HomeMy WebLinkAboutMINUTES - 08161994 - 1.1 (2) TO: • BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: August 16, 1994
SUBJECT: State Route 4 - Consulting Services Agreement with LSA Associates Inc.
Project No.: 4660-6X4124-93
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
1. Recommended Action:
APPROVE and AUTHORIZE the Public Works Director to execute the Consulting Services
Agreement with LSA Associates Inc. (LSA) in the amount of$509,000 for wetland mitigation for
the State Route 4/Willow Pass Grade Lowering Project and the Bailey Road Interchange Project
in the Bay Point Area.
II. Financial Impact:
There will be no impact to the County General Fund. The Contra Costa Transportation Authority
(CCTA) will fund 100% of the work.
III. Reasons for Recommendations and Background:
As a result of the construction of the State Route 4/Willow Pass Grade Widening and Lowering
Project and the Bailey Road Interchange Project existing wetlands were filled. Prior to
advertising the projects, permits from the Army Corps of Engineers, the Department of Fish and
Game and the Regional Water Quality Control Board, were required. As part of the permitting,
Wetland Mitigation and Monitoring Plans dated February 1992 and June 11, 1993 were approved
by the above noted regulatory agencies.
At the request of Caltrans and CCTA, the County, as lead agency, interviewed several firms and
selected LSA to do the work. The County will direct and manage the work by LSA to be in
r '
Continued on Attachment: X SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
RECOMMENDATION OF BOARD COMMITTEE
_APPROVE _OTHER
SIGNATURE(S):
ACTION OF BOARD ON AUG 16 1994 APPROVED AS RECOMMENDED V OTHER
V0TF�0F SUPERVISORS
✓/ UNANIMOUS (ABSENT 1
AYES: NOES:
ABSENT: ABSTAIN: 1 hereby certify that this is a true and con�ectcopyot
anBoardroof g en and entered on etthe m�nutas of the
RVF:eh:mg ALUM. 1yg4 _
c:B03621.t8 PHIL BATCHELOR Berk of the BoardOf Supervisors and cviy Admin)stretor
Orig. Div: Public Works (TE)
Contact: Bob Faraone, Tel. 313-2252 ay- � Deputy
cc: See Page 2
State'Route 4 - Consulting Services Agreement with LSA Associates Inc.
August 16, 1994
Page 2
III. Reasons for Recommendations and Background: (Continue)
conformance and in compliance with the Wetland Mitigation and Monitoring Plan. LSA will
establish and monitor the vegetation at three separate sites. Two of the sites will be monitored
for five years and the other will be monitored for ten years.
LSA has agreed to meet or exceed the Disadvantaged Business Enterprise (DBE) goal
established for the project.
IV. Consequences of Negative Action:
Should this contract not be approved, requirements of the regulatory agencies"permits would
not be met and Contra Costa County would be in non-compliance. All work would be stopped
on the State Route 4 projects.
cc: Auditor/Controller
R. Gilchrist, Accounting
LSA
P. Maxwell, CCTA
J. Tousey, BARTD
V. Germany, Design
1>
i • /-��
CONSULTING SERVICES AGREEMENT
1. Special Conditions. These Special Conditions are incorporated below by reference.
(a) Public Agency: _ Contra Costa County
(b) Consultant's Name & Address: LSA Associates. Inc
157 Park Place
Point Richmond. Ca 94801
(c) Project Name, Number & Location: Highway 4:Wetland Monitoring; 4660-6X4124-93; Between Willow Pass Road Concord and
1000 Ft east of Bailey Road.
(d) Effective Date: November 15, 1993 (e) Payment Limit(s): $ 509,000.
(f) Completion Date(s): November 15, 2003
(g) Federal Taxpayer's I.D. or Social Security Number: 94-234-1614
2. Signatures. These signatures attest the parties' agreement hereto:
PUBLIC AGENCY CONSULTANT
By: J. Michael Watford
Public Works Director/ By:
Chief Engineer (Designate official capacity in the business)
Type of Business (sole proprietorship,
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 ACKNOWLEDGEMENT
State of California )
ss.
County of )
On the date written below, before me, the undersigned Notary Public, personally appeared the person(s) signing above for Consultant,
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(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 my hand and official seal.
Dated:
Notary Public
(Notary's Seal)
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 subcontracts 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 $ 100,000 ; 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 $ 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 Transportation Authority, Bay Area Rapid Transit District , 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 limits) 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. Payment will
be made within thirty (30) days after receipt of each statement.
9. Status. The Consultant is an independent contractor, and shall,not be considered an employee of Public Agency.
10. Time for CgMtetion. 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. The retention will be periodically released, with the approval of the Public Agency's
authorized representative. The funds can be released after certain portions of the work are completed, the appropriate
billings have been received and approved by the Public Agency and the Public Agency has found the work to be complete and
accurate. Payment of withheld funds will be made within thirty (30) days of approval of appropriate billing by Public Works
Accounting Division.
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.
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 tong 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. 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.
22. 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.
23. Indemnification. Consultant shall defend, indemnify, save and hold harmless Public Agency, Contra Costa Transportation
Authority. gay Area Rapid Transit District , its/their governing bodies, officers and employees from any and all claims, costs
and liability for any damages, injury or death arising directly or indirectly from, or connected with, the services provided
hereunder and due to, or claimed or alleged to be due to, negligence or willful misconduct of Consultant, its officers,
employees, agents, subconsultants, or any person under its direction or control, save and except claims or litigation arising
through the sole negligence or sole willful misconduct of Public Agency, and will make good to and reimburse the indemnitees
for any expenditures, including reasonable attorney's fees, the indemnitees may make by reason of such matters and, if
requested by any of the indemnitees, will defend any such suits at the sole cost and expense of Consultant.
24. 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.
25. Public Endorsements. Contractor shall not in its capacity as a contractor 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 Contractor capacity, Contractor 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 ctaims or without the prior approval of the Public Agency's governing board. In its Public Agency contractor capacity,
Contractor shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand
name or commercial product, even if Contractor is not publicly endorsing a product, as tong as the Contractor'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, Contractor may express its views on products to other contractors, the Public Agency's
governing board, its officers, or others who may be authorized by the Public Agency's governing board or by taw to receive
such views.
26. 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.
Attachments: Appendix A, Appendix B, Appendix C
Form approved by County Counsel (#15 revised)
g:LSA-2.CSA
RVF: July 28, 1994
APPENDIX A
SCOPE OF SERVICE
LSA Associates, Inc. (LSA) shall provide full and complete wetland mitigation and on-
going monitoring in accordance with the scope of service described in this agreement
for the wetland mitigation plans and the riparian monitoring plan in connection with the
State Route 4/13ailey Road Interchange Project, near and in Pittsburg, and the State
Route 4/Willow Pass Road Grade Lowering and Widening Project near Bay Point
(formerly West Pittsburg), Contra Costa County, California.
1. DESCRIPTION OF WORK TO BE DONE (SCOPE OF SERVICE):
The Public Agency hereby employs LSA, and LSA accepts such employment, to
perform the professional services described herein, upon the terms and in
consideration of the payments stated in the Consulting Services Agreement and
Appendix B for wetland mitigation and riparian monitoring services.
2. LSA SERVICES:
LSA shall install required plantings, determine and install transects and shall
implement, and provide on-going monitoring for wetland mitigation plans at the
following locations:
A. State Route 4/Willow Pass Grade - Basin A
The mitigation site consists of three components: a sedimentation basin; a lower,
expansive wetland basin; and an upper riparian basin. An inlet structure will direct
runoff into the sedimentation basin before entering the adjacent lower wetland basin. A
sedimentation weir will separate the detention basin from the lower wetland basin.
Water will flow through the sedimentation basin to the lower wetland area (2.5 acres),
and to the outlet structure. Runoff from the south side of the highway will drain into the
upper riparian basin, which will spill into the sedimentation basin.
This design and water regime will facilitate environmental conditions to promote the
growth of Olney's bulrush, water-cress, brass buttons, Baltic rush, water smartweed,
and water plantain. Willow and cottonwoods are to be planted in selected areas to
create a multistory habitat and as-built drawings will be prepared. An investigation of
water delivery systems may be performed. LSA will maintain the site by weeding and
removing trash. Three site visits (spring, early fall, and winter) with LSA and County
will be conducted to discuss any maintenance concerns and to collect seed of target
herbaceous species to use for future broadcasting.
LSA Associates, Inc July 27, 1994
Scope of services
Appendix A (Continued)
A five (5) year monitoring program will be implemented to determine if the wetland
mitigation site is functioning as expected. In general, the focus of the monitoring
program will be to determine the areal extent of vegetation at the mitigation sites, as
well as the quality of the vegetation. LSA will propose performance standards based
on the amount of cover expected after five years of growth.
The project requires compliance with three performance standards:
1. Attainment of cover expected after five years.
2. Attainment of 2.5 acres of jurisdictional wetlands, which must be
determined by conducting a jurisdictional delineation.
3. A riparian area of 0.6 acres in size must be established.
Two permanent transects will be established perpendicular to a baseline transect to
quantify the colonization of volunteer plants. At regularly spaced intervals along the
transects, plant cover, species composition, and phenological state, and general vigor
will be evaluated. The areal extent of wetland and riparian vegetation will be
evaluated as well. Data will be collected by LSA once a year between June and
September over the five year monitoring period. Photographs will be provided to
support the observations.
LSA will collect baseline soils data for subsequent comparison at the end of the five
year monitoring period to determine whether soils have obtained hydric characteristics.
A wetland delineation analyzing hydrology, vegetation and soils, will be conducted only
at the end of the five (5) year monitoring period following the standard methodology
required by the Army Corps of Engineers.
In addition to the plant monitoring program, four wildlife utilization surveys per year will
be conducted focusing on breeding birds and noting all wildlife. Two surveys will be
conducted in mid March and two in late April for the five (5) year monitoring period.
LSA will monitor groundwater levels during the five (5) year monitoring period by
establishing one or more transects and installing four piezometers. Water level will be
recorded on a monthly basis. Ponding will be monitored by installing staff gages in the
upper and lower basins, and recording water levels on an bi-weekly to monthly basis
during the rainy season. Low flow rates will be monitored during the dry season on a
monthly basis by measuring inflow to and outflow from the basin. Sedimentation rates
will also be calculated by conducting surveys and using silt plates.
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LSA Associates, Inc July 27, 1994
Scope of services
Appendix A (Continued)
LSA will submit Annual reports to the Army Corps of Engineers in San Francisco after
review of the draft report by the County. The report will cover monitoring methods and
results over the five year monitoring period. _.
Major modifications or contingency measures may be needed. The consultant shall
submit a scope of work and cost estimates at the time the modifications or measures
are identified.
B. State Route 4/13ailey Road Interchange
A total of 1.192 acres of jurisdictional habitat would be created, restored, or ephanced
within a twelve acre parcel purchased for the mitigation site. In its present condition,
the mitigation site consists of disturbed and degraded wetland areas and adjacent
uplands. Three tributaries enter the wetland from the south, with the middle tributary
responsible for providing the only off-site water source.
Planting within the wetland will occur later in the fall of 1994, after the onset of the rainy
season. This approach will allow the mitigation site to begin functioning as quickly as
possible.
Initially, the basin's water level will be maintained at a maximum depth of four (4) feet,
conforming to the 87.5 foot contour. As-built drawings will be prepared. An
investigation of water delivery systems may be performed. LSA will maintain the site by
weeding and removing trash. Propagules will be collected to grow replacement
plantings. Three visits (spring, early fall, and winter) with LSA and the County will be
conducted to discuss any maintenance concerns and to collect seed of target
herbaceous species to use for future broadcasting.
Native wetland species will be hand-sown after the grading is completed and the soils
have been adequately prepared for seeding. Riparian trees will be planted in random
clumps along the basin edge. Additional plantings will occur in linear clumps along the
edges of the tributaries to mitigate for the linear habitat losses in some of the fill sites.
Riparian trees include willows, cottonwoods, and black walnuts. The walnuts will be
planted higher on the basin edges where drier conditions persist.
Once the plan is implemented, monitoring will occur during the first rainy season in
order to identify erosion problems, determine the status of germination or tree survival,
and document hydrological conditions.
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LSA Associates, Inc July 27, 1994
Scope of services
Appendix A (Continued)
Following the first year, annual monitoring will occur relative to the development of the
plant community, as well as the reliability of the site's hydrology. Hydrological
conditions, such as erosion, sedimentation, and ponding, will be monitored for a three
(3) year period including the first year.
Herbaceous plants will be monitored for five (5) years, while riparian tree species will
be monitored for a total of ten (10) years (but not annually after the initial five years).
Various annual performance standards, as well as the final target performance
standard are noted in the Mitigation Plan prepared by Woodward-Clyde Consultants
should be followed but revisions may be proposed. One known revision will be the
identification of a substitute method ( e.g., use of a tensiometer) for determinipg the
ability of roots to tap summer water rather than the use of a root probe.
Data collection, frequency of visits, and preparation of an annual report is similar to that
proposed for Basin A.
Major modifications or contingency measures may be needed. The consultant shall
submit a scope of work and cost estimates at the time the modifications or measures
are identified.
C. Unnamed Creek at Camino Andres/Riverside Drive
In December of 1992 and January of 1993, Contra Costa County received significant
rainfall which resulted in sediments, including some from roadway construction sites,
being deposited in an unnamed creek flowing between Camino Andres and Riverside
Drive. The sediments have been removed and plantings for riparian enhancement will
be installed.
Because the final success criterion is that there be no significant change in vegetation,
no additional short-term performance criteria have been established. Because we
anticipate no long-term effect to vegetation or wildlife habitat, we expect wildlife use of
the area to remain the same. Therefore, no wildlife surveys will be conducted. The
annual report will provide an overall assessment of changes, or lack of changes, in the
creek. If it is deemed that significant adverse changes have occurred, contingency
procedures will be initiated to determine whether these changes are due to
construction-related sediment deposition. These contingency measures are not part of
this scope of services.
Ten permanent transects will be placed in the creek bottom at various locations and
perpendicular to its axis. The ends of the transects will be permanently established
and marked on the project map. The purpose of the transects is to quantify the
regrowth of emergent herbaceous vegetation and the extent and health of the tree
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LSA Associates, Inc July 27, 1994
Scope of services
Appendix A (Continued)
canopy.
Photographs will be taken of each transect, from the same end, during each monitoring
visit using color print film in a 35mm camera equipped with a 35mm lens. This
technique will provide a visual record of vegetation recovery. In addition, video
photographs will be taken along the entire length of the creek.
Herbaceous vegetation in the creek bottom should be determined quantitatively using
the line intercept method. To determine the condition of the tree canopy, the midpoint
of each transect should be used as a photographic point. Vegetation surveys will be
performed during July or August for a five (5) year monitoring period.
Hydrology and water quality monitoring consist of inspecting erosion control facilities,
water quality sampling of stormwater runoff, and establishing creek survey transects
(four total). Water quality sampling (four locations; five events) and erosion control
facility inspections (monthly basis during the rainy season and following any extreme
storm event, five visits expected) will be conducted only during the road construction
period. A temporary staff gauge will be installed to allow determination of the flow rate
at times of water quality or vegetation sampling. Creek survey transects will be
resurveyed in Years 2 and 5.
3. PLAN MODIFICATION AND PROJECT MANAGEMENT
LSA will prepare a letter to the ACOE and DFG with the draft to be reviewed by the
County describing any proposed changes in the mitigation plans and rationale, and
coordinate meeting between vested parties. Based on the outcome of this meeting, a
revised letter will be submitted to the regulatory agencies. The letter outlining the
modifications will be reviewed by the County prior to sending it to the reglatory
agencies.
Project management consists of activities such as, administration, scheduling, sub-
consultant contracts, and Milestone Agreements.
4. AS-NEEDED TASKS
In addition to the tasks in Sections 2 and 3 above, other tasks may be required to
accomplish the overall intent of this Agreement. In the event such tasks are required,
they will be authorized in a Milestone Agreement issued in accordance with this
Consulting Services Agreement. Additional compensation or adjustment in scope will
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LSA Associates, Inc July 27, 1994
Scope of services
Appendix A (Continued)
be identified as part of the Milestone Agreement. Such As-Needed tasks may include,
but are not limited to the following:
A. Basin A
Irrigation design and installation; Irrigation applications (by truck); Coordinate outlet
maintenance; and Replacement plants.
B. Bailey Road
Irrigation design; Irrigation applications (by truck); Coordinate outlet maintenance;
Replacement plants ; coordinate firebreak maintenance; pre-construction meeting and
graphic; Soil moisture monitoring.
C. Project Management
Any additional meetings, other than those mentioned in the Scope of Services will be
billed on a time and expenses basis.
5. INDEFINITE QUANTITY
A. This is an indefinite quantity contract for the supplies and/or services specified,
and effective for the period stated in Section 1 (f) of the Consulting Services
Agreement. The Payment Limits specified in Section 1 (e) of the Consulting Services
Agreement is only an estimate.
B. Delivery or performance shall be made only as authorized by Milestone
Agreements issued in accordance with the Ordering clause, below. LSA shall furnish
to the Public Agency, when and if ordered, the supplies and/or services specified in the
Milestone Agreement. The aggregate cost for all Milestone Agreements issued shall
not exceed the Payment Limits specified in Section 1 (e) of the Consulting Services
Agreement.
C. Except for any limitations in Section I.B.,above, there is no limit on the number
of Milestone Agreements that may be issued. The Public Agency may issue Milestone
Agreements requiring delivery to multiple destinations or performance at multiple
locations.
D. All Milestone Agreements issued during the effective period of this contract shall
be completed by the LSA within the time specified in the Milestone Agreement.
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LSA Associates, Inc July 27, 1994
Scope of services
Appendix A (Continued)
6. ORDERING
A. Any supplies and/or services to be furnished under this contract shall be ordered
by issuance of a Milestone Agreement by the Public Agency. All Milestone Agreements
will be negotiated. Milestone Agreements may be issued from the effective date of the
contract specified in Section 1 (d) of the Consulting Services Agreement through
the Completion Date specified in Section 1 (f) of the Consulting Services Agreement.
B. All Milestone Agreements are subject to the terms and conditions of this
contract. In the event of conflict between a Milestone Agreement and this contract, the
contract shall control.
C. If mailed, a Milestone Agreement is considered "issued" when the Public Agency
deposits the Milestone Agreement in the mail.
D. For purposes of this clause, Robert V. Faraone or his designee shall sign
Milestone Agreements on behalf of the Public Agency.
7. STATEMENT OF WORK/SPECIFICATIONS
A. LSA shall furnish the necessary personnel, material, equipment, services, and
facilities (except as otherwise specified herein or in an individual Milestone
Agreement), to perform the Statement of Work Specifications as described in each
individual Milestone Agreement issued by Public Agency against this contract.
Milestone Agreements shall be issued in writing.
B. LSA shall respond to the Public Agency's review comments by modifying the
documents prepared by LSA as appropriate and, by preparing written memoranda
which respond to each question or comment if required. These memoranda shall be
submitted to the Public Agency within a reasonable time of receiving the Public
Agency's written review comments. If LSA anticipates the time required to submit the
memoranda will exceed two weeks, the LSA shall notify the Public Agency. If the time
period required to respond to the review comments jeopardizes LSA's ability to comply
with the Milestone Agreement schedule, LSA shall notify the Public Agency.
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LSA Associates, Inc July 27, 1994
Scope of services
Appendix A (Continued)
8. TIME OF DELIVERY
The Public Agency requires delivery to be made according to the schedule established
for and stated in each separate Milestone Agreement.
9. INSPECTION AND ACCEPTANCE
A. The Public Agency or the duly authorized representative will perform inspection
and acceptance of materials and services to be provided.
B. For the purposes of this clause Vickie Germany or her designee, is the,
authorized representative of the Public Agency.
10. LSA SERVICES AND CONSENT
LSA shall obtain the consent of the Public Agency prior to using any subconsultant and
key personnel on this contract.
rvf
Isa-a2 July 27, 1994
8
APPENDIX B
COMPENSATION, INVOICING AND PAYMENT
For the satisfactory performance and completion of the services and or provision of
supplies under this Consulting Services Agreement, Public Agency will pay LSA
compensation as set forth herein.
1. ELEMENTS OF COMPENSATION
Compensation for the services will be comprised of the following elements: A. DIRECT
LABOR COSTS, B. FEE, and C. ADDITIONAL DIRECT COSTS.
A. DIRECT LABOR COSTS
Direct Labor Costs shall be equal to the product of the Direct Salary Costs and the
Multipliers which are defined as follows:
1. Direct Salary Costs
Direct Salary Costs are the base salaries and wages actually paid to LSA's
personnel directly engaged in performance of the services under the Consulting
Services Agreement.
Direct Salary Rates shall be applicable to both straight time and overtime work,
unless payment of a premium for overtime work is required by law, regulation or
craft agreement, or is otherwise specified in this Consulting Services Agreement.
In such event, the premium portion of Direct Salary Costs will not be subject to
the Multiplier defined in paragraph 1.A.2 below or to the Fee defined in
paragraph 1.13 below.
2. Multiplier
The Multiplier to be applied to the Direct Salary Costs to determine Direct Labor
Costs is the sum of the following components:
a. Direct Salary Costs 1. 00
b. Payroll Additives 0.62
The decimal ratio of Payroll Additives shall be applied to Direct Salary Costs and
shall include all employee benefits, allowances for vacation, sick leave, and
holidays, and company portion of employee insurance and social and retirement
benefits, all federal and state payroll taxes, premiums for insurance which are
measured by payroll costs, and other contributions and benefits imposed by
applicable laws and regulations.
LSA Associates, Inc. August 2, 1994
Compensation, Invoicing and Payment
Appendix B (Continue)
C. Overhead Costs 1.11
The decimal ratio of allowable Overhead Costs shall be applied to Direct Salary Costs
and shall include general, administrative and overhead costs of maintaining and
operating established offices, consistent with established firm policies, and as defined
in the Federal Acquisitions Regulations, Part 31 .2.
d. Total Multiplier (sum of a, b, and c .) 2.73
B. FEE
A fee of 10 percent (as a multiplier, 1.10 ) shall be applied to the Direct Labor Costs .
This fee shall not be applied to Additional Direct Costs.
C. ADDITIONAL DIRECT COSTS
Additional Direct Costs, including compensation to subconsultants, which are directly
identifiable to the performance of the services of the Consulting Services Agreement
shall be reimbursed either at a unit rate or at actual cost invoiced to LSA, whichever is
specified below. A markup of 5 percent (as a multiplier, 1.05) to cover handling shall be
applied only to Additional Direct Costs reimbursed at actual cost. This markup shall not
be applied to Additional Direct Costs reimbursed at a unit rate.
Additional Direct Costs will be reimbursed as follows. Costs not specifically identified
herein will not be reimbursed but will be considered to be included in Direct Labor
Costs or Fee. Compensation for routine computer uses, such as word- processing and
spread sheets, is included in the Overhead Costs multiplier.
ITEM REIMBURSEMENT UNIT RATE
Xerox, all sizes .............................$0.10 per page
FAX .............................$1.00 per page
Mileage ........................ .....$0.29 per mile
Subconsultants, outside printing
parking, tolls, delivery service and supplies .................................Actual Cost
2
LSA Associates, Inc. August 2, 1994
Compensation, Invoicing and Payment
Appendix B (Continue)
2. DIRECT SALARY RATES
Direct Salary Rates, which are the hourly rates to be used as stated in Section 1.A.1.
above in determining Direct Salary Costs, are given below:
The Direct Salary Rates shown herein are for the current year. The rates may be
adjusted annually to reflect LSA's adjustments to individual compensation. Such annual
adjustment shall be equal to LSA's actual changes in hourly rates; but LSA shall give
Public Agency at least 30 days advanced written notice if the average of all
adjustments in a given year will exceed five (5) percent, or an individual adjustment will
exceed eight (8) percent. LSA shall notify Public Agency in writing prior to a change of
rates included herein, and prior to each subsequent change.
POSITION OR HOURLY RATES
CLASSIFICATION RANGE
A . Principal $ 30.54 $ 48.04
B. Associate . $ 20.68 $ 32.96
C. Project Manager $ 22.22 $ 26.17
D. Assistant Project Manager $ 16.06 $ 21.88
E. Environmental Analyst $ 14.06 $ 17.01
F. Word Processing $ 14.42 $ 17.45
G. Office Assistant $ 11.01 $ 13.32
H . Technician $ 11.74 $ 14.21
I. Graphics Technician $ 15.00 $ 19.97
The hourly rate includes a contribution to the Employee Stock Ownership
Plan(ESOP) equivalent to 10% of the annual compensation of each
employee. This contribution is mandatory except for new employees (less
than six months with LSA).
When giving depositions or similar expert testimony in court the hourly
rate will be billed at $175 per hour regardless of job classification. .
3
LSA Associates, Inc. August 2, 1994
Compensation, Invoicing and Payment
Appendix B (Continue)
3. INVOICING
LSA shall submit invoices in accordance with the Invoicing Procedure provided by
Public Agency.
A . LSA shall submit at concurrent intervals no more than once a month a single
invoice for all Services performed under this Agreement during the preceding month.
The original invoice and 1 copy shall be submitted to Vickie Germany, Environmental
Planner.
B. Charges shall be billed in accordance with the terms and rates included herein,
unless otherwise agreed in writing by Public Agency.
C. All charges for each Milestone shall be listed separately.
D. All Additional Direct Costs shall be accompanied by substantiating
documentation such as invoices, receipts, etc. LSA should maintain substantiating
documentation of all subconsultant charges. But substantiating documentation for
subconsultant need not be submitted with invoice.
E. Each invoice shall be accompanied by the following:
1. Monthly Progress Report for each Milestone, the work
accomplished for this period, work planned for next period, and any
anticipated problems.
2. Performance Report (PR) for each Milestone identifying the total budget,
actual cost to date, budgeted cost to date, actual cost to date as a percentage of
budgeted cost to date, percent complete, estimated cost to complete, and
estimated total cost. PR shall be in spreadsheet format and shall include a
summary line containing totals for budget, actual cost to date, estimated cost to
complete, and estimated total cost.
F. Each invoice shall indicate:
1. Payments to MBE/WBE subconsultants or suppliers by dollar
amount and as a percentage of the total invoice;
2. The MBE/WBE goals as a percentage of aggregate payment.
4
LSA Associates, Inc. August 2, 1994
Compensation, Invoicing and Payment
Appendix B (Continue)
G. Each invoice shall display certification signed by LSA's Project Manager or an
officer of the firm which reads as follows:
I hereby certify that the hours and salary rates charged in this invoice are
the actual hours and rates worked and paid to the employees listed.
Signed:
Title:
Date:
Invoice No.:
4. PAYMENT
A. Payment will be made to LSA within 30 days after receipt by Public Agency of a
correct original invoice.
B. Progress payments to LSA shall be made on the basis of proper and acceptable
invoices submitted for the actual percentage of physical work completed by LSA and
shall be made in accordance with the provisions of this Appendix. Each Progress
Payment shall be for 100% of the work actually completed as of the date of the invoice
less ten percent (10%) retention. The retention will be released periodically at the
approval of the Public Agency's authorized representative.
RVF
Isa-b2
August 2, 1994
5
APPENDIX C
KEY PERSONNEL AND SUBCONSULTANTS
LSA Associates, Inc. shall assign to this contract the following key personnel including
key subconsultant personnel:
Name Position Firm
Steve Granholm Principal LSA associates, Inc.
Linda Aberbom Project Manager LSA Associates, Inc.
Clint Kellner Associate LSA Associates, Inc
Jeff Haltiner Principal Philip Williams Assoc.
Robert Crowell Principal Cagwin & Dorward
Jackie Johnson Principal Johnson Turner Assoc.
In the event LSA Associates, Inc. desires to replace any of the above listed key
personnel, LSA Associates, Inc. shall provide the Public Agency a detailed explanation
of the circumstances necessitating the proposed substitutions, complete resumes for
the proposed substitutes, and any additional information requested by the Public
Agency. Proposed substitutes should have comparable qualifications to those of the
persons or firms being replaced. The Public Agency will notify LSA Associates, Inc.
within 15 calendar days after receipt of all required information of the decision on
substitutions.
LSA Associates, Inc Consulting Services Agreement
Appendix C Key Personnel
August 2, 1994 Page 1 of 1
CONSULTING SERVICES AGREEMENT
1. Special Conditions, These Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa County
(b) Consultant's Name & Address: LSA Associates. Inc
157 Park Place
Point Richmond. Ca 94801
(c) Project Name, Number & Location: Highway 4:Wetland Monitoring; 4660-6X4124.93; Between Willow Pass Road Concord and
1000 Ft east of Bailey Road.
(d) Effective Date: November 15, 1993 (e) Payment Limit(s): S 509,000.
(f) Completion Date(s): November 15, 2003
(g) Federal Taxpayer's I.D. or Social Security Number: 94-234-1614
2. Signatures. These signatures attest the parties' agreement hereto:
PUBLIC AGENCY
By: J. Michael Welford AO /'YOr� ,may �%�0
Public Works Director/ By:
Chief Engineer (Desi a official capacity in the business)
Type o Business (sole proprietorship,
government agency, partnership, corporation, etc.)
If Corporation, State of Incorporation:
By. By,
(Designate Irl
cial apacity ii the business)
Note to For corporati the contract must be signed by two officers. The first signature must be that of the chairman
of the board, president or vice- resident; 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.
WON
CERTIFICATE OF ACKNOWLEDGEMENT
W,- NOTARY
1027966State of California ) PUBLIC•CALIFORNIy � ss. ONTRA COSTA COUNTVCount of .dL 1J, Comm.Exp.June 16. 1998 1
On the date written below, before me, the undersigned Notary Public, personally appeared the person(s) signing above f -Consultant,
personally known to me (or proved to me on the basis of sati tory evidence) to be the perso ose name(s) are subscribed
to the within i nt and acknowledged to me that the executed the same in }� the' authorized capacity(ies), and
that by their ignature(s) on the instrument the person(s), or the entity upon behalf of w ich the person(s) acted, executed
the instrument.
WITNESS my hand and official seal.
Dated:
Notary P is
(Notary's Seal)
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. Rcort 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 subcontracts 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 $ 100,000 ; 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 $ 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 Transportation Authority, Bay Area Rapid Transit District , 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. Payment will
be made within thirty (30) days after receipt of each statement.
9. Status. The Consultant is an independent contractor, and shall,not be considered an employee of Public Agency.
10. Time for CgMtetion. 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.
h �
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. The retention will be periodically released at the sole discretion of the Public Agency, and
with the written approval of the Public Agency's authorized representative. The funds can be released after certain portions
of the work are completed, the appropriate billings have been received and approved by the Public Agency and the Public Agency
has found the work to be complete and accurate. Payment of withheld funds will be made within thirty (30) days of approval
by Public Works Accounting Division of appropriate billing.
16. Termination'bv_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:A§r6ement, 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. Camliance 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.
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. 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.
22. 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.
23. Indemnification. Consultant shall defend, indemnify, save and hold harmless Public Agency, Contra Costa Transportation
Authority. Bay Area Rapid Transit District , its/their governing bodies, officers and employees from any and all claims, costs
and liability for any damages, injury or death arising directly or indirectly from, or connected with, the services provided
hereunder and due to, or claimed or alleged to be due to, negligence or willful misconduct of Consultant, its officers,
employees, agents, subconsultants, or any person under its direction or control, save and except claims or litigation arising
through the sole negligence or sole willful misconduct of Public Agency, and will make good to and reimburse the indemnitees
for any expenditures, including reasonable attorney's fees, the indemnitees may make by reason of such matters and, if
requested by any of the indemnitees, will defend any such suits at the sole cost and expense of Consultant.
24. 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.
25. Public Endorsements, Contractor shall not in its capacity as a contractor 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 Contractor capacity, Contractor 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 contractor capacity,
Contractor shall not participate or appear in any commercially-produced advertisements designed to promote a particular brand
name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor'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, Contractor may express its views on products to other contractors,. 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.
26. 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.
Attachments: Appendix A, Appendix 8, Appendix C
Form approved by County Counsel 8/8/94(#15 revised)
9:LSA-2.CSA
RVF: August 8, 1994
TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: August 16, 1994
SUBJECT: State Route 4 - Consulting Services Agreement with LSA Associates Inc.
Project No.: 4660-6X4124-93
SPECIFIC REQUEST(S)OR RECOMMENDATION(S) &BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Public Works Director to execute the Consulting Services
Agreement with LSA Associates Inc. (LSA) in the amount of$509,000 for wetland mitigation for
the State Route 4/Willow Pass Grade Lowering Project and the Bailey Road Interchange Project
in the Bay Point Area.
II. Financial Impact:
There will be no impact to the County General Fund. The Contra Costa Transportation Authority
(CCTA) will fund 100% of the work.
III. Reasons for Recommendations and Background:
As a result of the construction of the State Route 4/Willow Pass Grade Widening and Lowering
Project and the Bailey Road Interchange Project existing wetlands were filled. Prior to
advertising the projects, permits from the Army Corps of Engineers, the Department of Fish and
Game and the Regional Water Quality Control Board, were required. As part of the permitting,
Wetland Mitigation and Monitoring Plans dated February 1992 and June 11, 1993 were approved
by the above noted regulatory agencies.
At the request of Caltrans and CCTA, the County, as lead agency, interviewed several firms and
selected LSA to do the work. The County will direct and manage the work by LSA to be in
Continued on Attachment: X SIGNATURE:
,,/
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE
APPROVE _OTHER
SIGNATURE(S):
ACTION OF BOARD ON AUG 6 1994 APPROVED AS RECOMMENDED V OTHER_
VO OF SUPERVISORS
✓✓ UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN: i hereby certiy that ttft Is a true ane correct copyof
RVF:eh:mg
an action taken and entered on them of the
c:BO3621.t8 A TCHIM dark oftheBoard
of Supervisors AdrWnlstr"
Orig. Div: Public Works (TE) AA
gy �1h.( i � .�.rA/ •Deputy
Contact: Bob Faraone, Tel. 313-2252
cc: See Page 2
State Route 4 - Consulting Services Agreement with LSA Associates Inc.
August 16, 1994
Page 2
Ill. Reasons for Recommendations and Background: (Continue)
conformance and in compliance with the Wetland Mitigation and Monitoring Plan. LSA will
establish and monitor the vegetation at three separate sites. Two of the sites will be monitored
for five years and the other will be monitored for ten years.
LSA has agreed to meet or exceed the Disadvantaged Business Enterprise (DBE) goal
established for the project.
IV. Consequences of Negative Action:
Should this contract not be approved, requirements of the regulatory agencies permits would
not be met and Contra Costa County would be in non-compliance. All work would be stopped
on the State Route 4 projects.
cc: Auditor/Controller
R. Gilchrist, Accounting
LSA
P. Maxwell, CCTA
J. Tousey, BARTD
V. Germany, Design
APPENDIX A
SCOPE OF SERVICE
LSA Associates, Inc. (LSA) shall provide full and complete wetland mitigation and on-
going monitoring in accordance with the scope of service described in this agreement
for the wetland mitigation plans and the riparian monitoring plan in connection with the
State Route 4/Bailey Road Interchange Project, near and in Pittsburg, and the State
Route 4/Willow Pass Road Grade Lowering and Widening Project near Bay Point
(formerly West Pittsburg), Contra Costa County, California.
1. DESCRIPTION OF WORK TO BE DONE (SCOPE OF SERVICE):
The Public Agency hereby employs LSA, and LSA accepts such employment, to
perform the professional services described herein, upon the terms and in
consideration of the payments stated in the Consulting Services Agreement and
Appendix B for wetland mitigation and riparian monitoring services.
2. LSA SERVICES:
LSA shall install required plantings, determine and install transects and shall
implement, and provide on-going monitoring for wetland mitigation plans at the
following locations:
A. State Route 4/Willow Pass Grade- Basin A
The mitigation site consists of three components: a sedimentation basin; a lower,
expansive wetland basin; and an upper riparian basin. An inlet structure will direct
runoff into the sedimentation basin before entering the adjacent lower wetland basin. A
sedimentation weir will separate the detention basin from the lower wetland basin.
Water will flow through the sedimentation basin to the lower wetland area (2.5 acres),
and to the outlet structure. Runoff from the south side of the highway will drain into the
upper riparian basin, which will spill into the sedimentation basin.
This design and water regime will facilitate environmental conditions to promote the
growth of Olney's bulrush, water-cress, brass buttons, Baltic rush, water smartweed,
and water plantain. Willow and cottonwoods are to be planted in selected areas to
create a multistory habitat and as-built drawings will be prepared. An investigation of
water delivery systems may be performed. LSA will maintain the site by weeding and
removing trash. Three site visits (spring, early fall, and winter) with LSA and County
will be conducted to discuss any maintenance concerns and to collect seed of target
herbaceous species to use for future broadcasting.
LSA Associates, Inc August 15, 1994
Scope of services
Appendix A (Continued)
A five (5) year monitoring program will be implemented to determine if the wetland
mitigation site is functioning as expected. In general, the focus of the monitoring
program will be to determine the areal extent of vegetation at the mitigation sites, as
well as the quality of the vegetation. LSA will propose performance standards based
on the amount of cover expected after five years of growth.
The project requires compliance with three performance standards:
1. Attainment of cover expected after five years.
2. Attainment of 2.5 acres of jurisdictional wetlands, which must be
determined by conducting a jurisdictional delineation.
3. A riparian area of 0.6 acres in size must be established.
Two permanent transects will be established perpendicular to a baseline transect to
quantify the colonization of volunteer plants. At regularly spaced intervals along the
transects, plant cover, species composition, and phenological state, and general vigor
will be evaluated. The areal extent of wetland and riparian vegetation will be
evaluated as well. Data will be collected by LSA once a year between June and
September over the five year monitoring period. Photographs will be provided to
support the observations.
LSA will collect baseline soils data for subsequent comparison at the end of the five
year monitoring period to determine whether soils have obtained hydric characteristics.
A wetland delineation analyzing hydrology, vegetation and soils, will be conducted only
at the end of the five (5) year monitoring period following the standard methodology
required by the Army Corps of Engineers.
In addition to the plant monitoring program, four wildlife utilization surveys per year will
be conducted focusing on breeding birds and noting all wildlife. Two surveys will be
conducted in mid March and two in late April for the five (5) year monitoring period.
LSA will monitor groundwater levels during the five (5) year monitoring period by
establishing one or more transects and installing four piezometers. Water level will be
recorded on a monthly basis. Ponding will be monitored by installing staff gages in the
upper and lower basins, and recording water levels on an biweekly to monthly basis
during the rainy season. Low flow rates will be monitored during the dry season on a
monthly basis by measuring inflow to and outflow from the basin. Sedimentation rates
will also be calculated by conducting surveys and using silt plates.
2
LSA Associates, Inc August 15, 1994
Scope of services
Appendix A (Continued)
LSA will submit Annual reports to the Army Corps of Engineers in San Francisco after
review of the draft report by the County. The report will cover monitoring methods and
results over the five year monitoring period.
Major modifications or contingency measures may be needed. The consultant shall
submit a scope of work and cost estimates at the time the modifications or measures
are identified.
B. State Route 4/13ailey Road Interchange
A total of 1.192 acres of jurisdictional habitat would be created, restored, or enhanced
within a twelve acre parcel purchased for the mitigation site. In its present condition,
the mitigation site consists of disturbed and degraded wetland areas and adjacent
uplands. Three tributaries enter the wetland from the south, with the middle tributary
responsible for providing the only off-site water source.
Planting within the wetland will occur later in the fall of 1994, after the onset of the rainy
season. This approach will allow the mitigation site to begin functioning as quickly as
possible.
Initially, the basin's water level will be maintained at a maximum depth of four (4)feet,
conforming to the 87.5 foot contour. As-built drawings will be prepared. An
investigation of water delivery systems may be performed. LSA will maintain the site by
weeding and removing trash. Propagules will be collected to grow replacement
plantings. Three visits (spring, early fall, and winter) with LSA and the County will be
conducted to discuss any maintenance concerns and to collect seed of target
herbaceous species to use for future broadcasting.
Native wetland species will be hand-sown after the grading is completed and the soils
have been adequately prepared for seeding. Riparian trees will be planted in random
clumps along the basin edge. Additional plantings will occur in linear clumps along the
edges of the tributaries to mitigate for the linear habitat losses in some of the fill sites.
Riparian trees include willows, cottonwoods, and black walnuts. The walnuts will be
planted higher on the basin edges where drier conditions persist.
Once the plan is implemented, monitoring will occur during the first rainy season in
order to identify erosion problems, determine the status of germination or tree survival,
and document hydrological conditions.
3
LSA Associates, Inc August 15, 1994
Scope of services
Appendix A (Continued)
Following the first year, annual monitoring will occur relative to the development of the
plant community, as well as the reliability of the site's hydrology. Hydrological
conditions, such as erosion, sedimentation, and ponding, will be monitored for a three
(3) year period including the first year.
Herbaceous plants will be monitored for five (5) years, while riparian tree species will
be monitored for a total of ten (10) years (but not annually after the initial five years).
Various annual performance standards, as well as the final target performance
standard are noted in the Mitigation Plan prepared by Woodward-Clyde Consultants
should be followed but revisions may be proposed. One known revision will be the
identification of a substitute method ( e.g., use of a tensiometer) for determining the
ability of roots to tap summer water rather than the use of a root probe.
Data collection, frequency of visits, and preparation of an annual report is similar to that
proposed for Basin A.
Major modifications or contingency measures may be needed. The consultant shall
submit a scope of work and cost estimates at the time the modifications or measures
are identified.
C. Unnamed Creek at Camino Andres/Riverside Drive
In December of 1992 and January of 1993, Contra Costa County received significant
rainfall which resulted in sediments, including some from roadway construction sites,
being deposited in an unnamed creek flowing between Camino Andres and Riverside
Drive. The sediments have been removed and plantings for riparian enhancement will
be installed.
Because the final success criterion is that there be no significant change in vegetation,
no additional short-term performance criteria have been established. Because we
anticipate no long-term effect to vegetation or wildlife habitat, we expect wildlife use of
the area to remain the same. Therefore, no wildlife surveys will be conducted. .The
annual report will provide an overall assessment of changes, or lack of changes, in the
creek. If it is deemed that significant adverse changes have occurred, contingency
procedures will be initiated to determine whether these changes are due to
construction-related sediment deposition. These contingency measures are not part of
this scope of services.
Ten permanent transects will be placed in the creek bottom at various locations and
perpendicular to its axis. The ends of the transects will be permanently established
and marked on the project map. The purpose of the transects is to quantify the
regrowth of emergent herbaceous vegetation and the extent and health of the tree
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LSA Associates, Inc August 15, 1994
Scope of services
Appendix A (Continued)
canopy.
Photographs will be taken of each transect, from the same end, during each monitoring
visit using color print film in a 35mm camera equipped with a 35mm lens. This
technique will provide a visual record of vegetation recovery. In addition, video
photographs will be taken along the entire length of the creek.
Herbaceous vegetation in the creek bottom should be determined quantitatively using
the line intercept method. To determine the condition of the tree canopy, the midpoint
of each transect should be used as a photographic point. Vegetation surveys will be
performed during July or August for a five (5) year monitoring period.
Hydrology and water quality monitoring consist of inspecting erosion control facilities,
water quality sampling of stormwater runoff, and establishing creek survey transects
(four total). Water quality sampling (four locations; five events) and erosion control
facility inspections (monthly basis during the rainy season and following any extreme
storm event, five visits expected) will be conducted only during the road construction
period. A temporary staff gauge will be installed to allow determination of the flow rate
at times of water quality or vegetation sampling. Creek survey transects will be
resurveyed in Years 2 and 5.
3. PLAN MODIFICATION AND PROJECT MANAGEMENT
LSA will prepare a letter to the ACOE and DFG with the draft to be reviewed by the
County describing any proposed changes in the mitigation plans and rationale, and
coordinate meeting between vested parties. Based on the outcome of this meeting, a
revised letter will be submitted to the regulatory agencies. The letter outlining the
modifications will be reviewed by the County prior to sending it to the reglatory
agencies.
Project management consists of activities such as, administration, scheduling, sub-
consultant contracts, and Milestone Agreements.
4. AS-NEEDED TASKS
In addition to the tasks in Sections 2 and 3 above, other tasks may be required to
accomplish the overall intent of this Agreement. In the event such tasks are required,
they will be authorized in a Milestone Agreement issued in accordance with this
Consulting Services Agreement. Additional compensation or adjustment in scope will
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LSA Associates, Inc August 15, 1994
Scope of services
Appendix A (Continued)
be identified as part of the Milestone Agreement. Such As-Needed tasks may include,
but are not limited to the following:
A. Basin A
Irrigation design and installation; Irrigation applications (by truck); Coordinate outlet
maintenance; and Replacement plants.
B. Bailey Road
Irrigation design; Irrigation applications (by truck); Coordinate outlet maintenance;
Replacement plants ; coordinate firebreak maintenance; pre-construction meeting and
graphic; Soil moisture monitoring.
C. Project Management
Any additional meetings, other than those mentioned in the Scope of Services will be
billed on a time and expenses basis.
5. INDEFINITE QUANTITY
A. This is an indefinite quantity contract for the supplies and/or services specified,
and effective for the period stated in Section 1 (f) of the Consulting Services
Agreement. The Payment Limits specified in Section 1 (e) of the Consulting Services
Agreement is only an estimate.
B. Delivery or performance shall be made only as authorized by Milestone
Agreements issued in accordance with the Ordering clause, below. LSA shall furnish
to the Public Agency, when and if ordered, the supplies and/or services specified in the
Milestone Agreement. The aggregate cost for all Milestone Agreements issued shall
not exceed the Payment Limits specified in Section 1 (e) of the Consulting Services
Agreement.
C. Except for any limitations in Section 5.B.,above, there is no limit on the number
of Milestone Agreements that may be issued. The Public Agency may issue Milestone
Agreements requiring delivery to multiple destinations or performance at multiple
locations.
D. All Milestone Agreements issued during the effective period of this contract shall
be completed by the LSA within the time specified in the Milestone Agreement.
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LSA Associates, Inc August 15, 1994
Scope of services
Appendix A (Continued)
6. ORDERING
A. Any supplies and/or services to be furnished under this contract shall be ordered
by issuance of a Milestone Agreement by the Public Agency. All Milestone Agreements
will be negotiated. Milestone Agreements may be issued from the effective date of the
contract specified in Section 1 (d) of the Consulting Services Agreement through
the Completion Date specified in Section 1 (f) of the Consulting Services Agreement.
B. All Milestone Agreements are subject to the terms and conditions of this
contract. in the event of conflict between a Milestone Agreement and this contract, the
contract shall control.
C. If mailed, a Milestone Agreement is considered "issued"when the Public Agency
deposits the Milestone Agreement in the mail.
D. For purposes of this clause, Robert V. Faraone or his designee shall sign
Milestone Agreements on behalf of the Public Agency.
7. STATEMENT OF WORK/SPECIFICATIONS
A. LSA shall furnish the necessary personnel, material, equipment, services, and
facilities (except as otherwise specified herein or in an individual Milestone
Agreement), to perform the Statement of Work Specifications as described in each
individual Milestone Agreement issued by Public Agency against this contract.
Milestone Agreements shall be issued in writing.
B. LSA shall respond to the Public Agency's review comments by modifying the
documents prepared by LSA as appropriate and, by preparing written memoranda
which respond to each question or comment if required. These memoranda shall be
submitted to the Public Agency within a reasonable time of receiving the Public
Agency's written review comments. If LSA anticipates the time required to submit the
memoranda will exceed two weeks, the LSA shall notify the Public Agency. If the time
period required to respond to the review comments jeopardizes LSA's ability to comply
with the Milestone Agreement schedule, LSA shall notify the Public Agency.
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LSA Associates, Inc August 15, 1994
Scope of services
Appendix A (Continued)
8. TIME OF DELIVERY
The Public Agency requires delivery to be made according to the schedule established
for and stated in each separate Milestone Agreement.
9. INSPECTION AND ACCEPTANCE
A. The Public Agency or the duly authorized representative will perform inspection
and acceptance of materials and services to be provided.
B. For the purposes of this clause Vickie Germany or her designee, is the
authorized representative of the Public Agency.
10. LSA SERVICES AND CONSENT
LSA shall obtain the consent of the Public Agency prior to using any subconsultant and
key personnel on this contract.
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APPENDIX B
COMPENSATION, INVOICING AND PAYMENT
For the satisfactory performance and completion of the services and or provision of
supplies under this Consulting Services Agreement, Public Agency will pay LSA
compensation as set forth herein.
1. ELEMENTS OF COMPENSATION
Compensation for the services will be comprised of the following elements: A. DIRECT
LABOR COSTS, B. FEE, and C. ADDITIONAL DIRECT COSTS.
A. DIRECT LABOR COSTS
Direct Labor Costs shall be equal to the product of the Direct Salary Costs and the
Multipliers which are defined as follows:
1. Direct Salary Costs
Direct Salary Costs are the base salaries and wages actually paid to LSA's
personnel directly engaged in performance of the services under the Consulting
Services Agreement.
Direct Salary Rates shall be applicable to both straight time and overtime work,
unless payment of a premium for overtime work is required by law, regulation or
craft agreement, or is otherwise specified in this Consulting Services Agreement.
In such event, the premium portion of Direct Salary Costs will not be subject to
the Multiplier defined in paragraph 1.A.2 below or to the Fee defined in
paragraph 1.13 below.
2. Multiplier
The Multiplier to be applied to the Direct Salary Costs to determine Direct Labor
Costs is the sum of the following components:
a. Direct Salary Costs 1. 00
b. Payroll Additives 0.62
The decimal ratio of Payroll Additives shall be applied to Direct Salary Costs and
shall include all employee benefits, allowances for vacation, sick leave, and
holidays, and company portion of employee insurance and social and retirement
benefits, all federal and state payroll taxes, premiums for insurance which are
measured by payroll costs, and other contributions and benefits imposed by
applicable laws and regulations.
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LSA Associates, Inc. August 15, 1994
Compensation, Invoicing and Payment
Appendix B (Continue)
C. Overhead Costs 1.11
The decimal ratio of allowable Overhead Costs shall be applied to Direct Salary Costs
and shall include general, administrative and overhead costs of maintaining and
operating established offices, consistent with established firm policies, and as defined
in the Federal Acquisitions Regulations, Part 31 .2.
d. Total Multiplier (sum of a, b, and c .) 2.73
B. FEE
A fee of 10 percent (as a multiplier, 1.10 ) shall be applied to the Direct Labor Costs .
This fee shall not be applied to Additional Direct Costs.
C. ADDITIONAL DIRECT COSTS
Additional Direct Costs, including compensation to subconsultants, which are directly
identifiable to the performance of the services of the Consulting Services Agreement
shall be reimbursed either at a unit rate or at actual cost invoiced to LSA, whichever is
specified below. A markup of 5 percent (as a multiplier, 1.05) to cover handling shall be
applied only to Additional Direct Costs reimbursed at actual cost. This markup shall not
be applied to Additional Direct Costs reimbursed at a unit rate.
Additional Direct Costs will be reimbursed as follows. Costs not specifically identified
herein will not be reimbursed but will be considered to be included in Direct Labor
Costs or Fee. Compensation for routine computer uses, such as word- processing and
spread sheets, is included in the Overhead Costs multiplier.
ITEM REIMBURSEMENT UNIT RATE
Xerox, all sizes .............................$0.05 per page
Mileage ........................ .....$0.29 per mile
Subconsultants, outside printing
parking, tolls, delivery service and supplies .................................Actual Cost
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Compensation, Invoicing and Payment
Appendix B (Continue)
2. DIRECT SALARY RATES
Direct Salary Rates, which are the hourly rates to be used as stated in Section 1.A.1.
above in determining Direct Salary Costs, are given below:
The Direct Salary Rates shown herein are for the current year. The rates may be
adjusted annually to reflect LSA's adjustments to individual compensation. Such annual
adjustment shall be equal to LSA's actual changes in hourly rates; but LSA shall give
Public Agency at least 30 days advanced written notice if the average of all
adjustments in a given year will exceed five (5) percent, or an individual adjustment will
exceed eight (8) percent. LSA shall notify Public Agency in writing prior to a change of
rates included herein, and prior to each subsequent change.
POSITION OR HOURLY RATES
CLASSIFICATION RANGE
A . Principal $ 30.54 $ 48.04
B. Associate . $ 20.68 $ 32.96
C. Project Manager $ 22.22 $ 26.17
D. Assistant Project Manager $ 16.06 $ 21.88
E. Environmental Analyst $ 14.06 $ 17.01
F. Word Processing $ 14.42 $ 17.45
G. Office Assistant $ 11.01 $ 13.32
H . Technician $ 11.74 $ 14.21
I. Graphics Technician $ 15.00 $ 19.97
The hourly rate includes a contribution to the Employee Stock Ownership
Plan(ESOP) equivalent to 10% of the annual compensation of each
employee. This contribution is mandatory except for new employees (less
than six months with LSA).
When giving depositions or similar expert testimony in court the hourly
rate will be billed at $175 per hour regardless of job classification.
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LSA Associates, Inc. August 15, 1994
Compensation, Invoicing and Payment
Appendix B (Continue)
3. INVOICING
LSA shall submit invoices in accordance with the Invoicing Procedure provided by
Public Agency.
A . LSA shall submit at convenient intervals no more than once a month a single
invoice for all Services performed under this Agreement during the preceding month.
The original invoice and 1 copy shall be submitted to Vickie Germany, Environmental
Planner.
B. Charges shall be billed in accordance with the terms and rates included herein,
unless otherwise agreed in writing by Public Agency.
C. All charges for each Milestone shall be listed separately.
D. All Additional Direct Costs shall be accompanied by substantiating
documentation such as invoices, receipts, etc. LSA should maintain substantiating
documentation of all subconsultant charges. But substantiating documentation for
subconsultant need not be submitted with invoice.
E. Each invoice shall be accompanied by the following:
1. Monthly Progress Report for each Milestone, the work
accomplished for this period, work planned for next period, and any
anticipated problems.
2. Performance Report (PR) for each Milestone identifying the total budget,
actual cost to date, budgeted cost to date, actual cost to date as a percentage of
budgeted cost to date, percent complete, estimated cost to complete, and
estimated total cost. PR shall be in spreadsheet format and shall include a
summary line containing totals for budget, actual cost to date, estimated cost to
complete, and estimated total cost.
F. Each invoice shall indicate:
1. Payments to MBE/WBE subconsultants or suppliers by dollar
amount and as a percentage of the total invoice;
2. The MBE/WBE goals as a percentage of aggregate payment.
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LSA Associates, Inc. August 15, 1994
Compensation, Invoicing and Payment
Appendix B (Continue)
G. Each invoice shall display certification signed by LSA's Project Manager or an
officer of the firm which reads as follows:
I hereby certify that the hours and salary rates charged in this invoice are
the actual hours and rates worked and paid to the employees listed.
Signed:
Title:
Date:
Invoice No.:
4. PAYMENT
A. Payment will be made to LSA within 30 days after receipt by Public Agency of a
correct original invoice.
B. Progress payments to LSA shall be made on the basis of proper and acceptable
invoices submitted for the actual percentage of physical work completed by LSA and
shall be made in accordance with the provisions of this Appendix. Each Progress
Payment shall be for 100% of the work actually completed as of the date of the invoice
less ten percent (10%) retention. The retention will be released periodically at the
approval of the Public Agency's authorized representative.
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APPENDIX C
KEY PERSONNEL AND SUBCONSULTANTS
LSA Associates, Inc. shall assign to this contract the following key personnel including
key subconsultant personnel:
Name Position Firm
Steve Granholm Principal LSA associates, Inc.
Linda Aberbom Project Manager LSA Associates, Inc.
Clint Kellner Associate LSA Associates, Inc
Jeff Haltiner Principal Philip Williams Assoc.
Robert Crowell Principal Cagwin & Dorward
Jackie Johnson Principal Johnson Turner Assoc.
In the event LSA Associates, Inc. desires to replace any of the above listed key
personnel, LSA Associates, Inc. shall provide the Public Agency a detailed explanation
of the circumstances necessitating the proposed substitutions, complete resumes for
the proposed substitutes, and any additional information requested by the Public
Agency. Proposed substitutes should have comparable qualifications to those of the
persons or firms being replaced. The Public Agency will notify LSA Associates, Inc.
within 15 calendar days after receipt of all required information of the decision on
substitutions.
LSA Associates, Inc Consulting Services Agreement
Appendix C Key Personnel
August 2, 1994 Page 1 of 1