THE BOARD OF SUPERVISORS OF THE COUNTY OF STANISLAUS
ACTION AGENDA SUMMARY
DEPT: Public Works
BOARDAGENDA#
Urgent
-/./Q
Routine
CEO Concurs with Recommendation YES
NO
C-2
AGENDA DATE September 20,2005
415 Vote Required YES
NO
(Information Attached)
SUBJECT:
Approval of Amendment No. 2 to the Agreement between the Department of the Army and Stanislaus
County for the West Stanislaus Feasibility Study for the Orestimba Creek Flood Control Project
STAFF RECOMMENDATIONS:
1. Approve Amendment No. 2 to the Agreement between the Department of the Army and Stanislaus
County for the West Stanislaus Feasibility Study.
2. Authorize the Director of Public Works to sign the Amendment on behalf of the County.
3. Direct the Auditor-Controller to increase appropriations as set forth in the attached financial transaction
sheet.
FISCAL IMPACT:
Currently, the total estimated study costs are $5,927,100, of which the sponsor's share is one-half of this
amount or $2,963,550. A total of $1,662,000 has been paid of the sponsor's share leaving a balance of
$1,301,550. Of this amount, $402,000, will be required for this fiscal year to allow the study to continue
and to provide for local match of an expected $200,000, to be obtained by the Corps from Congress. The
currently required $402,000 is available in the Public Works Department budget. The remainder of the
local match, $899,550, will be funded by a loan from Stanislaus County to the project.
.......................................................................................................................
NO. 2005-740
BOARD ACTION AS FOLLOWS:
On motion of Supervisor----@M-qfli_niiiiiiiiiiiiiiiiiii
, Seconded by Supervisor - - - - O : B I @ - ! _ ~ _ - - - ~ ~ ~ ~ ~ ~ ~ ~
and approved by the following vote,
Ayes: Su~ervisors:-I>IBfi_en~
-??_ayfi_e!dLD-e-Martini -and -C_hairman-G~~
- - -- - - - - - - - - - - - - - - - - - - - - - - -- - - --- - - - - - - - -- Noes: Su~ervisors:-N_o_n~
....................................................................................
Excused or Absent: Supervisors:-Sim~u.......................................................................
Absta~n~ng:
Supervis0r:hlone.................................................................................
I) X
Approved as recommended
2)
Denied
3)
Approved as amended
4)
Other:
MOTION:
..
ATTEST:
CHRISTINE FERRARO TALLMAN, Clerk
File No.
Approval of Amendment No. 2 to the Agreement between the Department of the Army and
Stanislaus County for the West Stanislaus Feasibility Study for the Orestimba Creek Flood
Control Project
Page 2
DISCUSSION:
The west side of Stanislaus County has long been subjected to flooding. The City of
Newman experiences significant floods every three to five years. Associated with these
floods is a tremendous amount of property damage, loss of economic development potential,
and major threats to public safety.
In order to find solutions to this flooding problem the U.S. Army Corps of Engineers was
authorized by Congress to conduct a study into possible flood control measures. The
purpose of this study was to determine if there was a federal interest in participating in a local
flood control project. It was found that this interest existed.
The next step in the Corps process is to prepare a "Feasibility Study". This is the most
important part of the entire investigative process; it is where the study is today.
The Feasibility Study develops flood control options in detail, assigns costs to those options,
calculates benefits to providing flood control and, if successful: a flood control project is
chosen and an EIR is prepared for that project. Costs are shared between the U.S. Army
Corps of Engineers and the local sponsor 50-50.
An agreement was negotiated between the Department of the Army and Stanislaus County
for funding this investigation into potential flood control projects. In this agreement, costs are
shared between the U.S. Army Corps of Engineers and the local sponsor (i.e., Stanislaus
County) 50-50. The original budget was $1,300,826 with the local sponsor's share being
$650,413.
In 2001, it became apparent that the estimates prepared by the Corps of Engineers for the
preparation of the Feasibility Study were very much underestimated. To correct this, the
increasing the study costs to $3,220,000. The
contract was amended (Amendment No. I),
local obligation was one-half of that amount or $1,610,000.
A number of options for flood control were developed in detail that were not a part of the
original plan. These options were investigated to determine if a flood control project could be
developed that was acceptable to several regulatory agencies, as well as provide acceptable
flood control measures to the Newman community. Acceptable measures that were
agreeable to the community could not be developed.
An additional option was developed that, again, was not part of the original project scope.
This option however, involved constructing a smaller flood control structure and creating a
wildlife corridor from the west hills to the San Joaquin River. It is not known yet if this is a
feasible option and what costs would be. It is felt that it has good potential and should be
explored in depth.
Since the addition of these options was not in the original scope of work, budgets need to be
increased to allow them to be explored in detail. To provide for these increased costs,
Approval of Amendment No. 2 to the Agreement between the Department of the Army and
Stanislaus County for the West Stanislaus Feasibility Study for the Orestimba Creek Flood
Control Project
Page 3
Amendment No. 2 has been prepared by the Corps of Engineers to the Master Agreement
between the County of Stanislaus and the Corps. New project costs have increased to a total
of $5,927,100, with the sponsor's share being one-half of that amount, $2,963,550. Of this
amount, $402,000 is needed now to match monies already spent by the Corps. This amount
should be sufficient for the remainder of this fiscal year. For next fiscal year, the remainder of
the increased budget, $899,550 will be used to fund the project to the point of the preparation
of the EIRIFeasibility Study. This is a major milestone for the project and will lead us to the
next step of design and construction approval.
POLICY ISSUES:
This action is consistent with the Board's policy of providing a safe, healthy community.
STAFFING IMPACT:
There is no staffing impact associated with this action.
1
Auditor's Copy
AUDITOR-CONTROLLER
BUDGET JOURNAL
Budget Organization Stanislaus Budget Org
Budget LEGAL BUDGET
Accounting Period From Jut-05
Journal Batch
h:\budget\jvbgform.xIs- crn
Page 1 of 'I
AMENDMENT NO 2
TO
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AGREEMENT
BETWEEN
THE DEPARTMENT OF THE ARMY
AND
STANISLAUS COUNTY
FOR THE WEST STANISLAUS COUNTY, CALIFORNIA FEASIBILITY STUDY
,
$ . . : >
day of d & b
THIS AMENDMENT NO. 2 is entered into this /q*
,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 Stanislaus County (hereinafter the "Sponsor"), represented by the Director,
Stanislaus County Department of Public Works.
ZCrf
,
WITNESSETH, THAT:
WHEREAS, the Government and the Sponsor entered into an Agreement on September
29, 1998 to perform a feasibility study of West Stanislaus County, California Feasibility Study
(hereinafter the "Study"),
WHEREAS, Section 225 of the Water Resources Development Act of 2000, Public Law
106-541 (Section 225), amends Section 105(a)(l)(E) of the Water Resources Development Act
of 1986, Public Law 99-662 (33 U.S.C. 2215(a)(l)(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 1II.A. is changed concerning the estimated Study Cost and scope. As of the effective
date of this amendment, estimated Study Costs are $5,927,100 and the Sponsor's share of
estimated Study Costs is $2,963,550. In order to meet the Sponsor's cash payment requirements
for its share of estimated Study Costs, the Sponsor must provide a cash contribution currently
estimated to be $1,301,550. The dollar amounts set forth in this Article are based upon the
Government's best estimates, which reflect the revised scope of the study described in the
Project Management Plan, projected costs, price-level changes, and anticipated inflation. Such
cost estimates are subject to adjustment by the Government and are not to be construed as the
total financial responsibilities of the Government and the Sponsor.
2. All other terms and conditions of the Agreement remain unchanged
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2
which shall become effective upon the date it is signed by the District Engineer.
STANISLAUS COUNTY
DEPARTMENT OF THE ARMY
BY
Colonel, Coi-ps of ~ n g & &
District Engineer
Sacramento District
-4
Lil;ff?-
-C/
s t a g l a u s County
Department of Public Works
APPROVED AS TO FORM:
Michael H. Krausnick
County Counsel
BY:
k.
Deputy County Counsel
I
' --/'.-
Attachment - Project Management Plan
CERTIFICATE OF AUTHORITY
I, Michael Krausnick, do hereby certify that I am the principal legal officer of the
Department of Public Works', Stanislaus County, California, that the Stanislaus County,
Departmentof Public Works is a legally constituted public body with full authority and legal
capability to perform the terms of the Agreement between the Department of the Army
and Stanislaus County Department of Public Works in connection with design of the
Orestimba Creek Project Flood Damage Reduction and Ecosystem Restoration Project,
and that the persons who have executed this Agreement on behalf of Stanislaus County
Department of Public Works have acted within their statutory authority.
IN WITNESS WHEREOF, I have made and executed this certification this
- day of S e 1wm\0er.~o05
CrYn
County Counsel
Stanislaus County