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Home My WebLink AboutRESOLUTIONS - 01012005 - 2005-226 WIN RECORDED, RETURN TO ' GENERAL SERVICES IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII DEPARTMENT, capITAL _ CONTRA COSTA Cc PROJECTS MANAGEMENT :.� Recorder Office DIVISION STEPHEN L. WEIR Clerk-Recorder DSC— 200 —0 1 54478-00 Monday, MAY 02, 2008 31:43:54 CPM File: 305-0102/A.5 FRE $0.00 Ttl Pd $0,00 Nbrw@60267501 lrc/R9/1-9 BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA In the Matter of Accepting and Giving ) RESOLUTION OF ACCEPTANCE Notice of Completion of Contract with } and NOTICE OF COMPLETION Tinney Construction Corporation ) (Civil Code §§ 30869 3093) (Original Contractor) ) Budget Line Item No. 4423-4457 ) RESOLUTION NO. 2005/1a?R Authorization No. 0928-WH457B ) The Board of Supervisors RESOLVES THAT: The County of Contra Costa, on May 13, 2003, contracted with Tinney Construction Corporation for the First and Second Floor Remodel and Parking Lot Expansion at 1650 Cavallo Road, Antioch for the Employment and Human Services Department, Budget Line Item No. 4423-4457, Authorization No. 0928-WH457B, with Travelers Casualty and Surety Company of America as surety, for work to be performed on the grounds of the County; and The Director of General Services reports that said work has been inspected and complies with the approved plans and specifications, except for certain punchlist items that remain to be completed, and recommends its acceptance as complete as of April 19, 2005 and recommends the withholding of sufficient funds to cover the remaining punchlist work and liquidated damages; Therefore, said work is accepted as recommended above, and the Clerk shall file with the County Recorder a copy of this Resolution and Notice as a Notice of Completion for said contract; and the Director of General Services is directed to withhold monies sufficient to cover the remaining punchlist work and liquidated damages. PASSED BY THE BOARD on April 19, 2005, by the following vote: AYES: GIOIA, PIEPHO,PESAULNIER, GLOVER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN:NONE Page 1 of 2 CERTIFICATION AND VERIFICATION certify that the foregoing is a true and correct copy of a resolution and acceptance duly adopted and entered on the minutes of this Board's meeting on the above date. I declare under penalty of perjury that the foregoing is true and correct. Dated: April ,�_, 2005 John Sweeten, Clerk of the at Martinez, California. Board of Supervisors and County Admi istrator By Originator: General Services Department— Capital Projects Management Division Ccc: General Services Department Capital Projects Management Division Accounting CPM File: 305-0102/A.5 County Administrator Auditor-Controller County Counsel Employment & Human Services Dept. Contractor (via CPM) Surety (via CPM) Consultant (via CPM) Page 2 of 2 CONTRA *COSTA COUNTY 6 k General Services Department Barton J.Gilbert Director F -CAPITAL PROJECTS MANAGEMENT 12.20 Morei.lo Av.e :nue., Suite 100 Mickey Davis r..; Deputy Director ' Martinez,�:Colifornia 94553-4711 (925) 313-7200 Phone Michael J.Lango (9 2 5) 313-7299 Fax Deputy Director Rob Lim,PE Manager VIA FAX AND CERTIFIED MAIL,RETURN RECEIPT REQUESTED April 7,2005 Tinney Construction Corporation Attn: Aidan Tinney 575 Price Avenue,Unit C Redwood City, CA 94063 SUBJECT: FIRST & SECOND FLOOR REMODEL AND PARKING LOT EXPANSION AT 1650 CAVALLO ROAD, ANTIOCH FOR THE EMPLOYMENT AND HUMAN SERVICES DEPARTMENT(WH457B) F Mr. Tinney: Despite written and oral notices from the County, and despite many promises from you, you have failed to complete the punchlist items within a reasonable time. In fact, you have not even completed the punchlist items necessary for occupancy (Substantial Completion) and have not completed the final County building inspection items. Moreover, more than a month ago, you removed your superintendent/foreman from the project site in violation of Section 11.0 of the General Conditions. p P J Also, the project is more than one year late(it should have been completed by March 30, 2004). The present situation, in which little progress is being made to complete the punchlist items, is intolerable and requires your immediate attention. Pursuant to Section 11 of the Construction Agreement, the County notifies you that, within 10 days of the date of this letter (i.e., on or before April.18, 2005), you must return your superintendent/foreman to the j obsite and must resume work with sufficient materials and workers to complete the remaining punchlist work (see enclosure) without delay. If you fail to return your superintendent/foreman to the jobsite or fail to resume work with sufficient forces or materials by the April 18 deadline, the County will proceed, without further notice, to have the remaining work done and to deduct the cost from the contract balance. Please note that, even if you meet the April 18 deadline, the remaining punchlist work must be completed without delay and in no event later than April 28. In other words, it is not satisfactory for you or a subcontractor to send a crew out to work for a day or two and then stop. To prevent this from happening again, you must submit a revised schedule before returning to the jobsite. Should work thereafter cease, should you otherwise deviate from the revised schedule, or should you fail to complete all punchlist work by April 28, the County will proceed, without further notice, to have the remaining work done and to deduct the cost from the contract balance. f i f i ; i r i i k LF y t E - April ?,2005 � Tinney Construction Corporation FIRST AND SECOND FLOOR REMODEL AND Page 2 of 2 PARKING LOT EXPANSION AT 1650 CAVALLO ROAD, ANTIOCH FOR THE EMPLOYMENT AND HUMAN SERVICES DEPARTMENT Even though the project is not complete and is not yet ready for occupancy, the County is taking steps to accept the project as complete subject to the remaining punchlist work (see enclosure). The board of supervisors will consider the acceptance at its April 19 meeting. Normally, the County does not accept projects until all work is complete or until the contractor signs a withhold letter covering any remaining punchlist items. In this case, the project is not complete, and you have not signed the withhold letter proposed by the County. However,with the project more than a year late and the work virtually stopped for an extended period, the only sensible solution is for the County now to accept the project as complete with the above deadlines for you to resume work at the jobsite and complete the punchlist work. Given the seriousness of the present situation,we are again notifying your bonding company(Travelers) of the above delays and breaches. Should you or your bonding company fail to take appropriate action by the above deadlines, the County's expenses, including liquidated damages, may exceed the unpaid contract funds. If so, the County reserves the right to recover all expenses and damages, including additional liquidated damages,owed to the County. We urge you and your bonding company to take advantage of this last opportunity. Failure to do so will result in more damages to the County,and may result in legal action. Sincerely, ZRob Lim,P.E. Capital Projects Division Manager RL:tb Enclosure cc: Leonidou &Rosin Attn: Patricia Walsh(Fax and U. S. Mail) Sedgwick, Detert,Moran&Arnold LLP Attn: James P.Diwik(Fax and U.S. Mail) St. Paul Travelers Trish Gilfoil (Fax and U.S.Mail) Silvano B. Marchesi, County Counsel Attn: David F. Schmidt,Deputy County Counsel John Cullen, Director,Employment&Human Services Attn: Mike Jameyson Attn: Larry Jones General Services Attn: Mike Lango Attn: Les Richardson Attn: Jess Adame File: 305-0102/C.1.1 HA2001\3050102101 B002388r.doc s I • b To Be Countv Building Dept..- List of Correction Items For Tinney-3-16-2005 ' Completed by: Tinney 1.) Adjust exit doors for back check. Tinney to adjust for ADA push and pull pressures. Tinney 2.) Grate for drain @ ramp landing -openings are greater than 1/2". Tinney to replace grate per ADA approved grate opening size. Tinney 3.) Obtain Fire Dept. approvals. Main entry doors need to be activated in order to initiate the Fire Dept's inspection. Tinney 4.) Automatic door opener @ storefront doesn't work. Tinney needs storefront door subcontractor to correct. Tinney 5.) Women's and Men's Bathroom do not meet accessibilty requirements-Center line of toilets to finish wall must be 18"exact. Maximum height of lavatory is 34". Maximum height of soap dispenser is 34". Countertops and sinks were removed and reinstalled. Tinney 6.) Maximum height of Kitchen countertop must be 34". Countertop and sink were removed and lowered to 34". Tinney 7.) Provide insulation on tail-piece& p-trap underneath kitchen sink. Tinney 8.) Label service &all sub panels throughout. Tinney to complete. In progress. Tinney 9.) Pedestrian ramps must be a minimum width of 48". Tinney 10.) Men's and Women's Bathrooms on 1 st. &2"d floor must meet accessibility requirements for persons of disabilities: 18u exact from centerline of toilet to finish wall. Rim of urinal maximum of 17" height&flush handle 44" height maximum. Soap dispenser's 40"maximum height. Install mirrors in all Bathroom's 40" maximum height. All corrected, except urinal. Urinal correction in progress. Tinney 11.) Install insulation on all tail-piece& p-trap @ Coffee Rooms. Tinney 12.) Caulk around base of all toilets—1St. &2'. firs. _ I Tinney 13.) Countertops at Coffee Rms. exceed 34". Countertops and sinks have been lowered to comply. Tinney 14.) Permit approvals and certification required from the State regarding installation of new boiler. Tinney to obtain State certification. Tinney 15.) Accessible parking stalls must be 9' x 18'. Tinney 16.) Fire caulk penetrations in walls&ceiling in Boiler Rm. with 624,000 BTU boiler. i I s s 'r i r' i March 30, 2005 E l f E Aiden Tinney Tinney Construction Corp. 575 Price Avenue, Unit C Redwood City, CA 94063 E Subject: CCC- 1650 Cavallo Road Office Remodel 2000-077.01 � Updated Punchlist Dear Mr.Tinney: f The site was visited on March 28,2005.The following items reflect those that are in variance with the Contract Documents and/or remain to be done or completed: f t General Comments i 1. Closeout documents including as-built drawings and maintenance manuals have not been received. 2. Some of the electric strikes on doors have not been completed on three doors. E 3. Lockset missing from one supervisor's office. t First Floor r Door 1 l 4: Missing electrical hin e,el-mech latch, connection to card reader, 4. Do g 9 astragal, and coordinator. 5. Door 115: Recessed floor mat is missing. t 6. Door 116: Recessed floor mat is missing. 7. Door 116: Gaps exist between door frame and finish. Apply exterior sealant and finish interior joint. 8. Door 119: Missing cylinder,electric strike, and connection to card reader. 9. Door 135: Strike plate missing from pocket door. 10. Rooms 1 l 4 and 115--Toilets: Mirrors are missing. ' southwest corner: Remove excessive paint on window 11. Supervisor s Office, south es sill trim. 12. Door 116: Clean metal framing. 13. Bulletin board missing. Aiden Tinney March 30, 2005 Page 2 Second Floor i j 14. Door 203: Hinge missing. 15. Rooms 216 and 217—Toilets: Mirrors are missing. f E Exterior i 16. At stair guardrail, concrete slab is badly cracked at guardrail post. 17. Top of guardrail at exterior stair has paint peeling from scraping. i i 1 Electrical i i 18. Devices have thermoplastic cover plates. Thermoplastic cover plates were P I rejected in Submittal No. 20 on 10/29105. Provide"Nylon" cover plates or provide credit to the County for the difference. k 19. Office 202: Provide blank cover plate for open j-box behind furniture f adjacent to door(access blocked by furniture). 20. Second floor electrical room: seal open cores through floor;this is a fire f i hazard. s r mechanical room: seal a 21. Second floor en cores through floor.p Mechanical • improperlyinstalled. 22. Condensate drain pipes and P-traps at rooftop units are A minimum 2 inch differential must be maintained between the unit drain connection and the traparm. (Some have been repaired, but others remain.) � 23. Install ID label on temperature control panel. , i Plumbing 24. Urinals do not flush and drain properly at men's toilet room on first floor. 25. Urinals at second floor men's toilet do not flush and drain properly.Adjust E flush valve as required. Landscape i Landscape items from the February26,2005 punchlist from Vallier Design still remain. Sincerely, Charles L. Beavers, AIA cc: Jess Adame