HomeMy WebLinkAboutMINUTES - 03091993 - 1.16 1 -16 345-8503/C. 1 . 1
TO: r BOARD OF SUPERVISORS sF..�.
•=--= � Contra
BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES
FROM: Costa
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MARCH 9, 1993 �. County
DATE: r4'COU.
SUBJECT: CONSTRUCTION CONTRACT FOR EL PUEBLO DAY CARE CENTER, PHASE II,
1760 CHESTER DRIVE, PITTSBURG; AUTHORIZATION TO FILE AN
INTERPLEADER ACTION (WH328F)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I . RECOMMENDATION
AUTHORIZE County Counsel to file an interpleader action of
$10,016 . 88 in unused construction contract funds; DIRECT the
Auditor Controller to issue a warrant for deposit with the
Contra Costa County Superior Court.
II . FINANCIAL IMPACT
The interpleader amount comprises encumbered but unused
original construction contract funds in the plant acquisition
account for this project.
III . REASONS FOR RECOMMENDATIONS/BACKGROUND
A. On June 25, 1991, the Board awarded a construction
contract for the E1 Pueblo Day Care Center, Phase II
project, located at 1760 Chester Drive, to Facchini
Enterprises, Inc. ( "Facchini" ) .
B. . On May 19, 1992 the Board terminated and cancelled
Facchini ' s rights under the contract for failure to supply
sufficient materials and workers to complete the project
work; failure to pay its subcontractors, material
suppliers and workers; failure to obtain and pass required
building code inspections; violation of the Subletting and
Subcontracting Fair Practices Act; and failure to provide
insurance coverage. Also, Facchini 's contractor's license
had been suspended and a licensee is not entitled to
operate during a period of suspension.
X
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CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON MAR 9 1993 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES:
(M NOES: AND ENTERED ON THE MINUTES OF THE BOARD
OOflLTd nm1QL - OF SUPERVISORS ON THE DATE SHOWN.
General Services Dept. : Architectural MAR 9 -1993
CC: Accounting ATTESTED
PHIL BATCHELOR,CLERK OF THE BOARD OF
County Administrator: D. Bell
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
Auditor-Controller
Consultant (Via A/D)
M382 Cpwunity Development Dept. (Via A/D) BY DEPUTY
34503B02 .24A RH:SJ: ls Page 1 of 2
Board of Supervisors 345-8503/C. 1 . 1
CONSTRUCTION CONTRACT FOR EL PUEBLO March 9, 1993
DAY CARE CENTER, PHASE II, 1760
CHESTER DRIVE, PITTSBURG; AUTHORIZATION
TO FILE AN INTERPLEADER ACTION
C. On May 19, 1992 the Board also found that an emergency
existed and authorized the Director of General Services to
proceed in the most expeditious manner to complete
construction of the project. The Director executed a
contract effective May 19, 1993, with William Dahn
Construction for completion of the defective and incomplete
work of the original contract.
D. On August 11, 1992 the Board accepted as complete the
contract with William Dahn Construction for a final cost of
$107, 084 . 89, leaving a $10,016 . 88 balance of encumbered but
unused original construction contract funds .
E. To resolve numerous conflicting claims of unpaid original
subcontractors and material suppliers it is necessary for
the County to file an interpleader action.
34503B02 .24A
GB: ls
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