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HomeMy WebLinkAboutMINUTES - 09132011 - C.11RECOMMENDATION(S): 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 ADH Technical Services, Inc. in the amount not to exceed $1,295,000 for Status Monitoring, Pollutants of Concern/Long Term Monitoring & Monitoring Project for the period August 1, 2011 through June 30, 2014, Countywide. (100% Cities and County Stormwater Utility Fee Assessments) Project No. 7519-6X7641 FISCAL IMPACT: The cost is estimated to be $1,295,000 and, shall be funded by stormwater utility fee assessments collected by the cities/towns and the County proportioned to their respective populations. BACKGROUND: The Contra Costa Clean Water Program (Program) consists of Contra Costa County, its nineteen (19) incorporated cities/towns and the Contra Costa County Flood Control & Water Conservation District, hereinafter referred to as “Co-permittees.” The Program was APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 09/13/2011 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Michelle McCauley, (925) 313-2194 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. ATTESTED: September 13, 2011 David Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: C. 11 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:September 13, 2011 Contra Costa County Subject:APPROVE and AUTHORIZE a Contract with ADH Technical Serviecs, Inc. for $1,295,000 on behalf of the Contra Costa Clean Water Program. 7519-6X7641 BACKGROUND: (CONT'D) established in 1991 through a “Program Agreement” in response to the 1987 amendments to the federal Clean Water Act (CWA), which established a framework for regulating municipal stormwater discharges under the National Pollutant Discharge Elimination System (NPDES). The United States Environmental Protection Agency (USEPA) published final rules implementing the 1987 CWA amendments in November 1990. The rules mandate that Co-permittees obtain and implement stormwater permits designed to reduce and eliminate the discharge of pollutants into and from Municipal Separate Storm Sewer Systems (MS4s) they own and operate. Through the Program, Co-permittees conduct many of these mandated activities collectively (also referred to as “Group Activities”). The roles and responsibilities of the Program and Co-permittees are outlined in the Program Agreement, which was last updated and adopted by all Co-Permittees in June 2010. The Contra Costa Clean Water Program (Program) is made up of representatives of each of the nineteen (19) cities/towns, unincorporated County and the Flood Control and Water Conservation District. One representative of each municipality participates on the Management Committee, the Program’s decision making body. The Management Committee has directed that certain important requirements of the Joint Municipal NPDES Permits, such as stormwater quality monitoring, special studies and pilot projects be performed by the Program. Status Monitoring, Pollutants of Concern/Long Term Monitoring & Monitoring Projects provided by ADH Technical Services, Inc. are required to keep the Program in compliance. CONSEQUENCE OF NEGATIVE ACTION: If the consulting services agreement with ADH Technical Services, Inc. is not approved, then all municipalities may 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. CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS ADH Contract Form L-1 (Page 1 of 2) Contra Costa County STANDARD CONTRACT Number Standard Form L-1 (Purchase of Services - Long Form) Fund/Org# 7519 Revised 2008 Account # 2310 Other # 6x 7641 1. Contract Identification. Department: Contra Costa County Flood Control and Water Subject: Status Monitoring, Pollutants of Concern/Long Term Monitoring & Monitoring Projects 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: ADH Technical Services, Inc. Capacity: Corporation Address: 3. Term. The effective date of this Contract is August 1, 2011. It terminates on June 30, 2014 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ 1,295,000. 5. County's Obligations. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. 8. Project. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: 3065 Porter Street, Suite 101, Soquel, CA 95073-2531 Not Applicable Form L-1 (Page 2 of 2) Contra Costa County STANDARD CONTRACT Number Standard Form L-1 (Purchase of Services - Long Form) Revised 2008 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA BOARD OF SUPERVISORS By Chair/Designee ATTEST: Clerk of the Board of Supervisors By Deputy CONTRACTOR Name of business entity: ADH Technical Services, Inc. By (Signature of individual or officer) (Print name and title A, if applicable) Name of business entity: ADH Technical Services, Inc. By (Signature of individual or officer) (Print name and title B, if applicable) Note to Contractor: For Corporations (profit or nonprofit), the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on Form L-2. California Government Code Section 31000