TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:March 19, 2024
SUBJECT: Rancho Conejo Biotech Area Sidewalk Project (CI 5664) RECOMMENDATION:
1. Approve the project design, plans, specifications, and Addenda Nos. 1 and 2 for the construction of the Rancho Conejo Biotech Area Sidewalk Project (CI 5664).
2. Award construction contract for Rancho Conejo Biotech Area Sidewalk Project to Toro Enterprises, Inc. (Oxnard, CA) in the amount of $3,676,943.75, plus a contingency of $367,600.
3. Approve Third Amendment to Professional Services Agreement Contract No. 13114-2022 with MNS Engineers, Inc. (Thousand Oaks, CA) for engineering support services during the construction of the Rancho Conejo Biotech Area Sidewalk (CI 5664) in the amount of $36,570, for a revised not-to-exceed amount of $392,511, plus $3,700 for extra services, and extend the term of the agreement to June 30, 2025.
4. Approve budget appropriation in the amount of $1,374,600 as follows: $806,508 from A/C #001-0000-311-1000 (General Fund, Fund Balance) to A/C #001-5310- 631-8300 (CI 5664, Rancho Conejo Biotech Sidewalk Project), $2,158 from A/C #538-0000-311-1000 (Developer Fee - Fund Balance) to A/C #538-5570-631- 8300 (CI 5664, Rancho Conejo Biotech Sidewalk Project), $247,490 from A/C #532-0000-311-1000 (Developer Fee, Fund Balance) to A/C #532-5310-631-8300 (CI 5664, Rancho Conejo Biotech Sidewalk Project), and $318,444 from A/C #555- 0000-311-1000 (Developer Fee, Fund Balance) to A/C #555-5310-631-8300 (CI 5664, Rancho Conejo Biotech Sidewalk Project).
5. Authorize expenditures in the amount of $4,135,225 ($3,676,944 construction contract; $367,600 construction contingency; $6,181 third amendment for construction phase support services; $3,700 for extra services; $60,800 for Southern California Edison (SCE) street light fees, and $20,000 for California- American Water Company (Cal AM) water meters and connection charges for Rancho Conejo Biotech Area Sidewalk (CI 5664), as follows: $1,974,133 from A/C #001-5310-631-8300; $1,593,000 from A/C #183-5310-631-8300; $247,490 from
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6 A/C #532-5310-631-8300; $318,444 from A/C #555-5310-631-8300, and $2,158 from A/C #538-5570-631-8300.
6. Delegate authority to the City Engineer to approve changes to the design, plans, specifications, and working details of the project on work directives and change orders up to the project contingency value.
7. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15301.
FINANCIAL IMPACT:
$1,374,600 Increase to Adopted FY 2023-24 General Fund and Developer Fees Fund Budget. Budget appropriation in the amount of $806,508 to the Adopted FY 2023-24 General Fund Budget and $568,092 to the Adopted Developer Fee Fund Budget. There is budget carryover of $2,942,974, including $1,593,000 in grant funds available for the project. The estimated total project cost is $4,567,555.
BACKGROUND:
The Rancho Conejo Biotech Area Sidewalk Project (CI 5664) is in Newbury Park, north of Hillcrest Drive and along Rancho Conejo Boulevard and Lawrence Drive (Attachment #1). The project area, having been originally developed as an industrial area, has several incomplete sidewalk segments and is without certain pedestrian amenities (such as marked crosswalks or enhanced marked pedestrian crosswalks). As this area matures as the City’s Biotech Area, there is an opportunity to enhance pedestrian safety for the benefit of all roadway users. This is consistent with current transportation trends, and the City’s Active Transportation Plan, which features a higher emphasis on active transportation.
The CI 5664 Project includes the construction of new sidewalk segments at the following locations to help begin to transform the Rancho Conejo Biotech Area into a more pedestrian-friendly zone:
·
•The north side of Hillcrest Drive from Mitchell Road to approximately 1,000 feet west of Lawrence Drive;
•The north side of Teller Road from Lawrence Drive to Marion Street; •The west side of Lawrence Drive from Hillcrest Drive for approximately 700 feet; and
•Both sides of Corporate Center Drive from Rancho Conejo Boulevard for approximately 450 feet to complete the missing sidewalk segments.
The project also includes the installation of new SCE streetlights, as well as enhanced pedestrian crosswalks. The enhanced crosswalks feature markings and Rancho Conejo Biotech Area Sidewalk Project (CI 5664)
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6 electronic Rectangular Rapid Flashing Beacon (RRFB) warning systems to alert approaching traffic of pedestrian activity on Rancho Conejo Boulevard. The pedestrian crosswalks will be installed at the following two locations: 1) Rancho Conejo Boulevard at Corporate Center Drive (north leg of the intersection), and 2) Lawrence Drive approximately 450 feet North of Hillcrest Drive due to the frequent midblock pedestrian crossing between buildings.
On September 27, 2022, City Council approved a Professional Services Agreement with MNS Engineers, Inc. (MNS) (Contract No. 13114-2022) in the amount of $315,866 for the design and engineering of the project. Two amendments have been approved to date for work not included in the original scope, increasing the contract amount to a revised not-to-exceed amount of $355,941. MNS completed the plans, specifications, and cost estimate in September 2023.
In June 2022, the project was awarded $1,593,000 from the Federal COVID Relief and Recovery Supplemental Appropriation Act (CRRSA), which was rescinded by Congress in June 2023. Staff worked closely with Ventura County Transportation Commission (VCTC), Caltrans, and the California Transportation Commission (CTC) and requested state-only funding for the project. On August 17, 2023, the City received approval of the requested funding and subsequently, CTC allocated $1,593,000 for the project. On October 24, 2023, City Council authorized the acceptance of the grant.
DISCUSSION/ANALYSIS:
Construction Contract
On October 24, 2023, City Council authorized staff to advertise the Rancho Conejo Biotech Area Sidewalk Project (CI 5664) for construction bids. The Notice Inviting Bids (NIB) was published in the Thousand Oaks Acorn newspaper on November 10, 2023, and was made available to all vendors on the City’s procurement website per Public Contract Code Section 22037 and Thousand Oaks Municipal Code 3-
10.306. A total of 1,068 vendors were notified of the NIB, and 65 downloaded the NIB. On January 10, 2024, a total of three construction bids were received for the project and were publicly opened with the following results as follows:
Bidder Bid
1. Toro Enterprises, Inc. (Oxnard, CA) $3,676,943.75
2. Granite Construction Co. (Watsonville, CA) $4,191,955.00
3. Ardalan Construction Co. Inc. (Thousand Oaks, CA) $4,573,910.23* * Contractor’s original bid of $4,575,793.28 was corrected to actual total of $4,573,910.23 Rancho Conejo Biotech Area Sidewalk Project (CI 5664)
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6 The apparent low bidder was Toro Enterprises, Inc. (Toro), with a bid of $3,676,943.75. The bid is about 31 percent higher than the engineer’s estimate of $2,791,000. The discrepancy between the engineer’s estimate and the construction bid is reflective of the new bidding environment and consistent with what staff is observing with similar projects throughout the region, with the California construction cost index having increased over 35 percent since 2021.
Postponing the project will likely result in even higher construction bid costs and would also jeopardize the grant funding deadlines.
The bid package submitted by Toro has been reviewed and found to be in order and the bid protest period has elapsed with no formal protest received. Toro has satisfactorily completed similar projects for the City, as well as other cities, and their references were verified. Staff recommends the award of the construction contract to Toro.
Engineering Support During Construction
Engineering support services during the construction phase are needed from MNS, the engineer of record on the project. The first and second amendments to the MNS agreement provided for additional design services. The engineering support services during construction are covered by the proposed third amendment and include attending progress meetings, reviewing and responding to contractors’ requests for information, reviewing material submittals, revising plans, assisting City staff in preparing cost estimates of the contract changes, and preparing record drawings upon final completion of construction. Staff recommends approval of the Third Amendment to Contract No. 13114-2022 with MNS in the amount of $36,570 (Attachment #2), for a revised not-to-exceed amount of $392,511, plus Extra Services of $3,700.
Cost Summary for MNS Agreement is as follows:
ACTION BUDGET CONTRACT
Original Contract (previously approved) $ 315,866 $ 315,866 Original Extra Services (previously approved) $ 31,634 First Amendment (previously approved)
(using $31,245 of extra services)
$ 31,245
Second Amendment (previously approved)
(added budget of $8,830)
$ 8,830 $ 8,830
Additional Extra Services (previously approved)
(added budget of $30,000)
$ 30,000
Third Amendment ($36,570 – this action):
(using $30,389 of remaining extra services)
(additional budget of $6,181 – this action) $ 6,181 $ 30,389
$ 6,181
Additional Extra Services (this action) $ 3,700
TOTAL $ 396,211 $ 392,511
Rancho Conejo Biotech Area Sidewalk Project (CI 5664)
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6 The total project estimated costs and summary of the various funding sources are as follows:
OVERALL PROJECT COST AND FUNDING SUMMARY
Fund
001
Fund
183
Fund
532
Fund
555
FUND
538
Total
Original Design
(previously approved) $ 315,866 $0 $0 $0 $0 $ 315,866 Amendments (First – Third)
(previously approved) $ 70,464 $0 $0 $0 $0 $ 70,464 City Furnished
(previously approved) $ 5,000 $0 $0 $0 $0 $ 5,000 Total Expenditure
(previously approved) $ 391,330 $0 $0 $0 $0 $ 391,330 Amendment (Third)
(this action) $ 6,181 $0 $0 $0 $0 $ 6,181
Extra Services
(this action) $ 3,700 $0 $0 $0 $0 $ 3,700
Construction Contract
(this action) $1,515,852 $1,593,000 $247,490 $318,444 $2,158 $3,676,944 Construction Contingency
(this action) $ 367,600 $0 $0 $0 $0 $ 367,600
Cal AM Water Meters
(this action) $ 20,000 $0 $0 $0 $0 $ 20,000
SCE Street Lights
(this action) $ 60,800 $0 $0 $0 $0 $ 60,800
Total Expenditure
(this action) $1,974,133 $1,593,000 $247,490 $318,444 $2,158 $4,135,225 Construction Material Testing
(future action) $ 41,000 $0 $0 $0 $0 $ 41,000
TOTAL PROJECT COST $2,406,463 $1,593,000 $247,490 $318,444 $2,158 $4,567,555 The total estimated project cost including design and construction phases is $4,567,555, which consists of $1,593,000 in State Transportation Improvement Program (STIP) funds for the construction phase, with the balance funded by the City’s General Fund and Developer Fees. Under this project, the City will also pay $60,800 to SCE for fees in connection with three new streetlights, and pay $20,000 to Cal AM for connection fees and two irrigation meters.
Anticipated Project Schedule
Start of Construction April 2024
Construction Completion Summer 2025
The project is categorically exempt from CEQA per section 15301 (repair/maintenance of an existing facility).
Rancho Conejo Biotech Area Sidewalk Project (CI 5664)
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6 The project design, plans, and specifications are available for review upon request by request to the Public Works Department by e-mail at [email protected] or by phone at (805) 449-2400.
Community Outreach: The Rancho Conejo Biotech Area Sidewalk Project was presented to the Traffic and Transportation Advisory Commission on April 26, 2023, and received positive feedback. Staff will develop and implement an additional public outreach plan that will focus on adjacent businesses as well as the public. Various communications tools and strategies, including community meetings (if needed), press releases, website updates, and social media posts will be utilized to inform the public and receive feedback. A dedicated project website www.toaks.co/biotechsidewalks has been created, where updated project information will continue to be provided throughout the design and construction phases of the project.
This project meets City Council’s Top Ten Priorities #6, “Public Works and Infrastructure Investments”.
CIP PROJECT PRIORITY (as outlined in FY 2023-24 & FY 2024-25 CIP Program Budget)
Priority One – Essential projects which address health and safety, legal, and regulatory requirements.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.
PREPARED BY: Masoud Razavi, Associate Engineer
Attachments:
Attachment #1 – Vicinity and Location Maps
Attachment #2 – Third Amendment to MNS Agreement No. 13114-2022 Documents Provided Under Separate Cover:
#1 – Project Plans, Specifications, and Addenda Nos. 1 and 2 DPW:850-20\ev\Council\2024\031924\CI 5664\Rancho Conejo Biotech Area Sidewalk Project staff report.docx