To: Board of Supervisors
From: Sheriff-Coroner Executive Office
Meeting Date: March 15, 2022
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Department Contact: |
Sheriff Kendall |
Phone: |
463-4411 |
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Department Contact: |
Lieutenant Bednar |
Phone: |
463-4094 |
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Department Contact: |
Steve Dunnicliff |
Phone: |
463-4441 |
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Item Type: Consent Agenda |
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Time Allocated for Item: N/A |
Agenda Title:
title
Adoption of Resolution Finding Prime Contractors Interested in Bidding on the SB 844 Jail Expansion Project Must be Prequalified, Establishing a Prequalification System Consistent with the Department of Industrial Relations (DIR) Standard Questionnaire and Model Guidelines, and Authorizing and Directing the CEO to Appoint a Review Panel to Consider and Rate the Applications Submitted in Accordance with the Model Guidelines
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Recommended Action/Motion:
recommendation
Adopt Resolution finding prime contractors interested in bidding on the SB 844 jail expansion project must be prequalified, establishing a prequalification system consistent with the Department of Industrial Relations (DIR) standard questionnaire and model guidelines, and authorizing and directing the CEO to appoint a review panel to consider and rate the applications submitted in accordance with the model guidelines; authorize the CEO to designate an appeals panel to hear and decide upon duly submitted appeals from any contractors denied prequalification status; and authorize the Chair to sign same.
End
Previous Board/Board Committee Actions:
On February 7, 2017, 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 December 19, 2017, an agreement was approved with Nacht & Lewis, in the amount of $2.901 million, for architectural services related to this project. On April 24, 2018, 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 July 16, 2019 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 October 1, 2019, 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 decided to utilize electric heat pumps with increased expense as a carbon reduction strategy. On February 9, 2021 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 September 28, 2021 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 including directing to staff to identify financing options for $3 million of the budget shortfall.
Summary of Request:
In 1999 the state Legislature enacted Public Contract Code section 20101 as part of Assembly Bill 574 that allows most public agencies to require contractors that wish to bid for specific public works projects to pre-qualify for the right to bid on that project. The law requires that public agencies creating a prequalification procedure to: 1) use a standardized questionnaire and financial statement form; 2) adopt and apply a uniform system for rating bidders on objective criteria and 3) create an appeal procedure by which a contractor that is denied pre-qualification my seek a reversal of that determination. The bill further directed the Department of Industrial Relations (DIR) to develop the standardized questionnaire and model guidelines for rating bidders in consultation with public agencies, the construction industry and other interested parties.
It is standard practice for counties to prequalify bidders on county jail projects to ensure that the ultimate contractor on jail projects is adequately capitalized, and fully competent to take on the project. While this practice will limit the number of local contractors able to participate as a prime contractor, the labor force on the project will largely be employed by subcontractors who are not limited by the pre-qualification process. As this practice is well established for jail and other major capital projects by counties and local jurisdictions throughout the state, many contractors are familiar with the process and are motivated to be included as prequalified contractors, thus ensuring a competitive bidding environment.
The DIR Labor commissioner has developed and issued the standard questionnaire and model guidelines for rating bidders, the latest edition of which was used to prepare the attached Contractor Prequalification Packet. By following these guidelines and sample questionnaire in developing and adopting the County’s prequalification process the County will ensure use of a well-established system that complies with state law and has proven successful in protecting the County’s interest when entering into a construction contract of this scope.
The attached resolution adopts a prequalification packet and system following the DIR standard questionnaire and model guidelines for the SB 844 Mendocino County Jail Expansion Project; including the prequalification packet, directing appointment of a review panel to rate the applications submitted in accordance with the model guidelines, notifying contractors of their prequalification status, and to appoint an appeals panel to hear and decide upon duly submitted appeals from any contractors denied prequalification status.
Alternative Action/Motion:
Do not adopt the attached resolution. Provide direction to staff to modify the resolution for later action, or direct staff to issue the invitation to bid for the SB 844 Jail Expansion project without an established pre-qualification system.
Does This Item Support the General Plan? N/A
Supervisorial District: All
vote requirement: Majority
Supplemental Information Available Online At: N/A
Fiscal Details:
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source of funding: BG |
budgeted in current f/y: Yes |
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current f/y cost: $10,000 |
if no, please describe: |
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annual recurring cost: N/A |
revenue agreement: No |
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budget clarification: This action does not specifically impact the budget beyond staff time to prepare and issue the qualification applications and evaluate the submission, up to several hundred hours. |
Agreement/Resolution/Ordinance Approved by County Counsel: Yes
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CEO Liaison: Executive Office |
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CEO Review: Yes |
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CEO Comments:
FOR COB USE ONLY
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Executed By: Atlas Pearson, Deputy Clerk II |
Final Status: Adopted |
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Date: March 16, 2022 |
Executed Item Type: Resolution Number: 22-061 |
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