TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:August 27, 2024
SUBJECT: Erbes Road Flood Mitigation Project (CI 5655)
RECOMMENDATION:
1. Approve the project design, plans, specifications, and Addendum No. 1 for the construction of the Erbes Road Flood Mitigation Project (CI 5655).
2. Award construction contract for Erbes Road Flood Mitigation Project to FS Construction, Inc. (FSC), (Sylmar, CA) in the amount of $600,545, plus a contingency of $60,100.
3. Approve Third Amendment to the Professional Services Agreement (Contract No. 13170-2023) with NextGen Engineers, Inc. (NextGen), (Tucson, AZ) for engineering support services during the construction of the Erbes Road Flood Mitigation Project (CI 5655) in the amount of $36,695, for a revised not-to-exceed amount of $188,477, plus $3,700 for extra services, and agreement time extension to December 31, 2025.
4. Approve budget appropriation in the amount of $67,825 from A/C #183-0000- 311-1000 (Street/Transportation Grants Fund Balance) to A/C #183-5310-631- 8300 (CI 5655, Erbes Road Flood Mitigation Project).
5. Authorize expenditure in the amount of $736,040 ($600,545 construction contract; $60,100 construction contingency; $36,695 third amendment for construction phase support services; $3,700 for extra services; and $35,000 for material testing and inspection (future task order); as follows: $124,645 from A/C #001-5310-631-8300 (CI 5655, Erbes Road Flood Mitigation Project); $611,395 from A/C #183-5310-631-8300 (CI 5655, Erbes Road Flood Mitigation Project).
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 15303(d).
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LEVINE ACT ITEM: Yes
FINANCIAL IMPACT:
$67,825 Increase to Adopted FY 2024-25 Federal/State Grant Fund Budget, fully offset by transfer from unspent Federal Emergency Management Agency (FEMA)/California Governor's Office of Emergency Services (Cal OES) credit from the Drake Drive Flood Mitigation Project. $242,648 in carryover budget in FY 2024-25 General Fund Budget, and $543,570 in carryover budget in FY 2024-25 Federal/State Grant Fund Budget for a total remaining available project budget of $786,218. The overall estimated total project cost, including past budget encumbrances already expended is $892,822.
BACKGROUND:
During the 2018 Woolsey fire, areas along Erbes Road from Marview Drive to El Monte Drive (Attachment #1) were burned. Due to the succession of rain events following the fires, this location was inundated with stormwater, debris, and sediment which eroded from the hillside and spilled onto the roadway. This key arterial roadway became impassable and required extensive debris removal.
In 2019, the City submitted a Hazard Mitigation Grant Program (HMGP) application to Cal-OES for the Erbes Road Flood Mitigation Project (CI 5655). The City was awarded $647,250 in HMGP funds, including $262,898 in FEMA/Cal OES Credit funding for the Erbes Road Project. The FEMA/Cal OES Credit is the disbursement of Woolsey Fire Settlement Fund money for the City’s fire damage claim that was resolved with FEMA/Cal OES. The HMGP Grant requires a match of 25 percent in City funds.
In January 2023, City Council approved a Professional Services Agreement with NextGen of Tucson, Arizona for the design and engineering of the project in the amount of $138,240 plus $13,860 for Extra Services. Two amendments were previously approved with NextGen. In January 2024, the City Manager, using the previously approved Extra Services budget, approved the First Amendment in the amount of $13,542 for additional design and engineering services associated with the retaining walls and storm drain inlets. The Second Amendment provided for a no-cost time extension of the contract. NextGen completed the plans, specifications, and cost estimate in early June 2024.
DISCUSSION/ANALYSIS:
The proposed improvements consist of new retaining walls and concrete v-gutters to convey runoff into the existing catch basins located at the bottom of two large watershed basins. The improvements will help minimize erosion, capture sediment Erbes Road Flood Mitigation Project (CI 5655)
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and debris flow, and help reduce mud and runoff from blocking this arterial roadway in the future (Attachment #2).
Construction Contract
On May 21, 2024, City Council authorized staff to advertise the Erbes Road Flood Mitigation Project (CI 5655) for construction bids. The Notice Inviting Bids (NIB) was published in the Thousand Oaks Acorn newspaper on June 14, 2024, 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 857 vendors were notified of the NIB, and 60 downloaded the NIB. On July 24, 2024, three construction bids were received for the project and publicly opened as follows:
Bidder Bid
1. Beador Construction Company, Inc. (Costa Mesa, CA) $587,324
2. FS Construction, Inc. (Sylmar, CA) $600,545
3. Toro Enterprises, Inc. (Oxnard, CA) * $641,913 * * Toro’s original bid of $641,913.00 was corrected per the actual unit price of the bid items to an updated total of $1,877,333.
The apparent low bidder was Beador Construction, Inc, with a bid of $587,324; however, their bid was determined to be non-responsive. Upon detailed review of their bid, staff determined they did not perform good faith efforts and outreach to Disadvantaged Businesses. This is a Federal requirement for the HMGP Grant if the prime contractor uses subcontractors.
The second apparent lowest bid package submitted by FSC was $600,545, which is lower than the engineer’s estimate of $647,000. The bid package submitted by FSC has been reviewed and found to be in order, and the bid protest period has elapsed, and no formal protest has been received. FSC has satisfactorily completed similar projects for the City and other cities, and their references were verified.
Staff recommends the award of the construction contract to FSC in the amount of $600,545 for the base bid schedule. The additive bid schedule for a third smaller basin is not recommended for award due to the lack of sufficient available project funding.
Engineering Support During Construction
NextGen is the engineer of record on the project, and this proposed Third Amendment (Attachment #3) will provide for engineering support services during construction, including pre-construction and progress meetings, reviewing and responding to the contractor’s requests for information, reviewing material submittals, revising plans, assisting City staff in change order reviews, and preparing record drawings upon final completion of construction. Providing Erbes Road Flood Mitigation Project (CI 5655)
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engineering support services during construction was part of the qualification- based selection process outlined in the original Request for Proposals (RFP).
Staff recommends approval of the Third Amendment to Contract No. 13170-2023 with NextGen for $36,695, for a revised not-to-exceed amount of $188,477, plus Extra Services of $3,700, and a contract time extension to December 31, 2025. The cost summary for the NextGen Design/Engineering Agreement is as follows:
ACTION BUDGET
Original Contract (previously approved) $ 138,240 Original Extra Services (previously approved) $ 13,860 First Amendment (previously approved)
(using $13,542 of original extra services authorized) - Second Amendment (previously approved)
(time extension only) -
Third Amendment ($36,695 – this action):
(using $318 of remaining extra services)
(additional budget of $36,377 – this action) $ 36,377 Additional Extra Services (this action) $ 3,700 TOTAL $ 192,177
The total project estimated costs and summary of the various funding sources are as follows:
OVERALL PROJECT COST AND FUNDING SUMMARY
Phase/Scope Fund 001 Fund 183 Total
Original Design
(previously approved) $ 34,560 $ 103,680 $ 138,240 Amendments
(previously approved) $ 13,542 $ 0 $ 13,542 City Furnished
(previously approved) $ 5,000 $ 0 $ 5,000 Total Expenditure (previously approved) $ 53,102 $ 103,680 $ 156,782 Design Support (Third Amendment)
(this action) $ 9,174 $ 27,521 $ 36,695 Design Support Extra Services
(this action) $ 3,700 $ 0 $ 3,700 Construction Contract
(this action) $ 82,311 $ 518,234 $ 600,545
Construction Contingency
(this action) $ 15,025 $ 45,075 $ 60,100 Construction Material Testing
(Future Task Order) $ 14,435 $ 20,565 $ 35,000 Total Expenditure (this action) $ 124,645 $ 611,395 $ 736,040 TOTAL PROJECT COST $ 177,747 $ 715,075 $ 892,822
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The project budget includes the transfer of $67,824.89 in unspent FEMA/Cal OES grant fund credits from the Drake Drive Flood Mitigation (Drake) Project. Under the terms of the settlement agreement, the City is entitled to retain the excess credit from the Drake Project and transfer it to the Erbes Road Flood Mitigation Project.
The total estimated project cost, including the design and construction phases, is $892,822. With the requested budget appropriation and the available funding in the Adopted FY 2024-25 CIP Budget, sufficient funds are available to cover the costs associated with the award of the third amendment and the construction contract.
The project design, plans, and specifications are available for review upon request by the Public Works Department by e-mail at [email protected] or by phone at (805) 449-2400.
The tentative schedule for completion of the project is as follows:
PROJECT TIMELINE
Start of Construction September 2024
Construction Completion Winter 2025
Grant Closeout June 22, 2025
The project is categorically exempt from CEQA per section 15303(d) (Small facility or structure that would serve as a utility extension and street improvement with the purpose of mitigating flooding onto Erbes Road).
Community Outreach:
Staff has developed and implemented a public outreach plan for the project.
Dedicated project websites have been created where updated project information will continue to be provided throughout the construction phase of the project to inform the public and receive feedback. The website is
www.toaks.co/erbesfloodmitigation 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 Priority #7, “Public Works and Infrastructure Investments”.
CIP PROJECT PRIORITY (as outlined in FY 2023-24 & FY 2024-25 CIP Program Budget)
Priority Two – Necessary, but not essential, and there could be consequences of deferred.
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LEVINE ACT (California Government Code § 84308):
This item is subject to the Levine Act. City Councilmembers who have received a campaign contribution of more than $250 (aggregated) within the preceding 12 months from a party or their agent/representative or a financially-interested participant involved in this proceeding may do either of the following: (1) disclose the contribution on the record and recuse themselves from this proceeding; or if applicable (2) return the portion of the contribution that exceeds $250 within 30 days from the time the official knew or should have known about the contribution, and participate in the proceeding.
All parties and their agents/representatives must disclose on the record of this proceeding any aggregated contribution of more than $250 made to any Councilmember within the preceding 12 months. Councilmembers are prohibited from accepting, soliciting, or directing a campaign contribution of more than $250 (aggregated) from a party, their agent/representative, or a financially-interested participant during a proceeding and for 12 months following the date a final decision is made. In addition, a party, their agent/representative, or a financially interested participant is prohibited from contributing more than $250 (aggregated) to a Councilmember during a proceeding and for 12 months following the date a final decision is made. The Levine Act disclosure form for NextGen has been completed.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goal:
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: Clark Stanphill, Engineering Assistant
Attachments:
Attachment #1 – Vicinity and Location Maps
Attachment #2 – Erbes Road Flood Mitigation Concept Plan Attachment #3 – Third Amendment to Nextgen Engineering Contract No. 13170-2023
Documents Provided Under Separate Cover:
#1 – Project Plans, Specifications and Addendum No. 1
DPW: 850-20\ev\Council\2024\082724\CI 5655\Erbes Road Flood Mitigation Project staff report.docx