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MINUTES - 07082003 - C11-C16
....._... ......... ......... ......... ......... ......... _ _ ........._ _.............._....... ......._. ......... ......... ......... ......... _...... _. ....._.. ......... THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE GOVERNING BODY OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT Adopted this resolution on July 8, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, AND GLOVER NOES: NONE DISTRICT III SEAT VACANT ABSENT: SUPERVISOR MARK DESAULNIER ABSTAIN: NONE RESOLUTION NO. 2003/ 448 SUBJECT: APPROVE and AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District, to impose the Annual Benefit Assessments for Fiscal Year 2003104 for Drainage Area 67A (Walnut Creek Area), Drainage Area 75A (San Ramon Area), Drainage Area 76A(Walnut Creek Area), Drainage Area 520 (Oakley Area), Drainage Area 910 (Danville Area), Drainage Area 1010 (Danville/San Ramon Area), and Drainage Area 1010A (Danville/San Ramon Area). Project No. 7505-6F8167, CDD-CP# 99-54 The Board of Supervisors of Contra Costa County, as the governing body of the Contra Costa County Flood Control and Water Conservation District (referred to as the "District"), RESOLVES as follows: The District has previously established Drainage Areas 67A, 75A, 76A, 520,910, 1010,and 1010A pursuant to the provisions of Contra Costa County Flood Control and Water Conservation District Act (West's Wat. Code -- Appendix, Ch. 63); The District has previously determined and proposed for adoption within said drainage areas annual benefit assessments pursuant to the Benefit Assessment Act of 1982(Gov. Code,Sections 54701-54718), which assessments were subsequently approved by the vote required by law; G:\GrpData\FldCtl\Administratbon\Board orders\2003 BO\Res Ben Assmts 7-8-03.doc Orig.Dept:Public Works(FCD) Contact Linda Martinez—313-2279 co County Assessor Asssoor rator CI hereby certify that this is a true and correct copy of an CountyAuditor-Controller action taken and entered on the minutes of the Board of County CounselreaSupervisors on the date shown. County Treasurer-Tax Collector Community Development Building Inspection G.Connaughton,Public Works Accounting-Fee Collections ATTESTED: JULY 08. 2003 ersngServices C.Sellgran,Eng. ery#mss JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By-- � a.-- , Deputy RESOLUTION NO. 2993/448 SUBJECT: APPROVE and AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District, to impose the Annual Benefit Assessments for Fiscal Year 2003/04 for Drainage Area 67A(Walnut Creek Area), Drainage Area 75A (San Ramon Area), Drainage Area 76A (Walnut Creek Area), Drainage Area 520 (Oakley Area), Drainage Area 910 (Danville Area), Drainage Area 1010 (Danville/San Ramon Area), and Drainage Area 1010A(Danville/San Ramon Area). Project No. 7505-6F8167, CDD-CP# 99-54 DATE: July 8, 2003 PAGE: 2 Once benefit assessments have been approved by the voters, Government Code Section 54717 (c) authorizes the Board annually to determine the cost of the services provided to the affected areas of benefit and to determine and impose the assessments; and The Board has before it the report, (see attached Exhibit A), prepared by the Chief Engineer, which report describes the cost of providing drainage and flood control services to the above- numbered drainage areas for fiscal year 2003/04 and the Clerk of the Board has on file lists indicating the annual benefit assessments proposed to be levied against the parcels within the drainage areas to cover the cost of such services; and The proposed assessment rate amounts indicated do not exceed the maximum rates established for each of the Drainage Areas, The Board DETERMINES that the costs of the services financed by the benefit assessments for each drainage area are as follows: FY 2003104 Estimated Drainage Area FY 2002103 Assessment for FY 2003/04 FY 2002103 Assessment for FY 2002103 FY 2003104 Typical Proposed Rate Per Typical Residential Total Estimated Residential Parcel Total lAU Parcel 3.05 IAU Assessment Rate Per IAU 3.05 IAU Assessment 67A lRossmoor $17.29 $52.73 $58,000 $5.96 $18.18 $20,000 75A i Canyon Lakes $6.63 $20.22 $79,000 $2.10 $6.40 $25,000 76A Bogue Ranch $30.13 $91.90 $44,000 $27.39 $83.54 $40,000 520 Laurel Basin $0.00 $0.00 $0 $0.00 $0.00 $0 910 Rassier Ranch $35.18 $107.30 $24,000 $41.04 $125.16 $28,000 1010 Bettencourt $11.84 $36.11 $131,000 $8.13 $24.80 $90,000 1010A Shadow Creek $33.29 $101.53 $34,000 $35.24 1 $107.49 $36,000 The Board IMPOSES the annual benefit assessments set forth in the above-described report, attached hereto as Exhibit A and made a part hereof by reference, and DIRECTS that said benefit assessments be levied against the parcels within Drainage Areas 67A, 75A, 75A, 520,910, 1010, and 1010A and collected in the same manner, and subject to the same penalties and priority of lien, as ether charges and taxes fixed and collected by the County, as provided by Government Code Section 54718. RESOLUTION NO. 2003/448 AAg<::NM�dm rn N:::: m a3 OX =w Vol o m a <v nN a, N R E o d m 8 n 5'> u'r:rR r r y Vj O SO tti �< 69�((}yp 01� (q00 �r� t� im � oec$ v7 1 yOy R�uyt''MeP 4+)CS fY lL 5 Y! 19 y} yMy yq co Sm S 19 D00� c� v7 CYC 23 .� c4 rnacc°�io `►T' E p`ll y y�g :.N iMW� a N d ti aH +W N LL. ir?ur N H(4 vi 01 d LL 8 CYO ti Ol d Cts CD OfO N OJ d 4 yr V* M 03 00 gg y�p�s ppp p �j �dpS 6�N tO �R NR I'�.. N as w 40 �J ui �br Of r0 u47 `3 M;+RC,8pR."r- wcR•s t, N 1F. _ iib {� t�0�M'W C+)i13 �ri]f)tlf +tiN t'VMM 3 M #{ i°c vis°R° m o�amiv � <c3; coormmhn ry C l pn rivi uressv�� t�f t7y}Q?ui nga�i� o� or�otri c5 W y U ,:"+ ienpHNnw +�r tawas NMKv9 60 M ORA;dj. . � .47MGLi e�C�7,M h C d N.N tl;G7 tU � HyH WH }y 1rM N44 H ppp t(Opp Op Ali yd}}O tN� G 4U d tl�Np •H Q9r f/l ti�3 W50Ow � M f C11 C I r O . OMM 69 49 fyri.-.l7 t0 t+14M a dj tu jN lt. C C3 O O C7 �y (�o}}}�pQ ..XXxXXXX ad, xC°vNMgaasxcMv LL 6%H N H W yMy ffy r tfi't1 N N M 6 to of aC1 r CV aC r 0sr"On aCc, tea. tqc .g " yr rn R may 10 ci N s�i ri z ui 0)W {L R ::.M Ml9N a ,� : � j ' :: M� N M N d� H «� a, ft Lo E � °' :acisb '9 s3u`i ie 3 f3 f3 C3 o 06 6 o o dddp sso a d6d�� a cro < C C tb RRvi t7f r r ::[17R h.h Oir r .:f0 t•.R hOf rr � ddddddd ddddddd dddQddd �L' ;:d L7®C5L50CS iHQC7Clt]C]O :{]t][]dL7D8 V/l TO: BOARD OF SUPERVISORS, AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: MAURICE M. SHIU, CHIEF ENGINEER DATE: July 8,2003 SUBJECT: APPROVE contract with Panagraph in the amount of$280,000 for the period July 1,2003 through June 30, 2004, Countywide. (Cities and County Stormwater Utility Fee Assessments) (All Districts)Project No.: 0929-6X7056 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: APPROVE and AUTHORIZE the Chief Engineer or designee,Contra Costa County Flood Control and Water Conservation District,on behalf ofthe Contra Costa Clean Water Program,to execute a contract with Panagraph, in the amount of$280,000 for public education and industrial outreach activities mandated by the Joint Municipal National Pollutant Discharge Elimination System (NPDES) Permits issued by the San Francisco Bay and Central Valley Regional Water Quality Control Boards,for the period July 1,2003 through June 30,2004,Countywide.(Cities and County Stormwater Utility Fee Assessments) (All Districts) Project No.: 0929-6X7056 Continued on Attachment: X Signature - RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _,APPROVE OTHER SIGNATURE(S):�1��e_ �L ACTION OF BOa ON JULY 08, 2003 APPROVED AS RECOMMENDED XX OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. VOTE OF SUPERVISORS Xx UNANIMOUS(ABSENT IV ) AYES: NOES: ATTESTED: JULY 0$, 2003 ABSENT: ABSTAIN: John Sweeten, Clerk of the Board of Supervisors and County DPF:kh Administrator G:\GrpData\NPDES\BO—Res—Contracts_Agmt\Panagraph\ 03 04\BO 06 24 03.doc Orig Div: Public Works(NPDES) By y Deputy Contact: Donald P.Freitas(925)313-2373 cc: CAO Auditor—Contract Division PW-Accounting SUBJECT: APPROVE contract with Panagraph in the amount of$280,000 for the period July 1,2003 through June 30, 2004, Countywide. (Cities and County Stormwater Utility Fee Assessments) (All Districts)Project No.: 0929-6X7056 DATE: July 8, 2003 PAGE: 2 II. Financial Impact: The cost is estimated to be$280,000;and,shall be funded by city and county stormwater utility fee assessments collected by the cities and county proportioned to their respective populations. III. Reasons for Recommendations and Background: The United States Environmental Protection Agency issued the NPDES Regulations for stormwater discharges on November 16, 1990 requiring Contra Costa County,nineteen(19)of its incorporated cities and the Contra Costa County Flood Control and Water Conservation District to implement their Joint Municipal NPDES permits for stormwater discharges issued by the San Francisco Bay and Central Valley Regional Water Quality Control Boards. The Permits seek to significantly reduce or eliminate all pollutants from entering the waters of the San Francisco Bay/San Joaquin Delta Region. The Contra Costa Clean Water Program is made up of representatives of each of the nineteen(19) cities,the County, and the Flood Control District. One of the most important requirements of the Joint Municipal NPDES permit is to implement an effective Public Education and Industrial Outreach Program. The education program is a long-term commitment to modify social behavior to reduce pollution to the San Francisco Bay/San Joaquin Delta. The unanimous recommendation of the Contra Costa Clean Water Program is to contract with Panagraph for the 2003/2004 fiscal year. IV. Consequences of NeErative Action: If the consulting services agreement with Panagraph is not approved,then all municipalities will be in non-compliance with the Joint Municipal NPDES permits issued by the San Francisco Bay and Central Valley Regional Water Quality Control Boards.Potentially,fines totaling$10,000 per day and$10 per gallon of stormwater discharge for all affected entities could be imposed. ^ \ � \ \ ^ . CONSULTING SERVICES AGREEMENT 1. Special Conditions. These Special Conditions are incorporated below bvreference, (a) Public (b) Consultant's Name &Address: PANAGRAPH 8365 N. Fresno Street,4'h Floor Fresno, CA 93720 (o) Project Name, Number, & Location: Contra Costa Clean Water Program's Public Education & Industrial Outreach Program ; Project Nu.: 0929-8X7056 /d\ Effective Date: July 1, 2003 /e\ PaymentLimit(a): $280`080 (f) CompletionDate(s): June 3O'2004 2. Signatures. These signatures attest the parties'agreement hereto: PUBLIC AGENCY ZONSULTANT ^ By: Maurice M. Shiu, Public Works Director/ 8 Chief Engineer,orDesignee signabeoffioia|uopooUyin-thebuminaoo Type of Business: (sole nophebohi tagency, � hi p corpoJ If Corporation,State Rf Incorporation: .� By: Amkk �Z/o� 0,tv - Forcorporations, the contract must be signed by two officers. The Consultant: 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 treasurer.(Civ.Code,Sec. 1190 and Corps.Code.Sec.313.)The acknowledgment below must be signed by a Notary Public. CERTIFICATE OFACKNOWLEDGMENT State ofCalifornia ) --' County of Onthe date written below, before me, the undersigned Notary Public, personally appeared the poraon(m\ signing above for Consultant,personally hnuvwntonne(or proved tnnneonthe basis ofaaUwfa�orye�dence)tobethe pexs` 'hm\whose nmme(a> is/are subscribed to the within instrument and acknowledged to ma that he/she/they 'executed the same ' in his/her/their authmrizadcapaciand that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the pmrmon/o\acted, executed the instrument. WITNESS nnyhand and official seal. Dated: Notary Publifs� (Notary's Seal) FM CCU*, %7VVCbNM8q*4*3*14ZIlX - .................................................................. --__ .................................. 3. Parties. Effective on the above date,the above-named Public Agency and Consultant mutually agree and promise as hdkovva: � 4. Consultant, and Consultant accepts such employment, bmperform the ! professional services described herein, upon the terms and in consideration of the payments stated herein. S. Scope of Service. Scope nfservice shall beaadescribed inAppendix/\`attached hereto and made apart hereof by � this reference. G. Report Disclosure Section.Any document or written report prepared hereunder by Consultant,or a subcontractor,for ! Public Agency shall oontoin, in a separate oeodon. the numbers and dollar amounts of this contract and all sub- contracts relating to the preparation of such document or written report, provided that the payment|imitopeoUgadin ! Sec. I(e)exceeds$5,000.When multiple documents or written reports are the subjectorproducts ofthis agreement, the disclosure section may also contain a statement indicating that the total contract amount represents compensation ! for multiple documents orwritten reports. ! 7. Insurance. Consultant shall, at no cost to Public Agency, obtain and maintain during thehereof. (a)Workers' ! Compensation Insurance pursuant tostate law;and,(b)Comprehensive General Liability Insurance,including blanket � contractual (or contractual liability) coverage, bnoodform propertyd coverage, and coverage for owned and non-owned vehicies, with a minimum combined single limit coverage of $1,000,000 for all damages due to bodily ! injury,sickness or disease,or death to any person,and damage to property, including the loss of use thereof,arising ! out of each accident oroccurrence, and naming Public Agency, Contra Combs County, City of Antioch, City of ! Brentwood,City of Clayton,City of Concord,Town of Danville,City of El Cerrito,City of Hercules,City of Lafayette,City ' of Martinez,Town of Moraga,City ofOakley,City of OrindaCity of Pinole,City of Pittsburg,City of Pleasant Hill,City ! of Richmond, City of San Pablo, City of San Ramon, City of Walnut Creek, its/their governing bodies, officers and ! employees as additional insureds. Consultant ohsA| prumpflyfurnimh to Public Agency oerUfioatem of insurance ! evidencing such oovonyBe and requiring 30 days' written notice to Public Agency of policy lapse, cancellation or ! material change incoverage. ' ' � 8 ����� pub�Agmno ah���Con�b�t��pn�mo�namamk�� pe�nmode*��r�e ehnwnnA4pondxB ' ~~ `m~^~� ~~ =^~" � attached hereto,which include all overhead and incidental expenses,for which no additional compensation shall be � allowed. Notwithstanding the foregoing, those incidental expenses specifically itemized inAppendix B ahnd| be ! reimbursable by Public Agency to Consultant,provided that Consultant submits copies of receipts and,if applicable,a � UmbmUwd mileage log toPublic Agency. in no event shall the total amountpaid to Consultant exceed the payment ! limit(s)specified in Sec. I(e)without prior written approval of the Public Agency.Consultant's billing statements shall ! be submitted at convenient intervals approved by Public Agency and shall list,for each item of services,the employee ! categories, hours and rates. Public Agency will pay consultant in 0000rdmnoa with the requirements of Civil Code ! Section 382Oaoapplicable. 9, Status. The Consultant is an independent contractor, and shall not be considered anemployee of Public Agency. � 10` Time for Completion. Unless the time hsextended inwriting bvPublic Agency,Consultant shall complete all services 14. Extra Work.Any work or services in addition to the work or services described in Appendix A shall be performed by Consultant according to the rates or charges listed in Appendix B. In the event that no rate or charge is listed for a particular type of extra work, Consultant shall be,paid for the extra work at a rate to be mutually agreed on prior to commencement of the extra work. In no event shall Consultant be entitled to compensation for extra work unless a written authorization or change order describing the work and payment terms has been executed by Public Agency prior to the commencement of the work. 15. Payment Retention.Public Agency shall retain ten percent(10%)of the monies due the Consultant as security for the fulfillment of this Agreement.After the Consultant has completed all work under this Agreement,submitted final billing, and the Public Agency has found the work to be accurate,the Public Agency will pay all withheld funds.Public Agency will pay withheld funds in accordance with the requirements of Civil Code Section 3320 as applicable.A retention will not be withheld for any"on-call"work. 16. Termination by Public Agency.At its option,Public Agency shall have the right to terminate this Agreement at anytime by written notice to Consultant,whether or not Consultant is then in default.Upon such termination,Consultant shall, without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement, and shall be paid, without duplication, all amounts due for the services rendered up to the date of termination. 17. Abandonment by Consultant. In the event the Consultant ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the services described in this Agreement,Consultant shall, without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable value of the services performed up to the time of cessation or abandonment,less a deduction for any damages or additional expenses which Public Agency incurs as a result of such cessation or abandonment. 18. Breach. In the event that Consultant falls to perform any of the services described in this Agreement or otherwise breaches this Agreement, Public Agency shall have the right to pursue all remedies provided by law or equity. Any disputes relating to the performance of this Agreement shall not be subject to non-judicial arbitration. Any litigation involving this Agreement or relating to the work shall be brought in Centra Costa County, and Consultant hereby waives the removal provisions of Code of Civil Procedure Section 394. 19. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable laws, statutes, ordinances, rules and regulations,whether federal, state,or local in origin.This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. 20. Assignment. This Agreement shall not be assignable or transferable in whole or in part by Consultant, whether voluntarily,by operation of law or otherwise;provided,however,that Consultant shall have the right to sub-contract that portion of the services for which Consultant does not have the facilities to perform so long as Consultant notifies Public Agency of such subcontracting prior to execution of this Agreement.Any other purported assignment,transfer or sub- contracting shall be void. 21 Subcontracting.All subcontracts exceeding$25,000 in cost shall contain all of the required provisions of this contract. Consultant will pay each subconsultant in accordance with the requirements of Civil Code Section 3321 as applicable. 22. Endorsement on Plans.Consultant shall endorse all plans,specifications,estimates,reports and other items described in Appendix A prior to delivering them to Public Agency, and where appropriate,indicate his/her registration number. 23. Patents and Copyrights.The issuance of a patent or copyright to Consultant or any other person shall not affect Public Agency's rights to the materials and records prepared or obtained in the performance of this Agreement.Public Agency reserves a license to use such materials and records without restriction or limitation,and Public Agency shall not be required to pay any additional fee or royaltyfor such materials or records.The license reserved by Public Agency shall continue for a period of fifty years from the date of execution of this Agreement,unless extended by operation of law or otherwise. _-----------__-_. ~~~—~—`—.—~—.--'_- 24. ncy, governing « body, officers, employees, representatives, and agents ("Indemnitees")from any and all demands, losses, claims, costs,suits,liabilities,and expenses for any damage,injury,or death(collectively"Liability")arising directly or indirectly from or connected with the services provided hereunder which is caused,or claimed or alleged to be caused,in whole or in part, by the negligence or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants, or any persons under its direction or control and shall make good to and reimburse Indemnitees for any expenditures, including reasonable attorneys' fees and costs, the Indemnitees may make by reason of such matters and , if requested by any of the Indemnitees, shall defend any such suits at the sole cost and expense of � Consultant. ~~..~~~ .^. .~ g".,.= under= this section shall exist regardless of uy /wu /ex negligence or v,m'u/ misconduct on the part nfthe Public Agency or any other person; provided, however, that Consultant shall not be required to indemnify Indemnitees for the proportion of liability a court determines is attributable to the negligence or willful misconduct of the Public Agency, its governing body,officers,or employees. This indemnification clause shall survive the termination or expiration of this Agreement. � 25. Heirs,Successors and Assigns.Except as provided otherwise inSection 2Oabove,this Agreen�entshall inure tothe m � benefit orand od tkeAexa. aucoesaoro. axeoutors. pensuna|rapnyoehtot�ea. ondaom' moftheportiem. ^ 26. Public Endorsements.-Consultant ehaUmd � i� emaConau��wK Public endomem oppowatheuneofonypad�u�nbrandnameorcommmn�olproduotvvNloutthepr�ropprovaofUhe - k: ! governing board. In its Public Agency Consultant capacity, Consultant shall not publicly qualities to a particular brand name or commercial product in the absence of a well-established and widely accepted scientific basis for such claims or without the prior approval of the Public Agency's governing board. In its Public Agency Consultant capacity,Consultant shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial product, even if Consultant is not publicly endorsing a product,as long as the Consultant's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Public Agency. Notwithstanding the foregoing,Consultant may express its views on products to other Consultants, the Public Agencys governing board, its officers, or others who may be authorized by the Public Agency's governing board or by law to receive such views. ! 27. Project Personnel. In performing the services under this Agreement, Consultant shall use the personnel listed h) ! Appendix C. attached hereto and made opart hereof bvthis reference. Changes in project personnel may only be made with Public written consent,and Consultant shall notify Public Agency in writing at least thirty(30)days ! inadvance ofany proposed change. Any person proposed aeareplacement shall possess training,experience and ! credentials comparable tothose ofthe person being replaced. - - 28 Disadvantaged Business Enterprise(DBE) Reaulrements (Federal aid Projects only). Consultant shall comply with � . � all applicable provisions of49CFR, Parts 23ond2G and the ' Disadvantaged � . (DBE) � Program,which incorporated � Agreement, Consultant shall utilize all DBEs listed |nConsultant's written responsetothe Public Agency's request ! for qualifications or request for proposal and shall pay to the listed DBEs the estimated amounts listed in Appendix ! 8attached tothis Agreement. The Consultant shall not substitute olisted DBE edany time ordecrease the ! amount to be paid to a listed DBE without the advance, written consent of the Public Agency. |Yolisted DBE ie ! proposed tobereplaced, Consultant shall make ogood faith effort toreplace the original DBE with another DBE ! and shall submit tnPublic Agency written documentation ofsuch effort. � 29. Federal Cost Principles and Procedures (Federal aid projects only). Consultant shall comply with the following provisions,which are incorporated into this Agreement by reference:(a)the cost principles for allow ability of individual items of costs set forth in 48 CFR, Chapter 1, Part 31:(b)the administrative procedures set forth in 49 CFR,Part 18; and (c) the administrative procedures for non-profit organizations set forth in OMB Circular A-1 10, if applicable to Consultant. In the event that payment is made to Consultant for any costs that are determined by subsequent audit to be unallowable under 48 CFR, Chapter 1, Part 31, Consultant shall refund the payment to Public Agency within 30 x action mrecover the refund, Consultant shall reimburse the Public Agency for all attorney's fees, costs, and other expenses incurred byPublic Agency inconnection with such action. Attachments:ApndiAAppendix sr Scope of Work Appendix A CONTRA COSTA CLEAN WATER PROGRAM PUBLIC EDUCATION AND INDUSTRIAL OUTREACH 2003/04 FISCAL YEAR The following program development, implementation and assessment tasks are suggested for year three of the Program's outreach plan. These materials, media and outreach activities are strategically aligned with those developed in year one and two to assure a cohesive outreach program. Task 1: Assessment Public Opinion Survey—$25,000 Implement a quantitatively reliable telephone survey within.Contra Costa County that measures public awareness of storm water,knowledge of water bodies and environmental issues that surround Contra Costa County. Assess the knowledge of the Program and its messages. Compare results with those gathered from the 2000,2001 and 2002 public opinion surveys to measure and evaluate changes in the public's awareness of storm water quality messages and pollution prevention behaviors with emphasis on information disseminated through the Program's mixed media campaign. Task 2: Media Evaluation-$2,500 Prepare a detailed media reconciliation report outlining the goals and messages of the campaign as well as define the target audiences,reach, frequency, value added media and total campaign sources and costs. Task.3: Direct Mail Campaign-$10,000 Development of a direct mail campaign that utilizes the action tagline"Water is life. Rescue it."Potentially team up with other organizations to distribute information on Mercury and possibly have a thermometer exchange event. A new design may be developed or the Program may use the BASMAA Mercury artwork as the basis of the direct mail piece. 1 Task 4: Web Site- $10,000 Update the Contra Costa Clean Water Program website with new Program materials. Expand upon the site to allow staff, residents,businesses and community groups easy and quick access to key program elements. Add additional information for the residents of Contra Costa County on current campaigns. Task 5a: PSA Development -$30,000 Produce a :30 English television spot. This line item will include creative development and production of the commercial. This spot will initially be aired during the spring/summer of 2004. Incorporate the toll-free phone number and web address into the PSA. Task 5b: Media Campaign - $120,000 Conduct a media campaign utilizing cable television. The purpose of the campaign is to educate and reinforce the Program's pollution prevention messages to the public. Provide media planning,placement and assessment services. Analyze costs and audiences reached by specific programming, and negotiate and implement contracts. Provide the Program with documentation of task progress for approval. Reinforce message recognition and understanding by using a new public service announcement. Task 6a: Schools Program Implementation - $10,000 High school students and educators have been identified as important audiences to the success of the PEIO committee objectives. In 2001-2002, teacher workshops were held and a learning activity was developed. During 2002-03, PEIO efforts targeted four school districts within Contra Costa County and implemented school in-services. In 2003-04, follow up calls, information and inservices as needed will be implemented. Additionally, there are"Clean Campus"opportunities available for competitions across Contra Costa High Schools. Task 6b: Schools Program Supplies,Material and Resources -$7,500 Various supplies,materials and resources will be necessary to implement the schools program. Expenses may include but not be limited to such items as printing and distribution of schools program packet, illustrations, transparencies, CD's and various duplication costs. 2 Task 7': Promotional Items - $10,000 Design specialty items to support community events and other projects. Provide alternatives to staff and the PEIO committee for approval. Develop and reproduce materials as directed. Task 8. Printed Materials - $10,000 Organize and provide printing of materials as needed by the Program. Task 9: Project Management- $45,000 Provide process management and coordination services to assure continuity of public outreach messages among various forms of media and materials developed during the contract year. Provide PEIO committee with monthly status reports on program development activities and produce brief evaluation documents as needed to summarize the development of program media and materials.Provide print estimating, vendor management and quality control services as required to assure consistent quality in the production of program materials. 3 li4,16. _. .... Fee Schedule and charges Appendix B Current Fee Schedule (Hourly billing rates) 1. Consultant.Services: $120 Strategic planning,Project management, Meetings, Coordination, Research, etc... 2. Creative Direction $110 3. Design and Copywriting $95 4. Art services $95 5. Web services $95 6. Public &Media Relations $95 7. Event coordination, media analysis,planning, buying $95 8. On-location and studio photography $110 9. Videography with BETA SP equipment $155 Additional crew member $65 Post production editing $155 Graphic effects, animation $135 Computer rendering $60 Archiving/dubbing $95 VHS Dubs (per 15 unit) $15 Beta SP Stock $60 DLT Stock $65 Audio Stock $11 10. Support services including: $65 Database input, mailing services etc... 11. PowerPoint Presentation $95 1 ............................................................................................................................................................................................................................................................................................................................ ...... ......... ...... ... .._...... ......... ........ ........ .. .. ......... ..... ....... ......................._. ..__..... ......... 12. Miscellaneous costs: Phone &Fax $50/month Car mileage .36/mile Printing/Music rights mark ups 10% Subcontractor mark ups 10% Low Res. Color printouts (8 1/2 x 11 unit) $1.50/unit Photocopies 10/unit Computer rendered calor proofs Per 8 %x 11 unit $10 Per 11 x 17 unit $20 Stock Photos—in house library $50 per image Stock music---in house library $75/drop Photo scans and print negatives 25%mark up 2 ................. .......................... ...........-.................... .................................. Personnel Appendix C Principal Designer President Writer CEO Editor CFO Senior Vice President Senior Public Relations Consultant V.P. of Operations Public Relations Consultant V.P. of Business Development V.P. of Client Services Media Relations Director V.P. of Public Relations Media Analyst Media Buyer and Planner Senior Consultant Mixed Media Campaign Coordinator Consultant Marketing Supervisor Marketing Manager Account Leader Account Coordinator Administrative Support Office Manager Creative Director Art Director Senior Graphic Designer Graphic Designer Production Artist Website Development Director Illustrator Digital Media Department Manger Visual Effects Producer Visual FX and Animation Director Videographer Video Producer Production Coordinator Digital Video Engineer Digital Video Editor Multi Media Producer Animator Photographer Director Copyeditor .....................- MAY.12.2008 11;46AM PANAGRAPH MARKETING NO.810 F'.2/2 + rano wwwiw * (W T� own tam W rcpt . k� t� Nun gid' C.or>�i en sawner mreidtmtoaer.one tat to"MS. 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U.S.pemwmom Use form W-a onty if you am a U's person R you am a U.S.resident than who is tetjrtnil on on (tnciud sa that atiarn).1ttY ptt�t W&yox correct TtiV to the e=440on contained in ft sewing dame e of a lzx asap to pmson rw W number t0 6e ism.tdwvvques end,wtren apf+g ,rte' claim an exemp tion fmm U4.wx ran certain•+gales of Inconv, .Car*et yg Is worth(or year ate you must stale#a 'thaw smites Me'Fo}t�lore wa 2.Ce"that you we net stjoet To backup witkiit+atding, 1.The vwq ,GerwaW,Oft mrrat be ft am or weary under vita yatm claimed marmrt>pdtrrm)test##Um as a $-claim exsRnpt3grt irntli baclttep vssit#thttlding if you,arra a noormvident aIten. u.s.tree ttpitptsmyoe 2.?he treaty article tJa addnttg the itlette. NoW IP a a shim~than Form W-9 S.The article nwnbex ear locadan)in the wx treaty that Mow�a the art firm f`it� mains the savytg cla use guild Its excgWons. stahsoartd sktti*tee this Form Wim, at.The type and amoum c f Incom that gw0m for the Fosrtmrign paneote, lt<t If Wafts a person,use the exemption Hearn rax, a fwM V #Pt�i N a,Withhold"of 1'a+e Orr S.Su'pilwiernt Eras to jtfm fy.tire exemption fromrn rwl under t rt Aliens and Foreign ltiilia* the lmssrms of the meaty :te CO.W. W-8 ow.I-Mm 05/12/03 MON 11:45 [TX/RX NO 50221 Q002 TO: BOARD OF SUPERVISORS, AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: MAURICE M. SHIU, CHIEF ENGINEER DATE: July 8, 2003 SUBJECT: APPROVE contract with Eisenberg, Olivieri& Associates in the amount of$90,000 for the period July 1,2003 through June 30,2004,Countywide. (Stormwater Utility Fee Assessments) (All Districts) Project No.: 0929-6X7055 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: APPROVE and AUTHORIZE the Chief Engineer,Contra Costa County Flood Control and Water Conservation District,on behalf of the Contra Costa Clean Water Program, to execute a contract with Eisenberg, Olivieri & Associates in the amount of$90,000 to provide technical consulting services for the period July 1, 2003 through June 30, 2004, Countywide (Cities and County Stormwater Utility Fee Assessments)(All Districts)Project No. 0929 60055. Continued on Attachment: X Signat ,--,'RECOMMENDATION OF COUNTY ADMINISTRATO RECOMMENDATION OF BOARD COMMITTEE .--`""APPROVE OTHER SIGNATURE(S): , ACTION OF B CON ,JULY 08, 2003 APPROVED AS RECOMMENDED xx OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct copy of an action taken XX UNANIMOUS(ABSENT IV ) and entered on the minutes of the Board of Supervisors on the date AY-ES: NOES: shown. ABSENT: ABSTAIN: DPF:mm ATTESTED: JULY 08, 2003 G:\GrpData\NPDES\BO_Res_Contracts_Agmt\EOA1 John Sweeten, Clerk of the Board of Supervisors and County BO EOA 03 04.doc Administrator Orig Div: Public Works(NPDES) Contact: Donald P.Freitas(925)313-2373 cc: CAO Auditor—Contract Division By T ,ick. ,Deputy PW-Accounting SUBJECT: APPROVE contract with Eisenberg, Olivieri & Associates in the amount of $90,000 for the period July 1, 2003 through June 30, 2044, Countywide. (Stormwater Utility Fee Assessments) (All Districts) Project No.: 4929- 6X7055 DATE: July 8, 2003 PAGE: 2 11. FinanciallImr)act: The cost is estimated to be $90,000; and, shall be funded by stormwater utility fee assessments collected by the cities and county proportioned to their respective populations. 111. Reasons for Recommendations and Background: The United States Environmental Protection Agency issued the National Pollutant Discharge Elimination System(NPDES)Regulations for municipal stormwater discharges on November 16, 1990 requiring Contra Costa County,nineteen(19)of its incorporated cities and the Contra Costa County Flood Control and Water Conservation District to obtain a Joint Municipal NPDES permit from the San Francisco Bay and Central Valley Regional Water Quality Control Boards. The Permits require municipalities to eliminate all pollutants from entering the municipal storm drain system. The Contra Costa Clean Water Program's Management Committee directs the Clean Water Program. The Committee is made up of representatives from each of the nineteen(19)cities,the County,and the Flood Control District. An important requirement of the Joint Municipal NPDES Permit is stormwater monitoring, and conducting special studies and watershed assessments. Temporary technical and project management services are required to keep the Program in compliance due to the loss of one of the Program's critical technical staff. IV. Consequences of legative Action: If the consulting services agreement with Eisenberg,Olivieri&Associates is not approved,then all municipalities will be in non-compliance with the Joint Municipal NPDES permits issued by the San Francisco Bay and Central Valley Regional Water Quality Control Boards. Potentially,fines totaling$14,040 per day and$10 per gallon of stormwater discharge for all affected entities could be imposed. - , u CONSULTING SERVICES AGREEMENT 1. These Special Conditions are incorporatedbelow bvreference. (a) pub||o : Contra Costa County Flood Control &Water Conservation District (b) Consultant's Name &Address: Eisenberg, Olivieri&Associates 1410 Jackson Street Oakland,CA94612 (c) Project Name, Number, & Location: Monitoring Program and Special Study Management, Project No. O92B6K7O55 (d) Effective Date: July 1. 2003 (o) Payment L|rn|t(m): $S0.00U UD CompletionDate(m): June 8O. 2OO4 2.SklnatLres. Themealano$ures attest the parties'agreement hereto: PUBLIC AGENCY CONSULTAUT By: Maurice M. Shiu Public Works Director/ By: Chief Engineer, orDesignee (Designate official capacity inthe business T\WoflBuninaae: (sole propdmbnnyhip, government agency, partnership, etc.) If Corporation, By: By: —,"A, h7_ 7711P (DesignatPlIficial capacity in the business) Note to Consultan : For corporations, the contract must be signed bvtwo officers. The first signature must be that ofthe chairman of the board, president,or vice-president;the second signature must be that of the secretary,assistant secretary, chief financial officer,or assistant treasurer.(Civ.Code,Sec. 1190 and Corps.Code. Sec.313.)The acknowledgment below must be signed byaNotary Public. CERTIFICATE[>FACKNOWLEDGMENT State pfCalifornia > ) m.��' County of oo' Onthe date written below, before me, the undersigned Notary Public, personally appeared the pem;on/o>signing above for Consultant, pen*onAx\whose nonla/s\ is/are wuononoeo no the within instrument and ouknovNadQo$ to me that he/shulthayexecubsd the same in his/her/their authorized i iem\. andd1otbvhim/her/thmirmignobure(s)onthminebomentthmpmrmon(m). ortheemthvuponbehalfof which the persmn(o)acted,executed the Instrument. WITNESS nmyhand and official aeo|. Dated: Notary Public ( 8mm) COMM. #1277310 �� RA NOTARY PUBLIC-CALIFORNIA ALAMEDA COUNTY ......... ......... ......_...._...._. ............................ ........ . 3. Parties.Effective on the above date,the above-named Public Agency and Consultant mutually agree and promise as follows: 4. Employment. Public Agency hereby employs Consultant,and Consultant accepts such employment,to perform the professional services described herein, upon the terms and in consideration of the payments stated herein. 5. Scope of Service. Scope of service shall be as described in Appendix A, attached hereto and made a part hereof by this reference. 6. Report Disclosure Section.Any document or written report prepared hereunder by Consultant,or a subcontractor,for Public Agency shall contain, in a separate section, the numbers and dollar amounts of this contract and all sub- contracts relating to the preparation of such document or written report, provided that the payment limit specified in Sec. 1(e)exceeds$5,000.When multiple documents or written reports are the subject or products of this agreement, the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written reports. 7. Insurance. Consultant shall, at no cost to Public Agency, obtain and maintain during the term hereof: (a)Workers' Compensation Insurance pursuant to state law; (b) Professional Liability Insurance with minimum coverage of $1,000,000 and a maximum deductible of$250,000; and (c) Comprehensive General Liability Insurance, including blanket contractual(or contractual liability)coverage,broad form property damage coverage,and coverage for owned and non-owned vehicles,with a minimum combined single limit coverage of$1,000,000 for all damages due to bodily injury,sickness or disease,or death to any person,and damage to property, including the loss of use thereof,arising out of each accident or occurrence, and naming Public Agency, Contra Costa County, City of Antioch, City of Brentwood,City of Clayton,City of Concord,Town of Danville,City of EI Cerrito,City of Hercules,City of Lafayette,City of Martinez,Town of Moraga,City of Oakley,City of Orinda,City of Pinole,City of Pleasant Hill,City of Richmond,City of San Pablo,City of San Ramon,City of Walnut Creek,its/their governing bodies,officers and employees as additional insureds. Consultant shall promptly furnish to Public Agency certificates of insurance evidencing such coverage and requiring 30 days'written notice to Public Agency of policy lapse, cancellation or material change in coverage. 8. Payment. Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix B attached hereto, which include all overhead and incidental expenses,for which no additional compensation shall be allowed. Notwithstanding the foregoing, those incidental expenses specifically itemized in Appendix B shall be reimbursable by Public Agency to Consultant,provided that Consultant submits copies of receipts and,if applicable,a detailed mileage log to Public Agency. In no event shall the total amount paid to Consultant exceed the payment limit(s) specified in Sec. 1(e) without prior written approval of the Public Agency. Consultant's billing statements shall be submitted at convenient intervals approved by Public Agency and shall list, for each item of services, the employee categories, hours and rates. Public Agency will pay consultant in accordance with the requirements of Civil Code Section 3320 as applicable. 9. Status. The Consultant is an independent contractor, and shall not be considered an employee of Public Agency. 10. Time for Completion. Unless the time is extended in writing by Public Agency,Consultant shall complete all services covered by this Agreement no later than the Completion Date(s)listed above. 11. Record Retention and Auditing.Except for materials and records delivered to Public Agency,Consultant shall retain all materials and records prepared or obtained in the performance of this Agreement, including financial records,for a period of at least five years after Consultant's receipt of the final payment under this Agreement.Upon request by Public Agency, at no additional charge, Consultant shall promptly make such records available to Public Agency, or to authorized representatives of the state and federal governments,at a convenient location within Contra Costa County designated by Public Agency, and without restriction or limitation on their use. 12. Documentation.Consultant shall prepare and deliver to Public Agency at no additional charge,the items described in Appendix A to document the performance of this Agreement and shall furnish to Public Agency such information as is necessary to enable Public Agency to monitor the performance of this Agreement. 13. Ownership of Documents.All materials and records of a finished nature,such as final plans,specifications,reports, and maps,prepared or obtained in the performance of this Agreement,shall be delivered to and become the property of Public Agency.All materials of a preliminary nature,such as survey notes,sketches,preliminary plans,computations and other data,prepared or obtained in the performance of this Agreement,shall be made available,upon request,to Public Agency at no additional charge and without restriction or limitation on their use. 14. Extra Work,Any work or services in addition to the work or services described in Appendix A shalt be performed by Consultant according to the rates or charges listed in Appendix B. In the event that no rate or charge is listed for a particular type of extra work, Consultant shalt be paid for the extra work at a rate to be mutually agreed on prior to commencement of the extra work. In no event snail Consultant be entitled to compensation for extra work unless a written authorization or change order describing the work and payment terms has been executed by Public Agency prior to the commencement of the work. 15. Payment Retention.Public Agency shall retain ten percent(10%)of the monies due the Consultant as security for the fulfillment of this Agreement.After the Consultant has completed all work under this Agreement,submitted final billing, and the Public Agency has found the work to be accurate,the Public Agency will pay all withheld funds.Public Agency will pay withheld funds in accordance with the requirements of Civil Code Section 3320 as applicable.A retention will not be withheld for any"on-call"work. 16. Termination by Public Agency.At its option,Public Agency shall have the right to terminate this Agreement at anytime by written notice to Consultant,whether or not Consultant is then in default. Upon such termination,Consultant shall, without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement, and shall be paid, without duplication, all amounts due for the services rendered up to the date of termination. 17. Abandonment by Consultant. In the event the Consultant ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the services described in this Agreement, Consultant shall, without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable value of the services performed up to the time of cessation or abandonment,less a deduction for any damages or additional expenses which Public Agency incurs as a result of such cessation or abandonment. 18. Breach. In the event that Consultant fails to perform any of the services described in this Agreement or otherwise breaches this Agreement, Public Agency shall have the right to pursue all remedies provided by law or equity. Any disputes relating to the performance of this Agreement shall not be subject to non judicial arbitration.Any litigation involving this Agreement or relating to the work shall be brought in Contra Costa County,and Consultant hereby waives the removal provisions of Code of Civil Procedure Section 394. 19. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable laws, statutes, ordinances, rules and regulations, whether federal, state, or local in origin. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. 20. Assignment. This Agreement shall not be assignable or transferable in whole or in part by Consultant, whether voluntarily,by operation of law or otherwise;provided,however,that Consultant shall have the right to sub-contract that portion of the services for which Consultant does not have the facilities to perform so long as Consultant notifies Public Agency of such subcontracting prior to execution of this Agreement.Any other purported assignment,transfer or sub- contracting shall be void. 21 Subcontracting.Alt subcontracts exceeding$25,000 in cost shall contain all of the required provisions of this contract. Consultant will pay each subeonsultant in accordance with the requirements of Civil Code Section 3321 as applicable. 22. Endorsement on Plans.Consultant shall endorse all plans,specifications,estimates,reports and other items described in Appendix A prior to delivering them to Public Agency, and where appropriate, indicate his/her registration number. 23. Patents and;Convrights.The issuance of a patent or copyright to Consultant or any other person shall not affect Public Agency's rights to the materials and records prepared or obtained in the performance of this Agreement.Public Agency reserves a license to use such materials and records without restriction or limitation,and Public Agency shall not be required to pay any additional fee or royalty for such materials or records.The license reserved by Public Agency shall continue for a period of fifty years from the date of execution of this Agreement,unless extended by operation of law or otherwise. ------------_ ................................ ........... � ` 24. v """x ""'ic=" employees, costs,suits,liabilities,and expenses for any damage,injury,or death(collectively"Liability")arising directly or indirectly from or connected with the services provided hereunder which is caused,or claimed or alleged to be caused,in whole or in part, by the negligence or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants,or! ' p expenditures, i.dudireasonable a�ornmye'fawaand costs,Uhe|ndenn good rnoycnahebvreomundfmunhnn� �~ � and , if requested by any of the Indemnitees,shall defend any such suits at the sole cost and expense of Consultant. Consultant's obligations under this section shall exist regardless of concurrent negligence or willful misconduct on the part of the Public Agency or any other person; provided, however, that Consultant shall not be requiredtoindemnify Indemnitees for the proportion of liability a court determines is attributable to the negligenceorwi|lfu}rnimoonduotofthe Public Agency,its governing body,officers,or employees. This indemnification clause shall survive the termination or � expiration ofthis Agreement. 25. Heirs,Successors and Assigns. Except as provided otherwise in Section 20 above,this Agreement shall inure to the � benefit of and bind the heirs, successors, executors, personal representatives, and assigns of the parties. ` 26, Endorsements.-Consultant shall not inits capacity as aConsultant with Public Agency publicly endorse or � oppose the use of any particular brand name or commercial product without the prior approval of the Public Agency's � governing board. In its Public Agency Consultant capacity, Consultant shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely accepted scientific basis for such claims or without the prior approval of the Public Agency's overnin board. In its Public Agency Consultant capacity,Consultant shall not participate orappear inany commercially-produced advertisements ! designed hzpromote a particular brand name orcommercial product, even if Consultant isnot publicly endorsing a ! product,aslong aothe Consultant's presence In the advertisement can reasonably be interpreted as an endorsement ! of the product by or on behalf of Public Agency. Notwithstanding the foregoing,Consultant may express its views on ! products to other Consultants,the Public Agency's governing board, its officers,or others who may be authorized by � the Public Agency's governing board orbylaw boreceive such views. � 27. Proiect Personnel. In performingthaumn/icemundorthimAonaannent, Cunmu!bantohaUueethepen»onne| |istmdin Appendix C, attached hereto and made opart hereof bythis reference. Changes in project personnel monly be ! made with Public Agency's written consent,and Consultant shall notify Public Agency in writing at least thirty(30)days ! inadvance ofany proposed change. Any person proposed as a replacement shall possess training,experience and � credentials comparable tothose ofthe person being replaced. 28. Disadvantaged Business Enterprise(DBE)Reauirements (Federal aid voiects only). Consultant shall comply with ^ all applicable provisions of48CFR, Pods 23 and 26and the County's Disadvantaged Business Enterprise(DBE) � Program,which are incorporated' int'_this Agreement_y reference._ ... addition, in performing- z Agreement, ' - ' request , for qualifications or request for proposal and shall pay huthe listed DBEs the estimated amounts listed in Appendix Battached to this Agreement. The Consultant shall not substitute olisted DBE at any time or decrease the amount to be paid to a listed DBE without the advance,written consent of the Public Agency. |fmlisted DBE|o proposed to be replaced, Consultant shall make a good faith effort to replace the original DBE with another DBE ! and shall submit toPublic Agency written documentation cf such effort. � 29. Federal Cost Princioles and Procedures (Federal aid Proiects, only). Consultant shall comply with the following provisions,which are incorporated into this Agreement by reference:(a)the cost principles for allow ability of individual � items of costs set forth in 48 CFR.Chapter i. Part O1:(b)the administrative procedures set forth in4BCFR, Part 18; administrative procedures for nonpn»fitorganizations methnthinOMBCircu|mrA-110, ifapp{ioob/mbn � Consultant. |nthe event that payment iemade toConsultant for any costs that are determined bysubsequent audit to be unallowable under 48 CFR, Chapter 1, Part 31, Consultant shall refund the payment to Public Agency within 30 ! days ofwritten request from Public Agency. Should Consultant fall todoso, and should the Public Agency file legal action borecover the refund, Consultant shall reimburse the Public Agency for all attorney's fees, costs, and other expenses incurred byPublic Agency inconnection with such action. Attachments:Appendix A.Appendix B.Appendix C Form approved bvCounty Counsel (11/UO) (3:VSrpDatoUVPOES\FORyWS\CGA-PLover 25ODU.doc ' ^ , � 9 Eisenberg, Olivieri & Associates Environmental and Public Health Engineering APPENDIX "A" Contra Costa Clean Water Program NPDES Compliance Scope of Work - Fiscal Year 2003/2004 Monitoring Program and Special Study Management Services BACKGROUND This scope of work (SOW) describes proposed tasks, budgets, and the schedule Eisenberg, Olivieri and Associates (EOA) will follow to provide technical and project management services to the Contra Costa Clean Water Program (Program). Monitoring storm water, conducting special studies and watershed assessments, and facilitating monthly meetings are requirements of the Program's Joint Municipal NPDES Permits (CA0029912 & CA 0083313). PROPOSED TASKS EOA will provide 15 hours/week or a total not to exceed 780 hours of staff time for fiscal year 2003/2004 (July 1, 2003 to June 30, 2004) to assist on tasks associated with the Program's FiscalYear 200212003 Annual Report, and Fiscal Year 2003/2004 monitoring, watershed assessment, and special study related activities. Descriptions of tasks and deliverables are defined in the attached Table A- EOA task list, deliverables and timeline. SCHEDULE AND DELIVERABLES This Scope of Work (SOW) includes tasks to be performed in Fiscal Year 2003/2004. EOA will provide the Program with deliverables associated with the tasks defined in Table A in a timely manner. A schedule identifying each deliverable and its relative due date is included in Table A. BUDGET The budget for the entire project is $90,000 including labor and expenses. The project budget is based' upon a Senior Scientist I working approximately 15 hours/per week on the tasks described in Table A during the contract period (July 1, 2003 to June 30, 2004). The work will be based on a time and materials basis, consistent with the most current EOA fee schedule. The levels of effort for tasks 1.0— 10.0 are defined in Table A. 1410 Jackson Street + Oakland, CA 94612 • tel: (510) 832-2852 0 fax: (510) 832-2856 ......... ......... ..__..... ...........----........_.......___ _. __... .................. J nco EOA9 Eisenberg, Olivieri, & Associates Environmental and Public Health Engineering Appendix "B" 2003 FEE SCHEDULE The following fee schedule covers personnel rates for EOA, Inc. staff. Our charges are divided into two categories: personnel, and outside direct expenses. A new fee schedule is issued at the beginning of each year. Charges for all work, except where other arrangements have been made, are based on the new schedule of charges. PERSONNEL Personnel charges are for any technical, clerical or administrative work necessary to perform the project. Work tasks include geologic and environmental consulting, engineering and computer services, regulatory liaison, and report preparation. Personnel rates are as follows: Personnel Category Hourly Rate Principal $975 Supervising Engineer/Scientist $165 Senior Engineer/Scientist Ill — Project Leader $135 Senior Engineer/Scientist 11 $125 Senior Engineer/Scientist 1 $112 Associate Engineer/Scientist 11 $105 Associate Engineer/Scientist 1 $ 85 Technician $ 69 Clerical/Computer Data Entry $ 50 Charges for professional services are in increments of one quarter-hour. Depositions/legal testimony charged portal-to-portal, at 200% of standard rates, with a four-hour minimum charge. In accordance with California Civil Procedure 2037.7, where applicable, the minimum fee must be paid prior to commencement of testimony. Preparation for court cases is charged on a time-and-materials basis as outlined in this fee schedule. 1410 Jackson Street • Oakland, CA 94612 • tel: (510) 832-2852 • fax: (510) 832-2856 2003 FEE SCHEDULE (Continued) OUTSIDE DIRECT EXPENSES Reimbursement for expenses directly related to services provided will be charged at cost plus 10%. Examples of such direct expenses include: • Costs of subconsultants or subcontractors • Costs of special fees (insurance, permits, etc.) • Costs of long-distance telephone, copying, drafting, blueprints, etc. (EOA copies charged at$ 0.10 each) • Computer time for special graphic or data analysis applications at$10/hr of computer time. • Costs or rental of special equipment • Costs of authorized travel outside Bay Area • Automobile mileage directly related to services (a@ $ 0.365/mile) INVOICES Invoices are prepared and submitted on a monthly basis, as either final or progress billings and are payable upon receipt unless prior arrangements have been made. Interest of 1-1/2% per month, or the maximum rate allowed by law, is payable on accounts not paid within 30 days. EOA, Inc. G:\GrpData\NPDES\BO_Res_Contracts_Agmt\EOA\03-0412003 FEE—Arg)B.doc 2 .......... .................................................. ............................................... ............ .............. ........-.......... ............................ ................................. Appendix "C" Project Personnel and Classifications Name Classification Chris Sommers Senior Engineer/Scientist I Adam Olivieri Principal Fred Jarvis Supervising Engineer/Scientist Jon Konnan Senior Engineer/Scientist 11 Jeff Soller Senior Engineer/Secientist IH Paul Randall Associate Engineer/Scientist H ........................ .......................... ........ 0 a E c c a. o �s E o > o z C Ei ey ns E 'a vt ° a 2 CL az3i cs ° o o LL w a 'a 'a cn >S c �' u0i w m 4 0) Ln (D 0) w a c LL I— c c+ c c c o •� Q co d m d d Q aoic :a c4) M U E ccs dcu O a cv c G cu GJ CO Q. E a 0 E EC.L. c O CO C.. p y vl a U3 = a C r o a Z C CL m om. C 0CL a > ci tan > c > 0 O ni cU EW c C m a o 0U) N U 0 c � w 0 cL o 0 N ccoz w m � c ro a CO � 0 E zs a0i �s d W Co a > to > ar 0co " _C-4 6 _ =a 'a E Cil CU cc > � 0r� c c0 N N c ra .v a m 0 o a''i- -°i a do o F- L Co yr >- a. Ck m E u o a. o ti w- c O rn 0 0G to a? '� 0 o c d aa. 0 a_ c �_ y o cis IN cv G U e ( O L E NJ E N 0 � 0 0_ ty a Qy 0 Cc C L a. d N a O Ci3 C ch E �- 0 cis CJ CO C L7 d .0 } 0 0 a y M � � L � � � a c O � � Ca 4 0 m d E � and was = yoUo 4) CL o a ® ? m^a- c m:F 0 CL 0 a U, 'a L E -o C3 O c[S � � � � C ui C to � 5 ro t� c cm ran5+ `wv Eac�ac Co N 2D Ec �. U � m y ym aro ' c �i Co c y ca 'v, g, E ci U U o cL 0 o' d sn c(D Co a L 0 cL a 0 m cis ? (� 0 cis a � d a 0 c a to CL C mE a.. `� ? � ' mac adoCc a cri mea y c E CLis U sa � C7 o y 3 a -c0 a .- 0 0 ,L c F_ 0 0 c E 0 c cro -ca) c 03ca a a > c w, m 21= c .'� Co +u E CD ccis c m °� 0� 0a O) o w.c " ? E ° po L o a C7 � 0 � `s � vs . ac'i 'D 20 o2U cu asc in U ccs v }' a , 0 , a es � m v aec Oo v, c c O 0 2 0 >N v0i vi c o y O o um wo a. U d U cis as a_ � � m a.. � Z d d f a_ � o a. a_ cn r cri r'i � cri cti r- ai ai � For, -9 Request for Taxpayer Give form to the (Rev.January 2002) identification Number and Certification eq, t to�ins t oepartrnent or the Treasury r internal Revenue service Name Eo A i--z:^ a Business name,if different from above w 0 Individuall i—� Exempt from backup 52, Check appropriate box: 11 Sole proprietor 0 Corporation ❑ Partnership ❑ Other ► ............... ... ❑withholding rG Address(number,street,and apt.or suite no.) Requester's name and address(optional) a -ks&i-L '4 ?� City,state,(a�nnd ZIP code Ust account number(s)here(op oral) a) to • Tax a er Identification Number IN Enter your TIN in the appropriate box For individuals,this is your social security number(SSN). Social security number However,for a resident alien,sole proprietor,or disregarded entity,see the Part I instructions on 1 1-1_._1# page 2. For other entities, it is your employer identification number(EIN).If you do not have a number, see How to get a TIN on page 2. lir Note:if the account is in more than one name,see the chart on page 2 for guidelines on whose number E o or Idem' tion mipoar to enter. Certification Under penalties of perjury,I certify that: 1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because:(a)I am exempt from backup withholding, or(b)I have not been notified by the Internal Revenue Service(IRS)that I em subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S.person(Including a U.S.resident alien). Certification instructioris.You must cross out items Z above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid,acquisition or abandonment of secured property, cancellation of debt,contributions to an individual retirement arrangement(IRA), and generally, payments other than interest and dividends,you are not required to sign the Certification,but you must provide your correct TIN. (See the instructions on page 2.) Sign Signature of �* Here U.S. rson ► Date lo- .�0e5 3 Purpose of dorm What is backup withholding?P aking i3.You do not certify to the requester that you certain payments to you must under certain are not subject to backup withholding under 4 A person who is required to fie an information conditions withhold and pay to the IRS 30%of above(for reportable interest and dividend return with the IRS must get your correct such payments after December 31,2001 (29% accounts opened after 1583 only). taxpayer identification number(TIN)to report,for after December 31,2003).This is called"backup Certain payees and payments are exempt example,income paid to.you,real estate withholding."Payments that may be subject to transactions,mortgage interest you paid, backup withholding include Interest, dividends, from backup withholding,See ict instructions on acquisition or abandorzn ant of secured property, broker and barter exchangetransactions,rents, page 2 and the separate Instructions for the Cancellation of debt, or contributions you made Requester of Farm W-$> Y royalties,nonemployee pay,and certain to an IRA. payments from fishing boat operators. Real Penalties Use Form W-5 only 9 you are a U.S.person estate transactions are not subject to backup (Including a resident alien).to give your correct withholding. Failure to furnish TIN k you fall to fattish your TIN to the person requesting it(the requester) You wii;not be subject to backup withholding correct TIN to a requester,you are subject to a and,when applicable,to: on payments you receive if u give the penalty of$50 for each such failure assess your p Y� Y � � failure is due to reasonable cause and not to 1.Certify the TIN you are giving is correct(or requester your correct TIN,snake the proper willful neglect. you are waiting for a number to be issued), certifications,and report all your taxable interest and dividends on yots tax return. Civil penalty for false Information with respect 2.Certify you are not subject to backup to withhok ing.If you make a false statement withholding,or Payments you receive will be subject to with no reasonable basis that results in no 3.Claim exemption From backup withholding if backup withholding If: backup withholding,you are subject to a$500 you are a U.S.exempt payee. 1.You do not furnish your TIN to the penalty. If you are a foreign person:,use the requester,or Criminal penalty for falsifying information. appropriate Form W-8.See Pub.515, 2.You do not certify your TIN when required Wilfully falsifying certifications or affirmations Withholding of Tax on Nonresident Aliens and {see the Part 11 instructions on page 2 for may subject you to criminal penalties'including Foreign Entities. details),or fines and/or imprisonment. Note: if a requester gives you a form other than 3.The IRS tells the requester that you Misuse of TINS.If the requester discloses or Form Vii-9 to request your 77N,you must use the furnished an incorrect TIN,or uses T#Ns in vitiation of Federal few,the requester's 5 fCrrrt7 if it is substantially similar to this requester may be subject to civil and Criminal 9 3 4.The IRS tells you that you are subject to penalties. Form W-9, backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only),or Cat.No.10231X Form W-9 (Rev. 1-2402) tjj THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on JULY 08, 2003 , by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, AND GLOVER ABSENT: SUPERVISOR MARK DESAULNIER ABSTAIN: NONE DISTRICT III SEAT VACANT SUBJECT: ADOPT RESOLUTION NO. 2003/440 APPROVING NOTICE OF INTENTION TO SELL THE FIRE PROTECTION DISTRICT'S SURPLUS REAL PROPERTY IDENTIFIED AS ASSESSOR'S PARCEL NO. 071-101-017 LOCATED AT 2900 LONE TREE WAY (CDD-CP#03-12) ANTIOCH AREA REL.ISTED: ON AUGUST 05, 2003 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Attested: JULY 08, 2003 Jahn Sweeten, Clerk of the Board Of Supervisors and County Administrator By: .' eputy Clerk THE BOARD OF SUPERVISORS,AS THE de/* GOVERNING BODY OF THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on July 8, 2003,by at least a four-fifths vote: AYES: NOES: ABSENT: RESOLUTION NO. 2003/ (Gov't Code § 25363) SUBJECT: ADOPT Resolution No. 2003/ approving Notice of Intention to Sell the Fire Protection District's surplus real property identified as Assessor's Parcel No.071-101-017 located at 2900 Lone Tree Way. [CDD-CP#03-12] , Antioch Area Project No. 7038-6X5199 The Board of Supervisors of Contra Costa County as the Governing Body of the Contra Costa County Fire Protection District RESOLVES THAT: The Board DETERMINES that the parcel of improved land,acquired for fire protection purposes,described in the Notice of Intention to Sell Real Property attached hereto and incorporated herein,is surplus and not required for public use. The Board DECLARES its intention to sell said property under the terms and conditions contained in the Notice of Public Land Sale for said property prepared by the County Real Property Division. The Notice ofPublic Land Sale is APPROVED and the Real Property division is DIRECTED to post the attached Notice of Intention to Sell Real Property in three (3)public places in the County for that period,pursuant to Government Code Section 25363. The Board sets'Wednesday,July 30,2003,at 11:00 a.m.,at 255 Glacier Drive,Martinez,California,as the time and place where oral bids will be received and considered. OR:eh G:1GrpDatalRealProp\2003-Files\BOs&RBSIBR Station 82 Antioch.doc i hereby certify that this is a true and correct ©rig.Dept.: Public works(RP) copy of an action taken and entered on the Contact: O.Reynolds,Tel.313-2306 minutes of the Board of Supervisors on the cc: P/W Accounting date shown. County Administrator Assessor Auditor-Controller ATTESTED: Community Development Dept, JOHN SWEETEN,Clerk of the Board of T.Torres,Environmental,Eng.Services Supervisors and County Administrator Board Orders Senior Clerk,Adm. By Deputy RESOLUTION NO. 2003/ NOTICE OF INTENTION TO SELL REAL PROPERTY (Government Code § 25363) Contra Costa.County Fire Protection District The County Real Property Division will sell at public auction to the highest responsible bidder, the +10,000 square foot parcel improved with a +2,662 square foot Fire Station, Zoned MCR., Mixed Use—Commercial/Residential in Antioch hereinafter described: Assessor's Parcel No. 071-101-017 located at 2900 Lone Tree Way, Antioch. The auction will be held in Conference Room "A", 255 Glacier Drive, Martinez, California, on Wednesday, July 30, 2003 at 11:00 a.m. Terms and Conditions of Sale are available at the office of the County Real Property Division, 255 Glacier Drive, Martinez, CA 94553; wwww.co.contra-costa.ca.us/deRart/pw; or may be requested by phone to be mailed by calling 313-2220. The District reserves the right to reject any and all bids received. The parcel will be sold"as is" and the purchaser assumes all risks and responsibility. The parcel will be sold without warranty as to possible uses and the purchaser assumes all risks and responsibilities. JOHN SWEETEN Clerk of the Board of Supervisors And County Administrator By Deputy Clerk G:\GrpData\Rtaf'rop\2003-Piies\03-6\BR28 Stwdoa 82 AntiocLdoc 6117/03 ... _ .. ........ ........ ......... ......... .. ....... ......... N 111111111111 MIN 111111111 IN 1111111111111 Recording Requested By: CONTRA COSTA Co Recorder Office Blackhawk Geologic Hazard Abatement District STEPHEN L, WEIR Clerk-Recorder , • coo Richard D.Short,General Manager DOC— 200 —0325872-00 P.O.Box 224 Wodnsaday,, JUL 09, 2003 09:01:33 Alamo,CA 94507 FRE $0.00 Return to: Tt i Pd $0,N %r-ON1597710 WHEN RECORDED,RETURN TO CLERK Ire/RS/1-1 BOARD OF SUPERVISORS BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA AS THE BOARD OF DIRECTORS,BLACKHAWK GEOLOGIC HAZARD ABATEMENT DISTRICT Adopted this Resolution on July 8,2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, AND GLOVER NOES: DONE DISTRICT 'III SEAT VACANT ABSENT: SUPERVISOR MARK DESAULNIER ABSTAIN: NONE RESOLUTION NO. 2003/441 In the matter of Accepting and Giving j RESOLUTION OF ACCEPTANCE Notice of Completion of Contract with ) and NOTICE OF COMPLETION Dover Construction at 50 Saddleback j (Civil Code, 3086, 3093) Place, Danville area. (District III) ) Project 7760-6.X5147 j The Board of Directors of the Blackhawk Geologic Hazard Abatement District, (the District) RESOLVES that: Pursuant to a license granted by (Jonathan and Kathleen Jill — APN# 215140013), the District, as licensee on September 24, 2002 contracted with Dover Construction, Tracy, California, as contractor, with American Contractor's Indemnity Company as surety, for B58 Replacement work to be performed at 50 Saddleback Place, Danville (Blackhawk), California, located within the boundaries of the District; Richard D. Short, Kleinfelder, Inc. as General Manager of the District, reports that said work has been inspected and complies with the approved plans and specifications and recommends its acceptance as complete as of November 11, 2002. Therefore, said work is accepted as recommended above, and the Clerk of the Board shall file with the County Recorder a copy of this Resolution and Notice as a Notice of Completion for said contract. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of CS:sr Supervisors acting as the GHAD Board on the date shown. G:\GrpData\SpDist\Board Orders\2003\07-8-03 BO-(B)Dover completion.doc Orig.Div: Public Works(Special Districts) Contact: Skip Epperly(313-2253) ATTESTED: JULY 08, 2003 cc County Counsel JOHN SWEETEN,Clerk of the Blackhawk GHAD Board Auditor-Controller of Directors and Board Administrator Accounting–L.Holden J.Fahy,Eng.Svc. R.Short,K3einfelder,Inc. By �• File —puty RESOLUTION NO. 2003/441 TO: BOARD OF SUPERVISORS 01 (p FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: June 3, 2003 SUBJECT: Clyde Road Extensions. Extend Essex Street and Middlesex Street from Norman Avenue to Port Chicago Highway. Clyde Area. [CP# 02-101] Project No. 0662 6R4073 Task: ACQ SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: A. APPROVE Letter of Understanding dated March 27, 2003 from Union Pacific Railroad Company. B. AUTHORIZE Public Works Director, or designee, to execute said Letter of Understanding on behalf of the County. 11. Reasons for Recommendations and Background: Contra Costa County intends to purchase from Union Pacific Railroad Property, the real property described in Exhibit "A" and shown on Exhibit "B" attached hereto, for a trail and extension of Essex and Middlesex Streets in the community of Clyde, California. This Letter is required for the County to proceed with the purchase of the property for the project, in accordance with the approved plans and specifications. IV. Consequences of Negative Action: The project will not have sufficient land rights to allow construction in accordance with the approved plans and specifications. Continued on A##achment: SIGNATUR ,,-RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE —,,A11-PROVE OTHER SIGNATURE(S): ACTION OF B67N JULY 08. 2003 APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS XX UNANIMOUS(ABSENT IV ) AYES: NOES: I hereby certify that this is a true and correct ABSENT: ABSTAIN: copy of an action taken and entered on the DISTRICT III SEAT VACANT minutes of the Board of Supervisors on the CP:eh date shown. G:\GrpData\RealProp\2003-Files\BOs&RE&BO.2 UPRR.doc JULY 08., 2003 Orig.Div: Public Works(R/P) ATTESTED: Contact: C Peccianti(393-2222) JOHN SWEETEN,Clerk of the Board of cc: County Administrator Supervisors and County Administrator Auditor-Controller(via R/P) P.W.Accounting B Deputy Recorder(via R/P) Y �.—� �, , p Y S Epperly,PW Special District A.Schaal,PW Transportation Engineering Senior Board Orders Clerk,Adm. Y UNION PACIFIC RAILROAD COMPANY Contra Costa County, California EXHIBIT "A" A STRIP OF LAND SIXTY FEET IN WIDTH IN THE STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA, THE CENTER LIME OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT STA. "L" 1140+08 OF SAID RAILWAY SURVEY A POINT IN THE NORTHERLY PENCE LINE OF RIGHT-OF-WAY OF CLAYTON&BAY POINT RAILWAY,THENCE N.21 DEGREES 10 MINUTES. W. 4256.45 FT.TO STA. "L" 1232+64.4513. : THENCE TO THE RIGHT ON A CURVE HAVING A RADIUS OF 955.4 FT.461.67 FT.TO STA. "L" 1237+26.42 E. C.,THENCE N. 6 DEGREES 32 MIN,EAST, 177.19 FT.TO STA. "L" 1238 +95.45 EQUALS "L" 1239 +03.61 B-�O' THENCE TO THE RIGHT ON A CURVE HAVING A RADIUS OF 955.4 FT. 141.89 FT.TO STA. "L"' 1240+45.5 A POINT IN THE NORTHERLY BOUNDARY OF SAID PROPERTY. EXCEPTING THEREFROM ALT.,THAT PORTION LYING NORTHWESTERLY OF THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERN LINE OF 'W'AR.WICK.STREET. ALSO EXCEPTING THEREFROM ALL THAT PORTION LYING WITHIN PARCEL A AND LOT 58, OF SUBDIVISION 6889,FILED OCTOBER 6,1987 IN BOOK 317 OF MAPS AT PAGES 1 THRU 4, CONTRA COSTA COUNTY RECORDS. ALSO EXCEPTING THEREFROM ALL THAT POR7'1ON LYING SOUTHEASTERLY OF THE NORTHWESTERN LINE OF MEDBURN STREET,AS IT NOW EXISTS. ALSO EXCEPTING ALL THAT PORTION LYING WITHIN SUSSEX STREET. Containing 3.746 Acres more or less. OFFICE.OF REAL ESTATE OMAHA,NEBRASKA WRITTEN BY:ICO April 7, 2003 183526.1eg ** TOTAL PAGE.02 * O s+ +^ w� a r Mall 40 SAY CJ�'C ria�b4tet� �`�O. ,a a¢i Rh,#•t Asa { y�G' yrg Ss� 34 e ti G1 A j Ito 40 Io o i o �% m$ 4d n D 4 Z est' Y