Agenda Item No. 21
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineer v ` Landon Kern, Assistant City Engineer VF, ` L ,tom
FOR: City Council Meeting of August 8, 2022
SUBJECT: Award of Contract— Wilson III Basin Phase 1 C Improvements —Project No. 10879 RECOMMENDATION:
1. Award and authorize the Mayor to execute a contract in the amount $6,095,000 with Borden Excavating Inc. of Calimesa CA. for the Wilson III Basin Phase 1 C Improvements — Project No. 10879; and
2. Approve and authorize the City Manager to execute Contract Change Order No. 1 in the deductive amount of $1,420,000 with Borden Excavating Inc., such that the new contract amount will be $4,675,000; and
3. Approve the amounts of $400,000 for construction contract contingency, $75,000 for construction contract administration, $200,000 for inspection, surveying, materials testing and staff time for a total construction budget in the amount of $5,350,000; and
4. Authorize the City Manager, or his designee, to administer the terms of the contract; and
5. Approve the Plans and Specifications prepared for this project.
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.
The Project is included in the adopted FY2022/2023 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. (JMI) of Riverside CA. for the Wilson III Basin Phase I Improvements, and approved Amendment No. 1 to the professional services contract with B&R Consulting in the amount of $300,000 for construction contract administration and inspection services for the Project.
JMI completed the Phase lA Improvements and on September 13, 2021, City Council accepted the -334-
City Council Meeting of August 8, 2022
Award of Contract — Wilson III Basin Phase 1 C Improvements — Project No. 10879
contract work with a total value in the amount of $3,649,965 and authorized the recordation of the Notice of Completion for that phase of the Project. The 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.
On September 27, 2021, City Council awarded the Phase IB construction contract for the Project to LB3 Enterprises Inc. in the amount of $1,204,177.73. The Phase 113 improvements included installation of channel protection (riprap) along the realigned Wilson Creek Channel (Channel), driveway access improvements on Oak Glen Road for access to the Project site and the new City Yard, and storm drain improvements. Also, as identified in the Land Exchange Agreement with the Wildwood Calvary Church (Church) approved by City Council, the improvements included drainage improvements on the Church property and perimeter fencing as well. Construction of the Phase IB Project began in October of 2021. The construction of the improvements is nearly completed. Staff will return to City Council in the near future with a recommendation relative to the completion of this contract work for the Phase 1B Project.
The next phase of the Project is Phase 1C. The Phase IC improvements include construction of the Wilson Creek impact basin concrete structure near Oak Glen Road, construction of the Oak Glen Creek channel inlet concrete structure (trapezoidal channel), the double 12 foot wide by 10- foot-high reinforced concrete box culvert, and the Oak Glen Creek impact basin concrete structure.
These proposed structures are an important component of the Project since they will divert storm flows from both Oak Glen Creek and Wilson Creek into the flood control basin and are located at the confluence of both drainage channels. Phase IC also includes construction of a segment of trapezoidal riprap channel along both Wilson Creek and Oak Glen Creek to complete the channel improvements upstream of the basin.
On July 14, 2022, six (6) sealed bids were received and opened as follows:
Bidder
Total Bid
Borden Excavating, Inc.
$6,095,000
Granite Construction
$6,676,766
James McMinn
$6,892,722
H & H General Contractors, Inc.
$7,153,448
Riverside Construction
$8,106,316
Gentry
$9,801,784
Engineer's Estimate
$4,800.000
Borden Excavating Inc. of Calimesa CA. was the apparent low bidder with a bid in the amount of $6,095,000. The engineer's estimate for the proposed work is in the amount of $4,800,000. Staff believes the higher bid amounts received are due to the continuous increases in construction and construction material costs being experienced nationwide. In addition, the project requires the -335-
City Council Meeting of August 8, 2022
Award of Contract — Wilson III Basin Phase I Improvements — Project No. 10879
importing of significant quantities of rock and other construction materials that will need to be "trucked" to the project site and with the current high cost of fuel, the bid amounts for these items were significantly higher than expected.
Staff believes that it is important to complete the Phase 1 C improvements as soon as possible, 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.
Staff is proposing to delete the installation of the Wilson Creek impact basin concrete structure near Oak Glen Road from the proposed construction contract and "value engineer" the design of that component of the Project. This portion of the Phase 1 C work can be constructed at a later date, since the recently installed Phase IB improvements provide protection from future storm events along Wilson Creek between the Oak Glen Road and the basin. As a result, staff is recommending that Council approve Change Order No. 1 in the deductive amount of $1,420,000 such that the new proposed contract amount will be $4,675,000.
Staff has reviewed the apparent low bidder's bid documents and determined that the bid submitted meets the requirements in the specifications for the Wilson III Phase 1 C Improvements. Staff has reviewed the bidder's qualifications, including references, and found that similar work completed by the contractor for other public agencies was completed in a satisfactory manner. Staff recommends that City Council award and authorize the Mayor to execute a contract with Borden Excavation, Inc. for the Wilson III Phase I Improvement Project.
FISCAL IMPACT:
The table below includes the available funding identified in the FY2022/2023 CIP and costs to date for the Project:
Funding Source
Amount
Drainage Facility Fee Funds
$1,122,000
Drainage Facility Fee Funds (From Santa Ana and Tributary Ecosystem Restoration Project
30,000
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 0)
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 (2) 1,000,000
Total Proposed Identified Project Funding
$19,006,425
Total Funding Available Excl. State Revolving Loan
$15,006,425
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City Council Meeting of August 8, 2022
Award of Contract — Wilson III Basin Phase 1 C Improvements — Project No. 10879
Environmental Review Oak Glen Creek Specific Plan
Consultant Contract Placeworks)
$558,594
Contract Administration/Staff Time
113,355
Environmental Review Costs
$671,949
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
Construction Contract Phase lA
$3,457,464
Construction Contract Contingency
192,500
Construction Contract Administration Phase lA
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
Change Order No. 6
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
Proposed Construction Contract Phase 1C
$6,095,000.00
Proposed Change Order No. 1 deductive
1,420,000,00
Proposed Construction Contract Contingency
400,000.00
Proposed Construction Contract Administration
75,000.00
Proposed Inspection/Material Testing/Survey/Staff Time
200,000.00
Total Estimated Construction Budget Cost Phase I(3)
$5,350,000.00
Total Overall Costs to Date(including estimated Phase IB and IC Costs $14,933,661.70
Total Funding Available
$15,006,425.00
(1) Still under review by the State.
(2) Staff was notified that the City's request for Community Project Funding/Congressionally Directed Spending was approved in March of 2022. Formal approval pending. (3) Part of this council action.
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City Council Meeting of August 8, 2022
Award of Contract — Wilson III Basin Phase 1 C Improvements — Project No. 10879
With the identified funding included in the table above, there is sufficient funding available to accommodate staff s recommendations.
Attachments: Bid Summary
Agreement
Change Order No.
.i
Approved by:
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Wilson III Basin Project
Phase 1 C
Owner:City of Yucaipa
Bi Opening:2022-07-14
mark, an all-anm
Engineers Estimate
Borden Excavating Inc.
Granite Construction Company
James McMinn Inc
H & H General Contractors Inc.
Riversi a Construction Company Inc.
Gentry General Engineering, Inc.
1014 2nd Street
Calimesa, CA 92320
US
Bid Status:Valid
38000 Monroe Street
Indio, CA 92203
US
Bid Status:Valid
21801 Barton Rd
Grand Terrace, CA 92313
Bid Status:Valid
PO BOX 536
HIGHLAND, CA 92346
US
Bid Status:Valid
PO Box 1146
Riverside, CA 92502
US
Bid Status:Valid
9277 Archibald Ave
Rancho Cucamonga, CA 91730
US
Bid Status:Valid
Wilson III Basin Phase SC
It'. It
Item code
Item oercription
Qxanfiry
Unit of Meararc
Unitprlm
If -Total
Unit Prim
Item Total
Unit Prig
Item Total
Unit Pd.
Item Total
Unit Price
Item Total
Unit Prim
Item Total
Unlf Prig
Item Total
1 N/A
M OBI LIZATION/TRAFFIC CONTROL, WATER
1 LS
$0.00
$0.00
$154,000.00
$154,000.00
$190,000.00
$190,000.00
$150,000.00
$150,000.00
$190,000.00
$190,000.00
$745,000.00
$745,600.00
$160,000.00
$160,000.00
2 N/A
FURNISH AND INSTALL ITON GROUTED RIP-
2825
CY
$O.00
$0.00
$222.00
$627,150.00
$255.00
$720,375.00
$300.00
$847,500.00
$283.00
$799,475.00
$185.00
$522,625.00
$427.00
$1,206,275.0
3 FURNISH AND INSTALL 2 TON GROUTED RIP-
3000
CY
$0.00
$0.00
$240.00
$720,000.00
$440.00
$1,320,000.0
$300.06
$900,000.00
$300.00
$900,000.00
$185.00
$555,000.00
$427.00
$1,281,000.0
4 FURNISH AND INSTALL I TON UNGROUTED
2600
CY
$0.00
$0.00
$145.00
$377,000.00
$120.00
$312,000.00
$150.00
$390,000.00
$179.00
$465,400.00
$125.00
$325,000.00
$242.00
$629,200.00
5 CONSTRUCT 12" CLASS II FILTER BASE
602
CY
$0.00
$0.00
$155.00
$93,310.00
$70.00
$42,140.00
$145.00
$87,290,00
$105.00
$63,210.00
$80.00
$48,160.00
$158.00
$95,116.00
6 CONSTRUCT MIRAFI 1100N FILTER FABRIC
1807
SY
$0.00
$0.00
$9.00
$16,263.00
$9.60
$16,263.00
$6.00
$10,842.00
$8.00
$14,456.00
$8.00
$14,456.00
$13.00
$23,491.00
7 CONSTRUCT WISLON CREEK IMPACT BASIN
1 LS
$0.00
$0.00
$1,420,000.0
$1,420,000.0
$1,419,774.0
$1,419,774.0
$1,500,000.0
$1,500,000.0
$1,900,000.0
$1,900,000.0
$2,550,000.0
$2,550,000.0
$1,833,000.0
$1,833,000.0
B
CONSTRUCT OAK GLEN IMPACT BASIN
1 LS
$0.00
$0.00
$1,480,989.0
$1,480,989.0
$1,500,000.0
$1,500,000.0
$1,500,000.0
$1,500,000.0
$1,380,000.0
$1,380,000.0
1 $2,150,000.0
$2,150,000.0
$1,919,000.0
$1,919,000.0
9 CONSTRUCT OAK GLEN INLET STRUCTURE
1 LS
$0.00
$0.00
$300,000.00
$300,000.00
$225,000.00
$225,000.00
$250,000.00
$250,000.00
$260,300.00
$260,300.00
$200,000.00
$200,000.00
$900,000.00
$900,000.00
10 CONSTRUCT DOUBLE CELL 12' WX10' H RCB
72 LF
$0.00
$0.00
$5,200.00
$374,400.00
$3,600.00
$259,200.00
$4,300.00
$309,600.00
$4,400.00
$316,800.00
$4,600.00
$331,200.00
$3,600.00
$259,200.00
11 CONSTRUCT CHANNEL WALL AND WING
659
LF
$0.00
$0.00
$67.00
$44,153.00
$60.00
$39,540.00
$70.00
$46,130.00
$66.00
$43,494.00
$60.00
$39,540.00
$570.00
$375,630.00
12 CONSTRUCT CABLE RAILING PER CALTRANS
117
LF
50.00 $0.00
$85.00
$9,945.00
$90.00
$10,530.00
$100.00
$11,700.00
$84.00
$9,828.00
$90.00
$10,530.00
$90.00
$10,530.00
13 CONSTRUCT REMOVABLE DEBRIS BOLLARDS
23 EA
$0.00
$0.00
$1,500.00
$34,500.00
$2,200.00
$50,600.00
$3,300.00
$75,900.00
$3,200.00
$73,600.00
$2,500.00
$57,500.00
$2,700.00
$62,100.00
14 CONSTRUCT 1' WIDE, 5' DEEP CONCRETE
338
LF
$0.00
$0.00
$150.00
$50,700.00
$190.00
$64,220.00
$160.00
$54,080.00
$220.00
$74,360.00
$135.00
$45,630.00
$260.00
$87,880.00
15 INSTALL PVC TRAIL FENCE PER CITY OF
2416
LF
$0.00
$0.00
$36.00
$86,976.00
$44.00
$106,304.00
$110.00
$265,760.00
$35.00
$84,560.00
$50.00
$120,800.00
$38.00
$91,608.00
EROSION CONTROL
1LS
$0.00
$0.00
$30,000.00
$30,000.00
$21,000.00
$21,000.00
$100,000.00
$100,000.00
$150,000.00
$150,000.00
$85,000.00
$85,000.00
$340,000.00
$340,000.00
r.17
N/A
INSTALL MODIFIED RAILING DOUBLE DRIVE
3 EA
$0.00
$0.00
$7,000.00
$21,000.00
$15,300.00
$45,900.00
$20,000.00
$60,000.00
$7,000.00
$21,000.00
$15,000.00
$45,000.00
$7,500.00
$22,500.00
N/A
FURNISH AND INSTALL 1/2 UNGROUTED RIP-
2087
CY
$0.00
$0.00
$122.00
$254,614.00
$160.00
$333,920.00
$160.00
$333,920.00
$195.00
$406,965.00
$125.00
$260,875.00
$242.00
$505,054.00
Bid List Total
$0.00
$6,095,000.0
$6,676,766.0
$6,892,722.0
$7,153,448.0
$8,106,316.0
$9,801,784.0
Total Bid Amount
$0.00
$6,095,000.0
$6,676,766.0
$6,892,722.0
$7,153,448.0
$8,306,316.0
$9,801,784.0
Listed Subs
Jeremy Harris Construction, Inc.
PO Box 668
Riverside, CA 92502
Lopez Structures Inc
15801 ROCKFIELD BLVD, SUITE P
IRVINE, CA 92618
Westbrook Fence Inc.
PO Box 90310
San Bernardino, CA 92427
Fence Corp
18440 Van Burn Blvd
Riverside, CA 92508
HYDROSPROUT, Inc
460-A Corporate Drive
Escondido, CA 92029
Lopez Structures Inc
15801 ROCKFIELD BLVD, SUITE P
IRVINE, CA 92618
Ferreira Construction
10370 Commerce Center Drive
Rancho Cucamonga, CA 91730
Lopez Structures Inc
15801 ROCKFIELD BLVD, SUITE P
IRVINE, CA 92618
On Grade V-ditch Excavating
16286 Pine Avenue
Fontana, CA 92335
CML Commercial Metal
5425 Industrial Parkway
San Bernardino, CA 92407
HYDROSPROUT, Inc
460-A Corporate Drive
Escondido, CA 92029
Westbrook Fence Inc.
PO Box 90310
San Bernardino, CA 92427
CMC Rebar
215 York Place
Claremont, CA 91711
Fence Corp
18440 Van Burn Blvd
Riverside, CA 92508
CMC Steel Fabricators, Inc.
5425 Industrial Parkway
San Bernardino, CA 92407
Westbrook Fence Inc.
PO Box 90310
San Bernardino, CA 92427
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AGREEMENT
THIS AGREEMENT is made and entered into this 8th day of August 2022, by and between the City of Yucaipa, a municipal corporation, hereinafter referred to as "City", and Borden Excavating, Inc. located at 1014 2"d Street
Contractor / Company Name Street Address
Calimesa CA 92320 (909)795-5410 hereinafter referred to as "Contractor".
City State Zip Code Phone
PROJECT: Wilson III Basin Proiect Phase 1C Proiect No. 10879 WITNESSETH, in this consideration of their covenants, the parties hereto agree as follows:
The contract documents for the Project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices, and affidavits; and also including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner (collectively, the "Contract Documents"). The Contract Documents are made a part hereof as though fully set forth herein.
In consideration of such work, City agrees to pay Contractor and Contractor agrees to accept the sum of Six Million Ninety -Five Thousand Dollars and No Cents ($6,095,000.00) in the manner provided in the Contract Documents and subject to adjustment provided therein.
Concurrently with the execution of this Agreement, Contractor shall file with the City the bonds and certificates of insurance specified in the Contract Documents and subject to adjustment provided therein.
This Contract shall not be assigned without the written permission of the City Council.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written.
ATTEST:
Jennifer Crawford,
Assistant City Manager/City Clerk
FUNDS AVAILABLEANSURANCE
APPROVED:
Andrew Hamilton, Director of Finance
& Administrative Services
Fermin G. Preciado, Director of
Development Services/City Engineer
APPROVED AS TO FORM:
David M. Snow, City Attorney
CITY OF YUCAIPA
A Municipal Corporation
David Avila, Mayor Date
CONTRACTOR:
Date
-340-
City of
Contractor:
PUBLIC WORKS DEPARTMENT
Date: 8/2/2022
City Project No. 10879
Purchase Order No.
Contract Change Order No
Borden Excavating Inc.
Project: Wilson III Basin Project Phase 1C
Change Proposed:
Eliminate Bid Item at Lump Sum Price:
Eliminate Bid Item No. 7 "Construct Wilson Creek Impact Basin".
The low bid for this project was considerably higher than expected and exceeded the available funding. To be able to award the contract, it is necessary that a portion of the work be eliminated. Various bid items were considered for elimination and Bid Item No. 7 "Construct Wilson Creek Impact Basin" was selected since construction of the other items was critical to protecting the channel this coming winter.
The purpose of this CCO is to document mutual agreement on the elimination of Bid Item No. 7. Once this CCO is approved and the contract is awarded by the City Council, this contract change will take effect.
Decrease in Bid Item No. 7 at lump sum price: $1,420,000.00 There shall be no adjustments or compensation to contractor, subcontractors, or suppliers due to the elimination of this bid item.
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).
Deductive Additive
$1,420,000.00
Adjustment of Contract Time of Completion: 0
Agreed Contract Change Order price: ($1,420,000.00)
Contract Amount: $6,095,000.00
Previously Approved Change Order Numbers: None
Previously Approved Contract Change Order Amount: $0.00 New/Revised Total Contract Amount: $4,675,000.00
Reviewed and Approved by Const. Engineer:
Date
Approved by City Engineer:
Date
Approved by City Manager:
Accepted by:
Borden Excavating Inc. 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 agree 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 -341-