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TO: BOARD OF SUPERVISORS, AS GOVERNING
BOARD OF THE FLOOD CONTROL& WATER
CONSERVATION DISTRICT S Costa
FROM: MAURICE M. SHIU, CHIEF ENGINEER ,�o '�` �P"`��
SrA-�aUti County
DATE: April 25, 2006
SUBJECT: APPROVE contract with Scott Cressey&Associates, in the amount of$49,000 for the period April
25, 2006 through March 31, 2007, Countywide. (Cities and County Stormwater Utility Fee
Assessments) (All Districts) IProject No. 7519 6x7038
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
C. APPROVE and AUTHORIZE the Chief Engineer, Flood Control and Water Conservation District, or
designee, on behalf of the Contra Costa Clean Water Program, to execute a contract with Cressey and
Associates, in the amount not to exceed $49,000, to provide technical consulting services for the Rapid
Bioassessment Study on Grayson,Kirker,East Antioch,West Antioch,Markley and Cerrito creeks,for the
period April 25, 2006 through March 31, 2007, Countywide. (Cities and County Stormwater Utility Fee
Assessments) (All Districts)Project No.: 7519-60038.
CONTINUED ON ATTACHMENT: El SIGNA
✓ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND ION F B ARD COM
APPROVE I OTHER
SIGNATURE(S): 1
ACTION OF BOA A�rl�°45/ az#-6G APPROVED AS RECOMMENDED _ ' OTHER
VOTE QF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
`// COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT tlye ! , ) MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Contact: t
CaDocuments and Settings\cwindham\Local SettingslTemporary Internet ATTESTED /
Files\OLKB2\Board Order Form.doc JOHN CULLEN,CLERK OF THE BOARD OF
SUPERVISORS
cc:
BY: DEPUTY
J
SUBJECT: APPROVE contract with Scott Cressey& Associates, in the amount of$49,000 for the period
April 25, 2006 through March 31,2007, Countywide. (Cities and County Stormwater Utility Fee
Assessments) (All Districts) Project No. 7519 6x7038
DATE: April 25, 2006
PAGE: 2 of 2
FISCAL IMPACT:
The cost is estimated to be$49,000; and,shall be funded by stormwater utility fee assessments collected by the cities
and county proportioned to their respective populations.
REASONS FOR RECOMMENDATION AND BACKGROUND:
The United States Environmental Protection Agency issued the National Pollutant Discharge Elimination System
(NPDES)Regulations for municipal storm Iwater 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 Mdfifcipal NPDES Permit is to develop and
implement a monitoring program 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 Cressey and Associates is an integral component of the Program's monitoring program plan,which
will help reach these objectives and maintain Permit compliance.
CONSEQUENCES OF NEGATIVE ACTION:
If the consulting services agreement with lCressey&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 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 on behalf of
the Contra Costa Clean Water Program
(b) Consultant's Name &Address: Cressev and Associates
147 Ashbury Avenue
EI Cerrito, CA 94530
l
(c)Project Name, Number,&Location:2006 Rapid Bioassessment Project:Grayson, Kirker, East&West Antioch,Markley
and Cerrito Creeks, Project No. 7519 6X7038
(d) Effective Date: April 25, 2006 (e) Payment Limit(s): $49,000
(f) Completion Date(s): March 31, 2007
2, Signatures. These signatures attest the parties'agreement hereto:
PUBLIC AGENCY CONSULTANT
By: Maurice M. Shiu
Public Works Director/ By:
Chief Engineer, or Designee (Designate official capacity in the busines pe of Business:
(sole proprietorship, government agency, partnership, corporation, etc.)
If Corporation, State of Incorporation:
By. �, J ".� ,. By.
(Designate officia aoacity 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.
i
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
ss.
County of f_ 1-Gi [:.S I I )
On the date written below, before me, the unldersigned Notary Public, personally appeared the person(s) signing above for
Consultant, persona4y-kpewn 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�gbeTexecuted the same in his/heFftheir-
authorized capacity), and that by his/hert(b@Ir signatureWon the instrument the persons or the entity upon behalf of
which the personW acted,.executed the instrument.
WITNESS my hand and official seal.
j 0 /�
Dated:
Notary Public
(Notary's Seal) EVELYN F.CLEMONS
OCommission#1607788
Notary Public-Colltomia
Cords Cost County
IMVCOMM-
EXPRW Sep 19,2009`
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 reporlts.
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 (see exemption in file); 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 for 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
attached hereto, which include all over1head 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 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 ofIa 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. 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. III
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 Ireasonable 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.'ln 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 loyal 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 tolexecution of this Agreement.Any other purported assignment,transfer or sub-
contracting shall be void.
21. Subcontracting.All subcontracts exceeding$25,000 in cost shall contain all of the required provisions of this contract.
Consultant will pay each subconsultanit 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 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.
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 Ithe 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 1f 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 1Agency. 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 orl by law to receive such views.
27. Project Personnel. In performing the I ervices under this Agreement, Consultant shall use the personnel listed in
Appendix B, 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 th i person being replaced.
28. 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 Ithis 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 Proced Tres (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 paymentlis made to Consultant fo 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\Cressey&Associates\2005\Cressey Contract.doc
Appendix "A"
2006 RAPID BIOASSESSMENT PROJECT
CRESSEY & ASSOCIATES' SCOPE OF WORK
1. CONSULTANT WILL:
a. Select and mark benthic macroinvertebrate (BMI) sampling stations on streams in the
Kirker (5 sites), West Antioch (2 sites), East Antioch (5 sites), and Markley (2 sites)
creek watersheds;
b. Locate previously established BMI sampling stations on streams in the
Grayson/Murderers (9 sites) and Cerrito (1 site) creek watersheds sampled in 2005 and
refresh markers as needed;
c. 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;
d. Sample macroinvertebrat Is at the 24 designated stations noted above following the most
recent California Stream Bioassessment Protocols (CSBP);
e. Collect duplicate field sample's at 10% of the designated stations (one duplicate each
from Kirker, East Antioch, and Grayson/Murders creeks for a total of three duplicates)
following the most recentCSBP protocols;
f. Record ambient water chemistry and Physical Habitat Assessment data at each .
macroinvertebrate station following the CSBP;
g. Measure and record stream flow at each BMI sampling station during the
macroinvertebrate samplings;
h. Arrange and contract for laboratory processing and analysis of all macroinvertebrate
samples,plus QA/QC samples;
i. Prepare and submit a draft report, including at a minimum an introduction, methods and
results sections, site location tables, species and metric tables, and digital photographs of
the 2006 sampling stations;
s;
j. Attend up to three meetings at the Program's office in Martinez and/or at EOA, Inc. in
Oakland; and
k. Participate in up to two citizen volunteer training sessions in 2006.
2. STUDY AREA
Consultant will be responsible.for sampling the following number of sites in each watersheds:
• Grayson/Murders Creek(9 BMI stations plus 1 duplicate);
• Kirker Creeks (5 BMI stations plus 1 duplicate);
• East Antioch Creek(5 B,MI stations plus 1 duplicate);
•
WestAntiochCreek(2 BMI stations);
• Markley Creek(2 BMI stations); and
• Cerrito Creek(1 BMI station).
1
Appendix "A"
3. SAMPLING METHODS
a. Methods for BMI community sampling will follow the current CSBP protocols regarding
sampling reach length, sample processing/compositing, and QA/QC procedures.
b. Methods used for photographing sites, establishing coordinates, recording water quality
characteristics, and characterizing the physical habitat of each BMI sampling reach will
follow the protocols used during the Program's 2005 field effort. The protocols for these
methodologies are described in detail in the report entitled, "2004 Rapid Bioassessment
Project" by Cressey & Associates and EOA, Inc. on file with the Contra Costa Clean
Water Program
4. SAMPLE PROCESSING
a. 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 (CAMLnet) and is approved for CSBP
sample analysis by the Water Pollution Control Laboratory, California Department of
Fish and Game (CFDG): Sample picking and QA/QC will be conducted by the Chico
Research Foundation in association with the CFDG's Aquatic Bioassessment Laboratory
in Rancho Cordova. Dr. Richard Bottorff will perform the taxa identification.
b. All BMI samples will be processed following CSBP protocols. In particular, organisms
will be randomly selected from a grid until at least 500 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. Quality control and assurance
(QA/QC) of laboratory identifications will be conducted by randomly selecting 10% of
the samples collected (three samples out of the total of 27 samples, and re-identifying the
organisms contained within the voucher samples. QA/QC analysis will be conducted by a
CFDG approved laboratory. QA/QC of field work will be performed by randomly
choosing one station from each of Kirker, East Antioch, and Grayson/Murders creeks and
re-sampling these stations using the CSBP.
5. PROJECT DELIVERABLES
The products submitted to the Program will consist of one draft report and one final report. All
sections of the draft and final reports will be submitted electronically to the Contra Costa Clean
Water Program. As has occurred in past years, the report's Species Similarity analysis,
Conclusion, and Recommendations will be prepared by Program staff or designated
representative (e.g., technical consultant).
6. SCHEDULE
The 2006 BMI sampling will begin in late March or early April as dictated by flow conditions in
the streams to be sampled. The draft report sections will be submitted to the Contra Costa Clean
Water Program's representative for technical review by November 30, 2006.
2
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Appendix "B"
2006 Rapid Bioassessment Study
LABOR
Task Person-Hours by Task
Cressey Tech.
Attending Citizen Training Session 16
Equipment Preparation/Assembly 20
Field Sampling 94 94
Data Compilation/Tabulation 72
Prep. Draft Rept 56
Proj. Mang. &Coordination 30
Site Selection for 2007 12
Total Hours 300 94
Rate per Hour $90 $50
Subtotal Labor: $27,000 $4,700
Total Labor: $31,700
EXPENSES
Item Unit Cost Cost
Mileage 2500 miles at $0.42 $1,050
Telephone $100
Photocopies $100
Ethanol for BMI samples $500
Plastic jars for BMI samples $180
Postage & Shipping $30
Misc. Field Supplies $70
Kick-net Use Fee 10 days at $10 $100
Flow Meter Use Fee 10 days at $50 $500
Dis. Oxygen Meter Use Fee 10 days at $50 $500
E.C. and pH Meter Use Fee 10 days at $15 $150
GPS Use Fee 10 days at $5 $50
BMI Sample Picking (500 count) 27 samples at $90 $2,430
BMI Sample I.D. (500 count) 27 samples at $200 $5,400
BMI Sample QA/QC 3 samples at $380 $1,140
-Iota] Expenses: $12,300
Subtotal Labor & Expense Cost $44,000
Plus 10% Contingency Budget $4,400
Total Budget for 2006-07 Activities: $48,400