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HomeMy WebLinkAboutMINUTES - 04172007 - C.11 Contra TO: BOARD OF SUPERVISORS, AS GOVERNING BOARD OF THE FLOOD CONTROL&WATER — Costa CONSERVATION DISTRICT —= ountC �. y FROM: MAURICE M. SHIU, CHIEF ENGINEER ---�o— DATE: April 17, 2007 SUBJECT: APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute a Contract with LSA Associates, Inc., in an amount not to exceed $160,000 to prepare an environmental document pursuant to the California Environmental Quality Act(CEQA) and to secure regulatory permits for the Lower Walnut Creek Interim Protection Measures Project,for the period April 17,2007 through December 31, 2008, Concord area. (Zone 3B Funds) (District IV) Project No. 7520-6B8345 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Chief Engineer,or designee,to execute a Contract with LSA Associates,Inc.,in an amount not to exceed$160,000 to prepare an environmental document pursuant to the California Environmental Quality Act (CEQA) and to secure regulatory permits for the Lower Walnut Creek Interim Protection Measures Project, for the period April 17, 2007 through December 31, 2008, Concord area. FISCAL IMPACT: There is no impact to the County General Fund. This project is funded by Contra Costa County Flood Control and Water Conservation District Zone 3B funds. Continued on Attachment: ® SIGNATURE: 2'RECOMMENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER r SIGNATURE'S . ACTION OF B ON �& � APPROVED AS COMME ED OTHER ❑ I hereby certify that this is a true and correct copy of an action taken VOTZ OF SUPERVISORS and entered on the minutes of the Board of Supervisors on the date _k UNANIMOUS(ABSENT shown. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: CS:TTsj JOHN CULLEN,Itlerk of the Board of Supervisors and County G:\EngSvc\ENVIRO\BO\2007\ Administrator (04-17-07)CSA-LSA(Lower WC-InterimProtMeas-emergency).doc Orig.Div:Public Works(Environmental Section) Contact: Trina Torres,(313-2176) cc: Administrator—Atm.E.Kuevor By ,Deputy Auditor-Controller P.Denison,Accounting C.Sellgren,Environmental G.Connaughton,Flood Control P.Detjens,Flood Control SUBJECT: APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute a Contract with LSA Associates, Inc., in an amount not to exceed $160,000 to prepare an environmental document pursuant to the California Environmental Quality Act(CEQA)and to secure regulatory permits for the Lower Walnut Creek Interim Protection Measures Project,for the period April 17,2007 through ' December 31, 2008, Concord area. (Zone 3B Funds) (District IV) Project No. 7520-6B8345 DATE: April 17, 2007 PAGE: Page 2 of 3 REASONS FOR RECOMMENDATIONS AND BACKGROUND: The U.S.Army Corps of Engineers(Corps)constructed the Walnut Creek project over a thirty-year period starting in 1958. The Walnut Creek project consists of approximately 22 miles of flood control channels on Walnut,Grayson, Pacheco, Pine, Galindo, and San Ramon Creeks. The Lower Walnut Creek channel was constructed as the first phase of the project. The Contra Costa County Flood Control and Water Conservation District (District) gave assurances to the Corps that the channel would be maintained in accordance with the maintenance guidelines provided by the Corps. The Corps inspects the project annually. As a result of the last annual inspection,which was conducted on October 10, 2006, the Corps reported a concern regarding the amount of accumulated sediment in the lower reaches of the Walnut Creek channel, roughly from the mouth of the creek up to Highway 4 near Buchanan Field Airport. The District is in the process of assessing the consequences of the sediment deposition and levee subsidence on the flood-carrying capacity of the channel. As a result of the catastrophic damage from Hurricane Katrina, the Federal government changed its processes for administering Federal Emergency Management Agency (FEMA) and Corps disaster assistance programs under PL 84-99. The Corps recently informed the District of its intent to provide a written notice in April 2007 requiring correction within one year of the maintenance concerns outlined in the last annual inspection report. Failure to take appropriate corrective action will disqualify the District from receiving disaster assistance for storm damages to the Walnut Creek project. In addition,the Corps will be advising FEMA of the sediment issue in Lower Walnut Creek. FEMA may determine that a basis exists to require property owners in the adjacent flood plain to carry federal flood insurance. Without emergency implementation of interim flood protection measures this year,it is likely that winter storms will continue to overtop the levees along the Lower Walnut Creek channel,resulting in potential flooding of the Central Contra Costa Sanitation District plant, portions of the Buchanan Field Airport, the nearby refinery property, and other commercial and residential properties in the area. On April 10,2007,the Board of Supervisors acting as the Board of Directors for the Flood Control District declared a State of Emergency, pursuant to the provisions of Sections 22035 and 22050 of the Public Contract Code, to facilitate immediate actions to rectify the deficiencies. In order to promptly address the potential flooding risk and take corrective action within the one-year period prescribed by the Corps,the District must immediately secure professional services to acquire dredging permits and to provide geotechnical engineering recommendations regarding interim measures to reduce the potential risk of flooding. Because this stream reach contains quality habitat for a wide variety of plants and animals,some of which are listed under the State and Federal Endangered Species Act, the construction work will need to occur during the late summer and early fall. Any work within the stream channel to restore flood conveyance capacity will require compliance with a number of environmental laws, including the California Environmental Quality Act,the Clean Water Act, the State and Federal Endangered Species Act, the Porter Cologne.Water Quality Act, and California Fish and Game Code. Flood Control District staff is not capable of providing the services necessary to acquire permits for implementation of the interim protection measures while meeting the obligations to other Flood Control District projects at the same time. SUBJECT: APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute a Contract with LSA Associates, Inc., in an amount not to exceed $160,000 to prepare an environmental document pursuant to the California Environmental Quality Act(CEQA) and to secure regulatory permits for the Lower Walnut Creek Interim Protection Measures Project,for the period April 17,2007 through December 31, 2008, Concord area. (Zone 3B Funds) (District IV) Project No. 7520-6B8345 DATE: April 17, 2007 PAGE: Page 3 of 3 This Board Order authorizes the Flood Control District to enter into a contract with LSA Associates,Inc.to write an environmental document pursuant to the California Environmental Quality Act (CEQA) and to secure regulatory permits required for implementation of the interim protection measures by the District. CONSEQUENCES OF NEGATIVE ACTION: Without approval,the CEQA document and regulatory permit applications will not be completed in a timely enough manner to ensure that corrective actions can be lawfully conducted in time. CONSULTING SERVICES AGREEMENT 1. Special Conditions. These Special Conditions are incorporated below by reference. (a) Public Agency: Contra Costa County Flood Control and Water Conservation District 255 Glacier Drive, Martinez,_ CA 94553 (b) Consultant's Name & Address: LSA Associates, Inc. 157 Park Place Pt. Richmond, CA 94801 (c) Project Name, Number, & Location: bower Walnut Creek Interim Protection Measures Project, Proi. No. 7520—6B8345 Central Contra Costa County(Concord area) (d) Effective Date: Argil 17, 2007 (e) Payment Limit(s): $160,000 (f) Completion Date(s): December 31, 2008 FORM APPROVED 2. Signatures.These signatures attest the parties' agreement hereto: SILVANO B.MARCHESI,C unty Cou � PUBLIC AGENCY CONSULTANT By Depu lY By: Maurice M Shiu Z ��, _ Public Works Director/ By: Chief Engineer, Secretary, or Designee (Designate official capacity in the business Type of Business: (sole proprietorship,government agency,partnership,corporation,etc.) If Corporation, State of Incorporation: Bv: C6,/���By: rod&A�L &S r:o'tg"r a (Designate offi ial pacity int the business) NotVco nsu nt:For corporati ns,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 ) kbw( f/Me C'a&)) On the date written below,before me,the undersigned Notary Public,personally appeared the-per 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. ° rERESITA DE LA CRUZ Dated: OLO _ Ani Co ff*SkM* 1573376 Notary Pubec-Ca.- - N©terry is (Notary's Seal) ora- ee My Comm.Fxpkea Mery 20,2 (Page 1 of 13) G:\EngSvc\ENVIRO\CSA's\2007\Agreement\LSA-L.owerWC-Interim Prot(Emergency).doc • 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 AppendixA,attached hereto and made a part hereof by this reference. 6. Report Disclosure Section. Any document or written report prepared hereunder by Consultant, or a subcontractor,for Public Agency shall contain,in a separate section,the numbers and dollar amounts of this contract and all subcontracts relating to the preparation of such document or written report, provided that the payment limit specified in Sec. 1(e)exceeds $5,000. When multiple documents or written reports are the subject or products of this agreement,the disclosure section may also contain a statement indicating that the total contract amount represents compensation for multiple documents or written reports. 7. Insurance. Consultant shall,at no cost to Public Agency,obtain and maintain during the term hereof: (a)Workers'Compensation Insurance pursuant to state law; (b)Professional Liability Insurance with minimum coverage of$1.000.000.00 and a maximum deductible of$%� , 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$1,000,000.00 for all damages due to bodily injury, sickness or disease,or death to any person,and damage to property, including the loss of use thereof,arising out of each accident or occurrence, and naming Public Agency, Contra Costa County Flood Control and Water Conservation District, its/their governing bodies, officers and employees as additional insureds. Consultant shall promptly furnish to Public Agency certificates of insurance evidencing such coverage and requiring 30 days' written notice to Public Agency of policy lapse, cancellation or material change in coverage. 8. Payment. Public Agency shall pay Consultant for professional services performed at the rates shown in Appendix B attached hereto, which include all overhead and incidental expenses, for which no additional compensation shall be allowed. Notwithstanding the foregoing,those incidental expenses specifically itemized in Appendix B shall be reimbursable by Public Agency to Consultant, provided that Consultant submits copies of receipts and,if applicable, a detailed mileage log to Public Agency. In no event shall the total amount paid to Consultant exceed the payment limit(s) specified in Sec. 1(e) without prior written approval of the Public Agency. Consultant's billing statements shall be submitted at convenient intervals approved by Public Agency and shall list,for each item of services, the employee categories, hours and rates. 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 later than the Completion Date(s) listed above. 11. Record Retention and Auditing. Except for materials and records delivered to Public Agency, Consultant shall retain all materials and records prepared or obtained in the performance of this Agreement, including financial records,for a period of at least five years after Consultant's receipt of the final payment under this Agreement. Upon request by Public Agency, at no additional charge, Consultant shall promptly make such records available to Public Agency, or to authorized representatives of the state and federal governments, at a convenient location within Contra Costa County designated by Public Agency, and without restriction or limitation on their use. 12. Documentation. Consultant shall prepare and deliver to Public Agency at no additional charge, the items described in Append&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. (Page 2 of 13) 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 Agencywill pay withheld funds in accordance with the requirements of Civil Code Section 3320, as applicable. A retention will not be withheld forany"on- call"work. 16. Termination by Public Agency. At its option, Public Agency shall have the right to terminate this Agreement at any time by written notice to Consultant, whether or not Consultant is then in default. Upon such termination, Consultant shall, without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement, and.shall be paid, without duplication, all amounts due for the services rendered up to the date of termination. 17. Abandonment by Consultant. In the event the Consultant ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the services described in this Agreement, Consultant shall, without delay, deliver to Public Agency all materials and records prepared or obtained in the performance of this Agreement, and shall be paid for the reasonable value of the services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which Public Agency incurs as a result of such cessation or abandonment. 18. Breach. In the event that Consultant fails to.perform any of the services described in this Agreement or otherwise breaches this Agreement, Public Agency shall have the right to pursue all remedies provided by law or equity. Any disputes relating to the performance of this Agreement shall not be subject to non judicial arbitration.Any litigation involving this Agreement or relating to the work shall be brought in Contra Costa County,and Consultant hereby waives the removal provisions of Code of Civil Procedure Section 394. 19. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable laws, statutes, ordinances, rules and regulations, whether federal, state, or local in origin. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. 20. Assignment. This Agreement shall not be assignable or transferable in whole or in part by Consultant, whether voluntarily, by operation of law or otherwise; provided, however, that Consultant shall have the right to sub-contract that portion of the services forwhich 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. (Page 3 of 13) 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 Consultant's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Public Agency. Notwithstanding the foregoing, Consultant may express its views on products to other Consultants, the Public Agency's governing board, its officers, or others who may be authorized by the Public Agency's governing board or by law to receive such views. 27. P Ject Personnel. In performing the services under this Agreement, Consultant shall use the personnel listed in Appendix C,attached hereto and made a part hereof by this reference. Changes in project personnel may only be made with Public Agency's written consent, and Consultant shall notify Public Agency in writing at least thirty (30) days in advance of any proposed change. Any person proposed as a replacement shall possess training,experience and credentials comparable to those of the person being replaced. 28. Disadvantaged Business Enterprise(DBE)Requirements(Federal aid proiects only). Consultant shall comply with all applicable provisions of 49 CFR, Parts 23 and 26, and the County's Disadvantaged Business Enterprise (DBE) Program, which are 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 orrequest 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. (Pape 4 of 13) 29. Federal Cost Principles and Procedures (Federal aid projects 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-110, 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 13) APPENDIX A Lower Walnut Creek Interim Protection Project Scope of Services SCOPE OF SERVICES The Agreement is between LSA and Associates, Inc. (LSA) and Contra Costa County Flood Control and Water Conservation District(Flood Control District)to provide environmental analysis, prepare an environmental document, and secure regulatory permits for the Lower Walnut Creek Interim Protection Measures Project, Concord area, in central Contra Costa County. The Consultant will provide services as follows: PROJECT DESCRIPTION ;' The project consists of de-silting excavation work to improve hydraulic capacity in the channel of Lower Walnut Creek, between Concord Boulevard and Suisun Bay. The project also includes sedi- ment disposal and possibly raising levees along Lower Walnut Creek. The potential disposal site for the sediment has not yet been identified. LSA will provide environmental services as follows: IA. $COPE SOF WORK , LSA will complete an environmental review of the project pursuant to the California Environmental Quality Act (CEQA) Guidelines and will assist the Flood Control District in obtaining natural resource permits and clearances to construct the project. For management purposes and cost estimating the scope is divided into the four tasks described below: (Project Initiation and Project Description, Meetings and Project Management, CEQA Environmental Analysis, and Regulatory Assistance). Task 1. Proiect Initiation and Project Description LSA will discuss the project with the Flood Control District,confirm expectations regarding the tasks to be completed, and gather information and data specific to the project site. The Flood Control District has indicated that a Hydraulic Study is in preparation and that this study will serve as the Flood Control District's basis for preparing a project description. The Flood Control District's project description will be provided to LSA for use in the Initial Study and subsequent permitting activities. The project description will describe the components of the proposed project, the project site, and the site's environmental setting. The initiation and efficient preparation of the environmental analysis (Task 3) is dependent upon the team's reaching agreement on the project description. Task 2. Meetings and Project Management The LSA management team will be available throughout the environmental review and permitting processes to meet with Flood Control District staff and the project team to gather information, review progress, discuss staff comments, and offer advice and input on the project environmental review and permitting processes. The LSA management team will attend four team meetings with Flood Control District staff, a public hearing for the environmental document, and an interagency meeting. These meetings are in addition to the project definition meeting with Flood Control District staff and the field review meeting. (Page 6 of 13) G:\EngSvc\ENV IRO\CSA's\2007\Agreement\LSA-LowerWC-Interim Prot(Emergency).doc APPENDIX A Lower Walnut Creek Interim Protection Project Scope of Services The LSA management team will provide input on and monitor the scope, budget and scheduling of the project. They are also ultimately responsible for quality assurance for all work undertaken. They will review all text, tables and graphics before these materials are presented to the Flood Control District as administrative review documents. Project management tasks include regular client contact; contract negotiation and management; oversight of team members; schedule coordination; and development of products. LSA will provide the direction to all team members that will ensure an internally consistent, coherent document. Task 3. CEQA Environmental Analysis LSA will conduct environmental analysis based upon information provided to the Flood Control District and prepare an environmental document. The Flood Control District indicated that an Initial Study/Mitigated Negative Declaration (IS/MND) is the appropriate environmental document to fulfill the requirements of CEQA. The scope of work for preparation of an Initial Study is discussed as follows: This scope is based on the assumption that the project will not result in significant unavoidable environmental impacts and that additional environmental analysis and documentation (beyond an IS/MND) will not be required. An Initial Study will be prepared in accordance with the CEQA Guidelines and will utilize the Flood Control District's Checklist Form. The document will include a detailed project description based on the project description, site plans and other project materials provided by the Flood Control District, and summarized responses to each of the checklist questions. The following environmental topics will be evaluated in the Initial Study, consistent with the require- ments of CEQA, along with a review of possible project impacts. Topics are shown in alphabetical order, as they occur in the checklist. Aesthetics. This section will include an evaluation of existing visual conditions in and around the project site, including views of and from the project site. Removal of sediments and silt from the channel is not anticipated to substantially alter views. Sediment disposal and raising of levees have some potential to affect views. Mitigation measures will be recommended, as appropriate. Agricultural Resources. There are no existing agricultural uses at the site. This section will include references to the State Department of Conservation, which probably classifies the project site as urban and "built-out" land. Air Quality. Air Quality issues specific to the City of Concord, Contra Costa County(County), and the San Francisco Bay Area Air Quality Management District (BAAQMD) air quality planning programs and procedures included in the BAAQMD CEQA Guidelines will be evaluated in this section. It is anticipated that construction period fugitive dust and vehicular emissions could all be sufficiently mitigated through the imposition of the BAAQMD standard construction measures. Biological Resources. LSA anticipates that the primary biological issues at the site will be potential impacts on jurisdictional wetlands and special status species and/or their suitable habitat. Several previous reports for Lower Walnut Creek are available that address these issues, including a preliminary delineation of Waters of the United States, a botanical report, and baseline surveys of anadromous fish habitat. LSA will summarize the findings of these reports in the Initial Study. Construction and post-construction mitigation measures will be recommended to avoid adverse effects to special status species or other biological resources, as necessary. These recommendations will be prepared in conjunction with the Task 4 services. (Page 7 of 13) G:\EngSvc\ENVIRO\CSA's\2007\Agreement\LSA-L.4DwerWC-Interim Prot(Emergency).doc APPENDIX A - Lower.Walnut Creek Interim Protection Project Scope,of Services Cultural Resources. No historic structures are located within the project site. The channel has been excavated previously and the proposed operations will not remove silt below the creek's design level. Thus it is unlikely that the project would encounter items of archaeological or paleontological importance. This section will include standard mitigation measures for the treatment of archeological or paleontological resources, should they be discovered during the project. Geology and Soils. The project site is located in a seismically active region and may be subject to moderate to strong ground shaking, ground failure, or liquefaction during an earthquake. If raising the height of the levees along the creek is included as part of the project, it is assumed that standard mitigation measures related to geology and soils will be available for inclusion in the IS/MND. Hazards and Hazardous Materials. Sediments that have been deposited in the creek channel have the potential to contain hazardous materials that could pose a threat to the surrounding environment if not handled, or disposed of properly. Mitigation measures will be recommended based on the possibility that contaminated materials are present. Mitigation may include preconstruction sampling and analysis and the preparation of a soil management plan, if appropriate. Hydrology and Water Quality. The proposed project would improve the hydraulic capacity of Lower Water Creek by removing accumulated silt from the creek channel. It would not increase the amount of impervious surface or result in increased stormwater flows from the project site. It is assumed that standard mitigation measures related to hydrology and water quality will be available for inclusion in the IS/MND. Land Use and Planning. This section will include a description of existing land uses in the vicinity of the project site and will address the compatibility of the proposed de-silting activities with surrounding land uses. The section will evaluate any land use issues associated with the potential sediment disposal site(s). Mitigation measures will be recommended, as appropriate. Mineral Resources. There are no known mineral resources at the site. The County's General Plan Mineral Resource Area map will be referenced in this section. Noise. LSA will examine existing standards contained within the County's General Plan and compare them with the anticipated noise levels from the construction of the proposed project. No operational impacts are anticipated for this type of project. Mitigation measures will be recommended, as appropriate. Population and Housing. Data available from the U.S. Census, Association of Bay Area Governments(ABAG),the California Department of Finance, and the County's General Plan will be referenced in this section. It is not anticipated that the project would have any effect on public services. Public Services. This section will evaluate the project's potential impacts on public services, including police, fire, and schools. It is not anticipated that the project would have any effect on population and housing. (Page 8 of 13) G:\EngSvc\ENVIRO\CSA's\2007\Agreement\LSA-L.owerWC-Interim Prot(Emergency).doc APPENDIX A Lower Walnut Creek Interim Protection Project Scope of.Services Recreation. This section will evaluate the effects of the proposed project on existing and planned recreational facilities. It is possible that project activities would affect recreation or trail use in select locations, but assumed that sufficient mitigation measures would be available to reduce this impact to a less than significant level. Transportation and Circulation. This section will review the County's General Plan policies regarding transportation and circulation. This section will focus primarily on increases in vehicle traffic volumes along adjacent streets, access to the site for passenger and emergency vehicles, and adequacy of on-site parking. Mitigation measures will be recommended, as appropriate. It is anticipated that a full traffic impact analysis would not be required for this project, and is therefore not included in this scope. Utilities and Service Systems. This section will summarize the impacts that could result from implementation of the proposed project to the following utilities and service systems: water supplies;wastewater treatment and capacity; stormwaterfacilities; and solid waste disposal.There are a number of utilities that are located underground in the vicinity of District flood control facilities (though at depths that are well below the design grade of the channel). It is not anticipated that the project would have any effect on wastewater treatment and capacity, or solid waste disposal. The project is intended to improve stormwater hydraulic capacity. It is not anticipated that the project would have any significant adverse effect on these systems. Subsequent to completing the environmental analysis, LSA will prepare and revise the IS/MND as follows: • LSA will prepare an Administrative Draft#1 IS/MND for review by the Flood Control District. • After receiving one set of consolidated and non-contradictory comments from the Flood Control District, LSA will prepare an Administrative Draft#2 IS/MND for review. At this time, LSA will draft and submit a draft of the Mitigation and Monitoring Reporting Program (MMRP). • After receiving comments from the Flood Control District, LSA will prepare a Screencheck Draft IS/MND for review by the Flood Control District and Community Development Department staff. • After receiving comments from the Flood Control District on the Screencheck IS/MND, LSA will prepare and submit the Public Review Draft IS/MND. After public review, LSA will work with the Flood Control District to respond to substantive comments received on the IS/MND and prepare a Notice of Determination (NOD) for the Flood Control District's use. In addition, LSA staff will assist the Flood Control District in preparing the Notice of Intent (NOI) to adopt a MND, to assist with the preparation and submittal of the State Clearinghouse distribution packet, and to prepare the legal announcement noticing the availability of the Public Review Draft IS/MND. Task 4. Regulatory Assistance This task will consist of the following elements: Site Reconnaissance. LSA assumes that all necessary baseline studies and surveys have been completed to allow preparation of complete permit application documents and plans. Therefore field work will be limited to reconnaissance site visits by LSA biologists, as needed to verify and assess potential impacts, avoidance and mitigation measures. (Page 9 of 13) G:\F,ngSvc\ENV1RO\CSA's\2007\Agreement\LSA-LowerWC-Interim Prot(Emergency).doc APPENDIX A Lower Walnut Creek Interim Protection Project Scope of Services Biological Assessment(BA). LSA will prepare a detailed BA to address federal and state listed species in accordance with U.S. Fish and Wildlife Service (USFWS), National Marine Fisheries Service(NMFS)and California Department of Fish and Game (CDFG)Guidelines.The BA will also serve as a reference document for addressing other special status species under CEQA. The BA will utilize the project's existing baseline studies and surveys, as well as other data sources (e.g., California Natural Diversity Data Base - CNDDB), California Native Plant Society (CNPS) Rare Plant Inventory, and results of studies conducted for other projects in the vicinity by LSA and others). The BA will also evaluate the potential for temporary and permanent impacts to occur to listed and other special status species and will describe avoidance, minimization and compensatory mitigation measures, as needed. LSA assumes that the Flood Control District has identified or is in the process of identifying compensatory mitigation measures for loss of special status species habitat and that a description of these measures will be provided to us for inclusion in the BA. If agency review results in requests for additional mitigation plan details or revisions, LSA will be available to assist the Flood Control District with such requests as an extra service beyond the scope of this contract. LSA also assumes that any additional special status species surveys that may be required by the USFW,NMFS, or CDFG are beyond this scope of services. LSA will be available to provide such additional surveys as an extra service, if requested by the Flood Control District. Permit Application Packages. LSA will prepare complete permit application packages to the regulatory agencies. These will entail the following applications: 1. Corps of Engineers (Corps) Nationwide Permit (NW P) 31/33, 2. Regional Water Quality Control Board (RWQCB) Section 401 Water Quality Certification/Waiver of Waste Discharge Requirements, and 3. California Department of Fish and Game (CDFG) Section 1602 Streambed Alteration Agreement. Preparation of these packages consist of: 1. All necessary permit application fees will be paid by the Flood Control District. 2. The Flood Control District will provide to LSA necessary plans, calculations and engineering details for the project including: detailed pre and post-construction cross sections as needed to establish a "Maintenance Baseline" as required under Corps NWP31. 3. The Flood Control District will provide wetland delineation maps (in electronic format), and copy of the Corps hydraulic study for the project, when available. 4. Issues relating to disposal of dredged sediments, sediment toxicity and related compliance with Department of Toxic Substances Control (DTSC) and RWQCB requirements will be handled separately by the Flood Control District. Information on the status of the Flood Control District's compliance with dredged sediment disposal will be provided to LSA for inclusion in the permit applications. 5. A wetland mitigation plan will not be required under the premise that the project will be self- mitigating. However, as part of the permit applications, LSA will discuss the types of wetland and other aquatic habitats that are expected to develop within the post-project channel and will provide a rough estimate of the acreages of each such post-project habitat type. LSA assumes that the Flood Control District will provide adequate post project channel profiles and cross sections in order to allow us to make such estimates. (Page 10 of 13) G:\EneSvc\ENVIRO\CSA's\2007\Agreement\LSA-LowerWC4nterim Prot(Emergency).doc APPENDIX A Lower Walnut Creek Interim Protection Project Scope of Services Agency Review, Coordination and Responses. LSA will work closely with Flood Control District staff on follow-up communication and consultation with the regulatory agencies in order to expedite application review and processing within the Flood Control District's timeframe. In particular, LSA will seek to identify as early as possible any items deemed by the agencies to be ,insufficient for application completeness, and we will place a high priority on responding to requests for additional information from the agencies. LSA will also expedite the Section 7 consultation processes with the USFWS and NMFS in order to identify and address any key endangered species issues that may arise. LSA biologists will attend up to four agency meetings(field or office) as part of the permit application review and Section 7 Endangered Species Act consultation process. The amount of additional information or analyses that will be requested by the reviewing agencies during the review process is uncertain at this time. Likewise we are uncertain as to the number of meetings, conferences calls and other communications that will be requested by the agencies or that the Flood Control District may need to schedule with the agencies in order to address key issues that inevitably will arise. Therefore,we have budgeted what we believe to be sufficient staff time to allow us to be available to respond to these contingencies, as needed. Section 2081 Agreement. If required by CDFG, LSA will prepare a Section 2081 Agreement under the California Endangered Species Act to address State-listed species that may be impacted by the project. For this task, we will include mitigation measures currently identified or in the process of being identified by the Flood Control District for these species. B. PROPOSED SCHEDUL-EAND:BUDOET The Administrative Draft Initial Study Checklist will be available two weeks after we receive authorization to proceed and the project description. (Where information from the Flood Control District is still needed to answer select checklist questions,we will include a brief note to that effect in the text.) LSA will provide the second draft within one week of receiving comments. Drafts of the permit application packages and the BA will be provided to the Flood Control District by May 29, 2007. LSA recognizes the extreme importance of punctual performance and quick turnarounds for this assignment and will work with the Flood Control District to adapt the schedule to fit ongoing departmental priorities and scheduling. LSA will update this detailed schedule with specific milestone dates, as soon as a notice to proceed is received. (Page 11 of 13) G:\EngSvc\ENVIRO\CSA's\2007\Agreement\LSA-LowerWC-Interim Prot(Emergency).doc APPENDIX B Professional Services Payment/Rates Job Title / Classification Rate-per hour (Range) i Principal $125-250 Senior Planner $65-160 Senior Biologist $65-160 Planner $50-125 Biologist $50-125 GIS Specialist $50-125 + Graphics $70-105 Word Processor $60-90 Office Assistant $40-75 NOTE:The consultant will promptly notify the Environmental Unit staff of the Contra Costa County Public Works Department(Environmental staff)of any additional personnel changes(acquired,released,or promoted)prior to submitting invoices. Any additional classifications will not be considered unless previously agreed to by the Environmental Unit staff,prior to any work being performed by that classification. Reimbursables: In order to be compensated,please provide the following information: Mileage: $0.485/mile (per IRS published rate) Meals,Parking and Toll,if applicable Not to exceed County per diem rates (attach documentation) LSA In-House Direct Expenses: Rate: Reproduction $0.10/pg Color Reproduction (8.5 x 14) $1/pg Color Reproduction (8.5 x 17) $3.00/pg Facsimile $1/pg Plotting $5.00 per linear foot Diazo Printing $0.20 per square foot Film $5.00 per roll Disposable camera and film $10.00 per camera GPS Unit $100 per day Aerial Photos $200 per photo Search of Specialized Data Bases $100 per inquiry Film developing at cost (attach documentation) Postage/Express Mail at cost (attach documentation) (Page 12 of 13) G:\EngSvc\ENVIRO\CSA's\2007\Agreement\LSA-LowerWC-Interim Prot(Emergency).doc APPENDIX C Project Personnel Name Job Title/ Classification David Clore, AICP Principal Malcolm J. Sproul Principal Steve Granholm Principal Dennis Brown, Ph.D. Senior Planner Amy Fischer Senior Planner Theresa Bravo Planner Hannah Young Planner Tim Lacy Senior Biologist George Molnar Senior Biologist Mary Cooprider Biologist Matt Ricketts Biologist Lori Banister GIS Greg Gallaugher GIS Patty Linder Graphics Manager Marie So Graphics Manager James Mijares Graphics Connie Calica Word Processor Norma Molina Word Processor Jennifer Morris Word Processor Ameara Martinez Office Assistant (Page 13 of 13) G:\EneSvc\ENVIRO\CSA's\2007\Agreement\LSA-LowerWC-interim Prot(Emergency).doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ) State of California ss. County of � /" �� « 7 I On before me, Date n NameandTitle of Officer(e.g.,"Jane Doe,Notary Public") personally appeared /v(� c�( 1 S p roi✓C I ) Name(s)of Signer(s) ❑personally known to me 'proved to me on the basis of satisfactory evidence f to be the persono whose name(g) is/ap6' subscribed to the within instrument and acknowledged to me that he/sVe/tKey executed the same in his/hqf/thgrr authorized 1 KAREN KITTLE capacity(ies), and that by his/her/their ) Comn*Ww#1519326 signature(s) on the instrument the person(s), or �- Ni Public_CaBlomia the entity upon behalf of which the person(s) Cords Costa Coun1y acted, executed the instrument. 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