Agenda Item No. 7
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Service/City Engineer TV - Landon Kern, Assistant City Engineer FPS L��
FOR: City Council Meeting of September 26, 2022
SUBJECT: Acceptance of Contract Work - Five Winds Ranch Amphitheatre Project No. 11171 RECOMMENDATION:
That City Council:
1. Accept the contract work completed by Urban Habitat in the amount of $302,000 for the Five Winds Ranch Amphitheatre Project No. 11171; and
2. Authorize the recordation of the Notice of Completion for the Project; and
3. Find that the public interest is not best served by a formal bid process, waive the City's formal solicitation process, and authorize a payment to Three Peaks Construction Inc. in the amount of $41,900 for work performed on Project No. 11171.
BACKGROUND/DISCUSSION:
On August 14, 2016, City Council approved the creation of the Five Winds Ranch Improvement Advisory Council Committee with representatives from the Trails and Open Space Committee; Youth Advisory Committee; Planning Commission; Economic Development Advisory Committee; and Parks and Recreation Commission.
On April 10, 2017, City Council approved and authorized the Mayor to execute a contract with Architerra Inc., A California Corporation - Architerra Design Group (ADG), to provide professional services for Landscape and Architectural Conceptual Plans, a Market Feasibility Study and Community Outreach for the Five Winds Ranch Park project.
On June 11, 2018, the City Council reviewed the conceptual plan prepared for the Five Winds Ranch Park Project by ADG. The concept plan was developed based on input from the outreach efforts and the Five Winds Ranch Improvement Advisory Council Committee. On June 8, 2020, City Council reviewed and approved the revised conceptual plan for the Five Winds Ranch Park Proj ect
Over the last two years, staff has coordinated the completion of various site improvements at Five Winds Ranch, consistent with the approved conceptual plan. These improvements included site preparation for the 2020 and 2021 Make a Difference Day events, landscaping/irrigation improvements, site grading for the amphitheatre, roadways, parking areas, and the application of roadway base material to the roadway sections. These phases of work have also been completed in an effort to prepare for the re -opening of El Dorado Ranch Park, which was celebrated by the -121-
City Council September 26, 2022
Acceptance of Contract Work - Five Winds Ranch Amphitheatre Project No. 11171
two-day Five Winds Country Music Festival (Festival) held the weekend of June 24th/25th.
Staff identified several remaining site improvements, primarily in the vicinity of the Amphitheatre and lake area, that were required in order to accommodate the event, the re -opening of El Dorado Ranch Park and the overall development of the Five Winds/El Dorado Ranch Park facility that has been envisioned for many years. As a result, staff prepared the design plans and construction bid documents for the Five Winds Ranch Amphitheatre Project (Project). The Project included grading and site preparation work for the access roads, lake maintenance road, multi -use trails, ADA paths, amphitheater and additional parking areas at the west end of the site. The Project also included the installation of concrete stairs, a concrete sidewalk section, decomposed granite trail/access path and railing/fencing around the top of the amphitheatre area, and concrete improvements to accommodate the event tent foundation/flooring (for future events).
During the Project planning phase, staff had several meetings with stakeholders, neighbors and other community members to discuss the remaining site improvements, including the amphitheater. Several of the concerns raised at these meetings included aesthetics, screening of the Five Winds Ranch facility from Oak Glen Road and neighboring properties, and sound/music emanating from the amphitheater area during certain events. To address these concerns, staff worked with the City's consultant landscape architect to determine the types of trees planted along the south side of the facility along Oak Glen Road and more recently, additional trees have been planted in specific locations on the south side of recently graded equestrian oriented pads to provide additional screening. Since the proposed amphitheater area is planned to be used to hold events with live or amplified music, staff also consulted with audio professionals with experience in music production and sound attenuation to seek input regarding the design of the amphitheater.
Based on their input regarding placement of different types of speakers (line array, bass, point source, etc.) and how they broadcast sound, the Project included the installation of a natural rock wall for sound attenuation along most of the amphitheatre perimeter, specifically the southwestern, southern and eastern sides of the amphitheater which are between the amphitheater and Oak Glen Road.
On April 11, 2022, City Council awarded and authorized the Mayor to execute a contract in the amount of $318,923.65 with Urban Habitat of La Quinta, CA, for the construction of the Project and authorized a construction contract contingency in the amount of $25,000 and the amount of $14,000 for contract administration/inspection for a total Project budget in the amount of $357,923.65. Due in part to the contractor's resources and availability of concrete during the course of construction, Urban Habitat was unable to schedule several contract items to be completed before the Festival. Staff reached out to other contractors to determine their resource availability and their ability to obtain concrete. During this time, Urban Habitat, as well as a number of other contractors in the region were struggling to get concrete ordered and were even having concrete deliveries cancelled during this time frame. In order to complete these items of work using a contractor with available resources and access to concrete material, staff coordinated with Urban Habitat to remove several contract items from their contract, including one set of concrete stairs and the sidewalk section along the top of the amphitheatre. The construction of the remaining portions of the project have been completed by Urban Habitat, and field inspections performed by staff during the course of the work and upon completion have assured the work was completed according to the plans and specifications for this Project. -122-
City Council September 26, 2022
Acceptance of Contract Work - Five Winds Ranch Amphitheatre Project No. 11171
In an effort to complete the items of work removed from Urban Habitat's construction contract prior to the Festival, staff evaluated several options in order to construct required access components of the project to support the Festival and the re-opening/development of the El Dorado Ranch Park. Staff determined the most economical option was to coordinate with another contractor who had resources available and demonstrated access to concrete to perform this work.
Three Peaks Construction was working in the area on other City projects, is qualified to perform the work, and was available to schedule and perform these portions of work prior to the Festival.
Staff therefore coordinated with Three Peaks Construction, and scheduled the work to be performed outside of the Urban Habitat contract, and in a timely manner prior to the Festival. For this reason, staff is recommending that Council find that the public interest was not best served by a formal bid process, waive the City's formal solicitation process, and authorize a payment to Three Peaks Construction Inc. in the amount of $41,900 for work performed on Project. Three Peaks essentially transferred concrete ordered for other City projects to this project in order to complete the necessary work prior to the Festival.
FISCAL IMPACT:
The approved construction budget and actual costs of the Project are as follows:
Approved
Bud et
Actual
Costs
Construction Contract
$318,924
$302,000
Construction Contract Contingency
25,000
0 Construction Contract Admin/Inspection/Testing/Coord. 14,000
13,000
Proposed Payment to Three Peaks Construction
$41,900
Total Construction Costs
$357,924
$356,900
As shown in the table above, the total actual costs of the Project in the amount of $356,900, including the proposed payment to Three Peaks Construction, is less than the construction budget amount approved by City Council for the Project of $357,924.
The adopted FY2022/2023 Capital Improvement Program includes funding in the amount of $3,182,000 for the overall Five Winds/El Dorado Ranch Park Project. The current remaining balance for the development of this project is in the amount of $1,448,948. With the actual costs of the Project shown in the table above in the amount of $356,900, the remaining balance will be $1,092,048. As a result there is sufficient funding available to accommodate staff s recommendation.
The remaining balance will be utilized to complete the further development in phases of the Five Winds/El Dorado Ranch Park Project.
Attachments: Notice of Completion
Approved by: /, 1tZxJ
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RECORDING REQUESTED BY
City of Yucaipa
WHEN RECORDED RETURN TO:
City Clerk
City of Yucaipa
34272 Yucaipa Blvd.
Yucaipa, CA 92399
Recording Fee $0 SPACE ABOVE THIS LINE FOR RECORDER'S USE Government Code 6103
NOTICE OF COMPLETION
Pursuant to the provisions of Section 9204 of the Civil Code of the State of California, NOTICE IS HEREBY GIVEN that work on the certain project known as:
PROJECT NO. 11171
FIVE WINDS RANCH AMPHITHEATRE
for the City of Yucaipa was completed and accepted by the City of Yucaipa on the 26th day of September 2022
The said work was performed by Urban Habitat of La Quinta, CA in accordance with the terms of the written agreement dated the 11th day of April, 2022.
Dated September 26, 2022
CITY OF YUCAIPA, a Municipal Corporation, Owner
34272 Yucaipa Blvd, Yucaipa, CA 92399
Fermin G. Preciado, Director of Development Services/City Engineer A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of the document.
STATE OF CALIFORNIA }
COUNTY OF SAN BERNARDINO }
Subscribed and sworn to (or affirmed) before me on this 26th day of September 2022, by Fermin G. Preciado, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Date
s
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Jennifer Crawford, Assistant City Manager
/City Clerk
Ab
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