Agenda Item AGENDA STAFF REPORT ASR Control 24-000038
MEETING DATE:	02/27/24
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	5
SUBMITTING Agency/Department:	OC Public Works (Approved)
Department contact person(s):	James Treadaway (714) 667-9700
	Julie Quillman (714) 566-3086

Subject: Award Contract for Construction Phase Services for Dana Point Library

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

N/A

Discussion

3 Votes Board Majority

Budgeted: Yes

Current Year Cost: $5,994,290

Annual Cost: N/A

Staffing Impact:

# of Positions:

Sole Source: No

Current Fiscal Year Revenue: N/A

Funding Source: Fund 119: 100%	County Audit in last 3 years: No
Levine Act Review Completed: Yes

Prior Board Action: 9/26/2023 #24

RECOMMENDED ACTION(S):

Find that the Dana Point Library Project is categorically exempt from the provisions of CEQA, Class 1 (Existing Facilities) and Class 2 (Replacement or Reconstruction) pursuant to CEQA Guidelines, Sections 15301 and 15302.

Award contract to C.W. Driver, LLC to provide Construction Phase Services for the Dana Point Library Project, in an amount not to exceed $5,994,290, effective upon execution of all necessary signatures, to be completed within 365 days of the effective date of the Notice to Proceed.

Authorize the Director of OC Public Works or designee to execute the Construction Phase Services Contract with C.W. Driver, LLC.

SUMMARY:

Award of the contract for Construction Phase Services for the Dana Point Library Project will provide for updates to the current library and parking lot to comply with Americans with Disabilities Act standards and provide for a contemporary library for the public to use for many years to come.

BACKGROUND INFORMATION:

The Dana Point Library (Library) is located at 33841 Niguel Road in the City of Dana Point and was built in 1976. The Library Project (Project) Scope of Work proposes to demolish the existing parking lot, monument sign and other miscellaneous site items, including existing landscape; regrade site and construct parking lot, hardscape, landscape, site lighting and monument sign; demolish and construct restrooms to meet current Americans with Disabilities Act standards; demolish and replace mechanical system including controls; demolish and install new energy efficient interior and exterior façade light fixtures to meet Title 24 requirements; demolish and replace interior finishes, doors, hardware, millwork, ceiling and flooring; demolish and replace building fire alarm and security systems; modify fire sprinklers as required to accommodate new improvements; demolish and install exterior and interior miscellaneous wayfinding signage as required; and remove and install book shelving to present a more compliant, modern and attractive Library for local residents to enjoy.

On April 12, 2023, OC Public Works issued a Request for Proposal (RFP) for Construction Manager At-Risk Pre-Construction Phase Services for the Project and C.W. Driver, LLC (Contractor) was selected.

On September 26, 2023, the Board of Supervisors (Board) authorized the expenditure of funds in an amount not to exceed $4,144,351 to fund a negotiated Construction Phase Services (Services) Contract MA-012-24010114 (Contract) with the Contractor for the Project and delegated authority to the Director of OC Public Works or designee to execute the negotiated Services Contract with the condition that the total sum does not exceed $4,144,351.

During the Pre-Construction Phase of the Project, additional scope was identified to account for unforeseen and necessary upgrades to heating, ventilation and air conditioning, electrical, parking lot and landscaping. The Contract also needed to account for materials cost escalation. This scope and escalation requires an increase to the previously authorized Contract in the amount of $1,849,939. As a result, the Director of OC Public Works or designee has not exercised the delegated authority from the Board to expend funds or execute the Contract with the Contractor as the revised Project cost exceeds the amount previously authorized by the Board.

OC Public Works is procuring Services for this Project in accordance with the 2020 Design and Construction Procurement Policy Manual (DCPM), Section 5.6. The Orange County Preference Policy is not applicable to contracts procured in accordance with the DCPM.

OC Public Works is recommending the Board award the Contract for Services to the Contractor in the amount of $5,994,290.

The Contract does not include subcontractors or pass through to other provides. See Attachment B for Contract Summary Form.

Compliance with CEQA: The proposed project is categorically exempt from CEQA, Class 1, (Existing Facilities) and Class 2 (Replacement or Reconstruction), pursuant to CEQA Guidelines Sections 15301 and 15302 because it consists of repair and maintenance of existing public facilities involving negligible expansion of the existing use and replacement or reconstruction of existing structures and facilities on the same site as the structures being replaced and will have the same purpose and capacity as the structures being replaced.

FINANCIAL IMPACT:

Appropriations for the Contract are included in Fund 119, OC Community Resources/OC Public Libraries, FY 2023-24 Budget.

The proposed Contract include a provision stating that the Contract may be terminated upon 10 days written notice for cause and upon not less than seven calendar days' written notice for convenience without penalty to the County.

STAFFING IMPACT:

N/A

REVIEWING AGENCIES:

OC Community Resources

ATTACHMENT(S):

Attachment A - Contract MA-012-24010114 with C.W. Driver, LLC
Attachment B - Contract Summary Form
Attachment C - Corporate Resolution for C.W. Driver, LLC