HomeMy WebLinkAboutMINUTES - 06201995 - 1.1 (2) TO: BOARD OF SUPERVISORS, AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: JUNE 20, 1995
SUBJECT: CONTRACT FOR MARSH CREEK WATERSHED MERCURY ASSESSMENT PROJECT
PROJECT NO. 7517-6X7210
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Public Works Director to execute a contract for the Clean Water
Program with Darell G. Slotton, Ph.D., Environmental Consulting in the amount of$35,300 for the Marsh
Creek Mercury Assessment Project.
II. Financial Impact:
This contract is funded with storm water utility fees collected by the Flood Control District for the Contra
Costa Clean Water Program. This contract will have no impact to the General Fund.
III. Reasons for Recommendations and Background:
There are more than 15,000 mines in California that are still actively polluting the state's waterways.
These abandoned mines have been identified as one of our state's most desperate water pollution
problems today. With the help of the Central Valley Regional Water Quality Control Board, a task force
was established to study the impacts to Marsh Creek and the Marsh Creek Reservoir from the
abandoned mercury mine and other widespread sources from the Mount Diablo State Park area, near
Clayton.
The task force is proposing to contract with Darell G. Slotten, Ph.D., in order to study and identify on a
watershed basis, the sources of mercury and other contaminants to Marsh Creek. This study will
examine the.abandoned mine on the Wesman property as well as numerous other old mercury claims
on Mt. Diablo and determine their cumulative impacts to the Marsh Creek watershed.
Continued on Attachment: X SIGNATURE: 5 ✓�
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON a,0)14 9 APPROVED AS RECOMMENDED OTHER
I hereby Certify that thta h a fte and conroot copy of
an action taken and entered an the minutes of UM
Board of Su sora Oft the data shown.
ATTESTED:
PHIL ELOR.Clerk the Board
of Supe cors and County AdmlNstraW
VO OF SUPERVISORS
UNANIMOUS(ABSENT .Deputy
AYES: NOES:
ABSENT: ABSTAIN:
PH:mg
g:lfldctl\fcbo\BOmerc20.t6
Orig.Div: Public Works(FCICCCWP)
Contact: P.Harrington,313-2271
cc: P.McNamee,Admin.
J.James,Admin.
PW Acct.
CAO
County Counsel
1, 10
CONTRACT FOR MARSH CREEK WATERSHED
MERCURY ASSESSMENT DISTRICT
JUNE 20, 1995
PAGE TWO
This proposed study is in direct compliance with the Joint Municipal National Pollutant Discharge
Elimination System permit issued to the Contra Costa Clean Water Program by the Central Valley
Regional Water Quality Control Board.
IV. CONSEQUENCES OF NEGATIVE ACTION:
The Central Valley Regional Water Quality Board may decide that the Contra Costa Clean Water
Program is not conducting adequate special studies and therefore out of compliance with its
Municipal NPDES Stormwater Permit. Under this permit the Regional Board has the authority to
fine the program up to $25,000/day for non-compliance.
' CONSULTING SERVICES AGREEMENT Fund/Ora# 2517/7517
Account,#2310
Other # 6X7210
1. Special Conditions. These Special Conditions are incorporated below by reference. /d � �
(a) Public Agency: Contra Costa County Public Works
(b) Consultant's Name & Address: Daren G. Slottan. Ph.D. Environmental Consulting
1624 Pacific Drive ���
Davis. CA 95616
(c) Project Name, Number & Location: Marsh Creek Watershed Mercury Assessment, Project No. 7517-6X7210, Brentwood area.
(d) Effective Date: 5-16-95 (e) Payment Limit(s): $35,300.00
(f) Completion Date(s): August 30, 1995
(g) Federal Taxpayer's I.D. or Social Security Number: 562-90-4813
(h) Waive Professional Liability Insurance Requirement
(i) The consultant may obtain approval from the Public Agency, to use information prepared or obtained in the performance of
this Agreement for self publication.
2. Signatures. These signatures attest the parties' agreement hereto:
PUBLIC AGENCY CONSUT 1
By: J. Michael Watford / I
Public Works Director/ By: . ! n \
Chief Engineer (Designate'officia aaci business
Type of Business S§oLe proprietorship, government
agency, partnership, corporation, etc.)
If Corporation, State of Incorporation:
By:
(Designate official capacity in the business)
Note to Consultant: For corporations, the contract must be signed by two officers. The first signature must be that of the chairman
of the board, president or vice-president; the second signature must be that of the secretary, assistant secretary, chief financial
officer or assistant treasurer. (Civ. Code, Sec. 1190 and Corps. Code. Sec. 313.) The acknowledgment below must be signed by a
Notary Public.
CERTIFICATE OF ACKNOWLEDGEMENT
State of California )
ss.
County of Contra Costa )
On the date written below, before me, the undersigned Notary Public, personally appeared the person(s) signing abov for Consultant,
personally known to me (or proved to me on the basis 91,,satisfactory evidence) to be the rson(s) whose name(s) is re subscribed
to the wilhin instrument and acknowledged to me tha he he/they executed the same i his :r/their authorized capacity(ies), and
that by his er/their signature(s) on the instrument the person(s), or the entity upon be f o w is t e r o s a to a ut d
the instrument. _ DANIELLE R.BWGSk
WITNESS my handand official seal. ViUY-V
��� J F— COMM.#1046644
(I( t�� 9 CN�Y NOTARY PUBLIC-CALIFORNIA
Dated: + m CONTRA COSTA COUNTY -+
Notary Public my Comm,Expires A0. ,1 8
(Notary's Seal)
3. Parties. Effective on the above date, the above-named Public Agency and Consultant mutually agree and promise as follows:
4. Employment. Public Agency hereby employs Consultant, and Consultant accepts such employment, to perform the professional
services described herein, upon the terms and in consideration of the payments stated herein.
5. Scope of Service. Scope of service shall be as described in Appendix A, attached hereto and made a part hereof by this
reference.
6. Rgort 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 subcontracts 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 N.A. and a maximum
deductible of NA; 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 $500.000 for all damages due to bodily injury, sickness or disease, or death to any person, and damage to
property, including the loss of use thereof, arising out of each accident or occurrence, and naming Public Agency, Contra
Costa County, 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 shalt 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. Payment will
be made within thirty (30) days after receipt of each statement.
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 charges 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. Payment of withheld
funds will be made within thirty (30) days of completing this work and submittal of a final billing. 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.
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. 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.
22. Patents and Copyrights. The issuance of a patent or copyright to Consultant or any other person shall not affect Public
Agency's rights to the materials and records prepared or obtained in the performance of this Agreement. Public Agency
reserves a license to use such materials and records without restriction or limitation, and Public Agency shall not be
required to pay any additional fee or royalty for such materials or records. The license reserved by Public Agency shall
continue for a period of fifty years from the date of execution of this Agreement, unless extended by operation of law or
otherwise.
23. Indemnification. Consultant shall defend, indemnify, save and hold harmless Public Agency, Contra Costa County,its/their
governing bodies, officers and employees from any and all claims, costs and liability for any damages, injury or death arising
directly or indirectly from, or connected with, the services provided hereunder and due to, or claimed or alleged to be due
to, negligence or willful misconduct of Consultant, its officers, employees, agents, subconsultants, or any person under its
direction or control, save and except claims or litigation arising through the sole negligence or sole willful misconduct
of Public Agency, and will make good to and reimburse the indemnitees for any expenditures, including reasonable attorney's
fees, the indemnitees may make by reason of such matters and, if requested by any of the indemnitees, will defend any such
suits at the sole cost and expense of Consultant.
24. 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.
25. Public Endorsements. Contractor shall not in its capacity as a contractor 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 Contractor capacity, Contractor 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 contractor capacity,
Contractor shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand
name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor'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, Contractor may express its views on products to other contractors, the Public Agency's
governing board, its officers, or others who may be authorized by the Public Agency's governing board or by law to receive
such views.
Attachments: Appendix A, Appendix B,
Form approved by County Counsel (8/93)
g:FLDCTL\NPDES\slotten.t5
APPENDIX A
RECEIVED
DARELL G. SLOTTON, Ph.D. PLAY 5 1995 1624 Pacific Drive
Environmental Consulting Davis,California 95616
Contra Costa County (916)752-0353
Applied Aquatic Ecology Bio e��l�it �;viand Other Toxics
Monitoring Program mp ementation
MARSH CREEK WATERSHED MERCURY ASSESSMENT PROJECT
• Mercury source determination: While the various seasonal streams that feed Marsh Creek are
still flowing, we will use ultra-clean sampling techniques to collect approximately 20 water samples
from relevant locations in the watershed for trace level analysis of mercury. Prior water analyses
for mercury in this system have utilized routine contract analytical laboratory methodologies, which
are constrained to a level of detection of 0.2 parts per billion. Though this may seem very sensitive,
it is in fact orders of magnitude higher than typical mercury levels that are found in natural waters
(Gill and Bruland 1990). The result has been that apparent above detection values from the Marsh
Creek watershed have reflected suspended sediment(i.e. soil) in the samples rather than actual
aqueous concentrations. These previously measured concentrations most likely have little
ecological relevance, in terms of actual bioavailability to the food chain. Additionally, "below
detection"results do not permit mass balances to be estimated.
Water: By carefully collecting new water samples and then having them analyzed with a
detection level of 0.02 parts per trillion--in both raw and laboratory-filtered fractions of the water--
we will be able to separate out the influence of entrained sediment and will provide above detection
mercury values for each tributary and site. The actual mercury analyses on water will be done by
Frontier Geosciences in Seattle, the premier aqueous trace mercury laboratory in the world. We
will concurrently determine the flow, in cubic feet per second, at each of the sites. With above
detection mercury concentrations, together with associated flow information, we will be able to
calculate relative mercury loads coming from each region.
In-stream Benthic Invertebrates: Additionally, because grab samples of water can be quite
variable, we will utilize another research tool to help determine relative mercury levels throughout
the watershed. At each of the water collection sites, we will carefully collect existing in-stream
aquatic invertebrate species for mercury analysis. These organisms act as little "bioindicators",
accumulating and integrating ambient mercury across the season; precisely the fraction of mercury
that is actually unbound and bioavailable for uptake into the food chain. With the proper, careful
methodologies and ecological interpretation, these in-stream organisms can provide time-integrated
information on relative bioavailable mercury levels from sites throughout a watershed.
• Downstream biota mercury: We will collect in-stream native fish species, as available, at
approximately 6 of the water/invertebrate creek stations. In Marsh Creek Reservoir, we will
provide an intensive survey of fish mercury for most or all of the species present. Five to ten fish of
each species will be sampled and individually analyzed for mercury, across a range of sizes and
ages. Collections will be made utilizing experimental gillnets, electroshockers, and angling, as
required. Fish will be weighed, measured, aged, and dissected utilizing appropriate clean technique,
and mercury analyses will include research levels of quality control (as will stream invertebrate and
fish analyses). Results will be compared to existing data from other sites in the region and the state.
Specifically, we will provide the following in this initial project:
SPECIFIC WORK TASKS IN D.G. SLOTTON
MARSH CREEK WATERSHED MERCURY ASSESSMENT (8 Total)
• Task 1--Mercury in Water: Collection. Approximately 20 carefully chosen water samples will be
collected from throughout the watershed, utilizing super-clean technique and then shipped,
overnight express on successive days, to the premier laboratory in the world for ultra-trace mercury
speciation in water, Frontier Geosciences in Seattle.
• Task 2--Flow Estimates. At each of the water collection sites, the flow in cubic feet per second will
be determined by standard hydrological procedures of cross sectional area integration and timed
current speed.
• Task 3--Mercury Mass Balance. The aqueous mercury data and corresponding flow information
will be combined to construct a mass balance of the relative mercury loads from the various
tributary streams and down to Marsh Creek Reservoir. This will identify key mercury source areas
needed,to assess mitigation options.
• Task 4--Mercury in Stream Invertebrates: Collection. TaxonomSample Preparation and Analysis.
At each of the water sites, native aquatic invertebrates will be carefully harvested, identified,
separated, cleaned, and analyzed for mercury. Mercury analyses will include research levels of
QA/QC, i.e. many additional spike recoveries, splits, standards, and standard reference materials to
ensure accuracy. The data will be interpreted based on our expertise in the area of aquatic ecology
and trophic relationships, to result in a time-integrated indication of relative bioavailable mercury
levels among the sites, augmenting the water mercury/flow analysis.
• Task 5--Mercury in Stream Fish: Collection and Analysis. If present, we will collect replicate
composite samples of stream fish at a subset of approximately 6 of the water/invertebrate stream
sites (see map). These will be prepared and analyzed for mercury, and will provide an indication of
mercury bioavailability to fish in the creek outside of the reservoir.
• Task 6--Characterization of Mercury in Marsh Creek Reservoir Fish: Collection and Anal. The
current state of fish mercury concentrations in Marsh Creek Reservoir will be assessed through an
intensive study of resident species in the spring of 1995. Experimental gillnets, electroshockers,
and angling will be utilized, as required, to collect 5-10 individuals of each significant species for
mercury analysis. We will attempt to collect a range of sizes and ages in order to completely
characterize the levels. As in the case of the stream invertebrates, all mercury analyses will include
research levels of QA/QC to ensure accuracy. Results will be compared with other regional and
state fish mercury data.
• Task 7--Marsh Creek Reservoir Sediment Mercury Characterization. To complete the set of
baseline information, for comparison with possible future monitoring needs, the surficial (recently
deposited from the stream) layer of sediment will be carefully collected at a minimum of 4 reservoir
bottom sites, for mercury analysis. Additionally, if logistically possible, one or more sediment
cores will be taken from the reservoir bottom for sectioning and analysis of deposited mercury over
time, i.e. from 5-10 depths representing sediment that entered the reservoir at various times
throughout its existence, to give an indication of the historical range and variability in sediment
mercury deposited in the reservoir.
• Task 8--Report. The information collected in Tasks 1-7 will be interpreted and combined into a
report to the County that includes tables and graphics and which presents the findings in a
straightforward and understandable manner.
D.G.Slotton Marsh Creek Watershed Mercury Assessment Project (Tasks/Costing) 2
APPENDIX B
COST BREAKDOWN OF WORK TASKS IN
D.G. SLOTTON MARSH CREEK WATERSHED MERCURY ASSESSMENT
• Task 1--Mercury in Water: Collection and Preparation. $2,500
• Task 2--Flow Estimates. $1,500
• Task 3--Mercury Mass Balance. $2,500
• Task 4--Mercury in Stream Invertebrates: Collection,Taxonomy, Preparation, Analysis. $7,600
• Task 5--Mercury in Stream Fish: Collection, Identification, Preparation, and Analysis. $1,500
• Task 6--Characterization of Mercury in Marsh Creek Reservoir Fish: $6,200
Collection, Identification, Preparation, and Analysis.
• Task 7--Marsh Creek Reservoir Sediment Mercury Characterization: $3,500
Collection, Sample Preparation, and Analysis.
• Task 8--Report. (Synthesis of Tasks 1-7) $10,000
TOTAL: $35,300
D.G.Slotton Marsh Creek Watershed Mercury Assessment Project (Tasks/Costing) 3