COMPLETED BOARD ORDER�"/F�39
Before the Board of Supervisors in and for the
County of Monterey, State of California
a. Adopt Resolution finding that the repairs and
renovations in various shower stalls of the
Monterey County Adult Detention Facilities,
located at 1410 Natividad Road, Salinas
continues to pose an emergency requiring
immediate action without adopting plans and
specifications and giving notice for bids to let
contracts; and
b. Adopt Resolution ratifying the execution of
emergency contracts and emergency actions
taken by the Contracts/Purchasing Officer, or his
designee, to respond to the emergency 4/5th vote
required).
Upon motion of Supervisor Parker, seconded by Supervisor Salinas, and carried by those
members present, the Board hereby:
a. Adopted Resolution 09-359 finding that the repairs and renovations in various shower stalls
of the Monterey County Adult Detention Facilities, located at 1410 Natividad Road, Salinas
continues to pose an emergency requiring immediate action without adopting plans and
specifications and giving notice for bids to let contracts; and
b. Adopted Resolution 09-359 ratifying the execution of emergency contracts and emergency
actions taken by the Contracts/Purchasing Officer, or his designee, to respond to the
emergency 4/5th vote required).
PASSED AND ADOPTED this 21St day of July, 2009, by the following vote, to wit:
AYES: Supervisors Armenta, Salinas, Calcagno, Parker
NOES: None
ABSENT: Supervisor Potter
I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby
certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered in
the minutes thereof of Minute Book 75 for the meeting on July 21, 2009.
Dated: July 22, 2009 Gail T. Borkowski, Clerk of the Board of Supervisors
County' 1VI nterey, State of California
By
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EXECUTED RESOLUTION 09-359"/H�39
Before the Board of Supervisors in and for the
County of Monterey, State of California
Resolution No: 09-359
a. Adopt Resolution finding that the repairs and renovations
in various shower stalls of the Monterey County Adult
Detention Facilities, located at 1410 Natividad Road,
Salinas continues to pose an emergency requiring
immediate action without adopting plans and specifications
and giving notice for bids to let contracts; and
b. Adopt Resolution ratifying the execution of emergency
contracts and emergency actions taken by the
Contracts/Purchasing Officer, or his designee, to respond to
the emergency 4/5th vote required).
The Board of Supervisors of the County of Monterey finds:
a. On August 28, 2007, under Sections 20134(a) and 22050 of the Public Contract Code the
Board declared the existence of an emergency as defined under Section 1102 of the
California Public Contract Code and authorized repairs to the Monterey County Adult
Detention shower facilities without adopting plans and specifications and giving notice for
bids to let contracts and authorized the Contracts/Purchasing Officer, or his designee, to enter
into agreements and issue purchase orders to accomplish the required emergency.
b. Public Contract Code Sections 20134 and 22050 provide that when an emergency as defined
by Public Contract Code Section 1102 exists, the Board or an agency officer so authorized by
the Board, may proceed, through the use of day labor or contracts, or a combination thereof,
to replace or repair any and all structures as necessary to permit the continued conduct of
County operations or services, without adopting plans and specifications and giving notice
for bids to let contracts, provided that such action be approved by a 4/5th vote of the Board
and provided that the Board makes a finding that the emergency will not permit a delay
resulting from a competitive solicitation for bids, and that the action is necessary to respond
to the emergency.
c. Water damage from the women's and men's showers leaking into the housing units continues
to pose and emergency requiring immediate action to repair and renovate the women's and
men's showers in various housing units in the Monterey County Adult Detention Facility to
prevent further damage to property or loss of essential public services.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. The Board of Supervisors hereby finds that the foregoing facts are true and correct.
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EXECUTED RESOLUTION 09-359"/H�39
2. The Board of Supervisors hereby declares that an emergency continues to exist, as defined by
Section 1102 of the Public Contract Code, at the Monterey County Adult Detention Facility
due to water damage from leaking shower facilities requiring immediate action without
adopting plans and specifications and giving notice for bids to let contracts.
3. The Board of Supervisors hereby authorizes the Contracts/Purchasing Officer, or his
designee, to enter into agreements and issue purchase orders to accomplish the required
emergency work and ratifies the emergency contracts listed in the attachment and the
emergency actions already taken by the Contracts/Purchasing Officer, or his designee, to
respond to the emergency.
PASSED AND ADOPTED on this 21St day of July, 2009, upon motion of Supervisor Parker,
seconded by Supervisor Salinas, by the following vote, to-wit:
AYES: Supervisors Armenta, Salinas, Calcagno, Parker
NOES: None
ABSENT: Supervisor Potter
I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby
certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered in
the minutes thereof of Minute Book 75 for the meeting on July 21, 2009.
Dated: July 22, 2009 Gail T. Borkowski, Clerk of the Board of Supervisors
County o~IOropiterey, State of California
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REQUIRED).-U012
SIGNED BOARD REPORTX��"/K�MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: July 21, 2009 Consent AGENDA NO.: 39
SUBJECT: a. Adopt a resolution finding that the repairs and renovations in various
shower stalls of the Monterey County Adult Detention Facilities, located
at 1410 Natividad Road, Salinas continues to pose an emergency,
requiring immediate action without adopting plans and specifications and
giving notice for bids to let contracts; and
b. Adopt a resolution ratifying the execution of emergency contracts and
emergency actions taken by the Contracts/Purchasing Officer, or his designee,
to respond to the emergency 4/5th vote required).
DEPARTMENT: RMA Public Works
RECOMMENDATIONS:
It is recommended that the Board of Supervisors:
a. Adopt a resolution finding that the repairs and renovations in various shower stalls of the
Monterey County Adult Detention Facilities, located at 1410 Natividad Road, Salinas
continues to pose an emergency requiring immediate action without adopting plans and
specifications and giving notice for bids to let contracts; and
b. Adopt a resolution ratifying the execution of emergency contracts and emergency actions
taken by the Contracts/Purchasing Officer, or his designee, to respond to the emergency
4/5th vote required).
SUMMARY/DISCUSSION:
On August 28, 2007, under Sections 20134(a) and 22050 of the Public Contract Code, the Board
proclaimed the existence of an emergency as defined under Section 1102 of the California Public
Contract Code for the Monterey County Adult Detention showers facilities. Under Section
22050 c) 1) of the California Public Contract Code, the Board of Supervisors is required to
review the need to continue the emergency action at least every 14 days, until the emergency
action is terminated.
Public Contract Code Sections 20134(a) and 22050 provide that when an Emergency." as
defined by Public Contract Code Section 1102 exists, the Board or an agency officer so
authorized by the Board, may proceed, through the use of day labor or contracts, or a
combination thereof, to replace or repair any and all structures as necessary to permit the
continued conduct of County operation of services, without adopting plans and specifications
and giving notice for bids to let contract, provided that such action be approved by a 4/5th vote
of the Board and provided that the Board make a finding that the emergency does not permit a
delay resulting from a competitive solicitation for bids and that the action is necessary to respond
to the emergency. A list of emergency contracts that have been executed to date by the Contracts
Purchasing Officer is attached for ratification by the Board.
An Emergency," as defined under Section 1102 of the California Public Contract Code, means
a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate
action to prevent or mitigate the loss or impairment of life, health, property, or essential public
services."
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SIGNED BOARD REPORTX��"/K�Declare Emergency Monterey County Adult Detention Shower Facilities
July 21, 2009
Page 2
During a routine inspection of the Monterey County Adult Detention Facility, it was noted
that several of the shower stalls in the women's and men's showers were leaking into the
housing units causing serious water damage to underlying areas. Immediate repairs were
required and have commenced, pursuant to the Board of Supervisors' actions declaring that
this is emergency work, to prevent further damage. After construction commenced,
contamination was discovered which underscores the existence of an emergency and which
has required continuing environmental remediation and monitoring to an extent that was not
originally contemplated.
OTHER AGENCY INVOLVEMENT:
County Counsel has reviewed and approved the procedures for finding the need for an
emergency action. The County Office of the Sheriff and the State of California Corrections
Standard Authority were consulted and concur with this emergency action. In addition, the
Monterey County Office of Sheriff, the CAO-Budget and Analysis Division, and the RMA
participated in discussions of the transfer of funding.
FINANCING:
The budget for the project was amended to $1,600,000 by Board action on December 16, 2008.
Expenditures through June 4, 2009 equal $1,244,746. A request for an additional $400,000 has
been submitted for FY 2009-10 funding to allow for completion of this project. Amendments to
Professional Services Agreements were or will be executed to use the approved additional
funding to complete the project.
Prepared by:
Approved by:
Gordon S. Siebert, P.E. Y&dan T. Emrani, P.
Architectural Services Manager Director of Public Works
Dated: July 10, 2009
Attachments: Board Order; Board Resolution; List of Emergency Agreements; Location Map
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PROFESSIONAL SERVICE AGREEMEN/N�MAINTENANCE EMERGENCY- MONTEREY COUNTY ADULT DETENTION SHOWER FACILITIES
Professional Service Agreements PSA) and Contracts
Work Order
Number
Project Name. Descrl ion1:
Consultant Notel.
Location
Fund PSA/Contract
Amount
MEN'S SH OWERS Project Number 8516
85166A Mold & Bacteria Abatement Pods E
& F
Disaster Kleenu Specialists
Pods E & F
009
$ 16,124
851668 Monitoring & sample collection of
abatement work
RGA Environmental
Pods E & F
009
$ 20,000
85166C Renovate Shower in E, F, & K Pods William Thayer Construction Pods E, F, & K 009 $ 625,000
85166D Asbestos, lead, mold and bacteria
consulting, testing and reporting M3 Environmental
Consulting, LLC
009
$ 30,000
85166B
Monitoring & sample collection of
abatement work
RGA Environmental Mens Pods F, K, &
Rotunda/Womens
Pods T, U, R, & S
009
$ 92,000
85166E Make and Install Top Bunk Sections Valley Fabrication 009 $ 11,803
85166A Mold & Bacteria Abatement Pods E
& F
Disaster Kleenup Special ists
Pods E & F
009
$ 123,876
85166A Mold & Bacteria Abatement Pods K,
R, S & Rotunda
Disaster Kleenup Specialists
K, R, S, & Rotunda
009
$ 254,800
85166B Monitoring & sample collection of
abatement work
RGA Environmental Mans Pods K &
RotundalWomens
009
$ 120,000
009 $
009 $
009 $
009 $
009 $
009 $
009 $
009 $
009 $
009 $
Grand Total $ 1,293,603
Bold and Italics: Requesting Board Ratification
*Approved PSA's/Contracts/Agreements
Date: July 7, 2009
Page 1 of 1
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PROJECT LOCATION MAP��"/P�Location Map
EMERGENCY MAINTENANCE PROJECT
Repair and Renovate Men's and Women's Showers
Monterey County Adult Detention Facility: 1014 Natividad Road
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