HomeMy WebLinkAboutRS02-Public Works
.
l "
,'CI'C" OF SAN BERNARD~'O
File No. 6.251-3
- REQU~lT FOR COUNCIL A()ION
From:
-
Roger G. Hardgrave
Public Works/Engineering
Subject: Approval of Arbitration Award --
Construction of Concrete for New
Central Library, per Plan No. 6457
----MAVERIC CONSTRUCTION
L_.:
Date: 11-10-86
Synopsis of Previous Council action:
9-23-86 -- Work approved and accepted, and final payment authorized, less the
bank charge of $3,671.57 to Berry Construction (for correction of
defective work by Maveric Construction).
Recommen':led motion: Mayor & Common Council
That the authorized contract price, for construction of
concrete for the New Central Library, per Plan No. 6457,
be increased by $9,946.00, in order to allow payment of
'-' the arbitration award of $16,017.80, plus any accrued
interest, to Maveric Construction.
cc: Ray Schweitzer
Ralph Prince
Contact person:
Rng~r r, ~~rrl~r~vp
Award of Arbitration
Phone:
'in?'i
1
Supporting data attached:
Ward:
FUNDING REOUIREMENTS: Amount: $9,946.00
Grant through State Librarian.
Source: Bonds sol d by RDA and
Finance:
Ilcil Notes:
~,
7!l.0262
.0.._ 2..
Agenda Item No. I \S
.(;1':; OF SAN BERNARDr:O - REQUl:JT FOR COUNCIL AC.:ION
"
STAFF REPORT
~ An amount of $6,071.57 was withheld from the semi-final payment, to cover
certain defective work. It was later determined that $2,400 was not the respon-
sibility of the Contractor and should be paid.
At the Council Meeting of 9-23-85, final payment was authorized, less the
back charge of $3,671.57 by 8erry Construction to correct defective work done by
Maveric Construction. The final payment of $2,400 was accordingly processed,
but the check was returned by Maveric Construction.
A demand for arbitration was submitted by the attorney for Maveric Con-
struction. The claimed amount was $30,521.56, plus interest accrued thereon,
attorney's fees and costs.
The arbitrator has issued an award dated 10-17-86, in the amount of
$16,017.80. This amount is $9,946.00 in excess of the authorized contract price.
It is, therefore, recommended that payment of an additional $9,946.00,
plus any accrued interest, be authorized in order that the award can be paid.
Funds to finance this additional amount will be derived from available
balances for other contracts.
...
...-
15.0264
I
C . () 0
'cITY OF SAN Bt::RNARDINO
:J
MEMORANDUM
-
-
,-
'III Subject
To
Roger Hardgrave, Director
of Public Works/City Engineer
Maveric Construction v. City
Case No. 72 110 0852 85
From William Sabourin
Assistant City Attor
One October 23, 1986
Approved
Date
5-471
Attached is a copy of the Arbitrator's award dated
October 17, 1986, in the above-referenced case. Please have
a check issued to Maveric Construction in the amount of
516,017.80 to settle this matter in full.
r
'-
WIL~ SABOURIN
Assistant City Attorney
a
WS;lr
Attach
r
'-
c.ry ON rHI=M~V"
r
'-
--- --
c
_.:)
......
'"'
-
u
American Arbitration Association
CONSTRUCTION INDUSTRY ARBITRATION TRIBUNAL
In the Matter of the Arbitration between
MAVERIC CONSTRUCTION, INC., Claimant
-and-
CITY OF SAN BERNARDINO, Respondent
CASE NUMBER:
72 110 0852 85
AWARD OF ARBITRATOR (,8)
I, Wf.l, THE UNDERSIGNED ARBITRATOR(Il), having been designated in accordance with
~ the Arbilration Agreement entered into by the above-named Panies. and dated April 11, 1984,
,,-,Jnd having been duly sworn and having duly heard the proofs and allegations of the Parties. A WARD
as follows:
-
A.
RESPONDENT shall pay to CLAIMANT the sum of SIXTEEN THOUSAND SEVENTEEN
DOLLARs EIGHTY CENTS ($16,017.80); no interest or punitive damages.
B.
The administrative fee. of the American Arbitration Association shall be
borne as incurred by the parties and paid as directed by the AS8ocia~."
Thi. Award i. in full .ettlement of all claims
",",.., ,.. .,.., ,. """ "'b"'""".~
C.
ocr 1 ? 198~
DATED: