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Home My WebLink About1986-01-07; City Council; 7556-4; Police Firing Range Notice of Completion...---------A -.........---- a LL.I > 0 ~ a.. ~ <( . . z 0 ti c( ..J 0 z :::, 0 0 AB# 7.s-a-"" J/ TITLE: MTG. 1 /7 /86 NOTICE OF COMPLETION DEPT. ENG -- RECOMMENDED ACTION: By motion, approve Change Order Number 1, adopt Resolution No. f.33_4 ___ appropriating additional funds, and accept the construction of the Police Firing Range, Project No. 3159, as complete. Direct the City Clerk to have the Notice of Completion recorded, and release the bonds 35 days after recordation. ITEM EXPLANATION Construction of the Police Firing Range, Project No. 3159 has been completed, The final payment amount of $54,714.63 includes one Change Order for $14,261.50 to cover some necessary additional work and a deduction of $2,474.37 that is being withheld for damages (see attached letter from City Attorney). A disagreement has existed between the City and the contractor due to improper workmanship on the concrete walkways. An agreement has been negotiated by the City Attorney's Office and damages are being deducted from the contract, Final payment will be paid through the contractor's attorney's office, Change Order Number 1 is approved by the City Engineer's Office and contractor. (See Exhibit #2). FISCAL IMPACT This Resolution appropriates $14,261.50 per Change Order #1. Upon adoption of Resolution No. ~33 .... sufficient budgeted funds are available to cover the final contract amount. Ten percent (10%) retention will be withheld until 35 days after the Notice of Completion. EXHIBITS 1. Location Map 2. Change Order Number 1 3 . 4. 5 • Notice of Completion Letter from City Attorney dated December 4, Letter from Hutton, Adams and Forthun dated 16, 1985. 'I OQC I_,_.,,,.• December 6. Resolution No.~~-approving additional costs. I . • LOCATION MAP CITY IIAP BOOK PAQI PROJIC'f NAIii POL/Cc FIRE RANGE PROJ. IXHIIIT NO. 315q I ·-' ________,,,_ __ CITY OF CARLSBAD PUBLIC WORKS PROJECT CHANGE ORDER CHANGE ORDER NO . ___ 1 __ DATE 12/26/85 CONTRACT N0. __ 3_1 _59 ______ PURCHASE ORDER NO. 13748 BUDGET NO._N_A __ _ CONTRACTOR'S NAME __ B_r_e_nt_o_n_L_e_e_Rh_o_a_d_e_s ________________ _ PROJECT NAME AND NO. Police Firing Range ACTION: Additional Earthwork: Import 2593 CY at $5.50/CY = $14,261.50 Total $14,261.50 Reference: Invoice from Contractor dated May 20, 1985 (attached) APPROVED: MARY CASLER Mayor APPROVAL: City Engineer CONTRACTOR: _________ _ Date BY ______________ _ DATE. ____________ _ EXHIBIT 2 l : l ' ' r MAY 30 198::,- C'/TY Or <!Aet.s B,.q.o / ~oo ~-i.M RV~ C-A ,,e.~ S" 840, <?~. /NVOIC'£ Pe>Ll<!E r/ ,.t?/Nt:; R-<tNt..c ;If/ /.bl?~ N Y f'l(f L~ .e Y RCMJO C1A.e~s BA.DJ ('A. # 3000.0(j' ~ a • 9s-L..,t; 12 A /6 BA, eM.R IF 3, -?Bo s. ri 4 '' Re.e. L4NE .3 /cJ.o. Bo -:II S Ex eAVA17N<i i' CR4£>/Al6' -,1,f 6 .. ASP//AlT ~c')AIC-'2.ETF 7:Jd'V/N◊ .#7,_ //0 To;V:s %, G'MJ/E~ /N.PL,1Jt1£ .,t';8, 2~11 L,r,, ~6'~ CHAIN L/lvK /5:N(c ~9,. /tP£A. 4 k ABS P1,PE /NA!.A~.E /6850 ,()() # /t)" 7EA. / h' C4L//; ,.oc:7sr.$ /N P~E /349. 96' L~ 7:12A Wt:7/<I<. (A -7TA ch'ELJ 5(' //E Z>v ~e Y 4.,2 6 /, .5tJ • 72:)7~[ # --7~ (6'8, t}t) L/ .. ,.. HVRAMS FLAT SAW ■TOMFIER ■ WALLSAW BACl<Hgca I.MIii ~ {/M, CONTAACTWORK ORHOURLV (714> 825°3B1 a LICENSE NO 251 '746 A B C-61 C.:>R ■ DRILLIND ~J:',<L. ,YA/ZPS /A?,P~,er 673'2 <!\~ LESS ~C'RR//tk~E ~zt /481 e.V, 52:5"'/ • e .. ~ ES 7Jfr'/,4~ /A/) Ml< r 2..6 5B e ., Y. r-,'(T/<A IMP~ .£593 C: . .Y: @ +5.5ocA, #5~ /Z 9 6 5- /29 ~S-rr-- #7~2.o/. 67) VINCENT F. BIONDO, JR. OITY ATTORNEY DANIELS. HENTSCHKE ASSISTANT CITY ATTORNEY Lawrence A. Hutton CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008-1989 (619) 438-5531 December 4, 1985 Hutton, Adams and Forthun Box 44 Colton, California 92324 RE: CONTRACT BALANCE DUE ON CONTRACT #3159 Dear Mr. Hutton: This letter is in response to your letter of October 16, 1985 to Richard Allen concerning the above referenced contract. Since October 16, we have discussed this issue a co1Jple of times on the telephone. Let me apologize for failing to keep my promise to have this letter sent to you before the Thanksgiving holiday. The City engineering department and the Police Chief disagree wfth your client's contention that he performed the concrete work as required by the contract. In our judgment the contract called for smooth crack-free concrete and we did not get smooth crack-free concrete. The City~s engineering staff does not dispute the extra work claim for the grading work which they indicate to me is in the amount of $14 ,26·1. 50. However, we do believe that WA have been damaged by your client's failure to provide us with the concrete work we bargained for. The City engineering department indicates that it would cost the City approximately $4,948.74 to repair or replace the damaged concrete. Because cracks appeared in all portions of the work, even after the "mix" of the concret•e was changed they believe that the cracks were a result of defective workmanship and not a result of improper specifications. The mere fact that the City inspector said that your client could fill the cracks with a grouting mixture and that the City would accept the project is not binding on the City. In any event, filling the cracks with grout did n~t work as the cracks still exist. Despite the differences of opinion which exist between the City's engineering staff and your client, the City Engineer has indicated that he would like to achieve a negotiated settlement of this dispute. To that end the City Engineer has recommended that we offer to "split the difference" with your client. That is, we will EXHIBIT 4 Lawrence Hutton -2-December 4, 1985 recommend that the City Council make the pay~ents outlined in Mr. Allen's September 10, 1985 letter with the exception instead of withholding $5,000 as an estimate of the cost to do the repair work that the City would withhold $2,474.37 as damages for failure to properly do the concrete work. Your client would, of course. drop his claim for. interest. If this is satisfactory to your client please let us know as quickly as possible so that we may process the ehange order and pay your client as expeditiously as possible. Thank you for your patience in this matter. rmh c _: City Engineer Very truly yours, VINCENT F. BIONDO, JR. City Attorney (i -IJ/20" ' ,(h/:1/ ~/ DA IEL s, HENTSCHK"E Assistant City Attorney !..AWRE:NCE A HUTTON HAI.PH O AOAMS PAUi.A VORT>-<uN•VVTAi..A M1C,.,AO::i.. ., 1"0RC..,,A December 16, 1985 Daniel S. Hentschke Assistant City Attorney City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008-1989 COLTO0 CALIFO!l.0IA ?2324 l114; -"""c"e: 1?,41 82'3•).:.:3 154- ~ ~ ~ i Re: CONTRACT BALANCE DUE ON CONTRACT #3159 Our File-Brenton Lee Rhoades Equipment Dear Daniel: This letter is in response to your letter of December 4, 1985, and our conversation of December 6, 1985, clarifying the terms of said letter. I have discussed the terms of your counter offer with my client and he has authorized me to formally accept it. As I understand it is that the City of Carlsbad, California, will pay to Brenton Lee Rhoades Equipment, as expeditiously as possible subsequent to the first regular meeting of the city council of said city in January, 1986, the sum of $14,261.50 plus $50.00 held as retention monies assoc- iated with contract #3159 less the sum of $2,474.37 or a net sum of $11,837.13. This acceptance is not to be construed as an admission of liability for any defective workmanship whatsoever on the part of Brenton Lee Rhoades Equipment, and said party expressly denies such liability in its entirety, and that this acceptance is made merely to avoid litigation and buy said party's peace. Therefore, as you represented in the conversation of December 6, 1985, I assume you ~ill recoi:unend to the city council that said payment be made to Brenton Lee Rhoades Equipment as outlined above and that the appropriate change order be submitted to the city council of the City of Carlsbad, California, at the first regular meeting of said city council in January, 1986. EXHIBIT 5 ,,. r -, , - .//,, 1,,1('./il'J/I 'I. Hunan ADflffiS flOD fOQTHUn Daniels. Hentschke December 16, 1985 Page 2 It will b~ appreciated if you will pay the above sum to Mr. Rhoades through our office shown above. Thank you for your professional courtesy and prompt attention to this matter. Sincerely, HUTTON, ADM-1S & FORTHUN Lee Rhoades LAH/jt NrTICE Of COMPLETION ENGINEERING To All Laborers and Material Men and to Every Other Person Interested: YOU WILL PLEASE TAKE NOTICE that on January 7, 1986, the Engineering project ~onsisting of the construction of the Police Firing Range on which Brenton Lee Rhoades was the Contractor, and Balboa Insurance Company was the surety, was completed. CITY OF CARLSBAD DONALD E. DONOVAN _________ _ City Engineer VERIFICATION Of CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad; the City Council of said City on-----------------····' 1986, accepted the above described work as completed and ordered that a Notice of Completion be filed. I declare under penalty of per jury that the Foregoing is true and correct. Executed California. on __ ·-··-------·········-' 1986 at Carlsbad, CITY OF CARLSBAD ALE TH rr:--R·A u TEN l(RAtfz" ........ .. City Clerk EXHIBIT 3 / Re~nrQing Requested City'Clerk 1200l Elm Avenue Carlabad, CA 92008 Bv and Return To: , ·~ NOTICE Of COKPLETION ENGINEERING To All Laborers and Material Men and to Every Othar Person Interested: YOU WILL PLEASE TAKE NOTICE that on January 7, 1986, the Engineering project consisting of the construction of the Police Firing Range on which Brenton Lee Rhoades was the Contractor, and Balboa Insurance Company was the surety, was completed. CITY OF CARLSBAD ~-..;....:;a ... DONALb.ifONOVAN ----- City Engineer YER~~ICATIO~ OF CITY CLERK I, the undersigned, say: I am the City Clerk of the City of Carlsbad; the. City Council of said Cit}' on ..,:;rs.1.-l..t.Ull!..t' __ _z_ _____ , .. , 1986, accepted the above described work as completed and ordered that a Notice of Completion be filod. I declare under penalty of perjury that the foregoing is true and correct. Executed California. on~ ___ CJ. 4 ...... ·-' 1986 at Carlsbad, CliY 01-" CARLSBAD EXHIBIT 3 l 2 3 4 RESOLUTION NO. -~83~3~3 __ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING ADDDITIONAL COSTS FOR THE POLICE FIRING RANGE AND APPROPRIATING ADDITIONAL FUNDS (PROJECT NO. 3159) 5 WHEREAS, funds in the amount of $50,000.00 were appropriated 6 for the Police Firing Range by the City Council and are available 7 in Account No. 330-820-18-10-3159; and 8 WHEREAS actual field-measured quantities will add an addi- 9 tional $14,261.50 to the contract amount; 10 NOW, THEREFORE, BE IT RESOLVED by the City Council of the 11 City of Carlsbad, California, as follows: 12 13 1. That the above recitations are true and correct. 2. The addition of $14,261.50 to the contract amount is 14 hereby approved. 15 3. Funds in the amou:,t. of $14,261.50 are hereby 16 appropriated from the General Capital Construction Fund to the 17 project account number 330-820-18-10-3159. 18 PASSED, APPROVED AND ADOPTED at a regular meeting of the 19 Carlsbad City Council held on the 20 by the following vote, to wit: 7th day of January , 1986 21 22 23 24 25 26 27 28 AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine ATTEST: NOES: None ABSENT: None at4-,t.~ - ALETHA L. RAUTEm<RANZ,C~lerk (SEAL) .I