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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 � G:\EngSvc\ENVIR0\GSA's&Contracts\2008\Agreements\(1-13)Alhambra VlyRdShouldr i -Zli fi3Wtsco County 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. (Page 2 of 9) G:\EngSvc\ENVIRO\GSA's&Contracts\2003\_.Agreements\(1-B)Alhambra V1yRdShouldr Widen(BIO)-ZENTNER.doc 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) GAEngSvc\ENV1R0\CSA's&Contracts\2008\Agrecmcnts\(1-13)Alhambra V1yRdShouldr Widen(1310)-7ENTNER.doc 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.. (Page 4 of 9) G:\EngSvc\ENVIRO\CSR's R Contracts\2008\Agreements\(i-B)Alhambra VlyRdShouldr Widen(BIO)-7ENTNER.doc 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) (Page 5 of 9) G:\EngSvc\ENV1R0\GSA's&Contracts\2008\Agreements\(1-B)Alhambra V1yRdShouldr Widen(1310)-ZENTNER.doc 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) (3:\EngSvc\ENVIR.O\CSA's&Con tracts\2008`.Agreements\(1-B)Alhambra VlyRdSh6uldr Widen(BIO)-ZENTNER.doc 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. (Page 7 of 9) G:\EngSvc\ENV1RO\GSA's&Contracts\2008\Agreements\(I-B)Alhambra VlyRdShouldr Widen(BIO)=ZENTNER.doc 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 (Page 8 of 9) G:\EngSvc\ENVIRO\CSR's&Contracts\2008\Agrecmcnts\(I-B)Alhambra VlyRdShouldr Widen.(BIQ)-ZENTNER.doc - - -- --- 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 (Page 9 of 9) G:\EngSvc\ENVIRO\CSR's&Contiacts\2008\Agreements\(I-B)Alhambra VlyRdShouldr Widen(BIO)-ZENTNER.doc