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HomeMy WebLinkAboutMINUTES - 01172006 - C.7 c• . TO: BOARD OF SUPERVISORS, AS GOVERNING Contra _-= ti==-.o�, BOARD OF THE FLOOD CONTROL& WATER ,f _ CONSERVATION DISTRICT g - ailu :. s Costa FROM: MAURICE M. SHIU, CHIEF ENGINEER osti`4oe County DATE: January 17, 2006 SUBJECT: APPROVE contract amendment with Philip Williams &Associates, Ltd., extending the contract term from December 31, 2005 to December 31, 2006, Countywide. (Cities and County Stormwater Utility Fee Assessments) (All Districts) Project No. 7519 6x7105 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Chief Engineer, Contra Costa County Flood Control and Water Conservation District, or designee, on behalf of the Contra Costa Clean Water Program, to execute a contract amendment with Philip Williams and Associates, Ltd., effective December 20, 2005, to extend the contract termination date from December 31, 2005, to December 31, 2006, with no change in the payment limit, for Consultant Duties for the Hydrograph Modification Plan,Countywide.(Cities and County Stormwater Utility Fee Assessments)(All Districts) Project No. 7519 6x7105 CONTINUED ON ATTACHMENT: ❑D SIGNATURE- RECOMMENDATION OF COUNTY ADMINISTRATOR RE OMMENDATIO F BOARD CO T E APPROVE OTHER SIGNATURE(S):S(Z / ACTION OF BOA O NAr7`f„drL0V /,1 o2Ca,O� APPROVED AS RECOMMENDED ✓ OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON UNANIMOUS(ABSENT MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: :\ zz GGr ✓Czr��-wry /1� °2.ea-off :\GpData\NPDES\BO_Res_Contracts_Agmt\PWA\AmendBoard'OrderForm.doc ATTESTED JOHN S W EET EN,CNF4Z OF THE ETOA RD OF SUPERVISORS cc: BY: ,DEPUTY " SUBJECT: APPROVE contract amendment with Philip Williams & Associates, Ltd., extending the contract term from December 31, 2005 to December 31, 2006, Countywide. (Cities and County Stormwater Utility Fee Assessments) (All Districts) Project No. 7519 6x7105 DATE: January 17, 2006 PAGE: 2 of 2 FISCAL IMPACT: There is no increase in cost. REASONS FOR RECOMMENDATION AND BACKGROUND: The United States Environmental Protection Agency issued the National Pollutant Discharge Elimination System (NPDES)Regulations for municipal stormwater discharges on November 16, 1990 requiring Contra Costa County, nineteen(19)of its incorporated cities and the Contra Costa County Flood Control and Water Conservation District to obtain a Joint Municipal NPDES permit from the San Francisco Bay and Central Valley Regional Water Quality Control Boards. The Permits require municipalities to eliminate all pollutants from entering the municipal storm drain system. The contractor has been unable to complete the scope of work required to complete the Hydrograph Modification Plan project by December 31,2005 due to unforeseen delays in responses from the Regional Water Quality Control Board. CONSEQUENCES OF NEGATIVE ACTION: If the consulting services agreement amendment with Philip Williams&Associates, Ltd. is not approved,then all municipalities will be in non-compliance with the Joint Municipal NPDES permits issued by the San Francisco Bay and Central Valley Regional Water Quality Control Boards.Potentially, fines totaling$10,000 per day and$10 per gallon of stormwater discharge for all affected entities could be imposed. i CONSULTING SERVICES AGREEMENT Number AMENDMENT AGREEMENT# Fund/Org# 7519 '- I Account# 2310 1. Identification of Contract to be Amended. Other# 6x 7105 Vendor Number: 00082 Consulting Services Agreement with Philip Williams & Associates, Ltd. Effective Date: August 2, 2004 to December 31, 2005 (original contract date) Department: Contra Costa County Flood Control and Water Conservation District on Behalf of the Contra Costa Clean Water Program Subject: Consultant Duties for the IHydrograph Modification Plan Project No. 7519 6x 7105 Payment Limit (s): $399,000 2. Parties. The Contra Costa County Flood Control and Water Conservation District (County), and the following named Consultant'mutually agree and promise as follows: Consultant Name: Philip Williams & Associates, Ltd. Capacity: Consultant Address: 720 California Street, Suite 600 San Francisco, CA 94108-2404 3. Amendment Date. The effective date of this Contract Amendment/Extension Agreement is December 20, 2005. (use board date if contract will not expire by then) 4. Amendment Specifications. The Contract identified above is hereby amended as follows: I. Extension of Term(select one and delete the rest) 5. Extension of Term. The term of the above-described Contract between the parties hereto is hereby extended from December 31. 2005 to December 31, 2006, unless sooner terminated as provided in said contract. 6. Amendment Payment Limit. (Increase or Decrease) the payment limit by$ from $ to the n'ew total payment limit of$ 7. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONSULTANT Public Agency Consultant Name [BY e/� Lk , eAA,, (1) By Ma e, . Shiu rint - Public Works Director ( ignature bu iness capacity RECOM ENDED FORP RO Ai - (2) By �� Cro�lyl onald P. Fr to (pri nam rogram M ager (Signature nd busine pacity) Note to Contractor:For corporations(profitornonprofit),the contract must besigned bytwo officers. Sig tureAmustbetl of the president or vice president and Signature B must be that of the secretary or assistant secretary(Civil Code Section 1190 and Corporations Code Section 313). G:\GrpData\EngSvc\ENVIRO\Admin\CSA's\Forms\Amendment sheet-BOS.doc b ACKNOWLEDGEMENT State of California ss. County of San Francisco On this DEC 1 2 2005 before me, �Aavl e> j. �_Notary Public, personally appeared FYjJ N. C,&k o personally known to me OR U proved tome on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors and that by his signature, on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WI ESS my hand and official seal. CHARLES J. ZHANG Comm./1356146 Signature of Notary �1 NOTAAY PUALIC CAUFOANIA aS" County&City of San Francisco My Comm.Expires MaY 1 t,1006'�