CITY OF
AGENDA REPORT
DATE: January 27, 2025
Item No. 3
TO: Honorable Mayor and City Council
FROM: Fermin Preciado, Director of Development Services/City Engineery.�_ Landon Kern, Assistant City Engineer 44(
Crystal Campbell, Associate Engineer CC,
SUBJECT: Agreement Amendment — American Rescue Plan Act — Coronavirus State and Local Fiscal Recovery Fund Contract with County of San Bernardino RECOMMENDATION:
That the City Council approve and authorize the City Manager to execute Amendment No. 1 to the contract with the County of San Bernardino for the American Rescue Plan Act Funding for the Upper Wildwood Creek Basin Project, extending the deadline for award of the construction contract to June 30, 2025.
BACKGROUND/DISCUSSION:
The Upper Wildwood Creek Basin Project (Project) is identified in the City's Master Plan of Drainage (MPD) Update, adopted in 2012, for a local flood control and detention basin facility for the Wildwood Creek drainage system. The Project is intended to provide multiple benefits including flood protection, groundwater recharge opportunities and erosion/sediment control within Wildwood Creek. The Project is proposed to be a flow -through retention/detention basin with an estimated storm water capacity of 25 acre-feet. In addition, the Project will reduce erosion, sedimentation and downstream flooding along Wildwood Creek thus providing additional protection for the existing native habitat (specifically oak trees) along Wildwood Canyon Road, Wildwood Canyon City Park, and other private and public properties.
The American Rescue Plan Act (ARPA) was signed into law and established a $350 billion Coronavirus State and Local Fiscal Recovery Fund Program to distribute much needed resources to state and local governments throughout the nation. Of that amount, San Bernardino County was allocated $423.5 million, creating an unprecedented opportunity to not only rebuild from the pandemic, but to immediately invest in transformative public service projects that would otherwise remain unfunded. On June 8, 2021 (amended on August 24, 2021), the County's Board of Supervisors took its initial step towards investing the funds by passing the San Bernardino County Local Fiscal Recovery Fund Spending Plan. As part of this plan, $175 million was allocated towards the category of Economic Recovery, which includes "funds to be used for investing in water and sewer infrastructure needs,...recogniz[ing] the critical role that clean drinking water and services for the collection and treatment of wastewater and storm water play in protecting public health". For San Bernardino County, clean water projects also represent a basic requirement for areas to achieve future economic growth.
After an analysis and evaluation process, San Bernardino County deemed this category of ARPA funding appropriate to help fund the construction of the Upper Wildwood Creek Basin Project.
On July 22, 2022, the City of Yucaipa and the County of San Bernardino executed contract 22-742 (Contract) to administer the terms of the ARPA funding, which intends to fund $880,000 of construction related costs for the Project. Under the terms of the Contract, the deadline for the City to award a construction contract was December 31, 2024. In October 2024, staff advertised the project for construction bids. Bids were received and opened on November 5, 2024. The construction bids were substantially higher than estimated. After an initial review of the bids, staff reached out to San Bernardino County to explore the City's options related to the construction award deadline. In response, the County has drafted an amended contract that extends the construction contract deadline to June 30, 2025. City staff is recommending this extended deadline to provide additional time for staff to review the construction bids and available overall funding currently allocated to the Project, and return to City Council in the near future with options available for moving forward with the construction of the Project.
FISCAL IMPACT:
Authorization of this Contract amendment will extend the period of performance to June 30, 2025 allowing the City to continue the Project, resulting in no fiscal impact. Should the City Council decline to authorize the proposed contract amendment, the Project funding will be reduced by $880,000.
Attachments:
1. Amendment No. 1 to Contract between San Bernardino County and the City of Yucaipa related to the ARPA and the Coronavirus Local Fiscal Recovery Fund for the Upper Wildwood Creek Basin Project
Approved by: ���—
ATTACHMENT 1
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY
SAN BERNARDINO
COUNTY
Contract Number
22-742 Al
SAP Number
ARPA21-PRJC-009-YUC
County Administrative Office
Department Contract Representative
Telephone Number
Contractor
Contractor Representative
Telephone Number
Contract Term
Original Contract Amount
Amendment Amount
Total Contract Amount
Cost Center
Grant Number (if applicable)
Matthew Erickson,
County Chief Financial Officer
(909) 387-5423
City of Yucaipa
UEI No. QVUWF3WJ3QF8
Landon Kern, P.E
(909) 797-2489
July 12, 2022 through December
31, 2026
Based on actual project costs not to
exceed $880,000
Based on actual project costs not to
exceed $880,000
1100931078
AMENDMENT NO. 1 TO CONTRACT BETWEEN SAN BERNARDINO COUNTY AND THE CITY
OF YUCAIPA RELATED TO THE AMERICAN RESCUE PLAN ACT AND THE CORONAVIRUS
LOCAL FISCAL RECOVERY FUND
WHEREAS, on July 22, 2022, the San Bernardino County (County) Chief Executive Officer executed a Contract 22-742 (Contract) with the City of Yucaipa (City or Contractor) to transfer funds from American Rescue Plan Act (ARPA) Coronavirus State and Local Fiscal Recovery Fund (CLFRF), Assistance Listing Number: 21.027/Federal Assistance Identification Number: SLFRP-0154, in the not - to -exceed amount of $880,000 for expenditures identified in Exhibit "A" of the Contract; and WHEREAS, on August 9, 2022 (Item No. 19), the Board of Supervisor (Board) ratified approval of the Contract with the Contractor to fund the projected expenditures identified in Exhibit "A" of the Contract regarding the Upper Wildwood Creek Basin Project; and
Standard Contract Page 1 of 7
WHEREAS, County and Contractor desire to amend the ARPA CLFRF obligation deadline from December 31, 2024 to June 30, 2025; and
WHEREAS, County and Contractor agree to amend the Contract, including the terms and conditions included in Exhibit "A" as stated below.
OPERATIVE PROVISIONS OF AMENDMENT NO. 1
NOW, THEREFORE, County and Contractor mutually agree as follows:
Effective February 25, 2025, Contract No. 22-742 is hereby amended as follows:
1. Replace Section 1.13 of the Contract in its entirety with the following:
1. THE ARPA CLFRF
B. Contractor certifies that the use of funds that will be submitted for reimbursement from the CLFRF under Paragraph 1.A. and Exhibit "A-1" of this Contract will be used only to cover those costs that: i) are related to infrastructure — water and sewer eligible use; and ii) were incurred during the period that begins July 12, 2022, and will end June 30, 2025. For purposes of this Contract and pursuant to federal guidance, expended or obligated costs are costs incurred by Contractor during the time period referenced above that are allowable for reimbursement. Any cost obligated by Contractor as of June 30, 2025, must be expended by December 31, 2026, to meet the eligible costs timeframe as defined by the United States Department of the Treasury.
2. Replace Section 4 of the Contract in its entirety with the following:
4. TERM OF CONTRACT
This Contract is effective as of July 12, 2022 (Effective Date), requires all incurred obligations by June 30, 2025, and expires on December 31, 2026, but may be terminated earlier in accordance with the provisions of this Contract.
3. Replace Exhibit "A" with Exhibit "A-1" that includes the following: "Not -to -exceed amount of expenditures described in 1 above, obligated during the period of July 12, 2022 and June 30, 2025 and expended on or before December 31, 2026 is $880,000."
4. This Amendment No. 1 (Amendment) to Contract No. 24-368 may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Amendment. The parties shall be entitled to sign and transmit an electronic signature of this Amendment (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Amendment upon request.
5. All other terms and conditions of the Contract, as amended, shall remain in full force and effect as written.
Revised 7/1/24 Page 2 of 7
SAN BERNARDINO COUNTY
d
City of Yucaipa
(Print or type name of corporation, company, contractor, etc.) By 0-
Dawn Rowe, Chair, Board of Supervisors
Dated: Name
SIGNED AND CERTIFIED THAT A COPY OF THIS
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title _
Lynna Monell
Clerk of the Board of Supervisors
San Bernardino County
By Dated:
Deputy
Address
FOR COUNTY USE ONLY
Approved as to Legal Form
1111.
County Counsel
Date
(Authorized signature - sign in blue ink)
(Print or type name of person signing contract)
(Print or Type)
Reviewed for Contract Compliance Reviewed/Approved by Department 00� 111N-
Date
Date
Revised 7/1/24
EXHIBIT A-1 — SCOPE OF EXPENDITURES
APPLIES TO AGREEMENT 22-742 (ARPA21-PRJC-009-YUC) BETWEEN SAN BERNARDINO COUNTY
AND CITY OF YUCAIPA RELATED TO THE CORONAVIRUS LOCAL FISCAL RECOVERY FUND FOR
LOCAL GOVERNMENTS
1. The following is the mutually agreed upon scope of expenditures to be funded by the American Rescue Plan Act of 2021 (ARPA) Coronavirus Local Fiscal Recovery Fund (CLFRF) received by San Bernardino County:
The Upper Wildwood Creek Basin Project site is identified in the City's Master Plan of Drainage (MPD) as a suitable location for a local detention basin facility to support the Wildwood Creek drainage system.
The proposed basin project is located south of Wildwood Canyon Road and just east of Oak View Drive in the City of Yucaipa. This segment of the creek has little or no channel improvements, resulting in compromised slopes that continue to erode and deteriorate during and after significant storm events.
Unfortunately, this has led to damages in the surrounding open space environment (Attachment A).
The proposed basin project will not only benefit the surrounding environment by implementing measures to increase erosion and flood control protection within the area, but it will also facilitate groundwater recharge opportunities, improve downstream water quality, and together with other channel improvements and basin projects constructed in recent years, help to protect downstream public and private properties from flooding. The proposed project design is a flow -through retention/detention system; meaning the basin will temporarily store a specified volume of stormwater runoff before it begins to discharge the stormwater at a controlled rate. This proposed basin will have an estimated stormwater capacity of 25 acre-feet (8.1 million gallons) and is anticipated to capture and recharge approximately 250 acre-feet of stormwater during an average rainfall year. The proposed project improvements will help mitigate erosion and flooding along Wildwood Creek which will support the City's work to promote and protect the environmental restoration and enhancements for the existing habitat which consist of native shrubs and several hundred -year -old Oak Trees. Upon completion of this project, the basin will allow for residents and visitors the opportunity to utilize the open space and multi -purpose trail systems available in the Wildwood Canyon area (Attachment B).
However, the proposed Upper Wildwood Creek Basin project has been on hold because of the negative impacts related to the COVID-19 pandemic. The fiscal uncertainty associated with the pandemic not only impacted the City's ability to fund this project, but it also resulted in a reduction of City staff which has negatively impacted the City's ability to implement and deliver this critical infrastructure project. As a result, this has had significant ramifications on the City's efforts to increase groundwater recharge opportunities. Consequently, this has hindered the City's continued efforts to be a more resilient and sustainable as it relates to the community's reliance on the State Water Project. In addition, the pandemic has created an unfortunate recharge deficiency in the community; for example, if the basin had been constructed two years ago, it is estimated that approximately 500 acre-feet of stormwater could have been captured and recharged. That is enough water to supply the annual indoor and outdoor water needs of approximately 500 to 1,000 households in the community (1 acre-foot equals 1-2 households).
Without this proposed project, the City's ability to mitigate and increase flood protection for downstream public and private properties has been negatively impacted. Consequently, this has resulted in public and private property owners remaining within the FEMA Flood Map. Not only does this this effect these property owners' financially, some of whom are in a disadvantaged community, it also obstructs economic development within these areas of the City. Due to the risk and associated cost, these properties are Revised 7/1/24 Page 4 of 7
unfortunately less appealing for commercial, industrial, and residential development. However, this critical infrastructure investment will increase flood protection which will significantly enhance the value, appeal, and integrity of these downstream properties, helping to spur -on economic development.
The Upper Wildwood Creek Basin project will not on
flood protection, but it will also support long-term
recreational opportunities and community amenities,
residents and visitors to enjoy.
ly increase groundwater recharge and strengthen
economic sustainability while creating additional
such as multi -purpose trails and open spaces, for
Attachment A
Revised 7/1/24 Page 5 of 7
Attachment B
2. Not -to -exceed amount of expenditures described in 1, above, obligated during the period of July 12, 2022 and June 30, 2025 and expended on or before December 31, 2026 is $880,000.
3. The following is the list of projected expenditures that will be funded by the CLFRF for the scope identified in 1, above:
Expenditure Type (e.g., Payroll)
Projected Expenditures*
Construction — Rock RipRap Grade Control
Structure
$704,474
Construction —15ft Wide CMB Access Road
$13,954
Construction — Vehicle Turnaround Concrete
Pad
$12,000
Construction — Furnish & Install 48" RCP
$17,100
Construction — Class 'B' Concrete V-Ditch
$41,925
Construction — Right -Turn Pocket
$15,788
Construction — Engineered Backfill
$30,000
Construction — Clearing & Grubbing
$10,000
Construction —Commercial Driveway
Approach
$8,000
Construction —15t Wide CMB Maintenance
Ramp
$8,259
Construction — Class 1 Flexible Post
Delineators
$5,000
Revised 7/1/24 Page 6 of 7
Construction —Junction Structure
$6,000
Construction — SWAPP Prep. &
Implementation
$5,000
Construction — Aft Wide Double Swing Drive
Gate
$2,500
Total Expenditure
$880,000
*Note: Projected expenditures may differ from the actual costs, but a total amount of expenditure shall not exceed the amount as specified in Section 2, above.
4. The Contractor is responsible for ensuring that any procurement using CLFRF funds, or payments under procurement contracts using such funds are consistent with the procurement standards set forth in the Uniform Guidance at Title 2 C.F.R. Sections 200.317 - 200.327, as applicable. The Uniform Guidance establishes in Title 2 C.F.R. Section 200.319 that all procurement transactions for property or services must be conducted in a manner providing full and open competition, consistent with standards outlined in Title 2 C.F.R. Section 200.320. If the full and open procurement is not applicable, provide a reason for its exemption:
Confirmed — No exemption identified.
Revised 7/1/24 Page 7 of 7