HomeMy WebLinkAboutMINUTES - 06202006 - C.19 � Vf
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TO: BOARD OF SUPERVISORS, AS GOVERNING ` E Contra
_.
BOARD OF THE FLOOD CONTROL& WATER
CostaCONSERVATION DISTRICT
FROM: MAURICE M. SHIU CHIEF ENGINEER
'`t COU2I"1� County
DATE: June 20, 2006
SUBJECT: APPROVE contract with Dan Cloak Environmental Consulting, in the amount of$111,000 for the
period July 1, 2006 through June 30, 2007, Countywide. (Cities and County Stormwater Utility Fee
Assessment Funds) (All Districts) Project No. 7519 6x7102
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
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 the Dan Cloak Environmental
Consulting in the amount not to exceed $111,000 for NPDES Compliance Assistance for the period July 1, 2006
through June 30, 2007, Countywide(Cities and County Storrawater Utility Fee Assessment Funds)(All Districts)
Project No. 7519 6x7102
CONTINUED ON ATTACHMENT: ❑x SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION BOARD COMM
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOA D N APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON
UNANIMOUS(ABSENT �' ) MINUTES OF THE BOARD OF SUPERVISORS ON THE
AYES: NOES: DATE SHOWN.
ABSENT: ABSTAIN:
Contact:
:\N
G �J
:\NPDES\FORMS\Contracts B0\Board Order Form.doc ATTESTED W f'i� �vi
JOHN CULLEN,CLERK OF THE BOARD OF
SUPERVISORS
cc:
BY: 'DEPUTY
SUBJECT: APPROVE contract with Dan Cloak Environmental Consulting, in the amount of$111,000 for
4he period July 1, 2006 through June 30, 2007, Countywide. (Cities and County Stormwater
Utility Fee Assessment Funds) (All Districts)Project No. 7519 6x7102
DATE: June 20, 2006
PAGE: 2 of 2
FISCAL IMPACT:
The cost is estimated to be$25,000;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 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.
CONSEQUENCES OF NEGATIVE ACTION:
If the consulting services agreement with Dan Cloak Environmental Consulting is not approved, then all
municipalities may 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: Dan Cloak Environmental Consulting
1824 Prince Street
Berkeley CA 94703-2462
(c) Project Name, Number, & Location: NPDES Compliance Assistance; Project No.: 7519 6x7102
(d) Effective Date:July 1,2006 (e) Payment Limit(s): $111,000
(f) Completion Date(s): June 30, 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 (Des' . is capacity in the business Type of Business:
sole proprietorshi , government agency, partnership, corporation, etc.)
If Corporation, State of Incorporation:
By: 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 ACKNOWLEDGMENT
State of California )
ss.
County of I avvte )
On the date written below, before me, the undersigned Notary Public, personally appeared the personal signing above for
Consultant,personally known to me(or proved to me on the basis of satisfactory evidence)to be the personKwho name(<-
is subscribed to the within instrument and acknowledged to me that�ie i y'executed the same i hi ew
authorized capacity(.i®s), and that by�iy's`l the*signatureK on the instrument the personl , or the entity upon ehalf of
which the person(,s'J acted, executed the instrument.
WITNESS my ha d and official seal. }
Dated: '� a `
o Public
(Notary's Seal) : JACOB MENOUGH
COMM. # 1505245 =
°- NOTARY PUBLIC-CALIFORNIA m
_ Amm.Ex COUNTY
My Comm.Exp.Aug.3,2008 I
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)Professional
Liability Insurance with minimum coverage of $1,000,000 and a maximum deductible of $ 250,000; 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
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 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.Public Agency
will pay withheld funds in accordance with the requirements of Civil Code Section 3320 as applicable.A retention will
not be withheld for any"on-call"work.
16. Termination by Public Agency.At its option,Public Agency shall have the right to terminate this Agreement at any time
by written notice to Consultant,whether or not Consultant is then in default. Upon such termination,Consultant shall,
without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this
Agreement, and shall be paid, without duplication, all amounts due for the services rendered up to the date of
termination.
17. Abandonment by Consultant. In the event the Consultant ceases performing services under this Agreement or
otherwise abandons the project prior to completing all of the services described in this Agreement, Consultant shall,
without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this
Agreement, and shall be paid for the reasonable value of the services performed up to the time of cessation or
abandonment, less a deduction for any damages or additional expenses which Public Agency incurs as a result of
such cessation or abandonment.
18. Breach. In the event that Consultant fails to perform any of the services described in this Agreement or otherwise
breaches this Agreement, Public Agency shall have the right to pursue all remedies provided by law or equity. Any
disputes relating to the performance of this Agreement shall not be subject to non-judicial arbitration. Any litigation
involving this Agreement or relating to the work shall be brought in Contra Costa County, and Consultant hereby
waives the removal provisions of Code of Civil Procedure Section 394.
19. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable laws, statutes,
ordinances, rules and regulations, whether federal, state, or local in origin.This includes compliance with prevailing
wage rates and their payment in accordance with California Labor Code, Section 1775.
20. Assignment. This Agreement shall not be assignable or transferable in whole or in part by Consultant, whether
voluntarily,by operation of law or otherwise;provided,however,that Consultant shall have the right to 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.
21 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.
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.
t
24. Indemnification. Consultant shall indemnify, defend, save, protect, and hold harmless Public Agency, its governing
body, officers, employees, representatives, and agents ("Indemnitees") from any and all demands, losses, claims,
costs,suits, liabilities,and expenses for any damage,injury,or death(collectively"Liability')arising directly or indirectly
from or connected with the services provided hereunder which is caused,or claimed or alleged to be caused, in whole
or in part, by the negligence or willful misconduct of Consultant, its officers, employees, agents, contractors,
subconsultants,or any persons under its direction or control and shall make good to and reimburse Indemnitees for any
expenditures, including reasonable attorneys'fees and costs, the Indemnitees may make by reason of such matters
and , if requested by any of the Indemnitees,shall defend any such suits at the sole cost and expense of Consultant.
Consultant's obligations under this section shall exist regardless of concurrent negligence or willful misconduct on the
part of the Public Agency or any other person; provided, however, that Consultant shall not be required to indemnify
Indemnitees for the proportion of liability a court determines is attributable to the negligence or willful misconduct of the
Public Agency,its governing body,officers,or employees. This indemnification clause shall survive the termination or
expiration of this Agreement.
25. Heirs. Successors and Assigns. Except as provided otherwise in Section 20 above,this Agreement shall inure to the
benefit of and bind the heirs, successors, executors, personal representatives, and assigns of the parties.
26. Public Endorsements. Consultant shall not in its capacity as a Consultant with Public Agency publicly endorse or
oppose the use of any particular brand name or commercial product without the prior approval of the Public Agency's
governing board. In its Public Agency Consultant capacity, Consultant shall not publicly attribute qualities or lack of
qualities to a particular brand name or commercial product in the absence of a well-established and widely accepted
scientific basis for such claims or without the prior approval of the Public Agency's governing board. In its Public
Agency Consultant capacity,Consultant shall not participate or appear in any commercially-produced advertisements
designed to promote a particular brand name or commercial product, even if Consultant is not publicly endorsing a
product,as long as the Consultant's presence in the advertisement can reasonably be interpreted as an endorsement
of the product by or on behalf of Public Agency. Notwithstanding the foregoing,Consultant may express its views on
products to other Consultants,the Public 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.
27. Proiect Personnel. In performing the services under this Agreement, Consultant shall use the personnel listed in
Appendix C, attached hereto and made a part hereof by this reference. Changes in project personnel may only be
made with Public Agency's written consent,and Consultant shall notify Public Agency in writing at least thirty(30)days
in advance of any proposed change. Any person proposed as a replacement shall possess training,experience and
credentials comparable to those of the person being replaced.
28. Disadvantaged Business Enterprise(DBE)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.
29. 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,Appendix C
Form approved by County Counsel(11/00)
G:\GrpData\NPDES\BO_Res_Contracts_Agmt\Dan Cloak Environ.Consult\Dan Cloak CSA.doc
Appendix "All
Dan Cloak Environmental Consulting
Contra Costa Clean Water Program
Scope of Services for
NPDES Compliance Assistance
1. Background
I. California Regional Water Quality Control Board (Water Board) Order 99-058
reissued a stormwater NPDES permit to the Contra Costa Clean Water Program
(Program) and its Co-permittees. Water Board Order R2-2003-002 amended the
permit and added "C.3" Provisions, which require the CCCWP Co-Permittees to
implement additional measures to control pollutants from new and
redevelopment.
11. From November 2003 through June 2006, under previous contracts, Dan Cloak
Environmental Consulting has assisted Program staff and Co-Permittee Work
Groups to implement of the C.3 Provisions. '
III. This Scope of Services describes the tasks, budgets, deliverables, and schedule
for services that Dan Cloak Environmental Consulting will provide to continue to
assist the CCCWP to implement the C.3 Provisions, as well as other NPDES
requirements.
2. Services
Dan Cloak Environmental Consulting (Consultant) will provide the services and
deliverables described below. Services and deliverables will be provided timely as
required to meet compliance deadlines and the needs of the Program. It is estimated
that this will require approximately 60-80 hours per month.
I. Committee and Work Group Facilitation and Documentation
A. As directed by Program staff, and within the budget, Consultant shall assist
standing Co-Permittee Work Groups and ad-hoc committees or work groups to
coordinate various aspects of stormwater NPDES compliance.
B. Consultant's assistance may consist of one or more of the following:
1. Attendance at meetings
2. Preparation of agendas
3. Preparation of memoranda for discussion
4. Presentations
5. In-person facilitation
6. Preparation of meeting summaries or records of decisions made
7. Other assistance as required
1824 PRINCE STREET e BERKELEY, CA 94703 4 510-845-5109 e DANfo�DANQL0AK.C(Dtv1
II. C.3 Technical Assistance
As directed by agency staff, and within the budget, Consultant shall assist the
agency with technical requirements related to NPDES compliance. Assistance may
include research; preparation of scopes of work, work plans, budgets, and requests
for proposals; review of technical reports or other submittals prepared by agency
staff or contractors; technical analysis, data analysis, policy analysis, and
compilation of technical material; drafting of policies and procedures; liaison with
other public agencies including regulatory agencies; development of outreach and
educational materials; and preparation of forms, checklists, technical reports,
literature reviews, guidelines, standards, guidance manuals, revisions to
Performance Standards, model programs, and similar documents as may be
required for implementation of the NPDES permit provisions. Specific work products
are to be identified by agency staff. Assistance may include the following specific
items, to be selected and conducted in coordination with agency staff and Work
Groups:
A. Provision C.3.a., Performance Standard Implementation
1. Coordinate with the Mosquito and Vector Control District (MVCD).
2. Develop a procedure for logging information about treatment BMPs,
maintaining a database of treatment BMPs, and providing information to
MVCD.
3. Develop or adapt educational materials for operating and maintaining
stormwater treatment facilities to reduce the potential for vector problems.
4. Advise municipalities and develop guidance regarding coordination of C.3
implementation with pre-C.3 Performance Standards for New Development.
B. Provision C.3.b, Development Project Approval Process
1. Prepare additional revisions and updates to the Program's Stormwater C.3
Guidebook and appendices as new techniques are developed and/or as
regulatory requirements change.
2. Develop and document a process of continuous improvement of the
Program's C.3 implementation. Assist Co-permittees to integrate the
Stormwater C.3 Guidebook into development review processes.
3. Plan and implement additional outreach, including workshops and fact
sheets, to present and explain the CCCWP's C.3 implementation approach to
community leaders.
4. Assist municipalities, as a group, to integrate C.3 requirements and review
procedures into their development review process.
5. Assist with preparation of additional example Stormwater Control Plans.
C. Provision C.3.c., Applicable Projects
1. Complete additional changes to the Stormwater C.3 Guidebook to implement
Group 2 projects (projects that create or replace 10,000 square feet or more
of impervious area) in preparation for the 15 August 2006 Group 2 start
date.
A-2
Contra Costa County Number
Standard Form M-1
Revised 2002
QUESTIONNAIRE FOR DETERMINING
INDEPENDENT CONTRACTOR STATUS AND PAYMENT METHOD
All new or renewed independent contractors that do not meet IRS or other legal criteria for
independent contractor status must be paid through the payroll system so that employment,
disability and Social Security taxes can be withheld by the County. Please complete the
following questionnaire for each self-employed individual with whom you intend to contract.
(Note: this form does not apply to contracts with corporations, temporary help agencies,
partnerships or established businesses with Taxpayer Identification numbers).
For completion by Department Head or Authorized Designee.
Yes No
1. Do I, as the employer, have the right to control the hours, ❑
place-and manner of, and means by which the work will be done?
2. Am I setting the independent contractor's hours? ❑
3. Is the independent contractor restricted from providing ❑ [-
services to other businesses or entities while working for the
County?
4. Do I or other departments have employee(s) with similar ❑ D'-
duties as the independent contractor?
5. Does the County supply assistants to the independent ❑
contractor?
6. Does the County furnish training, tools, equipment or place of ❑ ��
work to the independent contractor?
7. Is the individual prohibited from subcontracting out his or her ❑
services (as opposed to performing them personally)?
A "yes"answer to any of the above questions will require paying the contractor through
the payroll system.
CONTRACTOR APPROVAL: PREPARED BY:
I certify that the answers to the above questions Q D
accurately reflect my anticipat
working rela ' th
-,REVIEWED AND APPROVED BY:
X l
C ntractor's signature
Departmen ead or� Designee
X
Contractor's Name(printed)
Form M-1 (Page 1 of 1)
2. Prepare additional guidance for implementing stormwater treatment BMPs
on roadway and other capital improvement projects, including assistance
with example projects.
D. Provision C.3.d., Numeric Sizing Criteria
1. In an update to the Stormwater C.3 Guidebook, integrate the presentation of
IMP sizing criteria and design procedures for water-quality and hydrograph
modification management following Water Board approval of the Program's
Hydrograph Modification Management Plan (HMP).
2. Develop further guidance on the use of"self-retaining areas" and
troubleshoot implementation.
3. Develop and compile additional guidance for design of swales, planter boxes,
and other Integrated Management Practices.
4. Assist with changes to policy or design guidance in response to the
Municipal Regional Permit discussions initiated by Water Board staff.
E. Provision C.3.e., Operation and Maintenance of Treatment BMPs
1. Develop additional model stormwater treatment facility operation and
maintenance plans to be incorporated into an appendix to the Stormwater
C.3 Guidebook.
2. Develop guidance for and assist in development of Co-permittee O&M
verification programs, including tracking stormwater facility status,
prioritizing inspections, and reporting verification activities.
F. Provision C.31, Hydrograph Modification Management Plan
1. Assist CCCWP staff and consultants to respond to additional Water Board
comments on the 15 May 2005 HMP submittal and assist with preparation
of revisions to the HMP if necessary.
2. Integrate guidance on hydrograph modification management measures into
an updated Program's Stormwater C.3'Guidebook.
3. Coordinate with the C.3 Work Groups to assist Co-permittees to incorporate
HMP requirements into local approval processes.
G. Provision C.3.g., Alternative Compliance and Compensatory Mitigation Program
1. Assist municipal staff to evaluate and apply options available under
Provision C.3.g.
2. Review and propose modifications to Annual Report forms and content lists
to incorporate C.3.g reporting requirements.
3. Develop guidance and a model reporting form for logging information on
projects granted alternative compliance or an exemption.
H. (No assistance anticipated for Provision C.3.h: Alternative Certification of
Adherence to Design Criteria for Stormwater Treatment Measures.)
A-3
I. Participate in discussions with Water Board staff, and research and present
information on potential groundwater contamination due to stormwater
infiltration. If necessary, prepare appropriate changes to the Stormwater C3
Guidebook.
J. Provision C.3.j., Site Design Measures Guidance and Standards Development
1. If needed, assist the Program to respond to Water Board comments on the
Program's 15 November 2004 Provision C.3.j submittal.
2. Conduct research and provide technical advice as requested regarding
specific proposed site design measures and standards. Assist in the
development of engineering standards to facilitate implementation of site
design and treatment BMPs.
K. Provision C.3.k, Source Control Measures Guidance Development
1. If needed, assist the Program to respond to Water Board comments on the
Program's 15 August 2004 Provision C.3.k submittal.
2. If needed, assist the C.3 Planning and Permitting Work Group to revise and
update the Program's list of Source Control Measures (Appendix E in the
Stormwater C.3 Guidebook).
L. Provision C.3.1, Update General Plans
1. Compile example General Plan policies and implementation measures to
assist municipalities in their review and update of General Plans.
M. (No assistance anticipated for Provision C.3.m, Water Quality Review Processes)
N. Provision C.3.n., Reporting Assistance
1. Modify the Annual Report forms and contents list to incorporate C.3
reporting requirements.
2. Prepare a memorandum listing and describing data to be collected and
recommendations for data management.
3. Assist in the compilation and summary of municipal implementation of C.3
requirements.
111. Other Technical Assistance
A. Assist the Program to develop measures of Program effectiveness. This task may
include:
1. Assisting Program staff and Work Groups to enhance and document the
Program's continuous improvement process.
2. Proposing methods to measure work effort (outputs) and results (outcomes)
by the Program and Co-permittees.
3. Proposing methods and systems to document and report outputs and
outcomes.
A-4
4. Proposing methods to communicate the effectiveness of the Program to
Water Board staff and to the public.
B. Independent Technical Review
1. As directed by Program staff, review draft submittals and other technical
documents prepared by Program staff or consultants.
C. Enhance Web Site Content
1. Assist Program staff to evaluate Program web site content and identify
additional existing information and documents that should be made
available on the web site.
2. Assist Program staff to develop systems and operating procedures to
regularly update the web site with new content.
3. Schedule
Services will be provided as directed by CCCWP staff, committees and work groups
between July 1, 2006 and June 30, 2007.
4. Budget
The not-to-exceed budget is $111,000. Services will be provided on an hourly basis, as
requested, up to the not-to-exceed limit.
A-5
Appendix "B"
Dan Cloak Environmental Consulting
A Sole Proprietorship
Fee Schedule
1. Professional Services
Charges are for any technical or related work necessary to perform the project. Tasks may
include environmental consulting, engineering, computer-related services, regulatory liaison,
and report preparation. Charges are in increments of one quarter-hour.
Dan Cloak, P.E. (Principal)................................................................................$130/hour
2. Direct Expenses
Subject to the approval of Program staff, consultant will be reimbursed for consultant's
actual expenses incurred in the provision of services, specifically:
Mileage directly related to services at the rate of 44.5¢ a mile;
• Copies: B/W 10¢/page, Color 25¢/page.
Payments under this provision shall not exceed$1,500.
1824 PRINCE STREET o BERKELEY, CA 94703 . 510-845-5109 •qAtj@QANCLOAK,COM
Appendix "C"
Dan Cloak Environmental Consulting
Project Personnel
Dan Cloak, P.E. ...................................... Principal
1824 PRINCE STREET BERKELEY, CA 94703 510-845-5109 CLAN(c�DAN�CLQAKCOM
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Form -9 Request for Taxpayer Give form to the
(Rev.January 2003) Identification Number and Certification requester. Do not
Department of the Treasury send to the IRS.
Internal Revenue Service
N Name Dan Cloak Environmental Consulting
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o Business name,if different from above
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o IndividuallExempt from backup
Check appropriate box: ® Sole proprietor ElCorporation ❑ Partnership El Other ► __________________ ❑ withholding
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A y Address(number,street,and apt.or suite no.) 1824 Prince Street Requester's name and address(optional)
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�= City,state,and ZIP code Berkeley, CA 94703-2462
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N List account number(s)here(optional)
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Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. For individuals,this is your social security number(SSN). social security number
However,for a resident alien,sole proprietor,or disregarded entity,see the Part I instructions on I I t I + I I
page 3.For other entities, it Is your employer identification number(EIN). If you do not have a number,
see How to get a TIN on page 3. or
Note:If the account is in more than one name,see the chart on page 4 for guidelines on whose number Employer identification number
to enter. 1811 0 151614 161618
FOM Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me),and
2. 1 am not subject to backup withholding because: (a)I am exempt from backup withholding,or(b)I have not been notified by the Internal
Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends, or(c)the IRS has
notified me that I am no longer subject to backup withholding, and
3. 1 am a U.S, person(including a U.S. resident alien).
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax return, For real estate transactions, item 2 does not apply.
For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement
arrangement(IRA), and generally,payments other than interest and dividends,you are not required to sign the Certification, but you must
provide your correct TIN.(See the instructions on paqe 4.)
Sign signature of - 23 Oct 2002
Here I U.S.person ► ' Date 111-
Purpose
Purpose of Form Nonresident alien who becomes a resident alien.
Generally, only a nonresident alien individual may use the
A person who is required to file an information return with terms of a tax treaty to reduce or eliminate U.S. tax on
the IRS, must obtain your correct taxpayer identification certain types of income, However, most tax treaties contain a
number(TIN)to report, for example, income paid to you, real provision known as a "saving clause." Exceptions specified
estate transactions, mortgage interest you paid, acquisition in the saving clause may permit an exemption from tax to
or abandonment of secured property, cancellation of debt, or continue for certain types of income even after the recipient
contributions you made to an IRA. has otherwise become a U.S. resident alien for tax purposes.
U.S.person. Use Form W-9 only if you are a U.S, person If you are a U.S, resident alien who is relying on an
(including a resident alien), to provide your correct TIN to the exception contained in the saving clause of a tax treaty to
person requesting it(the requester) and, when applicable, to: claim an exemption from U.S. tax on certain types of income,
1. Certify that the TIN you are giving is correct(or you are you must attach a statement that specifies the following five
waiting for a number to be issued), items:
2. Certify that you are not subject to backup withholding, 1.The treaty country. Generally, this must be the same
or treaty under which you claimed exemption from tax as a
3. Claim exemption from backup withholding if you are a nonresident alien.
U.S. exempt payee. 2.The treaty article addressing the income.
Note: If a requester gives you a form other than Form W-9 3.The article number(or location) in the tax treaty that
to request your TIN,you must use the requester's form if it is contains the saving clause and its exceptions.
substantially similar to this Form W-9. 4.The type and amount of income that qualifies for the
Foreign person. If you are a foreign person, use the exemption from tax.
appropriate Form W-8 (see Pub. 515, Withholding of Tax on 5. Sufficient facts to justify the exemption from tax under
Nonresident Aliens and Foreign Entities). the terms of the treaty article.
Cat.No.10231X Form W-9 (Rev.1-2003)