HomeMy WebLinkAboutItem 4.08 AmendSoCoastPoolAgmt CITY CLERK
File # 600-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 1, 1999
SUBJECT:
Contract Amendment With South Coast P00!..~!~,~ng for Dublin
Pool Renovation' and Conditional Project A~ceptance
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
· Resolution confirming contract amendment, and signed amendment
RECOM3,IENDATION:
1)
2)
Adopt resolution confirming contract amendment.
Authorize final payment to contractor in the amount of
$72,117, and release 10% retention in the. amount_0f$47,455
after 35 days upon receipt of the contractor's certification
that all subcontractors and suppliers have been paid.' A fund
in the amount of $25,410 to cover repair of the pool plaster
shall be created, and the performance bond, shall remain in
effect pending satisfactory completion of the repair.
FINANCIAL STATEMENT:
As noted in the.recommendation above, the remainder of the
contract costs will be paid to the contractor, including the r~lease of
the 10% retention, for a total of$119,572. A repair fund in the
amount of $25,410 will be created to insure, repair of the pool plaster
at the shallow end of the pool.
DESCRIPTION: South Coast Pool Plastering is the contractor responsible for
performing the Dublin Pool Kenovation project, which included pool replastering, concrete deck
replacement, mechanical upgrades, fence replacement, and division of the children~' s pool fi.om the adult
pool. A defect has occurred in the pool plaster at the shallow end of the pool. Cracks have appeared in
the plaster surface. -
As the pool was scheduled t~ open on Friday, May 28th (Memorial Day weekend), and repair of this
defect would potentially keep the pool closed for an additional month, Staff and the contractor negotiated
a solution to the problem by extending the contract to repair the plaster after the 1999 pool season. The
City Attorney has reviewed and approved this solution. Because of time constraints, the City Manager
has signed the contract amendment, conditioned on confirmation by the City Council.
COPIES TO: South Coast Pool Plastering
ITEM NO.
g:kmiseproj\pooldeckXagst conditional accept
The
1. The City will take possession' of the p0Ol facilitY On Friday, May 28th, subject to the contractor
making the pool repairs in the future.
2. The contract time Will beeXtended to one month beyond the pool closing daie tO alio~w time l'Or
the plaster repair. Liquidated damages will be suSpefided until the new completion date.
The contractor will be paid, including retention, for all work completed; however, a repair fund in
the amount of $25,410 Will be created to ensure plaster repair. This sum represents 35% of the
' ~' c0n~.:acf~m-6unt bt~dgeted for demolition of the pOol lining and replaStering ~
4. The contract bonds and insurance will be eXtended to the new completion date, together with the
If the contractor were to pool opening would be delayed for aboUt a
montn, wmcn woula, ~n turn, eliminate the ~b'0~i~'{~i~'~"/his ~ear, deii~ public a~eb~S, and 'eli~ih~i~
sWim lesS0fii~'~hd'-ci~i.i~i~ OTh~ Cii~w0uld' Pr0b-kbiy 16'S~'~ih0Se iempora~ employees ass0ciai~d Mih'thb ~-~
swim pro,ams.
St~recommends that the C~ty Councd adopt the resoluuon confirming th~'a~-ndment.
RESOLUTION NO. - 99
A RESOLUTION OF TIlE CITY COUNCIL
OF TIlE CITY OF DUBLIN.
CONFIRMING AMENDMENT TO CONTRACT 98-16
WITIl SOUTII COAST POOL PLASTERING
(DUBLIN POOL RENOVATION PROJECT)
WHEREAS, the City has contracted with South Coast Pool Plastering ("Contractor") under
Contract 98-16 to perform the Dublin Pool Renovation Project; and
WHEREAS, a defect has occurred which is required to be repaired by the Contractor; and
WHEREAS, repair of said defect would require that the pool remain closed to the public ~'or a
period of approximately one month; and
WHEREAS, the City intends to open the pool to the public as planned and has agreed tha/t the
repair should be accomplished after the pool closes for the season; and
WHEREAS, the Contractor has agreed to repair the defect after the pool closes for the season; and
WHEREAS, in order to open the pool on May 28, 1999, a contract amendment (Exhibit "A") was
signed by the City Manager, conditioned upon final approval by the City Council, which provides for an
extension of contract time and seeks to protect the City from additional expense by including extension of
the Contractor's performance bond and creation ora fund to cover the repair cost;
NOW, TI-rEREFORE, BE IT RESOLVED that the City Council of the City of Dublin confirms
approval of the contract amendment attached hereto as "Exhibit A."
PASSED, APPROVED AND ADOPTED this 1st day of June, 1999.
"AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
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Mayor
AMENDMENT NO. 1
TO
DUBLIN POOL RENOVATION
CITY OF DUBLIN CONTRACT NO. 98-16
WHEREAS, the City of Dublin ("City") and SOuth Coast Pool Plastering, Inc.,
("Contractor") have executed Contract No: 98-16 ProViding for the performance of certain
renovations as specified therein ("Contract Work") to the City Pool; and
WHEREAS, in performing the Contract Work, the Contractor failed to timely fill the
City Pool following replastering in accordance with the Contract Specifications; and
WHEREAS, as a result of the Contractor's defaultl significant cracking has resulted
in the plastered interior of the City Pool; and
WHEREAS, Contractor's performance of Contract Work resulting in such cracking is
not satisfactory to the City; and
and
WHEREAS, the season of Use of the City Pool commenCed Friday, May 28, 1999;
WHEREAS, the Contractor would be unable to correct the Contractor's default by
May 28, 1999.
NOW, THEREFORE, in consideration of the mutual promiseS and coVenants set
forth herein, the City and the Contractor agree to amend the terms of Contract NO. 98-16
effective this 27th day of May, 1999 ("Amendment Effective Date"), as follows:
1. Contract Term.
In accordance with provision 1.22, Extensions of Time, and nOtwithstanding
provision 1.09, Time of Completion, or any other provision providing to the contrary, the
term of Contract No. 98-16, as amended hereby ("Contract"), shall extend through the City
Pool season of use commencing May 28, 1999, and ending September 6, 1999 ("Pool
Season") and continue in effect through the period beginning September 13, 1999, and
ending October 15, 1999 ("Repair Period"), until October 15, 1999 ("Completion Date").
2. City Occupation Not Acceptance.
The City shall occupy and use the City Pool for public swimming for the duration of
the Pool Season. The City's occupation and use of the City Pool is subject to Contractor's
agreement to' carry out repairs in accordance with this Amendment. Such occupation and
use by the City shall not constitute acceptance of Contractor's performance of the Contract
Work, and shall not prevent the City from exercising any of its rights under the Contract.
The Contractor expressly waives any right to assert that such occupation and use by the
City estops enforcement of any City rights under the Contract, or under applicable laws.
· Rights retained by the City under the Contract include, but are not limited to, alleging
damages resulting from deficient performance under the Contract.
Amendment No. 1
To Contract No. 98-15
Page 2
3. Contractor Obliqation to Make Repairs,
The Contractor represents and agrees that the Contractor shall expend all
necessary labor, provide all necessary material, and do all things necessary to make
repairs ("Repairs") correcting the Contractor's deficient performance of the Contract
Work. In no event shall Contractor's performance of the Repairs increase the amount to
be paid under the Contract ("Contract Amount") as specified in provision 1.05, Contract
Amount and Payments. Contractor's performance of the Repairs shall be in accordance
with all applicable provisions of the Contract, including, but not limited to, the Contract
Specifications and provision 1.04, Scope of Contract, requiring that Contractor shall
perform and complete in a good and workmanlike manner to the satisfaction of the City
all of the Contract Work in the manner designated in, and in strict conformity with, the
Contract. The Contractor shall complete the Repairs by the Completion Date.
4. Contractor Payment.
Subject to all applicable provisions of the Contract, including, but not limited to,
provision 1.06, Progress and Final Payments, and all applicable withholding provisions, the
City shall pay the Contractor for Contract Work performed. In accordance with provision
1.10, Payments Do Not Imply AccePtance of Work, and all other applicable provisions of
the Contract, the City's payments to the Contractor for Contract Work performed shall in no
way reduce the Contractor's liability to replace unsatisfactory work or material.
5. Withholding.
Notwithstanding provision 1.17, Payment of Damaqes, or any other Contract
provision providing to the contrary, upon the Amendment Effective Date, the City shall pay
the Contractor in accordance with the Contract for Contract Work performed but not yet
paid, less ten percent of the Contract Amount ("Withholding") and less $25,410 ("Repairs
Fund"). Thirty-five days from commencement of the Pool Season, upon the Contractor's
certifying in writing to the City that ali subcontractors, suppliers and materialmen employed
by the Contractor in performance of the Contract Work have been fully compensated in
accordance with the agreements between the Contractor and such subcontractors,
suppliers and materialmen, the City shall release the Withholding to the Contractor. The
Repairs Fund shall not be released until the City's final acceptance of the Contract Work,
including the Repairs.
6. Contractor's Insurance to Remain in Effect.
The kinds and amounts of insurance that the Contractor is required to maintain
under the Contract shall remain in full force and effect in accordance with all applicable
provisions of the Contract until the City's final acceptance of the Contract Work, including
the Repairs.
Amendment No. 1
To Contract No. 98-15
Page 3
7. Contractor's Performance Bond to Remain in Effect.
In accordance with provision 1.22, Extensions of Time, and all other applicable
provisions of the Contract, the performance bond issued by the Contractor to the City
under the contract shall continue in full force and effect and the Contractor's surety shall
not be released from its obligations under the performance bond until the City's final
acceptance of the Contract Work, including the Repairs.
8. Temporarily Suspended Provisions.
The following Contract provisions or portions thereof are hereby temporarily
suspended for the periods indicated below ("Suspension Periods"). Upon conclusion of
such Suspension Periods, such Contract provisions shall be in full force and effect as if
never suspended.
a. The final sentence of provision 1.08, Commencement and Prosecution of
Work, shall be temporarily suspended from commencement of the Pool Season until the
commencement of the Repair Period.
b. The first sentenCe of provision 1.11, Acceptance Not Release, shall be
temporarily suspended from commencement of the Pool Season until commencement of
the Repair Period.
c. The final sentence of provision 1.22, Extensions of Time, shall be temporarily
suspended from commencement of the Pool Season until commencement of the Repair
Period..
d. Provision 1.24, Contractor to Serve Notice of Delays, shall be temporarily
suspended from commencement of the Pool Season until commencement of the Repair
Period.. ' -
9, statutes of Limitations Tolled.
Statutes of limitations that apply to causes of actiOn that the City or the Contractor
may have under the Contract shall be tolled from Commencement of the Pool Season until
the City's final acceptance of the Contract Work, including the Repairs.
10. Precedence.
Where the provisions of this Amendment and the provisions of Contract Nol 98-16
between the City and the COntractor conflict, the provisions of thiS Amendment Shall
control.
Amendment No. 1
To Contract No. 98-15
Page 4
11. No Other Chanqes.
Except as amended herein, all provisions of Contract No. 98-16 between the Ciity
and the Contractor shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties hereto have signed this Amendment on the
Amend ment Effective Date.
SOUTH COAST POOL PLASTERING, INC.,
CONTRACTOR
Title
CITY OF DUBLIN,
A MUNICIPATL CORPORATION
ATTEST:
By:
Richard C. Ambrose, City Manager
ORIGINAL APPROVED AS TO FORM:
Elizabeth H. Silver, City Attorney
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