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