07 - Laserfiche WebLink

BACKGROUND Fire Station No. 4, located at 1600 Oak Vista Way, was constructed in 2004, and almost immediately started showing evidence of stormwater leaks throughout the building. The original contractor was called back on several occasions to repair roof leaks in the station. The leaks were corrected, and the contractor's maintenance period ended. A few years later, the leaks reappeared. Although the contractor's maintenance period ended, the roof membrane included a longer warranty period. But, after significant testing, it was determined that the membrane was intact and not the source of the water intrusion. City maintenance crews were left trying to address the leaks as they occurred. A CIP was then created to determine the source of the leaks, followed with the design and bid for the needed repair. After reviewing the building "as-built" drawings and dismantling the waterproofing system installed on the parapet walls, it was determined that the leaks were not associated with a construction defect but with a faulty design detail for the waterproofing system in the upper portion of the parapet walls. Since all parapet walls were constructed in accordance with the same detail, it was determined that in order to stop the leaks, the water proofing system on all the parapet walls needed to be removed and replaced with a correct design. The investigation of the parapet walls also revealed that although the roof membrane itself was intact, water had also made its way under the roof membrane from the parapet walls and was causing significant delamination from the roof sub-surface, resulting in significant "blistering" all over the roof. Since the repairs to the parapet walls would require significant labor traffic on the delaminated membrane, it was determined that it must also be replaced as the membrane would be unable to withstand the labor traffic necessary to repair the parapet walls. Plans and specifications were prepared, and the project was competitively bid in June 2018. On August 21, 2018, City Council awarded the contract to the lowest responsive and responsible bidder, Eagle Solutions, Inc. (Eagle), in the amount of$475,000 and authorized the Director of Engineering to approve change orders up to the project contingency amount of $46,000. The work began in September 2018, with the goal of completing the project before the winter rains arrived later in the year. Much of the work was completed, and the contractor was paid for the significant amount of the work they had accomplished, but the project was eventually suspended due to a very wet winter in 2018. The remaining work, as well as corrective action to some work already completed as discovered over the winter, needed to wait until drier weather returned in spring 2019. DISCUSSION When dry weather arrived, Eagle remobilized to the job. Shortly thereafter, the City was notified that Eagle was being dissolved by the Alameda County Superior Court for an issue(s) unrelated to the Fire Station No. 4 project. Since the work was not yet complete, City staff then notified the surety company, Ohio Casualty Company (Ohio), who had provided the contract-required labor and performance bonds on behalf of Eagle. In the meantime, Golden State Roofing (GSR), a subcontractor used by Eagle, filed a Stop Notice with the City indicating that Eagle had not paid them for work Page 2 of 3