RECOMMENDATION(S): (CONT'D)
3. APPROVE and AUTHORIZE the General Services Director, or his designee, to execute, on behalf of the County, a memorandum of understanding with the Judicial Council of California, Administrative Office of the Courts (“AOC”), and the Superior Court of California, Contra Costa County, pursuant to which the AOC will pay the County an amount not to exceed $550,000, for the renovation of the fourth floor of the Wakefield Taylor Courthouse as described in the scope of work, during the period January 4 through May 7, 2010, subject to approval by County Counsel as to the form of the memorandum of understanding.
4. AUTHORIZE the General Services Director or designee to advertise for bids for trade contracts.
5. DELEGATE authority to the General Services Director, or his designee, to evaluate bids received for trade contracts and, pursuant to County Ordinance Code Section 1108-3.208, to award trade contracts to the lowest responsive and responsible bidders for portions of the work described in the scope of work.
6. AUTHORIZE the General Services Director or designee to exonerate any bid bonds posted by the bidders, after execution of the trade contracts.
7. AUTHORIZE the General Services Director or designee to sign any escrow agreements prepared for this project to permit the direct payment of retentions into escrow or the substitution of securities for moneys withheld by the County to ensure performance under the trade contracts, pursuant to Public Contract Code Section 22300.
8. AUTHORIZE the General Services Director or designee to order changes or additions to the contract work pursuant to Public Contract Section 20142.
9. DELEGATE to the General Services Director or designee, pursuant to Public Contract Code Section 4114, the Board's functions under Public Contract Code Sections 4107 and 4110 with regards to subletting and subcontracting.
10. DIRECT the Conservation and Development Director, or designee, to file a Notice of Exemption with the County Clerk, and DIRECT the Director of General Services, or designee, to arrange for the payment of the handling fees to the Department of Conservation and Development and County Clerk for filing of the Notice of Exemption.
FISCAL IMPACT:
Approval of this memorandum of understanding will allow the AOC to pay the County an amount not to exceed $550,000 as reimbursement for all costs (including labor and materials) incurred in the renovation of the fourth floor of the Wakefield Taylor Courthouse.
BACKGROUND:
On March 31, 2009, the Board of Supervisors approved a transfer of responsibility and title to the Wakefield Taylor Courthouse to the AOC, pursuant to The Trial Court Facilities Act of 2002. The County retained an equity interest in the fourth floor of the Wakefield Taylor Courthouse. Under the Equity Exchange Agreement approved by the Board of Supervisors on December 1, 2009, the County will transfer its equity interest in theWakefield Taylor Courthouse to the AOC in consideration for the Superior Court vacating the County Finance Building (625 Court Street, Martinez) and the AOC relinquishing its equity interest in the Finance Building. The Court needs to have the fourth floor renovated before it is able to vacate the Finance Building, and has asked the County to provide services needed to renovate the interior space on the 4th floor of the Wakefield Taylor Courthouse in accordance with the scope of work. This memorandum of understanding will allow the County to quickly prepare the 4th floor of the Wakefield Taylor Courthouse for occupancy by the Court.
As outlined above, the County proposes to enter into a memorandum of understanding pursuant to which the AOC will pay the County to renovate the 4th floor of the Wakefield Taylor Courthouse for occupancy by the Court. The minor interior alterations will involve negligible or no expansion of use beyond the existing uses. As determined by the initial study, it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment. Therefore, staff recommends that the Board find that the proposed project is categorically exempt from the provisions of CEQA pursuant to the CEQA Guidelines section 15061 (b) (3).
CONSEQUENCE OF NEGATIVE ACTION:
Without this memorandum of understanding, Court staff will not be able to occupy the fourth floor of the Wakefield Taylor Courthouse, thus delaying its vacancy of space in the Finance Building.
CHILDREN'S IMPACT STATEMENT: