HomeMy WebLinkAboutMINUTES - 11041986 - 2.6 To: n BOARD OF'•SUPERVISORS
FROM: Harvey E. Bragdon Contra
Director of Community Development C sta
DATE: October 28, 1986 C
oirty
SUBJECT: Consultant Contract to Prepare the Environmental Impact Report
for the Acme Fill Waste Recovery and Transfer Station
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I . RECOMMENDED ACTION: Approve and Authorize the Chairman of the Board to execute on
behalf of the County a contract with the firm of EIP Associates in the amount
of $87,285, for the preparation of an Environmental Impact Report for the Acme
Fill Waste Recovery and Transfer Station.
II . FINANCIAL IMPACT: The cost of the Environmental Impact Report is borne by the
project sponsor, which is Acme Fill Corporation. In addition to the
consultant contract, the cost of the EIR includes a 25 percent surcharge
($21,821) for staff administrative services, for a total of $109,106.
III . REASONS FOR RECOMMENDATION: An Environmental Impact Report (EIR) for the proposed
project is required by the terms of the California Environmental Quality Act.
IV. BACKGROUND: The California Environmental Quality Act requires the preparation of
an EIR for a proposed project where the project is subject to a discretionary
action by a unit of government and where there is reason to believe that the
proposed project would result in one or more significant (i .e. adverse)
environmental impacts. The project requires discretionary approval by the
Board of Supervisors in the form of a special land use permit for a waste
disposal facility. In addition, the EIR is expected to be used for an
amendment to the County Solid Waste Management Plan and for the issuance of a
Solid Waste Facilities Permit. The Initial Study for the project identified
several potential significant impacts, and others were identified by parties
responding to the project's Notice of Preparation.
V. CONSEQUENCES OF NEGATIVE ACTION: Failure to execute this contract would delay the
preparation of the EIR. A certified EIR is a prerequiste if the project is to
be approved. This transfer station, or an alternative, is expected to be
required to reduce traffic from Central County going to a new landfill .
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CONTINUED ON ATTACHMENT: YES SIGNATURE'
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND TI OF B RD C MITTEE `
APPROVE OTHER
SIGNATUREIS):
ACTION OF BOARD ON !November 4, 1986 APPROVED AS RECOMMENDED x OTHER ,
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
_ UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: II, IV, V, I NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: ITT OF SUPERVISORS ON THE DATE SH�DWN.
CC: County Administrator ATTESTED �... �i� �9Jf•
Auditor-Controller
Community Development PHIL BATCHELOR, CLERK OF THE BOARD OF
Contractor via Community Development
SUPERVISORS AND COUNTY ADMINISTRATOR
M382/7-83 BY DEPUTY
CONSULTING SERVICES AGREEMENT FOR EIR
(FOR ENVIRONMENTAL IMPACT REPORT)
1. Special Conditions. These Special Conditions are incorporated below be
reference.
(a) Consultant's Name & Address:
EIP Associates
319 Eleventh Street
San Francisco, CA 94103
(b) Project Name, Number & Location: Environmental Impact Report for
Acme Fill Waste Recovery and Transfer Station
(c) Effective Date: November 5, 1986 (d) Payment Limit: $87,285
2. Signatures. These signatures attest the parties' agre ent hereto:
CONTRA COSTA COUNTY
By: )11A
Chairperson, Board of Supervisors ragdM
(JfDrect f Community Development
CONSULTANT
By: J MLylb Vl , , P.",1,
(De 'nate official capacity in the business)
By: at CP
(Designate o f cial capacity in the business)
Note to Consultant: (1) Execute acknowledgement form below, and (2) if a
corporation, signatures must conform to designated representative groups
Pursuant to Corporations Code Sec. 313.
State of California ) ACKNOWLEDGEMENT (by Corporation,
)ss Partnership, or individual )
County of �
On this 3o day of 00�'v A*?e in the year ZI, before me
personally appeared ,75hJ A4,4LI13 . ,Vt) 2iEY�.2�
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument or proprietor or as
president (or secretary) or on behalf of the corporation therein named and
acknowledged to me that the corporation executed it.
Dated: i96"4V�C
(NOTARIAL SEAL) Notary Public .
X. OFFICIAL SEAL
e RIE JEANNE GRIFFITH
)NOTARY PUBLIC- ALRNIA
MY COMM. ERP. MAY 2 1990
Page 2
3. Parties. Effective on the above date, the above-named Consultant and
Contra Costa County ("County") mutually agree and promise as follows:
4. Employment. County hereby employs Consultant, and Consultant accepts such
employment, to perform the professional services -described here.in, upon the
terms and inconsideration of the payment st4ted herein.
5. Scope of Service. Scope of service shall be described in Appendices A and
B, attached hereto and made a part hereof by this reference. Any change of
the Consultant's. Project Manager or subcontractors identified in Appendix B
must have the approval for the Director of Community Development prior to
such changes:-
6. Report Disclosure Section. Any document or written report prepared
hereunder by Consultant, or subcontractor, for County shall contain, in a
separate section, the numbers and dollar amounts of this contract and all
subcontracts relating to the preparation of such document or written
report; provided that the payment limit specified in Section 1 (d) exceeds
$5,000. When multiple documents or written reports are the subject or
product 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 County, obtain and maintain
during the term hereof: (a) Worker's Compensation Insurance pursuant to
State law, and (b) Comprehensive Liability Insurance, including coverage
for owned-and -non-owned- automobiles, with a minimum combined single limit
coverage of $500,000 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. Consultant
shall furnish evidence of such coverage, naming the County and its officers
and employees as additional insureds, and requiring 30 days written notice
of policy lapse or cancellation.
8. Payment. County shall pay Consultant for professional services performed
as follows:
A. For preparation of the Environmental Impact Report a fee not to exceed
1(d) above.
(i) The first installment of twenty percent (20%) of the fee
noted in 1(d) above shall be paid to the consultant as a
retainer fee upon execution of this contract.
(ii ) The second installment of thirty percent (30%) of the fee
noted in 1(d) above shall be paid after receipt of the
Administrative Draft.
(iii) The second installment of thirty percent (30%) of the fee
noted in 1(d) above shall be paid after the Director of
Community Development receives and finds acceptable the
._.... Circulation Draft.
(iv) The third installment of ten percent (10%) of the fee noted
in 1(d) shall be paid after the Director of Community
Development receives and finds acceptable the response to
comments as are required and the final draft EIR.
(v) The balance of the fee shall be paid after final acceptance
of the Environmental Impact Report by the appropriate
hearing body.
B. The fees specified in Section 8A include all overhead and incidental
expenses for which not additional compensation shall be allowed. In no
event shall the total amount paid to the Consultant exceed the fee limit
specified in Section 1(d) without prior written approval of the County.
4
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Page 3
9. Liquidated Damages. If Consultant fails to complete this contract and this
work within the time fixed therefor, allowance-being made for contingencies
are provided herein, he becomes liable to County for all its loss and
damage therefrom; and because, from the nature of the case, it is and will
impracticable and extremely difficult to ascertain and .fix County's. actual
damage from any delay in performance hereof, it is agreed that Consultant
will pay as liquidated damages to County the reasonably sum of $100.00 per
calendar day, the result of the parties' reasonable endeavor to estimate
fair average compensation therefor, for each calendar day's delay in
finishing said work; and if the same be not .paid, County may; -in.: addition,
to its other remedies, deduct the same. from any money due or to become due
Consultant- under this contract. If County for any cause authorizes or
contributes to a delay, suspension of work or extension of time, its
duration shall be added to the time allowed for completion, but it shall
not be deemed a waiver nor be used to defeat any right of County to damages
for non-completion or delay hereunder.
10. Termination. At its option, County may terminate this agreement at . any
timeby written notice to Consultant, whether or not Consultant is in
default. Upon such termination Consultant agrees to deliver to County
everything pertaining to the work in the possession of Consultant or under
Consultant's control at that time. Consultant will be paid, without
duplication, all amounts due or thereafter becoming due for services
rendered to the date of termination, but only for such services completed
to the satisfaction of County at the hourly rate set forth in Consultant's
proposal (also referred to as the Agreed Work Program) and not to exceed
the total per task as shown in Consultant's proposal . If Consultant is in
default at the time of termination, County may complete the work (scope of
service) and deduct the reasonable expenses thereof from the fee and from
any funds otherwise due and. payable to Consultant.
11. Status. Consultant is an independent contractor and is not to be
considered an employee of County.
12. Exclusive Services. Consultant agrees to restrict its firm and its
subcontractors from an employment, other than by County, in any way
pertaining to the subject of this employment or to the proposed project
which this report will review, for a period of two years after the
effective date of this agreement without first obtaining the prior written
consent of the Director of Community Development for such employment.
Consultant further agrees to insert this condition into all contracts or
work agreements with its subcontractors.
13. Status of Product. It is understood that the Environmental Impact Report,
support data and documents developed under this agreement, will be utilized
as background or source material by the Community Development Department,
for its exclusive use, all or in part, as it sees fit. Consultant agrees
not to release, disclose or otherwise make available copies of its written
documents, their contents, any views, opinions or other information in any
way arising out of or connected with the subject of this employment to
other than the Community Development Department, without first obtaining
the prior written consent of the Director of Community Development for such
disclosure.
14. Circulation Draft. The circulation draft shall contain all sections and
subject matter described within the Work Program in such detail as
specified in Appendix B. .
15. Indemnification. Consultant shall defend, indemnify, save and hold
harmless County and its officers and employees from any and all claims,
costs and liability for any damages, injury or death arising directly or
indirectly from or connected with the services provided hereunder, due to
or claimed or alleged to be due to negligent or wrongful acts, errors or
omissions of Consultant or any person under its control , save and except
claims or litigation arising through the sole negligence or sole willful
misconduct of the County, and will make good to and reimburse County for
any expenditures, including reasonable attorney fees, County may make by
reason of such matters and, if requested by County will defend any such
suits at the sole cost and expense of Consultant.
Attachments
Appendix A
Appendix B
Form approved by County Counsel
e
Page 4
APPENDIX "A"
Consultant shall prepare a Draft Environmental Impact Report in accordance with
the California Environmental Quality Act and County guidelines for the project
specified in 1(b) of this Agreement. The report shall be prepared in the format
specified by the County. The administrative draft shall be double spaced,
suitable for duplication by office copier methods, and submitted in loose-leaf
binders.
The consultant .shall prepare the report in an "administrative draft" form
initial-ly and - submit seven - (7) ,-copies for - Community Development' Department
review. The "administrative draft" shall be submitted by Consultant to the
Community Development Department no later than 90 (ninety) calendar days after
the date Consultant is authorized by the Community Development Department to
proceed with preparation of the report, unless approval of extension of such
deadline is given by the Director of Community Development. After the Community
Development, Department reviews and comments on the draft, the Consultant shall
revise the .administrative draft report in accordance with such comments and
submit one camera ready copy suitable for duplication and distribution of the
"circulation draft" for review and acceptance by the Community Development
Department. The "circulation draft" shall be submitted by Consultant to the
Community Development Department no later than 14 (fourteen) calendar days after
return of the edited administrative draft to Consultant by the Community
Development Department unless approval of the extension of such deadline is
given .by the Director of Community Development. The final draft EIR will,
responses to comments shall be submitted no later than 14 (fourteen)- calendar
days after receipt of all comments by the consultant.
Consultant shall as part - of the contractual obligation assist County in the
preparation of responses to comments on the draft EIR for the purpose of
producing a "Final EIR for the project. Preparation of responses to all
comments presented to the Hearing Body on the circulation draft EIR are the
responsibility of the Consultant.
Assistance of County staff required by the Consultant in the gathering of data
to complete this report shall be limited to the supplying of source documents on
County premises. No compiling of data will be done by County staff. All other
County- staff support effort will be limited to that specifically enumerated
below:
None..
Unless otherwise approved by the Community Development Department, all work
-products shall be submitted in an 8 1/2" X 11" format.
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