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Agenda Item
ASR
Control 23-000696 |
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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 Dana Point 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: $4,250,000 |
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 Dana
Point Library Project, in an amount not to exceed $105,649, 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 $4,144,351 to fund a
negotiated Construction Phase Services Contract with C.W. Driver, LLC for the
Dana Point 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 $4,144,351. |
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 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 (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-012-24010112 (Contract) to C.W.
Driver, LLC (Contractor) for Services for the Project, in an amount not to
exceed $105,649, 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 $4,144,351 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 $4,144,351. The Construction Phase Services Contract,
Template (MA-012-24010114) 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 based in Los Angeles.
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, allows for greater efficiency
in providing the services and allows for greater flexibility in provision of
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 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 a provision
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-012-24010112 with C.W. Driver, LLC
Attachment B - Model Contract MA-012-24010114 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