Agenda Item 9
CITY OF YUCAIPA
AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City EngineerVf Landon Kern, Assistant City Engineer L(\
FOR: City Council Meeting of November 28, 2022
SUBJECT: Change Order No. 4 —Debris Removal/Wilson III Basin Phase 1 C Improvements RECOMMENDATION:
That City Council:
1) Formally approve a Notification of Obligation and Payment (Funding Agreement) from the California Governor's Office of Emergency Services for the CDAA Grant Program (CDAA-2022-03, Cal OES ID: 071-87042; and
2) Amend the FY 2022/2023 Non -Capital Budget in the Miscellaneous Special Revenues Fund by adding Change Order No. 4 — Debris Removal/Wilson III Basin Phase 1C Improvements Project with a budget of $812,382 comprised of $623,456 in CDAA Grant Program Funding and the amount of $188,926 in local match funds as follows:
a. Increase expenditures budget in the project in the amount of $812,382 in the Miscellaneous Special Revenue Fund (Mums Fund 225 — formerly Eden Fund 48); and
b. Increase revenues budget in the project in the amount of $623,456 (CDAA grant) in the Miscellaneous Special Revenue Fund (Mums Fund 225 — formerly Eden Fund 48); and
c. Authorize a transfer of $188,926 to the project for the CDAA grant local match requirement from the Miscellaneous Capital Fund (Mums Fund 600 — formerly Eden Fund 35) to the Miscellaneous Special Revenue Fund (Mums Fund 225 — formerly Eden Fund 48); and
3) Approve and authorize the City Manager to execute Change Order No. 4 -Debris Removal/ Wilson III Basin Phase IC Project with Borden Excavating Inc. (Borden) for emergency work on a time and material basis in accordance with the terms of the CDAA Grant Program in the not to exceed amount of $755,704; and
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City Council Meeting of November 28, 2022
Change Order No. 4 — Debris Removal/Wilson III Basin Phase 1 C Improvements
4) Find that the construction of the emergency work for the El Dorado Fire Debris Removal at Wilson III Basin Project is Exempt from CEQA pursuant to Section 21080(b)(3) of the Public Resources Code, and direct staff to file a notice of exemption.
BACKGROUND/DISCUSSION:
On September 6, 2020, the Yucaipa City Manager proclaimed a Local Emergency due to the EL Dorado Fire in Yucaipa. On September 10, 2020, City Council ratified the City Manager's proclamation of the existence of a local emergency, in accordance with City of Yucaipa Municipal Code Section 8.36.075 and State Law. The fire has burned approximately 23,000 acres, and the watersheds affected by the fire include Wilson Creek, Spoor Creek and Oak Glen Creek along with various local drainage tributaries. A post -fire watershed assessment was completed in the burn areas to identify on -site and downstream threats to public health or safety from landslides, debris flow, flooding, road hazards and other post -fire related concerns, as well as to determine measures to prevent or mitigate identified threats. Standard preliminary estimates show that storm water and debris runoff volumes will increase as much as 30% from the burn area to the downstream drainage courses.
Section 2.24.130 of the Yucaipa Municipal Code permits the City Council to direct the City of Yucaipa purchasing officer to expend any sum of money budgeted and required in an emergency with no further compliance with the public contract procedure upon approval of a resolution, by four -fifths vote, declaring that public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property. On October 26, 2020 City Council adopted Resolution No. 2020- 64, approving the immediate expenditure of funds for public interest and necessity per the City's Municipal Code 2.24.130, Section I.
Over the past 2 years, City staff has continued to evaluate the needs throughout the City, and has authorized emergency work to occur in accordance with Resolution No. 2020-64 in order to address conditions that represent immediate threats to public health and safety. Some of this work took place within the National Resources Conservation Service (MRCS) Emergency Watershed Protective Measures Phase I and II efforts. The work completed with these efforts have been completed, and staff is working with NRCS staff to finalize the remaining reimbursements of funds to the City for Phase II.
Due to a significant storm event that took place on December 14, 2021, multiple City facilities were impacted with debris flows from the El Dorado burn areas. Subsequently, the City applied for CALOES/CDAA Grant Program (Grant Program) funding for necessary, emergency response work (Debris Removal) planned for various City facilities. On October 7, 2022, the City received the Notification of Obligation and Payment (Funding Agreement) for removal of burn scar area debris deposited by storm flows in Wilson III Basin in the amount of $755,704. The CDAA grant funding obligated for the project is in the amount of $623,455, which represents the sum of the following grant funded components:
City Council Meeting of November 28, 2022
Change Order No. 4 — Debris Removal/Wilson III Basin Phase I Improvements
1) 75% of the overall project amount, in the amount of $566,778; and 2) Administrative Allowance for staff time and administrative costs, in the amount of $56,678.
In addition to the grant funding summarized above, the CDAA Grant program requires a local match in the amount of 25%, which is in the amount of $188,926 (25% of $755,704). Similar to the NRCS grant program, the CDAA Grant Program also includes an "Administrative Allowance" budget approved with the project, which represents additional funding in the amount of $56,678. This administrative allowance in the amount of $56,678 is in addition to the $566,778 for the project, and has been approved for construction management, inspections, staff time, consultant costs and grant administration related tasks required to support the emergency work and associated reimbursements.
On August 8, 2022, following a competitive public bid process, City Council awarded a construction contract to Borden Excavating Inc. (Borden) for the Wilson III Basin Phase IC Project (Phase 1C Project). The Phase 1 C Project is currently under construction, and the scope of work includes grading and drainage improvements in the Wilson III Basin area (including a portion of the area subject to this removal project) with an anticipated completion in the spring of 2023. Due to the location of the proposed work and similar scope of work identified in the CDAA Grant Program Project, staff is proposing approval of contract change order No. 4 (CCO No. 4) with Borden for the CDAA Grant Program Project. Approval of CCO No. 4 would allow for this emergency work to begin immediately on a time and material basis, under the terms and conditions of an existing City/Borden construction agreement dated August 8, 2022 and in accordance with the CDAA Grant Program not to exceed $755,704.
On February 26, 2018, City Council adopted Resolution No. 2017-47 approving the Oak Glen Creek Specific Plan; certifying that the final EIR was completed in compliance with the California Environmental Quality Act, accepting the mitigation measures identified in the EIR Staff subsequently filed a Notice of Determination, completing and fulfilling the required environmental review. The work associated with proposed CCO No. 4 is consistent with the approved EIR.
Additionally, in accordance with Public Resources Code (PRC) section 21080.(b)(3), projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster -stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code are exempt from CEQA environmental review as a statutory exemption. Since the work associated with proposed CCO No. 4 and approved CDAA Grant Program funding are a direct result of a state of emergency proclaimed by the Governor, the work also meets these requirements as a statutory exemption. -209-
City Council Meeting of November 28, 2022
Change Order No. 4 — Debris Removal/Wilson III Basin Phase 1 C Improvements
FISCAL IMPACT
The table below summarizes the proposed funding for CCO No. 4:
Proposed Funding Source
Proposed Amount
CDAA Grant Program Funding Wilson III Basin Area 1,2
$566,778
Proposed Local Match Transfer from Miscellaneous Capital Fund 2 188,926
Subtotal — CDAA Grand Program Funding and Local Match
755,704
CDAA Grant Program Funding — Administrative Allowance 2,3 56,678
Total Proposed Funding Sources
$812,382
Total Proposed Change Order No. 4 Costs 2
$812,382
1) Kequires a zJ /o local match trom city tundmg source(s) 2) Part of this council action
3) Project Administration — 100% funded from CDAA — No local match required.
Staffs proposed recommendation is to Amend the FY 2022/2023 Non -Capital Budget in the Miscellaneous Special Revenues Fund by adding Change Order No. 4 — Debris Removal/Wilson III Basin Phase 1C Improvements Project. The proposed funding sources for CCO NO. 4 are summarized in the table above. Staff has determined that the existing construction budget for Wilson III Basin Phase IC (as approved by Council on August 8, 2022 in the amount of $5,350,000) would not require any amendments, as a result of CCO No 4, therefore, there is sufficient funding to accommodate staffs recommendations.
Attachments: Contract Change Order No. 4
Funding Agreement
CalOES Funding Guidelines
Approved by:
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City of
PUBLIC WORKS DEPARTMENT
Date: 11 /28/2022
City Project No
10879
Purchase Order No. 5200-0000784
Contract Change Order No.
Contractor: Borden Excavating Inc.
Project: Emergency (CDAA/CALOES) Debris Removal - Wilson III Basin Project Phase 1C Change Proposed:
Extra Work at Force Account (Time and Material):
Scope of Work:
Removal of debris/material from Wilson III Basin within the basin area(s) from the December 2021 storm event. Removal of the material shall be in accordance with the CDAA Grant Program (CDAA-2022-03, CalOES ID: 071-87042) and the scope of work to be completed as described in the Damage Survey Report (DSR) 4545.
In accordance with the CaIOES/CDAA Grant Program, the contractor will be compensated for this work at Force Account (T&M) for a not to exceed amount of $755,704.
To be performed in accordance with the terms of the CDAA Grant Program.
Background:
The Wilson III Basin project is being constructed in phases. Phase 1A of the project was completed in June 2021. It consisted primarily of mass excavation of the basin easterly of Second Street and the Wilson Creek Channel from Oak Glen Road to the basin. Phase 1 B project started in October 2021 and is now complete. In this current Phase 1 C, the Wilson Creek Channel that was excavated in the previous project was improved primarily by lining it with rock slope protection from the RCB outlet at Oak Glen Road to the confluence with Oak Glen Creek near the basin. Construction activities on the current project, Phase 1 C, started in early September 2023. This phase includes construction of an energy dissipator structure at the Oak Glen Creek confluence with Wilson Creek and completing the rock lining of the Wilson Creek Channel down to the Forebay.
During the month of December 2021, the project was impacted by a significant amout of stormwater and debris from the EL Dorado Fire burn areas, and grant funding was obligated to the City of Yucaipa to remove the material from this storm event that settled in the Wilson III Basin areas.
Per Section 2-10 of the Contract Specifications, 'Payment for all contract and subcontract administrative, bonds and insurance, overhead, profit, labor, materials, and equipment costs is limited to 20% increase of the cost of "Extra Work". Also, as agreed with Borden, the mark up for trucking will be 12%.
No time adjustment is warranted as a result of this change Estimated Cost of Extra Work at Force Account for a not to exceed amount of ....................$755,704 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
$755,704.00
Adjustment of Contract Time of Completion:
Agreed Contract Change Order price: $755,704.00
Contract Amount: $6,095,000.00
Previously Approved Change Order Numbers: No. 1 - 3
Previously Approved Contract Change Order Amount:-$1,383,604.00 New/Revised Total Contract Amount: $5,467,100.00
Reviewed and Approved by Const. Engineer:
Date
Approved by City Engineer:
Date
Approved by City Manager:
Date
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 change defined in this -211-
GAVIN NEWSOM
GOVERNOR Cal
"E
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
October 7, 2022
Raymond Casey
City Manager
Yucaipa, City of
34272 Yucaipa Boulevard
Yucaipa, CA 92399
Subject: Notification of Obligation and Payment
CDAA Grant Program
CDAA-2022-03, Cal OES ID: 071-87042
Dear Raymond Casey:
MARK S. GHILARDUCCI
DIRECTOR
Obligation The California Governor's Office of Emergency Services (Cal OES) Notification has attached the Exhibit C for Damage Survey Report #4545. Please see the table below for further obligation details.
Obligation
Details
Supplement
Obligation Amount
Cumulative Amount
Obligated
State -California Disaster Assistance Act (CDAA)
$623,455.80
$623,455.80
Payment For this disaster, funds will be paid in accordance with the following disbursement Process table:
Project Status
State Funds Disbursement Process
Projects less than 100%
complete
Advance administrative allowance only.
All other funds (less retention) will be paid on a reimbursement basis Projects 100% complete
Automatic payment of state share and administrative allowance 3650 SCHRIEVER AVENUE 7 MATHER, CA 95655
GRANTS PROCESSING UNIT
(916) 845-8110 (916) 636-3880 FAX
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Payment
Process -
Continued
Required
Documents
For this particular Supplement, payment will be automatically disbursed as follows:
Payment Details Amount Automatically Paid
State-CDAA $56,677.80
For those projects with a work completion of less than 100%, a Project Reimbursement Request form has also been included with this supplement.
State funds will be issued separately by the State Controller's Office. Please be advised that state warrants have a one-year period of negotiability.
In order to receive funds, the following forms must be on file with our office:
Form
Received by Cal OES?
Project Application CDAA Program (CDAA 1)
Yes
Designation of Applicants Agent Resolution (OES 130)
Yes
ayee Data Record (STD. 204) - Private non profit organizations only j N/A
Program As a requirement of this program, a special fund for the deposit of the state warrant Requirements- must be established upon receipt of any advance funding. Under no circumstances General are expenditures to be made for any damages other than those approved in this application. Any funds received in excess of current needs or approved amounts, or those found owed as a result of an audit or final inspection, must be refunded to the State within 30 days upon receipt of an invoice from Cal OES.
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Fair Hearing In accordance with Title 19 California Code of Regulations, Section 2900, if you Process disagree with the obligated amount(s) or scope of work for the Damage Survey Report (DSR) addressed in this Supplement, you must direct your grievance, together with any information in writing, to the Assistant Director of Recovery within sixty (60) working days of receipt of notification of the issue to be grieved, unless this deadline is extended by Cal OES. The grievance must state the issue(s) in the dispute, the legal authority, or other basis for the local agency's position and the remedy sought.
Please submit your grievance in writing to the following mailing address:
California Governor's Office of Emergency Services
Recovery Division, Public Assistance
3650 Schriever Avenue
Mather, California 95655
Questions and For appeal assistance, contact Public Assistance at (916) 845-8200. For assistance Inquiries regarding this letter, contact the Recovery Financial Processing Unit's main line at (916) 845-8110.
RECOVERY FINANCIAL PROCESSING UNIT
Enclosure(s)
c: Subrecipient's Federal File/ Subrecipient's State File
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STATE OF CALIFORNIA GAVIN NEWSOM, Governor
Cal OES ID: 071-87042
Cal "US Supplement Number: 0
GOVERNOR'S OFFICE
OF EMERGENCY SERVICES
Disaster Number: 202203
PROJECT APPLICATION APPROVAL
CALIFORNIA DISASTER ASSISTANCE ACT PROGRAM
1. SUBGRANTEE'S NAME
AND ADDRESS
2. AUTHORIZED AGENT
Yucaipa, City of
Raymond Casey
City Manager
3. PROJECT SUMMARY
ICATEGORY OF WORK
AMOUNT APPROVED BY STATE
A - DEBRIS REMOVAL
$0
B - EMERGENCY PROTECTIVE MEASURES
$0
C - ROAD SYSTEMS REPAIRS
$0
D - DIKES, LEVEES & FLOOD CONTROL
$566,778.00
WORKS
E - PUBLIC BUILDINGS
$0
F - UTILITIES
$0
G- OTHER
$0
H - FIRE SUPPRESSION
$0
Z - FEDERAL ADMINISRATIVE COSTS
$0
Obliaation Summa
Dam.Cat. CDAA DSR#/PW# FEMA DSR#/PW# Total Obligation
D: Water Control Facilities
0 DSR-4545 $566,778.00
Desc:
SIGNATURE:
Chase Elliott
DATE APPROVED:
10/3/2022
CDAA Form la (7/21) OES
126A
Subtotal for Category:
ADMINISTRATIVE
ALLOWANCE:
TOTAL THIS
SUPPLEMENT:
TOTAL NOW APPROVED
FOR APPLICATION:
TITLE:
1 $566,778.00 1
$56,677.80
$623,455.80
623
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Pane N ofi,, Pages
STATE DISASTER NUMBER: 2022-03 FEDERAL DISASTER #: NA
STATE OF CALIFORNIA
STATE APPLICANT ID NUMBER: 071-87042 FEDERAL PA ID #: NA * Cal OES
1, • -" GOVERNOR'S OFFICE
STATE INCIDENT PERIOD: 12/10/22 01/01/22
OF EMERGENCY SERVICES
TYPE OF DISASTER: 0 Governor's Proclamation or ❑ Director's Concurrence California Disaster Assistance Act
ElEarthquake or Q Flood/Winter Storm or ElFire
❑ Other (Please Specify Type):
Damage Survey Report
(DSR)
TYPE OF CDAA DSR: ❑ Emergency Work or Q Permanent Work
CATEGORY D WATER CONTROL FACILITIES
SUPPLEMENT TO CDAA DSR # : NA
4545
SUBGRANTEE NAME: City of Yucaipa
FACILITY/SITE ADDRESS OR DIRECTIONS (Include City, County of Site): LATITUDE I LONGITUDE Wilson Creek Basin, Yucaipa, 92399 34.044367,-117.039488 COUNTY:
SAN BERNARDINO
DESCRIBE DISASTER RELATED DAMAGE TO THE FACILITY/SITE:
During the month of Decemeber, a torrential rain storm caused significant damage to the City of Yucaipa's Wilson Creek Basin, due to heavy debris flow caused by the storm. The rain storm created a significant concentrated water now that traveled down slope through Yucaipa, and breached the basin. The water carried heavy vegetative and mud debris with a collection of various soil elements and traveled through a constructed channel adjacent to the Wilson Creek Basin. The channel flows downward and empties out into the Basin, creating a massive layer of debris that includes reminants of burned vegetation and ash from the El Dorado fire that occurred back in 2019 that flooded the Basin. After the basin was flooded, a hardened layer of mud, ash, and burned vegetative debris created an estimated average 3.5' D layer of debris that covered the entire floor of the basin. This prevented the basin from performing its constructed purpose to peculate ground water, and must to be removed. According to the appliacnt the Wilson Creek Basin had been cleaned in the month of April 2021 to original desin elevations and surveyed post disaster.
This project Is in reference to LOP #3
SCOPE OF WORK TO BE COMPLETED:
Work to be completed:
It is understood that the Applicant plans to complete the work using a combination of contract and force account labor.
Damages based on engineer estimates:
Damage Dimensions of Basin: Total area of Rectangle - 915' x 675' W x 4' D of measured area upon site inspection.
The applicant provided an engineer's estimate with damage description of debris that includes: 1,120,000.00 estimated volume (CF) of debris with 41,481.48, estimate volume of (CY) at $16.00 per CY (excluding equipment mobilization, debris location, and construction admin costs) to restore the predisaster capacity of the basin.
Work has not began on the Wilson III Basin, so this DSR is based on engineer estimates.
Note: Applicant has indicated that this basin is under contract for work outside of the emergency debris removal. The applicant must inform CaI0ES and request a supplemental DSR should the scope of work vary from that listed above, in accordance with CCR Title 19 §2970 (d) at that time the applicant must provide predisater survey documentation to justify actual quantities.
Additionally, at the time of Final Inspection, the applicant must provide pre and post disaster surveys to justtify actual quantities of debris material. in accordance with CCR Title 19 2980 (c).
Note: In accordance with CCR Title 19 §2970. (d) Applicant may request a supplement to this DSR when it Is discovered there is a substantial cost overrun, or addressed at Final Inspection.
Is this Facility Eligible for Federal Funds? ❑ YES Q No ❑ uNKN Federal DSR/PW Number:
Federal Program: ❑ I'DIA ❑ NRCS ❑ FHWA ❑ uSACE ❑ OTHER
Federal DSR/PW $ Amount:
Is this an Historic Structure? ❑ YES El NO ❑ uNKN On National Register? ❑ • 50+Years Old? ❑ Significant Effect on Environment? ❑ YES Q No ❑ uNKN Is Project Cat-X or Stat-X? ❑ YES Q No ❑ LINKN Is there Insurance for Damages? ❑ YES Q No ❑ uNKN Insurance Recovery:$ 0 Ins. Deductible $0 Work done by Force Account Labor? Q YES ❑ No ❑ uNKN Percentage of Work Completed at Inspection: 0% Total Eligible Labor, Equipment, Materials and Contract costs from Cost Worksheet: TOTAL COSTS: $755,704.00 IDES Applicant Services Rep. Nance
OES ASR Signature
Date of Site Inspection: NA
Nick Vaquero
See Attached
Date of DSR Submission to AC:
Recommend Eligible? Q YES ❑ No
Name of Local Representative
Representative's Signature
Concur with Scope of Work? Q YES ❑ NO
Trevor Benson
See Attached
Contact Telephone Number and
Fax Number:
Name of Reviewer/Area Coordinator
Reviewer/AC Signature
Date Reviewed:
Recommend Eligible? ❑ YES ❑ NO
Public Assistance Officer
PAO , ignat a
/
Sec attachment
PP YES NO
Approved? ,-I� ❑
David Gillings
explaining changes or denial
Amount $: /r✓,
CDAA Form 2 (Revised 4/08) OES 90 /J // // -
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Preserving Public Assistance Funding
Procurement records must
include the rationale for selecting
the type of procurement method,
the basis for contractor selection
or rejection, and the contract
price basis.
Contracts must generally be bid
competitively, with a clear
description of the approved scope
of work.
Contracts must comply with
local, state, and federal
procurement requirements
including contracting with small
and minority firms, women's
business enterprise, and labor
surplus area firms. Also, strict
avoidance of suspended or
debarred contractors is required.
Ensure the contractor complies
with all terms and conditions of
the contract, along with the
approved scope of work.
Cost plus percentage contracts
are specifically prohibited,
while sole source contracts
should be avoided without
sufficient -significant rationale.
Any deviation from the
approved scope of work is
prohibited unless approved by
FEMA.
Commencing permanent work
projects without required
environmental permits along
with FEMA environmental -
historic clearance is prohibited.
Emergency work is not
necessarily exempted from
permitting requirements,
especially the Endangered
Species Act.
M
0 O
E
Claimed costs must be
compiled on a per project
basis.
Specified program deadlines,
e.g., work -related deadlines
and appeals for net small
project overruns (NSPO) must
be met.
Payroll records for each
employee must account for all
daily disaster -related activities
performed, with time sheets
signed and certified by the
employee and supervisor.
Source documentation, such as
paid invoices, contracts,
change orders, is required for
all funding expenditures.
Funding recipients must be
monitored.
Comprehensive records
retention is required.
For more information about preserving
Public Assistance funding, contact the
California Governor's Office of Emergency
Services at:
3650 Schriever Avenue
Mather, CA 95655
(916)845-8200
(916) 845-8388 (fax)
[email protected]
www.caloes.ca.gov
Four Steps to
Success
Protecting Your
Public Assistance
Disaster Funding
Obtain fiu-ther program information for
protecting your Public Assistance disaster
funding from the Federal Emergency
Management Agency at:
www.fema.gov/public-assistance-frcqtiently-
asked-questionsProcurement
asked -questions 0
For minimizing the loss of program funding Environmental through audits, contact the Office of Inspector
General at: Scope of Work
http://www.oig.dhs.gov/assets/Audit_Tips.pdf
Version01.16 - Record -keeping
Cal OES
OOV EflNOR'S OFFICE
OF EHSFJFjRK2ERVICES , Cal OES
CGLO V