TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:September 10, 2024
SUBJECT: Roadway Fence Replacement Project (CI 5435)
RECOMMENDATION:
1. Approve the project design, plans, and specifications for the construction of the Roadway Fence Replacement Project (CI 5435).
2. Reject Guy Construction bid protest appeal dated August 8, 2024.
3. Award construction contract to Blackpointe Group Construction and Management, Inc. (Blackpointe) (Moorpark, CA), in the amount of $213,505, plus a contingency of $21,000.
4. Authorize expenditure in the amount of $237,505 ($213,505 construction contract; $21,000 construction contingency; and $3,000 for City furnished materials and supplies) from A/C #142-5630-632-8300 Roadway Fence Replacement Project (CI 5435).
5. 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 approved contingency amount.
6. Find that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15302.
LEVINE ACT ITEM: No
FINANCIAL IMPACT:
No Additional Funding Requested. $500,000 carryover budget is available in the FY 2024-25 Landscape Fund Capital Budget. The estimated total project cost is $237,505.
Roadway Fence Replacement Project (CI 5435)
September 10, 2024
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BACKGROUND:
On January 14, 2021, a fast-moving wildfire burned areas of the City near the Sunset Hills neighborhood east of the 23 Freeway. Driven by strong Santa Ana winds, the fire quickly consumed approximately 250 acres of natural open space along both sides of Erbes Road. While no structures were damaged, approximately 1,100 feet of the City’s vinyl, split-rail fence located along the west side of Erbes Road between McCrea Road and the 23 Freeway overpass was destroyed (Attachment #1). Due to the fire’s relatively small size and limited overall damage, a State of Emergency was not declared. Therefore, neither the Federal Emergency Management Agency nor the California Office of Emergency Services funding is available to help offset replacement costs.
The fence was originally constructed in the early 1980s by the developer of the Sunset Hills tract as a condition of development. The fence serves various purposes: it enhances the aesthetic appeal along the roadway, prevents off-road vehicles from entering adjacent open space, and encourages pedestrians to stay on the sidewalk and not enter the adjacent open space where there are no designated hiking trails. The destroyed sections of the fence have not yet been replaced. As a precautionary measure, staff has positioned warning signs in these areas to alert drivers and pedestrians about the change in the conditions. The portions of the fence not damaged by the fire are deteriorating and in disrepair due to overall age and weathering and also require replacement.
During the development of the FY 2023-2025 Capital Improvement Program (CIP) Budget, $500,000 was budgeted for the Roadway Fence Replacements (CI 5435) to facilitate fence replacements at various locations throughout the City. In the past, the City and Conejo Open Space Conservation Agency (COSCA) have used both standard wood and woodcrete materials to construct and repair split-rail fencing adjacent to open space. Woodcrete material is constructed out of concrete, designed to resemble wood. Staff has utilized the woodcrete material in areas throughout the City in the past due to its durability; however, using woodcrete has become challenging due to limited availability and rising costs. Staff recently received a $1,000,000 estimate for 3,500 feet of woodcrete fencing, including materials and installation.
Based on the high costs and limited availability, and the fact that other sections of Erbes Road in the area of this project do not feature woodcrete, COSCA and City staff have agreed to use standard wood fencing for this project. This will be consistent with many other areas in the City that feature wood split-rail fencing when adjacent to open space.
Roadway Fence Replacement Project (CI 5435)
September 10, 2024
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This project will replace the fire-damaged and deteriorated sections of the existing vinyl fence (approximately 3,500 feet) with a new wood fence that meets the City's building standards for split-rail wood fencing. The project limits are within Landscape Zone 25 of the City’s Landscape District.
Staff completed the project plans and specifications with in-house resources in May 2024. The project plans and specifications are available for review upon request to the Public Works Department by e-mail at [email protected] or by phone at (805) 449-2400.
DISCUSSION/ANALYSIS:
On May 21, 2024, City Council authorized staff to advertise the project for bid. The Notice Inviting Bids was published on June 14, 2024, per the Public Contract Code Section 22037 and Thousand Oaks Municipal Code 3-10.306. Six bids were received and publicly opened on July 17, 2024. The bid results are as follows:
Bidder Bid
Blackpointe Group Construction & Management Inc
(Moorpark, CA)
$213,505
Guy Construction (Agoura Hills, CA) $242,875
C&W Construction Specialties, Inc (Ventura, CA) $303,030 Dash Construction, Inc. (Woodland Hills, CA) $307,500
Alcorn Fence Company (Duarte, CA) $314,525
D. John Roser, Inc. (Westlake Village, CA) $464,000
The lowest bid from Blackpointe in the amount of $213,505 is lower than the engineer’s estimate of $330,000. The bid package submitted by Blackpointe has been reviewed and found to be in order.
On July 30, 2024, a bid protest was filed by Guy Construction (Agoura Hills, CA), requesting the City’s rejection of Blackpointe’s bid. Guy Construction claimed the bid was non-responsive based on not having a valid registration with the California Department of Industrial Relations (DIR) at the time of bid submission (Attachment #2). A valid DIR registration is a requirement under the Public Contract Code and of the contract documents for the project; however, per City specifications, the bidders are allowed three days following the bid opening date to provide proof of such registration. Blackpointe included their DIR registration number with the bid package and provided proof of their registration within the required timeframe.
Subsequently, on August 1, 2024, the Public Works Director, under delegated authority from the City Manager, rejected Guy Construction‘s bid protest (Attachment #3).
Roadway Fence Replacement Project (CI 5435)
September 10, 2024
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On August 8, 2024, Guy Construction submitted an appeal of the City’s rejection of their bid protest (Attachment #4). This appeal failed to provide any valid reasoning or additional information that would be grounds for upholding the protest and rendering Blackpointe’s bid as non-responsive. Staff, therefore, recommends that Guy Construction’s appeal be denied and that City Council award the construction contract to Blackpointe.
The start of construction is anticipated to be in Fall 2024, with completion of the project by Winter 2025.
The estimated project costs are as follows:
Construction Contract (this action) $213,505
Construction Contingency (this action) $ 21,000
City Furnished Material and Supplies (this action) $ 3,000 Total $237,505
The project is categorically exempt from CEQA per section 15302 (replacement/reconstruction of existing facilities).
Community Outreach: Staff has established a public outreach plan for the project, with a particular focus on the residents located adjacent to the project as well as the general public. Various communications tools and strategies, including community meetings (if needed), website updates, and social media posts, will continue to be utilized to inform the public and receive feedback. A dedicated project website has been created: www.toaks.co/erbesfence, where updated project information will continue to be provided throughout the construction phase of the project.
This project meets City Council’s Top Ten Priorities #7, “Public Works + Infrastructure Investments”.
CIP PROJECT PRIORITY (as outlined in FY 2023-24 and FY 2024-25 CIP Program Budget)
Priority Three – Nice to do and would contribute to quality of life, but not essential.
Roadway Fence Replacement Project (CI 5435)
September 10, 2024
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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: Saeed Zolfaghari, Associate Engineer
Attachments:
Attachment #1 – Vicinity and Location Maps
Attachment #2 – Bid Protest Letter from Guy Construction Attachment #3 – Bid Protest Rejection Letter to Guy Construction Attachment #4 – Bid Protest Rejection Appeal from Guy Construction Documents Provided Under Separate Cover:
#1 – Final Design, Plans and Specifications
DPW: 850-20\ev\Council\2024\09102024\CI 5435\ Roadway Fence Replacement Project staff report.docx