Document alpinecountyca_gov_doc_acf27d1236

- ALPINE COUNTY COMMUNITY DEVELOPMENT DEPARTMENT REQUEST FOR STATEMENT OF QUALIFICATIONS FOR TRANSPORTATION PROGRAM MANAGEMENT SERVICES AND PREPARATION OF REGIONAL TRANSPORTATION PLAN UPDATE SUBMITTAL DEADLINE MARCH 20, 2020 4:00 P.M. Reply to: BRIAN PETERS, DIRECTOR ALPINE COUNTY COMMUNITY DEVELOPMENT DEPARTMENT 50 DIAMOND VALLEY ROAD MARKLEEVILLE, CA 96120 [PHONE REDACTED] [EMAIL REDACTED] MARCH 2, 2020 ---PAGE BREAK--- INTRODUCTION The County of Alpine, California is currently soliciting Statements of Qualifications (SOQ) for a Transportation Program Manager to provide Local Transportation Commission (LTC) services and other transportation program related services. From this group of qualified individuals and firms the County intends to appoint a Transportation Program Manager that reports to the LTC Executive Secretary. Th Executive Secretary is also the Community Development Director. The County may grant preference to a single firm that is qualified to perform all of the transportation program services described in this Request for Statement of Qualifications. All services will be provided on an as needed basis as determined and directed by the Executive Secretary/Community Development Director. Additionally, the qualified individual or firm will prepare the 2020 Regional Transportation Plan: 2020-2040, and Initial Study and Environmental Documentation. The 2020 Regional Transportation Plan (RTP) will be an update to the Alpine County Local Transportation Commission’s 2015 RTP but the new document will include revisions to enhance the importance of performance measures and monitoring requirements. The RTP shall be compatible with the County’s General Plan, Circulation Element, Active Transportation Plan, Short Range Transit Plan, Wayfinding Plan and other County planning documents, including transportation planning documents from the Washoe Tribe of Nevada and California for the community of Hung-A-Lel-Ti. There is $50,000 budgeted in the 2019/20 and 2020/21 fiscal year Overall Work Programs for this work. The 2020 RTP shall meet the 2017 RTP Guidelines as adopted by the California Transportation Commission. Alpine County has contracted with a Transportation Program Manager for LTC services for the last several years. In accordance with best management practices, the County has determined that contracts for these services should be refreshed every five years. As such, this RFQ is expected to result in a contract for services that will run until June 30, 2025. Alpine County expects that the cost for services under this contract will not exceed $95,000/year. The Alpine County seat is located in Markleeville, California, approximately 25 miles southwest of Minden-Gardnerville, Nevada and approximately 35 miles south of South Lake Tahoe. Alpine County is California’s least populated County with just under 1200 full time residents. There are no incorporated towns within the County. The County government provides services primarily focused in three somewhat distinct areas - the unincorporated communities of Bear Valley, Kirkwood, and the “East Slope” (generally referring to the Markleeville and Woodfords Areas, including Woodfords Canyon, Diamond Valley and Mesa Vista). The Community Development Department is located in Woodfords California. The Department is responsible for the following County functions: • Building: Building Official, Plan Check, Inspections, and Permitting; • Engineering/Surveying: Development Review, Encroachment Permits, County Projects including road reconstruction/rehabilitation and bridge replacement, Addressing, Multi-family Driveways and Lanes, and Record of Surveys/Certificates of Compliance; • Planning: Land Use Planning, Transportation Planning, Development Review, and County General Plan; • Public Works: Airport Authority, Buildings and Grounds, Community Centers, County Clean- up, Fuels Reduction Collection (aka Burn Pile), Local Transportation Commission, the Alpine ---PAGE BREAK--- County Dial-A-Ride Program, Recycling Yard, Road Department, and Turtle Rock Park Campground. EXPECTED WORK VOLUME The Transportation Program Manager’s work volume is expected to be variable and driven primarily by need based on the number of planning documents and projects the LTC is working on. Planning documents include but are not limited to: • Overall Work Program (OWP) including: o Planning Program & Monitoring (PPM) funding for STIP and SHOPP monitoring o Local Transportation Fund (LTF) funding for TDA unmet transit needs and audits o Other planning grant funding programs • Federal Transportation Administration (FTA) Section 5311 Operating Assistance and Capital Assistance grant applications for funding the public Dial-A-Ride transit program • Caltrans Local Assistance Coordination to include: o State Transportation Improvement Program (STIP) funding for County road projects o Highway Bridge Program (HBP) funding for bridge replacement • Other transportation project funding programs The LTC’s current planning documents in progress include: • 2020 Regional Transportation Plan Update – due December 2020 • 2020 Short Range Transit Plan Update – due December 2020, RFP to be sent out separately • Promoting Safe Bicycle Travel Opportunities for Bicycle Tourism plan – This is a plan encompassing six agencies (Alpine County LTC, Calaveras COG, Tuolumne County Transportation Commission, San Joaquin COG, Stanislaus COG and California Bicycle Coalition) where TCTC is the lead agency • Implementation of the Wayfinding Plan The Transportation Program Manager shall have knowledge of the Caltrans Local Assistance Procedures Manual and Local Assistance Program Guidelines and be responsible to process approvals necessary for federally and State funded road and bridge projects including timely requests for reimbursement. The County is currently working on the following transportation projects: • Dixon Mine Road over Wolf Creek Bridge Replacement – funded 100% with HBP, construction completed, in close-out phase • Hot Springs Road over Hot Springs Creek Bridge Replacement – funded with 88.53% HBP and 11.47% State-only STIP, RFA for CON submitted, waiting for HBP construction funds to become available (probably in May 2020), then request allocation for STIP match (probably August 2020 CTC meeting), then advertise for construction with work most likely to begin in spring/summer of 2021 • Hot Springs Road Reconstruction – funded by State-only STIP, CEQA MND completed, NEPA CE nearly complete (probably by June 2020), no R/W needed for Phase 1 construction, PS&E for Phase 1 construction nearly complete (probably October 2020), State-only STIP construction programmed for FY 21/22 with Phase 1 construction likely in spring/summer 2022 after Hot Springs Bridge is built with Phase 2 PS&E and construction (to complete the project) most likely to come from future Federal Lands Access Program (FLAP) application and grant award ---PAGE BREAK--- SCOPE OF SERVICES Transportation Program Manager: Perform all responsibilities as staff to the LTC per the Transportation Development Act (TDA), Regional Planning Handbook, and other Caltrans planning policies and California law; and provide all necessary coordination and project management through Caltrans Local Assistance including: 1. Assist LTC with its primary administration and fiscal liaison between the LTC and Caltrans 2. Assist the LTC as its administrative and fiscal liaison for tribal consultations with Native American Tribal officials within the LTC’s jurisdiction (Woodfords Community Council of the Washoe Tribe of Nevada and California) 3. Assist with all functions of LTC as required by TDA including but not limited to providing instructions to County Auditor for processing payment to eligible claimants, unmet transit needs hearings, coordinate meetings of Social Services Transportation Advisory Council 4. Monitor and evaluate legislation that is relevant to transportation and transit 5. Attend all LTC meetings 6. Attend California Transportation Commission meetings and Rural Counties Task Force meetings, as needed 7. Assist with preparation of administrative and fiscal documents and budgets, including LTC’s OWP and other related programs 8. Assist with preparing and noticing LTC meetings and agendas (via County’s MinuteTraq program) 9. Seek, prepare and submit applications and request for grant and other funding opportunities, and if successful, perform project administration, fiscal oversight, procurement and contract management to accomplish and implement award 10. Perform procurement and contract management to fulfill LTC’s planning responsibilities to coordinate the preparation of updates and amendments to the RTP, ATP, Transit Plan, etc. 11. Analyze and make recommendations regarding transportation and transit requests 12. Complete the purchase of new Transit Van for the Dial-A-Ride program using Section 5311 Capital Assistance and STA funding – 5311 application approved, waiting for 5311 funds to become available, vehicle is an 8-passenger, 1-wheelchair tie-down transit van with purchase through CalACT piggy-back program 13. Through Caltrans Local Assistance, prepare and process for approvals request for authorizations (RFA) for PE, PA&ED, PS&E, R/W, and CON for County transportation projects. 14. Through Caltrans Local Assistance, process NEPA approvals, R/W Certification approvals, PS&E approvals, and authorizations for construction. 15. Through Caltrans Local Assistance prepare and process requests for reimbursements. 16. Prepare and process other Local Assistance forms as needed. 17. Prepare the 2020 Regional Transportation Plan Update MINIMUM QUALIFICATIONS Transportation Program Manager: Minimum of five years of experience working in a professional capacity with a Local Transportation Commission, must have previous experience with preparation of Regional Transportation Plans with a rural LTC, experience working with Caltrans Local Assistance to accomplish projects; desirable to have AICP certification. ---PAGE BREAK--- SUBMITTAL CONTENT Format: Statements of Qualification should be submitted on 8.5-inch x 11-inch page portrait format and shall include a cover with the name and address of the Consultant and marked “Statement of Qualifications – Alpine County Transportation Program Management Services”. The SOQ should not exceed twenty (20) 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. Section tabs and the table of contents shall correspond to the numbered requirements of the technical proposal listed in this RFQ. Divider pages shall not count against the page number limit. Letter of Transmittal: The Letter of Transmittal shall be addressed to Brian Peters, Community Development Director, Alpine County Community Development Department, 50 Diamond Valley Road, Markleeville, CA 96120, and must, at a minimum, contain the following: 1. Identification of the firm and/or individual that will have the authorization to commit to the contractual terms and conditions detailed 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 SOQ evaluation phase. 2. Identification of proposed sub consultants, including legal company name, contact person’s name, address, and phone number. Include a description of the working relationship between primary firm and individual and sub consultants, if applicable. 3. Acknowledgment of receipt of all RFQ addenda, if any. 4. A statement to the effect that the SOQ shall remain valid for a period of not less than 180 days from the date of submittal. 5. Signature of a person authorized to bind the firm and/or individual to the terms of the SOQ 6. 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 SOQ is true and correct. Technical Proposal: This section of the SOQ should establish the ability of the firm and/or individual to satisfactorily perform the required work by evidence of experience and demonstrated competence in performing work of a similar nature as described in this RFQ. 1. Provide a brief profile of the firm, including the types of services offered; the year founded; form of the organization (corporation, partnership, sole proprietorship); number, size and location of offices; and number of employees. 2. Identify sub consultants by company name, address, contact person, telephone number and project function. Describe experience working with each sub consultant. 3. Describe experience in performing work of a similar nature to that solicited in this SOQ, and highlight the participation in such work by the key personnel proposed for assignment to this project. Describe experience in working with local agencies similar to Alpine County in nature and/or responsibilities. 4. Describe experience in working with applicable state and federal agencies in the funding, and planning, of transportation and transit improvement projects. Examples of applicable agencies include working with Federal Highways Administration, Federal Aviation Administration, Federal land management agencies (USFS and BLM in particular), U.S. Fish and Wildlife Service, Caltrans, California Department of Fish and Wildlife, and Regional Water Quality Control. ---PAGE BREAK--- 5. Provide a summary of the five most recently completed projects on which the firm provided services similar to those sought by Alpine County. The projects summaries should include a brief description of the project scope and the services provided including the period of performance and the dollar amount of work performed, and the name and telephone number of a contact person, employed by the client, familiar with the firm’s work. 6. A list of significant assignments performed for local governmental agencies during the past three years, indicating the contracting agency, and the name and telephone number of a contact person, employed by the project owner, familiar with the proponent’s work. This information should demonstrate familiarity with public works projects in California. 7. Demonstrate ability to work independently on complex projects and meet established deadlines with minimum direction and supervision from the County. 8. 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 impede firm and/or individual’s ability to provide the requested services. 9. At a minimum three client references shall be provided. Furnish the name, title, address and telephone number of the person(s) at the client organization who is most knowledgeable about the work performed. Identify firm and/or individual’s key personnel who worked on the referenced projects. Firm and/or individual may also supply references from other work not cited in this section as related experience. Proposed Staffing and Team Organization: This section of the SOQ should identify key personnel and establish their abilities to perform the required work by evidence of experience and demonstrated competence in performing work of a similar nature as described in this SOQ. Key personnel shall include the Transportation Program Manager and other key professional and technical personnel. 1. Provide education, experience, and applicable professional credentials of project staff. Include copies of applicable professional credentials. 2. Identify key personnel proposed to perform the work in the specified tasks and include major areas of sub consultant work. Include the person’s name, current assignment and its duration, proposed position for this project, and how long this person has been with the firm. 3. Provide education, experience, and applicable professional credentials of proposed sub consultants. 4. Include an organizational chart, which clearly delineates communication/reporting relationships among the project staff and between the project staff and Alpine County staff. 5. Include a statement that key personnel will be available to the extent proposed for the duration of the contract period acknowledging that no person designated as "key" to the contract shall be removed or replaced without the prior written concurrence of the County. 6. Where the Scope of Services does not adequately define the tasks required to provide complete professional services, provide descriptions of recommended additional services and programs; 7. Identify methods that firm and/or individual will use to ensure quality control as well as budget and schedule control for the work to be performed; ---PAGE BREAK--- 8. Identify any special issues or problems that are likely to be encountered with the services identified herein and how the firm and/or individual would propose to address them. 9. Demonstrate ability to travel to Alpine County on an as needed basis, including during inclement weather and during the winter season when snow and ice may be present on roads. Potential Conflicts of Interest: Identify any potential conflicts of interest including, but not limited to, a general description and time frame for any current client relationships and past services performed within the last five years, for clients other than Alpine County that involve entities or individuals located within Alpine County and/or affect lands within Alpine County. Schedule of Rates: Identification of hourly rates for all assigned personnel, travel and other business expenses proposed to be charged to the Alpine County as part of the contract services agreement. Information regarding hourly rates, travel and other business expenses proposed and fee schedule shall be provided in a separate sealed envelope. Contracting: 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. SUBMITTAL REQUIREMENTS Please submit one hard copy (unbound) and one electronic copy (in Microsoft Word or Adobe PDF format) of your proposal by 4:00 p.m. local time, Friday March 20, 2020. Facsimiles will not be accepted. 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. SELECTION PROCESS Evaluation of SOQ: A selection committee as determined by the Community Development Director will review the Statements of Qualification to determine which respondent is best qualified to perform the work. Depending upon the number and qualifications of respondents, the Community Development Director may select directly from the Statements of Qualification, 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 following criteria may be utilized in the selection process: 1. Understanding of the scope of work to be done. 2. Experience performing work as described in the Scope of Services. ---PAGE BREAK--- 3. Qualifications of staff for work to be done. 4. Present workload and staff availability of firm. 5. Ability to respond and provide services in a timely manner. 6. Familiarity with the functions and responsibilities of providing LTC Services, Caltrans Local Assistance coordination and Preparation of Regional Transportation Plan Update. Proposed Schedule: The anticipated schedule for evaluation of the SOQs, award of contract and commencement of services is outlined below. The schedule is subject to change as determined by the Community Development Director. Release RFQ March 2, 2020 Deadline to Submit SOQ March 20, 2020, 4:00 p.m. Evaluation of SOQ by County Completed/Notification of Interviews April 3, 2020 Consultant Interviews – if needed April13-17, 2020 Notification of Selection April 22, 2020 Approval of Selection by the Local Transportation Commission and Award of Contract May 5, 2020 Notice to Proceed May 12, 2020 The Consultant shall not begin work nor incur any costs associated with any task identified herein without an explicit written notice to proceed for each specified task. It is the intent for the awardee to work with existing staff in May and June for a smooth transition that will begin July 1, 2020. The notice to proceed may in the form of a written work order authorized by the Community Development Director. QUESTIONS AND ADDITIONAL INFORMATION Any questions concerning the SOQ submittal process should be directed to Brian Peters, Director, Alpine County Community Development, by any of the following means: Regular Mail: 50 Diamond Valley Road, Markleeville CA 96120 Email: [EMAIL REDACTED] Telephone: [PHONE REDACTED] In Person: Please call to make an appointment MISCELLANEOUS PROVISIONS AND NOTIFICATIONS SOQ 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 SOQ. Firm or individual shall not include any such expenses as part of its SOQ. SOQ preparation expenses include the following: 1. Preparing its SOQ in response to this RFQ; 2. Submitting that SOQ to the County; 3. Negotiating with the County any matter related to this RFQ; or 4. Any other expenses incurred by a firm or individual prior to the date an agreement is executed. 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 ---PAGE BREAK--- additional evidence of qualifications to perform the Scope of Work described in this RFQ. The County reserves all rights described below: 1. Accept or reject any and all SOQs, or any item or part thereof, or waive any informalities or irregularities in SOQs; 2. Issue new or subsequent RFQs; 3. For any reasons, withdraw or cancel this RFQ, 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 RFQ; 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 SOQs; 5. All SOQs shall become the property of Alpine County and shall not be returned; 6. All SOQs 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 SOQs are not to be copyrighted; 7. Postpone SOQ openings for its own convenience; 8. Remedy or overlook technical errors in the RFQ process; 9. Appoint an Evaluation Committee to review SOQs; 10. Seek the assistance of outside technical experts in SOQ evaluation; 11. Approve or disapprove the use of particular sub consultants; 12. Establish a short list of firms or individuals eligible for interview after review of written SOQs; 13. Negotiate with any, all or none of the firms or individuals; 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. 16. Award subsequent contracts to other consultants for specific projects or purposes as may be described in this RFQ that are beyond the scope of what is required by County Code or California law to be performed by the County Engineer and/or County Surveyor. 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 Appendix A for proponents’ review. Proponents shall examine the contract and identify any request for modification from these standard terms as part of the proposal. Independent Contractor: The successful firm will work in the capacity of an independent contractor for all purposes under this contract (required to comply with the new California requirements imposed by AB 5 to qualify as a business independent contractor), 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 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 LTC Executive Secretary/County Community Development Director or his designee. The Community Development Director will have final approval authority over all issues involved in the development review process. 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 ---PAGE BREAK--- 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. ---PAGE BREAK--- EXHIBIT A – PERSONAL SERVICES AGREEMENT SAMPLE STANDARD FORM PERSONAL SERVICES CONTRACT COUNTY OF ALPINE AND (CONTRACTOR) THIS AGREEMENT is made and entered into this day of by and between the COUNTY OF ALPINE, hereinafter referred to as "County," and (NAME OF CONTRACTOR AND TYPE OF ENTITY THE PARTY IS, IE: sole proprietor, partnership, corporation) hereinafter referred to as "Contractor". RECITALS: WHEREAS, County desires to retain a person or firm to provide the following services: and WHEREAS, Contractor warrants that it is qualified and agreeable to render the aforesaid services. NOW, THEREFORE, for and in consideration of the agreement made, and the payments to be made by County, the parties agree to the following: I. SCOPE OF SERVICES: Contractor agrees to provide all of the services described in Exhibit attached hereto and by this reference made a part hereof. II. ADDITIONAL SERVICES: The County may desire services to be performed which are relevant to this contract or services but have not been included in the scope of the services listed in Paragraph I above and Contractor agrees to perform said services upon the written request of County. These additional services could include, but are not limited to, any of the following: A. Serving as an expert witness for the County in any litigation or other proceedings involving the project or services. B. Services of the same nature as provided herein which are required as a result of events unforeseen on the date of this contract. III. COUNTY FURNISHED SERVICES: The County agrees to: ---PAGE BREAK--- A. Facilitate access to and make provisions for the Contractor to enter upon public and private lands as required to perform their work. B. Make available to Contractor those services, supplies, equipment and staff that are normally provided for the services required by the type of services rendered by Contractor and as set forth in Exhibit C. Make available all pertinent data and records for review. IV. FEES: The fees for furnishing services under this Contract shall be based on the rate schedule which is attached hereto as Exhibit and by this reference incorporated herein. Said fees shall remain in effect for the entire term of this contract. V. MAXIMUM COST TO COUNTY: Notwithstanding any other provision of this contract, in no event will the cost to County for the services to be provided herein exceed the maximum sum of including direct non-salary expenses. VI. PAYMENT: The fees for services under this Contract shall be due within 60 calendar days after receipt by County of an invoice covering the service(s) rendered to date. For any services involving a public works or construction project the County shall retain 10 percent of each progress payment, which shall be due upon completion and acceptance by County of the work or termination of this Contract. With respect to any additional services provided under this Contract as specified in paragraph II hereof, Contractor shall not be paid unless Contractor has received written authorization from County for the additional services prior to incurring the costs associated therewith. Said additional services shall be charged at the rates set forth on Exhibit Invoices or applications for payment to the County shall be detailed and shall contain full documentation of all work performed and all reimbursable expenses incurred. Where the scope of work on the contract is divided into various tasks, invoices shall detail the related expenditures accordingly. Labor expenditures need documentation to support time, subsistence, travel and field expenses. No expense will be reimbursed without adequate documentation. This documentation will include, but not be limited to, receipts for material purchases, rental equipment and subcontractor work. Notwithstanding any other provision herein, payment may be delayed, without penalty for any period in which the State or Federal Government has delayed distribution of funds that are intended to be used by the County for funding payment to contractor. ---PAGE BREAK--- VII. CONTRACT PERFORMANCE TIME: All the work required by this contract shall be completed and ready for acceptance no later than Time is of the essence with respect to this Contract. VIII. INSURANCE: (CONTACT RISK MANAGEMENT PRIOR TO ROUTING FOR SPECIAL CONTRACT SITUATIONS, IE: pollution, cyber liability, construction, environmental services, etc.) Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Minimum Scope and Limit of Insurance A. The Contractor shall maintain a commercial general liability (CGL) insurance policy [Insurance Services Office Form CG 00 01] covering CGL on an occurrence basis, including products and completed operations, property damage bodily injury and personal & advertising injury with limits in the amount of $ 2,000,000, and a general aggregate limit of $4,000,000. The County, its officers, officials, employees, and volunteers are to be covered as additional insureds on the General Liability policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. Additional insured should read as follows: Alpine County PO Box 158 Markleeville, CA 96120 B. Contractor shall also provide comprehensive business or commercial automobile liability coverage including non-owned and hired automobile liability in the amount of $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as ISO Form CA0001 (Code or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code The County, its officers, officials, employees, and volunteers are to be covered as additional insureds on the Automobile Liability policy with respect to liability arising out of work or operations performed by or on ---PAGE BREAK--- behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. Additional insured should read as follows: Alpine County PO Box 158 Markleeville, CA 96120 C. The Contractor shall be required to carry (CHOOSE ONE OF THE FOLLOWING TO INSERT IN THE LINE, OR IF THIS COVERAGE IS NOT NEEDED, DELETE THIS LINE): Professional/ Malpractice/ Errors & Omissions/ Sexual Misconduct coverage in the amount of $1,000,000 per occurrence or claim, $2,000,000 aggregate. Technology Professional Liability $2,000,000 per occurrence, $2,000,000 aggregate Abuse and Sexual Molestation Endorsement for Minors: If the services provided in relation to this Agreement relate in any way to minors, then this policy shall also include an endorsement for abuse and sexual molestation The insurer shall supply a Certificate of Insurance and endorsements signed by the insurer evidencing such insurance to County prior to commencement of work. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The County reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the Entity. Any deductibles or self-insured retentions must be declared to and approved by the County. The County may require the Contractor to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. For any claims related to this contract, the Contractor’s insurance coverage shall be primary coverage at least as broad as ISO CG 20 01 04 13 as respects the County, its officers, officials, employees, and volunteers. Any insurance or self- insurance maintained by the County, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. ---PAGE BREAK--- Contractor hereby grants to County a waiver of any right to subrogation which any insurer of said Contractor may acquire against the County by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the County has received a waiver of subrogation endorsement from the insurer. IX. WORKER'S COMPENSATION: The Contractor acknowledges that it is aware of the provisions of the Labor Code of the State of California which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code and it certifies that it will comply with such provisions before commencing the performance of the work of this Contract. A copy of the certificates evidencing such insurance with policy limits of at least $1,000,000 per accident for bodily injury or disease, shall be provided to County prior to commencement of work, or a signed County Workers’ Compensation Exemption form. X. NONDISCRIMINATORY EMPLOYMENT: In connection with the execution of this Contract, the Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, age, sex, national origin, political affiliation, ancestry, marital status or disability. This policy does not require the employment of unqualified persons. XI. INTEREST OF PUBLIC OFFICIALS: No officer, agent or employee of the County during their tenure or for one year thereafter shall have any interest, direct or indirect, in this Contract or the proceeds thereof. XII. SUBCONTRACTING AND ASSIGNMENT: The rights, responsibilities and duties under this Contract are personal to the Contractor and may not be subcontracted, transferred or assigned without the express prior written consent of the County. XIII. LICENSING AND PERMITS: The Contractor shall maintain the appropriate licenses throughout the life of this Contract. Contractor shall also obtain any and all permits which might be required by the work to be performed herein. XIV. BOOKS OF RECORD AND AUDIT PROVISION: Contractor shall maintain on a current basis complete books and records relating to this contract. Such records shall include, but not be limited to, documents supporting all bids and all expenditures for which any reimbursement is sought. The books and records shall be original entry books. In addition, Contractor shall maintain detailed payroll records including all subsistence, travel and field expenses, and canceled ---PAGE BREAK--- checks, receipts and invoices for all items for which any reimbursement is sought. These documents and records shall be retained for at least five years from the completion of this contract. Contractor will permit County to audit all books, accounts or records relating to this contract or all books, accounts or records of any business entities controlled by Contractor who participated in this contract in any way. Any audit may be conducted on Contractor's premises or, at County's option, Contractor shall provide all books and records within a maximum of 15 days upon receipt of written notice from County. Contractor shall refund any moneys erroneously charged. If County ascertains that it has been billed erroneously by Contractor for an amount equaling 5% or more of the original bid, Contractor shall be liable for the costs of the audit in addition to any other penalty to be imposed. This paragraph applies to any contract which provides for reimbursement of expenses. XV. TERM OF AGREEMENT: This Agreement shall commence on and shall terminate on XVI. CONFIDENTIALITY: All information and records obtained in the course of providing services under this agreement shall be confidential and shall not be open to examination for any purpose not directly connected to the administration of this program. Both parties shall comply with State and Federal requirements regarding confidential information. XVII. TITLE: It is understood that any and all documents, information, computer disk, and reports concerning this project prepared by and/or submitted to the Contractor, shall be the property of the County. The Contractor may retain reproducible copies of drawings and copies of other documents. In the event of the termination of this Contract, for any reason whatever, Contractor shall turn over all information, writing, computer disk, and documents to County without exception or reservation. Contractor shall transfer from computer hard drive to disk any information or documents stored on hard drive and provide County with said disk. XVIII. TERMINATION: A. If the Contractor fails to provide in any manner the services required under this Contract or otherwise fails to comply with the terms of this Contract or violates any ordinance, regulation or other law which applies to its performance herein, the County may terminate this Contract by giving five calendar days written notice to the party involved. ---PAGE BREAK--- B. The Contractor shall be excused for failure to perform services herein if such services are prevented by acts of God, strikes, labor disputes or other forces over which the Contractor has no control. C. Either party hereto may terminate this Contract for any reason by giving thirty (30) calendar days written notice to the other parties. Notice of Termination shall be by written notice to the other parties and be sent by registered mail. D. In the event of termination not the fault of the Contractor, the Contractor shall be paid for services performed to the date of termination in accordance with the terms of this Contract. XIX. RELATIONSHIP BETWEEN THE PARTIES: It is expressly understood that in the performances of the services herein, the Contractor, and the agents and employees thereof, shall act in an independent capacity and as an independent contractor and not as officers, employees or agents of the County. XX. AMENDMENT: This Contract may be amended or modified only by written agreement of all parties. XXI. ASSIGNMENT OF PERSONNEL: The Contractor shall not substitute any personnel for those specifically named in its proposal unless personnel with substantially equal or better qualifications and experience are provided, acceptable to County, as evidenced in writing. XXII. JURISDICTION AND VENUE: This Contract shall be construed in accordance with the laws of the State of California and the parties hereto agree that venue shall be in ALPINE County, California. XXIII. INDEMNIFICATION: Contractor agrees to indemnify, defend at its own expense, and hold County harmless from any and all liabilities, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions to act of Contractor or its officers, agents, or employees in rendering services under this contract; excluding, however, such liabilities, claims, losses, damages, or expenses arising from County’s sole negligence or willful acts. XXIV. COMPLIANCE WITH APPLICABLE LAWS: The Contractor shall comply with any and all federal, state and local laws affecting the services covered by this Contract. ---PAGE BREAK--- XXV. ATTORNEY’S FEES: If any party hereto employs an attorney for the purpose of enforcing or construing this Agreement, or any judgment based on this Agreement, in any legal proceeding whatsoever, including insolvency, bankruptcy, arbitration, declaratory relief or other litigation, including appeals or rehearing, the prevailing party shall be entitled to receive from the other party or parties thereto reimbursement for all attorneys’ fees and all costs, including but not limited to service of process, filing fees, court and court reporter costs, investigative costs, expert witness fees, and the cost of any bonds, whether taxable or not. If any judgment or final order be issued in that proceeding, said reimbursement shall be specified therein. XXVI. NOTICES: Notices to terminate, change or otherwise provide notice as provided in the contract shall be given to County at the following location: (ALPINE COUNTY DEPARTMENT) (ADDRESS) (ADDRESS) (PHONE AND/OR EMAIL) Notices shall be given to Contractor at the following address: (CONTACT NAME) (NAME OF BUSINESS/CONTRACTOR) (ADDRESS) (ADDRESS) (PHONE AND/OR EMAIL) XXVII. COST DISCLOSURE: In accordance with Government Code Section 7550, Contractor agrees to state in a separate section of its filed report the dollar amount of this contract and any related contracts and subcontracts relating to the preparation of the report resulting from this contract. (THE COST DISCLOSURE PARAGRAPH IS RARELY NEEDED; IT ONLY APPLIES WHEN THE CONTRACT EXCEEDS $5,000 AND PROVIDES FOR PAYMENT TO THE CONTRACTOR FOR WRITING A REPORT. DELETE THIS PARAGRAPH IF NOT APPLICABLE) XXVIII. PUBLIC WORKS PROJECTS: No contractor or subcontractor may be listed on a bid proposal for a Public Works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.2 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a Public Works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.2. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. ---PAGE BREAK--- IN WITNESS WHEREOF, the parties hereunto have executed this Contract on the date written below. COUNTY OF ALPINE: CONTRACTOR: By By , Chairman Name: ALPINE County Board of Supervisors Title.: Date: Date: Attest: Approved as to form: Teola Tremayne, County Clerk and ex- Margaret E. Long officio Clerk to the Board of Supervisors County Counsel By: Patricia Griffin, Asst. County Clerk OR IF Not Board Approved COUNTY OF ALPINE: CONTRACTOR: By By Nichole Williamson Name: County Administrative Officer Title.: _ Date: Date: Approved as to form: ---PAGE BREAK--- Margaret E Long County Counsel ---PAGE BREAK--- EXHIBIT SERVICES TO BE PROVIDED BY CONTRACTOR