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HomeMy WebLinkAbout2009-06-03 PacketCITY O, UKIAH RegularCITY COUNCIL AGENDA r CIVIC CENTER • ► ■ ,13 oil frCfFrJ—AKCr-'&fJ.1Ukiah, CA 95482 June 3, 2009 6:00 • 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Presentation to Brief Council on the State of Tourism in Mendocino County b. Proclamation United States Army Week, Jun 8-14, 2009 5. APPROVAL OF MINUTES a. Regular Minutes of May 20, 2009 b. Special Minutes of May 7, 2009 C. Special Minutes of May 14, 2009 d. Regular Minutes of May 6, 2009 6. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 7. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Report the Purchase of an Eagle 440/Eagle Class PQ Wireless Digital Recorder and an IVS2SX Socket Recorder in the Amount of $9,949.02. b. Award Purchase of Pole Mount and Pad Mount Transformers for the Total Amount of - $49,712.91 C. Notification of Purchase of LCD Flat Panel Computer Monitors from Best Buy for Business in the Amount of $6,339.00. d. Award the Purchase of an Infoprint 6500-V10 Impact Printer to CDW-G, Inc. in the Amount of $10,656.20. e. Report on the Disposition of Surplus Materials, Used Equipment and Supplies f. Report to City Council Regarding the Purchase of 1600 Pounds of Pulsar Plus Chlorine Briquettes from Lincoln Equipment Co, Inc for the Ukiah Municipal Swimming Pools in the Amount of $5,002.50. g. Adoption of Ordinance Regulating How Multi -Unit Properties and Apartment Buildings and Complexes Charge Tenants for Water and Sewer Service to a Master Meter Serving Those Facilities. h. Mendocino Solid Waste Management Authority (MSMWA) Annual Report, Budget Review of Fiscal 2008/2009, and Proposed Budget for Fiscal 2009/2010 i. Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite Construction of Gobbi Street Water Well j. Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite Construction of Oak Manor Water Well k. Update Report on Local Emergency Declaration Regarding Drought and Water Shortage Status 8. AUDIENCE COMMENTS ON NON -AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 10. UNFINISHED BUSINESS a. Review and Possible Adoption of a Resolution Opposing the Mendocino Crossings Masonite Mixed Use Specific Plan b. Award of Contract for Manhole Rehabilitation and Sewer Pipe Relining, Specification No. 09- 07 C. Adopt Resolution Authorizing the City Manager to Award the Bid for Rehabilitation of the Ukiah Railroad Depot, Specification No. 08-09 d. Discussion and Possible Approval of Revisions to Petitions to Amend Appropriative Water Rights Permit e. Resolution of Bid Protest and Award of Contract for the Orchard Avenue Bridge Construction Project - Specification Number 08-10. 11. NEW BUSINESS a. Discuss, Consider and Approve to Either Continue or Withdraw as a Member in the Mendocino County Youth Project Joint Powers Agreement and Authorize the City Manager to Negotiate and Execute the Joint Powers Agreement if Appropriate b. Consideration and Award of Bid for Tree Removal Service at Todd Grove Park from Empire Tree Experts in the Amount of $4,300.00 to Remove Four Fir Trees and One Pine Tree. 12. 13. 14. CLOSED SESSION — Closed Session may be held at any time during the meeting 1 0 Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 7:30 am to 5:00 pm. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 29th day of May, 2009. Linda C. Brown, City Clerk In following with the recommendations of the Mendocino County Travel Research Study, MCLA used focus groups during the LA Times Travel Show to determine the Inside this issue: ad design concept to be used for the 2009 Spring media plan. By using Focus Groups, . / _ / . • we will have the feedback and guidance in designing our ads from the exact market we are targeting. This is an example of how MCLA will use research in making all of its marketing decisions. Designs were procured from local designers. These samples ° along with the current design were tested to over 500 of our target audience. Booth „°visitors �r were invited to review several new designs and copy. Visitors truly appreciated 1 '1 1'11 Ii I I t"tk� the chance to help share the Mendocino County message. The decision was over- r whelming and we would like tocongratulate ' Zida Borcich of Studio Z in Fort Bragg. We 'j will be working closely with her to portray Mendocino County over the next several • months. , ' , - , , Booth visitors at the LA Times Travel Show vote for one of four design concepts ® / 1m •11 to be used for our Spring 2009 media plan. Crab & Wine Days 2009 From across the country and around the world, people flocked to Mendocino County. On January 23, to celebrate locally har- vested Dungeness Crab and Local Wineries, the festival delighted foodies and oenophiles alike, all while raising money for a very worthy cause. HypeHouse put together the judging panel. They coordinated all travel for the guest judges, many of whom came up a day early VIA Magazine — March/April 2009 and stayed a day later in order to fully explore the county. They Exploring the North Mendocino Coast traveled from the Anderson Valley to the South Coast up to Fort Circulation: 2,836,029 Bragg and over to Ukiah and Willits encompassing the entire County. i 1.i'�`rir+.lcr Companion URFROMM -5 BudgetTravel.com The judges included: February 6, 2009 Jeff Book — Senior Editor at Coastal Living BudgetTravelg, Whale watching lodging packages Dan Warrick — Senior Editor at VIA Circulation: 443,291 Jon Bonne — Wine Editor at San Francisco Chronicle Olivia Wu — Executive Chef at Google Jolene Thym — Food Editor at Bay Area News Group (The Contra Costa Times, Oakland Tribune, and Marin Inde- pendent Journal) Rob Bhatt — Senior Editor at AAA Western Journey Mendocino County has also been featured in some very high-profile publications recently. These include: CKAOut Magazine - February 2009 Gay -friendly Mendocino County Circulation: 185,669 Coverage for the Crab & Wine Festival was extensive. Publications include: '" a The Coast News — January 16, 2009 Round up of low -season specials Circulation: 29,000 fin• Qui Touring — January 2009 °� Overview of Mendocino County. Qui io 1 Touring is the AAA publication of It- aly, much like our VIA. Circulation: 449,362 lU Tantisre Onrowar San Francisco Examiner — ovism sm raimazsca December 28, 2009 Round up of low -season specials Circulation: 388,443 CmdraWaTimes TOTAL CIRCULATION FOR CRAB & WINE FESTIVAL: OVER 7,000,000 Santa Rosa Press Democrat — December 14, 2009 Round up of low -season specials Circulation: 75,359 c'!l1'cltl>•li i�j� .San Francisco Chronicle — November 30, 2009 Fine brandy being produced in Ukiah Circulation: 398,116 As you recall, The Mendocino County Travel Research Study completed in the summer and fall of 2008 recommended many ways to further enhance our marketing efforts. One of the most important recommendations—the formation of Visit Mendocino County—the working group which will carry out the approved marketing plan—is moving along. The recommendation contains the following: • Replace the Joint Marketing committee with a new organization/DBA titled Visit Mendocino. This is the new trend in naming destination marketing organizations. Destination market- ing organizations are changing to this type of name as they are most easily recognized by the traveling public. The official name has yet to be determined. Committee should consist of.- MCLA (executive committee – 5 members) MCPA (executive committee – 5 members) MCLA, along with MCPA, is working to develop an organization which streamlines the daily activities of marketing our County. It is important to note that MCLA will continue to control its funds while working with this new committee. The committee will develop and submit a proposed 2009-2010 marketing plan to the MCLA Board. Only once the plan is approved by the MCLA Board can the committee and its staff begin work on marketing Mendocino County. The MCLA Board will put safeguards in place when contracting with the Committee to ensure all funds are spent appropriately and responsibly throughout the year. The most exciting development was the committee's recommen- dation on hiring Striker Media Group to publish the 2009-2010 Official Mendocino County Visitor's Guide. Our study was very specific in its recommendation of a quality travel planning guide to help potential visitors in their planning. Striker Media pro- duces visitor guides for multiple destinations throughout Califor- nia. Their guides have won awards including the 2008 Best Visi- tor Guide in California. You will be hearing from them soon with regards to advertising. Every property will receive a free listing in the guide as a benefit of the BID. The recommendation was accepted by both the MCLA & MCPA Boards. The Committee is also working on drafting By -Laws, Contracts with MCLA & MCPA and submitting the necessary paperwork to become a 501(c)6 not-for-profit organization. They are in the process of forming a finance committee, personnel committee and media committee to assist staff in the implementation of the Fiscal Year 2009-2010 MCLA approved marketing plan. The marketing plan, which will include a media plan, public rela- tions plan, sales plan, staff plan and budget, will be strongly based on the recommendations in our Travel Research Study. This supports MCLA in being a research based organization. The Mendocino County Travel Research Study conducted by Randall Travel Marketing recommends that by having one group implement the marketing plan, we will be eliminating any possi- ble duplication of effort as well as increasing productivity by combining the resources of both MCLA & MCPA. Becoming a research based marketing organization takes all of the guessing out of how to market Mendocino County. By using research, MCLA can determine exactly where to market, what to market and how to market. The 2009-2010 marketing plan will be created based on the research outlined in the study. This is a huge step in MCLA being a destination marketing organization. The Study recommends: Establish a policy that going forward you will be research -based marketing organization(s). • Embrace this research as statistical confirmation of the poten- tial target audiences that you must go after to increase visitation. Understand the research identified visitor segments that com- prise the current visitor mix and those that provide the most po- tential for growth. • Make all future plans and decisions based on research. -Mendocino County Travel Industry leaders need to understand that research based marketing will stream -line future decisions. Have you noticed lately the advertisements on TV, in newspapers, on the radio? More and more businesses are selling "happiness". Companies are taking full page ads out in newspapers telling con- sumers that if they buy or use their product, they will become hap- pier. This is certainly a direct result of the economic turmoil con- sumers are feeling. Mendocino County, as a premier destination, will continue to do the same. Happiness is priceless. People seek it within themselves, within others and their surroundings. Products that offer happiness are priceless. These types of products sell. People seek them in their everyday lives and definitely seek them when going on vacations or even traveling for business. Mendocino County is very fortu- nate in that we have so much to offer people that help them find happiness within themselves, others & their surroundings. When offering happiness to your potential customer, make sure to deliver by designing an experience which stirs positive, euphoric feelings. You can do this by helping people express themselves through others. Focus on people's positive realities but make sure they are not fantasies. Help them to imagine without building up excessive anticipation. Have you noticed lately how many companies now have a cause behind their product? Products that offer a higher purpose sell. The latest one I have seen is Tropicana. For every carton of OJ you buy, Tropicana will save 100 square feet of rainforest if you go to their website and submit the carton's code. Does this en- courage me to buy Tropicana over another brand of OJ? Why, yes it does. If you look out for these companies, you will notice them more and more. Can Mendocino County offer a product with a higher purpose? There are certainly examples out there of wines, hotels, restau- rants, museums, etc. that have a philosophy behind them. If your lodging has a higher purpose behind it, make sure to promote that aspect. People are looking for it. Many times, people will pay more for a product they feel not only provides them with a quality product, but helps the world around us as well. When promoting these aspects of your business, be sure to do so simply and clearly. Answer the question, "How is your higher purpose different than your competitors?" If you do not know if your product offers a higher purpose, ask yourself, "What do I stand for? Why do I offer this product?" These answers will help you to identify and sell your higher purpose. We all know people come here to relax, rejuvenate, renew rela- tionships with loved ones. They enjoy our wilderness, our coast- line, our food & wine, our artistic talents. They come from the Bay Area or the Sacramento Valley to get away from their daily gripes and escape to "happiness". Our marketing & public rela- tions efforts use messages, pictures and stories to encourage peo- ple to take that necessary break and come enjoy themselves. We use these strategies when advertising to our potential visitors, tell- ing stories to media & selling our destination outside the County. Social Networking is where it's at! Consider cyberspace & what you offer at your property: Do you have virtual tours on your website? Is your website easily navigable? Suggestion: Show true video with true guests. You can post this video on your website or Facebook as well as email the link from youtube.com to share the link with the guests who will then share the link with their friends, saying, "This is where we stayed!" We also want to emphasize the importance of ".mobi" extension for your website. Scenario: A potential guest is on a commuter train. S/he sees a Mendocino County sign ... inspired to "rediscover herself', she logs on with her Blackberry (that requires a .mobi extension) and books a room right then. Tip: The iPhone uses the safari browser — make sure your website is compatible with Safari. (Heads up, if you use Webervations they are having issues with Safari.) People are using these web enabled cell phones to book rooms and then turn around and ring you to confirm and discuss your inn and services. This is an opportunity to do some tailored marketing. What are your staff saying when they answer the phone? Are they trained and are they selling? This call is an excellent chance to offer added value by finding out why they are coming and perhaps help them plan their itinerary. Again if you have one shot you better do it right! Tip: Look for announce- ments about our Hospitality Training program. Free Service: Look at the statistics of your web page. How do you get these statistics? Google Analytics is a free service and offers you information such as what search terms were c szticc- used, how long visitors��, looked at each page, etc... Are you using YouTube? This is an excellent way to share testimonials from inn guests. This exemplifies the personal touch. Are you using newslet- ters for your direct mar- keting campaign? If you are not using Constant Contact (or the less ex- pensive option: iContact) — use it! It is very good for staying out of SPAM in -boxes. Your email campaign should offer information and an op- tion for value. People or generally read the fust seven words and then YOU ARE TE3 Mendocino County Lodg'ing WILLITS-vfedriesday, M ?lease kSln ens on Wednesday, Porch -11 at the V ft Ctmrnt�r Mwh rling ami ?R teamou wld love to IrAr rom Veu. The} are Etado, , contaa�, some= sfrtios arra hoar YOUR gaak so the business, delete the newsletter. Make it short and easy to understand. Pro- vide a nice offer, a package. Do not bait and switch. Do not of- fer %2 off but then have no 1/2 off rooms available. Are you using a Global Distribution System? This service links to expedia.com, hotels.com, etc, and is the epitome of compari- son shopping because these sites allow users to look at a mas- sive amount of rates on each hotel. The GDS charges 30% com- mission so you'll want to figure out when to list, i.e. Thurs/Fri. If you are not using the GDS you are not in the game. GDS is a "net rate program". If a $100 room posted, you get $70. If you manage your inventory for Thurs & Fri bookings — imagine January! Being part of GDS is an essential tool, according to Hiler. What about tripadvisor.com ! In 2008 51% of hotel guests used tripadvisor.com. Everyone uses it to make a decision. Tip: At the bottom of tripadvisor.com make sure you are listed as the owner of your property. You can add pictures, etc. Tripadvisor's impact can be really profound. Spell check! Tip: Guests go online to talk about stafUservice. It is a very good idea to counter a negative post. Use simple language that does not make the guest wrong but that shows you are working to improve the situation. If a potential guest sees all of the positive posts about your inn on tripadvisor.com and then one negative post followed by your pro -active response the guest is more likely to trust you than if you let the nega- tive post remain with no feedback from you. Yelp is a "hipper" version of tripadvisor.com. Check the posts there, too and respond to any negative posts. When you have a satisfied r, guest you might suggest, r�. "Since you enjoyed your stay I'd love it if you would post on bedandbreakfast.com, iiott-.>�egionai Tour yelp, triadvisor..." P Ms 11, 20og Tip: Check social sites every lcr the A LF. regional n*.mt*r rneeVay the once in a while to see what Iocrima to learn about fKv bench, fes,, your guests are saying team .ext halp grew you: mxlss4�rd your about your inn. The team works with hundreds of editors and producers across the country and around the world ... and they would love to hear more news from you to share with this great network. Don't be shyl Help us get the word out about all we have to offer by bringing your special perspective. WHO SHOULD ATTEND Any innkeeper or resident business from Mendocino County who has a story to tell. If your business caters to visitors—this meting is for you! MNWHEN AND WHERE Wednesday; March 11, 2009 3`p.m. to 7'p.m. Willits Chamber of Commerce 298: E, Commercial Street Willits, CA 707459-7910 We leave you with a quote: "All saints can do miracles, but few of them can keep a decent hotel," Mark Twain. Some web resources: Innkeepingshow.com; Paii.com; Inkeepingblog.com Innconcierge.com A final thought: Keep your positive attitude up. Travel professionals say that travel and tourism, lodging, is the industry that's going to come back first — hang in there! f y1 Our President Speaks—Message from Jan Rodriguez It is hard to believe another quarter has passed! The Board of Di- rectors has been busy reviewing the Research Study conducted last summer and using that as the basis for our Spring Media Plan. We realize that with this slowing economy we have to focus exclu- sively on our target audience, the Bay Area and Sacramento area and are excited about the choices that were made! BY-LAW REVISIONS It is time for the Board to review the allocations of seats according to our present By Laws. Article 4-3 says "Allocation of board seats will be reviewed no less than every two (2) years from the date of adoption of these By -Laws to reflect any demographic changes or distributions." Since it has been two years, we have reviewed the number of seats and have proposed that the seats on the Board be reduced from 19 to 17, eliminating the Elk seat and a South Coast At Large seat. Both of these seats have been vacant for most of the years that MCLA has functioned. We considered the past two years of TOT and followed the current By Laws in arriving at this proposal as it states, "The Board will (be) ...distributed among regions of Men- docino County & reflective of relative TOT contributions." You should have received an Executive Summary Of Proposed Law Changes in the mail recently. If you have not, please go to www.mcla.info to review the proposed By Law Changes. We welcome your feed back! T�":'Nl�fi7i[iIf!!11NiIi7fzlilGll:tSi7IJi;mIlllYifilCsF.Yr1 0ju1.vj3W @ u!mPU oJurnlauz'mmAk V IDW-L£9(998) 991796 nO `tantg 01111.1 OSS xog aatUJO tsod f ol Another proposed change is Article 4, Sec. 5 where it provides flexibility to the Board of Directors to meet as often as they deem necessary, but at least 4 times per year. There are a total of 9 potential changes to the By Laws, so again, your input is valuable and if you have any questions or need clarification on any of the points, feel free to contact Scott Schneider at 707 964-9010 or myself at 707 459-9063. As you may be aware, our meetings are held the first Wednes- day of every month. You can log on to www.mcla.info and check the location and time. We also post the agenda 7 days prior to the board meetings, so you will have the opportunity to see what will be discussed at the meeting. You are always in- vited to attend, in person or by telephone! We value your thoughts and comments. We wish you a successful Spring and are eager to see what re- sults the Spring Media Plan will bring! If you have any ques- tions, please feel free to contact me at 707 459-9063 or Scott Schneider at 707 964-9010. UNITED STATEs ARMY WEEK JUNE • 00 WHEREAS, The United States Army was established by the First Continental Congress on the 14th day of June, 1775; and WHEREAS, The Unites States Army exists to defend the freedom of our citizens and our Nations security interests; and WHEREAS, Many citizens of Ukiah have served this Nation and given the ultimate sacrifice in defense of our freedoms, as members of the United States Army; and WHEREAS, It is proper to recognize the United States Army annually on its birthday, and to thank those who have served and those who are presently serving. NOW, THEREFORE, I, Philip E. Baldwin, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, Mari Rodin, Douglas F. Crane, Benj Thomas, and Mary Anne Landis hereby proclaim June 8 through 14, 2009, as United States Army Week in Ukiah, and exhort all citizens to join with me in this salute to express our gratitude to those who have served and those who are now serving to protect our Nation and its freedoms. Signed and sealed, this 3rd day of June, in the year Two Thousand and Nine. Philip E Baldwin, Mayor CITY OF UKIAH 5a CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 May 20, 2009 6:00 p.m. 1. ROLL CALL Ukiah City Council met at a Regular Meeting on May 20, 2009, the notice for which being legally noticed on May 15, 2009. Mayor Baldwin,called the meeting to order at 6:01 pm. Roll was taken with the following Councilrnqmberspresent: Landis, Thomas, Crane, Rodin, and Mayor Baldwin. Councilmembers absent: none. Staff present: City Manager Chambers, City Attorney Rapport,Dfre ' ctor of C6rhmq nity and General Services Sangiacomo, Community Services,,,,, Merz, Director of Public Works/City Engineer Eriksen, Deputy Director, of Public Works Seanor, Director of Public Safety Dewey, and Deputy City Clerk Currie." 2. PLEDGE OF ALLEGIANCE6:01:52 PM 3. 9 5. APPROVAL OF MINUTES a. Regular Mihut6si of April 1, 20 M/S Rodin/Laftojp to approve the Regular Minutes of April 1, 2009 as submitted. a. " -'Report of Disbursements for the Month of April 2009 b. Authorize CityManager to Enter Into a Dispatch Services Contract with the City F6r(5'ragg, For 911 and Dispatching Services C. Award oSole Source Bid to Dell Marketing L.P., to Purchase Dispatch Workstatio"n Computers and Monitors In the Amount of $13,602.06 d. Adoption of Ordinance of the City Council of the City of Ukiah Adding Chapter 8 to Division 4 of the Ukiah City Code, Entitled: Storm Water Discharge e. Adoption Of Ordinance Of The City Council Of The City Of Ukiah Adding Chapter 7 To Division 9 Of The Ukiah City Code, Entitled: Erosion And Sediment Control f. Award of Bid to Knorr Systems in the Amount of $16,357.83 for the Purchase Thermal Pool Tarps and One Tarp Roller for the Ukiah Municipal Swimming Pools 9- Adoption of Resolution Approving Memorandum of Understanding for Electric Employee Bargaining Unit (IBEW Local 1245) h. Notification of Purchase of Cisco Catalyst 3750E Network Switch From At&T Datacom in the Amount of $7,305.93 cc 5/20/09 Page 1 of 5 i. Award Purchase of Submersible Transformers for the Total Amount of $36,339.90 j. Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite Construction of Gobbi Street Water Well k. Local Emergency Declaration Regarding Drought Status Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON -AGENDA ITEMS None. 10. UNFINISHED BUSINESS b. Adopt Plans and Specifications No. 08-09 for the Rehabilitation of the Ukiah Railroad Depot and Approve Advertisement for Bids 6:05:29 PM Director of Public Works/City Engineer Eriksen and DeputyZirector of Public Works Seanor presented the item. Recommended Action: Adopt plans and specifications for Rehabilitation of the ,Ukiah Railroad Depot, Spec: No. 08-09 and approve advertisement for bids: M/S Rodin/Landis to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: -None. ABSENT: No" ne.,ABSTAIN: None. 9. PUBLIC HEARINGS (6:15 PM) a. Public Hearing to Consider'Adopti'bh,,,rbf,Resolution Amending User Fee Schedule for Community Seivices�Departmer�t Fee Items Including Various Fr P City of Ukiaarks, Facilities,'Grace Hudson Museum, Municipal Pools, SportsFields, Recreation Programs and Services 6:15:17 PM Director of ��Comrnianity and Generale Services Sangiacomo and Community Services Supervisorvlerz -:presented the item. Recommended Action Adopt resolution amending the user fee schedule for Community Service Department Fee�ltrits including various City of Ukiah Parks, Facilities, Grace Hudson Museum;Municipal'Pools, Sports Fields, Recreation Programs and Services. M/S Crane/Thomas to approve the Recommended Action and directed staff to review and recommend adjustments to the rates annually with the budgeting process. 6:21:44 PM Public>Hearing Opened 6:27 pm Public Speaking to the item: None. Public Hearing Closed 6:27 pm Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. 10. UNFINISHED BUSINESS a. Discussion and Direction Regarding Developers Diversified Realty (DDR) Initiative Process and Site Specific Plan Discussion 6:29:33 PM cc 5/20/09 Page 2 of 5 Councilmembers Landis and Thomas presented the item. Councilmembers Landis and Thomas spoke to the responsibilities of the City Council which are public safety, protecting public investment, and creating vision for the future and the strategic planning goals, and how the Mendocino Crossings Masonite Specific Plan affects these responsibilities and goals. Director of Planning and Community Development Stump informed Council that the information regarding fire protection services is not current since the recent signing of the new automatic aid with the Fire District; updated analysis is not available right now. Recommended Action: Discuss the Mendocino Crossings Masonite Specific Plan and provide direction to Staff. Public Comment Opened 6:47 pm Public Speaking to the item: 6:47:41 PM Dennis Santiago Simental; 6:59:03 PM Mark Labeau; an( Public Speaking in support of the resolutio PM Alan Nicolson; 7:10:04 PM Mike 7:13:28 PM Alexander Bricken; 7:16:17 PI Glavich; 7:18:54 PM Darcie Nicolson, 1:20 PM Susan Pottish. Public Comment Closed 7:25 pm Councilmember Rodin left the dais 7:,e Councilmember Rodin returned to the By Consensus, City Coun 2009, City Council meeting Recessed 8:02 pm Reconvened 8:06 t idden on behalf of SOLE; :34 PM Phyllis Kurz. Johnson; 7:06:10 C. Discussiorf,4nd Pcrssibte Introductfon of Ordinance Regulating how ,.:Mobilehome Parks andA artm�nt Buildings and Complexes Charge Tenants for Wateand Sewer Service to a Master Meter Serving Those Facilities`8:07:31 PM , City Attorney 'Rapport presented the item. Recommended Action: Discuss and :direct City Att6r6ey to make changes to proposed ordinance. If City Council does .eat want to make any changes to the ordinance, pass a motion to introduce 6idiriance by"title only, have the Deputy City Clerk read the ordinance title, followed by a motion to introduce the ordinance. Public Comment Opened 8:16 pm Public Speaking to the item: David Vilner. Public Comment Closed 8:24 pm M/S Rodin/Thomas to introduce the Ordinance by Title Only. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. Deputy City Clerk Currie read the ordinance title. cc 5/20/09 Page 3 of 5 M/S Rodin/Landis to introduce the Ordinance Regulating how Mobilehome Parks and Apartment Buildings and Complexes Charge Tenants for Water and Sewer Service to a Master Meter Serving Those Facilities. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. 11. NEW BUSINESS a. Discussion and Possible Approval of City Council Letter of Support to 1) Request Mendocino County Air Quality Management District Board Members direct Air District Staff to Provide Alternatives for City Representation on Air Board and, 2) Request Board of Supervisors to Appoint Dan Gjerde to Regional Water Board Committee to Improve Communication and Grant Opportunities to Help Municipal Ratepayers 8:27:31 PM Councilmember Thomas and Landis presented the: item. Recommended Action: Discussion and Possible Approvals afCity Counc [t6tter of Support to 1) Request Mendocino County Air Quality Management Disth6t, Board Members direct Air District Staff to Provide Alternatives for City Representation on Air Board and, 2) Request Board of Su06rvisors to Dan Gle�rde 16 Regional Water Board Committee to Improve Communication and Grant Opportunities to Help Municipal Ratepayers. M/S Rodin/Crane to approve the Recommend' " ,,Action. Motion carried by the following roll call vote: Landis; Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. 'AB'SENT: None. ABSTAIN: None. 12. COUNCIL REPORTS 8:37:39 PM Councilmember Thomas announced that the next all cities meeting will be hosted in Ukinhe A moderated discussion "Uncertain Waters, Navigating California's Water Priorities" is scheduled for May 27, at,. the Ukiah Library and reported on the possible affects the=C,ounty,s budget may have on the Library. 8:40.23,,PM,Councilmen ber Crane=reported that Supervisor McCowen and he were invited to tour'the,'Cold Creek Compost facility. Cold Creek Compost desires to enter into dialogue with the haulers aid agencies that have contracts with haulers to be more effective in getting green waste�to the Cold Creek facility. Councilmember Crane stated th"pic may be agendized for a future meeting. 8:44:53,PM Mayor Baldwin requested an analysis of what the City's water production would witrt",alt,. the ,4ells, including the two being installed, and the ranney on a conservative, �,mocferate and weak level. City Manager Chambers will providethe mayor with that information. 13. CITY MANAGER/CITY CLERK REPORTS 8:46:52 PM City Manager Chambers reported on the City of Ukiah's water conservation ad scheduled to run for the next two Sundays in the Ukiah Daily Journal and on water conservation website revisions. cc 5/20/09 Page 4 of 5 Did not recess to closed session as item was approved on consent calendar 7g. 14. CLOSED SESSION — Closed Session may be held at any time during the meeting a. Conference with Labor Negotiator (§54957.6) Agency Representative: Jane Chambers, City Manager Employee Organizations: Electric Unit 15. Jop ADJOURNMENT There being no further business, the meeting adjourned at 8:54 pm. cc 5/20/09 Page 5 of 5 CITY OF UKIAH 5b CITY COUNCIL MINUTES Special Meeting Civic Center Council Chambers 300 Seminary Avenue Ukiah, CA 95482 Thursday May 7, 2009 5:00 P.M. WORKSHOP 1. ROLL CALL Ukiah City Council met at a Special Meeting on May 7, 2009, the notice for which being legally noticed on May 6, 2009. Mayor Baldwin called the meeting to order at 5:05 pm. Roll was taken with the following Councilmembers present: Landis, Thomas, Crane, Rodin, and Mayor Baldwin. Councilmembers absent: none. Staff present: ' City Manager Chambers, Finance Director Elton, Director of Planning and Community Development Stump, Director of Public Works/City Engineer Eriksen, DeputyDirector of Public Works Seanor, Director of Community and General Services Sangiacomo, Director of Public Safety Dewey, Director of Human Resources Harris, Accounting Operations Manager Halverson, and Deputy City Clerk Currie. 4. CLOSED SESSION — Closed Session may be held at any time during the meeting a. Conference with Real Property Negotiators (§ 54956.8); Property: APN 180-080-58, 59, 64, 65,`66, and 67-00; and APN 180-110-08, 09, and 10-00 / APN 180-080-28, 29 and 30-00 / APN 180-080-57, 62 and 63-00. Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Tallen & Keshen Holdings, LLC / Redwood Business Park of Ukiah / Legacy Four Ukiah, LLC Reconvened in Open Session with no reportable action at 6:05 pm. Recessed 6:05 pm Reconvened 6:10 pm 2. WORK STUDY SESSION a. Overview of General Fund Proposed Budget City Manager' Chambers and Finance Director provided the introduction of the 2009110 general fund budget. 6:15:15 PM Director of Planning and Community Development Stump presented the Planning and +Community Development Department's budget. 6:33:10 PM Director of Public Works/City Engineer Eriksen and Deputy Director of Public Works Seanor presented the Streets and Engineering sections of the Public Works Department Budget. 7:08:06 PM Director of Community and General Services Sangiacomo presented the Community and General Services Department's budget. 7:29:50 PM Councilmember Rodin left the dais 7:46 pm Councilmember Rodin returned to the dais 7:48 pm Director of Public Safety Dewey presented the Police and Fire Departments' budget. 7:46:22 PM Director of Human Resources Harris presented the Human Resources and Risk Management Departments' budgets. 8:22:41 PM - Finance Director Elton and Accounting Operations Manager Halverson presented the Finance Department's budget. 8:30:10 PM City Manager Chambers presented the City Council's Budget. 8:41:40 PM b. Overview of Ukiah Redevelopment Agency Proposed Budget 9:13:42 PM Director of Community and General Services Sangbcomo presented, the item Councilmember Crane left the dais 9:26 pm Councilmember Crane returned to the dais 9:29 pm Councilmember Thomas left the dais 9:29 pm Councilmember Thomas returned to the dais 9:31 pm 3. PUBLIC COMMENT None. Adjourned to closed session 9:53 pm. 4. CLOSED SESSION - Closed Session may be held at any time during the meeting a. Conference with Real Property Negotiators (§ 54956.8); Property: APN 180-080-58, 59, 64, 65, 66, and 67-00; and APN 180-110-08, 09, and 10-00 / APN 180-080-28, 29, and 30-00 / APN 180-080-57, 62 and 63-00. Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Tallen & Keshen Holdings, LLC / Redwood Business Park of Ukiah / Legacy Four Ukiah, LLC Reconvened in Open Session with no reportable action at 10:32 pm. A There being no further business, the meeting adjourned at 10:32 pm. JoAnne M. Currie, Deputy City Clerk CITY OF T : ■ Sc CITY COUNCIL MINUTES Special Meeting Ukiah Valley Conference Center Chenin Blanc Room 200 S. School Street Ukiah, CA 95482 Thursday, May 14, 2009, 5:30 p.. ROLL CALL Ukiah City Council met at a Special Meeting on May 14, 2009, the notice for which being legally noticed on May 13, 2009. Mayor Baldwin called the meeting to order at 5:32 pm. Roll was taken with the following Councilmembers present: Landis, Thomas, Crane, and Mayor Baldwin. Councilmembers absent: Rodin. Staff present: City Manager Chambers, City Attorney Rapport, Director of Community and General Services Sangiacomo, Director of Public Works/City Engineer Eriksen, Deputy Director of Public Works Water Sewer Division Burck, Finance Director Elton, and Deputy City Clerk Currie. 2. Consideration of a Resolution of the City Council of the City of Ukiah Determining that an Emergency Exists in the Construction and Operation of the Oak Manor Well, the Construction of Which Will be Necessary to Prevent the Disruption of Water Services to the Residents of the City Of Ukiah, and Directing the City Manager to Undertake all Steps Necessary to have the'Well Constructed without Going through a Competitive Bidding Process Pursuant to Public Contracts Code § 22050 5:33:17 PM Director of Public Works/City; Engineer Eriksen and Deputy Director of Public Works Burck presented the item. Recommended Action: 1) Adopt Specification for the Oak Manor Drive Well, City Job #09-09, 2) Issue a Sole Source Contract to Zim Industries for the Construction of the Oak Manor Drive Well, and 3) Authorize a Budget Amendment in the amount of $250,960 and transfer of funds into Account-# 820.3908.250.001. Sources for these funds will be determined at the City Council meeting. MIS Landis/Thomas to approve the Resolution determining that an emergency exists requiring the construction and operation of an additional new well at Oak Manor Park to prevent'a disruption of water service to City residents. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, and Mayor Baldwin. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. 3. Discussion and Consideration of Mandatory Water Conservation Measures Required of all City of Ukiah Water Users 7:00:04 PM City Manager Chambers presented the item. Recommended Action: Consideration and Possible Adoption of Mandatory Water Conservation Measures. By Consensus, City Council continued this item to a Public Hearing to the June 17, 2009, Regular City Council meeting. 4. Discussion and Consideration of Project to Provide Recycled Water for Fire CC 5/14/09 Page 1 of 2 Fighting Purposes (no staff report) 7:32:08 PM City Manager Chambers and Deputy Director of Public Works Water Sewer Division Burck presented the item. Recommended Action: receive report. By Consensus, City Council received the report and directed the Ad Hoc CIP Committee to work with staff to see where this project would fit within the priorities and report back to Council. 7:47:22 PM 5. Consideration of Resolution of the City of Ukiah Finding a Severe Fiscal Hardship will Exist if Additional City Property Tax Funds are Seized and Additional Unfunded Mandates are Adopted by the State of California 7:48:58 PM City Manager Chambers and Finance Director Elton presented the item. Recommended Action: Consider Adoption of Attached Resolution Finding Severe Fiscal Hardship will Exist if Additional City Property Tax Funds are Seized and Additional Unfunded Mandates are Adopted by the State of California. M/S Landis/Thomas to approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Landis,,;Thomas, Crane, and Mayor Baldwin. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. 6. PUBLIC COMMENT None. 7. ADJOURNMENT There being no further business, the meeting adjourned at 7:53 pm. JoAnne M. Currie, CC 5/14/09 Page 2 of 2 CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBE 300 Seminary Avenue Ukiah, CA 95482 May 6, 2009 6:00 p.m. I 1. ROLL CALL Ukiah City Council met at a Regular Meeting on May legally noticed on May 1, 2009. Mayor Baldwin calle Roll was taken with the following Councilmembers 3. 0 5. LA 7 M. ;e for which being order at 6:01 pm. Thomas, Crane, Rodin, and Mayor Baldwin. Councilmembersabsent: none. staff, present: City Manager Chambers, City Attorney Rapport, Pi*tor of Public Safety D'eW6y, Director of Public Works/City Engineer Eriksen, Deputy: Director of Public Works 860nor, Senior City Engineer Kageyama, Director of Planning and Community Development Stump, Director of Community and General Services Safigiacomo,' and Deputy City Clerk Currie. re]Arejj��� MIS Rbdinll-andis,16 approve the Regular Minutes of April 15, 2009, Special Minutes of April 20,�,"21`0,09 'an ' d Special Minutes of April 29, 2009, as submitted and Special Joint UVSD/Coun' , off-'Mi'hutes of April 21, 2009, as amended. Motion carried by the following roll call vote:` "AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. RIGHT TO APPEAL DECISION6:10:17 PM CONSENT CALENDAR 6:10:42 PM MIS Crane/Rodin to approve the Consent Calendar items 7a -7d: a. Notification of Purchase of Training Services from Gordon Graham Research Consultants in the Amount of $7,150.00. CC 5/6/09 Page 1 of 6 b. Adoption of Resolution Approving Addendum to -Police Unit Memorandum of Understanding for Wireless Communication Stipend as Reimbursement for Business Use of Personally Owned Wireless Devices C. City Council Adopt the Resolution Authorizing NCPA to Participate in the CAISO Congestion Revenue Rights (CRR) Auction, on Behalf of the City, to Unwind Allocated CRR Positions in Order to Reduce Risk Associated with Non-NCPA Sourced CRRs and NCPA Sourced CRRs with Expected Negative Congestion. d. Inform the City Council of Work to be Performed by Daniel Steel & Machine in the Amount of $9,931.15 for Repair of the Crane Monorail Damaged by Olin - Pioneer Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON -AGENDA ITEMS 6:12:30 PM Don Rowe, California for Electoral Reform, requests City Council endorse AB 1121. 9. PUBLIC HEARINGS (6:15 PM) a. Review of Edward Byrne Memorial Justice Assistance Grant (JAGI Formula Grant Application 6:17:44 PM Director of Public Safety';=Dewey presented the 1t'em. Recommended Actions: Review Grant Applications consider Public Inpuf; -;and authorize staff to submit the Recovery Act JAG grant application for consideration by the Department of Justice. Public Hearing Opened 6:20 pm: Public Speakng'to the item: JudyHatch. Public'Hearing Closed 6:21 pm Director of P1blic Works/City Engineer Eriksen, Deputy Director of Public Works Seanor, and= Senior Engineer Kageyama presented the item. Recommended Action: Adapt motion to introduce ordinance by title only, have the City Clerk ream�f1 "edinance title and adopt a motion to introduce the ordinance. e/Thomas to introduce the Ordinance by Title Only. Public Hearing Opened 6:30 pm 6:30:47 PM Public Speaking to the item: Linda Sanders, Friends of Gibson Creek. Public Hearing Closed 6:35 pm 6:35:04 PM Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. CC 5/6/09 Page 2 of 6 10. Deputy City Clerk Currie read the ordinance title. MIS Rodin/Thomas to introduce the Ordinance adding Chapter 8 to Division 4 of the Ukiah City Code, Entitled: Storm Water Discharge. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. C. Introduction of Ordinance of the City Council of the City of Ukiah Chapter 7 to Division 9 of the Ukiah City Code, Entitled: Erosion and Sediment Control 6:39:35 PM Director of Public Works/City Engineer Eriksen, Deputy Director of Public Works Seanor, and Senior Engineer Kageyama presented the item. Recommended Action: Adopt motion to introduce ordinance by title only, have the City Clerk read the ordinance title and adopt a motion o --introduce the otdilpance. MIS Crane/Landis to introduce the Ordinance by Title Only. Deputy City Clerk Currie read the ordinance Public Comment Opened 7:01 pm Public Speaking to the item: David Vilner, Judy Hatch, Shady Grove Mobile Home Park owner; and Bill Nicolet, Harold's Square owner. Public Comment Closed 7:24 pm Public Comment Reopened 7:56 pm Public Speaking to the item: David Vilner, Bill Nicolette, and Judy Hatch. Public Comment Closed 8:00 pm CC 5/6/09 Page 3 of 6 M/S Crane/Landis to continue to the Regular City Council meeting of May 20, 2009. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. Recessed 8:04 pm Reconvened 8:11 pm b. Discussion and Approval of the City View Trail P Director of Planning and Community Development Stump presented the item. Recommended Action: Approve the Mitigated Negative Declaration; and approve the City View Trail Project and authorize staff to finalize and execute the required construction agreement and proceed with construction of the trail. Public Comment Opened 8:22 pm Public Speaking in support of the item: Neil Davis, President of the Ukiah Valley Trail Group; 8:26:21 PM Dale Harris6n; 8:34:00 PM Linda Sanders; 8,35:51 PM Tim Pletcher; and 8:40:19 PM Dennis L6fa.� Public Speaking to the item: 8:27:57 PM John Graff, citizen. Public Speaking in oppositi6n to`the Item: 8:29:57 PM'Janise Evans. Public Comment Closed 8:50 t m"', ° M/S Crane/Landis to approve the recommended action. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, and Mayor Baldwin. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. d. Local Emergency Declaration Regarding Drought Status 9:19:46 PM Councilmember Rodin returned to the dais 9:21 pm CC 5/6/09 Page 4 of 6 City Manager Chambers and Director of Public Works/City Engineer Eriksen presented the item. Recommended Action: receive the status report on water shortage emergency, and provide further direction on water shortage activities as needed. Public Comment Opened 9:39 pm Public Speaking to the item: John Graff, Employers Council of Mendocino County and 9:42:28 PM Jon Burton. Public Comment Closed pm M/S Rodin/Crane to approve the recommended action.' Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None ABSMAIN: None. e. City Manager will Provide City Council with Overview of Proposed City of Ukiah General Fund and Ukiah Redevelopment Agency, Budgets, and Announce Posted Special Council Workshop of May 7, 2009"§,47:38 PM City Manager Chambers p report. This item is to be heard at the May 7 Special'Cour mended Act! 1 Workshop. ncy Split System Heat a Failed HVAC Unit at Adopt Plans, and Specifications 09-07 for the Manhole Rehabilitation & Sewer Plip4ADlinin4'and Call for Bids for Same 9:55:16 PM Director of Public Works and City Engineer Eriksen-presentedthe item. Recommeh' ed Action: Adopt Plans and Specifications for the Manhole Rehabilitation & Sewer Pipe Relining City Job # 09-07 and Call for Bids for the Manhole Rehabilitation & Sewer Pipe Relining City Job # 09-07 M/S Crane/Thomas to approve the recommended action. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin. NOES: None. ABSENT: None. ABSTAIN: None. C. Discussion of Developers Diversified Realty (DDR) Initiative Process and Site Specific Plan, and Provide Direction to Staff 10:04:22 PM Councilmember Landis and Director of Planning and Community Development CC 5/6/09 Page 5 of 6 Stump presented the item. Recommended Action: Discuss and provide direction to staff. Public Comment Opened 10:26 pm Public Speaking to the item: John Graff, citizen and 10:29:03 PM Mike Sweeney. Public Comment Closed 10:31 pm By Consensus, City Council directed staff to work with Councilmember Landis and Thomas on a Resolution to bring this item to build community awareness. 12. COUNCIL REPORTS Councilmember Landis reported she attended the Eel River watershed trip sponsored by the Farm Bureau and recommends the trip to others. 10:3200'PM Councilmember Thomas reported on his attendance at the Northern' California Power Authority policy forum in Washington DC. 10:32:31 PM Councilmember Rodin requested the possibility of an amendment to the Joint Powers Agreement for Mendocino Council of Governments (MC0G) be added to the agenda. This amendment would allow MCOG to apply`for'-grant-�'furiding. Councilmember Rodin stated she can write the agenda summary report `and Councilmember Landis offered assistance if needed. 10:34:32 PM 13. CITY MANAGER/CITY CLERK REPORTS 10:38:02 PM °" City Manager Chambers reported on :the ;first North Coast Green Opportunities conference held in Ukiah and on�"-one of"fhe:,�topics covered AB811. City Manager Chambers brought to the attention of"the City Courfcil, a'h article reporting that the Coyote Dam has received tirnulus funds for repairs and improvements for recreation. ity Councll,,,and FOB Reconvened as as Ukiah Redevelopment Agency at 10:42 to Closed Session at 10:46 pm. 14. `.00OSED�SESSlON —ala'Sed Session maybe held at any time during the meeting a. Conference with or Negotiator (§54957.6) Agency°Representative; Jane Chambers, City Manager Employee Qr6anizatidhs: Department Head Unit, Electric Unit, Fire Unit, Management Wit, Miscellaneous Unit, Police Unit b. Conference'Uuih Real Property Negotiators (Gov. Code § 54956.8) ' "Property: Railroad Depot Property on Perkins Street C Cegotiating,,parties: City of Ukiah/North Coast Railroad Authority Uncfetiations: Price and terms of payment Reconvened in Open Session with no reportable action at 12:00 am. 15. ADJOURNMENT There being no further business, the meeting adjourned at 12:00 am. JoAnne M. Currie, Deputy City Clerk CC 5/6/09 Page 6 of 6 ITEM O.: 7a FETING DATE: June 3, 2009 City cif '£1kiafi 911cl NVA WN =1VOIN1INN-Al• •'1 ki SIMI• In compliance with Section 1522 of the Ukiah City Code, this report is being submitted to the City Council for the purpose of reporting a purchase costing more than $5,000 but not exceeding $10,000. On April 23, 2009 a purchase order was placed with Power Monitors, Inc., c/o Honn Company for the purchase of an Eagle 440/Eagle Class PQ wireless digital recorder and an IVS2SX socket recorder in the amount of $9,949.02. This equipment is used to conduct on-site system load analysis and customer load surveys. This purchase was sole -sourced, as the City's Electric Department has standardized on this equipment. The purchase was budgeted in and funded by the Electric Department's Machinery & Equipment fund, 800.3650.800.000. Fiscal Impact: ® Budgeted FY 08/09 F-1New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (Title) Fund # Add] funds req. $9,949.02 Electric Dept., Machinery & Equip. 800.365n.800.000 N/A Recommended Action(s): Receive the report regarding this purchase. Alternative Council Option(s): N/A Citizens advised: N/A Requested by: Mel Grandi, Electric Director Prepared by: Mary Horger, Purchasing Supervisor Coordinated with: Colin Murphey, Electric Supervisor, and Jane Chambers, City Manager Attachments: N/A Approved: - Ja ' Cham6ers, City Manage +,ITEM NO.- • *--June 3, 2009 DATE:MEETING AWARDAGENDA SUMMARY REPORT PURCHASE OF POLE MOUNT AND PAD MOUNT TRANSFORMERS O. THE TOTAL AMOUNT OF $49,712.91. The City's Electric Department back-up stock of pole mount and pad mount transformers needs to be replenished. Request for quotes were sent out for the purchase of twenty (20) transformers as outlined in Attachment #1. The quotes were sent to eleven (11) companies. Four quotes were received. To compare each bid, the total bid price of each transformer is compared against its load loss and no load loss, which results in the total evaluated 20 year cost. The result of that comparison is how the bid selection is determined. Attachment #1 details the bid results for each transformer. Therefore, it is Staff's recommendation that the purchase of the transformers be awarded to the following vendors in the listed amounts, which represents the combined lowest bid of each transformer: HD Supply Purchase Order amount: $ 5,457.09 General Pacific Purchase Order amount: $22,081.69 GEXPRO Purchase Order amount: $22,174.13 Total dollar amount: $49,712.91 Since this purchase is for inventory, it will be charged to the inventory account 800.131.002, and then expensed to 800.3728.690.000 when used. Inventory is maintained to ensure availability of critical equipment and reliability of the electrical system. Fiscal Impact: Budgeted FY 081091-1 New Appropriation ® Not Applicable Budget Amendment Required Funds are available for the purchase to restock inventory and will be expensed from the Materials and Inventory Account (800.3728.690.000) at the time of use. Recommended Action(s): Award the purchase of transformers to HD Supply in the amount of $5,457.09, General Pacific in the amount of $22,081.69 and GEXPRO in the amount of $22,174.13. Alternative Council Option(s): Reject bids and provide direction to Staff. Citizens advised: N/A Requested by: Mel Grandi, Public Utilities Director Prepared by: Mary Horger, Purchasing Supervisor Coordinated with: Colin Murphey, Electric Supervisor, and Jane Chambers, City Manager Attachments: Attachment #1 Approved:. Jamin C—ham&rs, City Manager a 2 N . . . . . . . . . . . U CL IL U) w z w 0 wN O1� O9 9 . . . . . . . . . . . LL U IL acn- LY w z w 0 LL U CL LY w z w 0 �11 IK a w H U Iwn N LL LL C) a. (L —j cc: CC w z ❑ E2 O O u O . . . . . . . . . . N . K N Ci Ci ft 4T 4T K K LL C) EL a. -i cc: w z w E2 O O u O . . . . . . . . . . . K N Ci Ci ft 4T 4T K K a. EL 0 Cf) O . K N Ci Ci ft 4T 4T K K H H u 0 u W W 9 N N N 0 11 0 m CL x w 0 C) 0 t4 ITEM NO.: 7c FETING DATE: June 3, 2009 • • • • • • •'# •' • • • II, Background: As authorized by Council at the January 21St, 2009 City Council Meeting, staff has begun the process of upgrading the Dispatch Center 911 telephone system. A new room has been selected for this installation of the upgraded equipment, while continuing 911 operations in the old dispatch area. This approach will allow the new 911 telephone system to be installed and tested to confirm reliability, while ensuring that on-going day-to-day emergency 911 operations would continue without interruption. Discussion: Included in the proposed Dispatch 911 Improvement Project budget is the purchase of LCD Flat Panel Computer Monitors for the new dispatch center. These new LCD Monitors will support the dispatch center's GIS Mapping and 911 computer software, providing dispatchers with a computer generated map which represents calls for service, and police and fire department vehicle locations. This new system will enhance the dispatch centers ability to send the closest unit to emergency calls and track locations of emergency response personnel. In April of this year, staff submitted requests for quotes to four vendors, and Best Buy for Business provided the only quote in the amount of $6,339.00. Staff evaluated the Best Buy quote to ensure it met the specific specifications needed for the mapping monitors, and awarded the bid for the LCD Flat Panel Monitors to Best Buy for Business, in the amount of $6,339.00, from account 678.2040.800.000. In compliance with Section 1522 of the Ukiah City Code, this report is being submitted to the City Council for the purpose of reporting an acquisition costing $5,000 or more, but less than $10,000. -..Fiscal Impact: Budgeted FY 08/09 F-1New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested $6,339.00 Dispatch Fund 678.2040.800.00 None Continued on Page 2 Recommended Action(s): Receive notification of purchase of LCD Flat Panel Monitors from Best Buy for Business, in the amount of $6,339.00, from account 678.2040.800.000. Alternative Council Option(s): N/A Citizens advised: Requested by: Chris Dewey, Director of Public Safety Prepared by: Chris Dewey, Director of Public Safety Coordinated with: Jane Chambers, City Manager Attachments: Approved: —'®r JaKe ChaAbers, City Manager ITEM O.: 7d MEETING DATE: June 3, 2009 C- ty Uf Ukiah AWARD• •INT 6500-VlO IMPACT PRINTER TO AMOUNTCDW-G, INC. IN THE OF 1 The City's Utility Billing & Collection Department currently uses an IBM Model 6252 T12 Band Printer that is over 20 years of age. This printer is used to support critical billing and collection functions. Due to the age of the printer, consumables are becoming harder to find, and the continuing required maintenance of the printer is costly. For these reasons, the printer needs to be replaced. Request for bids were sent to fourteen (14) companies. Two bids were received. The following is a summary of the bid results: CDW-G, Inc. Chouinard & Myhre, Inc. Infoprint 6500-V10 Impact Printer: $ 6,508.00 $ 8,348.00 Installation: $ 425.00 $ 500.00 3 Year Maintenance Agreement: $ 2,900.00 $ 3,134.00 Tax: $ 823.20 $1,004.68 Total: $10,656.20 $12,986.68 It is Staff's recommendation that this purchase be awarded to CDW-G, Inc. in the amount of $10,656.20. This purchase will be charged to and funds are available in fund 697.1305.800.000, Billing Department, Machinery & Equipment. Fiscal Impact: ® Budgeted FY 08/09 New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Add'I Appropriation Req. $10,656.20 Billing Dept., Machinery & Equip. 697.1305.800.000 N/A Recommended Action(s): Award the purchase of an Infoprint 6500-V10 impact printer to CDW-G, Inc. in the amount of $10,656.20. Alternative Council Option(s): Reject bids and provide direction to Staff. Citizens advised: N/A Requested by: Gordon Elton, Director of Finance Prepared by: Mary Horger, Purchasing Supervisor Coordinated with: Jan Newell, Controller, and Jane Chambers, City Manager Attachments: N/A Approved:° f' J na e Chafnbers, City Manager ITE NO.. 7e W,14:11 11111II June 3, 2009 SI'BJECT: REPORT ON THE DISPOSITION OF SURPLUS MATERIALS, USED EQUIPMENT AND SUPPLIES Background: Per City of Ukiah Procedures for Sale of Surplus or Obsolete Materials, Used Equipment and Supplies dated September 18, 1996, a list of items determined to be obsolete by various departments and their disposition has been prepared under the direction of the Purchasing Department. The City's procedures for the sale of surplus equipment/material are included as Attachment #1 and #2 for reference. Discussion: A list of items included in the recent disposition is detailed in Attachment #3. The sale and disposal of these items is in accordance with City Code Section 1533 and the Surplus Procedure Statement which includes auction and disposal of items in surplus. The City of Palo Alto purchased 840 used meters from the City's Electric Department. These were Form 2S electro -mechanical 200 amp meters, with an average age of 10-12 years, which have been replaced by new, up-to-date meters, and hold no further value to the City. These meters would have had to been recycled or disposed of. The purchases occurred on two separate occasions: 240 units on November 24, 2008, and 600 units on February 27, 2009. Total revenue from these two sales was $905.10. On March 14, 2009 a sale of the City's surplus items was conducted through the Redwood Empire Auctioneering Company at the fairgrounds. The items sold were generally either very old in age, worn out, operated inefficiently, or were broken, and determined to not be worth the additional investment of labor and/or material cost to put back in to service. Other items were sold because they simply were no longer used by the City. Total revenue from this sale was $1,056.00. Throughout the fiscal year, PropertyRoom.com schedules pick-ups for mainly our technology based items as they become available. They take the items back to their warehouse and determine, through product evaluation and testing, which items have any worth for resale and which do not. The items of worth are sold by auction on their website, and the other items are disposed. This largely assists our IT Department with the challenges of lack of storage space as they continue to upgrade the City's technology based items. Total revenue to date for the items shown is $482.00. Additional revenue is anticipated dependent on when or if the other items are sold. Fiscal Impact. ❑ Budgeted FY 08/09 New 1�x Not Applicable Budget Amendment Appropriation F] Required Recommended Action(s): Receive and file report regarding the disposition of surplus materials, used equipment and supplies. Alternative Council Option(s): N/A Citizens advised: N/A Requested by: Gordon Elton, Director of Finance Prepared by: Mary Horger, Purchasing Supervisor Coordinated with: Jane Chambers, City Manager Attachments: 1. Procedures for Sales of Surplus or Obsolete Materials, Used Equipment and Supplies Statement; 2. City Code Section 1533, 3. Surplus disposition list Approved:g lam_✓� Jan , Cham ers, City Manager Affachment #I PROCEDURES FOR SALES OF SURPLUS OR OBSOLETE MATERIALS, USED EQUIPMENT, AND SUPPLIES 9/18/96 in order to process materials or equipment found to be surplus or obsolete within each City Department, the following procedure is established: 1. On a quarterly basis (July 1, October 1, January 1, April 1), each City Department Head completes and submits a prescribed form listing all materials and equipment found to be surplus or obsolete to the Director of Finance for approval. Copies of the completed form are distributed to the City Manager and Purchasing/Warehouse Supervisor. 2. Those items listed as surplus will continue to be housed within the Department requesting disposition until a sale is completed or date of auction. ; 3. Copies of the items listed as surplus are distributed by the Director of Finance to all Department Heads for possible recycling. d. Purchasing Officer shall have the authority to dispose'of surplus and file a report with the City Council setting forth a description of sale by the close of the agenda for the next regularly scheduled meeting. 5. The Purchasing Department will follow City Code Section 1533, Procedures for Sale of the Surplus Items. Purchasing Department will solicit bids on surplus wire and scrap iron from local and outside dealers of these commodities. Purchasing Department will coordinate public auctions with the County of Mendocino, joining with them for sale of surplus items. The auctioneer will publicize the date of auction and items available for sale. C. Purchasing Department will coordinate the moving of surplus items to the auction site during the week immediately preceding the auction. d_ Fallowing the auction, the auctioneer will provide a list of items sold, the selling prices, and the funds received to the Purchasing Department. e. Specialty items as approved by the Purchasing Officer or extremely large items which cannot be moved to the auction site, will be advertised for sale in the local newspaper or through direct contact with governmental agencies or purchasers appropriate to the specialty surplus items by the Purchasing Department. The Purchasing Officer shall have the authority to solicit on the open market. During those times of the year that items are declared as surplus that do not coincide with the annual public auction conducted by the County, items for sale will be advertised by the Purchasing Department and closed bids will be accepted by the City Clerk. Bids will be opened at a designated time and the high bidder will be notified by the Purchasing Department. In the event of the high bid ending in a tie for any item, all bids will be rejected and the bid process will be repeated, with the tie bid as the new minimum bid. If after completing steps 1-5 above, any item is not sold or recycled, and it is not reasonable to assume that the item can be sold or recycled, the purchasing agent is authorized to dispose of such item by any safe and lawful method. C.\My Documcnts\WP DOCS\PR OCED U RES FOR SALES OF SURPI_I IS OP OSSOI.FTFAA `fns §1530 §1534 Atfachment.# �. B) 1. Recorded Explanation: The head of such department shall send to the Purchasing Officer a requisition and a copy of the delivery record together with a full written report of the circumstances of the emergency. The report shall be filed with the Council. as provided in subsection Al above. 2. Emergency Procedure: The Purchasing Officer shalt prescribe by rules and regulations the procedure under which emergency purchases by heads of departments may be made. (Ord. 667, §2, adopted 1975) §1531: COOPERATIVE PURCHASING: The Purchasing Officer shall have the authority to join with other units of government In cooperative purchasing plans when the best interests*of the City would be sefved thereby. (Ord. •667, §2, adopted 1975) t § 1532: INSPECTION AND TESTING: The Purchasing Officer shall Inspect supplies and equipment delivered to determine their conformance with the specifications set forth In the order. The Purchasing Officer shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. (Ord. 667, §2, adopted 1975) §1533: SURPLUS SUPPLIES -AND EQUIPMENT: All departments shall submit to the Purchasing Officer, at such times and in such forms as he shall prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The Purchasing Officer shall have authority, to exchange for or trade in on new supplies and equipment all supplies and equipment which cannot be used by any agency or which have .become unsuitable for City use. The Purchasing Officer shall have the authority to dispose of surplus *property by solicitation of bids or by public auction. (Ord. 667, §2, adopted 1975) §1534: SEVERABILITY: If any section, subsection, subdivision, sentence, clause or phrase of this ordinance is for any reason held -to be unconstitutional or otherwise invalid, such Invalidity shall not affect the validity of the entire ordinance or any of the remaining portions thereof. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, subdivision, sentence, clause and phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. (Ord. 667, §2, adopted 1975) i 1064 SURPLUS DISPOSITION LIST ATTACHMENT #3 m§99E9Aj§iK- Date Sold Fund Sur lus Item Description 11/2412008 800.3728 Used Electric Meters, Form 2S, Electro -Mechanical, 200A - 240 each 2/27/2009 800.3728 jUsed Electric Meters, Form 2S, Electro -Mechanical, 200A - 240 each Date Sold Fund Surplus Item Description 4/27/2009 695.6120 Flat Bed Tilt Trailer, 1969, 4'x 8' bed 4/27/2009 695.6120 Box Trailer, 1/4 ton tilt, 45" x 71" bed 4/27/2009 100.3301 Napa High Pressure Washer/ Steam Cleaner 4/27/2009 695.6120 Toro 21' Push Mower 4/27/2009 695.6120 Ran GA30 Aerator 4/27/2009 100.3301 Speed Aircompressor 4/27/2009 695.6120 Turfco To Dresser 4/27/2009 105.2101 25CFM Air Compressor 4/27/2009 105.2101 Air Masks & Webbing Belts with Canteen 4/27/2009 105.2101 1 Pallet of Misc. Fire Equipment 4/27/2009 105.2101 Box of High Pressure Air Bottles 4/27/2009 695.6120 Tripod Hoist Man -Lift 4/27/2009 105.2101 Pallet of SCBA Back Pack Equipment 4/27/2009 695.6120 Greens Master 3000 Toro 4/27/2009 695.6120 Stihl blower Br 400 4/27/2009 1695.6120 SUM chainsaw 011 AVT 4/27/2009 695.6120 "Hu;qvarna 225P Weed Eater (in parts) 4/27/2009 100.3110 Johnsonred chain saw 4/27/2009 105.2001 Steel video cabinet PRnPFPTV RnnM ITFM.CZ Date of P/U Fund Surplus Item Description 3/25/2008 100.1965 Minolta Dialta. Model Di450, Serial #31711376 3/25/2008 100.1965 Minolta FN -105, Serial #61410947 (Output tray for above) 3/25/2008 100.1965 Minolta EP1 081 Copy Machine, Serial #31701148 3/25/2008 100.1965 Panasonic Panaf ax UF -885, Serial #01000500802 4/30/2008 100.1965 Dell P4, Serial #GZK6P71 4/30/2008 100.1965 Dell P4, Serial #B42GK1 1 4/30/2008 100.1965 Dell P4, XP Pro, Serial #HHY3S51 4/30/2008 100.1965 Dell P4, Serial #3GYFJ41 4/30/2008 100.1965 Quantex White, Serial #7200046151 4/30/2008 100.1965 Dell P4, Serial #742GKI 1 4/30/2008 100.1965 Dell P4, Serial #JM6V31 4/30/2008 100.1965 Premlo P4 Windows 2000 Pro, Serial #2000171423 4/30/2008 100.1965 Dell Precision Model 330, Serial #ITHJK01 4/30/2008 100.1965 Dell P4, Serial #GJM6V31 4/30/2008 100.1965 Dell Precison Model 340, Serial DH3HN1 1 4/30/2008 100.1965 Dell P4, Serial #88GPZ01 4/30/2008 100.1965 Dell P4, Serial #7GBM351 4/30/2008 100.1965 IBM Printer White, Serial 04019001 4/30/2008 100.1965 Dell P3, Serial #MY261-322PC 4/30/2008 100.1965 Brother Printer MFC21 OCZ, Serial #4KWSL01 4/30/2008 100.1965 HP Laserjet White C2039A, Serial #U61083K5F648251 4/30/2008 100.1965 Dell CRT Monitor, Serial #JPFL006041 4/30/2008 1100.1965 Lexmark Z51, Serial #38821-900 4/30/2008 1100.1965 RP 9100C Digital Sender, Serial #USD300041 I Page 1 of 2 SURPLUS DISPOSITION LIST ATTACHMENT #3 PROPERTY ROOM ITEMS (Cont'd) Date of PIU Fund Surplus Item Description 4/3012008 100.1965 Dell P4 Computer w/DVD Drive 4/30/2008 100.1965 ADI CRT Monitor 4/30/2008 100. 1965 Keyboards, 8 each 4/30/2008 100.1965 _ Mice, 4 each 4/30/2008 1100.1965 Cables, Miscellaneous 5/28/2008 100.1965 Dell, Dimension 8200, Serial #465GH1 1 5/28/2008 100.1965 Dell, GX150 5/28/2008 100.1965 HP Scanjet 5550C, Serial #CN2CNS712M 5/28/2008 100.1965 Xerox Phaser 6250, Serial #PWG644239 5/28/2008 100.1965 Xerox Phaser 6250, Serial #PWG642876 5/28/2008 1100.1965 Dell GX270, Serial #45M6V31 7/31/2008 100.1965 Epson Stylus Printer, Serial #AEY0090024 7/31/2008 100. 1965 HP Deskjet 940C Printer, Serial #CN22G6N2C4 7/31/2008 100.1965 HP Laserjet 41, Serial #USBB666833 7/31/2008 100.1965 NEC Superscript 1800 Printer, Serial #131 GBN7001 S1 E 7/31/2008 100.1965 Dell CRT Monitor, Serial #CN04P12147804294L26Y 7/31/2008 100.1965 Dell CRT Monitor, Serial #MX05C544447801 I AFG229 11/24/2008 100.1965 Powerware UPS 3 piece system, Prestiges Class, Serial #BS035WO1 86 11/24/2008 100.1965 Backup XS 1500 UPS, Serial #JB0518054596 11/24/2008 100.1965 APC UPS system w/3 batteries, SMART UPS 220'OXL, Serial #ES9640289650 11/24/2008 100.1965 CyperPower Power Strip/power supply, Model 485VA, Serial #AEC5V2002261 11/24/2008 100.1965 Inet Stackable Hub, Express 330T, Serial #SHW 103000496 11/24/2008 100.1965 Apollo Computer P4, Model #8508, Serial #20OD1 71369 11/24/2008 100.1965 Quantex Computer, Model #FTNA735OBB1, Serial #7001939162 11/24/2008 100.1965 Conext UPS, Backup 900, Serial #QCO220232045 11/24/2008 100.1965 APC Backup Office, Model #Office 500VA, Serial #NB0037221581 1/26/2009 100.1965 Rolm Phone Sets, Model #9225, 28 each 1/26/2009 100.1965 Rolm Phone Sets, Model #9224, 27 each 1126/2009 100.1965 Rolm Phone Sets, Model #9226, 18 each 1/26/2009 100.1965 Itron Handset, FS/2, Serial #4450014608 1126/2009 100.1965 Itron Handset, FS/2, Serial #4450014643 1/26/2009 100.1965 Itron Handset, FS/2, Serial #4450014661 1/26/2009 100.1965 Rolms Phone System, Model 9200, Serial #27943122158 1/26/2009 100.1965 Quantex PC, Serial #27943122158, Model 9200 1/26/2009 100.1965 Dell PC, GX270, Serial #9JLNP91 1/26/2009 100.1965 Envision Monitor, Serial #1203CBA017061 1/26/2009 100.1965 Keyboards, 4 each 4/28/2009 100.1965 Desktop Computer, Optiplex GX260, Ser. #9TO621, 1 ea. 4/28/2009 100.1965 Desktop Computer, Optiplex GX270, Ser. #CKQV31, I ea. 4/28/2009 100.1965 Desktop Computer, Optiplex GX150, Ser. #JVKSLO1, 1 ea. 4/2812009 100.1965 Desktop Computer, Advanced Computer Connections, Ser. #N98512 4/28/2009 100.1965 Toshiba Notebook, Tecra 8100, Ser. #30497553U, 1 ea. 4/28/2009 100.1965 Tatung C7BZR Monitor, Ser. #5TC915462636, 1 ea. 4/28/2009 100.1965 Misc. Hard Drives & Cables, 1 box. Page 2 of 2 ITEM NO.: 7f FETING DATE: June 3, 2009 City c�J" T-iki: zh SUBJECT: REPORT TO CITY COUNCIL REGARDING THE PURCHASE OF 1600 POUNDS OF PULSAR PLUS CHLORINE BRIQUETTES FROM LINCOLN EQUIPMENT CO, INC FOR THE UKIAH MUNICIPAL SWIMMING POOLS IN THE AMOUNT OF $5,002.50. Summary: Pursuant to the requirements of Section 1522 of the Municipal Code, Staff is filing with the City Council this report regarding the annual purchase of chlorine briquettes for the Ukiah Municipal Swimming Pools. The only qualified bidder who stocks these specialty pool products is Lincoln Equipment Co, Inc. This item is budgeted in account #100.6130.690.001. Discussion: Fiscal Impact: ® Budgeted FY 08/09 F-1New Appropriation1-1 Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested $5,002.50 CS Dept, Aquatics, Supplies 100.6130.690.001 N/A Recommended Action(s): Receive report regarding the purchase of 1600 pounds of Pulsar Plus Chlorine Briquettes from Lincoln Equipment Co, Inc. for the Ukiah Municipal Swimming Pools in the amount of $5,002.50. Alternative Council Option(s): N/A Citizens advised: Requested by: Prepared by: Katie Merz, Community Services Supervisor Coordinated with: Jarod Thiele, Purchasing Technician Attachments: Approved: {ter JarA Chami5ers, City Manager AM FV city aJ''Z1kx'rah or— ITEM NO.: 7g MEETING DATE: 6/3/2009 SUBJECT: ADOPTION OF ORDINANCE REGULATING HOW MULTI -UNIT PROPERTIES AND APARTMENT BUILDINGS AND COMPLEXES CHARGE TENANTS FOR WATER AND SEWER SERVICE TO A MASTER METER SERVING THOSE FACILITIES. Summary: By unanimous vote, the City Council introduced this ordinance by title only on May 20, 2009. Reference is made to the ASR submitted at the May 20 meeting. Because it was adopted by unanimous vote, the ordinance, attached hereto as Attachment 1 can be adopted on consent calendar. Staff recommends adoption. Recommended Action: Adopt ordinance. Alternative Council Option(s): Pull from consent calendar, engage in further discussion and revise or decline to adopt ordinance. If ordinance is revised, it must be brought back at the next City Council meeting for adoption. Citizens advised: N/A Requested by: City Council Prepared by: David J. Rapport, City Attorney Coordinated with: City Council subcommittee Attachments: Attachment 1 – Introduced master meter ordinance Approved: Jarie Cha hers, City Manager ATTACHMENT 1 I WOa 0.00 1 DES] I lbiull age IN IKA AIN IN W.0 R-141111IN"01 61111161 01,11111111 :111-1 1 1 The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE. 1. Section 3504 of the Ukiah City Code is amended to read as follows: 1,, ! ► ! _1111 01 RM 11.LI/ [e1 X Except as expressly authorized by this Section 3504, not more than one dwelling shall be served from a single meter, except in the case of multiple dwellings, such as mobile home parks, apartment buildings or complexes, hotels, and motels, when specifically authorized by the director of public works based on a determination that service from a single meter will not cause an undue burden or administrative difficulties for the city. Mobile home parks and apartment buildings or apartment complexes, consisting of more than three apartments, shall receive water service through a single master meter and one person or entity (the "Customer"), such as the property owner, shall assume the legal obligation to pay for the service furnished through that master meter. Notwithstanding any other provision of this Code, the Customer may bill its tenants for their proportional share of the City's charges for that service in accordance with Article 2 of Chapter 6 of Division 4 of this Code, commencing with Section 3960. 2. Section 3707.1 of the Ukiah City Code is amended to read as follows: The rates set forth hereafter shall be the rates for all premises connected to public sewers within or under the jurisdiction and control of the city. These rates, including the provisions of any section in this Article 8 of Chapter 2 of Division 4 of this Code, shall be subject to modification and change which may be made by resolution of the City Council. These rates, although stated on a monthly basis, may be billed monthly, bimonthly, or quarterly as determined from time to time by the council. Charges for sewer services to any premises connected with the city water and/or electric systems shall be collected together with, and not separately from, the charges for services to said premises, and shall be billed upon one bill and collected as one item. The customer who applied for and assumed the obligation to pay for water service to the property is the person liable for sewer charges to the property served by that water service. In the case of multiple units served by a master water meter, one person or entity, such as the property owner, shall pay for and assume liability for sewer service to that property. Notwithstanding any other provision of this Code, the customer may bill its tenants for their proportional share of the City's charges for that service in accordance with Article 2 of Chapter 6 of Division 4 of this Code, commencing with Section 3960. This requirement shall not prevent tenants in a multi -unit residential property from exercising their rights under Public Utilities Code section 10009. 1, including their option to become utility customers in accordance with the requirements of that section, to whom the service will then be billed, without being required to pay the amount due on the delinquent account. Each premises or user connected to the public sewage system shall be classified under one of the following user categories and shall be subject to the rates specified for such category. Premises or users which are susceptible to classification under two (2) or more of such user categories shall be specially classified by city and shall be subject to rates established by city which shall allow for a reasonable usage allocation. 4. A new Article 2, entitled: Water and Sewer Pass-Throughs, is added to Chapter 6 of Division 4 of this Code to read as follows. DIVISION 4; UTILITIES SECTION 3960: DEFINITIONS. As used in this Article 2, the following terms shall have the following meanings: "City Charges" means the actual amount billed by the City each month to the Customer for water and sewer service to the master meter serving the Multi -Unit Property. "Customer" means the person or entity which has assumed the legal obligation to pay for water or sewer service, when that service is provided to a Multi -Unit Property. "Monthly Utility Bill" means the bill from the Customer to a Tenant for the Pro -Rata Share of City Charges. "Multi -Unit Property" means a mobile home park as defined in California Civil Code Section 798.4 or an apartment building or complex, consisting of more than three apartments. "Pro -Rata Share" means the amount of City Charges which the Customer may bill to a Tenant each month. City Charges may only be recovered in monthly billings to the Tenants. "Required Records" means the monthly bill to the Customer from the City of Ukiah for water and sewer service to the master meter and the computation of the Pro -Rata Share. "Sewer Service Period" means water meter readings for the month or months used by the City to determine monthly sewer service charges. "Submeter" means a meter installed on a Multi -Unit Property for measuring water use in an individual apartment or mobile home occupying a rented mobile home space. Submeters may be used at a Multi -Unit Property only if they are installed in each apartment or space and all common areas, such as laundry facilities, receiving water or f.Y.1 "AZ Mr.)WNEW, "Tenant" means the person or persons who rent a space in a mobile home park or an apartment in an apartment building or complex. "Unit of water" means one hundred cubic feet ("hcf') or 748.1 gallons of water. 1> '1,1211,11[ilil! , A Customer may submit a Monthly Utility Bill to a Tenant for his or her Pro -Rata Share of City Charges in accordance with this Article. Monthly Utility Bills must be delivered to and payable by a Tenant each month. The bill must contain the Required Records for the month for which the Tenant is being billed. The bill must describe the location within the Multi -Unit Property where Required Records for other months are located and shall state that any Tenant and the City shall have access to these records during regular business hours and the right to examine, audit or copy them. In addition, a Customer may provide Tenants and the City internet access to Required Records. A. No Submeters. For a Multi -Unit Property that does not use Submeters, the Pro -Rata Share shall be determined by dividing the City Charges by the number of mobile home spaces or apartments within the Multi -Unit Property which receive water or sewer service. The result of that computation shall be the Pro -Rata Share for that month. B. Submeters. For a Multi -Unit Property that uses Submeters, the Pro -Rata Share for water and sewer service shall be determined as follows: 1. Water service: The Pro -Rata share of the City Charges for water service shall be determined by a formula, where: X = City Charges for water service Y = Units of water used by the individual tenant based on the submeter reading for the tenant's space or apartment T = Total units of water included in City charges, P = Per unit charge for water R = The charge to the tenant for water (Pro -Rata Share) The master meter reading and the submeter reading used in calculating the Pro -Rata Share shall be for the time period covered by the City Charges. The formula used to calculate the Pro -Rata Share is: R =(X/T) x Y The formula computes the Pro -Rata Share by dividing the City Charges for water service by the total units of water included in the City Charges to determine the per unit charge for water. The per unit charge is multiplied by the total units of water used by the tenant based on the reading of the tenant's individual submeter for his or her mobile home park space or apartment. 2. Sewer service: The Pro -Rata share of the City Charges for sewer service shall be determined by a formula, where: A = Number of units used by the individual tenant based on the submeter reading for his or her space or apartment in Sewer Service Period B = City Charges for sewer service C = Total units of water from all of the submeter readings for the .Sewer Service Period D = The charge to the tenant for sewer service (Pro -Rata Share) -The formula used to calculate the Pro -Rata Share is: A/CxB=D The formula computes the Pro -Rata Share by multiplying the City Charges for sewer service by a fraction or percentage derived by dividing the units of water used by the individual tenant based on the submeter reading for the tenant's mobile home park space or apartment in the Sewer Service Period by the total units of water from all of the submeter readings for the Sewer Service Period. A. Any person, firm or corporation violating any of the provisions of this Article shall be guilty of an infraction. Every such violation is punishable by (1) a fine not exceeding one hundred dollars ($100) for a first violation; (2) a fine not exceeding two hundred dollars ($200) for a second violation within one year; (3) a fine not exceeding five hundred dollars ($500) for each additional violation within one year. B. A violation of any provision of this Article by any person, firm or corporation shall be subject to a civil action in any court of competent jurisdiction, including the small claims court, by a Tenant, Tenant's Association or the City of Ukiah, by its City Attorney, to recover any damages caused by the violation, including a refund of excess City Charges or Allowed Charges and a civil penalty of $1,000 or 10% of actual damages, whichever is higher. For any willful violation, the Tenant, Tenant's Association or City may recover treble damages. Nothing in this subsection B shall prohibit the filing of an action as authorized herein as a class action. The prevailing party in any action filed pursuant to this subsection shall be entitled to recover its reasonable attorneys' fees to be determined by the court. SECTION THREE 1. COMPLIANCE WITH CEQA. The City Council finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment. 2. SEVERABILITY. The provisions of this Ordinance are not intended to limit or conflict with any provision in Civil Code, Division 2, Part 2, Title 2, Chapter 2.5, commencing with Section 798, and, in particular, Article 4, thereof, commencing with Section 798.30. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. 3. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on May 20, 2009, by the following roll call vote: AYES: Councilmember Landis, Thomas, Crane, Rodin, and Mayor Baldwin NOES: None ABSENT: None ABSTAIN: None Adopted on , 2009, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Philip E. Baldwin, Mayor ATTEST: Linda C. Brown, City Clerk ITEM NO.: 7h June 3, 2009 SUBJECT: MENDOCINO SOLID WASTE MANAGEMENT AUTHORITY (MSMWA) ANNUAL REPORT, BUDGET REVIEW OF FISCAL 2008/2009, AND PROPOSED BUDGET FOR FISCAL 2009/2010 Background: Pursuant to the joint powers agreement, the Board of Commissioners of the Mendocino Solid Waste Management Authority (MSWMA) adopts a proposed budget for the upcoming fiscal year and refers it to the member jurisdictions for any comment. Discussion: Attached are MSWMA's annual report and proposed budget for Fiscal 2009/2010 for City Council's review and possible comment. Note the annual budget reflects a reduction of $314,690.00 from the previous year's budget. Budget Adoption is scheduled for June 11, 2009. Fiscal Impact: Budgeted FY 08/09 1-1 New Appropriation rX I Not Applicable Budget Amendment Required Recommended Action(s): Accept the Report. Alternative Council Option(s): Remove from Consent Calendar to discuss/comment. Citizens advised: Requested by: Jane Chambers, City Manager Prepared by: Linda Brown, Exec Asst. to the City Manager/City Clerk Coordinated with: Attachments: MSMWA Annual Report/Budget Review Approved: ,a C.,- Jan6 Charrillers, City Manager A joint powers public agency April 27, 2009 Jane Chambers, City Manager City of Ukiah 300 Seminary Avenue Ukiah, CA 95482 RE: MSWMA annual report & budget review Dear Ms. Chambers: Michael E. Sweeney General Manager P.O. Box 123 Ukiah, CA 95482 (707)468-9710 sweeney@pacific.net Pursuant to the joint powers agreement, the Board of Commissioners of the Mendocino Solid Waste Management Authority adopts a proposed budget for the upcoming fiscal year and refers it to the member jurisdictions for comment, if any. Enclosed is MSWMA's annual report and proposed budget. If the city council wishes to put this on the agenda, I would be happy to appear and answer questions and receive comments. The MSWMA Board is scheduled to consider comments and adopt a final budget on June 11, 2009. Please call me if you have any questions. Sincerely, Mike Sweeney General Manager cc: Douglas Crane MendocinoSolidWasteManagement Annual Report / Budget Review �M, M11,11, -rRAILER DEMOLITION. MSWMA spent $17,000 in 2008 on disposal of old abandoned on he roadsides. MSWMA 2009 annual report & budget review - page 1 MSWMA expanded service in 2008 with drop-off programs for household • (needles) and discarded medications. Acquisition of a new site for the HazMobile • facility moved forward. An austerity budget is planned for 2009-10 to • continuation of MSWMA services within available resources. HaMobile. Our three -county household hazardous waste service (Mendocino, Lake and northwestern Sonoma) registered a total vehicle count of 7,163 in 2008, a slight increase from the previous year. To reduce crowding at collections, customers are encouraged to visit the permanent oil drop-offs and use the HazMobile only when they have other hazardous wastes to dispose of. More customers are learning how to do this and avoiding the need to come to a HazMobile collection. Beginning in January, 2008, the Hazl\4obile inaugurated an expanded service schedule, increasing Fort Bragg collections from 7 to 10 per year and South Coast collections from 3 • 5. MSVMA 2009 annual report & budget review — page 2 We will become a four -county program again on August 28-29, 2009, when the HazMobile travels to Redway in Humboldt County for a collection co-sponsored by the Humboldt Waste Management Authority. The HazMobile experienced increasing demand due to new state restrictions on hazardous waste. MSWMA's costs for fluorescent light recycling continue to rise. MSWMA has completed the replacement of our principal rolling stock with the acquisition of a larger 36 -foot custom-built collection trailer and a second Ford F-550 flatbed. Costs were paid from our equipment reserve fund, which is augmented annually by a depreciation budget line. Paint recycling continued to be a popular program in 2008 with 8,000 gallons of discarded latex paint received by the HazMobile, processed by MSWMA for reuse and distributed free to the public. Demand for our paint exceeds supply. In addition, MSWMA operates a "Free Store" at our base facility in Ukiah for household products received by the HazMobile that are reusable in their original containters. Electronics recycling continues to work well under MSWMA's arrangement with the principal transfer stations to host boxes that accept all electronics commingled. These boxes are changed out by electronics recyclers under contract to MSWMA. In addition to eliminating local handling and increasing customer convenience, this arrangement has produced positive revenue for MSWMA as a state -licensed electronics collector. Appliance hazardous waste removal continues to be a major activity that requires considerable allocation of MSWMA resources. Our staff removes freon refrigerants, lubricating oils, and mercury -containing switches from appliances. MSWMA provides this service at no charge to the transfer stations, in order to reduce the cost to the public of disposing of old appliances. Sharps disposal is a new program established by MSWMA in 2008. In cooperation with the transfer stations, MSWMA will provide a free disposal drop-off for sharps. Illegal dump cleanup requires consistent attention to prevent an accumulation of trash on county roads. Numerous citizen complaints of dumping are referred to MSWMA each year. MSWMA carried out 226 roadside illegal dumping cleanups in 2008. In addition, MSWMA obtains state grants for larger cleanup projects like the Tomki Road project completed in 2008. MSWMA has acquired specialized equipment and techniques to safely deal with dumping on steep slopes. Trailer/motor home demolition is a service provided by MSWMA to support the County Abandoned Vehicle Abatement Program, which lacks sufficient funds to deal with the large number of abandoned trailers and motor homes on the roadsides. MSWMA spent $17,000 on this service in 2008. MSWMA has started to receive some cost reimbursement as the County collects costs from the last registered owners, and we MSWMA 2009 annual report & budget review — page 3 strongly encourage the County's Abandoned Vehicle Abatement program to vigorously pursue cost recovery. Backyard compost bin sales have been conducted by MSWMA for more than 10 years, providing the public with bins at cost in order to promote on-site waste diversion. MSWMA has recently restocked with the Soil Saver bin, a higher quality product sold at our cost of $57 tax included at Ukiah transfer station, Willits transfer station, and Fort Bragg Disposal. Reporting, planning & compliance with complex state requirements on waste diversion has been provided by MSWMA for our member jurisdictions since 1992. This includes filing the annual reports to the CIWMB, filing time extension applications, and most recently, assisting the City of Fort Bragg and County of Mendocino in the central coast transfer station siting project. MSWMA also assists member jurisdictions in contract issues with franchised haulers and transfer station operators, upon request. Free tire recycling using state grant funding is another MSWMA program that helps control illegal dumping. This annual event at four disposal sites around the county collects about 8,000 tires without charge for recycling. A grant application to fund a collection in 2009 has been submitted and is pending. Recycling information & promotion has been provided by MSWMA since 1992 to help the public take advantage of waste diversion programs and help the jurisdictions comply with state recycling mandates. Our printed Recycling Guide was updated and reissued. In addition to the toll-free Recycling Hotline and website www.MendoRecycle.org, MSWMA employs a bilingual recycling outreach specialist who goes door-to-door at apartments and businesses to solve recycling problems. Site relocation of our HazMobile base facility at 298A Plant Road, Ukiah, was successful with the purchase of 2 acres of bare land at 3200 Taylor Drive, Ukiah for $220,000. MSWMA's Reserve Fund was used to cover the cost. The site is across the street from the Ukiah Transfer Station and will provide a much more visible and accessible location for the public. MSWMA staff will prepare a site design in 2009. The Mendocino Solid Waste Management Authority is a joint powers authority established in 1990 by the County of Mendocino, City of Ukiah, City of Fort Bragg and City of Willits, for the purpose of carrying out activities of mutual benefit in the solid waste field. MSWMA is governed by a Board of Commissioners consisting of two county supervisors and one councilmember from each city. Current board members are: MSWMA 2009 annual report & budget review — page 4 Douglas Crane, City of Ukiah (chair) Meg Courtney, City of Fort Bragg (vice -chair) Victor Hanson, City of Willits John McCowen, County of Mendocino David Colfax, County of Mendocino MSWMA has six full-time employees --a general manager, four hazardous waste technicians, and a recycling outreach specialist. The MSWMA Board approved a proposed 2009-10 budget on April 16, 2009, and referred it to the member jurisdictions for comment. This is an austerity budget that includes no pay increases, a reduction in staff by .2 FTE, a downgrade in the health insurance coverage, and other reductions. In order to continue service levels and prevent an increase in the surcharge at this time, the MSWMA Board proposes to authorize use of $15,000 in reserves. MSWMA 2009 annual report & budget review — page 5 2008-09 fiscal year budget, as amended Proposed 2009-10 fiscal year budget INCOME 1 Electronics recycling income 95,000 95,000 2 Farm & Ranch cleanup ant income 37,705 0 3 HHW service 124,000 139,000 4 Interest 24,000 18,000 5 Lake County outreach contract 16,000 0 6 Recycling Block Grant 32,000 32,000 7 Revenue, misc. 8,000 2,000 8 Sales, compost bin 1,000 2,000 9 Surcharge 300,000 275,000 10 Tire Grant income 12,000 19,000 11 Used oil block grant income 32,000 32,000 12 P Transfer from equipment reserve 50,588 0 13 Transfer from reserve fund 221,397 15,000 14 Sale of surplus truck 0 10,000 15 TOTAL INCOME 953,690 639,000 MSWMA 2009 annual report & budget review — page 5 Fund Balances, April 24, 2009: General Fund: $341,082 Reserve Fund: $162,584 Equipment Reserve: $651299 MSWMA 2009 annual report & budget review - page 6 EXPENDITURES 2008-09 fiscal year budget, as amended Proposed 2009-10 fiscal year budget 16 Advertising 3,000 2,000 17 Audit 4,100 4,100 18 1 Compost bin purchases 0 0 19 Co un A-87 service charges 11,000 11,000 20 Electronics recycling costs 12,000 0 21 Fuel 12,000 9,000 22 Health insurance 32,000 45,744 23 HHW disposal expense 110,000 112,000 24 HHW facility costs & development 231,397 0 25 HHW supplies 18,000 19,000 26 Illegal dump fees & cleanup costs 70,000 24,000 27 Liability insurance 16,500 18,000 28 Miscellaneous 4,000 4,000 29 Office supplies 4,000 4,500 30 Oil grant expense 12,000 12,000 31 Payroll expense, regular 202,932 209,459 32 Payroll, Used Oil Recycling Grant 20,000 20,000 33 Payroll, Recycling Block Grant 31,000 31,000 34 Pension SEP -IRA 25,400 22,000 35 Pollution insurance 8,000 8,000 36 Postage 600 600 37 Printing 4,000 3,000 38 Rent 4,800 4,800 39 Sales tax 100 100 40 Tel hone communications 7,350 7,350 41 Tire recycling amnesty collections 12,000 15,000 42 Training fees 5,000 1,000 43 Transfer to depreciation reserve 14,000 14,000 44 Truck acquisition 50,588 0 45 Vehicle maintenance 8,000 7,000 46 Vehicle mileage 12,000 10,000 47 Worker's compensation insurance 19,000 18,000 48 TOTAL EXPENDITURES 964,767 636,653 49 NET 11,077 2,347 Fund Balances, April 24, 2009: General Fund: $341,082 Reserve Fund: $162,584 Equipment Reserve: $651299 MSWMA 2009 annual report & budget review - page 6 1. Electronics Recycling Income. As a registered collector with the state, MSWMA receives per -pound payments for CRTs shipped. 2. Farm & Ranch Cleanup Grant Income. No grants currently pending. 3. HHW Service. Lake and Sonoma Counties pay MSWMA the full cost of HazMobile service to their citizens. MSWMA additionally bills business customers in Mendocino County a pass-through rate for their hazardous waste, and residential customers for any waste in excess of 15 gallons per day. This item is steady. 4. Interest. MSWMA funds are held by the County Treasurer, who pays interest. 5. Lake County outreach contract. Put on hold by state in April, 2009. Future uncertain. 6. Recycling Block Grant. MSWMA pools the State Department of Conservation Recycling Grants to its member agencies and uses them in a unified program for promotion of beverage container recycling within the grant's limitations. We apply these funds to salary costs for our bilingual outreach worker. 7. Revenue, misc. Includes payments for trailer/motor home recycling and other items. S. Sales, compost bin. Through three participating recycling centers, MSWMA sells backyard compost bins to the public at cost. 9. Surcharge. MSWMA's core funding is $4.50 per ton paid by disposal sites on all waste going to landfills. The surcharge was established at $6.00 per ton in 1992 and was reduced in three steps to its present level. In inflation-adjusted dollars, the surcharge is far less than one-half its original amount. 10. Tire grant income. MSWMA gets state grants that pays most of the cost of a free tire recycling program. A new grant is anticipated for fall 2009. 11. Used oil block grant income. MSWMA pools the allocations to its member agencies under this CIWMB grant program and uses the funds for oil recycling and qualifying HazMobile oil recycling costs. 12. Transfer from Equipment Reserve. Used to buy new rolling stock. No new purchases anticipated for 2008-09. 13. Transfer from reserve fund. 14. Sale of surplus truck. 1999 Chevrolet 14' flatbed with lift gate now offered for sale. This was made surplus by acquisition of new Ford F-550 flatbed. 16. _ Advertising. Print, radio and banner expenditures not chargeable under other lines. 17. Audit. Annual outside audit of MSWMA finances. 18. Compost bin purchases. Compost bins sold to public at cost in cooperation with three recycling centers. We still have inventory so no re -order is included at this time. 19. County A-87 service charges. Share of Information Services, Auditor, and other departments that provide services to MSWMA as a Special District. 20. Electronics recycling costs. Future costs will be a deduction from income. 21. Fuel. MSWMA operates three diesel -powered trucks. 22. Health insurance. Blue Shield plan for MS WMA's six full-time employees. 23. HHW disposal expense. Primarily for a hazardous waste management contractor who removes packaged hazardous waste from MSWMA's base facility, and empty drums and supplies delivered by the same truck. Also pays recycling expense for certain other items MSWMA 2009 annual report & budget review — page 7 through other vendors including fluorescent tubes and antifreeze. This item continues to increase due to new state regulations on fluorescent tubes and household batteries. 24. HHW facility costs & development. Development planning will be in-house for 2009-10. 25. HHW supplies. Materials not supplied under line 22. 26. Illegal dump fees & cleanup costs. Includes materials and equipment costs for roadside cleanup and major cleanup projects, including Farm & Ranch grant -funded work. Also includes MSWMA reimbursement of dump fees to individuals and groups that do volunteer cleanups, and MSWMA expenditures for trailer & motor home demolition. 27. Liability insurance. $10 million general and vehicle liability coverage through Special District Risk Management Authority. 28. Miscellaneous. 29. Office supplies. Covers office materials used by HazMobile, General Manager and Recycling Outreach Specialist. 30. Oil grant expense. Oil recycling charges and some HazMobile advertising paid under Used Oil Block Grant. 31. Payroll expense, regular. Wages, salaries, and payroll taxes not covered under lines 31 or 32. 32. Payroll, Used Oil Recycling Grant. Technician wages during HazMobile collection activity. 33. Payroll, Recycling Block Grant. Recycling Outreach Specialist wages for beverage container recycling promotion paid under using this grant. 34. Pension, SEP -IRA. MSWMA makes an IRA contribution for all employees who have at least 3 years' service, equal to a percentage of their gross earnings. 35. Pollution insurance. $1 million insurance for pollution liability. 36. Postage. 37. Printing. Annual recycling guide, door hangers, other literature. 38. Rent. MSWMA office. 39. Sales tax. Tax on compost bin sales. 40. Telephone (communications). Telephones, internet access, website hosting, website maintenance. 41. Tire recycling amnesty collections. Expenses charged under the Tire Recycling Grant. (Some reimbursement of Payroll Line is also secured from this grant.) 42. Training fees. OSHA -mandated safety classes provided for MSWMA staff. 43. Transfer to depreciation reserve. Depreciation set-aside for equipment replacement. 44. Truck acquisition. No new purchases anticipated. 45. Vehicle maintenance. For MSViTMA's three trucks and three trailers. 46. Vehicle mileage. Covers use of personal vehicle for MSWMA business by General Manager and Recycling Outreach Specialist, paid at county mileage rate. 47. Worker's compensation insurance. Provided by Special District Risk Management Authority. MSWMA 2009 annual report & budget review — page 8 City QJ. Ukiah ITEM O.: 7i MEETING DATE: June 3, 2009 -o- SUBJECT: UPDATE REPORT REGARDING STATUS OF WATER EMERGENCY CONDITIONS NECESSITATING EMERGENCY RESOLUTION TO EXPEDITE CONSTRUCTION OF GOBBI STREET WATER WELL Background: On March 4, 2009, at a regular meeting of the Ukiah City Council, an emergency resolution was adopted to expedite the construction of a water well at the corner of Gobbi Street and Orchard Avenue. Pursuant to Public Contracts Code Section 22050(b)(1), the City Council delegated authority to the City Manager to order action pursuant to subparagraph (a)(1) of that section and directed the City Manager to undertake all steps necessary to have the well constructed without going through a formal competitive bidding process. Pursuant to Public Contracts Code Section 22050(b)(3), adoption of this resolution requires the City Manager to report back to the City Council at its next regular meeting setting forth the reasons justifying why the emergency will not permit a delay resulting from the formal competitive solicitation for bids for the well and why the action is necessary to respond to the emergency. Discussion: The reasons for the emergency were set forth in Resolution No.2009-12. These reasons continue to exist: 1) the State of Emergency declared by the Governor of California due to drought conditions, 2) recommendation to municipalities from Victoria Whitney, Deputy Director for Water Rights for the State of California Water Resources Control Board, that drought conditions may necessitate suspension of surface water rights this summer and to secure groundwater sources, and 3) the time required to drill, develop, and construct a temporary connection from a new groundwater well into the City's water distribution system is not sufficient to comply with the noticing requirements of the Public Contracts Code formal bidding process. Continued on Paqe 2 Recommended Action(s): Receive the report. Alternative Council Option(s): Reject recommended action(s) and provide staff with alternate direction. Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Ann Burck, Deputy Director Public Works — Water & Sewer Division Coordinated with: Jane Chambers, City Manager Attachments: Results of Step Pump Test Approved:�� Jafie Chambers, City Manager The drilling contractor, Zim Industries, completed the test pump on May 20, 2009 and pump development on May 22"d. Zim completed the step pump test on May 26th and is scheduled to complete the constant rate pump test on May 29th. Three different pumping rates were used for the step pump test, 550 gallons per minute (gpm), 920 gpm, and 1,300 gpm to determine at which pumping rate the water level in the well remained above the top of the screen (105 feet). The results of the step pump test are shown in Attachment 1. At 1,000 gpm, the water level stabilized during pumping at 80 feet, well above the screen. Therefore, constant rate test is being conducted at 1,000 gpm. Both Zim and Taber believe that the well could be run at 1,300 gpm for a year and then be re-evaluated to increase the pumping capacity. It may be possible, after a year or so of pumping the well, to blank off the top of the screen down to 120 feet and increase the pumping capacity between 1,500 to 2,000 gpm. Since the lead times for the pump, motor, motor control center were not as long as anticipated, the specification will be modified and the order placed when the pump tests are completed. It is now expected that the motor, pump and motor control center for the Gobbi St. Well can be ordered the first week in June and that a Request for Bid will be issued for construction of the pump house and related equipment and connections close to the same time. pr MEETING D. city of 'U kia h AGENDA SUMMARY REPORT 7j June 3, 2009 SUBJECT: UPDATE REPORT REGARDING STATUS OF WATER EMERGENCY CONDITIONS NECESSITATING EMERGENCY RESOLUTION TO EXPEDITE CONSTRUCTIONOF OAK MANOR DRIVE WATER WELL Background: On March 4, 2009, at a regular meeting of the Ukiah City Council, an emergency resolution was adopted to expedite the construction of a water well at Oak Manor Drive in Oak Manor Park to the east of the tennis courts. Pursuant to Public Contracts Code Section 22050(b)(1), the City Council delegated authority to the City Manager to order action pursuant to subparagraph (a)(1) of that section and directed the City Manager to undertake all steps necessary to have the well constructed without going through a formal competitive bidding process. Pursuant to Public Contracts Code Section 22050(b)(3), adoption of this resolution requires the City Manager to report back to the City Council at its next regular meeting setting forth the reasons justifying why the emergency will not permit a delay resulting from the formal competitive solicitation for bids for the well and why the action is necessary to respond to the emergency. Discussion: The reasons for the emergency were set forth in Resolution No.2009-12. These reasons continue to exist: 1) the State of Emergency declared by the Governor of California due to drought conditions, 2) recommendation to municipalities from Victoria Whitney, Deputy Director for Water Rights for the State of California Water Resources Control Board, that drought conditions may necessitate suspension of surface water rights this summer and to secure groundwater sources, 3) the time required to drill, develop, and construct a temporary connection from a new groundwater well into the City's water distribution system is not sufficient to comply with the noticing requirements of the Public Contracts Code formal bidding process, and 4) both the State Water Resources Control Board staff and the Sonoma County Water Agency staff expect the in -stream flows in the Upper Russian River to be reduced from 75 cubic feet per second (cfs) to 25 cfs on July 1, 2009. At this severely reduced flow, it is not known how much, if any, water will be available from the Ranney collector well or Well #3. Continued on Page 2 . Recommended Action(s): Receive the report. Alternative Council Option(s): Reject recommended action(s) and provide staff with alternate direction. Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works/City Engineer Prepared by: Ann Burck, Deputy Director Public Works — Water & Sewer Division Coordinated with: Jane Chambers, City Manager Attachments: Approved: -�r- hne ClOambers, City Manager The drilling contractor, Zim Industries, began mobilizing equipment on site and installing the conductor casing on May 27, 2009. Zim is scheduled to begin drilling the 18 -inch diameter pilot hole in early June 2009. The tentative date to have the Oak Manor Drive Well completed and available for use is the first week in August 2009. ITE O.: 7k MEETING DATE: 6/3/2009 SUBJECT: UPDATE REPORT ON LOCAL EMERGENCY DECLARATION REGARDING DROUGHT AND WATER SHORTAGE STATUS Summary: In drought conditions, the City may declare a local emergency under the California Emergency Services Act ("ESA"). In addition, the City Council under the Ukiah City Code may declare a Water Shortage Emergency as a Stage I, II or III emergency. At its meeting of April 15, 2009, the City Council adopted a RESOLUTION DECLARING A LOCAL EMERGENCY UNDER THE STATE EMERGENCY SERVICES ACT AND A STAGE I WATER SHORTAGE EMERGENCY UNDER SECTION 3602 THE UKIAH CITY CODE. (Attachment #1) The resolution contains recitals setting forth the drought conditions and the response to those conditions by the State, Mendocino County, the Sonoma County Water Agency and the State Water Resources Control Board which the resolution seeks to address. Please refer to those recitals for details. Subsequent to adoption of the resolution, City staff has responded further to the water shortage emergency by replying to the Sonoma County Water Agency (SCWA) regarding actions that the City of Ukiah has taken, and will be taking, to address water conservation. Attachment 2 is a copy of that letter. The letter outlined actions that the City is taking, responded to SCWA's request for water use information, and included an outline of the City of Ukiah's water conservation program for 2009. As a result of the drought, the City Council has considered many different aspects of the water shortage issue Under Council's direction, staff has implementation a series of water conservation and education measures. In addition, the City has a full time staff position dedicated to implementing these measures. On May 22, 2009, City staff attended an urgent meeting with the County of Mendocino and many others representing the various water agencies in the greater Ukiah Valley. The meeting was chaired by Roland Sanford of the Mendocino County Water Agency. The agenda was to discuss the overall emergency in the valley and to try to communicate to the community with one voice. At the meeting, County staff indicated that plans to extend the County's resolution declaring a Water Emergency. All the water agencies present agreed that this was a proper course of action. The resolution will include the state of all of the water agencies and the dates in which they declared similar emergency resolutions. A draft of this proposed resolution is included (Attachment 3) Recommended Action: City Council receive the status report on water shortage emergency, and provide further direction on water shortage activities as needed. Alternative Council Option(s): N/A Citizens advised: N/A Requested by: Jane Chambers, City Manager Prepared by: Tim Eriksen, Director of Public Works and City Engineer Coordinated with: City Manager Attachments: Attachment 1 — Resolution Attachment 2 — Letter to SCWA Attachment 3 — County of Mendocino (draft) resolution Approved: 6`� �- ---- �'1-- Jafie Chap hers, City Manager ATTAc RESOLUTION NO. 2009-17 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UIC[AH DECLARING A LOCAL EMERGENCY PURSUANT TO THE EMERGENCY SERVICES ACT AND A STAGE I WATER EMERGENCY UNDER SECTION 3602 OF THE UIGAH CITY CODE 1. Lake Mendocino and the Russian. River are one current source of water for the City of Ukiah and the primary source of water for other domestic and agricultural users of water in Mendocino and Sonoma Counties; and 2. Average rainfall through March for the area contributing run-off to Lake Mendocino is 42 inches and the rainfall total through March 2009 is 23 inches. and 3. There have been below average rainfall and reduced storage in Lake Mendocino in 2004, 2007 and 2008; and 4. Average rainfall for April — Pune is 4.8 inches; and 5. Even average rainfall for the remainder of the rainy season cannot compensate for the extremely low rainfall this year; and 6. Lake Mendocino held approximately 53,000 acre feet on April 1, 2009, with a Lake level of 727.63 feet; and . 7. The average Lake storage in April is 84,448 acre feet, the Lake storage in April 2007 was 66,617 acre feet and the average Labe storage in October is 55,854 acre feet, more water at the end of the dry summer season than is currently stored in the Lake; and 8. The historically low water storage level in Lake Mendocino this year is part of a statewide water shortage caused by inadequate rainfall which has prompted Governor Schwarzenegger to declare a statewide emergency under the Emergency Services Act due to these drought conditions; and 9. Mendocino County has declared a local emergency due to drought conditions under the Emergency Services Act; and 10. On April 6, 2009, the State Water Resources Control Board ("SWRCB") has approved an Urgency Change Petition filed by the Sonoma County Water Agency ("SCWA") to reduce in -stream flows in the Russian River to 75 cfs from April 6 -June 30, 2009 and to as low as 25 cfs for the period July 1 -October 2, 2009, if cumulative total inflow to Lake Mendocino is equal to or less than 25,000 acre feet for the period April 1 -June 30, 2009; and 11. The order approving temporary changes to the minimum in -stream flows required by the appropriative rights permits issued to SCWA is subject to several conditions, including a condition requiring the SCWA to submit a plan by May 6, 2009, to the SWRCi3 to "obtain the cooperation and participation of agricultural and municipal Russian River water users to reach a water conservation goal of 25 percent in Sonoma County and 50 percent in Mendocino County for the period of April 6, 2009 until the expiration of this order (October 2, 2009)°'; and 12. A local emergency under the California Emergency Services Act (Government Code §8550 et seq.) is defined in Section 8558(c) as the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the City caused by such conditions as drought which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of individual Iocal governments and which require the combined forces of other political subdivisions to combat; and 13. The historically low rainfall and water storage in Lake Mendocino qualifies as a local emergency under the statutory definition; and 14. In a declared local emergency, local agencies may provide mutual aid as needed pursuant to agreements or resolutions, state agencies may provide mutual aid to local agencies pursuant to agreement or at the direction of the Governor, costs incurred by the City in providing mutual aid pursuant to agreements or resolution constitute a charge against the state, when approved by the Governor in accordance with adopted regulations, and the City Council may promulgate orders and regulations for the duration of the emergency to provide protection for life and property (see Government Code §§ 8631-86-34); and 15. In a declared Iocal emergency, the City Council must review the state of the emergency not less than every 21 days after first declaring the emergency; and 16. Under Ukiah City Code Section 3602, the City Council may by resolution declare a water emergency, specify the degree of emergency and place into effect the appropriate provisions of Division 4, Chapter 1, Article 11 of the Uriah City Code pertaining to a Water Shortage Emergency; and 17. In a Stage I water emergency the Mayor shall issue a proclamation urging citizens to institute such water conservation measures on a voluntary basis as may be required to reduce water demand to coincide with available supply; and 18. The City Council has already authorized the development of a groundwater well on an emergency basis to provide the City with an additional water source this summer that does not rely on the Russian River or water stored in Lake Mendocino; and 19. Stage II and HI water emergencies impose various mandatory conservation measures on City residents, including a prohibition on "nonessential water use" in a Stage II water emergency and a limit on the daily use of water by different classes of water user in a Stage III emergency; and 2 20. The City can declare a Stage II or Stage II emergency, if voluntary measures or less sever mandatory measures does not achieve an adequate reduction in the use of Russian River water or in water use generally to meet the available supply; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah hereby: 1. Declares a local emergency due to drought under the Emergency Service Act. 2. Declares a Stage I Water Storage Emergency under Ukiah City Code Section 3602. 3. Directs the City Manager: a. to identify and encourage the use as a Russian River water user of voluntary measures to reach a water conservation goal of 50 percent for the period of April 6, 2009 to October 2, 2009 ("Conservation Perio(f"}, and to report bacI€ to the City Council at each City Council meeting field during that same time period on the measures identified, the means used to encourage their use, the amount of water use reduction, and the status of the emergency conditions; b. to notify the City Council, if the City Manager determines that a Stage I Water Emergency is not reducing water use to match the available supply and to recommend a Stage 11 or III emergency, if necessary to achieve that level of water use; - c. at City Council meetings during the Conservation Period to recommend temporary rules or orders to supplement or modify mandatory conservation measures in a Stage H or III Water Storage Emergency to reduce water use to the available supply and to achieve the conservation goals in Order WR 2009-0027-DWR issued by the Division of Water Rights of the State Water Resources Control Board; e. to work with other local governments in the County, including the incorporated cities and county water districts, to preserve as much water as possible for use during the dry summer months and for the fall return of Chinook Salmon to the Russian River; and d. to coordinate mutual aid efforts to address the local emergency between and among political subdivisions in Mendocino and Sonoma Counties and state agencies. PASSED AND ADOPTED on April 15, 2009, by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin; and Mayor Baldwin NOES: None ABSTAIN: None ABSENT: None Philip E. aldwin, Mayor ATTESTr Lind . ro ity Clerk 3 April 28 2009 Lynn Florey Sonoma County Water Agency Principal Program Specialist P.O. Box 11628 Santa Rosa, CA 95406 Dear Ms. Florey; 71 ATTAO This letter is written in response to your letter dated April 17, 2009. I do not know when your letter was received by the City of Ukiah, but it arrived at our water treatment plain rather than in my office at City Hall. The letter was just brought to my attention Iate yesterday. I had been expecting a request to respond to Sonoma County Water Agency for information related to the State Water Resources Control Board's ruling, and, therefore, am making an effort to meet your deadline of today's date. In future, it world be helpful if you could copy and/or address critical dated correspondence about these current drought conditions directly to my office, as that will assist us in making timely replies. Attached, please find the diversion volumes information requested in your letter. You will see that overall annual water use since 2004 has been reduced by 11.4%. Water use in the months of April through October has been reduced since.2004 by 13%. Diversion volume during the months April through October has also been reduced, for some 25% between 2004 and 2007, and 16% between 2004 and 2008 use. Reduced use over the last few years is a result of the City's commitment to institute conservation measures in both the irrigation and domestic use of water in our community. Attached please find the City of Ukiah's Water Conservation Program which outlines current activities the City is taking to address water conservation. With regard to immediate drought related conditions, here are some technical and rate related factors that the City ofUkialn must deal with as the summer and high irrigation use time approaches: The City's water supply is obtained from a Ranney collector well and Wel Is #3 and A. The Ranney and Well 93 draw water from an alluvial zone along the Russian River. The pumping capacity of both the Ranney collector and Well are affected by the amount of flow in the river. If that water is not available during this summer, the only source of water available as of this date will be Well #4, which is percolated groundwater. On February 27, 2009 Governor Arnold Schwarzenegger declared a water shortage. On February 26, 2009, the City received a letter from Victoria A. 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax# 707/463-6204 Web Address: www.cilyofultiah.com N J Whitney, Deputy Director for Water Rights for the State of California Nater Resources Control Board, dated February 26, 2009, in whicli the City was advised that "there will not be sufficient surface water available during the year for those who hold water permits, licenses, and registrations issued by the State Water Board," and that the city should Iook into acquiring a firm alternative source of water. The City Council acted to recognize that emergency conditions existed with regard to the availability of water for residents of the City of Ukiah, and with regard to the construction of a Well. It passed a resolution on March 4, 2009 to have a well developed under emergency conditions related to public project bid procedures.. This well is known as the Gobbi Street Well. It is currently under construction. As of this writing, the City's water use demand is being met by its current well resources. However, if there is no water available f -om the Russian River for the sunimer months. the City's only drinking water source would be Well #I. This well can only provide l MGD. The City would be forced to declare a Stage 3 water emergency under its current ordinance. Stage 3 restricts water use to 50 gallons per permanent resident and prohibits all irrigation. Should the Gobbi Street Well be completed and functional for summer use, the City will use that resource to avoid the severe property damage and financial impacts to both its users and the water utility that would be experienced under a Stage 3 declaration. The City Council of UIiah adopted a water shortage emergency declaration on April 15, 2009. This declaration allows the City Council to institute a number of measures to meet water conservation efforts short of instituting a full Stage 2 declaration under the City's current drought ordinance. This means that turf watering could be restricted, or, if unavoidable, eliminated altogether. Irrigation of other types of landscaping could be restricted to drip irrigation, for example, or subject to other restrictions. m The Council has instructed city staff to achieve turf watering restrictions for the largest irrigation customers of the water utility, namely, the City of Ukiah Parks, County of Mendocino, Ukiah Unified School District, Russian River Cemetery District, and the 121h District Agriculture Association Fairgrounds. That effort is in progress. The City has had in place alternate watering days for outside irrigation, and will enforce this measure for the summer high water use months. The City has engaged a consultant to conduct a water rate study. This study will include new water rates to increase incentives for water use conservation, over those already in place. It will also provide for revenues to address times of severely restricted water use, such as that faced by the utility for this summer. City staff is actively seeking stimulus Raiding for a system to deliver recycled water from the City's wastewater treatment plant. At die current time, it is anticipated that the wastewater treatment plant could begin to produce recycled water by August of 2009. A distribution system is under design and plans will be developed within the next few months. Funding for this important resource delivery project will be explored from all possible resources, as the City fully recognizes the value of using recycled water to lower the demand for surface water in our area. Although a recycled water distribution system cannot be in place for this summer, the City will pursue developing this resource. With regard to efforts to identify and prevent water waste and unreasonable use: Typical water waster penalties include, in the order implemented: I. Educational letter or visit 2. Educational visit and warning 3. Citation 4. Installation of flow restrictor and possible fine 5. Shutoff and reconnection fee The City will identify water wasters through monitoring the water meters and citizen reports. In closing, please review all aspects of the attached conservation measures and water use detail in addressing the four questions of your letter, in addition to the specific issues addressed in the above bullet points. Please call me at 707- 463- 6213 if you have questions regarding this information. Sincerely, Jane A. Chambers City Manager Attachments: 1. City of Ukiah Water Use - 2. City of Ukiah Water Conservation Program 1-009 ATTACHMENT 2 RESOLUTION NO. 09 - RESOLUTION OF THE MENDOCINO COUNTY BOARD OF SUPERVISORS AMENDING THE ORIGINAL RESOLUTION AND EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY IN MENDOCINO COUNTY DUE TO DROUGHT CONDITIONS WHEREAS, Section 8630, Article 14 of the California Emergency Services Act requires that the County of Mendocino Board of Supervisors review, at least every 14 days until such local emergency is terminated, the need for continuing the local emergency; and WHEREAS, Mendocino County is now in its third consecutive year of drought; and WHEREAS, Lake Mendocino storage remains at an unprecedented low level, and drought conditions and water delivery limitations have become worse in this third year of drought, creating emergency conditions in Mendocino County; and WHEREAS, on December 11, 2007 the Redwood Valley County Water District Board of Directors declared a Water Shortage Emergency due to lack of adequate rainfall, and that lack of adequate rainfall has continued through the winter of 2008-2009; and WHEREAS, in response to continuing drought conditions, on March 3, 2009, the Mendocino County Board of Supervisors and the Mendocino County Water Agency Board of Directors adopted concurrent Resolution No. 09-044 to conserve the County's water supplies in anticipation of continuing drought conditions; and WHEREAS, on April 15, 2009 the City of Ukiah City Council declared a Local Emergency under the State Emergency Services Act and a Stage I Water Shortage Emergency under Section 3602 of the Ukiah City Code; and WHEREAS, on April 16, 2009 the Redwood Valley County Water District Board of Directors declared that the December 11, 2007 emergency was still in effect, and that it would be necessary to increase the level of conservation to Tier 4 of Redwood Valley County Water District's Ordinance number 1, with 50 percent mandatory conservation effective May 15, 2009; and WHEREAS, the drought conditions impacting Lake Mendocino water storage are exacerbated by the 2004 Potter Valley Federal Energy Regulatory Commission Decision restricting water diversions from the Eel River to the Russian River by an average of 35 percent, as well as Water Right Decision 1610, which governs stream flow releases from Lake Mendocino and mandates unnecessarily high stream flow releases that the National Marine Fisheries Service has concluded greatly limit the quantity and quality of juvenile salmon and steelhead habitat in the Russian River; and WHEREAS, due to drought conditions and the aforementioned regulatory constraints, it is unlikely that Lake Mendocino storage, the principal source of water for much of Mendocino County and the sole source of water for Redwood Valley, will be adequate to meet the essential water supply needs of the County's residents this summer and fall; and WHEREAS, it is projected that Lake Mendocino will be effectively dewatered by the end of July unless there are increased diversions into or immediate reductions in mandated releases from Lake Mendocino; and WHEREAS, Mendocino County recently endured one of its worst fire seasons in history and the continuing drought conditions increase the risk of devastating fires and reduced water supplies for fire suppression; and WHEREAS, the adverse environmental, economic, and social impacts of the drought pose an imminent threat of disaster and threaten to cause Widespread harm to people, businesses, property, communities, wildlife and recreation in Mendocino County; and WHEREAS, on March 24, 2009, the Board of Supervisors adopted Resolution No. 09-069, declaring a local emergency and imminent threat of disaster in Mendocino County due to drought conditions, the Board has reviewed the need to continue the existence of a local emergency. WHEREAS, the Mendocino County Water Agency are subject matter experts and provide leadership for compilation of statistics and required documentation relative to drought conditions in Mendocino County; and WHEREAS, the Office of Emergency services will coordinate as required by Section 8630, Article 14 of the California Emergency Services Act, the 14 day extension/review for the continuation by resolution of local emergency, until the Mendocino County Water Agency General Manager Roland Sanford, instructs Office of Emergency Services to initiate the process to terminate said emergency, and NOW, THEREFORE, BE IT RESOLVED that the Mendocino County Board of Supervisors requests assistance from the State of California, from all relevant State agencies, including but not limited to, the Office of Emergency Services, the Department of Water Resources, the State Water Resources Control Board, the Department of General Services, the Department of Public Health and the Department of Food and Agriculture, with such assistance to include, but not be limited to, the provision of technical and financial assistance, surplus equipment, and regulatory relief to assist in mitigating or averting the impacts of the drought emergency by increasing water supply and availability, reducing mandated water releases, facilitating water transfers and emergency intertie connections, and all other necessary and appropriate actions to mitigate or relieve the drought emergency, and BE IT FURTHER RESOLVED that the Mendocino County Board of Supervisors requests that a Federal declaration of emergency be declared for Mendocino County and further requests that Federal assistance be made available from all relevant Federal agencies, including, but not limited to the Department of Agriculture, the Department of the Interior and the Federal Drought Action Team. BE IT FURTHER RESOLVED that the Mendocino County Board of Supervisors declares that a local emergency and imminent threat of disaster exists in Mendocino County due to drought conditions and hereby proclaims the extension of the period of local emergency for 14 additional days unless sooner terminated. The foregoing Resolution introduced by Supervisor , seconded by Supervisor and carried this day of 2009, by the following vote: AYES: NOES: ABSENT: WHEREUPON, the Chair declared said Resolution adopted and SO ORDERED. JOHN PINCHES, Chair ATTEST: KRISTI FURMAN Mendocino County Board of Supervisors Clerk of the Board I hereby certify that according to the provisions of Government Code Section Deputy 25103, delivery of this document has been made. APPROVED AS TO FORM. JEANINE B. NADEL, County Counsel BY: KRISTI FURMAN Clerk of the Board Deputy ITEM NO.. FETING DATE: City ¢1 ,zircah 111111110 T 0.. 10a June 3, 2009 SUBJECT: REVIEW AND POSSIBLE ADOPTION OF A RESOLUTION OPPOSING THE MENDOCINO CROSSINGS MASONITE MIXED USE SPECIFIC PLAN SUMMARY: On May 20, 2009, the City Council conducted a public discussion regarding the Mendocino Crossings Masonite Mixed Use Specific Plan and considered adoption of a resolution opposing the proposal. At the conclusion of the discussion, the Council directed staff to work with Councilmembers Thomas and Landis to prepare a final resolution for possible adoption on June 3, 2009. The resolution has been prepared and is submitted for final discussion and possible adoption. Fiscal Impact: F-1NewAppropriation ® Not Applicable Budget Amendment Required El Budgeted FY 08/09 Recommended Action(s): 1) Discuss and possibly adopt the resolution opposing the Mendocino Crossings Masonite Specific Plan proposal. Alternative Council Option(s): Do not adopt the resolution and provide direction to Staff. Citizens advised: N/A Requested by: Councilmembers Landis and Thomas Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Jane Chambers, City Manager Attachments: 1. Resolution Approved: Jane Chambers, City Manager RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH STRONGLY OPPOSING THE MENDOCINO CROSSINGS MASONITE MIXED USE SPECIFIC PLAN BASED ON THE CITY COUNCIL'S CONVICTION THAT THE SPECIFIC PLAN WILL HAVE DETRIMENTAL EFFECTS ON THE CITY OF UKIAH AND THE REGION WHEREAS a request for Ballot Title and Summary for an initiative has been filed with the Mendocino County Clerk to Amend the Mendocino County General Plan and the Inland Zoning Code of Mendocino County, and to enact the Mendocino Crossings Mixed -Use Masonite Specific Plan; and WHEREAS the Mendocino Crossings Mixed -Use Masonite Specific Plan would allow approximately 650,000 square feet of commercial development and 150,000 square feet of residential development on approximately 74 acres north of and in close proximity to the City of Ukiah; and WHEREAS the City of Ukiah has reviewed and discussed the Mendocino Crossings Mixed -Use Masonite Specific Plan; and concludes that build -out of the Masonite site pursuant to the provision of the Specific Plan could result in potential impacts to the City of Ukiah; and WHEREAS the potential impacts include: 1) Traffic congestion resulting from the future connection of the Orchard Avenue Extension to proposed Valley Drive that would serve commercial and residential development rather than previously assumed industrial development; 2) Traffic congestion associated with the uncertainty of the effectiveness of the 5 additional traffic lights on North State Street proposed as part of the Specific Plan; 3) The cumulative build -out of the greater Ukiah Valley area has already negatively impacted public safety services within the City of Ukiah. The proposed project increases these negative impacts on police and fire services. These impacts include increased criminal activity within the City limits as the daytime population grows, increased traffic congestion and accidents, decreased traffic safety, and increased demands for emergency medical and fire services without compensation for law enforcement and fire services; 4) The vague and unsubstantiated claims about water availability in the Specific Plan are characteristic of the plan as a whole and its failure to promote effective regional planning. Overall the major elements of the Specific Plan will result in piecemeal planning as opposed to sound, integrated planning; 5) A threat to the viability of existing retail businesses throughout Mendocino County; 6) Aesthetic impacts resulting from broad and vague design standards, design guidelines and landscaping guidelines contained in the Specific Plan that provide the property owner with the decision-making authority. These standards and guidelines ignore the vision for future development established by valley residents. These vague standards offer no opportunity for public interaction or participation; and 7) A significant change in community character because of the size, intensity and magnitude of the project; and WHEREAS, the citizens of Mendocino County expect that all persons and entities wanting to locate in our communities will respect and follow the same community land use processes that local businesses and property owners must follow, rather than circumvent those processes. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ukiah strongly opposes the Mendocino Crossings Mixed Use Masonite Specific Plan and finds as follows: 1. The Mendocino Crossings Mixed -Use Masonite Specific Plan could have potentially significant adverse impacts on the City of Ukiah's budget, public safety services and infrastructure, traffic safety and circulation and our small town quality of life. 2. Ordinarily, an Environmental Impact Report would be required for the project to analyze the potentially significant adverse impacts, advise the public about those impacts, and develop reasonable and feasible mitigation measures to eliminate the impacts. 3. The Initiative process does not require an Environmental Impact Report and therefore the potentially significant adverse impacts will not be studied, the public will not be informed, and a thorough and complete list of mitigation measures will not be prepared and required for the build -out of the 800,000 square foot Mendocino Crossings Mixed - Use Masonite Specific Plan area. 4. We urge all citizens to study the Mendocino Crossings Mixed -Use Masonite Specific Plan to become informed about the potential size, magnitude and intensity of its build- out and the implications of re -zoning our County's prime industrial site. 5. The City Council has directed staff to participate in the analysis of potential impacts which Mendocino County's Board of Supervisors has requested related to Election Code 9111. Results from this inquiry will be made available to the public at regularly scheduled City Council meetings. As required by law, no public funds shall be used in the campaign for or against this initiative. PASSED AND ADOPTED this 3 I day of June 2009, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Philip E. Baldwin, Mayor ATTEST: Linda Brown, City Clerk iOa— June 3, 2009 Honorable Mayor and City Council: I apologize that circumstances are keeping me from presenting this letter in person. While Developers Diversified respects your right to take a position on the proposed rezoning of the former Masonite plant site we would like to suggest that doing so tonight is premature in light of these facts: 1. The initiative has yet to be qualified for any ballot. 2. The county requested 9- 111 Study has not been released 3. Some of your conclusions are simply not factual and 4. Neither of us have taken the opportunity to request a meeting so we can clearly explain what is contained in the specific plan. The initiative process we are now undertaking is not the preferred approach to land use legislation by any of us. We are taking this path now because of the following; 1. We submitted our first application to the County for a zone change in 2005. We subsequently submitted two updated applications that came as a result of the new and supposedly improved UVAP and from input we received from a very extensive public outreach process. This process started in 2007 and ended in March of 2008 when, over a period of three days, we presented our vision for the site. At three meetings that each averaged 100 attendees, we presented our vision for the site and the last application, submitted in August of 2008, embodied what we learned in our process of listening to the wants an needs of Mendocino County citizens, many of whom live in the City of Ukiah. 2. Each time we updated our application we were told the same thing. The county would not process zone change applications for properties covered in the UVAP until after it was complete. We were accepting of this position at first because the schedule published on the county website showed it being completed in late 2007. Even though this was a full two years after our first application we felt that the process, as laid out then, was important to this valley. The revitalized UVAP process started out very positive but has since stalled.. 3. In mid 2008 the County presented and posted a revised UVAP schedule indicating that the process would conclude in late 2009. This same schedule indicated their updated draft EIR would be out in April of this year which has not happened. The UVAP, for what ever reason, has clearly dropped off the county radar. The UVAP process has been frustrating and the city's role in that process limited at best. There is nothing "normal" about this countys planning process and hopefully you see that the road we have now chosen is, while not preferred, the only option available. We have been criticized by some in the media for taking an end run around the planning process but we submit to you that it is impossible to end run a process that has no end. We clearly understand the differences inherent in this road we are on. Most notably the exemption, allowed by law, from CEQA. The initiative process is a legal option that is often utilized in California when there are no other options. If the normal road had been open at the county you would have been asked to make comments to an EIR. This road we are on does not preclude stake holders from sitting down to talk. We have been asked by many groups and individuals to meet and explain what actually is in that 300 plus page document and we have 1401 Willow Pass Road, Suite #850 Concord, CA 94520 925-691-5589 / 925-676-4774 / www.ddr.com June 3, 2009 Page Two refused none. Many of the technical studies often found in an EIR have been completed. We are willing to share this data with those who are interested in learning the facts. The citizen's of Ukiah deserve more than a resolution that uses speculation and innuendo as its basis. Please accept this as our invitation to talk. Director sified Realty 1401 Willow Pass Road, Suite #850 Concord, CA 94520 925-691-5589 / 925-676-4774 / www.ddr.com ITEM NO.: iob MEETING DATE: June 3, 2009 city of eukiah AGENDA SUMMARY REPORT SUBJECT: AWARD OF CONTRACT FOR MANHOLE REHABILITATION AND SEWER PIPE RELINING, SPECIFICATION NO. 09-07 Summary: Staff is requesting that the City Council award the contract for Manhole Rehabilitation and Sewer Pipe Relining, Specification No. 09-07. Background: The City distributed plans and specifications to eleven builders' exchanges and five contractors for Manhole Rehabilitation and Sewer Pipe Relining, Specification No. 09-07. The City publicly advertised this project on May 17 & 22, 2009, in the Ukiah Daily Journal. A copy of the Notice to Bidders was sent to all license class A and all license class C-34 contractors on the City's 2009 Qualified Contractors List. Sealed proposals will be received and opened by the City Clerk on June 2, 2009. This project will rehabilitate 50 manholes and will reline 7,736 lineal feet of sewer pipeline. Staff is seeking Council approval for award of the contract based on the outcome of the bid opening. A bid tabulation sheet will be provided to the Council and the public at the meeting. If the bid is awarded, compensation for the performance of the work will be based on unit prices bid for contract item quantities actually installed. Bid totals are based on unit prices bid for contract items at estimated quantities, and therefore, the actual total paid to the contractor may be lower or higher than the bid total indicated. As with construction projects, there may be cost overruns by reason of unforeseen work or because actual quantities installed exceed estimated quantities. Policy Resolution No. 13, authorizes the responsible Department Head, with approval of the City Manager, to issue change orders not to exceed 10 percent of the original contract sum or $5,000 whichever is greater provided that no change, when added to the original contract sum, exceeds the amount budgeted for the project. Fiscal Impact: ® Budgeted FY 08/09 F-1New AppropriationF—I Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested $383,500 Sewer Capital Projects 614 614.3510.810 $ 35,000 System Maintenance 612 612.3510.302 Recommended Action(s): Award contract for Manhole Rehabilitation and Sewer Pipe Relining, Specification No. 09-07, to the lowest responsive, responsible bidder based on bids submitted on June 2, 2009. Alternative Council Option(s): (1) Reject Bids; (2) Provide Staff with other direction. Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works / City Engineer Prepared by: Rick Seanor, Deputy Director of Public Works – Engineering & Streets Coordinated with: Jane Chambers, City Manager 41V— Attachments: None. Approved: a e CharAbers, City Manager ,o MEMORANDUM To: Members of the City Council /� From: Alan Hasty, Assistant Engineer 45 17 cc: JoAnne Currie, Deputy City Clerk Date: . June 2, 2009 Re: ITEM 10b — Meeting of June 3, 2009, Award of Contract for Manhole Rehabilitation & Sewer Pipe Relining Specification No. 09-07 Attachment "A" for your review is the Bid Tabulation sheet for the above referenced project. The bid opening occurred at 2:00 PM Tuesday, June 2, 2009. Two contractors submitted bids. The lowest responsive, responsible bidder is J. F. Pacific Liners, Inc. with a bid of $321,496.00. Upon review of the bid proposal from J. F. Pacific Liners, Inc., staff noted that they had copied the bid proposal forms from a specification book and submitted these pages separately. City bid documents require the bid proposal to be submitted as a complete package contained within the specification document. Staff has reviewed J. F. Pacific Liners' bid proposal and has determined that the bid proposal was made using City bid forms and that all pages are included with the bid proposal. As such, staff recommends that the City Council waive the irregularity and award the project to J. F. Pacific Liners, Inc. This project includes rehabilitation work on 18 manholes in the Ukiah Valley Sanitation District (UVSD). Based on the unit bid prices, a budget amendment will be required by the UVSD for their share of the cost. The UVSD District Manager attended the bid opening and he stated that he would support a budget amendment for the project. RECOMMENDED ACTION: Waive the irregularity and award the construction contract for $321,496.00 (with designation of funding in the amount of $32,149.60 for authorized change orders) for the Manhole Rehabilitation & Sewer Pipe Relining Specification No. 09-07 to J. F. Pacific Liners, Inc. 9 P-1 N LH m 0 0 0 0 0 0 0 0 0 0 0 0 c Cf) O In N O r i O Q , (O - M IS r` to O N fU f' 0 e o R' O cd, N Ei} ffl tC\Fo Cn cln Cf} N E/} CM C0 Ef} « n aO O � � U (D Ci) a> o0000o a f_ Cn O Ln(p c0 F- _U z N O O to 't H}K}� M -t Q O M F N ifl O 0 C:) O O 0 0 O 00 O O U O to pp O Q coOO�trC.0 \ t0 L Q r C(fl r (OOOMSi U #36r�d^ r ��c NO J 6s M Ft} w > cu � aj0 ~ o00000 ooCcoCMNM LL Z CA O r Ef} E!} Efl O F- Ile CO-6F� ® rn o o 0 0 o 0 O � OO OOotCf CMOOM CO Q COOcu P-1 Oro Q M r CA r to CA O d -LOO l00 O Q o -A+ I-- (f} E!} 6Ff rEFt Eft 6% Q _ —� d r' 00 O N W v> 69 1 O 2 L _U LL N N ^N co O 00o00o Q c ¢ ~ oo�Mv� IL U- � p >+ O W ? O O - Ef} % 64 o 1- ® ® p 0 m Z C r 69 r- _ U N W Ef} Eta CU CD a t5 0- O _ W o� 2 o � a m � o ca Q I Q- Z O - W ( CO 1 N 1 r i U) p _I .J ._I LU � CL) an. = 0- CL a- cii U U U � M t6 f6 ��U 0 oofatLo. m c c c N U 0 - m -C 0 ca f-• Z J LL J J J J � LU r J z `-`-Cl)) r ctON Q L(j r r W Z t- NMet CnCO 9 P-1 N LH m ITEM NO.: 10c FETING DATE: June 3, 2009 0 . ill- - ■ 0 Summary: Staff is requesting that the City Council, through the attached resolution, authorize the City Manager to award the contract for Rehabilitation of the Ukiah Railroad Depot, Specification No. 08-09. This request is duo to the requirement from Caltrans to award the project by June 30, 2009. Background: On May 20, 2009, City Council approved the plans and specifications for the rehabilitation of the Ukiah Railroad Depot and directed staff to advertise for bids. The Request for Authorization package is currently being reviewed by Caltrans and the Federal Highway Administration. By the end of May, staff anticipates receiving authorization from Caltrans to advertise the project. In order to meet public notification requirements, the bid opening has therefore been set for June 29, 2009. The regular City Council meetings of June 3 and 17 will occur prior to the date bids can lawfully be opened. Staff is therefore requesting authorization for the City Manager to award the bid for this project. The resolution authorizes the City Manager to award the bid in an amount not to exceed 20% of the engineer's estimate ($501,636) in order to cover approved change orders and/or bids exceeding the estimate. The additional amount of up to $100,327 is requested in a corresponding Ukiah Redevelopment Agency agenda item. Fiscal Impact: ® Budgeted FY 08/09 F-1 New Appropriation F-1 Not Applicable 7 Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested $283,384 Special Revenue 250 250.9900.250.002 $223,252 RDA 965 965.5618.250.002 965.5618.250.002 Not to exceed $100,327 Recommended Action(s): Adopt resolution authorizing the City Manager to award a contract for Rehabilitation of the Ukiah Railroad Depot, Specification No. 08-09. Alternative Council Option(s): Provide and approve alternate award authorization instructions to the City Manager. Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works / City Engineer Prepared by: Rick Seanor, Deputy Director of Public Works – Engineering & Streets Coordinated with: Jane Chambers, City Manager Attachments: 1 – Resolution for adoption. Approved: 15- Jade Chambers, City Manager 1. At its regular meeting on May 20, 2009, the City Council approved the plans and specifications, No. 08-09, for the rehabilitation of the Ukiah Railroad Depot ("the Project"); and 2. The Project is funded, in part, by a combination of grants under the Transportation Enhancement Activities ("TEA") and State Transportation Improvement Program ("STIP") grants and funds from the Ukiah Redevelopment Agency; and 3. Under the STIP grant, the contract to construct the Project must be awarded by June 30, 2009, or the City could lose these sources of funding for the Project; and 4. The notice to bidders must be published and distributed not less than 14 days before bid opening and the plans and specifications must be available for public inspection for not less than 30 days before bid opening; and 5. The California Department of Transportation ("Caltrans") must approve the plans and specification before they can be made publicly available for inspection; and 6. The regular City Council meetings of June 3 and 17 will occur before the bids can be lawfully opened; and 7. The bids are due to be opened on June 29, 2009; and 8. In order to preserve the STIP funding the bid must be awarded to the lowest responsive and responsible bidder before the City Council can convene and meet; and 9. Ukiah City Code Section 1521, the award of bids requiring formal public bidding is presumed to be approved by the City Council, but no provisions specifically requires the award of the bid to be performed by the City Council; and 10. Unusual circumstances require the contract for the construction of the Project to be awarded after the bid opening by the City Manager, acting as the City's Purchasing Officer, subject to the requirements in the City Code and state law governing the award of public projects costing more than $125,000; 1. The City Manager is hereby authorized to award the contract for the Project in compliance with Ukiah City Code Section 1521 and the Uniform Construction Cost Accounting Act to one of the bidders who filed a bid prior to the bid opening ("a bidder"). 2. The City Manager shall award the contract, provided the lowest responsible and responsive bid does not exceed the engineer's estimate of $501,636, and provided, further, that if the lowest responsible and responsive bid exceeds the engineer's estimate by no more than 20%, the City Manager may award the bid. The TEA and STIP grants will fund $283,384 and the Ukiah Redevelopment Agency will fund up to $323,579; and 3. If any bid is rejected as non-responsive, the City Manager shall report to the City Council at its next regular meeting occurring not less than 10 days following the award of bid on the basis for such rejection. 4. Any awarded bid shall be accepted subject to the resolution of any bid protest filed by a bidder in writing with the City Manager not more than five calendar days following the bid opening. If any such timely written protest is filed, all bidders shall be provided a copy of the protest within 2 calendar days of its receipt, which may be delivered to the bidders as an email attachment or by fax. All such bidders may file with the City Manager a written objection or other response to the protest. All objections or responses filed not more than 5 days after receipt of the written protest will be presented to the City Council at its next regular meeting occurring not less than 12 calendar days following the bid opening. The City Council will resolve the bid protest at that meeting based on the written protest, any staff recommendation and all timely written objections and responses. In accordance with the Brown Act, any person may address the City Council on this item during the meeting. The City Council action on the protest shall represent a final decision by the City on the protest and the award of the contract. PASSED AND ADOPTED this 3rd day of June, 2009, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ATTESTED: Linda Brown, City Clerk 2 Phil Baldwin, Mayor 711=1 A 110 CeIII7_1 114 'M a t' e SUBJECT: DISCUSSION A AMEND APPROPRIATIVE WATER RIGHTS PERMIT m 6/03/2009 Summary: The City Council has previously approved revisions to the City's pending petitions to amend its Appropriative Water Rights permit, as to (1) the time to actually use the water it is authorized to divert under the permit, (2) the allowed places of use under the permit' and (3) adding Wells 5 and 6 as points of diversion under the permit. The Council has also endorsed in concept designating a well field as an additional place of use. This agenda item seeks the Council's approval for the designated well field bordered by a solid black line on the map attached as Attachment 1. (The dashed yellow line on Attachment 1 also shows the proposed place of use.) If approved, the City could construct additional wells anywhere within the designated well field without additional amendments to its permit. Staff requests authorization to file the revisions to the pending petitions as described in this report. Background: On August 17, 1961, the Water Resources Control Board ("Water Board") approved the City of Ukiah's application No. 15705 and issued to the City Permit No. 12952 to appropriate 20 cubic feet per second from the underflow of the Russian River on a year round basis with a priority date of January 25, 1954. The time for putting to beneficial use the water authorized for diversion under the permit had been extended several times with the most recent extension expiring on December 31, 2000. On November 15, 2000, the City applied to extend that deadline for an additional 10 years. That petition is pending. On July 1, 2002, the City filed a petition to amend the permit to allow the City to use water in a larger area than is allowed under the original permit and to include as additional points of diversion Wells 5 and 6. 1 The area where the City is allowed to use the water diverted under the permit is called "the place of use." Continued on Page 2 Recommended Action: Approve well field as shown on Attachment 1, and authorize staff to file the above-described revisions to the pending petitions to amend the City's Water Rights Permit. Alternative Council Option(s): Discuss and provide direction on modifications to the well field. Citizens advised: NIA Requested by: City Manager Prepared by: David J. Rapport, City Attorney Coordinated with: City Manager Attachments: Attachment 1 — Map showing Place of Use and Points of Diversion Approved: - - Ja a Chanibers, City Manager Subject: Consideration and possible approval of water permit amendments Meeting Date: 6/3109 Page 2 of 2 The City is required to prepare an Environmental Impact Report under the California Environmental Quality Act ("CEQA"} to evaluate the environmental impacts from these changes to its permit. When it conducted a scoping session to allow public comment on which environmental impacts should be addressed in the study, controversy emerged over the proposed changes to the place of use. The City Council has had numerous meetings and workshops to discuss the proposed amendments to its permit and the resolution of concerns about the proposed changes. At its June 20, 2007, meeting, it endorsed changing the place of use to coincide with the City's sphere of influence as described in the City's General Plan adopted in 1995. The Council also discussed and endorsed in concept extending the time for putting water under the permit to beneficial use for 25 years rather than the 10 years stated in the petition filed on November 15, 2000. It also endorsed in concept designating a "well field" as a future point of diversion in addition to adding existing Wells 5 and 6. If approved, the City could drill wells anywhere within the designated well field without further amendments of its permit. Attached as Attachment 1 is the map showing the proposed changes to the points of diversion, including the well field, outlined by sold black lines. The well field includes property already owned by the City or to which the City can gain access by agreement. The well field will include the water treatment plant property, the recently acquired property at Gobbi and Orchard, the Oak Manor Park, and property owned by Rural Communities Housing Development Corporation which is located within the Brush Street triangle. The staff does not recommend naming the new wells at Gobbi and Orchard or at Oak Manor Park in the proposed revisions to the pending petitions. If they need to be added to the City's permit, the City will file an urgency change petition in an effort to get approval in time to use those wells this summer. If the City determines that either or both wells are not percolating groundwater and, for that reason, must be added to the City's permit, it could not get that approval in time to use the wells this summer and very possibly next summer through the regular permit amendment process. Staff considered the designation of a much larger well field including many parcels of property not owned by the City. On advice of its consultant staff recommends limiting the size of the well field and confining it to property to which the City has legal access or is confident it can gain legal access. These limitations should increase the likelihood that the proposed well field will be approved. The environmental impacts from drilling wells in the more limited well field also are easier to evaluate in the EIR. Fiscal Impact: F-1New Appropriation � Not Applicable Budget Amendment Required FIBudgeted FY 08/09 v � z l � 1 l *rt pANEER Iz , u U Y .l TI �� ( _ <. 1 tee, '•� � 8 th w • f 00 r&i f d k ................. / 7 t, m Q � c Isp 7 , ` it o -. c S �!. _.�. s �, O 1 3 e 3` C lv 13 .......... .............. ............... C• N" r � �iz 41 a c E ° E r1.4 - o� or ?v 17 g ° s n la w c ����a�Jl�a�a�g o� _�� `-Q =� y m �n X08 Z n a° lu a .^_'$�, rogry 5� ci=N q^�� 5�a •8 =�.:N c ��N `v °1N Uc Ed 168 d1 I o W `vL�'�L G=may 1`j °' n. CGu= mut- GoE j.�� �eF '.'r:a t- �w` PSE:, 0.1W- c f+ H _ 5 ITEM NO.: 10e MEETING DATE: June 3, 2009 City of 4lkz:a i AGENDA p SUMMARY RY REPORT SUBJECT: RESOLUTION OF BID PROTEST AND AWARD OF CONTRACT FOR THE ORCHARD AVENUE BRIDGE CONSTRUCTION PROJECT - SECIFICATION NUMBER 08-10. Summary: The City distributed plans and specifications to eleven builders' exchanges and many contractors for the Orchard Avenue Bridge Construction Project, Specification No. 08-10. The City publicly advertised this project on April 7, 14, 21 & 28, 2009, in the Ukiah Daily Journal. A copy of the Notice to Bidders was sent to all properly licensed contractors on the City's 2009 Qualified Contractors List. Sealed proposals were received and opened by the City Clerk on May 8, 2009. The proposed project will extend Orchard Avenue over Orr Creek and terminate at the intersection of Brush Street. This project is scheduled to be complete in the early months of 2010. If the bid is awarded, compensation for the performance of the work will be based on unit prices bid for contract item quantities actually installed. Bid totals are based on unit prices bid for contract items at estimated quantities, and, therefore, the actual total paid to the contractor may be lower or higher than the bid total indicated. Continued on oaae Recommended Action(s): After considering the analysis in this report, and any additional information or argument presented at the City Council meeting, decide whether to grant or deny the bid protest and either waive or decline to waive irregularities in the Fedco bid. Depending on that decision, either award the contract to Fedco Construction, the apparent low bidder, or to Granite Construction, the second low bidder. Alternative Council Option(s): N/A Citizens n/a advised: Requested by: Jane Chambers, City Manager Prepared by: Tim Eriksen, Director of Public Works and City Engineer Coordinated with: David Rapport, City Attorney; Mary Horger, Purchasing Supervisor; Sage Sangiacomo, Assistant City Manager Attachments: Attachment 1- May 14, 2009, letter from Winzler & Kelly Attachment 2 - Fedco Bid Attachment 3 - Granite Construction Letter of Protest Attachment 4 — May 19, 2009, letter from Winzler & Kelly Attachment 5 - May 29, 2009, letter from Winzler & Kelly Approved: Jane Chambers, City Manager AWARD OF CONTRACT FOR THE ORCHARD AVENUE BRIDGE CONSTRUCTION PROJECT - SECIFICATION NUMBER 08-10 June 3, 2009 Page 2 of 5 The apparent low bidder was Fedco Construction. However, on May 18, 2009, Granite Construction, as the second low bidder, filed a protest (Attachment 3) to the low bid by Fedco Construction. In response to that protest, the City Council must decide whether to waive irregularities in the Fedco bid and award the contract to Fedco or refuse to waive those irregularities and award the contract to Granite Construction, as the second low bidder. Bid Protest Conclusion: A decision to waive the bid irregularities in Fedco's bid is legally defensible. To deprive the City of discretion to waive the irregularities in Fedco's bid, Granite has to show that the errors in the bid gave Fedco a competitive advantage over the other bidders. The advantage relied upon by Granite and supported by case law arises from the possibility that Fedco could withdraw its bid after the bid opening without forfeiting its bid bond. For reasons explained below, in the City Attorney's opinion, it is unlikely that Fedco could do this, because it would be very difficult for Fedco to establish that the errors in its bid resulted in a bid that is materially different than it intended, which is the showing required under Public Contract Code §5103 to withdraw a bid after bid opening without forfeiting a bid bond. At the same time, the outcome of a legal challenge to a decision rejecting the Granite bid protest, waiving the irregularities in the Fedco bid and awarding the contract to Fedco would be somewhat less certain than a decision to refuse to waive those irregularities. It would be very difficult for Fedco to overturn the City's refusal to waive those irregularities, since the City Council has considerable discretion in deciding whether to treat a mistake or failure to comply with specifications in a bid as immaterial. Against this evaluation of the City's legal position, the City Council should consider the difference of$, . 43,982.14 between the low bid and the second lowest Deleted - 160,000 bid. While Winzler & Kelly found a minor irregularity in each of the bids from the three lowest bidders, including Granite, and two irregularities in the bid from the fourth lowest bidder, none of these irregularities involve a potential competitive advantage for these bidders. (See Attachment 5- May 29 letter from Winzler & Kelly.) In deciding whether to uphold or reject Granite's bid protest, the City Council should also consider any response by Fedco to the bid protest and all testimony, other evidence or argument presented to the City Council at its meeting on June 3. The City Council should make a decision and award the contract at the June 3 meeting, because the bids will expire and no longer be binding on the bidders on June 8, 2009. Background: The City hired Winzler & Kelly, consulting engineers, to finalize the plans and specifications for the Orchard Bridge Project, assist with the bidding and evaluate the bids. When the City opened the bids, Winzler & Kelly noted in the low bid from Fedco Corporation two mathematical errors and nine instances where the unit prices for bid items were stated in numbers but not in words. (See Attachment 1- May 14, 2009, letter from Winzler & Kelly.) - On bid items 29 and 50, Fedco did not correctly multiply the per unit cost by the number of units required for each bid item. Item 29 requires a cost for 2,175 tons of aggregate base. Fedco stated a unit price of $31.80 and a total cost for this bid item of $34,226. Winzler & Kelly pointed out that AWARD OF CONTRACT FOR THE ORCHARD AVENUE BRIDGE CONSTRUCTION PROJECT - SECIFICATION NUMBER 08-10 June 3, 2009 Page 3 of 5 2,175 x $31.80, in fact, totals $68,295. Bid item 50 calls for 3,190 square feet of temporary shoring for a storm drain. Fedco listed a cost per square foot of $.0032 and a total cost of $1.00. 3,190 x $.0032, in fact, totals $10.21. These two errors resulted in the total bid being $34,078.21 lower than the total of all the bid items based on correctly multiplying the unit costs by the number of required units. (See Attachment 1, p. 1 and Attachment 2 - Fedco Bid, pp. 4 & 6.) Because the total bid correctly computed was still the low bid by approximately44 000 -and the .._. Deleted: 160,000 bid appeared to comply with all of the other requirements in Section 1 of the specifications, entitled Proposal Requirements and General Conditions, Winzler & Kelly recommended that the City waive these irregularities. On May 18, 2009, the second low bidder, Granite Construction, filed a bid protest, relying on the errors noted by Winzler & Kelly and, in addition, three discrepancies, in Bid items 4, 41(F), and 71(F) between the unit prices written in words and in numbers, and a failure to list the location, in addition to the names, of each listed subcontractor. Granite points out that section 1-03 of the specifications required bidders to use the blank form prepared by the City and to give unit prices bid, both in writing and in figures. The blank bid form contains a space for writing the unit prices in words and numbers and states: "In case of discrepancy between words and figures, the words shall prevail." (Attachment 2. p. 84.) Granite argues that the Fedco Bid contains 20 errors which by their shear number prevent the City from waiving them. It also argues that the combination of the discrepancies between the unit prices in words and numbers and the mathematical errors violated Paragraph 1-03 in Section 1 of the specifications and gave Fedco a competitive advantage, because Fedco could claim clerical errors in its bid which would allow it to withdraw its bid under Public Contract Code Sections 5100 et seq. without forfeiting its bid bond. Finally, Granite argues that the failure to list the location of the listed subcontractors violates the express requirements in Public Contract Code Section 4104(a)(1) and Section 1-10(a) of the specifications. (See Attachment 3- Granite- Protest letter, dated May 19, 2009.) In arguing that the City lacks the authority to waive these irregularities in Fedco's bid, Granite relies on Valley Crest Landscape v. City Council (CA 3 1996) 41 Cal. App. 4th 1432 ("Valley Crest'), which held that if clerical errors in a bid would allow the bidder to withdraw its bid without forfeiting its bid bond under Public Contract Code section 5103, even a clerical error will give the bidder an unfair competitive advantage over other bidders. Such an unfair competitive advantage would prevent the City from waiving the irregularity. On May 19, 2009, in response to Granite's bid protest, Winzler & Kelly acknowledges the discrepancy in bid items 4, 41(F) and 71(F), noting that in each case the numbers were higher than the words and the higher unit price was used in each case.' Winzler & Kelly concluded that using the higher numbers did not give Fedco an advantage over the other bidders. Winzler & Kelly also noted that Section 2-01 of the specifications provides: "The City reserves the right to reject any and all bids and to waive any irregularity in the proposal not pertaining to cost." (Emphasis added.) For these reasons, Winzler & Kelly recommended that the staff seek advice from the City Attorney on the proper response to the bid protest. (See Attachment 4- May 19, 2009, letter from Winzler & Kelly.) Using the higher amount expressed in figures rather than the lower amount written in words violates the statement on the form that in a discrepancy between the words and the numbers, the words will prevail. AWARD OF CONTRACT FOR THE ORCHARD AVENUE BRIDGE CONSTRUCTION PROJECT - SECIFICATION NUMBER 08-10 June 3, 2009 Page 4 of 5 Analysis: In the opinion of the City Attorney, the most substantial objection in the Granite bid protest arises from the Valley Crest case. However, in the same year when Valley Crest was decided, the court of appeal in Ghilotti Const. Co. v. City of Richmond (CA 1 1996) 45 Cal. App. 4th 897, 909-910, criticized and distinguished Valley Crest. Both cases involved a legal challenge by the second low bidder to the city awarding the bid to the low bidder despite the failure of the low bid to comply with bidding requirements established by the city. Both cases followed the general rule that a bid irregularity cannot be waived, if it would give the low bidder a competitive advantage over the other bidders. Valley Crest ruled that a bid irregularity that would qualify as a clerical error, entitling the bidder under Public Contract Code Section 5103 to withdraw its bid after bid opening without forfeiting its bid bond, would constitute an unfair competitive advantage as a matter of law. Ghilotti viewed the rule more narrowly, concluding that Valley Crest applied the general rule too broadly and should be limited to its facts. The two most significant factual distinctions between Valley Crest and Ghilotti were (1) the degree of discrepancy between the specification requirement and the bidding error and (2) the certainty that the bid could be withdrawn without forfeiting the bid bond. In Valley Crest subcontracts could constitute no more than 50% of the bid. The low bidder's bid indicated that over 85% of the bid would be performed by subcontractors. The city in that case contacted the low bidder after bid opening and offered it an opportunity to withdraw its bid without penalty or correct its statement concerning the percentage -of the bid that would be performed by subcontractors. The low bidder elected not to withdraw its bid and satisfied the city that subcontractors would, in fact, only perform 44% of the bid. Ghilotti concluded that given the large discrepancy between 50% and 85%, it would be difficult to consider such a large discrepancy inconsequential. It also noted that the city offered the low bidder the opportunity to withdraw its bid, giving it an absolute right that would create the unfair competitive advantage. In Ghilotti, by contrast, the low bidder was not offered an opportunity to withdraw its bid without penalty, and the low bid reported that 55% of the bid would be performed by subcontractors, despite the specification requirement that no more than 50% of the bid could be performed by subcontractors. The 5% discrepancy was viewed by -the court as inconsequential. The court noted that under Public Contract Code Section 5103 the mistake, entitling a bidder to withdraw its bid without forfeiting its bid bond, must have "made the bid materially different than he or she intended it to be," (emphasis added) and "the mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work, or in reading the plans and specifications." Here, in the opinion of the City Attorney, in a legal action by Fedco under Public Contract Code sections 5100 et seq. to withdraw its bid based on the mistakes noted by Granite and Winzler & Kelly, the issue would be whether the combination of errors would qualify as clerical errors and whether the total amount of the errors, in relation to the total amount of the bid, made the bid materially different than intended by Fedco.2 2 Under Public Contract Code Section 5103(b), Fedco has waived any right to withdraw its bid, because it must file written notice with the City within five working days of the bid opening, which it has not done. However, the issue, according to these cases, is not whether it has sought to withdraw its bid, but whether it could have. AWARD OF CONTRACT FOR THE ORCHARD AVENUE BRIDGE CONSTRUCTION PROJECT - SECIFICATION NUMBER 08-10 June 3, 2009 Page 5 of 5 While it appears that Fedco's mistakes could qualify as clerical errors, in combination, those errors total $40,228.21 ($34,078.21 in multiplication errors and $6,150 in discrepancies between words and numbers.) The Total Bid Base Amount stated by Fedco is $1,235,348.05, making the total errors approximately 3.25% of the total bid.3 A court would have to decide whether errors representing 3.25% or 2.3% of the total bid could be considered materially different than intended by Fedco. Ghilotti found a 5% discrepancy inconsequential, although in Ghilotti the deviation did not affect the dollar amount of the bid. Here, the discrepancy clearly pertains to cost. However, in this case, the Total Base Bid determines the low bidder, but the actual payments to the contractor will be based on the units actually used rather than the estimated quantities. For this reason, Fedco would have a difficult time proving that the clerical errors in its bid resulted in a bid that was materially different than it intended it to be. The multiplication errors affect the amount of the bid for comparison purposes, but not what Fedco will actually be paid under the contract. Under the warning on the bid form, the unit prices expressed in words prevail over the unit prices expressed in numbers. In light of this instruction Fedco would have a difficult time contending that it intended the unit prices expressed in numbers to prevail. Moreover, the total of these discrepancies is $6,150, or five tenths of one percent (.005), clearly not materially different than Fedco could have intended, even if it could convince a court that it intended the numbers to prevail over the words. However, given the language in Section 2-01 of the specifications, the conflict between the decisions in Valley Crest and Ghilotti, the possibility, however unlikely, that Fedco could have withdrawn its bid without penalty and the failure of Fedco to list the location of its subcontractors, the most defensible resolution of the bid protest would be to refuse to waive the irregularities in Fedco's bid and to award the bid to Granite. In addition to these legal considerations, the City Council can weigh the difference of43,98214__._. between the adjusted Fedco bid of $1,263,276.26 (see fn. 3) and the Granite bid of $,1,307,258.40. - All of the bids remain binding for 30 days after the May 8, 2009, bid opening. Because the City Council will not meet again until after the June 8, 2009, deadline for accepting a bid, it should rule on the bid protest and award the contract at its June 3 meeting. Fiscal Impact: H Budgeted FY 08/09 ❑ New Appropriation Fx-1 Not Applicable ❑ Budget Amendment Required 3 It should also be noted that if the total bid were adjusted based on these errors in accordance with the specifications the total difference would be $27,928.21 ($34,078.21-$6,150), or approximately 23% of the total bid. Deleted: $161,188.74 Deleted: 1,424,465 Rr+ 10e MEETING DATE: June 3, 2009 SUBJECT: RESOLUTION OF BID PROTEST AND AWARD OF CONTRACT FOR THE ORCHARD AVENUE BRIDGE CONSTRUCTION PROJECT - SPECIFICATION NUMBER 08-10. Summary: The City distributed plans and specifications to eleven builders' exchanges and many contractors for the Orchard Avenue Bridge Construction Project, Specification No. 08-10. The City publicly advertised this project on April 7, 14, 21 & 28, 2009, in the Ukiah Daily Journal. A copy of the Notice to Bidders was sent to all properly licensed contractors on the City's 2009 Qualified Contractors List. Sealed proposals were received and opened by the City Clerk on May 8, 2009. The proposed project will extend Orchard Avenue over Orr Creek and terminate at the intersection of Brush Street. This project is scheduled to be complete in the early months of 2010. If the bid is awarded, compensation for the performance of the work will be based on unit prices bid for contract item quantities actually installed. Bid totals are based on unit prices bid for contract items at estimated quantities, and, therefore, the actual total paid to the contractor may be lower or higher than the bid total indicated. The apparent low bidder was Fedco Construction. However, on May 18, 2009, Granite Construction, as the second low bidder, filed a protest (Attachment 3) to the low bid by Fedco Construction. In response to that protest, the City Council must decide whether to waive irregularities in the Fedco bid and award the contract to Fedco or refuse to waive those irregularities and award the contract to Granite Construction, as the second low bidder. Continued on Daae 2 Recommended Action(s): After considering the analysis in this report, and any additional information or argument presented at the City Council meeting, decide whether to grant or deny the bid protest and either waive or decline to waive irregularities in the Fedco bid. Depending on that decision, either award the contract to Fedco Construction, the apparent low bidder, or to Granite Construction, the second low bidder. Alternative Council Option(s): N/A Citizens advised: n/a Requested by: Jane Chambers, City Manager Prepared by: Tim Eriksen, Director of Public Works and City Engineer Coordinated with: David Rapport, City Attorney; Mary Horger, Purchasing Supervisor Attachments: Attachment 1- May 14, 2009, letter from Winzler & Kelly Attachment 2 - Fedco Bid Attachment 3 - Granite Construction Letter of Protest Attachment 4 — May 19, 2009, letter from Winzler & Kelly Attachment 5 - May 29, 2009, letter from Winzler & Kelly Approved: < / ( s- J`aa Charobers, City Manager AWARD OF CONTRACT FOR THE ORCHARD AVENUE BRIDGE CONSTRUCTION PROJECT - SPECIFICATION 08-10 June 3, /1• Page of Conclusion: A decision to waive the bid irregularities in Fedco's bid is legally defensible. To deprive the City of discretion to waive the irregularities in Fedco's bid, Granite has to show that the errors in the bid gave Fedco a competitive advantage over the other bidders. The advantage relied upon by Granite and supported by case law arises from the possibility that Fedco could withdraw its bid after the bid opening without forfeiting its bid bond. For reasons explained below, in the City Attorney's opinion, it is unlikely that Fedco could do this, because it would be very difficult for Fedco to establish that the errors in its bid resulted in a bid that is materially different than it intended, which is the showing required under Public Contract Code §5103 to withdraw a bid after bid opening without forfeiting a bid bond. At the same time, the outcome of a legal challenge to a decision rejecting the Granite bid protest, waiving the irregularities in the Fedco bid and awarding the contract to Fedco would be somewhat less certain than a decision to refuse to waive those irregularities. It would be very difficult for Fedco to overturn the City's refusal to waive those irregularities, since the City Council has considerable discretion in deciding whether to treat a mistake or failure to comply with specifications in a bid as immaterial. Against this evaluation of the City's legal position, the City Council should consider the difference of $160,000 between the low bid and the second lowest bid. While Winzler & Kelly found a minor irregularity in each of the bids from the three lowest bidders, including Granite, and two irregularities in the bid from the fourth lowest bidder, none of these irregularities involve a potential competitive advantage for these bidders. (See Attachment 5- May 29 letter from Winzler & Kelly.) In deciding whether to uphold or reject Granite's bid protest, the City Council should also consider any response by Fedco to the bid protest and all testimony, other evidence or argument presented to the City Council at its meeting on June 3. The City Council should make a decision and award the contract at the June 3 meeting, because the bids will expire and no longer be binding on the bidders on June 8, 2009. Background: The City hired Winzler & Kelly, consulting engineers, to finalize the plans and specifications for the Orchard Bridge Project, assist with the bidding and evaluate the bids. When the City opened the bids, Winzler & Kelly noted in the low bid from Fedco Corporation two mathematical errors and nine instances where the unit prices for bid items were stated in numbers but not in words. (See Attachment 1- May 14, 2009, letter from Winzler & Kelly.) On bid items 29 and 50, Fedco did not correctly multiply the per unit cost by the number of units required for each bid item. Item 29 requires a cost for 2,175 tons of aggregate base. Fedco stated a unit price of $31.80 and a total cost for this bid item of $34,226. Winzler & Kelly pointed out that 2,175 x $31.80, in fact, totals $68,295. Bid item 50 calls for 3,190 square feet of temporary shoring for a storm drain. Fedco listed a cost per square foot of $.0032 and a total cost of $1.00. 3,190 x $.0032, in fact, totals $10.21. These two errors resulted in the total bid being $34,078.21 lower than the total of all the bid items based on correctly multiplying the unit costs by the number of required units. (See Attachment 1, p. 1 and Attachment 2 - Fedco Bid, pp. 4 & 6.) AWARD OF CONTRACT FOR THE ORCHARD AVENUE BRIDGE CONSTRUCTION PROJECT - SPECIFICATION 08-10 June 3, 00• Page Because the total bid correctly computed was still the low bid by approximately $160,000 and the bid appeared to comply with all of the other requirements in Section 1 of the specifications, entitled Proposal Requirements and General Conditions, Winzler & Kelly recommended that the City waive these irregularities. On May 18, 2009, the second low bidder, Granite Construction, filed a bid protest, relying on the errors noted by Winzler & Kelly and, in addition, three discrepancies, in Bid items 4, 41(F), and 71(F) between the unit prices written in words and in numbers, and a failure to list the location, in addition to the names, of each listed subcontractor. Granite points out that section 1-03 of the specifications required bidders to use the blank form prepared by the City and to give unit prices bid, both in writing and in figures. The blank bid form contains a space for writing the unit prices in words and numbers and states: "In case of discrepancy between words and figures, the words shall prevail." (Attachment 2. p. 84.) Granite argues that the Fedco Bid contains 20 errors which by their shear number prevent the City from waiving them. It also argues that the combination of the discrepancies between the unit prices in words and numbers and the mathematical errors violated Paragraph 1-03 in Section 1 of the specifications and gave Fedco a competitive advantage, because Fedco could claim clerical errors in its bid which would allow it to withdraw its bid under Public Contract Code Sections 5100 et seq. without forfeiting its bid bond. Finally, Granite argues that the failure to list the location of the listed subcontractors violates the express requirements in Public Contract Code Section 4104(a)(1) and Section 1-10(a) of the specifications. (See Attachment 3- Granite Protest letter, dated May 19, 2009.) In arguing that the City lacks the authority to waive these irregularities in Fedco's bid, Granite relies on Valley Crest Landscape v. City Council (CA 3 1996) 41 Cal. App. 4th 1432 ("Valley Crest"), which held that if clerical errors in a bid would allow the bidder to withdraw its bid without forfeiting its bid bond under Public Contract Code section 5103, even a clerical error will give the bidder an unfair competitive advantage over other bidders. Such an unfair competitive advantage would prevent the City from waiving the irregularity. On May 19, 2009, in response to Granite's bid protest, Winzler & Kelly acknowledges the discrepancy in bid items 4, 41(F) and 71(F), noting that in each case the numbers were higher than the words and the higher unit price was used in each case.' Winzler & Kelly concluded that using the higher numbers did not give Fedco an advantage over the other bidders. Winzler & Kelly also noted that Section 2-01 of the specifications provides: "The City reserves the right to reject any and all bids and to waive any irregularity in the proposal not pertaining to cost." (Emphasis added.) For these reasons, Winzler & Kelly recommended that the staff seek advice from the City Attorney on the proper response to the bid protest. (See Attachment4- May 19, 2009, letter from Winzler & Kelly.) Analysis: In the opinion of the City Attorney, the most substantial objection in the Granite bid protest arises from the Valley Crest case. However, in the same year when Valley Crest was decided, the court of appeal in Ghilotti Const. Co. v. City of Richmond (CA 1 1996) 45 Cal. App. 4th 897, 909-910, criticized and distinguished Valley Crest. Both cases involved a legal challenge 1 Using the higher amount expressed in figures rather than the lower amount written in words violates the statement on the form that in a discrepancy between the words and the numbers, the words will prevail. AWARD OF CONTRACT FOR THE ORCHARD AVENUE BRIDGE CONSTRUCTION PROJECT - SPECIFICATION NUMBER 08-10 June 3, 2009 Page 4 of 5 by the second low bidder to the city awarding the bid to the low bidder despite the failure of the low bid to comply with bidding requirements established by the city. Both cases followed the general rule that a bid irregularity cannot be waived, if it would give the low bidder a competitive advantage over the other bidders. Valley Crest ruled that a bid irregularity that would qualify as a clerical error, entitling the bidder under Public Contract Code Section 5103 to withdraw its bid after bid opening without forfeiting its bid bond, would constitute an unfair competitive advantage as a matter of law. Ghilotti viewed the rule more narrowly, concluding that Valley Crest applied the general rule too broadly and should be limited to its facts. The two most significant factual distinctions between Valley Crest and Ghilotti were (1) the degree of discrepancy between the specification requirement and the bidding error and (2) the certainty that the bid could be withdrawn without forfeiting the bid bond. In Valley Crest subcontracts could constitute no more than 50% of the bid. The low bidder's bid indicated that over 85% of the bid would be performed by subcontractors. The city in that case contacted the low bidder after bid opening and offered it an opportunity to withdraw its bid without penalty or correct its statement concerning the percentage of the bid that would be performed by subcontractors. The low bidder elected not to withdraw its bid and satisfied the city that subcontractors would, in fact, only perform 44% of the bid. Ghilotti concluded that given the large discrepancy between 50% and 85%, it would be difficult to consider such a large discrepancy inconsequential. It also noted that the city offered the low bidder the opportunity to withdraw its bid, giving it an absolute right that would create the unfair competitive advantage. In Ghilotti, by contrast, the low bidder was not offered an opportunity to withdraw its bid without penalty, and the low bid reported that 55% of the bid would be performed by subcontractors, despite the specification requirement that no more than 50% of the bid could be performed by subcontractors. The 5% discrepancy was viewed by the court as inconsequential The court noted that under Public Contract Code Section 5103 the mistake, entitling a bidder to withdraw its bid without forfeiting its bid bond, must have "made the bid materially different than he or she intended it to be," (emphasis added) and "the mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the site of the work, or in reading the plans and specifications." Here,_ in the opinion of the City Attorney, in a legal action by Fedco under Public Contract Code sections 5100 et seq. to withdraw its bid based on the mistakes noted by Granite and Winzler & Kelly, the issue would be whether the combination of errors would qualify as clerical errors and whether the total amount of the errors, in relation to the total amount of the bid, made the bid materially different than intended by Fedco.2 While it appears that Fedco's mistakes could qualify as clerical errors, in combination, those errors total $40,228.21 ($34,078.21 in multiplication errors and $6,150 in discrepancies between words and numbers.) The Total Bid Base Amount stated by Fedco is $1,235,348.05, making the total 2 Under Public Contract Code Section 5103(b), Fedco has waived any right to withdraw its bid, because it must file written notice with the City within five working days of the bid opening, which it has not done. However, the issue, according to these cases, is not whether it has sought to withdraw its bid, but whether it could have. AWARD OF CONTRACT FOR THE ORCHARD AVENUE BRIDGE CONSTRUCTION PROJECT - SPECIFICATION NUMBER 08-10 June 3, 2009 Page 5 of 5 errors approximately 3.25% of the total bid. 3 A court would have to decide whether errors representing 3.25% or 2.3% of the total bid could be considered materially different than intended by Fedco. Ghilotti found a 5% discrepancy inconsequential, although in Ghilotti the deviation did not affect the dollar amount of the bid. Here, the discrepancy clearly pertains to cost. However, in this case, the Total Base Bid determines the low bidder, but the actual payments to the contractor will be based on the units actually used rather than the estimated quantities. For this reason, Fedco would have a difficult time proving that the clerical errors in its bid resulted in a bid that was materially different than it intended it to be. The multiplication errors affect the amount of the bid for comparison purposes, but not what Fedco will actually be paid under the contract. Under the warning on the bid form, the unit prices expressed in words prevail over the unit prices expressed in numbers. In light of this instruction Fedco would have a difficult time contending that it intended the unit prices expressed in numbers to prevail. Moreover, the total of these discrepancies is $6,150, or five tenths of one percent (.005), clearly not materially different than Fedco could have intended, even if it could convince a court that it intended the numbers to prevail over the words. However, given the language in Section 2-01 of the specifications, the conflict between the decisions in Valley Crest and Ghilotti, the possibility, however unlikely, that Fedco could have withdrawn its bid without penalty and the failure of Fedco to list the location of its subcontractors, the most defensible resolution of the bid protest would be to refuse to waive the irregularities in Fedco's bid and to award the bid to Granite. In addition to these legal considerations, the City Council can weigh the difference of $161,188.74 between the adjusted Fedco bid of $1,263,276.26 (see fn. 3) and the Granite bid of $1,424,465. All of the bids remain binding for 30 days after the May 8, 2009, bid opening. Because the City Council will not meet again until after the June 8, 2009, deadline for accepting a bid, it should rule on the bid protest and award the contract at its June 3 meeting. Fiscal Impact: Budgeted FY 08/09 F-1New Appropriation � Not Applicable Budget Amendment Required 3 It should also be noted that if the total bid were adjusted based on these errors in accordance with the specifications the total difference would be $27,928.21 ($34,078.21-$6,150), or approximately 2.3% of the total bid. Ref, 02'((016001 May 14, 2009 Ms, Ann Burck Deputy Director City of Ukiah 411 W. Clay Street Ukiah, CA 95682-5400 Ile: Bid Results Summary Orchard Avenue Bridge and Delated Street Improvements Dear Ms Burck, As requested, Winzler & Kelly has performed a review of the nine bids that were received o11 Friday for the subject project. The bid received from Fedco Construction, Inc. of Santa Rosa is the lowest of the nine received. The results of the bids are summarized below Iisted from lowest to highest in.the attached spreadsheet. In addition, a detailed comparison matrix has been developed for all of -the Fids received. This matrix is attached for your use. During the review of Fedco's bid, two niath.eniatical errors were detected. Specifically; bid item 29, the extend amount was multiplied incorrectly, Fedco had written $34,226 and the actual calculated value is $68,295; bid item 50, the extend amount xvas multiplied incorrectly, Fedco had written $1 and the actual calculated value is $10.21; therefibre the total bid amount was incorrect and increased to $1,255,913.26. There were nine unit prices that were not written out in words (46, 50, 59, 60, 64, 65, 67, 68, and 76) and one (41(F)) that was not completely written out in words. We also contacted Fedco Construction to get a list of references for the sub -contractor that was listed for the bridge construction, AJ Vasconi.. Attached is this list. TThe Fedco Construction's hid was further evaluated to determine its responsiveness. Based on our review, it appears that all of the requirements of Section I Proposal Requireinents and General Conditions of the Contract Documents were followed. Fedco Coll$trUCtiOn'S contractor license was verified through the State License Board. Therefore, itis recommended that Medco Construction, Inc. bid be presented to the City Council for award of the contract. 495 "tesconi Circle, Sanna Rosa, CA 95401-4696 te1 707.523.1010 tax 707.527.8679 "iew <<.-nneGk.com 1►J WIN ZLEB,&LKET-1-Y Ms. Burck May 14.2009 Page ? If you have any questions, please do not hesitate to call me at (707) 523-1010. Sincercly, WINZLER & KELLY Jim Winter, P.E. Construction Manager Attachments Cc: Ted Whiton Bill Silva Rick Jorgensen S 7 5 5 F �4 BssaSS $�`8 88 .8d¢8888 848a 8 8$588 8k sR Eggs 9M EaRRuR$$388 -s5$S$ $=$ -ggg2g €ks$88�f •hBY,iup�s lafl�'R 8aa83 8888 _$8$ $� FFB 8$88a' =88 3$8 ^S x.. a�,-F. 88 oau s grr�gr 8a Eggs �„ �.,,aasss�x _3 � � e sse�$s �`�9°xyt; `�� �r� xc;• a r _oa�p==; sx�Z� s. 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Bridge Replacement @ Markham Ravine Location: Lincoln, CA. Duration: 60 days Completed: Expected Completion Jul. 2009 Amount: $ 417,000 Owner: City of Lincoln Contact: Ray Leftwich Phone: 916-434-2450 Project Name: Cohasset Road Bridge Replacement '@ Sheep Hollow Slough Location: Chico, CA Duration: 90 days Completed: Feb.2009 Amount: $ 978,000 Owner: City of Chico Contact: John Vonderhaar Phone: 530-879-6920 Project Name: Lake California Blvd. @ Taylor Wash Location: Cottonwood, California Duration: 60 days Completed: Jul. 2008 Amount: $ 389,000 . Owner: County of Tehama Contact: Jerry Brownfield Phone: 530-385-1462 Project Name: O'Banion Road Bridge Replacementc@ Snake Slough Location: Yuba City, CA Duration: 60 days Completed: Jun.2007 Amount: $ 843,000 Owner: County of Sutter Contact: Kahm Xiong Phone: 530-822-7450 Project Name: Humboldt Road a Dead Horse Slough Location: Chico, CA Duration: 50 days Completed: Aug. 2006 Amount: $ 489,000 Owner: City of Chico Contact: Mike Herren Phone: 530-879-6924 A.1V Reference Page 1 of 2 AJ VA.SCONI General Engineering RECENT BRIDGE CONSTRUCTION PROJECTS (Additional References Are Available Upon Request) Project Name: Cove Road Bridge ci Hatchet Creek Location: Redding, California Duration: 90 days Completed: Sep.2006 Amount: $ 1,176,503 Owner: County of Shasta Contact: Shawn Ankeny Phone: 530-2245-6810 Project Name: Bell Rd. Bridge Replacements @ Orr Creek & Dry Creek Location: Auburn, California Duration: 120 days Completed: Mar. 2005 Amount: $ 1,896,000 Owner: County of Placer Contact: Kevin Ordway Phone: 530-889-7500 Project Name: Carbondale Road Bridge Replacement Location: Plymouth, California Duration: I20 days Completed: Dec.2004 Amount: $ 666,000 Owner: County of Amador Contact: Marty Price Phone: 209-223-6395 Project Name: Old Hwy 44 Bridge Replacement Location: Still Water Creek, Shasta, CA Duration: 70 days Completed: Oct. 2003 Amount: $ 660,000 Owner: County of Shasta Contact: Tim Bailey Phone: 530-225-5151 Project Name: West Sacramento Rd. Bridge Replacement Location: Chico Duration: 60 days Completed: Nov.2002 Amount: $ 324,000 Owner: County of Butte Contact: Raymond Cooper Phone: 530-538-7169 AN Reference Pabe 2 of 2 N N N N N N N N N N N L4 N N N N N N N N N N N .c LU r } } N@ N N N N t LIS N tU Lnrrr}}}}} m a T a rrrr>0-rr}rrr rrr}}}}rrrr 0 °6waNioNiaNiaNiaNiaiaNsaNiaia�i �rrrr}rrrrrr r zO }}rrrr N N N N N N N N a0r i N r}rr N N N N N N N N N N N N N N N N N N N N N N N N � t'Jrrrrrrr�-}r} Qf LV O V CL 'Z3 N N N N N N N N N N N -_ t0irrrrrrrrrrr N (IS N V B c N cm 9 {� E N k 0 a C La _m 0� t o c E �N =0 c p air s c o cu �] � �} •� o C0 (U C(D 0( a Q L7 N N NE E CO'S ofLn — Q.S .0 C O cm _N 9 U 6 N v 0- 0U� C N co � W �' '� +c 0 O d3 .T46. U 0: x cs o 0 o CV 0 d r a o 0 i U .� 'LO iia-<Ci51�ZO _112.EcoLLIZ 39 6 A TTACHN CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA SPECIAL PROVISIONS FOR ORCHARD AVENUE BRIDGE AND RELATED STREET IMPROVEMENTS SPECIFICATION NO. 08-10 EDA AWARD NO. 07 01 06042 CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS 300 Seminary Avenue Ukiah, California 95482-8400 Bids Open: May 8, 2009 2:00 p.m. Office of City Cleric ° DATE, Aga s , , TO: ALL PLAl'`:FIC�LDEI2S SUBJECT: : Cl l Y OF iJ Y11 AR 300 Seminary Avenue ORCHA" AITEENUE BRJDGE Ukiah, CN 95982-5400 AND RELATED S'T'REET IMPROVE YIE, NTS SPECIFIC kTION #r 09-10 EDA AWAARD NO. 07 0106042 NO. OF PAGES: 24 (including attachments) ADDENDUM NO.1 This package provides an addendum to the Project Contract Documents. This Addendum shall become part of the Contract and all provisions of the Contract shall apply thereto. Bidders shall acknowledge receipt of this Addendum by signing the acknowledgment located in the Bid Proposal documents on page 1. Failure to do so may cause rejection of your bid as being non-responsive. Clarifications: 1, The City standard drawings can be found at the following web address: h :Hvk,ww.citvofhk:iah.com/ a eserver/4tsa e— ublic works downloadst 350 2. Deductive Bid Item I is Base Bid Item 23. Specifications: 3. Replace the first paragraph of the "NOTICE TO BIDDERS" with the following: NOTICE IS HEREBY GIVEN that sealed standard proposals for ORCHARD AVENUE BRIDGE AND RELATED STREET IMPROVEMENTS will be received at the Office of the City Cleric, Ukiah Civic Center, 300 Seminary Avenue, Ukiah California until 2:00 pan. on Friday, May 8, 2009, at which time, or as soon thereafter as possible, they will be publicly opened and read. Bids shall be addressed, to the City Cleric and shall be endorsed ORCHARD AVENUE BRIDGE AND RELATED STREET IMPROVEMENTS. Bids are required for the entire work described herein. The Work ofs the Contract involves the installation of 778 LF of asphalt concrete roadway, 95' 2 -span bridge, 48 diameter storm drain system, rock slope protection, AC overlay of Brush Street, landscaping wont; including the removal of non-native vegetation along the south bank of On- Creek within defined limits, the re -vegetation of the creek banks where the non-native vegetation was removed including the bank area benched and disturbed as a result of the bridge construction work.. the re -planting of trees.along the creels, the planting of specified plantings along the creel, bank and benches, and the installation of a drip irrigation system including controllers, remote conical valves with boxes and accessories, and other related work. No fax bids will be accepted. "We Are Here To Serve" 4. Replace the eighth paragraph of the "INSTRUCTIONS TO BIDDERS ,11 with the following: The wort: is to be completed within two hundred ren (210) calendar days, excluding the Plant Establishment Period, The first calendar day is the day following the tenth 10"' day from the receipt of the Notice to Proceed. The Contractor will pay to the City the suin of five hundred ($500.00) dollars per day for each and every calendar day's delay beyond file time prescribed. Append to Section 1, "PROPOSAL REQUIREMENTS AND GENERAL CONDITIONS" with the following paragraph: 1-12. Amendment to Standard Specifications. Section 8-1.01 Subcontractinc in the Standard Specifications have been modified per a Construction Policy .Bulletin dated October 21; 2008 that states: "A new standard special provision amends Section 8-1.01, "Subcontracting," ofthe 2006 Standard Specff cations, The provision requires at least 30% of all contract wort: be performed by7 the prime contractor's own organization and eliminates the exception of specialty work. The RTI. Guide haF been amended and all references to specialty items have been removed." b. Change last sentence of S-7, page 5 to read: "The laboratory or inspection agency' shall be approved by the Owner." i. Append Section 9-02, "TE\4E OP CONIPI.FTION," with tlle following paragraph: "The plant establishment period shall be 180 calendar days commencing with tile first date after the date of the Notice from the Engineer to the Contractor statim ng that the Planting and Irrigation Work, has been deemed complete and that the Plant Establishment Period is to commence." 8. Replace Section 12-01 "Location and Scope of Wori," in its entirety with the following-. 32-01. Location and Scope of Work, The work involves the installation of 773 L.F. of Asphalt Concrete roadway, sidewalk, retaining wall, 18", 24" and 48" storm drains, drainage outlet structure, 12" water main, 2" irrigation services, ditch excavation, bioswale construction, rock slope protection, edge drains, and 95' bridge. The work also involves landscape 'r Revegetation including: As part of the work, the Contractor will be responsible for perfornvng all layout work and for performing testing and quality control work.This Work of the Project lies within public and private lands. The work area on the south bank of the creel: is on property owned by the City. The area along the north bank is within easements and/or right of entry on private lands and a road rightof way. The Contractor shall limit all of his work within the areas shown on the plans and described in the Rights of Entry. Tire scope of work involves the removal of non-native vegetation along file south bank of Orr Creat: within defined limits, the re -vegetation of tire. creek banks where the non-native vegetation was removed including the bank area benched and disturbed as a result of the bridge Construction work, the re -planting of trees along the creel:; the planting of specified plantings and the installation of a .drip irrigation system including conts-ollers, remote control valves with boxes and accessories. 9, Delete the word "connection" in Section 13-36, page 80. Connections to the City water mains shall be by City Crews as stated on Plan Sheet G-2, 10. Replace the existing "Engineer's Estimate of Quantities" table beguuung on page viii and "Bid Schedule," pages I through 19, with the updated "Enginecr-s Estimate of Quantities'- and "Bid Schedule" attached. The Sid Schedule revises the following Bid Items: 46, 47, 52, 53 and 61. In addition, the following Bid Items shad be considered Final Pay Items: 16, 1 E. 40-44. and 67-73. 11. Section 13-02, "Planting and Irrigation System Layout; ' as included in Appendix B shall become Section 1345, "PiantinC and Irrigation System Layout.". 12. Append Section 13-14, "Clearing and Grubbing ," with the following paragraph: "General. The Contractor shall furnish all labor, equipment and materials necessary for the removal of existing, non-native, invasive vegetation including but not limited to Vinca major and Rubus Discolor within the stream bank area denoted on the Plans herein referred to as the removal area. Removal of the invasive plants within the removal area shall be by manual means to limit excessive soil erosion and slumping of the banks. Manual removal consists but is no limited to physically removing these plants via hand or with hand equipment ( weed whips ), cutting the plant close to the ground and removing the root crowns with the use of a weed wrench or claw mattock, A commonly used approach is what is termed the "Bradlee Method" (Fuller & Barbe, 1985). All harvested materials should be removed from the site and disposed of properly. Pulled and cul plant materials shall not remahi on the ground where it can re-establish itself. " 13. Section 13-05, "Re -vegetation and Replanting of Creels Banks." as included in Appendix: B shall become Section 13-46, "Re -vegetation and Replanting of Crack Banks." 14. Section 13-06, "Erosion Control Blanket" as included in Appendix B shall become Section 13-47, "Erosion Control Blanket." 15, Section 13.07, "Installation of Temporary Drip Irrigation System," as included in Appendix: B shall become Section 13-48, "Installation of Temporary Drip Irrigation System." 16. Section 13-08, `Plant Establislunent," as included in Appendix B shall become Section 13-49, "Plant Establislunent." Plan Sheets: 17. Replace all CTPB on Drawing C -I with equal thickness of Class H Aggregate Base. No CTPB will be required. 18. Replace Callout (ori Drawing C-3) "see: 2/C-6 SIM" with Callout "see 1/C-7 SIM." 19. Replace Section 12-03, "Arrangement of Plans," in its entirety with the following; The Project Plans consist of 20 sheets (19 General, Civil, and Structural Sheets and 1 Landscaping Shect) and they are hereby made a part of fhe contract documents, 1 1 Approved by: Tun Eriksen, Director of Public Works/City Engineer CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA PROPOSAL FOR ORCHARD AVENUE BRIDGE AND RELATED STREET IMPROVEMENTS Specification No. 08-10 EDA Award No. 07 DI 06042 The undersigned, as bidder, declares that he or she has examined thoroughly all o the contract documents herein contained, that this proposal, is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect. AND he or she proposes and agrees, if this proposal is accepted, 1) that he or she will contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the agreement herein contained a) to provide all necessary machinery, tools, apparatus and other means of construction; b) to furnish all materials; c) to provide all superintendence, overhead expenses and all labor and expenses of whatever nature necessary to complete the job in conformity with tine specifications and drawings and other contract provisions herein or reasonably implied hereby or as necessary to complete the work in the manner and within the time named herein and according to the requirements and to the reasonable satisfaction of the City Engineer; d) to pay all charges of freight transportation and hauling; 2) that he or she indemniFes the City, against any loss or damage arising from any .act of the undersigned as Contractor; and 3) that he or she will accept as full payment therefor the following sums; The Contractor hereby acknowledges receipt of this Addendum. "'Vi, kpa x"'02 ©Lm°w:�2- ,�izEs tate BIDDING SCHEDULE Spec. No. OB -10 EDA AWARD 140. 07 01 06042 DATE: May G, 2001 TO: ALL PLAN%IOLDERS SUBJECT: CITY OF Ui:IAR 300 Seminary Avenue ORCHARD ANTE ENUE BRIDGE Ukiah, Ck 95482-5900 AND RELATED STREET IMPROVEMENTS SPECIFICATION t-'08-10 EDA ANVAF-D NO. 07 0106042 NO, OF PAGES: 1S (including attachments) ADDENDUM NO.2 This package provides an addendum to the Project Contract Documents. This Addendum shall become part of the Contract and al: provisions of the Contract shall apply thereto. Bidders shall acknowledge receipt of this .Addendum by signing the acknowledgment located in the Bid Pi-oposal documents on page 1. Failure to do so may cause rejection of your bid as being non-responsive. Clarifications. 1. Replace Iters. 2 in Addendum No. 1 with the following: "Deductive Bid Item I is Base Bid Iter: 89. 2. Regarding item 9 of Addendum No. 1, the connection to the City water main; the Contractor will be responsible for supplying all necessary materials but the City will maize the actual connection, Specifications: 3. Replace laid Schedule (pages 2 through 10) in the Bid Package in Addendum No. 1 with the Bid Schedule attached. The appended Bid Schedule revises the following Bid Items: 19, 20, 29, 51, 6:3 and 89. 4. The Bidder's Bond in the Bid Package submitted with Addendum I (page 18).has the incorrect date of February 6, 2009. This date can be crossed out and the correct date of May 8, 2009 inserted, 5. Append Section 13, Construction Details, with the following paragraphs: 13-50 Cement Treated .Permeable Base. Cement Treated Permeable Base (CTPB) shall be as designnated by Section 29 of the Standard Specification and installed in conformance with Section29 of the Standard Specifications. Payment. Full compensation for providing, placing, curing, and compacting CTPB where called for in the Contract Documents shall be considered to be included in the price paid per cubic yard and no additional allowance will be allowed. Price to include fabric and drain pipe through abutment walls. on "UVe Are dere To Serve" 6. Replace �sppendi; " `� "- Saz�pliun and Testa}�>. �� itu elle attaciieci �ippendv: "��,: 7. wend Section 1;-07 as follows: Replace all references to A-Ppendix. " P" ,,vith Appendix "A". Plan Sheets: 8. Replace Item 17 in Addendum ltio. 1 witli the following: Replace all CTI'B on Dra1,N,ing C -i with equal thickness of Class L Aggregate Base. CTPB is still used adjacent to the bridge per Detail 1 on Sheet S -K. Tim "E'ril:sen, Director of Public Works/City Engines, CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA PROPOSAL FOR ORCHARD AVENUE BRIDGE AND RELATED STREET IMPROVEMENTS Specification No. 08-10 EDA Award No. 07 0106042 The undersigned, as bidder, declares that he or she has examined thoroughly all of the contract documents herein contained, that this proposal is made without collusion with any other person, firm or corporation and that all laws and ordinances relating to the interest of public officers in this contract have been complied with in every respect. AND he or she proposes and agrees, If this proposal is accepted, 1) that he or she will contract with the City of Ukiah, Mendocino County, California, in the form of the copy of the agreement herein contained a) to provide all necessary machinery, tools, apparatus and other means of construction; b) G) d) to furnish all materials; to provide all superintendence, overhead expenses and all labor and expenses of whatever nature necessary to complete the job in conformity with the specifications and drawings and other contract provisions herein or reasonably implied hereby or as necessary to complete the work in the manner and within the time named herein and according to the requirements and to the reasonable satisfaction of the City Engineer; to pay all charges of freight transportation and hauling; 2) that he or she indemnifies the City against any loss or damage; arising from any act of the undersigned as Contractor; and 3) that he or she will accept as full payment therefor the following sums: BIDDING SCHEDULE In case of discrepancy between words and figures, the words shall prevail. ITEM NO. QUANTITY DESCRIPTION AND UNIT PRICE BID EXTENDED AMOUNT (in words and in figures) 71 FOR ITEM (in figures) Temporary Erosion Control for the p sum price of 1 1 Lump Sum {$ ) Utility Location and d ntihcatlon for the price per each of 2 4 Each $ 83 Spec. No. 08-10 EDA AWARD NO, 07 0106042 84 Spec. No. 08-10 EDA AWARD NO. 07 0106042 Construction Surveying for the lump sum price of $ 3 1 Lumo Sum Mobilization for the lump sum price of 4 1 Lump Sum Adjust Manhole to Grade for the price per each of 5 ($ ) $ 1 Each Removing Surfacing for the price per square yard f ($ } 400 Square $ 6 Yards Remove Concrete Sidewalk for the pric per square yard of 7 92 Square Yards Remove Concrete Curb & Gutt for the price per linear foot of 8 156 Linear Feet Remove Fence for th price per linear foot of 9 155 Linear Feet Remove Barri" de for the price per each of 10 1 Each Reloca Barricade for the price per each of ($ } $ 11 1 Each Clearing & Grubbing for the lump sum price of 12 1 Lump Sum 84 Spec. No. 08-10 EDA AWARD NO. 07 0106042 in case of discrepancy between words and figures: the words shall prevail. ITEM NO. QUANTITY DESCRIPTIOM AND UNITPRICE f3ID tin words and in figures) EXTENDED AMOUNT FOR ITEM (in figures) Temporary Erosion Control for the lupp slym price: of dir {1`' } u ` 1 � i Lump Sum ca Utility I ocatt orndlpentnc�iio for he price per p� each of � 2 4 Each Construction Surveying for free lump sum price of i l" J}O LFA e:;5 „Safi 3 1 Lump Sura Mobilization for the lump sym price of { nco 0 } �0-0 4 ; LumD Sum djuft Man leto rad for t�ce��c�h of 1 Each j3�movin�g�Su��a��forth p�ri�ce��squareyard.of 400 Square G Yards RemovConcrete Sidewalk for the price per s u e yard of ` 7 92 Square Yards Remove Concrete Curb & Gutter for the price per linear foot of 6 156 Linear Feet Remove Fe cef�o^rthe �price per //linear foot of 9 155 Linear Feet Spec. No. 08.10 EUA AWARD NO. 07 01 05042 Spec. No. 06-10 EDA AWARID NO. 07 0106042 Remove Barroadefor the price per each o. 4-,2i,. lii% 1 .teti Abtcl �1� a d% > i 'i 0 1 Each � Rejocaie Barri ads f the pricy per each of t ` tl LA= Each l ! Clearing £. Grubbino for the lu Tp sum price of 12 1 Lump Sum Embankment Construction (imported Fill) for the price per cubic yardoff,, t G M&C. Cl . Soso Cubic®�• 74}�r ci 13(F) Yards Roadway Excavation for the price cubic yard of l ter 14 525 Cubic Yards Stniciure Excavation (Bridge) for the price par cubic yard f wgn ! 5(F) 123 Cubic Yards 1 Structure Excavation (F.etaining Wall) for the price per cubic yyard'pm �yK+�—Aml ldlof 16(F) 2E7 Cubic Yards Structure acis�lli Bridg for t a per cubic yard of .� 17n 94 Cubic Yards Structure Backfill (Retaining Wall) for the price per cubic yard of @t MIE i E(F) 317 Cubic Yards Drainage' ' Ditch (Toe of Slope) the price per linear fooi of 19 720 Linear Feet I Bioswale (Edge o- Road) the price per linear foot of 20 970 Linear Feet Spec. No. 06-10 EDA AWARID NO. 07 0106042 Spec. 1,40. 08-10 EDA AWARD NO. 07 01 06042 Permanent F-rosion Control for the price per square yard of � 6f, Square'3, 1.- f 5;4 4 � f 1 21 Yards i Asphalt C ncrnse i ype i 14" for the price per ton a; Owe— IrvczL-vd�e�ct 3� 22 360 ions t , nCfet,�pE 13l 17 10rthe pf10E p rt of Asphalt C: } 4 23 3UU Tons j Feathered Asphalt Concrete Overlay (Type B) 112" for ff the price r ton of 24 15 Tons Not used 25 NOT USED Place AC Miscellaneous Areas—Dike (Type i_) for the orlre per linear foot of LI C- ,2�It7'�^ ( -jr-mo ) 4= 26 280 Linear Feaf Place AC Miscellaneous Areas - Dike (Ramps) for the price per triearfaot of + r 27 35 Linear Feet Place AC Miscellaneous Areas (Ramps) for the price per square yard of (eY ) u� 28 18 S quaire Yards l A regate Base (Class 2} for the per of price 29 2,17b Tons Furnish Piling (Clas0) for the price per linear foot of I ) 30 660 Linear Feet Drive File Class 90 for the pri e per e ch of 31 2? Each Spec. 1,40. 08-10 EDA AWARD NO. 07 01 06042 Spec. ldo. 08-10 EDA AWARD NO. 07 0106042 Furnish Piling (Class 140) for the price per linear foot 32 528 Linear Feet fDrive Pile ('lass 140) for thit price per eeeaaah o; r U k! 33 13 Each I Concrete arrier { }ype 2 -) the ice per lriar foot o; (^, 00 34 234 Linear Feet I'"'���'�"�.r�{�t3 j Concrete barrier ('i ype 732) for the price per linear foot' A* - {$".:� 1 I 35 116 Linear Feet Minor Concrete (Sidewalk) for -the price per square yard of i36 Square { � y S, In,C�`�t�-c9.1 1i 36 Yards 1 Minor Concrete (Curb & Gutter) for the price per linear foot of it!"JrBI�-`� Baa 37 273 Linear Fesi Minor Co rete (drop lnlet ) f r the PrIlpe per s of 36 5 Each Minor Concrete (Storm Drain Manhole) for the price p ,r ah f TL,-A-7 _ 39 2 Each Concrete (Bridge) for the price per cubic yStructural L f CT` a SCA 40M 582 Cubic Yards Structural Concrete (Retaining Wall) far the price per cubic yard of 41iF) 67 Cubic Yards Spec. ldo. 08-10 EDA AWARD NO. 07 0106042 Soec. No. 08-10 EDA AWARD 140. 0? 01 06042 Bar Reinforcing Steel Bridge) far the price per Pound s i I 42(F) ID6,525 Pounds Baarr, Reinforcing, S„teelfR"etaining Wall) for the price p'y'_vSlnC�l 0`f i E 43(F) 7,377 Pounds i Miscellaneous Metal (Bridge) for the price per pound G 44(F) 1.210 Pounds Roadside Signs for he pri e p reach of ?fid 6�a l��4�--s1�ii P✓ 45 6 Each l 12" RCP Class V for the price per linear foot of 4e. NO i US_D 1 "RCP Class llI for theg�p�r��ic,��e�y,,p��er Ei� gearfoot of qy....f (4,�tk3 1 47 3 Linear Feet 24" RCP ClassIII j{orAthe linear foot of ad I& Jprice }j{ner� w a *f— {aaw.w0 48 65 Linear Feet 48" RCP Class Ht for the price per linear foot of —�- 49 305 Linear Feet Temporary Shoring (Storm Drain) for the price per square foot of sa 3,19D Square I 50 Feel I Re -Vegetation oT Orr Creek, for the lump sum price of I ( ¢ 5 i NOT USED I ($ ' a Soec. No. 08-10 EDA AWARD 140. 0? 01 06042 Spec. No. OB -10 EDA AWARD Jq0. 07 01 OBD42 Rock Sic e. Prosection 114 ion fViethod E for the price per ton of r .s I {� .Cay 52 70 Tons Po^l. Slope Prote^ ion Backing for the pri^ per ton m, 12` Ch -n Link Fence Gate f r i p ice p'r each f 53 25 Tons i 54. -i Each Monum n for the price per each of i i.! i � f cl3TSoa va i I 55 5 each Object Marker pe P. -for the price per eacn of Egm v 56 i 2 Each Channelizers for e price per each of 57 10 Each Air Release Valve Asse nbly for price p reach of 4AAOAgg ..�10 ; $ itr SGS •'�_. 58 1 Each 12" PVC 0900 for the price per linear foot of 608 59 Ltnear Feet 12' DIP for the price per linear fool of {s Rio. } 180 60 t inear Feet 121 at eUaive frit the p is C[-�� per each f g ; 4 Each Subgrads Stab'rlizatipn Fabric for the pricy per square yard of 870 Square B2 1 Yards Spec. No. OB -10 EDA AWARD Jq0. 07 01 OBD42 SpOC. ]dD. 08- i 0 EDA AWARD NO. 07 D i 06042 Cement Treated Permeable Base for ine price per cubic y rd of 63 3 CY Tubular Hand Railing for the price per linear fact of f .ya `= 0 {s _ l 64 1 3.5 i Linear Feel Cable Railing for the price per linear foot of 65 28 Linear Fee, Pavement Delineation for the lump sum pric of 60 i Lumo Sum Structural Concrete (Outlet Retaining Wali) for the price per cubic yard or t a� 30 CY Minor Concrete (outlet Channel Lining) for the price per cubic yard of t( 68(F) 4 CY 1 Structure Excavation (Outiet Retaining Wall; for the price per cubl�c'yra of (st.�) 69'F 'l87 CY . Structure Backfill (Outlet Retaining Wall.) for the price per pubic and of �t•4 _.'ani. is 15 1 70(F) 932 CY Cable Railing (Outlet.Structure) for the price per linear foot of %f, JIM Bar Reinforcing Steel (Outlet Retaining Wali) for the l• • price per pound of i'2(r l 3,877 LB SpOC. ]dD. 08- i 0 EDA AWARD NO. 07 D i 06042 Spec. No. 08-10 FDA AWARD NO. 07 01 06042 Bar Reinforcing Steel (Outlet Channel Uning) tor the i i r e per pound of i 73(x) 27,4 LE ( } Erosion Control Khat (Outlet Channel Lining) for the price per square yard of i 74- 312 SY rrlgallfln�iy_I.ne L Sleeve /„�•� sae • �Q a a.�_ � .� ,. y � 75 2 EA I Ifj ii } Channel Excavation/Grading 3 3 jlilili{yy ��.gy�� 1 76 1,000 CY Native Perennial, Annual Seed } 77 1'i ,900 Sr Erosion Control Blanket i !t^, — I .,s 78 11,900 Si i ! Tsees, 15 allpr. sl e c retainers t f_.`,r h6 �t9t 79 35 EA Trees sprig 80 51 EA M" Shrubs, one gallon size containers " 81 36 EA j Shrubs, depot -40 trays 00 62 123 EA { Groundcover, treeband i { 00 83 99 EA Spec. No. 08-10 FDA AWARD NO. 07 01 06042 We, the undersigned, further agree, If this'proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall, be understood that he or she has abandoned the contract and that; therefore, this proposal shall be null and void and the proposal guarani, accompanying this proposal, or the amount of said guaranty, shall be 'forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. i p spec. No, 08-10 EDA AWARD ND. 07 01 06042 Ve'and V ive +✓ - ra 84 4 EA 1 1 � � )rrigation F�emote Conir Iler yyq� Cj ods G� 85 2 E-A ., inch, PVC, SCH 40, Irrigation Line and Fininus 8v 185 LP ze Drip Irrigation and Components M 1 ' j Cad S 87 2,218 Lr Plant Establishment J g 0 IltLf?4�o=�1fYL �iy^.ria�rd Aja#a 88 1 LS Asphalt Concrete r, iype B) '1IT Cveday for priceper 1 jthe ton t 191A`E [.'a3 89 115 Tons p� �5t 34 8 TO i AL BID BASE::AMOUNT Total base bid amount: in %cords: d%&�jiSt 'i' t/��� ' Com.-�-�•. AC Overlay ("type B) 112" -Brush Street for Deductive Bid Item Amount the price per ton of Deductive Bid Item No. 1 115 Tons (� ----a We, the undersigned, further agree, If this'proposal shall be accepted, to sign the agreement and to furnish the required bonds with satisfactory surety, or sureties, within fifteen (15) calendar days after written notice that the contract is ready for signature; and, if the undersigned shall fail to contract, as aforesaid, it shall, be understood that he or she has abandoned the contract and that; therefore, this proposal shall be null and void and the proposal guarani, accompanying this proposal, or the amount of said guaranty, shall be 'forfeited to and become the property of the City. Otherwise, the proposal guaranty accompanying this proposal shall be returned to the undersigned. i p spec. No, 08-10 EDA AWARD ND. 07 01 06042 CITY OF UKIAH Mendocino County, California BIDDER'$ BOND KNOW ALL MEN BY THESE. PRESENTS, that we, FEDCO Construction Inc. as PRINCIPAL and International Fidelity Insurance Company , as SURETY, are held and firmly bound unto the City of Ukiah in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Uklah, as the case may be, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, to the City Clerk to which said bid was submitted, we bind ourselves, our heirs, executors, administrators and successors jointly and severally, firmly by these presents. in no case shall the liability of the surety hereunder exceed the sum of $e'en Percent UQYg) of Total Amount Bid THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the above mentioned bid to the City of Ukiah, as aforesaid, for certain construction specifically described as follows, for which bids are to be opened at the Office of the City Clark, Ukiah Civic Center, Ukiah, California, on May 8 , 2009 for ORCHARD AVENUE BRIDGE AND RI LATER STREET IMPROVEMENTS. NOW, THEREFORE, If the aforesaid principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him or her for signatures, enters Into a written contract, In the prescribed form, in accordance with the bid and files two bonds with the City of Ukiah, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law, then this obligation shall be null and void; otherwise, it shall be and remain In. full force and virtue. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 4th day of May , A.D. 20 09 FED�jC,O} Construction, Inc. (Seal) Bv:'� ice. - (Seal) W/1-Gl&q .3: OLnRq"Lz -- _--- (Seal) Principal Inter ati nal Fidelity Insurance Company(Seal) B : ,(Seal) David Alvarado, Attorney -In -Fact (deal} Surety Address: 1575 Treat Blvd., Suite 208 Walnut Creek CA 94598 98 Finer Nn M -'if) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT �iL�:�•fZn:+.aur.•irS��t.�+'..�.t$e�.Y�N.irn�7J�'�;,:,r�.�, .,k :�4i:Sr.;iSr�'S<. i Sr...{�-..•.s�'•..:.� ti`.�,il:.a5�c:_�X a.�e-'�.t.J;.t. State of California County of __ Alameda,_._ On M_ay 4, 2049 beforo me, _ Katherine G._Zerounian, Notary Public Dato ^ ^^ koro Maori Namo andniki d the Offivar personally appeared ____...._.__.__..--. -.------_--..__.._....._.._..... David Alvarado.__... ,.....,..__.__�_..^..�.—.�.__..____.....^._._.. Nemo{s} of Signar(at who proved to me on the basis of satisfactory evidence to be the person" whose named is/em subscribed to the within instrument and acknowledged to me that hehfheftep executed the same in hisiherAl iah authorized capacity(tes); and that by hisfiTmAhoti-signatureM on the instrument theerson KATHERINE G. 2E120UN{ARt p (a), or the entity upon behalf of r which the erson -acted, executed the Instrument. Commission # 1588102 Z p Notary public - Calltornla � ' u ' son Francisco county I certify under PENALTY OF pEIIJUFtY under the taws my comm. ExplreaJun29, 2009 of the State of California that the foregoing, paragraph is true and correct. WITNESS my hofficial seal, Sy place tmwysom Atove OPTIONAL ° - l� -- slonaturo of Notary pubto -----� --- OP i dONAL Though the information below is riot required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this farm to another dooument. Deseription of Attaehstt DoWmant Title or Type of Doournenr Document Late: Number of Pages: Signer(s) Other Than Named Above: Capacity(itis) Claimed by Signer(s) Signer's Name; Signer's Name: ......... o Individual G Individual * i;orporate Officer — Title(s): _ 0 Gorporatti Dftio6r — Title(s): Partner — IJ Limited O General x 0 Partner --- © Limited D General * Atlorney in pact C-! Attbrnoy in Fara Trustee Top of thumb hero n Trustee Top of thumb here * Guardian or Conservator CI Guardian or Conservator IJ Other: O Other: Signer la Representing:. Signer Is Representing: ��L•vii:�YLsi�S:!s�:qr%.;��47:c.t���t"�w`�'fi'.t��.�"3Ci�.?:% r�;�':�.�`'w'�:kX;'�?.r3�.r•`•���*:•'.2�`���ki{*���?�_•�`rfi;�_�%k�t x'�L•:k:!%�',zrr�'�rS4�r;,U`�v�ii�:t,�'i 02007NO11i3 lNotamyACOWC1b,5-050 WSW AVd,cP.o.Ddda2402dC11htftdr11i,CA4i3{3.2402•www.NJhar�aiNatuyar� ilarrrl5fl67 fiaordar:Cnu7oil•Fiea4.80687G-sA2� Tel (973) 624-7200 POWER OF ATTORNEY I silo 151 1135114 HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint ...................... ......................... ....................... ........................... ...................... ... .......................... ................................................................... .............................. ........... ............... ...... . KATHERINE G. ZEROUNIAN, DAVID ALVARADO San Francisco, CA. ............................................................................................................................................................................................................................................................................ its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory, m the nature thereof, which are or may be allowed, required or permitted by law, stature, rule regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3 -Section 3, of die By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute oil behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke tate authority given. Further, this Power of Attorney is signed and seated by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on die 29t1i day of April, 1982 of which die following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon die Company in die future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. INTERNATIONAL FIDELITY INSURANCE COMPANY STATE OF NEW JERSEY County of Essex Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the lie is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that die seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. UIA IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2010 1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of die By -Laws of said Company as set fort!, in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that die said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this -f t`) day of Assistant Secretary 1Nitness our hands this day of /WAI/ 5- . 2009 . Licensed in accordance with an act providing for the registration of California Contractors license No. z/79,R, 7 , expiration date THE .CONTRACTOR'S LICENSE NUI\iB~R AND EXPIRATION DATE STATED HEREIN ARM IJIADS UNDER PENALTY OF PERJURY. Signature of bidder or bidders, with business name and addresses: Notice: in the case of a corporation, give below the addresses of the principal aif)ce thereof and names and addresses os the President, Secretary, Treasurer. 3,67/0 B iz0 0 s spec. 1,10. 06-10 EDF, AWARD hid. 07 0106042 LIST OF PROPOSED SUBCOii! i FACTORS ORCHARD AVENUE BRIDGE AND RELATED STREET IMPROVEMENTS in compliance with the provisions of Sections 4100-41D8 of the State Government Code and any amendments thereof, each bidder shat, set forth (a) the name and location, of the place of business of each subcontractor who will perform wort; or labor or render service to the Contractor in or about the construction site in an amount in excess of one -haft of 1 percent of the total bid and (b; the portion of the work to be done bv each subcontractor. � v % 7a 15 Spec. No. 02-10 EDA AWARD NO. 07 01 06042 FAIT? eMPLQYM N T PRACTICES CSR T IFIC,4TTON T0: (21 1-2? 1,=h`6.�4 d7` The undersigned, in submitting a bid for performing the following wort. by Contract, hereby certifies that he or she has or will meet the standards of affirmative compliance with the Fair Employment Practices requirements of tile Special Provisions contained herein. ORCHARD AVENUE BRIDGE A14D RELATED S'T'REET IMPROVEMENTS (Signature ofididdder) Business Name £ Trialling Address: Business Location: '5 .. (The bidder shall execute the certification of this page prior to submitting his or he:- proposal.) 12 5peC.140. 08-10 EDA AWARE NO. 07 01 060412 WORKER'S COMPENSATION CERTIFICATE ORCHARD AVENUE BRIDGE AND RELATED STREET IMPROVEMENTS I am aware of time provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Worker's Compensation or undertake self-insurance in accordance with the provisions of that code and I will comply with such provisions before commencing the performance of the work of this contract. Witness my hand this day of 200 Signature of Bidder, with Business Name & Address: . 4 GC11GG1 1 '1 JI. oe-l)'10-4 109,e r 13 Spec. No, 08.90 EDA AWARD NO. 07 01 06042 CERTIFICATION OF NONDISCRIMINATION'' IN EMPLOY10EKIT ORCHARD AVENUE BRIDGE AND RELATED STREET IMPROVEMENT S The bidder represents that he or she has/has not, participated in a previous contract or subcontract subject to either the equal opportunity clause herein or the clause contained In Section 301 of ExeCUtiVB Order 10925; that he or she hasthas not, filed all required compliance reports; and that representations indicating submission o; required compliance prior to subcontract awards. Signature and business name and address of Bidder, Date, -5-6 -/—') 1 (This certification shall be executed by the bidder in accordance with Section 60-1.6 of the Regulations of the President's Committee on Equal Employment Opportunity for implementing Executive Orders 10925 and 11114.) 14 Spec. No. 08-10 EDA AWARD NO. 07 01 06042 STx.TEMEK1T OF EXPERIENCE Q SIDDER ORCHARD AVENUE BRIDGE AND RELATED STRWET IMPROVEMENTS The bidder is required to state below what worst of simile' magnitude or character he or she has done and to give references that will enable the City Council to judge of his or he, experience, skill and business standing and his or her ability to conduct work as completely and rapidly as required under the terms of the contract. ?6 Spec. No. 06-1D EDA AWARD NO. 07 01 06042 FEDCO Construction — for the bid Orchard Avenue Bridge and Related Street Improvements City of Ukiah Bid Date: 618/09 Bid Time: 2:00 2009 Midway & Magowan, Santa Rosa #08/21 Swr/Wtr Replacement City of Santa Rosa $1,810,155 707-546-5178 2008 Hahman/Claremont Dr., Santa Rosa #07/46 Swr/Wtr Improvements City of Santa Rosa $1,370,000 707-546-5178 2008 Local Overlay, Sebastopol #08/10 Street Overlay City of Sebastopl $317,475 707-823-8597 2006 Rebuild Starr Rd., Windsor #06/21 Underground Utilities & Paving Ryder Homes, $1,325,000 925-937-4373 2005 3300 Westwind, Santa Rosa #04117 Sitework, Underground Commercial Midstate Construction, $823,000 Kurt Langdon, 707-494-0999 SIGNATUREIS) DP BIDDEP. ORCHARD AVENUE BRIDGE AND RELATED STREET IMPROVEMENTS Accompanying this proposal is .,6 (Insert the wards "cash ($)", "cashier's check" or "bidder's bond", as the case may be) in an amount equal to at least 10 percent of the bid. The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE: if bidder or other interested person is a corporation, provide the legal name of corporation and also the names of the president, secretary, treasurer and manager thereof. if a co -partnership, provide the true name of firm and also the names of all individual co- partners composing the firm. If bidder or other interested person is an individual, provide the first and last names in full. �610 6U4C1,M-- Licensed in accordance with an act providing for the registration of Contractors: License No. y79rPa-2 License Expiration Date? �c! Signature(s) of Bidder: NOTE: if bidder is a corporation, the legal name of the corporation shall be set forth above together with the signature of the officer or officers authorized to sign contracts on behalf of the corporation; If bidder is a co -partnership, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign contracts in behalf of the co -partnership; and if bidder is an individual, his or her signature shall be placed above. If a member of a partnership, a Power of Attorney must be on file with the Department prior to opening bids or submitted with the bid; otherwise, the bid will be disregarded as Irregular and unauthorized. Business name & address: 2i 0-0 a6,VS%7 ,6(Cl1 C)1-) //V-(— 9510 t100a3S ,/ �5l�ryil�}/LSI tom'' �l 7 Place of residence: Q>7 -1)L7/ CVt J Dated: , 1.7 Spec. 140. 08-10 EDA AWARD NO. 07 010604 2 NON -COLLUSION A:0DAVIT Note: Bidder shall exeCute the affidavit on this page prio tt? Submitfino his or her bid, To City Council, Cite of Ukiah: The undersigned Jr. submitting a bid for performing ORCHARD AVENUE BRIDGE AND RELATED STREET IMPROVEMENTS by contract, being duly sworn:, deposes and saes: that he or she has not, either directly or indirectly, entered into any agreement, particlpated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract, W 2 k'c; Signature ) of Bidderwlc.c,rr9•.+'7 J' 04-wc " Business Address: -?510 43r202,65J d`j`5r 5,}N7;f-- 3f C* 951167 Place of Residence: 00%lET/ C'� NOTARIZATION Subscribed and sworn to before me this -/)* day of 1�219Y , 200 ,5c1'Zf-AJR1C_ Ct)A-77Sak�. _ Notary Public in and for the County ofD+y© State of California, my Commission Expires 20, SUZANNE WATSON 19 v- •� COMM. #1745085 K spec. No. 06-10 EDAAWAP,D140.070106042 NOTARY PUBLIC -CALIFORNIA Ci SONOMA COUNTY —b My Comm. Expires June 11. 2011 May 18, 2009 City of Ukiah Department of Public Works 300 Seminary Avenue Ukiah, California 95482-5400 Attn: Tim Eriksen, City Engineer Mary Horger, Purchasing Supervisor Re: Orchard Ave. Bridge and Related Street Improvements Specification No. 08-10 EDA Award No. 07 0106042 Dear Mr. Erikson, MMM COnSTMCTIon SINCE 1922 NORTH COAST BRANCH Please consider this letter as Granite's protest of the City's acceptance of Fedco Construction, Inc.'s bid on the above referenced project. On Friday, May 8, 2009, the City of Ukiah received bids for Orchard Ave. Bridge and Related Street Improvements. At the time of the bid opening, Fedco Construction, Inc. (Fedco) was read as the apparent low bidder and Granite Construction Co. was read as the apparent second low bidder. However, an examination of Fedco's bid documents indicates that Fedco's bid contains numerous errors, omissions, alterations and other material irregularities (irregularities) which gave Fedco a distinct advantage in bidding this project. These irregularities are enumerated below. Bid Item Unit Prices in Writing and in Figures Paragraph 1-03 Proposal of the General Conditions states that "All bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her address." Fedco violated this requirement nine times by failing to write in words the unit price bid for bid items 50, 59, 60, 64, 65, 67(F), 68(F), 74, and 76. Arguably, when the words are not written, the value for the unit price does not exist and is subject to interpretation and other problems when tabulating the true bid amount. In the case of bid item 74, it is not clear what unit price is written in figures as the unit price appears to be Pl! The City of Ukiah has a long standing requirement for filling out bid proposals both in words and in figures. The bid closings for unit price public works contracts always require a concerted effort on the part of the bidder to insure that last minute changes are properly incorporated into Ukiah Area 1324 S. State St. Ukiah, CA 95482 707/467-4100 FAX: 707/467-4154 the bid. The requirement to include both written words and figures for unit prices requires additional time and effort on the part of the bidder and forces the bidder to be more deliberate and thoughtful on how to go about closing the bid. If the City is going to accept a bid that violates this requirement on 10% of the bid items (9 out of 89) then why have this requirement at all? By not writing in the words for the bid item prices, Fedco gained valuable time in their bid closing effort to negotiate lower prices from subcontractors and vendors and incorporate changes into their pricing. In addition, assuming the words match the figures, Fedco placed themselves in a better position to come back after the bid and claim a mathematical or clerical error and pull their bid if they were not satisfied with the bid results. This is especially true in the case of bid item 74, where the unit price is indiscernible. Bid Item Unit Prices in Writing Are Different than the Ones In Figures At the top of the first sheet of the schedule of bid items it states "In case of discrepancy between words and figures, the words shall prevail." Fedco has three such discrepancies in their bid. Bid item 4 is in words for $3,000 and in figures for $35,000. Bid Item 41 is in words for $700 and in figures for $750. Bid Item 71(F) is in words for $29 and in figures for $79. In the case of Bid Item 4, it appears that there may have been an attempt to cross out the words but the words are not clearly crossed out nor are there any initials or any attempt to rewrite the unit price in words if indeed the intent is to make a change in pricing. Note that Bid Item 21 contains a cross out of the bid item price in figures and is initialed. With these discrepancies, and especially in the case of Bid Item 4, Fedco placed themselves in a position to "clarify" their bid after the bid opening and either convince the City of their intended pricing or claim an error. If their bid is accepted by the City, Fedco has gained a clear advantage over the other bidders. Proposal Contains Mathematical Errors Paragraph 1-03 Proposal of the General Conditions states that "Bidders are warned against making erasures or alterations of any kind and proposals that contain omissions, erasures, conditions, alterations, additions not called for, additional proposals or irregularities of any kind may be rejected." Fedco has two items where the extended amount for the bid item is mathematically incorrect. Bid Item 29 is extended by Fedco to be $34,226 but mathematically should be $68,295. Bid Item 50 is extended by Fedco to be $1 but mathematically should be $10.21. Obviously, Bid Item 29 has much greater implications than does Bid Item 50. Bid Item 29 represents a mathematical error of $34,069. Fedco's total base bid amount does not equal the sum of Fedco's extensions. Fedco totaled their base bid amount to be $1,235,348.05. However, adding up their extended bid item amounts produces a mathematical sum of $1,224,236.05, a difference of $11,112. This can not be explained by taking into account the two extension errors discussed above. With all these multiplication and addition errors, omissions of written unit prices, discrepancies between written words and figures, and an indiscernible item price there is no way of knowing what Fedco's true intended bid price actually is. Fedco certainly is in a position to claim numerous clerical errors and walk away from this bid without penalty. Subcontractors Not Properly Listed Section 4100-4108 of the State Government Contracting Code requires that in order to list a subcontractor to perform a portion of the work in excess of 1/2 of 1% or $10,000, whichever is greater, the bidder must include "the name and location of the place of business of each subcontractor..." and "the portion of the work which will be done by each subcontractor..." The bidder is reminded of this requirement by the City in paragraph 1-10 Identification of Subcontractors of the General Provisions and on the top of the List of Proposed Subcontractors sheet in the proposal. Fedco listed 6 subcontractors. However, only two of the six listings included the location of the place of business of the subcontractor. Fedco lists the following four contractors without including their location of business: MBI Atles Tree AJ Valconei BelGee & Race A check of the California State Licensing Boards website will indicate that there is an MBI who is a contractor from Lake Almanor but that has an expired contractor's license. None of the other three subcontractors as listed by Fedco can be found on the website. The possible explanations for this are that these subcontractors are fictitious and do not exist, that they exist but are not licensed or that Fedco misspelled their names and they would not show up on the State's list of licensed contractors. Since their locations of business are not included, there is no way of determining Fedco's intent without going back to Fedco after the bid and asking for clarification. The requirements of the government code are clear (name and location of business). The intent of the code is to prevent bid shopping and bid peddling. By leaving out statutorily and City required information regarding their subcontractors, Fedco placed themselves in a position to further negotiate with subs after the bid. For example, if Fedco's intent at bid time was to use Atlas Tree Service from Pleasant Hill (listed as Atles Tree) to perform the clearing work but wanted to consider performing this work themselves or negotiate a lesser price from Atlas, they could now tell Atlas that they did not properly list them for this work and that they may or may not attempt to clarify the listing with the City depending on Atlas' level of cooperation in their negotiation. Preponderance of Material ®missions, Errors, and Irregularities Fedco has no less than 20 material irregularities in their bid. The summary is as listed below: 1. Unit price without written words (50, 59, 60, 64, 65, 67(F), 68(F), 74, and 76): 9 Ea. 2. Indiscernible unit price in figures, no written words (74): 1 3. Discrepancy in unit price between written and figures (4, 71): 3 4. Bid item extension has mathematical errors (29, 50): 2. 5. Base bid summation amount has mathematical error: 1. 6. Subcontractor is improperly listed: 4 Total Number of Material Irregularities: 20 Ea. The integrity of the public works bid process is severely compromised if a bidder's bid is accepted when it is riddled with irregularities, whether by design or by lack of competence. A fundamental rule of competitive bidding is that the bids must conform with the specifications and that if a bid does not so conform, it may not be accepted. Konica Business Machines USA Inc. v. Regents of the University of California (1988) 206 Cal. App. 3d 449. Fedco definitely gained an advantage by not writing in words for their unit prices. This is a meticulous and time consuming process that must be performed during the critical period when subcontractor and vendor quotes are being received, examined, compared and decided upon. These decisions are often times being made minutes before the deadline for receiving bids. To not have to spend the time writing in the words on all the items provided a great advantage to Fedco. Under California law, it is clear that a missing or incorrect term in a bid is material if the bidder would gain an unfair advantage over other bidders by its inclusion or omission. Valley Crest Landscape Inc. v. City Council (1996) 41 Cal. App 4th 1432. In this situation, Fedco's material irregularities in its bid form were mistakes that create an opportunity for the low bidder to withdraw its bid without sacrificing its bid bond. Pub. Con. Code, Sec. 5103. Fedco obviously gained an unfair advantage over the other bidders. To submit a bid with numerous price discrepancies, unclear changes, and errors in extensions and final summation all provide opportunity for the bidder to "clarify" its intent after the bid and make a determination after having a chance to evaluate the other bidder's prices and see how the public agency will interpret the bid's irregularities (i.e. whether in the bidder's favor or not) before deciding again if the low bidder wants to perform the work at its bid price. Fedco can certainly establish that there are errors in their bid and they have obvious grounds for pulling their bid. Depending on the "interpretation" of these errors by the City, Fedco's price may increase or decrease. If they had not been the low bidder, their errors might have made them the low bidder. As the low apparent bidder, these errors may be interpreted to get them closer to the second bidder and place them in a preferred position. These errors all served to provide an advantage to Fedco by giving them choices after the bid, choices that a bidder correctly filling in the bid documents did not have. This is precisely the type of unfair advantage the law of public works bidding was established to protect against. In some circumstances, the agency must decide if an irregularity is material or not to the integrity of the process, other bidders and the agency. In one circumstance well established under California law — that of typographical or mathematical errors in the bid similar to those contained in Fedco's bid — the irregularity in the bid is not waivable by the City and the bid must be rejected. Valley Crest Landscape Inc. v. City ouncil (1996) 41 Cal. App 4th 1432. Menefee v. County of Fresno (1985) 163 Cal App. 3rd 1175, 1181. Discretion does not exist for the City to waive such error in this case. In the case of leaving out the four listed subcontractors' location of business, this may seem like a minor irregularity. Yet as discussed above, when coupled with the additional problems on how they were listed (fictitious, unlicensed or misspelled), this provided subtle potential advantages to Fedco that were not available to the other bidders, advantages that are the very essence for which these listing requirements were created and designed to deter. In conclusion, the City should not accept a bid with 20 each omissions, errors, alterations and irregularities. The public works bidding process is set up to insure a fair and honest means for bidding and awarding contracts to the lowest responsive and responsible bidder. Considering the scope, categories and number of the many problems associated with Fedco's bid there are no possible circumstances under which Fedco's bid can be declared responsive. Granite requests that Fedco's bid be considered nonresponsive and that this project be awarded to the lowest responsive and responsible bidder, Granite Construction Company. Sincerely, Granite Construction Company, Inc. Pat Traverso North Coast Branch Manager Cc: Richard Watts, esq. Ref. (150206001 May .19, 2009 Ms. Belli Burck 1)elnity Director City of Ukiah 411 W. Clay Street Ukiah, CA 95482-5400 Re: Bid Protest by Granite Construction - Orchard Avenue Bridge and Related Street Improvements Dear Ms. Burck, We have reviewed the letter dated May 18, 2009, by Granite Construction regarding the completeness of the bid prepared by Fedco, Inc. Granite. references 1-03 Proposal stating that "All ll bids shall give the prices bid, both in writing and in figures and shall be signed by the bidder or his or her authorized representative, with his or her address." as our letter identified. Fedco did not comply with writing the unit cost on eight of the unit price bid items (bid items 50, 59, 60, 64, 67(1'), 68(F), 74 and 76). Granite also slid not comply with writing the unit cost on one of the unit price bid items (bid iterns 11). 1 had originally interpreted these as minor irregularities. According to 2-01 "The City reserves the right to reject any and all bids and to waive any irregularity in the proposal not pertai111l1g to cost." these items relate to the cost, so these irregularities may be viewed as cost .related and therefore not waived. Granite also references three discrepancies in Fedco's bid between the unit written cost and figures, in all three (bid items 4, 41(F), and 71(F)) instances the higher cost was used to calculate: --tile extended amounts. 1. reviewed these numbers and in 1ny judgment two of the three items were consistent, figures times the quantity produced the extended amount, so I fielt these numbers were valid. Granite also referenced two math errors; bice items 29 and 50, which were previously identified in Winzler & Kelly's letter. Plus, the Fedco's Total Base Bid was incorrect. Using the unit bid prices increases Fedco's Tota] .Base Bid by $20,565.21, still the lowest bid received. The listing of the sub -contractors made by Fedco and the concerns raised by Granite were: M131. I`edco had them listed to perform the work for bid items 64 tubular haled rail, 65 cable railing, and 71. cable railing. This appears to be the same sub -contractor as listed in Granite's bid and 9.5 Tocc)ni C-:ircle, Sans Rosa, CA 95401-4696 ce1707J23,1010 fax707527.5(>79 n wxv.Nv-and-k.com V Rev. 5106 Ms. Burck May 19, 2009 Page 2 other submitted gids; Atles (or Atlas) 'free, Pedco has thein listed as a cleating sub-colitractor. three other bidders listed Atlas; AJ Valconi, appeared to be listed by another bidder, we had contacted AJ Valeoni to obtain a. list of references; Brelje & Race appeared to be listed by another bidder. I had originally interpreted these as minor irregularities. Our letter of' May 14"', had recommended Fcdco, Inc., which indicate(] irregularities in their bid submitted. With the bid protest, we recommend discussion with legal counsel to assist with the discussion of the validity of all the bids. If you have any questions, please do not hesitate to call nye at (707) 523- 10 10, Sincerely, WINLLER & KELLY Jim Winter, P.E. Construction Manager Attachments cc: Ted Whlton Bill Silva Rick Jorgensen WINZLER(SgKELLY Ref. 0250206001 May 29, 2009 Ms. Ann Burck Deputy Director City of Ukiah 411 W. Clay Street Ukiah, CA 95482-5400 Re: Bid Review - Orchard Avenue Bridge and Related Street Improvements Dear Ms. Burek, Per your request of May 27"', we have re-evaluated the four lowest bids received on May 8, 2009, regarding the Orchard Avenue Bridge and Related Street Improvements Project. Attached is a bid evaluation form and a. bid results spreadsheet. Fedco Construction, Inc bid: Two mathematical errors were detected. Specifically: bid item 29, the extend amount was multiplied. incorrectly, Fedco had written $34,226 and the actual calculated value is $68,295; bid item 50, the extend amount was multiplied incorrectly, Fedco had written $1 and the actual calculated value is $10.21; therefore the total bid amount was incorrect and increased to $1,255,913.26. There were nine unit prices that were not written out in words (46, 50, 59, 60, 64, 65, 67, 68, and 76) and one (41(F)) that was not completely written out in words. The listing of the sub -contractors did nott reference the location of the sub -contractors. Granite Construction Company bid: There was one unit price that -%Nras not written out in words (74). MGM Construction, Inc bid: The total base bid amount was rounded up twenty cents. North Bay Construction, Inc bid: There was one unit price that was not written out in words (30). One unit price item that was Arritten out in words as "One hundred dollars" and the figure was $50 (56). 4 495 Tesconi Circle, Santa Ro:a, CA 95401-4696 0 ts.1707.523.1010 fax 707.527.5679 wwxv.w-and•k.cc,m 0 Ms. Burck May 29, 2009 Page 2 I had originally interpreted these as .minor irregularities in the Fedco bid received. According to 2-01 "The City reserves the right to reject any and all bids and to waive any irregularity in the proposal. not pertaining to cost." these items may relate to the cost, so these irregularities may or may not be viewed as cost related and therefore not waived. All four rids have some irregularities. In my opinion, if any bids are rejected due to irregularities all bids should be rejected. Our letter of May 14"', had recommended Fedco, Inc., which indicated irregularities in their bid submitted. With the bid protest, we had further recommend discussion with legal counsel to assist with the discussion of the validity of all the bids. If you have any questions, please do not hesitate to call me at (707) 523-1010. Sincerely, WINZLBR & KELLY Jim Winter, P.E. Construction Manager Attachments cc: Ted Whiton Bill Silva Rick Jorgensen -'P 8E E EIZ98 F12 E S 683�8BE RE E?398883 a 358883 a 8��,Eh SEES a.agsHa g Ra I� "Ig.Fs MMZU UV? R a a 8 8 888 SRH 4H4 828SRS e E'B-B 1` -888 FEE BE SEE r 9. ii Pt f Z5n7#8a 1 § 5. nES S81SR28SR289� gags WOES PE 2 Rzit F, E I, Ps i;; 8 g AM M51EM'N '.. e# 3864 RU 1� Sic.gFf`vRf.." 't 8115868 88sy Ei3ggg -:gS6R2 E� Hp as - 2AB :RRPE.&2S?EZ8EBSReS2SSSeR afIRS 'H'Up.r-kR 96 Hlp;.J;�H AIM FM q RX; 9 M. Ra.99fl"M Mg 5 Hlf�a OHM,! Hv I'll $23 HMEaRer�fe 'R8 �E'a 893 Y59 %SEfi888H68a8. SEES" BESS ' sflg;PW fi 9 EBBS JIS zf-g t - •SSO";I gq OAK H5 5 - - gR %---K S- CAB -'Al— -n ----- - V— ... . ..... 12 BE#gH: nnK a a gay ;A a S a 2-2S 2S S a g f gpsz MO— a a 6 R a - - - S P -F 2§--B ftt-U 8 a m -P.mmH a U H. afig g 2 a R e Od 9 1" u. z P, 5 A T� H HE a$9a 5 f1p, r: '�'-mpsmn m Ec SEES 8 SSEU 89888953888 ^e 68 9# 68>'a 8E8Fz8F48Fa % AN 8 R -dEnntssx868 88E 885..3£ P8?8 BOB, KEN REFEZ5EI!; E "@8855 8 3 gns -2"e— pgj I H P, HIM, Bid Requirements Bidders Fedoo Granite MGM North Bay Complete Bid Form Receipt time 1:57 PM 1:55 PM .. .... .... 1:58 PM 1:55 PM . ........... Acknowledge Addenda? 1-2 yes Yee yes yes CA License A-1 ? 479227 i 89 286430 357560 Signature of Bidder ---Yes yes i yes yes Bid Bond 10% of bid? yes yes J .... yes I ......... yes yes . . ......... yes yes _qed? ,SjanedlNotari Fidelity . ..... Fidelity TravelersSurety? Travelers . . . . ........... Subcontractor List? yes - 6 yes - 8 yes - 7 Yes 6 Fair Employment Practices Cert? yes I yes yes yes Worker's Compensation Cert? yes yes yes yes Non -Discrimination Cert? yes yes yes es ........... Statement of Experience?jes ..... . .... yes yes . . ..... Non -Collusion yes yes i yes yes Bidding Schedule Total Bid Base Amount $ 1,255,913 $ 1,307,25 $ 1,424,465 $ 1_,436,650 Deductive Bid Item Amount $ (13,225)1 $ (13, (8,625)1 $ (14,375) Subcontractors Bidders Fedco Granite .1-MCM North Bay Apply Aline - Strippers x i x . . ........ . MBI - Fencing/Railing x X x I x Daniel Steel - Piling x Atlas Tree - Clearing X AJ Vasconei - Bridle......._ x x BreIje & Race - Surveying x .......... .. Cinquini & Passarino - Survey x EP Jariett Foundation - Piling x . . . ............ . ......... . ACL - Concrete Barrier .... . . ......... - Neary Landscape )e . ...... . . ............ X x x _ Devincenzi Concrete - Sidewalk, C&G I x 7 CMC Fontona Steel - Rebar x x Chrisp - Signs & Strippingx . ......... x Mendocino Construction - Grading & Paving ..... x . ........ . ........ VVIPF - Underground_x . . ........ _.......i_......._ . . . ....... Alamillo - Rebar - - ----------------------------- SHN - Surveying & Testing . . . ................. x Granite acknowledged #1 and inserted k Bid Evaluation Form.xis 5/29/2009 GENERAL ENGINEERING LIC. NO. 479227 June 2,1009 .. Tina. Eriksen, City Engineer Mary Horger, Purchasing Supervisor City of Ukiah Department of Public Works 300 Seminary Avenue Ukiah, CA 95482 RE: Orchard Avenue Bridge and Related Street Improvements Specification 08-10 EDA Award Number 07 0106042 Dear Mr. Eriksen, Thank you for the opportunity to reply to the bid protest of Granite Construction Company (GCC) dated May 18, 2009. Had your department not forwarded a copy of their letter to our office, we would have not have had the opportunity to reply. Additionally, we have read the Agenda Summary Report, Item No.: 10e, Meeting Date: June 3, 2009 (Report). Before we snake our case for acceptance, we wish to thank the department for doing a thorough analysis of the bids received and in writing up their findings. We believe we have a legitimate rational to be awarded the Project: As outlined in the Report, FEDCO Construction, Inc., (FEDCO), admittedly finds itself with a significantly low bid that does contain conflicting information. Yes, more conflicting information than the other bids which also contained conflicts. GCC made the primary argument against FEDCO that somehow we had the unfair advantage to Pull our Bid, without the City having recourse. They attempted to make the argument that it is only FEDCO's choice, and we beg to differ. Not only has FEDCO not attempted to pull its bid, but FEDCO finds the arguments presented within the Report to strongly support the City's ability to legally force FEDCO to honor its contract or the City will be entitled to a Bid Bond claim! We believe the option for the City to be the essential element as to why the City Council may support and award the project to - FEDCO. We see the matter boiling down to this one, essential issue: Should the Counsel find the bid compliant enough to go after the Bid Bond, therm it studs that the Bad is compliant enough to hold FEDCO accountable to perform for the City. Contrary to GCC's claim that FEDCO had an unfair bid advantage, we believe that the only advantage rests firmly in the hands of the City Council, on June, 3, 2009. We respectfully request that the City Council hold FEDCO accountable to its Bid. ;z- P�-T�� William J. Olmo, III President 3510 BROOKS AVENUE + SANTA ROSA, CA 95407-7962 ® T: 707-556-0500 ® F: 707-586-0900 ITEM N MEETING DAT city oj-'Ukiah AGENDA SUMMARY REPO. INJUI •, ., •40MMI A r • 11a June 3, 2009 Background: The City of Ukiah is an original member of the Mendocino County Youth Project (MCYP) Joint Powers Agreement (JPA). Since 1974, MCYP has helped children and their families throughout Mendocino County by providing critical services including mental health, substance abuse, transitional living, youth crisis services, as well as school based youth services. The Board of Directors of the Mendocino County Youth Project (MCYP) is updating and revising its Joint Powers Agreement (JPA). Revisions to the JPA must be reviewed and approved by current members of the agreement. This also presents the opportunity for members of the JPA to determine whether they wish to continue their membership. Discussion: Membership assures that MCYP can continue to operate as a JPA and provide a variety of options for serving the needs of high risk children, young adults, and their families. Membership includes the appointment of a representative to serve on the MCYP Board of Directors and a commitment to attend one meeting per month for approximately 90 minutes. The Community Services Supervisor currently fills the MCYP Board position on behalf of the City. Existing members of the MCYP JPA include Mendocino County Office of Education, Ukiah Unified School District, Mendocino Unified School District, Fort Bragg Unified School District, Willits Unified School District, City of Ukiah, City of Willits, Round Valley Unified School District, Potter Valley Community Unified School District, Point Arena Joint Union High School District/Arena Union Elementary District, Laytonville Unified School District and Leggett Valley School District. Each of the Recommended Action(s): 1. Approve the proposed changes to the Mendocino County Youth Project Joint Powers Agreement as presented in the Amended and Restated Joint Powers Agreement to continue membership and authorize the City Manager to negotiate and execute the final JPA agreement. 2. Consider appointment of City Representative to the MCYP Board of Directors. Alternative Council Option(s): 1. Terminate membership with the Mendocino County Youth Project Joint Powers Agreement and authorize the City Manager to execute the termination. 2. Remand to staff with direction. Citizens advised: Requested by: Prepared by: Katie Merz, Community Services Supervisor Coordinated with: Jane Chambers, City Manager, Sage Sangiacomo, Community/General Services Director Karin Wandrei, Executive Director MCYP Attachments: Draft Amended and Restated Joint Powers Agreement Approved:: Jano"ChambdOrs, City Manager agencies must now determine if they will continue their membership and therefore be named in the Amended and Restate JPA. Attachment #1 is the Draft Amended and Restated Joint Powers Agreement which was created "in 2007. Each agency is currently reviewing this material and will make a determination on their membership. The final JPA document will be crafted with the appropriate agencies and their respective representatives. MCYP provides a tremendous resource for the residents of Ukiah and staff recommends that the City continue its membership with MCYP. If Council agrees, staff requests that Council also discuss and appoint a City representative to the MCYP Board of Directors. Fiscal Impact: Budgeted FY 08109 F-1NewAppropriation ® Not Applicable Budget Amendment Required Attachment #1 page 1 of 14 AMENDED AND RESTATED JOINT POWERS AGREEMENT for OPERATION of MENDOCINO COUNTY YOUTH PROJECT THIS AMENDED AND RESTATED JOINT PO and entered into effective , 2007, by and be agencies, acting through their respective legislative bodic "PARTIES" and individually as "PARTY". NESS 'ERS AGREEMENT is made ✓een the undersigned member hereafter referred to as WHEREAS, on June 4, 1992, a joint powers agreement was made and entered into by the Mendocino Office of Education, Ukiah Unified School District, Mendocino Unified School District, Fort Bragg Unified School District, Willits Unified School District, City of Ukiah, City of Willits, Round Valley Unified School District, Potter Valley Community Unified School District, Point Arena Joint Union High School District/Arena Union Elementary District, Laytonville Unified School District, and Leggett Valley School District ("Original Joint Powers Agreement"), establishing a separate agency known as the MENDOCINO COUNTY YOUTH PROJECT, pursuant to Title 1, Division 7, Chapter 5, Article 1, commencing with section 6500 of the Government Code of the State of California, under which two or more public agencies may, by Agreement, jointly exercise any power common to the contracting Parties; WHEREAS, each of the Parties to the Original Joint Powers Agreement is a "public agency" as this term is defined in section 6500 of the Government Code of the State of California; Mendocino County Youth Project Amended and Restated Joint Powers Agreement Attachment #1 page 2 of 14 WHEREAS, the State Legislature, under Chapter 10, Part 7, Division 1, Title 1, Education Code, has authorized public authorities, including counties, cities and school districts, to organize, promote and conduct programs, and to establish centers contributing to the physical, mental or moral development of the community; WHEREAS, the goals stated in the Original Joint Powers Agreement included exercising any power that the Parties have in common to operate a Youth Services Bureau pursuant to Welfare and Institutions Code section 1900-1906, which program has since been repealed by the California legislature; WHEREAS, in light of the repeal of the Youth the programs operated by the MENDOCINO COUNT since its inception, and that the Original Joint Powers A purposes and operations of this Joint Powers Agency, it the Parties hereto and in the best public interest that the Original Joint Powers Agreement be purposes; among youth in the Administration Parties hereto find cts, that effect ices YOUTH PRO the fact that changed no longer reflect the goals, I in the mutual benefit of be revised and the the following that there are serious problems abuse, mental health issues, performance of children and youth in the United States Department of Health and Human Services nd Families suggests that the positive youth development approach helps young people to achieve their full potential and is the best way to prevent them from engaging in risky behaviors; WHEREAS, organizations that promote positive youth development give youth the chance to exercise leadership, build skills, and get involved; Mendocino County Youth Project Amended and Restated Joint Powers Agreement Attachment #1 page 3 of 14 WHEREAS, the self-confidence, trust, and practical knowledge that young people gain from these opportunities help them grow into healthy, happy, self-sufficient adults; and NOW THEREFORE, the Parties mutually gree that the Original Joint Powers Agreement is hereby amended and restated, as follows: 1. CONTINUATION OF AGENCY. Nothing in this the continued effectiveness of the agreement or operation Original Joint Powers Agreement as a public entity wholly Parties, known as Mendocino County Youth Project (herei "Proj ect") 2. PURPOSE. The purpose of this comprehensive prevention, intervention their families that affect the peri and northwest Sonoma Counties Board of Directors. This purpo conducting programs to support 3. GEOGRAPHIC AREA.' designated as the geographical e 4. CONTROL OF AGENC 4.1 this agreement. A , and and shall impair or affect :y established by the apart from the as "MCYP" or ect is to provide for children, youth and in schools in Mendocino be authorized by the >lished by organizing, promoting and of children, youth and families. northwest Sonoma counties shall be of the Project unless otherwise approved by the Board. Project shall be under the control of a Board of to as "The Board". Directors shall consist of one representative of each Party to may choose to also appoint an alternate. The representative will have one vote. Each representative or alternate will serve a two year term, with no limit on the number of terms they may serve. 4.2 The Alternate(s) will act on behalf of the agenc(ies) they represent only in the absence of the appointed representative(s). 4.3 The members of the Board shall serve without compensation. Mendocino County Youth Project Amended and Restated Joint Powers Agreement Attachment #1 page 4 of 14 5. NOTICES: The Board, by resolution, shall designate a specific location at which it will receive notices, correspondence and other communications, and shall designate one of its members, or its secretary, as an officer for the purpose of receiving service on behalf of the Project. 5.1 All notices required or given pursuant to this agreement shall be deemed properly served when deposited, postage prepaid, in the United States mail, fax, email or overnight delivery, addressed to each Party at its respective address indicated at the end of this agreement. 6. MEETINGS: The Board shall hold regular months. The date, hour and place for each such re; said Board. Special meetings shall be condi Board or on the call of a simple majority of is given prior to the convening of such special 6.1 An Annual Meeting of tl selection of officers and the conduct of 7. VOTING: in order to constit No action of the I by their affirmati` 8. OFFICER chairperson from shall preside at al. Board of Director mai for at least once every two meeting the call of the annually by i of the as long as a seven-day notice be held in July for the purpose of r business is necessary. the Board of Directors shall be required transaction of the business of the Board. jority of the membership concur therein S AND EMPLOYEES: The Board shall elect a chairperson and a vice its members upon the occasion of its Annual Meeting. The chairperson . meetings of the Board of Directors and perform such other duties as the s shall instruct. The duties of the vice -chairperson shall be the usual and customary duties of such officer. 8.1 The Board shall appoint the Executive Director of the Project, who shall act as executive and administrative officer of the Project. The Executive Director shall serve as secretary of the Board and shall perform such other and further duties, as may be determined by the Board. The Executive Director shall have charge of, handle, or have access to property of the Project. "Property of the Project" as used in this paragraph does Mendocino County Youth Project Amended and Restated Joint Powers Agreement Attachment #1 page 5 of 14 not include property of a member public entity used for Project purposes, unless that member specifically authorizes such use. 8.2 The Secretary of the Board, who shall be the Executive Director, shall cause to be kept minutes of its meetings, both regular and special, and shall promptly transmit to each of the Parties hereto, and to such other persons as the Board may determine, true and correct copies of the minutes of such meetings, which shall be primarily a reflection of the actions taken by the Board. 8.3 The Board, for the achievement of the to appoint any other officer, or officers, as it may their duties, and to fix and pay their compensatio: 8.4 The Board shall have the compensation, and to regulate the reimbursement employees of the Project. shall have the power to fix the duties, to fix and of all directors, officers and 9. SCOPE OF POWER: 9.1 The Board shall have the power and authority to exercise any power common to the Parties hereto and to exercise any power set forth in Government Code, Section 6508, provided that the same are for the furtherance of the objectives of this Agreement, as contained herein in section 2 and in the recitals set forth above. The Board may to the extent permissible enter into contracts in the Project's name with persons and with public or private agencies, boards, and other entities, all subject to the terms and 9.2 The Board shall adopt appropriate rules, not inconsistent herewith, for the orderly transaction of the business of the Project. 9.3 The manner in which the Project shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which the Mendocino County Office of Education, which is a Party to this agreement, could exercise such powers and perform such duties, and shall not be subject to any restriction applicable to the manner in which any other public agency could exercise such powers or perform such duties, whether such agency is a Party to this agreement or not. Mendocino County Youth Project Amended and Restated Joint Powers Agreement Attachment #1 page 6 of 14 9.4 The Board shall have no power or authority to incur any obligation in excess of the amount appropriated to its use by the funding sources. 9.5 The Board shall have power to purchase real property in the name of the agency upon such case or credit terms as to the board may seem appropriate. Any credit arrangement shall be limited to a purchase -money obligation for which the property shall serve as the sole security and for which neither the agency nor any member shall have any other obligation. The annual amount required to be paid on such a secured obligation shall be included in computing the limit on the board's power to incur obligations under sub- paragraph 9.4 of this agreement. 10. ADVISORY COMMITTEE: The Board, from time to time, may establish, or it may abolish, one or more advisory committees, including youth advisory committees, to perform such functions as the Board may determine. 11. FUNDS AND EXPENDITURES 11.1 There shall be strict accountability of all funds of the Project and report of all receipts and disbursements. 11.2 The Board delegates to the Executive Director the power to recommend for Board approval the appointment of the Chief Financial Officer, who will act as controller, and who will be an employee of the project. The Board will establish a relationship with a agency that will serve as a fiscal agent consistent with the requirements of 6505.5. The fiscal agent will designate an employee to serve on the selection committee for the Chief Financial Officer. The fiscal agent will develop a Memorandum of Understanding with the Project outlining the specific responsibilities of the fiscal agent and the Project. The Executive Director authorizes the controller to access all funds through the designated government agency. All funds are on deposit with the Mendocino County treasury. All fiscal activities of the Project will be in accordance with General Accepted Accounting Practices (GAAP). Mendocino County Youth Project Amended and Restated Joint Powers Agreement Attachment #1 page 7 of 14 11.3 The Executive Director shall assure an independent audit to be made by a certified public accountant, or public accountant, in compliance with Government Code Section 6505. 11.4 The Project shall receive and disburse funds for the operation of the Project and its programs, pursuant to a budget approved by the Board, and shall at all times maintain a complete and accurate system of accounting for such funds consistent with the established accounting procedures for the fiscal agent and Sections 6505, 6505.1 and 6505.5 of the Government Code. 12. CONTRIBUTIONS. The Parties may, in contributions from their treasuries; (b) make adva set forth in this Agreement on such terms of repa3 MCYP and the Party making the advance; (c) i in lieu of, or in addition to, other contributions sources of funding for the Project. 13. INVESTME money in the treasu the immediate nece in the same manner 53601 of the_Gover: become part of the I section 6509.5). ties of the MCYP, as Any : (a) make of public funds for such purposes as may be agreed to between the unel, equipment or property and (d) seek additional the power to invest any 6505.5 that is not required for of Directors determines is advisable, as local agencies pursuant to Section from such investments shall accrue to and bed in paragraph 12 above. (See Government Code 14. INSURANCE: The Board of the Project is authorized to and shall procure general comprehensive liability insurance, errors and omissions insurance for its officers, employees and Board of Directors, and other insurance by such means and in such amounts as it deems advisable to protect the Project and each of the Parties hereto, charging the cost thereof to the operating costs of the Project. 15. LIABILITY AND CONTRIBUTION. 15.1 The debts, liabilities and obligations of the Board and the Project shall not become the debts, liabilities and obligations of the Parties to this agreement unless expressly Mendocino County Youth Project Amended and Restated Joint Powers Agreement Attachment #1 page 8 of 14 consented to by a individual Party, or Parties, in which case such debts, liabilities and obligations shall be imputed to that Party, or Parties only. 15.2 In the absence of its consent, no Party to this agreement, appointing power or members of the Board, shall be bound to provide any sum of money, property, or service of any kind to the Project. The Board shall have no power or authority to bind any of the Parties to this Agreement to any debt, liability or obligation from the Party to be bound. 15.3. It is expressly agreed by the Board and all Parties to this agreement that in contemplation of Section 895.6 of the Government Code respecting the right of contribution of public entities that are parties to a joint powers agreement, upon any judgment for damages caused by a negligent or wrongful act or omission occurring in the performance of this agreement, which judgment is rendered or imposed upon any one of Parties or the Project, no Party shall be liable to make contribution beyond its equal share of the entire judgment, unless that Party shall have authorized or consented to the same by an appropriately adopted ordinance, resolution, or contract. 16. HOLD HARMLESS. The MCYP shall defend, indemnify, and hold harmless the Parties to this Agreement and their officers, agents, and employees from all liability for any loss, damage or injury to persons or property, including attorney's fees and costs, arising out of or attributable to the furnishing of services by MCYP pursuant to this agreement. 17. IMMUNITY. All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, all pension, relief, disability, worker's compensation, and other benefits which apply to the activity of officers, agents, or employees of any such public agency when performing their respective functions within the territorial limits of their respective public agencies, shall apply to them in the same degree and extent while Mendocino County Youth Project Amended and Restated Joint Powers Agreement Attachment #1 page 9 of 14 engaged in the performance of any of their functions or duties extraterritorially under the provision of Article 1 of Chapter 5, Division 7 of Title 1 of the Government Code of the State of California and as provided by law pursuant to Government Code, section 6513. 18. ADDITION AND WITHDRAWAL OF MEMBERS. Additional eligible entities may, from time to time, become Party to this agreement upon authorization by their legislative or other governing bodies and the approval Upon ninety (90) days written notice to all other withdraw from its status as a Party to this not terminate this agreement as to the 19. OF A until terminated by a majority vote this .'the Board of Directors. the Board, any Party may ithdrawal by any Party shall ment shall remain in effect 20. DISPOSITION OF PROPERTY UPON TERMINATION: Upon the termination of this Agreement, that property acquired by the MCYP as a.result of this exercise of joint powers shall be disposed as follows: (a)If the MCYP shall be continued beyond the life of this Agreement, it shall retain title to all property held by the MCYP pursuant to this Agreement. (b) If the MCYP shall be succeeded by a new and separate entity or public agency deemed by the MCYP board of Directors to be a "successor agency or entity," that agency or entity shall receive title to all property held by MCYP pursuant to this Agreement. (c) If MCYP shall not be continued beyond the life of this Agreement, and if there shall be no "successor agency or entity," the Board of Directors of MCYP shall determine in what proportion property held by the MCYP shall be divided among the Parties to this Agreement or whether such property shall be sold and the proceeds disposed of in those proportions. Mendocino County Youth Project Amended and Restated Joint Powers Agreement Attachment #1 page 10 of 14 21. SURPLUS MONEY UPON TERMINATION. Upon termination of this Agreement, any money obtained by MCYP from any of the Parties hereto for the purpose of carrying out the objective of this Agreement herein stated, which is in the possession of MCYP after payment of all costs, expenses, and charges validly incurred under this Agreement, shall be returned to the Parties in proportion to their contribution determined as of the time of termination. In the case of those monies received by way of grant or any other such means of financial assistance, the Board of Directors of MCYP shall determine in what proportion funds held by the MCYP at the date of its termination shall be divided among the Parties to this Agreement. 22. AMENDMENTS: This Agreement may be amended at any time by the affirmative vote of two-thirds of the Parties hereto. 22.1 The Project shall prepare and file a notice of amendment of this agreement with the Secretary of State in accordance with Government Code Section 6503.5. 23. SEVERABILITY: Should any portion, term, condition, or provision of this AGREEMENT be decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California or to be otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions and provisions shall not be affective thereby. 24. DUPLICATE ORIGINALS. This Agreement can be executed in one or more duplicate originals, each bearing the original signatures of the Parties, and when so executed, each duplicate original shall be deemed an original of the Agreement admissible in court as evidence of the terms of Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written. MENDOCINO COUNTY OFFICE OF EDUCATION 2240 Old River Road Ukiah, California 95482 By Mendocino County Youth Project Amended and Restated Joint Powers Agreement ATTEST: By ATTEST: By ATTEST: By ATTEST: By Attachment #1 page 11 of 14 Paul Tichinin, Superintendent UKIAH UNIFIED SCHOOL DISTRICT 925 North State Street Ukiah, California 95482 By Lois Nash, PhD, Superintendent 0 SCHOOL DISTRICT , Superintendent FORT BRAGG UNIFIED SCHOOL DISTRICT 312 South Lincoln Street Fort Bragg, California 95437 By Stephen Lund, Superintendent WILLITS UNIFIED SCHOOL DISTRICT Mendocino County Youth Project Amended and Restated Joint Powers Agreement Attachment #1 page 12 of 14 120 Pearl Street Willits, California 95490 By Debra Kubin, Superintendent ATTEST: By CITY OF UKIAH 300 Seminary Avenue Ukiah, California 95482 By Mari Rodin, Mayor ATTEST: By ATTEST: By 11 East Commercial Street Jillits. California 95490 'ami Jorgensen, Mayor :OUND VALLEY UNIFIED SCHOOL DISTRICT '. O. BOX 276 Covelo, California 95428 By Dennis Ivey, Acting Superintendent Mendocino County Youth Project Amended and Restated Joint Powers Agreement ATTEST: By ATTEST: By ATTEST: By Attachment #1 page 13 of 14 POTTER VALLEY COMMUNITY UNIFIED SCHOOL DISTRICT P. O. Box 219 Potter Valley, California 95469 By Gary Barr, Superintendent POINT ARENA JOINT UNION HIGH SCHOOL DISTRICT/ARENA UNION ELEMENTARY DISTRICT P. O. Box 87 Point Arena, California 95468 ,S LAYTONVILLE UNIFIED SCHOOL DISTRICT P. O. Box 868 Laytonville, California 954554 By John Markatos, Superintendent LEGGETT VALLEY SCHOOL DISTRICT P. O. Box 186 Leggett, California 95455 Mendocino County Youth Project Amended and Restated Joint Powers Agreement ATTEST: 82270( DRAFT Attachment #1 page 14 of 14 Gordon Piffero, Superintendent Mendocino County Youth Project Amended and Restated Joint Powers Agreement ITEM NO.: MEETING DATE: June 3. 11' AGENDA SUMMARY REPORT SUBJECT: CONSIDERATION AND AWARD OF BID FOR TREE REMOVAL SERVICE AT TODD GROVE PARK FROM EMPIRE TREE EXPERTS IN THE AMOUNTOF 11 I1 TO REMOVE •,TREES AND ONE PINE TREE. Background: The Community Services Department takes the removal of any tree very seriously. Every option is considered when a large and/or heritage tree is at risk and the tree in question is evaluated by a professional arborist before any action is taken. Over the course of the last six months, the status of five trees in Todd Grove Park has become an issue. There are four fir trees located behind the swimming pools that are posing a significant hazard to public safety. Additionally there is one deceased Pine tree located by the concert stage on the North Side of the park. As part of the evaluation process for these trees the Community Services Department also met with representatives from Mendocino ReLeaf to discuss and review the status of these trees. Discussion: John Phillips is the arborist the City retained to evaluate the four fir trees in Todd Grove Park. Evaluation services were not required for the pine tree because it is entirely dead with extensive decay visible. Mr. Phillips evaluation can be referred to in Attachment #1, however the main points are as follows. Mr. Phillips recommends that we treat the four trees as a group (if the two northerly trees are removed due to existing hazards, then all four should be removed). All four trees are showing decline - even though only two show significant hazards at this time. The four trees have developed together and the crown formation and structural integrity of the two southerly trees were developed as part of a stand of four trees. Therefore, if two are removed and the two southerly trees are allowed to remain, the remaining would be subject to increased winds through Low Gap and the potential to be an increased hazard, especially given their lean. Mr. Phillips concludes that our best option is to remove all four fir trees at this stage in their lifespan and decline. Mendocino ReLeaf has indicated an understanding of the City's position regarding safety and risk. Some individuals within Mendocino ReLeaf have provided alternative options for attempting to save the two Recommended Action(s): Consider and award the purchase of tree removal services for five trees at Todd Grove Park from Empire Tree Experts in the amount of $4,300.00. Alternative Council Option(s): Do not award the purchase of tree removal services and remand to staff with direction. Citizens advised: Mendocino ReLeaf Requested by: Sage Sangiacomo, Director of Community Services and Tom Hamblet, Parks/Golf Supervisor Prepared by: Maya Simerson, C.S. Department Coordinated with: Mary Horger, Purchasing Supervisor and Katie Merz, C.S. Supervisor Attachments: 1. Tree Evaluation Report 2. Bid Tabulation Matrix Approved: ,1 C fl, Jang Cham ers, City Manager southerly trees. Their proposed method for saving the two trees would consist of mulching and composting around the trees and the re-evaluation of there status in one year. While the Community Services Department appreciates and gives merit to their suggestions there is an ultimate issue of health and safety. The trees are located between the Ukiah Municipal Swimming Pools and the Todd Grove Playground. In this high use area, staff believes the safest course of action is to follow the advice of the arborist and remove all four of the trees. If the decision is supported by Council, staff will consult with Mendocino ReLeaf to coordinate a replanting plan for the area. A Request for Bid for the removal of five trees was released with a date of May 22, 2009. Seven responses were received with the low bid being submitted by Empire Tree Experts in the amount of $4,300.00. Qualifications and references were checked by Mary Horger, Purchasing Supervisor. A complete bid results tabulation can be found in Attachment #2. Fiscal Impact: ® Budgeted FY 08109 F-1 New Appropriation F-1 Not Applicable 1-1 Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested $4,300.00 Parks Department 100.6001.250.000 October 12, 2008 Tom Bramblett City of Ukiah 300 Seminary Dr. Ukiah, Ca. 95482 Dear Tom, F-IRM03Lei i At your request, I have inspected four fir trees at Todd Grove Park. Following are my observations and recommendations. The trees are those in the middle of the Park adjacent to the solar panels. I am listing them here, beginning at the northwest end. 1— This one has the obvious double top. Both tops curve out from center, with one over the solar panels and one toward the turf area. Connecting these two tops is a bark -included crotch. Below this attachment point are at least two large, old pruning cuts that have obvious decay in the wood tissues. There is a history of limb breakage in this tree. 2 — This is the next tree in line, moving southward. It has some large dead limbs. There is evidence of a long vertical crack; it can be seen as slight bulging along the trunk. There are pitch streams (sap leaking out of trunk) that may also be an outward sign of this crack. These streams may also be a sign of flathead borer activity. 3 — This tree and the next one are situated at the southern end of the row and are slightly perpendicular to it. This is the one closest to the solar panels. It leans to the southeast. There is a conk (fruiting body of a decay fungus) about 20 ft. up the trunk. 4 — This tree also leans to the southeast. There is a large amount of bark loss on the underside of at least two low limbs. There is also a pitch stream on the trunk. The defects in trees 1 and 2 present hazard problems. If they are removed, then trees 3 and 4 are more exposed to the wind. Since they both lean, this exposure could be enough to cause them to uproot or break in the lower trunk. It would be prudent to treat these trees as a group and not leave any of them standing, should the decision be made to cut one or more down. Please don't hesitate to contact me should you have further need. Thank you for this opportunity to be of service. 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