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TO: BOARD OF SUPERVISORS, AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: MAURICE SHIU, CHIEF ENGINEER
DATE: March 27, 2001
SUBJECT: Consulting Services Agreement Amendment No. 1 with Milton Kubicek for engineering services
to the Flood Control District, District-Wide
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Chief Engineer to execute Amendment No. 1 to the Consulting Services
Agreement with Milton Kubicek increasing the payment limit in the amount of $50,000 to provide
engineering services for the Flood Control District through December 31, 2001.
II. Financial Impact:
There will be no impact to the County General Fund. This consulting services agreement is paid by various
flood control zone and drainage area projects, District-wide.
Continued on Attachment: X SIGNATURE:
—RECONIMENDAHOIN 01,'COUN FY AffTl=FRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON March 27 , 20C4PPROVED AS RECOMMENDED x OTHER_
I hereby certify that this is a true and correct
VOTE OF SUPERVISORS Copy of an action taken and entered on the minutes of the
x UNANIMOUS(ABSENT ) Board of Supervisors on the date shown.
AYES: NOES:
ABSENT: ABSTAIN: March 27
ATTESTED: , 2001
G:\GrpData\FldCtl\Administration\Board Orders,BO 1-4 CSA.doe JOHN SWEETEN Clerk of the Board
Orig.Div: Public Works Flood Control
Contact: D.Eckerson(313-2271) of Supervisors and County Administrator
Auditor-Controllers Office
r.Kuevor,CAO
M.Avalon,Admin.
R.Gilchrist,Accounting By , Deputy
M.Kubicek
OY Lel/
FIRST AMENDMENT
CONSULTING SERVICES AGREEMENT
1. Parties:
Effective on March 27, 2001, the Contra Costa County Flood Control and Water Conservation
District, a political subdivision of the State of California, hereinafter referred to as "Public Agency,"
and Milton Kubicek, hereinafter referred to as "Consultant," mutually agree and promise as
follows:
2. Purpose:
The parties desire to amend the agreement they entered into effective October 1, 2000, entitled
"Consulting Services Agreement," hereinafter referred to as the "Agreement." The Agreement is
for engineering services to the Flood Control District for various projects as directed by the Flood
Control Division Head. This Amendment provides for an extension of the completion date to
Decemer 31, 2001, an increase of $50,000 in the payment limit, and an increase of $50,000 in
the payment limt, and an increase in the payment rate to $80 per hour.
3. Amendment(s) to Agreement:
A. Section 1 (e) is revised to read: Payment Limit: $100,000
B. Section 1 (f) is revised to read: Completion date: December 31, 2001
C. Add to Appendix B: Principal, Milton Kubicek: $80 per hour for 3/27/01 through 12/31/01.
4. Remaining Provisions:
Except for the changes made by this Amendment, all provisions of the Agreement shall remain
in full force and effect.
5. Signatures:
These signatures.attest the parties' agreement to this Amendment.
PUBLIC AGENCY CONSULTANT
By: Maurice Shiu By:
Chief Engineer (Designate officia capacity i e busi ess)
By: By:
(Designate official capacity in the business)
Note to Consultant: For corporations, the contract must be signed by two officers. The first signature
must be that of the chairman of the board, president or vice-president; the second signature must be that
of the secretary, assistant secretary, chief financial officer or assistant treasure. (Civ. Code, Sec. 1190
and Corps. Code, Sec. 313). The acknowledgement below must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGEMENT
State of California, )
)ss.
County ofGon I
On this date written below, before me, the undersigned Notary Public, personally appeared the person(,
signing above for Consultant, pi sonally known to me (or proved to me on the basis of satisfactory
evidence) to be the pers nwhose nameare sub cribed to the within instrument and
acknowledged to me that�he/ hey executed the same in'b�iher/their authorized capacitya, and
that by(oier/their signatureon the instrument the personor the entity upon behalf of which the
personoj�acted, executed the instrument.
Witness my hand and official seal.
Dated: Iy)?oFrG4 l Zoo
GUNNING
` � '#1246207
as NOTARY PUBLIC-CALIFORNIA
CONTRA COSTA COUNTY
C°"°" ry15' NOTARY PUBLI
APPROVED AS TO FORM:
SILVANO MARCHESI
County Counsel
By:
Deputy
G:\GrpData\FldCtl\Administration\CSA\mkubicek 3-27.doc
7/95
SUBJECT: Consulting Services Agreement with Milton Kubicek for engineering services to the Flood Control
District, District-Wide
DATE: March 27, 2001
PAGE 2
III. Reasons for Recommendations and Background:
In September 2000, the Flood Control District entered into a Consulting Services Agreement with Milton
Kubicek for engineering services on various projects. Since this time, Mr. Kubicek has provided a unique
service to the District under this agreement. His work has included conceptual planning and design of
drainage systems, preparation of drawings and engineering reports, providing historical knowledge and
background information to staff on District drainage issues, and attending meetings as necessary. Under
the direction of flood control planning division head, Mr. Kubicek maintains core hours to facilitate
interaction with District staff and submits weekly reports documenting time spent and progress made. His
services have been particularly beneficial in coping with the staffing shortage in the Public Works
Department.
As a long time past employee of the County, Mr. Kubicek has excellent experience in the area of flood
control planning and design. In addition, he is intimately aware of our policies and procedures and
understands the goals and objectives of the Flood Control District. Mr. Kubicek's knowledge and
experience allows him to provide a service to the District that no other consultant could provide. In
addition,Mr. Kubicek meets the requirements of the County's Small Business Enterprise (SBE) program
and is certified through June 30, 2003.
A review of Mr. Kubicek's services over the past six months on his current contract indicates he has
provided excellent service to the District. He has independently prepared several drainage studies and
engineering reports, and has assisted staff on numerous assignments, helping the District meet its goals and
objectives. Mr. Kubicek is currently involved in several critical projects, and his continued work is
necessary to meet our deadlines. Based on Mr. Kubicek's excellent services provided to date, and his
current involvement on several key projects, the District strongly recommends executing this contract
amendment to secure his services through December 31, 2001.
IV. Consequences of Negative Action:
If this Board Order is not approved, the current consulting services agreement will expire upon reaching
the payment limit and various projects will not be completed.