HomeMy WebLinkAboutMINUTES - 01132004 - C36-C41 To: BOARD OF SUPERVISORS Contra
Costa
FROM: John Cullen,Director YlniK `,Employment and Human Services Depart , ' o County
Bob Lanter,Executive Director
Workforce Development Beard
DATE: December 30, 2003
SUBJECT: APPROVE and AUTHORIZE the Employment and Human Services Director, or designee,on
behalf of the Workforce Development Board, to EXECUTE contract amendment with Actuate
Consulting(#18-074-1)to extend the term from January 15,2004 to February 27, 2004 and
increase the payment limit by$10,000, from $25,500 to a new payment limit of$35,500, for
consultation and facilitation services to the Workforce Development Beard.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, on behalf of the
Workforce Development Board,to EXECUTE contract amendment with Actuate Consulting(#18-074-1)to
extend the term from January 15, 2004 to February 27, 2004 and increase the payment limit by$10,000, from
$25,500 to a new payment limit of$35,500, for consultation and facilitation services to the Workforce
Development Board.
FINANCIAL.IMPA T
$10,000: 100%Federal Workforce Investment Act funds. No County Cost.
RACKGR ITND-
Contractor was selected after a competitive bid process (RFI# 188)to provide consultation and facilitation
services to the Workforce Development Board(WDB)in connection with the development and issuance of a
Request for Proposal (RFP) for the operations of the One Stop Career Centers. The Workforce Investment Act
of 1998 (WIA)requires that the Workforce Development Board(WDB) select a One-Stop Operator. This will
be done in a competitive process through a RFP as determined by the Contra Costa WDB under authority of the
Workforce Investment Act. Contractor will facilitate and assist WDB with the procurement process and will
provide technical assistance related to WIA.regulations and Operator service delivery. This Board Order will
extend the contract term and increase the payment limit accordingly in order for Contractor to provide additional
services not previously anticipated related to the development of necessary forms and ranking sheets and the
refining the final RFP document.
CONTENDED ON ATTACHMENT-.----YES SIGNATURE:
_.,��kOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
--X PROVE OTHER
SIGNATURE(S): �$
ACTION OF BOARD ON
APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
�X UNANIMOUS i HEREBY CERTIFY THAT THIS IS A TRUE
(39"EwNT�__IV,,, _j _ _} AND CORRECT COPY OF AN ACTION TAKEN
AYES.: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: - a_ OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED
JOHN SWEETEN,CL K OF THE BC)ARO OF
SUPERVISORS AND OUNTY ADMINISTRATOR
Contact:
cc: EHSrl(CONTRACTS UNIT)-V1YI r t :
COUNTY ADMINISTRATOR BY � � °�. � �' ���,��_v - —,DEPUTY
AUDITOR-CONTROLLER
CONTRACTOR.
TO BOARD OF SUPERVISORS � ,ra Contra
FROM: Leslie T. Knight, Director of Human Resources •,' w ` •
Costa
DATE: January 13, 2004
County
SUBJECT: Employment Contract with John Sweeten
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE and AUTHORIZE Chair, Board of Supervisors, to execute an
Employment Agreement with John Sweeten, for services as County Administrator
during the period March 1, 2004 through March 1, 2006.
BACKGROUND:
The existing contract with John Sweeten for services as County Administrator expires on
February 29, ,'004. The Board has before it the attached proposed contract with Mr. Sweeten
to cover the te.m March 1, 2004 through March 1, 2006.
This agreement would have no material financial impact on the fundingstatus of the Contra
Costa County Employees' Retirement System.
CONTINUED ON ATTACHMENT: `FES SIGNATURE: -
-------–__ __._ _.......____.... ___... ___------------------------__-----.------__.---__ __.� _- __�_..
RECOMMENDATION OF COUNTYADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
_o,,,—APPROVE OTHER
SIGNATURE(S): '
---------------------- _ _ `-e"" ....! __----....w--------- _----_.------------.------ ------------_-..--------------------
ACTION OF BO �iD N 1KIIJAPPROVE AS RECOMMENDED®. AV __ OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFYTHATTHIS IS A TRUE
X UNANIMOUS AND CORRECT COPY OF AN ACTION TAKEN
(ABSENT IV--j �) AND ENTERED ON THE MINUTES OF THE
AYES: —NOES: BOARD OF SUPERVISORS ON THE DATE
ABSENT. ABSTAIN.—
SHOWN,
ATTESTED: JOHN SWEETEN,CLERK OFTHE BOARD
Ot,%UPERViSORSAND COUNTY ADMINISTRATOR
CONTACT: Leslie Knight(335-1766)
CC: John Sweeten,County Administrator ,
Kenneth J.Corcoran,Auditor-Controller
Silvano B.March€si,County Counsel
DEPUTY
EMPLOYMENT AGREEMENT FOR
JOHN R. SWEETEN
The County of Contra Costa, a political subdivision of the State of California, hereinafter
referred to as "Employer" and John R. Sweeten, hereinafter referred to as "Employee" in
consideration of the mutual promises made herein, agree as follows:
ARTICLE 1, TERM OF EMPLOYMENT
Section 1.01
Employer will employ Employee for a period commencing March 1, 2004 and
continuing through March 1, 2006.
ARTICLE 2. DEVOTION TO EMPLOYER'S BUSINESS
Section 2.01
(a) Employee shall devote his attention to the business of the Employer and as
provided in Contra Costa County Ordinance Code Chapter 24-4.
(b) This agreement shall not be interpreted to prohibit Employee from making
personal investments or conducting private business affairs otherwise allowed by
applicable statutes and regulations.
ARTICLE 3. OBLIGATIONS OF EMPLOYER
Section 3.01 —General Description
Employer shall provide Employee with the compensation, incentives and benefits,
specified elsewhere in the agreement, as well as reimbursement of actual and necessary
business expenses in the same manner as provided other department heads.
Section 3.02—Office and Staff
Employer shall provide Employee with a private office, secretary, staff, office
equipment, supplies and all other facilities and services suitable to Employee's position
and adequate for the performance of his duties.
Section 3.03 --Employer Indemnification
In accordance with and subject to California's Tort Claims Act (Government Code
Section 825 et seq.), Employer shall defend and indemnify Employee against and for all
losses sustained by Employee in direct consequences of the discharge of his duties on
the Employer's behalf for that period of his employment.
s
is
ARTICLE 4. EMPLOYEE BASE COMPENSATION
Section 4.01= Base Compensation
Employee shall be compensated annually for services performed during the term of the
agreement at an annual salary of$211,109.04. The Employee shall also continue to
receive annual salary increases at the same time and rate as may be granted after March
1, 2004 by the Employer to other management and unrepresented classifications as
applicable during this agreement's term.
Section 4.02—Retention Incentive
In addition to annual salary increases provided under Section 4.01, Employee shall
receive a retention incentive pay increase of 2% effective March 1, 2004 and a retention
incentive pay increase of 5% effective March 1, 2005. Said increases shall be included
in the Employee's base compensation.
ARTICLE 5. RETIREMENT HEALTH LEAVE
AND OTHER CONTINUING BENEFITS
Section 5.01 —Pension System
Employee shall be considered an employee for purposes of eligibility for participation in
benefits under the County Employee's Retirement Act of 1937.
Section 5.02—Benefits Generally
Except as provided elsewhere in this Article, Employee shall be entitledduring the term
of this agreement to the continuation of all health, dental and retirement'benefits which
are accorded to other department heads, an automobile and mileage allowance
commensurate with what the Board of Supervisors receives and such other benefits as
are contained in the Management Resolution No. 20031698 adopted December 16, 2003,
and amended from time to time.
Section 5.03 —Deferred Compensation
Employee shall be provided fourteen thousand dollars as a deferred compensation
contribution that will be added to employee's deferred compensation account effective
July 1, 2004 and sixteen thousand dollars that will be added to employee's deferred
compensation account effective July 1, 2005. If after July 1, but prior to June 30th of
the next succeeding year, for any reason, the Employee's employment terminates during
this agreement's term or the agreement otherwise expires, the Employee shall be entitled
to a deferred compensation account contribution prorated from July 1 to include the
time period the Employee served prior to the next June 30th . Further, if, for any reason,
all or part of such deferred compensation cannot be made into the deferred
compensation account, employee shall be entitled to an equivalent lump sum payment.
2
I ,
Section 5.0,. —Sick Leave and Management Leave
Employee shall continue to receive and accrue during the term of this agreement sick
and management leave at the same rate as accrued by other department heads.
Section 5.05—insurance Replacement Payment
In lieu of health and dental benefits provided to management employees, which
Employee is entitled to receive at the family rate in accordance with section 5.02,
Employee shall receive an Insurance Replacement Payment, included in base pay,
consisting of a monthly cash payment equal in amount to the cost Employer would incur
in providing Health Net PPO (or comparable) health insurance and Delta Premier dental
(or comparable) insurance that is provided to management employees at the family rate.
This payment is intended to provide cash with which Employee may select appropriate
insurance coverage. During each of the annual open enrollment periods'during the term
of this agreement, Employee, in his discretion, may choose to receive either(1) the
Insurance Replacement Payment in lieu of the health and dental benefit items of
advantage that are provided to management employees, or(2)the benefits listed in this
section. Base pay for the purpose of computing cost of living adjustments (COLA's)
will not include the Insurance Replacement Payment amount.
Section 5.06--Vacation
In lieu of vacation accrual as provided for in Management Resolution No. 2003/698 as
amended, five weeks vacation shall be credited to Employee's vacation balance as of
March 1, 2004; six weeks vacation shall be credited to Employee's vacation balance as
of February 1, 2005; and seven weeks vacation shall be credited to Employee's vacation
balance as of February 1,2006. Employee's vacation accumulation shall be unlimited.
Employee shall be permitted to sell back up to one-third of vacation hours credited to
his account that calendar year. Base pay for the purpose of vacation sell back will not
include the Insurance Replacement Payment amount.
Section 5.07—Final Compensation for Retirement Purposes
Employer shall report to Contra Costa County Employees Retirement Association as
"final compensation for retirement purposes"the amount of compensation, including
adjustments to account for implementation of the Ventura decision and any other
appropriate adjustments, the amount of compensation unlimited by the application of
Internal Revenue Code §401(a)(17). Employer agrees that the reporting of this
unlimited amount is necessary to ensure that Employee receives protection of
"grandfather"provisions with respect to pension benefit calculations for service to pre-
July 1996 employers.
3
ARTICLE 6. TERMINATION
Section 6.+ l —Termination Notice
At the sole discretion of each party, the Employer or Employee may terminate this
agreement's employment of the Employee upon 60 days'prior written notice to the other
party subject to any other applicable provisions of this article or agreement. Further,
prior to any termination,the Employer(by the Board of Supervisors)may at any time
and at its sole discretion relieve the Employee of the authority and quarters provided and
duties required by this agreement by placing the Employee on administrative leave at
the salary and compensation levels specified by this agreement.
Section 6.02—Employer Termination
Should the Employer terminate this agreement during its term, the Employee shall be
entitled to the lesser of six months of severance salary pay(as set forth in Article 4) or
salary payment(as set forth in Article 4) for the remainder of the agreement's term
through March 1, 2006. However, should the Employee be convicted of a misdemeanor
or felony involving moral turpitude (such as fraud, embezzlement, bribery, or perjury)
by a state or federal trial court and/or jury, Employer may immediately terminate the
Employee's employment and the Employee shall then not be entitled to any severance
salary pay or salary payment as otherwise provided by this Section.
Section 6.03 --Employee Termination
Should the Employee terminate his status as an employee pursuant to this agreement, he
shall not be entitled to severance pay as provided in Section 6.02.
ARTICLE 7. GENERAL PROVISIONS
Section 7.01 —Entire Agreement
Effective March 1,2004, this agreement contains all of the covenants and agreements
between the parties with respect to that employment in any manner whatsoever. Each
party to this agreement acknowledges that no representation, inducements,promises, or
agreements, orally or otherwise, have been made by any pays or anyone acting on
behalf of any party,which are not embodied herein, and that no other agreement,
statement, or promise not contained in this agreement shall be valid or binding on either
ply.
Section 7.02 --Modifications
Any modifications of this agreement will be effective only if in writing and signed by
both parties.
r
4
Section 7.03 —Residency
The "county residency provisions of Government Code section 24001 and Contra Costa
Cou—ty Ordinance Code section 24`4.004 are hereby waived for John Sweetens
appointment and service as County Administrator, in accordance with the provisions of
County Ordinance Code section 24-4.004. Employer finds that the best interests of the
County will be served by this waiver. Employee currently resides 2.5 miles outside the
County boundary. This waiver will permit Employer to avoid paying relocation costs,
and this waiver will permit Employee to focus all his attention on issuesof concern to
the County without the substantial distractions that would otherwise unavoidably attend
a requirement to sell his existing home and purchase a new home a very short distance
away.
Section 7.04—Partial Invalidity
If any provision in this agreement is held by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in
full force and effect without being impaired or invalidated in any way.
Executed on January 13, 2004, at Martinez, California.
COUNTY OF CONTRA.COSTA
FEDERAL D. GLOVER
Chair of the Board of Supervisors
JOHN R. SWEETEN
County Administrator
3
t
5
{ $
TO: BOARD OF SUPERVISORS Y �'
William Walker, M.D. , Health Services Director
FROM: By: Jacqueline Bigg, Contracts AdministratorContra
Costa
DATE: December 30, 2043 0.,%County
SUBJECT: Approval. of Contract ##26-982-1 with Michael J. Van Duren, M.D.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
REC9=N , SON(S) :
Approve and authorize the Health Services Director, or his designee,
(Jeff Smith, M.D. ) to execute on behalf of the County, Contract ##26-
982-1 with Michael J. Van Duren, M.D. , (Specialty:
Obstetric/Gynecology) , in an amount not to exceed $76, 565, for the
provision of 24 hour in house on-call Obstetric and Gynecology
services, for the period from January 1, 2004 through December 31,
2006 .
DISCAL I ACS`:
Cost to the County depends upon utilization. As appropriate,
patients and/or third party payors will be billed for services .
BACKGRO /REASON(S) EOR RECt7MMENDA IONS:
For a number of years the County has contracted with Medical and
Dental Specialists to provide specialized professional services
which are not otherwise available in its hospital ',snd clinics .
On January 16, 2001, the Board of Supervisors approved Contract #26--
982 with Michael J. Van Duren, M.D. to provide 24 Your in house on--
call Obstetric and Gynecology services, including but not limited
to, consultation, and medical and/or surgical procedures, for Contra
Costa Regional Medical Center and Contra Costa Health Centers,
through, for the period from Janaury 1, 2001 through December 31,
2003 .
Approval of Contract #26-982-1 will allow the Contractor to continue
to provide services through December 31, 2006 .
CONIINUEl2QNAT.TACHMENT;_____ YES T '
RECOMMENDATION OF COUNTY ADMINISTRATOR R OMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGN RE '��
ACTION OF BOARD 0$4 'y e f r�c�{ y , APPROVED AS RECOMMENDED OTHER
1�
VOTE OF SUPERVISORS
�X�UNANIMOUS i HEREBY CERTIFY THAT THIS IS A TRUE
(ABSENT_IV__) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN:_ OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED rt'l/6i/LirUt r _ •-✓ � s/1
JOHN SWEETEN,CLEV OF THE B ARD of
Contact Person: Jeff Smith, M.D. (370W5113) SUPERVISORS ANIS COUNTY ADMINISTRATOR
CC: Health Services Dept. (Contracts) ';
Auditor-•Controller
Risk Management BY - `� Y.b DEPUTY
Contractor
TO: BOARD OF SUPERVISORS
William Walker, M.D. , Health Services Director
FROM: By: Jacqueline Pigg, Contracts Administrator
Contra
DATE: December 30, 2003 01*1
aunty
SUBJECT: Retroactive Payment to Nils Parson, M.D. 4004
31
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S) :
Ratify purchase of services from Nils Parson, M.D. , Self-employed
Individual, (Specialty: Thoracic and Vascular Surgery)', for the period
from January 1, 2003 through December 31, 2003 , and authorize the
County Auditor-Controller to pay the $75, 000 outstanding balance for
the provision professional Thoracic and Vascular surgery services .
FISCAL IMPACT:
Enterprise I budget . Cost to the County depends upon utilization. As
appropriate, patients and/or third party payors will be billed for
services .
REASONS FDIC RECt MMENOATIONS/BACKORO-UND:
On April 9, 2002, the County Board of Supervisors approved Contract
#26-928-9 with Nils Parson., M.D. , for the period from 'January 1, 2002
through December 31, 2002, to provide Thoracic and Vascular Surgery
services, including on-call coverage, evaluation and management
services, and medical and/or surgical procedures with a payment limit
of $86 , 643 .
It was the intent of the Department and Dr. Nils Parson, to continue
thoracic and vascular surgery services through fiscal year ending
December 31, 2003 , but due to a lengthy and unsuccessful negotiation
process between the parties a renewal Contract was never executed.
Services were requested and provided by the Contractor in good faith
through the end of December 31, 2003 with an outstanding balance in the
amount of $75, 000 .
The Department is requesting that the amount due to the Contractor be
paid. This can be accomplished by the Board of Supervisors ratifying
the actions of the County employees in obtaining provisions of a value
in excess of the contract payment limit . This will create a valid
obligation on the part of the County, retroactively authorizing all
payments made by the Auditor-Controller up to now, and authorizing
payment of the balance .
{
CONTINUM
NATT8QHMENT: YES
IGNATUR;:
'RECOMMENDATION OF COUNTY ADMINISTRATOR �t f�COMMENDATION OF BOARD COMMITTEE
PPROVEOTHER /
1 N T" �
ACTION OF BOAR?/<')N $ APPROVED AS RECOMMENDED OTHER
e
VO3€OF SUPERVISORS
_X�UNANIMOUS I HEREBY CERTIFY THAT THIS IS A TRUE
(ABSENT_IV�j AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED, t,r rss�tj i tj
JOHN SWEETEN,CL OF TA BOARD OF
Contact Person:Jeff Smith, M.D. (370-5113) SUPERVISORS AND OUNTY ADMINISTRATOR
CC: Health Services Dept. (Contracts)
Auditor-Controller i
t
Risk Management BY DEPUTY
Contractor
TO: BOARD OF SUPERVISORS CONTRA
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES n` . COSTA ti.+ �
DATE: JANUARY 13, 2004 +�r�COUNTY
i/
SUBJECT: APPROVE AND AUTHORIZE EXECUTION OF CHANGE ORDER NO. 1, IN THE
AMOUNT OF $500,000, TO THE CONSTRUCTION CONTRACT WITH NORSE
CONSTRUCTION, INC./B.C. SERVICES, INC., A JOINT VENTURE, TO INCREASE
THE CONTRACTING LIMIT FROM $1.5 MILLION TO $2.0 MILLION FOR THE JOB
ORDER CONTRACTING PILOT PROGRAM WW0343
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. APPROVE Change Order No. 1 to the contract dated May 13, 2003 with Norse Construction,
Inc./B.C. Services, Inc., A Joint Venture, for the Job Carder Contracting ("JOC") Pilot Program.
2. AUTHORIZE the Director of General Services, or designee, to execute Change Order No. 1, to
increase the maximum allowable contract limit from $1,500,000 to $2,000,000.
FINANCIAL IMPACT
Approval of the Change Order will not require additional funding since JOC work orders will only be
authorized when funding is available and approved for a particular building renovation or remodeling
project.
BACKGROUND
On May 13, 2003, the Board of Supervisors awarded the JOC contract, with a contract limit of $1.5
million, to Norse Construction, Inc./B.C. Services, Inc., A Joint Venture ("JOC' Contractor"). The JOC
pilot program was established as an alternative method to procure construction services to provide
greater flexibility, reduced time, and cost savings for remodeling and repair work on County facilities.
So far under the JOC contract, the County has completed two projects totaling $208,559. There are
ten additional projects, in various stages of construction, which will be completed under the JOC
program totaling $994,000. It is anticipated that the JOC contract limit of $1.5 million will be reached
in January 2004, leaving approximately four months remaining in the one year pilot program period.
Increasing the contract limit by $500,000 will enable a full year of program evaluation time as
previously authorized by the Board, and allow the JOC program to be used for additional and
unanticipated projects that may come up over the next four months. Given the current budget
situation, only projects that involve non-general fund dollars and/or are highly essential will be
authorized through the JOC contract.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
�- FtECOMMENDATION OF COUNTY ADMINISTRATOR __RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOPj D t N 41 tL¢* 'f. /''�' APPROVED AS RECOMMENDED-- OTHER
4A 4 I
OTE OF SUPERVISORS
�X•�UNANIMOUS
(ABSENT�-1'Ve.,,}
AYES: NOES:
ABSENT: ABSTAIN:
MEDIA CONTACT:BARTON J.GILBERT(313.7100)
Originating Dept.:General Services Department
I HEREBY CERTIFY THAT THIS 35 A TRUE
cc: General Services Department AND CORRECT O
ON TAKEN
Capital Projects Management Division AND ENTERED ON THE MINUTES Y OF AN IOF HE BOARD
Accounting OF SUPERVISION THE DATE SHOWN.
CPM File: 000-0301/C.5.2
000-0301/A.5 ATTESTED `)'� Jk, `
County Administrator's Office JOHN SWEETEN,CLE OF THE--SC!ARD OF SUPER SOBS
County Counsel ARND COUNTY ADMINI§TRATOR
Auditor Controller y
�r
Gordian Group(via CPM) By Wig, r` s& _ DEPUTY
Norse Construction/B.C.Services,Inc,(via CPM)
H:12003\0000301103A001058b.doc RL:tb Rev.12130/03 Page 1 of 2 M382(10(68)
APPROVE AND AUTHORIZE EXECUTION OF CHANCE JANUARY 13, 2004
ORDER NO. 1, IN THE AMOUNT OF $600,000, TO THE
CONSTRUCTION CONTRACT WITH NORSE
CONSTRUCTION, INC./B.C. SERVICES, INC., A JOINT
VENTURE, TO INCREASE THE CONTRACTING LIMIT FROM
$1.6 MILLION TO $2.0 MILLION FOR THE JOB ORDER
CONTRACTING PILOT PROGRAM (WW0343)
It was previously reported to the Board that JOC programs utilized at other jurisdictions typically result
in cost and time savings. Based on actual projects and data during the pilot period through October
2003, the County's JOC program has resulted in construction cost savings averaging 7%, or
approximately $10,000, per project. Administrative cost savings averaged 59%, or approximately
$5,000, per project. Contracting time reductions ranged from 14 to 86 days, or an average time
savings of 46 days per project, when compared to traditional construction procurement processes.
The JOC pilot program has also exceeded the requirements of the County's Outreach and SBE
program requirements. The subcontractor maximum participation goal of 30% has been met, with
actual results exceeding 60%. The SBE participation average for all JOC contracted work is 89%
exceeding the goal of 50010.
The JOC pilot program is progressing successfully. Project delivery time has been reduced and cost
savings have been realized consistent with the pre-implementation anticipated program benefits.
Therefore, it is recommended that the contract limit be increased to continue the progress that has
been made, complete the pilot program period, and to allow additional approved capital projects to be
completed.
RL.tb
H:12003\0000301\03A001058b.doc Page 2 of 2 M382(40188)
CONTRA COSTA COUNTY
GENERAL SERVICES DEPARTMENT
CAPITAL PROJECTS MANAGEMENT DIVISION
1220 MORELLO AVENUE, SUITE 100
MARTINEZ, CALIFORNIA 94553-471.1
(925) 313-7200 FAX(925) 313-7299
Effective Date: January 13, 2004
File: 000-0301/C.5.2
CHANGE ORDER NO. 1
Contract for Construction of. JOB ORDER CONTRACT-001
Effective Date of Contract: May 13, 2003
Authorization No.: WW0343
TO: Norse Construction, Inc/B.C. Services, Inc., A Joint Venture
9385 Old State Highway
Newcastle, CA 95058
You are directed to make the following changes in this Contract:
Item l-1: Increase the contract limit for additional projects as they occur and as authorized by the County.
ADD: $500,000.00
ATTACHMENTS: None
The Original Contract Price was...................................................................................................$ 1,500,000.00
Net Change by previously approved Change Orders....................................................................$ -0-
The Contract Price before this Change Order was........................................................................$ 1,500,000.00
The Contract Price will be increased by this Change Order..................................................$ 500,000.00
The new Contract Price, including this Change Order will be.....................................................$ 2,000,000.00
The Completion ".Gime will be unchanged. The Contract Completion Date as of the date of this Change Order
therefore is Ma 12 2004.
RECOMMENDED BY:
Consulting Architect Project Manager Capital Projects Division.Manager
Not valid until signed by both the Public Agency and the Contractor. By signature below, Contractor indicates
acceptance of price stated herein as full compensation for all direct and indirect costs for all work described
above, and as fill compensation for any effects this change may have on the project in its entirety and/or on the
time required to complete the project.
PUBLIC AGENCY: CONTRACTOR:
By By
Contra Costa County Date Authorized Officer Date
Director of General Services
RL:tb
11:\2003\0000301\03A001059g.doc Rev. 12/30/03 Page 1 of 1
TO: BOARD OF SUPERVISORS CONTRA
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES "`. COSTA
DATE: JANUARY t 2004 r COUNTY
SUBJECT: APPROVE THE THIRD AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH LUSTER NATIONAL, INC. FOR THE CONTRA
COSTA COUNTY ANIMAL SERVICES FACILITY, 4800 IMHOFF PLACE,
MARTINEZ FOR THE ANIMAL SERVICES DEPARTMENT (WH415F)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION.;
1. APPROVE the Third Amendment authorizing extra work under the Consulting Services
Agreement dated November 14, 2000, with Luster National, Inc. ("Luster") for additional project
and construction management services for the Contra Costa County Animal Services Facility,
4800 Imhoff Place, Martinez. The Third Amendment increases the scope of services and
increases the Payment Limit from $365,000 to $495,000.
2. AUTHORIZE the Director of General Services, or designee, to execute the Third Amendment to
the consulting services agreement and to issue written authorizations for extra work, in addition
to the authorization for the Third Amendment, provided that the cumulative total cost for such
additional authorizations shall not exceed $25,000.
FINANCIAL IMPACT
Funds are budgeted in the Plant Acquisition Fund to pay for the additional project and construction
management services.
BACKGROUND
On November 14, 2000 the Director of General Services approved a consulting services agreement
with Luster for pre-construction management services for the Martinez Animal Services Facility. The
First Amendment increased the scope of services and extended the Completion Date from August 1,
20101 to May 31, 2002.
f
CONTINUED ON ATTACHMENT: X YES SIGNATU
RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOA MITTEE
APPROVE -OTHER
SIGNATURE(S):
ACTION OF BOARD ON fts`� ': %f' ., APPROVED AS RECOMMENDED OTHER
,f
VOTE OF SUPERVISORS
�XUNANIMOUS
TA—B§E�NT„___,1V_,_
AYES: NOES:
ASSENT: ABSTAIN:
MEDIA CONTACT:BARTON J.GILBERT(313-7100)
Originating Dept.:General Services Department
cr,: General Services Department I HEREBY CERTIFY THAT Nti5 A TRUE
AND CORRECT COPY OF AN ACTION
CTION TAKEN
Capital Projects Management Division AND ENTERED ON THE MINUTES OF THE BOARD
Accounting
OF SUPERVISOR THE DATE SHOWN, 1
GPM File: 125-0101IA.1.1 r
125-01011A.5 ATTESTED r . 'Z�6 .
County Administrator's Office JOHN SWEETEN,CI K OF THE 90ARD OF SU ERVISORS
County Counsel COUNTY AD MI ISTRATOR
Auditor Controller
Animal Services Department(via CPM) BY > '
Consultant(via GPM) DEPUTY
H:12000125000031001.003198b.doa LDR:tb Rev. 12/30/03 Page 1 of 2 M382(10188)
APPROVE THE THIRD AMENDMENT TO THE JANUARY 20, 2004
CONSULTING SERVICES AGREEMENT WITH LUSTER
NATIONAL, INC, FOR THE CONTRA COSTA COUNTY
ANIMAL SERVICES FACILITY, 4800 IMHOFF PLACE,
MARTINEZ FOR THE ANIMAL SERVICES
DEPARTMENT (WH41F)
The Second Amendment increased the scope of services to provide construction management
services as it pertains to the construction prase for the new facility and extended the Completion
Date from May 31, 2002 to Completion of Construction.
The Third Amendment increases Luster's scope of services to provide additional construction
management services and scheduling analysis required due to extensive project delays caused by
the general contractor on this project. To date, the General Services Department has received 13
stop notices from subcontractors, totaling $1,138,190.97. While eightstop notices involving
$701,127.24 have now been resolved, the project is 103 days behind schedule. Estimated
completion of the Shelter is February 19, 2004, but that date is contingent on contractor performance.
H:12000\2500003\00L003198b.doc L1)R:fb Rev.12/30/03 Page 2 of 2 M382(10/88)
File:250-0003/A.1.1
THIRD AMENDMENT TO CONSULTING SERVICES AGREEMENT
FOR THE CONTRA COSTA COUNTY ANIMAL SERVICES FACILITY,
4800 IMHOFF PLACE,MARTINEZ
FOR THE ANIMAL SERVICES DEPARTMENT
(WH4'15F)
I. Effective Date and Parties: Effective January 20, 2004, Luster National, Inc. (herein called "Consultant"), a California Corporation, and the
County of Contra Costa(herein called"County") a political subdivision of the State of California,mutually agree as follows:
2. Pur ose. On November 14, 2000,the parties entered into a contract entitled "Consulting Services Agreement," referred to as the "Agreement,"
which covers construction and project management services for the Contra Costa County Animal Services Facility,4800 Imhoff Place, Martinez.
The Agreement has previously been amended as follows:First Amendment dated July 13,2001 and Second Amendment dated July 23,2002. The
parties desire to further amend the Agreement to expand the scope of service and to increase the payment limit accordingly.
3. Amendments to Aereement:
A. In the Agreement. Section I (c),change the Payment Limit from$365,000.00 to$495,000.00,an increase of$130,000.00.
B. In accordance with Section 14 of the Agreement provide the following:
Increase the scope of services to provide additional construction management services and schedule analysis required due to the extended
project schedule.
4. Effect:
Subject to the revisions made by this and any prior amendments,the Agreement shall remain in full force and effect.
5. Signature:
These signatures attest the parties'agreement hereto:
PUBLIC AGENCY CONSULTANT
By: Date: Type of business:_ _
Barton J.Gilbert (Designate type—corporation,sale proprietorship,partnership,
Director of General Services/Purchasing Agent partnership,government agency,limited inability company,etc.)
If corporation,state of incorporation:
By —
Title:_
(Designate official capacity in the business)
By;
Title:_
(Designate official capacity in the business)
Note to Consultant: For corporations,the contract must be signed by two officers. The first signature must be that of the chairman of the board,president
or vice-president; the second signature must be that of the secretary, assistant secretary, chief financial officer or assistant treasurer. (Civ. Code, Sec.
1190 and Corps.Code,Sec.313.) The acknowledgment below must be signed by a Notary Public.
..................................................................................................................................................................................................
CERTIFICATE OF ACKNOWLEDGMENT
State of California }
ss
County of }
On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for Consultant,personally known
to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument
the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.
WITNESS my hand and official seal.
Dated:
[Notary's Seal] Notary Public
RECOMMENDED FOR APPROVAL:
By: APPROVED AS TO FORM:
Director,Capital Facilities&Debt Management SILVANO B.MARCHESI
County Counsel
By:
Deputy
L.,DRAb
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