TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:September 10, 2024
SUBJECT: Westlake Boulevard Flood Damage Mitigation Project (CI 5590) RECOMMENDATION:
1. Approve the project design, plans, specifications, and Addendum No. 1 for the construction of the Westlake Boulevard Flood Mitigation Project (CI 5590).
2. Award construction contract for Westlake Boulevard Flood Damage Mitigation Project to Beador Construction Company, Inc. (Beador) (Costa Mesa, CA) in the amount of $1,094,700, plus a contingency of $110,000.
3. Approve Third Amendment to Professional Services Agreement (Contract No. 13168-2023) with NextGen Engineers, Inc. (NextGen) (Tucson, AZ) for engineering support services during construction of the Westlake Boulevard Flood Damage Mitigation Project (CI 5590) in the amount of $40,765, for a revised not- to-exceed amount of $228,304, plus $4,100 for extra services, and agreement time extension to December 31, 2025.
4. Authorize expenditure in the amount of $1,284,565 ($1,094,700 construction contract; $110,000 construction contingency; $40,765 third amendment for construction phase support services; $4,100 for extra services; $35,000 for material testing and inspection (future task order); as follows: $321,141 from A/C #001-5210-631-8300; $963,424 from A/C #183-5210-631-8300.
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 contingency amount.
6. Find that the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15303(d).
LEVINE ACT ITEM: Yes
Westlake Boulevard Flood Damage Mitigation Project (CI 5590) September 10, 2024
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FINANCIAL IMPACT:
No Additional Funding Requested. $415,423 in carryover budget is available in FY 2024-25 General Fund Budget, and $1,057,500 carryover budget in FY 2024- 25 in Federal/State Grant Fund Budget including $473,580 in Federal Emergency Management Agency (FEMA)/California Governor's Office of Emergency Services (Cal-OES) Credit is available, for a total available project budget of $1,472,923 for the Westlake Boulevard Flood Damage Mitigation Project (CI 5590). The estimated total project cost is $1,477,104.
BACKGROUND:
During the 2018 Woolsey Fire, areas along Westlake Boulevard at Cloverleaf Street (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 Westlake Boulevard Flood Damage Mitigation Project (CI 5590). The City was awarded $1,170,000 in HMGP funds, including $473,590 in FEMA/Cal OES Credit funding for the Westlake Boulevard Project. The FEMA/Cal- OES Credit (in Escrow Account) 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 $170,616 plus $17,100 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 $16,923 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 sediment basins, storm drain inlets, retaining walls, concrete v-gutters, and concrete storm drain pipes. The majority of these proposed improvements will be located within Conejo Open Space Conservation Agency (COSCA) property which required the City to obtain an Westlake Boulevard Flood Damage Mitigation Project (CI 5590) September 10, 2024
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easement for the construction and maintenance of the permanent storm drain facilities. The improvements will help minimize erosion, capture sediment 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 Westlake Boulevard Flood Mitigation Project (CI 5590) for construction bids. The Notice Inviting Bids (NIB) was published in the Thousand Oaks Acorn newspaper on June 28, 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 951 vendors were notified of the NIB, and 75 downloaded the NIB. On August 7, 2024, two construction bids were received for the project and publicly opened as follows:
Bidder Bid
1. Beador Construction Company, Inc. (Costa Mesa, CA) $1,094,700.00
2. Toro Enterprises, Inc. (Oxnard, CA) * $ 745,500.50 * * Toro’s original bid of $745,500.50 was corrected to an updated total of $609,500.50.
The apparent low bidder was Toro Enterprises, Inc., with a bid of $745,500.50.
However, after a detailed review, their bid was determined to be non-responsive.
They submitted an incomplete Bid Form and did not provide a price for Bid Item #3, Traffic Control. According to the Instructions to Bidders, bidders must provide pricing for every bid item.
The second apparent lowest bid package submitted by Beador was in the amount of $1,094,700, which is approximately two percent over the engineer’s estimate of $1,075,000. The bid package submitted by Beador has been reviewed and found to be in order. The bid protest period has elapsed with no formal protest received.
Beador 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 Beador in the amount of $1,094,700.
Engineering Support During Construction
NextGen is the engineer of record on the project. 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 engineering support services during construction was part of the qualification-based selection process outlined in the original Request For Proposals (RFP).
Westlake Boulevard Flood Damage Mitigation Project (CI 5590) September 10, 2024
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Staff recommends approval of the Third Amendment to Contract No. 13168-2023 with NextGen in the amount of $40,765, for a revised not-to-exceed amount of $228,304, plus extra services of $4,100, and a contract time extension to December 31, 2025. The cost summary for NextGen Agreement is as follows:
NEXTGEN DESIGN AGREEMENT BUDGET CONTRACT
Original Agreement (previously approved) $ 170,616 $ 170,616 Original Extra Services (previously approved) $ 17,100 - First Amendment (previously approved) - $ 16,923
Third Amendment ($40,765 – this action):
(using $177 of remaining extra services)
(additional budget of $40,588 – this action) $ 40,588 $ 177
$ 40,588
Additional Extra Services (this action) $ 4,100 TOTAL $ 232,404 $ 228,304
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) $ 42,654 $ 127,962 $ 170,616 Amendments (first)
(previously approved) $ 16,923 $ 0 $ 16,923 City Furnished
(previously approved) $ 5,000 $ 0 $ 5,000 Total Expenditure (previously
approved)
$ 64,577 $ 127,962 $ 192,539
Design Support (Third Amendment)
(this action) $ 10,191 $ 30,574 $ 40,765 Design Support Contingency
(this action) $ 1,025 $ 3,075 $ 4,100 Construction Contract
(this action) $ 273,675 $ 821,025 $ 1,094,700 Construction Contingency
(this action) $ 27,500 $ 82,500 $ 110,000 Construction Material Testing
(future Task Order)
$ 8,750 $ 26,250 $ 35,000
Total Expenditure (this action) $ 321,141 $ 963,424 $ 1,284,565 TOTAL PROJECT COST $ 385,718 $ 1,091,386 $ 1,477,104 Westlake Boulevard Flood Damage Mitigation Project (CI 5590) September 10, 2024
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The total estimated project cost, including design and construction phases, is $1,477,104. There is sufficient available funding in the Adopted FY 2024-25 CIP Budget 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 by request to 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/October 2024
Construction Completion Spring 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 Westlake Boulevard).
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
www.toaks.co/wlfloodmitigation 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 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.
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 Westlake Boulevard Flood Damage Mitigation Project (CI 5590) September 10, 2024
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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.
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 – Westlake Boulevard Flood Damage Mitigation Concept Plan
Attachment #3 – Third Amendment to Nextgen Contract No. 13168-2023 Documents Provided Under Separate Cover:
#1 – Project Plans, Specifications and Addendum No. 1
DPW: 850-20\ev\Council\2024\091024\CI 5590\Westlake Flood Damage Mitigation staff report.docx