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  Consent-General Government   # 16.       
General Services  
Meeting Date: 05/10/2022  
Brief Title:    SB 863 Leinberger Project Update
From: Kevin Yarris, Director, General Services
Staff Contact: Sofia Mejia, Associate Administrative Analyst, General Services, x5021

Subject
Amend two work authorizations with Kitchell and Lionakis related to the SB 863 Leinberger Replacement Project and adopt a budget resolution to approve acceptance of additional grant award funds from the State of California Board of State and Community Corrections and increase the 2021-22 appropriations for the Project budget by $3,850,000. (General fund impact $150,000) (4/5 vote required) (Yarris)
Recommended Action
  1. Approve third amendment to work authorization under Agreement No. 17-99 with Kitchell to increase the maximum compensation by $239,000 to a new maximum amount of $1,584,880 for additional construction management consulting services for the SB 863 Leinberger Replacement Project ("Project");
     
  2. Approve third amendment to work authorization under Agreement No. 14-207 with Lionakis to increase the maximum compensation by $100,000 to a new maximum amount of $3,542,975 for additional architectural consulting services for the Project;
     
  3. Adopt a budget resolution increasing the fiscal year 2021-2022 budget appropriation and accepting the additional grant award fund from the State of California Board of State and Community Corrections (BSCC) in the amount of $3,850,000 for the Project; and
     
  4. Approve an increase in the Director of General Service's change order authority by an additional $2,070,000 for a total amount not to exceed $23,833,500, inclusive of all change orders, for the Broward Builders construction agreement.  
Strategic Plan Goal(s)
Safe Communities
Reason for Recommended Action/Background
On December 15, 2020, the Board of Supervisors approved the Leinberger Replacement Project ("Project"), conditioned on approval of grant funding for the Project, and adopted Resolution No. 20-139, which affirmed the County's cash match for the Project as required to obtain SB 863 funding (Adult Local Criminal Justice Facilities Financing Program) from the Board of State and Community Corrections ("BSCC"). On December 15, 2020, the Board also approved the Project construction budget of $21,763,500 and allowed the Director of General Services to execute a construction contract with Broward Builders, Inc., in the amount of $19,785,000 with authority to approve change orders up to the budgeted amount of $21,763,500.

Since December 15, 2020, the Project has experienced significant delays. The onset of the COVID-19 pandemic and delays in obtaining approval of a ground lease amendment from the State of California necessary to move forward with the Project caused significant delays in the overall Project schedule. All proper documentation was sent to the State of California in September 2019; however, the County did not receive approval until December 2020. As a result of the delayed ground lease approval, the Office of the State Fire Marshall ("OSFM") required the previously approved Project construction plans to be updated from the 2016 building codes to the 2019 building codes and the permit expired 30 days before the Project was scheduled to start. These additional initial delays caused by the OSFM required changes triggered other cost increases related to supply chain and escalation in material and labor costs.

Due to these cost increases, staff if requesting approval of amendments to two work authorizations and an increase in the construction contract change-order authority as follows: (1) approval of a THIRD amendment to the work authorization under Agreement No. 17-99 with Kitchell to increase the maximum compensation by $239,000 to a new maximum amount of $1,584,880 for Project construction management services (Attachment A); (2) approval of a THIRD amendment to the work authorization under Agreement No.14-207 with Lionakis to increase the maximum compensation by $100,000 to a new maximum amount of $3,542,975 for additional Project architectural consulting services (Attachment B); and (3) approve an increase in the Director of General Service's change order authority by an additional $2,070,000 for a total amount not to exceed $23,833,500, inclusive of all change orders, for the Broward Builders construction agreement.  

The additional cost for the construction work described above exceeds the statutory contract change order limits for Public Contract Code section 20137. Changes exceeding the Public Contract Code section 20137 limit would ordinarily require competitive bidding. However, under Graydon v. Pasadena Redevelopment Agency (1980) 104.Cal.App.3d 631, competitive bidding is not required where such bidding would be unavailing and impractical, and would not produce any public advantage.  For the following reasons, competitive bidding (Pursuant to Public Contract Code section 20137) for the extra work in this case would not have produced any public advantage, and it is in both the best interest of the County and the public to work with the existing contractor on the Project rather than competitively bidding these Project changes: 
  • Each of the items of the contract change order work is functionally integrated with the overall Project. Broward Builders is already mobilized and onsite doing the Project construction. It wouldn’t be practical to have a different contractor perform the change order work items because they are integrated with the overall infrastructure being installed and further delaying the Project to advertise and competitively bid the remaining items for the Project at this juncture would only further delay completion of the Project at additional expense.
A budget resolution is also provided as Attachment C.  The proposed resolution will approve acceptance of additional grant award funds from BSCC in the amount of $3,850,000 and increase the fiscal year 2021-22 budget for the Project by $3,850,000 for a new not to exceed construction budget of $25,613,500, which includes the increases in the Broward Builders construction change orders as well as additional construction-related costs, such as furniture and consulting services. The budget resolution requires a 4/5 vote.

The overall updated Project budget summary is below.
 
Yolo County SB 863 Jail Construction Project (County)
Budget Summary Table

 
LINE ITEM STATE REIMBURSED CASH MATCH IN-KIND MATCH TOTAL
Construction $25,613,500     $25,613,500
Additional Eligible $1,799,550 $171,000   $1,970,550
Architectural $1,214,450 $2,242,000   $3,456,450
Project Construction Management $1,290,600 $294,280   $1,584,880
CEQA   $38,900   $38,900
State Agency Fees** $0 $182,000   $182,000
Audit   $0 $12,000 $12,000
Needs Assessment   $65,000 $0 $65,000
Transition Planning   $0 $110,800 $110,800
County Administration     $278,400 $278,400
Land Value     $0 $0
TOTAL PROJECT COSTS $29,918,100 $2,993,180 $401,200 $33,312,480
PERCENT OF TOTAL 89.81% 8.99% 1.20% 100.00%
  $30,500,000 10.19%    
  $581,900 $3,394,380    
Collaborations (including Board advisory groups and external partner agencies)
General Services Department collaborated with the Yolo County Sheriff, County Counsel, County Department of Finance, California Board of State and Community Corrections (BSCC), California State Public Works Board, California Department of Corrections and Rehabilitation (CDCR), Board Committee on Capital Investment, California Department of Finance (DOF) and the Office of State Fire Marshall (OSFM). 
Competitive Bid Process/Vendor Performance
N/A

Fiscal Impact
Fiscal impact (see budgetary detail below)
Fiscal Impact (Expenditure)
Total cost of recommended action:    $   32,398,200
Amount budgeted for expenditure:    $   28,548,200
Additional expenditure authority needed:    $   3,850,000
One-time commitment     Yes
Source of Funds for this Expenditure
$150,000
Explanation (Expenditure and/or Revenue)
Further explanation as needed:
We expect these funds to be reimbursed by the State and any funds not used will be re-budgeted for the next fiscal year.
Attachments
Att. A. Kitchell Work Authoization
Att. B. Lionakis Work Authorization
Att. C. Budget Resolution

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Form Review
Inbox Reviewed By Date
Kevin Yarris Kevin Yarris 05/02/2022 08:33 PM
Financial Services Julie Dachtler 05/03/2022 09:00 AM
Financial Services Melissa Patterson 05/04/2022 03:53 PM
Joanne Van Hoosear Lupita Ramirez 05/05/2022 08:15 AM
Joanne Van Hoosear Joanne Van Hoosear 05/05/2022 10:23 AM
Form Started By: Sofia Mejia Started On: 03/16/2022 09:04 AM
Final Approval Date: 05/05/2022

    

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