HomeMy WebLinkAboutMINUTES - 05022000 - C51-C55 File: 250-9514/B.4.1 C.61
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order of May 2, 2000,by the fallowing vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIRR, AND GERDER
NOES: NONE
ABSENT: SUPERVISOR CANCIAMILLA
RESOLUTION NO. 2000J212
SUBJECT: Approving Plans and Specifications for
Kitchen and Cafeteria Air Conditioning at Contra
Costa Regional Medical Center, 2500 Alhambra
Avenue, Martinez for Health Services Department
(CP#98-23)
Budget bine Item No. 6971-4529
Authorization No. 0927-WH529B
WHEREAS plans and specifications for Kitchen and Cafeteria Air Conditioning at Contra
Costa Regional Medical Center, 2500 Alhambra Avenue, Martinez for Health Services
Department, have been filed with the Board this day by the Director of General Services; and
WHEREAS plans and specifications were prepared by Combined Electrical Resources,
Engineering Consultants; and
WHEREAS the cosi estimate for the initial construction contract is $231,600.00; 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 lA 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 $25.00 handling fee to Community Development
for administration processing costs.
IT IS BY THE BOARD RESOLVED that said plans and specifications are hereby
APPROVED. Bids for this work will be received on June 1, 2000 at 2:00 p.m., and the Clerk of
this Board is directed to publish a Notice to Contractors in accordance with Section 22037 of the
Public Contract Code, inviting bids for said work, said Notice to be published in
CONTRA COSTA_ TIMES . The Director of General Services is directed
to mail notices to the construction trade journals specified in Section 22036 of the Public
Contract Code at least 30 days before the date of opening the bids.
IT IS FURTHER RESOLVED that the Director of General Services, or his designee, is
AU'T'HORIZED to issue bid Addenda, as needed, for clarification of the contract bid
documents, provided the involved changes do not significantly increase the cost estimate for the
initial construction contract.
Orig. Dept.: General Services Dept. - Architectural Division
cc: General Services Department
Architectural Division
G.S. Accounting
File: 250-9514IA.5 i hereby certify that this is a true and correct
Audile: 25 -951 / copy of an action taken and entered can the
Auditor-Controller
llen minutes of the Board of Supervisors on the
Debi Foley Developmentdate shown. MAY 2, 2000
Health Services Department(A.D.) ATTESTED:
PHIL
BATCHELOR, Clerk of the Board
Mcm of Supervisors and Cou y Administrator
By Deputy
H.t 1995\250951415 L01412b.doc 61
TO: BOARD OF SUPERVISORS C(7 NTRA
x�
y.,,,r . COSTA
FROM: PHIL BATCHELOR, COUNTY ADMINISTRATOR , .
COUNTY
DATE: May 2, 2000
SUBJECT: Juvenile Hall Renovation, Tama{pais Wing, 2012 Glacier Drive, Martinez (WH399B)
SPECIFIC REQUEST(S)OR RECOMMENDATION($)&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 220150, to complete the Juvenile Hall
Renovation, Tamaipais 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 (Tamaipais) 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: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR __RECOMMENDATION OF 96 COMMITTEE
PPROVE OTHER
SIGNATURE(S)-
ACTION OF BOAR N MAPPROVED AS RECOMMENDED XX OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
__XX UNANIMOUS(ASSENT 95 f 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 M a Y 2, 2000
PHIL BATCIJELOA,CLERK OF
E BOA SUPERV ORS
BY ,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)
Contra
TO: BOARD OF SUPERVISORS Costa
FROM: Dennis M. Barry, AICP ufty
Community Development Director
DATE: May 2, 2000
SUBJECT: Inducement Action for Multifamily Projects
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RE OMMENDATIQ S
ADOPT resolution conditionally providing for the issuance of revenue bonds to finance
multifamily rental housing developments to be owned by the parties listed as the ownership
entity of Exhibit A attached.
FISCAL IMPACT
None. In the event that the bonds are issued, the County is reimbursed for casts incurred in
the issuance process. Annual expenses for monitoring of Regulatory Agreement provisions
are accommodated in the bond issue, in the event that no bond issue occurs, the County has
already been paid an "Inducement Fee" to offset expenses.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The owners of prospective multifamily rental housing developments desire to be included in
a future multifamily revenue bond financing program. In order to provide financing eligibility
for costs incurred, the development must be induced, i.e., a conditional statement of intent by
the Board of Supervisors must be adopted. The inducement action does not obligate the
County or the owner without future discretionary actions.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD
COMMITTEE OPROVE OTHER
SIGNATURE(S):
ACTION OF BOA APPROVED AS RECOMMENDED 19TRE
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
„ UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Source: Jim Kennedy
335-1255
prig: Community Development ATTESTED
cc: County Administrator PHIL SATCHEL , CLERK OF
County Counsel THE BOARD OF SUPERVISORS
Redevelopment Agency AND COUNTY ADMINISTRATOR
Housing Authority
via Community Development
BY DEPUTY
JK1h
dnducbos.shl
til
EXHWrr A
Name of Maximum Location Number of Named
Development Amount of Units Developer/
of Bond Development Initial
Issue Owner—
Pinecrest $2.0 million 1949 & 1945 24 A limited partner-
Apts Cavallo, Rd. , ship to be formed
Antioch with Resources for
Community Development
as managing General
Partner
Camara Circle $4.0 million 2501, 2513, 2525, 52 A limited partner-
2530, 2531, 2536, ship to be formed
2537, 2549, 2554, with Resources for
2555, & 2566 Community Development
Camara Circle, as managing General
Concord Partner
amdu'ta4.shi
=. -A&
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on May 2. 2000 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER and GERBER
NOES: NONE
ABSENT: SUPERVISOR CANCIAMILLA
ABSTAIN: NONE
RESOLUTION NO.2000/218
SUBJECT:
Resolution of the County of Contra)
Costa Conditionally Providing for )
the Issuance of Revenue Bonds to )
Finance the Construction of )
Multi-Family Housing Developments )
WHEREAS, the County of Contra Costa (the "County") is a legal
subdivision and body corporate and politic of the State of
California, duly organized and existing under the Constitution and
laws of the State of California; and
WHEREAS, the Board of Supervisors of the County, after careful
study and consideration, has determined that there is a shortage of
safe and sanitary housing within the County, and that it is in the
best interest of the residents of the County and in furtherance of
the health, safety and welfare of the public for the County to
assist in the financing of housing developments; and
WHEREAS, pursuant to Division 31 of the Health and Safety Code
of the State of California, and particularly Chapter 7 of Part 5
thereof (the "Act") , the County is empowered to issue and sell
bonds for the purpose of making mortgage loans or otherwise
providing funds to finance the development of multi-family rental
housing, including units for lower-income households and very-low
income households; and
WHEREAS, the Board of Supervisors has now determined to
provide financing for the multi-family developments identified in
Exhibit A hereto (the "Developments") , and in order to finance the
Developments the County intends to issue, at one time or from time
to time, revenue bonds pursuant to the Act;
NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of
the County of Contra Costa as follows :
1 . The Board of Supervisors hereby determines that it is
necessary and desirable to provide construction and permanent
financing for the Developments pursuant to the Act or other
appropriate authority, by the issuance of Mortgage Revenue Bonds
(the "Bonds") , in an aggregate principal amount not to exceed the
amounts set forth in Exhibit A, subject to the conditions that with
RESOLUTION NO. 2000/218
respect to any development to be financed, (I) the County by
resolution shall have first agreed to acceptable terms and
conditions for the bonds (and for the sale and delivery thereof) ,
and for an indenture and all other agreements with respect to any
of the foregoing; (ii) all requisite governmental approvals shall
have first been obtained; (iii) the bonds shall be payable solely
from revenues received with respect to loans or other investments
made with the proceeds of such bonds, and neither the full faith
nor the credit of the County shall be pledged to the payment of the
principal of, or interest on any such bond; (iv) the County and the
respective developer/initial owner thereof identified on Exhibit A
hereto, or any partnership, corporation or other entity to be
formed by such developer/initial owner or by any principal thereof,
or any successor to the interests thereof approved by the County
(in any such case, the "Owner" ) , shall have entered into a
preliminary agreement concerning the financing, in substantially
the form attached thereto as Exhibit B, with such additions or
deletions as are considered necessary or appropriate by the County
Director of Community Development or the County Administrator, and
the Owner, and the Chair of the Board, the County Administrator,
and the Director of Community Development are hereby authorized to
execute said preliminary agreement for in the name and on behalf of
the County; (v) any occupancy and other requirements of the Internal
Revenue Code of 1986, as amended (the "Code" ) are satisfied with
respect to bonds, the interest on which is intended to be excluded
from gross income for federal tax purposes; (vi) any occupancy and
other requirements of the Act are satisfied; and (vii) any
occupancy and other requirements of the County applicable to such
financing are satisfied.
2 . The Chair of the Board of Supervisors, the County
Administrator and ex-officio Clerk of the Board, the County
Director of Community Development, County Counsel and their
deputies and other officers of the County are hereby authorized and
directed to take whatever further action consistent with this
resolution may be deemed reasonable and desirable, including
participating in the preparation of any resolution, indenture, bond
purchase agreement, official statement and/or other documents or
agreements necessary or appropriate to effect such financing, and
any actions necessary to obtain an allocation of the volume cap for
the State of California to the extent required by the Code for the
issuance of bonds, the interest on which is intended to be excluded
from gross income for federal tax purposes .
3 . It is the purpose and intent of the County that this
Resolution constitute official action toward the issuance of
obligations by the County to finance the Developments in accordance
with Sections 1 . 103-8 (a) (5) (iii) , and 1 . 150-2 of the Regulations of
the United States Department of the Treasury, or any successor
regulation promulgated under the Code. The County hereby declares
its official intent to use proceeds of the Bonds to reimburse the
Owner for certain expenditures made prior to the issuance of the
Bonds.
4 . This Resolution shall take effect immediately upon its
passage and adoption.
T hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on-P-eoatc shown.
ATTESTED;
Phil I r,C�,Bo,,d
Orig. Dept• Redevelopment Agency of Supervisors and County Administrator
Contact: By eputy
cc: Director of Community D By/
County Counsel
County Administrator
JK:1hlc:bosres.sh1
RESOLUTION No. 2000/218
EXMrr A
Name of Maximum Location Number of Name of
Development Amount of Units Developer/
ofBond Development Initial
Issue dwner
Pinecrest $2.0 million 1949 & 1945 24 A limited partner-
Apts Cavallo, Rd. , ship to be formed.
Antioch with Resources for
Comity Development
as managing General
Partner
Camara Circle $4.0 million 2501, 2513, 2525, 52 A limited partner-
2530, 2531, 2536, ship to be formed
2537, 2549, 2554, with Resources for
2555, & 2566 Community Development
Camara Circle, as managing General
Concord Partner
rxJn
RESOLUTION NO. 2000/218
EXHIBIT B
James Kennedy, Deputy Director
Contra Costa County
Community Development Development
651 Pine Street, 4th Floor, N. Wing
Martinez, CA 94553
Dear Mr. Kennedy:
RE: Preliminary Agreements
Multi-Family Mortgage Revenue Bond Financing
The purpose of this Agreement is to set forth certain terms and conditions under which the County
of Contra Costa, a legal subdivision and body corporate and politic of the State of California (the
"County"), will agree to assist in the financing of a housing project for persons of low income (the
"Project")for (the "Owner") or for a related entity,
or for a successor to the interests thereof approved by the County, by issuing bonds (the "Bonds"),
subject to the conditions set forth herein and in Resolution No. of the County.
In consideration of the County's expression of willingness to provide such financing, the
Owner agrees as follows:
1. The Owner agrees to pay, or to make arrangements for persons other than the County
to pay, all costs involved in the issuance of the Bonds, including by way of example and not
limitation, fees and disbursements of bond counsel, the County, underwriters, or financing advisors
and any other experts engaged by the Owner or by the County in connection with the issuance of the
Bonds,bond printing and other printing costs, publication costs and costs incurred in order to obtain
a rating for the Bonds. Such costs may be paid from proceeds of sale of the Bonds. In the event that
the Bonds are not issued for any reasons, the Owner agrees to pay all of such costs and assume the
County's obligations, if any, for payment of such costs. Pursuant thereto, the Owner agrees to pay
a fee upon demand of the County in an amount equal to the lesser of 1/10 of one percent of the
amount of the proposed Band issue or $2,000, as consideration of the County conditionally
expressing its intent to issue Bonds for the Project. Any amount so paid is to be credited toward the
County's cost of issuance.
2. The Owner agrees to pay the cost of preparation of any studies, reports or other
documents necessary to be prepared by or for the County to comply with the California
Environmental Quality Act.
3. The Owner agrees to pay any and all costs incurred by the County in connection with
any legal action challenging the issuance or validity of the Bonds or use of the proceeds thereof, or
challenging proceedings or determinations by the County under the California Environmental quality
Act.
The County agrees to proceed, and to direct bond counsel to proceed, with the planning and
preparation of the necessary proceedings for the offering of the bonds for sale to finance the Project.
The Owner understands that this Agreement does not exempt it from any requirements of the County
or any department or agency thereof or other governmental body that would apply in the absence of
the proposed Bond financing, and compliance with such requirements is an expressed precondition
to the issuance of the Bonds by the County.
RESOLUTION NO. 2000/218
�- Contra
TO: BOARD OF SUPERVISORS "`
Costa
County
FROM: PHIL BATCHELOR
County Administrator
DATE: May 2, 2000
SUBJECT: EMERGENCY UPGRADE OF COUNTY TELECOMMUNICATIONS INFRASTRUCTURE
Specific'Request(s) or Recommendation(s) & Background &Justification
RECOMMEND TIONS:
DETERMINE there is a need to continue with the emergency action continued by the Board on April 18, 2000
on the Emergency Upgrade of County Telecommunications Infrastructure.
FISCAL IMPACT:
The financial impact remains as stated to the Board on 10/28795.
RE SONS FOR RECOMMEN.1(AAMN/ AA GROUfi�D:
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 requiredork, as well as the identification of
appropriate vendors to complete the work. This item was last noticed 418/00.
Continued on Attachment: ---- YES Signature:
Recommendation of County Administrator
Recommendation of Board Committee
Approve Other
Signature(s):
Action of Bo on: May , _2000 Approved as Recommended: XX Other:
Vote of Supervisors: I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
XX Unanimous(Absent zIt 5 ) AND ENTERED ON THE MINUTES OF THE
Ayes: Noes: ) BOARD OF SUPERVISORS ON DATESHOWN.
Contact: George Roomer(925-335-1055) Attested MA,y 2, 2000
cc: County Administrator Phil Batchelor, Clerk of
Bob Fraga, County Telecommunications the Board of Sup rvisors
C.S.I.Telecommunications, Inc. (Via CAO) nd County Ad I rator
By: �. , DEPUTY
Centra
TO: REDEVELOPMENT AGENCY Costa
FROM: Phil Batchelor
County
Executive Director
DATE: April 25, 2000
SUBJECT: Contract with Fraser &Associates
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
APPROVE and AUTHORIZE the Deputy Director-Redevelopment to execute a contract with
Fraser &Associates for preparation of the Annual Report for 1999 Tax Allocation Bonds in an
amount not to exceed $7,010.
FISCAL IMPACT
No General Funds are involved, Funding has been budgeted in the Redevelopment Project
Area budgets (Redevelopment Project Areas of Pleasant Hill BART, North Richmond, Bay
Point, Rodeo and Oakley).
BACKGROUND/REASONS FOR RECOMMENDATIONS
Submittal of the Annual Report for the Tax Allocation Bonds is mandated by the Disclosure
Certificate for the bond issue. Preparation of the report necessitates the formulation of a 10-
year projection of tax increment revenues estimated to be annually allocated to the
Redevelopment Project Areas. Execution of this contract will allow the Redevelopment
Agency to fulfill the legal mandates of the bond issue regarding this Annual FXieport.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
r,
RECOMMENDATION OF EXECUTIVE DIRECTOR � ECOMMATION OF ENCY
COMMITTEE APPROVE OTHER
7
SIGNATURE(S):
ACTION OF AGENCY ON May 2. 2000 APPROVED AS RECOMMENDED OTHER
VOTE OF COMMISSIONERS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT #5 ) 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: Jim Kennedy
335-1255 ATTESTED May 2, 2000
cc: County Administrator PHIL BATCHELOR
County Counsel AGENCY ECRETARY
Community Development
Redevelopment Agency
via Redevelopment BY� , DEPUTY
Fraser &Associates
Abblfras€srbos