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Home My WebLink AboutMINUTES - 01182000 - C62-C64 TO: REDEVELOPMENT AGENCY/BOARD OF SUPERVISORS FROM: Phil Batchelor Executive Director DATE: January 18, 2000 SUBJECT: Port Chicago Highway Widening Project,Bay Point SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS AUTHORIZE the Deputy Director—Redevelopment,on behalf of Contra Costa County Redevelopment Agency, to execute a First Amendment to the Project Agreement and Work Program for the Port Chicago Highway Widening Project in the Bay Point Redevelopment Project Area for fiscal year 1999- 2000. 9992000. AUTHORIZE the Acting Director—Public Works, on behalf of Contra Costa County,to execute a First Amendment to the Project Agreement and Work Program for the Port Chicago Highway Widening Project in the Bay Point Redevelopment Project Area for fiscal year 1999-2000. FISCAL IMPACT No General Funds would be utilized. Redevelopment Agency funds have been budgeted for this purpose. BACKGROUND/REASONS FOR RECOMMENDATIONS On July 1, 1999, the Redevelopment Agency and the County approved a Project Agreement and Work Program for the Port Chicago Highway Widening Project in an amount not to exceed $160,000. A subsequent review of changing project costs resulted in a reduction in the Agency's contribution to the contract amount. Other funds being used for this project include funds from the Area of Benefit. Consequently, an amendment of the previously executed contract to reflect an amount not to exceed $85,000, is recommended for fiscal year 1999-2000. The proposed project is consistent with the Bay Point Area's AB 1290 Implementation Plan's objectives of continuing to improve the area's infrastructure and the attractiveness of Bay Point. CONTINUED ON ATTACHMENT: _Y SIGNATURE: RECOMMENDATION OF EXECUTIVE DIRECTOR RECONDATION OF AGENCY COMMITTEE A_APPROVE ®OTHER 7 SIGNATURE(S): /jw& ACTION OF AGENCY ON.Tanuary 18, 2000 APPROVED AS RECOMMENDED X OTHER This Board Order also relates to item C.71 of the same Board Meeting. VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT } TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE REDEVELOPMENT AGENCY ON THE DATE SHOWN. Contact: Tai J. Williams (925) 335-1251 ATTESTED .January 18, 2000 Orig: Redevelopment Agency PHIL BATCHELOR, cc: County Administrator AGENCY SECRETARY County Counsel Public Works BY , DEPUTY r ,✓ TO: BOARD OF SUPERVISORS CONTRA FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR .4. COSTA COUNTY DATE: January18, 2000 SUBJECT: Juvenile Hall Renovation, Tamalpais Wing, 202 Glacier Drive, Martinez (WH399B) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S) DETERMINE that there is a need to continue the emergency action taken by the Board on August 10, 1999 pursuant to Public Contract Code Sections 22035 and 22050, to complete the Juvenile Hall Renovation, Tamalpais Wing project at 202 Glacier Drive, Martinez. FINANCIAL IMPACT Funding for this project has been budgeted. Per the Board's authorization on August 10, 1999, County Counsel is pursuing appropriate legal remedies against Patrick M. Donaghue, Insurance Company of the West and any other parties responsbile for damages and expenses incurred by the County in excess of the previous construction contract balance. BACKGROUND 1. On December 1, 1993, the Board awarded the construction contract for the Juvenile Hall Renovation, Tamalpais Wing (Tamalpais) project, located at 202 Glacier Drive, Martinez to Patrick M. Donaghue (Donaghue) for $1,034,570. The contract required the placement of a considerable amount of exposed concrete within specified tolerances, consistent with industry standards. 2. Donaghue performed extensive concrete work that was seriously defective. The resulting work threatened to compromise the security and appearance of the facility. Donaghue repeatedly failed to either remove the defects or develop a viable plan for their correction. On August 10, 1999, the Board declared Donaghue to be in material breach an rminated Donaghue's rights under the contract. CONTINUED ON ATTACHMENT: X YES SIGNATURE: ----RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDAT N OF OMMITT E APPROVE OTHER l; SIGNATURE(S):&ae4k ACTION OF BOARD ON I a n u r y 18, ,OO 0 APPROVED AS RECOMMENDED-XX OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A XX UNANIMOUS(ABSENT i _ _ - 1 TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. ATTESTED January 18, 2000 PHIL BATCH OR,CLERK OF THE BOARD F UPERVI ORS B ,DEPUTY Contact: cc: See Page 2 BACKGROUND (continued) 3. On August 10, 1999, the Board declared that, due to the public safety threat posed by the temporary closures at the project, and due to the possible loss of state grant funding, a state of emergency exists. Furthermore, the Board delegated authority to the County Administrator or designee to complete the project and to enter into contracts without the need to re-solicit competitive bids. 4. The County received the bonding company's (Insurance Company of the West; "ICW') response to the County's claim on November 5, 1999. In its response, ICW recognized the seriousness of the defective work and recognized that it likely will cost the County at least $510,985.05 over and above the contract price to fix the defective work. Despite this, ICW gave two unreasonable alternatives to the County—either accept back the original contractor (Donaghue) who did the defective work or accept a "low ball" payment of $118,004.31. ICW s bad faith response amounts to a rejection of the County's claim. Therefore, the County is left with no viable choice but to hire its own contractor to properly complete the contract work in strict accordance with the plans and specifications. This will involve removing the defective construction down to the slab and rebuilding the concrete from that point up. 5. On November 30, 1999, the County Administrator's Office executed a contract with Taber Construction of Martinez for the completion of the project, and issued a Notice to Proceed effective December 6, 1999. The contract amount is $1,198,435, and the contract duration is 150 calendar days. Contact: George Roemer, CAO—County Construction Administrator (5-1055) cc: CAO Finance Auditor/Controller GSD (Accounting)—Terry Mann O'Brien-Kreitzberg Inc. (via CAO) F File: 250-99638.4.1 C THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY,CALIFORNIA Adopted this Order of January 113, 2000,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER NOES: NONE ABSENT: NONE 2000/28 RESOLUTION NO. SUBJECT: Approving Plans and Specifications for Stand Alone Boiler for Family Practice Center at Contra Costa Regional Medical Center, 2500 Alhambra Avenue, Martinez for Health Services Department(CP# 99-102) Authorization No. WPA379 WHEREAS plans and specifications for Stand Alone Boiler for Family Practice Center at Contra Costa Regional Medical Center, Martinez, have been filed with the Board this day by the Director of General Services; and WHEREAS plans and specifications were prepared by W.R. Brown Associates Engineering Consultants; and WHEREAS the cost estimate for the initial construction contract is $96,550.00; and WHEREAS the Board has obtained the general prevailing rates of wages, which shall be the minimum rates paid on this project; and WHEREAS the Board hereby DETERMINES that the project is a California Environmental Quality Act (CEQA) Class 1f Categorical Exemption; DIRECTS the Director of Community Development to file a Notice of Exemption with the County Clerk; and DIRECTS the Director of General Services to arrange for payment of the $25.00 handling fee to the County Clerk for filing the Notice of Exemption and a $25.00 handling fee to Community Development for administration processing costs. IT IS BY THE BOARD RESOLVED that said plans and specifications are hereby APPROVED. Bids for this work will be received on February 17, 2000 at 2:00 p.m., and the Clerk of this Board is directed to publish a Notice to Contractors in accordance with Section 22037 of the Public Contract Code, inviting bids for said work, said Notice to be published in Contra Costa Times . The Director of General Services is directed to mail notices to the construction trade journals specified in Section 22036 of the Public Contract Code at least 30 days before the date of opening the bids. IT IS FURTHER RESOLVED that the Director of General Services, or his designee, is AUTHORIZED to issue bid Addenda, as needed, for clarification of the contract bid documents, provided the involved changes do not significantly increase the cost estimate for the initial construction contract. Orig. Dept.: General Services Dept. - Architectural Division cc: General Services Department Architectural Division G.S. Accounting File: 250-9963/A.5 1 hereby certify that this is a true and correct Auditor-Controller copy of an action taken and entered on the Community Development minutes of the Board of Supervisors on the J. Frattini date shown. Health Services Department (A.D.) ATTESTED: .JANUARY 18, 2000 PHIL BATCHELOR, Clerk of the Board of Supervisors and Count Administrator LR:cm By Deputy 1-1:\1999\2509963\9 L06313b.doc