HomeMy WebLinkAboutMINUTES - 02062007 - C.116 C'
SEL
TO: BOARD OF SUPERVISORS Contra .M.
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FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR o. � s Costa
DATE: April 3, 2007 °os - cPtiti County
SUBJECT: On-call contract with The Auger Group, dba Clearwater Group for environmental site assessments
Project:No. Various
SPECIFIC REQUEST(S)OR R.ECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with The Auger
Group , dba Clearwater Group in the amount of$100,000 to provide on call environmental site assessments for
various County projects, for the period April 3, 2007 through February 28, 2009, Countywide.
FISCAL IMPACT:
There is no impact to the County General Fund. This project is funded by various projects.
CONTINUED ON ATTACHMENT: El SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
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SIGNATURE(S): aL:6t.�_14��
ACTION OF BOAVN O 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: _ ES: DATE SHOWN.
ABSENT: ABSTAIN:
Contact: Karen Laws
KAL:lad:ld
G:\RealProp\2007-Files\BOS&Res 07\Clearwater Group.Contract 3-07.doc ATTESTED -7
JOH CULLEN,CLERK OF THE BO RD OF
SUPERVISORS
cc: CAO
Auditor
PW.Acct. C
Clearwater Group BY: DEPUTY
SUBJECT: On-call contract with The Auger Group, dba Clearwater Group for environmental site
assessments,Project No. Various
DATE: April 3, 2007
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The Public Works Department is involved in various projects in the County which require environmental site
assessments for various County projects. After a solicitation process, this firm was selected to provide
environmental site assessment services on an"on-call"basis.
CONSEQUENCES OF NEGATIVE ACTION:
Negative action will result in the possible delay in completing projects requiring environmental site assessments in a
timely manner.
CONSULTING SERVICES AGREEMENT
1. Special Conditions. These Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa County Public Works Department
(b) Consultant's Name&Address: The Auger Group. Inc.. dba Clearwater Group
229 Tewksbury Ave.,
Pt. Richmond, CA 94801
(c) Project Name, Number, &Location: On-Call Environmental Site Assessment Consultant Services
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(d) Effective Date:A4areh-45, 2007
(e) Payment Limit(s): $100,000
(f) Completion Date(s): February 28, 2009
2. Signatures. These signatures attest the parties' agreement hereto:
PUBLIC AGENCY CONSULTANT
By: Maurice M. Shiu
Public Works Director
Or Designee By: `VN a CE® ,
(Designate official Mpacity in the business Type of Business:
(sole proprietorship, government agency, partnership, corporation, etc
If Corporation, State of Incorporation: C.NUF.
«�►V . \nom,. . �Ta�p CE
By: By.
(D ign ficial capacity in the business)
13 13d
Note to Consultant: FOR CORPORATIONS,THE C TRACT M /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 bellow must be signed by a Notary Public.
ALL-PURPOSE ACKNOWLEDGMENT
State of California )
County of C� �_. f P,,)(—V(,q ss.
j
Ont rVl r�^Yj (LObefore me, 'T-4$1 AA S AC"TH , Notary Public,
personally appeared_ C (r ir�n`'� ► 1' J`�C 0
personally known 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/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.
W ISS my hand and official sea.
T_ rr° IAN M. SMITH
a COMM.#1516470 CpAi /1
C NOTARY PUBLIC-CALIFORNIA O
MARIN COUNTY
`ll _ My Comm.Expires Sept.30,2009 I N ry Public
r
(Notary's Seal)
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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; (b) Professional Liability Insurance with minimum coverage of
$1,000,000 and a maximum deductible of$25,000; and (c) 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$500,000 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, its 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 Com Ip etion. 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.
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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 agreed upon. 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 cornmencement 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.
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
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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. Project Personnel. In performing the services 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 the person being replaced.
G:1RealProp\Dalziel\Contracts\Draft Enviro CSA-Clearwater 1-07.doc
Attachments:Appendix A and Appendix B
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APPENDIX A
SCOPE OF SERVICES
General Description
This Agreement will provide on-call environmental site assessment services for a variety of county
projects. This Agreement is between The Auger Group, Inc., dba Clearwater Group (Consultant) and
Contra Costa County (County).
Contra Costa County constructs a variety of projects ranging from maintenance of road, airport, and flood
control infrastructure to the construction of major capital improvements. The County also reviews plans,
calculations and specifications for road related and drainage structures to be installed by third parties
(i.e., developers).
On an on-call basis the Consultant will provide environmental site assessment services for a wide variety
of County projects. The County will contact the consultant when the need for services arises and request
the Consultant's services. The Consultant reserves the right to decline the request. If the Consultant
accepts the request, the Consultant shall provide the County with a written scope of work, proposed cost
breakdown for performing the work, and a schedule for performing/completing the work. Once the
County agrees to the cost proposal and timeframe proposed by the Consultant, the County will issue a
Notice to Proceed work authorization. The proposal shall be delivered to the Public Works Department,
Real Property Division at 255 Glacier Drive in Martinez. The Consultant may submit invoices upon
completion of the project, or monthly, if the project takes more than one month to complete.
Below is a description of the range of typical tasks and services that may be requested from the
Consultant.
Typical Tasks of the Consultant— Scope of Services
1. Assessment— Phase 1
(a) Provide an evaluation of site history and present environmental conditions based on visual
observation during site visit, preliminary data review and agency records review and
interviews. The Consultant will provide a written report that includes a description of the
findings, evaluation of site conditions potential liability associated with the site, and provide
recommendations for additional investigation, if required. Implementation of American
Society for Testing and Materials current standards is also required.
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2. Investigation — Phase 2
(a) Characterize the nature and evaluate the extent of potentially hazardous environmental
concerns identified in the assessment of the property. The investigation should include a
sampling program and analysis work. The investigation may include a combination of the
following tasks:
• Soil sampling and analysis
• Ground-water monitoring well installation
• Ground-water sampling and analysis
• Underground storage tank tightness testing
• Surface-water or effluent sampling and analysis
A report of the results and, if necessary a feasibility study should be presented.
3. Remedial Action — Phase 3 .
(a) Using the information collected, the Consultant will develop a remedial action and
implementation plans to assist in site mitigation.
4. Asbestos and Lead Based Paint Testing& Analysis
The Consultant will provide a written report that includes a summary of scope of work, summary of
field and analytical methodology, description of the findings, locations, laboratory analysis report,
quantities of all asbestos and lead materials. Implementation of American Society for Testing and
Materials current standards is also required. All work shall be performed in accordance with
OSHA, EPA and AHERA standards.
5. Other Technical Assistance
As directed by County staff, Consultant shall assist the County with technical assistance related to
environmental assessments. Assistance may include review of technical reports or other
submittals prepared by County staff or contractors; technical analysis, data analysis, and
compilation of technical material.
All reports shall be submitted to the Contra Costa County Public Works Department, Real Property
Division, 255 Glacier Drive, Martinez, CA 94553 on date and time specified in the notice to proceed for
each project.
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APPENDIX B
EXTRA WORK & PROJECT PERSONNEL
Consultant shall be paid for the extra work at a rate to be mutually agreed upon prior to commencement
of the extra work.
Personnel and Professional Services Rates
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y .
CLEARWATER GROUP
www.clearwatergroup.com Since 1990 CSLB#799370
229 Tewksbury Avenue,Point Richmond,CA 94801
Tel: 510-307-9943;Fax: 510-232-2823
Rates for Contra Costa County Public Works Department Real Property Division
Professional Services
Principal Scientist/Engineer: $145/hour
Project Manager/Senior Scientist/Engineer $120/hour
Associate Scientist/Engineer: $105/hour
Staff I Scientist/Engineer: $90/hour
Senior Environmental Technician: $80/hour
Environmental Technician: $70/hour
CAD Drafter: $65/hour
Clerical: $55/hour
Expert witness testimony/depositions surcharge: $125/hour
Overtime Surcharge: $35/hour
Materials & :Equipment Rate Schedule
Specialized Support Truck(flat bed, dump truck, box truck) $100/day
Mileage (normal pickup truck/van) $0.60/mi
Organic Vapor Meter(PID/FID) $100/day
Water Meter(Solinist, or other) $30/day
Meters (Hydac pH, cond., temp. or other) $30/day
YSI Meter(DQ, ORP, pH, cond., temp) $150/day
Survey Equipment $75/day
Data Logger $100/day
Air sampling pump $35/day
DO meter $100/day
ORP meter $100/day
Air flow meter $75/day
Humidity meter $55/day
Generator _ $55/day
Concrete Coring Machine $75/day
Hand Auger $30/day
Water Sampling Kit $25/day
Traffic Control (barricades, tape, cones) $50/day
Brass Tubes $6 each
EPA 5035SC Samplers (Soil) $6/each
Disposable Bailers $6 each
Locking Caps (Expansion) $20 each
Locks $5 each
Tedlar Bags $25 each
Visqueen rolls $75/each
55-gallon drum $55/drum
Drum disposal (Class 11 or 111), soils or water: $100/drum
GPS Equipment $500/day
Survey Equipment $150/day
This price list included the most commonly used items. Additional items are available, but not
listed. All outside costs are charged at cost plus 15% mark-up. 011707 USTCF