fix, 4. See site observation report number 17, bated 20 JUN 03 for additional comments pertaining to color and texture lnoossistenoles. s,._.... ...,..� ... .... ......s$ ------ ...>.vt we v,s-uv�vwr tv>Wtvy I—ova 4/'t a q KAPLAN-MoLAUGHLIN-DI 3Z 222 VALLEJO 9'REET .SAN FRAKIS0 a,GA 94111 ,415.39&51911FAX 415.394.71#8 S1TE0B_$f&XAT12N REPORT S. Damaged~mall In second floor C-stiction (0221) noted in site observation report number 17, dated 20 JUN 09, has been repaired,Observed a new rectangular portion of gypsum wall board where the damaged area was.Unsure if the extent of mold has been removed because the wall has been painted.Recommend Contractor confirm/verify mold has been removed from wall before finishing work In this area. 6.Metal panels located at corner of Sa€lyport soffit are"pinched'.The panel faces are not plumb.It appears the surfaces Indent towards the center of the panel.This comer of tt"Sallyport has a high degree of Aslbil€ty from the public, The"pinclied'panels look damaged. This Is unacceptable, Recommend Contractor propose fix to correct"pinched'panels. 7.Cbswrved Incorrect Installation of insulation and waterproofing at foundation wail at gridline 70.The insulation boards and sheet membrane waterproofing have come detached near the top of the wall. The boards are unprotected to the elements. Unsure It boards are still usable,Recommend Contractor following manufacturers recommendation in determining If Installed worts Is still good. Recommend remove/repair work In this area prior to backfilling. Recommend Contractor follow manufacturer's recommendation in rornoval/repairtreinstallation of Insulation and water proofing at foundation at wall at cgridins Tia. S.Observed ledgers installed over control joints In CMU wall at several locations(E-section-Z-line,several locations In housing unitcorridor). Ledgers,are not to run over control joints.Ledgers shall stop short of the control joint and boff per the structural drawings. pix will require either cutting or replacing ledger angles & reboiling. We recommend Contractor propose fix to repair/replace ledgers as requited. S.Observed a missed control joint In the housing unit corridor at the second floor along gridline T Control Joint starts above calling height. Conversations with Inspector Indicate the control joint was misted at the beginning of the second floor. R000mmand contmo5tor propose fix for locating control joint. 10.Observed painted detention doors in administration building on second floor corridor B-sectlon with heavy stippling.The stippling patterns on serene of the doors at this location.As work progresses,we recommend Contractor propose fix to remove excessive stippling at doors at this location. 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