Agenda Item No. 13
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer Landon Kern, Assistant City Engineer
FOR: City Council Meeting of April 25, 2022
SUBJECT: Change Order No. 6 — Wilson III Basin Phase I Improvements — Project No. 10879 RECOMMENDATION:
That City Council approve and authorize the City Manager to execute Change Order No. 6 to the contract with LB3 Enterprises Inc. of Lakeside, CA for the Wilson III Basin Phase IB Improvements — Project No. 10879 for additional work required to further complete the overall project in the amount of $270,000 for a revised total contract in the amount of $1,592,522.84.
BACKGROUND/DISCUSSION:
The Wilson III Basin Project (Project) is identified in the City's Master Plan of Drainage (MPD) adopted in 1993, and in the most recent update of the MPD approved in 2012. This proposed regional flood control facility, along with several other improvements to Wilson Creek, has been identified as a critical component of the City's overall effort to reduce peak flow rates in Wilson Creek downstream of the Project, resulting in a reduction of the Wilson Creek floodplain within the City. This facility was identified as a high priority project in the approved MPD to assist in reducing flood risk in the community.
On October 19, 2019, at a Special City Council Meeting Council approved and authorized the Mayor to execute a Land Exchange Agreement by and between the Wildwood Calvary Chapel Church (Church) and the City of Yucaipa regarding the exchange of property to accommodate the proposed City Maintenance Yard and the realignment of Wilson Creek Channel. As part of the Land Exchange Agreement, the City committed to completing minor drainage improvements to support the Church Property.
On October 26, 2020, City Council approved and authorized the City Manager to execute a Financial Participation Agreement with the San Bernardino Valley Municipal Water District (Valley District) and the City providing $1,843,850 in funding for the construction of the Phase I groundwater recharge elements associated with Wilson III Basin Project. Since Valley District's financial contribution to the Project is based on enhancing groundwater recharge, staff is currently finalizing the methodology and process to be used to quantify the groundwater recharge levels of the Project when it is completed. Staff anticipates completing this process in the next few weeks and the Valley District Board approving the Financial Participation Agreement in mid/late October.
S!1
City Council Meeting of April 25, 2022
Change Order No. 6 — Wilson III Basin Phase 113 Improvements —Project No. 10879
The Project is included in the adopted FY2021 /2022 Capital Improvement Program (CIP) and is being completed in phases. On November 23, 2020, City Council awarded and authorized the Mayor to execute a contract in the amount of $4,379,107.85 with James McMinn, Inc. of Riverside CA. (JMI) for the Wilson III Basin Phase I Improvements, and approved Amendment No. 1 to the contract with B&R Consulting in the amount of $300,000 for construction contract administration and inspection services for the project.
On September 13, 2021, City Council accepted the contract work completed by JMI in the amount of $3,649,965 for the Phase lA Improvements and authorized the recordation of the Notice of Completion for the Project. The recently completed Phase IA improvements included earthwork excavation, mass grading, transport of the basin material to fill areas within the site, temporary stockpiling of material and oversize rock and construction of channel protection and interim spillway features to provide capacity for the conveyance of storm flows for flood protection.
Over the last few years, staff has had numerous discussions and meetings with the Church and other adjacent property owners, to discuss the impacts of the Project. Specifically, the Wilson Creek Channel realignment along the western boundary of the Church property and the construction of the new City Maintenance Yard. The new City Maintenance Yard will be located directly south of the Church's existing sports fields and is currently under construction.
The Phase IB improvements include installation of channel protection (rip -rap) along the realigned Wilson Creek Channel (Channel) and driveway access improvements on Oak Glen Road for access to the Project as well as access to the new City Maintenance Yard. Minor drainage improvements to support the Church and new City Maintenance Yard properties are also included. Also, as identified in the Land Exchange Agreement with the Church, the installation of perimeter fencing along the revised Church property line iss also included with the Phase IB improvements.
On September 27, 2021 City Council awarded the Phase IB construction contract to LB3 Enterprises Inc. in the amount of $1,204,177.73. Construction of the Phase IB Project began in October of 2021, and the construction of the improvements is approximately 60% complete. As the channel protection (rip -rap) segments are being completed with the available rock found/generated during the Phase IA excavation, it has been determined that additional rock material of a certain size for the channel rip - rap is required order to complete the Phase IB improvements. Although a large quantity of rock was generated onsite by the Phase IA excavation work, staff has researched several options in order complete the Phase IB improvements with the need for additional rock material. Staff believes that it is important to complete the Phase IB improvements as soon as possible, in order to complete the items identified in the Land Exchange Agreement with the Church and to complete the flood control improvements ahead of the winter storm season, especially with the Project area being located downstream of the El Dorado Fire burn area. During the course of construction, staff has administratively approved Change Orders No 1-5, which authorized the contractor to perform required modifications to the proposed drainage improvements along the Church and Channel, installation of additional erosion control/protective measures, and required basin and channel repair work in response to damage sustained from recent/heavy storm events containing significant amounts of debris from the El Dorado Fire burn area. Staff has applied for emergency funding and is coordinating with CalOES to seek reimbursement for a portion of the cost of the required repair -191-
City Council Meeting of April 25, 2022
Change Order No. 6 — Wilson III Basin Phase 1B Improvements — Project No. 10879
work in the Wilson III Basin area that may be elibile for future reimbursement.
Based on the amount and size of rock that was found during the Phase IA excavation work, staff believes that sufficient rock material for the Phase IB improvements is available in the remaining areas of the basin that were not excavated with the Phase IA contract. This unexcavated area was originally planned to be incorporated in a future phase of construction. Due to the nature of the ongoing Phase IB construction, and the proximity of this area to the existing Phase IB improvements, staff has negotiated Change Order No. 6. with LB3 in order to generate the necessary rock and complete the Phase IB improvements under the existing contract and with the equipment currently mobilized on site. This proposed Change Order No. 6 includes excavation in the basin (in the areas within the bottom portions of the recently excavated basin and slope areas that have been partially excavated under Phase IA), and sorting of the rock to be used for the rip - rap channel sections identified in the Phase IB contract. The proposed additional work is consistent with the construction plans prepared for the Project and approved by City Council. The proposed Change Order No. 6 in the not to exceed amount of $270,000 will allow for the completion of the Phase IB contract, and will allow staff to finalize the bid documents for the next phase of proposed improvements (Phase IC) for the overall Wilson III Basin Project. Following the Phase IC public bid process anticipated to occur within the next 30-45 days, staff will return to Council at a future council meeting with recommendations to award a contract to complete the next phase of the Project.
FISCAL IMPACT:
The table below includes the available funding identified in the FY2021/2022 CIP and costs to date for the Project:
Funding_Source
Amount
Drainage Facility Fee Funds
$1,062,000
SBCFCD Funds
350,000
SBCFCD Excess Property Value -Payments over time
7,143,575
State Department of Water Resources Grant (OWOW)
750,000
State Revolving Loan Fund
4,000,000
Watersmart Grant
290,000
DFF Reimbursements from Developers for fill dirt Wildwood Basins 400,000
California Natural Resource Agency CNRA) River Parkways Grant 1,150,000
Valley District Funding Agreement
1,843,850
ARPA Funding
927,000
Community Project Funding/Congressionally Directed Spending(3) 1,000,000
Total Proposed Identified Project Funding
$18,916,425
Total Funding Available Excl. State Revolving Loan
$14,916,425
Environmental Review Oak Glen Creek Specific Plan
Consultant Contract Placeworks
$558,594
Contract Administration/Staff Time
113,355
Environmental Review Costs
$671,949
-192-
City Council Meeting of April 25, 2022
Change Order No. 6 — Wilson III Basin Phase 1B Improvements — Project No. 10879
Design Engineering
Consultant Contracts
$1,299,732
Consultant Contract Contingency
77,511
Contract Administration/Staff Time
30,000
Design Costs
$1,407,243
Environmental Review/Legal Review/Appraisals/Admin.
$1,382,772.00
Construction Costs Phase IA)
Construction Contract Phase lA
$3,457,464
Construction Contract Contingency
192,500
Construction Contract Administration Phase 1 A
222,020
Inspection/Material Testing/Survey/Staff Time
170,000
Archeological and Biological Monitoring
206,213
S ineflower Mitigation Plan Implementation
132,905
Total Costs for Phase IA Construction
$4,381,102
Construction Contract Phase 1 B
$1,204,177.73
Construction Contract Contingency
120,418.00
Proposed Change Order No. 6 (2)
270,000.00
Construction Contract Administration
75,000.00
Inspection/Material Testing/Survey/Staff Time
50,000.00
Archeological and Biological Monitoring
$20,000.00
Total Estimated Construction Budget Cost Phase 1B
$1,740,595.73
Total Overall Costs to Date(including estimated Phase IB Costs $9,582,661.73
Total Funding Available
$14,916,425
(1) Still under review by the State.
(2) Part of this council action
(3) Staff was notified that the City's request for Community Project Funding/Congressionally Directed Spending was approved in March of 2022. Formal approval pending.
With the identified funding included in the table above, there is sufficient funding available to accommodate staff s recommendations.
Attachments: Change Order No. 6
Approved by:
-193-
City of
Contractor:
PUBLIC WORKS DEPARTMENT
Date: 4/20/2022
City Project No. 10879
Purchase Order No. 5100-0000937
Contract Change Order No. 6
LB3 Enterprises Inc.
Project: Wilson III Basin Project Phase 1 B - Wilson Creek Erosion Control Measures Change Proposed:
Extra Work at Force Account (Time and Material):
Excavate, construct embankments, and grade to planned finished grades (2:1) the existing slopes of the Wilson Creek Basin to the limits shown on page nos. 3 and 4 of this CCO and at the direction of the City Engineer or designated represesntatives.
Fine grade all benches and slopes for planned construction of terrace drains, down drains, access roads, and utility trails within the grading limits shown on page nos. 3 and 4 of this CCO.
Excavation and embankment construction is required along the south bank of the basin to achieve finished grades. The spoils from the excavation shall be used to construct needed slopes on the south bank of the basin. The embankments placed in areas needing fill to achieve finished grade, shall be compacted to 90% relative compaction. The remaining excavated material shall be stockpiled within the basin floor.
The goal of this excavation work is to salvage 1/2 Ton and 1 Ton rock to complete the Phase 1B project. All excavated material shall be screened to remove all over size rock larger than 12" and sorted by 1/2, 1, and 2 Ton sizes to be used on this project and remaining Wilson Creek RSP channel construction. Excess oversize rock generated, shall be sorted and stockpiled in 1/2, 1, and 2 Ton segregated piles. Surplus excavated material and sorted RSP shall be stockpiled at locations directed by the City representative.
The Contractor will be compensated for this work at Force Account (T&M). It has been agreed with the Contractor that mark-up shall be 12%. The Extra Work at Force Account is not to exceed $270,000.00.
A time adjustment of 50 working days is granted.
The additive and/or deductive work as stated above is compensable as Changes In Work under the provisions of Section 3 of Standard Specifications for Public Works Construction (Latest Edition).
Adjustment of Contract Time of Completion:
Agreed Contract Change Order price:
[.%
Deductive Additive
$270,000.00
$270,000.00
-194-
CCO No. 6 Page 2 of 4
Contract Amount:
Previously Approved Change Order Numbers:
Previously Approved Contract Change Order Amount:
New/Revised Total Contract Amount:
Reviewed and Approved by Const. Engineer:
Approved by City Engineer:
Approved by City Manager:
Accepted by:
$1.204.177.73
CCO #1, CCO #2, CCO #3, CCO #4, CCO #5
LB3 Enterprises Inc.
$112,345.11
$1,586,522.84
Date
Date
Date
Date
We, the Undersigned Contractor, have given careful consideration to the change and hereby agree that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will therefore accept as full payment the prices shown bove. Additionally, we agreed that the compensation (time and cost) set forth in this Change Order comprises the total compensation due the Contractor, and all the Subcontractors and all Suppliers, for the work or change defined in this Change Order, including all impact on any unchanged work. -195-
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