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Home My WebLink AboutMINUTES - 04192005 - C68 TO: BOARD OF SUPERVISORS CONTRA A FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES, COSTA DATE: APRIL 19, 2005 COUNTY SUBJECT: ADOPT RESOLUTION OF ACCEPTANCE AND NOTICE OF COMPLETION AND LEVY LIQUIDATED DAMAGES FOR THE FIRST AND SECOND FLOOR REMODEL AND PARKING LOT EXPANSION AT 1650 CAVALLO ROAD, ANTIOCH FOR THE EMPLOYMENT AND HUMAN SERVICES DEPARTMENT (WH457B}; District V. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION 1 ADOPT the Resolution of Acceptance and Notice of Completion for the above project and DIRECT that the Clerk of the Board record it no later than April 29, 2005. 2. If the contractor has not completed the punchlist work by the deadlines set forth in the County's April 7, 2005 letter, DIRECT that the General Services Director proceed to complete the punchlist work expeditiously and that the expense be deducted from the contract balance. 3. LEVY liquidated damages of $385,000 pursuant to the construction contract for the contractor's 385-day delay in completing the project between March 30, 2004 and April 19, 2005, together with additional liquidated damages of $1,000 per day until the above project is ready for occupancy. FINANCIAL IMPACT Any costs necessary to finish the punchlist work will be covered by funds deducted from the contract balance. To the extent that the contract funds are not sufficient to cover all expenses, including liquidated damages, the County presumably will be able to recover the additional amount from the contractor and/or the contractor's bonding company. CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD.COMMITTEE -APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED VOTE OF SUPERVISORS UNANIMOUS(ABSENT AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT:BARTON J.GILBERT(313-7100) Originating Dept.:General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE cc: General Services Department AND CORRECT COPY OF AN ACTION TAKEN Capital Projects Management Division AND ENTERED ON THE MINUTES OF THE BOARD Accounting OF SUPERVISOR:SON;,THrEj;�4E SHOW CPM File: 305-0102/C.1.1 ATTESTED County Administrator's Office JOHN SWEE_ CLERK ERK OF THE BOARD OF SUPERVISORS County Counsel AND COUNTY ADMINISTRATOR Auditor Controller Employment and Human Services Department(via CPM) B Y DEPUTY Tinney Construction Corporation(via CPM) Travelers(via CPM) H:\Cavallo\Board order 4-19-05.doc RLtb Page 1of 2 M382(10/88) s ADOPT RESOLUTION OF ACCEPTANCE AND NOTICE April 19 2005 OF COMPLETION AND LEVY LIQUIDATED DAMAGES FOR THE FIRST AND SECOND FLOOR REMODEL AND PARKING LOT EXPANSION AT 1650 CAVALLO ROAD, ANTIOCH FOR THE EMPLOYMENT AND HUMAN SERVICES DEPARTMENT BACKGROUND 1. On May 13, 2003, the Board awarded the construction contract for the First and Second Floor Remodel and Parking Lot Expansion at 1650 Cavallo Road, Antioch, to Tinney Construction Corporation (TCC) of Redwood City, California. The contract required completion within 180 calendar days from the starting date. On July 14, 2003 a notice to proceed was issued with a starting date of July 16, 2003 and a contract completion date of January 12, 2004. Due to necessary additional work on the project, the completion date was revised by change order to March 30, 2004. 2. TCC has not performed in a timely manner but has completed the construction to a point where . the project almost is ready for occupancy. Before occupancy can be obtained, certain punchlist items must be completed and a final building inspection and fire inspection must be completed. 3. The General Services Department repeatedly has notified TCC and its bonding company p Y (Travelers) of the delays in completing the project and has demanded that TCC and Travelers take action to complete the project without further delay. Despite numerous promises to complete the punchlist work expeditiously, TCC has removed its project superintendent/foreman prematurely from the project in violation of the construction contract and has failed to complete the remaining punchlist work in a reasonable timeframe. As a result, the punchlist work, which should have taken a short time to complete, has languished with no imminent end in sight. 4. On April 7, 2005, pursuant to the construction contract, the General Services Department sent a ten-day notice to TCC (see attached copy). In that letter, the County demanded that TCC return the project superintendent/foreman to the project site and resume work on theunchlist items b p Y April 18, 2005. If TCC meets the April 18 deadline, the letter further demanded that TCC complete all punchlist work no later than April 28, 2005. 5. Under the circumstances, the General Services Department recommends that the Board adopt the attached Resolution of Acceptance and Notice of Completion, thereby accepting the project p g as complete subject to the remaining punchlist items. If TCC has not completed the punchlist . work by the deadlines set forth in the County's April 7, 2005 letter, the Department further recommends that the Board direct the General Services Director to complete the punchlist work expeditiously and to deduct the expense from the contract balance. 6. Given TCC's long delay in completing the project, despite numerous promises to complete the . . p p work expeditiously, the General Services Department recommends that the Board levy liquidated damages against TCC and Travelers. Pursuant to the construction contract, TCC and Travelers are responsible for $385,000 in liquidated damages (385 days x $1,000/day) for the delay in completing the project from March 30, 2004, when the project should have been completed, to April 19, 2005. If the project is not ready for occupancy by Aril 19, TCC and Travelers are responsible for additional liquidated damages of$1,000 per da until the project is ready for occupancy. p Y p J CONSEQUENCES OF NEGATIVE ACTION The project would continue in its present state, with no assurances that the punchlist work would be completed in a proper and timely manner. It is likely that the project funding would be adverse) . g Y affected by overlapping debt service and rent payments at existing leased facilities, and by extended project management, consultant, and legal costs. RL:tb Attachments H:1Cavallo\Board order 4-19-05.doc Page 2 of 2 M382(10/88) WHEN RECORDED, RETURN TO ' GENERAL SERVICES IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII DEPARTMENT, CAPITAL PROJECTS MANAGEMENT CONTRA COSTA Co Recorder Office � DIVISION � STEPHEN L. WEIR Clerk-Recorder DSC— 2005-0 1 54478-00 Monday, MAY 02, 2005 11:43:54 FRE ae.0e CPM File: 305-0102/A.5 Tt1 Pd $@,0@ Nbrm@@02675424 1rcIR9f1-9 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/�a?,Q 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: GIQzA, PIEPHO,PESAULNIER, GLOVER AND UILKEMA NOES: NONE ABSENT: NONE ABSTAIN:NONE Page 1 of 2 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 this Board's meeting on the above date. I declare under penalty of perjury that the foregoing is true and correct. Dated: April Z2 _, 2005 John Sweeten, Clerk of the at Martinez, California. Board of Supervisors and County Admi istrator By 4011 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 f, i r i E CONTRA *COSTA COUNTY General Services Department Barton J.Gilbert :z Director E CAPITAL PROJECTS MANAGEMENT Mickey Davis 1220 Morel.l,o A enue., Suite 100 for F ''� Deputy Director Mar#ipez, California 94553-4711 (925) 3'13-7200 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) Mr. Tinny: 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 punchlistoccupancy items necessaryfor (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.C of the General Conditions. 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 (La, on or before April 18, 2005 , you must return our superintendent/foreman erintendent/foreman to the jobsite and must resume work with p ) y Y p 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. i i t ii 1 i i t i F 1 t F £ { Tanney Construction Corporation April 7,Zoos 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 project accept the 'ect as complete subject to the remaining punchlist work (see enclosure). The board of p 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 HA12001\3050102101 B002388r.doc i r b . F i 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"* 4". 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. &2nd. floor must meet accessibility requirements for persons of disabilities: 18"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"d. 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. ' i Tinney 15.) Accessible parking stalls must be 9' x 181 . 3 i i 1 Tinney 16.) Fire caulk penetrations in walls&ceiling in Boiler Rm. with 624,000 BTU boiler. i i i f s . i } 'r Y { March 30, 2005 i t t t f S Aiden Tinney Tinney Construction Corp. 575 Price Avenue, Unit C Redwood City, CA 94063 r _ Subject: CCC- 1654 Cavallo Road,office Remodel 2000-077.01 } -- ��I��1 A•.�I�.II-��.IIT.�IIYI�..-IIi�YI�IIi.�.��I.�.1�IIwi1�l�� 1 Updated Punchlist Dear Mr. Tinney: i s 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 General Comments r 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. 3 3. Lockset missing from one supervisors office. x First door z f 4. Door 114: Missing electrical hinge,el-mech latch, connection to card reader, s astragal, and coordinator. 5. Door 115: Recessed Boor mat is missing. 6. Door 116: Recessed floor mat is missing. 7. Boor 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 114 and 115--Toilets: Mirrors are missing. j 11. Supervisor's Office, southwest corner: Remove excessive paint on window sill trim. 12. Door 116: Clean metal framing. 13. Bulletin board missing. Aiden Tinney March 30 2005 Page 2 Second Floor 14. Door 203: Hinge missing. 15. Rooms 216 and 217—Toilets: Mirrors are missing. Exterior 16. At stair guardrail,concrete slab is badly cracked at guardrail post. 17. Top of guardrail at exterior stair has paint peeling from scraping. Electrical 18. Devices have thermoplastic cover plates. Thermoplastic cover plates were rejected in Submittal No. 20 on 10/29/05. Provide"Nylon"cover plates or provide credit to the County for the difference. 19. Office 202: Provide blank coverplate for open j-box behind furniture adjacent to door(access blocked by furniture). 20. Second floor electrical room-, sea] open cores through floor;this is a fire 4 hazard. 21. Second floor mechanical room: sea] open cores through floor. Mechanical 22. Condensate drain pipes and P-traps at rooftop units are improperly installed. A minimum 2 inch differential must be maintained between the unit drain connection and the trap arm. ('Some have been repaired, but others remain.) 23. Install ID label on temperature control panel. 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 flush valve as required. Landscape Landscape 'Items from the February 26,2005 punchlist from Vallier Design still remain. Sincerely, Charles L. Beavers,AIA cc: Jess Adame REQUEST TO SPEAK FORM (THREE (3) MINUTE LIMIT) 4 Complete this form and place it in the box near the speakers' rostrum before addressing the Board. NameIXW.Au eet:, C /,�'", �' �-�"+� � Address:5r*"* i&4ZL,,,- S/M- 0110 city: �j► �� Please note that if you choose to provide your address and phone number, this information will become a public record of the Clerk of the Board in association with this meeting. 4*rVV?%1j. Ar I am speaking for m ' ''' �._-- yself or organ ization:--r/i� CHECK ONE: oe I wish to speak on Agenda Item # woo 44 Date: 00, My comments will be: M General F1 For OoAogainst ETO*�, wish to speak on thesubject Ofih-hf:74"44 4 4%#.---*- ^*I P/"rINA14P 1^4',-ew V J'V fl(t 14 09�rel- 4,eW Ar- 41 ❑ I do not wish to speak but would like to leave these comments for the Board to consider: Please see reverse for instructions and important information