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File #: 23-1012    Version: 1 Name:
Type: Approval Status: Agenda Ready
File created: 10/5/2023 In control: Executive Office
On agenda: 10/31/2023 Final action:
Title: Discussion and Possible Action Regarding Adoption of Resolution Assuring Necessary Matching Funds and Conditionally Approving Contract Award to Broward Builders, Incorporated, in the Amount of $35,859,000 for the Construction of the SB844 Jail Building Serving as a Behavioral Health Wing; Authorizing Contract Execution Upon Funding Approval by the State Department of Finance; Direction to Staff Regarding Additional General Fund Cash Match Needed in the Amount of $6,786,062; Authorization for the Chief Executive Officer or Designee to Act as Project Manager and Enter Contracts and Approve Change Orders for the Project, Pursuant to Public Contract Code Section 20142 (Sponsors: Sheriff-Coroner and Executive Office)
Attachments: 1. Resolution 23-178, 2. Resolution, 3. Mendocino Jail Project Memo, 4. Mendocino SB844 Milestone Schedule, 5. Mendocino SB844 Bid tab Summary v.10.2.2023, 6. MENDO 844 BST DBB AS BID TO BSCC Final v.10.2.23, 7. BOS# - Broward Builders - MC SB 844 Jail Project - DH Signed, 8. MENDO 844 3PE DBB AS BID TO BSCC Final v.10.2.23, 9. Agreement 24-019 (Resulting Agreement, Executed Jan 2024)

 

To:  Board of Supervisors

FromSheriff-Coroner Executive Office

Meeting DateOctober 31, 2023

 

Department Contact:  

Sheriff Kendall

Phone: 

707-463-4411

Department Contact:  

Captain Spears

Phone: 

707-463-4411

Department Contact:  

John Bednar

Phone: 

707-463-4411

Department Contact:  

Steve Dunnicliff

Phone: 

707-463-4441

 

Item Type:   Regular Agenda

 

Time Allocated for Item: 30 Minutes

 

 

Agenda Title:

title

Discussion and Possible Action Regarding Adoption of Resolution Assuring Necessary Matching Funds and Conditionally Approving Contract Award to Broward Builders, Incorporated, in the Amount of $35,859,000 for the Construction of the SB844 Jail Building Serving as a Behavioral Health Wing; Authorizing Contract Execution Upon Funding Approval by the State Department of Finance; Direction to Staff Regarding Additional General Fund Cash Match Needed in the Amount of $6,786,062; Authorization for the Chief Executive Officer or Designee to Act as Project Manager and Enter Contracts and Approve Change Orders for the Project, Pursuant to Public Contract Code Section 20142

(Sponsors: Sheriff-Coroner and Executive Office)

End

 

Recommended Action/Motion:

recommendation

Adopt Resolution assuring necessary matching funds and conditionally approving contract award to Broward Builders, Incorporated, in the amount of $35,859,000 for the construction of the SB844 jail building serving as a behavioral health wing; authorizing contract execution upon funding approval by the State Department of Finance; provide direction to staff regarding additional General Fund Cash Match needed in the amount of $6,786,062,;  authorize the Chief Executive Officer or designee to act as Project Manager and enter contracts and approve change orders for the project, pursuant to Public Contract Code Section 20142; and authorize Chair to sign same.

End

 

Previous Board/Board Committee Actions:

2/7/17, Resolution 17-019 authorized the Sheriff’s Office submittal of a proposal for funding through the Adult Local Criminal Justice Facilities Construction Financing Program (Senate Bill 844) for additional specialty housing and expanded program, training, and mental healthcare space at the County jail and authorized an appropriation for the local match portion of the project of approximately $1.047 million. The County’s proposal was ultimately successful in securing $25 million in state reimbursement.  On 12/19/17, $2.901 million agreement with Nacht & Lewis approved for architectural services related to this project.  4/24/18, a modification to the project location was approved; an increase to the local match of approximately $1,000,000 was also approved.  FY 19-20 budget included an additional $500,000 appropriation to increase the local match to this project. On 7/16/19 the Board authorized creation of a separate Capital Project for parking improvements associated with the new jail, to be funded with $300,000 of the committed match funding.  On 10/1/19, the Board approved a Construction Management Contract Award to Vanir and requested additional information regarding insulation and mechanical systems in the new building.  The Board requested an energy assessment of this new facility, and elected to utilize electric heat pumps, with increased expense, as a carbon reduction strategy.  On 2/9/21 the Board approved modification of land pledged by the County as security for Certificates of Participation issued in 2012, so the footprint of this new project was not otherwise encumbered and available as security for the State’s new funding.  As a component of the FY 20-21 mid-year budget process, $250,000 was allocated to the project to fund the electric heat pumps. On 9/28/21 the Board accepted the presentation of updated cost estimates for the project including a projected budget shortfall of $3.6 million; the Board elected to allocate $4 million. On November 16, 2021 the Board received the first quarter budget report and directed staff to identify financing options for $3 million of the budget shortfall. At the June 8, 2022 Budget Hearing for Fiscal Yar 2022-23, $4 million was placed in a designated reserve, from the General Reserve to provide the funding needed, with the intent to pay the General Reserve back upon completion of bond financing.  On 8/2/22, the Board received an updated timeline and construction cost update which indicated that the estimated total project cost had again increased, with an estimated projection of between $33.7 million and $35.7 million.  On 1/10/23, the Board received another cost estimate indicating total costs again were increasing, with the latest estimate at $36.9 million.                     

 

Summary of Request

As a designated “small” jurisdiction, Mendocino County applied for and received a maximum award for design and construction of a 21,000 square foot stand-alone, one story building with a sloped roof system.  The project is adjacent to the existing jail facility and it will serve as a behavioral health wing, providing housing, programming, medical and mental health treatment space and a new public visiting center.  Housing will include 60 maximum-security beds, a safety cell, recreation yards, central control, medical exam room, dental exam room, clinical suite, program/group rooms and staff support space.

As has been the case for the duration of this project, market conditions continue to change dramatically. Construction materials and labor costs continue to rise rapidly due to skilled labor shortages, supply chain issues, inflationary pressures on construction materials, and lack of competition. Despite multiple firms participating in the County’s prequalification process for bidders, the County prequalifying three contractors, and extending the deadline for bid submittal, a single bid was received for this project. 

The Board could reject this bid and direct staff to re-start the process.  However, there is no reason to believe that a new process will lead to any significant reduction in cost.  There is certainty that delays associated with a new process will lead to additional inflationary cost increases.

It is requested at this time that the Board accept the latest total project cost estimate of $43,999,800, provide direction to staff regarding the additional $6,786,062 in General Fund cash match needed to proceed with the project, and adopt a Resolution conditionally approving contract award to Broward Builders in the amount of $35,859,000 after approval is received by the State Department of Finance (anticipated to occur on January 26, 2024) and authorizing the required cash contribution for completion of the project. 

 

Alternative Action/Motion:

Provide direction to staff.                     

 

Does This Item Support the General Plan? N/A

 

Strategic Plan Priority Designation: A Safe and Healthy County

 

Supervisorial District:  All

                                          

vote requirement:  Majority

                                          

 

 

Supplemental Information Available Online At: N/A

 

Fiscal Details:

source of funding: General Fund

budgeted in current f/y: No

current f/y cost: N/A

if no, please describe:

annual recurring cost: N/A

revenue agreement: No

 budget clarification: The construction contract for this new jail facility behavioral health wing is in the amount of $35,859,000; the total project cost is $43,999,800.  This is partially offset by a $25 million award from the State.  The Board will need to provide direction regarding an additional local match amount of $6,786,062, bringing the County’s total share of the project to $18,999,800.

Agreement/Resolution/Ordinance Approved by County Counsel: Yes

 

CEO Liaison: Executive Office

 

 

CEO Review: Yes 

 

 

CEO Comments:

 

FOR COB USE ONLY

Executed By: Atlas Pearson, Senior Deputy Clerk

Final Status: Approved with Direction

Date: October 31, 2023

Executed Item Type: Resolution   Number: 23-178