HomeMy WebLinkAboutMINUTES - 03112008 - C.4 cj�I
TO: BOARD OF SUPERVISORS �t>-=sti�t=-�� Contr
FROM: MAURICE M. SH.IU PUBLIC WORKS DIRECTOR - - Costa
V.,
DATE: . March 11, 2008 �'�i��j��;�'�..
County
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with
Zentner and Zentner, Richmond area. (Federal High Risk Rural Road Funds and Proposition 1B
Funds) (District 1) Project No.: 0662-6R4095
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&•BACKGROUND AND JUSTIFICATION
RECOMMENDED ACTION:
APPROVE and AUTHORIZE the Public Works Director, or designee, to. execute a contract with Zentner and
Zentner, in an amount not to exceed $28,000 to provide environmental analysis for the Alhambra Valley Road
Shoulder Widening and Bicycle Facility Improvement project, effective for the period March 1, 2008 through
December 31, 2010.
FISCAI. IMPACT:
There is no impact to the County General Fund. This project.is funded by Federal High Risk Rural Road Funds
(45%) and Proposition 1B Funds (55%).
Continued on Attachment: ® SIGNATURE:
RECOMMENDATION OF COUNTY ADMINIS'T'RATOR ❑ RECOMMENDATION OF BOARD COMMITTEE
1'PROVE TFIER
SIGNATURE(S):
ACTION OF BA ON
APPROVED AS COMMENDED THER ❑
tVOTE- Or SUPERVISORS
UNANIMOUS(ABSENT ) I hereby certify that this is a true and cot•rect copy of an action
AYES: NOES: taken and entered on the minutes of the Board of Supervisors on
ABSENT: ff ABSTAIN: the date shown.
T I':ab
G:\EngSvc\ENVIRO\BO\2008`.(03-11-08)CSA-Zentner(Alhambra Vly.Rd.).doc ATTESTED: O Z l /O 9
Orig.Div:Public Works(Environmental Section) JOHN CULLEN, Clerk of the Board of Supervisors and County
Contact: Trina Torrcs,(313-2176)
Administrato
cc: Administrator—Ann.E.Kuevor '
Auditor-Controller I
Public Works: Accountim*
Environmental—L.Chavez By
Deputy
Environmental—T.Torres
Transportatim Engineering—C.I.ju
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with
Zentner and Zentner, Richmond area. (Federal High Risk Rural Road Funds and Proposition 1B
Funds)(District I) Project No.: 0662-684095
DATE: March 11, 2008
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The Alhambra Valley Road Widening and Bicycle Facility Improvement project consists of widening a 2,300 ft.
section of Alhambra Valley Road,beginning at approximately,4,700 feet east of Castro Ranch Road. This project
will provide roadside shoulders and a bike facility.
This project is federally funded, and requires special biological studies in support of the National Environmental
Policy Act(NEPA)analysis. The contract is needed to assist Contra Costa County Public Works Department staff
with'the necessary environmental analysis and studies required for this project.
Zentner and Zentner, a certified small business, shall provide required environmental analysis as described within
the contract.
CONSEQUENCES OF NEGATIVE ACTION:
If the contract is not approved, necessary environmental clearances will not be obtained, which may jeopardize
finding and cause delays in the construction of the project.
' S
CONSULTING SERVICES AGREEMENT
1. Special Conditions. These Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa Countq Public Works Department
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: Alhambra Valley Road Shoulder Widening and
Bicycle Facility Improvement project(Biological)
Proj. No. 0662-6R4095
(unincorporated Richmond area)
(d) Effective Date: March 1, 2008 (e) Payment Limit(s): $28,000
(f) Completion Date(s): December 31, 2010 FORM APP:<_UVE
SILVANO B.MAR r .Cc: n : ^unset
2. Signatures.These signatures attest the parties' agreement hereto:
By Deputy
PUBLIC AGENCYCONSULTA T
By: Maurice M. Shiu
Public Works Director/ By: kJ
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: (4,tq'i
:- eslgnate official capacit 'n a business
Note to Consultant: For corporations,the contract must be signed by two officers.The first signature must be that of the
chairman of the board, president, or vice-president; the second signature must be that of the secretary, assistant
secretary, chief financial officer, or assistant treasurer. (Civ. Code, Sec. 1190 and Corps. Code. Sec. 313.) The
acknowledgment below must be signed by a Notary Public.
CERTIFICATE OF ACKNOWLEDGMENT
State of Californi )
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/theyexecuted.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 nd official seal.
Dated:
Notary P6Vic
(Notary's Seal)
EVERETT R.CASTLE III
(Page 1 of 9) Commission 0 17702$0
Notary Public -California �
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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. 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 Lia ility 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 Countt�, 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 C to
County designated by Public Agency, and without restriction or limitation on their use.
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12. Documentation. Consultant shall prepare and deliver to Public Agency at no additional charge, the
items described in Appendix to document the performance of this Agreement and shall furnish to
.Public Agency such information as is necessary to enable Public Agency to monitor the performance
of this Agreement.
13. Ownership of Documents. All materials and records of a finished nature, such as final plans,
specifications, reports,and maps, prepared or obtained in the performance of this Agreement,shall be
delivered to and become the property of Public Agency. All materials of a preliminary nature, such as
survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the
performance of this Agreement, shall be made available, upon request, to Public Agency at no
additional charge and without restriction or limitation on their use.
14. Extra Work.Any work or services in addition to the work or services described in AppendixA shall be
performed by Consultant according to the rates or charges listed in Appendix B. In the event that no
rate or charge is listed for particular type of extra work, Consultant shall be paid for the extra work at
a rate to be mutually agreed on prior to commencement of the extra work. In no event shall Consultant
be entitled to compensation for extra work unless a written authorization or change order describing
the work and payment terms has been executed by Public Agency prior to the commencement of the
work.
15. Payment Retention. Public Agency shall retain ten percent(10%)of the monies due the Consultant as
security for the fulfillment of this Agreement. After the Consultant has completed all work under this
Agreement, submitted final billing, and the Public'Agency has found the work to be accurate, the
Public Agency will pay all withheld funds. Public Agency will pay withheld funds in accordance with the
requirements of Civil Code Section 3320 as applicable.A retention will not be withheld for any"on-call"
work.
16. Termination by Public 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.
(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 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 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 products to other Consultants, the Public Agency's
governing board, its officers, or others who may be authorized by the Public Agency's gove ing
board or by law to receive such views..
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27. Project 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 projects only). Consultant shall
comply with all applicable provisions of 49 CFR, Parts 23 and 26, and the County's Disadvantaged
Business Enterprise (DBE) Program, which are incorporated into this Agreement by reference. In
addition, in performing services under this Agreement, Consultant shall utilize all DBEs listed in
Consultant's.written response to the Public Agency's.request for qualifications or request for proposal
and shall pay to the listed DBEs the.estimated amounts listed in Appendix B attached to this
Agreement. The Consultant shall not substitute a fisted DBE at any time or decrease the amount to
be paid to a listed DBE without the advance, written consent of the Public Agency. If a listed DBE is
proposed to be replaced, Consultant shall make a good faith effort to replace the original DBE with
another DBE and shall submit to Public Agency written documentation of such effort.
29. Federal Cost Principles and Procedures(Federal aid 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,Appeted& C
Form approved by County Counsel (11/00)
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r' APPENDIX A
Sco a of Services
PROJECT DESCRIPTION
The Agreement is between the consultant, Zentner and Zentner(Zentner)and Contra Costa County Public
Works Department (Dept.). Zentner shall provide environmental analysis, conduct studies, prepare and
submit reports for the Alhambra Valley Road Shoulder Widening and Bicycle Facility Improvement Project,
unincorporated Richmond area, in west Contra Costa County.
PROJECTBACKGROUND/DESCRIPTION
The Alhambra Valley Road Widening and Bicycle Facility Improvement project consists of widening a section
of Alhambra Valley Road, beginning at approximately, 4,700 feet east of Castro Ranch Road, heading east
2,300 feet, to provide shoulder, as well as constructing a bicycle facility .
This project is federally funded, which requires special biological and wildlife studies under the National
Environmental Policy Act (NEPA).'Therefore, the Contra Costa County Public Works Department(Dept.)
shall enter into a Consulting Services Agreement(Agreement).with Zentner and Zentner(Zentner), in support
of this project.
SCOPE OF WORK
Zentner shall provide Biological Assessment (BA) and Wetland. Delineation as follows;
Zentner shall prepare the Natural Environmental Study/Biological Assessment(NES/BA)and Wetland
Delineation reports following Caltrans Guidance for Consultants-Procedures for Completing the NES
and Related Biological Reports (3/97) or,any updated guidance.
A) Conduct Biological Assessment (Flora and Fauna)
1. Review relevant databases
Review California Natural Diversity Data Base (CNDDB) and other databases
• Contact local or agency biologists regarding known occurrences of listed species
(endangered, threatened, or rare), if warranted
• Contact species experts, if warranted.
2. Conduct site visit to characterize habitats and wildlife/vegetation present within the Area
of Potential Effect (APE) °
• Conduct walking survey to characterize wildlife and plant habitats including special
habitat features and identify wildlife and plant species potentially present at the
proposed project site and adjacent areas
• Identify adjacent land uses and photograph relevant features of the site .
3. Prepare a.Biological Assessment report (following Caltrans Guidance for Consultants)
(Page 6 of 9)
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APPENDIX A
ScoP-_"a"of Services
- -_ "--_ -----. ----------------------
B) Conduct Wetland Delineation
1. Review the National Wetland Inventory. Map compiled by the U.S. Fish and Wildlife
Service (USFWS)
2. Determine the boundaries of any pools, we streams, sloughs including ordinary
High Waters (OHW) following the Corps of.Engineers Wetland Delineation Manual
(Environmental .Laboratory, 1987) and the Arid West Supplement, or most recent
guidance.
. 3. Prepare a map of any wetlands/waters of the U.S. using digital and/or hard copy maps
provided by Dept. Environmental staff. The delineation report should follow both the
Caltrans Guidance for Consultants format and the 1987 delineation manual and the Arid
West Supplement, or most recent guidance.
4. Conduct a field verification with U.S. Armyi'Corps of Engineers (USACE), if requested
(Department staff may take the lead on the field verification)
C) Prepare Natural Environment Study
1. Prepare the NES following Caltrans Guidance to Consultants
2. The NES shall include the BA and the wetland delineation and will synthesize the results
of the BA and the wetland delineation
D) Attend Meetings with Caltrans
Coordinate and attend meetings with Caltrans and/or the Dept. Environmental staff to discuss
results of BA and wetland delineation.
E) Prepare Revisions to NES, BA, and Wetland Delineation
All Draft documents shall be submitted to Dept. Environmental staff for review prior to
submittal to Caltrans, Federal Highway Administration (FHWA) or any other agency
1: Prepare two rounds of comments for Dept. Environmental staff
2. Prepare two rounds of comments for Caltrans
F) Report Deadlines
The NES and BA shall be'submitted to the Dept. Environmental staff at the Contra Costa
County Public Works Dept. at 255 Glacier Drive,Martinez, CA 94553, no later than 6 weeks
following authorization to proceed (unless otherwise agreed to by the Dept. Environmental
staff). The final report shall be submitted to the Dept. Environmental staff at the above listed
address, no-later than ten days following receipt of comments from Dept. Environmental staff.
Zentner may be able to determine that there is no possibility listed plants (endangered,
threatened, or rare) will be a concern. If Zentner cannot make the determination that listed
plants will not be a concern, based on records and available habitat, then spring surveys may
be necessary', upon approval from Dept. Environmental staff.
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I- ---. ----- ----- . APPENDIX B
Professional Services P4yriient/Rates
Job Title Rate-per hour (range.)
Principal $200-$260
Associate Principal $155-$195
Project Manager $130-$170
Project Scientist $90-$130
Landscape Architect/Designer . $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:
Copies at cost (attach documentation/receipts)
Film developing at cost (attach documentation/receipts))
Postage/Express Mail at cost (attach documentation/receipts)
Other Incidentals; at cost (attach documentation%receipts)
Administration charges Not to exceed 10%
t
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- - -- --- APPENDIX C
Project Personnel
Job Title
John Zentner - Principal
Sean Micallef_ Associate Principal. _
David Self- Project Manager _
Michelle Giolli - Project Scientist
Lesley Drummond - Project Scientist
Brian Davis - Administrative
Carissa Weir - Administrative
Marion Navassartian - Landscape Architect .
Principal - --- -- _1
Associate Principal
Project Manager -
Project Scientist _
Landscape Architect/Designer
Assistant Project Scientist
Administrative
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