1.

THIRD AMENDMENT TO AGREEMENT WITH NOLTE ASSOCIATES, INC. TO PROVIDE FLOOD CONTROL MASTER PLAN ENGINEERING SERVICES ON AN AS-NEEDED BASIS

(4 VOTES)

(RELATES TO BOARD OF SUPERVISORS AGENDA ITEM NO. 8)

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SUBJECT:

THIRD AMENDMENT TO AGREEMENT WITH NOLTE ASSOCIATES, INC. TO PROVIDE FLOOD CONTROL MASTER PLAN ENGINEERING SERVICES ON AN AS-NEEDED BASIS (DISTRICT: ALL)

On May 18, 1999 (1), the Board approved an agreement with Nolte Associates, Inc. (Nolte) to provide Flood Control Master Plan Engineering on an as-needed basis for compensation not to exceed $250,000.  Project tasks assigned to Nolte involved preparation of a study and master plan report (Study) of Flood Control Facilities for Special Drainage Areas 5 (Bostonia) and 6 (Lakeside).

In February 2001, Nolte completed the Study. On February 14, 2001 (3), the Board took several initiatives to enhance water quality in San Diego County. On February 21, 2001, the San Diego Regional Water Quality Control Board issued tentative order No. 2001-01 (Stormwater Permit) effective on February 22, 2002, which included stricter regulations for controlling stormwater and urban runoff pollution.  Both the Board actions and Stormwater Permit encourage use of natural and non-structural methods for removal of pollutants from runoff and conveying floodwaters.  The Study must now be revised to conform to Board direction and the Stormwater Permit, to avoid conflicting recommendations. Available funds from the original Study and as-needed contract with Nolte have been exhausted; additional appropriations are needed to perform the necessary revisions. 

This is a request to establish appropriations and approve the Third Amendment to the Agreement with Nolte Associates, Inc. of San Diego to provide Flood Control Master Plan engineering services on an as-needed basis for additional compensation not to exceed $250,000.

This proposal will have no impact on the County General Fund.  Funds for this request are not budgeted, but are available from unappropriated fund balance in the Flood Control District. If approved, this request will result in $250,000 current year appropriations, up to $20,000 current year costs with the remaining contracted cost occurring over the term of the contract, and will require the addition of no staff years.

RECOMMENDATION:

CHIEF ADMINISTRATIVE OFFICER

1.      Find pursuant to Section 15061(b)(3) of California Environmental Quality Act (CEQA) Guidelines, requested actions are exempt from CEQA because it can be seen with certainty there is no possibility the activity in question may have a significant effect on the environment.

2.      Find pursuant to County Charter Section 916 that these services can be performed more economically and efficiently through an independent contractor than by persons employed in the Classified Service.

3.      Establish appropriations of $250,000 in the Flood Control District Comprehensive Plan, for engineering services, based on available fund balance in the Flood Control District. (4 VOTES)

4.      Approve and authorize the Clerk of the Board to execute three originals of the Third Amendment to Agreement with Nolte Associates, Inc. to provide Flood Control Master Plan Engineering Services on an as-needed basis for additional compensation not to exceed $250,000.

5.      Designate the Director, Department of Public Works, as the County officer responsible for administering the contract.

Relates to Board of Supervisors Agenda Item No. 8

ON MOTION of Director Slater, seconded by Director Cox, the Board of Directors took action as recommended, on Consent.

AYES:       Cox, Jacob, Roberts, Slater

ABSENT: Horn