AMADOR COUNTY BOARD OF SUPERVISORS COUNTY ADMINISTRATION CENTER 810 Court Street Jackson, CA 95642 BOARD MEMBERS Theodore F. Novelli, District III Chairman John Plasse, District I Louis D. Boitano, District IV Richard M. Forster, District II Brian Oneto, District V Please Note: All Board of Supervisors meetings are tape-recorded. Anyone who wishes to address the Board must speak from the podium and should print their name on the Board Meeting Speaker list, which is located on the podium. The Clerk will collect the list at the end of the meeting. Public hearing items will commence no sooner than the times listed on the agenda. Closed Session agenda items may be heard before or after scheduled public hearings, dependent upon progression of the agenda. In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in this meeting, please contact the Clerk of the Board staff, at (209) 223-6470 or (209) 257-0619 (fax). Requests must be made as early as possible and at least one-full business day before the start of the meeting. Pursuant to Government Code 54957.5, all materials relating to an agenda item for an open session of a regular meeting of the Board of Supervisors which are provided to a majority or all of the members of the Board by Board members, staff or the public within 72 hours of but prior to the meeting will be available for public inspection, at and after the time of such distribution, in the office of the Clerk of the Board of Supervisors, 810 Court Street, Jackson, California 95642, Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., except for County holidays. Materials distributed to a majority or all of the members of the Board at the meeting will be available for public inspection at the public meeting if prepared by the members of the Board or County staff and after the public meeting if prepared by some other person. Availability of materials related to agenda items for public inspection does not include material s that are exempt from public disclosure under Government Code sections 6253.5, 6254, 6254.3, 6254.7, 6254.15, 6254.16, or 6254.22. REGULAR MEETING AGENDA DATE: Tuesday, June 30, 2009 TIME: 8:30 a.m. LOCATION: County Administration Center, 810 Court Street, Jackson, CA Pursuant to Government Code Section 54957.7, prior to convening into closed session, the Board will disclose in open session, during which time the public may be present, the item or items to be discussed in the closed session. In the closed session, the legislative body may consider only those matters covered in its statement. After closed session, the Board shall reconvene into open session prior to adjournment and shall make any disclosures required by Government Code Section 54957.1 of action taken in the closed session. Nothing in this section shall require or authorize a disclosure of information prohibited by state or federal law. If all matters are not completed, the Board will suspend closed session and open the public portion of the meeting at 9:00 a.m. Any remaining closed session matters will be heard at the conclusion of the public portion of the meeting. CLOSED SESSION may be called for labor negotiations (pursuant to Government Code §54957.6), personnel matters (pursuant to Government Code §54957), real estate negotiations/acquisitions (pursuant to Government Code §54956.8), and/or pending or potential litigation (pursuant to Government Code §54956.9). Following Closed Session the Board will announce any action taken in Open Session. 1. Conference with County Counsel - Existing Litigation [Government Code 54956.9(a)]: a. County of Amador v. Gale Norton, Secretary of the Interior; et al: In the United States Di strict Court, District of Columbia, Case No. 1:05CV00658 (RWR) b. County of Amador v. Department of the Interior, et al; United States District Court Eastern District of California, Case No. 2:07-CV-00527-LKK-EFB c. East Bay Municipal Utility District (EBMUD) v. County of Amador, Sacramento County Superior Court Case No. 07AS01497 d. Marcy Randolph v. County of Amador’ Weldon Wesley Lincoln, et al., Superior Court of California, County of Sacramento, Case No. 06ASO5479 2. Conference with County Counsel – Potential Litigation [Government Code 54956.9(b)]: a. Buena Vista Rancheria [Government Code 54956.9 (b)] 3. Conference with Property Negotiators: a. APN 044-480-001-000 (Gary Blanc) (Price and terms) County Negotiators: Terri Daly, County Administrative Officer and Jon Hopkins, General Services Administration D irector b. APN 044-010-116-000 (CALSTAR) (Price/Terms) County Negotiators: Terri Daly, County Administrative Officer and Jon Hopkins, General Services Administration D irector 4. Conference with Labor Negotiators: Pursuant to Government Code Section 54957.6. County Negotiator: Terri Daly, County Administrative Officer. Employee Organization: All Units 5. Confidential Minutes: Review and approval of the confidential minutes of June 16, 2009 and June 23, 2009. **9:00 A.M.** PLEDGE OF AL LEGIANCE AGENDA: Approval of agenda for this date; any and all off-agenda items must be approved by the Board (pursuant to §54954.2 of the Government Code.) PUBLIC MATTERS NOT ON THE AGENDA: Discussion items only, no action to be taken. Any person may address the Board at this time upon any subject within the jurisdiction of the Amador County Board of Supervisors; however, any matter that requires action may be referred to staff and/or Committee for a report and recommendation for possible action at a subsequent Board meeting. Please note - there is a five (5) minute limit per topic. CONSENT AGENDA: Items listed on the consent agenda (see attached) are considered routine and may be enacted by one motion. Any item may be removed for discussion and possible action, and made a part of the regular agenda at the request of a Board member(s). ADMINISTRATIVE / DEPARTMENTAL MATTERS 6.General Services Administration: Discussion and possible action relative to the extension of terms of lease for Carbondale property located at 855 King Station Road in Ione. 7.General Services Administration: Discussion and possible action relative to a request to approve Change Order No. 3 for Youngdahl Consulting Group, Inc. in the amount of $16,090.00 for Soil Vapor Survey at 810 Court Street in Jackson. 8.General Services Administration: Discussion and possible action relative to approval of an agreement with Cortright & Siebold and use of Public Work’s staff for design of grant funded airport projects. 9.Planning Department: Discussion and possible action relative to adoption of a resolution of intention to initiate proceedings to consider amending Title 19 (Zoning) to provide for the use of recreational vehicles for housing during times of economic hardship. 10.Human Resources: Discussion and possible action relative to approval of a Second Amendment to Consulting Services Agreement with Karl Knobelauch to provide professional assistance in the area of human resources, employee negotiations, and administrative issues. 11.Board of Supervisors: Informational updates by Board members regarding various recent meetings and reports of any critical developing issues discussed that Board members should be aware of. 12.Minutes: Review and approval of the minutes of the Board of Supervisors meeting of June 23, 2009 as presented or revised. MISCELLANEOUS MATTERS 13.Amador County Museum: Discussion and possible action relative to future operations of the Amador County Museum and the potential for operations of the museum by Amador County Historical Society. 14.2009 Energy Efficiency and Conservation Block Grant Program: Discussion and possible action relative to the subject Program which could generate funds to assist in the Amador Water Agency Gravity Supply Line project. ADJOURNMENT: Until Tuesday, July 7, 2009, at 8:30 a.m. Staff Contacts: Terri Daly, County Administrative OfficerJennifer Burns, Clerk of the BoardSheri Robinson, Deputy Board Clerk810 Court Street, Jackson, California 95642Telephone (209) 223-6470FAX# (209) 257-0619www.co.amador.ca.us (AGENDA)(06/30/09) AMADOR COUNTY BOARD OF SUPERVISORS C O N SENT AG EN D A June 30, 2009 NOTE: Items listed on the consent agenda are considered routine and may be enacted by one motion. Any item may be removed for discussion and possible action, and made a part of the regular agenda at the request of a Board member(s). 1. BUDGET MATTERS None 2. TAX MATTERS None 3. RESOLUTIONS A. Surveying Department: Approval of a resolution approving a Boundary Line Adjustment #2008-015 Application Extension for Frank Busi, Sr. and Mary Ann Busi, John J. Busi, Michelle Busi, Frank L. Busi, Jr., and Colette L. Busi, and Fank L. Busi and Mary Ann Busi, co-trustees of the Frank L. Busi and Mary Ann Busi Trust, UAD 6-6- 1991, and Jean McBride. B. Treasurer / Tax Collector: Approval of a resolution approving an increase in costs collected pursuant to Revenue and Taxation Code Section 2621 relative to costs c ollected for preparing delinquent tax records and giving notice of delinquency on the secured tax roll. 4. AGREEMENTS A. Assessor’s O ffice: Approval of Third Amendment to Mineral Appraiser Agreement with Harold W. Bertholf, Inc. for mineral appraisal representation for the Leask/Howard Properties, Unimin and ISP appeals. B. Assessor’s Office: Approval of Agreement for Services of Special Counsel with Kronick, Moskovitz, Tiedemann & Girard, A Law Corporation, for legal counsel for the Leask/Howard Properties, Unimin and ISP appeals. C. District Attorney: Approval of the Application for Victim/Witness Assistance Program Grant FY 2009-2010 and Operational Agreements. D. Behavioral Health Department: Approval of a Services Agreement with American Legion Ambulance for FY 2009-2010 relative to the transportation of persons as requested by Behavioral Health Department staff. E. Behavioral Health Department: Approval of a Services Agreement with Sharon Boyens dba Honeybear Preschool & Daycare for FY 2009-2010 relative to childcare services as requested by Amador County Behavioral Health Perinatal Substance Abuse Treatment Program. F. Behavioral Health Department: Approval of a Services Agreement with Amador- Tuolumne Community Action Agency (A-TCAA) for FY 2009-2010 to provide outreach and engagement services to three communities in Amador County as part of a new Full Service Partnership funded by the Mental Health Services A ct (MHSA). G.General Services Administration: Approval of Addendum to Memorandum of Understanding (MOU) with the Central California Appellate Program (CCAP) for court appointed counsel services relating to criminal defense appeals for Habeas Corpus cases. H.General Services Administration: Approval of Extension to Amended Contract for Public Defender Services with Richard A. Ciummo & Associates. I.Public Works Agency: Approval of a Road Maintenance Agreement with ARA Edwin Clays, LLC., relative to Condition No. 28e of the Smokey Laterite Mine Use Permit and the use of Old Stockton Road for mining operations. J.Public Works Agency: Approval of Third Amendment to Agreement with CEC ECO Solutions, Inc., for provision of household hazardous waste services. K.Risk Management: Approval of a Special Services Agreement with Liebert Cassidy Whitmore (LCW) for training workshops on employment relations subjects; telephone consultation service and Employment Relations Newsletter during FY 2009-2010. L.Social Services: Approval of First Amendment to Agreement for Services with Panoramic Software, Inc. to provide support and maintenance on an Integrated Case Management and Fiduciary Accounting System used by Amador County Conservator/Guardian staff from July 1, 2009 through June 30, 2012. 5.ORDINANCES None 6.MISCELLANEOUS APPOINTMENTS/RESIGNATIONS None A.Area 12 Agency on Aging: Approval of the appointment of Ms. Thelma Clancy to the subject Council as a Member-at-Large for a three year term. B.Commission on Aging: Approval of the appointment of Ms. Sarah Johnson to the subject Commission as a Member-at-Large for a three year term. 7.MISCELLANEOUS A.General Services Administration: Approval of Final Self-Evaluation and Facilities Transition Plan Proposal by Moore Iacofano Goltsman, Inc. (MIG), Berkeley, CA and authorize the purchasing Agent to issue a purchase order to MIG in the amount of $6,500.00, relative to Americans with Disabilities Act (ADA) Transition Plan. 8.REFERRALS A.Sera Fina Cellars (09-13): Appeal of Conditions of Approval No. 23 for Sera Fina Cellars Use Permit No. UP-08; 11-8. B.Espen, Scott (09-14): Request for assistance with permit fees associated with property located on Fiddletown Road. (06/30/09) 9. GENERAL CORRESPONDENCE A. Memorandum dated June 19, 2009 from State of California Fish and Game Commission relative to a continuation notice of proposed regulatory action relating to marine protected areas. B. Memorandum dated June 18, 2009 from State of California Fish and Game Commission relative to marking and inspections of live fish transportation vehicles and inspections of aquaculture facilities. C. Memorandum dated June 15, 2009 from State of California Fish and Game Commission relative to proposed regulatory action and the peregrine falcon. D. Memorandum dated June 11, 2009 from the United States Department of Agriculture relative to the El Dorado Irrigation District Land Exchange. E. Auditor’s check register dated June 18, 2009 in the amount of $10,339.67. F. Auditor’s check register dated June 19, 2009 in the amount of $340,355.16. (06/30/09) AGENDA TRANSMITTAL FORM Regular Agenda Consent Agenda To: Board of Supervisors Blue Slip Closed Session June 18,2009 Date: Meeti~gate Requested: Jon Hopkins, Director From: Phone Ext. _X_7_5_9____ Jun¢;2009· (Department Head -please type) Department Head Signature Agenda Title: Piscussion and possible action regarding extension ofterins oflease for Carbondale Property~ Summary: (Provide detailed sU!1lmary of the purpose of this item; attach additional page if necessary) See attached SUnntlary memorandum. Recommendation/Requested Action: iscussion and possible action regarding extension ofterms of lease for Carbondale Property. Fiscal Impacts (attach budget transfer form if appropriate) Staffing Impacts Budgeted. N/A Is a 4/5ths vote required? Contract Attached: Yes No N/A xxxx I Yes No xxxx -- Resolution Attached: Yes No N/A xxxx Committee Review? N/A xxxx Ordinance Attached Yes No N/A xxxx Name Comments: 6/18/09 letter from Jim Opie, OPQ Propane Committee Recommendation: and military personnel orders for Col. Debora K. Esque Chairman Counsel ____-;~~~~------------------------------ Auditor GSA Director CAO Risk Managementt1-~~____________________________ Distribution Instructions: (I t r-Departmental Only. the requesting Department is responsible or islribution outside County Departments) -Joe Lowe; Risk Management; County Counsel-Martha Shaver GENERAL SERVICES ADMINISTRATION **********~******************************************* MAIL: 12200-8AirportRoad.Jackson.CA 95642 LOCATION: 12200-8 Airport Road, Martell, CA PHONE: (209) 223-6759 FAX: (209) 223-0749 E-MAIL: jhopkins@co.amador.ca.us SUMMARY MEMORANDUM TO: Board of Supervisors FROM: Jon Hopkins Director ~~ DATE: June 18, 2009 RE: Extension of Lease for Carbondale Property OpO Propane is in the process of purchasing the County owned leased property at 855 King Station Road, lone in accordance with the attached Ground Lease with Option to Purchase. This is to request an extension of the purchase terms as the majority owner/operator, Colonel Debora K. Esque is out of the county on military service and is unable to complete the necessary steps to close escrow until her return. Therefore, Mr. Jim Opie, the co-owner, wishes to have the lease terms extended in order to accommodate the requirement. Recommendation: Discussion and possible action regarding extension of terms of lease for Carbondale property. JH/bnm Attachments cc: File OPQPROPANE 106 North Main Street lone, California 95640 POBox 177, lone Ca 95640 Phone: 209-274-2800 Fax: 209-274-6182 June 18, 2009 Amador County Board of Supervisors 810 Court Street Jackson Ca 95685 OPQ Propane currently is leasing from the county the property at 300 King's Station, lone Ca. OPQ Propane exercised its right to purchase that property per the lease agreement. The sale instructions (per the lease agreement) required a 30 day escrow. While the owners of OPQ Propane fully intend to complete the purchase of this property a situation has occurred that will make the completion of the sale under those conditions difficult, if not impossible to comply with. The majority owner of the company (Debora Esque) is also a member of the military and has been called up for service in Korea through July of this year. We would appreCiate it if an extension for the completion of the sale to mid August were granted. pie -Owner PQ Propane Cell 209-770-1418 AROWS-R 0-16196 2566609 2009/05127 ESQUE, DEBORA KlCOU569-94-9909/0PORFC3N MILITARY PERSONNEL APPROPRIATION Continuation of AF Form 938, Block 19. Remarks (AFMAN 36-8001): a. PAY AND ALWWANCE ESP CODE: N/A. b. TRAVELER USES INDIVIDUALLY BILLED ACCOUNT (IBA). c. AUTIi: TITLE 10 USC 12301 (D) (MAlCOM TASKING) PER EXEClITIVE ORDER S99!I9M."MANDAYS (ALL OTHERS)" AND AFI 36-2619. ADDmONAL DISTRIBUTION: IF MPA TOUR EXCEEDS 139 DAYS, :i;END 1 COPY TO HQ USAFIDPLFR. MEMBER. WAS NOTIFIED ON 20090520. d. REPORT TO MPFIDPMUO PRIOR TO DEPARTURE. e. VERBAL ORDERS OF THE COMMANDER (VOCO) ON 20090526 ARE CONFIRMEIl. CIRCUMSTANCES PREVENTED WRITTEN ORDERS IN ADVANCE (AFI 65-103 PARA 1.2.14 AND 33-328 PARA 3.1) f. FOR THIS ORDER, MEMBER WILL DEPART FROM SONORA. CA AND RETURN TO SONORA. CA. g. MEMBERS DUTY STATUS IS 25. h. PERSTEMPO CODE. IS D, Mission Support • PERSTEMPO LOCATION IS ALASKA. i. PER AFI24·101. USE OF TMO/CTO TO ARRANGE OFFICIAL TRAVEL IS MANDA10RY 000 POLICY. j. RENTAL CAR IS NOT AUTIIORIZED AT 5 I MEDICAL GP FFC3NO (20090524 THRU 20090704) AND 3MDG(20090705 THRU 20090725). k. QUARTERS. AT 51 MEDICAL GP FFC3NO (20090524 THRU 20090704). ARE DIRECTED, IF AVAILABI.F." I. GOVT QUARTERS AND MESSING WILL NOT BE AVAILABLE AT 3MOO (20090705 THRU 20090725) (JFrR U4125 AND U4400). m. GOVT MEALS ARE NOT AVAILABLE OR DIRECTED AT 51 MEDICAL GP FFC3NO (20090524 THRU 20090704) AND 3MDG (20090705 THRU 20090725). n. ADVANCE BY FSO IS NOT AUTIlORIZED. TRAVELER HAS A GOVT CHARGE CAito AND PIN, WHICH WILL BE USED FOR ATM CASH ADVANCES FOR MEALS AND INCIDENTAL EXPENSES (M+IJ::) PLUS MISCELLANEOUS EXPENSES. O. IN ACCORDANCE WITH PUBLIC LAW 105-264. GTCC USE IS MANDATORY FOR ALL AUTHORIZED EXPENSES UNLESS OTHERWISE EXEMPTED UNDER THE SPECIFIC PROVISIONS DETAILED JJ>I PARAGRAPH 'E' OF THE TRAVEL TRANSPORTATION REFORM ACT (TTRA). p. CMAS AUTHORIZATION #: 1187860. q. SUBMIT ATRAVEL VOUCHER WITHIN 5 WORKDAYS AFTER COMPLETION OF TRAVEL. BY ORDER OF THE SECRETARY REQUEST AND AUTHORIZATION FOR ACTIVE DUTY TRAINING/ACTIVE DUTY T :IUR OF THE AIR FORCE ~ACYACTSTATEMENT AUTHORITY: 10 USC 8013; Executive Order 9397. PRINCIPAL PURPOSES: Used to request and authorize Air Force reservist tours of active duty as wei ;1'S acting as a temporalY duty travei order. SSN i8 used to make positiva identification ofmilitalY personnel. Becomes record copy oforders after authe Ilication; enables reservist to procure transportation, rece/va reimbursement for travel expell8e8 and be paid milnalY pay, as applicable. ROUTINE USES; A copy ofthe order may be provided to cMllan employers to substantiate activa du~ Inilitary requirements. DiSCLOSURE IS VOLUNTARY: However, without thlll information and SSN the AirForce cannot act 0 vour traval, per diem and pay entftlements • .. 1. NAME (Last, First, Mi) 2. GRADE /3. SSN 4. SECURITY CLEARANCE ESQUE. DEBORA K COL 569-94-9909 5. PRESENT STREET ADDRESS 6. CITY 7. STATE . 20450 SUNNYRIDGE LANE SONORA CA 95370-0000 9. UNIT OF ASSIGNMENT 110. LOCATION 111. PASCOOE 51 MEDICAL GP FFC3NO OSAN ABS. KOREA. SOUTH OPORFC3N 12. Mbr Is ordered to MILITARY PERSONNEL APPROPRIATlON for 61 • days plus auth M ti!·1e. (2TvIDays) TRACKING #: 2566609 13. WILL REPORT TO (Unit 8IId location) 14. REPORTING DATA 15. RELEASE DATE (YYYYMMDD) 51 MEDICAL GF FFC3NO. OSAN ABS. KOREA. SOUTH (Hour) (YVY'IMMDD) 3MDG,ANCHORAGE.AK 0730 20090526 20090725 16. CORPORATE LIMITS [] '. COMMUTING AREA I ] 18. BAS CODE N -19. REMARKS AUTH: AFMAN 38-8001 (FIle travel voucher and completed statement oftour ofduty wItfIln f I iOlfrdays aftertour comp/eIIon. Travel days will not exceed DOOPM authorized travel time. Perdlem is based on aveilabHlty ofgov't quarters and mess; contact IIie base bUleting offlce since goV't quarters must be used when available. Tum In all promotional items (gifts, bonus tlc/cals, etc.) to the AFO.) SEE NEXTPAGE FOR REMARKS. IJIm ON NRXT PAOI'. 20. TNG-CAT -IND 21. TOUR-IND 22. MEA CODE 23. MAN-DAY 10 OR 315 903150R025 24. TRAVEL . 125. PER DIEM 26.0THI. 27. TOTAL ESTIMATED COS.!::> $2.100.00 $9.523.00 $0.00 $11,623.00 28. PAY AND ALLOWANCE TRAVEL : o\NO pER DItiM 5793500 329 511 525725301l0R 979013018832X97412 :G5721 B840987724F667100 CIC:O -29. FUNDS CERTIFYING 30. APPROVING OFFICIAL (Typed name, grad.., DSN) 131. SIGNATUF II;: 1;32. DATE OFFICIAL COL BARBARA PETERSEN "ELECTROr-n ::ALLY APPROVED" 20090521 33· DEPARTMENT OF THE AIR FORCE (Enter designation and location TON: ~I:lR THE COMMANDER ofheadquarters.) -37. SIGNATURE ELEMENTCI HQAFRCIRMG :AUiHENTICATINGOFF'C~,\ 233 N HOUSTON RD. SHANNON P BARNES. SRA "ELECTRONICALLY APPJ: WARNER ROBINS AFB GA 31093 NED" I 't I ., 0 F Fie IA L JJ 34. RESERVE ORDER N0'1 35. DATE 136. DISTRIBUTION ~16196 20090527 ~ 'J 36. STATEMENT OF TOUR OF DUTY ......... ", LOCATION HOUR (mil) DAY MONTH LOCATION HOUR (mil) DAY MONTH MODE OF TRAVEL a. DEPART .-Jt.)U)iO.. 1y{4) l15 ep ItKilJ ARRIVE Il'.uJl JiIh!J(~1 ntw b. ~ Co d. (J u DEPART ARRIVE - 39. I certify that I have comJllled With the above order. The statements CERTIFICATION on this form are true and complete. Ifthis tour was extended under the 42. Member reported for duI)' it/IIJI{}U hours on P4'Nrn(fu~y wes rs/eased variable tour provisions, It was with my prior knowledge and consent. If from duty at hoursc a Federal Civil Service Employee, I certify that I have applied -43. CERTifYING OFFICIAL'S. :'RINTED NAME 44. DSN for appropriate leave. My Spouse (Circle One)....wwa. not In '~veDuty status during this tour. , (Circle One) dldlllltlRllt IICCUPY 'tquarters. 45. CERTIFYING OFFICIAL'S • ..IGNATURE 46. DATE .. " n .' , ' ~ucrF£t1wqLl0 I~O'/ - 47. TIMEKEEPER ST~~~N~certify receiving a copy of this order "for 48. TIMEKEEPER SIGNATUF 49. FMO INITIALS -civilian pay related revl and processing. . AF IMT 938, 20000401, V1 PREVIOUS EDITIONS ARE OBSOLETE BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY OF AMADOR, STATE OF CALIFORNIA IN THE MATTER OF: . RESOLUTION APPROVING LEASE AGREEMENT ) WITH 1S1 PROPANE OF AMADOR FOR PARCEL ) RESOLUTION NO. 99-164 LOCATED IN CARBONDALE INDUSTRIAL PARK ) BE IT RESOL VED by the Board of Supervisors of the County of Amador, State of California, that said Board does hereby approve the agreement by and between the County of Amador and 15t Propane ofAmador, on the terms and conditions contained therein as it relates to the lease ofa five (5) acre parcel in Carbondale Industrial Park; and BE IT FURTHER RESOLVED that the Chainnan ofsaid Board is hereby authorized to sign and execute said agreement on behalf ofthe County ofAmador. The foregoing resolution was duly passed and adopted by the Board ofSupervisors of the County ofAmador at a regular meeting thereof, held on the 20th day ofApril 1999, by the following vote: AYES: Louis D. Boitano, Mario Biagi, Edward T. Barnert, Rich F. Escamilla and Richard P. Vinson NOES: None ABSENT: None bPt?6~ l).. ~e' Chairman, Board ofSupervisors ATTEST: LISA M. BAKER-DALMAU, Clerk ofthe Board ofSupervisors, Amador County, California GROUND LEASE WITH OPTION TO PURCHASE This Ground Lease with Option to Purchase ("Lease") is made as of the date written below by and between the County of Amador, a political subdivision of the State of California ("Landlord"), whose address is c/o Trevor Mottishaw, GSA\Director, 12200 Airport Road, Jackson, CA 95642, and 1st Propane ofAmador, Inc., a California corporation ("Tenant"), whose address is 855 King Station Road, lone, California 95640, who agree as follows: 1. Recitals. This Lease is made with reference to the foOowing facts and objectives: 1. Landlord is the owner ofthe premises described in Exhibit 1, attached hereto and incorporated herein by this reference ("Premises"), which consist generally ofan unimproved five (S)-acre parcel in the County's Carbondale Industrial Park. 2. Tenant is willing to lease the Premises from Landlord, and, at Tenant's expense, to connect water, electric, and other utility services as required by Tenant to the Premises and to construct a propane storage tank plant on the Premises, pursuant to the provisions stated in this Lease. 3. Tenant wishes to lease the Premises for the purpose ofoperating a propane storage and sales business. 4. Tenant has examined the Premises and is fully informed of their condition, including the need to bring in and connect utility services to the Premises. 2. Lease ofPremises. Subject to the tenns and provisions ofthis Lease, Landlord leases to Tenant, and Tenant leases from Landlord the Premises as described in Exhibit 1 hereto. 3. firm. The term ofthis Lease shall commence o~IJ\t1R I .1999, and shall expire on MtU~ . option to purchaset11er ~, 2004, subject to two (2) options to extend the term, and an remises as provided hereinbelow. The first option to extend the term shall be for five (5) years, and shall be exercised by Tenant giving notice ofexercise ofthe option to extend the term not less than sixty (60) days prior to the expiration ofthe initial five (S)-year term. The second option to extend the term shall be for five (5) years, and shall be exercised by Tenant giving notice ofexercise ofthe option to extend the term not less than sixty (60) days prior to the expiration ofthe first five (5)-year extension ofthe initial term. 4. Rent. 1. Minimum Monthly Rent. Tenant shall pay to Landlord as minimum monthly rent, without deduction, setoff, prior notice, or demand, the sum ofFive Hundred DoOars ($500.00), which sum shall be annually adjusted as ofthe anniversary date of this lease as set forth below, per month in advance on the first day ofeach month, commencing on the date the term commences, and continuing during the term and any extensions thereof. Minimum monthly rent for the first month for the first month or portion ofit shall be paid on the day the term commences. Minimum monthly rent for any partial month shall be prorated at the rate of I130th ofthe minimum monthly rent per day. All rent shall be paid to Landlord at the address to which notices to Landlord are given. 2. Rent Increases. The minimum monthly rent shall increase at a rate of two percent (2%) each year, on the anniversary date ofthe lease during the first five (5) years ofthe term. In the event Tenant exercises either of the options to extend the term provided for below, the minimum monthly rent for the first year ofthe extended term shall be Six Hundred Dollars ($600.00), which shall increase at a rate ofthree percent (3%) on each successive anniversary date ofthe Lease commencement during the extended terin (including the second extension, ifexercised by Tenant). The minimum monthly rent for each month during the year in the term, including extensions (if exercised), shall be as follows: Year 1: $500.00 Year 6: $600.00 Year 11: $695.56 Year 2: $510.00 Year 7: $618.00 Year 12: $716.43 Year 3: $520.20 Year 8: $636.54 Year 13: $737.92 Year 4: $530.60 Year 9: $655.64 Year 14: $760.06 Year 5: $541.22 Year 10: $675.31 Year 15: $782.86 5. Personal Property Taxes. Tenant shall pay before delinquency all taxes, assessments, license fees, and other charges ('~axes") that are levied and assessed against Tenant's personal property installed or located on the Premises, and that become payable during the tenn. On demand by Landlord, Tenant shall furnish Landlord with satisfactory evidence ofthese payments. 6. Use ofPremises. Tenant shall use the premises for the purpose ofoperating a propane storage and sales business, and for no other use without Landlord's consent, which consent shall not be withheld unreasonably. Tenant shall comply with all laws concerning the Premises or Tenant's use of the Premises, including, without limitation, the obligation at Tenant's cost to construct improvements on, alter, maintain, and restore the Premises in compliance and conformity with all laws and ordinances relating to the condition, use, or occupancy ofthe Premises during the tenn. Tenant shall not use the Premises in any manner that will constitute waste ofthe Premises or any nuisance thereon. 7. Tenant's Construction Obligation. Tenant agrees to construct on the Premises, at Tenant's sole expense, within a reasonable time after commencement ofthis Lease, a facility for the storage and retail sale of propane gas, including, without limitation, the connection to all required utilities (water, electricity, and telephone) as needed by Tenant. Such construction shall be in full conformance with all required building, environmental, and other applicable laws and regulations, and shall be constructed from plans and specifications approved in advance by Landlord, which consent shall not be withheld unreasonably. 8. Maintenance and Repair ofImprovements. Tenant shall, at its sole expense, maintain all buildings, structures, and improvements on the Premises in good condition and repair. Landlord shall have no responsibility whatsoever to maintain the Premises. 9. Mechanics'Liens. In performing its construction ofimprovements on the Premises pursuant to paragraph 7 ofthis Lease, and with respect to any subsequent construction, alteration, or work of any kind upon the Premises, Tenant shall pay all costs for construction done by it or caused to be done by it on the Premises as required or permitted by this Lease. Tenant shall keep the Premises and every part thereoffree and clear ofall mechanics' liens resulting from construction done by or for Tenant. Tenant shall have the right to contest the correctness or validity of any such lien if, immediately on demand by Landlord, Tenant procures and records a lien release bond issued by a corporation authorized to issue surety bonds in California in an amount equal to one and one-half times the amount ofthe claim oflien. The bond shall meet the requirements ofCivil Code §3143·and shall provide for the payment of any sum that the claimant may recover on the claim (together with costs of suit, if it recovers in the action). 10. Utilities. Tenant shall be solely responsible for payment for all utilities provided to the Premises, including, but not limited to, electricity, natural gas, water, sewer (ifarid when available), telephone, and refuse removal. II. Indemnity and Insurance. 1. Exculpation of Landlord. Landlord shall not be liable to Tenant for any damage to Tenant or Tenant's property from any cause. Tenant waives all claims against Landlord for damage to person or property arising for any reason. 2. Indemnity. Tenant shall defend, indemnify, and hold Landlord harmless from all damages arising out of any damage to any person or property occurring in, on, or about the Premises, including, but not limited to, litigation costs defense costs and attorneys' fees, and not limited to taxable costs. 3. Insurance. Tenant shall at its cost obtain and maintain public liability and property damage insurance with a single combined liability limit of One Million Dollars ($1,000,000.00) and property damage limits of not less than Five Hundred Thousand Dollars ($500,000.00), insuring against all liability ofTenant and its authorized representatives arising out ofand in connection with Tenant's use or occupancy ofthe Premises. All public liability insurance and property damage insurance shall insure performance by Tenant of the indemnity provisions of paragraph 11.2 hereof. Both parties shall be named as additional insured, and the policy shall contain cross-liability endorsements. Not more frequently than each five (5) years during the term (including extensions), if, in the opinion of Landlord's insurance broker, the amount ofpublic liability and property damage insurance coverage at that time is not adequate, Tenant shall increase the insurance coverage as required by Landlord's insurance broker. C;IWINDOWSITEMP\AMAOORLEASE.DOC -3 4. Tenant's Fire Insurance. Tenant at its cost shall maintain on all its personal property, tenant improvements, and alterations, in, on, or about the Premises, a policy of standard fire and extended coverage insurance, to the extent ofat least 100% oftheir actual cash value. The proceeds from any such policy shall be used by Tenant for the replacement of personal property or the restoration oftenant unprovements or alterations. S. Waiver of Subrogation. The parties release each other, and their respective authoriZed representatives,'from any claims for damage to any person or to the Premises and any buildings, structures, and improvements thereon, and to the fixtures, personal property, tenant improvements, and alterations ofeither Landlord or Tenant in or oil the Premises that are caused by or result from risks insured against under any insurance policies carried by the parties and in force at the time ofany such damage. Each party shall cause each insurance policy obtained by it to provide that the insurance company waives all right ofrecovery by way of subrogation against either party in connection with any damage covered by any policy. Neither party shall be liable to the other for any damage caused by fire or any ofthe risks insured against under any insurance policy required by this Lease. Ifany insurance policy cannot be obtained with a waiver of subrogation, or is obtainable only by the payment ofan additional premium charge above that charged by insurance companies issuing policies without waiver of subrogation, the party undertaking to obtain the insurance shall notify the other party ofthis fact. The other party shall have a period ten (10) days after receiving the notice either to place the insurance with a company that is reasonably satisfactory to the other party and that will carry the insurance with a waiver ofsubrogation, or to agree to pay the additional premium ifsuch a policy is obtainable at additional cost. Ifthe insurance cannot be obtained or the party in whose favor a waiver of subrogation is desired refuses to pay the additional premium charged, the other party is relieved of the obligation to obtain a waiver of subrogation rights with respect to the particular insurance involved. 12. Destruction of Premises. If, during the te~ the buildings, structures, or other improvements on the Premises are totally or partially destroyed from any cause, rendering the Premises totally or parti8JIy inaccessible or unusabl~ Tenant shall, from the proceeds offire/casualty insurance, restore the damaged or destroyed buildings or structures to substantially the same condition as they were immediately before destruction, if the restoration can be made under the existing laws and can be completed within 90 days after the date ofthe destruction. Such destruction shall not terminate this Lease. Ifthe existing laws do not permit the restoration, either party can terminate this Lease immediately by giving notice to the other party. Ifthe cost of restoration exceeds the amount ofproceeds received from fire/casualty insurance, Tenant may elect, within IS days after determining that the restoration cost will exceed such insurance proceeds, to terminate this Lease by giving Landlord written notice ofsuch termination, provided that Tenant shall, from such insurance proceeds, clean up all debris and restore the surface of the Premises to the condition as it was prior to construction of improvements thereon by Tenant (with underground utilities and infrastructure installed or provided by Tenant to remain). In the event ofsuch termination by Tenant, any remaining insurance proceeds after such debris removal and surface restoration shall belong to C:IWINDOWSITEMPIAMADORLEASE.DOC -4 Tenant. In case ofdestruction there shall be an abatement or reduction ofrent between the date of destruction and the date ofcompletion of restoration, based on the extent to which the destruction interferes with Tenant's use ofthe Premises. Tenant waives the provisions ofCivil Code §1932(2) and Civil Code §1933(4) with respect to any destruction ofthe Premises. 13. Assignment. Tenant shall not voluntarily assign or encumber its interest in this Lease or in the Premises, or sublease all or any part ofthe Premises, or allow any other person or entity (except Tenant's authorized representatives) to occupy or use all or any part ofthe Premises, without first obtaining Landlord's consent. Any assignment, encumbrance, or sublease without Landlord's consent shall be voidable and, at Landlord's election, shall constitute a default. No consent to any assignment, encumbrance, or sublease shall constitute a further waiver of the provisions of this paragraph. Any dissolution, merger, consolidation, or other reorganization of Tenant as a corporation, or the sale or other transfer ofa controlling percentage ofthe capital stock ofTenant, or the sale of at least 51% of the value o( the assets of Tenant, shall be deemed a voluntary assignment. The phrase "controlling percentage" means the ownership at: and the right to vote, stock possessing at least 51% ofthe total combined voting power ofall classes ofTenant's capital stock issued, outstanding, and entitled to vote for the election ofdirectors. Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the Premises as permitted by this Lease, and Landlord, as assignee and as attorney-in-fact for Tenant, or a receiver for Tenant appointed on Landlord's application, may collect rent and apply it toward Tenant's obligations under this Lease; except that, until the occurrence ofan act ofdefault by Tenant, Tenant shall have the right to collect such rent. Notwithstanding the foregoing, Landlord and Tenant mutually acknowledge and agree that Tenant has made a Collateral Assignment of this Lease, with Landlord's consent, to rt Propane Franchising, Inc., a California corporation ("lit Propane''), under the terms ofwhich lit Propane has the right to assume this Lease upon default by Tenant of this Lease or the propane franchise agreement between lit Propane and Tenant, and to further assign Tenant's interest in this lease to a new franchisee, provided that lit Propane provides to Landlord financial and background information about the proposed assignee to Landlord, and that Landlord consents to the assignment, which consent shall not be withheld unreasonably. 14. Default by Tenant. The occurrence ofany ofthe following shall constitute a default by Tenant: 1. Failure to pay rent when due, ifthe failure continues for 5 days after notice has been given to Tenant. 2. Abandonment and vacation of the Premises (failure to occupy and operate the Premises for 90 consecutive days shall be deemed an abandonment and vacation). 3. Failure to perform any other provision ofthis Lease ifthe failure to perform is not cured within 30 days after notice has been given to Tenant. Ifthe default cannot reasonablybe cured within 30 days, Tenant shall not be in default ofthis Lease ifTenant commences to cure thedefault within the 30-day period and diligently and in good faith continues to and completes the cureofthe default. Notices given under this paragraph shall specify the alleged default and the applicable Leaseprovisions, and shall demand that Tenant perfonn the provisions ofthis Lease or pay the rent that isin arrears, as the case may be, within the applicable period of time, or quit the premises. No suchnotice shall be deemed a forfeiture or a termination of this Lease unless Landlord so elects in thenotice. Landlord shall have the following remedies ifTenant commits a default. These remedies arenot exclusive; they are cumulative in addition to any remedies now or later allowed by law. Landlord can continue this Lease in full force and effect, and the Lease will continue in effectas long as Landlord does not tenninate Tenant's right to possession, and Landlord shall have the right to collect rent when due. Subject to the rights of lit Propane under the Collateral Assignment ofthis Lease, during the period Tenant is in default, Landlord can enter the Premises and relet them, to third parties for Tenant's account. Tenant shall pay to Landlord the rent due under this Lease on the dates the rent is due, less the rent Landlord receives from any reletting. No act by Landlord allowed by this paragraph shall terminate this Lease unless Landlord notifies Tenant that Landlord elects to tenninate this Lease. Upon Tenant's default, Landlord can terminate Tenant's right to possession ofthe Premises at any time. No act by Landlord other than giving notice to Tenant shall terminate this Lease. Acts of maintenance or efforts to relet the Premises shall not constitute a termination ofTenant's right to possession. On termination, Landlord has the right to recover from Tenant: 1. The worth, at the time ofaward, ofthe unpaid rent that had been earned at the time oftermination ofthis Lease; 2. The worth, at the time ofaward, ofthe amount by which the unpaid rent that would have been earned after the date of termination of this Lease until the time of award exceeds the amount ofthe loss ofrent that Tenant proves could have been reasonably avoided; 3. The worth, at the time of award, of the amount by which the unpaid rent for the balance ofthe Lease tenn after the time ofaward exceeds the amount ofthe loss ofrent that Tenant proves could have been reasonably avoided; and 4. Any other amount, and court costs, necessary to compensate Landlord for all detriment proximately caused by Tenant's default. "The worth, at the time ofaward," as used in 1 and 2 ofthis paragraph, is to be computed by allowing interest at the maximum rate an individual is permitted by law to charge. ''The worth, at the time ofaward," as referred to in 3 ofthis paragraph, is to be computed by discounting the amount at the discount rate ofthe Federal Reserve Bank of San Francisco at the time of award, plus 1 %. IS. Late Charge. Ifany installment ofrent due from Tenant is not received by Landlord when due, Tenant shall pay to Landlord an additional sum of5% ofthe overdue rent as a late charge. 16. Landlord's Entry on Premises. Landlord and its authorized representatives shall have the right to enter the Premises at all reasonable times to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease .. 17. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other party or to any other person shall be in writing and either served personally or sent by prepaid, first-class mail. Any notice, demand, request, consent, approval, or communication that e~erparty desires or is required to give to the other party shall be addressed to the other party at the address set forth in the introductory paragraph of this Lease. Either party may change its address by notifYing the other party ofthe change ofaddress. 18. Waiver. No delay or omission in the exercise ofany right or remedy ofLandlord on any default by Tenant shall impair such a right or remedy or be construed as a waiver. The receipt and acceptance by landlord ofdelinquent rent shall not constitute a waiver ofany other default; it shall constitute only a waiver oftimely payment for the particular rent payment involved. No act or • conduct ofLandlord, including, without limitation, the acceptance ofkeys (ifany) to a building or structure on the Premises, shall constitute an acceptance ofthe surrender ofthe Premises by Tenant before expiration ofthe term.. Only a notice from Landlord to Tenant shall constitute acceptance of the surrender ofthe Premises and accomplish a tennination ofthis Lease. Landlord's consent to or approval ofany act by Tenant requiring Landlord's consent or approval shall not be deemed to waive . or render unnecessary Landlord's consent to or approval of any subsequent act by Tenant. Any waiver by Landlord ofany default must be in writing and shall not be waiver of any other doult concerning the same or any other provision ofthe Lease. 19. Option to Purchase. Landlord grants to Tenant the option to purchase the Premises in accordance with the provisions ofthis Lease, so long as Tenant is not in default at the time Tenant exercises the option. Tenant shall have the right to exercise the option to purchase at any time during the initial five (S)-year tenn, or in the first five (S)-year extension, but not thereafter. Tenant shall exercise the option by giving notice ("option notice") to Landlord within the option period as set forth above in this paragraph. 20. Option Purchase Price. The option purchase price shall be payable in cash in lawful money ofthe United States. During the first three year ofthe term ofthe Lease the option purchase price shall be One Hundred Thousand Donars ($100,000.00) for the five-acre parcel. On each anniversary date ofthe Lease thereafter (including the first five (S)-year extension, ifexercised, the option purchase price shall increase by three percent (3%), as shown on the table below: Year 1: $100,000.00 Year 2: $100,000.00 C;\WINOOWS\TEMP'IAMADORlEASE.DOC -7 Year 3: $100,000.00 Year 6: $109,727.00 Year 4: $103,000.00 Year 7: $112,550.88 Year 5: $106,090.00 Year 8: $115,927.40 Year 9: $119,405.22 Year 10: $122,987.37 21. Portion ofRent Credited to Option Price. Twenty percent (20%) ofeach rent payment made by Tenant shall be credited to the purchase price in the,event ofexercise by Tenant ofthe option to purchase the Premises. Ifthe option to purchase is not exercised, Landlord shall have no duty to credit or refund any portion ofthe rent collected. 22. Title to Premises. Through escrow in consummation of the purchase after exercise by Tenant of the option to purchase the Premises, Landlord shall deliver to Tenant an executed grant deed in recordable fonn conveying the Premises. Title to the Premises shall be conveyed by Landlord to Tenant free and clear ofall liens and en~brances, except for existing roads and rights of way (including, but not limited to, public utility easements) now of record, or existing at the time of exercise ofthe option. 23. Escrow. The sale shall be consummated through an escrow with a title company with an office in Amador County, California, acceptable to both Landlord and Tenant. Escrow shall be opened within five (5) days after the option notice is given by Tenant. The parties shall execute all documents required by the escrow holder as long as they are consistent with the option terms contained in this Lease. Escrow shall close within 30 days after the option notice has been given to Landlord. 24. Title Insurance. At the close ofescrow, escrow holder must be prepared to issue a CLTA Standard Coverage Policy ofTitle Insurance in the amount ofthe purchase price insuring title to the Premises vested in Tenant subject only to the matters set forth in paragraph 22 ofthis Lease. 25. Prorations. Rent and property taxes shall be prorated as of close of escrow. It is understood by Tenant that the real property tax-exempt status ofthe Premises while owned by the County ofAmador will terminate as ofthe date ofsale to Tenant, and that Tenant will be responsible for payment ofreal property taxes thereafter. 26. Closing Costs. Transfer taxes and recording fees on the deed shall be paid by Tenant. Escrow charges, other closing costs, and the cost of the title policy shall be paid equally by the parties. 27. Surrender ofPremises: Holding Over. On expiration or sooner tennination of the Lease term, Tenant shall surrender to Landlord the Premises and all ofTenant's improvements and alterations, except for personal property that may be readily removed from the Premises without damage (such as above-ground propane tanks and equipment) in good condition, ordinary wear and tear excepted. Tenant shall remove all its personal property within ten (10) days after expiration or sooner termination ofthe lease, and ifany remains on the Premises thereafter, Landlord may at its option retain or dispose ofany property so left on the Premises by Tenant. IfTenant, with Landlord's consent, remains in possession ofthe Premises after expiration or tennination ofthe term, or after the date in any notice given by Landlord to Tenant terminating this Lease, such possession by Tenant shall be deemed to be a month-to-month tenancy, tenninable on thirty (30) days' notice given at any time by either party. All provisions ofthis lease, except those pertaining to term, option to extend, and option to purchase the Premises, shall apply to the month-to-month tenancy. 28. Miscellaneous Provisions. Time is ofthe essence of every provision of this Lease. Whenever consent or approval ofeither party is required, that party shall not unreasonably withhold such consent or approval. This Lease shall be binding on and inure to the benefit ofthe parties and their respectiVe successors and assigns (without in any respect limiting the restrictions on assignment and subletting provided for above herein). This Lease shall be construed and interpreted in accordance with the laws ofthe State ofCalifornia. The unenforceability, invalidity, or illegality of any provision shall not render the other provisions unenforceable, invalid, or illegal. 29. Integration Clause. This Lease contains all the agreements ofthe parties concerning its subject matter, except the guaranty agreement between the principal owner ofshares in the Tenant corporation, and cannot be amended or modified except by a written agreement. . 30. Pennits. The lease shall be contingent upon the approval and issuance ofall Amador County permits. 31. Execution. IN WI~~?,WijliREOF, va the ,parties have executed this Lease in Amador County, California, as of~.J . 1999. LESSOR LESSEE The County ofAmador lit Propane ofAmador, Inc. By: ~r:~1J~~.~ Chairman, Board of SGPel'Visors Approved as to form: ATTEST: Lisa M. Baker-Dalmau, Clerk of the Amador County Board of Supervisors Parcel map. Exhibit 1 ' Descrlption of Premise~ . -!'O .... ' .. ~ , " = . AGENDA TRANSMITTAL FORM Regular Agenda Consent Agenda To: Board of Supervisors Blue Slip Closed Session June 18, 2009 Date: Meeting Date Requested: Jon Hopkins, Director From: Phone Ext. _X_7_59____ June 30, 2009 (Department Head -please type) Head Signature Agenda Title: Approye Young4ahl Consulting Group, Inc. Change Orc:ier No.3 for Soil Vapor Survey at 810 Court Street Summary: (Provide detailed summary of the purpose of this item; attach additional page if necessary) see attached memo. Order No.3 in the amount of $1 at 810 Court St. Staffing Impacts --~--------------------------------------N/A Contract Attached: Yes No N/A xxxx Yes No xxxx Resolution Attached: Yes No N/A xxxx Committee Review? N/A xxxx Ordinance Attached Yes No N/A xxxx Name Comments: Change Order #3 and copy of CRWQCB Committee Recommendation: letter attached. Request Reviewed by: /. Chairman £.:J ~ Counsel __~~__~--________________________________ Auditor CAO Risk M",n"",<>rT.Arrr --,1fj&'F-------------------------------Only, the requesting Department is responsible outside County Departments) GENERAL SERVICES ADMINISTRATION ****************************************************** MAIL: 12200-8AirportRoad.Jackson.CA 95642 LOCATION: 12200-8 Airport Road, Martell, CA PHONE: (209) 223-6759 FAX: (209) 223-0749 E-MAIL: jhopkins@co.amador.ca.us • MEMORANDUM TO: Board of Supervisors FROM: Jon Hopkins, GSA Director~~ DATE: June 18, 2009 RE: Old hospital UST closure In February, 2008, I sent the attached memo to the Board regarding old hospital UST closure. During the meeting we discussed the requirements the California Regional Water Quality Control Board (CVRWQCB) had placed on the County to close this site. Although I have objected to portions of the requirements, like the Dermal Risk Assessment, requirements by the State prevailed; and because the standards are a moving target, this has created challenges in getting a work plan approved. At the time, Youngdahl provided their second change order based upon past practices and methods used and approved by CVRWQCB with Environmental Health's concurrence. Unfortunately the work plan was rejected and a new plan was submitted to the State for review and approval. Although the changes were unexpected from the CVRWQCB, fortunately we were able to get an approved work plan from the State that allows us to potentially close the site dependent upon the findings. It is estimated that two more' rounds of testing may occur that is not part of this change order and is estimated in the amount of $2,500.00. If those tests are returned and results are similar to those taken in the past, the likelihood to close the site after the soil vapor survey is completed is very probable and could happen as soon as October or November. Although this has been a frustrating process Youngdahl and Mr. Bob Fourt have helped immensely and deserve credit for obtaining an approved work plan from the State. Recommendation: Approve Change Order NO.3 in the amount of $16,090.00 to conduct a Soil Vapor Survey as approved by the California Regional Water Quality Control Board (CVRWQCB) referenced in the attached May 29, 2009, letter. cc: Terri Daly, CAO File CRWQCB letterhead 29 May 2009 Mr. John Hopkins 12200 Airport Road Jackson, CA 95642 REVIEW OF REVISED SOIL VAPOR SURVEY WORK PLAN, FORMER AMADOR COUNTY HOSPITAL, JACKSON, AMADOR COUNTY CASE NO. 030076 I have reviewed Youngdahl Consulting Group, Inc.'s (Youngdahl) 6 May 2009 Revised Soil Vapor Survey Work Plan (Work Plan), as well as previous correspondence and reports. Based on the Work Plan, Youngdahl is proposing to conduct a soil vapor survey at the site in order to evaluate the potential human health risks posed by remaining contaminated soils. Based on my review, Youngdahl is proposing to install and sample seven (7) soil vapor sampling probes on the site utilizing a truck mounted hydraulic/hammer drive sampling drill rig. Soil vapor samples are to be collected from depths of 5, 10 and up to 20-feet below ground surface (bgs). All . work is to be in compliance with California Department of Toxic Substances Control's (DTSC's) "Guidance for the Evaluation and Mitigation of Subsurface Vapor Intrusion to Indoor Air" (February 2005-revised) or the jOint, Los Angeles Regional Board and DTSC "Active Soil Gas Investigations" guidance document (January 2003). Soil vapor samples are to be analyzed for TPH-g, TPH-d and BlEX by EPA Method 8015m and 8260. Youngdahl is proposing to collect one Summa canister duplicate vapor samples to be analyzed by an offsite laboratory using EPA Method TO-15 for confirmation of mobile laboratory results. Results will be utilized to perform a Tier 1 and a Tier 2 type human health risk screening. Additionally, Youngdahl will collect a soil sample for laboratory analysis for use in a dermal exposure risk assessment. Based on my review, I find the proposed work acceptable. Therefore, please see that the work is performed as soon as possible and that a report detailing the results is submitted by 15 August 2009. Should you have any questions, please call me at (916) 464-4708 or contact me via e-mail at gmeeks@waterboards.ca.gov . . Glenn T. Meeks Engineering Geologist USl Enforcement Unit" cc: Ms. Barbara Rempel, SWRCB, UST Cleanup Fund, Sacramento Mr. Robert Fourt, Amador County Environmental Health Department, Jackson Ms. Amy Kelley, Youngdahl Consulting Group, Inc., EI Dorado Hills Received stamp rf.i Recycled Paper Youngdahl Consulting Group letterhead Project No. E02561.001 18 May 2009 Central Valley Regional Water Quality Control Board 11020 Sun Center Drive, Suite 200 Rancho Cordova, California 95670 Attn: Mr. Glenn Meeks Subject: FORMER AMADOR COUNTY HOSPITAL LUSTIS #030076 . 810 Court Street, Jackson, Amador County, California No Further Action Required Update Addendum Letter v References: Attached as Section 17.0 Dear Mr. Meeks: Youngdahl Consulting Group, Inc. (YCG) has completed this No Further Action Required Update (NFARU) Addendum letter for the Former Amador County Hospital project site (subject property) located at 810 Court Street in Jackson, Amador County, California. This addendum letter was prepared upon the request of the Central Valley Regional Water Quality Control Board (CVRWQCB) during a telephone conversation on 27 April 2009. This NFARU Addendum letter includes an estimate of the original mass of contamination concentrations and a projection of linear regression for the site to be non-detect for Total Petroleum Hydrocarbons as diesel (TPHd). I ----------------------------------------------------------------------------------------------------------------- • On 12 January 2009, the CVRWQCB issued a letter (Reference 30) requesting that a soil vapor survey, risk assessment and dermal exposure assessment be conducted to fulfill CVRWQCB requirements for possible future site closure. The CVRWQCB additionally requested that a NFARU be prepared and submitted in conjunction with the soil vapor survey work plan; prior to the commencement of the soil vapor survey activities. On 6 March 2009, YCG submitted a Work Plan to the CVRWQCB (Reference 31) to perform a soil vapor survey at the subject property and that additional studies will follow if necessary. YCG indicated that a soil vapor survey will be conducted on the site within 90 days of receiving approval of the Work Plan by the CVRWQCB. A NFAFU was prepared and submitted with the workplan (Reference 32). On 2 April 2009, the CVRWQCB issued a letter (Reference 33) indicating that the soil gas survey workplan submitted by Youngdahl Consulting Group, Inc. on 6 March 2009 lacked sufficient information for review and approval. The letter specified that the work plan lacked details regarding sample collection, the collection of 10% duplicate samples for analysis by an outside laboratory, and that Human Health Risk Assessment and Dermal Exposure Risk Assessment screening methodologies needed to be included. The letter specified that a revised workplan was to be resubmitted by 15 May 2009. On 12 May 2009, YCG electronically submitted the revised workplan to the CVRWQCB. Following the revisions to the workplan, the CVRWCQB requested that the NFARU report include an estimate of the original mass of contamination concentrations and a projection of linear regression for the site to be non-detect for Total Petroleum Hydrocarbons as diesel (TPHd). ORIGINAL MASS AND VOLUME OF CONTAMINATION CONCENTRATIONS The excavation of the 18,OOO-gallon UST was completed in November 2004. In total, 235 gallons of rainwater and purge water and 647 -tons of soil were removed from the subject property. The contaminated soil and source of the contamination was over-excavated and removed from the site. ~Former Amador Hospital NFAR Update Addendum Project No. E02561.001 IIJI Page2 18 May 2009 Confirmation sampling of the subsurface soil at the base of the excavated pit determined that the constituents of concern had been effectively removed from the area. It is YCG's opinion that the contaminated mass was removed from the subject property. Calculations of the original mass and volume of contamination concentrations were conducted to evaluate the maximum likely amounts of TPHd and TPH as gasoline (TPHg) released, as indicated in the water and soil samples collected. The average concentrations of TPHd and TPHg were used to calculate the original mass of contamination. The total 647 excavated tons of soil were converted to kilograms (4,645 kg) and the total 235 removed gallons of rainwater and quarterly sampling purge water were converted to liters (890 L) for calculation purposes. TABLE 1 Original Mass of Contamination for Soil Remaining Average Soil Mass Original Mass of . Contamination Constituent Concentration (kg) Contamination (Kg) Concentrations (mg/kg) (mg/kg) TPHg 506 4,645 2.35 2.35 TPHd 11 4,645 0.051 <1.0 TABLE 2 0"rlgma1Mass 0 fContammatlon for Groundwater Remaining Average Original Mass of Water Contamination Constituent Concentration Contamination Volume (L) Concentrations (IJg/L) (Kg) (pg/L) TPHg 1165 890 0.00104 <50 TPHd ..159 890 0.000141 <50* Notes: <50* -after SIlica gel clean-up LINEAR REGRESSION ANALYSIS OF TOTAL PETROLEUM HYDROCARBONS AS DIESEL The only constituent consistently detected above the laboratory reporting limit has been TPHd. The concentrations of TPHd have fluctuated quarterly over the duration of sampling monitoring well MW-1. On 24 March 2009, YCG completed the 1 st quarter 2009 groundwater sampling for MW-1 (Reference 34). TPHd was detected at a concentration of 180 J.l9/L with a reporting limit of 50 J.l9/L. The sample was additionally analyzed for TPHd using the silica gel clean-up analysis. TPHd with silica gel cleanup was reported as non-detect in sample MW-1. According to KIFF Analytical, the detected concentration of TPHd did not exhibit typical diesel chromatographic patterns. The use of a silica gel cleanup strongly suggests that the detected hydrocarbons are naturally occurring organic material and are not related to a petroleum release. A linear regression statistical analysis was performed for TPHd using the silica gel clean-up analysis data to determine when TPHd concentrations, using silica gel clean-up analysis, will consistently be reported as non-detect for the site. According to the trend line produced by the linear regression analysis, TPHd concentrations, using silica gel clean-up, should consistently be reported as non-detect in approximately 4.3 years. The linear regression analysis assumed that all non-detects were % of the laboratory reporting limit of 50 J.l9/L. A copy of the linear regression statistical analysis report and chart are provided in Attachment A. ~FormerAmador Hospital NFAR Update Addendum Project No. E02561.001 I.JI Page3 18 May 2009 If you have questions regarding our findings or recommendations, please do not hesitate to contact us at (916) 933-0633. Very truly yours, Youngdahl Consulting Group, Inc. Reviewed by: Amy A. Kel y David C. Sederquist, C.E.G., C.HG. • Staff Environmental Scientist Senior Engineering GeologistlHydrog~'I!RiI~_"'" Attachment: Attachment A -Linear Regression Statistical ~eport and Chart Distribution: 2 Copies: Jon Hopkins, Amador County GSA 1 Copy: Robert Fourt, Amador County EHD 1 Copy: Glenn Meeks, Central Valley Regional Water Quality Control Board LIMITATIONS AND UNIFORMITY OF CONDITIONS 1. This report has been prepared for the exclusive use of the Amador County General Services Agency for specific application to the Former Amador County Hospital site. Youngdahl Consulting Group, Inc. has endeavored to comply with generally accepted environmental geology practice common to the local area. Youngdahl Consulting Group, Inc. makes no other warranty, express or implied. 2. As of the present date, the findings of this report are valid for the property studied. With the passage of time, changes in the conditions of a property can occur whether they are due to natural processes or to the works of man on this or adjacent properties. Legislation or the broadening of knowledge may result in changes in applicable standards. Changes outside of our control may cause this report to be invalid, wholly or partially. Therefore, this report should not be relied upon after a period of three years without our review nor should it be used or is it applicable for any properties other than those studied. Note that Youngdahl Consulting Group, Inc. is not responsible for any claims, damages, or liability associated with any other party's interpretation of this report's subsurface data or reuse of this report's subsurface data or environmental geologic analyses without the express written authorization of Youngdahl Consulting Group, Inc. 3. The analyses and recommendations contained in this report are based on limited windows into the subsurface conditions and data obtained from subsurface exploration. The methods used only directly indicate subsurface conditions at the specific locations where samples were obtained, only directly at the time they were obtained, and only directly to the depths penetrated. ~Former Amador Hospital NFAR Update Addendum Project No. E02561.001 I.JI Page4 18 May 2009 REFERENCES 1) Youngdahl Consulting Group, Inc., Phase I Environmental Site Assessment for the Sutter Amador Hospital, 810 Court Street, Jackson, California, 30 January 2003. 2) Youngdahl Consulting Group, Inc., Work Plan for Phase II UST Investigation, Amador \ County Hospital 810 Court Street, Jackson, Amador County, California, 18 December 2003. 3) Youngdahl Consulting Group, Inc., Report of Phase II UST Investigation, Amador County Hospital 810 Court Street, Jackson, Amador County, California, 10 February 2004. 4) California Regional Water Quality Control Board -Central Valley Region, Request for Information, Amador County Hospital, 810 Court Street, Jackson, Amador County, 8 April 2004. 5) Youngdahl Cqnsulting Group, Inc., Work Plan for additional Phase II UST Investigation, for RWQCB, Amador County Hospital 810 Court Street, Jackson, Amador County, California, 7 May 2004. 6) California Regional Water Quality Control Board -Central Valley Region, Work Plan Review, Amador County Hospital, 810 Court Street, Jackson, Amador County, 18 May 2004. 7) Youngdahl Consulting Group, Inc., Report of Additional Phase II Environmental Site • Assessment of Underground Storage Tank Site, Amador County Hospital 810 Court Street, Jackson, Amador County, California, 7 May 2004. 8) Youngdahl Consulting Group, Inc., Report of Additional Phase II Environmental Site I!! Assessment of Underground Storage Tank Site, Amador County Hospital 810 Court Street, Jackson, Amador County, California, 28 July 2004 (includes Sensitive Receptor Survey). 9) Youngdahl Consulting Group, Inc., Geotechnical Engineering Study for Amador County Administration Center, 810 Court Street, Jackson, California, 10 August 2004 (Project No. E02561.003). 10) Youngdahl Consulting Group, Inc., Letter Report of Over-Excavation of Former Underground Storage Tank Site, Amador County Hospital 810 Court Street, Jackson, Amador County, California, 9 December 2004. 11) Youngdahl Consulting Group, Inc., Report of Compaction Testing Services During Backfill Operations, Amador County Hospital 810 Court Street, Jackson, Amador County, California, 27 December 2004. 12) Youngdahl Consulting Group, Inc., Report of Compaction Testing Services During Earthwork Operations for Building Pad Construction and Initial Site Improvements for Amador County Administration Building, 810 Court Street, Jackson, Amador County, California, 25 May 2005 (Project No. E02561.4P). 13) Youngdahl Consulting Group, Inc., Request for Site Closure, Amador County Hospital 810 Court Street, Jackson, Amador County, California, 9 January 2006. ~~ Former Amador Hospital NFAR Update Addendum Project No. E02561.001 ~Page5 18 May 2009 14) CRWQCB-CVR, Review of No Further Action Required Request, Former Amador County Hospital, 810 Court Street, Jackson, Amador County, 23 March 2006. 15) Youngdahl Consulting Group, Inc., Work Plan to Define the Extent of Groundwater Pollution Beneath the Site, Former Amador County Hospital, 810 Court Street, Jackson, Amador County, 25 April 2006. 16) Youngdahl Consulting Group, Inc., Monitoring Well Installation Report, Former Amador County Hospital, 810 Court Street, Jackson, Amador County, 26 June 2006. 17) Youngdahl Consulting Group, Inc., Former Amador Hospital Third Quarter 2006 Monitoring-Letter Report, 810 Court Street, Jackson, Amador County, 17 November 2006. 18) Youngdahl Consulting Group, Inc., Former Amador County Hospital Fourth Quarter 2006 Monitoring-Letter Report, 810 Court Street, Jackson, Amador County, 10 January 2007. 19) Youngdahl Consulting Group, Inc., Former Amador County Hospital First Quarter 2007 Monitoring-Letter Report, 810 Court Street, Jackson, Amador County, 9 April 2007. 20) Youngdahl Consulting Group, Inc., Former Amador County Hospital Second Quarter 2007 Monitoring-Letter Report, 810 Court Street, Jackson, Amador County, 9 July 2007. 21) Youngdahl. Consulting Group, Inc., Former Amador County Hospital No Further Action Request Report, 810 Court Street, Jackson, Amador County, California, 28 August 2007. 22) Central Valley Regional Water Quality Control Board Review of No Further Action Request Report, Former Amador County Hospital, Jackson, Amador County Case 030076, 10 September 2007. 23) Youngdahl Consulting Group, Inc., Former Amador County Hospital Third Quarter 2007 Monitoring-Letter Report, 810 Court Street, Jackson, Amador County, 1 October 2008. 24) Youngdahl Consulting Group, Inc., Former Amador County Hospital Fourth Quarter 2007 Monitoring-Letter Report, 810 Court Street, Jackson, Amador County, 15 January 2008. 25) Youngdahl Consulting Group, Inc., Former Amador County Hospital First Quarter 2008 Monitoring-Letter Report, 810 Court Street, Jackson, Amador County, 11 April 2008. 26) Email from Glenn Meeks with the Central Valley Regional Water Quality Control Board, Reduction in Groundwater Analysis Suite for the Old County Hospital Site, 810 Court Street, Jackson, Amador County, Case 030076, dated 18 April 2008. 27) Youngdahl Consulting Group, Inc., Former Amador County Hospital Second Quarter 2008 Monitoring-Letter Report, 810 Court Street, Jackson, Amador County, 2 July 2008. 28) Youngdahl Consulting Group, Inc., Former Amador County Hospital Third Quarter 2008 Monitoring-Letter Report, 810 Court Street, Jackson, Amador County, 25 September 2008. 29) Youngdahl Consulting Group, Inc., Former Amador County Hospital Fourth Quarter 2008 Monitoring-Letter Report, 810 Court Street, Jackson, Amador County, 6 January 2009. ~FormerAmador Hospital NFAR Update Addendum Project No. E02561.001 aJI Page6 18 May 2009 30) Central Valley Regional Water Quality Control Board, Review of Fourth Quarter 2008 Monitoring Letter Report, Former Amador Hospital, Jackson, Amador County Case No. 30076, 12 January 2009. 31) Youngdahl Consulting Group, Inc., Former Amador Hospital, LUSTIS # 30076, Soil Vapor Survey Work Plan, 81 oCourt Street, Jackson, Amador County, California, 6 March 2009. 32) Youngdahl Consulting Group, Inc., Former Amador Hospital, No Further Action Request Update, 810 Court Street, Jackson, Amador County, California, 20 March 2009. 33) Central Valley Regional Water Quality Control Board, Review of Soil Vapor Survey Work Plan, Former Amador County Hospital, Jackson, Amador County Case No. 030076, 2 April 2009. 34) Youngdahl Consulting Group, Inc., Former Amador Hospital First Quarter 2009 Monitoring-Letter Report, 810 Court Street, Jackson, Amador County, 6 April 2009. 35) Youngdahl Consulting Group, Inc., Former Amador Hospital, LUSTIS # 30076, Revised Soil Vapor Survey and Risk Assessment Work Plan, 810 Court Street, Jackson, Amador County, California, 6 May 2009. ATTACHMENT A graph showing decline in TPHd • • • Former Amador Hospital LUSTIS #30076 TPHd Decline • • 105 o •I Cl.. I70 • • • • 35 o +-~~~~~~~~~~~~~~~~~~~~~~~+ -10 392.5 795 1197.5 1600 DAYS TPHd in ug/I 'WINKS 4.70 PROFESSIONAL Edition May 12,2009 Linear Regression and Correlation C:\WINKS470\AMD1.DBF Dependent variable is TPHD, 1 independent variables, 11 cases. Variable Coefficient St. Error t-value P (2 tail) Intercept 88.649832 17.376014 5.1018508 <.001 DAYS -.0556411 .0323867 -1.718024 0.120 R-Square = 0.247 Adjusted R-Square = 0.1633 Analysis of Variance to Test Regression Relation Source Sum of Sqs df Mean Sq F p-value Regression 2820.0055 1 2820.0055 2.9516073 0.120 Error 8598.7217 9 955.41353 Total 11418.727 10 MEAN X = 452.818 S.D. X 301.807 CORR XSS = 910875.6 MEAN Y = 63.455 S.D. Y = 33.792 CORR YSS = 11418.73 REGRESSION MS= 2820.006 RESIDUAL MS= 955.414 Pearson's r (Correlation Coefficient)= -0.497 The linear regression equation is: TPHD = 88.64983 + -5.564107E-02 * DAYS Test of hypothesis to determine significance of relationship: H(null): Slope = 0 or H(null): r = 0 (two-tailed test) t = 1.72 with 9 degrees of freedom p = 0.12 Predication of New Observations: DAYS = 1700 Predicted TPHD = -5.94 95% C.I. on -5.93998 is (-122.956, 111.076) (For predicted individual/value.) 95% C.I. on -5.93998 is (-99.74812, 87.86817) (For predicted mean values.) Predication of New Observations: DAYS = 1500 Predicted TPHD = 5.188 95% C.I. on 5.18823 is (-100.7736, 111.15) (For predicted individual/value.) 95% C.l. on 5.18823 is (-74.40531, 84.78178) (For predicted mean values.) Predication of New Observations: DAYS = 1600 Predicted TPHD = -.376 95% C. l. on -.37587 is (-111. 7608, 111.0091 ) (For predicted individual/value.) 95% C. l. on -.37587 is (-87.05825, 86.30651) (For predicted mean values.) Predication of New Observations: DAYS = 1580 Predicted TPHD = .737 95% C. l. on .73695 is (-109.5457, 111. 0196) (For predicted individual/value.) 95% C. l. on .73695 is (-84.52442, 85.99831) (For predicted mean values.) Predication of New Observations: DAYS = 1590 Predicted TPHD = .181 95% C.l. on .18054 is (-110.6522, 111.0133) (For predicted individual/value.) 95% Cor. on .18054 is (-85.79115, 86.15222) (For predicted mean values.) Predication of New Observations: DAYS = 1595 Predicted TPHD = -.098 95% Cor. on -.09767 is (-111.2063, 111.0109) (For predicted individual/value.) 95% C. r. on -.09767 is (-86.42465, 86.22932) (For predicted mean values.) Predication of New Observations: DAYS = 1594 Predicted TPHD = -.042 95% Col. on -.04203 is (-111.0954, 111.0114) (For predicted individual/value.) 95% Col. on -.04203 is (-86.29795, 86.2139) (For predicted mean values.) Predication of New Observations: DAYS = 1593 Predicted TPHD = .014 95% Cor. on .01362 is (-110.9846, 111.0118) (For predicted individual/value.) 95% Col. on .01362 is (-86.17124, 86.19847) (For predicted mean values.) Youngdahl Consulting Group letterhead = CONSULTING GROUp, INC. EI Dorado Hills Office: 1234 Glenhaven Court EI Dorado Hills, Ca 95762 Ph: 916-933-0633 Fax: 916-933-6482 GEOTECHNICAL· ENVIRONMENTAL· MATERIALS TESTING CHANGE ORDER #3 Former Amador Hospital E02561.001 CO#3 810 Court Street, Jackson, California 25 May 2009 Amador County General Services AAK EAdministration 12200 Airport Road Jackson California 95642 Mr. Jon Hopkins CHANGE ORDER FOR ADDITIONAL SERVICES Dear Mr. Hopkins, Youngdahl Consulting Group, Inc. (YCG) is providing you this Contract Change Order to provide additional environmental site assessment services for the Former Amador Hospital project site located at 810 Court Street in Jackson, Amador County, California. On 12 January 2009, the CVRWQCB issued a letter requesting that a soil vapor survey, risk assessment and dermal exposure assessment be conducted to fulfill CVRWQCB requirements for possible future site closure. The CVRWQCB additionally requested that a NFAR Update be prepared and submitted in conjunction with the soil vapor survey work plan; prior to the commencement of the soil vapor survey activities. On 6 March 2009, YCG submitted a Work Plan to the CVRWQCB to perform an initial soil vapor survey at the subject property, and if significant concentrations of hydrocarbons were detected, then additional studies would follow as necessary. YCG indicated that a soil vapor survey would be conducted on the site within 90 days of receiving approval of the workplan by the CVRWQCB. A NFAR Update (NFARU) was prepared and submitted with the workplan. On 2 April 2009, the CVRWQCB issued a letter indicating that the soil gas survey workplan submitted by Youngdahl Consulting Group, Inc. lacked sufficient information for review and approval. The letter specified that the work plan lacked sufficient detail regarding sample collection, the collection of 10% duplicate samples for analysis by an outside laboratory, and that a Human Health Risk Assessment screening methodology needed to be included. The letter specified that a revised workplan was to be resubmitted by 15 May 2009. On 12 May 2009, YCG electronically submitted the revised workplan to the CVRWQCB. Following the revisions to the workplan, the CVRWCQB requested that the NFARU Addendum letter be prepared to include an estimate of the original mass of contamination concentrations and a projection of linear regression for the site to be non-detect for Total Petroleum Hydrocarbons as diesel (TPHd). The NFARU Addendum lE9tter was prepared and submitted the CVRWQBC on 18 May 2009. The additional scope of work requested by the CVRWQCB was not included within the Contract Change Order #2, authorized by the Chairman of Amador County Board of Supervisors. This Contract Change Order includes the costs for the recent preparation and re-submittal of the workplan and NFARU Addendum letter, the collection and laboratory analysis of two (2) soil samples during the soil vapor survey for the risk assessment, the collection of one (1) summa canister sample for QA/QC analysis by an outside laboratory and conducting the analysis for a soil vapor risk assessment and a dermal risk assessment. Former Amador Hospital . Proposal No. E02561.001 CO#3 Page 2 25 May 2009 The costs associated with this additional scope of work are itemized below. ICURRENT CONTRACT AMOUNT $11,300.00 ESTIMATEDITEM SCOPE OF WORK ADDITIONAL COST Revised Workplan Preparation and Meetings -At the request of Amador 1.0 County General Services (ACGS), this item was prepared and submitted to the $ 1,200.00 CVRWQCB on 12 May 2009. No Further Action Request Update Addendum Letter -At the request of 2.0 ACGS, this item was previously prepared and submitted to the CVRWQCB on $ 915.00 18 May 2009. Risk Assessment and Dermal Exposure Risk Assessment 3a -This item includes the additional costs associated with the collection of 3a $ 95.00two soil samples during the soil vapor survey by a subcontrac~or using Strataprobe equipment. 3b -This item includes the additional costs for the analysis of two soil samples by CLS Laboratory (ELAP# 1233). At the request of the CVRWQCB, the samples will be analyzed for Volatile Organic Compounds (VOCs) using EPA TM 8260 and Semi Volatile Organic 3b $ 1,140.00Compounds using EPA TM 8270. 3c -This item includes the costs of the analysis for the QAlQC sample by Air Toxics, LTD (ELAP# 0211 OCA), an off-site laboratory, and the purchase 3.0 of a summa canister for the sample collection. At the request of the CVRWQCB, the summa canister sample will be analyzed for Total Petroleum Hydrocarbons as gasoline (TPHg) and Benzene, Toluene, 3c $ 415.00Ethylbenzene and Xylenes (BTEX) using EPA TM TO-1S. 3d -This item includes the additional costs of performing the analysis for a Risk Assessment and a Dermal Exposure Risk Assessment using the analytical data collected from the soil vapor and soil sampling activities. A report summarizing the sampling activities and analytical data will be prepared and submitted to the CVRWQCB and the Amador County 3d $ 1,025.00Environmental Health Department (ACEHD) following the receipt of the analytical data. SUBTOTAL OF ESTIMATED COSTS $ 4,790.00 INEW PROJECT AMOUNT TOTAL $ 16,090.00 I All work done pursuant to this project will be subject to the Terms and Conditions of the existing signed contract between Amador County GSA and Youngdahl Consulting Group, Inc., dated 12 August 2003. Please identify the new project total amount by initialing next to the desired option above. , If you have any questions we would be pleased to discuss them with you. ~Former Amador Hospital Proposal No. E02561.001 CO#3 ~Page3 25 May 2009 Thank you for giving us the opportunity to submit this Change Order. We look forward to continuing to serve you on this project. If this Change Order meets your approval please sign in the space provided and return back to our office. YOUNGDAHL CONSULTING GROUP, INC. AMADOR COUNTY, CHAIRMAN, BOARD OF SUPERVISORS AUTHORIZING SIGNATURE Client Name (Print) Title Date AGENDA TRANSMITTAL FORM Regular Agenda Consent Agenda To: Board of Supervisors Blue Slip Closed Session Date: Meeting Date Requested: From: Phone Ext. _x_37_5_____ June 30, 2009 Agenda Title: n_~....:_1... & Seibold and use ~fPublie Work's stafffor eels summary: (Provide detailed summary of the purpose of this item; attach additiona'l page if necessary) ATIACHMENT "A" for summary and reconunendation. p~Wf~~flf~tfs able to " ..',on'·...." the work into their current work schedule and with their current levels. Contract Attached: Yes XXX No N/A Yes No Xx.x Resolution Attached: Yes No N/A xxx Committee Review? N/A Ordinance Attached Yes No N/A xxx Name Public Works Committee Comments: Committee Recommendation: Approve use of Public Works staff for design/engineering Request Chairman Counsel __~~~__~__________________________________ Auditor GSA Director CAO Risk Management partmental Only, the requesting Department is responsible distribution outside County Departments) GSA, Public Works Amador County General Services Administration 12200 B Airport Road Jackson, California 95642 Phone: (209) 223-6375 . Fax (209) 223-0749 ATTACHMENT A In February 2009, the Federal Aviation Administration (FAA) awarded to the County of Amador an AirpOlt Improvement Grant (AlP) in the amount of $273,694.00 for: (1) Design ofRunway II9 and associated taxiways pavement rehabilitation; (2) Precision Approach Path Indicator (PAPI) installation; (3) Runway Safety Area (RSA) improvements for Runway 1-19; and (4) Phase I construction of Runway 1-19 RSA grading. Since the award of the grant the following items have taken place: 1. Airport staff has been working with Public Works (PS) staff to apply to the FAA for approval to proceed with design engineering by force account for projects (1) and (3) only as PW staff is unable to perform the design of project (2). Our force account request will go to the FAA for approval no later than Thursday, June 25th . 2. Airport staff advertised for a consultant and on June 9, 2009 the Board of Supervisors approved using the services of Cortright & Seibold (C&S) for a period of five years for various anticipated AIP funded projects. Staff worked with County Counsel and C&S to draft a contract for design services for project (2) which also includes providing on-call airport planning, engineering, and/or consulting professional services as requested by staff for projects (1) and (3). Such services would include preparing reports and recommendations concerning airport development issues and preparing answers to airport design questions raised by County staff. The work shall be performed under the direction of GSA and C&S shall be compensated on a time-and-materials basis per the standard C&S Fee Schedule. 3. Our FAA program manager contacted staff in early May requesting that Amador County amend the grant to a design only grant in which the grant funds (approximately $73,000) for project (4) would be made available to Amador County in the future. Staff is agreeable to modifying the grant as the design for projects (1), (2) and (3) will likely not be completed by PW staff and/or C&S until the end of this calendar year. AirpOli staff expects to apply for a construction grant in January 20] o. RECOMM.ENDATION: 1. Approve the use of Public Works staff for design/engineering for project (1) Runway]] 9 and associated taxiways pavement rehabilitation and project (3) Runway Safety Area (RSA) improvements for Runway 1-19; 2. Approve the attached AGREEMENT WITH CORTlUGHT & SEIBOLD FOR PROFI;;"'S'S10NAL ENGINEERING SERVICE"S; and 3. Authorize the GSA Director to send a letter to the FAA requesting an amendment of our grant from a design/construction grant to a design only grant and to sign any documentation required by the FAA or the State Department of Transportation resulting from the modification. AGREEMENT WITH CORTRIGHT &SEIBOLD FOR PROFESSIONAL ENGINEERING SERVICES This AGREEMENT is made and entered into the day of , 2009, in Jackson, California by and between the County of Amador, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and Cortright & Seibold, hereinafter referred to as "CONTRACTOR." WITNESSETH: WHEREAS, COUNTY desires to engage CONTRACTOR, to provide services as set forth in the Work Program (Exhibit A); and WHEREAS, CONTRACTOR warrants that it is qualified and has the facilities and staff to provide the aforesaid services. WHEREAS, this undertaking. is to be partially financed by the United States of America, acting through the Federal Aviation Administration (hereinafter referred to as the "FAA"), under the provisions of the Airport and Airway Safety and Capacity Expansion Act of 1987, plus subsequent amendments; NOW, THEREFORE, for and in consideration of the Agreement made, and with payments to be made by COUNTY, the parties hereby agree to the following: 1. SCOPE OF SERVICES: CONTRACTOR agrees to provide all of the services described in Exhibit A attached hereto and by this reference made a part hereof. 2. EMPLOYMENT OF CONTRACTOR: COUNTY hereby agrees to engage CONTRACTOR, and CONTRACTOR hereby agrees to perform the services set forth in Exhibit A in connection with the Airport Improvement Program (AlP) Project under an AlP Grant Agreement (Number AIP-3-060111- 14) hereinafter called the Grant Agreement) executed by and between the County of Amador and FAA. The services of CONTRACTOR are further described in the attached Work Program (Exhibit A) which is herein incorporated by reference and made a part of this Agreement. 3. . COUNTY/CONTRACTOR CERTIFICATION: COUNTY and CONTRACTOR hereby certify that the various conditions established as part of the aforesaid Grant Agreement will be fully complied with during the course of the Project. 4. NOTICE TO PROCEED: The services of CONTRACTOR are to commence as soon as practicable after execution of this Agreement but only after written Notice-to-Proceed (NTP) from COUNTY. NTP will not be given prior to FAA approval of the Agreement. 5. DATA TO BE FURNISHED: All information, data, reports, records, and maps as are existing and available, and if necessary for the carrying out of the Project, shall be furnished to CONTRACTOR without charge by COUNTY, and COUNTY shall cooperate with CONTRACTOR during all phases of the Project. Upon conclusion of the Project, all reports, plans, documents, or other deliverable products included in the Work Program prepared under this Agreement shall become the property of COUNTY. Working papers, notes, and computer files or programs shall remain CONTRACTOR'S property. Copies of deliverable products will be provided to FAA per the Work Program. 6. PERSONNEL: a. CONTRACTOR represents that they have, or will obtain at their own expense, all personnel required)n performing the services under this Agreement. Such personnel shall not be employees of COUNTY. b. All of the services required hereunder shall be performed by CONTRACTOR and its subcontractors, and all personnel engaged in the Project shall be fully qualified and shall be authorized under State and local law to perform such services. c. None of the work or services covered by this Agreement shall be subcontracted without prior approval of COUNTY. 7. TIME OF PERFORMANCE: The services of CONTRACTOR are to commence as soon as practicable after the execution of this Agreement, but only after written Notice-te-Proceed (NTP) from COUNTY and shall be undertaken and completed in such sequence as to assure their expeditious completion in light of the purposes of this Agreement. The engineering services required hereunder shall be completed within six (6) calendar months from the date CONTRACTOR receives NTP on the Project. (See Exhibit C, Project Schedule.) In the event delay is incurred through no fault on the part of CONTRACTOR, CONTRACTOR shall present to the COUNTY a written request for an extension of time and/or change(s) in the Work Program, Budget, Project Schedule, and/or other terms necessary for the performance of this Agreement. Approval of such time, Work Program, Budget adjustments, and/or change(s) shall not be unreasonably withheld. Such additional time or compensation as COUNTY approves shall be added to the time specified in this Agreement for completion of this Project and made a part of this Agreement by Addendum. CONTRACTOR shall not be responsible for damages or be in default by reason of delays in performance caused by COUNTY, FAA, governmental acts or failure to act, labor disputes, accidents, acts of God, and other delays unavoidable or beyond CONTRACTOR'S control or due to errors or omissions contained in material, data, or information supplied by COUNTY or other governmental agencies. 8. ALCOHOL-FREE AND DRUG-FREE WORKPLACE: CONTRACTOR agrees to adhere to the County's policy regarding Alcohol-Free and Drug-Free Workplace (see Exhibit D) by executing said policy attached hereto and incorporated herein as part of this Agreement. 9. TERMS OF AGREEMENT: This Agreement shall begin on the date written above, and shall terminate on January 31,2010, unless otherwise terminated. Only the Amador County Board of Supervisors has the authority to agree to any extension of time, change order, change in the Scope of Work, change in the Agreement price or other terms on behalf of COUNTY. CONTRACTOR acknowledges that no COUNTY staff person or COUNTY officer other than the Board of Supervisors has the power to amend the terms and conditions of this Contract. Any change not authorized in advance in writing by the Board of Supervisors shall be null and void. 10. TERMINATION: This Agreement may be terminated by either party by giving thirty (30) days written notice to the other party, which shall be sent by registered mail. This Agreement can also be terminated if CONTRACTOR fails to provide in any manner the services required under this Agreement or otherwise fails to comply with its terms or violated any ordinance, regulation, or other law which applies to its performance herein by COUNTY giving five (5) calendar days written notice to CONTRACTOR. In the event of termination, which is not the fault of CONTRACTOR, CONTRACTOR shall be paid for services performed to the date of termination in accordance with the terms of the Agreement. COMPENSATION: The COUNTY agrees to pay as a combined fixed-fee and/or time and materials charge amount to CONTRACTOR total sum not to exceed $47,000.00 perthe Budget table (see Exhibit B) for the professional services described in the Work Program (Exhibit A). This amount shall constitute complete compensation, including document production and out-of-pocket expenses, for all services performed under this Agreement, and no additional compensation shall be allowed provided the CONTRACT is completed by the time of performance state.d in paragraph 7. Ifthe work extends beyond the deadline date through no fault of the CONTRACTOR, the CONTRACTOR shall be compensated for extra work via an addendum to this contract. 12. PAYMENT: For services relating to this Agreement, the fixed fee portion payable to CONTRACTOR by COUNTY shall be paid on a percent-complete basis as determined by monthly invoices submitted to COUNTY by CONTRACTOR. The percentages shall be calculated on a task-by-task basis per the Budget table (see Exhibit B). For services relating to this Agreement, the time and materials charges for a portion of the Exhibit A work shall not exceed $16,000 without prior COUNTY written authorization. For any extra work authorized in advance by the COUNTY, CONTRACTOR shall be compensated for professional services plus expenses on atime-and-materials basis in accordance with CONTRACTOR's Fee Schedule attached. The current CONTRACTOR Fee Schedule is indicated in Exhibit B. No extra work or time and materials work shall be performed unless authorized in advance in writing by the Amador County General Services Director. Payment shall be made by COUNTY to CONTRACTOR within thirty (30) calendar days of receipt of invoice(s), unless COUNTY disputes the invoice(s) in writing within the same thirty (30) days. If payment(s) to CONTRACTOR is not made within sixty (60) days of receipt of invoice(s), and COUNTY has not disputed the invoice(s), CONTRACTOR may suspend work until payments are brought current based on invoices submitted to COUNTY. 13. INTEREST OF MEMBERS OF SPONSOR AND OTHERS: No officer, member, or employee of the COUNTY and no member of its governing body, and no other public official of the governing body of the locality or localities in which the Project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out ofthis Project, shall participate in any decision relating to this Agreement which affects his or her personal interest or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 14. BOOKS OF RECORD: CONTRACTOR agrees to keep proper books of record and accounts in which complete and correct entries will be made of all payroll costs, travel, subsistence, and otherexpenses. Said books, at all times, will be available for reasonable examination byCOUNTY for a period not to exceed three (3) years after termination of this Agreement. 15. INSURANCE: CONTRACTOR shall· provide proof of a policy of insurance satisfactory to the AMADOR COUNTY RISK MANAGER evidencing that CONTRACTOR maintains the following: a. Worker's Compensation Insurance: If required by law, CONTRACTOR shall procure and, maintain, at CONTRACTOR's own expense during the term hereof, Worker's Compensation Insurance for all of its employees to be engaged in work and provide proof of said insurance to COUNTY. NOTE: CONTRACTOR's current business organization does not require Worker's Compensation Insurance. All work on this Agreement will be performed by Partners and/or Subcontractors. b. Commercial General Liability Insurance: Commercial General Liability Insurance with limits of not less than One Million Dollars ($1 ,000,000) per Occurrence and Two Million Dollars ($2,000,000) Aggregate, covering bodily injury and property damage, including volunteer excess medical coverage. Policy should also include endorsements for the following coverage: premises, personal injury, and blanket contractual coverage. General Liability shall be on an Occurrence Form. c. Automobile LiabilityInsurance: Automobile Liability Insurance of not less than One Million Dollars ($1 ,000,000) combined single limit per occurrence for bodily injury and property damage is required in the event motor vehicles are used by the Contractor in the performance of the contract. Coverage must include owned autos, non-owned autos, and hired autos. d. Professional Liability: In the event Contractor is a licensed professional, and is performing professional services underthis contract, professional liability insurance is required with a limit of liability not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. Professional Liability insurance shall remain in force January 31,2010, unless the County requests extended coverage and compensates C&S for insurance premiums. Certificates of Insurance for Commercial General Liability, Automobile Liability, and Professional Liability shall be on file with the County of Amador, Office of Risk Management, 810 Court Street, Jackson, California 95642 within ten (10) days after Board of Supervisor's approval of this Agreement. The Commercial General Liability and Automobile Liability policies must be endorsed to name the County of Amador, its officers, employees and volunteers as additional insureds. 16. INDEMNIFICATION: Each of the parties to this Agreement is an entity, which is self-insured and/or carries liability insurance. Each party will provide liability coverage to cover its acts and duties under this Agreement. The parties hereto shall indemnify and hold one another, their officers, agents and employees rarmless from and against any and all claims, losses, liabilities, damages, demands, and actions (all collectively referred to as "liability" herein) arising out of each parties' respective performance of this Agreement, but only in proportion to and to the extent such liability is caused by or results from the negligent or intentional act or omission of the indemnifying party, its officers, agents, or employees. 17. LEGAL ACTIONS: If any legal action or other proceeding is brought for the enforcement of this Contract, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Contract, the prevailing party or parties shall be entitled to recover reasonable attorney's fees and costs incurred in the action or proceeding in addition to any other relief to which the prevailing party may be entitled. 18. SUBCONTRACTING: CONTRACTOR shall not subcontract nor assign any portion of the work required by this Agreement without prior written approval of COUNTY. The COUNTY agrees to subcontracting for electrical engineering services and materials testing to firms selected by CONTRACTOR and approved by the COUNTY upon request from CONTRACTOR. 19. ASSIGNMENT: The rights, responsibilities, and duties under this Agreement are personal to CONTRACTOR and may not be transferred or assigned without the express prior written consent of COUNTY. 20. INTEREST OF CONTRACTOR: CONTRACTOR covenants that they presently have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. CONTRACTOR further covenants that in the performance of this Agreement no person having any such interest shall be employed. FINDINGS CONFIDENTIAL: Any reports, information, data, etc. given to or prepared or assembled by CONTRACTOR shall not be made available to any individual or organization by CONTRACTOR without the prior written consent of COUNTY. 22. COPYRIGHT: No reports, maps, or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of CONTRACTOR. 23. AVAILABILITY OF RECORDS: CONTRACTOR agrees to make time and expense records pertaining to the Project available to authorized representatives of COUNTY, the Comptroller General ofthe United States, and the FAA during the Project, and for not more than a three (3) year period following the final payment for services rendered under the terms of this Agreement. 24. OWNERSHIP OF PLANS: Upon completion or termination of this Agreement, COUNTY shall be entitled to immediate possession of, and CONTRACTOR shall furnish, on request, all original computations, plans, drawings, specifications, maps, correspondence and other pertinent data gathered or computed by CONTRACTOR for the Work prior to termination. Any substantive modification of the documents by COUNTY or any use of the completed documents for other projects or any use of incomplete documents, without specific written authorization by CONTRACTOR, will be at COUNTY'S sole risk and without liability or legal exposure to CONTRACTOR. CONTRACTOR may retain copies of such original documents for CONTRACTOR'S files. 25. RESPONSIBILITY FOR ERRORS: CONTRACTOR shall be responsible for its work and results under this Agreement. CONTRACTOR, when requested, shall furnish clarification and/or explanation as may be required by the COUNTY, regarding any services rendered under this Agreement at no additional cost to the COUNTY. In the event an error or omission attributable to CONTRACTOR occurs, then CONTRACTOR shall, at no cost to COUNTY, provide all necessary design drawings, estimates, and other professional services necessary to rectify and correct the matter to the sole satisfaction of COUNTY and to partiCipate in any meeting with regard to the correction. 26. TIME OF ESSENCE: Time is hereby expressly declared to be the essence of this Agreement and of each and every provision thereof, and each such provision is hereby made and declared to be a material, necessary, and essential part ofthis Agreement. However, neither party shall be 7 responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of god, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 27. FAA NOT OBLIGATED TO CONTRACTOR: The work in this Agreement is included in part under the AlP Grant (reference Paragraph 2) which is being undertaken and accomplished by COUNTY in accordance with the terms and conditions of a Grant Agreement between COUNTY and the United States, under the Airport and Airways Safety and Capacity Expansion Act of 1987, as amended and the Regulations of the FAA, pursuantto which the United States has agreed to pay a certain percentage of the costs of the Project that are determined to be allowable Project costs under the Act. The United States is not a party to this Agreement and no reference in this Agreement to the FAA or any representative thereof, or to any rights granted to the FAA or any representative thereof, or the United States, by the Agreement, makes the United States a party to this Agreement. 28. FAA PROVISIONS FOR AlE CONTRACTS: All Provisions required by FAA to b~ included in AlE Contracts for AlP grant funded projects are provided in Exhibit E and incorporated herein by reference. 29. LICENSING AND PERMITS: CONTRACTOR shall maintain the appropriate licenses throughout the life of this Agreement. COUNTY shall obtain any governmental permits which may be required for the Project, including any environmental approvals/permits that may be required under NEPA, CEQA, Amador County, or other Federal, State, Regional, or local regulating authority. COUNTY shall obtain permits in a timely manner. If CONTRACTOR's performance is delayed waiting for permits, CONTRACTOR shall advise COUNTY and a schedule, work scope, and/or budget adjustment, will be mutually-agreed, if justified. 30. CONSTRUCTION COST ESTIMATE: Any estimate of the Construction Cost prepared by CONTRACTOR represents a design professional judgment and is supplied for the general guidance of the COUNTY. CONTRACTOR has no control over the cost of labor and material, or over competitive bidding or market conditions. CONTRACTOR does not guarantee the accuracy of such estimates as compared to contractor bids or actual cost to the COUNTY. 31. JURISDICTION AND VENUE: This Agreement shall be construed in accordance with the laws of the State of California and the parties hereto agree that venue shall be in Amador County, California. 32. AUTHORIZED REPRESENTATIVES: The General Services Director, or his/her designee, is the representative of the COUNTY and will administer this Agreement for the COUNTY. Mr. Donald J. Cortright is the representative for CONTRACTOR. Changes in designated representatives shall occur only by advance written notice to the other party. 33. JOB SITE SAFETY: The COUNTY agrees that, in accordance with generally accepted construction practices, the Construction Contractor and/or Amador County ifforce account construction occurs (not the Engineering Services Contractor) will be required to assume sole and complete responsibility for job site conditions during the course of construction of the Project, including safety of all persons and property and that this requirement shall be made to apply continuously and not be limited to normal working hours. The COUNTY will require that any Construction Contractor performing work in connection with the Contract Documents produced under this Agreement hold harmless, indemnify, and defend the COUNTY, CONTRACTOR, their Subconsultants, and each of their directors, officers, agents, and employees from any and all liability, claims, losses, damage, and costs, including attorney's fees arising out of or alleged to arise from the Construction Contractor's negligence in the performance of the work described in the construction Contract Documents. 34. NOTICES: This Agreement shall be managed and administered on COUNTY's behalf by the Department set forth below. All invoices shall be submitted and approved by this Department and all notices shall be given to COUNTY at the following locations: Mr. Jon Hopkins 209:223-6375 GSA Director jhopkins@co.amador.ca.us Amador County General Services Administration Mail: 12200-8 Airport Road Jackson, California 95642-9527 Physical: 12200-8 Airport Road Martell, California 95654 Notices shall be given to CONTRACTOR at the following address: Mr. Donald J. Cortright, C.E. 530:842-7121 Cortright &Seibold co rtright@snowcrest.net 411 South Oregon Street Yreka, California 96097 35. ENTIRE AGREEMENT: This Agreement represents the entire and integrated Agreement between the COUNTY and CONTRACTOR and supersedes all prior negotiations, represen~ations, or agreements, either oral or written. This' Agreement may be amended only by written instrument signed by both COUNTY and CONTRACTOR. 36. RELATIONSHIP BETWEEN THE PARTIES: It is expressly understood that in the performance of the services contained in Exhibit A herein, CONTRACTOR, and the agents and employees thereof, shall act in an independent capacity and not as officers, employees, or agents of COUNTY. 37. COMPLIANCE WITH APPLICABLE LAWS: CONTRACTOR and COUNTY agree that both are bound in the accomplishment of this Agreement and shall therefore comply with any and all Federal, State, and Local laws affecting services covered by this Contract. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ofthe day and year first above written. COUNTY: CONSULTANT: BY:_________________________ BY:__________________________ Theodore F. Novelli Donald J Cortight. Chairman, Board ofSupervisors 94-2956130 Federal LD. No.: 92-2956130 APPROVED AS TO FORM: ATTEST: OFFICE OF THE COUNTY COUNSEL JENNIFER BURNS, CLERK OF THE COUNTY OF AMADOR BOARD OF SUPERVISORS BY: BY: -------------------------------------------------- THE COUNTY OF AMADOR GENERAL SERVICES ADMINISTRATION EXHIBITA WORK PROGRAM for AIRPORT ENGINEERING SERVICES at AMADOR COUNTY AIRPORT EXHIBITA WORK PROGRAM Airport Engineering Services at Amador County Airport The project approach and Work Program proposed by Cortright & Seibold (C&S) for assisting Amador County with airport engineering services for Amador County Airport (Westover Field) u~ing an FAA Grant is outlined below. 1. PROJECT DESCRIPTION ') The engineering, design, and consulting services provided by C&S will address the following projects based on the revised FAA grant application submitted by Amador County to FAA: Project No.1-Install PAPI This project is to install a new Precision Approach Path .Indicator (PAPr) system for the existing runway. Project No.2 -Pavement Slurry Seal This project is to slurry seal the runway, taxiways, and apron pavements. Project No.3 -RSA This project is t6 modify the Runway Safety Areas (RSA) on each runway end to comply with current FAA design standards. Project No.4 -On-call Services The scope of services for Project No.4 is as follows. Provide on-call airport planning, engineering, and/or consulting professional services as requested. Prepare reports and recommendations concerning airport development issues. Prepare answers to airport design questions raised by County stafr. The work shall be performed under the direction of GSA and completed to the client's satisfaction. This assignment shall be done on a time-andmaterials basis per the standard C&S Fee Schedule. 2. SCOPE OF C&S AND COUNTY-FURNISHED SERVICES The project(s) will be undertaken as a cooperative effort by the County and C&S staff with engineering, design, and contract documents being provided byC&S for Project No.1. Project No.2 & 3 will be handled by Amador County Public Works staff with on-call time and materials consulting services by C &S via Project No.4. 2.0 -WORK PROGRAM -PROJECTNO.1 The airport engineering services for P API system design will be provided by C&S in sequential ph~ses as outlined below: PHASE 1 -PRELIMINARYDESIGN The Preliminary Design tasks are as follows: Task 1.1 --Mobilization. This task includes all project start-up, staffing, and administrative activities such as establishing a project filing system, technical resources library, and design phase schedule. Scheduling of specialty subconsultants (if any), project-specific aqcounting procedures, obtaining and maintaining client-required insurance (General Liability, E&O, Commercial Auto, etc.), and any other activities directly related to the airport engineering services will be accomplished. Task 1.2 -Design Coordination. The C&S Project Manager will meet with Amador County staff to review design requirements, schedules, coordination procedures, and discuss project related items and FAA requirements Task 1.3 -ReconnaissancelSurvevina. C&S staff will undertake field reconnaissance/surveys to provide physical site information for design purposes. Task 1.4 -Preliminary Engineering Design. C&S staff will develop design alternatives, as appropriate. The recommended schematic design will be reviewed with the County staff. After County review, the preliminary engineering and design layout will be developed further. Task 1.5 -Preliminary Cost Estimate. C&S will prepare a preliminary construction cost estimate for the recommended design alternative and provide the estimate to County staff for review. Task 1.6 --Project Status Meeting. At the conclusion of the preliminary design tasks, a project status meeting will be held by the County and C&S to discuss the project schedule, preliminary engineering, design, and FAA requirements. PHASE 2 -DESIGN DEVELOPMENT The Design Development tasks are as follows: Task 2.1 -Construction Plans. C&S will prepare detailed construction plans for the project. The plans will be developed using airport engineering and design guid~lines contained in the FAA Advisory Circulars (AC), National Electrical Code (NEC), 'and C&S's professional engineering experience. Task 2.2 -Construction Specifications. C&S engineering staff will prepare construction specifications for the project based on the detailed plans. Th~ FAA's "Standards for Specifying Construction of Airports," AC 150/5370-10, plus changes, will be used unless it is determined that Caltrans andlor Amador County construction specifications will be used. Task 2.3 --Quantity and Cost Estimate. C&S will prepare a detailed construction cost estimate based on design quantities for the recommended development plan for the airport construction and provide the estimate(s) to County staff for review. Task 2.4 -Contract (Bid) Documents. C&S staff will prepare complete "bid-ready" Contract Documents (including Plans and Specifications) for the Project. The Contract Documents will conform to County requirements as determined by the General Services Administration (GSA) and include specific FAA requirements. Draft Contract Documents will be reviewed with the County staff prior to submittal to the FAA for approval. Task 2.5 -Engineer's Design Report. C&S staff will prepare an Engineer's Design Report for the project based on the final Plans and Specifications. This task includes the Engineer's cost estimate and the FAA-required Construction Management Program and Quality Control Plan. The report will be reviewed with the County prior to submittal to the FAA for approval. Task 2.6 -Coordinate Contract Documents. Based on authorization from the County, C&S will provide copies of the Plans, Specifications, Cost Estimates, Engineer's Design Report, and Contract Documents to the FAA for approval. (For budget purposes, three sets have been assumed.) C&S engineering staff will meet with County andlor FAA staff to facilitate reviews and approvals. (For budget purposes, one meeting has been assumed.) Task 2.7 -Finalize Contract Documents. Based on results of the County and FAA reviews and approvals, C&S will finalize the Contract Documents. C&S will provide one hard copy master reproducible set of Contract Documents, Plans, and Specifications for County printing and distribution. Alternatively, computer files of Contract Documents and Plans can be provided, requested. PHASE 3 -BID AND CONTRACTA WARD Amador County will handle bidding and contract award activities. The Bid/Contract Award tasks are as follows: Task 3.1 -Advertise for Bids. Amador County staff will handle all advertising of the construction project for contractor bidding. During the bidding period, C&S staff will respond to Contractor questions and assist with any Addenda for County distribution. Task 3.2 -Bid Results. Amador County staff will receive contractor bids and tabulate. The County will evaluate bidding results, coordinate with FAA, and make a selection for contract award. The C&S Project Manager will attend the Bid opening and consult on the bid results, if requested. Task 3.3 -Contract Award. Amador County will award the construction contract to the selected bidder. This will include the contract, insurance, bonding, and any other administrative requirements. The County agrees to require the selected Contractor to name C&S as an additional insured and provide copies of policies prior to initiating construction. PHASE 4 -CONSTRUCTION MANAGEMENT (Optional: Not in Contract) NOTE: Phase 4 is not included in the current scope of services, but may be added later at County's option. Phase 4 services will be "Extra Work". Construction management will include C&S project administration and/or inspection services (to the extent requested by the County). This will be on a time and materials basis. The Construction Management tasks are as follows: Task 4.1 --Pre-construction Services. C&S will meet with County staff prior to the start of construction to clarify procedures and areas of responsibility during construction. Included in this task is C&S's general administration and establishment of project-specific quality control procedures, and preparation of the FAA required Construction Safety Plan. The County will issue a Notice to Airmen (NOTAM) concerning airport construction work. C&S will provide FAA and contractor pre-construction coordination, as needed. Task 4.2 -Pre-construction Conference. After award of the contract and upon authorization from the FAA, the County will hold a preconstruction conference with the Contractor on-site. The C&S engineering Project Manager will lead the preconstruction conference and present the requirements of the projects. Task 4.3 -Construction Administration. During the construction work, the C&S engineering and administrative staff will provide construction administration services. These services may include review and approval of Contractor working drawings, approval of field and/or laboratory tests on construction materials, Change Orders, progress reports, and payment requests. Task 4.4 -Inspection Services. C&S technical staff will provide on-site construction inspection services. In addition, the C&S Project Engineer will be responsible for overseeing the inspection work and coordinating with the County and FAA. This includes the final FAA inspection and acceptance of the Project. Construction surveying services are assumed to be provided by the Contractor, subject to review by the C&S on-site inspector. For budget purposes, it is assumed that C&S staff will be on-site on a periodiC basis up to a maximum of 25% of the construction time. Additional inspection services will be performed, as extra work, if requested. The need for additional inspection services will be coordinated with the County prior to any work. Task 4.5 -Materials Testing. The materials testing service will be provided by an independent testing laboratory. C&S will administer testing services and review materials testing results. This includes review of the Contractor's testing data provided to the Engineer per the Contract Documents. Task 4.6 -"As-Built" Drawinas. After completion of construction and final inspection, the C&S engineering staff will prepare "as-built" drawings to document the completed physical facilities and update the original construction plans. Hard copy reproducibles of the drawings will be provided to the County and blueline prints provided to FAA for project close-out. The As-builts will be based on the Contractor's submittals per the Contract Documents. Computer files will be provided if requested. Task 4.7 -FinalEngineer's Report. C&S will prepare the Final Engineer's Report covering the construction results, Change Orders, project problems, and final costs. The report will be provided to the County and FAA as part of the project close-out requirements. Task 4.8 -Airport Layout Plan Update. C&S will revise and update the Westover Field Airport Layout Plan (ALP) as necessary to reflect the completed new construction and to conform with current FAA project close-out requirements. If updated latitude/longitude, airfield elevations, and/or other field data is required by FAA it will be provided to C&S by the County. NOTE. This ALP update is for project documentation only. It does not include general ALP update/revision. If requested, this will be undertaken as "Extra Work" and upon written authorization from Amador County. Task 4.9 --FAA Closeout. C&S will assist the County with preparing documents and/or final payment/reimbursement forms and coordinate with FAA to facilitate project administrative closeout. THE COUNTY OFAMADOR GENERAL SERVICES ADMINISTRATION f\ EXHIBITB BUDGETIFEESCHEDULE for AIRPORT ENGINEERING SERVICES at AMADOR COUNTY AIRPORT EXHIBITB BUDGET/ FEE SCHEDULE Airport Engineering Services at Amador County Airport The Budget Estimate on the following page is based upon the project scope of work presented in Exhibit A. The Budget is subject to modification reflecting the final scope of work for Consultant professional services and any mutually-agreed revisions. The budget for Project No. 1 (PAPI) is proposed on a fixed-fee basis. The time and materials budget for Projects No.2, 3, and 4 will not be exceeded without prior County written authorization. The attached C&S standard Fee Schedule will apply to any extra work authorized in writing by Amador County, unless a task-specific, fixed-fee is established. ENGINEERING SERVICES BUDGET -RSA, SLURRY & PAPI Amador County Airport .'['I Hxed-Fee Time-and Task TitleBudget Materials Totals 1.0 PRELIMINARY DESIGN PAPI RSA,SLURRY i . iMohiHzatl()ri ------------------------------------------$( 000 ------------------.--.------ lC(jQ(j 1.2 l:;esign'Coor,(Hi-iaiTon'(ATlProjeciSinc-lud6(j)-----------------------T,oOO· ------------T6~OOO-........ -1'7-;C)(iO '1.3 Piel(fReconnaissanceIS-ufveyiii-g-----.-------.-----------·-------2,5-00-2:S(JO 1.4 -·j>l:eii'iTIliiaryEnginecr,ii-g[)esign-------------------.-----------------s-,-ob()" ----S,O()O L')-i)-I:cnnliriai-yeciSt---t~stim!ite----·---------------------------------y,'{foo----..... -'-{Obo -1.6-Fr~fcci'Statu-s-Mcctrii-g------------------------------------------Tooo-··-(()()O ... --_ .._-_... --_.'_._---------_... --.-..... ~..-.... _.._,_._..•. _-------.------_. __._ .._-----_....__ •. _------,_. _...... . Subtotal = $11,500 $27,500 2.0 DESIGN DEVELOPMENT ConstructTon'"l51arls''_--._"._.. _.."-..... -........-.....--."...---.....-.--. ··_···--·····--------'$7,·O(f(f' 2.1 --$7;ocumeniS-----------_· ..-... -----,--.......-, -----·-------4,OOCr-.. -_............-.... . (dOG 'Eligincer;s-[)eslgnRcporC --.---------------------. -----------------T;()(j(i-. 2.5 I,(JO() (\ioi:dinaie-C(lritraci' i'5ocuinc'rlts---.-... --.-. ..--. ---..... ----... -r,O(iO 2.6 I,(j(jo 2.7 Finalizc Contract ()oclImenisCOO(f I,(JO!) .. -_.-_ ....... _-_.,.'-_ .. _-------....._"," _.._.,._-_ ...__..-." Subtotal = $18,000 $18,000 3.0 BID AND CONTRACTAWARD . Advertlse-[or-Bids--------····------------------------------$50(f -----$500 :{I mdResuits----------------------------------------------------5603.2 S(j() Contract f... ward--.. --------------------------------------------... --------·sM- 3.3 SOO Subtotal = $1,500 $1,500 _...." ... __....._-_.-.. _" ----_... __ .__....-_.-.........__.......................... _ ...-... _....-....•. _--..... . 4.0 CONSTRUCTION MANAGEMENT (NOT INCLUDED) 4.1 4.2' ·C(lnstructl()n"Adinlnlstratl()'ii----··---------..---_.__.._.".-_.-.-... _...-----.. ,-_... ----"', .....-'-" 4.3 4.4 lrispel;iiiinS-cfvlc'cs --' M,ltcrlills 'I"'C'stlllg"' ..........-_ ......._._ .. -........._.....--_ ..... _...._._.._.. ... 4.5 4.6 "As-[3il il t" 1)I:a\vIllgs 4.7 Final Engineer's Rcj:i(irt 4.!l Airport La)'olliPliin (Ajjj)lJpchitc 4.0 FAACI<)sc-out Subtotal = $0 $0 .. _ ... . __ .________ ......... ___ ._________ !Q!'~_'= .~. __________~31_,Q.Q_9.. __ .. $1~,000 .. $47,000 :ncwama:eon Cortright & Seibold -2009 Fee Schedule Professional Hourly Classification Rate Partner / Project Manager Senior Engineer / Planner Staff Engineer / Planner Technician / Designer Wordprocessor / Clerical/PDirect Expenses Auto Mileage Truck Mileage Field Vehicle Field Equipment Aircraft CAD Computer Overtime $150 125 90 75 roduction 50 Cost plus 15% $0.60/mile $l.OO/mile $12/hour $lO/hour $] 50/hour $25/hour Standard Rates plus 50% THE COUNTY OF AMADOR GENERAL SERVICES ADMINISTRATION EXHIBITC SCHEDULE for AIRPORT ENGINEERING SERVICES at AMADOR COUNTY AIRPORT EXHIBITC PROJECTSCHEDULE AiryJort Engineering Services at Amador County Airport PROJECT EVENT MILESTONE DATE I. Notice to Proceed (NTP) 1 July 2009 2. Phase 1: Preliminary Design Tasks 1.1 -1.5 Complete 14 August Task 1.6 Meeting and Amador County project status review complete 21 August 3. Phase 2: Design Development Tasks 2.1 -2.5 Complete 16 October Task 2.6 -Coordinate contract documents complete 30 October Task 2.7 -Finalize contract documents complete 13 November 4. Phase 3: Bid And Contract Award Task 3.1 -Advertise For Bids 20 November Task 3.2 -Bid Results 22 December Task 3.3 -Construction Contract Award 3 1 December 2009 5. Phase 4: Construction Management To Be Determined (TBD) THE COUNTY OFAMADOR GENERAL SERVICES ADMINISTRA TION EXHIBITD ALCOHOL-FREE AND DRUG-FREE WORKPLACE,· DRUG & ALCOHOL TESTING for AIRPORT ENGINEERING SERVICES at AMADOR COUNTYAIRPORT ' EXHIBITD , Number COUNTY OF AMADOR POLICY & PROCEDURES MANUAL 2-300 I SECTION: HUMAN RESOURCES ALCOHOL-FREE AND ISSUE DATE: August 6, 2002 DRUG-FREE WORKPLACE; PAGE NO: 1 of 12 DRUG & ALCOHOL TESTING I. INTRODUCTION A. Purpose: Amador County is committed to providing the following: a safe work el1vironment for employees, the fostering of the well-being and health of its employees, a work environment which reduces to the extent possible risk to County employees and the general public (with concomitant risk of liability to the County), and the appearance to the public of an alcohol-and drug-free work force. Amador County is also required, when it receives State and/or federal grant funds, to enforce the State and/or federal Drug-Free Workplace Acts (California Government Code 8350 et seq., and 41 U.S.c. Chapter 10, respectively). Those commitments and responsibilities are jeopardized when an employee (1) uses alcohol during working hours, (2) comes to work under the influence ofalcohol or a controlled substance, or (3) engages in the use, possession, manufacture, dispensing, distribution, or sale of alcohol or a controlled substance in the workplace. Therefore, the Amador County Board of Supervisors has established the policy set forth herein. It is the goal of this policy to balance respect for individuals with the need to maintain a safe, productive, and drug-free workplace and to comply with State and federal Drug-Free Workplace legislation as well as legislation governing testing to detect and deter the use of alcohol and controlled substances. Amador County intends to offer a helping hand to those who need it, while sending a clear message that the use or possession, or impairment ofjob performance by the use of, controlled substances and/or alcohol in the workplace is incompatible with any employment for the County. B. Scope: This policy refers to alcohol and all substances, legal or illegal, that have the capacity to impair an individual's ability to effectively and safely perform the functions ofhis/her job. This policy applies to the following: 1. All employees of and volunteers for the County of Amador; and 2. The following contractors providing services to the County of Amador: a. Any contractor who provides services that require the contractor to perform the work called for by the contract at a County location (property either owned or leased by the County or on which County programs and services are provided), unless excepted under (c) below. b. Any contractor who provides services at other locations unless the department head for the department obtaining the services requests a waiver in writing, and such waiver request is concurred in by the County Administrative Officer. c. Examples of services in which a waiver of the policy is appropriate are (i) consulting services that involve production of a report that is sent to the County, where the persons preparing the report do not regularly travel to or work at County locations; (ii) repair or maintenance services of a limited nature (such as repairing a window or plumbing fixture) that are obtained through use of a purchase order not to exceed $4,500.00. d. Examples of services in which a waiver of the policy is not appropriate are (i) contractors that provide drug and alcohol counseling or treatment EXHIBIT 0 COUNTY OF AMADOR Number POLICY & PROCEDURES MANUAL 2-300 SECTION: HUMAN RESOURCES ALCOHOL-FREE AND DRUG-FREE WORKPLACE; DRUG & ALCOHOL TESTING ISSUE DATE: August 6, 2002 PAGE NO: 2 of 12 services (wherever located) to County-referred individuals; (ii) contractors that provide day care for children or in-home care for dependent individuals (wherever located). e. This policy generally will not apply to contracts for the purchase of goods only. f. In order to obtain a waiver, the department head must request the waiver in writing at the time thecontract is forwarded to the Board of Supervisors for signature, and the County Administrative Officer must concur in the recommendation. C. Definitions: 1. Collection site: As used in this policy, the term"collection site" means a place where individuals present themselves for the purpose of providing body fluid, breath or tissue samples to be analyzed for specified controlled substances and/or alcohol. 2. Controlled substance: As used in this policy, the term"controlled substance" shall mean a controlled substance in schedules I through V of section 202 of the federal Controlled Substances Act (21 U.S.c. 812) and as further defined in sections 1308.111308.15 of Title 21 of the Code of Federal Regulations rc.F.R."). For safety drivers, a"controlled substance" is a substance defined in 49 C.F.R. section 40.21(a). 3. Conviction: As used in this policy, the term"conviction" shall mean a finding of guilt (including a plea of nolo contendere) or imposition of a sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes. 4. Criminal drug statutes: As used in this policy, the phrase"criminal drug statutes" shall mean a Federal or State criminal statute involving the manufacture, distribution, dispensing, possession, or use of any controlled substance. 5. Employee(s): As used in this policy, the term"employee(s)" shall include all individuals employed by the County of Amador, all individuals employed by a special district and working at Amador County workplaces, and all individuals employed by the State of California but, by contract between the County of Amador and State of California, assigned by the State of California to work in offices of the County of Amador. 6. Federal testing requirements: As used in this policy, the phrase "federal testing requirements" means the requirement~ set forth in 49 C.F.R. part 40 and 49 C.F.R. part 382, subpart C. 7. Illegal drugs: As used in this policy, the term "illegal drugs" shall include the unlawful use of controlled substances and the unlawful use of prescription medication. COUNTY OF AMADOR EXHIBITD Number POLICY & PROCEDURES MANUAL 2-300 SECTION: HUMAN RESOURCES ALCOHOL-FREE AND ISSUE DATE: August 6, 2002 DRUG-FREE WORKPLACE; PAGE NO: 3 of 12 DRUG & ALCOHOL TESTING Medical Review Officer: As used in this policy, the term "Medical Review Officer" shall mean a licensed doctor of medicine or osteopathy with knowledge of drug and alcohol abuse disorders that is employed or used by the County to conduct drug and alcohol testing in accordance with this policy. ' 9. Post-accident testing: As used in this policy, the phrase "post-accident testing" means the testing of a safety driver after an accident in the following circumstances: (i) the accident involves the loss of human life, or (ii) the driver receives a citation for a moving traffic violation arising from the accident and the accident involves either bodily injury to any person necessitating medical treatment away from the scene of the accident, or disabling damage to one or more motor vehicles necessitating transportation from the scene by tow truck or other motor vehicle. 10. Random selection process: As used in this policy, the phrase "random selection process" means that the selection of safety drivers for random alcohol and controlled substances testing shall be made by a scientifically valid method according to which each safety driver has an equal chance of being selected for testing each time selections are made. 11. Reasonable cause: As used in this policy, the term "reasonable cause" means that the County believes the on-the job behavior and/or actions of an employee are indicative of the use of a controlled substance or alcohol. Such behavior may include, but is not limited to, the following: a. Direct observation of on-the-job alcohol or drug use, including indications of the chronic and withdrawal effects of controlled substances. b. Visible signs on-the-job of possible intoxication or influence of drugs or alcohol. c. A pattern of on-the-job abnormal conduct or erratic behavior consistent with the use of drugs and/or alcohol. d. Possession of alcohol, suspected illicit or unauthorized drugs, or drug paraphernalia when anyone or more of these items are found on the employee or in an area or vehicle controlled, occupied, or used by the employee. e. Established history of drug/alcohol abuse on the job. f. Arrest or conviction for a drug-related offense or driving under the influence. g. Newly discovered evidence that an employee has tampered with a previous drug or alcohol test. h. Information provided either by reliable and credible sources or independently corroborated of on-duty use of alcohol or on-or off-duty use of illegal drugs. Reasonable cause for testing of safety drivers must be based upon specific, contemporaneous, observations concerning the appearance, behavior, speech or body odors of the driver (including, in the case of controlled substances, indications of the chronic and withdrawal effects of controlled substances). Such observations must be made by a supervisor trained in accordance with DOT regulations. EXHIBITD COUNTY OF AMADOR POLICY & PROCEDURES MANUAL Number 2-300 SECTION: HUMAN RESOORCES ALCOHOL-FREE AND ISSUE DATE: August 6, 2002 DRUG-FREE WORKPLACE; PAGE NO: 4 of 12 DRUG & ALCOHOL TESTING 12. Safety driver: As used in this policy, the phrase"safety driver" shall include any County employee whose position requires that he or she operate a motor vehicle (i) that requires a commercial driver's license, (ii) that has a gross vehicle weight rating Or gross combination weight rating of 26,001 or more pounds, (iii) of any size that is engaged in transporting hazardous materials in amounts requiring placarding, or (iv) that is designed to transport lS or more passengers, including the driver. 13. Supervisor: As used in this policy, the term "supervisor" means any County officer or employee having management or supervisory responsibility over any other officer or employee. Supervisor includes forepersons, supervisors, assistant department heads, and department heads. 14. Under the influence of alcohol: As used in this policy, the phrase "under the influence of alcohol" for employees other than safety drivers shall mean a blood alcohol level of 0.08 or higher or exhibiting signs of intoxication. For safety drivers, "under the influence of alcohol" shall mean an alcohol concentration (measured in terms of grams of alcohol per 210 liters of breath as indicated by an evidential breath test) of 0.04 or higher. 15. Under the influence of a controlled substance: As used in this policy, the phrase "under the influence of a controlled substance" shall mean testing positively for any controlled substance using a breath or urine test. 16. Volunteer: As used in this policy, the term "volunteer" shall include all individuals who fall within the scope of County of Amador Policy No. 2-245, Use of NonCounty Employees (Volunteers and Agency Placements). 17. Working hours: For employees, the phrase "working hours" shall mean those hours of the day that an employee is expected to be on duty to perform services for the County and shall include meal periods, rest breaks, and being in any County vehicle. For most full-time employees, working hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays. For contractors, the phrase "working hours" shall mean those hours when a contractor is performing activities pursuant to a contract with the County of Amador. For volunteers, the phrase "working hours" shall mean those hours when a volunteer is performing volunteer activities for the County of Amador. 18. Workplace: As used in this policy, the term "workplace" shall include all offices, buildings and locations owned, rented leased or controlled by Amador County and occupied (during working hours) by employees of Amador County. The term "workplace" shall also include any work site where an employee is present performing services as part of his/her employment with the County of Amador (including field work). "Workplace" includes any County vehicle including County vehicles that are used by employees to commute from home to a County employee's place of work or to home from a County place of work. EXHIBITD COUNTY OF AMADOR POLICY & PROCEDURES MANUAL Number 2-300 SECTION: HUMAN RESOURCES ALCOHOL-FREE AND ISSUE DATE: August 6, 2002 DRUG-FREE WORKPLACE; PAGE NO: i 5 of 12 DRUG& ALCOHOL TESTING II. PROHIBITED CONDUCT: DISCIPLINE: EMPLOYEE ASSISTANCE A. Prohibited Conduct: In order to maintain an alcohol-and drug-free workplace, the following behavior is prohibited, whether on the part of employees, contractors or volunteers: 1. Controlled substances: Employees, contractors and volunteers are prohibited from the manufacture, distribution, dispensing, possession, sale, trade, or use of alcohol or a controlled substance in any and all workplaces of the County. "Alcohol" includes alcohol in closed or sealed cans, bottles, or other container. 2. Reporting to work under the influence of alcohol or a controlled substance: Employees, contractors and volunteers are prohibited from possessing or using alcohol during working hours and from reporting to a County workplace during working hours under the influence ofalcohol or a controlled substance. In addition, safety drivers are prohibited from reporting for work within four hours after using alcohol. 3. Unlawful use ofprescription medication: Employees, contractors and volunteers are prohibited from the unlawful use of prescription medication. 4. Inability to perform duties: The lawful use of prescription medication is permitted, unless such medication impairs the functioning of an employee, contractor or volunteer to the extent that he/she cannot safely and effectively perform hislher duties. If the function of an employee or volunteer appears impaired to such an extent that he/she cannot safely and effectively perform hislher duties, the County of Amador reserves the right, to be exercised at the discretion of the employee's or volunteer's Department Head or the Administrative Director, to require that the employee obtain medical clearance prior to performing further work duties. 5. Reporting: A supervisor who has reasonable cause to suspect that any employee is violating or has violated any provision of this Policy shall report that suspected violation immediately to his or her immediate superior and simultaneously to the County Administrative Director. A supervisor's failure to report immediately the suspected violation is prohibited conduct of the supervisor and may lead to ,disciplinary action against the supervisor. The purpose of this section is to allow the County to conduct testing and inspection immediately. Supervisors reporting safety drivers shall have received training in accordance with DOT regulations. B. Disciplinary Actions for Violation of this Policy: Violation of this policy by an employee shall constitute just and sufficient cause for major diScipline of an employee, up to and including termination. Discipline of an employee will be imposed in accordance with the provisions outlined in the current employee bargaining agreement. Volunteers in violation of this policy are subject to the termination under the terms as outlined in Amador County Policy #2-245-Use of Non-County Employees (Volunteers and Agency Placements). EXHIBIT 0 COUNTY OF AMADOR Number POLICY & PROCEDURES MANUAL 2-300 SECTION: HUMAN RESOURCES ALCOHOL-FREE AND DRUG-FREE WORKPLACE; DRUG & ALCOHOL TESTING ISSUE DATE: August 6, 2002 PAGE NO: 6 of 12 c. One-Time Disciplinary Waiver: An employee with a substance abuse problem (including the abuse of illegal drugs and/or alcohol) who is facing disciplinary action for behavior relating to such substance abuse may, subject to County approval/discretion, on a one-time basis, receive a waiver of such discipline under the following conditions: 1. The employee seeks qualified assistance through the EAP, or a qualified provider of the individual's choice, and the County and the employee allow Program staff to conduct an evaluation of the problem with a recommendation for a "Get Well Program". T~is is defined as a program designed to provide the employee with a means of receiving treatment while being allowed to keep his/her job. 2. The employee shall meet all the conditions and requirements of the "Get Well Program" subject to verification by the County. 3. The employee will be subject to unannounced follow-up testing for a period not to exceed five (5) years. A positive test during this period will constitute the equivalent of a voluntary resignation. Safety drivers are subject to additional requirements as set forth in Section III below. D. Conviction Under A Drunk Driving Or Criminal Drug Statute 1. Employee's obligation: An employee shall notify the Administrative Director of the County of Amador in writing of that employee'S conviction under a criminal drug statute for a violation occurring in the workplace no later than five (5) days after such conviction. In addition, any person required to operate a vehicle on County business (including County vehicles or any other vehicle) shall notify the Administrative Director in writing if his or her license has been suspended no later than five (5) days after such suspension. Failure to make such a notification shall constitute a violation of this policy. 2. County's obligation: Within thirty (30) days after receiving notice from an employee of a conviction under a criminal drug statute for a violation occurring in the workplace, the County shall take appropriate personnel action against the employee, up to and including termination (in accordance with the provisions outlined in the current employee bargaining agreement), or require that the employee participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health law enforcement, or other appropriate agency. E. Employee Assistance: Everyone shares in the responsibility of maintaining a safe work environment, and drug and alcohol abuse are recognized as treatable conditions. 1. County Responsibility: It is the responsibility of supervisors to inform, advise, and refer employees to the Employee Assistance Program (EAP) whenever they see changes in performance or behavior that suggest an employee has a drug and/or alcohol problem. Although it is not the supervisor's job to diagnose personal problems, the employee should be encouraged to seek help, and the supervisor should provide information concerning available resources. COUNTY OF AMADOR POLICY & PROCEDURES MANUAL EXHIBITD Number 2-300 SECTION: HUMAN RESOURCES ALCOHOL-FREE AND DRUG-FREE WORKPLACE; DRUG & ALCOHOL TESTING ISSUE DATE: August 6, 2002 PAGE NO: 7 of 12 2. Employee Assistance Program (EAP): The EAP is available to assist employees who may have a drug and/or alcohol usage problem. Employees are urged to seek confidential assistance from the EAP; however, while Amador County will be supportive of those who voluntarily seek help, the County will be equally firm in identifying and disciplining thos·e who abuse drugs and/or alcohol and fail to seek assistance or those who continue such abuse after assistance has been provided. 3. Treatment/Rehabilitation: If an employee acknowledges that he/she has a substance abuse problem (including abuse of illegal drugs and/or alcohol), and has not been subject to any form of disciplinary action for this reason, a one-time medical leave of absence may be granted upon prior approval of the County. This leave will be for the sole purpose of participation in a County-approved treatment/rehabilitation program, will be without pay, must have the recommendation of the Department Head, and will be for a maximum of ninety (90) days. An agreement will be executed by the employee and the County known as a "Back to Work Agreement" which will spell out the conditions and terms for said leave. Reasonable accommodation under the Americans with Disabilities Act is available for those suffering from alcoholism, but does not apply to alcohol-related misconduct or to illegal drug use. An employee suffering from alcoholism who believes that he/she is in need of reasonable accommodation should discuss his/her needs with his/her Department Head or with the Administrative Director. 4. Post Rehabilitation: The County reserves the right to conduct unannounced followup testing as a condition of employment for an employee returning from a voluntary rehabilitation program for a period of up to five (5) years following completion of the program and return to work. Failure to adhere to the terms and conditions of the "Back to Work Agreement" or a violation in any other manner of the conditions outlined in this policy will result in immediate termination. For safety drivers, the County shall refer the employee to a substance abuse professional and conduct follow-up testing in accordance with DOT regulations. 5. Supervisoty Training: All supervisors shall receive at least 60 minutes of training on alcohol misuse and an additional 60 minutes training on controlled substances use. The training will be used by supervisors to determine whether reasonable suspicion exists to require an employee to undergo testing. The training shall include the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. III. TESTING A. Reasonable Suspicion Testing 1. Upon reasonable cause, the County shall require any employee, contractor or volunteer to be tested for the use of controlled substances and/or alcohol. An employee, contractor or volunteer shall submit to testing, upon reasonable cause, for the use of controlled substances and/or alcohol when requested to do so by the County. COUNTY OF AMADOR POLICY & PROCEDURES MANUAL EXHIBITD Number 2-300 SECTION: HUMAN RESOURCES ALCOHOL-FREE AND DRU~-FREE WORKPLACE; I ISSUE DATE: August 6, 2002 PAGE NO: 8 of 12 DRUG & ALCOHOL TESTING 2. The conduct giving rise to the suspicion shall have been witnessed by a supervisor, who shall document the reasons for the reasonable suspicion testing within 24 hours of the observed behavior or before the results of the tests are released, whichever is earlier. In addition, if the conduct giving rise to the reasonable suspicion consists of visible signs of possible intoxication or influence of drugs or alcohol, or a pattern.of abnormal conduct or erratic behavior consistent with the use of drugs or alcohol, then the witness must have received training in the identification of actions, appearance, or conduct that are indicative of the use of controlled substances and alcohol. 3. If the County directs an employee to undergo drug or alcohol testing based on a reasonable suspicion, the employee will be (a) immediately transported to a collection site for the collection of a breath or urine sample, and (b) placed on administrative leave from the time of the initial testing until the results are received and reviewed by the County. If the employee is being required to undergo a reasonable suspicion test, the employee shall be so informed and shall not be told that the test is any other type. In the event the results are positive, the employee will be in violation of this policy and subject to disciplinary action as set forth above. The County shall ensure that all reasonable suspicion tests are performed in conformance with federal testing requirements. B. Additional Testing Requirements for Safety Drivers In addition to the Reasonable Suspicion Testing applicable to all employees, safety drivers shall also be subject to additional testing as set forth below. 1. Pre-employment Testing: Prior to the first time a safety driver begins to perform safety-sensitive functions in his or her employment, the safety driver must have passed a controlled substances test with a verified negative test result. 2. Random Testing Requirements: The County shall use a random selection process to select and request safety drivers to be tested for the use of controlled substances and/or alcohol. The number of tests conducted shall be unannounced, shall be spread throughout the calendar year, and shall equal or exceed the percentage of safety driver positions for which testing is required by law (10% for alcohol testing and 50% for controlled substances testing, unless modified by the Federal Highway Administrator). Any safety driver so selected shall submit to controlled substance or alcohol testing upon notification by the County. The sample shall consist of a breath test for alcohol testing or a urine specimen for controlled substance testing, and the test shall be performed in conformance with federal testing requirements. 3. Post-Accident Testing: As soon as practicable following an accident involving a County vehicle, the County shall require a safety driver to provide a urine sample and breath sample to be tested for the use of controlled substances and alcohol respectively if (i) the accident involves the loss of human life, or (ii) the driver receives a citation for a moving traffic violation and the accident involves either bodily injury to a person necessitating medical treatment away from the scene of the accident, or disabling damage to one or more motor vehicles necessitating transportation from the scene by a two truck or other motor vehicle. No alcohol test EXHIBITD COUNTY OF AMADOR Number POLICY & PROCEDURES MANUAL 2-300 SECTION: HUMAN RESOURCES ALCOHOL-FREE AND ISSUE DATE: August 6, 2002 DRUG-FREE WORKPLACE; PAGE NO: 9 of 12 DRUG & ALCOHOL TESTING controlled substances test shall attempt to be administered after thirty-two hours following the accident. A safety driver who is subject to post-accident testing shall remain readily available for such testing or may be deemed to have refused to submit to testing; however, nothing in this section shall be construed to require the delay of ne~essary medical attention for injuries or to prohibit a safety driver from obtaining assistance or necessary emergency medical care. 4. Return-to-duty Testing: Any safety drive~ found to have engaged in conduct prohibited by this policy concerning alcohol shall undergo a return-to-duty alcohol test, which must show a result indicating an alcohol concentration of less than 0.02. Any safety driver found to have engaged in conduct prohibited by this policy concerning controlled substances shall undergo a return-to-duty controlled substances test, which must show a verified negative result for controlled substances use. 5. Follow-up Testing: Each safety driver who engages in conduct prohibited by this policy and Federal regulation shall be referred to and evaluated by a substance abuse professional, who shall determine what assistance, if any, the employee needs to ) resolve problems associated with alcohol or controlled substances abuse. For any safety driver determined to need such assistance, the ,substance abuse professional shall ascertain if the employee has followed any prescribed rehabilitation program and shall design a system of unannounqed follow-up testing following the employee's return to duty. At least six follow-up tests shall be conducted in the first twelve months following the return to duty. Follow-up testing may occur for periods up to five years, as determined by the substance abuse professional. All follow-up testing for safety drivers shall be conducted in accordance with Federal regulations. C. Refusal to Submit to Testing Procedures Any employee who refuses to be tested under the provisions of this policy shall be treated as if he or she had submitted a positive test, and the employee shall be subject to discipline in accordance with the employee's covered Memorandum of Understanding. In addition, any safety driver who refuses to be tested under the provisions of this policy shall not be permitted to operate a county vehicle or to perform any safety-sensitive job function. D. Notification, Recording, and Confidentiality of Test Results 1. Notification of Test Results: a. The Medical Review Officer shall report to the County whether a safety driver's test was positive or negative and, with regard to controlled substances, identify if possible the specific controlled substance for which the test was positive. b. The County shall notify the driver if the tests results of any random, reasonable suspicion, post-accident, return-to-duty or follow-up testing is verified positive, including identification of the substance or substances that were verified as positive. EXHIBIT 0 COUNTY OF AMADOR POLICY & PROCEDURES MANUAL Number 2-300 SECTION: HUMAN RESOURCES ALCOHOL-FREE AND ISSUE DATE: August 6, 2002 DRUG-FREE WORKPLACE; ....... PAGE NO: 100f12 DRUG & ALCOHOL TESTING a. The County shall ensure that all records related to the administration and results of the testing program for safety drivers shall be maintained for such period as shall be required by applicable regulations. b. All records shall be maintained in a secure location with controlled access. c. The County shall maintain the following information in separate files for each safety driver: the type of testing for which the driver submitted a breath or urine sample, the date and location of collection, the identity of the persons or entities performing the collection and the analysis of the specimen, the,identity of the medical review officer, whether the test finding was positive or negative, and if positive, the substance identified in the test. d. The County shall produce upon demand by any Department of Transportation agency and permit! the Federal Highway Administrator to examine all records related to the administration and results of the testing performed pursuant to this policy. 3. Confidentiality: All controlled substance or alcohol test results shall be kept confidential and not subject to disclosure except as provided in this policy or otherwise required by State or federal law. IV. ALCOHOL AND DRUG-FREE AWARENESS The County shall distribute and explain this policy to all current employees, new employees, volunteers, and contractors. Each employee and contractor will be required to sign a receipt acknowledging that they have read and understood its contents and will abide by the policy as a condition of employment/contract. (see Attachments /I A" and "B"). RESPONSIBLE DEPARTMENTS ADMINISTRATIVE AGENCY -Personnel Division REFERENCES BOS Policy Resolution No. 95-311 BOS Policy Resolution No. 97-120 BOS Policy Resolution No. 98-002 BOS Policy Resolution No. 99-42 BOS Policy Resolution No. 00-443 BOS Policy Resolution No. 01-072 BOS Policy Resolution No. 01-366 BOS Policy Resolution No. 02-367 California Government Code Section 8350 et seq. 41 U.s.c. Chapter 10 49 C.F.R. Part 382 49 C.F.R. Part 40 Use of Non-County Employees (Volunteers and Agency Placements) -Policy No. 2-245 Employee Assistance Program (EAP) -Policy No. 2-600 EXHIBITD Number COUNTY OF AMADOR POLICY & PROCEDURES MANUAL 2-300 SECTION: HUMAN RESOURCES ALCOHOL-FREE AND ISSUE DATE: August 6, 2002 DRUG-FREE WORKPLACE; PAGE NO: 11 of 12 DRUG & ALCOHOL TESTING ATTACHMENT "A" ALCOHOL-FREE AND DRUG-FREE WORKPLACE AND DRUG & ALCOHOL TESTING POLICY ACKNOWLEDGMENT FORM I hereby certify that I have received a copy of the AMADOR COUNTY ALCOHOL-FREE AND DRUG-FREE WORKPLACE AND DRUG & ALCOHOL TESTING POLICY concerning maintenance of an alcohol-free and drug-free workplace-as required by ~1 U .S.c. Chapter 10 and California Government Code Section 8350 et seq.; and drug and alcohol testing as required by the Federal Highway Administration, 49 C.F.R. Part 382 and Department of Transportation procedures for transportation workplace drug testing programs, 49 C.F.R. Part 40. I have read and understand the provisions outlined in the policy, and I agree that I will abide by that policy as a condition of my employment or contract with the County of Amador. I acknow ledge that if I violate the Amador County Alcohol-Free and Drug-Free Workplace and Drug & Alcohol Testing Policy, J will be subject to disciplinary action, up to and including immediate termination of employment, or termination of my contract with the County of Amador. I agree that I will notify my immediate supervisor of any criminal drug statute conviction for a violation occurring at my workplace no later than five (5) days after such conviction, and if I am required to operate a County vehicle or drive on County business, I will report any suspension of my driver's license. Federall.D. No.: ____________________ Print Name: ______________________ Department: ______________________ ______________________ Date:____________Signed: ATTACHMENT "B" ALCOHOL-FREE AND DRUG-FREE WORKPLACE AND DRUG & ALCOHOL TESTING POLICY ACKNOWLEDGMENT FORM FOR CONTRACTORS The undersigned, authorized signatory for ____--', Inc. (the "Contractor"), certifies as follows: 1. Contractor has received a copy of the AMADOR COUNTY ALCOHOL-FREE AND DRUGFREE WORKPLACE AND DRUG & ALCOHOL TESTING POLICY concerning maintenance of an alcohol-free and drug-free workplace as required by 41 U.S.c. Chapter 10 and California Government Code Section 8350 et seq.; and drug and alcohol testing as required by the Federal Highway Administration, 49 C.F.R. Part 382 and Department of Transportation procedures for transportation workplace drug testing programs, 49 C.F.R. Part 40. ' 2. All of Contractor's officers, sub-contractors, and agents who perform services pursuant to the ContraCt to which this Attachment "B" is attached will abide by that policy as a condition of the Contract. 3. If any of such officers, employees, sub-contractors, or agents violates the Amador County Alcohol-Free and Drug-Free Workplace and Drug & Alcohol Testing Policy, the County of Amador may terminate the Contract immediately. Federal 1.0. No.: ____________________ Print Name: ______________________ Signed: _______________________ Date:.____________ Title: THE COUNTY OFAMADOR GENERAL SERVICES ADMINISTRATION EXHIBITE FAA PROVISIONS for AlE CONTRACTS at AMADOR COUNTY AIRPORT CIVIL RIGHTS ACT OF 1964, TITLE VI-CONTRACTOR CONTRACTUAL REQUIREMENTS During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1.1 Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 1.2 Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement ofmaterials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B ofthe Regulations. 1.3 Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shaH be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 1.4 Information and Reports. The contractor shan provide all information and reports required by the Regulations or directives issued pursuant thereto and shan permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 1.5 Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the sponsor shan impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 1.6 Incorporation of Provisions. The contractor shaH include the provisions of paragraphs I through 5 in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shaH take such action with respect to any subcontract or procurement as the sponsor or the FAA may direct as a means ofenforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Application Requited in all contracts and subcontracts Reference 49 CFR Part 21 AC 150/5100-15 AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982, SECTION 520 -GENERAL CIVIL RIGHTS PROVISIONS The contractor assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds ofrace, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefitting from Federal assistance. This provision obligates the tenant! concessionaire/lessee or its transferee for the period during which Federal assistance is extended to the airport a program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport sponsor or any transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision of similar services or benefits or (b) the period during which the airport sponsor or any transferee retains ownership or possession ofthe property. In the case of contractors, this provision binds the contractors from the bid solicitation period through the completion ofthe contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. Application Incorporate in all contracts funded under AlP Reference Airport and Airway Improvement Act of 1982, Section 520Title 49 47123AC 150/5100-15, Para. 10.c. DISADVANTAGED BUSINESS ENTERPRISES Contract Assurance (§26.13) -The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance ofthis contract. The contractor shall carry out applicable requirements of49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination ofthis contract or such other remedy, as the recipient deems appropriate. Prompt Payment (§26.29) -The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than {specify number{ days from the receipt of each payment the prime contractor receives from {Name ofrecipient{. The prime contractor agrees furth~r to return retainage payments to each subcontractor within [specify the same number as above] days after the subcontractor's work is satisfactorily completed. Any delay or postponement ofpayment from the above referenced time frame may occur only for good cause following written approva1 of the {Name ofRecipient}. This clause applies to both DBE and non-DBE subcontractors. Application The contract assurance clause shall be incorporated verbatim. The prompt payment clause represents sample language that meets the requirements of49 CFR Part 26.29. Recipients should refer to the language included their approved DBE program Reference 49 CFR Part 26 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES (I) No Federal appropriated funds shall be paid, by or on behalf of the contractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congr~ss, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall complete and submit Standard Form-LLL, "Disclosure of Lobby Activities," in accordance with its in~6uctions. Application Required in all contracts and subcontracts Reference 49 CFR Part 20, Appendix A ACCESS TO RECORDS AND REPORTS The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives access to any books, documents, papers, and records of the contractor which are directly pertinent to the specific contract for the purpose ofmaking audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than threeyears after final payment is made and all pending matters are closed. Application Incorporate into all procurement contracts that funded by AlP funds Reference 49 CFR Part 18.36(1) FAA Order 5100.38 BREACH OF CONTRACT TERMS Any violation or breach oftenns of this contract on the part of the contractor or their subcontractors may result in the suspension or tennination ofthis contract or such other action that may be necessary to enforce the rights of the parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. Application The FAA does not prescribe the exact language to be incorporated. The above clause represents sample language that addresses the requirements of49 CFR Part 18.36(i)( 1). This provision requires grantees to incorporate administrative, contractual or legal remedies in instances where contractors violate or breach contract tenns. Grantees should consult with their legal counsel to develop the appropriate clause that meets the minimum requirements of49 CPR Part 18.36. This provision is required in all contracts that exceed the simplified acquisition threshold, presently set at $100,000. Reference 49 CPR Part 18.36 RIGHTS TO INVENTIONS All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the Sponsor of the Federal grant under which this contract is executed. Application Incorporate into all procurement contracts that funded by AlP funds Reference 49 CFR Part 18.36(1)(8) FAA Order 5100.38 TRADE RESTRICTION CLAUSE The contractor or subcontractor, by submission of an offer and/or execution of a contract, certifies that it: a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. finns published by the Office of the United States Trade Representative (USTR); b. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals ofa foreign country on said list; c. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. Unless the restrictions of this clause are waived by the Secretary ofTransportation in accordance J with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the contractor knowingly procures or subcontracts for the supply ofany product or service of a foreign country on said list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract at no cost to the Government. Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. This certification is a material representation offact upon which reliance was placed when making the award. If it is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at no cost to the Government. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certitication may render the maker subject to prosecution under Title 18, United States Code, Section 1001. Application Incorporate into all contracts funded by AlP. Reference 49 CFR Part 30.13 FAA Order 5100.38 VETERAN'S PREFERENCE In the employment oflabor (except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 515(c)(1) and (2) of the Airport and Airway Improvement Act of 1982. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. Application Incorporate into all construction contracts financed under the AlP program. Reference Title 49 U.S.C. 47112©) Advisory Circular ISO/51 00-6d TERMINATION OF CONTRACT a. The Sponsor may, by written notice, terminate this contract in whole or in part at any time, either for the Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice services shall be immediately discontinued (unless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to the Sponsor. b. If the termination is for the convenience ofthe Sponsor, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. c. Ifthe termination is due to failure to fulfill the contractor's obligations, the Sponsor may take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the Sponsor fo; any additional cost occasioned to the Sponsor thereby. d. If, after notice of termination for failure to fulfill contract obligations, it is determined that the contractor had not so failed, the termination shall be deemed to have been effected for the convenience of the Sponsor. In such event, adjustment in the contract price shall be made as provided in paragraph 2 of this clause. e. The rights and remedies of the sponsor provided in this clause are in addition to any other rights and remedies provided by law or under this contract. Application Incorporate into all procurement contracts that funded by AlP funds that exceed $10,000. Reference 49 CFR Part 18.36(1)(2) FAA Order 5100.38 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION The bidder/offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal. that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offeror/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. Application Incorporate into all contracts that exceed $25,000, which funded under the AlP. Incorporate in all contracts for auditing services regardless ofthe contract amount. Reference 49 CFR Part 29 FAA Order 5100.38 AGENDA TRANSMITTAL FORM Regular Agenda Consent Agenda To: Board of Supervisors Blue Slip Closed Session June 17,2009Date: Meeting Date Requested: Susan C. Grijalva From: Phone Ext. _3_80_____ June 30, 2009 .. (Department H~0type) /7!"A Department. Head signatJra -.W./1.A -( ~l1t~~~ Agenda Title: ",-. Jl~" Planning Department-Consider adoption ofa'Resolutiori ofInt"ntion toInitiat. Proceedings to Amend Title 19 (Zonin§) asit relates the use ofRecreational Vehicles as Housing .. ......... ....... '. .'...... . .'. . Summary: (Provide detailed summary of thepurpos~ of this item; attach additional p~geif necessary) The County's Housing Element contains Implementation Program D.l--Re-Evaluate the Use of Recreational Vehicles for Housing--which calls for an amendment to the Zoning Code. toexparid thedefmition of hardship to include.those resulting in sudden reduction in income (e.g., death of a spouse, divorce, loss of a job, etc.). Staff has prepared, for the Board of Supervisors' consideration, a Resolution of Intention to initiate the process to develop a proposed ordinance to provide for the use of recreational vehicles for housing during times of economic hardship. ~~Spil'R~8arg~~~8f1~fliate proceedings to consider amending Title 19 (Zoning) to provide for the use ofrecreational vehicles for housing ~uring times ofeconomic hardship. Fiscal Impacts (attach budget transfer form if appropriate) Staffing Impacts Is a 4/5ths vote required? Contract Attached: Yes No N/A X Yes No X Resolution Attached: Yes X No N/A Committee Review? N/A X Ordinance Attached Yes No N/A X ---Name Comments: Committee Recommendation: Request Revie~: ~ Chairman ~ ~ Counsel @..< Auditor _....;tft'l-"~'l-p·---j~'-'---'\--:-____________ GSA Director (;I..~I..L'fR~.------------------- 'L CAO '0/t-J./J Distribution Instructions: (lnte!pepartmental Only, the requesting Department is responsible fb distribution outside County Departments) Planning Department. V FOR CLERK USE ONLY Meeting Date Time Item # Board Action: Approved Yes_ No__ Unanimous Vote: Yes_No_ Ayes: __~.~__ Resolution _ _______ Ordinance Other: Noes _____ Resolution _ ________Ordinance Absent: Comments: A new ATF is required from I hereby certify this is a true and correct copy of action(s) taken and entered into the official Distributed on records of the Amador County Board of Supervisors. Department ATTEST: ___________________________________ Completed by For meeting Clerk or Deputy Board Clerk of BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY OF AMADOR, STATE OF CALIFORNIA IN THE MATTER OF: RESOLUTION OF INTENTION TO INITIATE ) PROCEEDINGS TO AMEND TITLE 19 ) (ZONING) OF THE AMADOR COUNTY CODE ) RESOLUTION NO. 09-XXX TO FACILITATE IMPLEMENTATION OF ) PROGRAM D.l OF THE AMADOR COUNTY ) HOUSING ELEMENT PERTAINING TO THE ) USE OF RECREATIONAL VEHICLES FOR ) HOUSING DURING TIMES OF ECONOMIC ) HARDSHIP. ) WHEREAS, the Amador County Board of Supervisors adopted revisions to the County's Housing Element; and WHEREAS, in order to carry out some of those goals, policies, and implementation programs review and changes to county code are required. NOW, THEREFORE, BE IT HEREBY RESOLVED the Board of Supervisors of the County of Amador, State of California, does hereby adopt a Resolution of Intention to initiate proceedings to amend Title 19 (Zoning) to facilitate the implementation of Program D.l of the Amador County Housing Element. The foregoing resolution was duly passed and adopted by the Board of Supervisors of the County of Amador at a regular meeting thereof, held on the 30th day of June, 2009 by the following vote: AYES: NOES: ABSENT: Theodore F. Novelli CHAIRMAN, Board of Supervisors ATTEST:____________ JENNIFER BURNS, Clerk ofthe Board of Supervisors, Amador County, California By: ________________ Goals, Policies, Implementation Programs D.k Identify Special Housing Need Areas Prepare a map identifying those areas ofthe county identified in Census 2000 as having above-average family sizes and provide this infonnation during preapplication meetings with developers pursuing construction ofaffordable housing so that they may include 2 and 3+ bedroom units in affordable housing projects .. Map the general locations ofpoverty pockets in the county. The county should investigate the benefits ofestablishing redevelopment districts to assist in improving housing conditions for seniors in those communities. D.I Re-Evaluate the Use ofRecreational Vehicles for Housing Draft an amendment to the Zoning Code to expand the definition ofhardship to include those resulting in sudden reductions in income (e.g., death ofa spouse, divorce). D.m Adopt a Reasonable Accommodation Procedure The county will draft and adopt a program. addressing reasonable accommodation for persons with disabilities based on the model ordinance included in Appendix I including, but not limited to, the following: • Providing notice to the public ofthe availability ofan accommodation process The notice will be prbvided at all counters where applications are made for a permit, license or other authorization for siting, funding, development or use ofhousing. • Procedures for requesting reasonable accommodation. including prsmaration ofa Fair Housing Accommodation Request fonn and designating the appropriate individual. committee. commission or body res,ponsible for acting on requests • Review procedures for requests for reasonable accommodation, including provisions for issuing a written decisions within 30 days ofthe date ofthe application • Criteria to be used in considering requests for reasonable accommodation • Appeal procedure for denial ofa request for reasonable accommodation AGENDA TRANSMITTAL FORM Regular Agenda Consent Agenda To: Board of Supervisors Blue Slip Closed Session June 22, 2009 Date: Meeting Date Requested: Terri Daly, CAO From: Phone Ext. ....x_47....0_____June 30, 2009 (Department Head -please type) Department Head Signature Agenda Title: Second Amendment to Consulting Services Agreement with Karl Knobelauch Summary: (Provide detailed summary of the purpose of this item; attach additional page if necessary) . and possible action relative to approval of a Second Amendment to Consulting Services Agreement with Karl Knobelauch to InrnV1lnp. professional assistance in the area ofhuman resources, employee negotiations, and administrative issues. The second amendment extend the agreement until June 30,2010. The second Amendment also reduces the hourly rate ofcompensation by ten percent for period ofthe extension. . Recom Fiscal Impacts (attach budget transfer form if appropriate) Staffing Impacts NIA Contract Attached: Yes Noxxxx N/AYes No xxxx Resolution Attached: Yes Noxxxx N/A Committee Review? N/A Ordinance Attached Yes Noxxxx N/A Name Comments: Committee Recommendation: Request Reviewed bY4: Chairman J-U Counsel~~~__~~__________~________________~__ Auditor GSA Director CAO Risk Ma/laglem4:l'J!:~;;2______________ Distribution Instructions: ( Only, the requesting Department is distribution outside County Departments) SECOND AMENDMENT TO CONSULTING SERVICES AGREEMENT THIS SECOND AMENDMENT TO CONSULTING SERVICES AGREEMENT (this "Second Amendment") is made as of , 2009 by and between COUNTY OF AMADOR, a political subdivision of the State of California ("County") and KARL KNOBELAUCH ("Contractor"). RECITALS A. County and Contractor executed an agreement (the "Original Agreement") dated as of November 20, 2007 whereby Contractor agreed to provide professional assistance in the area of human resources, employee negotiations, and administrative issues, upon,the terms and conditions set forth in the Original Agreement. The Original Agreement was modified by that certain First Amendment to Consulting Services Agreement dated as of June 3,2008. The Original Agreement, as amended by the First Amendment, is referred to herein as the "Agreement." B. County and Contractor desire to modify the Agreement as set forth in this Second Amendment. NOW, THEREFOR, the parties agree as follows: 1. Section 5, "Compensation to Contractor," shall be modified to read as follows: 5. COMPENSATION TO CONTRACTOR. County shall pay Contractor the sum of $45 per hour for services rendered pursuant to this Agreement. Contractor shall submit monthly invoices indicating hours of work expended and progress toward completion of each task. 2. Section 20, "Term," shall be modified to read as follows: 20. TERM. The term of this Agreement shall extend until June 30, 2010; provided, however, that compensation hereunder for fiscal year July 1, 2009-June 30,2010 shall not exceed $50,000. This Agreement may be extended upon mutual concurrence by all parties. 3. Except as set forth in this Second Amendment, the Agreement shall remain unmodified and in full force and effect. IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the date first set forth above. COUNTY OF AMADOR CONTRACTOR: BY:____________________________ Chairman, Board of Supervisors ~~~ Karl Knobelauch '---... Federal LD. No.: 563-84-1261 APPROVED AS TO FORM: ATTEST: OFFICE OF THE COUNTY COUNSEL CLERK OF THE BOARD OF SUPERVISORS COUNTY OF AMADOR ::UNgz:A~ BY:~V.~ I AGENDA TRANSMITTAL FORM Regular Agenda To: Consent Agenda Board of Supervisors Blue Slip Closed Session June 22, 2009 Date: Meeting Date Requested: Theodore F. Novelli, Chairman From: Phone Ext. x470June 30, 2009 ------( Department Head -please type) rtment Head. nature Agenda Title: Board ofSupervisors Summary: (Provide detailed summary of the purpose of this item; attach additional page if necessary) l.llllUlll1.III"'.•clUJ County Transportation Commission: June 24, 2009 Use Committee Meeting: June 25, 2009 I>,.,,,,,,,.rh, Committee Meeting: June 26, 2009 Committee Meeting: June 29,2009 Recommendation/Requested Action: Fiscal Impacts (attach budget transfer form if appropriate) Staffing Impacts N/A Is a 4/5ths Contract Attached: Yes No xxxx N/A Yes No xxxx Resolution Attached: Yes No xxxx N/A Committee Review? N/A Ordinance Attached Yes Noxxxx N/A Name Comments: Committee Recommendation: Request Reviewed by: Counsel ____________________________________________ Chairman Auditor GSA Director CAO Risk Management Distribution Instructions: (Inter-Departmental Only. the requesting Department is responsible for distribution outside County Departments) AGENDA TRANSMITTAL FORM Regular Agenda Consent Agenda To: Board of Supervisors Blue Slip Closed Session June 24, 2009 Date: Meeting Date Requested: Theodore F. Novelli, Chainnan ofthe Board From: Phone Ext. x470June 30, 2009 ------( Department Head -please type) Department He.ad Signature Agenda Title: Minutes Summary: (Provide det;:tiled summary of the ~rposeof this item; attach additional page if necessary) .~<::iV"::;W and approval ofthe June 23, 2009 Board ofSupervisors Minutes as presented or revised. Fiscal Impacts (attach budget transfer form if appropriate) Staffing Impacts N/A Contract Attached: Yes No xxxx N/A Yes No xxxx Resolution Attached: Yes No xxxx N/A Committee Review? N/A Ordinance Attached Yes No xxxx N/A Name Comments: Committee Recommendation: Request Reviewed by: Counsel ___________________________________ Chairman Auditor ___________________ GSA Director CAO Risk Management Distribution Instructions: (Inter-Departmental Only. the requesting Department is responsible for distribution outside County Departments) AGENDA TRANSMITTAL FORM Regular Agenda To: Board of Supervisors Consent Agenda Blue Slip Closed SessionJune 22, 2009 Date: Meeting Date Requested: John Plasse, District I Supervisor From: Phone Ext. ..;.;x;.;,.47.;...O_____ June 30, 2009 (Department Head -please type) Department Head Signature Agenda Title: Amador County Museum Summary: (Provide detailed summary of the purpose ofthis item; attach additional page if necesSary) 1J...I,l'-;I,;ILl'-;'-;'~·lIII relative to future operations ofthe Amador County Museum and the potential for operations ofmuseum by,Amador County IllJL'-;LlJ1Ul,;ill Society. Action: Fiscal Impacts (attach budget transfer form if appropriate) Staffing Impacts N/A Contract Attached: Yes NoXXXX N/AYes No xxxx Resolution Attached: Yes Noxxxx N/ACommittee Review? N/A Ordinance Attached Yes Noxxxx N/AName Comments: Committee Recommendation: Chairman Counsel @' Auditor GSADirector~_________________ CAO Risk Management Only, the requesting Department is responsible for distribution outside County Departments) AGENDA TRANSMITTAL FORM Regular Agenda To: Board of Supervisors Consent Agenda Blue Slip Closed Session June 25, 2009 Date: Meeting Date Requested: Terri Daly, CAO From: Phone Ext. x470 June 30, 2009 -------(Department Head -please type) Department Head Signature Agenda Title: 2009 Energy Efficiency and Conservation Block Grant Program . Summary: (Provide detailed summary of the purpose of this item; attach additional page if necessary) IUllISCLllSlS.LUll and possible action relative to the subject Program which could generate funds to assist in the Amador Water Agency Gravity I:SUIPP!Ly Line project. Fiscal Impacts (attach budget transfer form if appropriate) Staffing Impacts N/A Is a 4/5ths vote required? Contract Attached: Yes NoxxxX N/A . Yes No xxxx Resolution Attached: Yes Noxxxx N/A Committee Review? N/A Ordinance Attached Yes Noxxxx N/A Name Comments: Committee Recommendation: Request Reviewed by: Counsel ____________________________________________ Chairman Auditor GSA Director CAO Risk Management Distribution Instructions: (Inter-Departmental Only, the requesting Department is responsible for distribution outside County Departments)