Document 416974

first edition G4:first edition G4 11/12/14 9:18 PM Page 1
Presorted
Standard
PERMIT NO. 15
Yountville, CA
94599
Postal Patron Local
ECRWSS
a 21st century newspaper serving the heart of the Napa Valley
Vol. 17, No. 23
Bringing a Doll to Life
Family Fun Day participants Sade Muessel, age 8, and her mother, Johanna
Muessel, work together at the Napa Valley Museum Saturday afternoon using
cornhusks to create a traditional American pioneer doll with the simplest of
materials and the utmost of imagination and concentration. Old and young participants attending this popular cornhusk craft workshop also fashioned cornhusk sunflowers and owl ornaments. These free family activity days are held
monthly on Saturday afternoons. (Photo by Glen Nock.)
Circulation
Workshop
Postponed
The Town of Yountville
has postponed the public
workshop regarding the
Yountville Circulation Plan
update.
Originally slated for
Monday (November 17),
this public workshop will
be rescheduled to a later
date in order to provide
interested residents with
sufficient opportunity to
review the workshop materials.
Notice of the future date
and availability of materials
will be provided in the near
future, said Nathan Steele,
management analyst for the
Town of Yountville.
Questions about the meeting or the circulation plan
can be addressed to Steele at
[email protected]
bsundial
High Low
Wednesday 11/5 77
45
Thursday
82
48
Friday
78
43
Saturday
83
46
Sunday
80
47
Monday
78
45
Tuesday
65
51
Precipitation = nil
Season Total = 1.41
Last Year = 1.08
November 13, 2014
Young Man Takes Pride in Past
14-year-old Wil Twomey of Petaluma inspects one of the 20 vintage military uniforms in his collection, which he brought to the Veterans Home and put on display
in Grant Hall Tuesday to share with Home members on Veterans Day. Twomey
said he also collects military medals and artifacts. His interest in starting such
a collection was born after he met and became acquainted with several veterans
in Petaluma. He decided then that he would do what he could to protect soldiers
and their military service from being forgotten. (Photo by Glen Nock.)
5 Years Later Community Center Remains
Incomplete; Litigation Costs 4x Repairs
Nearly five years after the Town of
Yountville moved into the Community
Center and the remodeled Community
Hall the $9.2 million project is still
incomplete.
For a time it looked as if the needed
repairs to the project’s HVAC system,
roof, skylights, doors, tile, drainage and
plumbing would be made, other
defects on the punch list resolved and
the LEED Gold Certification achieved.
But now, 90 days after that work was
contracted for, the deal has fallen
through because final terms could not
be reached, and the preferred contractor
refused to sign the contract.
In August, shortly after the Town
recovered $1.6 million in claims from
the general contractor and multiple
subcontractors, the Town Council
awarded a design-build construction
contract to rectify the problems with
project’s design and construction.
Those defects had been noted almost
immediately after the project was represented as completed in November of
2009.
That $572,000 repair contract was
awarded to Oakland-based Richard
Avelar & Associates Reconstruction
Services.
The deal was made apart from the
competitive bidding process which is a
general rule for public works and public contract expenditures.
This departure from procedure was
suggested by Deputy Town Attorney
Andrew Jared of Alvarez-Glasman &
Colvin in a staff report to the Council.
He suggested Avelar because an
employee of the company, Tim Stokes,
served as an expert witness in defending the claims against Swank
Construction, the contractor on the
Community Hall project.
Jared
reasoned
that
since
Reconstruction Services had completed
the analysis of the issues on site as part
of the litigation, “significant savings
can be achieved as compared to bringing parties unfamiliar with the site and
its history, making a design-build contract award to Reconstruction Services
without competitive bidding appropriate.”
The Council agreed that this “particularized knowledge” of the nature of
the damages and the repair plan
required to achieve the original intent
of the Town and its architects made
sense and authorized the contract.
Town Attorney Arnold AlvarezGlasman said yesterday, “Avelar was
unwilling to agree to the unique
requirements mandated by State law to
be included in a contract when working
on a public agency contract.”
He said Avelar, which has been in
business since 1982, balked at such
requirements as a State Law requiring
the payment of prevailing wages,
recording requirements and the posting
of a bond.
“We were all surprised,” said
Glasman, who added many hours were
spent negotiating with Avelar over the
terms of the now failed contract. He
confirmed that it was an Avelar representative who initially suggested the
Town pursue this approach to the
repairs.
“The Town acted in good faith,” he
stated.
Since no agreement was ever signed,
the Town has no right to recover any
losses from Avelar.
So now the Town staff must go back
to the drawing board to determine if an
alternate firm should be hired or if the
work should be delegated to a series of
spepcialized construction companies.
Other unfinished business related to
this marathon project is the settlement
of delay claims brought against the
Town by Swank Construction and two
subcontractors. This matter is being
resolved through binding arbitration.
It was anticipated that the arbitrator
would issue his award on or before
August 24, but Glasman said yesterday
the arbitrator has asked for a final brief
on all sides. He estimated that it will
not be until some time next month that
the arbitrator will issue his decision on
this binding arbitration.
Meanwhile the Community Center
complex continues to operate on a daily
basis though black plastic sheeting is in
place on the roof of Community Hall
for another rainy season, the installation of exterior siding on all of the
buildings in the complex is inadequate
or improper and the heating and air
conditioning system is unreliable and
doesn’t meet specified energy efficiency
standards.
The Town has budgeted $800,000 to
make the repairs necessary to bring the
project as close to the standards of the
original contract as possible, but it has
spent more than four times that amount
in construction related litigation.
Legal costs related to the project have
now reached $3.5 and continue to
mount each time the arbitrator asks for
more information.
Community Center
Construction Costs
(rudimentary version)
Construction contract $ 9,200,000
Legal fees
$ 3,500,000
Repair budget
$ 800,000
costs to date
$13,500,000
Legal recovery 6/14 - $ 1,600,000
total expenditure
$11,900,000
binding arbitration award
?
staff time
?