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Agenda Item
ASR
Control 23-000740 |
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MEETING
DATE: |
12/19/23 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
2 |
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SUBMITTING Agency/Department: |
OC
Public Works (Approved) |
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Department contact person(s): |
James
Treadaway (714) 667-9700 |
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Daniel
Hernandez (714) 645-7001 |
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Subject: Approve Design Build, Construction
Management Contracts for Juvenile Hall Campus
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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: See Financial
Impact Section |
Annual Cost: See Financial Impact Section |
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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. |
Award a contract
to Balfour Beatty Construction LLC for Design and Construction Services for
the Orange County Youth Transition Center Project, effective upon Board of
Supervisors approval, to be completed within 730 calendar days of the
effective date of the Notice to Proceed, in a Guaranteed Maximum Price of
$109,807,314, which includes $8,171,128 for Guaranteed Maximum Price 1 –
Design Services and Pre-Construction Phase. |
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2. |
Authorize the
Director of OC Public Works or designee to execute the contract with Balfour
Beatty Construction LLC. |
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3. |
Authorize the
Director of OC Public Works or designee to amend the contract with Balfour
Beatty Construction LLC, in substantially the same form, for approval of
Guaranteed Maximum Price phases, with the condition that the total sum does
not exceed $109,807,314. |
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4. |
Authorize the
Director of OC Public Works or designee to execute a contract with Vanir
Construction Management, Inc. for Construction Management Services for the
Orange County Youth Transition Center, for a term of two years, effective
upon Board of Supervisors approval or execution of all necessary signatures,
whichever occurs later, in an amount not to exceed $3,239,452. |
SUMMARY:
Award of the contracts for Design
and Construction Services and Construction Management Services for the Juvenile
Corrections Campus will provide a new juvenile camp facility within the
boundaries of the existing Juvenile Hall, including the Youth Transition Center
new housing unit for the realigned juvenile population and transitional
housing.
BACKGROUND
INFORMATION:
I. This
Agenda Staff Report (ASR) is intended to present to the Board of Supervisors
(Board) two contracts for consideration. Both contracts have been combined into
one ASR because they pertain to the same project, the development of a Juvenile
Corrections Campus (Campus), which will include the Orange County Youth
Transition Center (YTC), new housing for the realigned juvenile population and
transitional housing for the Transitional Age Youth (TAY) population. The first
contract with Balfour Beatty Construction LLC (Balfour Beatty) is for Design
and Construction Services (DCS) for the YTC and TAY Housing Project (Project).
The second contract with Vanir Construction Management, Inc. (Vanir) is for
Construction Management Services (CMS) for the Project.
II. Background
of the Project:
In
2021, the County Executive Office and the Orange County Criminal Justice
Coordinating Council, in alignment with the objectives of the County of
Orange’s (County) OC Cares initiative and responding to the decreasing number
of youth in custody due to OC Probation’s (Probation) robust efforts in
developing alternatives to incarceration, made a strategic decision to
repurpose the existing Youth Guidance Center, a 125-bed juvenile custodial
facility in Santa Ana, into a Coordinated Reentry Center for adults. This
decision is a testament to Probation's diligent work and dedication to
reformative programs that has contributed to a 40 percent decline in the number
of youth detained between FY 2014-15 and FY 2019-20 (pre COVID-19). To support
this transition, the County will commence the construction of the YTC, a new
and innovative camp facility for juveniles and TAY housing.
The YTC will be a new unique facility
located on the current grounds of the Orange County Juvenile Hall, 331 The City
Drive, Orange, CA 92868. The Project is estimated at approximately 88,000 gross
square feet of new building area and includes site access, new parking areas,
outdoor recreation, landscape development and connections to existing Juvenile
Hall systems and infrastructure. To create a clear area for construction of new
facilities, the Project includes demolition of several occupied and unoccupied
buildings, perimeter security fencing, site amenities and landscaping,
including many existing mature trees, which shall remain if possible.
The new Campus will be established to meet
or exceed the requirements for a juvenile detention facility and to meet the
needs of the current and future populations in a nurturing environment,
significantly enriching the lives of up to 68 male and female youth. The new
structures will host abundant natural light and provide access to versatile
outdoor spaces designed for learning, recreation and relaxation. The
thoughtful, non-institutional design and cohesive aesthetic palette will foster
a sense of calm and comfort, promoting well-being and a positive outlook for
both residents and staff. As a self-contained entity within the Juvenile Hall
complex, the YTC will not only meet functional requirements but also serve as a
beacon of rehabilitation and growth, all while adhering to the stringent
standards set forth by the County. The YTC will include the following
facilities/programs: Administration, Behavioral Health Services, Culinary
Program, Education Program, Facility Support and Storage, Kitchen and Dining
for residents and staff, Living Units (60 beds), Medical Health Services, Staff
Break and Wellness Areas, Transitional Living Unit and Vocational Programs.
III. Contract
with Balfour Beatty:
On May 16, 2023, OC Public Works issued
Request for Qualification documents for the DCS portion of the Project through
the County online bidding system. Three contractors responded and were
pre-qualified to submit a proposal in response to the County's subsequent
Request for Proposals (RFP).
On June 15, 2023, OC Public Works issued
an RFP for the Project to the prequalified contractors. The RFP was advertised
from June 15, 2023, through August 9, 2023, on the County online bidding
system. Three proposals were received and deemed responsive. The evaluation
panel composed of members from OC Public Works, Probation and Lionakis
completed the evaluation process and provided its recommendation.
Balfour Beatty was selected as the
contractor for the DCS Services portion of the Project.
Scope
of Work:
Provide
cost estimates per County requirements, review and confirm initial budget and
provide continuous cost management to assure the design and construction costs
remain within the budgeted cost estimate
Commit
to a Guaranteed Maximum Price (GMP)(s)
Validate,
verify and refine detailed Project Program and verify the schedule is
appropriate for Project and Project criteria are appropriate
Develop
schematic design, design development and construction document deliverables per
County requirements
Provide
design phase services per County guidelines as necessary to construct the
Project
Procure
all agency review, peer review and local agency approvals and obtain permits at
each phase, comply with design review and approval process, per County
requirements
Provide
construction planning, phasing, scheduling and execution during design through
construction completion and closeout services
Develop
and maintain a Project schedule that incorporates all tasks and approvals of
all involved parties necessary to complete Project within contract duration
Provide
quality control and quality assurance
Publicly
advertise for trade subcontractors and prequalify trade contractors to comply
with County requirements
Use
prequalified Detention Equipment Contract as approve by the County
Develop
Trade Contractor Bid Packages and received bids according to County guidelines
Pay
prevailing wages and comply with prevailing wage laws
Manage
and administer Project construction phase to achieve construction completion
within contract time and budget with high-quality workmanship
See Attachment D for the Memorandum of
Recommendation and Evaluation Ranking Summary. The resulting rankings are as
follows:
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Contractors |
Rank |
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Balfour
Beatty Construction LLC |
1 |
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Bernards |
2 |
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Sundt Construction |
3 |
IV. Contract
with Vanir:
On June 29, 2023, OC Public Works issued
an RFP for the CMS portion of the Project. The RFP was advertised from June 29,
2023, through July 27, 2023, on the County online bidding system. Two proposals
were received and deemed responsive. The evaluation panel composed of members
from OC Public Works, Probation and Lionakis completed the evaluation process
and provided its recommendation.
Vanir was selected as the contractor for
the CMS portion of the Project.
Scope of Work:
Supervision
and coordination of design and construction
Review
design throughout different phases
Review
Design Build Entity (D-BE) final GMP's proposal
Coordinate
the contract's post award submittal requirements
Develop
the requirements for the D-BE's critical path method schedule
Cost
estimating services
Review
the following D-BE elements: D-BE's on-site CMS plan, post-award design
submittals for conformance, requests for information, payment applications, the
D-BE's quality control plan, inspection inspections and reports from the
Project's design professional, D-BE design and construction progress.
Coordinate
the activities of the independent special inspectors and review findings
Review
and negotiate post award scope changes and change orders and provide
recommendations
Coordinate
the activities of the owner's separate contractors
Perform
general inspections, record existing conditions and the D-BE's progress
Coordinate
the separate commissioning activities
Coordinate
occupancy and post occupancy testing and warranty claims
Review
administrative and financial closeout of Project
See Attachment E for the Memorandum of
Recommendation and Evaluation Ranking Summary.
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Contractors |
Rank |
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Vanir
Construction Management, Inc. |
1 |
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NexGen |
2 |
V.
Summary: The contracts with Balfour Beatty and Vanir must be approved by
the Board at the same time because establishing the partnership with County at
the beginning of the Project sets the foundation of engagement and
collaboration through completion.
OC Public Works is procuring Services for
the Project in accordance with the 2020 Design and Construction Procurement
Policy Manual (DCPM), Sections 3 and 5. The Orange County Preference Policy is
not applicable to contracts procured in accordance with the DCPM.
OC Public Works is recommending the Board
award Contract MA-080-23011507 to Balfour Beatty for DCS for the Project,
effective upon Board approval, to be completed within 730 calendar days of the
effective date of the Notice to Proceed, in a GMP of $109,807,314, which
includes $8,171,128 for GMP 1 - Design Services and Pre-Construction Phase.
OC Public Works is also recommending Board
approval of Contract MA-080-24010362 to Vanir for CMS for the Project, for a
term of two years, effective upon Board approval or execution of necessary
signatures, whichever occurs later, in an amount not to exceed $3,239,452.
Balfour Beatty’s license number was
verified as current and active through the Contractors State License Board
database on August 9, 2023. Balfour Beatty is based in Orange County. Vanir’s
license number was verified as current and active through the Department of
Consumer Affairs database on August 11, 2023. Vanir is based in Sacramento
County. Copies of the verifications are on file.
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 was
required as the specialized expertise needed to complete the work is currently
unavailable utilizing in-house staff.
OC Public Works has conducted due
diligence on Balfour Beatty. Reference checks were satisfactory and completed
with Vanir, Kern County and San Diego County regarding similar Services. OC
Public Works also conducted due diligence on Vanir. Reference checks were
satisfactory and completed with San Diego County, San Diego County Probation
Department and Los Angeles County regarding similar Services.
The contracts with Balfour Beatty and
Vanir include subcontractors. See Attachment C for information regarding
subcontractors and Contract Summary Forms.
Compliance
with CEQA:
This action for awarding contracts for the Services for the YTC is not a
Project within the meaning of CEQA Guidelines Section 15378 and is therefore
not subject to CEQA, since it does not have the potential for resulting in
either a direct physical change in the environment, or a reasonably foreseeable
indirect physical change in the environment. A separate CEQA review for the
Project after design will occur through a separate contract. During the design
of the Project, CEQA compliance will be completed. This action does not approve
the Project for construction until CEQA compliance occurs.
FINANCIAL
IMPACT:
Appropriations for the contracts
are included in Countywide Capital Projects Non-General Fund 15D for FY 2023-24
and will be included in the budgeting process for future years.
Appropriations in the amount of
$3,239,452 for CMS will be encumbered in FY 2023-24. The contract for DCS will
progress in several stages, with funds being assigned as required, up to a
Total Contract Price $109,807,314 for the entire Project. The DCS includes an
initial $8,171,128 for GMP 1 - Design Services and Pre-Construction Phase,
which will be encumbered FY 2023-24. Following construction phases will depend
on the outcomes of the initial GMP 1 Design Services and Pre-Construction Phase
and will allocate the remaining $101,636,186 of the total contract price
identified as GMPs, accordingly.
The proposed contract for CMS includes
provision stating 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, and the proposed contract for the
Design and Construction services may be terminated for convenience of the
County not less than 30 days written notice to the Contractor without penalty
to the County.
STAFFING
IMPACT:
N/A
REVIEWING
AGENCIES:
OC
Probation
ATTACHMENT(S):
Attachment
A – Contract MA-080-23011507 with Balfour Beatty Construction LLC
Attachment B – Contract MA-080-24010362 with Vanir Construction Management,
Inc.
Attachment C – Contract Summary Forms
Attachment D – Memorandum of Recommendation and Evaluation Ranking Summary for
Design and Construction Services
Attachment E – Memorandum of Recommendation and Evaluation Ranking Summary for
Construction Management Services
Attachment F – Individual Scoring Sheets for Design and Construction Services
Attachment G – Summary of Evaluators Scoring for Construction Management
Services
Attachment H – Project Location Map