HomeMy WebLinkAboutMINUTES - 06201995 - 1.15 TO: BOARD OF SUPERVISORS ACTING AS THE GOVERNING BODY OF THE CONTRA COSTA
COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: J. MICHAEL WALFORD, CHIEF ENGINEER
DATE: June 20, 1995
SUBJECT: APPROVE JOINT EXERCISE OF POWERS AGREEMENT WITH CONTRA COSTA COUNTY
TO DETERMINE MERCURY SOURCES IN MARSH CREEK WATERSHED, PROJECT NO.
0929-6X7039, MARSH CREEK AREA
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE Chief Engineer to execute a joint exercise of powers agreement with Contra
Costa County in the amount of$35,300 to determine mercury sources in the Marsh Creek Watershed.
II. Financial Impact:
There will be no impact to General Fund. Joint exercise of powers agreement is funded with stormwater
utility fees collected by the Flood Control District on behalf of the nineteen (19) municipalities in the
Contra Costa Clean Water Program.
III. Reasons for Recommendations and Backaround:
The San Francisco Bay Regional Water Quality Control Board requires the municipalities in the Contra
Costa Clean Water Program conduct special studies to prevent pollutants from entering stormwater
runoff. Runoff from abandoned mines can be a significant source of pollutants. Characterizing these
pollutant sources helps municipalities develop cost effective best management practices that eliminate
pollution.
Continued on Attachment: x SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON off)VNRS APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
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Orig.Div: Public Works(CCCWP)
Contact: Donald P.Freitas(510)313-2373 1. hereby certify that this is 8 correct cc: County Administrator t"And Copy of
Community Development an action taken and entered On the minutes of the
Building Inspection Board of Supervisors on the date shown,
County.Counsel ATTESTED: 2OI q q ,�
County Assessor PHIL BAT ELOR,Clerk
County Treasurer-Tax Collector Of the Board
County Auditor-Controller of Supervisors and County Administrator
Chief Engineer
Accounting
Engineering Services Ulf
Deputv
SUBJECT: JOINT EXERCISE OF POWERS AGREEMENT WITH CONTRA COSTA COUNTY TO
DETERMINE MERCURY SOURCES IN MARSH CREEK WATERSHED
Page -2-
111. Reasons for Recommendations and Background: (cont.)
Contra Costa County will contract with the University of California for a study that assesses the sources
of mercury in the Marsh Creek watershed. The contractors will examine abandoned mines to determine
the extent of pollutants in runoff. The study will include water quality sampling, characterization of
mercury in fish and sediment sampling. A report will be developed to explain study results to the
municipalities in the Contra Costa Clean Water Program.
All nineteen (19) municipalities in the Contra Costa Clean Water Program will jointly fund this study
through this agreement between Contra Costa County and the Flood Control District. The Clean Water
Program municipalities must approve future year costs of the study at later dates.
IV. Consequences of Negative Action:
The San Francisco Bay Regional Water Quality Control Board may find that the Contra Costa Clean
Water Program is not conducting special studies as required in its Municipal NPDES Stormwater Permit.
The Regional Board has the authority to fine municipalities in the Contra Costa Clean Water Program
up to $25,000 per day for non-compliance with the permit.
JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN CONTRA COSTA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
AND COUNTY OF CONTRA COSTA p
Special Project to Determine Mercury
t
Sources In Marsh Creek Watershed
1. Parties:
Effective , the CONTRA COSTA COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the
State of California, hereinafter referred as "DISTRICT," and the COUNTY OF
CONTRA COSTA, a political subdivision of the State of California, hereinafter
referred as "COUNTY," pursuant to Government Code Section 6500 and following,
mutually agree and promise as follows:
2. Purpose and Scope of Work:
COUNTY is conducting a special study project, hereinafter referred as "PROJECT",
to determine the sources and impact of mercury in the Marsh Creek watershed.
The study was approved by the nineteen municipalities of the Contra Costa Clean
Water Program, which includes seventeen cities, Contra Costa County and the
DISTRICT, and will be funded by stormwater utility assessments levied by the
DISTRICT. The purpose of this Agreement is to apportion PROJECT duties and
costs between COUNTY and DISTRICT.
3. Methods:
COUNTY shall perform the following activities:
a. Act as lead agency and comply with all environmental requirements pursuant
to California Environmental Quality Act.
b. Obtain all necessary permits for PROJECT.
C. Retain a qualified consultant approved by DISTRICT to conduct PROJECT.
d. Perform all necessary supervision and contract administration to ensure that
the PROJECT work complies with this Agreement.
e. Maintain PROJECT records and document project expenses.
f. Bill DISTRICT for PROJECT tasks described in Exhibit "K.
g. Prepare and deliver to DISTRICT a written report of all receipts and
disbursements.
DISTRICT shall perform the following activities:
a. Act as a responsible agency pursuant to California Environmental Quality
Act.
b. Consult with COUNTY, as necessary, to enable PROJECT work to be
properly completed.
C. Reimburse COUNTY for the PROJECT tasks described in Exhibit "K.
4. Changes in Project Work:
The PROJECT work shall comply with acceptable engineering practices and shall
include all of the tasks set forth in Exhibit "K. Any changes in the PROJECT work
shall require the prior, written approval of DISTRICT.
5. Financial Responsibilities:
DISTRICT shall reimburse COUNTY for all costs of the PROJECT work, including
reasonable compensation for necessary review and contract administration
performed by COUNTY, as well as all costs of any changes or extra work requested
or approved in writing by DISTRICT. PROJECT task breakdown and the maximum
costs that DISTRICT shall pay for the entire PROJECT are set forth in attached
Exhibit "A".
6. Insurance and Hold Harmless:
a. The contract documents for PROJECT shall include provisions requiring the
consultant to: (1) obtain and maintain in full force and effect during the
PROJECT work, workers' compensation, public liability and property damage
insurance, in forms and limits of liability satisfactory to COUNTY and
DISTRICT, naming COUNTY and DISTRICT, their governing bodies, officers
and employees as additional insureds; and (2) promise to defend, indemnify,
save and hold harmless DISTRICT, its governing body, officers and
employees from liability to the same extent as promised to COUNTY. The
aforementioned policy shall contain an endorsement that the insurance
afforded thereby to the additional insureds shall be primary insurance to the
full limits of the policy, and that if any of the additional insureds have other
insurance or self insurance against a loss covered by such policy, such
insurance or self insurance shall be excess insurance only. Before
r
beginning the PROJECT work, the consultant shall submit to COUNTY and
DISTRICT a certificate of insurance evidencing the required coverages and
requiring the carrier to give at least 30 days written notice to COUNTY and
DISTRICT of any cancellation, non-renewal or material modification of the
policy. COUNTY shall be responsible for ensuring that this requirement has
been met before allowing the PROJECT work to proceed.
b. Neither DISTRICT, nor any officer or employee thereof, shall be responsible
for any damage or liability occurring by reason of anything done or omitted
to be done by COUNTY or in connection with any work delegated to
COUNTY under this AGREEMENT, and COUNTY shall defend, indemnify,
save and hold harmless DISTRICT, its governing body, officers and
employees from the same.
C. Nothing in this AGREEMENT is intended or shall be construed to affect the
legal liability of either party to third parties by imposing any standard of care
greater than that imposed by law.
7. Restrictions:
Pursuant to Government Code Section 6509, the powers of the parties under this
AGREEMENT shall be subject to the restrictions on such powers applicable to
COUNTY.
8. Agreement Modification:
This AGREEMENT shall be subject to modification only with the prior, written
consent of COUNTY and DISTRICT. Neither party shall unreasonably withhold its
consent to the implementation and accomplishment of the overall purpose for which
this AGREEMENT is drawn.
9. Agreement Expiration:
This AGREEMENT shall expire upon delivery of the report of receipts and
disbursements and payment of all funds specified herein, except for the provisions
of Section 6, which shall survive expiration of this AGREEMENT.
CONTRA COSTA COUNTY COUNTY OF CONTRA COSTA
FLOOD CONTROL AND WATER
CONSERVATION DISTRICT
By: By:
Chair, Board of Supe isors Chair, Bo rd of Supervi rs
ATTEST: ATTEST:
Phil Batchelor, Cle6k of the Board Phil Batchelor, CIO of the Board
of Supervisors and County of Supervisors and County
Administrator Administrator
RECOMMENDED FOR APPROVAL RECOMMENDED FOR APPROVAL
J. Michael Walford, Chief Engineer J. Michael Walford, Public Works .Director
By: By*bl
Chief meer ic War irec
By: By:
FORM APPROVED: FORM APPROVED:
Victor J. Westman, County Counsel Victor J. Westman, County Counsel
By: Get 4ww'd> By: 141(A 4�4aiz�
Deputy Deputy
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June 8,1995
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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 Taxonomy, Sample 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 Analysis. 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 sur cial (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.S[otton Marsh Creek Watershed Mercury Assessment Project (Tasks/Costing) 2
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ATTACHMENT "A" (cont.)
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