HomeMy WebLinkAboutMINUTES - 02032004 - C22-C26 t
TO: BOARD OF SUPERVISORS Contra
Costa
FROM: DENNIS M. BARRY, AICP
Community Development Director .2o'l County
DATE: February 3, 2004
SUBJECT: AUTHORIZATION FOR SIGNING THE STANDARD AGREEMENT WITH THE STATE WATER
RESOURCES CONTROL BOARD PERTAINING TO THE PROP 13 GRANT
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
AUTHORIZE the Community Development Director or his designee to sign the Standard Agreement
provided by the State Water Resources Control Board to administer and implement the Prop 13
grant that the Community Development Department was awarded in 2003.
FINANCIAL. IMPACT
No financial impact to the County. By signing the Standard Agreement, the Community
Development Department will enable to receive up to $250,000 to implement the Contra Costa
Citizen Watershed Monitoring I Assessment Program, from January 15, 2004 to March 31, 2006.
REASON FOR RECOMMENDATION/BACKGROUND
In the spring of 2003, the State Water Resources Control Board (State Board)selected the Contra
Costa Citizen Watershed Monitoring /Assessment Program proposal, that was submitted by the
Community Development Department,to be awarded under the Proposition 13 grant. Since then,
staff from the Community Development Department is working closely with the staff from the State
Board to finalize the contract. The Standard Agreement was developed by the State Board in an
effort to streamline the grant contracting process.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
.--"*ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMrrTE
1- APPROVE OTHER
SIGNATURES,--.n
ACTION OF BOARD OiMARy
3 w APPROVED AS RECOMMENDED OTHER
rf
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT_ C' I HEREBY CERTIFY THAT THIS IS ATRUE AND
AYES: NOES: CORRECT COPY OF AN ACTION TAKEN AND
ABSENT: ABSTAIN: ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE DATE SHOWN.
�W .
Contact: John Kopchik(925)335-1227 ATTESTED �'`^f ' '
cc: Community Development Department JOHN SWEET ,C ERK OOF
County Administrator's Office „BOARD OF SUPERVISORS AND
Auditor--Controllerl COUNTY ADMINISTRATOR
r
BY: IEPUTY
February 3, 2004
Page 2 of 2
In coordination with the Contra Costa Clean Water Program, The Community Development
Department will administer the Project. The project will assess the quality of watersheds in the
County by using benthic macro invertebrates (BMIs)as well as Global Positioning System (GPS).
The Rapid biological assessment, by using BMIs, has been conducted by the Contra Costa Clean
Water Program,which is responsible for the countywide municipal stormwater(National Pollutant
Discharge Elimination System [NPDES] program for Contra Costa County. The grant funded
Project will enable to further collect biological data on the creeks and watersheds in the County.
The GPS creek data collections have been conducted since 2001 by the members of the Contra
Costa Watershed Forum. The Forum is staffed by the Community Development Department, and
has just finished sponsoring the County Creeks and Watersheds Symposium in November 2003.
The Forum member organizations coordinate volunteers to collect physical attributes of creeks by
using GPS technology. The grant funded Project will collect more data on sections of creeks in the
County.
The Project is scheduled to start in the early spring of 2004. The term of the contract with the State
Board begins on January 15,2004. It is crucial that all necessary documents,such as the Standard
Agreement are signed as soon as possible to start implementing the Project. A consultant,who will
work closely with the Community development department staff, is scheduled to be hired in late
February or March.
ATTACHMENTS:
• Cover letter from the State Water Resources Control Board,requesting designated personnel to
sign the Standard Agreement
• Standard Agreement Signatory Form
• Scope of Work of the Contra Costa Citizen Watershed Monitoring f Assessment Program
• Budget Detail and Payment Provisions
• General Terms and Conditions
• Special Terms and Conditions
State Nater Resources Control Board
<LN.4 Division of Administrative Services
a
��
Terry Tamcnlnety
1001 1 Street•Sacramento,California 95814•(916)341-5082 Arnold Schwarzen er
Secreta °r Mailing Address:P.O.Box 100 Sacramento,California•95812-0100 Governor
Environmental Fax(916)341-5060•http:ifwww.swrcb.ca.go ,.., 1r : ,}14
l � �t� r"
Protection s
John Kopchik
Contra Costa Community Development Department
651 Rine Street, North Wing,4t"door
Martinez, CA 94553
Subject: Agreement Number:03-115-552-0
In an effort to streamline the way the State of California conducts business,we have standardized current contracting
procedures and formats. This is to eliminate unnecessary duplication of Agreement language and documentation. You
will note that in the new format of the Standard Agreement(STD 213),a copy of the General Terms and Conditions(GTC)
or Interagency(GIA)is not provided. The GTC is available on the Internet at www.ols.do.ca.gov/standard+lan-guage and
may be downloaded and printed for your files. However, if you do not have Internet capabilities, you may request a hard
copy by contacting the person listed in the paragraph below.
This Agreement cannot be considered binding on either party until approved by appropriate authorized state agencies. No
services should be provided prior to approval, as the State is not obligated to make any payments on any Agreement prior
to final approval. Expeditious handling of this Agreement is appreciated. For inquiries regarding this Agreement, please
call Shelia Repace at(916)341-5084 or E-mail address: repas@das.swreb.ca.gov.
Complete the following item(s)and return to the P. O. Box address stated above.
• Standard Agreement(STD 213)with attached exhibits. Sign the first page of the standard agreement package
(STD 213) and the additional single STD 213 enclosed,and return for further processing.
• For Public Agencies, a Resolution by the governing body authorizing the execution of the Agreement and any
amendments thereto is required for this Agreement. Please indicate the authorized representative by title.
❑ Payee Data Record (STD 204). No payment can be made unless this form is complete and returned.
Contractor Certification Clauses (CCC). The CCC package contains clauses and conditions that may apply to your
Agreement and to persons doing business with the State of California. it is available on the Internet site referenced in
paragraph one above. Please sign and return the first page of the most current CCC. Failure to do so will prohibit the
State of California from doing business with you.
M A copy of your insurance certification which states coverage will not be canceled without 30 days written notice to the
State of Californias and which also includes the State of California, its officers, agents, and employees.as additionally
insured.
❑ Tide enclosed agreement is signed on behalf of the Water Resources Control Board. Continue processing and when
approved, return the original to this office.
❑ The enclosed approved Agreement is for your records. You are now authorized to provide the agreed upon services.
Contracts Section
Division of Administrative Services
Enclosures {
California Environmental Protection Agency
n i,. Recveled Paner
State Nater Resources Control Board
Division of Administrative Services
Terry T'amminen 10011 Street•Sacramento,California 95814-{916}341-5082 ' Arnold Schwarzenegger
Secretary for Mailing Address:P,O.Box 100•Sacramento,California-95812-0100 Governor
Environmental Fax{915}3415060-http://www.swrcb.ca=go 4
P'r'otection �� � ti l�GU3
John Kopchik
Contra Costa Community Development Department
651 Pine Street, North Wing,41"Floor
Martinez, CA 94553
Subject: Agreement Number:03-115-552-0
In an effort to streamline the way the State of California conducts business,we have standardized current contracting
procedures and formats. This is to eliminate unnecessary duplication of Agreement language and documentation. You
will note that in the new format of the Standard Agreement(STD 213), a copy of the General Terms and Conditions(GTC)
or Interagency(GIA)is not provided. The CTC is available on the Internet at www.ois.dgs ca.gov/standard+language and
may be downloaded and printed for your files. However, if you do not have Internet capabilities,you may request a hard
copy by contacting the person listed in the paragraph below.
This Agreement cannot be considered binding on either party until approved by appropriate authorized state agencies. No
services should be provided prior to approval, as the State is not obligated to make any payments on any Agreement prior
to final approval. Expeditious handling of this Agreement is appreciated. For inquiries regarding this Agreement, please
call Sheila Repace at(916)341-5084 or E-mail address: repas@das.swrcb.ca.gov.
Complete the following item(s)and return to the P. 0. Box address stated above.
Standard Agreement(STD 213)with attached exhibits. Sign the first page of the standard agreement package
(STD 213)and the additional single STD 213 enclosed,and return for further processing.
Z For Public Agencies, a Resolution by the governing body authorizing the execution of the Agreement and any
amendments thereto is required for this Agreement. Please indicate the authorized representative by title.
❑ Payee Data Record (STD 204). No payment can be made unless this form is complete and returned.
® Contractor Certification Clauses(CCC). The CCC package contains clauses and conditions that may apply to your
Agreement and to persons doing business with the State of California. It is available on the Internet site referenced in
paragraph one above. Please sign and return the first page of the most current CCC. Failure to do so will prohibit the
State of California from doing business with you.
❑ A copy of your insurance certification which states coverage will not be canceled without 30 days written notice to the
State of Califomia�and which also includes the State of California, its officers, agents, and employees.as additionally
insured.
❑ Tale enclosed agreement is signed on behalf of the Water Resources Control Board. Continue processing and when
approved, return the original to this office.
❑ The enclosed approved Agreement is for your records. You are now authorized to provide the agreed upon services.
Contracts Section
Division of Administrative Services
Enclosures
California:environmental Protection Agency
n Recveled Prones
STATE OF CALIFORNIA AGREEMENT NUMBER
STANDARD AGREEMENT 03-115-552-0
STD.213(Rev 05103)
REGISTRATION NUMBER
1, This Agreement.,entered into between the State Agency and the Contractor named below:
STATE AGENCY'S NAME
State Water Resources Control Board
CONTRACTOR'S NAME
Contra Costa County Community Development Department
2. The term of this
Agreement is: January 15,2004 through March 31,2006
3, The maximum amount $ 250,000
of this Agreement is: Two hundred fifty thousand dollars
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made
a part of the Agree nent:
Exhibit A--Scope of Work 9 pages
Exhibit B—Budget Detail and Payment Provisions 2 pages
Exhibit C*-V-General Terms and Conditions GTC 103
Exhibit D --Special Terms and Conditions 3 pages
Items shown with an Asterisk(), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at www,ols.dgs.ca.gov/standard+language
IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto
CONTRACTOR Services
Department of General
Services Use Only
+CONTRACTOR'S NAME(if other than an individual,state whether a corporation,partnership,etc.)
Contra Costa County Community Development Department
BY(Authorized Signature) DA'L'E SIGNED(Do not
type)
PRINTED NAME AND TITLE OF PERSON SIGNING _
ADDRESS
651 Pine Street, North Wing,OttFloor
Martinez,CA 94553
STATE OF CALIFORNIA
AGENCY NAME
State Water Resources Control Board
BY(Authorized Signature) DATE SIGNED(Do not
type)
PRINTED NAME AND TITLE OF PERSON SIGNING
Bill Brown Chief, Division of Administrative Servicefs Exempt per:
`ADDRESS
P.O. Box 100,Sacramento,CA 95812-0100
Contra Costa County Community Development Department
SWRCB Agreement No: 03-115-552-0
Page 1 of 9
EXHIBIT A
(Standard Agreement)
SCOPE OF WORK
1. Contractor agrees to provide all personnel and equipment necessary to provide the State Water
Resources Control Board(SWRCB)with subvention services as described herein:
The Contra Costa Citizen Watershed Monitoring/Assessment Program (Program)will focus on
building a coordinated long-term citizen-based water quality and watershed
monitoringlassessment based on two(2)existing efforts in Contra Costa County(CCC):
a) Rapid bioassessments, using benthic macroinvertebrates (BM1)as indicators of water quality
problems and
b) Global positioning system (GPS)surveys of the physical conditions of creeks in CCC.
The Program will continue, expand, and integrate these efforts while also creating a lending
library,continuing extensive public involvement, and developing a watershed data clearinghouse.
2. The services shall be performed in Contra Costa County, California.
3. The services shall be provided during weekdays and weekends throughout the term of this
Agreement.
4. The Project Representatives during the term of this Agreement will be:
State Water Resources Control Board Contra Costa County Community Development Department
Contract Manager. Christine Boschen Project Director: John Ko chile
Andress: 1515 Clay Street, Suite 1400 Address. 651 Pine Street, North Wing,4th Floor
Oakland, CA 94612 Martinez, CA 94553
Phone: 510 622-2346 Phone: 925 335-1227
Fax: 510 622-2460 Fax: 925 335-1299
e-mail: CEB@rb2.swrcb.ce.gov I e-mail: jkopc@cd.co.contra-costa.ca.us
Direct all administrative inquiries to:
State Water Resources Control Board Contra Costa Count
Section/Unit: Division of Financial Assistance Section/Unit.Community Development Department
Attention: Janie Mitsuhashl, Pr ram Analyst Attention: John Ko chile
Address: 10031 1 Ste, et, 14,nFloor Address:651 Pine Street, North Wing, 4th Floor
Sacramento, CA 95814 Martinez, CA 94553
Phone: 916 341-5495 Phone: 925 335-122'
Fax: 916 341-5296 Fax: 925 335-1299
e-mail: mitsi@swrcb.ca.gov a-mail: leo pc@cd.co.contra-costa.ca.us
The parties may change their Project Representative upon providing ten (10)days written notice to
the other party.
5. A detailed description of work to tie performed and duties of all parties shall be provided in
accordance with the Work to be Performed.
r
Contra Costa County Community Development Department
SW RCB Agreement No: 03-115-552-0
Page 2 of 9
EXHIBIT A
(Standard Agreement)
A. BACKGROUND AND GOALS:
A number of organizations in CCC are working to improve the health of local creeks and watersheds:
The Contra Costa Clean Water Program (CWP) is the countywide municipal stormwater(National
Pollutant Discharge Elimination System [NPDES])program for CCC. The stormwater permit requires
the CWP to perform a variety of tasks to reduce contamination of creeks and waterways.
The Contra Costa Watershed Forum (CCWF)is a partnership of private creek and watershed
organizations,and local government agencies working to seek common ground on means for
improving the health of creeks and watersheds. The CCWF is an open, public committee that meets
every other month, in addition to serving as coordination clearinghouse for the CCC on creek issues,
the CCWF has undertaken a number of programs, including a volunteer GPS creek survey program,
the preparation of Countywide Watershed Atlas,the development of a website, and a mitigation
coordination program.
The Contractor, Centra Costa County Community Development Department(CDD), coordinates and
facilitates the CCWF.
The CCWF initiated a GPS data collection project in 2000, designed to collect valuable creek and
riparian area information in GCC.The CWP launched a rapid bioassessment program in 2000,aimed
at assessing watersheds and identifying/eliminating impairments in CCC water bodies.
This project, the Contra Costa Citizen Watershed Monitoring/Assessment Program (Program)will
focus on building a coordinated long-term citizen-based water quality and watershed
mon€toring/assessment based on two existing efforts:
a) Rapid biological assessments, using benthic macro invertebrates(BMIs)as indicators of water
quality problems; and
b) GPS surveys of the physical conditions of creeks in CCC.
B. WORK TO BE PERFORMED
The Contractor shall be responsible for the performance of the work as set forth herein below and for
the preparation of products and a final report as specified in this Exhibit. The Project Director shall
promptly notify the Contract Manager of events or proposed changes that could affect the scope,
budget,d schedule of work performed under this Agreement. Unless otherwise specified in the
Agreement,all deliveral,les shall be provided to both the Program Analyst and Contract Manager.
Task 1. Project Administration
1.1 Provide all technical and administrative services as needed for Agreement completion;review
all work performed;and coordinate budgeting and scheduling to assure thatthe Agreements
completed within budget, on schedule, and in accordance with approved procedures,
applicable laws,and regulations.
1.2 Ensure that the Agreement requirements are met through completion of quarterly progress
reports submitted to the Contract Manager by the tenth(10th)of the month following the end of
the calendar quarter(March,June, September,and December)and through regular
Contra Costa County Community Development Department
SWRCB Agreement No: 03-115-552-0
Page 3 of 9
EXHIBIT A
(Standard Agreement)
communication with the Contract Manager. The progress reports shall describe activities
undertaken and accomplishments of each task during the quarter, milestones achieved, and
any problems encountered in the performance of the work under this Agreement. The
description of activities and accomplishments of each task during the quarter shall be in
sufficient detail to provide a basis for payment of invoices and shall be translated into percent of
task work completed for the purpose of calculating invoice amounts.
1.3 Disclosure Requirements-Include the following disclosure statement in any document,written
report,or brochure prepared in whole or in part pursuant to this Agreement*
"Funding for this project has been provided in full or in part through an Agreement with the
State Water Resources Control Board(SWRCB)pursuant to the Costa-Machado Water Act
of 2000(Proposition 13)and any amendments thereto for the implementation of California's
Nonpoint Source Pollution Control Program. The contents of this document do not
necessarily reflect the views and policies of the SWRCB, nor does mention of trade names or
commercial products constitute endorsement or recommendation for use:,"
The Contractor shall include in each of its subcontracts for work under this Agreement a
provision that incorporates the requirements stated within this subtask.
1.4 The Project Director shall notify the Contract Manager at least ten(10)working days prior to
any public or media event publicizing the accomplishments and/or results of this Agreement
and provide the opportunity for attendance and participation by SWRCB representatives.
1.5 Complete a one(1)-page Contract Summary Form (form to be provided by the SWRCB)within
three(3)months of the Agreement execution.
1.6 Award subcontract(s)to appropriate organization(s)to perform tasks as outlined in this
Agreement. Document steps taken in soliciting and awarding the subcontract and submit them
to the Contract Manager for review prior to subcontract award. Provide Contract Manager with
a copy of the awarded subcontract. Document all subcontractor activities and expenditures in
progress reports.
1.7 Every six(6)months during the term of this Agreement, the Contractor shall develop and
submit to their assigned SWRCB Program Analyst expenditure/invoice projections to enable
funding to be available for payment of invoices,
1.8 At the completion of this project and prior to final payment,the Project Director shall fill out and
provide a survey farm to the Contract Manager.
Task Deliverables: 1.2 Progress Reports, 1.5 Contract Summary Form, 1.6 Subcontractor
Documentation, 1.7 Expenditure/Invoice Projections, 1.8 Project Survey Form
Task 2. gualitY Assurance Pro
iect Plan
2.1 Prepare and maintain a Quality Assurance Project Plan (QAPP).The QAPPshall be approved
by the Regional Board/SWRGB Quality Assurance{QA}officer prior to implementation of any
sampling or monitoring activities. No monitoring shall occur prior to QAPP approval. Any costs
related to monitoring data collected prior to and not supported by the approved QAPP will not
be reimbursed.
Contra Costa County Community Development department
SWRCB Agreement No: 03-115-552-0
Page 4 of 9
EXHIBIT A
(Standard Agreement)
Task Deliverables: 2.1 Approved and Signed QAPP
Task 3. Project Assessment and Evaluation Plan
3.1 Submit a Project Assessment and Evaluation Plan to the Contract Manager that does all of the
following:
• Identifies the nonpoint source or sources of pollution to be prevented or reduced by the
project.
• Describes the baseline water quality or quality of the environment to be addressed.
• Describes the manner in which the project will be effective in preventing or reducing
pollution and in demonstrating the desired environmental results.
Task Deliverables: 3.1 Project Assessment and Evaluation Pian.
"Cask 4 A ftsory Committee and Staffing for the Program
The Advisory Committee shall assist the Contractor and its partners in guiding implementation of the
Program.
4.1 Establish an Advisory Committee structure and job description outlining the general proposed
make-up of the Advisory Committee and the duties of individual members. The functions of the
Advisory Committee will be:
• To provide oversight in the development of the Contra Costa Watershed Data Collection
Lending Library(Library)and Assistance Center for Volunteers;expansion of the Contra
Costa Rapid Bioassessment Program; and expansion of the Volunteer GPS Creek Survey
Program; and
• To provide a formal bridge between the CCWF and the GWP,with the Advisory Committee
providing detailed oversight and the other two(2)pre-existing bodies providing advice and
guidance at amore generalized, programmatic level.
4.2 Establish an Advisory Committee by recruiting individuals and organizations to fill the posts
outlined in Task t'1 though letters of invitation and/or telephone calls.
4.3 Conduct quarterly Advisory Committee meetings to discuss sampling protocols,trainings, staff
support, and outreach. Meeting summaries will include agenda, decisions,action items and
attendees.
Task Deliverables:4.1 Roles and Responsibilities of Advisory Committee; 4.2 Advisory,Committee
Member List And Contact Information;and,4.3 Quarterly Meeting Summaries.
s
Centra Costa County Community Development Department
SWRCB Agreement No: 03-115-552-0
Page 5 of 9
EXHIBIT A
(Standard Agreement)
Task 5. Resource and Trairkinq Center For Volunteers
Create the Library,the Watershed Data Clearinghouse, and a Volunteer Training Program.
5.1 Develop a list of volunteer outreach strategies for CCC citizen-based monitoring group.
5.2 Develop a citizen-based water quality monitoring and watershed assessment manual, in
consultation with the Advisory Committee, by compiling existing protocols agreed upon by
technical advisors(e.g., SWRCB Clean Water Team staff).
5.3 Create the Library to aid in the development of a coordinated countywide citizen-based
monitoring program. The Library will include: supplies for volunteer water quality monitoring,
watershed assessment, GPS data collection; sampling protocols; handbooks; and additional
resources available to CCC volunteer-monitors.The Library shall also provide technical support
for the public regarding monitoring on a drop-in or appointment basis as a supplement to Task
5.4.
5.4 Coordinate a one(1)-day training workshop for volunteers on protocols and.procedures
described in the water quality monitoring and watershed assessment manual(Task 5.2),
including sampling and data collection methodologies. The workshop may be conducted in
conjunction with other public agencies and/or non-profit organizations (e.g.�SWRCB Clean
Water Team and the Watershed Assessment Resources Center);
5.5 Enter/qualify watershed data collected by the Program, integrate new data,to the extent
possible,with existing watershed databases,and maintain a watershed data clearinghouse
(with CWP and CCWF staff).
5.6 Develop and make a total of two(2)(one[1] per year)presentations to community-based
organizations, such as the CCWF,to shown the outcomes of data collection efforts.
5.7 Post information collected by volunteer monitors on the existing CWP and/or CCWF websites a
total of four(4)times(two[2]per year)for universal access.
Task Deliverables: 5.1 List Of Volunteer Outreach Strategies; 5.2 Citizen-Based Water Quality and
Watershed Assessment Manual; 5.4 Summaries and Attendance Lists for Volunteer Trainings; 5.6
Dates and Attendance Lists For Presentations; 5.7 Dates Data Are Posted On Website(s),
Task 6. Rapid 8ioas1;essrnents
The Contra Costa Rapid Bioassessment Program utilizes rapid biological assessments of BMI
communities as indicators of biological integrity, or the"health"of a stream.
6.1 Purchase rapid bioassessment related supplies necessary to conduct assessments in selected
CCC coastal watersheds. Examples of supplies that may be necessary include tools for
collecting and storing specimens.
6,2 Conduct two(2)biological assessment workshops for citizen monitors using.the curriculum
developed by the Sustainable Land Stewardship Institute(SLSI).
Contra Costa County Community Development Department
SWRCB Agreement No: 03-115-552-0
Page 6 of 9
EXHIBIT A
(Standard Agreement)
6.3 Conduct six(6)citizen-led rapid bioassessments, using BMis as indicators, in each of two(2)
years(spring 2004 and 2005)in CCC coastal watersheds using protocols developed by the
California Department of Fish and Game's(CDFG)Water Pollution Control Laboratory.
6.4 Acquire signed landowner agreements allowing monitors to access private property if private
property must be accessed to perform the monitoring.
6.5 Send BMi samples to the contracted certified aquatic bioassessment laboratory to perform
professional level identification of samples collected during citizen-led bioassessments (subtask
6.3).
6.5 Analyze bioassessment results and prepare a draft report with conclusions and next steps for
each watershed to be submitted to the Contract Managerwith a copy to the'RWQCB staff
overseeing the CCCW P,if that is not the same individual,for review and comments.
6.6 Complete a final bioassessment report for submittal to the Contract Managerfor approval.
6.7 Conduct a total of two (2) presentations to citizen monitoring groups, such as the CCWF, and
public agencies, such as the CWP,following analyses.
Task Deliverables: 6.2 SLS1 Curriculum Outline or Cover Page, Dates and Attendance Lists for
Workshops; 6.3 Cover Page of CDFG Protocols, Dates and Attendance Lists for Monitoring Events;
6.4 Signed Landowner Agreements;6.5 Draft Bioassessment Report(only to Contract Manager); 6.6
Final Bioassessment Report(including Raw Field Data Sheets and Laboratory Reportsin Copy
Transmitted to Contract Manager); 6.7 Dates and Attendance Lists of Presentations.
Talk 7. GIBS Surveys
The Volunteer GPS Creek Survey Program, initiated as a Pilot Program by the CCWF, is designed to
collect data on physical attributes of creeks and watersheds necessary to determine sources of
impairments to beneficial uses and restoration opportunities. GPS units are used to automatically
record locations as surveys are completed.
7.1 Purchase supplies necessary to collect and present additional creek and watershed data.
Examples of necessary supplies include GPS units, antennas, and devices for measuring
shade cover and bank slope.
7.2 Develop a"train t'-'e trainers"program for the Volunteer GPS Creek Survey Program, including
comprehensive training materials.
7.3 Conduct two(2)full-day"Train the Trainers"training workshops.
7.4 Conduct approximately twenty-five(25)volunteer training sessions(some of these training
sessions will be conducted by volunteer trainers). Volunteers will be recruited through the
CCWF and the network of participating watershed organizations.
7.5 Survey approximately an additional twenty-five(25)miles of CCC creeks using volunteers
(some data collection events will be conducted by volunteer data collection supervisors). The
physical features to be surveyed include:the size and location of constructed and natural
outfalls,channel composition,shade(cover,substrate conditions,general vegetation
Contra Costa County Community Development department
SWRCB Agreement No: 03-115-552-0
Page 7 of 9
EXHIBIT A
(Standard Agreement)
characteristics, dumping areas, erosion areas, bank slope, and locations of patches of invasive,
non-native vegetation.
7.5 Refine and augment data collection protocols used for the pilot project to improve data
consistency and reliability.
7.7 Download data from GPS units to a computer, correct data based on refined estimates of
satellite locations obtained from fixed GPS base stations, and analyze collected dated
according to the provisions of the QAPP(Task 2). Make data accessible via Watershed Data
Clearinghouse,as described more fully in Task 5).
7.8 Create maps illustrating the collected data on physical attributes of the water body and
analyzing such features as potential pollutant sources, potential restoration areas,and
suitability of creek segments for anadromous fish restoration and the obstacles to such
restoration.
Task Deliverables: 7.3 Dates and Attendance Lists for"Train-the-Trainers"Training Workshops; 7.4
Dates and Attendance Lists for Volunteer Training Sessions, 7.8 Maps Illustrating Collected Data.
Task 8. Draft and Final Proiect Reports
8.1 Prepare a draft project report that includes the results of the tasks listed above. The report
shall include the following narrative sections:
• A brief introduction section including a statement of purpose, the scope of the project,
and a description of the approach and techniques used during the project.
• A list of the task deliverables previously submitted as outlined in the Schedule of
Deliverable Due Dates.
• Any additional information that is deemed appropriate by the Project Director, including a
manual that documents the process of partnering with citizens to conduct rapid
bloassessments and collect GPS data that other communities/agencies can use to
establish watershed assessment programs.
• Indicate whether the purposes of the project have been met. Include Information
collected in accordance with the project monitoring and reporting("assessment and
evaluation""plan, including determination of the effectiveness of the best management
practices or management measures implemented as part of the project in preventing or
reducing nontpoint source pollution,
8.2 Submit copies of the draft project report to the Contract Manager for review and comment.
8.3 Prepare a final project report that addresses,to the extent feasible, comments made by the
Contract Manager on the draft project report. Submit one(1)reproducible master and
two(2)copies of the final project report to the Contract Manager for review and acceptance.
Task Deliverables: 8.2 Draft Project Report;8.3 Final Project Report.
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Contra Costa County Community Development Department
SWRCB Agreement No: 03-195-552-0
Page 7 of 9
EXHIBIT A
(Standard Agreement)
characteristics,dumping areas, erosion areas, bank slope, and locations of patches of
invasive,non-native vegetation.
7.6 Refine and augment data collection protocols used for the pilot project to improve data
consistency and reliability.
7.7 Download data from GPS units to a computer,correct data based on refined estimates of
satellite locations obtained from fixed GPS base stations, and analyze collected dated
according to the provisions of the OAPP (Task 2). Make data accessible via Watershed Data
Clearinghouse,as described more fully in Task 5).
7.8 Create maps illustrating the collected data on physical attributes of the water body and
analyzing such features as potential pollutant sources, potential restoration areas, and
suitability of creek segments for anadromous fish restoration and the obstacles to such
restoration.
Task Deliverables: 7.3 Dates and Attendance Lists for"Train-the-Trainers"Training Workshops;
7.4 Dates and Attendance Lists for Volunteer Training Sessions; 7.8 Maps Illustrating Collected
Data.
r'
Task 8, Draft and Final Prolect Reports
8.1 Prepare a draft project report that includes the results of the tasks listed above. The report
shall include the following narrative sections:
• A brief introduction section including a statement of purpose,the scrape of the project,
and a description of the approach and techniques used during the project.
• A list of the task deliverables previously submitted as outlined in the Schedule of
Deliverable Due Dates.
• Any additional information that is deemed appropriate by the Contractor's Project
Representative, including a manual that documents the process of partnering with
citizens to conduct rapid bloassessments and collect GPS data that other
communities/agencies can use to establish watershed assessment programs.
Indicate whether the purposes of the project have been met. Include information
collected in'accordance with the project monitoring and reporting ("assessment and
evaluation")plan, including determination of the effectiveness of the best management
practices or management measures implemented as part of the project in preventing or
reducing nonpoint source pollution.
8.2 Submit copies of the draft project report to the Contract Manager for review and comment.
8.3 Prepare a final project report that addresses,to the extent feasible, comments made by the
Contract Manageron the draft project report. Submit one(1)reproducible master and
two(2)copies of the final project report to the Contract Manager for review and acceptance.
Task Deliverables: 8.2 Draft Project Report;8.3 Final Project Report.
x
Contra Costa County Community Development Department
Agreement Number: 03-115-552-0
Page 8 of 9
EXHIBIT A
(Standard Agreement)
C. SCHEDULE OF DELIVERABLE DUE DATES
TASK DELIVERABLE DUE DATE
9 PROJECT ADMINISTRATION
1.2 Progress Reports A rif 1 Q 2004&quarterly thereafter
1.5 Contract Summary Form March 30,2004
1.6 Subcontractor Documentation May 31Y 2004 and quarterly
thereafter
1.7 Expenditure/invoice Projections June 15 2004 and every 6 months
thereafter
1.8 Project Survey Form January,1,2006
2 QUALITY ASSURANCE PROJECT PLAN
2.1 Approved and Signed QAPP May 31,2004
3 PROJECT ASSESSMENT AND EVALUATION PLAN
3.1 Project Assessment and Evaluation Plan May 31;2004
5 ADVISORY COMMITTEE AND STAFFING
4.1 Roles and Responsibilities of Advisory Committee May 31,12004
4.2 Advisory Committee Member List and Contact Information August 15, 2004
4.3 Quarterly Meeting Summaries October!10,2004 and quarterly
thereafter
RESOURCE AND TRAINING CENTER FOR
VOLUNTEERS
5.1 List of Volunteer Outreach Strategies December 15, 2004
5.2 Citizen-Based Water Quality and Watershed Assessment December 15,2004
Manual
5.4 Summary and Attendance Lists for Volunteer Trainings April 15 2005
5.6 dates and Attendance Lists for Presentations November 1,2005
5.7 Dates Data Are Posted on Website(s) November 1,2005
6 RAPID BIOASSESSMENTS
SLSI Curricuium Outline or Cover Page; Dates And
6.2 November 1,2005
Attendance Lists for Workshops
6.3 Cover Page of CDFG Protocols; Dates and Attendance November 1,2005
Lists for Monitoring Events
6.4 Signed landowner agreements November 1,2005
6.5 Draft Bioassessment Report(only to Contract Manager) November 1,2005
Final Bloassessment Report(including Raw Field Data
6.6 Sheets and Laboratory-Reports in Copy Transmitted to December 31,2005
Contract Manager)
6.7 Dates and Attendance Lists of Presentations December 31 2005
Contra Costa County Community Development Department
Agreement Number: 03-115-552-0
Page 9 of 9
EXHIBIT A
(Standard Agreement)
TASK DELIVERABLE DUE DATE
7 GPS SURVEYS
7.3 Dates and Attendance Lists for"'Train-the-"trainers" December 31, 2005
Training Workshops
7.4 Dates and Attendance Lists for Volunteer Training December 31,2005
Sessions
7.8 Maps Illustrating Collected Data December 31,2005
a DRAFT AND FINALPROJECT REPORTS
8.2 Draft Project Report January 1,2.006
8.3 Final Project Report February 281) 2006
D. REPORTS
1. Not later than April 10, 2004 and quarterly thereafter,during the term of this Agreement, the
Project Director shall provide a written progress report to the Contract Manager describing
activities undertaken,accomplishment of milestones,and any problems encountered in the
performance of the work under this Agreement, and delivery of intermediate products, if any.
2. The Project Director shall submit to the Contract Manager for approval the reports containing the
results of the work performed in accordance with the Schedule of this Exhibit.
3. Not later than January 1,2006,the Project Director shall submit to the Contract Manager two(2)
copies of a draft report describing the work performed pursuant to Section B of this Exhibit for
review and comment.
4. Within two (2)weeks of receipt of the draft report, the Contract Manager shall submit final
comments to the Project Director.
5. Not later than February 28,2006, the Project Director shall submit to the Contract Manager for
approval one(1)reproducible master and two(2)copies of the final report containing the results
of the work performedand addressing the comments submitted to the Project Director by the
Contract Manager.
w 6. The report shall not be considered final until accepted and approved by the Contract Manager.
r
Contra Costa County Community Development Department
SWRCB Agreement No: 03-115-552-0
;. Page 1 of 2
EXHIBIT B
(Standard Agreement)
BUDGET DETAIL AND PAYMENT PROVISIONS
1. involcina and Payment
A. For services satisfactorily rendered, and upon receipt and approval of the invoices,the State agrees to
compensate the Contractor for actual expenditures incurred in accordance with the rues specified herein,which
is attached hereto and made a part of this Agreement.
B. Invoices shalt include the Agreement Number and shall be submitted in triplicate not more frequently than
quarterly in arrears to:
Janie Mitsuhashi
State Water Resources Control Board
Division of Financial Assistance
P.O. Box 100, 141h Floor
Sacramento, CA 95812-0100
C. The original and one(1)approved copy of the invoice or payment request will be forward to the State Water
Board's Accounting Operations Section by SWRCS's Project Representative. Payment of any invoice will be
made only after receipt of a complete,adequately supported, properly documented and accurately addressed
invoice or payment request. Failure to use the address exactly as provided above may result in return of the
invoice or payment request to the Contractor. Payment shall be deemed complete upon deposit of the payment,
properly addressed,postage prepaid, In the United States mail. All invoices must be approved by SWRCB's
Project Representative.
D, The SWRCB shall retain from the Contractor's earnings an amount equal to the last ten
percent(10%)of such earnings, pending satisfactory completion of the Agreement.
E, The invoice shall contain the following information:
1. The word"INVOICE"should appear in a prominent location at the top of page(s);
2. Printed name of the Contractor,
3. Business address of the Contractor, including P.O. Box, City, State, and Zip Code;
4. Name of State Water Board AND the Regional Water Board being billed;
5, The date of the invoice;
6. The number of the agreement upon which the claim is based; and
7. An itemized account of the services for which the State Water Board is being billed;
(a) The time period covered by the invoice, i.e., the term"from"and"to'';
(b) A brief description c. the services performed;
(c) The method of computing the amount due. The invoice shall detail the percentage of each task
completed during the invoice period multiplied by the agreed upon cost to perform each task, as specified
in the Budget less the ten percent(10%)withhold, if any:
(d) The total amount due;this should be in a prominent location in the lower right-hand portion of the last
page and clearly distinguished from other figures or computations appearing on the invoice; the total
amount due shall include all costs incurred by the Contractor under the terms of this agreement; and
(e) Original signature of Contractor(not required of established firms or entities using preprinted letterhead
invoices).
2. Budget Contingency Clause
A. Limitation of State Liability: r
The maximum amount to be encumbered under this Agreement for the 20303-04 fiscal year ending
.lune 30,2004 shall not exceed$250,000.
Contra Costa County Community Development Department
SWRCB Agreement No: 03-115-5552-0
Page 2',of 2
EXHIBIT B
(Standard Agreement)
B. It is mutually agreed that if the Budget Act of the current year and/or any subsequent years covered under this
Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no further force and
effect. In this event,the Mate shall have no liability to pay any funds whatsoever to Contractor or to furnish any
other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this
Agreement.
C. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this program, the State shall
have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement
amendment to Contractor to reflect the reduced amount.
3. Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5,
commencing with Section 927.
4. Bud et
TASK BUDGET
TASK PROPOSITION'13
1. Project Administration $ 104000
2, Quality Assurance Project Plan 7,000
3. Project Assessment and Evaluation Plan 1,000
4. Advisory Committee and Staffing for the Program 5,000
5. Resource and Training Center for Volunteers 70,000
5. Rapid Bloassessments 70,400
7. GPS Surveys 80,(}00
8. Draft and Final Project Reports 7,000
TOTAL $250,000
LINE ITEM BUDGET,Y
CO TS
Personnel Services (including benefits) $25,000
Associate Planner -333 hours @$75/hour
Operating Expenses
Supplies(less than $5,00011em) 25,1}00
(GPS units,measuring equipment, BMI sampling equipment)
Professional and Consultant Services(Data collection management) 200,000
TOTAL $250,000
t
Contra Costa County Community Development Department
SWRCB Agreement No: 03-115-5520
Page 1 of 3
EXHIBIT D
(Standard Agreement)
SPECIAL TERMS AND CONOITIONS
1.
DISPUTES: Not withstanding the provisions of the Department of General Services General Terms
and Conditions (GTC), any dispute arising under or relating to the terms of this Agreement, or related
to the performance hereunder, which is not disposed of by Agreement shall be decided by the
SWRCB's Protect Representative,who shall reduce such decision to writing and mail or otherwise
furnish a copy thereof to the Contractor. The decision of the SWRCB's Project Representative shall
be final and conclusive unless,within fifteen (15)calendar days from the date of receipt of such copy,
the Contractor mals or otherwise delivers a written appeal to the SWRCS's Executive Director. The
decision of the SWRCB's Executive Director, or authorized representative,on such appeal shall be
final and conclusive unless determined by a court of competent Jurisdiction to have been fraudulent,
or capricious,or arbitrary,or so grossly erroneous as necessarily to imply bad faith,or not supported
by any substantial evidence. In connection with any appeal under this Section,the Contractor shall
be afforded an opportunity to be heard and to offer evidence and argument in support of the appeal.
Pending final decision on any dispute hereunder, the Contractor shall proceed diligently with the
performance of the Agreement work as directed by the SWRCB's Project Representative unless the
Contractor has received notice of termination. Decisions on any disputes hereunder may include
decisions of bath fact and law, rop ,v€ded, however,that notating herein shall be construed as making
final any decision on a question of fact or law in the event of any subsequent legal proceeding before
a court of competent jurisdiction.
i
Authority to terminate performance under the terms of this Agreement is not subject to appeal under
this Section. All other issues including,but not limited to,the amount of any equitable adjustment,
and tate amount of any compensation or reimbursement which should be paid to the Contractor shall
be subject to the disputes process under this Section. (PCC 10240.5, 10381,22200 et seq,40 CFR
31.70)
2. Ri!gHTS IN DATA: The Contractor agrees that all data, plans, drawings,specifications, reports,
computer programs, operating manuals, notes,and other written or graphic work produced in the
performance of this Agreement are subject to tate rights of the State as set forth in this section. The
State shall have the right to reproduce, publish, and use all such work,or any part thereof,in any
manner and for any purpose whatsoever and to authorize others to do so. If any such work is
copyrightable,the Contractor may copyright the same, except that, as to any work which is
copyrighted by the Contractor,tate State reserves a royalty-free, nonexclusive, and irrevocable
license to reproduce, publish, and use such work, or any part thereof, and to authorize others to do
so, (40 CFR 31.34, 31.36)
3. DISCLOSURE REQUIREMENTS: Any document or written report prepared in whole or in part
pursuant to this Agreement shall contain a disclosure statement indicating that the document or
written report was prepared through Agreement with the State. The disclosure statement shall
include the Agreement number and dollar amount of all Agreements and subcontracts relating to the
preparation of such documents or written reports. The disclosure statement shall be contained in a
separate section of the document or written report.
If the Contractor or subcontractor(s)are required to prepare multiple documents or written reports,the
disclosure statement may also contain a statement indicating that the total Agreement amount
represents compensation for multiple documents or written reports.
The Contractor shall include in each of its subcontracts for work under this Agreement a provision
which'incorporates the requirements stated within this Section. (Gov.Code 7550, 40 CFR 31.20)
{
Contra Costa County Community Development Department
SWRCB Agreement No: 03-115-552-0
Page 2 of 3
EXHIBIT D
(Standard Agreement)
4. PERMITS SUBCONTRACTING WAIVER, REMEDIES AND DEBARMENT: The Contractor shall
procure all permits and licenses necessary to accomplish the work contemplated in this Agreement,
pay ail charges and fees, and dive all notices necessary and incidental to the due and lawful
prosecution of the work.
Any subcontractors,outside associates, or consultants required by the Contractor in connection with
the services covered by this Agreement shall be limited to such individuals or firms as were
specifically identified and agreed to during negotiations for this Agreement,or as are specifically
authorized by the SWRCB Project Representative during the performance of this Agreement. Any
substitutions in,or additions to,such subcontractors,associates,or consultants, shall be subject to
the prior written approval of the SWRCB Project Representative.
Any waiver of rights with respect to a default or other matter arising under the Agreement at any time
by either party shall not be considered a waiver of rights with respect to any other,default or matter.
Any rights and remedies of the State provided for in this Agreement are in addition to any other rights
and remedies provided by law.
Contractor shall not subcontract with any party who is debarred or suspended or otherwise excluded
from or ineligible for participation in federal assistance programs under Executive'Order 12549,
„Debarment anp Suspension". Contractor shall not subcontract with any individual or organization on
USEPA's List of Violating Facilities. (40 CFR, Part 31.35,Gov.Code 4477)
5. CONTRACT MODIFICATIONS: The SWRCB may, at any time,without notice to any sureties, by
written order designated or Indicated to be a"contract modification", make any change in the work to
be performed under this Agreement so long as the modified work is within the general scope of work
called for by this Agreement, including but not limited to changes in the specifications or in the
method, manner,or time of performance of work. In no event can the contract modification have any
impact on the budget specified in Exhibit B. if the Contractor intends to dispute the change,the
Contractor must,within ten(10)days after receipt of a written"contract modification", submit to the
SWRCB a written statement setting forth the disagreement with the change.
6. TERMINATION: Not withstanding the provisions of the Department of General Services General
Terms and Conditions,the SWRCB may terminate performance of work under this Agreement upon
30 days written notice.
Any termination shall be effected by written notice to the Contractor, either hand-delivered to the
Contractor or sent certified mail, return receipt requested. The notice of termination shall specify the
effective date of termination.
Upon receipt of notice of termination,and except as otherwise directed in the notice,the Contractor
shall:
a. Stop work on the date specified in the notice;
b. Place no further orders or enter into any further subcontracts for materials, services or facilities
except as necessary to complete work under the Agreement up to effective date of temtination;
c. Terminate all orders and subcontracts,
d. Promptly take all other reasonable and feasible steps to minimize any additional cost,loss,or
expenditure associated with work terminated, including,but not limited to reasonable settlement
of all outstanding liability and claims arising out of termination of orders and subcontracts;
e. Deliver or make available to the SWRCB all data,drawings,specifications,reports,estimates,
summaries,and such other information and material as may have been accumulated by the
Contractor under this Agreement,whether completed,partially completed,or in progress.
Centra Caste County Community Development Department
SWRCB Agreement No: 03-115-552-0
Page 3 of 3
EXHIBIT D
(Standard Agreement)
In tht event of termination,an equitable adjustment in the price provided for in this Agreement
shall be made. Such adjustment shall include reasonable compensation for dill services
rendered,materials supplied,and expenses incurred pursuant to this Agreement prior to the
effective date of termination. (PCC 10253, G.C. 11010.5,40 CFR 31.36)
7. BUQGET FLEXIBILITY: Subject to the prior review and approval of the SWRCB Project
Representative,line items shifts of up to$25,000 or ten percent of the annual contract total,
whichever is less,may be made up to a cumulative maximum of$50,000 per,fiscal year. Line
Item shifts may be proposed/requested by either the SWRCB or the Contractor in writing and
must not increase or decrease the total contract amount allocated per fiscal year.
8. COMPUTER_$DFTWARE: Contractor certifies that it has appropriate systems and controls in
place to ensure that State funds will not be used in the performance of this contract for the
acquisition,operation or maintenance of computer software in violation of copyright laws.
ri
General Terms and Conditions: State Water Resources ContrOl Board
December 2003
GTC 103
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by
the Department of General Services, if required. Contractor may not commence performance until such
approval has been obtained.
2. AMENDMENT:No amendment or variation of the terms of this Agreement shall be valid unless
made in writing, signed by the parties and approved as required. No oral understanding or Agreement
not incorporated in the Agreement is binding on any of the parties.
3. ASSIGNMENT: This Agreement is not assignable by the Contractor,either in whole or in part,
without the consent of the State in the form of a formal written amendment.
4. AUDIT: Contractor agrees that the awarding department, the Department of General Services,the
Bureau.of State Audits,or their designated representative shall have the right to review and to copy
any records and supporting documentation pertaining to the performance of this Agreement.
Contractor agrees to maintain such records for possible audit for a minimum of three (3)years after
final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the
auditor(s)access to such records during normal business hours and to allow interviews of any
employees who'might reasonably have information related to such records. Further,Contractor agrees
to include a similar right of the State to audit records and interview staff in any subcontract related to
performance of this Agreement. (GC 8546.7,PCC 10 115-et seq., CCR Title 2, Section 1896).
5. INDEMNIFICATION: Contractor agrees to indemnify,defend and save harmless the State, its
officers, agents and employees from any and all claims and losses accruing or resulting to any and all
contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or
supplying work services, materials, or supplies in connection with the performance of this Agreement,
and from any and all claims and losses accruing or resulting to any person, firm or corporation who
may be injured or damaged by Contractor in the performance of this Agreement.
6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any
dispute.
7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any
payments should the Contractor fail to perform the requirements of this Agreement at the time and in
the manner herein provided. In the event of such termination the State may proceed,with the work in
any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the
Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.
Page I of I
........ ...................................................................................................................................................... ........................ I......... .............
......................................
General Terms and Conditions. State Water Resources Control Board
December 2003
8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the
performance of this Agreement, shall act in an independent capacity and not as officers or employees
or agents of the State.
9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury,
the minimum, if not exact,percentage of recycled content, both post consumer waste and secondary
waste as defined in the Public Contract Code, Sections 12161 and 12200, in materials, goods, or
supplies offered or products used in the performance of this Agreement, regardless of whether the
product meets the required recycled product percentage as defined in the Public Contract Code,
Sections 12161 and 12200. Contractor may certify that the product contains zero recycled content.
(PCC 10233, 10308.5, 10354)
10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and
its subcontractors shall not unlawfully discriminate,harass,or allow harassment against any employee
or applicant for employment because of sex,race,color, ancestry,religious creed, national origin,
physical disability(including HIV and AIDS), mental disability,medical condition(cancer), age(over
40), marital status, and denial of family care leave. Contractor and subcontractors shall insure that the
evaluation and treatment of their employees and applicants for employment are free from such
discrimination and harassment. Contractor and subcontractors shall comply with the provisions of the
Fair Employment and Housing Act(Government Code Section 12990 (a-f)et seq.) and the applicab-le
regulations promulgated thereunder(California Code of Regulations, Title 2, Section 7285 et seq.).
The applicable regulations of the Fair Employment and Housing Commission implementing
Govermnent Code Section 12990{a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California
Code of Regulations, are incorporated into this Agreement by reference mid made a part hereof as if set
forth in full. Contractor and its subcontractors shall give written notice of their obligations under this
clause to labor organizations with which they have a collective bargaining or other Agreement.
Contractor shall include the nondiscrimination and compliance provisions of this clause in all
subcontracts to perform work under the Agreement.
.11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in
the document CCC 103 are hereby incorporated by reference and made a part of this Agreement by
this reference as if attached hereto.
12. TIMELINESS: Time is of the essence in this Agreement.
13. COMPENSATION: The consideration to be paid Contractor,as provided herein, shall be in
compensation for all of Contractor's expenses incurred in the performance hereof, including travel,per
diem, and taxes, unless otherwise expressly so provided.
Page 2 of 2
...............
General Terms and Conditions: State Water Resources Control Board'
December 2003
14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the
laws of the State of California.
15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies,that if these
services or goods are obtained by means of a competitive Incl, the Contractor shall comply with the
requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1). "Public purchase" means a purchase by means of competitive bids of goods, services,or materials
by the State or any of its political subdivisions or public agencies on whose behalf the Attorney
General may bring an action pursuant to subdivision(c)of Section 16754 of the Business and
Professions Code.
2). "Public purchasing body"means the State or the subdivision or agency making a public purchase.
Government Code Section 4550.
b. In submitting a bid to a public purchasing body,the bidder offers and agrees that if the bid is
accepted,it will assign to the purchasing body all rights, title,and interest in and to all causes of action
it may have under Section 4 of the Clayton Act(15 U.S.C. Sec. 15)or under the Cartwright Act
(Chapter 2 (commencing with Section 16700)of Part 2 of Division 7 o the Business and Professions
Code),arising from purchases of goads, materials,or services by the bidder for sale to the purchasing
body pursuant to the bid. Such assignment shall be made and become effective at the time the
purchasing body tenders final payment to the bidder. Government Code Section 4552.
c. If an awarding body or public purchasing body receives,either through judgment or settlement,a
monetary recovery for a cause of action assigned under this chapter,the assignor shall be entitled to
receive reimbursement for actual legal costs incurred and may, upon demand,recover from the public
body any portion of the recovery, including treble damages, attributable to overcharges that were paid
by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred
in obtaining that portion of the recovery. Government Corte Section 4553.
d. Upon demand in writing by the assignor,the assignee shall, within one year from such demand,
reassign the cause of action assigned under this part if the assignor has been or may have been injured
by the violation of law for which the cause of action arose and (a)the assignee has not been injured
thereby, or(b) the assignee declines to file a court action for the cause of action. Sete Government Code
Section 4554.
16. CHILD SUPPORT COMPLIANCE ACT: "For any Agreement in excess of$100,000, the
contractor acknowledges in accordance with, that:
a). The contractor recognizes the importance of child and family support obligations and shall fully
comply with all applicable state and federal laws relating to child and family support enforcement,
including,but not limited to, disclosure of information and compliance with earnings assignment
Page 3 of 3
.................................... ......
General Terms and Conditions State Water Resources Control Board
December 2003
0
rders, as provided in Chapter 8 (commencing with section 5200)of Part 5 of Division 9 of the Family
Code; and
b)The contractor,to the best of its knowledge is fully complying with the earnings assignment orders
of all employees and is providing the names of all new employees to the New Hire Registry
maintained by the California Employment Development Department."
17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is
unenforceable or held to be unenforceable, then the parties agree that all other provisions of this
Agreement have force and effect and shall not be effected thereby.
18. -UNION ACTIVITIES For all contracts, except fixed price contracts of$50,000 or less,the
Contractor acknowledges that:
By signing this agreement Contractor hereby acknowledges the applicability of Government Code
Section 16645 through Section 16649 to this agreement and agrees to the following:
a)Contractor will not assist, promote or deter union organizing by employees performingwork on a
state service contract, including'a public works contract.
o
b)No state funds received under this agreement will be used to assis t,promote or deter union
organizing.
C) Contractor will not, for any business conducted under this agreement, use any state property to hold
meetings A4th employees or supervisors, if the purpose of such meetings is to assist,promote or deter
union organizing, unless the state property is equally available to the general''public for holding
meetings.
d) If Contractor incurs costs,or makes expenditures to assist,promote or deter union organizing,
Contractor will maintain records sufficient to show that no reimbursement from state funds has been
sought for these costs., and that Contractor shall provide those records to the Attorney General upon
request.
Page 4 of 4
.................
TO: BOARD OF SUPERVISORS �*�+ ';* CONTRA
r ;* COSTA
,
FROM: John Sweeten COUNTY
County Administrator
ss
DATE: February 3, 2004
SUBJECT: Grants to Encourage Arrest Policies and Enforcement of Protective Orders
Program
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONt'S)-
APPROVE and AUTHORIZE the County Administrator, or designee, to submit an application on behalf of
the County's Zero Tolerance for Domestic Violence Initiative to the Department of Justice Office can
Violence Against Women for the "Grants to Encourage Arrest Policies and Enforcement of Protection
Orders Program."
BACKGROUNDIREASQN S FOR RECOMMENDATION (S):
The Grants to Encourage Arrests program (Arrest program)will provide up to $2 million to awardees.
Proposed projects must implement statutory program purpose areas, which include:
1. Centralize and coordinate police enforcement. Prosecution, or judicial responsibility for domestic
violence cases in groups or units of police officers, prosecutors, probation and parole officers, or
judges.
2. Developing policies, educational programs, and training in police departments to improve tracking of
cases involving domestic violence and dating violence.
3. Coordinating,computer tracking systems to ensure communication between police, prosecutors,
parole and probation officers, and both criminal and family court.
4. Educating judges in criminal and other courts (including juvenile courts)about domestic violence
and improving judicial handling of such cases.
Since its inception, the Zero Tolerance for Domestic Violence Initiative (ZTDV)has been recognized for its
innovation in the area of system change through a comprehensive, coordinated, community-wide approach
that interrupts the progressive cycle of violence, recognizing the cost effectiveness of integrated and
collaborative service strategies.
The Arrest program recognizes that domestic violence is a crime that requires the criminal justice system
to hold offenders accountable for the actions through investigation, arrest, and prosecution of violent
offenders, and through close judicial scrutiny and management of offender behavior. The Arrest
program's purpose of encouraging communities to adopt a coordinated community response (CCR) in the
treatment of domestic violence as a serious violation of criminal law is consistent with Zero Tolerance's
vision and objectives.
CONTINUED ON ATTACHMENT: —YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR—RECOMMENDATION OF BOARD COMMITTEE
,APPROVE _OTHER
ACTION OF BOA ' r APPROVED AS RECOMMENDED OTHER
l
f
VOTE OF SUPERVISORS
3
�{ `gid{r �-""" !HEREBY CERTIFY THAT THIS IS A
UNANIMOUS{ABSENT
t ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN:— ON MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact:Devorah Levine 335-1017
ATTESTED``/ t)0..L1 .,'
JOHN SW N,CLERK OF��
THE,BOARD OF SUPERVISORS
AND COUNTY ADMI TRATOR
cc:Devorah Levine,CAO i { f f
BY~' DEPUTY
4
J �
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
[DATE: February 3, 20104
SUBJECT: 2005 California Office of Traffic Safety(OTS)grant for Traffic Calming on Vasco Road,and
Surrounding Streets Project.
Project No.: 0675-51'4118
SPECIFIC E2 QUEST(S)M RECOMMEMATION(S)&BACKGROUND AND JUSTIFICATION
i. Recommended Action:
APPROVE and AUTHORIZE the Public Works Director to submit the 2005 California Office of
Traffic Safety(OTS)grant application to the OTS in the amount of$200;004 for traffic calming on
Vasco Road and surrounding streets project, Brentwood area.
Continued on Attachment: X SIGNATURE:
__..RECOMMENDATION OF BOARD COMMITTEE
,4kPIPROVE OTHER
SIGNATURES
ACTION OF 130 ON��:�' Utz;� C1 APPROVED—A RECOMMENDED
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT
AYES: NOES:
ABSENT: ABSTAIN:
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
wLIe date shown.
G:1GrpoatatTransEnM2004180-Te BO for 2005 OTS Grant.Coe
Orig.Div: Public works(TE) ATTESTED:
Contact: Steve Kowalewski(925)313-2225
cc: Public Works Accounting JOHN SWEETEN, Clerk'df the Board of
Supervisors and County Administrator
B
-Deputy
SUBJECT: 2005 California Office of Traffic Safety(OTS)grant for Traffic Calming on Vasco Road and
Surrounding Streets Project.
Project No.: 0676-6P4118
DATE: February 3, 2004
PAGE: 2
11. Fiscal I pact:
There will be no impact to County General fund.
III. Reasons for Recommendations and Background:
This grant can be used for additional safety improvements on Vasco Road. The project involves
installing message signs and active feedback signs.
Applying for and obtaining grants allows the County to purchase and install more safety
improvements than would be possible without obtaining grants.
111. Consequences of Negative Action:
Failure to approve the submittal of this application will eliminate a potential funding source.'
NATE OF CALIFORNIA• OFFICE OF TRAFFIC SAFETY
OTS-136(Rev. 10/03)
OTS USE ONLY
Coversheet for Traffic Safety Concepts Concepthlo.:
Federal Fiscal Year 2005 Agency Code:
Program Area:
Date; 1/27/04 County: Contra Costa Fuad:
Contra Costa County Public Works Department
Agency. (CCC'PWD) Coordinator:
Traffic Calming on Vasco Road & Surrounding
Proposal Title: Streets Region:.
Jurisdiction:
Concept Summary. (Summarize project goats and objectives)
The three components to calming traffic are enforcement, education, and engineering. CCCPWD will
employ two parts, education and engineering, of the traffic calming formula to lower speeds and
increase driver awareness on Vasco Road. CCPWD will install and maintain driver feedback signs
that inform drivers of their current speeds. Along with these signs, we will install message boards'
reminding drivers of the risks and repurcussions of speeding. Using the results gained on Vasco
Roach, in the consecutive years, we will employ similar techniques on the surrounding streets to lower
speeds and increase driver awareness. We will also conduct a public awareness campaign
consisting of press releases and safety presentations.
List Major Expenses (personnel, contracts,etc.) List Equipment Ureter$5,000
Driver Feedback Signs, staff time Signage
AGENCY CONTACT FUNDING REQUESTED
Name: .Jerry Fahy Fiscal Year 1 2405 $100,000
(10-1-04 to 9-30-05)
Title: Traffic Engineer
Fiscal Year 2 2406 $100,000
Mailing Address: (10-1-05 to 9-30-06)
255 Glacier Dr.
Martinez,CA 94553 Total $200000.00
Phone No.: (925)313-2276
Fax No.: (925)313-2333
E-mail: #ahy@pw.co.contra-costa.ca.us
TRAFFIC SAFETY GRANT CONCEPT
Protect Title: Traffic Calming on Vasco Road and Surrounding Streets
Agency: Contra Costa County Public Works Department
Proposed Beginning and Ending Dates: 10/01/04 to 9/30/06
Problem Statement Summary
The accident rate has increased on Vasco Road due to increased vehicular volume.
Unsafe speed was the factor in nearly SQ°lo of all the reported collisions.
Problem Statement
The three components to calming traffic are enforcement, education, and engineering.
The Contra Costa County Public Works Department (CCCPWD) will employ two parts
of the traffic calming formula, education and engineering, to lower speeds and increase
driver awareness on Vasco Road.
Vasco Road is the main arterial route connecting the affordable housing areas of
Brentwood and Antioch in Eastern Contra Costa County with the employment centers of
the 1-580/1-680 corridors including the Silicon Valley. Vasco Read is also supporting a
higher volume of out-of-area traffic as it becomes an increasingly popular route to the
recreational areas of the Delta, Los Vaqueros Reservoir, and the agricultural area of
Brentwood. The vast majority of the route is a two lane mountainous roadway with blind
curves and steep inclines and declines.
Increased patrol activities by the California Highway Patrol (CHP) on Vasco Road may
have slowed the increase of collision occurrences, but has proved insufficient to keep
pace with a significant growth in population resulting in traffic volume increases.
Traffic volume has increased on Vasco Road as shown in the following table. The data
was recorded by the Contra Costa County Traffic Engineering Division.
Date Total 24-HR Volume
July 2003 21,744
April 1997 18,083
May 1996 16,322
Table 1: Average Daily Traffic(ADT) Data for Vasco Road
Table 2 summarizes the accident history data for years 2001-2003. The accident history
data for Vasco Road shows a 14-percent increase in the total number of reported
collisions from 2002 to 2003. .Almost half of all accidents on record have been
associated with unsafe speeds.
2001 2002 2003 Total
Fatal 1 1 2 4
Injury 17 10 13 40
Non-injury 19 24 25 68
Total Collisions 37 35 40 112
2001 2002 2003 Total
Unsafe Speed 12 17 19 48
Other Moving 23 17 19 59
Violations
:DUI Collisions 2 1 L 2 5
Total Collisions 37 35 1 40 112
Table 2: Traffic accident history data Vasco Road,for the past three years (2001-2403)
Proposed Solution
High visibility and increased use of speed enforcement tools are necessary to minimize
the number of traffic collisions and increase public awareness. Current resources
providing the level of enforcement necessary are limited by staffing constraints and
additional duties placed upon the Area after the September 11,2001 terrorist attacks.
Signs will be installed in two phases. The first phase will start at the beginning of fiscal
year 2005, and the second phase will start at the beginning of fiscal year 2006.
CCCPWD will install driver feedback signs that inform drivers of their current speeds on
Vasco Road. We will also install message boards reminding drivers of the risks and
repercussions of speeding.
After the first phase of signs is installed, traffic collision data will be analyzed to
determine if the safety signage is working to decrease the number of collisions. Planning
for phase two will be based upon the effectiveness of phase one.
Performance Measures
Gaal
The ultimate goal of this project is to reduce the number of reportable collisions
by 20% from the calendar 2003 base year total of 40 collisions to 32 by the end of 2005.
Objectives
1. To install four message signs and two active feedback signs by January 1,
2005.
2. To install an additional four message signs and two active feedback signs by
January 1, 2006.
3. To conduct a public awareness campaign consisting of.
• Issuance of pre-project news releases by October 1,2005.
• Safety presentations to community organizations, employee groups and
other forums in the Area of concern.
Proposed Budget
The following table estimates the casts associated with the project concept. Personnel
costs include staff hours and their hourly rate of pay. Equipment costs include the costs
for message signs, driver feedback signs, and installation. Please see the attached
pamphlet with details about the driver feedback sign.
Federal Fiscal Year 1 Federal Fiscal Year 2 Project Total
10/01/04 to 9/30/05 10/01/05 to 9/30/06
Personnel Costs
Traffic Engineer
160 hrs. @$155.79 $24,926.40 $24,926.40 $49,852.80
Staff Engineer
300 hrs. @$101.79 $30,537.00 $30,537.00 $61,074.00
Engineering Technician
300 hrs. @$67.95 $20,385.00 $20,385.00 $40,730.00
Equipment Costs
Message Signage
8 @$1000/ea $4,000.00 $4,000.00 $8,000.00
Driver Feedback Signs
4 zx $9,000/ea $18,000.00 $18,000.00 $36,000.00
Installation $2,400.00 $2,400.00 $4,800.00
Project Total $100,000 $100,000 $200,000
(rounded)
Table 3: Project expenditure plan
The personnel costs presented in Table 3 estimates the staff time needed to coordinate the
following projects to educate the public of the safety concern on Vasco Read.
5> Write and publish newspaper press releases.
5> Create a Vasco Road safety video and show on the Contra Costa Television
Network.
> Create and publish a pamphlet informing people of the dangerous conditions on
Vasco Road.
A Create and purchase giveaway items with custom printing. (i.e. keychain with
"Vasco Road Safety Program"printed on it)
S> Set up an information booth "Vasco Road Safety Program" at the County Fair to
distribute safety handouts,buttons,key chains, and magnets to the public.
The Contra Costa Public Works Department is requesting that $200,000 be granted to
fund our traffic safety grant concept.
1071
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: February 3, 2004
SUBJECT: Acceptance of the National Association of County Engineers (NACE)/3M Transportation
Safety Initiatives Grant
Project No.: 0676-6P4118
SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Public Works Director to accept the National Association of
County Engineers (NACE)I3M Transportation Safety Initiatives Grant ;awarded in favor of the
county, in the amount of$10,000 to provide installation of active feedback signs on Vasco Road,
Brentwood area.
Continued on Attachment: X SIGNATURE: ' °
_RJECOMMENDATION OF BOARD COMMITTEE
-f-APPROVE —OTHER
SIGNATURE(S):
ACTION OF BOA APPROVED AS RECOMMENDED-4 OTHER
fr
V
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT
AYES: NOES:
ABSENT: ABSTAIN: 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
wt;e date shown.
G:\GrpData\TransEng\2004\BO-TE\BO for accepting 3M donations.doc
Orig.Div: Public Works(TE) ATTESTED- `- 6 fam '
Contact: Steve Kowalewski(925)313-2225 JOHN SWEETEN, Clerk-6f t Board bf
cc: Public Works Accounting
Supe isors and County Administrator
By_' J ✓ , Deputy
SUBJECT: Acceptance of the National Association of County Engineers (NAGE)/3M Transportation
Safety Initiatives Grant
Project No.: 0676-6P4118
DATE: February 3, 2004
PAGE: 2
II. Fiscal Impact:
There will be no impact to County General fund.
Ill. Reasons for Recommendations and Background:
The County was awarded the National Association of County Engineers (NACE)/3M
Transportation Safety Initiatives Grant. Accepting donations will provide for the installation of
active feedback signs on Vasco Road. These signs will inform speeding drivers that they are
violating the law.
Accepting grant donations allows the County to install more safety improvements than would be
possible without accepting the grant.
lll. Consequences of Negative Action:
Failure to approve the Public Works Director to accept donations will delay installing safety
improvement signs along Vasco Road.