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Agenda Item
ASR
Control 23-000695 |
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MEETING
DATE: |
09/26/23 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
5 |
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SUBMITTING Agency/Department: |
OC
Public Works (Approved) |
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Department contact person(s): |
Joseph
Seybold (714) 667-4921 |
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Matthew
DeHart (714) 667-4972 |
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Subject: Award Construction Manager At-Risk
Contract for Aliso Viejo Library
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ceo CONCUR |
County Counsel Review |
Clerk of the Board |
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Concur |
Approved
Agreement to Form |
Discussion |
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3
Votes Board Majority |
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Budgeted: Yes |
Current Year
Cost: $5,700,000 |
Annual Cost: N/A |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: N/A |
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RECOMMENDED
ACTION(S):
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1. |
Find that the
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. |
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2. |
Award a contract
to C.W. Driver, LLC to provide Pre-Construction Phase Services for the Aliso
Viejo Library Project, in an amount not to exceed $106,911, effective upon
execution of all necessary signatures. |
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3. |
Authorize the
Director of OC Public Works or designee to execute the Pre-Construction Phase
Services contract with C.W. Driver, LLC. |
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4. |
Authorize the
expenditure of funds in an amount not to exceed $5,593,089 to fund a
negotiated Construction Phase Services Contract with C.W. Driver, LLC for the
Aliso Viejo Library Project. |
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5. |
Authorize the
Director of OC Public Works or designee to execute the Construction Phase
Services Contract with C.W. Driver, LLC with the condition that the total sum
does not exceed $5,593,089. |
SUMMARY:
Award of the contract for
Pre-Construction Phase Services and authorization of a not to exceed amount for
a contract for Construction Phase Services for the Aliso Viejo 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 Aliso Viejo Library (Library)
is located at 1 Journey in the City of Aliso Viejo and was built in 1998. The
Library Project (Project) Scope of Work proposes to demolish limited areas of
parking lot paving including book drop structures; re-grade and re-pave parking
lot to provide accessible compliant parking and path of travel, along with
striping Americans with Disabilities Act (ADA)-compliant parking stalls and
install ADA signage; demolish and replace extent of sidewalk to public way to
meet current ADA requirements; demolish and replace courtyard paving to meet
current ADA requirements; remove, repair waterproofing and replace façade stone
tile around monument clock; prep and paint all exposed steel work around entire
Library; install County of Orange (County)-approved roofing and replace all
metal coping to all parapets; demolish and construct restrooms to meet current
ADA standards; 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 (Services) the Project. The RFP was advertised
in several industry publications and on the County online bid system. Four
proposals were received and deemed responsive; however, only two proposals
advanced to the interview/proposal scoring phase. The evaluation panel composed
of members from OC Public Works and OC Community Resources scored the
responsive proposals. See Attachment E for the Summary of Evaluators Scoring.
The resulting rankings are as follows:
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Contractors |
Rank |
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C.W. Driver, LLC |
1 |
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Swinerton Builders |
2 |
OC Public Works is procuring Services for
this Project in accordance with the 2020 Design and Construction Procurement
Policy Manual (DCPM), Section 3. The Orange County Preference Policy is not
applicable to contracts procured in accordance with the DCPM.
OC Public Works is recommending the Board
of Supervisors (Board) award the Contract MA-012-23010851 (Contract) to C.W.
Driver, LLC (Contractor) for Services for the Project, in an amount not to
exceed $106,911, effective upon execution of all necessary signatures.
Additionally, OC Public Works is recommending the Board authorize the
expenditure of funds in an amount not to exceed $5,593,089 to fund a negotiated
Construction Phase Services Contract with the Contractor for the Project and
delegate authority to the Director of OC Public Works or designee to execute
the negotiated Construction Phase Services Contract with the condition that the
total sum does not exceed $5,593,089. The Construction Phase Services Contract,
Template (MA-012-24010116) is included as Attachment B.
The
Contractor's license number was verified as current and active through the
California Contractors State License Board database on May 24, 2023, and a copy
of the verification is on file. The Contractor is located in Los Angeles County.
An
analysis was conducted to determine the cost/benefit of contracting out versus
providing Services in-house. Based on this analysis, OC Public Works has
determined that contracting for Services is more cost effective and allows for
greater efficiency in providing the Services.
OC
Public Works has conducted due diligence on the Contractor. Reference checks
were satisfactory and completed with the California State University, Dominguez
Hills, San Diego County and the City of Laguna Niguel regarding similar Projects.
The Contract does not currently include
subcontractors or pass through to other providers. See Attachment C for
Contract Summary Form.
Compliance
with CEQA:
The proposed Project is categorically exempt from the 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.
FINANCIAL
IMPACT:
Appropriations for the proposed
Contracts are included in Fund 119, OC Community Resources/OC Public Libraries,
FY 2023-24 Budget.
The proposed Contracts include
provisions stating that the Contracts 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-012-23010851 with C.W. Driver, LLC
Attachment B - Model Contract MA-012-24010116 with C.W. Driver, LLC
Attachment C - Contract Summary Form
Attachment D - Memorandum of Recommendation Attachment E - Summary of
Evaluators Scoring
Attachment F - Individual Scoring Sheets