CITY COUNCIL AGENDA ITEM
Meeting Date: January 23, 2001
Subject/Title: Approve a Resolution accepting the work performed
by Shoemate Buildings, Inc. for the City of Brentwood Family Aquatic
Complex (CIP Project No. 522-5202); and directing the City Clerk
to file a notice of completion with the recorder's office of Contra
Costa County for said project
Submitted by: Dennis Beougher, City Attorney
Craig D. Bronzan, Director of Parks and Recreation
Approved by: Jon Elam, City Manager
Approval of a Resolution accepting the work performed by Shoemate Buildings,
Inc. for the City of Brentwood Family Aquatic Complex (CIP No. 522-5202); and
directing the City Clerk to file a Notice of Completion with the Recorder’s
Office of Contra Costa County for said project.
On September 28, 1999, the Council awarded the construction contract for the
City of Brentwood Family Aquatic Complex (CIP No. 522-5202) to Shoemate Buildings,
Inc. On October 12, 1999, the City of Brentwood sent Shoemate Buildings, Inc.
Notice to Proceed for the Family Aquatic Complex.
The Aquatic Complex was scheduled to open on Memorial Day, 2000. Various delays
caused the pool to open on Labor Day, 2000. Contractual delay damages will
be assessed against the contractor for this delay in the amount of $156,000.
Even though the City began the use of the pool on Labor Day, many items remained
subject to replacement or repair. The City gave the general contractor more
than 120 days to complete the installation, repair, or replacement the complex
after the City obtained beneficial occupancy of the pool. As of the date of
this staff report, numerous punch list items remain uncompleted or not acceptable
to the City. Those items that have not been completed to the City's staff satisfaction
have been given a monetary value and the City will move forward with corrective
repairs or replacement of these items. The estimated value of these repairs
is estimated to be approximately $208,000.
The City has received some claims for non-payment from subcontractors as well
as a claim for prevailing wage violation. The claims for non-payment are approximately
$55,000 as of the date of this staff report, but could increase during the
statutory 35-day period after filing of the Notice of Completion. Additional
amounts may be withheld based upon the results of a hearing held on the prevailing
wage claim filed by Plumbers Union.
The Contractor has disputed that there is any liquidated damages, the entire
punch list damage amount, and the prevailing wage claim. Notwithstanding the
contractor's dispute concerning these claims and damages, the City staff recommends
City Council's acceptance of the Aquatic Complex and direct the City Attorney
to resolve the disputed damages and claims.
Notice of Completion
Construction Closeout Spreadsheet
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ACCEPTING THE WORK
PERFORMED BY SHOEMATE BUILDINGS, INC. FOR THE CITY OF BRENTWOOD FAMILY AQUATIC
COMPLEX (CIP PROJECT NO. 522-5202); AND DIRECTING THE CITY CLERK TO FILE A
NOTICE OF COMPLETION WITH THE RECORDER’S OFFICE OF CONTRA COSTA COUNTY FOR
WHEREAS, on September 28, 1999, the City Council of Brentwood awarded
the construction contract of the City of Brentwood Family Aquatic Complex (CIP
Project No. 522-5202) to Shoemate Buildings, Inc.; and
WHEREAS, on October 12, 1999, the Notice to Proceed was sent to Shoemate
Buildings, Inc. for the City of Brentwood Family Aquatic Complex (CIP Project
No. 522-5202); and
WHEREAS, the work for said Capital Improvement Project was completed
with accordance to the project plans and specifications, and the City of Brentwood’s
local standards and specifications, and is now ready for acceptance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brentwood,
that the work performed by Shoemate Buildings, Inc. for the City of Brentwood
Family Aquatic Complex, CIP Project No. 522-5202; is hereby accepted.
BE IT FURTHER RESOLVED that the City Council of Brentwood shall direct
the City Clerk to file Notices of Completion for this Capital Improvement Project.
PASSED by the City Council of the City of Brentwood at a regular meeting
on the 23rd day of January 2001 by the following vote:
RECORDING REQUESTED BY
CITY OF BRENTWOOD
WHEN RECORDED RETURN TO:
CITY OF BRENTWOOD
150 City Park Way
BRENTWOOD, CA 94513
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
THE CITY OF BRENTWOOD, a general law city, in the County of Contra Costa, State
of California, did, on the 28th of September, 1999, enter into an agreement
with Shoemate Buildings, Inc. for construction of the City of Brentwood Family
Aquatic Complex, CIP Project No. 522-5202.
The work described in contract documents was to furnish all material, labor,
and equipment necessary to complete said project.
On the 23th day of January, 2001, said contract, as a whole was completed and
the work was accepted by the City Council of the City of Brentwood.
I hereby certify under penalty of perjury that the facts set forth in the foregoing
Notice of Completion are true and correct.
Executed at Brentwood, Contra Costa County, State of California, on January