Document alpinecountyca_gov_doc_719ab814d8

ALPINE COUNTY COMMUNITY DEVELOPMENT DEPARMENT REQUEST FOR PROPOSALS CEQA DOCUMENTATION INITIAL STUDY/MITIGATED NEGATIVE DECLARATION and MITIGATION MONITORING AND REPORTING PROGRAM PROPOSED NEW ALPINE COUNTY BEHAVIORAL HEALTH SERVICES ADMINISTRATIVE OFFICE IN WOODFORDS, CALIFORNIA November 2016 Reply to: Brian Peters Director Alpine County Community Development Department 50 Diamond Valley Road Markleeville, CA 96120 [PHONE REDACTED] [PHONE REDACTED] (fax) [EMAIL REDACTED] ---PAGE BREAK--- Alpine County CEQA – BHS Facility Page I 2 2 BACKGROUND Alpine County is planning to construct a new County Behavioral Health Services facility (BHS facility) that will be located on State Route 89 (SR89) in Woodfords, north of the County Community Development and Public Works facility. Greenbough Design is leading a design team that anticipates completing the schematic design phase of project development within the next 60 to 90 days. Alpine County is the CEQA lead agency for this project and is seeking proposals from qualified consultants to prepare an Initial Study and Mitigated Negative Declaration (IS/MND) and Mitigation Monitoring and Reporting Plan (MMRP) for this project. A Biological Report and Cultural Resources Inventory for the site have been completed. It is anticipated that work on the IS/MND and MMRP will begin as the schematic design phase of project development is being completed. It is expected that the IS/MND and MMRP will be completed and ready for public review and submittal to the California State Clearinghouse by April 1, 2017. PROJECT DESCRIPTION The proposed BHS facility will be located on approximately one acre that is approximately 650 feet north of the intersection of Hwy 89 and Diamond Valley Road in Woodfords, California. This site is part of a larger parcel owned by Alpine County that includes the County’s Community Development Department offices, public works yard and a fire station. Concept planning has determined that the facility will include approximately 5000 square feet of building, 25-30 parking spaces and an outdoor garden area. Utilities to serve the facility are either currently located on site or will be developed on site as part of the project. Greenbough Design has been authorized to complete the schematic design phase for this project. The deliverables for this phase of work will be provided to the selected consultant prior to authorization to proceed with the work described in this request for proposal. Exhibit A includes the concept plans completed to date, letter from Caltrans on the access to SR 89 and a list of the schematic design phase deliverables. KNOWN ISSUES Formal public scoping for this project has not occurred. However, the concept planning has identified the following issues that will need to be addressed as the project planning and environmental review proceeds: • The existing road house on the site is expected to be removed. This structure is more than 50 years old. • An existing driveway connects the site directly to State Route 89. This access is currently a single lane drive that is limited to a 20-foot wide opening onto the State Highway. It is anticipated that the project will include improvement of this access to a two-lane drive and widened access opening onto the State Highway. Caltrans has provided some initial feedback to the County on this project (letter attached). If the County determines that it is cost prohibitive to improve the access to the State Highway, then the primary access to the site will from Diamond Valley Road through the existing Community Development and public works facilities site. ---PAGE BREAK--- Alpine County CEQA – BHS Facility Page I 3 3 • A residential neighborhood is located approximately 200 to 300 feet north of the project site. Impacts associated with light and noise (construction noise and noise associated with operation of the facility) are likely concerns. SCOPE OF SERVICES 1. Meet and/or consult with the project design team and County staff to obtain information about the project and to receive the schematic design products necessary to prepare the IS/MND and MMRP. 2. Site visit/field investigation to become familiar with the site and surrounding area and to collect any additional baseline information required to prepare the IS/MND and MMRP. 3. Preparation of deliverables as defined below. 4. Assist County in addressing comments received on the public draft IS/MND and MMRP. DELIVERABLES Consultant will provide the following work products: 1. Administrative draft IS/MND and MMRP for review by Alpine County to include one electronic copy in current Word format and one electronic copy in portable document format (pdf). 2. Public review IS/MND and MMRP suitable for submittal to the California State Clearinghouse and made available for public review. This shall include multiple copies in a format and number acceptable to the California State Clearinghouse (digital or hard copy), three bound hard copies for public review, one electronic copy in current Word format and one electronic copy in portable document format (pdf). 3. Notice of Completion (NOC) and Summary Form for Electronic Document Submittal in the format and number of copies necessary for transmittal to the California State Clearinghouse 4. Final IS/MND and MMRP to include three bound hard copies, one electronic copy in current Word format and one electronic copy in portable document format (pdf). SCHEDULE RFP Issued RFP due to Alpine County Consultant selection announced Contract Executed Work to Begin November 10, 2016 December 2, 2016 December 16, 2016 January 13, 2017 January 17, 2017 April 1, 2017 Public review IS/MND and MMRP complete A notice to proceed issued by the Alpine County Community Development Director will specify the work to be completed, a schedule for work completion, the basis for payment, and the limits of compensation. The Consultant shall not begin work nor incur any costs associated with any task identified herein without an explicit written notice to proceed. ---PAGE BREAK--- Alpine County CEQA – BHS Facility Page I 4 4 COMPENSATION The Alpine County Community Development Director will negotiate a contract with the selected Consultant based on a lump sum not to exceed price for completing the work. SUBMITTAL CONTENT Format Proposals should be submitted in the formats described below and shall include a letter of transmittal with the name and address of the Consultant and marked “Alpine County Behavioral Health Services Facility CEQA Documentation Proposal”. Proposals should not exceed twenty-five (25) pages in length, and should not include unnecessary promotional material. Proposals may use both sides of a page, but each side will be counted as a page. All pages shall be sequentially numbered and each section should be separately and clearly tabbed. Divider pages, if included, shall not count against the page number limit. Proposals should include a complete table of contents for the entire proposal with respective page numbers opposite each section. • 8.5-inch x 11-inch page portrait format, unbound, 1 copy • Electronic copy in Word or portable document format submitted via email or on CD Letter of Transmittal The Letter of Transmittal shall be addressed to Brian Peters, Community Development Director, Alpine County C om m uni t y Devel opm ent Depart m en t , 50 Diamond Valley Road, Markleeville, CA 96120, and must, at a minimum, contain the following: • Identification of the firm and/or individual that will have the authorization to commit to the contractual terms and conditions described herein. Identification shall include legal company name, corporate address, telephone, fax number and e-mail address. Include name, title, address, telephone number and e-mail address of the contact person during the Proposal evaluation phase. • Identification of proposed subconsultants, including legal company name, contact person’s name, address, email and phone number. Include a description of the working relationship between primary and/or individual and subconsultants, if applicable. • Acknowledgment of receipt of all RFP addenda, if any. • A statement to the effect that the Proposal shall remain valid for a period of not less than 180 days from the date of submittal. • Signature of a person authorized to bind the firm and/or individual to the terms of the Proposal. • A statement to the effect that by signing the letter of transmittal, the firm and/or individual is attesting that all information submitted with the Proposal is true and correct. ---PAGE BREAK--- Alpine County CEQA – BHS Facility Page I 5 5 Required Proposal Content 1. Description of the team organizational structure, including a chart identifying the Project Manager and key personnel, including subconsultants and responsibilities of team members. 2. Information on Firm: • Provide a brief description including: Name and main/home office location, year established, legal status, and ownership. • For firms with multiple offices, indicate location where work will be performed. • Staffing – Provide the following: o Project Manager with resume indicating years of experience, relevant recent experience, registration, and list of responsibilities. o Other Key Personnel assigned to the project with resume indicating years of experience, relevant recent experience, registration, and list of responsibilities. 3. Qualifications and experience in providing services as described in the Scope of Services for similar public agencies. Include any unique qualifications relevant to this project. Provide a minimum of three project examples completed since 2010, with the names, addresses, phone numbers and email addresses of contact persons. 4. Approach / Methodology: Describe your understanding of the project, significant issues to be addressed and your specific approach to performing the work as described in the Scope of Services. 5. Compensation in a not to exceed lump sum for the work as described in the Scope of Services. 6. Provide a general description of the firm’s financial condition and identify any conditions bankruptcy, pending litigation, planned office closures, staffing changes, impending merger or other) that may affect the firm’s and/or individual’s ability to provide the requested services. 7. State of California Licenses to perform the work, if applicable. 8. The Firm and/or individual shall indicate and acknowledge the ability to satisfy all the terms as described in the attached Alpine County Model Professional Services Agreement. RFP Preparation Expenses The County shall not, in any event, be liable for any expenses incurred by any firm or individual in the preparation of its Proposal. Firm or individual shall not include any such expenses as part of its Proposal. Proposal preparation expenses include the following: 1. Preparing its Proposal in response to this RFP. 2. Submitting that Proposal to the County. 3. Negotiating with the County any matter related to this RFP. 4. Any other expenses incurred by a firm or individual prior to the date an agreement is executed. ---PAGE BREAK--- Alpine County CEQA – BHS Facility Page I 6 6 SELECTION PROCESS The Community Development Director will review the Proposals to determine which respondents meet the requirements to perform the work. The Community Development Director may appoint a committee to assist in the review of proposals. Depending upon the number and qualifications of respondents, the Community Development Director may select directly from the Proposals, or may develop a short list of firms for interviews and final selection. The decision as to the process, timing, and selection will be based entirely on the judgment of the Community Development Director. The selection and award of the contract shall be made on the basis of cost, demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. Accordingly, the following criteria may be utilized in the selection process: 1. Cost 2. Understanding of the scope of work to be done. 3. Qualifications of staff for work to be done. 4. Present workload and staff availability of firm, ability to meet project schedule. 5. Demonstrated experience preparing environmental review documents pursuant to the California Environmental Quality Act. 6. Financial responsibility (Years in business, number of projects completed, annual volume of work in dollars, etc.). NONDISCRIMINATION The consultant or its sub consultants shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. Failure by the consultant to carry out these requirements is a material breach of contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. SUBMITTAL REQUIREMENTS Please submit one hard copy (unbound) electronic copy (in Microsoft Word or Adobe PDF format) of your proposal by 4:00 p.m. Pacific time, December 2, 2016. The Submittals shall be addressed to: Brian Peters, Director Alpine County Community Development Department 50 Diamond Valley Road Markleeville, CA 96120 The electronic copy shall be emailed to Brian Peters, [EMAIL REDACTED] In the event your firm/team desires additional information, the Community Development Department will endeavor to provide such information as expeditiously as possible; however, the Community Development Department will not be responsible for any delay resulting in respondent’s inability to meet the deadline for submission of the Proposal. ---PAGE BREAK--- Alpine County CEQA – BHS Facility Page I 7 7 COUNTY RIGHTS The County may investigate the qualifications of any firm or individual under consideration, require confirmation of information furnished by a firm or individual, and require additional evidence of qualifications to perform the Scope of Work described in this RFP. The County reserves all rights described below: 1. Accept or reject any and all Proposals, or any item or part thereof, or to waive any informalities or irregularities in Proposals; 2. Issue new or subsequent RFPs; 3. For any reasons, withdraw or cancel this RFP, or any part thereof at any time without prior notice and the County makes no representations that any contract will be awarded to any firm or individual responding to this RFP; 4. Require confirmation of information furnished by firm or individual or for the firm or individual to provide additional evidence of qualifications to perform the work or to obtain information from any source that has the potential to improve the understanding and evaluation of the proposals; 5. All Proposals shall become the property of Alpine County and shall not be returned; 6. All Proposals submitted may become public records under the laws of the State of California and the public may be given access thereto after the formal process has been completed. Submitted proposals are not to be copyrighted; 7. Postpone proposals openings for its own convenience; 8. Remedy or overlook technical errors in the RFP process; 9. Appoint an Evaluation Committee to review Proposals; 10. Seek the assistance of outside technical experts in proposal evaluation; 11. Approve or disapprove the use of particular subconsultants; 12. Establish a short list of firms or individuals eligible for interview after review of written proposals; 13. Negotiate with any, all or none of the firms or individuals responding to the RFP; 14. Solicit best and final offers from all or some of the firms or individuals; 15. Award the contract as a whole, by category, or by any combination that best meets the need of the County. AWARD OF CONTRACT Upon selection of a successful proponent(s), a County standard form Professional Services Agreement will be provided, a copy of which is presented in Exhibit B for proponents’ review. INDEPENDENT CONTRACTOR The successful proponent(s) will work in the capacity of an independent contractor for all purposes under this contract, if awarded, and shall not be entitled to any or all rights, privileges, benefits and remuneration of either an officer or employee of Alpine County, unemployment insurance, retirement, paid holidays, vacation and sick leave, medical ---PAGE BREAK--- Alpine County CEQA – BHS Facility Page I 8 8 insurance plans, any other job benefits. Contractor will be responsible for payment of state and federal taxes resultant from contractual earnings. The contractor will work under the direction of the Community Development Director or his/her designee. ---PAGE BREAK--- Alpine County CEQA – BHS Facility Page I 9 9 EXHIBIT A CONCEPT PLANS, LETTER FROM CALTRANS ON THE ACCESS TO SR 89 AND LIST OF THE SCHEMATIC DESIGN PHASE DELIVERABLES ---PAGE BREAK--- Proposed Site ---PAGE BREAK--- - Issue Date Drawn By Checked By Greenbough Design Project # Consultant Info Jurisdiction info # Copyright Greenbough Design 2015 Phone [PHONE REDACTED] - PO Box 1358 Shingle Springs, CA 95682 - www.GreenboughDesign.com Issue Purpose Sheet Name Sheet Number L I C E N S E D A R C H I T E C T S T A T E O C A L I F O R N I A F C-28392 MICHAEL F. RYAN REN. 3/31/2017 3/4/2016 8:26:13 AM A001 Existing Site Plan Alpine County Behavioural Health Facility Checker Author 3-2-15 15006 TBD Preliminary Site Design Preliminary Site Design No. Description Date 1" = 20'-0" 1 Existing Site Existing Building to be removed ---PAGE BREAK--- - - - - - Issue Date Drawn By Checked By Greenbough Design Project # Consultant Info Jurisdiction info # Copyright Greenbough Design 2015 Phone [PHONE REDACTED] - PO Box 1358 Shingle Springs, CA 95682 - www.GreenboughDesign.com Issue Purpose Sheet Name Sheet Number L I C E N S E D A R C H I T E C T S T A T E O C A L I F O R N I A F C-28392 MICHAEL F. RYAN REN. 3/31/2017 3/4/2016 8:26:31 AM A002 Proposed Site Plan - Option 2 Alpine County Behavioural Health Facility Checker Author 3-2-15 15006 TBD Preliminary Site Design Preliminary Site Design No. Description Date 1/16" = 1'-0" 1 Option 2 Site Plan ---PAGE BREAK--- 4"PINE 4"PINE 8"PINE 4"PINE 4"PINE 6"PINE 4"PINE 6"PINE 4"PINE 6"PINE 4"PINE 6"PINE 4"PINE 26"PINE 8"PINE 6"PINE 6"PINE 6"PINE 6"PINE 10"PINE 14"PINE 8"PINE 6"PINE 8"PINE 8"PINE 8"PINE 8"PINE 13 105 105 100 105 107 107 107 105 107 106 105 107 106 106 105 105 105 100 105 107 107 107 105 107 106 105 107 106 106 105 LOBBY 28 COMMUNITY ROOM 29 STORAGE 30 FIRE RISER 31 RECEPTION 32 COPY/WORK 33 THERAPY 34 THERAPY 35 VESTIBULE 36 MENS 37 WOMENS 38 CORRIDIR 39 CLINICIAN 40 THERAPY 41 CORRIDIR 42 COFFEE 43 PROG SUPPORT 44 STOR 45 DATA 46 ELEC 47 DIR OFFICE 48 CC OFFICE 49 GARDEN 50 GROUP THERAPY AND KITCHEN (FUTURE) 51 ADMIN SPACE (FUTURE) 52 THERAPY (FUTURE) 53 Department Legend CIRCULATION FUTURE GARDEN OFFICE PUBLIC RESTROOM STAFF SUPPORT THERAPY VESTIBULE 54 Issue Date Drawn By Checked By Greenbough Design Project # Consultant Info Jurisdiction info # Copyright Greenbough Design 2015 Phone [PHONE REDACTED] - PO Box 1358 Shingle Springs, CA 95682 - www.GreenboughDesign.com Issue Purpose Sheet Name Sheet Number L I C E N S E D A R C H I T E C T S T A T E O C A L I F O R N I A F C-28392 MICHAEL F. RYAN REN. 3/31/2017 3/4/2016 8:27:28 AM A101 Option 2 Alpine County Behavioural Health Facility Checker MFR 3-2-15 15006 TBD Preliminary Site Design Preliminary Site Design No. Description Date 1/8" = 1'-0" 1 option 2 plan Room Schedule Numbe r Name Area Department 28 LOBBY 593 SF PUBLIC 29 COMMUNITY ROOM 496 SF PUBLIC 30 STORAGE 147 SF SUPPORT 31 FIRE RISER 32 SF SUPPORT 32 RECEPTION 111 SF STAFF 33 COPY/WORK 130 SF SUPPORT 34 THERAPY 154 SF THERAPY 35 THERAPY 164 SF THERAPY 36 VESTIBULE 64 SF CIRCULATIO N 37 MENS 182 SF RESTROOM 38 WOMENS 182 SF RESTROOM 39 CORRIDIR 202 SF CIRCULATIO N 40 CLINICIAN 208 SF OFFICE 41 THERAPY 182 SF THERAPY 42 CORRIDIR 227 SF CIRCULATIO N 43 COFFEE 24 SF SUPPORT 44 PROG SUPPORT 382 SF STAFF 45 STOR 59 SF SUPPORT 46 DATA 33 SF SUPPORT 47 ELEC 33 SF SUPPORT 48 DIR OFFICE 156 SF OFFICE 49 CC OFFICE 120 SF OFFICE 50 GARDEN 9128 SF GARDEN 51 GROUP THERAPY AND KITCHEN (FUTURE) 470 SF FUTURE 52 ADMIN SPACE (FUTURE) 1331 SF FUTURE 53 THERAPY (FUTURE) 811 SF FUTURE 54 VESTIBULE Not Enclosed CIRCULATIO N ---PAGE BREAK--- FOR ALPINE COUNTY BEHAVIORAL HEALTH HIGHWAY 89 C2.1 GRADING PLAN ---PAGE BREAK--- “Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” STATE OF CALIFORNIA------- CALIFORNIA STATE TRANSPORTATION AGENCY EDMUND G. BROWN Jr., Governor DEPARTMENT OF TRANSPORTATION DISTRICT 10 P.O. Box 2048, STOCKTON, CA 95201 (1976 E. DR. MARTIN LUTHER KING JR. BLVD. 95205) PHONE (209) 948-7325 FAX (209) 948-7164 TTY 711 www.dot.ca.gov June 2, 2016 . Serious drought. Help save water! Mr. Brian Peters ALP 89 PM R20.904 Community Development Director Alpine County Behavioral Alpine County Health Facility 50 Diamond Valley Road Markleeville, CA 96120 Dear Mr. Peters: Thank you for the opportunity to review the conceptual site plan, site location, conceptual floor plan and initial grading plan for the proposed Alpine County Behavioral Health Facility. The project is located on State Route (SR) 89 in Woodfords, north of the County Community Development and Public Works facility. The project proposes to access SR 89 via an existing one-lane private driveway that will be widened. The project proponent must submit an application for an encroachment permit to the Caltrans District 10 Encroachment Permits Office. The private driveway will need to be upgraded to commercial driveway standards per the Caltrans Highway Design Manual. Since the proposed commercial driveway will be used for two-way traffic, the width of the driveway should be at least 24 feet. Review of the encroachment permit for the project will confirm the proposed driveway will meet standards for corner sight and stopping sight distances as well as delivery truck turning radius. SR 89 is an access-controlled highway at this location, and the existing driveway is located in a twenty-foot-wide opening in access control. Our right of way record map shows that Caltrans obtained an easement from U.S.A. (Forest Service) via 13-OR-793 recorded June 9, 1971 which restricted access except at the twenty-foot opening. The project site appears to have subsequently been acquired from the Forest Service by Alpine County. In this case, the Forest Service imposed the access control when granting the easement to the State. A letter of concurrence from the Forest Service acknowledging a change in access control will be needed to support an encroachment permit application requesting a driveway wider than twenty feet. Appropriate environmental studies must be submitted with the encroachment permit application. These studies will include an analysis of potential impacts to any cultural sites, biological resources, hazardous waste locations, and/or other resources within Caltrans right of way at the project site(s). ---PAGE BREAK--- June 2, 2016 Mr. Peters Page 2 “Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” There is a jurisdictional waterway within Caltrans right of way near the project location (Millich Ditch). Millich Ditch flows underneath SR 89 through a culvert near an unmarked driveway just north of the project. If this culvert is impacted, then coordination with the Army Corps of Engineers and the California Department of Fish and Wildlife would be needed. The need for Section 401 water quality certification, and Section 404 and 1600 permits should be evaluated. Additionally, we would require botanical surveys during appropriate blooming times for rare native plant species and pre-construction migratory bird survey for work in our right of way at this location. Because the location appears to have not been previously studied, an archaeological survey and report should be prepared. Additionally, there are nearby cultural resources specific to the Washoe Tribe of Nevada and California. Communication with all Tribal entities identified by the Native American Heritage Commission should be completed, but focus of outreach should be on the Washoe Tribe. The County will need to ensure that existing State drainage facilities will not be significantly impacted by the proposed project. Any grading of the parcel should not redirect or increase any drainage flows into the SR 89 right of way. Any increase in peak flow due to construction activity on the facility must be retained and treated within the owner’s property. Please do not hesitate to contact MaryAnn Avalos at (209) 941-1982 or by email at [EMAIL REDACTED], or Carl Baker at (209) 948-7325 or by email at [EMAIL REDACTED] if you have any questions. Sincerely CARL BAKER Chief, Office of Rural Planning Cc: Irene Davidson, Carson District Ranger, Humboldt-Toiyabe National Forest ---PAGE BREAK--- June 2, 2016 Mr. Peters Page 3 “Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability” Bc: Environmental—Kaitlin Biczo Traffic Operations—Sang Huynh Hydraulics—Hongloan Luong Encroachment Permits—Paul Cavanaugh, Frances Castro IGR file ---PAGE BREAK--- phone: [PHONE REDACTED] I P.O. Box 1358, Shingle Springs, CA 95682 I www.GreenboughDesign.com Alpine County – Behavioral Health Facility Greenbough Design - Project #15006 Schematic Design Anticipated Tasks and Project Deliverables October 13, 2016 1. Site Development a. Develop site plan demonstrating the following: i. Location of buildings on site ii. Location of parking and site circulation features in enough detail to verify adequate parking, fire access, loading facilities and other required site access features. iii. Conceptual design of site public amenities such as pedestrian walks and gardens in sufficient detail to obtain owner approval and establish pricing for these features. iv. Conceptual grading plan v. Conceptual site utility plan 2. Schematic plan development a. Conduct meetings with Owner steering committee to review space program and preliminary floor plans that have been developed to date. b. Prepare schematic floor plan indicating location of all rooms described in the program. 3. Room data sheet development a. Prepare a room data sheet for each signature or prototypical space (approximately 1/3 of project) describing the following: i. Room square footage and critical dimensions ii. Room finishes iii. Critical MEP requirements iv. Significant furniture or equipment located within the space (listing to be provided by the Owner) 4. Advanced Schematic Drawings a. Develop schematic building structural system describing fundamental structural elements and critical dimensions of elements. b. Develop schematic design for mechanical, plumbing and electrical systems. c. Develop schematic exterior building elevations indicating general building massing, dimensions, materials and fenestration. d. Develop building lobby design concept. e. Develop three-dimensional images of the building in order to further describe the building. This will also be used as a presentation tool at the Community Design Presentation/Charette. 5. Outline Specifications a. Prepare narrative description of building systems and finishes including Mechanical, Electrical, Plumbing and Structural systems which establish a baseline for those elements moving forward. 6. Program Estimate a. Assist the owner in refining the total project budget and individual systems target costs. b. Preparation of an estimate of the proposed construction cost based upon the approved schematic design documents and outline specifications. ---PAGE BREAK--- Alpine County CEQA – BHS Facility Page I 10 10 EXHIBIT B ALPINE COUNTY MODEL PROFESSIONAL SERVICES AGREEMENT ---PAGE BREAK--- Alpine County CEQA – BHS Facility Page I 11 11 MODEL - REMOVE THIS TITLE WHEN USED COUNTY OF ALPINE PROFESSIONAL SERVICES AGREEMENT FOR [GENERAL MODEL - INSERT TYPE OF SERVICE] This Agreement is entered into this day of 20__, by and between the County of Alpine, a political subdivision of the state of California (“County”), and [INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS; CORPORATION; LIMITED LIABILITY COMPANY; ETC.] (“Consultant”). Recitals A. Consultant desires to perform and assume responsibility for the provision of professional [INSERT TYPE OF SERVICE] consultant services required by the County on the terms and conditions set forth in this Agreement. B. Consultant has presented a proposal for such services to the County, dated 20__, (attached hereto and incorporated herein as Exhibit and is duly licensed, qualified and experienced to perform those services. C. Consultant agrees it has satisfied itself by its own investigation and research regarding the conditions affecting the work to be done and labor and materials needed, and that its decision to execute this Agreement is based on such independent investigation and research. D. County desires to engage Consultant to render such services as set forth in this Agreement, only to the extent that adequate funding for such services is available. AGREEMENT 1. SCOPE OF SERVICES. 1.1 General Scope of Services. Consultant promises and agrees to furnish to the County all labor, materials, tools, equipment, services and incidental and customary work necessary to fully and adequately supply the necessary professional [INSERT TYPE OF SERVICE] consultant services (“Services”). The Services are more particularly described in Exhibit 2. SCHEDULE OF SERVICES. 2.1 Schedule of Services. The Services of Consultant are to commence upon execution of this Agreement by the County and shall be undertaken and completed in a prompt and timely manner, pursuant to the schedule outlined in the Scope of Work, more particularly described in Exhibit ---PAGE BREAK--- Alpine County CEQA – BHS Facility Page I 12 12 2.2 Extension of Time. Consultant may, for good cause, request extensions of time to perform the Services required hereunder. Such extensions shall be authorized in advance by the County in writing and shall be incorporated in written amendments to this Agreement. 3. FEES AND PAYMENTS. 3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit The total compensation shall not exceed [INSERT WRITTEN DOLLAR AMOUNT] DOLLARS ($[INSERT NUMBER]) without County’s prior written approval. 3.2 Payment of Compensation. Consultant shall submit to County a itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date or since the start of the subsequent billing periods, as appropriate, through the date of the statement. County shall, within forty-five (45) days of receiving such statement, review the statement and pay all approved charges thereon. 4. CHANGES. 4.1 The Parties may, from time to time, request changes in the scope of the Services of Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of Consultant’s compensation and/or changes in the schedule must be authorized in advance by the County in writing. Mutually agreed changes shall be incorporated in written amendments to the Agreement. 5. RESPONSIBILITIES OF CONSULTANT. 5.1 Independent Contractor; Control and Payment of Subordinates. Consultant enters into this Agreement as an independent contractor and not as an employee of the County. Consultant shall have no power or authority by this Agreement to bind the County in any respect. Nothing in this Agreement shall be construed to be inconsistent with this relationship or status. All employees, agents, contractors or subcontractors hired or retained by the Consultant are employees, agents, contractors or subcontractors of the Consultant and not of the County. The County shall not be obligated in any way to pay any wage claims or other claims made against Consultant by any such employees, agents, contractors or subcontractors or any other person resulting from performance of this Agreement. 5.2 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of County. 5.3 Project Manager. The Consultant shall designate a project manager who at all times shall represent the Consultant before the County on all matters relating to this Agreement. The project manager shall continue in such capacity unless and until he or she is removed at the request of the County, is no longer employed by Consultant or replaced with the written approval of the County which shall not be unreasonably withheld. ---PAGE BREAK--- Alpine County CEQA – BHS Facility Page I 13 13 5.4 Coordination of Services. Consultant agrees to work closely with County staff in the performance of Services and shall be available to County staff, consultants and other staff at all reasonable times. County agrees to work closely with Consultant’s staff in the performance of Services and shall be available to Consultant’s staff at all reasonable times. 5.5 Warranty. Consultant agrees and represents that it is qualified to properly provide the Services set forth in Exhibit in a manner which is consistent with the generally accepted standards of Consultant’s profession. Consultant further represents and agrees that it will perform said Services in a legally adequate manner in conformance with applicable federal, state and local laws and guidelines. 5.6 Interest in Contract. Consultant covenants that neither it, nor any of its employees, agents, contractors or subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Contract, nor any other interest which would conflict in any manner or degree with the performance of its services hereunder. Consultant shall make all disclosures required by the County’s conflict of interest code in accordance with the category designated by the County, unless the County Administrator or Board of Supervisors determines in writing that Consultant’s duties are more limited in scope than is warranted by the category designated by the County Code and that a narrower disclosure category should apply. Consultant also agrees to make disclosure in compliance with the County conflict of interest code if, at any time after the execution of this Agreement, County determines and notifies Consultant in writing that Consultant’s duties under this Agreement warrant greater disclosure by Consultant than was originally contemplated. Consultant shall make disclosures in the time, place and manner set forth in the conflict of interest code and as directed by the County. 6. INSURANCE. 6.1 Time for Compliance. Consultant shall not commence Services under this Agreement until it has provided evidence satisfactory to the County that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the County that the subconsultant has secured all insurance required under this Section. 6.2 Types of Required Coverages. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder and without limiting the indemnity provisions of the Agreement, the Consultant in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement, the following policies of insurance: 6.2.1 Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 0001, with minimum limits of at least $1,000,000 per occurrence. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for products and completed operations; contractual liability; third party action over claims; or cross liability exclusion for claims or suits by one insured against another. ---PAGE BREAK--- Alpine County CEQA – BHS Facility Page I 14 14 6.2.2 Automobile Liability: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1) with minimum limits of $1,000,000 each accident. [***NOTE: Consultant and employees of Consultant may not be able to purchase a business automobile policy and consideration may be given to accepting a personal automobile policy with minimum limits of $1,000,000 each accident. ALWAYS DELETE THIS SECTION.***] 6.2.3 Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. [***NOTE: This requirement may be deleted if the Consultant has no employees. ALWAYS DELETE THIS SECTION.***] 6.2.4 Professional Liability: Professional Liability insurance for errors and omissions with minimum limits of $1,000,000. Covered Professional Services shall specifically include all work to be performed under the Agreement. [***NOTE: Limits of insurance shall be based on exposure and limits from $3,000,000 to $15,000,000 may be required. Factors increasing exposure include size of contract, dependence of County on expertise of Consultant, little or no control exercised by County, large financial impact of project and possible resulting harm to third parties. ALWAYS DELETE THIS SECTION.***] If coverage is written on a claims-made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least three years from termination or expiration of this Agreement. 6.3 Endorsements. 6.3.1 The policy or policies of insurance required by Sections 6.2.1 Commercial General Liability and 6.2.2 Automobile Liability shall be endorsed to provide the following: 6.3.1.1 Additional Insured: The indemnified parties shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not be restricted to “ongoing operations”; exclude “contractual liability”; restrict coverage to “sole” liability of Consultant; or contain any other exclusions contrary to the Agreement. 6.3.1.2 Primary Insurance and Non-Contributing Insurance: This insurance shall be primary and any other insurance, deductible or self-insurance maintained by the indemnified parties shall not contribute with this primary insurance. 6.3.1.3 Severability: In the event of one insured, whether named or additional, incurs liability to any other of the insureds, whether named or additional, the ---PAGE BREAK--- Alpine County CEQA – BHS Facility Page I 15 15 policy shall cover the insured against whom claim is or may be made in the same manner as if separate policies had been issued to each insured, except that the limits of insurance shall not be increased thereby. 6.3.1.4 Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon the County except ten (10) days prior written notice shall be allowed for non-payment of premium. 6.3.1.5 Duties: Any failure by the named insured to comply with reporting provisions of the policy or breaches or violations of warranties shall not affect coverage provided to the indemnified parties. 6.3.1.6 Applicability: That the coverage provided therein shall apply to the obligations assumed by the Consultant under the indemnity provisions of the Agreement, unless the policy or policies contain a blanket form of contractual liability coverage. 6.3.2 The policy or policies of insurance required by Section 6.2.3 Workers’ Compensation shall be endorsed, as follows: 6.3.2.1 Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. 6.3.2.2 Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon the County except ten (10) days prior written notice shall be allowed for non-payment of premium. 6.3.3 The policy or policies of insurance required by Section 6.2.4 Professional Liability shall be endorsed, as follows: 6.3.3.1 Cancellation: The policy shall not be canceled or the coverage suspended, voided, reduced or allowed to expire until a thirty (30) day prior written notice of cancellation has been served upon the County except ten (10) days prior written notice shall be allowed for non-payment of premium. 6.4 Deductible. Any deductible or self-insured retention must be approved in writing by the County and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. 6.5 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies or original certificates and endorsements on forms approved by the County. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage ---PAGE BREAK--- Alpine County CEQA – BHS Facility Page I 16 16 has been renewed or extended shall be filed with the County. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the County evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. 6.6 Failure to Maintain Coverage. Consultant agrees to suspend and cease all operations hereunder during such period of time if the required insurance coverage is not in effect and evidence of insurance has not been furnished to the County. The County shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Agreement. In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Work because of production lost during suspension. 6.7 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. 6.8 Insurance for Subconsultants. All subconsultants shall be included as additional insureds under the Consultant’s policies or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of this Agreement, including adding the County as an Additional Insured to the subconsultant’s policies. 7. OWNERSHIP OF MATERIALS AND CONFIDENTIALITY. 7.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for County to copy, use, modify, reuse or sublicense any and all copyrights, designs and other intellectual property embodied in plans, specifications, studies, drawings, estimates and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subconsultants to agree in writing that County is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the County. County shall not be limited in any way in its use or modification of the Documents and Data at any time, provided that any such use or modification not within the purposes intended by this Agreement shall be at County’s sole risk. ---PAGE BREAK--- Alpine County CEQA – BHS Facility Page I 17 17 7.2 Confidentiality. All Documents & Data are confidential and Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the County, except by court order. 8. ACCOUNTING RECORDS. 8.1 Maintenance and Inspection. Consultant shall maintain and make available for inspection by the County and its auditor’s accurate records of all its costs, disbursements and receipts with respect to any work under this Agreement. Such inspections may be made during regular office hours at any time until one year after the final payments under this Agreement are made to the Consultant. 9. SUBCONTRACTING. 9.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of County. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 10. TERMINATION OF AGREEMENT. 10.1 Grounds for Termination. County may, by written notice to Consultant, terminate all or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to County, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. 10.2 Effect of Termination. If this Agreement is terminated as provided herein, County may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 10.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, County may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 11. GENERAL PROVISIONS. 11.1 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address or at such other address as the respective parties may provide in writing for this purpose: County: County of Alpine 99 Water Street Markleeville, California 96120 ---PAGE BREAK--- Alpine County CEQA – BHS Facility Page I 18 18 Attn: County Clerk Consultant: [INSERT NAME, ADDRESS & CONTACT PERSON] Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 11.2 Indemnification. Consultant shall defend, indemnify and hold the County, its elected officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence or willful misconduct of Consultant, its officials, officers, employees, agents, subcontractors and subconsultants arising out of or in connection with the performance of the Services or this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses except such loss or damage which was caused by the active negligence, sole negligence or willful misconduct of the County. Consultant shall defend, at Consultant’s own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the County, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against County or its elected officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse County and its elected officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the County, its elected officials, officers, employees, agents or volunteers. 11.3 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all local, state and federal laws, rules, regulations and ordinances in any manner affecting the performance of the Services, including without limitation County business license requirements and all Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the County, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold County, its elected officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. ---PAGE BREAK--- Alpine County CEQA – BHS Facility Page I 19 19 11.4 Prohibited Interests. Consultant covenants that neither it, nor any of its employees, agents, contractors or subcontractors has any interest, nor shall they acquire any interest, direct or indirect, in the subject of the Agreement, nor any other interest which would conflict in any manner or degree with the performance of the Services hereunder. 11.5 Prevailing Wages. Consultant is aware of the requirements of California Labor Code section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are subject to the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. 11.6 Equal Opportunity Employment. Consultant shall not engage in unlawful employment discrimination. Such unlawful employment discrimination includes, but is not limited to, employment discrimination based upon a person’s race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, gender, citizenship or sexual orientation. 11.7 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 11.8 Attorneys’ Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to reasonable attorneys’ fees and all other costs of such action. 11.9 Assignment or Transfer. Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of the County, which will not be unreasonably withheld. Provided, however, that claims for money due or to become due Consultant from the County under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether voluntary or involuntary, shall be furnished to the County. 11.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 11.11 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 11.12 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. ---PAGE BREAK--- Alpine County CEQA – BHS Facility Page I 20 20 11.13 Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the Services specified herein. There are no understandings, agreements, conditions, representations, warranties or promises with respect to this Agreement, except those contained in or referred to in the writing. 11.14 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Alpine County. 11.15 Time of Essence. Time is of the essence for each and every provision of this Agreement. 11.16 Interpretation. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. 11.17 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 11.18 Authority to Enter Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective Party. 11.19 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 11.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. ---PAGE BREAK--- Alpine County CEQA – BHS Facility Page I 21 21 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. COUNTY OF ALPINE [INSERT NAME OF CONSULTANT] By: By: [***INSERT NAME***] [Name] County Administrator or Board Chairperson [Title] Attest: Attest: By: By: [***INSERT NAME***] [Name] County Clerk [Title] Approved as to Form: By: David Prentice County Counsel ---PAGE BREAK--- Page 22 of 22 EXHIBIT CONSULTANT PROPOSAL [ATTACH CONSULTANT PROPOSAL]