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Home My WebLink AboutMINUTES - 04202004 - C15 j�fr TO: BOARD OF SUPERVISORS AS GOVERNING BOARD OF CONTRA COSTA COUNTY AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: MAUR.ICE M. SHIU, CHIEF ENGINEER DATE: APRIL 20, 2004 SUBJECT: Amendment No. 1 to the Feasibility Cost Share Agreement With the U.S.Army Corps of Engineers (ACOE) for the Grayson and Murderers' Creek Project Feasibility Study. (District II& IV) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION L Recommended Action: APPROVE and AUTHORIZE the Chief Engineer,Flood Control and Water Conservation District(District), or designee,to execute Amendment No. 1 to the Feasibility Cost Share Agreement effective upon execution by COE District Engineer With the ACME for the Grayson and Murderers'Creek project. (Pleasant Dill and Walnut Creek areas) (District II&IV) II. Fiscal Impact: There is no financial impact to the General Fund. Entering into the original agreements With the ACOS obligated Flood Control Zone 3B to a cost share of$678,000. Amendment No. 1 clarifies the District's ability to contribute the entire non-Federal cost share as in-kind services. Continued on Attachment: X SIGNATURE: =CnTMEIMATION OF COUNTY ADMINISTRATPR _RECOMMENDATION OF BOARD COMMITT L—APPROVE OTHER SIGNATURES . ACTION OF BO ON APRIL 20� 2004 APPROVED AS RECOMMENDED XX OTHER x ��y VOTE OF SUPERVISORS NOME XX UNANIMOUS(ABSENT ) AYES: NOES: I hereby certify that this is a true and correct copy of an action ABSENT: ABSTAIN: taken and entered on the minutes of the Board of Supervisors on the date shown. G:`,GrpData\FidCtMdministration\Board Orders\2004 BO\Grayson crk 4-20-04.doc KE:AK:cjd Orig.Div: Public Works(Flood Control) Contact: Kevin Emigh 313-2233 ATTESTED'' APRIL 20, 2004 cc: County Administrator County Counsel JOHN SWEETEN,Clerk of the Board of Supervisors and County Mitch Avalon,Deputy Public Works Director Greg Connaughton,Assistant Public Works Director Administrator Leary Wong,City of Pleasant Hill By ,Deputy SUBJECT: Amendment No. 1 to the Feasibility Cost Share Agreement with the U. S.Army Corps of Engineers (ALOE) for the Grayson and Murderers' Creek project Feasibility Study. (District II& IV) DATE: April 20, 2004 PAGE: 2 III. Reasons for Recommendations and Background: A Feasibility Cost-Sharing Agreement(FCSA)for the feasibility phase of the Grayson and Murderer's Creek Project(Study)was executed on June 30,2003,between the ALOE and the District. The District is permitted to contribute the entire non-Federal share of the Study through the provision of in-kind services,and although. the Project Management Plan accounted for this provision,the original FCSA was not altered to allow for this provision. Amendment No. 1 of the FCSA corrects for this omission. IV. Consequences of Negative Action: If the District does not process the Amendment,it may not receive credit for a portion of its in-kind services for the project. AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE DEPARTMENT OF ARMY AND CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FOR THE GRAYSON AND MURDERER'S CREEKS FEASIBILITY PHASE This AMENDMENT NO. 1 is entered into this day, of , 2003,by and between the Department of the Army(hereinafter the"Government"), represented by the U.S. Army Engineer, Sacramento District (hereinafter the"District Engineer"), and the Contra Costa County Flood Control and Water Conservation District (hereinafter the"Sponsor"), represented by the Chief Engineer. WITNESSETH, that: WHEREAS,the Government and the Sponsor entered into an Agreement on 30 June 2003 to perform a feasibility study of Grayson and Murderer's Creeks (hereinafter the "Study")• WHEREAS, Section 225 of the Water Resources Development Act of 2000, Public Law 106-541 (Section 225), amends Section 105(a)(1)(E) of the Water Resources Development Act of 1986, Public Law 99-662 (33 U.S.C. 2215(a)(1)(E)), to allow the Sponsor to provide their entire share of Study costs through the provision of in-kind services; and, WHEREAS,the Government and the Sponsor desire to amend the Agreement to allow the increase in in-kind services provided by Section 225 to apply to work under this Agreement that has not yet been undertaken. NOW,THEREFORE,the Government and the Sponsor agree to amend the Agreement as follows: 1. Article II.B is changed by deleting"25" and substituting"50„ 2. Notwithstanding the above, nothing in this Amendment requires the Government to refund or reimburse the Sponsor for funds previously contributed by the Sponsor to the Government for the Study. 3. All other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 1 which shall become effective upon the date it is signed by the District Engineer. DEPARTMENT OF ARMY CONTRA COSTA COUNTY BY: BY: '�` w Mark W. Connelly Maurice Shiu Lieutenant Colonel, Chief Engineer Corps of Engineers Contra Costa County Flood Control Acting District Engineer and Water Conservation District Sacramento District •Y� crib TO: `,, BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: April 20, 2004 SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Phillips Services Inc., dba Phillips and Associates, effective May 1, 2004 to increase the payment limit by $26,395 to a new payment limit of $75,743 for ongoing operations and maintenance of the Wastewater Treatment System in Sanitation District 5, Port Costa area, (Sanitation District 5, Port Costa Funds) (District ID Project No. 7380-6X9E42 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION L Recommended Action: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Phillips Services Inc., dba Phillips and Associates, effective May 1, 2004 to increase the payment limit by$26,395 to a new payment limit of$75,743 and to extend the term through September 30, 2004 for ongoing operations and maintenance of the Wastewater Treatment System in Sanitation District 5, Port Costa area. IL Fiscal Imtaact: There is no impact to the County General Fund. Sanitation District 5, Port Costa pays 100% of the costs associated with the ongoing repairs and maintenance for the sanitation district. Continued on Attachment:X SIGNATURE: --RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,71APPROVE OTHER SIGNATI3RE(S L,c= ACTION OF B D ON APRIL 20, 2004 APPROVED AS RECOMMENDED XX OTHER VETTE OF SUPERVISORS xx UNANIMOUS(ABSENT NONE ) I hereby certify that this is a true and correct copy of AYES: NOES: an action taken and entered on the minutes of the ABSENT:_______ABSTAIN: Board of Supervisors on the date shown. MF:cm G:\GrpBata\SpDist\Board Orders\2004104-2"4 BO-Phillips for SDS{Amendment}.doc ATTESTED: APRIL 20, 2004 Orig. ric ar( 2Listr Districts) Contact: W nA 13-2242) JOHN SWEETEN,Clerk of the Board of cr. sm Administrator A Supervisors and County.Administrator Assessor Auditor-Controller Community Development Conaryore"Folder nsel han,Sp Com I..Carnahan.5p.Dist. }r._.�,Deputy SUBJECT: APPROVE and AUTHORIZE the Public Works:Director, or designee, to execute a contract amendment with Phillips Services Inc., dba Phillips and Associates, effective May 1, 2004 to increase the payment limit by $26,395 to a new payment limit of $75,743 for on-going operations and maintenance of the Wastewater Treatment System in Sanitation District 5, Port Costa area. (Sanitation District 5.Port Costa Funds) (District II)Project No. 7380-6X9E42 DATE: April 20, 2004 PAGE: 2 III. Reasons for Recommendations and Background: The Port Costa Wastewater Treatment System was maintained by a qualified individual for the past seven years who has since retired. On November 26, 2002, the Public Works Department requested Statements of Qualifications from twenty (20) qualified firms and local wastewater treatment agencies for the operation of the Port Costa facility. Phillips and Associates of Napa, California was selected based on their qualifications. IV. Consequences of Negative Action: There is no impact to the County General Fund. Sanitation District 5, Port Costa pays 100% of the costs associated with the ongoing repairs and maintenance for the sanitation district.