HomeMy WebLinkAboutMINUTES - 07132004 - C.113-118 TO: BOARD OF SUPERVISORS
William Walker,M.D.,Health Services Director
FROM: Contra
By: Jacqueline Pigg,Contracts Administrator
Cost
DATE: June 29, 2004 County
SUBJECT: Approval of Contract#25-042--4 with Greater Richmond Interfaith Programs /fir jr
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
Approve and authorize the Health Services Director, or his designee (Wendel Brunner, MD) to
execute on behalf of the County, Contract #25---042-4 with Greater Richmond Interfaith Programs
(GRIP), a non-profit corporation, in an amount not to exceed$858,071,to provide emergency shelter
program services,for the period from July 1,2004 through June 30,2005.
FISCAL IWACT:
This Contract is funded 32.6% by federal Emergency Shelter Grant and FEMA, and 67.4% by
County.
CHILDREN'S IMPACT STATEMENT:
This Homeless Services Program supports the Board of Supervisor's"Communities that are Safe and
Provide a High Quality of Life for Children and Families" community outcome by providing
temporary shelter and services to homeless families to stabilize their situation.
BACKGROUND/REASON(S)FOR RECOMMENDA I N(Sk
This Contract meets the social needs of County's population in that it provides emergency shelter
services, twenty-four hours per day, seven days per week, to homeless adults in Central and West
County, and homeless families in West County.
On'August 5, 2003, the Board of Supervisors approved. Contract #25-042-3 with GRIP for the
period from July 1, 2003 through June 30, 2004, for the provision of emergency shelter program
services.
Approval of Contract #25-042-4 will allow the Contractor to continue providing services through
June 30, 2005.
i [� Y I T R :
.�-
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOM IvND ION OF BOARD COMMITTEE
1'PROVEOTHER
NAT `
ACTION OF BOAR ON APPROVED AS RECOMMENDED _® OTHER
s'
s
VOTE OFF SUPERVISORS
ALUNANIMOUS (ABSENT I HERESY CERTIFY THAT THIS IS A TRUE
) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED
JOHN SWEETEN; LERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact Person: Wendel gunner,MD 313-6712
CC: Health Services dept. (Contracts)
Auditor-Controller rt t
Risk Management BY �" _t _ _ DEPUTY
Contractor
TO: BOARD OF SUPERVISORS lei
FROM-
William Walker, M.D., Health Services Director - Contra
By:Jacqueline Pigg, Contracts Administrator CC7Str`
DATE: June 29, 2404 County
SUBJECT: Approval of Sharing g Agreement Amendment #26-424-5 with the U.S. Department of Veterans Affairs
Northern California Health Care Systems (VANCHCS)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIQN S):
Approve and authorize the Health Services Director,or his designee Qeff Smith,M.D.),to execute on behalf
of the County,Sharing Agreement Amendment#V261S-6423,Modification 1,(County#26.4245),with the
U.S.Department of Veterans Affairs Northern California Health Care System(VANL CHCS),effective July 1,
2004,to amend Contract#26.424-4,to increase the total Contract Payment Limit by$20,835,from$.30,040
to a new total payment limit of$50,835 with no change in the term for the period from October 1, 2003
through September 30, 2404.
FISCAL IMPACT:
This Contract is funded in the Health Services Department's Enterprise I Budget. The services provided for
the County's patients under this Contract are billable to patients and third party payors.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
For many years the County and U.S. Department of Veterans Affairs has maintained a.mutual sharing
agreement which has made available to the County specialized medical services not otherwise available due to
lack of resources,equipment,and personnel. These services included specialized laboratory testing,radiology
services, nuclear medicine studies, CT scans,MRI's, dermatology,gastroenterology,urology,audiology and
speech,and ophthalmology services. The County provided Emergency Room treatment and inpatient care,
including certain ancillary services, for VA-referred patients.
On October 14, 2403,the Board of Supervisors approved Sharing Agreement#26-424-4 with VANCHCS to
provide Oncology services,including physician services with 24 hours of onrcall coverage,Tumor Board,and
clinic support,to County's patients at the VA Outpatient Clinic in Martinez,for the period from October 1,
2003 through September 30, 2044.
Approval of Sharing Agreement Amendment #26.4245 will allow Contractor to provide additional
Oncology clinical coverage services, through September 30, 2044.
The Contract documents have always been prepared by the Veterans Administration.
CQNTINUEDH t ry tiav
_
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
t _
i NATURES :�'�- - ..✓ c.-- ._...�..
ACTION OF BOARD ~- APPROVED AS RECOMMENDED OTHER
t
s
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: ""' AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: - ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED
JOHN SWEETEN, LERK OF THE 6 ARD OF
Jeff Smith, M.D. (370-5113) SUPERVISORS AND COUNTY ADMINISTRATOR
Contact Person:
CC: Health Services Crept. (Contracts)
Auditor-Controller
Risk Management BY- "��-- .�. DEPUTY
Contractor
TO: BOARD OF SUPERVISORS
FROM: William Walker,M.D., Health Services Director Contra
By: Jacqueline Pigg, Contracts Administrator
Costa
DATE.. Jude 29, 2004 County
SUBJECT: Approval of Cancellation Agreement#76517,1 with Nelson Lim, M.D.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
R` C.'C% ff.N ?A'iT1QN(,';):
Approve and authorize the Health Services Director, or his designee (Jeff Smith, M.D.), to execute on behalf
of the County, Cancellation Agreement #76.517.1 with Nelson Lim, M.D., a self-employed individual,
(Medical Specialty: Oncology),effective at the close of business on June 30, 2004.
FISCA'r.IMPAC�l,
This Contract was funded by Enterprise Budget 1. Cost to the County depended upon utilization. As
appropriate, patients and/or third party payors were billed for services.
RACKGRO1.ZN1 .ZRR-A. Qh4S)FOR RECCft [F:l DAD0N(S):
In January, 2004, the Board of Supervisors approved Contract #76.517 with Nelson Lim, M.D., for the
period from October 3, 2003 through October 31, 2004, to provide Oncology services for Contra Costa
Regional Medical Center and Contra Costa Health Centers.
The purpose of this Board Order is to advise the Board that the Department and the Contractor have
mutually agreed to terminate Contract #76517 with Nelson Lim, M.D., effective June 30, 2004. Dr. Lim
will continue to provide services to County under the County's Contact with the U.S. Department of
Veterans Affairs Northern California Health Care Systems(VANCHCS).
Approval of this Cancellation Agreement#76-517.1 will accomplish this termination.
QQNIINIIE,Q QU TACHMEII �
„ RECOMMENDATION OF COUNTY ADMINISTRATOR '-' RECOMMENDATION OF BOARD COMMITTEE
;--1-APPROV`�— OTHER
SIQN R- "
ACTION OF APPROVED AS RECOMMENDED OTHER
f
a..
VOTE OF SUPERVISORS
#HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT "— } AND CORRECT COPY OF AN ACTION TAKEN
AYES: '" NOES: _ AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED VZ4;h
JOHN SW TEN,&ERK OF THE RD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact Person; Jeff Smith, M.D. (370-5113)
CC: Health Services Dept. (Contracts)
Auditor--Controller
Disk Management BY_ �---�� DE#UT
Contractor
TO: BOARD OF SUPERVISORS,AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY
PUBLIC WORDS DEPARTMENT
FROM: MAURICE SHIU,PUBLIC WORKS DIRECTOR
DATE: JULY 13, 2004
SUBJECT: Approve and Authorize a Consulting Services Agreement with Natural Heritage Institute.
(WO#6W 7255,WO#6W 7091, WO#6W 7216)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE and AUTHORIZE the Public Works Director, or designee, to enter into a Consulting
Services Agreement with Natural Heritage Institute in the amount of$155,251, to provide professional
services in support of watershed coordination in East Contra Costa County. (Department of
Conservation Watershed Coordinator Grant Funding, Stormwater Utility Assessment Area Fees)
(District III &V).
Continued on Attachment: X SIGNATURE:
'RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON UULL� t2�I 2Mq APPROVED AS RECOMMENDEI)k OTHER
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT "` }
AYES: `' NOES: -- I hereby certify that this is a true and correct
ABSENT: """ ABSTAIN: copy of an action taken and entered on the minutes
of the Board of Supervisors on the date shown.
ATTESTED: �r} (�.i 1-j, ZLN
TR:cw JOHN SWEETEN,Clerk&the Board
G:\GtpData\FldCtl\Admatisteation\Board OTders\2004 BO\%f3T_DOC Grant BO 7_13_04.doc of Supervisors and County Administrator
Orig.Div: Pubic Works Department
Contaec Tonya Redfield(9251313-2313)
se: CAO
By— C.�(,,Gt,"t,,,-�--�/�.� Deputy
County Counsel �
XBJECT: Approve and Authorize a Consulting Services Agreement with Natural Heritage Institute
DATE: July 13, 2004
PAGE: 2
II. Fiscallmpact:
The majority for this contract will be funded by the Department of Conservation (DOC) Watershed
Coordinator Grant. The County is required to contribute approximately$40,000 in matching funds over a
three year period(June 2004—2007). Matching funds will be covered by Stormwater Utility Assessment
Area Fees. The County General Fund will not be impacted.
III. Reasons for Recommendations and Background:
The County,through a partnership between the Contra Costa Resource Conservation District(RCD)and Natural
Heritage Institute (NHI), applied for a grant from the DOC in November 2003. The County was awarded the
grant($215,959),which will fulfill the following goals:
1. Meet the provisions of the County's State-mandated,National Pollutant Discharge Elimination
System (NPDES)permit provisions.
2. Improve the quality of aquatic habitats in the lower watershed and Delta through an integrated
program of urban stormwater management.
3. Foster local volunteer participation in watershed stewardship and habitat restoration.
4. Improve the quality of water flowing into the Delta through an integrated program of agricultural
tail water and run-off management, water conservation, and wildlife friendly agriculture.
As outlined in the DOC Grant Agreement(available for review upon request),the County will utilizing the
grant funding to support two half-time watershed coordinators who will work collaboratively to achieve the
goals listed above.One coordinator will be employed by the RDC to focus on implementation of agricultural
best management practices (BMPs). The other coordinator will be employed by NHI to focus on urban
stormwater BMPs and engaging the community in local watershed stewardship.
The Purpose of this Agreement is to formalize NHI's role in the grant program.
Contract Tonya Redfield(925/313-2313) for more information or questions about the Program.
IV. Consequences of Negative Action:
Without approval the County will not have sufficient staff to fulfill the grant program requirements and the
grant will be rendered invalid. Thus,the County would not receive reimbursement from the DOC for the
grant program.
CONSULTING SERVICES AGREEMENT
C%A
1. Special Conditions. These Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa County Public Works Department 44
(b) Consultant's Name&Address: Natural Heritage Institute )041
2140 Shattuck Ave., 5th Floor
Berkeley, CA 94704
(c) Project Name, Number& Location:
(d) Effective Date: July 13, 2004
(e) Payment Limit(s):$155,250.89
(f) Completion Date(s): June 30, 2007
(g) Federal Taxpayer's I.D. or Social Security Number:
2. Signatures. These signatures attest the parties'agreement hereto:
Recommended by Department CONSULTANT
By: Maurice M. Shiu, Public Works Director/
Chief Engineer, or Designee
f
By: By:
el-
dory" mas, resident, Corporation
If Corporation, State of Incorporation: CALIg6" A
By:
Fe Hernandez, Chief Financial Officer
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.1180 and
Corps.Code.Sec.313.)The acknowledgment below must be signed by a Notary Public,
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.
C IA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
( On G'�/`lGr f i ' GY �before me,
Name and, of officer(e.g.,'Jane Doe,Notary�Pu/blic")
personally appeared
Name(s)of Signers)
l ❑ nally known to me
eed to me on the basis of satisfactory
evidence
i
to be the person(s) whose name(s) //are
subscribed to the within instrument and
acknowledged to me that fie/they executed
the same in ker/their authorized
r ANDREW ADIKRf BAPI capacity(ies), and that by 4iat4her/their
COMM.#1321730 signature(s) on the instrument the person(s), or
NOTARY PUBL#C-CAUFORNiA6 the entity upon behalf of whic
PLANER.E he person(s)
17 acted, executed the instrum l
( � COMM.EEXP.SPT.T.222?,,22 045
t
WITNESS my hand official sea
natuM of Notary Public
(
OPTIONAL
'Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: NSGt°GT//1/C
��( Document Date: /�.� � Number of Pages:
t
Signer(s)Other Than Named Above:
i
Capacity(les) Claimed by Signer
Signer's Name: 1
� r
❑ Individual Top of thumb here
❑ Corporate Officer—Title(s): l
❑ Partner—❑ Limited ❑General
I ❑ Attorney-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
i
Signer Is Representing:
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) irafesawr4-General_Liab€lity insurance with minimum coverage of$1,000,000 and a
maximum deductible of $50,000; 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, Centra Costa County, 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.
6. Payment, Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix B attached
hereto, which include all overhead and incidental expenses, for which no additional compensation shall be allowed.
Notwithstanding the foregoing, those incidental expenses specifically itemized in Appendix B shall be reimbursable by Public
Agency to Consultant, provided that Consultant submits copies of receipts and, if applicable,a detailed mileage log to Public
Agency. In no event shall the total amount paid to Consultant exceed the payment limit(s)specified in Sec. 1(e)without prior
written approval of the Public Agency. Consultant's billing statements shall be submitted at convenient intervals approved by
Public Agency and shall list, for each item of services, the employee categories, hours and rates. Public Agency will pay
consultant in accordance with the requirements of Civil Code Section 3320 as applicable.
9. Status. The Consultant is an independent contractor,and shall not be considered an employee of Public Agency.
10. Time for Completion.Unless the time is extended in writing by Public Agency,Consultant shall complete all services covered by
this Agreement no Eater 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 Consultants 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. Ownershita 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. E=xtra Work. Any work or services in addition to the work or services described in Appendix A and C 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. bliwAge sial (10,04)of the monies due the Go— feF 049 fulfillme
a-!! woFk undeF this AgFeement, submitted PA_�! 1911"% ftA the publiG_
Agepr.y has found IG be aGGUFate _11,+hheld funds.RubliG Agency will in
awoordaaaGe- 4-the-r q rae +f div' IF-
week. THIS SECTION DOES NQT APPLY TO THl CONTRACT. A FINAL DELIVERABLE IS NOT REQUIRED FOR
PAYMENT.
16. Termination by Public Agency.At its option,Public Agency shall have the right to terminate this Agreement at any time by written
notice to Consultant,whether or not Consultant is then in default.Upon such termination,Consultant shall,without delay,deliver
to Public Agency all materials and records prepared or obtained in the performance of this Agreement,and shall be paid,without
duplication,all amounts due for the services rendered up to the date of termination.
17. Abandonment by-Consultant. In the event the Consultant ceases performing services under this Agreement or otherwise
abandons the project prior to completing all of the services described in this Agreement,Consultant shall,without delay,deliver
to Public Agency all materials and records prepared or obtained in the performance of this Agreement,and shall be paid for the
reasonable value of the services performed up to the time of cessation or abandonment,less a deduction for any damages or
additional expenses which Public Agency incurs as a result of such cessation or abandonment.
18. Breach.In the event that Consultant fails to perform any of the services described in this Agreement or otherwise breaches this
Agreement, Public Agency shall have the right to pursue all remedies provided by law or equity. Any disputes relating to the
performance of this Agreement shall not be subject to non-judicial arbitration.Any litigation involving this Agreement or relating to
the work shall be brought in Contra Costa County, and Consultant hereby waives the removal provisions of Code of Civil
Procedure Section 394.
19. Compliance with Laws. in performing this Agreement, Consultant shall comply with all applicable laws, statutes, ordinances,
rules and regulations, whether federal, state, or local in origin. This includes compliance with prevailing wage rates and their
payment in accordance with California Labor Code, Section 1775.
20. Assignment.This Agreement shall not be assignable or transferable in whole or in part by Consultant, whether voluntarily,by
operation of law or otherwise;provided,however,that Consultant shall have the right to sub-contract that portion of the services
for which Consultant does not have the facilities to perform so long as Consultant notifies Public Agency of such subcontracting
prior to execution of this Agreement.Any other purported assignment,transfer or sub-contracting shall be void.
21 Subcontracting.All subcontracts exceeding$25,000 in cost shall contain all of the required provisions of this contract.Consultant
will pay each subconsultant in accordance with the requirements of Civil Code Section 3321 as applicable.
22. Endorsement on Plans. Consultant shall endorse all plans, specifications, estimates, reports and other items described in
Appendix A prior to delivering them to Public Agency, and where appropriate, indicate his/her registration number.
23. Patents and Copyrights.The issuance of a patent or copyright to Consultant or any other person shall not affect Public Agency's
rights to the materials and records prepared or obtained in the performance of this Agreement.Public Agency reserves a license
to use such materials and records without restriction or limitation,and Public Agency shall not be required to pay any additional
fee or royalty for such materials or records.The license reserved by Public Agency shall continue for a period of fifty years from
the date of execution of this Agreement, unless extended by operation of law or otherwise.
24. Indemnification. Consultant shall indemnify, defend, save, protect, and hold harmless Public Agency, its governing body,
officers, employees, representatives, and agents ("Indemnitees") from any and all demands, losses, claims, costs, suits,
liabilities,and expenses for any damage,injury,or death (collectively"Liability")arising directly or indirectly from or connected
with the services provided hereunder which is caused,or claimed or alleged to be caused,in whole or in part,by the negligence
or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants, or any persons under its
direction or control and shall make good to and reimburse Indemnitees for any expenditures,including reasonable attorneys'
fees and costs,the Indemnitees may make by reason of such matters and,if requested by any of the Indemnitees,shall defend
any such suits at the sole cost and expense of Consultant. Consultant's obligations under this section shall exist regardless of
concurrent negligence or willful misconduct on the part of the Public Agency or any other person; provided, however, that
Consultant shall not be required to indemnify Indemnitees for the proportion of liability a court determines is attributable to the
negligence or willful misconduct of the Public Agency,its governing body,officers,or employees. This indemnification clause
shall survive the termination or expiration of this Agreement.
25. Heirs.Successors and Assigns. Except as provided otherwise in Section 20 above,this Agreement shall inure to the benefit of
and bind the heirs, successors, executors, personal representatives, and assigns of the parties.
26, Public Endorsements.Consultant shall not in its capacity as a Consultant with Public Agency publicly endorse or oppose the use
of any particular brand name or commercial product without the prior approval of the Public Agency's governing board. In its
Public Agency Consultant capacity,Consultant shall not publicly attribute qualities or lack of qualities to a particular brand name
or commercial product in the absence of a well-established and widely accepted scientific basis for such claims or without the
prior approval of the Public Agency's governing board.In its Public Agency Consultant capacity,Consultant shall not participate
or appear in any commercially-produced advertisements designed to promote a particular brand name or commercial product,
even if Consultant is not publicly endorsing a product,as long as the Consultants presence in the advertisement can reasonably
be interpreted as an endorsement of the product by or on behalf of Public Agency. Notwithstanding the foregoing,Consultant
may express its views on products to other Consultants,the Public Agency's governing board,its officers,or others who may be
authorized by the Public Agency's governing board or by law to receive such views.
27. Proiect Personnel. In performing the services under this Agreement, Consultant shall use the personnel listed in Appendix B,
attached hereto and made a part hereof by this reference. Changes in project personnel may only be made with Public Agency's
written consent,and Consultant shall notify Public Agency in writing at least thirty(30)days in advance of any proposed change.
Any person proposed as a replacement shall possess training,experience and credentials comparable to those of the person
being replaced.
28. USE THE FOLLOWING PARAGRAPH FOR FEDERAL AID FUNDED PROJECTS ONLY
Consultants must give consideration to DBE Firms as specified in 23 CFR 172.5(e)
^v:\Crpdata\Admin\Nltchele\FORMS%Csagen over 25000.doc,Form approved by County Counsel(3/00)
G:\GrpData\FldCtl\NPDES\GRANTS\DOC Wtrshd Coord\NHI\Contract\NHl_DC'C grnt GSA 06_21_04.doc
Appendix A
Scope of Services
July 13, 2004 though.Tune 30, 2007
Natural Heritage Institute
Contra Costa County Watershed Program
Department of Conservation Grant Technical Assistance
I. BACKGROUND
The Contra Costa County Watershed Program (CWP),through a partnership between the Contra Costa
Resource Conservation District(RCD) and Natural Heritage Institute (NHI), applied for a grant from
the Department of Conservation(DOC) in November 2003. The CWP was awarded the grant
($215,959), which will fulfill the following goals:
1. Meet the provisions of the County's State-mandated National Pollutant Discharge
Elimination System (NPDES)permit provisions.
2. Improve the quality of aquatic habitats in the lower watershed and Delta through an
integrated program of urban stormwater management.
3. Foster local volunteer participation in watershed stewardship and habitat restoration.
4. Improve the quality of water flowing into the Delta through an integrated program of
agricultural tail water and run-off management, water conservation, and wildlife friendly
agriculture.
As outlined in the DOC Grant Agreement (attached as Appendix C), the grant will support two half-time
watershed coordinator positions who will work collaboratively to achieve the goals listed above. One
coordinator will be employed by the RCD to focus on implementation of agricultural best management
practices (BMPs). The other coordinator will be employed by NHI to focus on urban stormwater BMPs
and engaging local residents in watershed stewardship projects.
The purpose of this Consulting Services Agreement is to outline NHI's role in the Program.
IL SCOPE
A. Department of Conservation Grant Program
1. NHI will perform the following tasks to improve the quality of aquatic habitats in the lower
watershed and Delta through an integrated program of urban stormwater management and
volunteer participation in habitat restoration:
a) NEI will engage local residents in the planning, implementation, and
monitoring of ecosystem restoration, habitat enhancement, and water quality
improvement projects.
b) NEI will incorporate stormwater reduction and water quality improvement
BMPs into the plan, review, permitting, and construction of new development
and into the retrofit of existing urban developments.
B. Other Technical Assistance
2. Provide other technical support to the CWP on an "as-needed"basis to assist with other
tasks related to the County's NPDES programs.
G:\GrpData\FldCthN'PDES\GRANTS\DOC Wtrshd Coord\NHI\Contract\NHI_DOC grnt APDX_A Sep 06_21_04.doc
Appendix B
Professional Rates/Budget
July 13, 2004 though June 30, 2007
Natural Heritage Institute
Contra Costa County Watershed Program
Department of Conservation Grant Technical Assistance
Personnel Expenses
Rate Hours Total
Watershed Coordinator $26.50 2321 $61,498.50
CWP cash match $26.50 755 $20,000.00
Grant Writer(CWP cash match) $65.00_ 154 $10,000.00
Project Manager(CWP cash match) $54 139 $7,500.00
Subtotal $98,998.50
Benefits $19,678.00
Total Personnel $118,676.50
Non-personnel Expenses
Unit Cost Total
Computer(desktop) 1.00 $750.00 $750.00
Digital camera and film 1.00 $250.00 $250.00
Total Equipment $1,€140.06
Nan-personnel Expenses
Unit Cost Total
Mileage 11701.35 $0.34 $3,978.46
Photo copying 5000.00 $0.10 $500.00
Postage 1351.35 $0.37 $500.00
CWP cash match 3378.38 $0.37 $1,250.00
Office Supplies 1.00 $1,000.00 $1,000.00
Rent 18.00 $600.00 $10,800.00
Workshop Attendance 0.50 $2,400.00 $1,200.00
Reference Materials 0.50 $500.00 $250.00
Telephone Services 0.50 $1,800.00 $900.00
Total Non personnel $20,378.46
Administrative Expenses
Administration $15,195.93
Total Administrative Expenses $15,195.93
TOTAL BUDGET $155,250.89
DCS Stag of California - The Resources Agency
(NEW 2-2"1) DEPARTMENT OF CONSERVATION
BRANT AGREEMENT
GRANTEE: Contra Costar County Public Works Department
PROGRAM:Watershed Coordinator Grant Program GRANT NUMBER: 3003-569 AM.NO.:
MAXIMUM AMOUNT OF THIS GRANT: $215,959.00
The Department and the Grantee hereby agree to the following:
(1)This Grant Agreement specifies the terms and conditions for funding a Watershed Coordinator as awarded by the
Department of Conservation's Division of land Resource Protection. This grant has been awarded as a result of a proposal
received in response to the Program's Watershed Coordinator Grant Program 2004 Request for Proposals.
(2)The grant term shall begin on the date upon which both parties have signed this Grant Agreement and end 3 years later,but
no later than,lune 30,2007.
(3)The Terms and Conditions of this Agreement,including the Grant Summary at Exhibit A,the Budget at Exttibit B,the
Implementation Schedule at Exhibit C,and the Grantee Certification of Compliance at Exhibit D,are hereby made part of and
incorporated into this Agreement.
(4)The amount of this Grant Agreement shall not exceed$215,959.
STATE OF CAUFORNIA
IUA
County Public� Qcks r>Aoartment
DEPARTMENT OF CONSERVATION
AtfrHoRt7m TUBE DATE ATURE t7ATE
Dennis J. O'Bryant, Acting Assistant Director Maurice Shiu, Public Works Director
PRINTED NAME ANC TITLE III PRINTED NAME AND Tr'LE
CERTIFICATE OF FUNDING
AMOLIW ENDUMR£aE7 MOGRMA"nOCRY FUND TITLE
SY rem DOCUMENT I AM TMA1
$215,959.00 Program 99 Charing Acct General Fund
11 , FICANUMM
Pacts AMOUNT ENCLIMSRED FOR TM AORMONT 3100 FY 03104 34559-$11,99S
FY 0`4105 34539-$71,986
$0.00 FY 03106 34359-$71,986
FY OSr07 34559-$62,989
item CMAPM WATUM FECALYEAR
3480-001-0001: $8,998 157 2003 2003-04
Pending Budget Approval: $71,986 Pending Budget 2004-05
TOTAL AMOUNT ENCUMBERED TO DATE Pending Budget Approval: $71,986 Pending Budget 2005-06
Pending Budget Approval: $62,989 Paneling Bud t 2006-07
�2��,a��yy 7��.VCI�yry OWECTOREXPERM"mom ANDT1f E)
702.16
1 NEREBY CERTIRY UPON BY mm PERSONAL IN OWLaWr THAT BUOOETW MW ARE AVALLABLB POR TNS MMOO AND PURPOSE Of TI!EIPENORURE STAYED ABOVE.
SIGNATURE OF ACCOUNTWOOR!{CER DATE Y8A Nn. BFI.Nc.
/Cf
Q GANTEf= DEPARTMENT OF CDNMRVA'n0N ❑CONnR U.ER grant ApraemBrd COW srlBot
California Department of Conservation-Division of Land Resource Protection
2004 Watershed Coordinator Grant Agreement
Contra Costa Public"Works Department
Grant Number:3003-559
TABLE OF CONTENTS
TERMS AND CONDITIONS:
1. Grant Authority and Term
2. Grant Manager
3. Scope of Agreement
4. Modification-Changes
5. Subcontractors
6. Ownership of Property and Equipment
7. Stop Work Notice
8. Discretionary Termination
9. Budget Contingency
10. Disputes
11. Publicity and Acknowledgment
12. Copies of Data,Plans and Specifications
13. Site Visits
14. Governing Law/Locus
is. Insurance
16. Liability Indemnification and Waiver
17. Assignment
18. Grantee Independence/Not an Agent of the State
19. Severability/Unenforceable Provision
20. Timeliness
21. Discharge of Grant Obligations
22. Certification Clauses
23, .Breach of Conditions/Remedy for Default
24. Competitive Bid Requirements
25. Conflict of Interest, Self-Dealing,and Need for Arm's Length Transactions
26. Recordkeeping Requirements
27. Audits
28. Payment
29. Reimbursement Limited to Net Costs
30. Invoicing
31. Administrative Costs
32. Match
33. Travel
34. Documentation of Time Spent
35. Reports
EATS:
A. Chant Summary
B. Budget
C. :implementation Schedule
D. Grantee Certification of Compliance
Page I of 16
California Department of Conservation—Division of Land Resource Protection
2004 Watershed Covr&nator Grant Agreement
Contra Costa Public Works Department
Grant lumber. 3003-559
2004 Request for Proposals(RFP)entitled,"Watershed Coordinator Grant Progran,"and the Grantee's
proposal submitted in response to the RFP,are incorporated herein by reference.To the extent that any
conflicts or inconsistencies exist between the term and conditions of this Agreement,including the
attached exhibits,and either the RFP or the Granteee's proposal,the terms and conditions of this
Agreement shall prevail and be.controlling.
4.Modifications-Changes:No amendment or variation of the germs of oris Agreement shall be valid
unless made in writing,agreed to and signed by both parties.Major changes to the grant including,but
,not limited to,increases or decreases to the overall grant amount and substantial revisions to the Grant
Summary,require formal amendment of this Agreement. Changes such as budget line item revisions of
less than 51,000,minor task modifications,management staff adjustments,and minor changes in the
Grant Summary may not require amendment of the Agreement;however,the Grantee shall obtain prior
written approval from the Grant Manager before making such changes.All change requests shall be made
in writing and include a description of the proposed change and the reasons for the change.
5.Subogytraetors: (a)The Grantee shall be entitled-to make use of its own staff and such
subcontractor(s)as are mutually acceptable to the Grantee and the Department.All subcontractor(s)
specifically identified in the Grant Summary are considered to be acceptable to the Department.Any
change in subcornt ructor(s)or change.as to how the Grantee intends to use the services of a subcontractor
shall require either a formal amendment of this Agreement or written change order.All.approved
subcontractors shall be managed by Grantee subject to the terms and conditions of this Agreement.
Nothing contained in this'Agreemenrt or otherwise shall create any contrachial relation between the
Department and any subcontractors and no subcontract shall relieve Grantee of its responsibilities and
obligations under the terms of this Agreement.Grantee agrees to be hilly responsible to the Department
for the acts and omissions of its staff, subcontractors and of persons either directly or indirectly employed
by them.Grantee's obligation to pay its subcontractors is an independent obligation from the
Department's obligation to makepayments to Grantee.
Grantee shall manage and hereby accepts responsibility for the performance of all subcontracts arising out.
of or in connection with this Agreement.Grantee shall monitor subcontractor's performance of the terms
and conditions set forth herein. Grantee and its subcontractors shall conduct all work consistent with
professional standards for the industry and type of work being performed under the Agreement.The
Grant Manager,without waiver of other rights or remedies,may require Grantee to re-perform any of said
services not performed in accordance with these standards.Costs and expenses for defective services,for
failure to meet the tears and conditions of the Agreement or for any redundancy that occurs due to
inadequate subcontractor services shall be borne by Grantee.
6.Ownershin of Pro ertv and Egipurentz The Parties agree that the Departnrennt shall held and retain
throughout the term of this Agreement rights to and interest in personal property,including equipment,
purchased with funds provided through this Agreement. In the event this Agreement is terminated before
full performance and completion of all activities and work authorized and fronded herein,the Grantee
shall,within thirty(30)days of Grantee's receipt of a written demand from the Department:,surrender
possession of and any rights to all such property specified in the Department's written demand.After June
30,2007,and upon the Department's.determination than:Grantee has complied with all terms and
conditions of this Agreement and has completed all Grantee obligations reflected herein,the Department
shall relinquish to the Grantee any and all rights to,and interests in,personal property,including
equipment,purchased with fnttnnds provided through this Agreement.
Page 3 of 16
California Department of Conservation—Division of Land Resource Protection
2004 Watershed Coordinator Grunt Agreement
Contra Costa Public Works Department
Grunt lumber: 3003-559
(c)Before any materials or other publications fimded in whole or in part pursuant to this Agreement are
published,Grantee shall provide the Department with an opportunity to review any and all references to
the Department or the program and laws that it administers in such materials and publications.
12.Copies of Data.Plans and Snecifications:The Grantee shall,at the request of the Department or as
specifically directed in the Grant Summary at Exhibit A,herein,provide the Department with copies of
any data,design plans,specifications,maps,photographs,negatives,audio and video productions,films,
recordings,reports, findings,recommendations.and memoranda of every description or any part thereof,
prepared under this Agreement.
The State of California.shall have the-right to copy and distribute said copies in any manner when and
where it may determine without any claim on the part of the Grantee,its vendors or subcontractors to any
additional.compensation.
13.Site Visits:The Department may conduct periodic site visits,at its own expense,to monitor progress
during the grant term.Also,interim oral or written progress reports maybe required to supplement the
more formal status reports.
14.Governing Law{Locus:This Agreement is governed by,and shall be interpreted in accordance with,
the laws of the State of California.For the,purpose of any.litigation related to and/or challenging any
aspect of this Agreement or performance-thereunder,the locus is Sacramento,California.
15./insurance:The Grantee shall obtain and keep in force for the.term of this Agreement, and require its
subcontractors to obtain and keep in force,the following insurance policies that cover any acts or
omissions of the Grantee,or its employees engaged in the provision of services or performance of
activities funded pursuant to and specified in this Agreement
a.Worker's Compensation Insurance in accordance with the statutory requirement of the State of
California.
b.Commercial general liability insurance in the amount of$1,000,000 per occurrence and aggregate for
bodily injury and property damage.
c.Automobile liability in the amount of$1,000,000 for each accident for owned or non-owned or hired
vehicles,,whichever is applicable. .
The Grantee shall name the State of California,its officers,agents,employees and servants as additional
insured parties for all insurance required and is responsible for guaranteeing that a copy of each
Certificate of Insurance is submitted to the Department within thirty(30) days of grant signature.
The certificate of insurance shall state a limit of liability of not less than$1,000,000 per occurrence for
bodily injury and property damage combined.
The Grantee shall notify the Department prior to any insurance policy cancellation or substantial change
of policy.
16.Likability Indemnification and Waiver. (a)Grantee agrees to indemnify,defend and save harmless
the State, its officers,agents and employees from any and all claims and losses accruing or resulting to
any and all contractors,subcontractors,suppliers,laborers,and any other person,firm or corporation
furnishing or supplying work services,materials,or supplies in connection with the perfornizince of this
Agreement,and from any and all claims and losses accruing or resulting to any person,firm or
Page.5 of 16
California Department of Conservation—Division of Land Resource Protection
2004 Watershed Coordinator Grant Agreement
Contra Costa Public Works Department
Grant Number:3003-559
EXP'ENDMJRE,PAYMENT,REPORTING AND RECORDICEEPING PROVISIONS
24. CouYnetitive laid Requirements. Before making purchases of$500 or more for goods(including
eec uivnnent)or services authorized in the Budgoet at Exhibit B Grantee shall secure at•least three
competitive bids or`rice quotes.Grantee shall purchase such goods or services from the lowest qualified
bidder or pay the difference between the low bid and the one selected,without using funds obtained
pursuant to this Agreement. Grantee shall maintain documentation of the competitive bid process used.
This competitive bid requirement may be waived upon Grantee certification that due to the unique nature
of the goods or services a sole source purchase is justified.Failure to comply with competitive bid
requirements may result in the Department disallowing reimbursement of some portion or all of the
related costs and/or other remedies for breach pursuant to Clause#23 above.
25. Conflict of Interest,Self-Dealing,and Need for ArWs Length Tmnsactions. Grantee shall act in
accordance with the fiduciary duty attached to the receipt and expenditure of grant moneys intended to
benefit the public:Consistent with that fiduciary duty and the public trust from which it flows,Grantee
shall ensure the proper expenditure of all grant moneys for which reimbursement is sought pursuant to
this Agreement.
All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of
arm's length transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or
any employee or agent of the Grantee. For purposes of this provision,"arm's length transactions"are
those in which both parties are on equal footing and fair market forces are at play,such as when multiple
vendors are invited to compete for an entity's business and the entity chooses the lowest of the resulting
bids. `Self-dealing"is involved where an individual or entity is obligated to act as a trustee or fiduciary,
as when handling public fiords,and chooses to act in a manner that will benefit the individual or entity,
directly or indirectly,to the detriment of,and in conflict with,the public purpose for which all grant
moneys are to be expended.
26.Recor ftgning Requirements: (a)Grantee shall establish an official file for the project` The file
shall contain documentation of all actions taken regarding this grant.
(b)Grantee shall establish separate ledger accounts for receipt and expenditure of grant funds and
maintain expenditure detail in accordance with the approved budget detail. Separate bank accounts are not
required.
(c)Grantee shall maintain financial records in accordance with generally accepted accounting principles.
Grantee.shall maintain adequate supporting documentation in such detail so as to provide an audit trail of
receipts,expenditures and disbursements.Grantee's records will permit tracing transactions from support
documentation to the accounting records to financial reports and billings. Such documentation shall
include proof of all match contributions,including identification of the source of each and every such
contribution,and may include,but shall not necessarily be limited to, subsidiary ledgers,payroll records,
vendor invoices, canceled checks,bank or other financial account records,consultant contracts and
billings,volunteer rosters and work logs,and lease or rental agreements. Such documentation shall be
readily available for inspection,review and/or audit by the Grant Manager or other representatives of the
State,
(d) Subcontractor(s)ennployed by the Grantee and paid with moneys under the terms of this Agreement,
shall be responsible for maintaining accounting records as specified above.
Page 7 of J6
California Department of Conservation—Division of Land Resource Protection
2004 Watershed Coordinator Grant Agreement
Contra Costa Public Works Department
Grant Number: 3003-550
shall not sign invoices.If there is a question as to the authority of the signer,which cannot be resolved to
the satisfaction of the.Department,the invoice will not be paid.
Each invoice is subject to approval by the Grant Manager and DLR 'Management,and possible audit by
the Accounting Office and.the State Controller before payment may be disbursed.If an invoice is
questioned by the Department,the Grant Manager shall contact the Grantee within fifteen(15)working
days of receipt of the invoice.Undisputed invoices take approximately six.(6)weeks for payment.
Mail an oril6nal signed invoice,with all sumort d curnentation andmatch certificatio fo and two
(2)copieg of everything:to the following address:
.Department of Conservation
Division of Land Resource Protection
Attn:Robert Shun
801 K Street MS 18-01
Sacramento,CA 95814
31.Administrative Costs: The Department may reimburse administrative costs pursuant to the Budget
located herein at Exhibit B.Grantee shall bill for reimbursement of such costs by including a separate
"administrative cost"line item on monthly or quarterly invoices submitted to the Department.The
amount of administrative costs billed on each invoice shall not exceed 15 percent of the amount being
requested from the Department on that invoice.If,upon reviewing a submitted invoice,the Departmmrit
determines that an adjustment to the amount of direct costs billed is warranted,it may make proportional
changes to the amount billed for administrative costs.
32.Match:Grantees shall provide the cash and in-kind match amounts reflected in the Budget attached
as Exhibit B.Match contributions may be provided throughout the grant term.Grantee understands and
agrees to all of the following:
(a)Only those cost items eligible for reimbursement pursuant to the Budget at Exhibit B in this
Agreement may be used for match.For example,costs incurred before the Parries sign this Agreement
may'not be used for match because such costs would not be eligible for reimbursement,having been
incurred outside the grant term.
(b)Match contributions shall come from a non-CALFED source such as private,city,county,state or
federal cash or in-kind contributions.
(c)Grantee hereby acknowledges and understands that the Department cannot be expected to anticipate or
know of funding constraints,requirements and criteria associated with other grant programs. It is the
responsibility of the Grantee,when considering use of firnds or other contributions from such sources for
match,to consult with other grantors andfunding sources to ensure that such use is acceptable,
appropriate and consistent with all applicable laws and administrative requirements.
(d)Match contributions,whether cash or in-kind contributions,shall be reflected in monthly or
quarterly invoices as they are expended by Grantee. A cumulative accounting of all match
contributions shall be provided in Quarterly Status Reports and at the end of the grant term as pant of the
Final Report.
Page 9 of 16
California Department of Conservation-Division of Land Resource Protection.
2004 Watershed Coordinator Grant Agreement
Exhibit A
GRANT SUMMARY
This grant is for the purpose of funding a Watershed Coordinator position for the Contra Costa Public
Works Department(Grantee).The watershed that is intended to benefit from the activities of the
Grantee's Watershed Coordinator is(are)the San Joaquin Delta Watershed(s) [reference#(s) 18040003].
1.-Goals and Objectives:The Grantee's goals in accepting funding and hiring a watershed coordinator
pi meant to this Agreement are those stated in the Grantee's proposal and are incorporated herein by
reference.The Grantee's work plan goals and objectives are outlined in the Grantee's proposal and are
also incorporated herein by reference.
II.Work Plan and Performance;Measures: Grantee shall meet the above-referenced goals and
objectives by substantially following the Work Plan included in Grantee's proposal and incorporated
herein by reference. Grantee shall measure its success in meeting the stated goals and objectives through
the use of performance measures established therein.
Grantee acknowledges and agrees that receipt of grant funds pursuant to this Agreement is contingent
upon Grantee modifying performance measures reflected in the attached work plan to the Department's
satisfaction within 60 calendar days after both parties have signed this Agreement,if so requested.
Grantee's failure to comply with this condition may result in cancellation of this Agreement and award of
the associated grant funds to another applicant.
III.Rte:The Grant Manager will provide grantees-with templates that are to be used for submitting
all required reports.All reports shall be submitted electronically and via hard copy.Reports shall be
submitted.in a timely manner in accordance with the Implementation Schedule at Exlu'sit C. All reports
shall list the Grantee name,mailing address, and phone number.The grant number,date, and reporting
period.The preparer's name and title,phone number and email address.
A.Quarterly Status Retorts:Grantee shall file Quarterly Status Reports with the Department.
Quarterly Status Reports shall cover three(3)months of work and be postmarked no later than the dates
specified in the Implementation Schedule at Exhibit C.A separate Quarterly Status Report is not required
for the last quarter of each yearly cycle,as that information shall be incorporated into the Annual or Final
Report. Submit one electronic copy and one hard goy of each report.Double-sided reports are
acceptable.At a minimum,Quarterly Status Reports shall provide the following:
1)Work Plan progress
2)Bulleted summary of major accomplishments and achievements for the quarter
3)Status on achieving performance measures
4)Short narrative report
5)Copies of all materials produced to date during the quarter
6)If available,photos of events coordinated by the watershed coordinator. Digital forrmat preferred.
7)If applicable,a list of all grant proposals resulting from the watershed coordinator's efforts.
Identify which proposals have been approved for fiinding.List the title of the grant program,the
amount requested,the amounted funded,and a grand total. .
B. Annual Status Reports: Grantee shall file Annual Status Reports with the Department. Annual Status
Reports shall cover work done over the entire year and be postmarked no later than the dates specified m
the Implementation Schedule at Exhibit C.A separate Annual Status Report is not required for the last
year,as that information shall be incorporated into the Final Report. Submit one electronic cM and one
Page 11 of 16
California Department of Conservation Division of Land Resource.Protection ;
2004 Watershed Coordinator Grant Agreement
Contra Costa County
Grant Number. 3003-559
Exhibit B
Budget
Total Budget DOC in-kind Cash
WC Salaries and Benefits
Watershed Coordinator
(6,240 hrs @ 26.50/hr(ayg)) 1.65,360 122,997 42;363
Benefits 35,356 39,356
Other Personnel Costs
Civil Engineer 120 hrs 0 $150/hr 18,000 181000
District Conservationist 600 hrs @ $50/hr 30,000 130,000
Watershed S eciahst 218 hrs 0 37.65/hr) 7,500 7,500
Education Speicalist 140 hrs @ 53.35/hr) 5,000 51000
Park Planner(154 hrs-0 $491hr) 7,500 7,500
Equipment
Computer 1,500 ?50 750
Digital Camera 678 250 428
Operating Costs
Mileage 5,938 5,338
Photo co in 1,000 1_,000
Pastae 3,500 1,000 1 2,500
Office Supplies 1,750 1,000 750
Rent 13,725 10,800 2,925
Workshop Attendance 21400 2,400
Reference Materials 500 500
Tele hone Services 1900, 1,800
Subtotal 305,507 187,791 69,178 48,538
Administration 28,168 28,168
TOTAL 333,675 215,9591 69,178 48,538
Page 13 of 16
California Department of Conservation-Division of Land Resource Protection
2004 Watershed Coordinator"Grant Agreement
Exhibit D
GRANTEE CERTIFICATION OF COMPLIANCE
By signing:this Agreement,Grantee certifies that it is in compliance with all of the following requirements,to the
extent that each is applicable:
1.Americans with Disabilities Act.Grantee assures the State that it complies with the Americans with Disabilities
Act(ADA)of 1990,which prohibits discrimination on the basis of disability,as well as all applicable regulations
and guidelines issued pursuant to the ALTA.(42 U.S.C. 12101 et seq.)
2.Nondiscrimination Clauses During the performance of this Agreement,the Grantee and its subcontractor(s)shall
not discriminate,harass,or allow harassment against any employee or applicant for employment because of sex,
race,color,ancestry,religious creed,national origin,physical disability(including HIV and AIDS),mental
disability,medical condition(cancer),sexual orientation,marital status,and denial of family care leave. Grantee and
its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment
are free.from discrimination and harassment.Grantee and its subcontractors shall comply with the provisions of the
California pair Employment and Housing Act(Government Code, Section 12900 et sec}.),and the regulations
promulgated there under(California Administrative Code,Title 2,Section 7285 et seq.).The applicable regulations
of the pair Employment and Housing Commission implementing Government Code Section 12990(a-f),act forth in
Chapter 5 of'Division 4 of Title 2 of the California Code of Regulations,are incorporated herein by reference and
made a part hereof as if set forth in full
.Grantee and its subcontractor(s)shall give written notice of their obligations under this clause to labor organizations
with which they have a collective bargaining or other agreement
Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform
work under the-grant.;
3.Recycline Certification.The Department has's procurement policy that sets purchase goals for,.and favors the
purchase o�products containing recycled content,both post-consumer and secondary waste.When.rising grant
funds to purchase paper products,fine printing and writing paper,plastic,glass,oil,compost and co-compost,
solvents and paint,tire-derived.products,and retread tires;the Grantee shall make a•reasonable effort to purchase
products containing recycled content.Grantee shall report any and all.such purchases in status and final reports
required pursuant to this Agreement
4.Drug-Free Workplace R.eauirements:Grantee will comply with the requirements of the Drug-Free Workplace
Act of 1990(Government Code section 8350 et seq.)and will provide a drug-free workplace by taking the following.
actions.
(a)Publish a statement notifying employees that unlawful manufacture,distribution,dispensation,possession or use
of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
(b)Establish a Drug-Free Awareness Program to inform employees about:
1)the dangers of drug abuse-in the workplace;
2)the person's or organization's policy of maintaining a drug-free workplace;
3)any available counseling,rehabilitation and employee assistance programs;and
4)penalties that may be imposed upon employees for drug abuse violations.
(c)Every employee who works on the Agreement will:
1)receive a copy of the company's drug-free workplace policy statement;and
2)agree to abide by the terms of the company's statement as a condition of employment on the Agreement
Page 15 of 16
Proposal Cover Sheet (page 1)
Attach to front of proposal
Applicant: Contra.Costa County Public Works Department
Address: 255 Glacier Drive
Martinez C.A.94553
Contact Person: Ton a Redfield
Email: tredfiel@Xw.co.contra-costa.ca.us _ Phone: (925)313-2313
Fax: (925)313-2333 Federal Employer ID 4: 94-6000509
Requested Amount$: $215.959 Match Amount$: in-kind: $90,678 cash: $66,038 total: $156,716
Watershed name(s)from Appendix A: San 3ogguin Delta
8-Digit'Watershed hydrological Unit Catalog(hUC) Code(s): 18040003
Check the box which best describes the location of the watershed:
Watershed.drains to the Bay-Delta(located within green area on map)
❑ Watershed imports water through the Bay-Delta(located within gold area on map)
Watershed outside CALFED Solution Area(located within gray area on map)
Check all CALFED Programs supported in addition to the Watershed Program:
Water Use Efficiency* D� Science
�( Ecosystem Restoration Q Levee System Integrity
(Drinking Water Quality ❑ Storage
Conveyance ❑ Water Transfers
* Watersheds that import water through the Bay-Delta must support the Water Use Efficiency Program
NARRATIVE PROPOSAL: San Joaquin Delta Watershed,HUC #18040003
A. Executive Summary
The San Joaquin Delta Hydrological Unit Catalog(HUC) is arguably the most important place to
focus resources in support of CALFED's drinking water and ecosystem restoration programs.
The low-lying watershed lands of east Contra Costa County are intensively farmed and are some
of the most rapidly urbanizing lands in California. Drainage from these lands pollute Delta
drinking water with salts, dissolved organic carbon, and other pollutants. The rapid pace of
urbanization will only hasten water quality degradation. Yet, the watershed is still home to a
multitude of threatened and endangered species, and it encompasses some of the most promising
ecosystem restoration opportunities in the Delta including the Dutch Slough Tidal Marsh
Restoration Project-CALFED's largest project. This proposal seeks funding to implement water
conservation and other BMPs to reduce the quantity and improve quality of agricultural and
urban run-off. It will also implement a suite of watershed programs to engage residents in the
planning, implementation, and monitoring of several exciting restoration and water quality
improvement projects currently in the planning or implementation phase.
B. Watershed Location: San Joaquin Delta Watershed(18040003). See attached map.The
watershed coordinator will work in Contra Costa County.
C. Current Watershed Conditions/Potential Benefit to the Watershed
East Contra Costa County in the San Joaquin Delta watershed is one of the fastest urbanizing
watersheds in California;polluted run-off from this rapidly changing watershed flows directly
into the Delta.—the water supply for over 20 million people and habitat for numerous endangered
species. The California Unified Watershed Assessment identified the watershed as a priority,
category 1 watershed. Despite serious water quality problems associated with run-off from mine
tailings, agricultural lands, and urban areas(Slotton et al. 1997;NHI 2003; Ibis Environmental),
the watershed supports numerous endangered and declining aquatic species including Delta
smelt, Sacramento splittail,chinook salmon, giant garter snake,red legged frog„ and western
pond turtle(CNDDB). Numerous unique special status terrestrial plant and animal species also
occur in the watershed including California black rail, yellow breasted chat,burrowing owl,
legless lizard, white tailed kite, Swainson's hawk, Antioch dune primrose, and Contra Costa
wallflower.
Agriculture is an important element of the landscape, economy, and cultural heritage of east
Contra Costa County. The County Agricultural Core Area comprises approximately 10,000
acres, which is all located within the San Joaquin HUC. While this area is blessed with a fine
growing climate, good soils and ample water, there is an economic difficulty of farming in this
urbanizing context. Expensive land and labor,proximity of new urban development and
residential populations,low commodity prices, and strong competition all contribute to making
local farming a complex and difficult business. There is a critical need to provide farmers and
ranchers with technical assistance so they can afford to keep their lands in agriculture while still
meeting the Regional Nater Quality Control Board's (RWQCB)new requirements for
improving the quality of runoff from irrigated lands.
A variety of agencies and organizations are currently planning and implementing numerous
projects in the watershed to reduce stormwater pollution,reduce flood damage, maintain high
quality drinking water,protect and conserve agricultural land and open space, and restore
(NR.CS)have a proven track record of success providing assistance to these landowners. DWR
recently purchased the 1,200-acre Dutch Slough site, CALFED's single largest project.
Implementing the Dutch Slough project in a way that garners local support and avoids third party
impacts is critical to the overall success of the CALFED Ecosystem Restoration program. Many
of the urban residents to the watershed are newcomers with young families who have not yet
become active in civic life community programs. Dutch Slough and other restoration projects are
great opportunities to reach out to these new families and get them involved in community
programs that conserve natural resources and teach technical skills.
The watershed related goals of the Contra Costa County Clean Water Program(County) and
those of our primary partners are identified in Table 2. Although the County has invested heavily
in achieving these goals, expansion of the program is currently precluded by a Countywide
hiring freeze.The partnership envisioned in this proposal will allow us to continue our progress
to date and draw on the expertise of our partners to work with constituency and program areas
where the County is currently deficient. Specifically,the RCD's relationship with the agricultural
community will assist efforts to decrease agricultural tail water, while NHI's experience with
habitat restoration in the watershed will enable us to better integrate our water quality and habitat
conservation goals.
D. Work Plan Discussion
The watershed coordinator position will focus on an a set of goals and objectives that reflect the
primary watershed objectives of the Contra Costa County General Plan,the County Stormwater
Management Plan,and the restoration goals and objectives for:Marsh Creek and Dutch Slough,
all of which are described in Table 2. To achieve the greatest benefit, the watershed coordinator
position will focus on improving land management,water quality, and habitat in the lower
watershed lands. The lower watershed areas currently have the greatest impact on Delta water
quality and habitat and are under the most pressure from intensive agriculture and rapid
urbanization.
The County will divide the coordinator into two half-time positions and contract to the RCD and
NHI. The RCD and NII will work collaboratively,while at the same time focusing on their
specific areas of expertise. The halftime watershed coordinator employed by the RCD will focus
on implementation of agricultural best management practices(BMPs). The other half-time
coordinator employed by NHI will focus on urban stormwater BMPs and engaging local
residents in the planning, implementation, and monitoring of habitat restoration and water quality
improvement projects. The overall goals and objectives that the two half-time watershed
coordinators will focus on are:
Goal#1: Improve the quality of aquatic habitats in the lower watershed and Delta through an
integrated program of urban stormwater management and volunteer participation in habitat
restoration.
'Although improved management in the upper watershed could yield benefits,much of these lands are in pudic
ownership and their hydrologic processes are somewhat disconnected from the lower watershed by Marsh Creek and
Los Vaqueros reservoir.Erosion of mercury mine tailings in upper Marsh Creek is an important problem that we
have chosen not to address due to lack of resources,liability problems associated with the lack of good Samaritan
provisions for mine clean-up by third parties,and lack of certainty about whether the owner of the mercury mine site
wishes to participate in the necessary study and planning efforts that are requisite to remediation.We will,however,
coordinate with the Flood Control District in their efforts to plan modifications to Marsh Creek Reservoir to reduce
downstream flooding and mercury contamination.
facilities in Contra Costa County.NRCS and Flood Control District personnel suggest that the
RCD half-time coordinator focus on these objectives to serve the needs of local irrigation and
reclamation district members who are struggling to improve water management on their lands.
Reclamation District 800 has already asked the Flood Control District for assistance managing
Kellogg Creek drainage and sediment that flows into its boundaries. The Byron-Bethany and the
East Contra Costa Irrigation District have similarly requested assistance from the RCD and
MRCS to improve water use efficiency and reduce polluted tail water discharge. These efforts
will be coordinated with the CCWD drainage management efforts recently funded by CALFED
to reduce the load of salts, dissolved organic carbons, and other pollutants that drain to the Delta
near the drinking water intakes. Assisting agricultural landowners to meet their water
management challenges will help key agriculture viable and thus stein the tide of urbanization
along the Delta shoreline.
Performance Measures. It is unrealistic to predict that the watershed coordinator position will
yield measurable benefits to water quality in the next three years both because there is almost no
baseline data(Dave Briggs, CCWD pers. com. 2004) and because it will take 3-5 years before
the project will have an impact on water quality under the best of scenarios. In response to this
lack of data,we have developed long-term and short-term performance measures to measure our
progress during the life of the grant and to collect baseline data necessary to measure our impact
over the longer term. Over the short term,we will measure performance by the number of
agricultural and stormwater BlV1Ps implemented or incorporated in the permitting process, and
the area of land upon which they are implemented. Over the long term, we will measure water
quality improvement in the reduction of total dissolved solids (a key, easily measurable water
quality parameter) as monitored by CCWD and through macro invertebrate diversity and
integrity. We will build upon the County's fledgling macro invertebrate sampling program to
measure change in species richness and pollution tolerance according to the Index of Biological
Integrity. County biologists and NHI scientists will train volunteers in the rapid bio-assessment
method using kick-net samples of benthic macro invertebrates that will be sent to the lab for
analysis. For Objective 1A,we will measure performance by the number of residents who
participate in our quarterly Friends of the Watershed programs to plan, implement, and monitor
restoration projects.
Sustainability: This proposal seeks to ensure the sustainability of the program by building local
capacity and support for watershed management and enhancement programs. The County has
provided matching funds, in part,to fund grant applications that will sustain the project in the
years ahead. Finally, the Flood Control District provides the County revenues from taxes on new
developments that should enable them to sustain the program at some basic level in the future.
E. Support of CALFED Bay-Delta Programs
The east Contra Costa portion of the San Joaquin Delta HUC is a condition 1 watershed that
drains to the Sacramento-San Joaquin Delta. The watershed is arguably the most important place
to focus resources in support of CALFED's drinking water and ecosystem restoration programs.
The water quality provisions of this grant will directly and measurably achieve several of
CALFED's drinking water and ecosystem restoration goals. It will protect ecological water
quality and advance restoration of CALFED target species at Dutch Slough(CALFED's largest
project),reduce the proliferation of exotic plant species, advance restoration of Chinook salmon
in Marsh Creek, and promote wildlife friendly agriculture—all goals or objectives of the
Table 2: Strategic Watershed Goals of the Contra Costa County, RCD, and NHI
Contra Costa County General Plan
a To preserve and protect the ecological resources of the County.
* To conserve the natural resources of the County through control of the direction,extent and timing of urban
growth.
• To achieve a balance of uses of the County's natural and developed resources to meet the social and economic if
needs of the County's residents,
Contra Costa County Stormwater Management Plan
Watershed Management Section Goals
• Develop tools and compile information needed to identify and help solve water quality and beneficial use i
impairment problems in specific creek drainage basins.
* Identify environmental assessment methods applicable for evaluating stonnwater impacts and management
programs.
• Build grass roots stewardship for local creeks, estuaries, and lakes by supporting cleanup, aquatic habitat
protection,and restoration projects.
Public Education and Industrial Outreach Goals
a Educate the general public and businesses about the causes and effects of stormwater pollution.
* Educate the general public and businesses about our local watersheds and solicit their participation for ongoing
creek protection and restoration efforts.
* Educate and encourage residents and businesses to adopt less polluting and more environmentally sensitive
practices into their daily lives,
New Development Goals
• Provide guidance to agencies on cost-effective stormwater quality controls for new and re-development
projects,and communicate the information to developers,owneribuilders,and cotractors.
• Incorporate stormwater quality controls - including good planning practices to minimize increases in
impervious cover-into development plan review and permitting.
• Require compliance with new development and construction site BNIPs.
• Continually track, evaluate and improve efforts to control stormwater quality and beneficial use impacts of
development.
Contra Costa Resource Conservation District,Strategic Long Range Plan 2000-2004
• Reduce non-point source pollution.
• Encourage efficiency in water use.
• Reduce damage caused by excessive erosion.
• Facilitate the development of watershed management plans.
• with communities to develop flood control and �= emqn
Coordinate Ln tplans.
Recommendations of the Marsh Creek Report by NHI and Delta Science Center:
• Protect a corridor of undeveloped land along Marsh Creek and its tributaries through the urbanizing area of
Brentwood,Oakley,and Antioch.
• Encourage developers to design new development to feature Marsh Creek as an important natural amenity.
• Work with cities and developers to implement existing park set-aside programs in a manner that creates a
greenbelt along creeks.
• Work in collaboration with developers to regrade and expand the creek (flood control) channels to
accommodate restoration as develginent proceeds.
Dutch Slough Restoration Goals by Coastal Conservancy,DVVR, and NHI
• Implement a large-scale,locally supported restoration project that will serve the local and regional community
with shoreline access as well as educational,recreational,and econqn�uc ppnortunitigs.
• Reestablish natural ecological processes and habitats that benefit native species and minimize
anthropomorphic stressors that harm native and harvestable species.
• Significantly contribute to scientific understanding of ecological restoration through experimentation and
monitoring-under an oda five mane ement framework.
............... .....................
..........
cu
v
cn
.w,
cn
ea °•a j
E '
�-•+• W �` Cmc � C:� +.""r' !y !�. ,..h O t�
-e
h CC .� GS.0Q C�.t '3w py j(14 @ .
�-+ tP 3 -r
wSSS... @ ps "" � � cin � "�".E}� �• CO
cnCL
CSS
'v n
�$ ;w�'.r. CCDCD
co
CD A2
CD
Qt
CDK*
cu
C - � E. i
co w CSD CD
o CD
I tuq CDi
GL f�3.� p} �✓s
r r
i� ti ,
CL
. � ty r•r �*a D
ti n En z Cn i
CD
.sEE
oC>
t7
w ri
CC,,
n tD
L�
tls ``� r, rte.•}�. . ' pis rw� ""E 3+ q t*D co
�+ � ,w„r.' +;� .� � y, '� CD •�• '"� � cD tq C�D �.,•
tz
Cil
co CD
� ,,,,. `.." �• su � �`• � ts' p„ sin "r"� (`� C7 �?, �' � "� � `C �, �* C
CD
C's � tea `�' C') ',� cey ri ""t � �p CD `G � ....• C�3•"� � �, � � ...+ �D py,
"•" O � ria 0
CD +�•.y'.y a tS' COD
r*'t "�'`�'�" r• � �"'�` fD �'. " G�/k *"¢S� p,� "C3 p+ "r��, ... G:
rr� p�•" `"� ,�y� C� �•�'`� +"�K' ri �*' "��'e �r � � CSD � r��•y. *� t�9 � rte* � '� ,C.�.� w�i•
CD a `C „° KD p•y ta3 iy �p ". .s. 5 L7 �y to
CO
V.
17- tu
C40 Ir'z
C,D
�} r� ,,., �', G1• p.*C1 ,.1yr.. �' ("� CD r � tri e+ r+
+� '•C �,,,,, C4 � W,•' O� O � {�j +'x� Cr �9 �+ cn C� +� tp �' �� ��+ �,f
CS C3 T k`
CD CC,,
cD �,,• cn � „ .."" � � (•°1 � cD *CS ri � r• `� � �D � O
° tz
gid ,, , on
•
Cocc Do lk. tz
00
CD N +� CtD CTS zA t6 ri CD `ri CSD rte.
CD S"".. `� "'� c
�' CSD � ✓ �t CSD S�"` w� � r`•C' � ri
� a
,� � O tri'q �' .••. ,..+ CD H CD � r• C:. � ri. w
•''" to � tD �", r3 tD a � '�'�"� sg• Cs. so � o O
tD �. CD ""' G;+ tD Cts • CR cu ."3 .`9 «�•. ,.{
ren O N � �. � �' �' �• � �. � '�+
to
• cD tsa �
CD
o a
•, ; r, r� r� �• 1 c7 c a
Applicant. Contra Costa County Clean Water Program(Dept of Public Works)
Total Budget DOC Grant In-kind Cash Match i Footnote
Match [Explain on
page 2'I
C
Salaries and Wages(G)
For each position list: �
Hours $ /fir
;Watershed Coordinator(Only
authorized position for finding) 1 165,360 122,997 I 42,363 { 1
6240 hours @ 26.5 (3 yr av
Benefits (H) 39,356 39,356 2
Civil engineer 120 hrs $1501hr 18,000 18,000 3
District Conservationist(600 hours a@ ��.4
$50/hr 30,000 30,000
atershed Specialist(218 hrsa ' 7,500 7,500
i
$37.65 per hour) ( i
Education Specialist (140 hrs @ 5,000 6
$53.351 5,000
Grant Writer 300hrs @ $65/hour 19,500 9,500 10,010 7
(Park Planner(154 hrs $491 7,500 7,500 8
Project manager(360 hrs $54Ihr 19,500 12,000 7,500 9
TLI hent(I i Y
Computer(desktop) 1,500 750 750 10
Testin , sampjigE materials 0 11
digital camera and film 678 250 428 12
0 eratin Costs(J)
mileage(.34 per mile) 5,938 5,938 E 13
,photo copying 11000 1,000 14
Pastae 3,500 1,000 2,500 €5
office supplies 1,750 j 1,000 i 750 16
trent 13,725 10,800 2,925 17
Iworkshop attendance 2,400 2,400 18
reference materials 500 500 19
tel hone services 1,800 1,800 r 20
i
Subtotal 344,506 187,790 90,678 1 66,038
Administration Z) 28,169 28,169 21
fiUTAL 362,675 215,959 90,679 66,038
Match Percentge Provided (N) N/A N/A 41% 32% N/A {
TO: BOARD OF SUPERVISORS :. CONTRA
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES COSTA
DATE: JULY 13, 2004 COUNTY
SUBJECT: APPROVE AND AUTHORIZE EXECUTION OF CHANGE ORDER NO. 8 TO THE
CONSTRUCTION CONTRACT FOR THE REMODEL AND OFFICE LANDSCAPE
PARTITION MODIFICATIONS AT 13015 MACDONALD AVENUE, RICHMOND FOR THE
EMPLOYMENT AND HUMAN SERVICES DEPARTMENT
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. APPROVE Change Order No. 8, in the amount of$64,256, to the construction contract dated May
20, 2003 with Taber Construction Company for the Remodel and Office Landscape Partition
Modifications at 1305 Macdonald Avenue, Richmond.
2. AUTHORIZE the Director of General Services, or designee, to execute the Change Order, which
provides for additional work, and increase the payment limit by $64,256 for a total contract
amount Of$2,598,408.
FINANCIAL. IMPACT
There are sufficient funds in the budgeted account to cover Change Order No. 8.
BACKGROUND
Change Order No. 8 addresses several existing deficiencies in the building. The additional work
encompassed by Change Order No. 8 includes the following:
• Installation of an energy conserving lighting system and controls for the 3rd floor (an energy
conserving lighting system for the other floors will be considered at a later date).
• Correction of electrical deficiencies throughout the 3rd floor.
• Corrections to the existing main switch board feeder conduits to comply with the National
Electric Code (NEC) and Uniform Building Code (UBC) requirements.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
%�1'96OMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OARD C ITTEE
:r -APPROVE OTHER
f � z �
SIGNATURE(S): - �✓
ACTION OF 130 �Z.e�e34 APPROVED AS RECOMMENDED _ OTHER
VOTE OF SUPERVISORS
X UNANIMOUS(ABSENT )
AYES: NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT:BARTON J.GILBERT(313-7100)
Originating Dept.:General Services Department f HEREBY CERTIFY THAT THIS IS A TRUE
Cc: General Services Department AND CORRECT COPY OF AN ACTION TAKEN
Capital Projects Management Division AND ENTERED ON THE MINUTES OF THE BOARD
Accounting OF SUPERVISORS ON 1HEDATE SHOWN.
CPM File: 135-9903/C.5.2 qN
135-9903/A.5 ATTESTED
County Administrator's Office JOHN SWEETEN,CLERK OF THE BOARD OF SUPERVISORS
County Counsel AND COUNTY ADMINISTRATOR
Auditor Controller
Employment&Human Services Department(via CPM) BY DEPUTY
Taber Construction Company(via CPM) �-
H:\1999\1359903\91003135brev.doc JA:tb Page 1 of 1 M382(10/88)
CONTRA COSTA COUNTY
GENERAL SERVICES DEPARTMENT
CAPITAL PROJECTS MANAGEMENT DIVISION
1220 MORELLO AVENUE, SUITE 100
MARTINEZ,CALIFORNIA 94553-4711
(92.5) 313-7200 FAX(925) 313-7299
Effective Date: July 13, 2004
Pile: 135-9903/C.5.2
CHANGE ORDERNO. 8
Contract for Construction of: REMODEL AND OFFICE LANDSCAPE PARTITION MODIFICATIONS
AT 1305 MACDONALD AVE.,RICHMOND FOR THE EMPLOYMENT
AND HUMAN SERVICES DEPARTMENT
Effective Date of Contract: May 20, 2003
Authorization No.: VVH368B
TO: Taber Construction Inc.
125 Mason Circle
Concord, CA 94520
You are directed to make the following changes in this Contract:
Item 8-1: Reference Proposed Change Description-Proposal Request No. 64,Rev. 2, dated 1-30-2004.
Provide labor and materials to install 3,d. f1r. lighting energy management controls according
to drawings SIEI and delete one 8"round fluorescent down light fixture type "Il"above
door No. 373.
ADD: $27,871.00
Item 8-2: Reference Proposed Change Description-Proposal Request No. 66, dated 2-4-2004.
Provide labor and materials to reconfigure and correct deficient existing main switchboard
feeder conduits to comply with the National Electric Code(NEC) and the Uniforrn
Building Code(UBC)requirements.
ADD: $ 9,585.00
Item 8-3: Reference Proposed Change Description-Proposal Request No. 69, dated 2-5-2004.
Provide labor and materials to complete 3`d. floor electrical deficiency corrections, changes
and demolition items identified on the Electrical Deficiency Corrections List, and install
#6 ground wire from the XO bushing of transformer TRN-1 to the ground bus in the main
distribution panel and run parallel with the primary ground.
ADD. $26,800.00
ATTACHMENTS:
Proposal Request No. 64, dated 1-30-2004, (one, 8 1/2 x 11 inch page).
Proposal Request No. 66, dated 2-4-2004, (one, 8 f/2 x 11 inch page).
Proposal Request No. 69, dated 2-10-2004, (three, 8 1/2 x 11 inch pages).
The Original Contract Price was...................................................................................................$ 2,176,000.00
Net Change by previously approved Change Orders....................................................................$ 358,152.05
The Contract Price before this Change Order was........................................................................$ 2,534,152.05
The Contract Price will be increased by this Change Order..................................................$ 64,256.00
The new Contract Price, including this Change Order will be.....................................................$ 2,598,408.05
The Completion Time will be unchanged. The Contract Completion Date as of the date of this Change Order
therefore is June 25 2004.
RECOMMENDED BY:
Consulting Architect Project Manager Capital Projects Division Manager
Not valid until signed by both the Public Agency and the Contractor. By signature below, Contractor indicates
acceptance of price stated herein as fiill compensation for all direct and indirect costs for all work described
above, and as full compensation for any effects this change may have on the project in its entirety and/or on the
time required to complete the project.
PUBLIC AGENCY: CONTRACTOR:
By By
Contra Costa County Date Authorized Officer Date
Director of General Services
JAJb
HAI 999v1359903\91003136g.doc Page 1 of I
TO: BOARD OF SUPERVISORS CONTRA
FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES "; COSTA
DATE: JULY 13, 2004 COUNTY
SUBJECT: APPROVE THE FOURTH AMENDMENT TO THE CONSULTING
SERVICES AGREEMENT WITH LUSTER NATIONAL, INC. FOR THE
CONTRA COSTA COUNTY ANIMAL SERVICES FACILITY, 4800
IMHOFF PLACE, MARTINEZ FOR THE ANIMAL SERVICES
DEPARTMENT (WH415F) 01//g
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. APPROVE the Fourth Amendment authorizing extra work under the Consulting Services
Agreement dated November 14, 2000, with Luster National, Inc. ("Luster") for additional
construction management services for the Contra Costa County Animal Services Facility, 4800
Imhoff Place, Martinez. The Fourth Amendment increases the scope of services and increases
the Payment Limit from $520,000 to $673,750.
2. AUTHORIZE the Director of General Services, or designee, to execute the Fourth Amendment
to the consulting services agreement and to issue written authorizations for extra work, in
addition to the authorization for the Fourth Amendment, provided that the cumulative total cost
for such additional authorizations shall not exceed $25,000.
FINANCIAL IMPACT
Funds are appropriated in the Plant Acquisition budget to pay for the additional construction
management services.
BACKGROUND
On November 14, 2000 the Director of General Services approved a consulting services agreement
with Luster for pre-construction management services for the Martinez Animal Services Facility. The
First Amendment increased the scope of services and extended the Completion Date from August 1,
2001 to May 31 , 2002.
CONTINUED ON ATTACHMENT: X YES SIGNATUR : fa
--J ECOMMENDATION OF COUNTY ADMINISTRATOR —RECOMMENDATION OF BOA MMITTEE
—APPROVE OTHER
SIGNATURES: ate
ACTION OF BOAD N .UIJV APPROVED AS RECOMMENDED OTHER
l
VOTE OF SUPERVISORS
X UNANIMOUS(ABSENT
AYES: ... NOES:
ABSENTS: ABSTAIN:
MEDIA CONTACT:BARTON J.GILBERT(313-7100)
Originating Dept.:General Services Department
CC: General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
Capital Projects Management division AND ENTERED ON THE MINUTES OF THE BOARD
Accounting OF SUPERVISORS O`�N'THE DATE SHOWN.
1 r
f
CPM File: 250-00031A.5 ATTESTED tSU kU
County Administrator's Office JOHN SWEETS ,CLER OF THE BOARD OF SUPERVISORS
County Counsel AND COUNTY ADMINISTRATOR
Auditor Controller
Animal Services Department(via CPM) BY DEPUTY
Luster National,Inc.(Via CPM)
H:\2000\2500003\00L003290b.doc LDR:KV Page 1 of 2 M382(10188)
APPROVE THE FOURTH AMENDMENT TO THE July 13, 2004
CONSULTING SERVICES AGREEMENT WITH LUSTER
NATIONAL, INC. FOR THE CONTRA COSTA COUNTY
ANIMAL SERVICES FACILITY, 480h0 IMHOFF PLACE,
MARTINEZ FOR THE ANIMAL SERVICES
DEPARTMENT
The Second Amendment increased the scope of services to provide construction management
services during construction of the new Animal Services facility and extended the completion date
from May 31, 2002 to completion of construction.
The Third Amendment increased Luster's scope of services to provide additional construction
management services and scheduling analysis, which was required due to extensive project delays
caused by the general contractor on the project.
This Fourth Amendment increases Luster's scope of services to continue to provide construction
management services through January 31, 2005. Lack of performance by the original contractor,
Dennis J. Amoroso (DJA), caused the project to fall behind schedule necessitating additional
construction management services.
On April 6, 2004, DJA's contract rights were terminated by the County. The Bonding Company is
currently in the process of obtaining a replacement contractor.
Additional construction management services are required due to the following: 1) excessive delays
by the original contractor, ) coordination of the take-over/transition and closeout processes, 3)
restart of construction coordination efforts, 4) construction management services during the time that
the replacement contractor is performing its work, and 5) coordination of any client department
requested scope changes.
R:2000\2500003\00L003290b.doc LDR:kv Page 2 of 2 M382(10/88)
File:250-0003/A.1.1
FOURTH AMENDMENT TO CONSULTING SERVICES AGREEMENT
FOR CONTRA COSTA COUNTY ANIMAL SERVICES FACILITY,
4800 IMHOFF PLACE,MARTINEZ
FOR THE ANIMAL SERVICES DEPARTMENT
(WH4I.5F)
1. Effective Date and Parties: Effective July 13,2004, Luster National,Inc. (herein called"Consultant"),a California Corporation,and the County
of Contra Costa(herein called"County"),a political subdivision of the State of California,mutually agree as follows:
2. Purpose: On November 14, 2000, the parties entered into a contract entitled "Consulting Services Agreement," referred to as the "Agreement,"
which covers construction and project management services for the Contra Costa County Animal Services Facility,4800 Imhoff Place,Martinez.
The Agreement has previously been amended as follows: First Amendment dated July 13, 2001, Second Amendment dated July 23, 2002, and
Third Amendment dated January 24,2004. The parties desire to further amend the Agreement to expand the scope of service and to increase the
payment limit accordingly.
3. Amendments to Agreement:
A. In the Agreement,Section 1(c),change the Payment Limit from$520,000.00 to$673,750.00,an increase of$153,750.00. This shall apply to
charges from and atter June 15,2004.
B. In accordance with Section 14 of the Agreement provide the following:
Increase the scope of services to continue to provide construction management services through January 31, 2005. Additional services are
required due to the following reasons and tasks: 1)excessive delays by the original contractor,2)coordination of the take-over/transition and
closeout processes, 3)restart of construction coordination efforts,4)construction management services during the time that the replacement
contractor is performing its work,and 5)coordination of any client department requested scope changes.
4. Effect:
Subject to the revisions made by this and any prior amendments,the Agreement shall remain in full force and effect.
5, Sisnature:
`these signatures attest the parties'agreement hereto:
PUBLIC AGENCY CONSULTANT
By: Date: Type of business:
Barton J.Gilbert (Designate type—corporation,sole proprietorship,partnership,
Director of General Services/Purchasing Agent partnership,government agency,limited liability company,etc.)
If corporation,state of incorporation:
By:
Title:
(Designate official capacity in the business}
By:
Title:
(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, See.
1190 and Corps.Code,Sec.313.) The acknowledgment below must be signed by a Notary Public.
............................................................................................... ..................................................................................................
CERTIFICATE OF ACKNOWLEDGMENT
State of California )
County of ) ss
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's Seal]
Notary Public
RECOMMENDED FOR APPROVAL:
By:_ APPROVED AS TO FORM:
Director,Capital Facilities&Debt Management SILVANO B.MARCHESI
County Counsel
By:
Deputy
LDR:kv
H:\2000\2500003\00L00329I a.doe Page I of I