HomeMy WebLinkAboutMINUTES - 09231997 - C11A-B TO:- BOARD OF SUPERVISORS, AS GOVERNING BOARD OF CONTRA COSTA COUNTY AND
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: SEPTEMBER 23, 1997
SUBJECT: APPROVE AND AUTHORIZE THE CHIEF ENGINEER TO EXECUTE AN AGREEMENT
WITH THE STATE DEPARTMENT OF WATER RESOURCES AND THE SOUTHWEST
COALITION TO RESTORE URBAN WATERS (STATE AGREEMENT NO. V-70010) FOR AN
URBAN STREAM RESTORATION PROGRAM GRANT TO ENHANCE FISH PASSAGE IN
WILDCAT CREEK, RICHMOND AREA.
Project No.: 7527-6138615
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Chief Engineer to execute an agreement with the State Department of
Water Resources and the Southwest Coalition to Restore Urban Waters (State Agreement No. V-70010) for
an Urban Stream Restoration Program Grant for the development and construction of a project that will
modify the U.S. Army Corps of Engineers' Wildcat Creek project to enhance fish passage.
/� �
Continued on Attachment: x SIGNATURE:
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S):
ACTION OF BOARD ON 9 -A3 -9 APPROVED AS RECOMMENDED OTHER
VOCE OF SUPERVISORS
,/ UNANIMOUS(ABSENT
AYES: NOES:
ABSENT: ABSTAIN:
MB:cI
g:\fldctl\fcbo\bo92397a 0 hereby Cet*that this Is a true and correct Copy of
Orig.Div:Public Works(Flood Control) an action taken and entered on the n'nutes of the
Board of SC7:Y. .^s::i? -. .Sown.
Contact: Mark Boucher(313-2278) J wT /�J
a2 /
c: J.M.Watford,Chief Engineer ATTESTED: -3 1 ?7
PHIL'3AT HELOR,Cork cf the
boa
rd
State Department of Water Resources(via PWD) of Supervisors and Counrl Administrator
C.Kutsuris,CDD _
A.Riley,Southwest Coalition to Restore Urban Waters(viaPWD) f� Oepuly
SUBJECT: APPROVE AND AUTHORIZE THE CHIEF ENGINEER TO EXECUTE AN AGREEMENT
WITH THE STATE DEPARTMENT OF WATER RESOURCES AND THE SOUTHWEST
COALITION TO RESTORE URBAN WATERS (STATE AGREEMENT NO. V-70010)FOR AN
URBAN STREAM RESTORATION PROGRAM GRANT TO ENHANCE FISH PASSAGE IN
WILDCAT CREEK, RICHMOND AREA.
Project No.: 7527-6D8615
DATE: SEPTEMBER 23, 1997
PAGE 2
H. Financial Impact:
None. The $95,000 grant provides$15,000 to the District and$15,000 to the Southwest Coalition to Restore
Urban Waters to participate in the development of a project to modify Wildcat Creek to enhance fish passage.
The Southwest Coalition to Restore Urban Waters, secured the grant that also provides $65,000 for project
implementation, including final design and construction.
III. Reasons for Recommendations and Background:
After the first two years of operation, the sedimentation basin low flow channel and fish ladder are not
functioning as intended. Therefore, on August 6, 1997 the Board adopted Resolution No. 96/351 requesting
that the Corps of Engineers redesign the sedimentation basin and fish ladder on Wildcat Creek to provide a
separate fish passage channel though the sedimentation basin. In September of 1996, Supervisor Rogers
requested the reformation of the Wildcat and San Pablo Design Team (Design Team) to address the
sedimentation basin design regarding fish passage and other issues. The Southwest Coalition to Restore
Urban Waters is represented in the design team and has secured the grant from the Department of Water
Resources. The grant will provide $30,000 in funding for development of a proposal that will be submitted
for review and ultimate funding though the Corps of Engineer's Section 1135 Program (Project Modification
for Improvement of the Environment). The grant also provides $65,000 toward a local match for the
implementation of the plan including final design and construction.
The agreement with the State Department of Water Resources does not define the liability and financial
relationship between the Southwest Coalition to Restore Urban Waters and the District. Therefore, a
separate contract with the Southwest Coalition to Restore Urban Waters is needed to supplement the State
agreement. The agreement and contract are being processed concurrently because they are dependant on each
other to define the responsibilities of all parties involved.
IV. Consequences of Negative Action:
If not executed,there would be a loss of a Urban Stream Restoration Program Grant for developing a project
to address the fish passage problems in the Wildcat Creek sedimentation basin and upstream fish ladder.
i
TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD OF CONTRA COSTA COUNTY AND
CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: SEPTEMBER 23, 1997
SUBJECT: APPROVE AND AUTHORIZE THE CHIEF ENGINEER TO EXECUTE A CONTRACT WITH
THE SOUTHWEST COALITION TO RESTORE URBAN WATERS THAT DEFINES THE
AGENCIES' RELATIONSHIP AS THEY SHARE IN A STATE GRANT TO ENHANCE FISH
PASSAGE IN WILDCAT CREEK, RICHMOND AREA.
Project No.: 7527-6D8615
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Chief Engineer to execute a contract with the Southwest Coalition to
Restore Urban Waters dated September 23, 1997 that clarifies the District's relationship with the Southwest
Coalition to Restore Urban Waters so they can share in a grant from the State Department of Water
Resources to enhance fish passage in Wildcat Creek.
Continued on Attachment: x SIGNATURE: l ez
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON 9 - 3 - Q 7 APPROVED AS RECOMMENDED,OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
MB:cI C hereby cerflryr that the Is a true and correet copy of
g:\fldctl\fcbo\bo92397b an action taken and entered on the minutes of the
Board of Supe tsors ont. nm.
Orig.Div:Public Works(Flood Control) ATTESTED: 3 /qq 7
Contact: Mark Boucher(313-2278) PHIL OA HELOR,Gtartr-t tce Ceer
c: J.M.Watford,Chief Engineer of Supervisors and County P.dministrator
State Department of Water Resources(via PWD)
C.Kutsuris,CDDpeps
A.Riley,Southwest Coalition to Restore Urban Waters(viaPWD)
SUBJECT: APPROVE AND AUTHORIZE THE CHIEF ENGINEER TO EXECUTE A CONTRACT WITH
THE SOUTHWEST COALITION TO RESTORE URBAN WATERS WHICH DEFINES THE
THE AGANCIES' RELATIONSHIP AS THEY SHARE IN A STATE GRANT TO ENHANCE
FISH PASSAGE IN WILDCAT CREEK, RICHMOND AREA.
Project No.: 7527-6D8615
DATE: SEPTEMBER 23, 1997
PAGE 2
H. Financial Impact:
None. The contract defines the responsibilities of the District and the Southwest Coalition to Restore Urban
Waters as they share in a $95,000 grant from the State. The grant provides $15,000 to the District and
$15,000 to the Southwest Coalition to Restore Urban Waters to participate in the development of a project
to modify the Wildcat Creek sedimentation basin and upstream fish ladder. The Southwest Coalition to
Restore Urban Waters, secured the grant that also provides $65,000 for project implementation, including
final design and construction.
M. Reasons for Recommendations and Background:
After the first two years of operation, the sedimentation basin low flow channel and fish ladder are not
functioning as intended. Therefore, on August 6, 1997 the Board adopted Resolution No. 96/351 requesting
the Corps of Engineers to redesign the sedimentation basin and fish ladder on Wildcat Creek to provide a
separate fish passage channel though the sedimentation basin. In September of 1996, Supervisor Rogers
requested the reformation of the Wildcat and San Pablo Design Team (Design Team) to address the
sedimentation basin design regarding fish passage and other issues. The Southwest Coalition to Restore
Urban Waters is represented in the design team and has secured the grant from the Department of Water
Resources. The grant will provide $30,000 in funding for development of a proposal that will be submitted
for review and ultimate funding though the Corps of Engineer's Section 1135 Program(Project Modification
for Improvement of the Environment). The grant also provides $65,000 toward a local match for the
implementation of the plan including final design and construction.
The agreement with the State Department of Water Resources does not define the liability and financial
relationship between the Southwest Coalition to Restore Urban Waters and the District. Therefore, the
District needs the contract with the Southwest Coalition to Restore Urban Waters to supplement the State
agreement. The agreement and contract are being processed concurrently because they are dependant on each
other to define the responsibilities of all parties involved.
IV. Consequences of Negative Action:
Loss of Urban Stream Restoration Program Grant for developing a project to address the fish passage
problems in the Wildcat Creek sedimentation basin and upstream fish ladder.
CONTRACT SP1. Zai 119
CONTRA COSTA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
AND
SOUTHWEST COALITION TO RESTORE URBAN WATERS
1. DATE AND PARTIES: Effective on 44./, !9q7 , Contra Costa County Flood
Control and Water Conservation District, a political subdivision of the State of
California, hereinafter called "DISTRICT," and the Southwest Coalition to Restore
Urban Waters, hereinafter called "COALITION," mutually agree and promise as follows.
2. PURPOSE AND SCOPE OF WORK: COALITION has secured an Urban Creek
Restoration Program Grant from the Department of Water Resources of the State of
California, hereinafter called "State." COALITION and DISTRICT are co-grantees in
State Agreement No. V-70010 that provides funding for a Work Plan, hereinafter called
"the PROJECT," detailed in the State Agreement. This Contract establishes the
relationship and responsibilities between COALITION and DISTRICT for cooperation
under the State Agreement.
After completion by the U.S. Army Corps of Engineers, hereinafter called the "the
Corps," the Wildcat Creek sedimentation basin low flow channel and fish ladder are not
functioning properly to provide fish passage. On August 6, 1996, the Contra Costa
County Board of Supervisors adopted Resolution No. 96/351, requesting that the Corps
redesign the sedimentation basin and fish ladder on Wildcat Creek. In September 1996
Supervisor Rogers requested the reformation of the Wildcat Creek and San Pablo
Creek Design Team, hereinafter called "the Design Team," to address the
sedimentation basin design regarding fish passage and other issues. DISTRICT and
COALITION are represented on the Design Team.
The PROJECT includes the following: identifying alternatives including the evaluation
of the impacts on flood control performance, efficient sediment catchment and
transport, and other multi-objective functions of each alternative; alternative analysis
and selection; preparing a proposal to the Corps recommending the preferred
alternative for redesigning portions of the Wildcat Creek fish ladder, sedimentation
basin, and channel to provide for improved fish migration; and design and construction
of the preferred alternative.
The grant provides $15,000 to DISTRICT and $15,000 to COALITION for developing,
coordinating, and presenting a redesign proposal to the Corps. The grant provides
$65,000 toward implementation of the proposal, including final design and construction.
It is anticipated that the project will qualify for additional funds through the Corps'
Section 1135 Program (Project Modification for Improvement of the Environment).
1
3. METHOD:
(a) DISTRICT shall perform the following activities:
1. Cooperate with COALITION in fulfilling DISTRICT's responsibilities set
forth in State Agreement No. V-70010.
2. Submit invoices and necessary backup information for eligible costs to
COALITION on a periodic basis as approved by State.
(b) COALITION shall perform the following activities:
1. Cooperate with DISTRICT in fulfilling COALITION's responsibilities set
forth in State Agreement No. V-70010.
2. COALITION shall submit to State all invoices and necessary backup
information received from DISTRICT and provide DISTRICT with copies
of all invoices when submitted to State by COALITION for payment on
a periodic basis as approved by State.
3. COALITION shall, within thirty (30) days of receipt of payment from
State, reimburse DISTRICT's portion of payment.
4. FINANCIAL RESPONSIBILITY:
r
(a) Grant payments to DISTRICT shall not exceed $15,000.
(b) Grant payments to COALITION shall not exceed $15,000.
(c) If DISTRICT costs are less than $15,000, DISTRICT may, by written consent
to COALITION, release remaining funds to be used with the $65,000 for project
implementation as allowed in State Agreement No. V-70010.
(d) If COALITION costs are less than $15,000. COALITION may, by written consent
to DISTRICT, release remaining funds to be used with the $65,000 for project
implementation as allowed in State Agreement No. V-70010.
(e) DISTRICT and COALITION shall only use the funds in accordance with the
State Agreement No. V-70010.
(f) DISTRICT and COALITION shall preserve financial records related to the grant
for a period of three (3) years after final payment for the purposes of
examination and audit as required in State Agreement V-70010.
2
5. INSURANCE AND HOLD HARMLESS:
(a) The consulting and/or contract documents or agreements entered into by
COALITION for the PROJECT shall include provisions requiring the contractor,
consultant, or other parties to provide insurance and indemnification naming
DISTRICT and its officers and employees to the same extent as COALITION
and its officers and employees.
(b) The consulting and/or contract documents or agreements entered into by
DISTRICT for the PROJECT shall include provisions requiring the contractor,
consultant, or other parties to provide insurance and indemnification naming
COALITION and its officers and employees to the same extent as DISTRICT
and its officers and employees.
(c) Neither DISTRICT, nor any officer or employee thereof, shall be responsible for
any damage or liability occurring by reason of anything done or omitted to be
done by COALITION in connection with any work delegated to COALITION
under this Contract and, to the extent not covered by the above described
insurance and indemnification, COALITION shall defend, indemnify, save, and
hold harmless DISTRICT and its officers and employees against the same.
(d) Neither COALITION, nor any officer or employee thereof, shall be responsible
for any damage or liability occurring by reason of anything done or omitted to be
done by DISTRICT in connection with any work delegated to DISTRICT under
this Contract and, to the extent not covered by the above described insurance
and indemnification, DISTRICT shall defend, indemnify, save, and hold harmless
COALITION and its officers and employees against the same.
(e) Nothing in this Contract is intended to affect the legal liability of either party to
third parties by imposing any standard of care different from that normally
imposed by law.
(f) COALITION acknowledges that entry into a construction or maintenance area
as required to accomplish the PROJECT carries with it a certain risk and
agrees to release, indemnify, and hold harmless DISTRICT and its officers and
employees from any liability for death of, or injury to, COALITION's
representative(s) while present in the DISTRICT's construction or maintenance
area during any construction or maintenance activity, except for liability resulting
from the sole negligence or willful misconduct of DISTRICT. COALITION shall
notify DISTRICT when COALITION representative(s) will be entering DISTRICT
construction or maintenance area for any purpose.
6. CONTRACT MODIFICATION: This Contract shall be subject to modification only by the
written consent of both parties.
3
7. CONTRACT TERMINATION: This Contract shall terminate upon termination of State
Agreement V-70010. The provisions of section 5(c) and 5(d) of this Contract shall
survive any termination of this Contract.
8. INDEPENDENT CONTRACTOR STATUS: This Contract is by and between two
independent contractors and is not intended to and shall not be construed to create the
relationship between the parties of agent, servant, employee, partnership, joint venture,
or association.
y
9. ENTIRE CONTRACT: This Contract contains the entire understanding of the parties
relating to the subject matter of this Contract. Any representation or promise of the
parties shall not be enforceable unless it is contained in this Contract or in a
subsequent written modification of the Contract executed by both parties.
CONTRA COSTA COUNTY FLOOD SOUTHWEST COALITION TO
CONTROL & WATER CONSERVATION RESTORE URBAN'WATERS
DISTRICT
By.=- __ By
hief Engine Richard Elefant, Vice President
FORM APPROVED:
C - W
By: V'kk�y
YY,
Lillie Mae Jo es, T asurer
MB:
g:\fl d ctl\c o a l a g r.wp d
September 18, 1997
4