HomeMy WebLinkAboutMINUTES - 05162000 - C126-C128 TO: BOARD OF SUPERVISORSCONTRA
COSTA
�11
FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR :; .
COUNTY
DATE: May 16, 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 responsb�le 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.
CONTI!Up ON ATTACHMENT: X_ YES SIGNATURE:-
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDET N OF D COMMITTEE
�I PROVE OTHER t'
SIGNATURES
ACTION OF BOA ON ay 16, ZQOO APPROVED AS RECOMMENDED XX OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS(ABSENT - - 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 _ May 16, 2040
PHIL BA CHELOR,CLERK OF
THE B R OF SUPERVISORS
B ,DEPUTY
Contact:
cc: Seel 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. ICVVs 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)
Colt,
Centra
TO: BOARD OF SUPERVISORS Costa
FROM: William Walker, M.D., Health Services Director County
DATE: May 16,2000
SUBJECT: EXTENSION OF EMERGENCY DECLARATION REGARDING HOMELESSNESS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RF COM)V[F'NDATION:
DETERMINE that there is a need to continue with the emergency action originally taken by the
Board on November 16, 1999 regarding the issue of homelessness in Contra Costa County.
BACKGROM:
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 December 1, 1999,December 20, 1999,January 11,2000, January 25,
2000,February 15, 2000, March 7,2000,March 21, 2000, and April 11, 2000.
Government Code Section 8630 required that, for a body which 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 place 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.
CONTINUED ON ATTACHMENT:None SIGNATURE: L,,J
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE ._,..OTHER
SIGNATURE(S):
ACTION OF BOARD ON May 16, 2000 APPROVED AS RECOMMENDED
OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
�X UNANIMOUS (ABSENT — —) 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.
Contact Person: Wendel Brunner MD 313-6712
CC: Health Services Administration ATTESTED May 16, 2000
PHIL BATCHEL R,CLERK OF THE BOARD OF
SUPERVISOR A COUNTY ADMINISTRATOR
BY DEPUTY
A
2
PROGRESS SINCE EMERGENCY DECLARATION ON DECEMBER 14, 1999
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:
f CCHS has entered into discussions with Exchange Works in West County.
• Supplies for the ongoing prevision of the services have been identified.
• CCHS staff have been identified to assist with the provision of information and referrals.
0 .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.
This emergency action was renewed on December 20,1999, January 11, 2000, January 25, 2000,
February 15, 2000,March 7, 2000,March 21, 2000, and April 11, 2000
Clio
Contra
TO: BOARD OF SUPERVISORS Costa
FROM: William Walker, M.D., Health Services Director County
DATE: May 16,2000
SUBJECT: EXTENSION OF EMERGENCY DECLARATION AND AUTHORIZATION OF COUNTY
HEALTH DEPARTMENT IN SUPPORT FOR NEEDLE EXCHANGE PROGRAMS.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RFCOA MENDA Ni
DETERMINE that there is a need to continue with the emergency action originally taken by the
Board on December 14, 1999 based on the increasing/epidemic number of AIDSJHIV and Hepatitis
C cases among injection drug users in Contra Costa County.
BACKGROUND:
CONTINUED NEED FOR 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
from doing so absent a declared public health emergency). CCHS does provide services focused on
injection drug users including: l-HIV/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.
Exchange Works, 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.
CONTINUED ON PAGE TWO SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE ,OTHER
S1QNAJQRE(,9):
ACTION OF BOARD ON May 16, 2000 APPROVED AS RECOMMENDED XX
OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT " " — ) 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.
Contact Person: Wendel Brunner MD 313-6712
CC: Health Services Administration ATTESTED May 16, 2000
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVIS S AND COUNTY ADMINISTRATOR
B DEPUTY