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HomeMy WebLinkAboutMINUTES - 08172004 - C22 TO: BOARD OF SUPERVISORS,AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: MAURICE SHIU, CHIEF ENGINEER BATE: August 17, 2004 SUBJECT: APPROVE contract with Philip Williams & Associates, Ltd. in the amount of$399,000 for the period August 2, 2004 through December 31, 2005, Countywide. (Cities and County Stormwater Utility Fee Assessments)(Ail Districts)Project No. 0929 60105 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended.Action: APPROVE and AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District, or designee,on behalf of the Contra Costa Clean Water Program,to execute a contract with Philip Williams& Associates,Ltd.in the amount of$399,000 to provide a Hydrograph Modification Management Plan for the period August 2,2004 through December 31,2005,Countywide.(Cities and County Stormwater Utility Fee Assessments) (All Districts)Project No. 0929-60105 Continued on Attachment: X SIGNATU /(7 —RECOMMENDATION OF COUNTY ADMINIST TOR �RECOMMENDATION OF BOARD COMMITTEE _ 'AP'PROVE OTHER L D a� SIGNATURE (S): � ACTION OF BOA ONAUGUST 17, 2004 APPROVED AS RECOMMENDED Xx _-OTHER VOTE OF SUPERVISORS DISTRICT I I hereby certify that this is a true and correct copy of an action XX UNANIMOUS(ABSENT ) AYES: NOES: taken and entered on the minutes of the Board of Supervisors on ABSENT: ABSTAIN: the date shown. DPF:mm ATTESTED: AUGUST 17, 2004 G:\OrpData\NPDEs\BO R-_Contrwt$_Agnt\Pnr„>s\$oardOrder.doe JOHN SWEETEN, Clerk of the Board of Supervisors and Orifi.Div: Public Works Flood Comrol Contact: (313.2373)Donald P.Freitas County Administrator c: CAO County Counsel PW Accounting By ,Deputy SUBJECT: APPROVE contract with Philip Williams&Associates,Ltd. in the amount of$399,000 for the period August 2, 2004 through December 31, 2005, Countywide. (Cities and County Stormwater Utility Fee Assessments) (All Districts)Project No. 0929 60105 DATE: August 17, 2004 PAGE: 2 II. FisealImpact: The cost is estimated to be no more than$399,000; and, shall be funded by stormwater utility fee assessments collected on behalf of the cities, towns and county, proportioned based on their respective populations. The stormwater utility fee assessments are dedicated for activities undertaken,or to be undertaken, in connection with the National Pollutant Discharge Elimination System(NPDES)program. III. Reasons for Recommendations and Background: The Contra Costa Clean Water Program (Program) is composed of Contra Costa County, all nineteen(19)of its incorporated cities/towns and the Contra Costa County Flood Control&Water Conservation District (co-permittees). The Program was established in 1991 in response to the 1987 amendments to the Federal Clean Water Act, and the resulting stormwater regulations promulgated by the United States Environmental Protection Agency on November 16, 1990.These federal regulations prohibit the discharge ofpollutants from municipal separate storm sewer systems (MS4s) to navigatable waters of the U.S., unless the discharge is in compliance with an NPDES Permit.In California,the federal stormwater regulations are administered and enforced by the State Water Resources Control Board and its nine(9)Regional Water Quality Control Boards. The state Porter-Cologne Act (Water Code 130000, et seq) is the principal legislation for controlling stormwater pollutants in California.Municipal NPDES Permits issued in California include more specific state requirements designed to reduce or eliminate pollutant discharges from MS4s to waters of the state. The Program's NPDES permit was amended on February 19, 2003. The amendment added Provision C.3,which requires the Program and its co-permittees to implement significant additional measures to control stormwater pollutant discharges from public and private new development and redevelopment projects creating or replacing 10,000 square feet or more of impervious area. Provision C.3.f., specifically,requires co-permittees to manage increases in peak runoff flow and increased runoff volume(hydrograph changes)where such increased flow and/or volume is likely to cause increased erosion of creek beds and banks. Such management shall be through development and implementation of a Hydrograph Modification Management Plan(HMP). The HMP will aid project applicants and municipal staff in evaluating potential hydrograph modification impacts and identify best management practices that must be incorporated into development projects. This is a very complex undertaking. Technical support services are required if the Program and its co- permittees are to comply with Provision C.3.f. IV. Conseauences of NeLyative Action: If the consulting services agreement with Philip Williams &Associates. Ltd. is not approved, the Program and co-permittees will lack the technical support they need to develop and implement a IMP,which will result in co-permittees being in non-compliance with our Joint Municipal NPDES Permit.The Regional Water Quality Control Board may impose fines totaling$10,000 per day and $10 per gallon of discharge for non-compliance with the NPDES Permit. CONSULTING SERVICES AGREEMENT 1. Special Conditions. These Special Conditions are incorporated below by reference. (a) Public Agency: Contra Costa County Flood Control and Water Conservation District (b) Consultant's Name &Address: Philip Williams &Associates LTD 720 California Street Suite 600 San Francisca CA 94108-2404 (c) Project Name, Number,&Location:Contra Costa Clean Water Program's Hydrograph Modification Management Plan; Project No.: 0929-6X7105, Countywide. (d) Effective Date: August 2, 2004 (e) Payment Limit(s): $399,000 (f) Completion Date(s): December 31, 2005 2. Signatures. These signatures attest the parties'agreement hereto: PUBLIC AGENCY CO ULT NT By: Maurice M. Shiu Public Works Director/ By: Chief Engineer, or Designee (Designa o iciai cap city1iin the business Type df Business: (sole proprietorship, government agency, partnership, corporation,etc.) If Cor ation, State of In rporat'on: By:C ; 1 ` `v By, (Designate official capacity in the business) Note to Consultant: For corporations, the contract must be signed by two officers. The 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 OF ACKNOWLEDGMENT State of California ) j a � ,� : ) County of ss.-- ) On the date written below, before me, the undersigned Notary Public, personally appeared the person(s)signing above for Consultant,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand nd official seal. Dated: Notary Public (Notary's Seal) V VIAN CHANG Comm.#1400086 v! NOTARY PUBLIC•CALIFORNIA City and County at So Francisco" My Comm.Ezpifes April 29,2008"` 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$50,000; 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 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 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 Auditinc. 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 reaps, 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 shall be performed by Consultant according to the rates or charges listed in Appendix P. 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 A encu.At its option, Public Agency shall have the right to terminate this Agreement at any time 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.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 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. Indemnification. Consultant shall indemnify, defend, save, protect, and hold harmless Public Agency, its 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 pail, 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. 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 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 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. Public Endorsements. Consultant shat; not in its capacity as a Consultant 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 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 Agency's 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 in Appendix C, attached hereto and made a part hereof by this reference. Changes in project personnel may only be made with Public Agency's written consent,and Consultant shall notify Public Agency in writing at least thirty(30)days in advance of any proposed change. Any person proposed as a replacement shall possess training,experience and credentials comparable to those of the person being replaced. 28. Disadvantaged Business Enterprise(DBE)Requirements(Federal aid projects only), Consultant shall complywith all applicable provisions of 49 CFR, Parts 23 and 26, and the County's Disadvantaged Business Enterprise (DBE) Program, which are incorporated into this Agreement by reference. In addition, in performing services under this Agreement,Consultant shall utilize all DBEs listed in Consultant's written response to the Public Agency's request for qualifications or request for proposal and shall pay to the listed DBEs the estimated amounts listed in Appendix B attached to this Agreement. The Consultant shall not substitute a listed DBE at any time or decrease the amount to be paid to a listed DBE without the advance,written consent of the Public Agency. If a listed DBE is proposed to be replaced, Consultant shall make a good faith effort to replace the original DBE with another DBE and shall submit to Public Agency written documentation of such 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-110, 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 days of written request from Public Agency. Should Consultant fail to do so,and should the Public Agency file legal action to recover the refund, Consultant shall reimburse the Public Agency for all attorney's fees, costs, and other expenses incurred by Public Agency in connection with such action. Attachments:Appendix A,Appendix B,Appendix C Form approved by County Counsel(11100) G:\GrpData\NPJES\BO_Res_Contracts_Agmt\PWAICSA PWA.doc Af ,div A Scope of Wnrk General Consultant shall prepare a Hydromodification Management Plan (HMP). The HMP shall be in the form of an Appendix to the Program's Stonnwater C.3 Guidebook to be used by applicants for development approvals and by municipal staff. The Appendix will assist and guide applicants and staff in selecting appropriate hydromodification management measures to be incorporated into development projects. The Program will solicit, receive and compile comments on the Consultant's interim or draft work products and will forward the compiled comments to Consultant. These may include comments from Program staff, consultants, municipal staff, Regional Board staff, or other interested parties, The Consultant will respond to the comments and/or incorporate the comments into subsequent work products. The Program will direct Consultant as to the format of responses to each set of comments; this format may be informal or may require a matrix showing each comment and the corresponding response. 1.1 Task One: Refine decision flow chart. Consultant shall review the Hydrograph Modification Management procedure delineated Figure 1 of the HMP Work Plan, and shall also review comments on the procedure by the Regional Board and interested parties. Based on these comments and on the Consultant's professional expertise, the consultant shall revise and refine the procedure and shall prepare revised or new flow charts and corresponding text. Deliverables: 31 Flow charts and corresponding text (draft), suitable for incorporation into the Guidebook Appendix. Technical memorandum describing the background and rationale for the refined flow chart (1 draft and final). 1.2 Task Two: Methods for comparing pre-and post-project site conditions. Consultant shall develop a method and prepare detailed guidance for evaluating the potential impact of development on site runoff. The method will be based on documented approaches used in other areas, modified for use in Contra Page 4 of 9 Scope of Work. Costa County. The method is intended to be a simple tool to allow Developers and municipal staff to determine whether a proposed project will generate hydromodification impacts, whether these impacts can be mitigated by site design BMPs, and whether further hydrograph analysis is required (see Task 3). Guidance developed under this Task shall include the following: Identification of the factor or factors (such as site imperviousness, "C" factor, CN, time of concentration etc.) that will be used to compare pre- and post-project site runoff and determine whether further hydrograph analysis will be required. The selected factors will be consistent with the hydrograph comparison methodology developed in Task 3. Methods for estimating the hydrologic factors identified above for pre- and post-project site conditions. Estimation methods may consider such elements as soils, slopes, vegetation, planned grading, landscaping, structures, and/or infrastructure. Z Methods for incorporating effects of site design strategies into the estimation of hydrologic factors. Possible methods include, as examples, the City of Portland's "simplified approach" for providing impervious surface reduction credits and recalculation of curve numbers (CN) based on calculated changes in storage (S). Example calculations. Deliverables: Text, tables, and example calculations (draft). Technical memorandum describing the criteria for determining whether further hydrograph analysis is required, background and rationale for the selection of the hydrologic factor(s), the methods for estimating the factor(s), and references (1 draft and final). 1.3 Task Three: Methods for characterizing pre- and post-project site hydrology and evaluating OMP effectiveness. Consultant shall prepare a methodology for comparing pre- and post-project site hydrology, including evaluation of BMP effectiveness. Consultant shall also assemble design criteria, and prepare design guidance and examples that will assist Fuge 2 of 9 ;^ ... Scope of Werk project applicants and municipal staff in designing and reviewing hydromodification BMPs. 1.3.1 Using standard practice, results of current research, and knowledge of local rainfall patterns, Consultant shall select and characterize a range of storms that may be most relevant to controlling hydromodification and stream erosion. 1.3.2 Consultant shall identify a set of design storms, defined by rainfall depths, intensities, and/or recurrence intervals, to be used in evaluating project impacts and designing hydromodification best management practices (BMPs). 1.3.3 Consultant shall develop a step-by-step methodology that project applicants may follow for comparing pre- and post- project site hydrology. The methodology shall include criteria for evaluating the differences in pre- and post-project hydrographs as a measure of the predicted effectiveness of BMPs in controlling hydrograph modification and shall also include criteria and methods for sizing BMPs. The methodology shall be designed for ease of implementation by project applicants and ease of review by municipal staff. 1.3.4 Consultant shall compile descriptions, design criteria, sketches, drawings, and/or other information regarding BMPs that have been implemented or are required by other public agencies. Based on engineering practice, best professional judgment, and input from Program staff and others, Consultant shall select and prepare a"design gallery" or similar presentation of BMP options and design information, including examples of their application. Options should include BMPs that serve single sites and BMPs that serve large-scale developments or are included in Specific Plans for newly developing areas (i.e. "regional" BMPs). Deliverables: Text, tables, and example calculations (draft) BMP "design gallery" (draft). (Level of detail provided for each BMP will be similar to the information currently provided in Chapter 5 of the Program's June 2004 Draft Stormwater C.3. Guidebook, with specific design references provided.) Technical memorandum, including data, analyses and references used to select design storms; supporting information and rationale for the hydrograph-comparison Page 3 of 9 Appendix A Scapa of Work methodology, and backup and references for BMP design guidance and criteria (1 draft and final). 1.4 Task Four: Criteria for classifying streams Consultant shall evaluate the feasibility of, and develop protocols and criteria for, the classification of proposed development projects as "high risk," "medium risk," or "low- risk" of contributing to accelerated stream bed and bank erosion via hydromodification. The purpose of this task is to develop, to the extent feasible, a relatively simple and low-cost method of assessing and categorizing relative level of risk based on both existing stream conditions and project-related hydromodification. As a starting point for the characterizing developments that present a "low risk" of accelerating downstreamm erosion, the Consultant should consider projects where the discharge is to "creeks that are concrete-lined or significantly hardened (e.g. with rip-rap, sackcrete, etc.) downstream to their outfall in San Francisco Bay, underground storm drains discharging to the Bay, and construction of infill projects in highly developed watersheds, where the potential for single-project and/or cumulative impacts is minimal." (Provision C.3.f.ii.) As a starting point for characterizing developments that present a "medium risk" of accelerating downstream erosion, the Consultant may consider projects where the contribution to overall watershed imperviousness is small and that are not in an area subject to urban expansion, projects that discharge to already urbanized (but unhardened) streams, and projects in locations where downstream reaches generally accumulate, rather than produce, sediments. Water Board staff has noted that the categories of"low risk" and "medium risk" should be developed conservatively and with care. Consultant's evaluations of relative risk and estimates of uncertainty shall be based on expert opinion and best professional judgment. 1.4.1 Consultant shall review and consider existing methods for predicting the vulnerability of streams to erosion due to watershed hydromodification. Consultant's review shall include the methods reviewed and developed by the Santa Clara Valley Urban Runoff Pollution Prevention Program and others. Methods considered are likely to include the following elements: distance from the project site to the nearest Page 4 of 9 A,ppen i ... Scope of r downstream grade control structure; channel entrenchment; geomorphic stability; and/or channel slope and watershed area as compared to reference conditions. 1.4.2 Consultant shall review the availability and completeness of relevant data for Contra Costa County streams. These data may include information available in the County's GIS database, rainfall records, stream gage records, topographic maps, soil maps, reports of field investigations, and/or other information relevant to stream characteristics and past or potential stream erosion. The Program will assist by compiling available information from Program member agencies. 1.4.3 Consultant shall develop a method for evaluating stream vulnerability to increased erosion based on one or more of the methods reviewed above. We will endeavor to develop methods that use pre-existing data such as County GIS layers such as channel construction type and topographic gradient as far as possible. However, we anticipate that some focused field assessment will also be needed to reduce uncertainty associated with the use of existing data collected by others. 1.4.4 Consultant shall evaluate the relative uncertainty resulting from the selected method. Uncertainty will be evaluated in terms of the likelihood that the method will underestimate or overestimate the risk of accelerated erosion in response to hydromodification (as quantified by the methods developed in Task3). This evaluation of uncertainty shall be based on up to five "typical scenarios" that may be encountered in the course of HMP implementation. 1.4.5 Consultant shall identify additional data that, if available, could substantially reduce the relative uncertainty in estimates of the risk of accelerated stream erosion. The Consultant shall provide an opinion whether uncertainty in estimates of risk can be substantially reduced through limited field work. Deliverables: Text, tables, drawings, and illustrations describing the data and methods for classifying streams as at "low risk," "medium risk," or "high risk" of accelerated erosion due to watershed hydromodification (draft). Technical memorandum describing the classification method and evaluating its applicability and robustness, Page 5 of 9 A Scope of Work including an evaluation of the benefits of limited field work (1 draft and final). 1.5 Task Five. Prepare example characterizations of streams. Using the methods and criteria described in Task 4, Consultant shall characterize three Contra Costa County stream reaches. The three reaches shall be selected to typify the categories "low-risk," "medium-risk," and "high-risk" of accelerated erosion due to watershed hydromodification. The example characterizations are intended to provide project applicants and municipal staff with examples to help illustrate application of the methods and criteria for categorizing streams. 1.5.1 In consultation with the Program, Consultant shall identify candidate streams in each risk category and shall select one stream reach in each category. 1.5.2 Consultant shall evaluate available information for each of the three streams and shall document step-by-step the application of the methods and criteria developed in Task 4 to each stream reach, illustrating the justification for the categorization. 1.5.3 As a separately budgeted task, to be expended on separate written authorization from the Program, the Consultant shall conduct field work necessary to appropriately characterize the three selected reaches where this is necessary to illustrate the methods used and to provide an example of a well-justified categorization of"low-risk," "medium-risk," or "high-risk" of accelerated stream erosion due to watershed hydromodification. 1.5.4 Based on the results of Task 5.3, Consultant shall develop a list of data to be collected through field work and shall develop guidelines for conducting and reporting the.results of field work. The guidelines shall reference appropriate methods or manuals for field data collection and reporting. Deliverables: Report characterizing and justifying categorization of a "low-risk" stream reach (1 draft and final). Report characterizing and justifying categorization of a "medium-risk" stream reach (1 draft and final). Page 6 of 9 ,. . ..... Scope f Work Report characterizing and justifying categorization of a "high-risk" stream reach (1 draft and final). 1.6 Task Six: Sample Assessment in One Contra Costa Watershed Consultant shall perform a hydromodification assessment of one tributary area to a"high risk" Contra Costa stream reach by applying the methods developed under Tasks 2, 3 and 4. The methods developed under Tasks 2 and 3 will be used to identify the potential for hydromodification impacts due to development under the General Plan build-out scenario. Consultant shall then use the methods developed under Task 3 to compare pre- and post-project site hydrology and identify and evaluate mitigation options. The methods developed under Task 4 will then be applied to characterize the stream reach's risk of accelerated erosion due to hydromodification. Mitigation options evaluated may include site design approaches, flow control facilities, in-stream BMPs or others. 1.6.1 In consultation with the Program, Consultant shall identify a list of candidate "high-risk" stream reaches and shall select one tributary watershed area to be the subject of a hydromodification assessment. 1.6.2 Consultant shall convene a panel of experts, with an appropriate mix of scientific disciplines, to review the assessment. 1.6.3 Consultant shall prepare a plan for the assessment, to include a description of the analytical methods to be used, compilation and review of existing data, collection and analysis of field data, participation of agency staff and interested parties, independent expert review, dissemination of results, and recommendations for adaptive management. The plan shall include a schedule for completion. 1.6.4 Consultant shall apply the methods developed under Tasks 2, 3 and 4 to perform the hydromodification assessment and evaluate options for mitigating the effects of watershed hydromodification. The assessment will incorporate land use assumptions based on general plan build-out and up to three different scenarios for mitigation, including a combination of site design approaches, flow control facilities (on individual Page 7 of 9 Appendix . Scope of Work sites and/or at a watershed scale), and/or in-stream stabilization measures. 1.6.5 Consultant shall compile and summarize the results of the assessment in a report outlining project objectives and organization, methods, and results. The report shall also include a discussion of the relative costs and cost-effectiveness of the mitigation scenarios considered, and expert panel comments. 1.6.6 Consultant shall document the methods used in the assessment, and may recommend refinements to the methods as part of the Continuous Improvement Process. Recommendations may cover such areas as methodology, resources and references, and project organization and management. Deliverables: List of review panel members and qualifications. Assessment plan (1 draft). Assessment report (1 draft and final). Recommended refinements to hydromodification assessment methods (1 draft). 1.7 Task Seven: Continuous Improvement Process In consultation with the Program, the Consultant shall prepare a continuous improvement process for the HMP. The continuous improvement process shall apply the general concepts of the plan-do-check-adapt cycle, and other concepts common to environmental quality management, to the specific decision-making steps described in the HMP. The continuous improvement process shall provide for periodic evaluations of ways to reduce the uncertainties related to the HMP's decision-making and analytical protocols and updates to the list and descriptions of hydromodification BMPs. 1.8 Task Eight: Final Products Consultant shall finalize and compile selected products prepared in Tasks 1-7, including comments compiled and provided by the Program, into a report with appendices. 1.8.1 Consultant shall prepare materials to be used by project applicants and municipal staff to prepare and review Page a of 9 Apnea rfix A ,. .ape of Work submittals in compliance with Provision C.3.f. The materials shall incorporate the refined flow chart and accompanying explanatory text and shall include step-by-step instructions for comparing pre- and post-project site conditions, for demonstrating the effectiveness of BMPs in mitigating modification of the site hydrograph, and for identifying stream reaches as "low risk," "medium risk," or "high risk" of accelerated bed and bank erosion due to watershed hydromodification. Materials shall be suitable for incorporation into the Program's Stormwater C.3 Guidebook (in preparation). 1.8.2 The Consultant shall prepare, as a separate report suitable for distribution, the results of the hydromodification assessment (Task Six) and the recommendations for future assessments. 1.8.3 The Consultant shall prepare a brief stand-alone report documenting the continuous improvement process. Deliverables: C.3.f implementation materials (2 drafts) Revised C.3.f implementation materials (in response to Regional Board comments) (final) Results of hydromodification assessment (Task 6) (final) MI Documentation of continuous improvement process (final) 1.9 Task Nine: Meetings and Public Participation The Program will coordinate input and review by agency staff, interested parties, and the public, including preparation of notices, meeting summaries, and outreach materials. Consultant shall present updates and interim results and participate in meetings as requested, subject to an overall budget allocated to this task. It is estimated that Consultant participation will be required at the following meetings: Program Work Groups 12 meetings Management & Oversight Committees 6 meetings Public Forums 2 meetings Meetings of Program Work Groups and Management and Oversight Committees may include participation of interested parties, including Regional Board staff. Page 9 of 9 PWA Appendix B & rC PHILIP WILL I A M.V &AS%0C:S ATE p s 720 CALIFORNIA ST.,6TH FLOOR,SAN FRANCISCO,CA 94108 SCHEDULE CHEDULE TEL 415.252.2300 FAX 41 5.262.2303 w 3FOQVWA'1TD.COM Effective July 1, 2003 Category Hourly Rate Principal $ 185 Associate Principal $ 155 Senior Associate $ 135 Associate 2 $ 118 Associate 1 $ 108 Hydrologist 2 $ 95 Hydrologist 1 $ 85 Hydrographer $ 75 Graphics/CADD Production $ S0 Desktop Publishing $ 75 Technicians $ 60 Clerical $ 55 Expenses will be invoiced at 105%of cost for this contract. Rates are subject to increase as of January 1,2005. Rates for deposition and trial time are 1.5 tithes those shown above. /C:000UNENTS AND SETTINGS\C.BEEMAN\L©CAL SETTINGMTEMPORARY INTERNET FILES\OLK22B\pWABILLINGRATES.DOC ms wp6.f 814104 2003 PWA Direct Expenses Field Equipment Rental Fee Schedule Expenses including rentals are charged at 115% of cost unless specified by contract Miscellaneous I Unit Unit Letter Tabloid Example Dedicated computer Time Hour $12 Computer Mapping/Work Station {GIS/CAD} I Hour $16 Large Format Color Plot Sq foot $6 24"x 36" = $36 Large Format Black &White Plot Sq foot $3 24" x 36" = $18 Color Transparencies Sheet $2.50 Black &White Transparencies Sheet $1.00 Color Copies Sheet $1.50 $2.00 Black & White Copies Sheet I $0.08 $0.16 1St CD format and copy (per 50 images) CD $30 1St CD format and copy (per 100 images) CD $60 CD Copy CD $5 Digital Photography 50 images $20 Per Diem :: Mileage/ Field Vehicle/Travel Daily Weekl PWA Field Vehicle Surcharge 30 125 Re alar Milea e per_IRS Guidelines or as otherwise specified on contract $50 /day for meals and incidentals or as otherwise specified on contract Actual costs incurred will be charged for lodging, rental cars, airline or other transportation such as shuttles BART etc. FIELD DATA COLLECTION EQUIPMENT Daily Weekly Extended Water Current Level and Wave Measurement Acoustic Doppler Current Profiler ADCP na 1500 4600 / month Acoustic Do ler Velocimeter oint measurement 60 380 1300 month Culvert Flow Meter 60 350 1300 month Marsh - McBime Hand-Held Current Meter 30 190 Water Level Sensor - Pressure Transducer 50 300 $900/ month, $2000/ 3 months Water Level Sensor - Acoustic 1non contact $50 350 1300 month Well Probe 20 100 Wave Gage - PUC-Type NA 1000 3000 month Wave Gage - Acoustic - RDI NA 1500 4600 / month Bottom-Mounted Tripod / Mooring 50 300 1000 / month Water Quality Recording Conductivity Meter wl Datalo er 50 300 Refractometer 20 100 I YSI Hand-Held Salinity Meter 30 NA YSI Dissolved Oxygen Meter 30 NA Sedimentation Geotechnical Coring Pie 3 inch aluminum 2.00 ft Guelph Permeater soil hydrology) 30 100 601b Helly-Smith Bedload Sampler with Bridge Crane 175 800 Suspended Sediment Sampler with Bridge Crane 75 400 Vibra-core 100 NA Soil Tensiometer 30 100 Shear Strength Vein 30 100 Auger brass core @ $5/each 20 70 Survey Equipment Hand-held GPS Receiver 30 $120 Total Station 100 350 Survey Set level rod tripod) 30 100 Boats 14' Aluminum Boat with 15 HP Outboard Motor 100 .350 Single or Double Person Canoe 30 $100-- 17' Boston Whaler w 90 HP Outboard 500 NA Contra Costa Clean Water Program Hydrograph Modification Plan Brawn and Caldwell Schedule of Hourly Billing Rates for 2004 and 2005 2004 2005 1 EngineeringLevel r $/Hour Levet A Clerk 1 51 53 Level B Drafter Trainee Word Processor 1 61 64 Computer Drafting Plotter Operator Clerk II Level C Assistant Drafter Word Processor 11 69 71 Computer Drafting Operator Clerk 111 Trainee Level D Engineering Aide Drafter Accountant 1 79 82 Inspection Aide Computer Drafting Operator Word Processor III Level E Assistant Engineer Asst. Geologist/Hydrogeologist Accountant II 93 96 Assistant Inspector Senior Drafter Word Processor IV Computer Drafting Senior Operator Supervisor,Word Processing Associate Technical Writer Level F Associate Engineer Assoc. Geologist/Hydrogeologist Accountant 111 110 115 Associate Inspector Lead Drafter Technical Writer Computer Drafting Lead Operator Level G Engineer Geologist/Hydrogeologist Senior Technical Writer 130 135 Inspector Supervising Drafter Administrative Manager Computer Drafting Supervising Operator Level H Senior'Engineer Sensor Geo logist/Hydrogeo log ist Regional Administrative 146 151 Sr. Construction Chief Drafter Manager Eng./Inspector Level l Principal Engineer Manager, Computer Drafting Manager,Corporate Admin. 156 162 Principal Const. Principal Geo log ist/Hyd rogeologist Eng./Inspector Level J Supervising Engineer Supervising Scientist 166 173 Supervising Const. Supervising Geologist/ Eng./Inspector Hydrogeologist Level K Managing Engineer Managing 182 189 Geologist/Hydrogeologist Managing Scientist Levell- Executive l Chief Scientist 198 206 Executive Engineer Chief Geologist/Hydrogeologist Chief Engineer BROWN AND CALDWELL Notes: Hourly base rate based on 2403 base rates, assuming an annual rate increase of 4%per year. Hourly rates include costs related to: network infrastructure and information systems support,CAD and computer usage,in- house reproduction services including graphics and photocopying,printing,long distance telephone calls including cell phone charges,facsimile,postage,and overnight and courier services. ^ ^ ^ PACIFIC ADVANCED CIVIL ENGINEERING, INC. 17I20 Ncwhopc Street, Suite ZO0 - Fountain Valley, California 9l7O8 - 714`481.7300 ° fax: 714.481.7299 Exhibit "C" HOURLY RATE SCHEDULE Effective January 2004 Principal .-....-.—......—_—..—..--.--.—.—..—..---...—...........—....—..—.$145.DO Senior Project VWanager-----..-------.----..---..—.----.--..$135.00 ProjectManager........................................................... ..........................................$13O10 SeniorEngineer.......................................................................................................$115I%] Project Engineer--.--.—.—.—.--------..--.—.—..---.—..---..--.—$1ODlD] Field Engineer---.—.---.--.--.--.—.--.—.-.—.------------.—.. $B5.00 DesignEngineer......................................................................................................$80J]O Senior CAD Designer —.—.—.-----.---.---.----...--.—.----.-.--. $8O.0O � CAD Designer--...—..----------.---------.—.--.---.----.$85.0O Graphic Artist/Designer—.----.---.-----..-----------.—.—.---'$G5.00 Project Coordinator.................................................................................................. $8OlX} JuniorProject Engineer................................... ................................. ...................... $45.0O Clerical/Administrative Support.----.-------.—.--.--..-----.--.—.$45.UO CJut-of-TownSubsistence Travel Portal toPortal ---.—.--.-------.—.--�t[�omt + 1DY6 Reimbursable (Mileage, uo�on. Sh' inQ. etc')--.---.—.--..at Cogt *w4t" G.P.S. /m/6o ---.--.--------.--.—.--.—.— $70.00 � billed separately @ $100/hr—Longer term projects may allow rate \ �