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HomeMy WebLinkAboutMINUTES - 12071993 - 1.168 �✓fir'' DEPARTMENT OF THE ARMY J SAN FRANCISCO DISTRICT, CORPS OF ENGINEERS 211 MAIN STREET SAN FRANCISCO, CALIFORNIA 94105 19.05 28 October 1993 Construction-Operations Division RECEIVED .� . Mr. Tom Torlakson ' Chair, Board of Supervisors NOV •- 8 1993 Contra Costa County 651 Pine St. , Room 106 CLERK BOARD OF SUPERVISORS Martinez, California 94553-1290 CONTRA COSTA CO. Dear Mr. Torlakson: The purpose of this letter is to exchange information necessary to meet your maintenance dredging requirements in a timely manner and to initiate the transfer of local sponsorship to Contra Costa County. The Fiscal Year 1994 maintenance dredging schedule for New York Slough is shown below for your information and usage. Enclosed is a proposed Project Cooperation Agreement between the United States of America and the County of Contra Costa. Please note in Paragraph c. under Article II of the proposed agreement the Local Sponsor, Contra Costa County, is responsible for providing a . suitable disposal site for the dredged material . The disposal area and containment structures shall be designed and constructed to meet the water discharge requirements of the California Regional Water Quality Control Board. Based on our historical records, we recommend that you provide capacity to accommodate approximately 100,000 cubic yards of in-place material . To provide the necessary assurances, the Corps requests that you submit the following for the Corps of Engineers review and comments . a. Inspection of the disposal area dikes by your Office to be accompanied by a representative from our Office, should be scheduled to assure their integrity so that corrective measures, if any, can be implemented prior to contract award. b. The design of the disposal area to include but not be limited to: the weir(s) and the leeves, including the design criteria, water quality and materials testing, and analysis used to formulate the design. C. A drawing which depicts the prepared disposal area. The drawing(s) should include a plan view of the disposal area, cross sections at 50-foot intervals showing floor elevations within the area, before and after construction, along with 'inside and outside dike slopes, weir size(s) and location(s) . -2- d. The holding capacity and concentration time of the disposal area computed by a registered, professional engineer or licensed surveyor. e. A schedule which indicates when disposal area preparation will be completed. f. All Corps of Engineers comments shall be considered by Contra Costa County prior to use of the disposal structure for disposal of materials in this project. Please provide the requested information to this office not later than May 7, 1993, so that we can maintain the schedule shown below. Please contact Marc McGovern of my staff, (415) 744-3295, if you have any questions or require further information. FY 1994 SCHEDULE Task Completion Condition Survey 07 March 1994 Plans & Specifications 23 May 1994 Invitation for Bids 07 June 1994 RWQCB Certification 23 June 1994 Open Bids 07 July 1994 Award Contract 15 July 1994 Notice to Proceed 22 July 1994 Complete Contract 22 Sept 1994 Sincerely, Leonard E. Cardoza Lieutenant Colonel, Corps of Enginners District Engineer Copy furnished: Roberta Goulart, Contra Costa County, 4th Floor of North Wing D-R-A-F=T PROJECT COOPERATION AGREEMENT BETWEEN ti THE DEPARTMENT OF THE ARMY AND CONTRA COSTA COUNTY FOR MAINTENANCE OF THE NEW YORK SLOUGH NAVIGATION CHANNEL 28 October 1993 THIS AGREEMENT, entered into this day of , 19_, by and between the DEPARTMENT OF THE ARMY (hereinafter referred to as the "Government") , acting by and through the Assistant Secretary of the Army (Civil Works) , and Contra Costa County (hereinafter referred to as the "Local Sponsor") , acting by and through Chairman of the Board of Supervisors, Contra Costa County. WITNESSETH, THAT: WHEREAS, construction of the New York Slough Navigation Channel at Contra Costa County, Channel Station 733+45.27 to Channel Station 965+47.50 (San Francisco District - Sacramento District Jurisdictional Line) (hereinafter referred to as the "Project") , as defined in Article I.a. of this Agreement, was authorized by the River and Harbor Act on 1965 (Public Law 89-298) , 89th Congress, 1st Session; and, WHEREAS, construction of the Project was completed in 1986; and, WHEREAS, maintenance of the Project was the responsibility of the Corps of Engineers, Sacramento District, and the Port of Stockton under an Agreement dated May, 1982; and, WHEREAS, the Corps of Engineers, Port of Stockton and the Local Sponsor now desire that local sponsorship of maintenance of this channel be transferred from the Port of Stockton to the Local Sponsor; and, WHEREAS, Section 101 of the Water Resources Development Act of 1986, Public Law 99-662 as amended, specifies the cost-sharing requirements applicable to the Project; and, WHEREAS, Section 221 of the Flood Control Act of 1970, Public Law 91-611, as amended, provides that the maintenance of any water resources project by the Secretary of the Army shall not be commenced until each non-Federal interest has entered into a written agreement to furnish its required cooperation for the project; and, WHEREAS, the Local Sponsor has the authority and capability to furnish the cooperation hereinafter set forth and is willing to participate in cost-sharing and financing in accordance with the terms of this Agreement; NOW, THEREFORE, the parties agree as follows: ARTICLE I - DEFINITIONS AND GENERAL PROVISIONS For purposes. of this Agreement: Draft - 1 a. The term "general navigation features of the Project" shall mean the New York Slough Channel, STA 733+45 .27 to STA 965+47 .50, maintained to a depth of 35 feet below MLLW (excluding overdepth dredging) and a channel width of 400 feet. b. The term "total cost of maintenance dredging of general navigation features assigned to commercial navigation" shall mean all costs incurred by the Local Sponsor and the Government directly related to maintenance dredging of the general navigation features of the Project. Such costs shall include, but not necessarily be limited to, continuing planning and engineering costs incurred after October 1, 1985; costs of applicable engineering and design; actual construction costs, including costs of relocations not performed by or on behalf of the Local Sponsor; supervision and administration costs; and costs of contract dispute settlements or awards, but shall not include the value of lands, easements, rights-of-way, relocations, and dredged material disposal areas performed by or on behalf of the Local Sponsor, non-Federal dredging of public or private channels and berthing areas, and aids to navigation. C. The term "period of maintenance dredging" shall mean the time from the advertisement of the maintenance dredging contract to the time of acceptance of the general navigation features of the Project by the Contracting Officer. d. The term "Contracting Officer" shall mean the U.S. Army Engineer for the San Francisco District, or his designee. e. The term "highway" shall mean any highway, thoroughfare, roadway, street, or other public or private road or way. f. The term "relocations" shall mean alterations, modifications, lowering or raising in place, and/or new construction related to but not limited to, existing: railroads, highways, bridges, railroad bridges and approaches thereto, buildings, pipelines, public utilities (such as municipal water and sanitary sewer lines, telephone lines, and storm drains) , aerial utilities, cemeteries, and other facilities, structures, and improvements determined by the Government to be necessary for the construction, operations and maintenance of the Project. g. The term "fiscal year" shall mean one fiscal year of the United States Government, unless otherwise specifically indicated. The Government fiscal year begins on October 1 and ends on September 30 . h. The term "involuntary acquisition" shall mean the acquisition of lands, easements, and rights-of-way by eminent domain. Draft - 2 ARTICLE II - OBLIGATIONS OF THE PARTIES a. The Government shall operate and maintain the general navigation features of the Project assigned to commercial navigation. b. The Local Sponsor shall provide and maintain, at its own expense, all project features other than those for general navigation., including dredged depths commensurate with those in related general navigation features in berthing areas and local access channels serving the general navigation features. C. The Local Sponsor shall provide, without cost to the Government, all lands, easements, and rights-of-way, including dredged material disposal areas, and perform, or assure performance of, all alterations and relocations of facilities and utilities (except relocations or alterations of highway bridges and railroad bridges and approaches thereto) , determined by the Government to be necessary for operation or maintenance of the Project. ARTICLE III - LANDS, FACILITIES, AND PUBLIC LAW 91-646 RELOCATION ASSISTANCE a. The Local Sponsor shall furnish, without cost to the Government, all lands, easements, and rights-of-way, including suitable borrow and dredged material disposal areas, as may be determined by the Government to be necessary for the operation and maintenance of the Project, and shall furnish to the Government evidence supporting the Local Sponsor's legal authority to grant_ rights-of-way to such lands.. The necessary land, easements, and rights-of-way may be provided incrementally, but all lands, easements, and rights-of-way determined by the Government to be necessary for work to be performed under a construction contract must be furnished prior to the advertisement of the construction contract. b. The Local Sponsor shall provide, or pay to the Government the cost of providing, all retaining dikes, wasteweirs, bulkheads, and embankments, including all monitoring features and stilling basins, determined by the Government to be necessary for operation, or maintenance of the general navigation features of the Project. c. Upon notification from the Government, the Local Sponsor shall accomplish or arrange for accomplishment at no cost to the Government all alterations and relocations of buildings, highways, railroads., storm drains, and other facilities, structures, and improvements, determined by the Government to be necessary for operation, or maintenance of the general navigation features of the Project. Draft - 3 d. Upon notification from the Government, the Local Sponsor shall perform or assure performance of all necessary alterations and relocations of pipelines, cables, and .other utilities . Nothing herein shall be deemed to affect the ability of the Local Sponsor to seek compensation from other non-Federal entities for costs it incurs under this paragraph. e. The Local Sponsor shall comply with the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended by Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100-17 ) , and the Uniform Regulations contained in 49 CFR Part 24, in acquiring lands, easements, and rights-of-way for operation and maintenance of the Project, and inform all affected persons of applicable benefits, policies, and procedures in connection with said Act. ARTICLE IV - MAINTENANCE DREDGING PHASING AND MANAGEMENT a. To provide for consistent and effective communication between the Local Sponsor and the Government during the period of maintenance dredging the Local Sponsor and the Government shall appoint representatives to coordinate on scheduling, plans, specifications, modifications, contract costs, and other matters relating to maintenance of the Project. The Local Sponsor will be informed of any changes in cost estimates . b. The representatives appointed above shall meet as necessary during the period of maintenance dredging and shall make such recommendations as they deem warranted to the Contracting Officer. C. The Contracting officer shall consider the recommendations of the representatives in all matters relating to maintenance of the Project, but the Contracting Officer, having ultimate responsibility for maintenance of .the Project, has complete discretion to accept, reject, modify the recommendations. ARTICLE V - DISPUTES Before any party to this Agreement may bring suit in any court concerning an issue relating to this Agreement, such party must first seek in good faith to resolve the issue through negotiation or other forms of nonbinding alternative dispute resolution mutually acceptable to the parties . ARTICLE VI - OPERATION, MAINTENANCE, REPAIR, REPLACEMENT, AND REHABILITATION a. The Local Sponsor shall operate, maintain, repair, replace, and rehabilitate all project features other than the Draft - 4 general navigation features assigned to commercial navigation in accordance with regulations or directions prescribed by the Government. b. The Government shall operate and maintain the general navigation features assigned to commercial navigation. c. The Local Sponsor hereby gives the Government a right to enter, at reasonable times and in a reasonable manner, upon land which it owns or controls for access to the Project for the purpose of inspection, and, if necessary, for the purpose of operating, maintaining, repairing, replacing, or rehabilitating the Project. If an inspection shows that the Local Sponsor for any reason is failing to fulfill its obligations under this Agreement without receiving prior written approval from the Government, the Government will send written notice to the Local Sponsor. If the Local Sponsor persists in such failure for 30 calendar days after receipt of the notice, then the Government shall have a right to enter, at reasonable times and in a reasonable manner, upon lands the Local Sponsor owns or controls for access to the Project for the purpose of operating, maintaining, repairing, replacing, or rehabilitating the Project. No completion, operation, maintenance, repair, replacement or rehabilitation of the Project by the Government shall operate to relieve the Local Sponsor of responsibility to meet its obligations as set forth in this Agreement, or to preclude the Government from pursuing any other remedy at law or equity to assure faithful performance pursuant to this Agreement. ARTICLE VII -RELEASE OF CLAIMS The Local Sponsor shall hold and save the Government free from all damages arising from the operation, and maintenance of the Project, except for damages due to the fault or negligence of the Government or its contractors . ARTICLE VIII - FEDERAL AND STATE LAWS In acting under its rights and obligations hereunder, the Local Sponsor agrees to comply with all applicable Federal and State laws and regulations, including section 601 of Title VI of the Civil Rights Act of 1964, Public Law 88-352, and Department of Defense Directive 5500 . II issued pursuant thereto and published in Part 300 of Title 32, Code of Federal Regulations, as well as Army Regulation 600-7, entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army" . ARTICLE IX - RELATIONSHIP OF PARTIES The parties to this Agreement act in an independent capacity Draft - 5 in the performance of their respective functions under this Agreement, and neither party is to be considered the officer, agent, or employee of the other. ARTICLE X - OFFICIALS NOT TO BENEFIT No member of or delegate to the Congress, or resident commissioner, shall be admitted to any share or part of this Agreement, or to any benefit that may arise therefrom. ARTICLE XI - COVENANT AGAINST CONTINGENT FEES The Local Sponsor warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Local Sponsor for the purpose of securing business . For breach or violation of this warranty, the Government shall have the right to annul this Agreement or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XII - NOTICES . a. All notices, requests, demands, and other communications required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally, given by prepaid telegram, or mailed by first-class (postage pre-paid) , registered, or certified mail, as follows: If to the Local Sponsor: Contra Costa County The Board of Supervisors County Administration Bldg. , Room 106 651 Pine Street Martinez, CA 94553-1290 If to the Government: U.S. Army Corps of Engineers San Francisco District Attn: District Engineer, Room No. 906 211 Main Street San Francisco, CA 94105-1905 Draft - 6 b. A party may •change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. c. Any notice, request, demand, or other communication made pursuant to this Article shall be deemed to have been received by the addressee a. such time as it is personally delivered or seven days after it is mailed, as the case may be. ARTICLE XIII - CONFIDENTIALITY To the extent permitted by the laws governing each party, the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing party. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the Assistant Secretary of the Army (Civil Works) . THE DEPARTMENT OF THE ARMY THE LOCAL SPONSOR BY• [signature] [signature] [type name] [type name] [title in full] [title in full] DATE: DATE: Draft - 7 CERTIFICATE OF AUTHORITY I, , do hereby certify that I am the principal legal officer of the County of Contra Costa, that Contra Costa County is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and Contra Costa County in connection with the Project, and to pay damages, if necessary, in the event of the failure to perform, in accordance with Section 221 of Public Law 91-611, and that the persons who have executed this Agreement on behalf of Contra Costa County have acted within their statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this day of , 19 [signed] Title Draft - 8 CERTIFICATION OF LEGAL REVIEW The draft Project, Cooperation Agreement for New York Slough Navigation Channel has been fully - reviewed by the Office of Chief Counsel, USAED, San Francisco. District Counsel Draft - 9 CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying, " in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code.. any person who fails to file the required certification shall be subject to a civil penalty of not less than $10, 000 and not more than $100,000 for each such failure. [signature] [title] Date: Draft - 10 DISCLOSURE OF LOBBYING ACTIVITIES Approved by 0f46 038-0046 Complete this form to disclose lobbying*activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) 1. Type of Federal Action: Z Status of Federal Action: 3. Report Type: a. contract a. bid/offertapplication a. initial filing E] b. b B rant . initial award b. material change c. cooperative agreement For Material Change Onl d. loan c. post-award ha^8 Y e. loan guarantee year quarter I. loan insurance date of last report 4. Name and Address of Reporting Entity: S. If Repotting Entity in No.4 is Subawardee,Enter Name ❑ Prime ❑ Subawardee and Address of Prime: Tier if known: I CongressionA District,if known: Congressional District,if known: i 6. federal Department/Agency: 7. federal Program NamdDescriplion: CFDA Number;if applicable: & Federal Action Number,if known: 9. Award Amount,if known: f to. a. Name and Address of Lobbying Entity b. hullividuals Perfornuing Services(including address if (if individual,last name,first name,MII: different from No. 10aJ (last name,first name,M/): l attach Continuation Sheets)SF-UA- if recess 11. Amount of Payment(check all that apply): 13. Type of Payment(check all that apply): S ❑ actual ❑ planned ❑ a. retainer ❑ b. one-time fee 12 form of Payment(check all that applyk ❑ c. commission ❑ a. cash ❑ d. contingent fee ❑ b. in-kind;specify: nature ❑ e. deferred ❑ f. other,specify: value 14. Brie(Description of Services Performed or to be Performed and Date(s)of Service,including officer(s),employee(s), or Member(s)contacted for Payment Indicated in Item it: i attach Continuation Sheets SF-UL- iI neces 9S. Continuation Sheet(s)SF-LLL-A attached: ❑Yes ❑ No ti 001m Cation t.Queaad through this form is authoued by title 11 U.S.C. section 1352.This disclwum of lobbrimt scii.itin is a material mp.rtemation Signature'. of fact upon vesicle Bianca we placed by the tier above Then this bmactim was made Was into.This d'iklowsit a tequirsd pursuing to Print Name: It U.S.C. 1152.This information wiN be reported to the conprts sami- atwwtilly sed wA ba wail"hos public inspection."Patton who tads to Title: raa the trauovil discloser shah be subject se a civil pematy of not less dsm t10.000 and not-rose than S100.000 fa each such tsar,.. Telephone No.: Date: _< ;< Authorized for Loa Reproduction. Standard sent.. til Pt. 21, App. B . 31`CFR Subtile A (7=1.91AMMon) INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE Of 1.0113MIG ACWTIES Phis disclosure form sill be completed by the reporting entity,whedtw subawardee or prime Fedesat the Initiation or receipt of a covered Federal action, or a material chwge to a previous Rift,prrsul" to�dpiemt tide 311 U.S.C. section 1352.The IN"of a form is required for each payment or apse to to make ptsymeru to any Iebbyiry entity for Influencing or attempting to Influence an oflker or employee of any agency, a Member of Congress, an officer or employee of Congress,or an emibYee d a Member of CorWess in oontarda with a eomed Fedial action.Use the eet SF•LLL-A Continuation Shfor motional information if the space an the form is Inadequate.Cow4isle all items that apply for both the Initial Mkq and material change report.Refer to the h plarnenthg gui ante published by the 0f ice of Management and Budget for addhkwW Information. 1. Identify the type of covered Federal action for which lobbying activity is andior has been secured to Influence the outcome of a covered Federal action. 2. Identify the mus s of the covered Federal action. 3. Identify the appropriate danlAcadOn of this report. If this is a kilowhp report caused by a rtatMal tlhsetl[e to the informatiah previously reported,enter the year and quarter in which the change occurred.Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the repooth entity. Include Congressional District, if known.Check the appropriate classification of the reporting entity that designates if it Is,or expects to be,a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. S. If the organisstton filing the report In item 4 checks"Subawardee",then enter the full name,address,city,stair and zip code of the prime Federal recipient.Include Congressional District,if known. 6. Enter the name of the Fede rel agency making the award or loan corwnitment. Include at least one organizational level below agency name,if known. For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or desuiption for the covered Federal action(item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action lderttNed in item r(e.g., Request for Proposal (RFP) number, Invitation for Bid (IFS) number, grant announcement number, the contract, grant, or ban award r sinim the applicatiorvproposal control number assigned by the Federal>apricy). Include prefixes,e.g.,'RFP•DE-90001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the aww*loan commitment for the prime entity identified in item 4 or 5. 10. (&)Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s) performing services, and include full address If different from 10(a). Enter Last Name,First Name,and Midde Initial(Ml). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entky(Berm 4)to the lobbying entity(item 10). Indicate whether the payment has been it (actual)or will be made(planned). Check all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or planned to be nude. 12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an unkind contribution, specify the nature and value of the in-kind payment. 13. Check the appropriate box(es). Check all boxes that apply. If other,specify nature. 14. hovide a specific and detailed desuiption of the services that the lobbyist has performed.or wN be It cl Vto perform and the date(s)of any services rendered. Include all pprereppaarratory and related activity,not vest time ssppeenntt in actual contact with Federal officials. Identify the Federal off" s) or to 9) contacted or the ofSoerls). empioyee(s),or Member(s)of Congress that were contacted. 15. Check whetsr or not a SF•LLL-A Continuation Sheet(s)is attached. 16. The certifying official shag sign and date the form.print hisMer name,title,and telephone number. 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