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Home My WebLink AboutMINUTES - 09132005 - C91 IL s. .L Contra TO: BOARD OF SUPERVISORS ;��""" -=°.� Costa FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR County DATE: September 13, 2005 A cou� �.9I SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute an "on-call" Consulting Services Agreement with Garcia and Associates,Countywide.(All Districts)Project No. Various SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Public Works Director,or designee,to execute a Consulting Services Agreement (CSA) with Garcia and Associates in an amount not to exceed $50,000 to provide "on-call" environmental consulting services for the period September 13, 2005 through September 30, 2007, Countywide. FISCAL IMPACT: There is no impact to the County General Fund. This project is funded by Flood Control &Water Conservation District Funds (48%), Local Road Funds (48%) and Airport Project Funds (4%). Continued on Attachment: SIGNATURE: [RECOMMENDATION OF COUNTY ADMINISTRATOR COMMENDATION OF BOARD COMMITTEE Ea..,A"ROVE OTHER SIGNATURE(S): Qk,.,,,, ACTION OF BO ON APPROVED AS COMMENDED OTHER ❑ VOTE F SUPERVISORS UNANIMOUS(ABSENT I hereby certify that this is a true and correct copy of an action taken AYES: NOES: - and entered on the�utes of the Board of Supervisors on the date ABSENT: ABSTAIN: shown. a G:\GrpData\EngSvc\ENVIRO\B0\2005\ ATTESTED: fc (09-13-05)CSA-Garcia&Assoc(On-Call).doc Orig.Div:Public Works(Environmental Section) JOHN SWEETEN,Clirk of the Board of Supervisors and County Contact: Trina Torres,(313-2176) Administrato cc: Administrator—Attn.E.Kuevor Auditor-Controller � � By ,Deputy A SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute an "on-call" Consulting Services Agreement with Garcia and Associates,Countywide.(All Districts)Project No. Various DATE: September 13, 2005 PAGE: 2 of 2 REASONS FOR RECOMMENDATIONS AND BACKGROUND* The CSA is needed to assist Public Works Department staff with obtaining environmental clearances and provide lion-call"environmental assessment for various projects associated with Flood Control,Road,and Airport projects. CONSEQUENCES OF NEGATIVE ACTION: If the CSA is not approved, various flood control, road, and airport projects will not obtain environmental clearances,which may cause delays in their construction or repair. , �� 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: Garcia and Associates One Saunders Ave. San Anselmo,-CA 94960 (c) Project Name, Number, & Location: On Call Proj. No. Various Countywide (d) Effective Date: September 13, 200,15 (e) Payment Limit(s): $50,000 (f) Completion Date(s): September 30, 2007 2, Signatures.These signatures attest the parties' agreement hereto: PUBLIC AGENCY CONSULT NT By: Maurice M. Shiu Public Works Director/ By: Chief Engineer, or Designee (Deg to offici pacity in the business Type of Business: ( le oprietor ip,government agency,partnership,corporation,etc.) If orporati , State of Incorporation: gy By: ! C.��t (besigna e o ficial capacity in the business) Note to Consultant:For corporations,the contract must be signed by two officers.The first signature must be that of the chairman of the board,president,or vice-president;the second signature must be that of the secretary,assistant secretary, chief financial officer, or assistant treasurer. (Civ. Code, Sec. 1190 and Corps. Code. Sec. 313.)The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGMENT State of California SS. County of Al On the date written below, before me, the undersigned Notary Public, personally appeared the person(osigning above for Consultant, personally known to me (or proved to me on the basis of satisfactory evidence to be the person(�S'Swhose name is subscribed to the within instrument and acknowledged to me tha he executed the same i i eir authorized capacity(jes),and that bis signature)on the instrument the person(, or the entity upon behalf of which the person(g)acted, executed the instrument. WITNESS my hand and official seal. Dated: 4E Notary Public (Notary's Seal) TONT B, JONES C/ - • Comm.#1411405G9 :30 (� "'aNOTARY PUBLIC-CALIFORNIA It Marin County>d My Comm.Expires Aril 18.1 2007 V V (Pagb"'I of 19) G:\GrpData\EngSvc\ENVIRO\CSA's\2005\AGREEMENTS\Garcia&Assoc.doc • 12. Documentation.Consultant shall prepare and deliver to Public Agency at no additional charge,the • items described in AppendixA 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 AppendixA shall be performed by Consultant according to the rates or charges listed in Appendix B. In the event that no rate or charge is listed for a particular type of extra work, Consultant shall be paid for the extra work at a rate to be mutually agreed on prior to commencement of the extra work. In no event shall Consultant be entitled to compensation for extra work unless a written authorization or change order describing the work and payment terms has been executed by Public Agency prior to the commencement of the work. 15. Payment Retention. Public Agency shall retain ten percent(10%)of the monies due the Consultant as security for the fulfillment of this Agreement.After the Consultant has completed all work under this Agreement, submitted final billing, and the Public Agency has found the work to be accurate, the Public Agency will pay all withheld funds. Public Agency will pay withheld funds in accordance with the requirements of Civil Code Section 3320 as applicable.A retention will not be withheld for any"on-call"work. 16. Termination by Public Agencv. 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,transferor sub-contracting shall be void. (Page 3 of 19) G:\GrpData\EngSvc\ENVIRO\CSA's\2005\AGREEMENTS\Garcia&Assoc.doc 28. Disadvantaged Business Enterprise(DBE)Requirements(Federal aid groiects only) Consultant shall comply with all applicable provisions of 49 CFR, Parts 23 and 26, and the County's Disadvantaged Business Enterprise(DBE)Program,which are incorporated into this Agreement by reference. In addition,in performing services under this Agreement,Consultant shall utilize all DBEs listed in Consultant's written response to the Public Agency's request for qualifications or request for proposal and shall pay to the listed DBEs the estimated amounts listed in Appendix B attached to this Agreement. The Consultant shall not substitute a listed DBE at any time or decrease the amount to be paid to a listed DBE without the advance,written consent of the Public Agency. If a listed DBE is proposed to be replaced, Consultant shall make a good faith effort to replace the original DBE with another DBE and shall submit to Public Agency written documentation of such effort. 29. Federal Cost Principles and Procedures-(Federal aid pro"ects only) Consultant shall comply with the following provisions, which are incorporated into this Agreement by reference: (a) the cost principles for allowability of individual items of costs set forth in 48 CFR,Chapter 1,Part 31:(b)the administrative procedures set forth in 49 CFR, Part 18; and (c)the administrative procedures for non-profit organizations set forth in OMB Circular A-1 10, if applicable to Consultant. In the event that payment is made to Consultant for any costs that are determined by subsequent audit to be unallowable under 48 CFR, Chapter 1, Part 31, Consultant shall refund the payment to Public Agency within 30 days of written request from Public Agency. Should Consultant fail to do so,and should the Public Agency file legal action to recover the refund, Consultant shall reimburse the Public Agency for all attorney's fees, costs, and other expenses incurred by Public Agency in connection with such action. Attachments:Appendix A,Appendix B,Appendix C Form approved by County Counsel (11/00) (Page 5 of 19) G:\GrpData\EngSvc\ENVIRO\CSA's\2005\AGREEMENTS\Garcia&Assoc.doc APPENDIX A - Scope of Semces On Call J. Protective or security measures to protect the site during off-work hours; K. Methods of cataloging, analyzing, preparing for curation, and curation of artifacts recovered during monitoring, testing, or data recovery (subject to MLD approval for burials and grave- goods); and L. Reporting requirements for data recovery and monitoring. IV. Conduct pre-construction training A. Attend preconstruction meeting with Department staff and contractor to discuss cultural issues and requirements B. Conduct an on-site training session for Department and construction staff V. Construction Monitorinc A. Coordinating with Department and contractor staff,establish a site screening station in an out- of-the-way area B. Monitor excavation to minimize impacts to culturally significant artifacts or human remains; 1. Any significant artifacts or human remains shall be excavated by hand using appropriate archaeological techniques 2. Any significant artifact or human remains recovered during the project shall be cleaned, cataloged, analyzed, prepared and submitted for curation or reburial as required C. Coordinate with the Most Likely Descendent(MLD) representative as needed VI. Analvsis and Curation of Recovered Artifacts: Culturally significant artifacts and human remains collected shall be analyzed (with permission of the MLD as requirecl) and curated as appropriate. A. Artifacts shall be inventoried, preserved (as appropriate)and catalogued B. Artifacts shall be analyzed utilizing the following techniques 1. Comparative collections of artifacts and plant and animal remains from local universities and other collections 2. Available technical services including obsidian hydration analysis, x-ray fluorescence, ethnobotanical studies, C-14 analysis C. Coordinate with the MLD as needed VII. Prepare Archaeological and Historical Resources reports A. Prepare reports summarizing results of test excavations,resource recovery excavations,and/or construction-associated excavations. In some cases the report will be used to satisfy CEQA and/or NEPA requirements. Each report will include at a minimum: 1. Introduction including a location map,purpose and need and brief discussion of previous archaeological studies from the site 2. Methods used 3. Results 4. Discussion 5. Potential mitigation measures which can be implemented 6. Other recommendations B. Prepare reports in accordance with the Caltrans National Historic Preservation Act (NHPA) Section 106 Guidance Document,as appropriate. The necessary reports must incorporate the appropriate content and format required by the Caltrans guidance document, as appropriate. The consultant will be responsible for determining which reports (listed above or otherwise necessary) will be necessary to satisfy NEPA requirements. This task should include preparation of the following documents as warranted/required by the project conditions: 1. Archaeological Survey Report(ASR) 2. Bridge Evaluation Report(BER) 3. Historic Architectural Survey Report(HASR) 4. Historic Property Survey Report(HPSR) (Page 7 of 19) G:\GrpData\EngSvc\ENVIRO\CSA's\2005\AGREEMENTS\Garcia&Assoc.doc APPENDIX A Scope of Services On Call V. Pre-construction botanical salvage: Some regulatory permits may require the Department to salvage individuals of a listed plant species before the beginning of construction to mitigate the effects of the proposed project. The salvage may occur at any time of the year in advance of the project and may involve a variety of life stages. Salvage operations would only occur under the appropriate "take" permits authorized by either FWS or DFG. Salvage of common species (e.g. willow or cottonwood) may also occur without consultation with FWS or DFG. A. Conduct a survey for specifically identified state or federally listed species in the proposed project site and in the immediate vicinity of the project site to determine the exact location of individuals. B. Prepare a map showing the locations of the individuals of the listed species with notes indicating which individuals are most suitable for salvage. C. Using existing FWS and DFG protocols and guideline documents and/or coordinating with appropriate FWS or DFG staff remove portions or all of individual plants and/or collect seed from the proposed project site. Store plant material under appropriate conditions to maximize survival. D. Using either internal nursery resources or contracting with another native plant nursery, grow seeds or individuals to a size specified by the Department to maximize successful replanting at the project site(once construction is complete)or at another mitigation site approved by either DFG or FWS. E. Prepare a short report documenting the methods used and results of efforts, due to the Department within 30 days after salvage has occurred oras negotiated with the Department. VI. Construction monitoring for potential botanical impacts: For projects that may have potential adverse impacts to listed plant species, regulatory permits may require monitoring of construction activities and creation and delivery of education programs to Department staff and contractor employees. A. Daily monitoring during habitat disturbance 1. One approved US Fish and Wildlife Service(FWS)or California Department of Fish and Game (DFG) biologist will remain on site all day during the initial phase of habitat disturbance.A daily monitoring report will be filled out to document dates,times,activities, and any problems with non-compliance. A biologist will arrive prior to the onset of daily work activities by the construction contractor each day of monitoring period. B. Training session for construction personnel 1. The consultant will conduct a training session to identify listed species,including the areas they are likely to inhabit;why they are protected,how to avoid them,and what to do if one is found. The consultant will also train someone from the contractor's team to handle the duties after monitoring is complete. C. Final Report for monitoring results 1. At the end of the project, the consultant will prepare a brief report summarizing all daily and weekly monitoring activities,which will include copies of completed daily forms and a brief summary in paragraph form. D. Project management 1. Manage contract administration, which includes ongoing coordination and oversight of biologists,ongoing communications with Contra Costa County personnel,the contractor, FWS/DFG (as necessary), and the consultant staff. (Page 9 of 19) G:\GrpData\EngSvc\ENVIRO\CSA's\2005\AGREEMENTS\Garcia&Assoc.doc APPENDIX A Scope of Services On Call 11. Fish population studies; Depending upon the results of the fish habitat assessment, focused studies on fish populations may be desired. These studies may include the following elements. A. Conduct fish counts of anadromous fish during spawning season 1. For each seasonal run and species sample random reaches of a creek and conduct counts of living and dead fish. 2. Using statistical analysis extrapolate data to determine spawning population for specific segments of stream B. Conduct fish counts during non-spawning season 1. Using electroshock devices, nets, and/or seines sample random reaches of a stream and conduct counts of fish by species and age group. C. Conduct redd survivorship studies 1. With appropriate permits from National Marine Fisheries Service monitor progress of random redds 2. Upon emergence of fry, excavate subsections of each redd to count number of failed egg masses within each sample. 3. Using statistical analysis extrapolate date to determine percent survivorship of eggs D. Analyze data and prepare a report(in some cases using the format for the Caltrans Biological Assessment). The report shall include: 1. Methodology 2. Results 3. Arc-GIS compatible shape file and map showing a) Sample locations b) Essential Fish Habitat c) Physical structure of stream d) Location of spawning gravels (if applicable) e) Location of occupied redds (if applicable) f) Impediments to fish passage (if applicable) 4,. Discussion and recommendation ,MITIGATION RESTORATION DESIGN Scope of Services: Contra Costa County Public Works Department(Department)strives to avoid and minimize the impacts of potential projects wherever possible. However, in.some instances unavoidable impacts to sensitive resources—wetlands, riparian areas, and listed species habitat—occur. In these situations the consultant will work with Department staff to design mitigation and restoration of the affected habitat to meet regulatory requirements outlined through California Environmental Quality Act(CEQA) and/or regulatory permits with the various resource agencies permits. L Assess conditions at the proposed mitigation site A. Review applicable California Environmental Quality Act(CEQA)and/or National Environmental Policy Act(NEPA)documents and/or regulatory permits to determine mitigation needs B. Conduct a field review of the proposed mitigation site with Department staff C. Conduct surveys and tests of field condition including, but not limited to 1) Fluvial geomorphology 2) Groundwater levels 3) Soil nutrients and toxins (Page 11 of 19) G:\GrpData\EngSvc\ENVIRO\CSA's\2005\AGREEMENTS\Garcia&Assoc.doc APPENDIX A Scope of Services On Call WETLANDS DELINEATION Scope of Services: To assess potential impacts of a proposed project upon wetland resources and waters of the US the consultant will need to be able to conduct wetland delineations according to the 1987 US Army Corps of Engineers (USAGE) manual. L Review the National Wetland Inventory Map compiled by the US Fish and Wildlife Service(USFWS) 11. Determine the boundaries of any pools,wetlands, streams including ordinary high water(OHW) A. Follow 1987 USAGE protocol for determining the hydraulic,soils and vegetation parameters for wetlands 111. Prepare a map of Waters of the United States, 'including any wetlands and special aquatic habitats using digital and/or hard copy maps provided by the Contra Costa County Public Works Department (Department). A. Submit the draft map and copies of data sheets to the Department (the wetland map should include data points and photo points) 1) Using Arc-GIS compatible shape files B. Revise the wetland delineation map based upon comments made by Department staff IV. Prepare a report of the wetland delineation outlining A. Proposed project description B. Delineation methods including use of atypical criteria C. Results and conclusions D. Copies of data sheets V. Conduct a field verification with USAGE if requested A. Invite Department staff to attend the field verification VI. Revise map and report based on USAGE comments within two weeks of field verification meeting Send copy of final and any approved maps received by the USAGE to the Department within one week of completion/receipt. WILDLIFE/BIOLOGICAL ASSESSMENT Scope of Services: To assess the potential impacts of a proposed project upon wildlife resources,determine the presence or absence of listed species within a project site the consultant may need to be able to conduct the following types of studies. I. Wildlife Habitat Assessments A. Review relevant databases 1) Review California Natural Diversity Database (CNDDB)and other databases 2) Contact local or agency biologists regarding known occurrences of listed species, if warranted 3) Contact species experts, if warranted B. Conduct site visit to characterize habitats and wild life/vegetation present 1) Conduct survey to characterize wildlife habitats including special habitat features and identify wildlife species potentially present at the proposed project site and adjacent areas 2) Identify adjacent land uses and photograph relevant features of the site (Page 13 of 19) G:\GrpData\EngSvc\ENVIRO\CSA's\2005\AGREEMENTS\Garcia&Assoc.doc APPENDIX A • Scope of Services On Call IV. Construction monitoring for potential wildlife impacts For projects that may have potential adverse impacts to listed species,the regulatory permits may require monitoring of construction activities, movement of individuals of listed species under appropriate permit conditions and creation and delivery of education programs to Department staff and contractor employees. A. Daily monitoring during construction One US Fish and Wildlife Service (FWS)or California Department of Fish and Game(DFG)- approved biologist will remain on site all day during construction.A daily monitoring report will be filled out to document dates,times,activities,listed species found and their disposition,and any problems with non-compliance. A biologist will arrive early enough the each day of construction to do a sweep of the work area. Be Training session for construction personnel The consultant will conduct a training session to identify listed species, including the areas they are likely to inhabit; why they are protected, and what to do if one is found. The consultant will also train someone from the contractor's team to handle the duties after monitoring is complete. C. Final Report for monitoring results At the end of the project,the consultant will prepare a brief report summarizing all monitoring activities,which will include copies of completed dailyforms and a brief summary in paragraph form. Do Project management Manage contract administration, which includes ongoing coordination and oversight of biologists, ongoing communications with Contra Costa County personnel, the contractor, FWS/DFG (as necessary), and the consultant staff. (Page 15 of 19) G:\GrpData\EngSvc\ENVIRO\CSA!s\2005\AGREEMENTS\Garcia&Assoc.doc APPENDIX B Professional Services Payment/R.ates continued)_ GANDA's SCHEDULE OF OTHER DIRECT COSTS Equipment Tvpe: Rate: Field Equipment Costs: Olympus Fiber Optic Scope $100/day Sandpiper Peeper Probe $66/day Public transportation/tolls at cost (attach documentation) Per Diem (meals, lodging, incidentals) Not to exceed County rates: Meals:Breakfast: $10-00 (attach documentation) Lunch: $15.00 (attach documentation) Dinner: $25-00 (attach documentation) Lodging at cost (attach documentation) Rental Cars (pre-approved by County Staff) at cost (attach documentation) ln-Office Equipment Costs: $1/pg Color graphics — 8.5x11 $1.25/pg Color graphics — 8.5x14 Color graphics — 11x17 $2.,00/pg Copying (B&W) $0.11/pg Faxes (incoming/outgoing) $0,10/$O,,50/pg Telecommunication at cost (attach documentation) Materials (describe) at cost (attach documentation) Postage/Express Mail at cost (attach documentation) Administrative Fee on Direct Costs; Not to exceed 10% (Page 17 of 19) G:\GrpData\EngSvc\ENVIRO\CSA!s\2005\AGREEMENTS\Garcl*a&Assoc.doc APPENDIX C Proj*ect Personnel me, dbT ,0. it�,� Chloe Scott SS II - BiologistlArchaeologist I I Kevin Wiseman SS II - Biologist/Archaeologist II Rad Smith GR- -A- II -Graphics Production Supervisor Tristan Berlund GIS II -GIS Specialist Jane Kim GIS I -GIS Technician Carole Taylor Garcia WP IV-Technical Editor Penny Dudley WPI -Clerical Barbara Granville WPI - Clerical Gin Takahashi WPI - Clerical Carole Taylor Garcia CA III -Contract Administrator Carol Brandt CA II - Contract Accounting/Billing Coordinator Gabriella Frazier CAI - Billing Clerk (Page 19 of 19) G:\GrpData\EngSvc\ENVIRO\CSA's\2005\AGREEMENTS\Garcia&Assoc.doc