AGENDA ITEM NO. 8.15

CITY OF ELK GROVE CITY COUNCIL STAFF REPORT

AGENDA TITLE: Adopt resolution finding that no further

environmental review is required for the Dry Wells Project (WDR019); amending the FY 2014-15 Budget and FY 2014-19 Capital Improvement Program by $96,415; authorizing the City Manager to execute a construction contract with Fox Loomis, Inc. in the amount of $108,374; and authorizing the City Engineer to approve change orders not-to-exceed $16,260

MEETING DATE: July 23, 2014

PREPARED BY: Jennifer Maxwell, CIP Service Manager Connie Nelson, Project Manager

DEPARTMENT HEAD: Richard Shepard, Public Works Director / City Engineer

RECOMMENDED ACTION: Staff recommends the City Council adopt a resolution:

1) Finding that no further environmental review is required under the California Environmental Quality Act (CEQA) for the Dry Wells Project; and

2) Amending the Fiscal Year 2014-15 Budget and Fiscal Years 2014-19 Capital Improvement Program for the Dry Wells as Low Impact Development Improvements Project (WDR019) (“Project”) to increase project funding by $96,415; and

3) Authorizing the City Manager to execute a construction contract with Fox Loomis, Inc. for the Project in the amount of $108,374; and authorizing the City Engineer to approve change orders not-to-exceed $16,260.

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Elk Grove City Council July 23, 2014 Page 2 of 5 BACKGROUND INFORMATION: The City of Elk Grove’s Storm Drain Master Plan includes the objectives of implementation of low impact development (LID) practices, groundwater recharge and improved water quality. With the assistance of and grant funding from the State Water Resources Control Board (SWRCB), this Project is a study researching whether dry wells are a cost-effective way of infiltrating stormwater runoff, alleviating localized flooding, and recharging groundwater without negatively affecting the groundwater quality. The Project will construct two dry wells with pre-treatment features at two locations, Strawberry Creek Water Quality Basin and the City’s Corporation Yard as indicated in Attachment 2. The grant requires that the dry wells be constructed this October in order to provide two years of stormwater and groundwater monitoring to analyze the effectiveness of the dry well system prior to grant expiration on May 1, 2017. BID ANALYSIS: The call for bids was advertised on June 25, 2014. The City Clerk received the following bid on Tuesday, July 8, 2014 as presented in Table 1:

Table 1 – Bids Received

Contractor Name Address Bid

Amount

1. Fox Loomis, Inc. 6901 McComber Street Sacramento, CA 95828 $108,374

The Engineer’s Estimate for construction was $71,000. After review of the bid received, staff has determined that Fox Loomis, Inc. is a responsible bidder, and they did submit a responsive bid. However, since they were the only bidder and their bid exceeded the engineer’s estimate, staff further evaluated whether a recommendation to award the contract should be made. In part, staff contacted contractors that had obtained bid packages for the project and inquired why they did not submit. Staff found that the drought has put drilling companies in high demand to construct private wells. This condition limits the availability of drilling companies to perform construction work and their desire to submit bids for new work. Staff also found that this same demand is increasing prices.

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Elk Grove City Council July 23, 2014 Page 3 of 5 After this additional review, staff believes the bid received was competitive, and rebidding the project would not likely generate more interest or less expensive bids. In addition, there is a time sensitivity to complete this work as soon as possible so testing can begin in October in order to be compliant with the requirements of the grant that is funding this project. Because of the time sensitivity and the opinion that the bid received was competitive, staff recommends awarding the Project to Fox Loomis, Inc. As specified in the construction contract, the contractor must execute and return the contract, along with other specified requirements, within ten calendar days following receipt of the Notice of Award. Construction is anticipated to begin September 2014, assuming no complications with the contract execution process. The contract allows 20 working days to complete the required work. The work is expected to be completed in October 2014. ENVIRONMENTAL REVIEW: The California Environmental Quality Act (Section 21000, et. seq. of the California Public Resources Code, hereafter CEQA) requires analysis of agency approvals of discretionary “Projects.” A “Project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.” This Project is defined as a project under CEQA. On December 14, 2011, the City Council certified an Environmental Impact Report (EIR) and adopted a Mitigation Monitoring and Reporting Program for the City’s Storm Drainage Master Plan (SCH No. 2011012035), which included the proposed dry wells and pre-treatment features (Low Impact Development). The potential environmental impacts were adequately analyzed as part of the EIR. No substantial changes are proposed to the project and there are no substantial changes in circumstances or new information that would require major revisions to the EIR. Therefore, no further environmental review is required.

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Elk Grove City Council July 23, 2014 Page 4 of 5 FISCAL IMPACT: The Fiscal Year 2014-19 Capital Improvement Program and the Fiscal Year 2014-15 Budget allocated a total of $643,585 for the Dry Wells Project (WDR019). This project is currently funded by Proposition 84 State Grant Funds (Fund 302) for $489,819 and the Drainage Fee (Fund 503) in the amount of $153,766. To date, approximately $223,000 of the project funds have been spent to perform initial test holes, initial water sampling and other activities including the preparation of the plans, specificiations and estimate (PS&E) package, grant administration and project management. Funding of $192,000 is needed to award the construction contractand provide the construction engineering. Other funding totaling $325,000 is needed to complete the two years of stormwater monitoring, testing and reporting ($72,000 contracted with cbec eco-engineering, Inc.), groundwater monitoring, testing and reporting ($213,000 contracted with Luhdorff & Scalmanini Consulting Engineering, Inc.), education and public outreach ($21,000 contracted with cbec eco-engineering, Inc.) and project administration ($19,000 contracted with Willdan) to fulfill the requirements of the grant. The final project cost is now estimated to be $740,000 as shown in Table 2.

Table 2 – Total Estimated Project Costs for the Dry Wells Project

Capital Costs

Revised Estimated

Budget Design and Baseline Water Quality Testing $223,000 Environmental $0 Right-of-Way $0 Construction Engineering $ 67,366 Construction Contract with Contingency $124,634 Other (Research Monitoring, Testing and Reporting, Education and Public Outreach) $325,000 Total Costs $740,000

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Elk Grove City Council July 23, 2014 Page 5 of 5 Additional funding for the Project in the amount of $96,415 is necessary to complete the Project. It is proposed that additional funds be allocated from the City’s Drainage Fee (Fund 503) and the approporiate budget amendments are included in the resolution. ATTACHMENTS:

1. Resolution 2. Project Location Map

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ATTACHMENT 1

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE FINDING THAT NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT FOR THE DRY WELLS AS LOW IMPACT DEVELOPMENT IMPROVEMENTS PROJECT (WDR019); AMENDING THE FY 2014-15 BUDGET AND FY 2014-19 CAPITAL

IMPROVEMENT PROGRAM BY $96,415; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSTRUCTION CONTRACT WITH FOX LOOMIS, INC. IN THE

AMOUNT OF $108,374; AND AUTHORIZING THE CITY ENGINEER TO APPROVE CHANGE ORDERS NOT-TO-EXCEED $16,260

WHEREAS, pursuant to the City of Elk Grove’s (City) Storm Drain Master Plan,

the City performs various system upgrades and replacement projects to maintain and enhance the aesthetics of the City’s infrastructure; and

WHEREAS, the Dry Wells as Low Impact Development Improvements Project

(Capital Improvement Project ID No. WDR019) (Project) is included in the Storm Drain Master Plan; and

WHEREAS, the Project will construct two dry wells with pre-treatment features at two locations: Strawberry Creek Water Quality Basin and the City’s Corporation Yard; and

WHEREAS, the Project is included in the approved 2014-19 Capital Improvement Program and is budgeted with funds in the approved Fiscal Year 2014-15 Budget; and

WHEREAS, the California Environmental Quality Act (Section 21000 et seq. of

the Public Resources Code, herein after CEQA) requires that cities consider the environmental consequences of their actions before approving a project; and

WHEREAS, the Project is a project under CEQA; and WHEREAS, on December 14, 2011, the City Council adopted Resolution

No. 2011-261, certifying an Environmental Impact Report and adopting a Mitigation Monitoring and Reporting Program for, and approving, the Storm Drainage Master Plan which includes the proposed Project (SCH No. 2011012035); and

WHEREAS, an invitation to bid was duly advertised on June 25, 2014, and bids

were opened on July 8, 2014; and WHEREAS, Fox Loomis, Inc. was determined to be the responsible bidder

submitting the lowest responsive bid.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Elk Grove hereby finds that the storm drain improvements of the Dry Wells as Low Impact Development Improvements Project are adequately covered under the Storm Drain Master Plan Environmental Impact Report pursuant to the following finding:

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Finding: The Dry Wells as Low Impact Development Improvements Project is included in the Storm Drain Master Plan Program, which was analyzed under a prior Environmental Impact Report and no further environmental review is required. Evidence: On December 14, 2011, the City Council certified an Environmental Impact Report (EIR) and adopted a Mitigation Monitoring and Reporting Program for the City’s Storm Drainage Master Plan (SCH No. 2011012035), which included the proposed dry wells and pre-treatment features (Low Impact Development). The potential environmental impacts were adequately analyzed as part of the EIR. No substantial changes are proposed to the project and there are no substantial changes in circumstances or new information that would require major revisions to the EIR. Therefore, no further environmental review is required. AND, BE IT FURTHER RESOLVED that the City Council of the City of Elk Grove hereby:

1) Amends the Fiscal Year 2014-15 Budget and Fiscal Years 2014-19 Capital Improvement Program to increase the project funding by $96,415 from the City’s Drainage Fund Line 503; and

2) Authorizes the City Manager to execute a construction contract with Fox

Loomis, Inc. for the Dry Wells as Low Impact Development Improvements Project (WDR019) in the amount of $108,374, upon receipt of all required bonds and insurance and the approval of such bonds and insurance by the City Attorney; and

3) Authorizes the City Engineer to approve change orders not-to-exceed $16,260.

PASSED AND ADOPTED by the City Council of the City of Elk Grove this 23rd

day of July 2014.

GARY DAVIS, MAYOR of the CITY OF ELK GROVE

ATTEST: APPROVED AS TO FORM: JASON LINDGREN, CITY CLERK JONATHAN P. HOBBS,

CITY ATTORNEY

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City of Elk Grove

Figure 1. Location Map Source: City of Elk Grove

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