HomeMy WebLinkAboutMINUTES - 03112008 - C.9 Cal
sent
T BOARD OF SUPERVISORS Contra
/' - ',• Costa
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: - March 11, 2008
County
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with
Zentner and Zentner, Pleasant Hill area. (Reliez Valley Road Specific Plan Funds)(District IV)
Project No.: 0662-6R4286
SITC'If1C.:RE1UESl(S)OR RECOMMI:NDA1'ION(S)&BACKGROUND AND-JuSTIPIC'ATION
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 $25,000 to provide planting, maintenance and monitoring services for the
Reliez Valley Road Tree Mitigation&Monitoring project,effective for the period March 1,2008 through December
31, 2011.
FISCAL IMPACT:
There is no impact to the County General Fund. This project is funded by Reliez Valley Road Speci fie Plan Funds
(100%).
Continued on Attachment: ® SIGNATURE.
2 RECONINIENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMEN6 TION OF BOARD COMMITTEE
Q-'AI31'ROVE OTIIER
SIGNATURE(S):
ACTION OF BC L ON C3/ LL ( 10 4R
APPROVED AS RECOMMENbEb _OTHER ❑
VOTE OF SUPERVISORS
�f') I hereby certify that this is a true and correct copy of an action
UNANIMOUS(ABSENTD1 �T.
AYES: NOES: taken and entered on the minutes of the Board of Supervisors on
ABSENT._- _ABSTAIN: the date shown.
G:'•.I:ngSvc\I_:NVIR(.)\130\.2003\(03-1 I-t)3)CSA-Zentner(Relie-r.=free Ntit.).doc ATTESTED:.. O
Orifi.Div:Public Works(Environmental Section) JOHN CULLEN,Clerk of the Board of Supervisors and County
Contact: Trina Torres,(313-2176)
cc: Administrator--Attn.E.Kucvor
Administrator,
Auditor-Controller r
Public Works: Accounting
Environmental–L.Chavez Bn ' ,Deputy
Environmental–T.Torres \
Transportation Engineering--C.LAU 1
. .i
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with
Zentner and Zentner, Pleasant Hill area. (Reliez Valley Road Specific Plan Funds) (District IV)
Project No.: 0662-6R4286
DATE: March 11, 2008
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The Reliez Valley Road Pedestrian Path project required removal of several trees in order to install two retaining
walls. Because the trees were located within the California Department of Fish and Game's(DFG)jurisdiction,the
Contra Costa County Public Works Department 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 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 Reliez Valley Road Tree
Mitigation and Monitoring Project 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
funding and cause delays in the constriction of the project.
CONSULTING SERVICES AGREEMENT
1. Special Conditions: These Special Conditions are incorporated below by reference.
(a) Public Agency: Contra Costa County Public Works Den_artment
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: Reliez Valley Road Tree Mitigation& Monitorine_ nroiect
Proi. No. 0662-6R4286
(unincorporated Pleasant Hill area)
(d) Effective Date: March 1..2008 (e) Payment Limit s): $25,000
(f) Completion Date(s): December 31, 2011
FOR a PJ- 01V7,
2. Signatures.These signatures attest the parties' agreement hereto:. SILVANO B.,
PUBLIC AGENCY CONSULTANT By Deputy �_�-•-
By: Maurice M. Shiu
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
J ( eqnat6 official c6pacify in'the businesses
0
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 California
�f�1V1+NlL�1 ) 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 sigrature(s)on the instrument the person(s), or the entity
upon behalf of which the person(s)acted, executed the instrument.
WITNESS my hand an official seal. 114-
Dated:
4Dated: f t o
Notary Public
(Notary's Seal) EVERgyq R.GA6gbE III
Commission # 1770230
(Page 1 of 9).. Wary Public •California
Son Francisco Coulft
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entsentner-Rcliez VlyRcl Tree Mit.d �
3. Parties. Effective on the above date, the above-named Public Agency and Consultant mutually agree
and promise as follows:
4. Emr)lovment. 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 limif 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 reprdsents'l 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 df $I,d00,000.00 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 theJoregoing, 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 thanthe Completion Date(s) listed.above.
11. Record Retention and Auditinq. 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.. leastfive 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 deliverto PublicAgencyat no additional charge,the items
described in Appendix A to document the performance of this Agreement and shall furnish to Public
Agency such information as is necessary to enable'Public Agency to monitor the performance of this
Agreement.
13. Ownership of Documents. All materials and records of a finished nature, such as final plans,
specifications, reports, and maps, prepared orobtained 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 lavailable, 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 A 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. 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:,llwill 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 Aaencv. 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 Leases 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'i 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. Assianment. 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 purportedassignment-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. Consultant shall endorse all'plans, specifications, estimates, reports and other
items described in Append&A prior to delivering them to Public Agency,and where appropriate,indicate
IN
his/her registration number.
23. Patents and Cor)vrights. The issuance of a patent oi�,copyright to Consultant or any other person shall
not affect Public Agency's rights to the.materials and1records prepared orobtained 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,'unles's 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, co.ntractors,•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 forthe 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 Assians. 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 PublicAgency..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.
(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. Disadvantaged Business Enterr)rise(DBE) Requiremients(Federal aid proiects onlv). 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 Agreelment, Consultant shall utilize all DBEs listed in
Consultant's written response to the Public Agency',s requestfor 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 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 aJ'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 proiects onlv). Consultant shall comply with the
following provisions,which are incorporated into thi!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)
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APPENDIX A — --
•
i
Scope 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, maintenance and monitoring
services, prepare and submit reports forthe Reliez Valley Road Tree Mitigation and Monitoring Project, located
in the unincorporated Pleasant Hill area, in central Contra;Costa County.
1PROJECT BACKGROUND/DESCRIP:TION.
The Reliez Valley Road Pedestrian Path project required removal of several trees in. order to install two
retaining walls. Because the trees were located within theCalifornia Department of Fish and Game's (DFG)
jurisdiction, the Dept. is required to mitigate for the loss of the trees.
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
The Dept. shall require Zentner toinstall trees and plants, maintain and monitor the trees and plants for a
period of three years for the Reliez Valley Road 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:15 native Cal ifornia,(native) trees in
4 x 14-inch tree pots. Zentner will not install weed control fabric 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'shall also be included. In summation,
Zentner shall provide;
1. Verification of existence and location of, utilities
2. Tree acquisition and.installation (15 native in 4 x 14-inch tree .pots)
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.Mainten'ance 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
S'cope:;ofServices
Task 2. Plant Maintenance (continued)
2. Mechanical Weed control shall be performed, 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 ishall be performed, as follows;
a. Once, in the winter of the second year (2009)
4. Replacement mulch;
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 up to 12 trees total of the fifteen 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 Reportinq
Zentner shall participate in inspections; required for compliance with the DFG
Agreement. Zentner shall also provide a ComputerAided 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 Services .Payment/Rates
Job Title Rate-per hour (range)
Principal 1 $200-$260
Associate Principal II $155-$195.
Project Manager $130-$170
Project Scientist I $90-$130
Landscape Arch ite' ct/Designer $100-$140
Assistant Project Scientist $90-$150
Administrative d $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/m.ile.
(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)
Administration charge Not:to exceed 10%
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APPENDIX C .
Project Personnel
' J
Job Title
_
hn Zentner - Principal
Sean Micallef-Associate Principal.:,
David Self Project Manager
Michelle Giolli-- Project Scientist_ ` _-
Lesley Drummond - Project Scientist -
BBrian Davis -Administrative _
C rissa Weir- Administrative
a e
Marion Navassartian - Landscape Architect
Principal _
;Associate. Principal
Project Manager
Project Scientist
Landscape Arch itect/Designer
Assistant Project Scientist _
Administrative
. i
i
i
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