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HomeMy WebLinkAboutItem 7.3 MurrayBellTower AI CITY CLERK File # ~ ~1 ~ ~ '~[~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 4, 2003 SUBJECT: Acceptance of Work - Murray School Bell Tower Report by: Rosemary Alex, Parks & Facilities Development Coordinator ATTACHMENTS: 1) Resolution accepting facility improvements RECOMMENDATION: 1) Authorize the City Manager to accept the final facility improvements. 2) Adopt Resolution accepting the completed Bell Tower. {~' 3) Authorize Staff to accept a maintenance bond in the amount of $11,692 at a future date. FINANCIAL STATEMENT: A maintenance bond in the amount of $11,692 to guarantee against defects will be provided to the City at a future date. The City currently has an $116,920 surety bond, which will be relinquished when the maintenance bond is received. DESCRIPTION: In January 2003, Staff along with a representative of TGK Contracting completed the final inspection of the Murray Schoolhouse Bell Tower. Upon review of the project with the City Inspector, it was determined that the Contractor had successfully completed the requirements of the contract. Subsequent to the project's final inspection, information was disseminated to City Staff that a community member had witnessed the cleaning of material on the back property that appeared to be contaminated with paint or white substance. This activity had occurred within the timeframe improvements were being completed on site. Staff met on-site with a representative from TGK Contracting, Danville Hardwood Company (Flooring Contractor) and questioned on-site Staff. All three have denied responsibility and do not have any further information. In consideration that there has been a delay of three weeks in which the incident ocCurred and was reported and the information cannot be positively corroborated, Staff recommends proceeding with project acceptance. The City presently holds a performance bond in the amount of $116,920 to provide the necessary security for the performance of the work involved. As the work is now complete, 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 a one-year period following acceptance of the work. The Contractor will provide a new maintenance bond in the amount of $11,692 which is 10% of the final contract amount, and is sufficient to cover the one-year guarantee period. It is the recommendation of Staff that the City Council take the following action: COPIES TO: ~rGK Contracting ITEM NO. ~_~ G:\COUNCIL'~Agenda Statements~2003~3-4 Murray Acceptance.doc 1) Authorize the City Manager to accept the final facility improvements; 2) Adopt Resolution accepting the completed facility improvements; 3) Authorize Staff to accept a maintenance bond in the amount of$11,692 at a furore date. RESOLUTION NO. - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ACCEPTING IMPROVEMENTS TO MURRAY SCHOOLHOUSE WHEREAS, TGK Contracting entered into a contract with the City of Dublin to design and build the bell tower at Murray Schoolhouse 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, to the satisfaction of said City Engineer of the City of Dublin; and WHEREAS, as a condition of said contract, TGK Contracting 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, 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 completed within the said Facility be, and they are hereby approved and accepted subject to the aforesaid one-year guarantee; and 2. The aforesaid performance bond security requirement may be reduced from the amount of $116,920 to the amount of $11,692, upon acceptance by Staff of the replacement maintenance bond as security for the aforesaid one-year maintenance period; and 3. The said original performance bond in the amount of $116,920 posted in connection with the work involved in the construction of said Facility be hereby released upon acceptance of said maintenance bond. PASSED, APPROVED AND ADOPTED this 4th day of March 2003. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk /~ ~