HomeMy WebLinkAboutMINUTES - 12161997 - C128 TO: BOARD OF SUPERVISORS
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FROM: WATER COMMITTEE �ra
Supervisor Gayle B. Uilkema, Chair WJLa
Supervisor Joe Canciamilla
Cou lJ
DATE: December 16, 1997
SUBJECT: REPORT FROM WATER COMMITTEE ON CONSULTANT CONTRACTS FOR PHASE III
BALDWIN SHIP CHANNEL/MARINE PIPELINE LINK AND SOUTHAMPTON SHOAL PROJECTS
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION.
RECOMMENDATIONS
1. AUTHORIZE the Director of the Community Development Department to execute a County contract
with Mike Cheney (Maritime Engineering Consultant), for up to $30,000 for 1998.
2. AUTHORIZE $15,000 of Water Agency funds to be used for the County contract with Mike Cheney to
cover project duties requested by the County.
3. AUTHORIZE the Director of the Community Development Department to execute a County contract
with E. Del Smith (Lobbyist) for $20,000 for 1998.
FISCAL IMPACT
The $20,000 associated with E. Del Smith's contract, and $15,000 of Mike Cheney's contract are paid by the
Ship Channel .Users (the project beneficiaries, or ship channel users are Exxon, Tosco, and Wickland oil
industries). The remaining $15,000 for Mike Cheney's contract will be paid by the County Water Agency, to
subsidize additional project engineering Mr. Cheney provides for the County.
REASONS FOR RECOMMENDATION
The third phase of the San Francisco-to-Stockton Ship Channel (Baldwin) Project and Marine Pipeline Link is
underway. Much work has been done by the County (local sponsor) and the Corp of Engineers (Lead Agency)
on this project to date. A combined Environmental Impact Statement/Report is prepared and out for public
review. Both ship channel dredging and pipeline transportation alternatives are being considered. There are
a number of issues outstanding with inclusion of the newer, pipeline alternative which are being addressed at
both the local and federal levels. A number of issues remain to be worked out prior to construction of this
project in 1998. In addition, the County is local sponsor for the Southampton Shoal deepening project, and the
Board has declared intent to assume sponsorship responsibilities for east County channels from the Port of
Stockton.
Ship Channel users and the County have determined the need for continuation of Mike Cheney's and Del
Smith's contracts. Mike Cheney's involvement is becoming increasingly important as a necessary engineering
component for the County, thus necessitating funds by the Water Agency to cover Mike's additional time on
ship channel navigation projects.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): �—
SuSgrvisorGa'ylT-11'. Uilkema, Chair u rvi Joe Canciamilla
ACTION OF BOARD ON /9 —/h-/ � _APPROVED ECO ENDED OTHER
VOTE OF SUPERVISORS
J UNANIMOUS (ABSENT I HEREBY CERTIFY THAT THIS IS A TRUE AND
AYES: NOES: CORRECT COPY OF AN ACTION TAKEN AND
ABSENT: ABSTAIN: ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
Contact: Roberta Goulart (510) 335-1226 ATTESTED��P o �,.1�_ A, . 1997
cc: Community Development Department (CDD) PHIL BATCHELOR, CLE C OF THE
County Administrator BOARD OF SUPERVISORS AND
Judy Coons, Auditor-Controller COUNTY ADMINISTRATOR
Raymond Wong, CDD
BY: , DEPUTY
RG:rw
RRG5:\bod\12-16WC.7bd
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
TO: WATER COMMITTEE
Supervisor Gayle Uilkema, Chair
Supervisor Joe Canciamilla
FROM: Roberta Goulart, Staff
DATE: November 24, 1997
SUBJECT: REVIEW OF CONSULTANT CONTRACTS FOR SHIP CHANNEL
NAVIGATION PROJECTS
For the last number of years, the County has retained Mike Cheney, Maritime Engineer and Del
Smith, Government Relations, to provide their expertise for the ship channel navigation projects.
Highlights from the past year include success in obtaining funding for our projects as follows;
Congress appropriated $250,000 for preconstruction and construction for the Baldwin Ship
Channel/Marine Link project. In addition $600,000 was appropriated for the Feasibility study
for the Southampton deepening.
The most notable accomplishment this last year was in having the Baldwin Ship Channel Project
reauthorized as a viable, Congressionally authorized project which includes the Marine Link.
With the advent of the Marine Link, a highly placed staff person at Headquarters in Washington
D.C. made a determination that the project, with inclusion of the Link, violated the single-owner
provision of the law, which states that the federal government cannot undertake a project which
satisfies the economic or other needs of only one entity. Despite the fact that this was an
erroneous conclusion made by this official, much time and effort was undertaken to have the
project be once again considered viable under the single-owner provision and authorized as such.
In 1997 Mike Cheney's contract cap was for$30,000, $15,000 of which was paid by the County
Water Agency, and $15,000 paid by the ship channel users (Wickland, Tosco, Exxon). Mike
billed to the extent of his contract this year for the first time ever,with two active projects
requiring his time. Mike has currently been spending his time dealing with the Bar pilots, the
Corps and consultants on the Southampton project navigation simulation specifications, and with
the Project Study Plan for Southampton, included in this packet.
Del Smith also billed to the extent of his contract,which had a cap of$20,000,paid entirely
through the ship channel users. Del's time in Washington has been spent primarily with
Congressional representatives securing funding for our projects, and in solving the single-owner
issue which has plagued us this past year.
NOV-24-1997 20 23 FROM MICHAEL H. CHENEY TO 3351299 P.01
Michael H. Cheney
Registemd Civil Engi"'Or-Marine Development Consultant
6630 Heartwood Drive
Oakland,California 94611
Telephone(510)339-0665 Fax(510)339-0711
TO: Roberta Goulart
FROM: Mike Cheney
SUBJ: CY 98 Work Elements
DATE: 24 Nov 97
BALDrte)PROJECT
The critical work on this project for the County is to assure rapid completion of study
work and commeacemaat and completion of Pte-construction Engineering and Design
(PED)immediately followed by project construction My role in this work will be to
provide assistance to the Corps during development of the PID documents in preparation
for bidding the work. Also,I will review project cooperation and funding documents as
they are developed prior to construction and advise the County on any appropriate
modifications.
SOUTHAMPTON CJAhaIE&DEEPENING PROJECT
This project is being set up to enter the Feasibility Study Phase(in late January,98)
which will require direct monetary and in-kind service contributions by the County for its
implementation. During preparation of the Project Study Plan(PSP),it was determined
that the County was well positioned to conduct the following Study elements: Surveying
and Mapping,Navigation Simulation,Geotechnical,Dredged Material Disposal Site
Analysis,Cultural Resources and Sediment Environmental Characterization.
Working on the project's critical path,I have begun and will continue to develop detailed
scopes of work and cost estimates for each of the Study elements to be conducted by the
County so that these will be included is the Feasibility Cost Sharing Agreement(FCSA)
which must be executed by the County prior to commencement of the Feasibility Study.
Thereafter,for the remainder of 1998,1 will oversee work contracted out by the County
to accomplish each of these study elements,including review and editing of each work
product.
atts3
NOV-24-1997 20:23 FROM MICHAEL H. CHENEY TO 3351299 P.02
Goulut/Cheney page 2 11124197
In addition to insuring that County contract work is delivered on time and within budget
to the Corps,I will assist the Corps in integrating County work products into the overall
Fcasib9ity Study. Also,I will represent the County at scheduled project milestone
meetings with Corps Division and District staff as well as attend meetings with the Corps
and contractors as required to keep the project moving ahead
For more details on project organization,work element descriptions and costs,please
refer to the draft PSP.
TOTAL P.02
11/20 '97 1120 I D:E DEL SMITH FAX:202-822-8315 PAGE 1
E. DEL SMITH AND COMPANY, INC.
GOVERNMENT REI.ATIONS t t30 CONNECTICUT AVENUE, N.W.
SUITE 63O
November 20, 1997 11 WASHINGTON, D.C. 20036
(202) 822.8200
FAX (202)922-8313
To: Roberta Goulart
From: Del Smith
Roberta,
As you have requested, here is a very understandable, and we
believe compelling, statement of what this office np-5ds to do now
through next year, for the County. Mike's recommendations are
incorporated.
Roberta, as you know, the sophisticated lobbying we did last year ,
particularly to salvage RMPLS, we were pleased to do. Any other
organization here would have sent a bill for at least $80,000. However, we
are happy to work in a cost effective manner for the County, but we must
return to the $25,000 level of 1996 Just to cover our costs. Frankly, we don't
think this request is unreasonable, at all. If you want us to help you sell this
to Dan or the other oil companies, in person, I believe I may be helpful in
a face to face meeting with them, particularly with Mike's involvement.
If this document is not sufficient for your needs to continue our
services for you, please call and we will upgrade the document. Thank
you.
memozontract/DEL/marl 1/20/97
1120 '97 11:20 IDE DEI. SMITH FAX:202-822-8315 PAGE 2
November 20, 1997
To: Roberta Goulart, Contra Costa County, California
From: Del Smith, Washington Representative
Subject: Recommended Statement of Work Agreement between the
County and Smith for continued Federal advocacy in 1998 on
the County's Civil Works projects.
1. First Session. 105th Congrgas(1297) Primary Accomplishments
Three major deliverables resulted from work performed from
January through November, 1997:
A. Cabinet level ruling (Lancaster letter) that the RMPLS meets
single user guidelines and is an authorized Federal project.
B. FY 1998 Appropriations including:
• Southhampton Shoal $600,00
Channel and Extension Feasibility Study
(San Francisco Bay Barg Channel included)
• Stockton Deep Water Ship Channel $250,00.
Deepening Construction
C. Congressional Delegation (Fazio,Miller and Tauscher) formal
sponsorship in the form of a letter of support for the RMPLS.
The October 14 and 15 reports to the County from Smith and
Company provide the details of the increased workload needed to
deliver the forgoing results.
These achievements resulted from a daily teaming by Smith and
Cheney (with County supervision) to carry out conferences in Washington
at the Chief of Engineers and Office of the Assistant Secretary of Civil
Works levels and with the Office of Management and Budget.
Approximately 28% more advocacy time than was specified in the 1997
contract between the County and Smith was required by this office to
perform the above mentioned tasks.
1120 '97 11:21 ID:E DEL SMITH FAX:202-822-8315 PAGE 3
. .............
2. Near Term Tasks-during ConeirgslQU81 Recess
(until January 27, 1998)
A. A second letter from additional House Members declaring
sponsorship of Contra Costa County Civil Works projects and
RMPLS, In particular
B. OMB presentation of National energy transportation superlatives
of the San Francisco to Stockton Ship Channel using a white
paper to be drafted by Smith and Cheney
C. House Transportation and Infrastructure, Subcommittee on Water
Resources and Environment prepareion for the Water Resources
Development Act of 1998 briefings the RMPLS and
Southhampton Shoal and Extension project.
3. Federal AdvocacX Categories to beexecuted beginning November
15. 1997 tbrough mid 1998.
A. FY 1999 RMPLS and Channel Appropriations
• OMB
• Congressional Committee (March testimony and regular
liaison)
• Congressional Delegation sponsorship
B. Congressional Authorization (WRDA)
• Codification of Assistant Secretary of the Army RMPLS
ruling of 1997
• Project management directives that may be required
• Additional construction authority may be required
C. Cabinet level policy supervision (Assistant Secretary) to
maintain project momentum
D. Congressional leadership support to maintain project
momentum
• Senator Boxer ( Senate Environment and Public Works and
Senate Appropriations Committees)
House delegation (second sponsorship letter from added
Members)
13/220 '97 1121 I D:E DEL SMITH FAX:202-822-8315 PAGE 4
E. Industrial User Accountability Reporting
To the extent that the County enables Federal Civil Works
navigation and associated transportation systems needed by industry,
perhaps a more direct liaison involvement by Smith and Cheney with the
users in 1998 would be appropriate. We believe that local industry
principals may be more favorably disposed to provide funding if they fully
understand the Civil Works benefit at stake. Smith and colleagues
continue to be available to meet at the County periodically.
4. Cheney - Smith Consultant Teamwork
A. County planning and project management
B. User companies
C. In Washington
D. In California (administrative summit of the
Federal and non - Federal sponsor parties and users to be held
no later than January 20, 1998.
S. Advocacy Fee Requirements -
The fee for advocacy services for January 1, 1998 to December 31,
1999 is $25,000. This is based on a projection of the work required for the
RMPLS project and the Baldwin Ship Channel work in 1997 into 1998.
Please note: Up to October 31, 1997, $28,000 has been invoiced to
the County. That sum reflects the added workload above the $20,000
Short Form Contract #C45296-00 between the County and Smith for 1997.
Of the $28,000 invoiced for work to the end of October 1997, $14,200 has
been paid representing work performed from January through June 1997.
While this office is prepared to finish the 1997 year, working in
November and December, with no fee because of the cost overun due
to increased workload demand, it is particularly difficult to do that work in
preparation for 1998 without being paid the remaining $13,800 for work
performed thus for in July - October 1997.
controct/DEL/mer 11/17/97
10/IC; '97 12:48 ID:E DEL SMITH FAX:202-822-8315 PAGE 2
E. DEL SMITH AND COMPANY, INC.
GOVERNMENT RELATIONS 1 130 CONNECTICUT AVENUE, N.W.
SUITE 650
October 16, 1997 WASHINGTON, O.C. 20036
(202) 822.9300
FAX (202) 922-6315
To: Roberto Goulart
From: Del Smith and Meg Allen, Washington Representatives
Subject: Summary Report on Contra Costa County Federal Advocacy
enabling Boldvrin Ship Channel and Richmond Marine Link
Pipeline System Civil Works (Corps of Engineers) permitting,
authorization and construction-covering October 1996-
October 1997
note -This report begins with a recitation of the basic civil works procedures for the
convenience of any person to which the document may be provided.
1. Fcdcrgl Clvll Works Yrolects-The Assistant Secretary of the Army for Civil Works, through
the Army Corps of Engineers is responsible for navigable waterways,flood control,
coastline protection and environmental restoration that is "in the Federal interests (cost
benefit ratio test)". Thus, the Corps of Engineers through its Chief of Civil Works in the
Washington, Division office and District offices performs investigations to determine
Federal interests, design and then construction followed by maintenance of any project
that is constructed. Reconnaissance Investigations are fully Federally funded, feasibility
Investigations are cost-shared, preconstruction engineering and design is cost-shared,
construction is cost-shared but operations and maintenance Is fully Federally funded.
2. Authorizations and Appropriations-The Federal actions that are necessary to drive this
Civil works process include:
A. Federal project authorizations by The Congress and
10/16 '97 12:49 I D:E DEL SMITH FAX:202-822-8315 PAGE 3,
page 2
B. annual funding appropriated by The Congress together with cost-
shared funds contributed by the local government which is the non-
Federal sponsor,
3. Need for County Sn_onsored Federal Advocacy In Calirornill and Washington - Unfortunately,
three intergovernmental problems must traditionally be overcome by the non-Federal
sponsor if a potential civil works project is to reach construction.
A. Project management by the Corps of Engineers is often unsatisfactory
because the Corps is overloaded and its costs have become almost
prohibitive. liaison with the Corps by the local sponsor has become
necessary to keep project investigation, planning and construction on a
reasonable schedule.
B. In order to cut the Federal budget,the Corps of Engineers has come to
ration its request to The Congress for feasibility study authorizations and
also for new construction starts in addition to modifications of existing
authorized projects.
C. There are too many projects which need appropriations for the
amount of annual Energy and Water Development Appropriations
available each year.
Traditionally, all of these deficiencies are overwhelming to Members of the U.S.
House and Senate.Therefore, their staff usually welcome assistance provided in
Washington or locally by non-Federol sponsors. It has been found by non-Federal
sponsors (local governments) that offering project development assistance by either an
in-house employee or by contracting with a professional Federal civil works advocate,
often is the only way for a project to get successfully executed.
Often, the industries that benefit from a project reimburse the non-Federal
sponsor for the cost of Federal liaison or even hire a Federal advocate and engineer
themselves to provide assistance to the non-Federal sponsor who then manages their
assistance.
Thus, the Contra Costa County Public Works Department has hired two
professionals to ensure that Federal civil works assistance is provided to meet the primary
10/16 '97 12:49 ID:E DEL SMITH FAX:202-822-8315 PAGE 4
page 3
need of improving and economically upgrading the capability to transport petroleum
and petroleum products to companies that maintain facilities in the County. These
facilities contribute substantially to the County's economy. Nuke Cheney is the senior civil
works professional engineer in California and works with the Corps District and Division
offices in California. Del Smith Is the senior Federal advocate in Washington whose job is
to get Federal authorizations and Federal appropriations,as well as team with Cheney
on project management in California and Washington.
4. 1996 and 1997 Work Product-After several years of providing support to the County,
Smith in Washington and Cheney in California have substantially helped deliver 3 work
products to date:
A. Progress on the Baldwin Ship Channel Phase III project has been made
by adding to its authorizations the Bull's Head Reach Channel segment
and by achieving legislative language that would allow uplands disposal
of dredge material. Although there has been progress on the salinity
intrusion assessment with regard to the Baldwin Channel, It continues to
disenfranchise overall feasibility of Baldwin Phase III dredging to
accommodate larger tanker navigation directly from Son Francisco Bay
to terminals on the Channel. Nonetheless, the project has not been
deauthorized and is still considered active. Federal appropriations of
$250,000 was just provided for the project.
B. $600,000 has been secured In the FY 199$Appropriations Bill
to complete the General Reevaluation and Review for dredging the
Southhampton Shoal extension to the proposed Richmond
Marine Link Pipeline System.that is on alternative to the Baldwin Ship
Channel Phase III project.
C. There has been a successfully established resolution to the "single
owner restriction" of the Corps of Engineers guidance documents which
will allow the Richmond Marine Link Pipeline System to be considered a
part of the overall Southhampton Shoal extension project.
10/16 '97 12:49 I D:E DEL SMITH FAX:202-822-8315 PAGE 5
page 4
There remains a need to reconcile the construction authorization language in
the speclol letter of opinion by the Assistant Secretary of the Army with categories of
appropriations. Smith has been working to assure that this may be administratively
achieved.
These accomplishments have resulted from the wise management of the County,
especially In putting in place dual advocacy in Colifomia and Washington that acts in
unison under County leadership. However, these accomplishments must be brought to
fruition requiring several actions as follows:
A. On October 16th in Morro Bay, a conference with the Chief Deputy,
Office of the Assistant Secretary of the Army will be held for the purpose of
clarifying the "construction" designation in Southhampton Shoal
authorization language.
B. 1998 Water Resources Development Act report language is
needed, codifying the Assistant Secretary of the Army,Southhampton
extension, extension authorization opinion and other directives to the
Corps for Southhampton project execution.
C. Contra Costa funding needs to be Included in the FY 1999 CMANC
appropriations request to the Corps of Engineers that eventually ends up
at the Office of Management and Budget In Washington.
D. Advocacy with the Office of Management and Budget is needed to
request the FY 1999 Budget request money for both the
Southhampton Shoal extension and to keep Baldwin Phase III alive.
E. It is necessary to update project status knowledge of Senator Boxer, a
Senate authorization and appropriations committee Member.
F. When the new Assistant Secretary of the Army is appointed by The
President, replacing Secretary Lancaster, it will be necessary to educate
that individual on the wisdom of the Southhampton Shoal extension and
the RMPLS undertaking.
G. It Is necessary to summarize the Southhampton/RMPLS and Baldwin
Phase III status to the House and Senate Energy and Water Appropriations
Subcommittees in order to educate those legislators before the FY99
funding cycle begins.
10/16 '97 12:50 I D:E DEL SMITH FAX:202-822-8315 PAGE 6
page 5
H. An additional letter from the Contra Costa County regional
Congressional Delegation requesting FY 1999 appropriations must be sent
to the Office of Management and Budget and the House and Senate
Appropriations Subcommittees.
t. A RMPL.S administrative summit is recommended either in the County or
in Washington with representatives of the County, District and Division
Corps of Engineers offices and the Chief of Civil Works In Washington to
thoroughly bring the project along, as soon as possible, and to confirm all
all of the authorizations, appropriations and cost sharing agreements that
have been achieved so for.
Goulart/DEL/merl o/i d
1016 '97 12:50 ID:E DEL SMITH FAX:202-822-8315 PAGE 7
E. DEL SMITH AND COMPANY, INC.
GOVERNMENT RELATIONS 1 130 CONNECTICUT AVENUE, N.W.
SUITE 650
WASHINGTON, D.C. 20096
October 16, 1997 (202) 822-8300
FAX (202) 622-8315
To: Roberto Coulart
From: DI Ith and Meg Allen
Explanation of Washington, DC centered advocacy actions to gain Initial civil works
status of navigation for the Richmond Marine Unk Pipeline System.
1. 1996 WRDA Southampton (San Francisco Bay Bar) Project. This is a forerunner of
the Southampton extension, RMPLS extension. In representing,the County in
Washington, DC,this office sought funding for the San Francisco Bay Bar
navigation investigations and the recommended authorizing language which
was approved instructing the Corps of Engineers to include the Southampton
Shoal in that Investigation. That action activated the Bar and Shoal as
increments of the JF Baldwin Channel project. The County's Washington
advocate was able to obtain specific language in the 1996 WRDA legislation to
do this.
2. In February 1997 this office was instructed by the County that the County would
seek civil works approvals to extend the Southampton Shoal extension to a
proposed marine terminal offshore at the Port of Richmond. In March, the County
advised that Mike Cheney,representing the County before the San Francisco
District Corps of Engineers, had determined that the Office of the Chief of
Engineers for Civil Works in Washington had taken a position that: (1) the
Southampton extension for RMPLS was not authorized as part of the Baldwin Ship
Channel project, and (2) the RMPLS was a "single user" project for which a
navigation channel, even if authorized,could not be provided.
3. To solve this problem,Smith informed the Office of the Chief of Engineers and the
Office of the Assistant Secretary of the Army for Civil Works that RMPLS was a
10. '97 12:51 I D:E DEL SMITH FAX:202-822-8315 PAGE 8
Page 2
common carrier pipeline terminal that would be used by many separate
companies in Contra Costa County. In addition, he was able to get support for
this project from Members of the House of Representatives and California's two
Senators, Cheney provided researched statutory support for this claim. On
Smith's recommendation,Cheney flew to Washington and he and Smith met with
Ed Dickey, Chief of Civil Works Planning in the Office of the Chief of Engineers to
ask his guidance. That guidance was to elevate the matter to the Assistant
Secretary's Office and insure that Congressional advocacy for authorization and
for rejection of the "single user" restriction was put in place. Smith provided an
initial draft of a letter from Congressional Members Fazio, Miller and Touscher to
Secretary Lancaster urging his approval.
The assistance of Bory Steinberg and Ed O'Neill. civil works consultants,was
provided by Wickland Oil Company in Washin,,on and in California. Smith also
solicited Congressman Fazio, a Member of the Energy and Water Appropriations
Subcommittee, and conducted several conversations with his staff member, Don
DeArmon, who was also contacted by Wickland Oil.
Smith then asked for direct involvement of Jim Smyth, Chief Deputy to Assistant
Secretary Lancaster in the Pentagon. Five in-depth conferences took place
between Smyth and Smith. Smith also arranged"three separate telephone
conference calls between himself,Cheney and Smyth in which Cheney carefully
walked Smyth through the justification for the RMPLS,Southampton extension as
part of the Baldwin authorization. He also outlined several reasons why RMPLS
was not a single user system. On the day before Secretary Lancaster retired and
vacated his office in Washington,Smyth informed Smith that he had asked
Lancaster to direct a letter to the Chief of Civil Works that set aside both the
authorization and "single user"problems. The next day, one hour before
Lancaster actually left his office, he signed the letter. Tne lost minute intervention
of Don DeArmon was also very strategic.
10/16 '97 12:51 I D:E DEL SMITH FAX_202-822-8315 PAGE 9
Page 3
Throughout the course of these events, this office conducted a close working
relationship with and reported to Roberto Goulart in addition to Mike.Cheney, Dan Hall,
John Margowski, John Lucyshyn , Jim Smyth, Brion Bryson, Don DeArmon, Mike Strochn,
and Bory Steinberg.
This advocacy drill took place at a time when the Assistant Secretary of the Army
and the Chief of the Corps of Engineers were locked in a tight advocacy
relationship that negatively influenced all project decisions and administrative actions at
the Corps at that time.
It is the considered opinion of this office that this first RMPLS civil works procedural
hurdle was overcome because of the professional teaming of the non-Federal sponsor,
the County. This office was pleased to manage the Washington DC actions necessary.
The Smith-Cheney team was able to employ notionally significant economic and
environmental justifications for RMPLS navigation approvals and to exercise o
sophisticated engineering dialogue with the Corps of Engineers, Office of the Assistant
Secretary,The Congress, and others.
In addition to the forgoing list of upcoming advocacy needs which need to be
addressed almost immediately, this office is predicting that other hurdles may need to be
overcome such as the potential line item veto by The President of certain FY 1998
appropriations for civil works projects.
Respectfully submitted.
doc-ccc 1014
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
TO: WATER COMMITTEE
Supervisor Gayle Uilkema, Chair
Supervisor Joe Canciamilla
FROM: Roberta Goulart, Staff
DATE: November 24, 1997
SUBJECT: REVIEW OF CONSULTANT CONTRACTS FOR SHIP CHANNEL
NAVIGATION PROJECTS
For the last number of years, the County has retained Mike Cheney, Maritime Engineer and Del
Smith, Government Relations, to provide their expertise for the ship channel navigation projects.
Highlights from the past year include success in obtaining funding for our projects as follows;
Congress appropriated $250,000 for preconstruction and construction for the Baldwin Ship
Channel/Marine Link project. In addition $600,000 was appropriated for the Feasibility study
for the Southampton deepening.
The most notable accomplishment this last year was in having the Baldwin Ship Channel Project
reauthorized as a viable, Congressionally authorized project which includes the Marine Link.
With the advent of the Marine Link, a highly placed staff person at Headquarters in Washington
D.C. made a determination that the project, with inclusion of the Link, violated the single-owner
provision of the law, which states that the federal government cannot undertake a project which
satisfies the economic or other needs of only one entity. Despite the fact that this was an
erroneous conclusion made by this official,much time and effort was undertaken to have the
project be once again considered viable under the single-owner provision and authorized as such.
In 1997 Mike Cheney's contract cap was for$30,000, $15,000 of which was paid by the County
Water Agency, and $15,000 paid by the ship channel users (Wickland, Tosco, Exxon). Mike
billed to the extent of his contract this year for the first time ever,with two active projects
requiring his time. Mike has currently been spending his time dealing with the Bar pilots, the
Corps and consultants on the Southampton project navigation simulation specifications, and with
the Project Study Plan for Southampton, included in this packet.
Del Smith also billed to the extent of his contract,which had a cap of$20,000,paid entirely
through the ship channel users. Del's time in Washington has been spent primarily with
Congressional representatives securing funding for our projects, and in solving the single-owner
issue which has plagued us this past year.
NOV-24-1997 20-23 FROM MICHAEL H. CHENEY TO 3351299 P.01
Michael H. Cheney
Ragtstmd CIVR Bnginaar-Marine Devskpment Camuliant
663014eartwood Drive
Oakland,California 94611
Telephone(510)339-0665 Fax(510)339-0711
TO: Roberta Goulart
FROM: Mike Cheney
SUBJ: CY 98 work Elements
DATE: 24 Nov 97
BALDWIN MM S)PROJECT
The critical work on this project for the County is to assure rapid completion of MAY
work and couumencement and completion of Pre-construrtion Engineering and Design.
(PED)immediately followed by project construction. My role in this work will be to
provide assistance to the Corps during development of the PID documents in preparation
for bidding the work. Also,I will review project cooperation and finding documents as
they aro developed prior to construction and advise the County on any appropriate
modifications.
SOUTHAMPTON CHAMI DEEPENING PR07ECT
This project is being set up to enter the Feasibility Study Phase(in late January,98)
which will require direct monetary and in-kind service contributions by the County for its
implementation. During preparation of the Project Study Plan(PSP),it was determined
that ft County was well positioned to conduct the following Study clemems: Surveying
and Mapping,Navigation Simulation,Geotechnical,Dredged Material Disposal Site
Analysis,Cultural Resources and Sediment Environmental Characterization.
Working on the project's critical path,I ban begun and will oontinue to develop detailed
scopes of work and cost estimates for each of the Study elements to be conducted by the
County so that these will be included in the Feasibility Cost Sharing Agreement(FCSA)
which must be executed by the County prior to commencement of the Feasibility Study.
Thereafter,for the remainder of 1998,1 will ov+e m work coatractod out by the County
to accomplish each of these study elements,including review and editing of each work
Pte•
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NOV-24-1997 20:23 FROM MICHAEL H. CHENEY TO 3351299 P.02
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In addition to insuring that County contract work is delivered on time and within budget
to the Corps,I will assist the Corps in integrating County work products into the overall
Feasibility Study. Also,I will represent the County at scheduled project tailestone
meetings with Corps Division and District staff as well as attend meetings with the Corps
and contractors as required to keep the project moving ahead
For more details on project organization,work element descriptions aad costs,please
refer to the draft PSP.
:hs3
TOTAL P.02