Request for Qualifications

Transcription

PLANNING AND COMMUNITY
DEVELOPMENT DEPARTMENT
DEVELOPMENT SERVICES AGENCY
Lorelei H. Oviatt, AICP, Director
2700 "M" STREET, SUITE 100
BAKERSFIELD, CA 93301-2323
Phone: (661) 862-8600
FAX: (661) 862-8601 TTY Relay 1-800-735-2929
Planning and Community Development
Engineering, Surveying and Permit Services
Roads Department
E-Mail: [email protected]
Web Address: www.co.kem.ca.us/planning
August 8, 2013
REQUEST FOR QUALIFICATIONS (RFQ)
TO PROVIDE THE FOLLOWING FOR THE FOR THE KERN COUNTY PLANNING AND
COMMUNITY DEVELOPMENT DEPARTMENT: (1) SERVICES FOR THE PREPARATION
OF ENVIRONMENTAL IMPACT REPORTS (EIRs); AND/OR, (2) SERVICES FOR THE
PREPARATION OF COMMUNITY DESIGN SERVICES
Since 2005, the Kern County Planning and Community Development Department (PCDD) has used a
"County-retained third-party consultant" system for the preparation of EIRs. As a part of this process, the
PCDD generates Requests for Proposal (RFPs) for new EIR projects and distributes the RFPs to firms
that are on the County's "Qualified EIR Consultant List." The list was approved by the Kern County
Board of Supervisors and only firms that are on the list receive copies of the RFPs. This RFP policy only
applies to the actual preparation of the EIR and not to the sub-consultants that prepare project-specific
technical studies; unless otherwise specified in the RFP. Applicants may elect to retain sub-consultants
for all, some, or none of the technical studies identified as necessary for the EIR. The studies are subject
to Department guidelines and peer-review for sufficiency by County staff and the selected EIR consultant
EIR Preparation. The PCDD is currently in the process of updating the "Qualified Consultant List" and
is therefore inviting submittal of a "Statement of Qualifications" (SOQ) and related support materials
from qualified environmental planning consultants and firms that are interested in bidding for future
contracts to assist in the preparation of EIRs. Upon receipt of the SOQs, the Department will review the
submittals and make recommendations to the Board of Supervisors to update the previously established
"Qualified EIR Consultant List" for use in the future selection of EIR consultants.
Community Design, Visioning & Outreach. Additionally, Kern County will use a similar RFP-style
approach to select firms to assist with and facilitate various community design activities and outreach
efforts; including, but not limited to: updates to Kern County General Plan and various Specific Plans;
community workshops; preparation of support materials, and other design-oriented planning efforts.
Therefore, in addition to the HQuaiified EIR Consultant List," the PCDD intends to prepare a similar list
of qualified consultants for preparation of future visioning and outreach-type projects. This list will be
known as the "Qualified Community Design Consultant List."
All questions concerning this RFQ and proposals should only be directed to:
Jacquelyn Kitchen, Supervising Planner
Kern County Planning and Community Development Department
2700 "M" Street, Suite 100
Bakersfield, CA 93301
Direct: (661) 862-8619
Email: [email protected] (Preferred Communication Method)
RFQ DISTRIBUTION LIST
Environmental Consultants on Previous County Distribution List
AECOM
555 S. Flower St., Suite 3700
Los Angeles CA 90071
213-593-8000
Arcadis U.S. Inc.
735 Tank Farm Rd., Suite 150
San Luis Obispo, CA 93401
805-706-2805
Jon Davidson
Aspen Environmental Group
5020 Chesebro Rd., Suite 200
Agoura Hills, CA 91301
818-597-3407
Bruce Abelli-Amen
Baseline Environmental Consultants
5900 Hollis St., Suite D
Emeryville, CA 94608
510-420-8686
Joan Patronite Kelly
Bon Terra Consultants
2 Executive Circle, Suite 175
Irvine, California 92614
714-444-9199
Ray Brantley
EARS I
223 62nd Street
Newport Beach, CA 92663
949-646-8958
Cheryl A. Karpowicz
Ecology & Environment Inc.
505 Sansome St., Suite 300
San Francisco, CA 94111
415-398-5326
ECORP Consultants
2525 Warren Drive
Rocklin, CA 95677
916-782-9100
Deanna Hansen
ESA
626 Wilshire Blvd., Suite 1100
Los Angeles, CA 900 17
213-599-4300
Golder Associates
230 Commerce, Suite 200
Irvine, CA 92602
714-508-4400
Sophia Mitchell
HDR, Inc.
8690 Balboa Ave., Suite 200
San Diego, CA 92123-1502
858-712-8328
Chad Beckstrom
ICF International
1 Ada Parkway, Suite 100
Irvine, CA 92618
949-333-6625
Tom Worthington
Impact Sciences
803 Camarillo Springs Rd., Suite C
Camarillo, CA 93012
805-437-1900
Karen Northcutt
Northcutt & Associates
4220 Poplar Street
Lake Isabella, CA 93240-9536
760-379-4626
Rob Balen
LSA Associates, Inc.
20 Executive Park, Suite 200
Irvine, CA 92614
949-553-0666
First Carbon Solutions
Thomas Holm
Irvine, CA 92602
Padre Associates, Inc.
34306 Seventh Standard Rd., Suite No. 2
661-634-9825
Bill Halligan
The Planning Center
3 MacArthur Pl., Suite 1100
Santa Ana, CA 92707
714-966-9220
Patrick Angell
PMC
2729 Prospect Park Dr., Suite 220
Rancho Cordova, CA 95670
916-361-8384
Michael J. Phillips
Quad Knopf
5080 California Ave., Suite 220
661-616-2600
Bruce Grove
RBF Consulting
4540 Duckhom Dr., Suite202
Sacramento CA, 95 834
916-928-2636
Sandra Fayette
RECON Environmental, Inc.
1927 Fifth A venue
San Diego, CA 92101-2358
619-308-9333
RGP Planning & Development
Services
8921 Research Drive
Irvine, CA 92618
949-450-0171
PCR Services Corporation
Jay Ziff
PCR Services Corporation
201 Santa Monica Blvd., Suite 500
Santa Monica, CA 9040 1
Andrew Nelson
SAIC
5464 Carpinteria Ave., Suite K
Carpinteria, CA 93013
805-566-6403
Marie Campbell
Sapphos Environmental Inc.
430 N. Halstead St.
Pasadena, CA 911 07
626-683-3547
Dave Dayton
Stantec Consultants, Inc.
4700 Stockdale Hwy., Suite 125
661-616-0000
Bill Henry
SWCA
1422 Monterey St., C200
San Luis Obispo, CA 93401
805-543-7095
Betsy A. Lindsay
UltraSystems
16431 Scientific Way
Irvine, CA 92618
949-788-4900
Dennis Papilion
URS Corporation
2020 E. First St., Suite 400
Santa Ana, CA 92705-4032
714-835-6886
Mary Jane Wilson
WZI Inc.
1717 28th St.
661-326-1112
David Hochart, Paul Amberg
Dudek and Associates
605 Third Street
Encinitas, CA 92024
760-479-4242;
Curtis Alling
Ascent Environmental, Inc.
455 Capitol Mall, Suite 300
Sacramento, CA 95814
916-444-7301
John Pierson, Jr.
M:RS
3140 Telegraph Rd., Suite 2A
Ventura, CA 93003-3233
805-289-3923
Christina J. Willis,
Ecology and Environment, Inc.
40 1 W A Street, Suite 77 5
San Diego, CA 921 0 1
619-696-0578 Ext: 4215
Additional Firms
Added to 2013 RFQ Distribution List
4520 California Ave., Suite 310
Project Design Consultants
701 B Street, Suite 800
San Diego, CA 9210 1
North State Resources, Inc.
2020 L Street, Suite 340
Macedo Engineering and Consultants
4001 South K Street
Tulare, CA 93274
AMEC
1281 East Alluvial Ave., Suite 10 I
Fresno, CA 93720-2659
Denise Duffy & Associates, Inc.
947 Cass St., Suite 5
Monterey, CA 93940
Chambers Group, Inc.
5 Hutton Centre Dr., Suite 750
Santa Ana, CA 92707
Ryan Lee, Chris Stabenfeldt
Analytical Environmental Services
180 1 ih Street, Suite 100
Terra Nova Planning & Research, Inc.
42635 Melanie Place, Suite 101
Palm Desert, CA 92211
Peter Templeton
Templeton Planning Group
20250 Acacia St., Suite 260
Newport Beach, CA 92660
HELIX Environmental Planning, Inc.
7878 El Cajon Blvd., Suite 200
La Mesa, CA 91942
CH2MHILL, Inc.
1000 Wilshire, Suite 2100
Los Angeles, CA 900 17
PSOMAS
28480 A venue Stanford, Suite 200
Santa Clarita, CA 91355
EMC Planning Group
301 Lighthouse Ave., Suite C
Monterey, CA 93 940
TPG Consulting
7451 N. Remington, Suite 100
Fresno, CA 93 711
Sierra Engineering Services
177 52 Sky Park Circle, Suite 210
Irvine, CA 92614
Emilie Johnson
Tetra Tech, Inc.
3475 East Foothill Blvd.
Pasadena, CA 91107-6024
GHD
3831 North Freeway Blvd., Suite 220
Hogle-Ireland, Inc.
1500 Iowa Ave., Suite 110
Riverside, CA 92507
Tim Gnibus
BRG Consulting, Inc.
304 Ivy Street
Mark Thompson
TRS Consultants
438 Camino Del Rio South #223
San Diego, CA 92108
Willdan Group, Inc.
2014 Tulare St., Suite 515
Fresno, CA 93721-2011
Michael Busdosh
Affinis, Inc.
810 Jamacha Road, Suite 206
El Cajon, CA 92019
Joe Power
Rincon Consultants, Inc.
180 North Ashwood Ave.
Ventura, CA 93003
Jeramey Harding
T&B Planning Consultants, Inc.
1419 University Ave., Suite C
Phillip Hinshaw
A.D. Hinshaw Associates
PO Box 13200
El Cajon, CA 92022
Cordoba Corporation
Attn: Tapas Dutta, PE
140 I North Broadway
Los Angeles, CA 90012
Power Engineers, Inc.
Attn: Mike Strand
731 East Ball Rd., Suite 100
Anaheim, CA 92805
Ambient Air Quality & Noise Consulting
Attn: Kurt Legleiter
827 Jackson Drive
Paso Robles, CA 93446
Hill International
Attn: Michael B. Smith
18100 Von Karman Ave., Suite 700
Irvine, CA 92612
Atkins (PBS&J)
Attn: Ruta Kshirsagar
12301 Wilshire Blvd., Suite 430
CAJA Environmental Services, LLC
Attn: Chris Joseph
11990 West San Vicente Blvd.,
Suite 200
Benchmark Resources
Attn: Katharina McKillip, Office Manager
2515 East Bidwell Street
Folsom, California, 95630
Oliveira Environmental Consulting
1645 Hillcrest Place
San Luis Obispo, CA 9340 1
Affiliated Research Economics
Attn: Liliya Fattyakhdinova
6606 San Fernando Road
Glendale, CA 91201
Land Design Consultants, Inc.
Attn: Christy Cuba
2700 E. Foothill Blvd., Suite 200
Pasadena, CA 91107
RCA Associates LLC
Attn: Randall Arnold Jr.
15555 Main St., Suite D4-235
Hesperia, CA 92345
Alta Environmental
Attn: Matt Winefield
3777 Long Beach Blvd.,
Annex Building
Long Beach, CA 90807
tv1eridian Consultants LLC
860 Hampshire Rd., Suite P
Westlake Village, CA 91361
AEI CASC Consulting
1470 Cooley Drive
Colton, CA 92324
Albert A. Webb Associates
3788 McCray Street
Riverside, CA 92506
The Altum Group
73-710 Fred Waring Dr., Suite 219
Palm Desert, CA 92260
Applied Planning, Inc.
5817 Pine Ave., Suite A
Chino Hills, CA 91709
Bauer Planning & Environmental Services
Irvine, CA 92602
EcoTierra Consulting, Inc.
523 W. Sixth St., Suite 301
Fehr & Peers
100 Pringle Ave., Suite 600
Walnut Creek, CA 94596
Lilburn Corporation
1905 Business Center Drive
San Bernardino, CA 92408
Raney Planning & Management, Inc.
1501 Sports Drive
Terry A. Hayes Associates, Inc.
8522 National Boulevard, Suite 102
Culver City, CA 90232
Skarphol Associates
1801 Oak St., Suite 111
Sigala, Inc.
2491 Alluvial, Ave. # 11
Clovis, CA 93611
AP Architects
3434 Truxtun Ave., Suite 240
Collins & Schoetller
1002 West Main Street
Visalia, CA 93291
CEI Engineering
7543 N. Ingram Ave., Suite 107
Fresno, CA 93 71 1
Dave Cross, Architect
2118 F Street
De Walt Corporation
1930 22nd Street
IBI Group
5500 Ming Ave., Suite 450
Klassen Corporation
2021 Westwind Drive
Bakersfield, CA 9330 I
KSA Group Architects
4660 American Ave., Suite 200
Landmark Surveying and Engineering
3101 N. Sillect Avenue, S-1 03
Mcintosh & Associates
2100 Wheelan Court
Office for Urban Experiments
661-343-4904
Planning Tree, LLC
4216 South Mooney Blvd., Suite 107
Visalia, CA 93277
Porter & Associates, Inc.
1200 21st Street
Provost & Pritchard
1800 30th St., Suite 280
]Bakersfield, CA 93 30 1-1918
San Joaquin Engineering, Inc.
5309 Bold Ruler Court
Bakersfield, CA 93 3 12-4115
Delmarter and Associates
2019 Westwind Dr., Suite C
Envirotech Consultants, Inc.
5400 Rosedale Highway
Kern Land Design
2920 H Street #133
Bakersfield, CA 93301-1948
Jeffrey P. Krausse
2798 Alta Vista Drive
REQUEST FOR QUALIFICATIONS
FXHIBIT A
Kern County Initial Study Checklist including adopted
Thresholds of Significance
Page 8 of 10
KERN COUNTY PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT
Kern County Environmental Checklist Form
Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "potentially significant impact" as indicated by the Kern County Environmental
Checklist in Chapter 3.
D
D
D
D
D
D
Aesthetics
Biological Resources
Greenhouse Gas Emissions
Land Use and Planning
Population and Housing
Transportation and Traffic
D
D
D
D
D
D
Agricultural Resources
Cultural Resources
Hazards and Hazardous Materials
Mineral Resources
Public Services
Utilities and Service Systems
D
n
D
D
D
D
Air Quality
Geology and Soils
Hydrology and Water Quality
Noise
Recreation
Mandatory Findings of
Significance
Determination
On the basis of this initial evaluation:
D
I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
D
I find that although the proposed project could have a significant effect on the environment, there will not
be a significant effect in this case because revisions in the project have been made by or agreed to by the
project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
D
I find that the proposed project tv1A Y have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
D
I find that the proposed project MAY have a '"potentially significant impact" or "potentially significant
unless mitigated" impact on the environment, but at least one effect (a) has been adequately analyzed in an
earlier document pursuant to applicable legal standards, and (b) has been addressed by mitigation measures
based on the earlier analysis as described on attached sheets. An ENVIRONMENT IMPACT REPORT is
required, but it must analyze only the effects that remain to be addressed.
D
I find that although the proposed project could have a significant effect on the environment, because all
potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE
DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that
earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed
upon the proposed project, nothing further is required.
Signature
Date
Printed Name
For
IS/NOP
1
January 2012
Evaluation of Environmental Impacts
1.
A brief explanation is required for all answers except '"No Impact" answers that are adequately supported
by the information sources a lead agency cites in the parentheses following each question. A "No Impact"
answer is adequately supported if the referenced information sources show that the impact simply does not
apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact"
answer should be explained where it is based on project-specific factors as well as general standards (e.g.,
the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis).
2.
All answers must take account of the whole action involved, including offsite as well as onsite, cumulative
as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3.
Once the lead agency has determined that a particular physical impact may occur, then the checklist
answers must indicate whether the impact is potentially significant, less than significant with mitigation, or
less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an
effect may be significant If there are one or more "Potentially Significant Impact" entries when the
determination is made, an EIR is required.
4.
Negative Declaration: "Less than Significant with Mitigation Incorporated" applies where the
incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a
"Less-than-Significant Impact." The lead agency must describe the mitigation measure and briefly explain
how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier
Analyses," may be cross-referenced).
5.
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an
effect has been adequately analyzed in an earlier EIR or negative declaration, Section 15063(c)(3)(D). In
this case, a brief discussion should identify the following:
a.
Earlier Analysis Used. Identify and state where they are available for review.
b.
Impacts Adequately Addressed. Identify which effects from the above checklist where within the
scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and
state whether such effects were addressed by mitigation measures based on the earlier analysis.
c.
Mitigation Measures. For effects that are "Less than Significant with Mitigation Incorporated,"
describe the mitigation measures that were incorporated or refined from the earlier document and the
extent to which they address site-specific conditions for the project.
6.
Lead agencies are encouraged to incorporate into the checklist references to information sources for
potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside
document should, where appropriate, include a reference to the page or pages where the statement is
substantiated.
7.
Supporting Information Sources: A source list should be attached, and other sources used or individuals
contacted should be cited in the discussion.
8.
This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies
should normally address the questions from this checklist that are relevant to a project's environmental
effects in whatever format is selected.
9.
The explanation of each issue should identify:
a.
the significance criteria or threshold, if any, used to evaluate each question; and
b.
the mitigation measure identified, if any, to reduce the impact to a less-than-significant level.
January 2012
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less-thanSignificant
Impact
No
Impact
AESTHETICS.
Would the project:
a.
Have a substantial adverse effect on a scenic
vista?
D
D
D
D
b.
Substantially
damage
scenic
resources,
including, but not limited to, trees, rock
outcroppings, and historic buildings within a
state scenic highway?
D
D
D
D
c.
Substantially degrade the existing visual
character or quality of the site and its
surroundings?
D
D
D
D
d.
Create a new source of substantial light or glare
that would adversely affect day or nighttime
views in the area?
D
D
D
D
Discussion:
a.
b.
c.
January
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Impact
No
Impact
AGRICULTURE AND FOREST RESOURCES.
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may
refer to the California Agricultural Land Evaluation and Site Assessment Model ( 1997) prepared by the
California Department of Conservation as an optional model to use in assessing impacts on agriculture and
farmland. In determining whether impacts to forest resources, including timberland, are significant environmental
effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire
Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and
the Forest Legacy Assessment project; and the forest carbon measurement methodology provided in the Forest
Protocols adopted by the California Air Resources Board. Would the project:
a.
Convert Prime Farmland, Unique Farmland, or
Farmland of Statewide Importance (Farmland),
as shown on the maps prepared pursuant to the
Farmland Mapping and Monitoring Program of
the
California Resources
Agency,
to
nonagricultural use?
0
0
0
0
b.
Conflict with existing zoning for agricultural
use or a Williamson Act Contract?
0
0
0
0
c.
Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in Public
Resources Code section 12220(g)), timberland
(as defined by Public Resources Code section
4526), or timberland zoned Timberland
Production (as defined by Government Code
section 511 04(g) )?
0
0
0
0
d.
Result in the loss of forest land or conversion of
forest land to non-forest use?
0
0
0
0
e.
Involve other changes in the existing
environment which, due to their location or
nature, could result in conversion of Farmland,
to non-agricultural use or conversion of forest
land to non-forest use?
0
0
0
0
f.
Result in the cancellation of an open space
contract made pursuant to the California Land
Conservation Act of 1965 or Farmland Security
Zone Contract for any parcel of 100 or more
acres (Section 15205(b)(3) Public Resources
Code)?
0
0
0
0
Discussion:
a.
b.
IS/NOP
4
January 2012
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Impact
No
Impact
AIR QUALITY.
Where available, the significance criteria established by the applicable air quality management or air pollution
control district may be relied upon to make the following determinations. Would the project:
a.
Conflict with or obstruct implementation of the
applicable air quality plan?
D
D
D
D
b.
Violate any air quality standard as adopted in (c)
i or (c) ii, or as established by EPA or air district
or contribute substantially to an existing or
projected air quality violation?
D
D
D
D
c.
Result in a cumulatively considerable net
increase of any criteria pollutant for which the
project region is in nonattainment under an
applicable federal or state ambient air quality
standard (including releasing emissions which
exceed quantitative thresholds for ozone
precursors)? Specifically, would implementation
of the project exceed any of the following
adopted thresholds:
D
D
D
D
D
D
D
D
D
D
D
D
Severe nonattainment
25 tons per year.
D
D
D
D
Extreme nonattainment
10 tons per year.
D
D
D
D
D
D
D
D
D
D
D
D
L
San Joaquin Valley Unified Air Pollution
Control District:
Operational and Area Sources
Reactive organic gases (ROG)
10 tons per year.
Oxides of nitrogen (NOx)
10 tons per year.
Particulate matter (PM 10)
15 tons per year.
Stationary Sources - as Determined by
District Rules
ii. Eastern Kern Air Pollution Control District.
Operational and Area Sources
Reactive organic gases (ROG)
25 tons per year.
Oxides of nitrogen (NOx)
25 tons per year.
IS/NOP
5
January 2012
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Impact
No
Impact
D
D
D
D
D
D
D
D
u
D
,..--,
u
D
D
D
D
D
Particulate matter (PM 10)
15 tons per year.
Stationary Sources - as Determined by
District Rules
25 tons per year.
d.
Expose sensitive receptors
pollutant concentrations?
e.
Create objectionable odors
substantial number of people?
to
......,
substantial
affecting
a
Discussion:
a.
b.
c.
6
January 2012
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Impact
Impact
No
BIOLOGICAL RESOURCES.
Would the project:
a.
Have a substantial adverse effect, either directly
or through habitat modifications, on any species
identified as a candidate, sensitive, or specialstatus species in local or regional plans, policies,
or regulations or by the California Department
of Fish and Game or U.S. Fish and Wildlife
Service?
D
D
D
D
b.
Have a substantial adverse effect on any riparian
habitat or other sensitive natural community
identified in local or regional plans, policies,
regulations, or by the California Department of
Fish and Game or U.S. Fish and Wildlife
Service?
D
D
D
D
c.
Have a substantial adverse effect on federally
protected wetlands as defined by Section 404 of
the Clean Water Act (including, but not limited
to, marsh, vernal pool, coastal, etc.) through
direct removal, filling, hydrological interruption,
or other means?
D
D
D
D
d.
Interfere substantially with the movement of any
native resident or migratory fish or wildlife
species, or with established native resident or
migratory wildlife corridors, or impede the use
of native wildlife nursery sites?
D
n
n
n
e.
Conflict with any local policies or ordinances
protecting biological resources, such as a tree
preservation policy or ordinance?
D
D
D
D
f.
Conflict with the provisions of an adopted
habitat conservation plan, natural community
conservation plan, or other approved local,
regional, or state habitat conservation plan?
D
D
D
D
Discussion:
a.
b.
c.
7
January 2012
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Impact
No
Impact
CULTURAL RESOURCES.
Would the project:
a.
Cause a substantial adverse change in the
significance of a historical resource as defined in
CEQA Guidelines Section 15064.5?
D
D
D
D
b.
Cause a substantial adverse change in the
significance of an archaeological resource
pursuant to CEQA Guidelines Section 15064.5?
D
u
r--1
D
D
c.
Directly or indirectly destroy a unique
paleontological resource or site or unique
geoiogic feature?
D
D
LJ
n
D
d.
Disturb any human remains, including those
interred outside of formal cemeteries?
D
D
D
D
Discussion:
a.
b.
c.
8
January 2012
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Impact
Impact
D
D
D
D
ii. Strong seismic ground shaking?
D
D
D
D
iii. Seismic-related ground failure, including
liquefaction?
D
D
D
D
iv. Landslides?
D
D
D
D
b.
Result in substantial soil erosion or the loss of
topsoil?
D
D
D
D
c.
Be located on a geologic unit or soil that is
unstable, or that would become unstable as a
result of the project, and potentially result in onor offsite landslide, lateral spreading,
subsidence, liquefaction, or collapse?
D
D
n
n
d.
Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code
(1994 ), creating substantial risks to life or
property?
D
D
D
D
e.
Have soils incapable of adequately supporting
the use of septic tanks or alternative wastewater
disposal systems in areas where sewers are not
available for the disposal of wastewater?
D
D
D
0
No
GEOLOGY AND SOILS.
Would the project:
a.
Expose people or structures to potential
substantial adverse effects, including the risk of
loss, injury, or death involving:
1.
Rupture of a known earthquake fault, as
delineated on the most recent Alquist-Priolo
Earthquake Fault Zoning Map issued by the
State Geologist for the area or based on other
substantial evidence of a known fault? Refer
to Division of Mines and Geology Special
Publication 42.
Discussion:
a.
b.
c.
9
January 2012
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Impact
No
Impact
GREENHOUSE GAS EMISSIONS.
Would the project:
a.
Generate greenhouse gas em1sswns, either
directly or indirectly, that may have a
significant impact on the environment?
D
D
D
D
b.
Conflict with any applicable plan, policy, or
regulation adopted for the purpose of reducing
the emissions of greenhouse gases?
D
D
D
D
Discussion:
a.
b.
10
January 2012
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Impact
No
Impact
HAZARDS AND HAZARDOUS MATERIALS.
Would the project:
a.
Create a significant hazard to the public or the
environment through the routine transport, use,
or disposal of hazardous materials?
D
D
D
D
b.
Create a significant hazard to the pubiic or the
environment through reasonably foreseeable
upset and accident conditions involving the
release of hazardous materials into the
environment?
D
D
D
D
c.
Emit hazardous emissions or invoive handling
hazardous or acutely hazardous materials,
substances, or waste within one-quarter mile of
an existing or proposed school?
D
D
u
u
d.
Be located on a site that is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a
result, would it create a significant hazard to the
public or the environment?
D
D
D
D
e.
For a project located within the adopted Kern
County Airport Land Use Compatibility Plan,
would the project result in a safety hazard for
people residing or working in the project area?
D
D
D
D
f.
For a project within the vicinity of a private
airstrip, would the project result in a safety
hazard for people residing or working in the
project area?
D
D
D
D
g.
Impair implementation of, or physically
interfere with, an adopted emergency response
plan or emergency evacuation plan?
D
D
D
D
h.
Expose people or structures to a significant risk
of loss, injury, or death involving wildland fires,
including where wildlands are adjacent to
urbanized areas or where residences are
intermixed with wildlands?
D
D
D
D
i.
Would implementation of the project generate
vectors (flies, mosquitoes, rodents, etc.) or have
a component that includes agricultural waste?
Specifically, would the project exceed the
11
January 2012
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Impact
No
Impact
Occur as immature stages and adults in
numbers considerably in excess of those
found in the surrounding environment; and
D
D
0
D
ii. Are associated with design, layout, and
management of project operations; and
D
D
D
D
iii. Disseminate widely from the property; and
D
D
D
D
iv. Cause detrimental effects on the public health
or well being of the majority of the
surrounding population.
D
D
D
D
following qualitative threshold:
The presence of domestic flies, mosquitoes,
cockroaches, rodents, and/or any other vectors
associated with the project is significant when
the applicable enforcement agency determines
that any of the vectors:
1.
Discussion:
a.
b.
12
January 2012
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Impact
No
Impact
HYDROLOGY AND WATER QUALITY.
Would the project:
a.
Violate any water quality standards or waste
discharge requirements?
D
D
D
D
b.
Substantially deplete groundwater supplies or
interfere substantially with groundwater
recharge such that there would be a net deficit
in aquifer volume or a lowering of the local
groundwater table level (e.g., the production
rate of pre-existing nearby wells would drop to
a level that would not support existing land
uses or planned uses for which permits have
been granted)?
D
D
D
D
c.
Substantially alter the existing drainage pattern
of the site or area, including through the
alteration of the course of a stream or river, in a
manner that would result in substantial erosion
or siltation on site or off site?
D
D
D
D
d.
Substantially alter the existing drainage pattern
of the site or area, including through the
alteration of the course of a stream or river, or
substantially increase the rate or amount of
surface runoff in a manner that would result in
flooding on site or off site?
D
D
0
0
e.
Create or contribute runoff water that would
exceed the capacity of existing or planned
stormwater drainage systems or provide
substantial additional sources of polluted
runoff?
D
D
D
D
f.
Otherwise substantially degrade water quality?
D
D
D
D
g.
Place housing within a 100-year flood hazard
area as mapped on a federal flood hazard
boundary or flood insurance rate map or other
flood hazard delineation map?
D
D
D
u
h.
Place within a 100-year flood hazard area
structures that would impede or redirect flood
flows?
D
D
D
D
i.
Expose people or structures to a significant risk
of loss, injury, or death involving flooding,
including flooding as a result of the failure of a
levee or dam?
D
D
D
D
January 2012
j.
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Impact
Impact
0
0
0
0
Contribute to inundation by seiche, tsunami, or
mudflow?
No
Discussion:
a.
b.
c.
14
January 2012
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Impact
No
Impact
LAND USE AND PLANNING.
Would the project:
a.
Physically divide an established community?
D
D
D
D
b.
Conflict with any applicable land use plan,
policy, or regulation of an agency with
jurisdiction over the project (including, but not
limited to, the general plan, specific plan, local
coastal program, or zoning ordinance) adopted
for the purpose of avoiding or mitigating an
environmental effect?
D
D
D
D
c.
Conflict
with
any
conservation plan or
conservation plan?
applicable
habitat
natural community
D
D
u
D
Discussion:
a.
b.
c.
IS/NOP
15
January 2012
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Impact
No
Impact
MINERAL RESOURCES.
Would the project:
a.
Result in the loss of availability of a known
mineral resource that would be of value to the
region and the residents of the state?
D
D
D
D
b.
Result in the loss of availability of a locally
important mineral resource recovery site
delineated on a local general plan, specific plan,
or other land use plan?
D
D
D
D
Discussion:
a.
b.
16
January 2012
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Impact
No
Impact
NOISE.
Would the project result in:
a.
Exposure of persons to, or generate, noise
levels in excess of standards established in a
local general plan or noise ordinance or
applicable standards of other agencies?
D
D
D
D
b.
Exposure of persons to or generate excessive
groundbome vibration or groundbome noise
levels?
D
D
D
D
c.
A substantial permanent increase in ambient
noise levels in the project vicinity above levels
existing without the project?
D
D
D
D
d.
A substantial temporary or periodic increase in
ambient noise levels in the project vicinity
above levels existing without the project?
D
D
D
D
e.
For a project located within the Kern County
Airport Land Use Compatibility Plan, would
the project expose people residing or working
in the project area to excessive noise levels?
D
D
D
D
f.
For a project located within the vicinity of a
private airstrip, would the project expose
people residing or working in the project area
to excessive noise levels?
D
D
n
n
Discussion:
a.
b.
c.
17
January 2012
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less- than
Significant
Impact
No
Impact
POPULATION AND HOUSING.
Would the project:
a.
Induce substantial population growth in an
area, either directly (for example, by proposing
new homes and businesses) or indirectly (for
example, through extension of roads or other
infrastructure)?
D
D
D
D
b.
Displace substantial numbers of existing
housing, necessitating the construction of
replacement housing elsewhere?
D
D
D
D
c.
Displace substantial numbers of people,
necessitating the construction of replacement
housing elsewhere?
D
D
D
D
Discussion:
a.
b.
c.
January 2012
Less than
Significant
Potentially
Significant
Impact
Mitigation
Incorporated
Impact
with
No
Impact
PUBLIC SERVICES.
Would the project:
a.
Result in substantial adverse physical impacts
associated with the provision of new or
physically altered governmental facilities, need
for new or physically altered governmental
facilities, the construction of which cou1d cause
significant environmental impacts, in order to
maintain acceptable service ratios, response
times, or to other performance objectives for
any of the public services:
i.
Fire protection?
n
L...J
D
LJ
n
D
ii.
Police protection?
0
0
0
0
iii.
Schools?
0
0
0
0
iv.
Parks?
D
0
0
0
v.
Other public facilities?
0
0
0
0
Discussion:
a. I.
Fire Protection.
a.n.
Police Protection.
a.iii. Schools.
a. IV. Parks.
a.v. Other Public Facilities.
IS/NOP
19
January 2012
Issues (and Supporting Information Sources):
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Impact
No
Impact
RECREATION.
Would the project:
a.
Increase the use of existing neighborhood and
regional parks or other recreational facilities
such that substantial physical deterioration of
the facility would occur or be accelerated?
D
D
D
D
b.
Include recreational facilities or require the
construction or expansion of recreational
facilities that might have an adverse physical
effect on the environment?
D
D
D
D
Discussion:
a.
b.
January 2012
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Impact
No
Impact
D
D
D
D
D
D
D
D
ii. Kern County General Plan LOS "D"?
D
D
D
D
c.
Result in a change in air traffic patterns,
including either an increase in traffic levels or a
change in location that results in substantial
safety risks?
D
D
n
n
d.
Substantially increase hazards due to a design
feature (e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g., farm
equipment)?
D
D
D
D
e.
Result in inadequate emergency access?
D
D
D
D
f.
Conflict with adopted policies, plans, or
programs regarding public transit, bicycle, or
pedestrian facilities, or otherwise decrease the
performance or safety of such facilities?
D
D
D
D
TRANSPORTATION AND TRAFFIC.
Would the project:
a.
Conflict with an applicable plan, ordinance, or
policy establishing measures of effectiveness
for the performance of the circulation system,
including but not limited to intersections,
streets, highways and freeways, pedestrian and
bicycle paths, and mass transit?
b.
Conflict with an applicable congestion
management program, including, but not
limited to level of service standards and travel
demand measures, or other standards
established by the county congestion
management agency for designated roads or
highways?
i.
Metropolitan
LOS "C"?
Bakersfield General
Plan
Discussion:
a.
b.
c.
January 2012
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Impact
Impact
No
UTILITIES AND SERVICE SYSTEMS.
Would the project:
a.
Exceed wastewater treatment requirements of
the applicable regional water quality control
board?
D
D
D
D
b.
Require or result in the construction of new
water or wastewater treatment facilities or
expansion of existing facilities, the construction
of which could cause significant environmental
effects?
D
D
D
D
c.
Require or result in the construction of new
stormwater drainage facilities or expansion of
existing facilities, the construction of which
could cause significant environmental effects?
0
D
D
D
d.
Have sufficient water supplies available to
serve the project from existing entitlements and
resources, or would new or expanded
entitlements be needed?
D
D
D
D
e.
Result in a determination by the wastewater
treatment provider that serves or may serve the
project that it has adequate capacity to serve the
project's projected demand in addition to the
provider's existing commitments?
D
D
D
D
f.
Be served by a landfill with sufficient
permitted capacity to accommodate the
project's solid waste disposal needs?
D
D
D
D
g.
Comply with federal, state, and local statutes
and regulations related to solid waste?
D
D
D
D
Discussion:
a.
b.
c.
January 2012
Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated
Less than
Significant
Impact
No
Impact
MANDATORY FINDINGS OF SIGNIFICANCE.
a.
Does the project have the potential to degrade
the quality of the environment, substantially
reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop
below self-sustaining levels, threaten to eliminate a plant or animal community, substantially
reduce the number or restrict the range of a rare
or endangered plant or animal, or eliminate
important examples of the major periods of
California history or prehistory?
D
D
D
D
b.
Does the project have impacts that are individually limited, but cumulatively considerable?
("Cumulatively considerable" means that the
incremental effects of a project are significant
when viewed in connection with the effects of
past projects, the effects of other current
projects, and the effects of probable future
projects.)
D
D
D
D
c.
Does the project have environmental effects
that would cause substantial adverse effects on
human beings, either directly or indirectly?
D
D
D
D
Discussion:
a.
b.
c.
23
January 2012
REQUFST FOR
QUALIFI~ATIONS
EXHIBIT B
Standard Consultant Contract
Page 9 of 10
AGREEMENT FOR PROFESSIONAL SERVICES
PROFESSIONAL PLANNING AND ENVIRONMENTAL SERVICES FOR
(INSERT NAME OF PROJECT AND CASE NUMBER)
THIS AGREEMENT, made and entered into this ____ day of _ _ _ _ _ , 2010 by and
between,
a professional consulting firm, located at
herein referred to as "Consultant", and COUNTY OF KERN, a political subdivision of the State
of California, located at 2700 "M" Street, Suite 100, Bakersfield, California, 93301, herein
referred to as "County".
WITNESSETH:
WHEREAS, County desires to contract with a professional planning firm for the purpose
of assisting the County is preparing an Environmental Impact Report ( "EIR" herein) pursuant to
the California Environmental Quality Act ( "CEQA" herein) for
· and
WHEREAS, Consultant represents to the County that it is fully qualified, a specialist in
preparation of EIRs and related environmental studies and documents and willing to perform the
work called for in this Agreement; and
WHEREAS, County desires to engage Contractor to provide necessary services and the
Contractor by reason of special training, qualifications, expetience, and facilities for doing the
type of work herein contemplated has offered to provide required services according to the terms
set forth herein;
NOW, THEREFORE, IT IS HEREBY AGREED by and between County and Consultant as
follows:
ARTICLE 1
SCOPE OF SERVICES
1.1
In accordance with the terms and conditions of this Agreement, Consultant shall
provide those professional services set forth in Exhibit A of this Agreement. The scope of
services consists of the preparation through presentation to the Board of Supervisors of an
Environmental Impact Report for ( INSERT NAME OF PROJECT AND CASE NUMBER)
described in detail in Exhibit A of this document.
Standard Consultant
2010
1
1.2 It shall be the responsibility of any subconsultant retained by Consultant to comply
with all the terms of this Agreement, all health and safety guidelines and regulations pertaining to
this project.
1.3 Notwithstanding the designation of Consultant or Subconsultant as having the
lead or support role in any of the listed tasks, it is at all times the responsibility of Consultant to
ensure that all tasks are performed as required by the Agreement.
1.4
The Consultant agrees not to become involved in any project or interest having a
direct or indirect conflict in any manner with the performance of services required under this
Agreement. Consultant shall be obligated to devote only so much of its attention, skill, and
effort as may be reasonably required to perform the services described herein in a professional
and timely manner.
1.5
All services performed by Contractor shall be in conformity with this Agreement
and shall be performed to the satisfaction of the Planning Director or his designee.
1.6
Consultant shall make ever; reasonable effort to maintain their project manager as
(INSERT NAME OF PROJECT MANAGER) The County will reserve the right to approve any
changes in the Consultant's project team.
ARTICLE2
TERM OF CONTRACT
2.1
This Agreement shall be effective on the first date written above and shall
continue thereafter until terminated.
ARTICLE3
CHANGE IN THE WORK
3.1
The County and Consultant will make additions to the Scope of Services by
mutual written agreement.
3.2
The County may, in writing, omit all or any part of the Consultant's work. The
provisions of this Agreement, with appropriate changes in Consultant's Compensation and
Project Schedule, shall apply to all additions and omissions.
ARTICLE4
PAYMENT
Payment for services rendered by Consultant shall be in accordance with the following:
4.1
AMOUNT).
County shall pay Consultant an amount not to exceed (INSERT DOLLAR
Standard Consultant
2010
2
4.2
The above-referenced amount shall include all of the Contractor's salary,
overhead, travel, incidental expenses, and profit. County shall not be liable to Consultant or any
of Consultant's employees for any benefits or additional compensation or payments.
4.3
As required by law, Consultant shall be responsible for payment of all wages and
fringe benefits and for withholding on account of its personnel performing services for County
pursuant to this Agreement.
4.4
All work shall be performed in conformity with all legal requirements and
industry standards and Consultant agrees to exercise the degree of skill and care customarily
exercised by similar professionals in California who provide similar services.
4.5
Consultant shall invoice County upon the successful completion of milestones as
described in Exhibit B. Invoices shall be submitted by Consultant at time of agreed upon product
milestone and will indicate the agreed upon compensation for that product. The Consultant's
invoice shall have a complete description of the services performed and include a summary
spreadsheet. This spreadsheet shall list the follo\ving for each major task; the authorized budget,
current invoice amount, remaining budget. All invoices shall be subject to review and approval
by County staff within seven (7) working days of receipt. County and Contractor shall negotiate
in good faith to resolve any disputed invoices, or portions thereof.
4.6
Payment shall be made by the County within 30 days of receipt and approval by
the County of the invoice, or as soon as practicable.
ARTICLE 5
PROJECT SCHEDULE
5.1
Consultant is prepared to begin work within three weeks of the County's written
authorization to proceed. The scope of services shall be performed by consultant in accordance
with the Scope of Work attached as Exhibit A. Work will be undertaken and completed in
conformance with this Agreement.
5.2 No printing of the Draft EIR for circulation or subsequent work under Exhibit A shall
be performed without expressed written authorization by the County.
ARTICLE6
GENERAL CONDITIONS
6.1
Consultant shall provide services in accordance with applicable Federal and State
statutes, regulations and directives and any changes and amendments thereto, including those
described in this Agreement.
6.2
This Agreement shall be interpreted and enforced in accordance with the laws of
the State of California and venue shall be in Kern County.
6.3
Consultant shall not disclose or permit disclosure of any information, except to its
Standard Consultant
2010
3
employees and subconsultants who need such information in order to properly execute the
services of this Agreement, unless authorized or requested by the County to disclose. All news
releases, media interviews, testimony at hearings and public comments relating to this Agreement
by Consultant shall be prohibited unless authorized by County.
6.4
Consultant shall not assign or transfer this Agreement or any part hereof without
the prior written consent of the County, nor shall the Consultant assign any tnonies due or to
become due to it hereunder without the prior written consent of the County.
It is expressly understood that in the performance of the services herein provided
6.5
for, Consultant shall be, and is, an independent contractor and is not an agent or employee of the
County. Consultant has and shall retain the right to exercise full control and supervision of the
services and full control over the employment, direction, compensation and discharge of all
persons assisting Consultant in the performance of said consulting services hereunder.
Consultant shall be solely responsible for all matters relating to the payment of its employees
including compliance with Social Security withholding, and all other regulations governing such
matters.
6.6
Consultant agrees to indemnify, defend and hold harmless County and County's
agents, board members, elected and appointed officials and officers, employees, volunteers and
authorized representatives from any and all losses, liabilities, charges, damages, claims, liens,
causes of action, awards, judgments, costs, and expenses (including, but not limited to,
reasonable attorneys' fees of County Counsel and counsel retained by County, expert fees, costs
of staff time, and investigation costs) of whatever kind or nature, which arise out of or are in any
way connected with any act or omission of Consultant or Consultant's officers, agents,
employees, independent contractors, sub-contractors of any tier, or authorized representatives.
Without limiting the generality of the foregoing, the same shall include bodily and personal
injury or death to any person or persons; damage to any property, regardless of where located,
including the property of County; and any workers' compensation claim or suit arising from or
connected with any services performed pursuant to this Agreement on behalf of Consultant by
any person or entity.
6.7
Consultant, in order to protect County and its board members, officials, agents,
officers, and employees against all claims and liability for death, injury, loss and damage as a
result of Consultant's negligent actions in connection with the performance of Consultant's
obligations, as required in this Agreement, shall secure and maintain insurance as described
below. Consultant shall not perform any work under this Agreement until Consultant has
obtained all insurance required under this section and the required certificates of insurance have
been filed with and approved by the County. Consultant shall pay any deductibles and selfinsured retentions under all required insurance policies.
a.
Workers' Compensation and Employers Liability Insurance Requirement Consultant shall submit written proof that Consultant is insured against liability for workers'
compensation in accordance with the provisions of section 3700 of the Labor Code.
In signing this Agreement, Consultant makes the following certification, required by
section 1861 of the Labor Code:
Standard Consultant
2010
4
"I am aware of the provisions of section 3 700 of the Labor Code which require every
employer to be insured against liability for workers' compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of this Agreement."
Consultant shall also maintain employers liability insurance with limits of one million
dollars ($1 ,000,000) for bodily injury or disease.
b.
Liability Insurance Requirements:
(1)
Consultant shall maintain in full force and effect, at all times during the
term of this Agreement, the following insurance:
(a)
Commercial General Liability Insurance, including, but not limited
to, Contractual Liability Insurance (specifically concerning the indemnity provisions of this
Agreement), Products-Completed Operations Hazard, Personal Injury (including bodily injury
and death), and Property Damage for liability arising out of Consultant's performance of work
under this Agreement. Said insurance coverage shall have minimum limits for Bodily Injury and
Property Damage liability of one million dollars ($1 ,000,000) each occurrence and two million
dollars ($2,000,000) aggregate.
(b)
Automobile Liability Insurance against claims of Personal Injury
(including bodily injury and death) and Property Damage covering all owned, leased, hired and
non-owned vehicles used in the performance of services pursuant to this Agreement with
minimum limits for Bodily Injury
Professional Liability (Errors and Omissions) Insurance, for
(c)
liability arising out of, or in connection with, the performance of all required services under this
Agreement, with limits of not less than one million dollars ($1 ,000,000) per claim and two
million dollars ($2,000,000) aggregate.
(2)
The Commercial General Liability and Automobile Liability Insurance
required in this sub-paragraph b. shall include an endorsement naming the County and County's
board members, officials, officers, agents and employees as additional insureds for liability
arising out of this Agreement and any operations related thereto.
(3)
If any of the insurance coverages required under this Agreement is written
on a claims-made basis, the insurance policy shall provide an extended reporting period of not
less than four (4) years following the termination of this Agreement or completion of
Consultant's work specified in this Agreement, which ever is later.
(4)
Prior to Consultant commencing any of its obligations under this
Agreement, evidence of insurance in compliance with the requirements above shall be furnished
to the County by Certificate of Insurance. Receipt of evidence of insurance that does not comply
\Vith above requirements shall not constitute a v1aiver of the insurance requirements set forth
above.
c.
Cancellation of Insurance -- The above stated insurance coverages required to be
maintained by Consultant shall be maintained until the completion of all of Consultant's
obligations under this Agreement, and shall not be reduced, modified, or canceled without thirty
Standard Consultant
2010
5
(30) days prior written notice to County. Also, phrases such as "endeavor to" and "but failure to
mail such notice shall impose no obligation or liability of any kind upon the company" shall not
be included in the cancellation wording of all Certificates of Insurance or any coverage for
County and County's board members, officials, agents, and employees. Consultant shall
immediately obtain replacement coverage for any insurance policy that is terminated, canceled,
non-renewed, or whose policy limits have been exhausted or upon insolvency of the insurer that
issued the policy.
d.
All insurance shall be issued by a company or companies listed in the current
"Best's Key Rating Guide" publication with a minimum of an "A-;VII" rating, or in special
circumstances, be pre-approved by the County.
e.
If Consultant is, or becomes during the term of this Agreement, self-insured or a
member of a self-insurance pool, Consultant shall provide coverage equivalent to the insurance
coverages and endorsements required above. The County will not accept such coverage unless
the County determines, in its sole discretion and by w·ritten acceptance, that the coverage
proposed to be provided by Consultant is equivalent to the above-required coverages.
f.
All insurance afforded by Consultant pursuant to this Agreement shall be primary
to and not contributing to any other insurance maintained by County.
g.
Insurance coverages in the minimum amounts set forth herein shall not be
construed to relieve Consultant for any liability, whether within, outside, or in excess of such
coverage, and regardless of solvency or insolvency of the insurer that issues the coverage; nor
shall it preclude the County from taking such other actions as are available to it under any other
provision of this Agreement or otherwise in law.
h.
Failure by Consultant to maintain all such insurance in effect at all times required
by this Agreement shall be a material breach of this Agreement by Consultant. County, at its sole
option, may terminate this Agreement and obtain damages from Consultant resulting from said
breach. Alternatively, County may purchase such required insurance coverage, and without
further notice to Consultant, County shall deduct from sums due to Consultant any premiums and
associated costs advanced or paid by County for such insurance. If the balance of monies
obligated to Consultant pursuant to this Agreement are insufficient to reimburse County for the
premiums and any associated costs, Consultant agrees to reimburse County for the premiums and
pay for all costs associated with the purchase of said insurance. Any failure by County to take
this alternative action shall not relieve Consultant of its obligation to obtain and maintain the
insurance coverages required by this Agreement.
6.8
Any notice to be given hereunder by either party to the other may be effected by
personal delivery or by registered or certified mail, postage prepaid, return receipt requested, and
shall be deemed communicated within three days from mailing. Mailed notices shall be
addressed as set forth belov1, but each party may change its address by \Vritten notice in
accordance with this paragraph:
County of Kern
Planning and Community
Standard Consultant
2010
CONSULTANT NAME
Address
6
Department
2700 "M" Street, Suite 100
6.9
Each individual executing this Agreement on behalf of Consultant represents and
warrants that he is duly authorized to execute and deliver this Agreement on behalf of Consultant
and that this Agreement is binding upon Consultant in accordance with its terms. Consultant
shall, prior to commencing work, deliver to the Director of Kern County Planning and
Community Development Department a copy of a resolution of Consultant's governing body
authorizing or ratifying the execution of this Agreement.
6.10 Time is of the essence as to all work to be performed in accordance with this
Agreement. Notwithstanding the foregoing, neither party shall be responsible for delays beyond
their reasonable control.
6.11 Records of the Consultant's "Direct Personnel and Reimbursable Expense"
pertaining to the service of this Project shall be kept on a generally recognized accounting basis
and shall be available to the County or its authorized representative at mutually convenient times.
6.12 Consultant agrees that, in its performance of this Agreement, it shall conform to
all applicable laws and regulations of Kern County, the State of California, and all rules,
regulations, and directives of the Director of the Kern County Planning and Community
Development Department, as may be in effect from time to time.
6.13 No waiver, indulgence, or extension of time by the County, allowed with respect
to any duty to be performed by Consultant under the terms of this Agreement, shall be deemed to
be a waiver, indulgence or extension of time with respect to any duty to be performed at any
other time.
6.14 With respect to any provisions of this Agreement or the specifications whereby
consultant is required to do something in conformity with the determination, rules, or directions
of the Director of Kern County Planning and Community Development Department, it is
understood that the Board of Supervisors may, at any time and from time to time, designate
another officer or employee of the County of Kern to make such determination, rules or
directions, in which case the Board of Supervisors shall cause a copy of its order in the matter to
be mailed to consultant.
6.15 Wherever the words "Director of Kern County Planning and Community
Development Department" or "Planning Director" are used in this Agreement, it means the
Director of the Planning and Community Development Department of the County of Kern, or an
authorized representative, unless some other officer or employee of the County of Kern is
designated pursuant to Section 6.14 above.
6.16 If any Article, Paragraph, Subparagraph, sentence or clause of this Agreement
shall be adjudged illegal, invalid or unenforceable, such illegality, invalidity, or unenforceability
shall not affect the legality, validity, or enforceability of the Agreement as a whole or of any
Article, Paragraph, Subparagraph, sentence or clause hereof not so adjudged.
Standard Consultant
2010
7
6.17 If any party to this Agreement initiates any legal or equitable action to enforce the
terms of this Agreement, to declare the rights of the parties under this Agreement or which
relates to this Agreement in any manner, County and Consultant agree that the proper venue for
any such action is the Superior Court of the State of California of and for the County of Kern, in
which case the proper venue for any such action is the Bakersfield Municipal Court.
6.18 It is understood that Consultant, in Consultant's performance of any and all duties
under this Agreement, has no authority to bind the County to any agreements or undertakings
with respect to any and all persons or entities with whom Consultant deals in the course of its
business.
6.19 The words "he," "his," "its," as used herein, shall include the feminine and neuter
gender as the case may be.
6.20 Contractor acknowledges that Contractor, and all subcontractors hired by
Contractor to perform services under this Agreement, are aware of and understand the
Lmmigration Reform and Control Act ("IRC.A. "). Contractor is and shall remain in compliance
with the IRCA and shall ensure that any subcontractors hired by Contractor to perform services
under this Agreement are in compliance with the IRCA. In addition, Contractor agrees to
indemnify, defend and hold harmless the County, its agents, officers and employees, from any
liability, damages or causes of action arising out of or relating to any claims that Contractor's
employees, or the employees of any subcontractor hired by Contractor, are not authorized to
work in the United States for Contractor or its subcontractor and/or any other claims based upon
alleged IRCA violations committed by Contractor or Contractor's subcontractor(s).
ARTICLE 7
CONFLICT OF INTEREST
7.1
No officer or employee of County or members of its governing body shall have
any pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. Neither
Consultant, nor Consultant's agents or employees shall serve on the County's governing board or
hold any County positions during the term of this Agreement.
7.2
Consultant, represents that it does not now have any interest, and shall not
acquire any interest, direct or indirect, which would conflict in any manner or degree with the
perfonnance of services required under this Agreement.
7.3
Immediately upon the effective date of this Agreement, Consultant, agrees to
provide a list to the Planning Director of all projects, and their respective developers, located in
the unincorporated area of Kern County, for which Consultant, is then under contract to provide
services. The Consultant, retained under agreement to perform the aforementioned services will
refrain from contracting with
in unincorporated Kern County during the
duration of the time that the scope of consultant services are performed on behalf of the County.
In addition, Consultant, will not contract for services on any project within the unincorporated
area of Kern County without first receiving written consent from the Planning Director that the
Standard Consultant
2010
8
requested contract for services is not inconsistent, incompatible, in conflict with, or inimical to
the performance of the EIR development program, which consent shall not be unreasonably
withheld.
7.4
Consultant, agrees that during the term of this agreement, and for one calendar
year thereafter, without County's written consent, it shall not contract with or represent in any
way the developer of any project reviewed under this agreement, with respect to any project
located in the unincorporated area of Kern County, including further development of any project
reviewed hereunder.
ARTICLES
DISCRIMINATION
8.1
Consultant, agrees that it will comply with Title VI of the Civil Rights Act of
1964, the Fair Employment and Housing i\.ct of California, and that no person shall be excluded
from participation in, be denied the benefits to, or be otherwise subject to discrimination under
this Agreement.
ARTICLE9
RIGHTS TO CONTRACTED PRODUCTS
9.1
Upon payment for Consultant services, for no additional fee or charge, products
prepared by Consultant, or Consultant, 's employees pursuant to this Agreetnent, except
Contractor's administrative communications and records, shall be delivered to and are the
exclusive property of the County and may be used by the County in any way it may deem
appropriate.
9.2
The ideas, concepts, know-how, or techniques developed during the course of this
Agreement may be used by County in any way it may deem appropriate, so long as that use does
not violate any term of this Agreement.
9.3
Consultant, or Consultant, 's assigned employee's shall not publish or disseminate
information gained through participation in this contract without specific prior review and
written consent by the County.
9.4
Upon completion of this Agreement, the provisions of this section shall continue
to survive.
ARTICLE 10
TERMINATION OF AGREEMENT
County reserves the right to terminate this Agreement upon giving Consultant notice of its
intention to terminate at least five business days prior to the effective date of termination. Upon
Standard Consultant
2010
9
termination of agreement, Consultant will be compensated for work completed prior to date of
termination pursuant to the attached rate schedule. In the event that this Agreement is
terminated, Consultant shall furnish to the County the results of all services performed by
Consultant prior to the date of termination.
ARTICLE 11
EXTENT OF AGREEMENT
This Agreement contains the entire Agreement of the parties relating to the rights herein granted
and the obligations herein assun1ed. Any oral representations or modifications concerning this
Agreement shall be of no force or effect, excepting a subsequent modification in writing, signed
by the party to be charged.
ARTICLE 12
CONFIDENTIAL INFORMATION
12.1 Non-disclosure and Limited Use.
Consultant, acknowledges that it may gain access to confidential information by reason of this
Agreement, and Consultant, further acknowledges that irreparable harm to County can be
occasioned by disclosure of that information. Consultant, warrants that it shall treat all
information, forms, records and documents which come into its possession, or to which it gains
access, under this Agreement, as strictly confidential and proprietary to County. Consultant,
shall exercise a standard of care to protect said information, forms records and documents that is
at least as high as that used by Consultant, to protect its own confidential and proprietary records.
Consultant, shall not use said information or other materials except for County business.
12.2 Confidentiality Extends Beyond Performance.
Upon completion of this Agreement, the provisions of this section shall continue to survive.
12.3 Security Compliance.
Consultant, agrees that it and its personnel shall at all times comply with all security standards,
practices, and procedures which County may from time to time establish with respect to
information and materials which come into Consultant, 's possession, or to which Consultant,
gains access, under this Agreement. Consultant further agrees that it and its personnel shall at
all times comply with all Federal, State and local laws and regulations respecting confidentiality
of the records and data which come into Consultant's possession, or to which Consultant, gains
access, under this Agreement. Consultant shall take all necessary and appropriate measures to
assure that its personnel comply with the requirements of this Section.
Standard Consultant
2010
10
ARTICLE 13
GOVERNING LAW
The terms of this Agreement shall be constructed and interpreted under, and all respective rights
and duties of the parties shall be governed by, the laws of the State of California.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
herein above set forth.
CONSULTANT
RECOMMENDED FOR
APPROVAL:
Kern County Planning and
Community Development
Department
By: --------------·
Title:
By:
Lorelei H. Oviatt, AICP, Director
COUNTY OF KERN
By:
Chairman, Board of Supervisors
APPROVED AS TO FORM:
Office of County Counsel
By:
County Counsel
Standard Consultant
2010
11
REQUEST FOR QUALIFICATIONS
EXHIBiT C
Standard Milestone Format
(May vary depending on specific project type/format)
RFP - EXHIBIT C
Invoicing Milestone Schedule
Consultant will submit invoices in accordance with the County's contract and based on the following
milestones:
No.
1
Milestone
1.
Completion and distribution of the Notice ofPreparation
$
2.
Cmnpletion of technical studies or review of technical studies
$
3.
Completion of the first Administrative Draft EIR and submittal to the
Planning & Community Development Department for review
$
4.
Compietion of the Draft EIR and distribution to the public
$
5.
Completion of the responses to comments and distribution to the
commenting agencies
$
6.
Completion of the project (certification of the Final EIR following the
final hearing)
$
Project Total
1
Cost
$
Numbering of milestones is not necessarily sequential and is for purposes of communication with Kern County
staff only. Milestones should be referred to by number in all communications concerning invoices.
Page 1 of 1

Request for Qualifications

Transcription

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