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HomeMy WebLinkAboutMINUTES - 07182000 - C157 TO: `BOARD OF SUPERVISORS CONTRA . Fw_ COSTA FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR COUNTY DATE: July 18, 20100 SUBJECT: Juvenile Hall Renovation, Tamalpais Wing, 202 Glacier Drive, Martinez (WH399B) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S) 1. DETERMINE that the emergency action taken by the Board on August 10, 1999 to complete the Juvenile Hall Renovation, Tamalpais Wing project at 202 Glacier Drive, Martinez, is concluded pursuant to Public Contract Code Sections 22038 and 22050, 2. ADOPT Resolution accepting the contracted work performed by Taber Construction for the addition to the Juvenile Hall, Tamalpais Wing, 202 Glacier Drive, Martinez, Budget Line Item No. 4413-4399, Authorization No. 0928-WH399B. 3. AUTHORIZE the Clerk to file with the County Recorder a copy of this Resolution as a Notice of Completion for said contract. FINANCIAL IMPACT Funding for this project has been budgeted. Per the Board's authorization on August 10, 1999, County Counsel is pursuing appropriate legal remedies against Patrick M. Donaghue, Insurance Company of the West and any other parties responsbile for damages and expenses incurred by the County in excess of the previous construction contract balance. BACKGROUND 1. On December 1, 1998, the Board awarded the construction contract for the Juvenile Hall Renovation, Tamalpais Wing (Tamalpais) project, located at 202 Glacier Drive, Martinez to Patrick M. Donaghue (Donaghue) for $1,034,570. The contract required the placement of a considerable amount of exposed concrete within specified tolerances, consistent with industry standards. CONTINUED ON ATTACHMENT: X YES SIGNATUF�:-4� RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATIO OF BOARD COMMITTEE DROVE OTHER SIGNATURE(S) Y: s ACTION OF BOAR JlTLy1 s, 2 APPROVED AS RECOMMENDED �,I OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS(ABSENT" _. •_ _ } TRUE AND CORRECT COPY OF AN AYES:_ _ NOES; ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED JULY 18� 20007 PHIL BATCHELOR,CLERK OF HE BOARD OF UP VISORS BY ,DEPUTY 2. Donaghue performed extensive concrete work that was seriously defective. The resulting work threatened to compromise the security and appearance of the facility. Donaghue repeatedly failed to either remove the defects or develop a viable plan for their correction. Can August 10, 1999, the Board declared Donaghue to be in material breach and terminated Donaghue's rights under the contract. 3. On August 10, 1999, the Board declared that, due to the public safety threat posed by the temporary closures at the project, and due to the possible loss of state grant funding, a state of emergency exists. Furthermore, the Board delegated authority to the County Administrator or designee to complete the project and to enter into contracts without the need to re-solicit competitive bids, 4. The County received the bonding company's (Insurance Company of the West; "ICW') response to the County's claim on November 5, 1999. In its response, ICW recognized the seriousness of the defective work and recognized that it likely will cost the County at least $510,985.05 over and above the contract price to fix the defective work. Despite this, ICW gave two unreasonable alternatives to the County-either accept back the original contractor (Donaghue) who did the defective work or accept a "low ball" payment of $118,004.31. ICW's bad faith response amounts to a rejection of the County's claim, Therefore, the County is left with no viable choice but to hire its own contractor to properly complete the contract work in strict accordance with the plans and specifications. This will involve removing the defective construction down to the slab and rebuilding the concrete from that point up. 5. On November 30, 1999, the County Administrator's Office executed a contract with Taber Construction of Martinez and Reliance Surety Company, the bonding agency, for the completion of the project, and issued a Notice to Proceed effective December 8, 1999. The contract amount is $1,198,435. 6. The County Administrator reports that said work has been inspected and complies with approved plans and specifications, and recommends its acceptance as substantially complete as of July 18, 2000. 7. The Board of Corrections, Contra Costa County Building Inspection Division and the Contra Costa County Fire Marshal has accepted the work and granted occupancy. Contact: George Roemer, CAO--County Construction Administrator (5-1055) cc: CAO Finance Auditor/Controller GSD (Accounting)--Terry Mann O'Brien-Kreitzberg Inc. (via CAO) Consultant (via CAO) WHEN RECORDED,RETURN To CLERK, 13rARD©F SUPERVISORS CONTRA COSTA Co Recorder Officei STEPHEN C, IEIR, Clerk-Recorder DOC-- Z�100�-0153116-00 Check Number T, JUL 20, 2000 11:00:20 FRE $0.00 Ttl Pd $0.00 Nbr-0000040400 !ro/R0/1-9 BOARD OF SUPERVISORS,CONTRA COSTA COUNTY,CALIFORNIA In the Matter of Accepting and Giving ) RESOLUTION OF ACCEPTANCE and NOTICE Notice of Completion of Contract with ) OF COMPLETION Taber Construction ) (C.C.§3086,3893) Budget Line Item No. 4413-4399 ) RESOLUTION NO. 2000/354 Authorization No.0928-WH399B ) The Board of Supervisors RESOLVES THAT: The County of Contra Costa on November 30, 1999, contracted with Taber Construction for the completion of the addition to Juvenile Hall, Tamalpais Wing, 202 Glacier Drive, Martinez, Budget Line Item No. 44134399, Authorization No 0928-WH399B, and with Reliance Insurance Company as surety,for work to be performed at the Juvenile Hall site;and The County Administrator reports that said work has been inspected and complies with the approved plans and specifications and recommends its acceptance as complete as of July 18,2000; 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. PASSED BY THE BOARD on July 18,2000 by the following vote: AYES: SUPERVISORS UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER NOES: NONE ABSENT; SUPERVISOR CIOIA CERTIFICATION and VERIFICATION I certify that the foregoing is a true and correct copy of a resolution and acceptance duly adopted and entered on the minutes of the Boards'meeting on the above date. I declare under penalty of perjury that the foregoing is true and correct. Dated:—JULY 18, 2000 Phil Batchelor,Clerk of the At Martinez,California.. Board of Supervisors and County Administrator By Originator: County Administrator's Office cc: County Administrator's Office Auditor-Controller General Service Department-Accounting Contractor(Via O'Brien Kreitzberg) Surety(Via O'Brien Kreitzberg) County Recorder Page I of 1 RESOLUTION No: 2000/.3.54