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Home My WebLink About08-30 A-1_AmendmentToOakGlenAgreementREPORTIRECOMMENDATION TO THE BOARD OF DIRECTORS OF SAN BERNARDINO COUNTY, CALIFORNIA : ''I * FLOOD CONTROL DISTRICT-"" " .b AND RECORD OF ACTION :s . 7 -'r - , J March 3,2009 ,-.,, I;,:, . - -- , 8 . 7, . : :I I -- - 'I ' ~FROM: VANA R. OLSON, Flood Control Engineer '7 .:u '2 Flood Control District SUBJECT: AMENDMENT NO. 1 TO CONTRACT NO. 08-30 WITH YUCAIPA VALLEY WATER DISTRICT AND CITY OF YUCAIPA FOR OAK GLEN CREEK BASIN IMPROVEMENT PROJECT BACKGROUND INFORMATION The Oak Glen Creek Basin impacts portions of the down stream areas of Oak Glen and Wilson Creeks. The District, WD and the City desire to cooperate in constructing, operating and maintaining the Oak Glen Creek Basin Project. The project will improve flood control and overflow capabilities, passive recreational opportunities, habitat mitigation, and assist the WD in developing adequate groundwater recharge capabilities to meet the future needs of the Yucaipa community. The design and construction of these proposed facilities are intended to reduce the amount of water flow and sediment movement into the downstream areas of Oak Glen and Wilson Creeks. Each party shall be responsible for the partion of facilities located in their respective jurisdictions. -7 ?E yr-.np 74i,&~ On January 8, 2008, the District's Board of Directors approved Agreement No. 08-30 with WD and the City in which the District agreed to provide $1,384,000 for the District's share of construction of the Oak Glen Creek Basin lmprovement Project. This proposed Amendment No. 1 to the agreement for additional funding in the amount of $500,000 increases the District's participation and allows for the removal of approximately 60,000 cubic yards of material to complete the project per the plans and specifications. Additional project funding in the amount of $500,000 from the District was approved by the Flood Control Zone 3 Advisory Committee. RECOMMENDATION(S) Approve Amendment No. 1 to Agreement No. 08-30 with the Yucaipa Valley Water District (WD) and the City of Yucaipa (CITY) in which the San Bernardino County Flood Control District (District) will provide an additional $500,000 (from $1,384,000 to $1,884,000) for increased costs related to construction of the Oak Glen Creek Basin lmprovement Project. (Affected District: Third) (Presenter: Vana R. Olson, Flood Control Engineer, 387-7906) Page I of 2 cc: DPW-Walker wl agree I Record of Action of the Board of Directors Contractor do DPW wl agree ^.-ditor-Acct Pay Mgr wl agree riculurn c/o Risk Mgrnt w/ agree File - wl agree jll 03106L2009 AGREEMENT N0.0830 A1 ITEM 047 APP 8 .- BOARD OF DIRECTORS AMENDMENT NO. 1 TO CONTRACT,NO. 08-30WITH YUCAIPA VALLEY WATER DISTRICT AND CITY OF YUCAIPA FO.R OAK GLEN CREEK BASIN IMPROVEMENT PROJECT MARCH 3,2009 PAGE 2 OF 2 FINANCIAL IMPACT The total estimated cost for this project is now $6,214,000. The total amount of the Distrjct's cash contribution towards construction of the project is revised from $1,384,000 to $1,884,000. The additional $500,000 provided by the District through this Amendment No. 1 will be financed with funds available in the District's FY 2008i09 Zone 3 budget (RFL 093 093 200 2445 14F02210). The District will pay the City on a reimbursement bssis affer receipt of an itemized statement. The City is the lead agency for this project. REVIEW BY OTHERS This item has been reviewed by County Counsel (Scott M. Runyan, Deputy Csunty Counsel, 387- 9022) on October 30, 2008; Risk Management (John Eisel, Risk Management Assessment Officer, 386-9024) on October 29, 2008; County Administrative Officer (Tom Forster, Administrative Analyst, 387-4635) on February 19, 2009. OFFICIAL USE ONLY San Bernardino County Flood Control District FAS STANDARD CONTRACl - X Contract Type Revenue &l Encumbered Unencumbered Other: Public Works 097 097 Flood Control District Representative Telephone Melissa Walker 387-81 20 If not encumbered or revenue contract type, provide reason: Commodity Code Icontract Start i at el Contract End Date 1 Original Amount IAmendment Amoun New Change Cancal Total Contract Amount $1,884,000 Flood Control District Dept. Orgn. THIS AGREEMENT is entered into in the State of California by and between the San Bernardino County Flood Control District, hereinafter called the SBCFCD, and Name City of Yucaipa hereinafter called CITY Address 34272 Yucaipa Blvd Vendor Code Contractor's License No. Yucaipa CA 92399 Telephone Federal ID No. or Social Security No. Fund RFL Name Yucaipa Valley Water District hereinafter called WD Address 12770 Second Street SC ObjlRev Source 2445 Yucaipa CA 92399 Telephone Federal ID No. or Social Security No. 909-797-51 17 Dept. 093 Project Name Oak Glen Basin Improvements IT IS HEREBY AGREED AS FOLLOWS: (Use space below and additional bond sheets. Set forth service to be rendered, amount to be paid, manner of payment, time for performance or completion, determination of satisfactory performance and cause for termination, other terms and conditions, and altach plans, spechkations, and addenda, if any.) De~t. $1,384,000 GRCIPROJNOB No. 14F02210 Estimated Payment Total by Fiscal Year FY Amount IID FY Amount IID 08/09 $500,000 - - - - On January 8, 2008 the Board of Directors approved Agreement No. 08-30 with the City of Yucaipa and the Yucaipa Valley Water District to construct, operate, and maintain the Oak Glen Creek Basin Project for the purpose of providing enhanced flood control capabilities, passive recreational opportunities, habitat mitigation, and assisting the WD in developing adequate groundwater recharge capabilities to meet the future needs of the Yucaipa community. $500,000 Amount $500,000 Organization 093 This Amendment No. 1 to Agreement No. 08-30 provides the additional funding needed to cover the costs of construction for the basins. The total additional cost is $500,000 and has been approved by the Flood Control Zone 3 Advisory Committee. A Appr. 200 ~uditor/contro//er-~ecorcler use unly Contract Database FAS Input Date Keyed By Contract Number 08-30 A-I Page 1 of 4 AMENDMENT NO. 1 OAK GLEN CREEK BASINS IMPROVEMENT PROJECT WHEREAS, the PARTIES agree to amend Section 12(c) of the original AGREEMENT No. 08-30 dated January 8, 2008, as follows: The SBCFCD has allocated an additional $500,000 in Fiscal Year 2008-09 for the construction phase of the PROJECT. This amendment increases the flood control contract amount from $1,384,000 to $1,884,000. This AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of all PARTIES. The AGREEMENT may be signed in counterparts, each of which shall constitute an original. All other terms and conditions of the original AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, this AGREEMENT Amendment No. 1 has been fully executed on behalf of the San Bernardino County Flood Control District, the Yucaipa Valley Water District, and the City of Yucaipa by their duly authorized representatives. SAN BERNARDINO COUNTY Dated: -m08& SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD Date I Date 1 Date t /O 05 I Oak Glen Creek Basin-Amend Page 2 of 4 AMENDMENT NO. 1 OAK GLEN CREEK BASINS IMPROVEMENT PROJECT IN WITNESS WHEREOF, this AGREEMENT Amendment No. 1 has been fully executed on behalf of the San Bernardino County Flood Control District, the Yucaipa Valley Water District, and the City of Yucaipa by their duly authorized representatives. YUCAIPA VALLEY WAJER DISTRICT ny, contractor, etc.) I fam'e"fl,Ml~d@l~~ Jay Bwll (Print or type name of person signing contract) Title President. Board of Directors (Print or Type) Dated: 02/04/2009 Address 12770 Second Street Yucai~a CA 92399 b Legal Counsel Notary I' Approved as to Legal Form Date I Date Attested by Notary Oak Glen Creek Basin-Amend Page 3 of 4 AMENDMENT NO. 1 OAK GLEN CREEK BASINS IMPROVEMENT PROJECT IN WITNESS WHEREOF, this AGREEMENT Amendment No. 1 has been fully executed on behalf of the San Bernardino County Flood Control District, the Yucaipa Valley Water District, and the City of Yucaipa by their duly authorized representatives. CITY OF YUCAIPA By its Authorized Representatives: Dick Riddell, Mayor Date General ~ervidsl City Clerk City of Yucaipa APPROVED AS TO FORM: &f City Attorney Date City of Yucaipa APPROVED AS TO CONTENT: Greg Franklin Date Administrative Services Officer City of Yucaipa Date /2/50)0 y William Hemsley, Date Director of Public WorksICity Engineer Oak Glen Creek Basin-Amend Page 4 of 4