TO:Andrew P. Powers, City Manager
FROM:Clifford G. Finley, Public Works Director
DATE:September 24, 2024
SUBJECT: First Amendment to Cross Connection Services Agreement RECOMMENDATION:
1. Approve First Amendment to Contract No. 13520-2023 with F.L.C. Inc., dba Accurate Backflow Testing and Valve Repair (Accurate), of Van Nuys, CA, to add $25,000 with a new total not-to-exceed amount of $100,000 and adjust the term of the contract to expire on December 31, 2024.
2. Authorize staff to waive formal Request for Proposal/Qualifications (RFP/Q) process and amend the agreement to allow a not-to-exceed amount above the $75,000 informal solicitation threshold, pursuant to Thousand Oaks Municipal Code (TOMC) Section 3-10.501.
3. Authorize additional expenditure in the amount of $25,000 in FY 2024-25 from A/C #001-5630-632-5612 [Contracted Services (Private) / Backflow] and A/C #142-5630-632-5612 [Contracted Services (Private) / Backflow] as available.
4. Find that this action is not a project as defined under the California Environmental Quality Act.
LEVINE ACT ITEM: Yes
FINANCIAL IMPACT:
No Additional Funding Requested. $25,000 for contracted backflow services is included in the Adopted FY 2024-25 General Fund and Lighting and Landscape Fund Budgets. Additional budget for a new formally solicited contract will be requested at a future date.
BACKGROUND:
The California State Water Resources Control Board (SWRCB) establishes guidelines and regulations for testing cross-connection control devices, also
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known as backflow devices or backflow prevention assemblies. These devices are crucial for preventing the unintentional reversal of flow from a non-potable source into the public water supply during certain changes in process conditions. The devices are designed to prevent potential contamination of the drinking water supply and are required to be placed in various situations and plumbing configurations where the potential for backflow and cross-contamination exists.
All backflow prevention assemblies must be tested annually to ensure they function properly. If a device fails annual testing or requires service, immediate repairs are necessary to restore the device to its original specifications and maintain effective backflow prevention. The Public Works Department's Landscape Division currently manages the annual testing and repair of 434 City-owned backflow prevention assemblies, most of which are related to landscaping. All devices are tested each year, and the City typically repairs or replaces about 15 percent annually to ensure they remain functional and compliant. The testing and repair of backflow prevention assemblies has been a combined and coordinated effort using both City staff resources and contractors.
On November 16, 2023, staff issued an informal Request for Quotes (RFQ) for backflow testing and repair services of City-owned devices. From this effort, three quotes were received. Accurate was selected for a two-year contract with a not-to- exceed total of $75,000 based on providing the best value at the lowest total cost.
DISCUSSION/ANALYSIS:
Until recently, certain City staff members held and maintained the certification required to test and repair backflow devices outside of their regular duties. These staff members were assigned to handle certain devices based on operational priorities. The contracted services were initially intended to be utilized for the remaining work. Over the past year, staff who hold this voluntary certification have chosen not to re-certify, which has led the Division to rely solely on contracted services to complete this work.
The original $75,000 not-to-exceed amount for contracted assistance over two years was sufficient in previous years when utilized as a supplement but is now inadequate due to increased demand for the contracted services. As a result, staff is requesting to amend the contract with Accurate to a one-year agreement expiring on December 31, 2024, allowing them to complete the 2024 testing year.
The additional requested $25,000 is needed to cover potential work through calendar year-end. Staff will publish a formal solicitation for a new contract to begin in January 2025, which will better align with the City’s needs.
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As the total not-to-exceed amount will exceed the informal solicitation threshold of $75,000, a waiver of this limit by City Council is required. TOMC Section 3-10.501, provides authority for City Council to waive a standard RFP/Q process under certain circumstances. Staff is requesting City Council to waive the City’s formal RFP/Q requirements and approve the First Amendment to Contract No. 13520- 2023 (Attachment #1) in the amount of $25,000, increasing the total not-to-exceed amount to $100,000. The action will ensure regulatory compliance and allow the current service provider to complete necessary repairs
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.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goal:
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.
PREPARED BY: David Chavez, Landscape Maintenance Supervisor Attachments:
Attachment #1 – First Amendment to Contract No. 13520-2023 DPW: 821-20\ev\Council\2024\092424\First Amendment Cross Connections Agreement staff report.docx