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TO: BOARD OF SUPERVISORS,AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY
FLOOD CONTROL AND WATER CONSERVATION DISTRICT
FROM: MAURICE SHIU, CHIEF ENGINEER
DATE: April 15, 2003
SUBJECT: APPROVE contract with Cressey and Associates for the period April 1,2003 through March
31,2004,Countywide. (Stormwater Utility Fee Assessments)(All Districts) Project No. 0929
60038
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District,
on behalf of the Contra Costa Clean Water Program, to execute a contract with Cressey and
Associates, in the amount of $75,000 to provide technical consulting services for the Rapid
Bioassessment Study on Pinole, Marsh, Kellogg and Las Trampas Creeks, for the period April 1,
2003 through March 31, 2004, Countywide. (City and County Stormwater Utility Fee
Assessments) (All Districts) Project No.: 0929-6x7038.
Continued on Attachment: X SIGNATUR
ECOMMENDATION OF COUNTY ADMINISTRA R
RECOMMENDATION OF BOARD COMMITTEE
,.,� PROVE THER
SIGNATURESlip
ACTION OF BOr ON ,APRIL 15 2003 APPROVED AS RECOMMENDED XX OTHER
VOTE OF SUPERVISORS
XX UNANIMOUS(ABSENT None )
AYES: NOES: I hereby certify that this is a true and correct copy of an action
ABSENT: ABSTAIN: taken and entered on the minutes of the Board of Supervisors on
DISTRICT III SEAT VACANT the date shown.
DPF:mm
G:\GrpData\NPDES\BO_Res_Contracts_Agmt\Forms\Board Order.doc
Orig.Div: Public Works i�iood Control ATTESTED: APRIL 15, 2003
cCAO Contact: 2373)Donald P.Freitas JOHN SWEETEN, Clerk of the Board of Supervisors and
County Counsel County Administrator
PW Accounting
By ,Deputy
SUBJECT: APPROVE contract with Cressey and Associates for the period April 1,2003 through March
31, 2004, Countywide. (Stormwater Utility Fee Assessments) (All Districts) Project No.
0929 6x7038
DATE: April 15, 2003
PAGE: 2
II. Financial Impact:
The cost is estimated to be $75,000 and shall be funded by stormwater utility fee assessments
collected by the cities and county, apportioned to their respective populations.
III. Reasons for Recommendations and Background:
The United States Environmental Protection Agency issued the National Pollutant Discharge
Elimination System (NPDES) Regulation 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 is made up of representatives of each of the nineteen(19)
cities,the County,and the Flood Control District. An important requirement of the Joint Municipal
NPDES permit is to develop and implement a monitoring program plan designed to characterize
stormwater discharges, assess the adverse effects of stormwater discharges, and identify potential
sources of pollutants found in stormwater. The Rapid Bioassessment Study undertaken by Scott
Cressey is an integral component of the Program's monitoring program plan,which will help reach
these objectives and maintain Permit compliance.
IV. Consequences of Negative Action:
If the contract extension with Scott Cressey and Associates is not approved, the study may not be
completed and all municipalities could be found in non-compliance with the Joint Municipal
NPDES permits. Potentially, fines totaling $10,000 per day and $10 per gallon of stormwater
discharge for all affected entities could be imposed.
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CONSULTING SERVICES AGREEMENT
1. Special Conditions. These Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa County Flood Control and Water Conservation District
(b) Consultant's Name &Address: Cressey and Associates
147 Ashbury Avenue
EI Cerrito, CA 94530
(c) Project Name, Number, & Location: Contra Costa Clean Water Program —2003 Rapid Bioassessment Project:
Pinole, Marsh, Kellogg and Las Trampas Creeks, Project No. 0929-6X7038
(d) Effective Date: April 1, 2003 (e) Payment Limit(s): $75,000
(f) Completion Date(s): March 31, 2004
(g) Federal Taxpayer's I.D. or Social Security Number:
2. Signatures. These signatures attest the parties' agreement hereto:
PUBLIC AGENCY CONSULTANT
By: Maurice M. Shiu �
Public Works Director/ B ��-��s�s-c �,S d c! :f �S'��-e r
Y
Chief Engineer, or Designee (Designate official capacity in the business Type of Business:
(sole proprietorship, government agency, partnership, corporation, etc.)
If Corporation, State of Inco oration:
By: B
(Designate official ca ity�n 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 ACKNOWLEDGMENT
State of California )
F, }
County of "� � ) ss.
On the date written below, before me, the undersigned Notary Public, personally appeared the person(k) 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()
is/ale subscribed to the within instrument and acknowledged to me that heN;w� hey executed the same in his/hinVinr
authorized capacity(ies), and that by his/her41iteir signature(-k) on the instrument the persons), or the entity upon behalf of
which the person(s�acted, executed the instrument.
WITNESS my hand and official seal.
Dated -` P75 �. �
FRANCIE ESPAi +'
corm.r1232�'32 `}
Notary Public
RY PL".CAUF0flW'
(Notary's Seal) _ �op&?���, �+
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Cf�trlr�:Expires p
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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. 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;and, (b)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 $1,000,000 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 EI Cerrito,City of Hercules,City of Lafayette,City
of Martinez, Town of Moraga, City of Oakley, City of Orinda, City of Pinole, City of Pittsburg, 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
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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 will 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 feast 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.
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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. 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.
16. 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.
17. 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.
18. 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.
19. 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 sub-contract 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.
a. Subcontracting.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.
20. 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.
21. 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.
22. Indemnification. Consultant shall indemnify, defend, save, protect, and hold harmless Public Agency, Contra Costa
County,City of Antioch,City of Brentwood,City of Clayton, City of Concord,Town of Danville, City of EI Cerrito,City of
Hercules, City of Lafayette, City of Martinez, Town of Moraga, City of Oakley, City of Orinda, City of Pinole, City of
Pittsburg, City of Pleasant Hill, City of Richmond, City of San Pablo, City of San Ramon, City of Walnut Creek, their
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
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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.
23. 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.
24. 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 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.
25. 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.
26. Disadvantaged Business Enterprise(DBE) Requirements (Federal aid projects only). Consultant shall 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.
27. Federal Cost Principles and Procedures (Federal aid projects 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
Form approved by County Counsel(11/00)
G:\GrpData\NPDES\BO—Res—Contracts-Agmt\Scoft Cressey&Associates12003 CSA.doc
APPENDIX "A"
2003 RAPID BIOASSESSMENT PROJECT
SCOPE OF WORK
The consultant's scope of work for the CCMAP's 2003 Rapid Bioassessment Project (Project)
includes the following responsibilities:
• Select and mark the benthic macroinvertebrate (BMI) sampling stations on new streams;
• Locate previously established BMI sampling stations on designated streams sampled in 2002
and refresh markers as needed;
• Select and mark a repeatable photo point at each BMI sampling station and take one digital
photograph per station at the time of the BMI sampling;
• Sample macroinvertebrates at 28-33 designated stations following CSBP protocols;
• Process 10 randomly chosen samples with additional BMI for methods comparison;
• Supervise citizen volunteers in sampling four stations on Alhambra Creek;
• Record ambient water chemistry and Physical Habitat Assessment data at each
macroinvertebrate station following the CSBP;
• Measure and record stream flow at each BMI sampling station during the macroinvertebrate
samplings;
• Arrange and contract for laboratory processing and analysis of all macroinvertebrate samples,
plus QA/QC samples;
• Prepare and submit a First Draft, Second Draft, and Final Report describing the methods and
results of the 2003 sampling effort;
• Attend up to three meetings at the Program's office in Martinez; and
• Participate in the citizen volunteer training session in March, 2004.
STUDY AREA
Consultant responsibilities during the past two years of the CCMAP's Rapid Bioassessment
Projects have included sampling 10 stations in the Alhambra Creek drainage. In 2003 this
procedure will be modified as follows: four stations in this drainage will be sampled by citizen
volunteers under the Consultant's supervision. In addition to supervising and assisting citizen
volunteers in the Alhambra Creek drainage, the Consultant will be responsible for sampling the
following drainages:
• Pinole Creek (2002 BMI stations PNL-1 through PNL-10 plus SI-1);
• Upper Marsh Creek (2002 BMI stations CUR-1,UMR-1, UMR-2, and UMR-3);
• Mallory Creek(2002 BMI stations MAL-1 and MAL-2); and
• Las Trampas Creek (10-12 new BMI stations).
SAMPLING METHODS
Methods for BMI community sampling, photographing sites, establishing coordinates, recording
water quality characteristics, and characterizing the physical habitat of each BMI sampling reach
• s
will follow the protocols used during the Program's 2002 field effort. "Pebble counts," a
quantitative substrate measurement technique used in the 2002 effort, will not be employed
during the 2003 study. The protocols for these methodologies are described in detail in the
report entitled, "2002 Rapid Bioassessment Project"by Cressey & Associates and EOA, Inc. on
file with the Contra Costa Clean Water Program.
SAMPLE PROCESSING
Sample processing and BMI identification will be conducted by qualified subconsultants. The
BMI identification will be contracted to a specialist who participates in the California
Bioassessment Laboratories Network (CA.MLnet) and is approved for CSBP sample analysis by
the Water Pollution Control Laboratory, California Department of Fish and Game (CDFG).
All BMI samples will be processed following CSBP protocols. In particular, organisms will be
randomly selected from a grid until 300 macroinvertebrates have been removed. These
organisms will be identified by a qualified entomologist using the Level I Standard Taxonomic
Effort as described in the CSBP. The 2003 Project will differ from the 2002 effort in that a
methods comparison will be incorporated into the sample processing. One randomly chosen
sample from each of 10 stations sampled in 2003 will have an additional 200 macroinvertebrates
removed for identification and enumeration following the standard procedure of removing 300
macro invertebrates. This will allow a comparison of the results of working with 300
macroinvertebrates per sample versus 500 per sample.
Quality control and assurance (QA/QC) of laboratory identifications will be conducted by
randomly selecting 10% of the samples collected and re-identifying the organisms contained
within the voucher samples. QA/QC analysis will be conducted by a CDFG approved laboratory.
SCHEDULE
The 2003 BMI sampling will begin in late March or early April as dictated by flow conditions in
the streams to be sampled. It is anticipated that sampling Alhambra Creek with the citizen
volunteers will occur on weekends to accommodate their schedule. Unless unusual weather
conditions occur, sampling will be completed by the end of April or shortly thereafter. The first
draft Report will be submitted to the Contra Costa Clean Water Program for technical review by
November 30, 2003. A second draft will be submitted within 15 calendar days of receiving
comments on the first draft. A final report will be submitted no later than January 31, 2004.
Participation in the citizen volunteer training session is anticipated to occur in March 2004.
PROJECT DELIVERABLES
The products submitted to the Program will consist of two draft versions and a final version of
the report. The draft reports will be submitted to the Contra Costa Clean Water Program as one
unbound copy of each. The Final Report will be submitted the Program as five bound copies and
one unbound reproducible copy.
a <
V
APPENDIX"B"
Cressey&Associates Cost Estimate
2003 Rapid Bioassessment Study
LABOR Person-Hours by Task
Tasks S. Cressey S. Stocker
Coordination and Project Management 60
Field Selection of New Sites 24
Establish New Sites 8
Field Equip. Preparation 15
BMI Sampling & Habitat Characterization 115 100
Assist Citizens Vol. with Alhambra Creek 16
Field Data Sheets QA/QC 24
Data Review and Evaluation 70
First Draft Report Preparation 66
Second Draft Report Preparation 50
Final Report Preparation 50
Meetings (3) 15
Citizen Volunteer Training Day 8
Total Person-Hours 521 100
Rate per Hour $90 $50
Subtotal Labor Cost $461890 $5,000
Total Labor Cost: $511890
EXPENSES
Item Unit Cost Cost
Mileage* 2500 $.37 each $925
Telephone* $70
Photocopies* 1000 pages $.10 each $100
Report Binding* $140
Samples Jars (120 Mason jars)* $100
Ethanol (20 gal.)* $530
Misc. Field Supplies* $150
Picking Samples (100 samples) 100 at $60 each $61000
BMI Identification (100 samples) 100 at $105 each $107500
BMI I.D. QA/QC (10 samples) 10 at $252 each $27520
Kick-net Use Fee 15 days at $10 each $150
Flow Meter Use Fee 15 days at $50 each $750
Dis. Oxygen Meter Use Fee 15 days at $50 each $750
E.C. and pH Meter Use Fee 15 days at $15 each 225
Subtotal Expenses $227910
Plus 10% on Out of Pocket Items* 200
Total Expenses: $23,110
Labor& Expense Cost Estimate: $75,000
,Apr. 03 03 09: 16a Scott Cresse,--j 510-525-0533 p- 2
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1.Certify the TIN you are giving is correct(or requester your cDrma TIN,make the proper will1W neglect
you are waiting for a number to be Issued), cpnifrcaiions,and report H your taxable inter=
2.Certify you are not subject to backup
and dMdends on your tax return. Civil perv*y for robe k formation with respect
to r►ithEwlef�p_if you make s False stgterntant
withholding,or Pa3rmbrrra you receire rrW be subject to with no reasonable basis that resvh5 in no
3_Claim exemption morn backup withhdding if tradutp teattMloid rt
backup WthhoWling.you are subject w a 5500
you are a U.S.exempt payee. t.You do not fumish your TIN to the penalty.
If you arse a foreign person.use the requester,or Crimkwl penalty fix fatsifping irdormation.
appropriate Form W-D.See Puti.51A, 2.You do nat certify your TIN when required Wtlltuuly falwlyirV certificatims or afrkmatkyis
W thboiding of Tax on Nonresident Aliens and (see the Part if insvuctions ort page 2 for may suqect you to crtmkW penalties inciuQing
Foreign Entities, derails),or fines ane/or lmprisonffmm.
Note.N if regues[er gives you a form orher than 3.The iRS tells the requester that you Misuse of Tihls-It the requester dl5cfo5£S or
Farm W-9 to regz&sr ym r TIN you must use me furrxshed an incmrect TIN.or uses TINS in violation of Federal law,the
requester's
� 9rm s for=if it iS subsrantiar>jr similar to thr's 4.The IRS tens you that you are subject to requester may be subject to[ruff and criminal
penoirim
backup wlthho{ding because you did not report
all your interest and dividen0s on yew tax return
(for Mportabla interest and dividends orHA or
Cat,No.10231 X Form W-9 (Rev.1-2002)
04/03/03 THU 10:18 [TX/RX NO 99681 Z002