Agenda Item AGENDA STAFF REPORT ASR Control 18-000784
MEETING DATE:	10/16/18
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	5
SUBMITTING Agency/Department:	OC Public Works (Approved)
Department contact person(s):	Shane Silsby (714) 667-9700
	Dylan Wright (714) 480-2788

Subject: Approve Guaranteed Maximum Price #2 for Construction Manager at Risk Services

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

4/5 Vote

Budgeted: Yes

Current Year Cost: $511,740.90

Annual Cost: N/A

Staffing Impact:

No

# of Positions:

Sole Source: N/A

Current Fiscal Year Revenue: N/A

Funding Source: See Financial Impact Section

County Audit in last 3 years: No

Prior Board Action: 8/8/2017 #15, 8/4/2009 #11

RECOMMENDED ACTION(S):

1.	Find that Final Mitigated Negative Declaration No. IP 08-269 previously adopted by the Board of Supervisors on August 4, 2009, reflects the independent judgment of the County of Orange and is adequate to satisfy the requirements of CEQA for the contract amendment for construction manager at risk services based on the following additional findings:
	a.	The circumstances of the project are substantially the same and Mitigated Negative Declaration No. IP 08-269 adequately addressed the effects of the proposed project. No substantial changes have been made in the project, no substantial changes have occurred in the circumstances under which the project is being undertaken and no new information of substantial importance to the project which was not known or could not have been known when the previous Mitigated Negative Declaration No. IP 08-269 was adopted had become known; therefore no further environmental review is required.
	b.	Mitigated Negative Declaration No. IP 08-269 is adequate to satisfy the requirements of CEQA for the contract amendment for construction manager at risk.
2.	Authorize the Director of Public Works or designee to execute Amendment #1 with CJW Construction, Inc. to provide additional construction services related to the Aliso & Wood Canyons Wilderness Park New Visitors Center Project, in the amount of $511,740.90 for the performance of Guaranteed Maximum Price #2, and for a revised total contract cost not-to-exceed $4,111,740.90.
3.	Pursuant to California Public Contract Code Section 22039, authorize the Chief Engineer to adopt plans, specifications and working details for the remaining phases of the Aliso & Wood Canyons Wilderness Park New Visitors Center Project.

SUMMARY:

Approval of the Guaranteed Maximum Price #2 for the Construction Manager at Risk Construction Contract with CJW Construction, Inc. for completion of the Aliso & Wood Canyons Wilderness Park New Visitors Center Project will support the completion of the project with upgrades that affect the quality of the project and the safety of the public.

BACKGROUND INFORMATION:

On August 4, 2009, the Board of Supervisors (Board) approved the Aliso & Wood Canyons Wilderness Park Resource Management Plan (RMP) and adopted the accompanying Mitigated Negative Declaration (MND) No. IP 08-269. The RMP was developed to guide OC Parks with future land use and resource management decisions for the park. It also identified various enhancements throughout the park that included improvements to the main entry and parking area by adding native vegetation, reconfiguring the space to create a sense of arrival, creating a courtyard that would serve as a visitor gathering space and developing a visitors center.

On August 8, 2017, the Board approved the Design Phase Services Contract with CJW Construction, Inc. (CJW) as a Construction Manager at Risk in the amount of $59,830 and authorized expenditure of $3.6 million for a negotiated Construction Phase Services Contract for the Aliso & Wood Canyons Wilderness Park New Visitors Center Project (Project). Negotiations on Project scope of work were completed with the total cost of the Project exceeding the authorized construction contract limit of $3.6 million. Due to the original Project completion deadline of April 2018 associated with the $1 million California Coastal Conservancy (CCC) grant awarded, it was determined to be more beneficial to remove or defer elements of the Project to a later phase in order to meet the construction contract limit and proceed to meet the time limitations of the grant. Subsequently, in January 2018, the state authorized an extension of the Project completion deadline to December 2018.

A Guaranteed Maximum Price #2 has been prepared to add Project components discovered to be necessary during the construction phase and to incorporate elements of the Project that were previously removed during the value engineering phase of the contract. These elements increase the contract amount by $511,740.90 for a new total contract amount of $4,111,740.90. Additional significant elements are summarized below:

1.	The sewer was removed for cost savings during the value engineering phase in lieu of a holding tank with plans for the sewer installation during future building phases. It was decided to add the sewer back into this phase because there is no certainty when Phase 2 and Phase 3 will be constructed.
2.	This item eliminates the need for a separate agency review and approval of a de-watering system that would otherwise affect the lift station, due to the shallow ground water level at this site.
3.	Observation Deck Construction. The peninsula deck was removed for initial cost savings. This Project element is being reincorporated to enhance public use of the facility.
4.	Fire Lane Turn-Around Installation. This turn-around was removed for initial cost savings with the intent of completing this portion of the work as part of a later phase of the Project.
5.	Provide and Install Window Canopies. Window canopies were removed due to the relatively high cost for the building manufacturer to supply and install them. The price has been negotiated directly with CJW to provide the canopies at a savings of approximately $50,000.
6.	Chain Link Fencing over Mechanical Space. The space containing mechanical, electrical and plumbing equipment was moved closer to the building to achieve better efficiency. Increasing the height of the block wall and addition of the chain link roof are required to shield the mechanical equipment and prevent visitor access as a safety precaution for the public.
7.	Building Permits Paid for Buildings 2 and 3. This item was necessary to obtain building permit since three buildings were plan checked together and only one building is currently being built by CJW. The Contractor was required to pay for all three permits at time of permit issuance.

The grant requires substantial completion of the Project by the grant deadline of December 2018, and the Project is on track to meet that deadline.

California Public Contract Code Section 22039 allows the Board to delegate the authority to a designated representative to approve plans, specifications and working details for public projects. This approval is necessary for the County of Orange (County) design immunity and delegating this authority will negate the need for multiple Board agenda items solely for this purpose.

Compliance with CEQA: This Project is a necessarily included element of the project considered in MND No. IP 08-269 approved by the Board on August 4, 2009. The sewer line connection is associated with main entry facilities, which includes restrooms, water fountains and interpretive facilities. MND No. IP 08-269 states that the main entry facilities could be connected to existing public service systems, including local sewer or serviced with portable sanitary devices. No substantial changes have been made in the Project, no substantial changes have occurred in the circumstances under which the Project is being undertaken and no new information of substantial importance to the Project which was not known or could not have been known when MND No. IP 08-269 was approved has become known; therefore no further environmental review is required.

FINANCIAL IMPACT:

Appropriations for this Project are included in the FY 2018-19 Budget Control 406 Fund OC Parks: 100%. OC Parks received a $1 million grant from the CCC to offset costs for this Project.

The proposed contract includes a provision stating the contract is subject to and contingent upon applicable budgetary appropriations being approved by the Board for each fiscal year during the term of the contract. If such appropriations are not approved, the contract may be immediately terminated without penalty to the County.

STAFFING IMPACT:

N/A

REVIEWING AGENCIES:

OC Community Resources/OC Parks

ATTACHMENT(S):

Attachment A - Contract MA-012-18010442 - Redline
Attachment B - Contract MA-012-18010442 - Amendment #1
Attachment C - Public Contract Code Section 22039