HomeMy WebLinkAboutCAP Contract Scope of Work
Butte County Board of Supervisors
Agenda Transmittal
Subject:
Department: Meeting Date Requested:
Contact: Phone: Regular Agenda Consent Agenda
Department Summary:(Information provided in this section will be included on the agenda. Attach explanatory memorandum and
other background information as necessary).
Fiscal Impact:
Personnel Impact:
Action Requested:
Clerk of the Board Use Only
Agenda Item:
Administrative Office Review:
4.07
Development Services
Contract Approval with Pacific Municipal Consultants for the Preparation of a Climate Action Plan
December 11, 2012
Tim Snellings 538-6821 ✔
General Plan 2030 Conservation and Open Space Element Action COS-A1.1 requires the preparation of a Climate Action
Plan (CAP). General Plan 2030 policies and actions provide a comprehensive framework for reducing Greenhouse Gas
(GHG) emissions in the County.The CAP requirements under Action COS-A1.1 would assist California in meeting the GHG
reduction goals for 2020 that is a requirement of State law and embodied in the Global Warming Solutions Act of 2006 (AB
32). Action COS-A1.1 would ensure that GHG emissions in Butte County would not contribute considerably to cumulative
GHG emissions and associated climate change effects. Action COS-A1.1 is also identified under General Plan 2030 and the
General Plan 2030 Final EIR requirement to mitigate environmental impacts under the California Environmental Quality Act
(CEQA) for GHG emissions associated with the General Plan’s implementation. Development Services staff requests that
the Board of Supervisors approve an agreement with Pacific Municipal Consultants (PMC) to prepare a CAP,and either an
Addendum to the General Plan 2030 EIR or a Supplemental EIR, in an amount not-to-exceed $209,276. The not-to-exceed
amount includes a contingency for three optional tasks as set forth under the PMC work program. The term of the
agreement is from December 11, 2012 through June 30, 2014. An additional amount of $14,246 is required to provide for
costs incurred by Development Services for other contractually-related expenses for a CAP.
For fiscal year 2012-13 costs are estimated to be $173,957.
$209,276 for the agreement with PMC and $14,246 for costs to the department in fulfilling the County's contracted
responsibilities (facility rental, video recording of meetings, refreshments, display advertising, printing, cd production, agency
fees (Fish & Wildlife and Clerk/Recorder) for a total of $223,522 covering two fiscal years. For fiscal year 2012-13 costs are
estimated to be $173,957. The cost will be covered through General Fund Appropriations for Contingencies.
Does not apply.
1. Approve the agreement and authorize the Chair to sign subject to review by County Counsel and the Auditor-Controller.
2. Approve a budget adjustment.
Sang Kim, Deputy Chief Administrative Officer
Balances of contract $52,431.50 and dept expenses $5746 for FY2013-14 shall be budgeted via the FY2013-14 budget process, along with any adjustments needed to reflect costs of
actual expenses delivered in FY 2012-13.
Admin Office Use Only:
Date of Review/Approval:Reviewed and approved by:
4/5 Vote Required (Increases Overall Appropriations in a Fund or transfers from Contingencies):Yes _X_No ___
Use of Funds
Recommended
Appropriation
Increase/(Decrease)
Recommended
Revenue
Increase/(Decrease)
Use of Fund
Balance
0010 690010 580002 Appro. For Contingencies (173,957.00)
0010 440001 536 Professional & Specialized Svcs 173,957.00
TOTAL - -
Source of Funds
BUDGETARY ADJUSTMENT WORKSHEET
Fund
Budget Unit/
Cost Center Project #Account #Account Description
Summary of Budget Adjustment: General Fund transfers to cover FY 2012-13 contract costs for County Climate Action Plan.
Butte County Department of Development Services
TIM SNELLINGS, DIRECTOR | PETE CALARCO, ASSISTANT DIRECTOR 7 County Center Drive
Oroville, CA 95965
(530) 538-7601 Telephone
(530) 538-7785 Facsimile
www.buttecounty.net/dds
www.buttegeneralplan.net
December 11, 2012 Board of Supervisors Meeting
Contract Approval with Pacific Municipal Consultants for the Preparation of a Climate Action Plan
Pursuant to General Plan Direction, Page 1
TO: Honorable Chair and Board of Supervisors
FROM: Tim Snellings, Director
Butte County Department of Development Services
SUBJECT: Contract Approval with Pacific Municipal Consultants for the Preparation
of a Climate Action Plan Pursuant to General Plan Direction
DATE: December 11, 2012
Department Summary
General Plan 2030 Conservation and Open Space Element Action COS-A1.1 requires
the preparation of a Climate Action Plan (CAP). General Plan 2030 policies and actions
provide a comprehensive framework for reducing Greenhouse Gas (GHG) emissions in
the County. The CAP requirements under Action COS-A1.1 would assist California in
meeting the GHG reduction goals for 2020 that is a requirement of State law and
embodied in the Global Warming Solutions Act of 2006 (AB 32).
Action COS-A1.1 would ensure that GHG emissions in Butte County would not
contribute considerably to cumulative GHG emissions and associated climate change
effects. Action COS-A1.1 is also identified under General Plan 2030 and the General
Plan 2030 Final EIR requirement to mitigate environmental impacts under the California
Environmental Quality Act (CEQA) for GHG emissions associated with the General
Plan’s implementation.
Development Services staff requests that the Board of Supervisors approve an
agreement with Pacific Municipal Consultants (PMC) to prepare a CAP, and either an
Addendum to the General Plan 2030 EIR or a Supplemental EIR, in an amount not-to-
exceed $209,276. The not-to-exceed amount includes a contingency for three optional
tasks as set forth under the PMC work program. The term of the agreement is from
December 11, 2012 through June 30, 2014. An additional amount of $14,246 is
required to provide for costs incurred by Development Services for other contractually-
related expenses for a CAP as shown below.
For fiscal year 2012-13 costs are estimated to be $173,957.
December 11, 2012 Board of Supervisors Meeting
Contract Approval with Pacific Municipal Consultants for the Preparation of a Climate Action Plan
Pursuant to General Plan Direction, Page 2
Development Services Costs - CAP
Item Cost
Meeting Hall Rentals 500
Video Recording Meeting 1,000
Food/Refreshments 500
Display Ads 3,200
Printing 5,000
CD Duplication 1,000
Dept. Fish & Wildlife Fees 2,996
Clerk Recorder 50
Total 14,246.00
Actions Requested
1. Approve the agreement and authorize the Chair to sign subject to review by
County Counsel and the Auditor-Controller.
2. Approve a budget adjustment.
Background
In accordance with Butte County General Plan 2030 Conservation and Safety Element
Action COS-A1.1, set forth below, Butte County shall prepare, within one year of
adoption of General Plan 2030, a Climate Action Plan (CAP), which, in combination with
other existing policies and regulations by other agencies and business sectors of the
economy, would reduce greenhouse gas (GHG) emissions in the County to a level that
would comply with State guidelines. Conservation and Open Space Element Action
COS-A1.1 is also identified under General Plan 2030 and the General Plan 2030 Final
EIR as required as a means to mitigate environmental impacts under the California
Environmental Quality Act (CEQA).
Proposed General Plan 2030 policies and actions provide a comprehensive framework
for reducing GHG emissions in the County. In particular, the Climate Action Plan
requirements under Action COS-A1.1 would assist California in meeting the reduction
goals for the year 2020 that are embodied in the Global Warming Solutions Act of 2006
(Assembly Bill 32), and would ensure that GHG emissions in Butte County would not
contribute considerably to cumulative GHG emissions and associated climate change
effects.
December 11, 2012 Board of Supervisors Meeting
Contract Approval with Pacific Municipal Consultants for the Preparation of a Climate Action Plan
Pursuant to General Plan Direction, Page 3
Development of a Climate Action Plan under General Plan 2030
COS-A1.1 Within one year of adoption of General Plan 2030, coordinate with regional
agencies to develop a Climate Action Plan, which, in combination with other existing
policies and regulations by other agencies and business sectors of the economy, would
achieve reduction consistent with State guidelines using methodology deemed
appropriate at the time of quantification. Include the following as components in the
Climate Action Plan:
a. Establish a detailed inventory of current (2006) GHG emissions in Butte
County, including, but not limited to, residential, commercial, industrial and
agricultural emissions.
b. Forecast GHG emissions for areas within the jurisdictional control of the
County for “business as usual” conditions in 2020.
c. Identify methods to reduce GHG emissions to a level that would achieve
reduction consistent with State guidelines at the time of quantification.
d. Quantify the 2030 reductions in GHG emissions from the identified methods.
e. Require monitoring and reporting of GHG emissions.
f. Establish a schedule of actions for implementation through 2020.
g. Identify funding sources for implementation through 2020.
h. Identify a process to set a reduction goal for 2030 by 2020.
i. Update the Climate Action Plan by 2020 to include reduction measures to
achieve the adopted 2030 reduction goal.
j. Develop a Climate Change Preparedness Plan that will prepare for the
impacts of climate change on the County’s economic and natural ecosystems
and promote a climate-resilient community.
Butte County Sustainability Report
A Sustainability Report prepared by County staff and reviewed by the Board of
Supervisors on August 14, 2012, also recognized the importance of the preparation of
CAP to address climate change and energy efficiency.
The Sustainability Report states that ideas and policies established in General Plan
2030 can address the one aspect of climate change that is under human control – GHG
emissions. To this end, General Plan 2030 identified a community-driven and
collaboratively-created CAP as a key Action Item. The CAP is critical to taking the
County’s commitment to sustainability to the next level by establishing a quantifiable
GHG emissions reduction target and monitoring the County’s progress towards agreed-
upon outcomes.
The Sustainability Report also states that efforts to reduce GHG emissions can benefit
Butte County’s economy. By using energy more efficiently, harnessing renewable
energy to power our buildings, enhancing access to sustainable transportation modes,
and recycling our waste, we can keep dollars in our local economy, create new green
December 11, 2012 Board of Supervisors Meeting
Contract Approval with Pacific Municipal Consultants for the Preparation of a Climate Action Plan
Pursuant to General Plan Direction, Page 4
jobs and improve community quality of life. Additionally these measures position the
County to be more fiscally sound as traditional forms of energy becomes less available
and more expensive to purchase.
The Sustainability Report also points out that the same principles and approaches that
will be developed through the CAP can apply to County operations. Actions to reduce
the contribution of GHG emissions from Butte County operations must be taken as a
matter of leadership and legal compliance.
Selected Consultant
Pacific Municipal Consultants (PMC) is a full-service multidisciplinary firm that serves
public agencies throughout the western region of the United States. PMC consists of
approximately 100 professionals working out of six primary offices, including an office
located locally in Chico. PMC has a strong background in serving local municipalities
including extensive work in the preparation of Climate Action Plans, including for Yolo,
Contra Costa, Solano, San Mateo (Energy Efficiency Climate Action Plan) and San Luis
Obispo (EnergyWise Plan) Counties.
Key personnel from PMC who will manage the CAP process include Project Director
Tammy Seale, Project Manager Jeff Henderson, Community Engagement Manager
Nora De Cuir, and Senior Environmental Planner Scott Friend. PMC will also partner
with specialized sub-consultants including Ascent Environmental, Inc., which provides a
breadth of analytical knowledge concerning climate change and agriculture, and Fehr &
Peers, which provides innovative transportation solutions with an emphasis on
sustainability and energy efficiency.
Scope of Work
The Scope of Work was arrived at through the review of PMC’s original proposal and
was refined through negotiations with Development Services staff. The Scope of Work
provides the road map showing the various steps to be undertaken during the CAP
process.
PMC will coordinate with County staff to host up to two public open houses for County
residents and businesses. Outreach will also take place to specific community groups
particularly in the agriculture and conservation sectors. Community engagement is a
key part of developing feasible emission reduction measures that reflects the needs of
Butte County.
The Scope of Work provides a detailed work program for the major tasks of the CAP
process, including:
1. Climate Action Plan Organization and Format
2. Detailed inventory of Current GHG Emissions
December 11, 2012 Board of Supervisors Meeting
Contract Approval with Pacific Municipal Consultants for the Preparation of a Climate Action Plan
Pursuant to General Plan Direction, Page 5
3. Identify and Evaluate Emission Reduction Measures
4. Environmental Review (EIR Addendum or Supplemental EIR)
5. Community Engagement
6. Develop Administrative and Public Review Draft CAPs
7. Develop Final Action Plan
8. Meetings with Planning Commission and Board of Supervisors
PMC also includes in their scope monitoring and reporting tools that will benefit County
staff in the annual evaluation and tracking of emission reduction measures to track
progress in reducing emissions, Vehicle Miles Traveled, waste, and energy and water
use over time, highlighting successful programs and those needing improvement.
State CEQA Guidelines Section 15183.5 allows jurisdictions to analyze and mitigate the
significant effects of GHGs by adoption of a CAP for the reduction of GHG emissions.
Once a CAP is adopted for Butte County, future individual development projects will
only be required to prepare project-specific environmental documents, which may “tier”
from the analysis and mitigation measures provided in the CAP. PMC’s scope of work
will include tools and processes in the CAP that future project applicants can use to
streamline environmental review and project processing. This will provide for more
efficient permit processing with the potential to save time and money for projects
deemed to be consistent with the CAP.
Optional Tasks
Included in the $209,276.00 not-to-exceed amount of the contract are three optional
tasks set forth under the PMC proposal, shown below. Only Optional Task #1 is
anticipated by County staff to be necessary, but the other two Optional Tasks are
recommended for inclusion as discussed in more detail below. In order to provide funds
for unanticipated expenses such as the need to hold additional community open houses
($4,540.00 each), staff meetings ($1,500.00 for each) and Board and Planning
Commission meetings ($1840.00 for each), moneys may be used from the contingency
budget provided for optional tasks.
Base Contract Amount $156,991.00
1) Inventory of Local Government Actions $5,550.00
2) Trip Reduction Visualization Tool $16,730.00
3) Supplemental EIR $30,005.00
________________________________________________
Total $209,276.00
Optional Task #1 consisting of an Inventory of Local Government Actions, would help
to supplement the existing inventory that does not include County government
operations. PMC will review the Sustainability Report provided to the Board of
Supervisors concerning County operations and complete a baseline inventory of local
government actions for 2006 and will forecast municipal emissions for 2020 and 2030.
December 11, 2012 Board of Supervisors Meeting
Contract Approval with Pacific Municipal Consultants for the Preparation of a Climate Action Plan
Pursuant to General Plan Direction, Page 6
Development Services staff recommends the completion of this optional task to provide
more complete information concerning the sustainability report and County government
operations.
Optional Task #2 regarding the Trip Reduction Visualization Tool calls for Fehr & Peers
to prepare a quick-response tool for visually presenting travel and associated GHG
reductions associated with various trip reduction strategies for use during public
outreach meetings including changes to land use allocations. Staff does not anticipate
this tool being necessary but recommends inclusion in the contract as an option to
address any transportation issues that may come up during the process.
Optional Task #3 provides for the preparation of a Supplemental EIR to address
environmental review under CEQA. The existing strategy to prepare an Addendum to
the General Plan EIR will adequately address compliance with CEQA. The Addendum
will summarize impact conclusions under the General Plan EIR and document how CAP
impacts are 1) adequately addressed in the General Plan EIR, 2) not peculiar to the
project and, 3) mitigated by adopted standards. Staff does not anticipate the need to
prepare a Supplemental EIR as proposed under this optional task but recommends
inclusion in the contract should it become necessary to address CEQA issues.
Professional Services Contract - GT$25K Initial Publication Current as of 12/6/2012 Butte County General Services Page 1 of 23
PROFESSIONAL SERVICE CONTRACT
This Contract, dated as of the last date executed by the County of Butte is between the County of Butte, a political subdivision of
the State of California, hereinafter referred to as “COUNTY”, and the professional service contractor indicated in the variable
information table below, hereinafter referred to as “CONTRACTOR.”
VARIABLE INFORMATION TABLE
Term of This Contract (Complete Dates in Just One of the Following Three Rows)
Term Begins Term Completion Date
On Following Date Upon Execution On Following Date June 30, 2014
County Department Development Services
Basis of Price (Do Not √ More Than One of the Following Four Blocks)
Price $ Fixed Price Annual Price Monthly Price Hourly Rate
Not-to-Exceed Price $209,276.00 √ if Reasonable Expenses are authorized in addition to Hourly Rate
CONTRACTOR Contact Information COUNTY Contact Information
CONTRACTOR PMC Project Manager Dan Breedon, Principal Planner
Address 140 Independence Circle, Ste. C Address 7 County Center Drive
City, State & ZIP Chico, CA 95973 City, State & ZIP Oroville, CA 95965
Telephone (530) 894-3469 Telephone (530) 538-7629
Facsimile (530) 894-6459 Facsimile
WHEREAS, COUNTY, through the COUNTY Department identified above, desires to have work described in the Attachment II -
Scope of Work performed; and
WHEREAS, CONTRACTOR possesses the necessary qualifications to perform the work described herein;
NOW THEREFORE BE IT AGREED between the parties to this Contract that this Contract is subject to the provisions contained
in the following attachments, which are made a part of this Contract. Should there be any conflicts between this Contract and
the attachments that are incorporated herein precedence shall first be given to the provisions of this Contract followed by the
attachments, in descending order, as indicated below:
Attachment III – Terms and Conditions (including Exhibit “A”)
Attachment I – Insurance Requirements for Professional Service Contracts
Attachment VI – Professional Credentials
Attachment II – Scope of Work
By signature below, the department head or his or her deputy certifies that no unauthorized alterations have been made to the
Attachment III – “Terms and Conditions” and/or the Attachment I – “Standard Insurance Requirements.”
Typed or Printed Name Signature Date
This Contract and the above listed Attachments represent the entire undertaking between the parties.
COUNTY CONTRACTOR
By
Date Date
Steve Lambert, Chair of the Board of Supervisors PMC
REVIEWED FOR FISCAL CONTROL, REVIEWED AS TO FORM
SUBJECT TO BUDGETARY APPROPRIATION BRUCE S. ALPERT
General Services Contracts Division BUTTE COUNTY COUNSEL
By By
Professional Services Contract - GT$25K Initial Publication Current as of 12/6/2012 Butte County General Services Page 2 of 23
ATTACHMENT I
INSURANCE REQUIREMENTS For Professional Services Contract
Before the commencement of work, Contractor shall submit to County: (1) Certificates of Insurance for
all relevant coverages listed in Section A below; (2) All Endorsements listed in Section B below; and (3)
a “Declarations Page” listing the titles of all endorsements to the Commercial General Liability (CGL)
policy.
A. MINIMUM SCOPE LIMIT OF INSURANCE – Coverage shall be at least as broad as:
1.) Commercial General Liability. Insurance Services Office (ISO) “occurrence” form CG 00 01 12
07 CGL or equivalent on an “occurrence” basis, including bodily injury, property damage,
contractual liability, medical expenses for any one person, personal and advertising injury,
products-completed operations coverage and policy limits of no less than $1,000,000 per
occurrence. If a general aggregate applies, either the general aggregate shall apply separately
to this project/location or the general aggregate shall be twice the required occurrence limit.
2.) Automobile Liability Insurance. ISO form CA 0001 covering (any auto) Code 1 or if Contractor
has no owned autos, hired (Code 8) and non-owned autos (Code 9), with limits no less than
$250,000 per passenger and $500,000 for all passengers. (Not required if Contractor provides
written verification he or she will not be using a vehicle to perform the scope of work described in
the contract.)
3.) Workers’ Compensation Insurance. As required by the State of California with Statutory Limits
and Employer’s Liability Insurance with limits of no less than $1,000,000 per accident for bodily
injury and disease. (Not required if Contractor provides written verification he or she has no
employees.)
4.) Professional Liability (Errors and Omissions) Insurance. (If applicable. See Note below.)
Insurance appropriate to the Contractor’s profession with limits no less than $1,000,000 per
claim, and $2,000,000 aggregate. (Note: Professional liability insurance coverage is normally
required if the Contractor is providing a professional service regulated by the State. For example,
insurance agents, professional architects and engineers, doctors, lawyers, nurses and certified
public accountants. However, other professional Contractors not regulated by the State, such as
computer or software designers, claims administrators, consultants, and others should also have
professional liability insurance. If the contracted service requires “brain work, as opposed to
“physical work”, then professional liability insurance will most likely be required.)
If Contractor maintains higher limits than the minimums shown above, County shall be entitled to the
higher limits.
B. INSURANCE POLICY ENDORSEMENTS
1. The Commercial General Liability policy shall contain or be endorsed to contain the following:
The County, its officers, officials, employees, and volunteers are covered as additional insured’s on
the CGL policy with respect to liability arising out of work performed or operations performed on
behalf of Contractor including materials, parts, or equipment furnished in connection with such work
or operations.
For any claims related to this contract, the Contractor’s insurance coverage shall be primary
insurance as respects the County, its officers, employees and volunteers. Any insurance or self
insurance maintained by the County, its officers, employees and volunteers shall be excess of the
Contractor’s insurance and shall not contribute with it.
Professional Services Contract - GT$25K Initial Publication Current as of 12/6/2012 Butte County General Services Page 3 of 23
The insurance afforded by this policy shall not be cancelled except after thirty days prior written notice
by certified mall return receipt has been given to the County. (Note: We recommend contractor’s
insurance carrier insert the language above into ISO form 20 10 11 85; or if that form is not available,
later additions editions of ISO forms CG 20 10 and CG 20 37. We will also accept a Blanket
Additional Insured Endorsement, as long as it provides coverage equal to coverages noted in Section
A1 above and all items listed in Section B above.)
2. Workers’ Compensation Insurance.
The Contractor’s Workers’ Compensation Insurance policy shall contain or be endorsed to contain a
waiver of subrogation in favor of the County, for all work performed by Contractor, its employees,
agents and subcontractors.
C. OTHER INSURANCE PROVISIONS
1. Primary Coverage - For any claims related to this contract, Contractor’s insurance shall be
primary insurance as respects the County, its officers, employees and volunteers. Any insurance or
self insurance maintained by the County, its officers, employees and volunteers shall be excess of the
Consultant’s insurance and shall not contribute with it. However, Contractor’s insurance may
contribute with other additional insureds providing primary insurance coverage for the same
“occurrence”, offense, claim or suit.
2. Notice of Cancellation - Each insurance policy required above shall not be canceled, except after
thirty (30) days’ prior written notice (10 days for non-payment) has been given to the County.
3. Waiver of Subrogation - Contractor hereby grants to County a waiver of any right to subrogation
that an insurer of said Contractor may acquire against the County, by virtue of 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 received
a waiver or endorsement from the insurer.
4. Deductibles and Self Insured Retentions - Any deductibles or self insured retentions must be
declared and approved by the County. The County may require the Contractor to provide proof of
ability to pay losses and related investigations, claims administration, and defense costs within the
retention.
5. Acceptability of Insurance Carriers - 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 County. (A.M. Best Ratings can
be accessed over the internet for no cost at www.ambest.com).
6. Claims Made Policies
If any of the required policies provide coverage on a claims-made basis then the following
requirements must be met:
a.) The Retroactive Date of the policy must be shown and must be before the contract or
beginning of contract work.
b) Insurance must be maintained and evidence of insurance must be provided for at least five
(5) years after completion of the contract work.
c) If coverage is canceled or non-renewed, and not replaced with another claims-made policy
form with a Retroactive Date prior to the contract effective date, the Consultant must purchase
“extended reporting” coverage for a minimum of five (5) years after the completion of contract
work.
Professional Services Contract - GT$25K Initial Publication Current as of 12/6/2012 Butte County General Services Page 4 of 23
7. Verification of Coverage - Contractor shall furnish the County with: a) an original certificates of
insurance, b) all amendatory endorsements or copies of applicable policy language effecting
coverage required by Attachment I, c) a declarations page listing the title of all endorsements to the
CGL policy; and d) a completed and signed “Insurance Agent Check List” attached hereto as
Attachments 1A and 1B. All certificates, endorsements, CGL declaration page and Insurance Agent
Checklist are to be received and approved by the County before the Contactor begins work under this
contract. The County reserves the right to require complete, certified copies of all required insurance
policies, including endorsements required by these specifications, at any time.
8. Subcontractors - Contractor will require and verify that all subcontractors maintain insurance
meeting all the requirements stated herein or cover subcontractors under their insurance policies.
Upon request, Contractor shall provide County proof that all subcontractors are covered by their own
insurance or the Contractor’s insurance policies.
9. Special Risk or Circumstances - County reserves the right to modify these requirements,
including limits, based on the nature of the risk, prior experience, insurer, coverage or special
circumstances.
Professional Services Contract - GT$25K Initial Publication Current as of 12/6/2012 Butte County General Services Page 5 of 23
Attachment II
Scope of Work
Unless indicated otherwise herein, the CONTRACTOR shall furnish all labor, materials, transportation,
supervision and management and pay all taxes required to complete the project described below:
At August 1, 2013 prior to the end of the contract term an assessment may be made of the value of the
professional services herein delineated and thus far received. At the conclusion of the assessment, it
may be determined that the CONTRACTOR owes certain fulfillment and/or deliverables for which the
remaining payments may be withheld up to 20% of the contract. The assessment may determine that
there is additional work to be amended to this scope of work. In the event of an amendment, the
CONTRACTOR shall be notified and the amendment submitted and duly authorized in accordance with
COUNTY Policy and Procedure. Otherwise, pertaining to this contract’s scope of work it is the
CONTRACTOR’s responsibility to remain within the term and amount of the contract. If the terms and/or
conditions of this contract including the amounts, rates, time and/or duration are exceeded in any way
without fully executed amendment, the CONTRACTOR may not be reimbursed.
The remainder of this page is intentionally left blank.
Professional Services Contract - GT$25K Initial Publication Current as of 12/6/2012 Butte County General Services Page 6 of 23
CLIMATE ACTION PLAN – SCOPE OF WORK
Task
No.
Task Name/Description Deliverables County
Responsibility
Timeline
1 CLIMATE ACTION PLAN ORGANIZATION AND FORMAT
Contractor shall develop an outline and format a document template for the County Climate
Action Plan (CAP).
Draft outline
Up to three graphic
layout concepts
Provide
comment/
feedback on the
outline and
graphic style
1/31/13
2 ESTABLISH DETAILED INVENTORY OF CURRENT GREENHOUSE GAS (GHG) EMISSIONS
Contractor shall review the baseline inventories of (1) emissions associated with local government operations, and (2) emissions associated with all
activities taking place within the community.
2A Review Existing Inventory and Prepare Forecasts
Contractor shall review the 2006, 2020 and 2030 community-wide emissions inventories.
Contractor shall verify and document accuracy and completeness of emissions allocations per
source type. Contractor shall prepare business-as-usual forecasts that reflect recent and
anticipated annexations and local benefits of statewide GHG reduction programs and regulations.
Contractor’s subcontractor – Ascent shall prepare a comprehensive emissions inventory for the
agriculture and forestry sector including quantification of emissions. This scope may be altered to
be consistent with current California Air Resources Board (CARB) supported research associated
with the quantification of agricultural-related emissions. Ascent shall develop a methodology to
estimate GHG emissions generated by heavy-duty equipment and logging trucks in the forestry
sector and prepare future year projections for agriculture and forestry sectors using trends in the
distribution of crop types and overall amounts of agricultural land, in consultation with County
(Agricultural Commissioner).
Contractor’s subcontractor – Fehr & Peers shall provide origin-destination Vehicle Miles Traveled
(VMT) estimates and forecasts by speed bin for a single base year (2006) and two horizon years
(2020, 2030) using the Butte County travel demand model. VMT estimates shall be tabulated for
up to five districts, including unincorporated Butte County, and cities of Biggs, Chico, Gridley and
Oroville.
Memo summarizing
VMT estimates and
forecasts.
Memo summarizing
peer review findings
Provide data files
and source
information for
the existing
inventories.
2/28/13
2B Inventory Local Government Actions (Optional) – Contingency Budget
Contractor shall review the Sustainability Report provided to the Board of Supervisors concerning
county operations. Contractor shall complete a baseline inventory of local government actions for
2006 and shall forecast municipal emissions for 2020 and 2030.
Memo summarizing
municipal inventory
and forecast results.
Complete data
collection forms,
provide
information for
2006 municipal
operations
2/28/13
Professional Services Contract - GT$25K Initial Publication Current as of 12/6/2012 Butte County General Services Page 7 of 23
Task
No.
Task Name/Description Deliverables County
Responsibility
Timeline
2C Recommend Emissions Reduction Targets
Contractor shall recommend feasibly GHG reduction targets that correspond to the emissions
profiles identified in the inventory and forecasts. The targets shall reflect guidance from the
General Plan, ARB, the Butte County Air Quality Management District, the AB 32 Guidelines and
Scoping Plan, and CEA Guidelines Section 15183.5 and be aligned with transportation sector
targets identified in the regional Sustainable Communities Strategy.
Emission reduction
target memo
Work with
Contractor to
consider target
options
2/28/13
3 IDENTIFY AND EVALUATE EMISSIONS REDUCTION MEASURES
Contractor shall develop tailored emissions reduction and climate adaptation/resilience measures for the unincorporated county and for County operations.
Contractor shall identify timelines, potential costs and financing mechanisms for each measure. Measures shall be designed to be implemented within the
context of available financial and staff resources.
3A Develop Emissions Reduction Measures
Contractor shall analyze the County’s General Plan policies and programs that reduce GHG
emissions. Contractor shall identify additional feasible reduction measures for both community-
wide and municipal activities addressing energy efficiency, renewable energy, land
use/transportation, solid waste, agriculture and community engagement and outreach.
Contractor’s subcontractor - Ascent shall develop measures for the agricultural and forestry
sector, including measures addressing off-road equipment, irrigation pumps, fertilizer
volatilization, lime and urea application, pesticide application, residue burning, rice field
decomposition, and manure management, and enteric fermentation associated with livestock.
Contractor’s subcontractor – Fehr & Peers shall provide input on the effectiveness of GHG
reduction strategies involving transportation systems management (TSM) and transportation
demand management (TDM) related to vehicle trip reduction. Fehr and Peers input may include
participation in meetings, research or quantitative evaluation.
Preliminary reduction
measure matrix
Review/confirm
selection of
preliminary
reduction
measures.
3/31/13
3B Evaluate Emissions Reduction Measures
Following County’s review of the preliminary reduction measures, Contractor shall quantify the
metric ton emissions reduction anticipated for reduction measures. Plan-level cost estimates shall
be expressed using the relative implementation cost (low, medium, high) to the County based on
research, public reports, comparable climate action plans or local estimates. Contractor shall
identify secondary benefits that may accrue to each reduction measure.
Quantified reduction
measure matrix
Review/confirm
evaluation of
recommended
reduction
measures
4/30/13
3C Prioritize Measures and Develop Implementation Timeline
Contractor shall work with County to prioritize measures and develop an implementation timeline
which allows the County to meet long-term emissions targets. Contractor shall develop action
steps for each measure identifying performance metrics, responsible parties, and timeframes.
Prioritized measures
matrix with action
steps
Review/comment 6/30/13
Professional Services Contract - GT$25K Initial Publication Current as of 12/6/2012 Butte County General Services Page 8 of 23
Task
No.
Task Name/Description Deliverables County
Responsibility
Timeline
3D Develop Climate Change Resilience Strategies
Contractor shall develop measures and actions to help County address impacts of climate change.
These measures and actions shall be incorporated as a subsection of the CAP. Analysis of risk and
vulnerability and development of strategies shall generally follow the outline presented in OPR’s
Climate Change Adaptation Policy Guide, subject to task budget limitations.
Preliminary and a
revised matrix of
resilience measures
and actions
Review/comment
on resilience
measures and
actions
4/30/13
3E Develop Monitoring and Reporting Program
Contractor shall develop a monitoring and reporting tool for County to use to monitor the annual
progress toward achievement of the GHG reduction target. This tool shall identify major
implementation milestones, the staff person assigned to report on the measures, progress and
completion. Each proposed action shall include a description, intended start date, expected
benefits and expected cost.
Draft Microsoft
Excel-based
monitoring tool
Draft Microsoft
Excel-based
monitoring tool
Review/comment
on draft
monitoring tool
9/30/13
11/30/13
3F Report to County to Present Findings
Contractor shall summarize the results of analyses and information completed in Task 3 in a report
to County.
Report summarizing
Task 3 work products
4/30/13
3G Trip Reduction Visualization Tool (Optional) – Contingency Budget
Contractor’s subcontractor – Fehr and Peers shall prepare a visual quick –response tool for
presenting travel and associated GHG reductions associated with various trip reduction strategies
for use during public outreach meetings to provide participants with a real-time understanding of
how policy choices will affect GHG emissions. Strategies may include changes in land use
allocation, TSM and TDM measures, and varying inputs related to transit service levels, and
facilities to support increased pedestrian and bicycle travel.
Draft and Final
visualization tool
Review and
comment on
visualization tool
4 ENVIRONMENTAL REVIEW (EIR (ENVIRONMENTAL IMPACT REPORT) ADDENDUM)
Contractor shall prepare an addendum to the Butte County General Plan Final EIR as the California Environmental Quality Act (CEQA) compliance
mechanism for the CAP.
4A Confirm CEQA Approach and Scope
Upon completion of the prioritized CAP mitigation and resilience measures matrices, Contractor
shall confirm that the approach to prepare an EIR Addendum for the proposed CAP is appropriate,
or shall recommend preparation of a Supplemental Environmental Impact Report (SEIR).
Brief memo
confirming scope of
the EIR Addendum or
SEIR
Review memo and
confirm approach
to CEQA analysis
4/30/13
Professional Services Contract - GT$25K Initial Publication Current as of 12/6/2012 Butte County General Services Page 9 of 23
Task
No.
Task Name/Description Deliverables County
Responsibilities
Timeline
4B Prepare Administrative Draft EIR Addendum
Contractor shall prepare an Addendum to the Butte County General Plan 2030 Final EIR (General
Plan EIR). The EIR Addendum shall consist of the following chapters and will include graphics and
appendices as necessary.
Introduction. The introduction shall summarize the proposed CAP and the relationship of the
CAP to the General Plan and previous environmental analysis provided in the General Plan EIR.
This section shall summarize why an addendum is the appropriate environmental review
document, including citations to the State CEQA Guidelines and case law supporting the use of
addendums.
Project Description. The Project Description shall provide a concise summary of the CAP, including
emissions inventories, reduction targets, reduction measures, and associated actions. The Project
Description shall also identify GHG significance thresholds based on the CAP and anticipated
review process on how this Addendum (in combination with the General Plan EIR) shall be used to
streamline subsequent environmental review as provided under State CEQA Guidelines sections
15168, 15183, 15183.5, streamlining provisions under Senate Bills 375 and 226.
Environmental Analysis. The Environmental Analysis chapter shall be organized by environmental
issue area addressed in the General Plan EIR and associated CEQA findings. The analysis for each
environmental issue area shall summarize the impact conclusions previously identified (including
mitigation measures adopted as part of the General Plan approval) and evaluate how impacts
associated with the adoption and implementation of the CAP are either: a) “adequately
addressed” or b) “not peculiar to the project or the parcel”. The evaluation shall be supported by
substantial evidence cited in the Addendum.
Contractor’s subcontractor – Ascent shall provide analysis and discussion of GHG emissions, air
quality, and noise impacts.
Administrative Draft
EIR Addendum
Review/comment
on Administrative
Draft EIR
Addendum
6/30/13
4C Prepare Public Draft EIR Addendum
Upon receipt of County comments on the Administrative Draft Addendum, Contractor shall revise
the document and prepare a revised Administrative Draft Addendum using revision marks for final
County review. Upon receipt of final County comments, Contractor shall finalize the Public Draft
Addendum.
Public Draft EIR
Addendum
Publish and
distribute Draft
EIR Addendum
06/30/13
Professional Services Contract - GT$25K Initial Publication Current as of 12/6/2012 Butte County General Services Page 10 of 23
Task
No.
Task Name/Description Deliverables County
Responsibilities
Timeline
4D Prepare Response to Comments and Final EIR Addendum
After completion of the Draft CAP and Draft Addendum, Contractor shall respond to comments
received on the Addendum. If required, Contractor shall prepare a memorandum responding to
comments received on the Public Draft Addendum. An administrative draft of the technical
memorandum and Final Addendum shall be provided to County for review and comment.
Contractor shall revise the documents and provide them using revision marks for final County
approval. Upon final acceptance of the County, Contractor shall prepare the Final Addendum.
Comment/response
memo
Administrative Final
EIR Addendum
Review/comment
on response
memo
Admin Final EIR
Addendum
Publish and
distribute Final EIR
Addendum.
09/30/13
4E Prepare a Supplemental EIR (optional task) – Contingency Budget
Should Contractor and County determine an SEIR is required, Contractor shall refine the
environmental review tasks as appropriate. The SEIR shall be completed within the same time
frame established for the Addendum, but shall require a supplemental work effort as identified in
the project budget. Additional tasks include completion of a Notice of Preparation (NOP) and a
scoping meeting, consideration of project alternatives, consideration of cumulative and growth-
inducing impacts, a 45-day public review period, and preparation of a Mitigation Monitoring and
Reporting Program (MMRP), CEQA Findings and a Statement of Overriding Considerations (SOC) (if
required).
NOP
Scoping Meeting
Admin Draft SEIR
Draft SEIR
Admin Final SEIR
Final SEIR
MMRP
Findings/SOC
Review/comment
on administrative
draft work
products
Publish and
distribute public
review draft and
final work
products
Same
time
frame as
for EIR
Addend-
um
5 COMMUNITY ENGAGEMENT
Contractor’s approach is to engage the community to prepare a CAP that is publicly supported and economically feasible. A key component is to identify
and work with local stakeholders to help define the scope and style of the CAP.
5A Targeted Stakeholder Events
Contractor shall review the County’s list of identified stakeholders and advise the County regarding
additional stakeholders. Contractor shall work with County to conduct up to three targeted
stakeholder outreach events of the course of the project. Contractor shall meet with County to
determine the desired techniques to engage smaller groups of stakeholders, and focus group
interviews.
Up to three targeted
stakeholder events
Identify key
stakeholder
events
Attend
stakeholder
events to assist
Contractor
2/1/13-
3/31/13
Professional Services Contract - GT$25K Initial Publication Current as of 12/6/2012 Butte County General Services Page 11 of 23
Task
No.
Task Name/Description Deliverables County
Responsibilities
Timeline
5B Project Promotions and Information
Contractor shall provide one press release introducing the project and advertising community open
houses. Contractor shall provide a project fact sheet to distribute during presentations to
community groups. The fact sheet shall summarize the GHG inventory and forecasts, existing
accomplishments, and future issues and opportunities.
Press release
Fact sheet
Review draft
content
Distribute Press
release and
materials
4/30/13
5C Community Open Houses
Contractor shall coordinate with County to host up to two public open houses for County residents
and businesses. Contractor shall prepare a written approach that outlines the agenda, roles of
participants and materials needed to conduct the open house. Contractor shall provide up to six
large format posters and comment cards for each open house. Contractor shall summarize
meeting results in electronic format no later than two weeks after each workshop.
Up to two
community open
houses
Large format posters
Meeting results
Identify open
house locations
Provide public
notice
Attend open
houses to assist
Contractor
4/30/13
8/31/13
6 DEVELOP ADMINISTRATIVE AND PUBLIC REVIEW DRAFT CLIMATE ACTION PLANS
Contractor shall prepare a CAP that is user-friendly and focused on implementation.
6A Prepare Administrative Draft Cap
Contractor shall prepare an Administrative Draft CAP using simple language, color, graphics and
other features that make the document easy to read and accessible. The document shall convey
reduction measures along with associated costs, benefits, implementation strategies, and
forecasted reductions, incorporating a minimal amount of background information.
Administrative Draft
CAP
Review and
provide
consolidated
comments on
Administrative
Draft CAP
6/30/13
6B Prepare Public Review CAP
Contractor shall meet with County to review comments on the Administrative Draft CAP.
Contractor shall revise the Administrative Draft CAP to produce a Public Review Draft CAP.
Public Review Draft
CAP
Circulate Public
Review Draft CAP
in tandem with
CEQA
documentation
developed in Task
4
7/31/13
Professional Services Contract - GT$25K Initial Publication Current as of 12/6/2012 Butte County General Services Page 12 of 23
Task
No.
Task Name/Description Deliverables County
Responsibilities
Timeline
7 DEVELOP FINAL CLIMATE ACTION PLAN
This task includes preparation of the Draft Final CAP for consideration by the Board of Supervisors
and a Final CAP incorporating Board direction and comments.
7A Prepare Final Draft CAP
Contractor shall meet with County to identify changes to the Public Review Draft CAP and
incorporate these changes to produce a Final Draft CAP for consideration by the Board of
Supervisors.
Meeting with County
Final Draft CAP
Prepare
consolidated
comments on the
Public Review
Draft CAP
10/31/13
7B Prepare Final CAP
Contractor shall incorporate Board of Supervisor comments and direction on the Final Draft CAP to
produce a Final CAP.
Final CAP Acceptance of
Final CAP work
product
11/30/13
8 MEETINGS AND PROJECT MANAGEMENT
Contractor shall promote proactive communication and manage the project to a successful
conclusion on time and on budget.
8A Kickoff Meeting with County
Contractor shall coordinate with County to plan and participate in an initial project kickoff meeting
to confirm project objectives, expectations, work program milestones, and schedules.
Contractor’s project
director and project
manager shall attend
the kickoff meeting
Contractor’s
subcontractors: Fehr
& Peers and Ascent
shall participate by
teleconference
Contractor shall
provide an agenda
and data collection
questionnaires in
support of the GHG
inventory and CAP
Contractor shall
provide a meeting
summary following
the meeting
Setup meeting,
confirm
attendance
Provide initial
background data
12/31/13
Professional Services Contract - GT$25K Initial Publication Current as of 12/6/2012 Butte County General Services Page 13 of 23
Task
No.
Task Name/Description Deliverables County
Responsibilities
Timeline
8B Additional Meetings with County
Contractor shall attend two (2) additional coordination meetings with County beyond the kickoff
meeting, and in addition to meetings identified in other tasks within this scope of work. The
meetings shall be used to discuss proposed emission reduction and climate resiliency measures
and evaluate selection criteria, and to plan for communitywide open houses.
Two additional
meetings with
County
Set up meeting
and confirm
attendance
2/28/13
5/31/13
8C Community Open Houses
See Task 5C for description of communitywide open houses 04/30/13
08/31/13
8D Planning Commission Meeting – Draft CAP
Contractor shall prepare a PowerPoint presentation and provide staff support for presentation of
the Public Review Draft CAP and EIR Addendum to the County Planning Commission at a public
hearing.
Contractor’s subcontractors shall be available to attend on a time-and-materials basis.
Contractor’s charges for meetings shall be adjusted down as appropriate when less than the
maximum number of Contractor personnel, “a project manager and up to two Contractor staff”
attend the hearings.
Contractor’s project
manager shall
present documents
and up to two
Contractor staff shall
attend the hearing
PowerPoint
presentation
Review
PowerPoint
presentation
Prepare staff
report
9/30/13
8E Board of Supervisors Meeting – Final Draft CAP
Contractor shall prepare a PowerPoint presentation and provide staff support for presentation of
the Final Draft CAP and EIR Addendum to the County Board of Supervisors at a public hearing.
Contractor’s subcontractors shall be available to attend on a time-and-materials basis.
Contractor’s charges for meetings shall be adjusted down as appropriate when less than the
maximum number of Contractor personnel, “a project manager and up to two Contractor staff”
attend the hearings.
Contractor’s project
manager shall
present documents
and up to two
Contractor staff shall
attend the hearing
PowerPoint
presentation
Review
PowerPoint
presentation
Prepare staff
report
11/30/13
8F Project Management
Contractor shall provide project management and administrative services to track project progress,
maintain schedule and budget, and respond to requests for information. Contractor’s project
manager shall facilitate progress status conference calls every two weeks with County’s project
manager. Other Contractor staff, and subcontractor staff shall attend as necessary.
Biweekly (every two
weeks) conference
calls
Participate in
conference calls
Biweekly
Professional Services Contract - GT$25K Initial Publication Current as of 12/6/2012 Butte County General Services Page 14 of 23
Transfer of Funds
Contractor shall be authorized to transfer funds between subtasks under the same task, without prior County authorization. To move funds between tasks,
requires written pre-authorization from County. To request a transfer between tasks Contractor shall submit a written request which addresses the need for the
transfer, and the impact on the task(s) where funds are to be taken from. Contractor shall not perform work dependent upon the transfer of funds between
tasks until Contractor receives the County’s written authorization. No transfers utilizing funds from tasks or subtasks identified as “contingency” are permitted to
fund other non-contingency tasks or subtasks.
Invoicing
Contractor shall submit monthly invoices which identify charges per each subtask, the total per task, and the budget balance remaining per task. Any transfers
between subtasks shall be identified. Detail shall be provided as to classification of positions, hourly rates and time charged with the associated costs. Expenses
shall be itemized and copies of receipts and subcontractor invoices for services/expenses shall be submitted with invoices.
Electronic Deliverables
All documents delivered electronically shall be Microsoft Office Suite compatible. County shall accept delivery via CDs, email (if size permits), and/or file transfer
protocol (FTP).
Contractor’s Subcontractors
Contractor is responsible for any and all obligations delegated to their subcontractors; such obligations are the obligations of the Contractor exclusively.
Scope of Work
The scope of work in this agreement is derived from the proposal submitted by Contractor. Should questions arise regarding the work scope, County and
Contractor shall refer to the proposal submitted by Contractor (PMC County of Butte Climate Action Plan Proposal), which although not attached as a part of this
agreement, is included by this reference to be a source document for reference as to the methodology, intent, and stated outcomes/deliverables.
Contingency Funds
Scope of Work tasks and subtasks identified as budgeted as “Contingency Funds” shall be only utilized at the discretion of County (2B, 3G, 4E and N/A). Use of
these funds shall require written pre-approval from County. Contingency funds shall be authorized to fund work necessary to accomplish the development of a
Climate Action Plan should work be needed as listed in the Scope of Work for “optional – Contingency budget” tasks, and/or for County requested additional
Community Open Houses, Planning Commission or Board of Supervisor meetings. Funding for additional meetings and/or other tasks determined by County to
be required to develop a County-approved Climate Action Plan, including those unforeseen but determined necessary by County shall be funded from the
Contingency Funds and not require a formal amendment to this agreement unless the maximum amount of the agreement would be exceeded.
Professional Services Contract - GT$25K Initial Publication Current as of 12/6/2012 Butte County General Services Page 15 of 23
PMC Climate Action Plan Budget
Tasks Project
Directo
r
Project
Manag
er
Communit
y
Engageme
nt Lead
Senior
Env
Planner
Senior
GHG
Analyst
Communi
ty
Engagem
ent
Specialist
Associa
te
Planner
Env
Planner
Assista
nt
Planner
GIS,
Graphic
s, Tech
Editor
Admin TOTAL
PMC
HOURS
TOTAL
PMC
LABOR
PMC
Direct
Costs $
Fehr &
Peers $
Ascent $ TOTAL
BUDGET
$
160.00
$
150.00
$
140.00
$
130.00
$
110.00
$
110.00
$
95.00
$
95.00
$
85.00
$
95.00
$
65.00
1 Climate Action Plan Organization and Format 2 2 4 1 9 $
935
$
935
2 Establish Detailed Inventory of Current GHG Emissions 2 14 8 14 40 2 80 $
8,220
$
9,686
$
11,655
$
29,561
2A. Review Existing Inventory and Prepare Forecasts 1 10 8 10 40 1 70 $
6,985
$
9,686
$
11,655
$
28,326
2C. Recommend Emissions Reduction Targets 1 4 4 1 10 $
1,235
$
1,235
3 Identify and Evaluate Emission Reduction Measures 8 50 0 0 14 0 98 0 112 10 2 294 $
30,230
$
2,894
$
4,305
$
37,429
3A. Develop Emissions Reduction Measures 1 8 10 20 1 40 $
4,105
$
2,894
$
4,305
$
11,304
3B. Evaluate Emissions Reduction Measures 2 8 10 12 46 2 80 $
7,860
$
7,860
3C. Prioritize Measures & Develop Implementation Timeline 2 6 12 20 $
2,360
$
2,360
3D. Develop Climate Change Resilience Strategies 1 12 40 4 3 60 $
6,385
$
6,385
3E. Develop Monitoring and Reporting Program 2 8 4 20 40 4 2 80 $
7,770
$
7,770
3F. Report to County to Present Findings 8 4 2 14 $
1,750
$
1,750
4 Environmental Review (EIR Addendum) 2 18 0 40 0 0 0 100 0 16 24 200 $
20,800
$
500
$
2,856
$
24,156
4A. Confirm CEQA Approach and Scope 4 6 10 $
1,380
$
1,380
4B. Prepare Administrative Draft EIR Addendum 8 20 60 8 12 108 $
11,040
$
2,856
$
13,896
4C. Prepare Public Draft EIR Addendum 1 4 7 20 4 6 42 $
4,340
$
500
$
4,840
4D. Prepare Response to Comments and Final EIR Addendum 1 2 7 20 4 6 40 $
4,040
$
4,040
5 Community Engagement 2 26 28 0 0 64 0 0 0 28 2 150 $
17,970
$
2,750
$
20,720
5A. Targeted Stakeholder Events (up to 3) 16 16 32 4 1 69 $
8,605
$
500
$
9,105
5B. Project Promotions and Information 2 2 8 8 1 21 $
2,285
$
250
$
2,535
5C. Community Open Houses (2) 2 8 10 24 16 60 $
7,080
$
2,000
$
9,080
6 Develop Administrative and Public Review Draft Caps 6 24 0 0 0 0 68 0 60 10 12 180 $
17,850
$
1,000
$
18,850
Professional Services Contract - GT$25K Initial Publication Current as of 12/6/2012 Butte County General Services Page 16 of 23
6A. Prepare Administrative Draft CAP 4 16 44 40 6 8 118 $
11,710
$
500
$
12,210
6B. Prepare Public Review Draft CAP 2 8 24 20 4 4 62 $
6,140
$
500
$
6,640
7 Develop Final Climate Action Plan 4 6 0 0 0 0 24 0 18 6 12 70 $
6,700
$
6,700
7A. Prepare Final Draft CAP 2 4 16 12 4 8 46 $
4,360
$
4,360
7B. Prepare Final CAP 2 2 8 6 2 4 24 $
2,340
$
2,340
8 Meetings and Project Management 16 72 12 0 0 0 30 0 0 0 0 130 $
17,890
$
750
$
18,640
8A. Kickoff Meeting with County Staff 4 4 8 $
1,240
$
1,240
8B. Additional Meetings with County Staff (2) 12 6 6 24 $
3,210
$
3,210
8C. Community Open Houses (2) Included in Task 5C Above 0 $
-
8D. Planning Commission Meeting-Draft CAP 2 8 8 18 $
2,280
$
250
$
2,530
8E. Board of Supervisors Meetings-Final Draft CAP 2 8 8 18 $
2,280
$
250
$
2,530
8F. Project Management 8 40 6 8 62 $
8,880
$
250
$
9,130
TOTAL Required Tasks 40 212 40 40 22 64 236 100 230 76 53
1,113
$
120,595
$
5,000
$
12,580
$ 18,816 $
156,991
Contingency Budget for Optional Tasks
2B. Inventory Local Government Actions 1 50 12 63 5,550 $5,550
3G. Trip Reduction Visualization Tool 4 4 8 980 $15,750 $16,730
4E. Prepare a Supplemental EIR 8 24 55 8 10 125 18 24 272 29,005 $1,000 $30,005
NA. Additional Community Open Houses, Planning Commission, To be funded utilizing existing funds from Contingency budget.
Board of Supervisor Meetings at County's Request
9 28 0 55 8 0 14 125 50 30 24 343 $
35,535
$
1,000
$
15,750
$
-
$
52,285
TOTAL INCLUDING OPTIONAL TASKS 49 240 40 95 30 64 250 225 280 106 77
1,456
$
156,130
$
6,000
$
28,330
$
18,816
$
209,276
The actual time spent/charges against tasks may not meet, or may exceed task budgets in the performance of the contracted scope of work. Contractor shall request in writing, pre-authorization to move funds between tasks (not subtasks within same task - not
applicable for Contingency funded tasks/subtasks). Such request shall also include documentation of Contractor's ability/plan to complete all tasks impacted by such transfers. County's written approval of each request is required prior to providing work that
will cause a task buget to be exceeded.
Professional Services Contract
Professional Services Contract - GT$25K Initial Publication Current as of 12/6/2012 Butte County General Services Page 17 of 23
Attachment III
TERMS AND CONDITIONS
1. Scope of Work. The work to be undertaken is identified in the attached “Attachment II – Scope of
Work” which is made a part of this Contract.
2. Reimbursement. The work shall be performed for the Fixed price, Annual price, Monthly price or
Hourly rate as indicated above in the variable information table, but shall not exceed the Not-to-
Exceed Price if included in the variable information table. Reasonable expenses if authorized and
specified in addition to the Hourly Rate if both the Hourly Rate block and the block authorizing
Reasonable Expenses are checked in the variable information table. Payment shall be made after
the Project Manager or designee reviews and approves the work and after submittal of an invoice by
the CONTRACTOR. Expenses and or materials if stipulated shall be paid only upon prior approval
and with receipts and only after review and authorization by the Project Manager.
3. County Project Manager. The COUNTY Project Manager or designee for this undertaking who will
receive payment invoices and answer questions related to the coordination of this undertaking is
identified above in the variable information table.
4. Independent Contractor. CONTRACTOR is an independent contractor, working under his/her own
supervision and direction and is not a representative or employee of COUNTY nor is the
CONTRACTOR a partner or in any way directly affiliated with the COUNTY. CONTRACTOR agrees
to file tax returns, report compensation and pay all applicable taxes on amounts paid pursuant to this
Contract.
5. Ownership. CONTRACTOR by execution of this contract acknowledges that this is a Work for Hire
agreement and hereby grants ownership of all work performed by the CONTRACTOR under this
agreement to the COUNTY. The COUNTY shall retain the exclusive right of ownership to the work,
products, inventions and confidential information produced in performance of this contract for the
COUNTY by the CONTRACTOR.
6. Confidentiality. The CONTRACTOR shall comply as follows and in accordance with the required
performance of this contract:
a. All applications, records, data or any information concerning any individual made or kept by
any public office, officer or department obtained by the CONTRACTOR in the performance of
duties or as a consequence of performing said duties, shall be the confidential property of the
COUNTY and shall not be communicated, transmitted, reproduced or in any other way
conveyed to any person not directly a party to this contract, its terms and conditions in
accordance with all applicable laws and regulations including but not limited to the Health
Insurance Portability and Accountability Act of 1996 (HIPAA) and any implications thereof
including destruction of records or data as appropriate under compliance criteria.
b. No person will publish or disclose or permit or cause to be published or disclosed any data,
facts, figures, list of persons or any other form of information obtained by the CONTRACTOR
in the performance of duties or as a consequence of performing said duties. No person shall
publish, disclose, or use or permit, or cause to be published, disclosed or used any
confidential information pertaining to any individual or group of individuals obtained by the
CONTRACTOR in the performance of duties or as a consequence of performing said duties.
c. CONTRACTOR agrees to inform all employees, agents, associates and partners on the
above provisions and that any person knowingly and intentionally violating the provisions of
this clause is guilty of a misdemeanor. CONTRACTOR shall bear equal responsibility for any
violation of the provisions of this paragraph.
d. CONTRACTOR agrees and understands that if confidential information concerning any
Professional Services Contract - GT$25K Initial Publication Current as of 12/6/2012 Butte County General Services Page 18 of 23
individual made or kept by any public office, officer or department is obtained by the
CONTRACTOR and included on any memory device that may be housed in a computer, or
other device (such as a “PDA”) may become subject to Federal HIPAA requirements and/or
any state or local regulations that apply which could result in surrender of the hard drive,
sanitization or the destruction thereof in accordance with Department of Defense (DoD)
5220.22-M standard and/or industry standards current to time of the release of the equipment
which ever represents the greatest level of (permanent) information destruction. At the very
least, at the end of this contract, CONTRACTOR may be required to stipulate to the fact that
no such files exist.
7. Termination. This Contract may be terminated by either the COUNTY or CONTRACTOR by a thirty
day written notice. Authorized costs incurred by the CONTRACTOR will be reimbursed up to the date
of termination. Notwithstanding anything stated to the contrary herein, this Contract shall expire on
the Completion Date indicated in the above Variable Information Table unless the Completion Date is
modified by written amendment to this Contract.
8. Indemnification. CONTRACTOR agrees to accept responsibility for loss or damage to any person
or entity, and to defend, indemnify, hold harmless and release the COUNTY, its officers, agents and
employees from and against any and all actions, claims, damages, disabilities or expenses that may
be asserted by any person or entity, including CONTRACTOR, to the extent arising out of or in
connection with the negligent acts or omissions or willful misconduct in the performance by
CONTRACTOR hereunder, whether or not there is concurrent negligence on the part of the
COUNTY, but excluding liability due to the active negligence or willful misconduct of the COUNTY.
This indemnification obligation is not limited in any way by any limitation on the amount or type of
damages or compensation payable to or for CONTRACTOR or its agents under worker’s
compensation acts, disability benefit acts, or other employee benefits acts. CONTRACTOR shall be
liable to COUNTY for any loss of or damage to COUNTY property arising out of or in connection with
CONTRACTOR’s negligence or willful misconduct.
9. Right to Monitor/Audit and Associated Liability. It being understood by the parties hereto that the
COUNTY’s funding source herein may be COUNTY, State and/or Federal appropriation, and
therefore CONTRACTOR is responsible for administering the program as described herein,
CONTRACTOR agrees to accept responsibility for receiving, replying to and/or complying with an any
audit of this project which may be deemed appropriate or required in compliance with COUNTY, State
or Federal mandates and to reimburse the COUNTY for any liability upon the COUNTY for any
discrepancy resultant from said audit exceptions or for any liability that result from a breach of
contract, misrepresentation or inaccuracy.
10. Record Retention and Availability. CONTRACTOR shall maintain and preserve all records related
to this agreement in its possession (or will assure the maintenance of such records in the possession
of any third party performing work related to this agreement) for a minimum period of three (3) years
from the effective date of this agreement, or until all State and/or Federal audits are complete,
whichever is later. Upon request, CONTRACTOR shall make available copies of these records to
COUNTY, State or Federal Governments’ personnel, including but not limited to the State Auditor
General. In the event that this contract is related to a FEMA grant record retention shall be three
years from the date of the Grant Close-out letter.
11. Insurance Requirements. CONTRACTOR shall procure and maintain for the duration of this
Contract, insurance against claims for injuries to persons or damages to property which may arise
from, or be in connection with the performance of the Work hereunder by CONTRACTOR,
CONTRACTOR’s agents, representatives, employees and subcontractors. At the very least,
CONTRACTOR shall maintain the insurance coverage, limits of coverage, and other insurance
requirements as described in Attachment I to this Contract.
12. Changes to the Contract. Changes to this Contract may only be approved by written amendment to
this Contract. No alteration or variation of any term or condition of this agreement shall be valid
unless made in writing, signed by the parties hereto in accordance with COUNTY Policies and
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Procedures. No oral understanding or agreement not incorporated as a duly authorized written
amendment shall be binding on any of the parties hereto.
13. Representations and Warranties. CONTRACTOR by execution represents the skill, knowledge,
proficiency and expertise to perform as herein stipulated and warrants that the credentials presented
herein Attachment VI are authentic, current and duly granted.
14. Contractor’s Standard of Care. COUNTY has relied upon the professional ability, experience, and
credentials presented and represented by the CONTRACTOR as a material inducement to enter into
this Contract. CONTRACTOR hereby warrants that all of CONTRACTOR’s work will be performed in
accordance with generally accepted and applicable professional practices and standards as well as
the requirements of applicable Federal, State and local laws, it being understood that acceptance of
CONTRACTOR’s work by COUNTY shall not operate as a waiver or release. Where applicable, the
CONTRACTOR shall maintain the appropriate certification(s), license(s) or accreditation(s) through
the life of this contract, as submitted and stipulated herein Attachment VI and make them available for
audit upon request by the COUNTY.
15. Termination for Exceeding Maximum Level of Expenditures. Contracts exceeding the monetary
limits delegated to the Purchasing Agent, or authorized deputies, are not valid unless duly executed
by the Chair of the Board of Supervisors. If this Contract was executed for the COUNTY of Butte by
the Purchasing Agent, or authorized deputy, this Contract shall automatically terminate on the date
that the provision of services or personal property or incurring of expenses, the cumulative total of
which, exceeds the amount prescribed by Government Code Section 25502.5 for personal services
contracts or the amount prescribed by Public Contract Code Section 22032 (b) for public works
contracts.
16. Termination for Exceeding Maximum Term. Contracts exceeding the three year term delegated to
the Purchasing Agent, or authorized deputies, are not valid unless duly executed by the Chair of the
Board of Supervisors. If this Contract was executed for the COUNTY of Butte by the Purchasing
Agent, or authorized deputy, this Contract shall automatically terminate on the date that the term
exceeds three years. Amendments to this Contract, or new Contracts for essentially the same
purpose, shall not be valid beyond the three year limitation unless duly executed by the Chair of the
Board of Supervisors.
17. Compliance with Laws. CONTRACTOR shall comply with all Federal, State and local laws, rules
and regulations including, without limitation, and not limited to any nondiscrimination laws.
Specifically, the CONTRACTOR by executing this agreement stipulates and certifies that as an
individual or as an entity, complies in good faith as well as all actions the following regulatory
requirements at least but not limited to:
a. Non-discrimination with regard to minority, women, and disabled veteran-owned business
enterprises; hiring practices on the basis of race, color or national origin, gender,
handicaps or age.
b. Environmental protection legislation and in particular regarding clean air and water,
endangered species, handling or toxic substances and the public right to know.
c. Drug Free workplace, Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act and Public Health Service Act
d. National Labor Relations Board Public Contract Code 10296.
e. Domestic Partners – Public Contract Code 10295.3.
f. ADA 1990 42 USC 12101 et seq.
18. Applicable Law and Forum. This Contract shall be construed and interpreted according to
California law and any action to enforce the terms of this Contract for the breach thereof shall be
brought and tried in the Superior Court of the County of Butte.
19. Contractor Performance and the Breach Thereof. The COUNTY may terminate this agreement
and is relieved of the payment of any consideration to CONTRACTOR should CONTRACTOR fail to
perform the covenants herein contained at the time and in the manner herein provided.
CONTRACTOR shall be notified in a timely manner of default and provided 30 days in which to
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remedy the default. If at the end of the 30 days, if remedy is not made or does not satisfy the default,
the COUNTY shall notify the CONTRACTOR of the breach and thereby the termination of this
contract. In the event of such termination, the COUNTY may proceed with the work in any manner
deemed proper by the COUNTY. The cost to the COUNTY shall be deducted from any sum due the
CONTRACTOR under this agreement and the balance, if any, shall be retained by the COUNTY.
20. Contradictions in Terms and Conditions. In the event of any contradictions in the terms and/or
conditions of this Contract, these Attachment III TERMS AND CONDITIONS shall prevail.
21. No Delegation Or Assignment. Provider shall not delegate, transfer or assign its duties or rights
under this Agreement, either in whole or in part, directly or indirectly, by acquisition, asset sale,
merger, change of control, operation of law or otherwise, without the prior written consent of
COUNTY and any prohibited delegation or assignment shall render the contract in breach. Upon
consent to any delegation, transfer or assignment, the parties will enter into an amendment to reflect
the transfer and successor to CONTRACTOR. COUNTY will not be obligated to make payment
under the Agreement until such time that the amendment is entered into.
22. Conflict of Interest. CONTRACTOR and CONTRACTOR’S employees shall have no interest, direct
or indirect, which will conflict in any manner or degree with the performance of services required
under this contract.
a. This contract is entered into by COUNTY upon the express representation that
CONTRACTOR has no other contracts in effect with COUNTY except as described on
Exhibit “A” hereto attached. Exhibit “A” is hereby made part of this contract by it reference
herewith and hereby subjugated to these General Terms and Conditions (Attachment III).
b. CONTRACTOR understands and will adhere to the COUNTY’s policy that no contracts shall
knowingly be issued to any current COUNTY employee or his/her immediate family or to any
former COUNTY employee or his/her immediate family until two years after separation from
employment, without notifying the Director of the Department of Human Resources in writing:
Brian Ring
3 County Center Drive
Oroville, CA 95966
c. CONTRACTOR stipulates by execution of this contract that they have no business or other
interest that provides any conflict with the interest of the County of Butte in the matters of this
agreement. CONTRACTOR recognizes that it is a breach of ethics to not disclose any
interest that may be a conflict to the COUNTY for the advise of County Counsel on the matter
prior to executing this contract.
23. Cannon of Ethics. CONTRACTOR by execution of this contract agrees to act in the best interest of
and on behalf of the County of Butte and its constituents in all matters, honest, fair, prudent and
diligent as dictated by reasonable standards of conduct for their profession.
24. Severability. The terms and conditions of this contract shall remain in force and effect as a whole
separate from and even if any part hereof the agreement is deemed to be invalidated.
25. No Implied Waiver. In the event that The COUNTY at any point ignores or allows the
CONTRACTOR to break an obligation under the agreement, it does not mean that COUNTY waives
its future rights to require the CONTRACTOR to fulfill those obligations.
26. Entirety of Agreement. This contract inclusive of all Attachments herein in stipulated and made part
of the contract constitutes the entire agreement between these parties.
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EXHIBIT “A”
Acknowledgement of OTHER COUNTY Contracts
List any and all contracts that you have with COUNTY agencies. If none, you must
stipulate “none.” This cannot be left blank or omitted from the contract.
None
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ATTACHMENT VI
PROFESSIONAL CREDENTIALS
The CONTRACTOR herein presents the required and essential credentials for
performance of this contract and warrants them to be authentic, current and duly
granted.
Professional Degrees and Certifications for PMC Team Staff for the Butte County
Climate Action Plan
Name Professional Degrees Certifications
PMC
Tammy L. Seale MSP, Urban and Regional
Planning, Florida State
University
BA, Environmental
Conservation, University of
Colorado
Jeffrey A. Henderson MUP, Urban Planning,
University of Washington
BA, Sociology, Whittier
College
American Institute of
Certified Planners
Scott Friend MEP, Environmental
Planning, Arizona State
University
BA, Political Science,
California State University,
Chico
American Institute of
Certified Planners
Seth A. Myers BA, Environmental Studies
and Planning, California
State University, Sonoma
International Society of
Arboriculture Certified
Arborist (WE-7501A)
Nora De Cuir MS, Community
Development, University of
California, Davis
BA, History, University of
California, Berkeley
Abby Monroe MS, Community
Development, University of
California, Davis
BS, Economics and
Marketing, University of
Illinois, Chicago
Leeanne M. Singleton BS, City and Regional
Planning, California
Polytechnic State
University, San Luis Obispo
LEED Accredited
Professional
Christopher A. Read MCRP, City and Regional
Planning, California
Polytechnic State
Professional Services Contract - GT$25K Initial Publication Current as of 12/6/2012 Butte County General Services Page 23 of 23
University, San Luis Obispo
MA, Sociology, University
of Kansas
BA, Sociology; BA,
Philosophy, University of
Nevada, Las Vegas
Xico Manarolla MPP, Environmental Policy,
University of Maryland
BA, English and
Philosophy, St. Mary’s
College
Louis G. Lillegard BS, Applied Art and Design,
California Polytechnic State
University, San Luis Obispo
Suzanne Wirth AA, Liberal Arts, Yuba
Community College
Ascent Environmental
Honey Walters MS, Atmospheric Science,
University of California,
Davis
BS, Environmental Science,
Indiana State University
J. Austin Kerr BA, Economics and
Sociology, Oberlin College
Heather Phillips MS, Atmospheric Science,
University of Michigan
BS, Atmospheric Science,
University of Michigan
Fehr & Peers Transportation Consultants
Ronald T. Milam BS, Environmental Policy
Analysis and Planning,
University of California,
Davis
American Institute of
Certified Planners
Transportation Professional
Certification Board,
Professional Transportation
Planner
David Robinson BS, Civil Engineering,
California State University,
Sacramento
Traffic Engineer, State of
California (TR 2201)
Kwasi Donkor BS, Civil Engineering,
Walla Walla College
Engineer-in-Training, State
of Washington