HomeMy WebLinkAboutMINUTES - 06122007 - C.110 TO: . BOARD OF SUPERVISORS - =£�`�
CONTRA
FROM: MICHAEL J. LANGO, DIRECTOR OF GENERAL SERVICES °, if^"' ='`'S COSTA
DATE: JUNE 12, 2007 COUNTY
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SUBJECT: ACCEPT RESOLUTION OF ACCEPTANCE AND NOTICE OF
COMPLETION AND LEVY LIQUIDATED DAMAGES FOR IMPROVEMENTS
AT LIVORNA PARK, LIVORNA ROAD AND MIRANDA AVENUE, ALAMO
FOR THE PUBLIC WORKS DEPARTMENT
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
ADOPT Resolution No. 2007/ 3/0( for the Improvements at Livorna Park Project, Livorna Road
and Miranda Avenue, Alamo for the Public Works Department, accepting contract as complete,
levying liquidated damages, and recommending the withholding of $18,500 pursuant to the "withhold
summary" provision of the contract between McNabb Construction, Inc. ("McNabb") and Contra Costa
County.
FINANCIAL IMPACT
There is no impact to the General Fund with adoption of the Resolution of Acceptance and Notice of
Completion.
BACKGROUND
Livorna Park is centrally located within the community of Alamo and is frequented by the community.
The Park was renovated to improve Americans with Disabilities Act accessibility and install
playground equipment that meets current safety requirements.
On August 8, 2006, the County entered into a construction contract with McNabb. The completion
date was scheduled to be February 10, 2007. McNabb was late in completing the project.
Subsequently, the County and McNabb agreed to an assessment of 15 calendar days of liquidated
damages. The 15 calendar days of liquidated damages result in a $15,000 deduction from the
contract amount. In addition, a non-compensable time extension of 74 calendar days was agreed to.
The project has been completed in accordance with the approved plans and specifications and it is
recommended that the project be accepted. An amount of $18,500 will be withheld pending
McNabb's correction and completion of punchlist items and maintenance of landscape planting for 60
days.
CONTINUED ON ATTACHMENT: ES SIGNATURE:
COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
3-'APPROVE OTHER
SIGNATURE(S):
ACTION OF BOAOO O Y/rV-7 APPROVED AS RECOMMENDED OTHER
47
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT: MICHAEL J.LANGO(313-7100)
Originating Dept.:General Services Department
I HEREBY CERTIFY THAT THIS ISA TRUE
cc: General Services Department
Capital Projects Management Division AND CORRECT COPY OF
AND ENTERED ON THE MINUTES
ACTION TAKEN
OF THE BOARD
Accounting OF SUPERVISORS THE DATE SHOWN.
CPM File: 205-0401/C.1.1
205-0401/A.5 ATTESTED 1042
County Recorder JOH LLEN,CLERK OF THE BOARD OF SUPERVISORS
County Administrator's Office(via CPM) AND OUNTY ADMINISTRATOR
County Counsel (via CPM)
Auditor Controller(via CPM)
Public Works Department(via CPM) BY —� DEPUTY
Contractor(via CPM)
Surety(via CPM)
Consulting Architect(via CPM)
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.:. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII -
WHEN RECORDED. RETURN TO CONTRA COSTA Co Recorder Office
GENERAL SERVICES
DEPARTMENT. CAPITAL STEPHEN L, WEIR Clerk-Recorder
TQC— 200 _0172065-00 -
PROJECTS MANAGEMENTDOC—
Number
DIVISION Wednesday, JUN 13, 2007 11:46:46
FRE $0.00; ;
File: 205-0401/C.1.1 Ttl Pd $0,00 Nbr-0003746062
rrc/R9/1.-3
BOARD OF SUPERVISORS, CONTRA ,n-..:;._,,,,,
In the Matter of Accepting and Giving ) RESOLUTION OF ACCEPTANCE
Notice of Completion of Contract with ) and NOTICE OF COMPLETION
McNabb Construction, Inc. ) (C.C. §3086, 3093)
Budget Line Item No. 7758-4770 ) RESOLUTION NO. Jw /
Authorization No. 0929-WH770B
The Board of Supervisors RESOLVES THAT:
The County of Contra Costa on August 8, 2006, contracted with McNabb
Construction, Inc. for Improvements at Livorna Park, Livorna Road and Miranda
Avenue, Alamo for the Public Works Department, Budget Line Item No. 7758-4770,
Authorization No. 0929-WH770B, with American.Contractors Indemnity Company
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, and recommends: 1) its
acceptance as complete as of June 12, 2007; 2) a non-compensable time extension
of 74 calendar days for the period from February 10, 2007 through April 25, 2007; 3)
the deducting of $15,000.00 from the final payment as liquidated damages for
construction delay for the period April 26, 2007 through May 10, 2007, the date on
which the County determined the project was substantially complete, pursuant to
Sections l and 5 of the Contract; 4) the waiving of liquidated damages for the period
May 11, 2007 through June 12, 2007, the date on which the Board accepted the
contract as complete; and 5) the withholding of $18,500.00 pending the Contractor's
correction and completion of punchlist items and maintenance of landscape planting
for 60 days, pursuant to the "withhold summary" provisions of the contract between
McNabb Construction, Inc. and the County.
Therefore, said work is accepted as recommended above, and within ten (10) days
after adoption of this Resolution and Notice, 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, or designee, is directed to deduct and
withhold monies otherwise due pursuant to the liquidated damages and "withhold
summary" provisions of the contract between McNabb Construction, Inc. and the
County.
i 1:1.2004\2050401\o4Boo i us3o.cloc
RE,SOL UT10N NO. 2007/,31,5W
PASSED BY THE BOARD on June 12, 2007, by the following vote:
AYES: SUPERVISORS GIOI•A, ..
BONILLA,GLOVER,PIEPHO
NO: NONE
ABSENT: SUPERVISOR UILKEMA
ABSTAIN: NONE
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: '✓k'''c�, /-9 • 2"-7 John Cullen, Clerk of the
at Martinez, California. Board of Supervisors and
County Administrator
Bye_. �..._
Originator: General Services Department - Capital Projects Management Division
cc: General Services Department
Capital Projects Management Division
Accounting
File 205-0401/A.5
County Administrator's Office (via CPM)
County Counsel (via CPM)
Auditor-Controller (via CPM)
Contractor (via CPM)
Surety (via CPM)
Consulting Architect (via CPM)
County Recorder
Public Works Department (via CPM)
SJ:tb
1-1:20041•2050401VABOOI053o.doc Page oft
RE.SOL LI TION NO. 2007/ ,91