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CITY COUNCIL AGENDA ITEM NO. 23


Meeting Date: February 13, 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

RECOMMENDATION
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.

PREVIOUS ACTION
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. On January 23, 2001, City Council considered approving a resolution to accept the work of Shoemate Buildings, Inc., but directed staff to return this item on February 27, 2001.

BACKGROUND
This item is back in front of the City Council for consideration at the request of Mayor McPoland.

As a brief overview, 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. Staff has meet with the contractor and sub-contractors on January 30th and February 6th in an effort to complete the final closeout. An additional meeting with the contractor is scheduled for February 13th.

These meetings have resulted in additional work being completed, with the estimated value of punch list repairs having been reduced from $208,000 to $144,674 (see Exhibit A) as of February 7, 2001. Repair work continues at the complex, with an effort to continue to reduce the outstanding items.

As staff will be meeting again with the contractor on February 13th, staff will provide an updated construction contract closeout exhibit to City Council at the February 13, 2001 City Council meeting that will include an updated accounting of claim retainage, liquidated damages, stop notice requests, and claims for prevailing wage violations.

As was discussed at the last City Council meeting, the City of Brentwood has received some claims for non-payment from subcontractors as well as claims for prevailing wage violations. These claims could increase during the statutory 35-day period after filing of the Notice of Completion. Additional amounts may be withheld based upon additional claims.

The Contractor has disputed that there is any liquidated damages, parts of the 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.

Attachments:
Resolution
Notice of Completion
Construction Closeout Spreadsheet Exhibit A


RESOLUTION NO. 

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 SAID PROJECT



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 in accordance to the project plans and specifications, and the City of Brentwood’s local standards and specifications, except as noted in attached Exhibit A, 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 13th day of February 2001 by the following vote:


RECORDING REQUESTED BY
CITY OF BRENTWOOD

WHEN RECORDED RETURN TO:
CITY CLERK
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 13th day of February, 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 February 13, 2001.

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