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HomeMy WebLinkAboutReso 45-20 Accepting the Emerald Glen Recreation and Aquatic Complex Project CIP No. PK010 Reso No. 45-20, Item 4.7, Adopted 06/02/20 Page 1 of 1 RESOLUTION NO. 45 - 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * ACCEPTING THE EMERALD GLEN RECREATION AND AQUATIC COMPLEX PROJECT, CIP NO. PK0105 WHEREAS, on February 3, 2015 the City of Dublin entered into a contract with C. Overaa & Company to construct the Project No. PK0105, Emerald Glen Recreation and Aquatic Complex “The Wave”; and WHEREAS, said improvements have been completed in accordance with plans and specifications, and any approved modifications thereof, to the satisfaction of the City Engineer of the City of Dublin, except for determining the source and repairing a minor leak over the top of the natatorium pool; and WHEREAS, as a condition of acceptance, a letter agreement has been drafted and signed by Overaa & Company, attached hereto as Exhibit A, requiring repair to the natatorium roof to fix the leak and any associated damage prior to May 31, 2023 and warranty the natatorium leak repair for a period of (180 calendar days) following the verified repair. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby accept the Emerald Glen Recreation and Aquatic Complex, CIP No. PK0105, and authorizes Staff to file a Notice of Completion with Alameda County. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby authorize the City Manager or designee to release the retention and hold back $15,000 for the repair work, if after 35 days of filing the Notice of Completion and there are no subcontractor claims, and to sign the letter agreement on behalf of the City. PASSED, APPROVED AND ADOPTED this 2nd day of June 2020, by the following vote: AYES: Councilmembers Goel, Hernandez, Josey, Kumagai and Mayor Haubert NOES: ABSENT: ABSTAIN: ______________________________ Mayor ATTEST: ____________________________ City Clerk DocuSign Envelope ID: C97D1EB6-17F4-4EE5-893D-293D5B23F0E4 ill CITY OF DUBLIN Mailing Address: 100 Civic Plaza, Dublin, California 94568 • www.dublin.ca.gov Letter Agreement Regarding Roof Repair Issue Following completion of construction of the Emerald Glen Aquatic Center (Project PK0105), the City of Dublin ("City") and C. Overaa & Company ("Overaa") identified a persistent, minor leak in the natatorium roof above the indoor pool. Overaa has performed investigations to determine the source of the leak and perform repairs but has been unable to do so. The City and Overaa both agree that additional time is required to investigate the source of the leak and perform any required repairs. The City and Overaa therefore agree to the following: 1. Further Investigation by Overaa. Overaa, either directly or through its authorized subcontractors, will diligently investigate and, by no later than May 31, 2023, repair any areas of the natatorium roof that are causing the drip and repair any associated damage caused by water leaks from the drip. In the event Overaa is unable to remedy the condition by May 31, 2023, the City shall have the right to draw out all remaining funds from the Repair Escrow (defined below) to pay for any required repairs. In the event there are funds remaining in the Repair Escrow after repairs are completed, the City will pay out those funds to Overaa. 2. Retention Release; Repair Escrow. The City will disburse to Overaa all remaining retention held in escrow pursuant to the terms of the Final Settlement Change Order (CCO 414), except that the City shall hold back the sum of Fifteen Thousand Dollars ($15,000), which sum will remain in the current escrow account (the "Repair Escrow") The Repair Escrow shall be disbursed in accordance with Section l above. Warranty and Guaranty Related to the Drip. After the source of the drip has been identified and the conditions causing the drip are corrected and verified by the City, Overaa shall warrant and guaranty any and all repair work performed for a period of 6 months (180 calendar days) against further leaks or drips for the location where the correction was made. 4. Tolling of Statute of Limitations. Any applicable statute of limitation, including but not limited to Code of Civil Procedure sections 335.1, 337, 337.1, 338, and 343 that may commence running as a result of the discovery of the persistent, minor leak in the natatorium roof above the indoor pool shall be tolled from the date this letter agreement is fully executed until the date repairs are completed, either by Overaa or a third -party. 5. Except for the persistent, minor leak in the natatorium roof above the indoor pool, the City is not aware of any other defects, warranty issues, claims or potential claims related to the Emerald Glen Aquatic Center. May 18, 2020 Page 1 of 2 Oof- Accepted By: G. Date: C. Dverr ompany Print Name City Project Manager: initial City Approval: Date: Andrew Russell Public Works Director Date: Linda Smith City Manager s,v May 18, 2020 Page 2 of 2