HomeMy WebLinkAboutMINUTES - 04222008 - C.7 sti L _
TO: BOARD OF SUPERVISORS --------- Con ra�-t=•°�
FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa
DATE: April 22, 2008 °°,1 �=- County
a courr�
SUBJECT: APPROVE and AUTHORIZE the Public Works Director,-or designee, to execute a contract with
WRA, Inc.,Brentwood and Antioch areas. (55%Proposition 1 B and 45%Federal High Risk Rural
Funds) (Districts III and V) Project No.: 0662-6R4099
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 WRA,Inc., in an
amount not to exceed $35,000 to provide environmental analysis for the Deer Valley Road Shoulder Widening
Project, for the period May 1, 2008 through December 31, 2010.
FISCAL IMPACT:
There is no itnpact to the County General Fund. This project is funded by Federal High Risk Rural Road Funds
(45%) and Proposition 1 B Funds (55%).
Continued on Attachment: ® SIGNATURE: 0--O�Jd
[[+� R OMNIENDATION OF COUNTY ADMINISTRATOR ❑ RECOMMEN TION OF BOARD COMMITTEE
r1PPROVE ❑ OTHER
SIGNATURE(S): r
0
ACTION OF B DON 22 06
APPROVED AS RECOMMENDED OTHER ❑
VOCE OF SUPERVISORS
tx UNANIMOUS(ABSENT ) 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 sl�o�m.
TT:ab I r� y
G:\IatgSvc\ENVIItO\BO`:2008\(04-22-08)CSA-WRA(Deer Vly Rd.-B10).duc ATTESTED: C)4 Z dg
Orig.Div:Public Works(Environmental Section) JOHN CULLEN,Clerk of the doard of Supervisors and County
Contact: Trina Torres(313-2176)
cc: Administrator—Atte.E.Kuevor Administrator
Auditor-Controller
Public Works: Accounting-C.Raynolds.
Environmental—K.Birden By Deputy
Transportation Engineering—.C. Lau
SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with
WRA,Inc.,Brentwood area. (55%Proposition 1 B and 45%Federal High Risk Rural Road Funds)
(District 111) Project No.: 0662-6R4089
DATE: April 22, 2008
PAGE: 2 of 2
REASONS FOR RECOMMENDATIONS AND BACKGROUND:
The purpose of the Marsh Creek Road Shoulder Widening Project is to improve and rehabilitate approximately
2,900 linear feet of rural roadway segments. The intention of this project is to help reduce traffic collisions on this
important travel route that connects Eastern and Central Contra Costa County. The Project consists of widening
Marsh Creek Road from Round Valley Park to Lydia Lane (unincorporated Brentwood area) and instal Iing.other
necessary improvements to rehabilitate this segment of roadway.
This Project is federally funded, therefore special environmental assessments and studies pursuant to the National
Environmental Policy Act (NEPA) Guidelines are required. The Public Works Department has detennined that
WRA is qualified to conduct the necessary work for this project.
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 construction 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 Dept
255 Glacier Drive, Martinez CA 94553
(b). Consultant's Name & Address: WRA Environmental Consultants
2169-G East Francisco BIvd.
San Rafael, CA 94901
(c) Project Name, Number, & Location: Deer Valley Road Shoulder Widening (Biological)
Proj. No.'0662-6R4099
East Contra Costa Coun ty (Brentwood area__
(d) Effective Date: May 1, 2008 (e) Payment Limit(s): 35 000
(f) Completion Date(s): December 31, 2010 FO P R }V E1)
SILVANO B.MA ' tS1,Co Counsel
2. Signatures.These signatures attest the parties' agreement hereto: By Deputy
PUBLIC AGENCY CONSULTANT
By: Julie. Bueren ^Dou�� S
Public Works Director/ By: t�
Chief Engineer, Secretary, or Designee (Designate offi al cap c' in the business Type of Busi ess:
(sole proprieto ip,government agency,partnership,corporation,etc.)
If Corporation, State of Incorporation: C-41'' ` e
B . By: JZ11
(D signate official capacity in.t a business)
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 )
ss.
County oft�1-�^ )
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)iX/are subscribed to the within instrument and acknowledged to me that f /they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s)acted, executed the instrument.
WITNESS my hand and official seal
Dated: `1 0 — 1-0 r 0 0@AMA
ALI NABIPOUR f�`- c'
1 COMM.#1612607NOTARYpUBL'IC•(Notary's Seal) CALIFORNIA0'lMAR1N COUNTYy Comma Expires November 11,2009
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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 Appendix A, attached hereto and made a
par; hereof by this reference.
6. Report Disclosure Section. Any document or written report prepared hereunder by Consultant, or a
subcontractor,for Public Agency shall contain,in a separate section,the numbers and dollar amounts
of this contract and all subcontracts relating to the preparation of such document or written report,
provided that the payment limit specified in Sec. 1(e)exceeds $5,000. When multiple documents or
written reports are the subject or products of this agreement,the disclosure section may also contain
a statement indicating that the total contract amount represents compensation for multiple documents
or written reports.
7. Insurance. Consultant shall,at no cost to Public Agency, obtain and maintain during the term hereof:
(a)Workers'Compensation Insurance pursuant to state law; (b)Professional Liability Insurance with
minimum coverage of$1,000,000.00 and a maximum deductible of$50,000.00;and(c)Comprehensive
General Liability Insurance, including blanket contractual(or contractual liability)coverage,broad form
property damage coverage, and coverage for owned and non-owned vehicles, with a minimum
combined single limit coverage of $1,000,000.00 for all damages due to bodily injury, sickness or
disease,or death to any person, and damage to property, including the loss of use thereof,arising out
of Each accident or occurrence, and naming Public Agency, Contra Costa County Flood Control
and Water Conservation District, its/their governing bodies, officers and employees as additional
insureds. Consultant shall promptly furnish to Public Agency certificates of insurance evidencing such
coverage and requiring 30 days' written notice to Public Agency of policy lapse, cancellation or
material change in coverage.
8. Payment. Public Agency shall pay Consultant for professional services performed at the rates shown
in Appendix B attached hereto, which include all overhead and incidental expenses, for which no
additional compensation shall be allowed. Notwithstanding the foregoing,those incidental expenses
specifically itemized in Appendix B shall be reimbursable by Public Agency to Consultant, provided
that Consultant submits copies of receipts and, if applicable,a detailed mileage log to Public Agency.
In no event shall the total amount paid to Consultant exceed the payment limit(s) specified in Sec.
1(e) without prior written approval of the Public Agency. Consultant's billing statements shall be
submitted at convenient intervals approved by Public Agency and shall list,for each item of services,
the employee categories, hours and rates. Public Agency will pay consultant in accordance with the
requirements of Civil Code Section 3320 as applicable.
9. Status. The Consultant is an independent contractor, and shall not be considered an employee of
Public Agency.
10. Time for Completion. Unless the time is extended in writing by Public Agency, Consultant shall
complete all services covered by this Agreement no later than the Completion Date(s) listed above.
11. Record Retention and Auditing. Except for materials and records delivered to Public Agency,
Consultant shall. retain all materials and records prepared or obtained in the performance of this
Agreement, including financial records,for a period of at least five years after Consultant's receipt of
the final payment under this Agreement. Upon request.by Public Agency, at no additional charge,
Consultant shall promptly make such records available to Public Agency, or to authorized
representatives of the state and federal governments, at a convenient location within Contra Costa .
County designated by Public Agency, and without restriction or limitation on their use.
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12. Documentation. Consultant shall prepare and deliver to Public Agency at no additional change, 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 Appernd&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. 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.
20. Assrsnq ment. 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.
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21. Subcontracting.All subcontracts exceeding $25,000 in cost shall contain all of the required provisions
of this contract. Consultant will pay each subconsultant in accordance with the requirements of Civil
Code Section 3321 as applicable.
22. Endorsement on Plans.-Consultant shall endorse all plans, specifications, estimates, reports and
other items described in Appendix A prior to delivering them to Public Agency, and where
appropriate, indicate his/her registration number.
23. Patents and Copyrights:The issuance of a patent or copyright to Consultant or any other person shall
not affect Public Agency's rights to the materials and records prepared or obtained in the performance
of this Agreement. Public Agency reserves a license to use such materials and records without
restriction or limitation,and Public Agency shall not be required to pay any additional fee or royalty for
such materials or records. The license reserved by Public Agency shall continue for a period of fifty
years from the date of execution of this Agreement,unless extended by operation of law or otherwise.
24. Indemnification. Consultant shall indemnify,defend,save,protect,and hold harmless Public Agency,
its governing body,officers, employees, representatives,and agents("Indemnitees")from any and all
demands, losses, claims, costs, suits, liabilities, and expenses for any damage, injury, or death
(collectively "Liability") arising directly or indirectly from or connected with the services provided
hereunder which is caused,or claimed or alleged to be caused, in whole or in part,by the negligence
or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants, or
any persons under its direction or control and shall make good to and reimburse Indemnitees for any
expenditures, including reasonable attorneys'fees and costs,the Indemnitees may make by reason
of such matters and , if requested by any of the Indemnitees,shall defend any such suits at the sole
cost and expense of Consultant. Consultant's obligations under this section shall exist regardless of
concurrent negligence or willful misconduct on the part of the Public Agency or any other person;
provided, however, that-Consultant shall not be required to indemnify Indemnitees for the proportion
of liability a court determines is attributable to the negligence or willful misconduct of the Public
Agency, its governing body, officers, or employees. This indemnification clause shall survive the
termination or expiration of this Agreement.
25. Heirs, Successors and Assigns. Except as provided otherwise in Section 20 above, this Agreement
shall inure to the benefit of and bind the heirs,'successors,executors, personal representatives,and
assigns of the parties.
26. Public Endorsements.Consultant shall not in its capacity as a Consultant with Public Agency publicly
endorse or oppose the use of any particular brand name or commercial product without the prior
approval of the Public Agency's governing board. In its Public Agency Consultant capacity,Consultant
shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial
product in the absence of a well-established and widely accepted scientific basis for such claims or
without the prior approval of the Public Agency's governing board. In its Public Agency Consultant
capacity, Consultant shall not participate or appear in any commercially-produced advertisements
designed to promote a particular brand name or commercial product,even if Consultant is not publicly
endorsing a product, as long as the Consultant's presence in the advertisement can reasonably be
interpreted as an endorsement of the product by or on behalf of Public Agency. Notwithstanding the
foregoing, Consultant may express its views on products to other Consultants, the Public Agency's
governing board, its officers, or others who may be authorized by the Public Agency's governing
board or by law to receive such views.
27. 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.
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28. Disadvantaged Business Enterprise(DBE)Requirements(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 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 listed DBE at any time or decrease the amount to
be paid to a listed DBE without the advance,written consent of the Public Agency. If a listed DBE is
proposed to be replaced, Consultant shall make a good faith effort to replace the original DBE with
another DBE and shall submit to Public Agencywritten documentation of such effort.
29. Federal Cost Principles and Procedures (Federal aid proiects only). Consultant shall comply with the
following provisions,which are incorporated into this Agreement by reference: (a)the cost principles
for allowability of individual items of costs set forth in 48 CFR, Chapter 1, Part 31: (b) the
administrative procedures set forth in 49 CFR, Part 18;and (c)the administrative procedures for non-
profit organizations set forth in OMB Circular A-110, if applicable to Consultant. In the event that
payment is made to Consultant for any costs that are determined by subsequent audit to be
unallowable under 48 CFR, Chapter 1, Part 31, Consultant shall refund the payment to Public Agency
within 30 days of written request from Public Agency. Should Consultant fail to do so, and should the
Public Agency file legal action to recover the refund, Consultant shall reimburse the Public Agency for
all attorney's fees, costs, and other expenses incurred by Public Agency in connection with such
action.
Attachments:Appendix A,Appendix B,Appendix C
Form approved by County Counsel (11/00)
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APPENDIX A
-Scope of Services-
SCOPE OF SERVICES
The Agreement is between WRA Environmental Consultants (WRA) and Contra Costa County
Public Works Department (Dept.) to provide environmental analysis and prepare environmental
documents for the Deer Valley Road Shoulder Widening Project(unincorporated Brentwood area),
in east Contra Costa County.
A. PROJECT BACKGROUND
The purpose of the Deer Valley Road Shoulder Widening Project is to improve roadway segments
on Deer Valley Road to improve traffic safety along this section of roadway. The project consists of
widening Deer Valley Road (approximately 1,500 linear feet) near Marsh Creek Road and installing
other necessary improvements to enhance roadway safety (unincorporated Brentwood area).
This Project is federally funded, therefore special environmental assessments and studies pursuant
to the National Environmental Policy Act (NEPA) Guidelines are required. The Dept. has
determined that WRA is qualified to conduct the necessary work for this project. Dept.
Environmental staff will notify WRA to commence work within five (5) working days of contract
approval. WRA shall provide services as follows:
B. SCOPE OF WORK
In support of this project, WRA shall provide environmental analysis for the Dept. which will fully
comply with Caltrans NEPA guidelines, as described in Guidelines for Consultants—Procedures for
completing the Natural Environment Study and Related Biological Reports and the Caltrans
Environmental Handbook; Biological Resources, as applicable. WRA will conduct a Natural
Environment Study (NES), Biological Assessment (BA), and Wetland Delineation with field
verification in the proposed project area in order to obtain NEPA and California Environmental
Quality Act(CEQA)clearance. The Dept. shall provide WRA site plan maps to identify the locations
for all work to be done..
WRA shall prepare three written biological technical documents:
1) Wetland Delineation Report,
2) Biological Resources Assessment Report (Caltrans-BA), and
3) Natural Environment Study (Caltrans-NES).
These reports shall be in compliance with Caltrans and Federal Highways Administration
(FHWA) standard biological document formats. WRA shall submit all reports to Kimani Birden,
Environmental Analyst I, Contra Costa County Public Works Dept. 255 Glacier Drive, Martinez,
CA 94553 for review and comment prior to submittal of each final report to Caltrans (see
Schedule section for timelines). ,In addition, pending Dept. approval,-WRA shall coordinate any
additional detailed studies, permitting, or potential mitigation measures that may be required for the
Project.
i
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APPENDIX �A� 771
-Scope of Services-
Task 1 - Natural Environment Study (.NES) / Biological Assessment (BA) (Flora
and Fauna)
Literature Search and Data Review
Prior to the site visit, WRA shall conduct a search of the California Department of Fish
and Game (CDFG) Natural Diversity Database (CNDDB),the California Native Plant Society
database, the US Forest Service database, and the US Fish and Wildlife Service (USFWS)
Contra Costa County(County) list and associated quadrangles list to determine which
protected species, communities and/or critical habitat may.potentially occur in the
vicinity of the site.
WRA shall contact local or agency biologists regarding known occurrences of listed species
(endangered, threatened, or rare) in the vicinity of the project area. Regional habitat
conservation plans (including the Contra Costa Habitat Conservation Plan) and other
local and regional plans, policies and ordinances shall be reviewed as necessary. The
presence or absence of potentially occurring listed species (endangered, threatened, or rare)
and communities and the site's habitat suitability shall be evaluated -by WRA during site
assessments. Based on this search and a review of other CDFG lists and publications,
WRA shall generatea list of potential species (endangered, threatened, or rare).
Site Assessment
WRA shall conduct a site visit of the entire project area. The site shall be traversed on
foot to assess habitat suitability for special status wildlife and plant species. Special
status species are defined as those listed by the CDFG and/or the USFWS as
either endangered, threatened, candidate, or other locally protected sensitive species. If
any special status species are observed, WRA shall report these findings and identify their
location(s) on a project area base map.
Potential use of the site by these species will be ranked as either Not Present, Unlikely,
Moderate, or High depending upon the suitability of the habitat or proximity of any
known records uncovered in the database search. For special status plant species that
have a potential to occur onsite, but were not surveyed during their peak blooming periods,
additional surveys may be conducted upon Dept. approval. CDFG protocol-level
surveys for plants or wildlife may be necessary and require additional work which may
be covered under an additional Scope of Work.
If any special status species are encountered, WRA will report the findings to the Dept. and
the populations will be mapped on project area base maps using aerial photography and/or
GF'S units. Adjacent land uses and photographs of any relevant features at the site will be
addressed during the site visit.
NES/BA Report Preparation
WRA shall prepare a NES.report.and BA report that present the results of the literature
search, site assessment, and wetland delineation efforts. These reports shall conform to
the standard Caltrans and Federal Highways Administration (FHWA) Natural Environment
Study (NES), and Biological Assessment (BA)guidelines. A draft report shall be submitted
to Kimani Birden, Environmental Analyst I, Contra Costa County Public Works Department,
255 Glacier Drive, Martinez, CA 94553, within 30 days of any assessment.- Final reports
shall be submitted within the deadlines set forth in the Schedule Section of this contract.
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APPENDIX A
IF
_ -Scope of Services-
NES/BA Report Preparation (continued)
The information collected from the site assessment and the database research will be used in
preparation of the BA. The BA will address special status species that occur or have
potential to occur in the Project Area. WRA will recommend project impact avoidance,
minimization, and mitigation measures that are appropriate for each species determined to
be present or which .has the potential to occur within the project area.
The .NES'.document shall summarize findings presented in the BA and Wetland
Delineation reports by addressing the quantity and type of habitats and/or special status
species to be impacted (permanent, temporary, direct, indirect, and cumulative impacts).
The NES shall provide impact avoidance and/or minimization recommendations, and
mitigation measures for unavoidable impacts. The NES document shall also discuss
regulatory requirements, including permits that need to be acquired and potential further
technical studies.
WRA shall utilize aerial photographs, GIS data and topographic maps to match lines
provided by project team members for species distribution maps (using AutoCAD and/or
ArcView GIS software).Maps created by WRA for inclusion in the reports shall show the
location and extent of plant communities, wildlife habitats, particularly special status
species, and sensitive habitats.
Task 2 - Delineation of Potential Jurisdictional Wetlands and Waters
WRA shall conduct a jurisdictional delineation in accordance with the methods outlined in"Interim
Regional Supplement to the Army Corps of Engineers (ACOE)Wetland Delineation Manual: Arid
West Region" (December 2006). This delineation shall identify existing drainages and
wetland features that may be considered jurisdictional by the ACOE, California
Department of Fish and Game (CDFG), and Central Coast Regional Water Quality Control
Board (RWQCB) throughout the project area. Prior to a site inspection for wetland and water
features, WRA shall review available information, including local soil maps, United States
Geological Survey(USGS) maps, National Wetland Inventory maps,topographic maps,and other
existing environmental documentation for the project site.
In conformance with the methods described in the Arid West Manual, WRA shall perform a site
inspection to locate, measure, and map existing drainages and potential wetland features
throughout-the project area. WRA biologists shall determine the presence of hydrology, soil,
and vegetation indicators at discrete sample points. Soil inspections shall consist of digging
shallow (20-inch) pits at a number of locations at the site to inspect for hydric soil
characteristics. Vegetation and hydrology indicators shall be observed on the surface of the
soil. All data shall be entered on standard ACOE data forms.
For non-wetland, potentially jurisdictional areas (i.e., streams, lakes, and channels) known as
"other waters", WRA shall determine the location of the "ordinary high water mark" and record
the width and classification (ephemeral, intermittent, perennial) of streams at regular intervals.
Depending on site access constraints such as vegetation density and steepness of slopes,
these features shall be mapped using a combination of aerial photographic interpretation and sub-
meter accuracy GPS receivers as feasible. The extent of any riparian vegetation shall also
be mapped. A jurisdictional map shall be generated using high resolution GIS technology.
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APPENDIX A
-Scope of Services-
Mapping/GIS Support
WRA shall utilize aerial photographs, GIS data and topographic maps to match lines that
have been provided by project team members for preparation of wetland delineation using
AutoCAD and/or ArcView GIS software. Maps created by WRA for inclusion in the reports
shall show the location and extent of delineated wetlands,,waters, and riparian habitats.
WRA shall undertake the following mapping tasks to accomplish wetland mapping in the
project area:
1. Upon receipt of a digital basemap, complete data conversion to AutoCAD / GIS file
conversion, aerial photo alignment, resolve potential projection discrepancies, arid
confer with Dept. engineers; and
2. Download and differentially correct GPS data, convert data to AutoCAD / GIS (multiple
GPS downloads for multiple field days); and
3. Digitize, connect, and clean-up of hand-sketched wetland data with GPS wetland
data.
Wetland Delineation Report Preparation
WRA shall prepare a Wetland Delineation Report that follows the Caltrans/FWHA guidelines
and satisfies requirements set forth by the San Francisco ACOE District for jurisdictional
• determinations. The Report shall quantify wetland impacts, and provide a discussion
of Nnretland regulatory requirements within the Project context. Methods used to map
features and the results of field investigations shall be presented. Delineation maps
will be submitted on either aerial photography or 100-scale topographic maps using 1-
foot contours. The Report will be accompanied by a map of"Waters of the U.S." prepared on
a 100-scale version of the project topographic map with one-foot contours and/or a suitable
recent aerial photograph. Areas that are exempt from ACOE jurisdiction will also be
identified, mapped, 'and described with supporting documentation of why they should
be excluded from ACOE jurisdiction. The final work product shall be a Wetland and Waters
Delineation Report and map describing ACOE, RWQCB, and CDFG jurisdiction (see Schedule
Section for deadlines).
WRA shall prepare a draft Delineation Report for review by the Dept. The final report shall
be prepared for submittal to the ACOE, if approved by the Dept. Once submitted to the
ACOE, WRA shall schedule and attend a site.visit with ACOE staff to verify the extent of
jurisdictional features within the project area (see Schedule Section for deadlines).
Jurisdictional Determination Site Visit and Agency Coordination
With approval from the Dept.., WRA shall submit the completed map of potential
jurisdictional wetlands, along with the report of ACOE jurisdiction, to the U.S. Army Corps
of Engineers. A site inspection is typically required by the ACOE and is included in this
task. Additional concerns from agency staff shall be addressed and the delineation report
shall be.revised accordingly. The final revised Delineation Report shall be submitted to
Dept. Environmental staff. Once approved, WRA shall prepare final documents for
submission to applicable regulatory agencies.
WRA will prepare written reports after discussing findings with Public Works Environmental staff.
(See Schedule Table);
(Page 9 of 14)
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�- APPENDIX A
-Scope of Services-
SCHEDULE
WRA shall submit all reports to Dept. Environmental staff;
Mr. Kimani Birden, Environmental Analyst I
Contra Costa County Public Works Department
255 Glacier Drive
Martinez, CA 94553
WRA shall perform all tasks within the schedule outlined below;
TASK ITEM DRAFT DUE DATE FINAL DUE DATE
Task 1 Items
Conduct literature review, and N/A Complete within 2 weeks of
site assessment Department approval to start work
Prepare and submit NES and Within 8 weeks of Dept. Complete within 10 days of
BA reports approval to start work receipt of comments from the
Dept.
Task 2 Items
Conduct wetland delineation N/A Submit to Dept. Environmental
site assessment staff within 2 weeks of Department
approval to start work
Prepare and submit a Wetland Submit map and Report to Dept. Submit to .Dept. Environmental
Delineation Report Environmental staff within 30 staff within 10 days of receipt of
days of the site visit comments from the Dept.
Field verification and submittal Field site meeting will be Final map and report will be
of final maps and Wetland scheduled as soon as submitted to Dept. Environmental
Report to ACOE possible(depending on ACOE staff within 2 weeks of field
staff schedule) verification meeting
Submit approved maps and N/A Within one week of
Wetland Report to Dept. completion/receipt
Environmental staff
. In June 2007, the ACOE issued guidance on the jurisdictional status of certain wetlands and
"waters of the United States" that may be excluded from jurisdiction underthe Clean Water Act
as a result of the Rapanos Supreme Court decision. The ACOE requires an additional 8 page
data form to be completed for any areas that may be subject to such exclusions. In
some cases, the completion of the data form may require additional data collection to
determine whether a significant.nexus occurs between the wetland area and other jurisdictional
areas.
Because the nature and extent of any areas that may be excluded at this site is unknown,
presently, WRA shall advise the Dept. of the need for additional data that may be outside the scope
of this contract.
(Page 10 of 14)
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�- APPENDIX A
-Scope of-Services-
ASSUMPTIONS
The following assumptions have been made in the preparation of this Scope of Work:
1. The Dept. will provide a location map for the property and a map showing that portion of
the property for which the assessment will be conducted. The maps will include a
delineation of the project boundaries and Caltrans Environmental Study Area lines.
2. The Dept. will provide access to the site and will make arrangements for opening any
gates or fences
3. The Dept.-will provide any previous environmental reports for this project site to WRA
prior to the field investigation.
4. Any previous correspondence with federal or state regulatory or resource agencies that
relate to biological issues will be provided to WRA.
5. This contract does not include any additional watershed and flow analysis, or determination
of significant nexus which may be required by the ACOE for final approval of the wetland
delineation determination as a result of the Rapanos Supreme Court decision.
6. Absence of potential jurisdictional wetlands or waters may result in a lower estimated
cost to complete the wetland determination; therefore the overall contract charges may be
less than what the contract limit is.
7. All work within the scope will be conducted based on approval by the Board of
Supervisors.
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APPENDIX B
Professional Services Payment/Rates
Job Title / Classification Rate-per hour(Range)
............... .. ............. .. ......... .. .. ................. . . ................................:............................... ..................................................................................
PRINCIPALS:
President
$230 - $258
.... ................ .............................. . ............................................... ..... ...................................................................... .. .................
Senior Wetland Ecologist $166 - $187
.... ...... .. ................ ...... ...... ........ ............................ .................. .. ...
Senior Plant Ecologist .$. 145 - $174
................... ................................ ............ ..................... . ................ ..................................................................................... . ................................;
Senior Wildlife Ecologist
$140 - $157
Senior Wetland Scientist $135 - $149
.............................. ............... ......................................... ......... .................................
Senior Landscape Architect $132 - $146
Project Administrator $151 - $170
............................... ........................... ....... ... .......................... ....................................................... .. . ............................_. .. .... ................................................... ...... . ..................;
ASSOCIATES:
Associate Landscape Architect
$112 - $123
.............. .... .... ............. ... .. .... . .... ....... .. . .... ...................................... .. ............................................... ............. ............................................................... .
Associate Biologist $110 - $121
............................... ................... ............................. ..................................................................................... ..... .. ........................................... ................:.................... ......................... ........................................:.........................................:....
:
Associate Botanist/ Wetland Biologist $110 - $121
........ ... ..................... .... ......................... ................ ................................. ................. .. ................................................................. ....................................................................................... .......... ................................. .
Associate Wildlife Biologist $110 - $121
.................................. ........... ........................................................................................................... ................ . .. ............................................................................. ...... . . .....................................................................................................
GEOGRAPHIC INFORMATION SYSTEMS (GIS):
GIS Manager $102 - $112
... ..................... .............................................. .......................... .... ..... ...................................................................................... ................. ... ...... .............. .
Senior GIS Technician $96 - $106
......................................................... ... ................................. ................................ ......................................................................................:............................................ . ......... .. .. .................................................................
GIS TE:chnician $86 - $95
....... ...................................................................... ............ ..... ................................. . .................... ....:........ ...................... ......... ...........:.... ...... ........ ............................................................................
...... . .. .......:
LANDSCAPE DESIGN:
Senior Landscape Designer $96 -'$106
Senior Landscape Ecologist $96 -:$106
. ................. . .
Landscape Designer $86 - $95
SCIENTIST:
Wildlife Biologist
$100 - $110
......................................... ....................... ... .......................................................................... . .............................................. ............................................:.... ... ............................................................................... ............ ...... ................:
TECHNICIANS:
Contract Administrator (Senior Technician) $94 - $104
......... .. ........ ....... . ....... .....
Biologist (Senior Technician)
$94 - $104
Botanist / Wetland Biologist (Senior Technician) $94 - $104
... ............ .............. _._ ........
Biologist (Technician) $84 - $93
Wildlife Biologist (Technician) $84 - $93
Field Staff $59 - $65
CLERICAL SUPPORT / OFFICE $70 $77
... ....... ........... ..........
NOTE: All rates will'be in effect for the duration of the contract. Monthly invoices shall be
submitted for payment based on.work completed to date.
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APPENDIX B . .
Professional ServicesTa mens/Rates..
. Reimbursables: In orderjo be compensated;:please provide the following infonriation::>
.
_........_..............................-_..............._ ..... .............._:_.... .........._..._.. ...._..............__...-- .._..-._......_:..._............_........... ...................._.._......_.....__._..._........._._.._..._...............
:.:.__..
Mileage: $0.505/mile
(for all vehicle types) (not to exceed the Annual Federal IRS published rate)
.... ...................................... .................................................................... ......................................................................................................... . ......................... ............. .............. ....................................... ......... ..................
Meals, Parking and Toll, if applicable; (attach documentation/receipts)
........................ .... .... ............... .......... ............ ... .............. .............................. . .......................................................................
Direct Expenses: Rate:
Photo Copy Charge: B&W: Color.
(attach documentation) 81/2x11 $0.07/ pg. 81/2x11; $0.80/pg.
81/2x 14; $0.07/ pg. 81/2x 14; $0.80/pg.
Pg..
11x17; $0.14/ 11x17; $1.60/
.............. ... .. .... ............... ... Pg�
Plotter (Bond) $2.00/per sq. ft.
..... ... ........ . .. ... ........ ......
Plotter (Vellum) $2.25/per sq. ft. .
............... .......................................... . .. ....... ... ... ......_. ...............
Plotter (Film) $3.00/per ft .
................................................................. ................................. ..... ... ............... ......................... ....................................
GPS Unit. 100 per day
.............. ................. ........ . ....................................... . .......... . ............... . ....... ................ .... . .................
Film developing / Postage / Express Mail at cost (attach documentation/receipts)
....... . ... .. ........ ........
......... .........
Long Distance phonecalls at cost (attach documentation/receipts) _
Di ital Camera $0.45/per picture download
. ........................................ ............................ ......................................... .......9. .................................. ............................... ............... .... ......... ........ . . .. ............................. .
Subcontractor: at cost (attach documentation/receipts)
........ ...... ......... .................. ......................... .... . ..................................................................................... ............ ................. .... .......... ....... .............
Administrative cost: Not to exceed 10%; for Subcontractin_g only
..................................... .. . ............................... ............................................. ......................... ....................... . ......................... . ... . . ... ......................................
(Page 13 of 14)
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APPENDIX. C
Project Personnel
Job Title / Classification
PRINCIPALS:
President
.........
Senior Wetland Ecologist
....... ................. ................... ................. ............. . .. . ............ ............... ..... ............................................
Senior Plant Ecologist .
Senior Wildlife Ecologist
......... ...
Senior Wetland Scientist
............ .. ......................... . .. .... .... ..................................... . ... . ....................................................................... .....................................
Senior Landscape Architect
... ..................... . ............................... .
Project Administrator
ASSOCIATES:
Associate Landscape Architect
......................... ................_............................_..................................... .................. ................ ................. ......................... ........ ...........................
Associate Biologist
. .... ..................... .......... ........... ......... ... ............ ...... . ......... ............................................ . . ....... ..........................;
Associate Botanist/ Wetland Biologist
.. ..... ........ ....................................
Associate Wildlife Biologist
... .. ........ .... ...... . . .. ............... .................. .....
GEOGRAPHIC-INFORMATION SYSTEMS (GIS):
GIS Manager
.................... ............ ............................................... ......... ........... .......... . ..................................
Senior GIS Technician
.................... .... .........
GIS Technician
................................................. ..... ........ ............... ... ...................;
LANDSCAPE DESIGN:
Senior Landscape Designer
................ ............ ......................................... ................ .......... .... .............................................................................................. ........................................:
Senior Landscape Ecologist
..................................................... ................................................... ............... ........................................ . . ...........................
Landscape Designer
............ .................................................. ................................ ........... ........ ..................... ....................................... . ....................... ... ......................
SCIENTIST:
Wildlife Biologist
. ........ ............ ... ........ ..
TECHNICIANS:
............ ............................... ............................................................ ... ........... ............. . ....... ...................................... .............................. .........
Contract Administrator (Senior Technician)
....... ................ ...... ....... ....... ..... ....................... ............... ........ . . ........................ . ... ...... . .......:
Biologist (Senior Technician)
........................................................ .. . .. .................................................................................. .................................................................................... . .
Botanist/Wetland Biologist (Senior Technician)
............................................................................................................................. ............. . .......................... ........... ....................... .
Biologist (Technician)
... ................... ..................... ...................... . ................ ......... .........
Wildlife Biologist (Technician)
......................... .. .........
Field Staff
. .................................................................................................................................... ................ .............. . .. .................................................................... .......
CLERICAL SUPPORT / OFFICE .
.... ..................... ....... ... ........... ........................................................... . . .:
(Page 14 of 14)
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