HomeMy WebLinkAboutMINUTES - 04021996 - C13 y
TO: BOARD OF SUPERVISORS
•
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: April 2, 1996
SUBJECT:. ASSESSMENT OF LIQUIDATED DAMAGES UNDER CONTRACT WITH PRIMECON FOR T-
HANGAR CONSTRUCTION AT THE CONTRA COSTA COUNTY BYRON AIRPORT;
ACCEPTANCE OF PROJECT WORK AS COMPLETE
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
A. EXTEND the contract completion date for the above-named project by 37 calendar days from
October 7, 1995, to November 13, 1995.
B. ASSESS liquidated damages in the amount of $15,750.00 for the period from November 14,
1995, through December 15, 1995, and DIRECT the Auditor-Controller to deduct said amount
from the final payment.
C. ACCEPT the construction of the above-named project as complete as of December 15, 1995.
D. ADOPT the attached Resolution of Acceptance and Notice of Completion and DIRECT the Clerk
of the Board to file with the County Recorder a copy of the same.
II. Financial Impact:
The assessment of liquidated damages would result in a credit of$15,750.00 to be applied to the capital
project account for this project.
III. Reasons for Recommendations and Background:
A. On April 25, 1995, the Board of Supervisors awarded a contract to Primecon for the above-
named project.
B. A notice to proceed was issued to Primecon establishing the first chargeable day as May 11,
1995, and the contract completion date as October 7, 1995.
Continued on Attachment:X SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR _RECII)IMMENDATION OF BQXRD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON April 2, 1996 APPROVED AS RECOMMENDED X OTHER
IT IS BY THE BOARD ORDERED that Resolution 96/136 is ADOPTED.
VOTE OF SUPERVISORS
XUNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
HEW:DRA:kd I hereby certify that this is a true and correct copy of
c:B02b.t4 an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: Anri 1 2., 1 AA
Orig Div:Airports(Contact-H. Wight 646-5722) PHIL BATCHELOR,Clerk of the Board
cc: County Administrator of Supervisors and County Administrator
Public Works Director
Public Works Accounting BY Deputy
Auditor/Controller
Aviation Advisory Committee
Federal Aviation Administration
D. Awenius,Airport
ASSESSMENT OF LIQUIDATED DAMAGES WITH PRIMECON
April 2, 1996
Page Two
C. Due to various delays, the actual completion of the contract did not occur until December 15,
1995, (i.e., 69 calendar days late). As a result, County staff (Airport Administration) notified
Primecon of the County's intention to grant a time extension of six (6) calendar days and to
assess liquidated damages of$31,500.00 for the remaining 63 calendar days.
D. Primecon objected to the proposed assessment of liquidated damages and requested a total time
extension of 69 calendar days (i.e., until December 15, 1995). Pursuant to Section 33 of the
General Conditions, Primecon requested that the disagreement over liquidated damages be
finally determined in writing by the Supervising Architectural Engineer, General Services
Department (Robert D. Hill).
E. After thoroughly reviewing the matter, Mr. Hill issued a written report on February 16, 1996, (see
attached). In his report, Mr. Hill determined that Primecon was entitled to a time extension of 37
calendar days, but was subject to liquidated damages of $15,750.00 for the remaining 32
calendar days because the delays by Primecon were not excusable.
F. Based on the final determination of this issue, the Public Works Director recommends that the
contract completion date be extended by 37 calendar days from October 7, 1995, to November
13, 1995.
G. The Public Works Director also recommends that, pursuant to Section 5 of the Construction
Agreement, Section 7.13 of the General Conditions and Section 1-1.08 of the Special Conditions,
liquidated damages be assessed against Primecon in the amount of $15,750.00 for the 32
calendar days from November 14, 1995, to December 15, 1995, and that said amount be
deducted from the final payment.
IV. Consequences of Negative Action:
The constructed improvements will not be accepted, and liquidated damages will not be assessed.