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File No.7 .3698
City QF SAN BERNAROOO - REQUt,T FOR COUNCIL ACOION
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From: Roger G. Hardgrave
Dept: Public Works/Engineering
Date: 6- 5-85
Subject: Approval & Acceptance of Work --
Construction of Mill Center
Recreation Facility, per Plan No.
6221 -- Ron Roberts Construction
Report on Costs Incurred
Synopsis of Previous Council action:
11-21-83 --- Contractor and Architect requested to agree to non-binding
arbitration,
10-01-84 --- Payment to Contractor .for 50% of cost for additional material s to
repair exterior walls approved, in principle; and City Attorney
directed to meet with Architect to determine if he will abide by
arbitrator's decision.
12-17-84 Payment to the Contractor for 50% of the cost for additional
materials referred to City Attorney to negotiate with Architect to
determine if he will abide by arbitrator's decision.
02-04-85 -- Authorization granted to pay for necessary material s to complete
repairs, while retaining the right to process litigation and claims
against all responsible parties. Also, direction given that a report
be presented at completion of the repairs for costs incurred, .
Recommended motion:
That the work performed by the Contractor, in accordance
with Specification No. 6221, be approved and accepted;
that final payment be authorized at the expiration of
the lien period, and that the report on costs incurred
be accepted and filed.
cc: John Matzer, Jr" City Admin.
Ralph Prince, City Attorney
Annie Ramos, Dir, of Parks, Rec. & Comm. Srvs.
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Signature
Contact person: R0ger G. Hard9rave
Supporting data attached: Staff Report
Ward:
5025
1
Phone:
FUNDING REQUIREMENTS:
Amount: N/ A
Source:
Finance:
Council Notes:
15,0262
Agenda Item No. S~o1-/
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CI~ 8F SAN BERNARoQO - REQUOT FOR COUNCIL Ac:OION
STAFF REPORT
Construction of the Mill Center Recreation Facility was satisfactorily
completed as of 6-5-85.
The contract was awarded for the low bid price of $378,000.00. The
actual final contract price is $386,872.70, due to the aggregate net increase
of contract Change Orders No.1 through 6.
We recommend that the work be approved and accepted, and final payment
be authorized.
Acceptance of this project has been deferred due to delays in having
the damage by vandals to the exterior wall repaired. A dispute arose as to
who would be required to pay the cost for the additional materials. The Con-
tractor agreed to pay 50% of the cost: However, the Architect was unwilling
to finance the other half. Both parties agreed to submit to non-binding
arbitration. The decision of the arbitrator was that both were equally at
fault and should each pay 1/2 of the cost for necessary repairs. The Contractor
agreed to abide by this decision, but the Architect declined.
In order to prevent further damage, authorization was given at the
Council meeting of 2-4-85 to pay 50% of the cost of additional materials. Listed
below is a tabulation of the extra costs incurred by the City for additional
materials, over and beyond the contract cost:
Item
Amount
50% of Cost for Additional Materials
50% of Freight Cost for Additional
Materials
$ 3,184.38
584.50
TOTAL COST INCURRED BY CITY $ 3,768.88
The additional materials were applied by the plastering sub-contractor,
at his expense,
URGENCY CLAUSE:
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It is imperative that this work be accepted as soon as possible, in order that.
final payment can be made on this long-delayed project and any fllrther action.
deemed appropriate can be initiated in a timely manner. ... . ..'-,,",.
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