Agenda Item No. 5
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 � j<"
FOR: City Council Meeting of January 9, 2023
SUBJECT: Acceptance of Work — Wilson III Basin Project Phase 113 Improvements — Project No. 10879
RECOMMENDATION:
That City Council:
1. Accept the contract work completed by LB3 Enterprises Inc. of Lakeside CA. in the amount of $1,577,979.06 for the Wilson III Basin Phase 113 Improvements — Project No. 10879; and
2. Approve the final payment for the Project; and
3. Authorize the recordation of the Notice of Completion for the Project.
BACKGROUNDMISCUSSION:
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 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 is identified as a high priority project in the approved MPD to assist in reducing flood risk in the community.
In addition to the stormwater capture this project provides from both Wilson Creek and Oak Glen Creek watersheds, this facility provides significant benefits to the community with its ability to capture mud and debris flows, more recently from the recent Apple and El Dorado fires.
Furthermore, this project also represents significant economic benefits for the community, allowing private land development to occur in areas that are being removed from the FEMA designated flood zones along Wilson Creek corridor as a direct result of this Project as well as other drainage improvement projects completed throughout the community.
On October 19, 2019, City 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 to exchange property to accommodate the proposed City Maintenance Yard and the realignment of 105
City Council Meeting of January 9, 2023
Acceptance of Work — Wilson III Basin Project Phase 1B Improvements — Project No. 10879
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 the Project. Since Valley District's financial contribution to the Project is based on enhancing groundwater recharge, staff is finalizing the methodology and process to be used to quantify the groundwater recharge levels of the Project which includes the installation of stormwater flow gauges, and data collection. This information will be compiled into an annual report summarizing the estimated groundwater recharge for Valley District in accordance with the Financial Participation Agreement. Staff is currently estimating the amount of groundwater recharge that has occurred in 2020 and 2021 during the ongoing initial phases of construction.
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. 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 1A Improvements and authorized the recordation of the Notice of Completion for the Project. During the course of the Phase lA effort, staff worked with the contractor to reduce the scope of the grading work and incorporate it into the future phases of the proposed improvements. The 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.
On September 27, 2021, City Council awarded the Phase IB construction contract to LB3 Enterprises Inc. in the amount of $1,204,177.73 after publicly advertising this contract for construction bids.
During the course of construction, staff administratively approved several change orders, which authorized the contractor to perform required modifications to the proposed drainage improvements to support the Church Property and channel improvements, 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. Subsequently, on April 25, 2022, City Council approved Change Order No. 6 in the not to exceed amount of $270,000 for additional excavation required to generate additional required rock material needed to complete the Phase 1 B improvements, including the channel rip -rap, ahead of the winter storm season, especially with the Project area being located downstream of the El Dorado Fire burn area.
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 106
City Council Meeting of January 9, 2023
Acceptance of Work — Wilson III Basin Project Phase I Improvements — Project No. 10879
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 is currently under construction and is located directly south of the Church's existing sports fields and parking lot.
The Phase IB improvements included 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 new Church property line is also included with the Phase IB improvements The construction of the Phase IB Project has been completed. Field inspections performed by staff and consulting staff during the course of the work and upon completion of the work have assured that the work was completed according to the plans and specifications for this project and in accordance with the requirements and conditions described in specifications. As a result, staff is recommending that City Council accept the contract work and direct staff to file the Notice of Completion for the Project.
On August 8, 2022, City Council authorized_the Mayor to execute a contract in the amount $6,095,000 with Borden Excavating Inc. for the Phase 1C Improvements and authorized the City Manager to execute Contract Change Order No. 1. Change Order No. 1, in the deductive amount of $1,420,000 with Borden Excavating Inc. resulted in a revised contract amount in the amount of $4,675,000, and was recommended in order to review one element of the project for possible value engineering, potentially reducing the overall construction costs.
The Phase IC improvements are currently underway and 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 1 C 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.
FISCAL IMPACT:
The table below includes the approved budget and actual construction costs for the Project:
Phase 113 Construction
Approved
Budget
Actual Cost
Construction Contract
$1,204,177.73
$1,177,221.91
Construction Contract Contingency
120,418.00
111,559.28
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City Council Meeting of January 9, 2023
Acceptance of Work — Wilson III Basin Project Phase 113 Improvements — Project No. 10879
Change Order No. 6
270,000
269,197.87
Construction Contract Administration
75,000.00
75,000.00
Inspection/Material Testing/Survey/Staff Time
50,000.00
50,000.00
Archaeological/Biological Monitoring/Admin. (1)
$20,000.00
0 Total Phase 1B Construction Cost
$1,739,595.73
$1,682,979.06
Difference between Approved Budget and Actual Costs
$56,616.67
(1) Not required with the Phase 1B efforts
The table below includes the available funding identified in the FY2022/2023 CIP and costs to date for the Project:
Fundin 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
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
Environmental and Design Costs
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
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City Council Meeting of January 9, 2023
Acceptance of Work — Wilson III Basin Project Phase 1 B Improvements — Project No. 10879
Environmental Review/Legal Review/Appraisals/Admin.
$1,382,772
Construction Costs
Construction Contract Phase IA)
$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 1 A Construction
$4,381,102
Construction Contract Phase 113Costs
$1,177,221.91
Construction Contract Contingency
111,559.28
Change Order No. 6
269,197.87
Construction Contract Administration
75,000.00
Inspection/Material Testing/Survey/Staff Time
50,000.00
Archeological and Biological Monitoring
0 Total Actual Construction Costs Phase 113
$1,682,979.06
Construction Contract Phase 1C
$6,095,000.00
Approved Change Orders No. 1-3
1,384,500.00
Construction Contract Contingency
400,000.00
Construction Contract Administration
75,000.00
Inspection/Material Testing/Survey/Staff Time
200,000.00
Total Estimated Construction Budget Cost Phase 1C (3)
$5,385,000.00
Total Overall Costs to Date(including estimated Phase 1 B and 1 C (3) $14,911,045.06
Total Funding Available
$15,006,425.00
(1) Still under review by the State. Staff has been notified that changes to the State's guidelines may affect the review of the City's loan application and/or subsequent loan applications. (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) Change Order No. 4 is excluded since funding source is different as approved by City Council on November 28, 2022. The costs associated with Change Order No. 4 will be fully reimbursed through the CalOES/CDAA funding for mud/debris removal from the Project site (basin).
With the actual cost and available funding shown in the table above, there is sufficient funding available to accommodate staff s recommendation. Staff will return to Council at a later date with recommendations to fund and complete the future phases of construction for the Wilson III Basin Proj ect.
With the many benefits the Project provides to the community and region, the Project represents a worthy candidate for local, state and federal grant funding eligibility. In addition, there are several potential funding sources for future phases of construction which include, but are not limited to the following;
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City Council Meeting of January 9, 2023
Acceptance of Work — Wilson III Basin Project Phase 1 B Improvements — Project No. 10879
1) The developable pad located adjacent to Bryant Street (estimated 2017 appraised value of $1,310,000) is identified in the Oak Glen Creek Specific Plan (Specific Plan) as an "Innovation District" land use, and is currently owned by the City. As a follow up to recent interest from the Inland Empire Conservation District (IERCD) to purchase and develop an office/education center at this location, staff will continue to work with IERCD to finalize this purchase process. If this sale and development does not move forward with IERCD, staff will return to City Council to seek input regarding the sale and development of the property to another entity. Current permitted uses as defined in the Specific Plan for Innovation District could include developments such as educational facilities, government facilities, museums, and limited industrial/commercial uses; and 2) Surplus property acquired from the County of San Bernardino Flood Control District for the overall project is identified in the Specific Plan as a Residential District. The surplus property east of 2nd Street is being developed by Woodside Homes, and the property west of 2°d Street has yet to be sold for a future development. The value of this property (estimated 2018 appraised value of $1,090,000) represents another potential revenue source for future phases of construction; and 3) Staff has also been coordinating with Western Heights Water Company (WHWC) with respect to the proposed groundwater recharge areas identified in the future phases of construction.
Based on the benefits to WHWC with these improvements in place, WHWC has indicated an interest in providing financial participation to help fund the construction of these future improvements. As discussions with WHWC continue, staff will return to City Council in the near future with an update regarding their potential financial participation.
In addition to the flood control, water quality, habitat preservation, passive recreation, and groundwater recharge benefits, the Project also represents significant enhancements to the quality of life with the improvements that result in improved vehicular emergency access, access and connectivity of the local/regional trail networks, park amenities, and overall enhanced public safety.
Attachments: Notice of Completion
Project Benefit Exhibits
Approved by: i
110
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. 10879
WILSON III BASIN PROJECT PHASE 1B IMPROVEMENTS
for the City of Yucaipa was completed and accepted by the City of Yucaipa on the 9th day of January 2023.
The said work was performed by 1-133 Enterprises Inc. of Lakeside, CA in accordance with the terms of the written agreement dated the 27th day of September 2021.
Dated January 9, 2023
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 9th day of January 2023, by Fermin G. Preciado, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Date
Kimberly J. Metzler, City Clerk
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115
Dunlap Area 1969 Flood
1 ar : ac �•:ay- -I uns of nwd moved from D: vics Canyon un the South side of Pisgah Peak after the land rushed f s,vuration point. The mud moved into WlldwUOd Crayon during the Flood and sonW of it ended in Loma Linda, nlong with chicken coops and anything else in its way. The waves of mud were well At the beginning ofthevallcy:,devasmtingFchruary 1969 flood, Dunlap Elementary School operated over 10 feet high. In thi, photograph, Bop Bise is the nuu} on the right inspecting the damage. as a disaster. cenrer. After the 100-hour dclugc sent dchrisleden mud and water knocking dawn fences ❑nd dewastming the campus, refugees were nwved up to the Yucaipa Intermediate School j In this photograph, Cooper's Trailer Court at Fourteenth Street and Dunlap Botdevard is inundated by floodwater before it reached Wilson Creek. The hanks collapsed, leaving one trailer perched precariously on the edge of the chnnnel. Midat•ny Trailer Pnrk on Avcnuc G, however, was spared The torrents, shown here at Twelfth Street and Avcnuc E, grew worse as the day wore on. Some as the flood torrent re-entered Widdwood Creek just below Sixth Place, Ultimately, rile storm homes ecre inunJoteJ with several feet ul mud. The California Hi hoop Patrol closed the frceaval'• I ended and the cleanup began. No lives were lost, but it woUld be 25 pears hefore the flood control 116
Dunlap Area 1969 Flood
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Figure 9— Flooded trailer park downstream of Dunlap Boulevard showing floodwaters returning to the Wilson Creek channel.
Figure 10— Wilson Creek channel upstream of Dunlap Boulevard showing eroded levees, a levee break and flooded overbank areas.
Figure 11 — The northside of Dunlap Acres Elementary School showing the debris remaining after the flood. The debris was as deep as six feet.
Figure 12 — The southside of the Dunlap
Acres School indicating the debris depth after
flooding.
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