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HomeMy WebLinkAboutItem 5h. Authorization to award a Silt Removal Project 2026, Specification 2000198-04Gt� Y O.o CouncilAgenda • • CIS � Department: Public Works Cost Center: 5301 For Agenda of: 8/4/2026 Placement: Consent Estimated Time: N/A FROM: Aaron Floyd, Public Works & Utilities Director Prepared By: Anthony Ramos, Senior Civil Engineer Item 5h SUBJECT: AUTHORIZATION TO AWARD SILT REMOVAL PROJECT 2026, SPECIFICATION 2000198-04 RECOMMENDATION 1. Approve the protect plans and special provisions for the Silt Removal 2026 project, Specification 2000198-04; and, 2. Award a construction contract (Attachment A) to Andrew Brown General Engineering Inc. in the amount of $218,897 for the Silt Removal 2026 project, Specification 2000198-04; and, 3. Authorize the City Engineer to issue Contract Change Orders up to the available project budget (Account 2000198), and up to any amended budget subsequently approved by the City Manager per City Purchasing Policy approval thresholds; and, 4. Find this action consistent with the Final Programmatic Environmental Impact Statement/Environmental Impact Report (EIS/R), dated October 9, 2003, as certified by City Council through Resolution No. 9494 POLICY CONTEXT On May 17, 2022, Council approved a Purchasing Policy Update to the Financial Management Manual (Resolution No. 11328), requiring Council authorization to award Public Works contracts exceeding $200,000. This routine maintenance work is supported by the San Luis Obispo County Zone 9 Flood Control and Water Conservation District, Zone 9 Advisory Committee and is funded through annual budget allocations from the County, as described by the City/County Zone 9 Reimbursement Agreement. Furthermore, this annual effort implements recommendations of the Waterway Management Plan, Volume II, Stream Management and Maintenance Program, which was adopted by the City and County in 2003. DISCUSSION Background During rain events, stormwater carries silt and other fine materials into creeks which then create silt deposits at points where flow velocity decreases. Over time, the accumulation Page 111 of 1059 Item 5h of these silt deposits reduces the creeks' overall capacity to convey flow, resulting in a higher risk of localized flooding in severe storm events. That risk can be mitigated through regular removal of build-up, silt, and debris. This silt removal project will remove accumulated silt at critical points in the City's creek system, as part of an annual maintenance effort to remove debris, sediment, and flow restrictive vegetation in advance of winter weather. As the work occurs within an active creek environment, the project is regulated by the Regional Water Quality Control Board, California Department of Fish and Wildlife, and the U.S. Army Corps of Engineers. Construction must occur between June 15 and October 1 to comply with environmental permits and minimize potential impacts to wildlife and water quality. The City is also pursuing a separate Capital Improvement Project to dredge Laguna Lake. While this annual Silt Removal Project is covered under the City's existing routine maintenance regulatory approvals, including Nationwide Permits and associated programmatic authorizations, the Laguna Lake Dredging project requires separate environmental permits because of its scope. The permitting process for the dredging project has been initiated and is being coordinated independently, allowing this annual maintenance project to proceed under its existing environmental approvals. Project The project was bid using a Base Bid and three Additive Alternates to provide a better understanding of project costs and allow the maximum amount of silt removal to be completed within the available project budget. These locations were selected based on site visits, observed sediment accumulation, and the time elapsed since sediment was last removed at each location. This year's project will address up to four of the following sites: Tank Farm at Hollyhock (Base Bid) This site is located on a tributary of the east fork of San Luis Obispo creek as it passes under Tank Farm Road at the junction with Hollyhock Road. The project proposes to remove accumulated sediment from beneath the bridge and immediately downstream to the natural level of the creek bed upstream. In addition, a knoll with trees on it will be removed to reduce sediment accumulation. Removing the sediment, knoll, and trees from this location reduces the potential for flooding during severe storms that poses a significant threat to the safety of residents and property in the immediate area. Prefumo at Madonna Phase II Sediment Removal (Additive Alternate #1 ) This site is located downstream of Madonna Road Bridge with the nearest physical address adjacent to 1610 Oceanaire Drive. The project proposes to remove accumulated sediment and debris that has become established with vegetation that further restricts the outflow of water from Laguna Lake. Removing sediment from this location reduces the potential for flood waters inundating the surrounding neighborhood homes located at the top of the engineered channel on the west bank. Page 112 of 1059 Item 5h SLO Creek at LOVR (Additive Alternate #2) This site is located downstream of the City's Wastewater Reclamation Facility immediately under Los Osos Valley Road in the east barrel. This project proposes to remove accumulated sediment from the easterly barrel to provide more capacity for San Luis Obispo Creek. Removing the sediment reduces the potential for water backing up and potentially flooding the downtown area during larger storms. Larkspur at Goldenrod (Additive Alternate #3) This site is located on Islay Creek as it passes under Larkspur Street at the junction with Goldenrod Lane in a residential neighborhood. The project proposes to remove accumulated sediment from beneath the bridge and immediately upstream and downstream. In addition, several trees will be removed to reduce sediment accumulation. Removing sediment and trees from this location reduces the potential for flooding during larger storms that poses a significant threat to the safety of residents and property in the immediate area and the residential neighborhoods surrounding the project. PREFUMO AT MADONNA PHASE11 • LARKSPUR AT 1� LOVR (ADD. ALT. 2) GOLDENROD Vicinity Map The Silt Removal 2026 project, Specification 2000198-04, was advertised on June 4, 2026, with bids opened on July 2, 2026. As identified above, the project was advertised with a Base Bid and three Additive Alternates to maximize the scope of silt removal that can be accomplished this season, based on the available funding. Five bids were received and opened, and Andrew Brown General Engineering was the apparent low bidder with a bid of $218,897 for the total project, which was $26,103 below the Engineer's Estimate of $245,000. The proposed contract award consists of $218,897 (inclusive of base bid and all additive alternates), as the total project bid is within the Publicly Disclosed Funding amount of $350,000, as disclosed to contractors in the Notice to Bidders, in compliance with Public Contract Code Section 20103.8C. Page 113 of 1059 Item 5h The Contractor's references, license, and registration with the Department of Industrial Relations have been verified. Consequently, the contract is proposed to be awarded to Andrew Brown General Engineering as the lowest responsive and responsible bidder (Attachment A). Bid Summary Bid Total Engineer's Estimate $245,000 John Madonna Construction $339,050 Rob Reynolds Construction $334,503 R. Burke Corporation $311,700 Souza Engineering Contracting $248,244 Andrew Brown General Engineering $218,897 Previous Council or Advisory Body Action The annual silt removal projects are identified in the City's financial plans with Council approving $170,000 in Fiscal Year 2025-26 and $150,000 in Fiscal Year 2026-27 for this project as part of the 2025-27 Financial Plan for this project as reflected in the fiscal impact section. Public Engagement Public engagement was conducted during planning associated with the 2025-27 Financial Plan as well as through the Zone 9 Advisory Committee meeting where annual silt removal budget allocations are recommended and discussed. As this is an annual project, similar outreach efforts have been carried out in previous financial plans as well. To ensure direct communication with the community, affected residents within the limits of work will be notified of upcoming construction via door hangers. These notices, designed in accordance with City standards, will be distributed to all properties adjacent to the work area and will clearly outline the project's start and end dates. Additionally, in areas where parking must be restricted, "No Parking" signs will be clearly posted at least 24 hours in advance of the work. Community impacts are expected to be minimal and short-term. Nearby residents may notice construction equipment operating in the creek corridor, minor noise, and temporary restrictions to portions nearby trails or creek banks during work. Community benefits include reducing the risk of localized flooding, supporting neighborhood protection, and contributing to the City's overall creek maintenance efforts. CONCURRENCE The project has been reviewed and has concurrence from the Public Works Branch and the City Administration's Office of Sustainability and Natural Resources. Page 114 of 1059 Item 5h ENVIRONMENTAL REVIEW The project consists of minor annual sediment removal activities that are classified as Category 2 activities under the City of San Luis Obispo Creek Waterway Management Program (WMP). The WMP was evaluated through a Programmatic Environmental Impact Statement/Environmental Impact Report (EIS/R), including the Draft Programmatic EIS/R circulated for public review and the Final Programmatic EIS/R dated October 9, 2003. The Final Programmatic EIS/R was certified by the City Council on October 21, 2003, through Resolution No. 9494. The Programmatic EIS/R provides environmental clearance for Category 2 routine maintenance activities. The proposed sediment removal activities are within the scope of the Programmatic EIS/R incorporated in the project contract documents and will be implemented in accordance with WMP standards, mitigation measures, and best management practices by the contractor during construction. As determined by the City Council in Resolution No. 9494, Category 2 activities will not significantly alter flooding conditions, will maintain existing channel conveyance capacity, and do not result in significant environmental impacts. Therefore, no subsequent environmental review is required under CEQA. Permits for work within the creek were also acquired as part of this project from the California Department of Fish and Wildlife, Regional Water Quality Control Board and U.S. Army Corps of Engineers. FISCAL IMPACT Budgeted: Yes Budget Year: 2026-27 Funding Identified: Yes Fiscal Analysis: The City's Silt Removal program is fully funded through Zone 9 funding administered from San Luis Obispo County. With the addition of the $150,000 allocated in the financial plan for Fiscal Year 26-27 and remaining balances from prior fiscal years, there is currently an available balance of $450,920.91 in the Zone 9 Silt Removal Account (2000198). The current available balance is sufficient to fund the project. Current Remaining Annual Funding Total Budget Funding Balance Ongoing Sources Available Request Cost General Fund $19.39 $19.39 $0 $0 (Capital Outlay) -2000198 General Fund $450,901.52 $255,377.61 $195,523.91 $0 (Regional Grant 1) - 200198 Total $450,920.91 $255,397 $195,523.91 $0 Page 115 of 1059 Item 5h ESTIMATED PROJECT COST BY FUNDING SOURCES 'Silt Removal 2026, Specification No. 2000198-04 Zone 9 Silt Removal 2000198-04 Project Total Costs 401Fund Base Bid $44,061 $44,061 Additive Alternate 1 Bid $59,152 $59,152 Additive Alternate 2 Bid $47,541 $47,541 Additive Alternate 3 Bid $68,143 $68,143 Total Project Bid $218,897 $218,897 Construction Contingency (15%) $33,000 $33,000 Total Construction Estimate $251,897 $251,897 Permitting Fees $3,000 $3,000 Printing: $500 $500 Total Project Cost $255,397 $255,397 Current Project Balance $450,920.91 Post Project Balance $195,523.91 Publicly Disclosed Funding Amount $350,000 Remaining funding within the account will be utilized for surveying, design, and environmental services for the next round of silt removal work in summer/fall 2027. ALTERNATIVES 1. Deny authorization to award — The City Council could choose to not award the Silt Removal 2026 project. This alternative could result in increased sediment accumulating in the channel that can lead to flooding of the creek. 2. Scope reduction - Award Base Bid Only, or Base Bid + Additive Alternate 1, or Base Bid + Additive Alternate 1 + Additive Alternate 2 — The City Council could choose to award any of the options listed above, each of which would reduce the overall project cost. However, reducing the project scope would allow sediment to continue accumulating within the channel at locations excluded from the contract, increasing the potential for localized flooding. Additionally, all required permits have already been obtained for the full project. Any locations omitted from the current contract would require new permitting efforts before future work could proceed, resulting in additional time and cost. ATTACHMENTS A - Draft Construction Contract, Specification No. 2000198-04 Page 116 of 1059 AGREEMENT THIS AGREEMENT, made on , by and between the City of San Luis Obispo, a municipal corporation and charter city, San Luis Obispo County, California (hereinafter called the City) and ANDREW BROWN GENERAL ENGINEERING, INC. (hereinafter called the Contractor). WITNESSETH: That the City and the Contractor for the consideration stated herein agree as follows: ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be performed, shall provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required to complete all the work of construction of SILT REMOVAL 2026, SPECIFICATION NO. 2000198-04 in strict compliance with the plans and specifications therefor, including any and all Addenda, adopted by the City, in strict compliance with the Contract Documents hereinafter enumerated. It is agreed that said labor, materials, tools, equipment, and services shall be furnished and said work performed and completed under the direction and supervision and subject to the approval of the City or its authorized representatives. ARTICLE II, CONTRACT PRICE: The City shall pay the Contractor as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in the Contract Documents, the contract prices as follows: Item Item Unit of Estimated Item Price Total No. SS(,) Description Measure Quantity in fi ures in figures) 1 5,14 AREA 1— COMPLY WITH LS 1 $2,177.00 $2,177.00 PERMITS AND CEQA 2 13 AREA 1 - EROSION CONTROL LS 1 MEASURES $2,894.00 $2,894.00 3* 19 AREA 1 -SILT REMO AL CY 150 $145.00 $21,750.00 4 7,12 AREA 1 - TRAFFIC CONTROL LS 1 $9,480.00 $9,480.00 5 20, AREA 1 - TREE REMO AL EA 5 $547.00 $2,735.00 6 13 AREA 1 - DEWATERING LS 1 $2,189.00 $2,189.00 7 AREA 1 - CONSTRUCT AND LS 1 REMO E TEMPORARY BERM $2,836.00 $2,836.00 2-1 5, 14 AREA 2 - CO LY WITH LS 1 PERMITS AND CEQA $2,177.00 $2,177.00 Page 117 of 1059 Item Item Unit of Estimated Item Price Total No. SS(1) Description Measure Quantity in fi ures in figures) 2-2 13 AREA 2 - EROSION CONTROL LS 1 MEASURES $3,217.00 $3,217.00 2-3* 19 AREA 2 - SILT REMOVAL CY 190 $179.00 $34,010.00 2-4 7,12 AREA 2 - TRAFFIC CONTROL LS 1 $4,575.00 $4,575.00 2-5 20, AREA 2 - TREE TRIMMING EA 2 77 BRANCH REMOVAL $467.00 $934.00 2-6 17 VEGETATION REMOVAL LS 1 CLEAR AND GRUB $9 733.00 $9,733.00 2-7 13 AREA 2 - DEWATERING LS 1 $3,549.00 $3,549.00 2-8 AREA 2 - REMOVE AND LS 1 REPLACE E ROCKS $957.00 $957.00 3-1 5, 14 AREA 3 - COMPLY WITH LS 1 PERMITS AND CEQA $2,177.00 $2,177.00 3-2 13 AREA 3 - EROSION CONTROL LS 1 MEASURES $3,528.00 $3,528.00 3-3* 19 AREA 3 - SILT REMOVAL CY 400 $84.00 $33,600.00 3-4 7,12 AREA 3 - TRAFFIC CONTROL LS 1 $4,575.00 $4,575.00 3-5 20, AREA 3 - TREE REMOVAL EA $523.00 $3,661.00 4-1 5, 14 AREA 3 - COMPLY WITH LS 1 $ $ PERMITS AND CEQA 2,177.00 2,177.00 4-2 13 AREA 3 - EROSION CONTROL LS 1 MEASURES $3,528.00 $3,528.00 4-3* 19 AREA 3 - SILT REMOVAL CY 150 $290.00 $43,500.00 4-4 7,12 AREA 3 - TRAFFIC CONTROL LS 1 $7,266.00 $7,266.00 4-5 20, AREA 3 - TREE REMOVAL EA 11 $400.00 $4,400.00 4-6 13 AREA 3 - DEWATERING LS 1 $3,549.00 $3,549.00 4-7 77 POTHOLING EA 3 $1,241.00 $3,723.00 (1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required work. * Bid item exempt from Section 9-1.06B and 9-1.06C of the Standard Specifications. The unit price will not be adjusted regardless of the final bid item quantity. BID TOTAL: $218,897.00 Payments are to be made to the Contractor in compliance with and subject to the provisions embodied in the documents made a part of this Contract. If any dispute arises regarding the work or contract price, Contractor must follow the procedures in the contract documents, including the requirements on change order requests and dispute resolution. ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the following documents, all of which are as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached: Page 118 of 1059 1. Notice to Bidders and Information for Bidders 2. Standard Specifications and Engineering Standards 3. Special Provisions, any Addenda, Plans and Contract Change Orders 4. Caltrans Standard Specifications and Standard Plans 2024 5. Accepted Bid and Bid Bond 6. List of Subcontractors 7. Labor Code Section 1725.5 Statements 8. Bidder Acknowledgements 9. Qualifications 10. Noncollusion Declaration 11. Agreement and Bonds 12. Insurance Requirements and Forms ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with the acts or omissions of Contractor, its employees, subcontractors, representatives, or agents, in bidding or performing the work or in failing to comply with any obligation of Contractor under this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both the City and the Contractor, or should the City otherwise find the Contractor's legal counsel unacceptable, then the Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor's acts or omissions in bidding or performing the work or in failing to comply with any obligation of Contractor under this Agreement. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. The Contractor obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of the City under any provision of this agreement, the Contractor shall not be required to indemnify and hold harmless the City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the City is shown to have been actively negligent and where the City's active negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City. Page 119 of 1059 ARTICLE V: It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said bid conflicting herewith. ARTICLE VI LABOR CODE COMPLIANCE: This Agreement is subject to all applicable requirements of Chapter 1 of Part 7 of Division 2 of the Labor Code, including requirements pertaining to wages, working hours and workers' compensation insurance, as further specified in the contract documents. The project is subject to the prevailing wage requirements applicable to the locality in which the work is to be performed for each craft, classification or type of worker needed to perform the work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes. Copies of these prevailing rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR. City may not enter into the Agreement with a bidder without proof that the bidder and its subcontractors are registered with the DIR to perform public work pursuant to Labor Code section 1725.5, subject to limited legal exceptions. Pursuant to Labor Code § 1861, by signing this Agreement, Contractor certifies as follows: "I am aware of the provisions of Labor Code § 3700 which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work on this contract." IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this year and date first above written. APPROVED AS TO FORM CONTRACTOR: ANDREW BROWN GENERAL ENGINEERING, INC J. Christine Dietrick Andrew W. Brown City Attorney President CITY OF SAN LUIS OBISPO A Municipal Corporation Whitney McDonald, City Manager Page 120 of 1059