Loading...
HomeMy WebLinkAboutMINUTES - 10262004 - C79-C83 TO: BOARD OF SUPERVISORS _ CONTRA FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES '� COSTA DATE: OCTOBER 26, 2004 STA-�--�� "" COUNTY SUBJECT: CONTINUATION OF EMERGENCY ACTION TO FACILITATE COMPLETION OF THE CONTRA COSTA COUNTY ANIMAL SERVICES FACILITY PROJECT AT 4800 IMHOFF PLACE, MARTINEZ (WH415F) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION DETERMINE that there is a need to continue the emergency action taken by the Board on April 6, 2004 pursuant to Public Contract Code Sections 22035 and 22050 to complete the Contra Costa County Animal Services Facility at 4800 Imhoff Place, Martinez for the Animal Services Department. FINANCIAL IMPACT Costs will be covered by funds deducted from the contract balance for the remaining work. To the extent that the contract funds are not sufficient to cover all expenses, the County presumably will be able to recover the additional amount from the contractor, Dennis J. Amoroso Construction Co., Inc. ("DJA") and/or their surety, Travelers Casualty and Surety Company of America ("Travelers"). BACKGROUND 1. On July 9, 2002, the Board awarded the construction contract for the Contra Costa County Animal Services Facility, located at 4800 Imhoff Place, Martinez, to DJA of San Rafael, California. The contract required completion within 430 calendar days from the starting date. On July 24, 2002 a notice to proceed was issued with a starting date of August 5, 2002 and a contract completion date of October 9, 2003. 2. DJA has not performed in a timely manner and has failed to comply with the scheduling and completion requirements of the contract. As a result of DJA's performance delays, the project presently is over five months late and only about 77% complete. 3. The County repeatedly has notified DJA and Travelers orally and in writing about the lack of progress and concerns with the project schedule. For an extended period of time, DJA and its subcontractors have failed to supply sufficient materials and workers to complete the project, and DJA has failed to comply with the scheduling and completion requirements of the contract, as documented by the following: CONTINUED ON ATTACHMENT: X YES SIGNATURE: &&4k6f _A::n'IiECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD COMMITTEE -APPROVE OTHER SIGNATURE S`: 6_ ACTION OF B ON `•31 `:. t K, � ti` ts x' i APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS y .,I UNANIMOUS(ABSENT AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT:BARTON J.GILBERT(313-7900) Originating Dept.:General Services Department cc: General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE Capital Projects Management Division AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD Accounting OF SUPERVISORS ON THE DATE SHOWN. CPM File: 2513-0003/C.1.1 250-0003/A.5 ATTESTED ()CM Ct• County Administrator's Office JOHN SWEETEN,CLERK OF THE BOARD OF SU5ERVISORS County Counsel AND COUNTY ADMINISTRATOR i Auditor Controller �, Animal Services Department(via CPM) BYrt- ( DEPUTY _,. H:\2000\2500003\00L0o3312b.doc LDR:sc Page 1 of 3 M382(10/88) CONTINUATION OF EMERGENCY ACTION TO October 26, 2004 FACILITATE COMPLETION OF THE CONTRA COSTA COUNTY ANIMAL SERVICES FACILITY PROJECT AT 4800 IMHOFF PLACE, MARTINEZ September 16, 2003 fetter to DJA: Letter requested that DJA take all measures (manpower, scheduling, material procurement, etc.) necessary to prosecute the work in a diligent manner and regain lost time. October 9 2003 letter to DJA: Letter notified DJA that the project was substantially behind schedule and that no firm completion date had been established by DJA, requested that DJA provide a recovery plan, and warned DJA that the County reserved its right to assess liquidated damages for delays. November 3 2003 letter to DJA: Letter notified DJA that, due to financial, scheduling, and other problems under DJA's control, the project was significantly behind schedule and that subcontractors were not performing and reminded DJA of the continuing costs to County operations, including existing lease payment obligations and administrative costs. December 22, 2003 letter to DJA: Letter informed DJA that the County had not received an approved schedule from DJA. Despite the above notices, DJA has failed to take appropriate action to supply sufficient labor and materials to the project, to provide updated schedules, or to comply with the scheduling and completion requirements of the contract. These defaults continue up to the present. 4. Since August 2003, DJA generally has failed to pay bills for labor and materials on the project. As a result, over 26 stop notices totaling more than $1.7 million have been filed on the project. Other subcontractors/suppliers have indicated that they also have not been paid and will be filing stop notices. The numerous stop notices have interfered with the project funding and have made it difficult for the County to arrange payment to necessary subcontractors and suppliers. In addition, over the past six months, many subcontractors and suppliers have slowed or cut off the supply of labor and materials to the project, causing the work on the project to progress erratically and at a slow pace. DJA and Travelers have failed to take effective action to release the stop notices or to deal with the serious financial problems. 5. On January 14, 2004, the County received a letter from Travelers demanding that the County release no further contract funds, including retention, without Travelers' advance, written consent. The notice had the effect of freezing all payments on the project, including those to necessary subcontractors and suppliers. In addition, on February 27, 2004, the County received a writ of attachment from Travelers attempting to take possession of all contract funds. 6. On January 21, January 30, February 6, February 25, and March 16, 2004, the County sent letters or email messages to Travelers demanding that Travelers take prompt action to pay critical subcontractors and suppliers, to restore funding to the project, and to provide a qualified replacement contractor to complete the remaining contract work. On March 17, 2004, the County received a letter from DJA advising that DJA had no objection to Travelers providing a replacement contractor and had urged Travelers to take that action with the County's project. Despite the numerous demands to Travelers, Travelers has failed to take any meaningful action except the one-time issuance of checks to nine subcontractors and suppliers. 7. On March 15, 2004, the County gave a written, ten-day notice to DJA and Travelers pursuant to the contract provisions. The notice listed five defaults, including the ones described above, demanded that DJA correct the defaults by March 25, 2004, and warned that DJA was in material default under the contract and that failure to timely correct the defaults would lead to termination of DJA's contract rights. Despite the notice, DJA and Travelers failed to correct the defaults by the March 25 deadline and continue in their failure to supply sufficient labor, materials, and funding to complete the project. H:1200012500003t00003312b.doc LDR:tb Page 2 of 3 M382(10/88) CONTINUATION OF EMERGENCY ACTION TO October 26, 2004 FACILITATE COMPLETION OF THE CONTRA COSTA COUNTY ANIMAL SERVICES FACILITY PROJECT AT 4800 IMHOFF PLACE, MARTINEZ 8. The above-described defaults affect the entire project and present a potential threat to the animals presently housed in the existing Martinez Animal Shelter. Given the seriousness of the defaults and DJA's repeated failure to take timely action to deal with them, it was recommended that the Board declare DJA in material breach under its construction contract and terminate DJA's rights under the contract. it was also recommended that the Board authorize County Counsel to pursue appropriate legal action, including the negotiation and execution of a takeover agreement or similar agreement with Travelers and the filing and prosecution of lawsuits against DJA, Travelers, and any other responsible parties. 9. The existing Martinez Animal Shelter is obsolete and subject to overcrowding, and it was essential that the new facility be complete and occupied as soon as possible. To deal with this imminent threat to public safety and welfare, and to minimize the adverse impact of extended rent and possible rent increases for the existing Martinez Animal Shelter, it was recommended that the Board delegate to the General Services Director or his designee the authority to respond to the emergency by proceeding with the project in I the most expeditious manner possible, without the need to re-solicit competitive bids. 10. Consequently, on April 6, 2004 (Agenda Item C.105), the Board 1) found that an emergency exists, 2) delegated authority to the General Services Director to proceed in the most expeditious manner to complete the project at 4800 Imhoff Place, Martinez for the Animal Services Department and enter into one or more contracts therefore, and 3) directed the General Services Director to make reports to enable the Board to review the emergency actions and to determine that there is a need to continue the action. 11. The Takeover Agreement between the County and the Surety (Travelers) was executed on August 6, 2004. A Notice to Proceed was issued by Travelers through their agent, Sage Associates, to Robert L. Brown Construction of Martinez. Robert L. Brown and Travelers have executed a Completion Contract with the completion of the work now assigned to Robert L. Brown. Surety agrees to complete the remaining work no later than December 20, 2004. 12. The condition that the Board found to be an emergency on April 6, 2004 continues to exist. Therefore, it is necessary to continue the emergency action previously taken by the Board so that the work can be completed in the shortest time possible. H:120=2500003t001.003312b.doc LDR:tb Page 3 of 3 N382(10/88) TO: BOARD OF SUPERVISORS - '-" To: BOARD OF SUPERVISORS f ,. CONTRA COSTA CtJ►IJNT'Y From. William B.Walker, M.D. Health Services Director Date; October 26, 2004 Subject: EXTENSION OF EMERGENCY DECLARATION AND AUTHORIZATION OF THE COUNTY HEALTH DEPARTMENT IN SUPPORT FOR NEEDLE EXCHANGE PROGRAMS SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Recommendation. CONTINUE with the emergency action originally taken by the Board on December 14, 1999 based on the increasing/epidemic number of AIDS/MV and Hepatitis C cases among injection drug users in Contra Costa County. Background: Continued Need fur Emergency The spread of disease, particularly HIV and Hepatitis C, through the sharing of needles continues to be a grave concern in Contra Costa County. 30% of all people living with AIDS in Contra Costa were infected by injection drug use with the highest number of AIDS cases in West County. As of December 1997, Richmond had the highest cumulative incidence of AIDS (4.8 per 1000 population) among Contra Costa cities, with at least 50 cases. Injection drug use was the estimated mode of infection among 40% of all individuals diagnosed with AIDS in Richmond. Among African Americans diagnosed with AIDS in Richmond 1982-1998 53%were most likely infected through injection drug use. Contra Costa Health Services does not currently provide needle exchange services (it is prohibited fiom doing so absent a declared public health emergency). CCHS does provide senvices focused on injection drug users including: 1-1-11V/AIDS Outreach and Education, 2-HIV antibody testing, 3-Substance Abuse Treatment, 4-Health on Wheels Van, and 5-Substance Abuse Counseling and Treatment for HIV-infected clients. CONTINUED ON ATTACHMENT: YES SIGNATURE: ,''RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMi"ITEE `'APPROVE OTHER SIGNATURES " r ACTION OF BOON; � �,1 � - .. APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS °',t (ABSElu'I 1 #l'!) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: ANIS ENTERED ON TIE,MINUTES OF THE BOARD AYES: NOES: OF SUPERVISORS ON TBE DATE SHOWN. ABSENT: ABSTAIN:- ATTESTED. BSTAIN: ATTESTED JOHN SWEETEN, CI ERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR Contact Person: Wendel Brunner, M.D. 313-6712 CC: Health Services Director Public Health Administration: L BY .. .L - DEPUTY Board of Supervisors Page 2 Emergency Declaration for Support of Needle Exchange Programs Exchange Warks, a community-based needle exchange service currently in operation in Contra Costa currently distributes clean needles on a one-to-one basis. Their volunteer staff currently exchange 5,000 needles per week at two sites. There are no established needle exchange program in East or Central County. PROGRESS SINGE EMERGENCYDECLAAA TION ONDECE.MBER 14, 1'999 At the Board of Supervisors December 14, 1999 meeting, CCHS was directed to take four actions. As of January 7, 2000 the fallowing has been completed: * CCHS has entered into discussions with Exchange Works in West County. • Supplies for the ongoing provision of the services have been identified. • CCHS staff have been identified to assist with the prevision of information and referrals. Documentation forms are being reviewed and revised as necessary to ensure that specific information is available to the Board. • Planning for an East County process will begin later this quarter after the preliminary process in West County is completed. Additional Background Text for Continuous Emergency Declaration for Support of Needle Exchange Programs Public Health Division,AIDS Program. Contact:Christine Leivennann,5-6786 • February 11, 2003 —.Board order submitted to recommend and accept"The Status of HIV Prevention Efforts in Contra Costa County„report to the Board of Supervisors. • February 26,2003 —report submitted to the Family and Human Services Committee, "Options for Continuing Needle Exchange for HIV Prevention" . • March 3, 2003—report submitted to the Family and Human Services Committee, "Needle Exchange Fallow-up Report—Strategies to Support the Non-Direct Costs of Needle Exchange". • .April 16, 2003 —report submitted to the Family and human Services Committee, "Activities to Maintain Threshold Needle Exchange Services in Centra Costa County" (4121/03). • July 28, 2003 --report submitted to the Family and Human Services Committee, "Further Options for Continuing Needle Exchange for HIV Prevention". • September 9, 2003 --Board of Supervisors accepted Health Services reports of April 16 and July 28, and approved a one-year contract with Community Health Empowerment(CHE)to provide needle exchange and HIV prevention services; Contract#22877 with Opportunity West (fiscal agent for CHE); contract term 9/1/03 — 8/31/04. Bo:bos needle exchange update 304 To: BOARD OF SUPERVISORS .' -.:: � ;, CONTRA COSTA � r ., COUNTY From: William B.Walker, M.D. Health Services Director L0_1 Date. October 26, 2004 Subject: Extension of Emergency Declaration Regarding Homelessness SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION Recommendation: CONTINUE with the emergency action originally taken by the Board on November 16, 1999 regarding the issue of homelessness in Contra Costa County. Background: Government Code Section 8630 required that, for a body that meets weekly that the need to continue the emergency declaration be reviewed at least every 14 days until the local emergency is terminated. In no event is the review to take dace more than 21 days after the previous review. With the continuing inclement weather and no additional resources having been able to be placed on.line to assist in sheltering homeless individuals and families, it is appropriate for the Board to continue the declaration of a local emergency regarding homelessness. On November 16, 1999, the Board of Supervisors declared a local emergency, pursuant to the provisions of Government Code Section 8630, on homelessness in Contra Costa County. This local emergency was extended on October 26, 2004. CONTINUED ON ATTACHMENT: NO SIGNATURE 'r'',+"'� . ✓`��° ,.,- RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE --f APPROVE OTHER SIGNATURE{S}: "4".e ACTION OF BbR D ON ' = APPROVED AS RECOMMENCED V OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE V UNANIMOUS ABSENT AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD AYES: NOES: _. OF SUPERVISORS ON THE MATE SHOWN, ABSENT: ABSTAIN: —.. Contact Person: Wendel Brunner, M.D, 313-6792 ATTESTED CC: Health Services Administration JOHN SWEETEN, CLERK OF THE BOARD OF Public Health Administration SUPERVISORS AND COUNTY ADMINISTRATOR f BY �r {.j .. DEPUTY TO: BOARD OF SUPERVISORS FROM: MAURICE SHIU, PUBLIC WORKS DIRECTOR [TATE: October 26, 2004 SUBJECT: CONTINUE the emergency action originally takers by the Board of Supervisors on August 17, 2004, regarding the repair of Sart Pablo Avenue Bridge at Rodeo Creek, Rodeo area. (100% Local road Funds) (District Il) Project No. 0672o6U2522 Specific Request(s) or Recommendation(s) & Background & Justification 1. RECOMMENDED ACTION: Continue the emergency action taken by the Board of Supervisors on August 17, 2004, pursuant to Public Contract Code Sections 22035 and 22050, to repair of the San Pablo Avenue Bridge at Rodeo Creek, as recommended by the Public Works Director, Rodeo area. Continued an Attachment: X SIGNATURE: •''� .. COMMENDATION OF COUNTY ADMINISTRATOR R�COMM NDATION OF BOARD COMMITTEE APPROVE iOTHER SIGNATURE(S): { ACTION OF BOAR ON '� ` PPROVED AS `L RECOMMENDED ' OTHER VOTE OF SUPERVISORS V UNANIMOUS(ABSENT AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct RT:AK:kd copy of an action taken and entered on the G:Malnt\Kim\BotBo10-26 orifi.Div: Public Ware(Design Division) minutes of the Board of Supervisors on the Contact: R.Tavenler(313-7006) date shown. cc: M.Hoilingsworth,Design M.Carlson,Construction A.Knapp,Maintenance ATTESTED: ( .John Sweeten, Clerk of the Board o Supervisors and County Administrator P. Deputy SUBJECT: CONTINUE the emergency action originally taken by the Board of Supervisors on August 17, 2004, regarding the repair of San Pablo Avenue Bridge at Rodeo Creek, Rodeo area. (100%o Local Road Funds) (District 11) Project No. 0672-6U2522 DATE: October 26, 2004 PAGE: 2 tt. FINANCIAL IMPACT: Total Work Order is $71,000. Low bid contract cost is $39,329. Project will be funded by 100% Local Road Funds. III. REASONS FOR RECOMMENDATION/BACKGROUND: A. On August 17, 2004, the Board of Supervisors declared an emergency and authorized the Public Works Director to proceed with the most expeditious manner to repair the San Pablo Avenue Bridge at Rodeo Creek, Rodeo area. B. Repair status: 1. Public Works has awarded the project to the low bidder, E.E. Gilbert Construction. 2. Construction began on September 27, 2004. IV. CONSEQUENCES OF NEGATIVE ACTION: Non-concurrence of the above recommendation will delay repair of the bridge structure until 2006, which could cause the structure to continue to degrade. Continued degradation could result in further increased repair casts and possible loss to portions of the bridge.