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HomeMy WebLinkAboutMINUTES - 10122004 - C12 r 2, TO: BOARD OF SUPERVISORS, AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: MAURICE M. SHIU, CHIEF ENGINEER DATE: October 12, 2004 SUBJECT: APPROVE contract with Eisenberg, Olivieri & Associates in the amount of$141,500 for the period July 1, 2004 through June 30, 2005, Countywide. (Stormwater Utility Fee Assessments) (All Districts) Project No.: 0929-6X7055 SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION I. RECOMMENDED ACTION: APPROVE and AU'T'HORIZE the Chief Engineer,Contra Costa County Flood Control and Water Conservation District,or designee,on behalf of the Contra Costa Clean Water Program,to execute a contract with Eisenberg, Olivieri & Associates in the amount of$141,500 to provide technical consulting services for the period July 1, 2004 through June 30, 2005, Countywide (Cities and County Stormwater Utility Fee Assessments) (All Districts)Project No. 0929 6x7055. Continued on Attachment: X Signature: `-'RECOMMENDATION OF COUNTY ADMINISTRATO _ _RECOMMENDATION OF BOARD COMMITTEE ---"APPROVE OTHER SIGNATURE(S): ACTION OF BOAON OCTOBER 121 2004 APPROVED AS RECOMMENDED xx OTHER- VOTE OF SUPERVISORS I hereby certify that this is a true and correct copy of an action taken xx UNANIMOUS(ABSENT NONE ) and entered on the minutes of the Board of Supervisors on the date AYES: NOES. shown. ABSENT: ABSTAIN: DPF:mm ATTESTED: OCTOBER 12, 2004 _u G:\GrpData\NPDES\BO—Res._Contmets_Agmt\EOA\04_05\ John Sweeten, Clerk of the Board of Supervisors and County BO EOA 04 05.doc Administrator tlrig Div: Public Works(NPDES) Contact: Donald P.Freitas(925)323-2373 cc: CAO Auditor—Contract.Division By_ �.. Deputy PW-Accounting SUBJECT: APPROVE contract with Eisenberg,Olivieri&Associates in the amount of$141,500 for the period July 1,2004 through June 30,2005,Countywide. (Storrnwater Utility Fee Assessments) (All Districts) Project No.: 0929-6X7055 DATE: October 12, 2004 PAGE: 2 II. Financial Impact: The cost is estimated to be$141,500; and, shall be funded by stormwater utility fee assessments collected by the cities and county proportioned to their respective populations. III. Reasons for Recommendations and Background: The United States Environmental Protection Agency issued the National Pollutant Discharge Elimination System(NPDES)Regulations for municipal stormwater discharges on November 16, 1990 requiring Contra Costa County,nineteen(19)of its incorporated cities and the Contra Costa County Flood Control and Water Conservation District to obtain a Joint Municipal NPDES permit from the San Francisco Bay and Central Valley Regional Water Quality Control Boards. The Permits require municipalities to eliminate all pollutants from entering the municipal storm drain system. The Contra Costa Clean Water Program's Management Committee directs the Clean Water Program. The Committee is made up of representatives from each of the nineteen(19)cities,the County,and the Flood Control District. An important requirement of the Joint Municipal NPDES Permit is stormwater monitoring, and conducting special studies and watershed assessments. Temporary technical and project management services are required to keep the Program in compliance due to the loss of one of the Program's critical technical staff. IV. Consequences of Negative Action: If the consulting services agreement with Eisenberg,Olivieri&Associates is not approved,then all municipalities will be in non-compliance with the Joint Municipal NPDES permits issued by the San Francisco Bay and Central Valley Regional Water Quality Control Boards.Potentially,fines totaling$10,000 per day and$10 per gallon of stormwater discharge for all affected entities could be imposed. CONSULTING SERMICES AGREEMENT 1. Special Conditions. These Special Conditions are incorporated below by reference. (a) Public Agency: Contra Costa County Flood Control&Water Conservation District (b) Consultant's Name&Address: Eisenberra. Olivier!&Associates 1410 Jackson Street Oakland., CA 94612 (c) Project Name, Number, & Location: Monitoring Program and Special Study Management, Project No.0929 6X7055 (d) Effective Date: July 1, 2004 (e) Payment Limit(s): $ 141,500 (f) Completion Date(s): June 30,2005 2. Signatures. These signatures attest the parties'agreement hereto: PUBLIC AGENCY CONSULT Nr FC74, Zvt-c, By: Maurice M. Shiu Public Works Director/ By: � - -' - ' Chief Engineer, or designee (Designate official capacity in the busine of Business: (sole proprietorship,government agency, partnershi cr�rporatio etc.) If Corporation, State of Incorporation:_ By }tu% By: ,Ocr'Z'c. Er-5 (Designate officialtaacity In the business) Note to Consultant: For rporations, the contract must be signed by two officers. The first signature must be that of the chairmen of the board,president,or vice-president;the second signature roust be that of the secretary, assistant secretary, chief financial officer,or assistant treasurer.(Civ.Code,Sec. 1190 and Corps.Code,Sec.313.)The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGMENT State of California ) County of 16 ) ss. On the date written below, before me, the undersigned Notary Public, personally appeared the person(s)signing above for Consultant,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(les), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS my hand and official seal. / Dated: ' ' Notary Public 1346436 14 q' NOTAPZ'PUSUC-CALFORNIA( �ri?,gt$d�d�a(j LEE COUKI'-�ALAMMA „a 1•'• �My »��t 3. Parties.Effective on the above date,the above-named Public Agency and Consultant mutually agree and promise as follows. 4. Employment. Pubic Agency hereby employs Consultant, and Consultant accepts such employment,to perform the professional services described herein, upon the terms and in consideration of the payments stated herein. 5. Scone of Service. Scope of service shall be as described in Appendix A,attached hereto and made a part hereof by this reference. 6. Report Disclosure Section.Any document or written report prepared hereunder by Consultant, or a subcontractor,for Public Agency shall contain, in a separate section, the numbers and dollar amounts of this contract and all sub- contracts relating to the preparation of such document or written report, provided that the payment limit specified in Sec. 1(e)exceeds$5,000.When multiple documents or written reports are the subject or products of this agreement, the disclosure section may also contain a statement indicating that the total contract amount represents compensation: for multiple documents or written reports. 7. Insurance. Consultant shall, at no cost to Public Agency, obtain and maintain during the term hereof: (a)Workers` Compensation Insurance pursuant to state law; (b)Professional liability Insurance with minimum coverage of $1,000,000 and a maximum deductible of $50,000; and (c) Comprehensive General liability Insurance, including blanket contractual (or contractual liability)coverage,broad form property damage coverage,and coverage for owned and non-owned vehicles,with a minimum combined single limit coverage of$11,000,000 for all damages due to bodily injury, sickness or disease, or death to any person,and damage to property, including the loss of use thereof,arising out of each accident or occurrence, and naming Public Agency, Contra Costa County, City of Antioch, City of Brentwood,City of Clayton,City of Concord,Town of Danville,City of El Cerrito,City of Hercules,City of Lafayette,City of Martinez,Town of Moraga,City of Oakley,City of Orinda,City of Pinole,City of Pleasant Hill,City of Richmond,City of San Pablo,City of San Ramon,City of Walnut Creek,its/their governing bodies,officers and employees as additional insureds. Consultant shall promptly furnish to Public Agency certificates of insurance evidencing such coverage and requiring 30 days'written notice to Public Agency of policy lapse,cancellation or material change in coverage. 8. Payment. Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix B attached hereto, which include all overhead and incidental expenses,for which no additional compensation shall be allowed. Notwithstanding the foregoing, those incidental expenses specifically itemized in Appendix B shall be reimbursable by Public Agency to Consultant,provided that Consultant submits copies of receipts and,if applicable,a detailed mileage log to Public Agency.In no event shall the total amount paid to Consultant exceed the payment limit(s) specified in Sec. 1(e) without prior written approval of the Public Agency. Consultant's billing statements shall be submitted at convenient intervals approved by Public Agency and shall list,for each item of services, the employee categories, hours and rates. Public Agency wil€ pay consultant in accordance with the requirements of Civil Code Section 3320 as applicable. 9. Status.The Consultant is an independent contractor, and shall not be considered an employee of Public Agency. 10. Time for Completion. Unless the time is extended in writing by Public Agency,Consultant shall complete all services covered by this Agreement no later than the Completion Date(s)listed above. 11. Record Retention and Auditing.Except for materials and records delivered to Public Agency,Consultant shall retain all materials and records prepared or obtained in the performance of this Agreement, including financial records, for a period of at least five years after Consultant's receipt of the final payment under this Agreement.Upon request by Public Agency, at no additional charge, Consultant shall promptly make such records available to Public Agency, or to authorized representatives of the state and federal governments,at a convenient location within Contra Costa County designated by Public Agency, and without restriction or limitation on their use. 12. Documentation.Consultant shall prepare and deliver to Public Agency at no additional charge,the items described in Appendix A to document the performance of this Agreement and shall furnish to Public Agency such information as is necessary to enable Public Agency to monitor the performance of this Agreement. 13. Ownership of Documents.All materials and records of a finished nature, such as final plans,specifications,reports, and maps,prepared or obtained in the performance of this Agreement,shall be delivered to and become the property of Public Agency.All materials of a preliminary nature,such as survey notes,sketches,preliminary plans,computations and other data,prepared or obtained in the performance of this Agreement,shall be made available,upon request,to Public Agency at no additional charge and without restriction or limitation on their use. 14. Extra Work.Any work or services in addition to the work or services described in Appendix A shall be performed by Consultant according to the rates or chanes listed in Appendix B. In the event that no rate or charge is listed for a particular type of extra work, Consultant shall be paid for the extra work at a rate to be mutually agreed on prior to commencement of the extra work. In no event shall Consultant be entitled to compensation for extra work unless a written authorization or change order describing the work and payment terms has been executed by Public Agency prior to the commencement of the work. 15. Payment Retention.Public Agency shall retain ten percent(10%)of the monies due the Consultant as security for the fulfillment of this Agreement.After the Consultant has completed all work under this Agreement,submitted final billing, and the Public Agency has found the work to be accurate,the Public Agency will pay all withheld funds.Public Agency will pay withheld funds in accordance with the requirements of Civil Code Section 3320 as applicable.A retention will not be withheld for any"on-call"work. 16. Termination by Public Agency.At its option,Public Agency shall have the right to terminate this Agreement at any time by written notice to Consultant,whether or not Consultant is then in default. Upon such termination,Consultant shall, without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement, and shall be paid, without duplication, all amounts due for the services rendered up to the date of termination. 17. Abandonment by Consultant. In the event the Consultant ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the services described in this Agreement,Consultant shall, without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable value of the services performed up to the time of cessation or abandonment,less a deduction for any damages or additional expenses which Public Agency incurs as a result of such cessation or abandonment. 18. Breach. In the event that Consultant fails to perform any of the services described in this Agreement or otherwise breaches this Agreement, Public Agency shall have the right to pursue all remedies provided by law or equity. Any disputes relating to the performance of this Agreement shall not be subject to non judicial arbitration. Any litigation involving this Agreement or relating to the work shall be brought in Contra Costa County,and Consultant hereby waives the removal provisions of Code of Civil Procedure Section 394, 19. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable laws, statutes, ordinances, rules and regulations,whether federal, state, or local in origin. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. 20. Assignment. This Agreement shall not be assignable or transferable in whole or in part by Consultant, whether voluntarily,by operation of law or otherwise;provided,however,that Consultant shall have the right to subcontract that portion of the services for which Consultant does not have the facilities to perform so long as Consultant notifies Public Agency of such subcontracting prior to execution of this Agreement.Any other purported assignment,transfer or sub- contracting shall be void. 21 Subcontrggkn_a.All subcontracts exceeding$25,000 in cost shall contain all of the required provisions of this contract. Consultant will pay each subconsultant in accordance with the requirements of Civil Code Section 3321 as applicable. 22. Endorsement on Plans.Consultant shall endorse all plans,specifications,estimates,reports and other items described in Appendix A prior to delivering them to Public Agency,and where appropriate,indicate his/her registration number. 23. Patents a„nd Coovright .The issuance of a patentor copyright to Consultant or any other person shall not affect Public Agency's rights to the materials and records prepared or obtained in the performance of this Agreement.Public Agency reserves a license to use such materials and records without restriction or limitation, and Public Agency shall not be required to pay any additional fee or royalty for such materials or records.The license reserved by Public Agency shall continue for a period of fifty years from the date of execution of this Agreement,unless extended by operation of law or otherwise. 24. indemnification. Consultant shall indemnify, defend, save, protect, and hold harmless Public Agency, its governing body, officers, employees, representatives, and agents ("Indemnitees") from any and all demands, losses, claims, costs,suits,liabilities,and expenses for any damage,injury,or death(collectively"Liability")arising directly or indirectly from or connected with the services provided hereunder which is caused,or claimed or alleged to be caused,in whole or in part, by the negligence or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants,or any persons under its direction or control and shall make good to and reimburse Indemnitees for any expenditures, including reasonable attorneys'fees and costs, the Indemnitees may make by reason of such matters and , if requested by any of the Indemnitees, shall defend any such suits at the sole cost and expense of Consultant. Consultant's obligations under this section shall exist regardless of concurrent negligence or willful misconduct on the part of the Public Agency or any other person;provided, however, that Consultant shall not be required to indemnify Indemnitees for the proportion of liability a court determines is attributable to the negligence or willful misconduct of the Public Agency,its governing body,officers,or employees. This indemnification clause shall survive the termination or expiration of this Agreement. 25. Heirs,Successors and Assigns. Except as provided otherwise in Section 20 above,this Agreement shall inure to the benefit of and bind the heirs, successors,executors, personal representatives, and assigns of the parties. 26. Public Endorsements. Consultant shall not in its capacity as a Consultant with Public Agency publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Public Agency"s governing board. In its Public Agency Consultant capacity, Consultant shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely accepted scientific basis for such claims or without the prior approval of the Public Agency's governing board. In its Public Agency Consultant capacity,Consultant shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial product, even if Consultant is not publicly endorsing a product,as long as the Consultant's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Public Agency. Notwithstanding the foregoing, Consultant may express its views on products to other Consultants,the Public Agencys governing board,its officers,or others who may be authorized by the Public Agency's governing board or by law to receive such views. 27. Project Personnel. In performing the services under this Agreement, Consultant shall use the personnel listed in Appendix C, attached hereto and made a part hereof by this reference. Changes in project personnel may only be made with Public Agency's written consent,and Consultant shall notify Public Agency in writing at least thirty(30)days in advance of any proposed change. Any person proposed as a replacement shall possess training,experience and credentials comparable to those of the person being replaced. 28. Disadvantaged Business Enterprise(DBE) Regu#rements (Federal aid projects only). Consultant shat#comply with all applicable provisions of 49 CFR, Parts 23 and 26, and the County's Disadvantaged Business Enterprise(DBE) Program,which are incorporated into this Agreement by reference. In addition, in performing services under this Agreement, Consultant shall utilize all DBEs listed in Consultant's written response to the Public Agency's request for qualifications or request for proposal and shall pay to the listed DBEs the estimated amounts listed in Appendix B attached to this Agreement. The Consultant shall not substitute a listed DBE at any time or decrease the amount to be paid to a listed DBE without the advance,written consent of the Public Agency. If a listed DBE is proposed to be replaced, Consultant shall make a good faith effort to replace the original DBE with another DBE and shall submit to Public Agency written documentation of such effort. 29. Federal Cost Principles and Procedures (Federal aid proiects only). Consultant shall comply with the following provisions,which are incorporated into this Agreement by reference:(a)the cost principles for allow ability of individual items of costs set forth in 48 CFR, Chapter 1,Part 31: (b)the administrative procedures set forth in 49 CFR,Part 18, and (c) the administrative procedures for non-profit organizations set forth in OMB Circular A-110, if applicable to Consultant. In the event that payment is made to Consultant for any costs that are determined by subsequent audit to be unallowable under 48 CFR, Chapter 1, Part 31, Consultant shall refund the payment to Public Agency within 30 days of written request from Public Agency. Should Consultant fail to do so, and should the Public Agency file legal action to recover the refund, Consultant shall reimburse the Public Agency for all attorney's fees, costs, and other expenses incurred by Public Agency in connection with such action. Attachments: Appendix A,Appendix B,Appendix C Form approved by County Counsel (11100) C:\GrpDatatNPDEStB4_Res_Contracts_Agmt1EOA104_05t04_05 CSA-PL over 25000.doc APPENDIX "A" Contra Costa Clean Water Program NP©ES Compliance Scope of Work- Fiscal Year 200412005 Monitoring Program and Special Study Management Services BACKGROUND This scope of work (SOW) describes proposed tasks, budgets, and the schedule Eisenberg, Olivieri and Associates (EOA) will follow to provide technical and project management support services to the Contra Costa Clean Water Program (Program) related to the Program's Joint Municipal NPDES Permits (CA0029912 & CA 0083313). PROPOSED TASKS EUA will provide staff time and resources for fiscal year 200412005 (July 1, 2004 to June 30, 2005) to assist on tasks associated with the Program's Fiscal Year 200312004 Annual Report, and Fiscal Year 2004/2005 monitoring, watershed assessments, and special study related activities. Descriptions of tasks and deliverables are defined in the attached Table A- EOA task list, deliverables and timeline. SCHEDULE AND DELIVERABLES This Scope of Work (SOW) includes tasks to be performed in Fiscal Year 2004/2005. EOA will provide the Program with deliverables associated with the tasks defined in Table A in a timely manner. A schedule identifying each deliverable and its relative due date is included in Table A. BUDGET The budget for the entire project is $141,500 including labor and expenses. The project budget is based upon estimated time to complete the tasks described in Table A during the contract period (July 1, 2004 to June 30, 2005). The work will be based on a time and materials basis, consistent with the most current EUA fee schedule. The levels of effort for tasks 1.0-11.0 are defined in Table A. 's s 46 S9 7 LO c m o m ca .�c as c E X17 CL h£ i y 0„ IL` uj cc izID CL CD !1 L Q A. ° ♦.I �••} rim• •r. 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C+s 0 LA w 0) co 42 t CD(} tC C> N rL O Cc r- g. f 'fir tra � U) �} r- o c C �c E IT caca CL > CL E rn r- U is 00 co E CL g o v > C , >CL ' 411 CL CL S 4 o � r� EOA, cc Eisenberg, Oiivieri, & Associates Environmental and Public Health Engineering APPENDIX "B" 2004 FEE SCHEDULE The following fee schedule covers personnel rates for EOA, Inc. staff. Our charges are divided into two categories: personnel, and outside direct expenses. A new fee schedule is issued at the beginning of each year. Charges for all work, except where other arrangements have been made, are based on the new schedule of charges. PERSONNEL Personnel charges are for any technical, clerical or administrative work necessary to perform the project. Work tasks include geologic and environmental consulting, engineering and computer services, regulatory liaison, and report preparation. Personnel rates are as follows: Personnel CategoL�y Hourly Rate Principal $982 Supervising Engineer/Scientist $972 Senior Engineer/Scientist III — Project Leader $940 Senior Engineer/Scientist it $130 Senior Engineer/Scientist 1 $116 Associate Engineer/Scientist 11 $909 Associate Engineer/Scientist 1 $ 88 Technician $ 72 Clerical/Computer Data Entry $ 52 Charges for professional services are in increments of one quarter-hour. Depositions/legal testimony charged portal-to-portal, at 200% of standard rates, with a four-hour minimum charge. In accordance with California Civil Procedure 2037.7, where applicable, the minimum fee must be paid prior to commencement of testimony. Preparation for court cases is charged on a time-and-materials basis as outlined in this fee schedule. 1410 Jackson Street Oakland, CA 9461.2 ` tel: (510) 832-2852 ` fax: (510) 832-2856 ......................................................._..._.. 2004 FEE SCHEDULE (Continued) OUTSIDE DIRECT EXPENSES Reimbursement for expenses directly related to services provided will be charged at cost plus 10%. Examples of such direct expenses include: • Costs of subconsultants or subcontractors • Costs of special fees (insurance, permits, etc.) • Costs of long-distance telephone, copying, drafting, blueprints, etc. (EUA copies charged at $ 0.10 each) • Computer time for special graphic or data analysis applications at$10/hr of computer time. • Costs or rental of special equipment • Costs of authorized travel outside Bay Area • Automobile mileage directly related to services (c7 $ 0.365/mile) INVOICES Invoices are prepared and submitted on a monthly basis, as either final or progress billings and are payable upon receipt unless prior arrangements have been made. Interest of 1-1/2% per month, or the maximum rate allowed by law, is payable on accounts not paid within 30 days. EOA. Inc. C:\DOCUME-1\mmccaule\LOCALS-1\Temp\AppendixB.doc 2 Appendix "C" Project Personnel and Classifications Name Classification Chris Sommers Senior Engineer/Scientist IT Adam Olivieri Principal Fred Jarvis Supervising Engineer/Scientist Jon Konnan Senior.Engineer/Scientist II Paul Randall Senior Scientist I Navraj Padda Associate Engineer/Scientist I Carina Chen Associate Engineer/Scientist I John Fusco Senior Engineer/Scientist If