HomeMy WebLinkAbout4.7 - 3252 Acceptance of Work The Wave
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STAFF REPORT
CITY COUNCIL
DATE: June 2, 2020
TO: Honorable Mayor and City Councilmembers
FROM:
Linda Smith, City Manager
SUBJECT:
Acceptance of Work – Emerald Glen Recreation and Aquatic Complex,
The Wave, CIP PK0105
Prepared by: Michael Boitnott, Capital Improvement Program Manager
EXECUTIVE SUMMARY:
The City Council will consider accepting the Emerald Glen Recreation and Aquatic
Complex Project.
STAFF RECOMMENDATION:
Adopt the Resolution Accepting the Emerald Glen Recreation and Aquatic Complex
Project, CIP No. PK0105.
FINANCIAL IMPACT:
The Emerald Glen Recreation and Aquatic Complex Project, CIP No. PK0105, is
complete and the project cost is shown below. Any budget remaining after closeout will
be returned to the General Fund fund balance.
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Project Funding Source
General Fund 3,000,000.00$
Vehicle Registration Fee (ACTC)50,000.00$
Public Facility Fees 41,930,947.00$
IT Fund 150,000.00$
Total Funding 45,130,947.00$
Estimated Expenditures
Constructed Outside the Overaa Contract
Concession Building 739,003.76$
Audio System 195,500.00$
Fiber Optics to the Wave 67,186.63$
Network Wiring and Security 124,850.00$
Construction Contract "Overaa"33,090,000.00$
Change Orders #1 - 14 2,375,666.00$
Furniture Fixtures and Equipment 692,808.00$
Contract Services, Design, Salary and Testing 7,655,932.61$
Total Expenditures 44,940,947.00$
Estimated Project Balance 190,000.00$
DESCRIPTION:
On February 3, 2015, the City Council awarded a construction contract to C. Overaa &
Company to construct the Emerald Glen Recreation and Aquatic Complex “The Wave”
(CIP No. PK0105). The City Council awarded the contract for $33,090,000 and
approved a 10% construction contingency in the amount of $3,309,000. The project
provided for the construction of a 31,940-square-foot facility with three pools, waterslide
tower, and park improvements with an amphitheater.
The Wave is anchored by a 12,000-square-foot natatorium with an indoor warm water
pool for year-round swimming lessons, exercise programs, and recreational use. The
Wave also contains an 1,800-square-foot Community Room, administrative offices for
the aquatics staff, and a 4,200-square-foot pool storage building. Outdoors, there is a
sport pool for competitive swimming and water polo, featuring eight lanes for
competition and three warm-up lanes, complete with a digital scoreboard. The
waterpark elements include a slide tower with two speed slides, three loop slides, and a
large “champagne” bowl slide. The splash pool features a beach entry with a large play
structure, water dumping buckets, and a splash pad with a variety of fun spray features.
Other amenities include a boardwalk, built-in seating, group picnic areas with shade
structures, outdoor showers, cabanas, fire pits, outdoor Ping-Pong, electronic lockers,
party rental space, locker rooms, and turf areas with landscaping. The project also
completed the final 10.2 acres of Emerald Glen Park, which included an outdoor
earthen amphitheater with seating for 1,300, plaza with public art, 181 new parking
stalls, and bicycle racks.
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Given the size of the project, some project amenities were constructed by contractors
other than C.Overra & Company. Those construction contracts are complete and have
been previously accepted by the City. These separate projects included a 741-square-
foot concession building, an indoor/outdoor zoned audio system with paging capability,
network and security wiring including the installation of CCTV cameras, and extension
of the City’s fiber optic network into the facility.
The project was substantially completed and opened to the public for the Memorial Day
weekend of 2017. Since that time the contractor has been working to resolve project
construction and warranty items. At this time, Staff has determined that the project is
complete, except for one item, which is determining the source of and repairing a minor
leak over the top of the natatorium pool. C. Overaa & Company has committed to
locating and repairing the minor leak, which only manifests during heavy rains, and to
guarantee the repair for 180 days. Staff is recommending that the City Council accept
the construction project and direct Staff to file the Notice of Completion.
STRATEGIC PLAN INITIATIVE:
None.
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A courtesy copy of this Staff Report was sent to C. Overaa & Company.
ATTACHMENTS:
1. Resolution Accepting the Emerald Glen Recreation and Aquatic Complex Project,
CIP No. PK0105
2. Exhibit A to the Resolution - Letter Agreement Regarding Roof Repair Issue
3. CIP PK0105
RESOLUTION NO. xx-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:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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
Number PK0105 Program PARKS
PRIOR
YEARS
2019-2020
BUDGET 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
FUTURE
YEARS TOTALS
9100 $537,563 $593 $538,156
9200 $5,403,228 $87,444 $5,490,672
9400 $35,201,786 $1,650,747 $36,852,533
9500 $1,604,309 $80 $1,604,389
9600 $605,781 $39,416 $645,197
$43,352,667 $1,778,280 $45,130,947
PRIOR
YEARS
2019-2020
BUDGET 2020-2021 2021-2022 2022-2023 2023-2024 2024-2025
FUTURE
YEARS TOTALS
1001 $3,000,000 $3,000,000
2212 $14,894 $35,106 $50,000
4100 $40,295,041 $1,635,906 $41,930,947
6605 $42,732 $107,268 $150,000
$43,352,667 $1,778,280 $45,130,947
Salaries & Benefits
Contract Services
Improvements
EMERALD GLEN RECREATION & AQUATIC COMPLEX - PHASE 1
TOTAL
2020-2025 CAPITAL IMPROVEMENT PROGRAM
IT Fund
Public Facility Fees
Vehicle Registration Fee (ACTC)
Miscellaneous
Equipment
FUNDING SOURCE
ESTIMATED COSTS
TOTAL
General Fund
PROJECT DESCRIPTION
This project provided for the design and construction of the first phase of a Recreation and Aquatic Complex in Emerald Glen Park. The project is known as The Wave. Design was
completed in December 2014, construction began in April 2015, and The Wave opened for business in May 2017.
The Wave is a multi-use facility with the following amenities: a community room; a 13,000 square-foot natatorium for lessons and lap swimming; an outdoor competitive pool for water
polo and swimming; a children's play pool with slide and sprays; slide tower with high speed slides and loop slides; changing rooms and lockers; and administrative spaces. Phase I also
includes associated parking lots, a plaza, and an amphitheater.
On August 15, 2017, the City Council approved the addition of an approximately 800-square-foot concession building to The Wave. The concession building was completed and
operational for the 2018 season.
ANNUAL OPERATING IMPACT: Facility operating cost only.
MANAGING DEPARTMENT: Public Works