HomeMy WebLinkAboutMINUTES - 03112008 - C.25 TO: BOARD OF SUPERVISORS AS GOVERNING EACon ra
BOARD OF THE FLOOD CONTROL& WATER =; s+
CONSERVATION DISTRICT �+ < Co
FROM: MAURICE M. SHIU, CHIEF ENGINEER �`� - _ T' County
a coiihT'' ./
DATE: March 11, 2008
SUBJECT: APPROVE and AUTHORIZE the Chief Engineer, or desigtlee, to execute a contract with Zentner
and Zentner, Pacheco area. (Flood Control Zone 3B Funds) (District IV)
Project No.: 7520-6138359
SPECIFIC REQ(JES-1(S)OR RECOMMENDATION(S)&13ACKGROUND AND JuS I-1FICATION
RECOMMENDED ACTION: .
APPROVE and AUTHORIZE the Chief' Engineer, Flood Control &Water Conservation District or designee, to
execute a contract with Zentner and Zentner,in an amount noUto exceed$27,000 to provide planting,maintenance
and monitoring services for the Grayson Creek Tree Mitigation&Monitoring project,effective for the period Marcll
1, 2008 through December 31, 2011.
FISCAL IMPACT:
There is no impact to the County General Fund. This project is funded by Flood Control Zone 3B Funds (100%).
Continued on Attachment: ® SIGNATURE: ^—
[, KtIECOMNIENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMENDAI ON OF.BOARD COMMITTEE
APPROVE ❑ THER
SIGNATURE(S):
AC'T'ION OF BO R ON
APPROVED AS COMMENDED 'OTHER ❑
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT pkST•%• 1 I hereby certify that this is a true and correct copy of an action
AYES: NOES:' taken and entered on the minutes of the Board of Supervisors on
ABSENT:ABSTAIN: the,date shown.
TT:ab / / Q
G:\I,ngSvc\ENVIRO\130\2003\(03-11-08)CSA-'Zentner(Grayson C:rk-free Mit.).doc ATTESTED: o3/ « / [J
Ori,.Div:Public Works(Environmental Section) JOHN CULLEN, Clerk of the.Board of Supervisors and County
Contact.' Trina Torres,(313-2176)
cc: Administrator-Attn.E.Kuevor Administrator
Auditor-Controller
Public Works: Accounting
Environmental- 1-.Chavez
By Deputy
Environmental-T.Tones w �'
Flood Control-P.Detjens
SUBJECT: APPROVE and AUTHORIZE the Chief Engineer,Flood Control &Water Conservation District or
designee, to execute a contract with Zentner aiid Zentner, Pacheco area: (Flood Control Zone 3B
Funds) (District IV) Project No.: 7520-6B8359
DATE: March 11, 2008
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
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In order to conduct necessary silt removal along Grayson Creek, several trees required removal. Because the trees
were located within the California Department of Fish and Game's (DFG)jurisdiction, the Contra Costa County
Flood Control and Water Conservation District is required to mitigate for the loss of the trees. Tree mitigation and
monitoring is necessary for three years for this project.
The contract is needed to assist Contra Costa County Public Works Department staff with the necessary required
planting,mitigation, and monitoring for this project. Zentner and Zentner,a certified small business,shall provide
required planting, maintenance and monitoring services, prepare and submit reports for the Grayson Creek Tree
Mitigation and Monitoring Project as described within the contract.
CONSEOUENCES OF NEGATIVE ACTION:
If the contract isnot approved, necessary environmental clearances will not be obtained, which may jeopardize
funding and cause delays in the construction of the project.
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CONSULTING SERVICES AGREEMENT
1. Special Conditions. These Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa Countv Public Works Department
on behalf of the Contra Costa Countv
Flood Control and Water Conservation District
255 Glacier Drive, Martinez, CA 94553
(b) Consultant's Name &Address: Zentner and:Zentner
95 Linden St.. Suite 6
Oakland, CA 94607
(c) Project Name, Number; & Location: Grayson Creek Tree Mitigation&Monitorins Proms
Proi. No. 9520-6B8359
(Pacheco area)
(d) Effective Date: March 1. 2008 (e) Payment Limit(s): 27000
(f) Completion Date(s): Decennber 31. 2011 FORM APPRO ED
2. Sianatures.These signatures attest the parties' agreement hereto: SlILVANO B.MARC ' ir:ty Counsel
PUBLIC AGENCY CONSULTANT By Deputy
By: Maurice M. Shiu1�-
Public Works Director/ By:
Chief Engineer, or Designee (Designate official capacity'in the business Type of Business:
(sole proprietorship,government agency, partnership,corporation,etc.)
If Corporation" State of Incorporation: .
By: CAS Cis"X i c: v; ,;:, By'!L
(Designate official capacity in the busi25p)
Note to Consultant: For corporations, the'contract must be signed by two officers. The first signature must be that of the
chairman of the board, president,or vice-president;the second signature must be that of the secretary,assistant secretary,
chief financial officer, or assistant treasurer. (Civ. Code, Sec. 1190 and Corps. Code. Sec. 313.) The acknowledgment
below must be signed by a Notary Public. i
CERTIFICATE OF ACKNOWLEDGMENT
State of California 1 )
l� ) ss.
County of )
On the date written below, before me, the undersigned Notary Public, personally appeared the person(s)signing above for
Consultant, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s)on theinstrument the person(s), or the entity
upon behalf of which the person(s)acted, executed the instrument.
WITNESS my han and official seal.
Dated:
Notary Public `
(Notary's Seal) ,
EVERETT R.CASTLE III
Commission 0 1770290
(Page 1 of 9) Notary Public -California
Son Francisco County
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3. Parties. Effective on the above date, the above-named Public Agency and Consultant mutually agree
and promise as follows:.
4. Emplovment. 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.
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7. Insurance. Consultant shall,al:no cost to Public Agency, obtain and maintain during the term hereof:(a)
Workers' Compensation Insurance pursuant to state law; (b) Professi�l Liabi ity Insurance with
minimum coverage of$1.000.000.00 and a maximum deductible of$ (740, 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 Countv, 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.
(Page 2 of 9)
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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. I .
13. Ownership of Documents. All materials and records of a finished nature, such as final plans,
specifications, reports, and maps, prepared or obtained in the performance of this Agreement, shall be
delivered to and become the property of Public Agency. All materials of a preliminary nature, such as
survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the
performance of this Agreement,shall be made available, upon request,to Public Agency at no additional
charge and without restriction or limitation on their use.
14. Extra Work. Any work or services in addition to the;work or services described in Appendix 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.
J.
15. Pavment Retention. Public Agency shall retain tenpercent(10%)of the monies due the Consultant as
security for the fulfillment,of this Agreement. After•:,the Consultant has completed all work under this
Agreement, submitted final billing, and the Public Agency has found the work to be accurate, the Public.
Agency will pay all withheld funds. Public Agency will pay withheld funds in accordance with the
requirements of Civil Code Section 3320 as applicable. A retention will not be.withheld for any"on-call"
work.
16. Termination by Public Aaenc:v. 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,`Jand 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 waivers 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.
(Page 3 of 9)
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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. Subcontractina.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:Const.iltant shall endorse all plans, specifications, estimates, reports and other
items described in AppendixA prior to delivering them to Public Agency,and where appropriate, indicate
his/her registration number.
23. Patents and Copvrights. 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 pn:)ducts 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.
(Page 4 of 9)
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27. Proiect Personnel. In performing the services under:this Agreement,Consultant shall use the personnel
listed in Appendix C, attached hereto and made a-part hereof by this reference. Changes in project
personnel may only be made with Public Agency's,written consent, and Consultant shall notify Public
Agency in writing at least thirty(30)days in advance;of any proposed change. Any person proposed as
a replacement shall possess training, experience and credentials comparable to those of the person
being replaced.
28. Disadvantaqed Business Enterorise(DBE)Reauirements(Federal aid proiects oniv). Consultant shall
comply with all applicable provisions of 49 CFR, Parts 23 and 26, and the County's Disadvantaged
Business Enterprise (DBE) Program, which are incorporated into this Agreement by reference. In
addition, in performing services under this Agreement, Consultant shall utilize all DBEs listed in
Consultant's written response to the Public Agency's request for qualifications or request for proposal
and shall pay to the listed DBEs the estimatedj,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 ,. good faith effort to replace the original DBE with
another DBE and shall submit:to Public Agency written documentation of such effort.
29. Federal Cost Principles and Procedures (Federal aid oroiects onlvt 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 i(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,Append&B,.Appendix C
Form approved by County Counsel (11/0;0)
(Page 5 of 9)
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APPENDIX
Sco a .of Services
PROJECT DESCRIPTION
The Agreement is between the consultant, Zentner and Zentner (Zentner) and Contra Costa County Public
Works Department (Dept.) on behalf of the Contra Costa County Flood Control and Water Conservation
District(District). Zentner shall provide environmental analysis, maintenance and monitoring services, prepare
and submit reports for the Grayson Creek Tree Mitigation and Monitoring_Project, located in the Pacheco area,
in central Contra Costa County.
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PROJECT BACKGROUND/DESCRIPTION. .
In order to conduct necessary silt removal along Grayson Creek, several trees required removal. Because the
trees were located within the California Department of Fish and Game's (DFG) jurisdiction, the District is
required to mitigate for the loss of the trees.
On behalf of the District, the Dept. shall coordinate and,;implement contract work with.Zentner in order to
conduct the required work, described in the Scope of Work, listed below;
SCOPE OF WORK
II;
The Dept. shall require Zentner to install trees and plants,; maintain and monitor the trees and plants for a
period of three years for the Grayson Creek Tree Mitigation & Monitoring project. The Dept. shall provide
Zentner site plan maps to identify the locations for all work to be done. Work shall include;
Task 1. Plant Installation
Plant installation shall include planting and staking 9 California native (native)/5-gallon
trees. Zentner will not install weed control jfabric because of its negative effects. Zentner
shall provide for pre-emergent and post emergent weed control as well as mulch.Clean-
up of all plant installation materials is also included. In summation, Zentner shall provide;
1. Verification of existence and location of utilities
2. Tree acquisition and installation (9 native/5-gallon trees)
3. Tree staking
4. Weed control
5. Site clean-up
Task 2. Plant Maintenance
Plant maintenance shall include watering, weed control, mulch, and replacement planting
of trees for a period of.-three years. Plant Maintenance shall be conducted for a period
of three years, commencing from the Notice to Proceed date, and includes;
1 Watering shall be performed by hand or an irrigation truck, as follows;
a. First Year; weekly watering for six months
(May thru October, 2008), and
b. Second Year; weekly watering for three months
(July through September, 2009), and
c. Third Year; weekly watering for one month (August, 2010).
(Page 6 of•9)
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APPENDIX .A. .
Scope of Services
Task 2. Plant Maintenance (c onlinued)
2. Mechanical Weed control shall beperformed, as follows;
,.
a. Once yearly in the late spring to coincide with the timing of greatest weed
growth, for the term of this contract.
3. Pre-emergent herbicide application shall be performed, as follows;
a. Once, in the winter of the second year (2009)
4. Replacement mialch';
a. Shall be provided with any replacement trees that are planted.
5. Furnishing and installing replacement plants/trees;
a. Due to the lack of irrigation; replacement trees will be provided only
once, with a maximum of u'p to 7 trees total of the nine originally
planted.
Task 3. General Site Maintenance
Site maintenance shall include twice yearly(April and August) removal and disposal of
trash, debris, and weeds around the planted trees and watering basins only.
Task 4. Inspections and Report:inci
Zentner shall participate in inspections required for compliance with the DFG
Agreement. Dept. Environmental staff shall notify Zentner of meeting dates and
locations. Zentner shall also provide a Computer Aided Drafting (CAD) graphic of the
as-built to Dept. Environmental staff.
Monitoring reports, which detail the survival and health of the trees and growth of the
trees over the 3-year monitoring period, shall be submitted annually to Dept.
Environmental staff at 255 Glacier Drive, Martinez, CA 94553. The first annual
monitoring report shall be submitted by the end of March following the first complete
year of maintenance. A summary of the yearly maintenance records will be included
as part of the annual monitoring reports.
(Page 7 of 9)
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APPENDIX B
-Professional ServicesPentRates
_-----.......... ._.......-----
------_J
Job Title I Rate-per hour (range)
Principal 1 $200-$260
Associate Principal $155-$195
Project Manager $130-$170
Project Scientist I $90-$130
Landscape Arch itect/DeEsig ner 1 $100-$140
Assistant Project Scientist $90-$150
Administrative $60-$120
Note: Rates shall remain in effect for the duration of the contract. Monthly invoices shall
be submitted for payment, based on work completed.
Reimbursables: In order to be compensated, please provide the following information:
Mileage $0.505/mile
(for all vehicle types; (not to exceed the Federal IRS published rate)
Meals, Parking and Toll, if applicable at cost (attach documentation/receipts)
Direct Expenses. Rate:
Copie at cost (attach documentation/receipts)
Film developin at cost (attach documentation/receipts))
Postage/Express Ma at cost (attach documentation/receipts)
Other Incidental; at cost (attach documentation/receipts)
Administrati6n charge Not to exceed 10%
(Page 8 of 9)
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APPENDIX C
Project Personnel
Job
John Zentner - Principal
Sean Micallef— Associate Principal I
David Self— Project Manager
Michelle Giolli — Project Scientist
i
Lesley Drummond -- Project Scientist
Brian Davis— Administrative
Carissa Weir— Administrative
Marion Navassartian — Landscape Architect
Principal !
Associate Principal j
i Project Manager
Project Scientist
Landscape Architect/Designer
Assistant Project Scientist
Administrative
(Page 9 of 9)
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