HomeMy WebLinkAboutMINUTES - 04182000 - C103-C104 j Contra
TO: BOARD OF SUPERVISORS Costa a
FROM: PHIL BATCHELOR County
County Administrator
DATE: April 16, 2000
SUBJECT: EMERGENCY UPGRADE OF COUNTY TELECOMMUNICATIONS INFRASTRUCTURE
Specific Request(s) or Recommendations) & Background &Justification
RECOMMENDATIONS:
DETERMINE there is a need to continue with the emergency action continued by the Board on April 4, 2000
on the Emergency Upgrade of County Telecommunications Infrastructure.
FISCAL IMPACT:
The financial impact remains as stated to the Board on 10/26/99.
REASONS FOR RECOMMENDATION/BACKGROUND:
On 10/26/99 the Board acknowledged that an emergency exists related to the seismic safety of the County
telecommunications infrastructure and that the emergency will not permit a delay resulting from competitive
solicitation of bids, and delegated to the County Administrator, or designee, authority to immediately proceed
with implementation of the "high priority actions" recommended by C.S.I. Telecommunications, Inc. The
County Administrator's Office in conjunction with the County Telecommunications Division is currently
proceeding with the delineation of specifications for the required work, as well as the identification of
appropriate vendors to complete the work. This item was last noticed 4/4/00.
Continued on Attachment: YES Signature:
Recommendatlon of County Administrator
Recommendation of Board Committee
Approve Other
Signature(s):
0
Action of Bo!(r on:April 18,-2000 Approved as Recommended: xx Other:
Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
X Unanimous(Absent AND ENTERED ON THE MINUTES OF THE
Ayes: Noes: } BOARD OF SUPERVISORS ON DATESHOWN.
Contact: George Roemer(825-335-1055) Attested Anri1_ 18, 2000
cc: County Administrator Phil Batchelor, Clerk of
Bob Fraga, County Telecommunications the Board of Supervisors
C.S.I.Telecommunications, Inc. (Via CAO) and Count inistrator
By: , DEPUTY
TO: BOARD OF SUPERVISORS • CONTRA
� .
COSTA
FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR :,
COUNTY
DATE: April 18, 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, 1998, 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 $1,034,570. The contract required the placement of a
considerable amount of exposed concrete within specified tolerances, consistent with industry
standards.
2. Donaghue performed extensive concrete work that was seriously defective. The resulting work
threatened to compromise the security and appearance of the facility. Donaghue repeatedly
failed to either remove the defects or develop a viable plan for their correction. On August 10,
1999, the Board declared Donaghue to be in material breach and terminated Donaghue's rights
under the contract.
CONTINUED ON ATTACHMENT: XYES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF COMMITTEE
L''APPROVE OTHER
SIGNATURE(S): r�
ACTION OF B0 7 ON Apri 1 181, 200D APPROVED AS RECOMMENDED X OTHER
r
VOTE OF SUPERVISORS
I HERESY CERTIFY THAT THIS IS A
XX_ UNANIMOUS(ABSENT - - - - - ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
ATTESTEDri1 1$, 2000
PHIL BATCHELOR,CLERK OF
THE BO F SUPERVISORS
BY10 � .�' - ,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)