Title
Chief Administrative Office, Procurement and Contracts Division and Facilities Division, recommending the Board:
1) Receive and file a presentation on the Design-Build proposals, evaluation process and results for the Public Safety Facility;
2) Make findings that the selected proposer, Clark/Sullivan Construction and Broward Builders Inc. offers the best value to the County for the design and construction of the Public Safety Facility based on the criteria state in the Request for Proposals.;
3) Award RFP 17-968-058, Design-Build Services - Public Safety Facility to proposer Clark/Sullivan Construction and Broward Builders Inc.;
4) Approve and authorize the Board Chair to sign the attached contract #284-C1899 with Clark/Sullivan Construction and Broward Builders in an amount of $48,970,368 for design-build services for the Public Safety Facility contingent upon County's receipt and acceptance of payment and performance bonds, noting that the contract becomes effective at the final step which is USDA concurrence;
5) Authorize the Purchasing Agent to sign any amendments to the contract that do not affect the total dollar amount or term of the contract contingent upon review and approval by County Counsel; and
6) Authorize the Purchasing Agent to sign an Escrow Agreement, if requested by the Contractor and in accordance with Public Contract Code Section 22300, for the purpose of holding Contract retention funds. (Est. Time: 1 Hr.)
FUNDING: USDA Loan, General Fund.
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DEPARTMENT RECOMMENDATION
Chief Administrative Office, Procurement and Contracts Division and Facilities Division, recommending the Board:
1) Receive and file a presentation on the Design-Build proposals, evaluation process and results for the Public Safety Facility;
2) Make findings that the selected proposer, Clark/Sullivan Construction and Broward Builders Inc. offers the best value to the County for the design and construction of the Public Safety Facility based on the criteria state in the Request for Proposals.;
3) Award RFP 17-968-058, Design-Build Services - Public Safety Facility to proposer Clark/Sullivan Construction and Broward Builders Inc.; and
4) Approve and authorize the Board Chair to sign the attached contract #284-C1899 with Clark/Sullivan Construction and Broward Builders in an amount of $48,970,368 for design-build services for the Public Safety Facility contingent upon County's receipt and acceptance of payment and performance bonds, noting that the contract becomes effective at the final step which is USDA concurrence; and
5) Authorize the Purchasing Agent to sign any amendments to the contract that do not affect the total dollar amount or term of the contract contingent upon review and approval by County Counsel; and
6) Authorize the Purchasing Agent to sign an Escrow Agreement, if requested by the Contractor and in accordance with Public Contract Code Section 22300, for the purpose of holding Contract retention funds.
DISCUSSION / BACKGROUND
Discussions around the new Public Safety Facility began in October 2013. Since that time, the Facilities Division and Sheriff's Office have been before the Board of Supervisors 39 times with information related to the Public Safety Facility. Attachment A includes a chronological history of all Legistar items, including Legistar #, date, title and actions taken by the Board of Supervisors since October 2013 related to the Public Safety Facility.
The next step in the process is to award and execute the Design-Build Services contract, so that the plans and specifications can be finalized in preparation for ground breaking for the new facility in the Spring of 2018 with substantial completion by the Fall of 2019.
On March 28, 2017, the County issued a Request for Qualifications for design-build services for the Public Safety Facility. The County received responses from three firms. These three firms were selected to receive Request for Proposal 17-968-058 which was issued on May 25, 2017. Proposals were received on September 18, 2017. The County began an intensive review and design sessions with all three firms. The selection committee for the County was comprised of seven people including the Sheriff, Undersheriff, Detective James Morgan, Director of Planning and Building Roger Trout, Facilities Manager Russ Fackrell, Capital Programs Manager Chuck Harrell, and the Project Manager Bob Christenson. Vanir Construction Management and Arch Nexus were also present during the contractor design sessions to provide technical feedback in relation to the design criteria documents. In addition to the three design sessions with the proposers, the County also conducted individual confidential legal sessions with each proposer in regards to the extensive and complicated contract document. These sessions were conducted by Lisa DelGalo of Hansen Bridget and attended by staff from County Counsel, the CAO's office and Vanir Construction Management.
A scoring criteria was developed and applied to all three firms. The proposals were ranked in the following order:
1) Clark/Sullivan Construction and Broward Builders Inc.
2) Roebbelen Contracting Inc.
3) DPR Construction
Staff is recommending that the Board award the Design-Build contract to Clark/Sullivan Construction and Broward Builders Inc. and authorize the Board Chair to sign the contract. Once the contract is fully executed, the Facilities Division with issue the Notice to Proceed and the contractor will begin the finalization of the Plans & Specifications. The Facilities Division will return to the Board for approval of the 90% Plans & Specifications for the Public Safety Facility as soon as possible.
ALTERNATIVES
The Board could choose to not award the contract and progress on the Public Safety Facility would be stopped and the County could be in danger of losing the USDA loan. Per the terms of the Letter of Conditions for the USDA loan, in the event the project has not advanced to the point of construction by December 16, 2017, USDA Rural Development reserves the right to discontinue the processing of the loan. The design-build contract is the final step in advancing the project to the point of construction. If this contract is not awarded, the County would need to begin a new RFP process which would take several months to complete and likely result in higher costs to the County and the loss of the USDA funding.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Sheriff, Planning and Building Services
CAO RECOMMENDATION
It is recommended that the Board approve this item.
FINANCIAL IMPACT
The Request for Proposal included a project budget of $50 million. The initial proposal by Clark/Sullivan and Broward Builders Inc. included a guaranteed maximum price (GMP) of approximately $53 million. The County determined that Clark/Sullivan Construction and Broward Builders offered the best value to the County for the design and construction of the Public Safety Facility and began negotiations with the Contractor to lower the GMP within the original County budget of $50 million. Negotiations were successful and the revised GMP is approximately $49 million. The Facilities Division estimates that the majority of expenses related to this contract will be in FY 2018-19. Funding for the construction costs will be provided by the United States Department of Agriculture (USDA) loan and re-paid over a period of 37 years at an estimated annual payment of approximately $2.3 million. Payments to the USDA will not begin until a year after construction is complete, and will need to be incorporated into the annual County budget at that time.
CLERK OF THE BOARD FOLLOW UP ACTIONS
N/A
STRATEGIC PLAN COMPONENT
Infrastructure
Public Safety
CONTACT
Laura Schwartz, Deputy CAO
Russ Fackrell, Facilities Manager