HomeMy WebLinkAboutMINUTES - 06052001 - C.86 e-
04
TO:' BOARD OF SUPERVISORS �•�o y
i-A4
Contra
FROM: TRANSPORTATION, WATER & INFRASTRUCTURE
COMMITTEE Donna Gerber, Chair �s�, Cost
a
John Gioia, Member �sl�. County
DATE: June 5, 2001
SUBJECT: REPORT ON AVON TURNING BASIN PROJECT; FEDERAL COST SHARING AGREEMENT,
SUPPLEMENTAL AGREEMENT WITH INDUSTRY AND CONSULTANT CONTRACTS
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. ACCEPT status report on Avon Turning Basin Project Cost Sharing Agreement and
supplemental agreement with industry.
2. AUTHORIZE the Community Development Director or Designee, on behalf of the
County Water Agency to execute a new contract with Michael H. Cheney in the amount
of$50,000 for service on the Avon Turning Basin Project, and continuing service on the
Suisun Bay Channel/New York Slough Channel Maintenance Assessment District
1999-1 through 06/30/02.
3. AUTHORIZE the Community Development Director or designee, on behalf of the
County Water Agency to execute a new contract with Lawrence G. Mallon in the
amount of $20,000 for service on the Avon Turning Basin Project, through 06/30/02.
FISCAL IMPACT
It is anticipated that most Water Agency staff time and all of the consultant time on this
project will be paid by Ultramar, included as in-kind services as part of the local cost share
for the project. Therefore financial impacts to the County Water Agency are expected to
be minimal.
CONTINUED ON ATTACHMENT: ✓ YES
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): SUPER O DONNA GERBER, CHAT SUP RVISOR JOHN GIOIA
ACTION OF BOARD ON APPROVE"S RECOMMENDED )e OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
xUNANIMOUS (ABSENT/IUO_�-t ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Contact: Roberta Goulart (925/335-1226)
cc: Community Development Department (CDD) ATTESTED
County Counsel JO N SWEETEN, CLERK OF
County Administrator Office TH BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY U ;� , DEPUTY
REPORT ON AVON TURNING BASIN PROJECT; FEDERAL COST SHARING AGREEMENT, SUPPLEMENTAL
AGREEMENT WITH INDUSTRY AND CONSULTANT CONTRACTS.
PAGE 2
BACKGROUND/REASONS FOR RECOMMENDATIONS
In 1997 the oil tanker Chesapeake Trader ran aground while engaged in turning operations in
shallow areas outside the federal channel in the Avon area, near the (formerly Tosco) Avon
Refinery. Groundings increase the potential for an oil spill, and as such are taken very seriously.
The Bar Pilot was cited (and suspended for a year) for the grounding, and for being outside
federal navigational boundaries. After the JF Baldwin portion of the San Francisco-to-Stockton
Ship Channel Deepening Project was suspended in 1999 (salinity intrusion impacts could not be
adequately quantified, and certainly not mitigated), the Bar Pilots realized that a turning basin
was no longer being contemplated, and turned to the Corps and the County, for help. It was
determined that a turning basin could be constructed to the existing depth of—35 feet under the
existing Baldwin Congressional authorization. Benefits to the Turning Basin include a uniformly
deep turning basin at —35 feet, and basin inclusion within navigational boundaries of the
channel, which includes regular surveys and basin maintenance. In addition, the channel in the
vicinity will be moved slightly north, providing additional separation between through vessel
traffic and vessels berthed at Ultramar and Shore Terminals. Finally, the turning basin would
provide an emergency anchorage for vessels traveling westward at times when the railroad
bridge fails to open.
In the federal fiscal year 2001, the County requested $250,000, which was appropriated, to
produce a General Reevaluation Report (GRR), a document that gathers existing information,
provides new and updated information, environmental documentation and plans and
specifications for the revised project, and determines that it remains in the federal interest(has a
favorable cost/benefit ratio). Before a GRR can be prepared, the County must sign a Federal
Cost Sharing Agreement (FCSA) with the Corps, providing to the federal government a local
commitment (in the form of a 50-50 cost-share) to the project. Once the GRR is completed, the
County would be required to sign a Local Cooperation Agreement (LCA) with the Corps (a 65%
federal-35% local cost share agreement). After the LCA is signed, the project moves into the
construction phase, estimated to occur in July, 2002 and completed the same summer. As with
prior projects for which the County has acted as local sponsor, the local cost share component is
provided by industry or industries which benefit from implementation of the project.
Because of the short timeline on this project (particularly if the County is successful in obtaining
the requested $2 million in federal FY 2002), the County will assist the Corps through its
consultants in directly contracting out various parts of the project, such as sediment testing,
surveys and perhaps engineering and design duties. The County can provide its local share of
costs (paid by Ultramar) as in-kind services, and do it more quickly and cheaply than the Corps.
SCHEDULE OF CONTRACT SUBMITTALS
Before the Corps can expend more (financial) resources on this project, a FCSA must be signed,
indicating a local funding commitment to the project. At this time, a draft supplemental
agreement between the County and Ultramar has been drafted by our consulting contract
attorney, Larry Mallon, which will commit Ultramar to the local sponsor's funding commitment to
this phase of the project, which totals $250,000. We have provided the draft supplemental
agreement, with the FCSA agreement the County must sign with the Corps, to County Counsel
for review. After Counsel review (estimate early June), the supplemental document will be sent
to Ultramar for their concurrence. Staff does not anticipate the final document's availability until
after the June TWI Committee meeting, and therefore recommends both documents be
transmitted directly to the Board of Supervisors (after final County Counsel concurrence) for
Board action, ideally by the end of June.
FY 2001/02 CONSULTANT CONTRACTS
As part of this project, it is anticipated that both Larry Mallon (consultant attorney, Proctor in
Admiralty) and Mike Cheney (engineering, maritime consultant) contracts, up for renewal for the
next fiscal year, will require funds to cover their work on this project. Both consultants worked
with the County on the Suisun Bay Channel/New York Slough Maintenance Assessment District
1999-1. Mr. Cheney still provides services related to the assessment district. Funds for
consultant activity related to the Avon Turning Basin will be paid by Ultramar (UDS Corp.).
REPORT ON AVON TURNING BASIN PROJECT; FEDERAL COST SHARING AGREEMENT, SUPPLEMENTAL
AGREEMENT WITH INDUSTRY AND CONSULTANT CONTRACTS.
PAGE 3
Recommendations for consultant contracts are as follows. Larry Mallon will draft the
supplemental agreement to the FCSA, review the FCSA, review and comment on the Project
Cooperation Agreement (PCA) the County must sign for construction cost-share, draft the
appurtenant agreement between UltramarNalero, Shore Terminals and the County (for funding
for construction) prior to County Counsel review, and provide oversight as to Corps cost
accounting on the project, as detailed on the attached draft scope of work. Mr. Mallon works on
a per hour basis, estimating up to $20,000 to provide these services. Mr. Mallon will use his
prior work on the Assessment District as a basis for these contracts.
Mr. Cheney's duties are more involved, providing day-to-day engineering services as required for
both the Assessment District and the Avon Turning Basin Project. Short term turning basin work
will require much of his time if the County elects to take on major tasks associated with the
project, as anticipated, to expedite construction in July, 2002. Duties include development of
and negotiation with the Corps on the Project Study Plan, including division of tasks; work with
County staff on scope and content of identified tasks, provide some level of project management
of same, work closely with the Corps on cost issues, and refinement of planning, engineering
and design features of project, etc. Mr. Cheney estimates approximately $50,000 to provide
these services. The Transportation Water and Infrastructure Committee recommends execution
of new contracts that reflect the above estimates.
Date: May 8, 2001
From.: Larry Mallon, Esq.
To: Roberta Goulart, Executive Officer Contra Costa County Water Agency
Re: San Francisco Bay to Stockton (John F. Baldwin Ship Channel) Avon Turning Basin
(realignment et a]) project
1. At your request this information is provided to be incorporated in your
status/progress report to the Water Committee of the Board of Supervisors and for
the purpose of amending my contract for the fiscal year beginning July 1, 2001.
2. This is my rough proposed Statement of Work (SOW), FY 2002 fiscal year
estimate, and chronological sequence of tasks for the above referenced project. It
is assumed that there are at least two private beneficiaries and that
supplemental/indemnity agreements will be used to provide local contribution to
feasibility study and local share.of project constriction cost in lieu of required
formation of formal assessment districts under California law.
(a) Review, analysis and comment upon draft model.FCSA and preliminary
GRR/PMP for the project.
(b) Drafting, modification of supplemental/indemnity agreement for
feasibility study subject to county Counsel review, negotiation of
agreement with private beneficiary, successors and assigns, revision as
necessary, and further review and approval by County Counsel as
necessary.
(c) Negotiation of FCSA w/USACESFD w/Ofce of Counsel w/reference to
WRDA 2000 50% in kind local contribution, and GRR/PMP to include
items of local contribution developed by Project Engineer.
(d) Counsel Water Agency and Project Engineer as necessary, and assistance
in resolution of legal and project management issues during term of FCSA
and supplemental agreement, attendance at Issue.Resolution Conference(s)
(e) Analysis of project issues for resolution in Feasibility Review Conference
(.FRC) w/USACESFD
(f) Drafting, review, analysis and comment upon draft model PCA and
GRR/PMP for the project in cooperation with county Counsel review.
(g) Drafting, modification of supplemental/indemnity agreement for project
construction subject to county Counsel review, negotiation of agreement
1
witli private beneficiary, successors and assigns, revision as necessary, and
further review and approval by County Counsel as necessary.
(h) Negotiation of PCA (and review of PCA package, plans and specs for
legal liability/indemnity issues)w/USACESF.D w/Office of Counsel, SPD,
and HQUSACE and ASACW review prior to execution by local sponsor.
(i) Drafting, review, revision, and approval of Project Financial Plan as part
of PCA package
0) Counsel Water Agency and Project Engineer as necessary, and assistance
in resolution of legal and project management issues during term of PCA
to final accounting and termination of supplemental agreement, attendance
at Issue Resolution Conference(s)
(k) Counsel Water Agency and Project Engineer as necessary, and assistance
in resolution of legal and project management issues associated with dredged
material disposal (upland site) during term of PCA to completion of physical
construction, fiscal completion and final accounting with USACESF.D, and
termination.of supplemental agreement
3. My rough estimate for the above SOW is within the range of $16-20,000 for time and
expenses, including the approximately $4,000 remaining balance on the current contract
and including any balance of current unbilled time.
2
- Michael H.Cheney
,r%agisteredOvIlEngineer-iWa:rinaDevelop Fri( It Corissiltan I
6030 .Hea[m,00d 1]rive
O:Ik.land't;:llifori is 9461
Telepbx)c(5 LO) ;ij9_U665 FaX(51()339-0111
TO: Roberta Croulart
FROMMike Cheney
SUBS: Next FY Vvork
DATE: May 7,2001
Z. 1vL4LN'I'SN_ANCE ASSFS.SIvf�NT DTS'1'RYC7:
' Attend periodic Coags of Engineers and County meetir.gs regarding disposal of
dredged material.
• RcNxew Corps of Engineers proposals for disposal.
a Review disposal cost estimates and B1C rMews.
• .perform periodic reviews of assessment district benefit allocadon,
2. AVON TURNING BASIN PROJECT:
+ Assist in de--mloping FCSA aad PSP.
Attend meetings wgtlr beneficiaries,pilots and Corps.
v. Determine scopes and costs of project"in-kind"services.
Pro'6de project management for ill-!rind Sm im,
• Review Corps portion of study and design including estimates.
I estimate that,on average, I spend about 1 Y-2 clays per month on the maintenance
assessment district.It is difficult at this point to estimate my invol5,eriient%Arith the turning
basin since we haven't detailed the PSP and divided up the work,but I would say.I would
probably spend at least 2 to 3 days per month on the project.
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