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HomeMy WebLinkAbout4.07 Shannon Accept Workr ~~~-~ 1 \~/~: CITY CLERK File # ^~ D^^0 -^3 ^S AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 19, 2009 SUBJECT: Acceptance of Work -Contract No. 07-02, Shannon Community Center Project Report Prepared by: Herma Lichtenstein, Park and Facilities Development Manager ATTACHMENTS: 1. Resolution accepting work under Contract No. 07-02 -Shannon Community Center Project RECOMMENDATION: 1. Authorize the City Manager to accept the final facility improvements for Contract No. 07-02; 2. Adopt Resolution accepting work under Contract No. 07-02 - Shannon Community Center Project; and 3. Authorize Staff to accept a maintenance bond in the amount of $899,477 at a future date. FINANCIAL STATEMENT: The Sierra Bay Contract awarded by the City Council on March 20, 2007 including a 10% contingency was $9,429,565. Adequate funds have been budgeted for the Fiscal Year 2008/2009 expenditures. Prior Years Fiscal Year _- FUNDING SOURCES (FY 20(16/07'& 2008/2009 TOTAL FY 2007/08 General Fund Including Workforce Housing Incentive $ 3,161,765 $ 1,135,806 $ 4,297,571 Grants of $1,117,063 Internal Service Fund (Building $366,328 $366,328 E ui ment Com onent) Public Facilit Fee Fund $1,912,639 $2,418,152 $4,330,791 TOTAL CONSTRUCTION CONTRACT COST $ 5,074,404 $ 3,920,286 $ 8,994,690 DESCRIPTION: At the March 20, 2007 meeting the Dublin City Council awarded Contract No. 07-02, Shannon Community Center project to Sierra Bay Contractors. Work under the Contract included demolition, construction of the new building and selected site improvements. In addition, the following three alternates were included: 1) Park Restroom Building; 2) Emergency Generator Hook-up; and 3) Leadership in Energy & Environmental Design, Processing,~LEED~. I ~a.. 4.7 n With the exception of a few minor items, overall construction is now complete and the final costs for the project are $8,994,770, which is within the current project budget. The Contractor should complete the installation of the remaining items in the next month. Staff is requesting that the City Council authorize the City Manager to accept all final improvements pending completion of the remaining minor items. The City presently holds a performance bond in the amount of $8,572,332 to provide the necessary security for the performance of the work involved. At the time that the City Manager accepts all final improvements, the performance security requirement can be reduced, in accordance with authority contained in Section 66499.7 of the Government Code, to an amount necessary to guarantee warranty of the work for aone-year period following acceptance of the work. The Contractor will provide a new maintenance bond in the amount of $899,477 which is 10% of the final contract amount, and is sufficient to cover the one-year guarantee period. Upon City Council acceptance of the project, Staff will file a notice of completion with Alameda County Clerk. The City will release the 10% retention thirty-five days subsequent to recording the notice of completion with Alameda County. LEED Status One of the additive alternates to the project was for the contractor to prepare and submit documentation related to the requirements of the US Green Building Council (USGBC), LEED Silver certification. At this time the design team has submitted all design documentation and it is under review. The Contractor is completing the compilation of their portion of the necessary documentation and will be submitting for review shortly. The USGBC will review and comment on all possible credits towards the LEED Silver certification. This process may take several months to complete and Staff is projecting a minimum of six months of review prior to obtaining final confirmation. RECOMMENDATION: It is the recommendation of Staff that the City Council take the following actions: 1. Authorize the City Manager to accept the final facility improvements for Contract No. 07-02; 2. Adopt Resolution accepting completed facility improvements; and 3. Authorize Staff to accept a maintenance bond in the amount of $899,477 at a future date. aka ~ ~~ J RESOLUTION NO. XX-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTANCE OF WORK -CONTRACT NO. 07-02, SHANNON COMMUNITY CENTER PROJECT WHEREAS, Sierra Bay Contractors entered into a contract with the City of Dublin to complete the construction of the Shannon Community Center in accordance with plans and specifications on file with the City Engineer; and WHEREAS, said improvements have been completed in accordance with said plans and specifications, and any approved modifications thereof, with the exception of remediation of minor items, to the satisfaction of said City Engineer of the City of Dublin; WEAREAS, as a condition of said contract, Sierra Bay Contractors is required to guarantee the improvements for a period of one year following acceptance of the work by the said City of Dublin; and WHEREAS, as improvements are now completed, and the original performance bond security requirement can be reduced, in accordance with the authority contained in Section 66499.7 of the Government Code of the State of California, to an amount found necessary to guarantee maintenance of the completed work for the aforesaid one-year period; NOW, THEREFORE BE IT RESOLVED that: 1. The improvements are completed per plans and specifications except for minor punch list items, and the City Manager has the authority to approve and accept the improvements upon completion of the remaining punch list items subject to the aforesaid one-year guarantee; and 2. Upon approval and acceptance by the City Manager, the aforesaid performance bond security requirement maybe reduced from the amount of $8,572,322 to the amount of $899,477 upon acceptance by Staff of the replacement maintenance bond as security for the aforesaid one-year maintenance period; and 3. Upon approval and acceptance by the City Manager, the said original performance bond in the amount of $8,572,322 posted in connection with the work involved in the construction of said Facility is hereby released upon acceptance of said maintenance bond. PASSED, APPROVED AND ADOPTED this 19"' day of May 2009. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk ~~~~ ~~~g~~9 ATTACHMENT 1