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HomeMy WebLinkAboutMINUTES - 06202006 - C.21 $� L TO: BOARD OF SUPERVISORS, AS GOVERNING Contra` ,�, BOARD OF THE FLOOD CONTROL&WATER CONSERVATION DISTRICT 0, = Costa S x, amm z FROM: MAURICE M. SHIU, CHIEF ENGINEER oos; c�~` County TA coirK'� J DATE: June 20, 2006 SUBJECT: APPROVE contract with Eisenberg, Olivieri &Associates, in the amount of$75,500 for the period July 1, 2006 through June 30, 2007, Countywide. (Cities and County Stormwater Utility Fee Assessment Funds) (All Districts) Project No. 7519 6x7055 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I i1 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 Eisenberg,Olivieri&Associates(EOA) in the amount not to exceed$75,500 for technical consulting services for the period July 1,2006 through June 30, 2007,Countywide(Cities and County Stormwater Utility Fee Assessments)(All Districts) Project No.7519 6x7055 CONTINUED ON ATTACHMENT: M SIGNAT RECOMMENDATION OF COUNTY ADMINISTRATOR 11960MMENDATION O OARD COMMITTE APPROVE OTHER SIGNATURE(S): - -; ACTION OF BOA N 0& 02",0 APPROVED AS RECOMMENDED V OTHER VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT / COPY OF AN ACTION TAKEN AND ENTERED ON Y UNANIMOUS(ABSENT C/ ) MINUTES OF THE BOARD OF SUPERVISORS ON THE AYES: NOES: DATE SHOWN. ABSENT: ABSTAIN: Contact: zz:zz ✓fit+7��'` O G:\NPDES\FORMS\Contracts_BO\Board Order Form.doc ATTESTED �I JOHN CULLEN,CLERK OF THE BOARD OF SUPERVISORS cc: BY: DEPUTY SUBJECT: APPROVE contract with Eisenberg, Olivieri &Associates, in the amount of$75,500 for the period July 1, 2006 through June 30, 2007, Countywide. (Cities and County Stormwater Utility Fee Assessment Funds) (All Districts) Project No. 7519 6x7055 DATE: June 20, 2006 PAGE: 2 of 2 FISCAL IMPACT: The cost is estimated to be$75,500; 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 F6, 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's Management Committee directs the Clean Water Program. The Committee is made-up of representatives from each of the nineteen(19) cities,the County, and the Flood Control District. The Management Committee has directed that important requirements of the Joint Municipal NPDES Permit,such as stormwater monitoring,conducting special studies and watershed assessments,be performed by the Program. Technical and project management services provided by Eisenberg,Olivieri&Associates are required to keep the Program in compliance. CONSEQUENCES OF NEGATIVE ACTION: If the consulting services agreement with Eisenberg,Olivieri &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 These Special Conditions are incorporated below byreference. (a) Public Agency: Contra Costa County Flood Control and Water Conservation District on behalf of the Contra Costa Clean Water Pro-gram (b) Consultant's Name&Address: Eisenberg, Olivied&Associates 1410 Jackson Street Oakland, CA 94612 � � (c) Project Name, Number, &L000Uon: Technical Consulting Services Project No. 7618Gx7O55 (d) Effective Date: July 1, 2006 (e) PaymankLimd(o): $75.500 (f) ComplehonOate(o): June 3O. 2O07 2. Signatures. These signatures attest the parties'agreement . PUBLIC AGENCY CONSULTMUT1 By: Maurice M. Shiu Public Works Director/ Chief Engineer, orDesignee (Designate official capacity in the business Type � (sole proprietorship, government agency, partnership,corporation,etc.) /~� If Corporation, State of|nco U �f7 (Designate official capa__E17—in—the business) Note to Consultant: For corporations, the contract must basigned bvtwo officers. The first signature mustbethotofthe chairman of the board, president, or vice-president; the second signature must be that of the secretary, euoistardmeoretary, chief financial officer,or assistant treasurer.(Civ.Code,Sec. 1190 and Corps.Code.Sec.313.)The acknowledgment below must be signed by Notary Public. CERTIFICATE OF ACKNOWLEDGMENT State ofCalifornia ) ) ss. County of Onthe date written below, before me, the undersigned Notary Public, personally appeared the peroon(o)signing above�r Consultant, personally known to me(�pmv�� �e basis of whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS myhand and official sae. Dated: '~�6> Notary POKC Seal) L My CA IFO;RLA3 NOTAAY PUBLIC-CALIF NLA / . 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 paymentsstated herein. � 5. Scope of Service. Scope ofservice shall beasdescribed in AppendixA\ attached hereto and made apart hereof by this reference. , 0. Report Disclosure Section.Any document or written report prepared hereunder by Consultant,or a subcontractor,for Public Agency shall oonbain, in o separate secUon, 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. I(e)exceeds$5,000.When multiple documents or written reports are the subject or productsmfthis agreement, the disclosure section may also contain a statement indicating that the total contract amount representscompensation for multiple documents orwritten reports. . 7. Insurance. Consultant shall, at no cost to Public Agency, obtain and maintain during the tonn hereof: (a)Workers' Compensation |noumsnoa pursuant to mbsby law; /b\ Pnzh*aaiona| Liabi|Uv Insurance with minimum coverage of $1.UOD.OUOand annaxinnurndeductible of$1OU.00 �and,(o)(�onnpnehen ^iveGeneral L/abi|Uv/nmunan . /nduding blanket non�actua/(or contractual|iabihty)coverage,broad form pnopmdvdonmagocoverage,and coverage for oxwled and non-owned vehidao.with amininmunncombined single limit coverage -of$1,OUO.00Ofor all damages due hnbodily injury,sickness or disease, or death to any person,and damage toproperty,including the loss ofuse thereof,arising out of each accident or occurrence, and naming Public Agency, Contra Costa Count( City of Antioch, City of Brentwood,City ofClayton,City ofConcord,Town ofDanville,City ofBCerrito,City ofHencu|��.City ofLa�0�Lafayette, of Martinez,Town of Moraga, City ofOakley, City ofOh d City ufPinole, City ofPittsburg, 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. O. Faymend. Public Agency shall pay Consultant for professional mervicemedotthe rates shown /nAopmndixB a�aohedhereto,vvhichin��udeoUoverhead and incidental expenses, rwh�hnoadd�ona|oonmpen ^mhaUbo allowed. Notwithstanding the foregoing, those incidental expenses specifically itemized in Appendix 8 oheU be reimbursable by Public Agency to Consultant,provided that Consultant submits copies of receipts and,if applicable,a detailed nni|oagm log to Public Agency. In no event shall the total amount paid to Consultant exceed the payment limit(s)specified in Sec. I(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 cabeoohem, hours and rates. Public Agency will pay consultant in aooumdonoe with the requirements of Civil Code Section 332Domapplicable. 8. Status. The Consultant is an independent contractor, an d shall not be considered an employee of Public Agency. 10. Time for Completion. UnlesstheUnmeioextandedinvvhUngbyPubUoAgancy, Conau(bantmhoUcornp|eteoUmervioan 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.Consultantshall prepare and deliver toPublic Agency t no additional charge,the items described|n Appendix Abodocument 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 o preliminary natuvo, such as ounxay noteo, uKeb:hma, preliminary p|onm, 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 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 ouchnasm�Umnmrabandonrneot. expensesAgency incurs as a resu' — 18. Breach. |nthe event that Consultant fails io perform any Vfthe services described inthis Agreement orotherwise breaches this Agreement, Public Age shall have the right topursue all remedies provided bvlaw orequity.Any disputes relating tothe performance mfthis Agreement shall not besubject hmnon-judicial arbitration. Any/d~ation involving this Agreement or relating to the work shall be brought /n Contra otoCmunb/. and Consultant hereby waives the removal provisions mfCode ofCivil Procedure Section 394. 18. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable |avvo, otagutao, 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 port by Consultant, whether voluntarily,b rabmnof/avvorothanw�e;provdad.hovmove�that<�onsu|bantohoUhovether'-htbosub-oomtoantthat portion of the services for which Consultant does not have the facilities to perform so long as Consultant notifies Public Agencyf h b o such subcontracting 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.Consultantsha||endoraaa||p(anm.spacifioations.motin*abes.n*podaandotherdernademchbed in Appendix A prior to delivering them to Public Agency,and where appropriate, indicate his/her registration number. 23. Patents and Copyrights.The issuanceofopahmntornopyriQhttoConou|bantormnyoiherpe/monohaUnotafhaotPub|io Agency's rights tothe materials and records prepared orobtained inthe performance ofthis Agreement.Public Aoanny rasan/eoa |ioenseboumemuchnnatario|sondnaoordsvvithoutneutricUonor||nnitotion. ondPub|icAoenoynhoUnot- be required topay any add�iona|fee orroyalty for such materials orrecords.The license reserved by -Public Agency shall continue for aperiod offifty years from the date o{execution ofthis Agreement,unless extended bvopenaUonoflaw 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 OffiGers, 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 wfllful misconduct on the part of the Public Agency or any other person; provided, however, that Consultant shall not be -`-'-- - ----` ----''--- '~ -~r~r~ ~~'~ '~~''y=""=`"e"" "'"==",a" b"^avewuu,/ egligencem willful misconduct of the Public Agency, its governing body,officers,or employees. This indemnification clause shall survive the termination orexpiration ofthis 25. Heirs,Successors and Assigns. Except as provided otherwise inSection 20above,this Agreement shall inure bothe benefit mrand omo the heirs, suuceomona, exeoutora, personal repnasentaUvam, and assigns of the parties. 26. neukant ohnU not in its capacity as o Consultant with Public Agency publicly� endoroe 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 pnodumt, 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 pmmducbmbootherConmu|bonta,thePub|ioAQenov'sgovorningboand. ibouffim*na,orothmravvhonnoybeauthmhz»dby the Public Agency's governing board orbvlaw toreceive such views. 27. Proiect Personnel. /n performing the sonionm under this Agreement, Consultant shall use the personnel listed in Appendix C' attached hereto and made apart hereof bvthis reference. Changes inproject personnel may onlybo made with Public Agency's written consent,and Consultant shall notify Public Agency inwriting atleast thirty( >daym inadvance ofany proposed change. Any person proposed aoareplacement s.eUpossess bh oining.exp� n ' and credentials comparable tothose ofthe person being replaced. 28. Disadvantaged Business Enterprise(DBE)Requirements(Federal aid Proiects 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 ^=p"'a="" int"=this Agreement "y reference. u/ mdwuv//, in pe.m/mmQ 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 � Appendix attached tothis Agreement. The Consultant shall not substitute olisted DBE atany time ordecrease the amount to be paid to a listed DBE without the advance,written consent of the Public Agency. |falisted DBE iaproposed bobm replaced, Consultant shall make a good faith effort to replace the original DBE with another DBE and shall submit to Public Agency written documentation ofsuch effort. / 29. Federal Cost Principles and Procedures (Federal aid Droiects 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-1 10, 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; Form approved by County Counsel(111/00) over 25000.doo � Appendix "A" Contra Costa Clean Water Program NPDES Compliance Scope of Work Fiscal Year 2006/2007 Monitoring Program and Special Study Management Services 1. BACKGROUND Consultant has provided technical and project management support services to the Contra Costa Clean Water Program (Program) from Fiscal Year (FY) 2002/2003 to FY 2005/2006. This scope of work describes proposed tasks, budgets, and the schedule consultant will follow to provide technical and project management support services to the Program related its current Joint Municipal NPDES Permits (CA0029912 & CA 0083313) and Municipal Regional Permit (MRP), which is anticipated to be adopted by the San Francisco Bay Regional Water Quality Control Board in FY 2006/2007. 2. PROPOSED TASKS Consultant will perform the tasks identified as 1.0 through 11.00 subject to the payment limit, as described in Table A, attached. 3. SCHEDULE AND DELIVERABLES Consultant will produce all deliverables in accordance with the schedule described in Table A. 4. BUDGET Consultant will perform all tasks in accordance with the budget in Table B. Without prior approval of Program staff, costs for the tasks identified in Table A will not exceed the budgeted amounts. 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Work tasks include geologic and environmental consulting, engineering and computer services, regulatory liaison, and report preparation. Personnel rates are as follows: Personnel Category Hourly Rate Principal $197 Managing Engineer/Scientist 111 $186 Managing Engineer/Scientist 11 $176 Managing Engineer/Scientist 1 $166 Senior Engineer/Scientist III — Project Leader $152 Senior Engineer/Scientist 11 $140 Senior Engineer/Scientist 1 $126 Associate Engineer/Scientist 11 $117 Associate Engineer/Scientist 1 $ 96 Technician $ 78 Clerical/Computer Data Entry $ 56 Charges for professional services are in increments of one quarter-hour. 2. OUTSIDE DIRECT EXPENSES Subject to approval of Program staff, consultant will be reimbursed for expenses related to the provision of services under this contract. Specifically, consultant will be reimbursed for mileage directly related to services at a rate of 44.50 a mile and copies .100/each. Consultant will be reimbursed for the direct cost, plus 10%, not to exceed $5,000. 1410 Jackson Street a Oakland, CA 94612 - tel: (510) 832-2852 * fax:,(510) 832-2856 Appendix "C Project Personnel and Classifications Name Classification Chris Sommers Managing Engineer/Scientist I Adam Olivieri Principal Fred Jarvis Managing Engineer/Scientist III Jon Konnan Senior Engineer/Scientist III Paul Randall Senior Engineer/Scientist II John Fusco Senior Engineer/Scientist III Quan Lu Associate Scientist I Melissa Morgan Clerical/Computer Data Entry Lucy Buchan Senior Engineer/Scientist II Den Thap Associate Scientist I William Lin Senior Engineer/Scientist I