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HomeMy WebLinkAbout2009-12-02 Packeti ' • None. RRHYN-16 m -1 Regular• COUNCILCIVIC CENTER - !1 Seminary Avenue ' 95482 D. • 11 6:00 • 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. Update Report Regarding Status Of Water Emergency Conditions Necessitating Emergency Resolution To Expedite Construction Of Oak Manor Drive Water Well b. Award Purchase Of 18 Schneider Electric IMA Modules For Surge Protection To Maltby Electric Supply Co, Inc, For The Amount Of $8808.75 C. Notification Of The Procurement Of Services From ZSI Inc. For Programming, Installation, And Testing Of SCADA Software At The Water Treatment Plant For An Amount Not To Exceed Of $7,500.00 d. Approval Of Notice Of Completion For Oak Manor Drive Well, Specification No. 09-09 e. Approval Of Notice Of Completion For Gobbi Street Well Construction Specification No. 09-10 f. Report To Council Summarizing Purchases In The Amount Of $5,000 But Less Than $10,000 Pursuant ToThe Ukiah Municipal Code Section 1522 For 1) Noise Study, 2) Electromotive Force Study, 3) Professional Services To Automate The Hydro Electric Plant, And 4) Pole Replacement Materials g. Approve Airport Storm Drain Rehabilitation Change Order # 2 h. 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. Adopt Resolution Approving Addendums to Police, Fire and Fire Management Labor Agreements b. Adopt Plans And Specifications No. 09-17 For The Construction Of The Oak Manor Drive Wellhead And Pumphouse And Approve Advertisement For Bids C. Authorize The City Manager To Negotiate And Sign A Sole Source Agreement For Engineering Consultant Services With Balance Hydrologics To Complete Phase 2 Of The Hydrogeologic Study Of The Percolation Ponds At The Water Reclamation Facility For A Not To Exceed Cost Of $50,000 d. Report To Council Regarding Status of Services for Management Analyst Assistance 11. NEW BUSINESS a. Selection Of Consultant To Prepare Environmental Impact Report For The Walmart Expansion Project, Approval Of Draft Professional Services Contract, And Approval Of Budget Amendment b. Appointment of New Mayor and Vice Mayor C. Consider Appointments To The Paths, Open Space, And -Creeks Commission (POSC) And Resolution Naming The Appointments. d. Authorize The City Manager To Negotiate And Execute A Contract With SHN Consulting Engineers And Geologists, Inc For Professional Construction Management And Inspection Services For The Development Of The Ukiah Skate Park, The Renovation Of Anton Stadium And The Repair Of The Ukiah Civic Center. 14. CLOSED SESSION — Closed Session may be held at any time during the meeting a. Conference with Labor Negotiators (§54956.8) Agency Representative: Jane Chambers, City Manager Employee Organizations: Department Head Unit, Management Unit, Miscellaneous Unit, Electric Unit, Police Unit, Fire Units b. Conference with Legal Counsel — Anticipated Litigation Government Code Section 54956.9(b)(1) — Significant exposure to litigation (1 case) C. Conference with Real Property Negotiators (§54956.8); Property: APN 002-255-02, 022-255-03, 001-181-05 and 001-050-11 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Ukiah Unified School Dist Under Negotiation: Price & Terms d. Conference with Real Property Negotiators (§54956.8) Property: APN 178-130-01, 178-210-01 Agency Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Solid Waste Systems, Inc. Under Negotiation: Price & Terms 15. ADJOURNMENT 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 25th day of November, 2009. JoAnne Currie, City Clerk 1111111112 .ITEM NO.: PPM1 MEETING DA City oJ-'Z-1k-iah AGENDA SUMMARY REPORT 7a December 2, 2009 SUBJECT: UPDATE REPORT REGARDING STATUS OF WATER EMERGENCY CONDITIONS NECESSITATING EMERGENCY RESOLUTION TO EXPEDITE CONSTRUCTION OF 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. HDR Engineering has submitted the final plans and specifications for the pump house. Staff expects to bid the project in December and start construction no later than January. Completion is scheduled by May 2010. 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: Jae°Chambers, City Manager ITEM NO.. 7b VTAA-ff► I_ city AJ- Ukiah December 2, 2009 SUBJECT: AWARD PURCHASE OF 18 SCHNEIDER ELECTRIC IMA MODULES FOR SURGE PROTECTION TO MALTBY ELECTRIC SUPPLY CO, INC, FOR THE AMOUNT OF $8808.75. Background: Submitted for the City Council's consideration and action is Staff's recommendation for the purchase of eighteen (18) Schneider Electric IMA surge protection modules from Maltby Electric Supply Co, Inc, for the amount of $8808.75. These units are to replace those damaged in a power outage in early October. REMIF is in the process of investigating the cause of the equipment failure, and will resolve if the City can be reimbursed for this cost. An earlier ASR addressed the purchase of ten of these units, however, upon further investigation, damage to this system was more extensive than thought at that time. Discussion: Bids were solicited from three suppliers with responses received from all three. Maltby Electric Supply was the low bidder at the total bid amount of $8808.75 Fiscal Impact: Budgeted FY 08/09 New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $8808.75 Elect. Equip. Maint & Repair 612-3580-302-004 none Recommended Action(s): Award bid to Maltby Electric Supply Co, Inc, for the purchase of eighteen (18) Schneider Electric IMA Modules for surge protection in the amount of $8808.75. Alternative Council Option(s): Reject all bids and provide further direction to Staff. Citizens advised: N/A Requested by: N/A Prepared by: Andrew T. Luke, WWTP Supervisor Coordinated with: Jarod Thiele, Purchasing Technician Attachments: Bid Tabulation Approved: `�=t Ja�6Chambers, City Manager C) 00 00 C) LO m 0r O) M C) C) C) OO C) CN q- cli LO LO 0) I-- C) C) 00 a) ce) (Y) CD N E C) 0 LU rl- cu (D CU 00 00 (D U) ci CO U) C) C) C) C) 0 C� C� (D C, LOC) Lq OO 0 C) (D (D 0 C.) CD CO 0') 00 a) LO CD N E C) 0 -0 cu rl- 00 (D CU 00 00 (D U) in CN 'IT C=) co LU ATTACHMEW. �l CD 0 0 C) LO LO O O Cl C, I,- rl- C.) CD C) CD CD 00 00 .r LO CD CD C) C) 0 114- rl- 00 (D 00 00 00 W E %U 5; a- in CN 'IT C=) co LU ATTACHMEW. �l ITEM NO.. 7c AN AN I T rel O City oJ- Ukzafi December 2,2009 SUBJECT: NOTIFICATION OF THE PROCUREMENT OF SERVICES FROM ZSI INC. FOR PROGRAMMING, INSTALLATION, AND TESTING OF SCADA SOFTWARE AT THE WATER TREATMENT PLANT FOR AN AMOUNT NOT TO EXCEED OF $7,500.00 Background: ZSI Inc. has been doing the emergency repairs for the City of Ukiah, Water Treatment Plant (WTP) since 2006 and is familiar with our current program. This firm understands the problems with the current programming with respect to the start, stop, and modulation of the High Service Pump Station (HSPS) as well as the start and stop of the water treatment plant and how they interact with each other. Discussion: There are problems with the, Supervisory Control and Data Acquisition system (SCADA) at the WTP that need to be corrected. The current SCADA system programming does not allow the water reservoirs to be filled to capacity. This causes the Water Treatment Plant to cycle more frequently and creates problems for the operators. There are also programming problems that affect the operation of the pumps in the HSPS. These problems make it difficult to adjust flows for seasonal demands and increases operator overtime for callouts. ZSI will correct the control issues at the WTP and HSPS through programming and software changes in the WTP SCADA system. Fiscal Impact: Budgeted FY 09/10 New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $ 20,000.00 Water Fund - #820 820.3908.250.007 $0 Recommended Action(s): Receive notification of the expenditure of "not -to -exceed" $7,500.00 to ZSI Inc. for the programming, installation, and testing of the SCADA software at the Water Treatment Plant. Alternative Council Option(s): NA Citizens advised: Requested by: Tim Eriksen, Director of Public Works / City Engineer Prepared by: Alan Jamison, Water Treatment Plant Supervisor Coordinated with: Jane Chambers, City Manager Attachments: 0 Approved: 4--J" _ Jan' 1 hambers, City Manager ITE NO.. 7d FETING DATE: December 2, 2009 City C.,f-,Zjk-iafi AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF NOTICE OF COMPLETION FOR OAK MANOR DRIVE WELL, SPECIFICATION NO. 09-09 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. The need to expedite the well drilling was due to an anticipated water shortage from the drought and possible equipment failures or water supply problems. The City Council awarded a contract for the Gobbi Street Water Well on March 18, 2009 to Zim Industries, Fresno, CA (contractor) in the amount of $250,960 for construction of the well. Discussion: This "Notice of Completion" is only for the well itself, not the construction of a pump house, the pipeline to connect the well to the water main or the installation of the pump and motor, electrical controls or monitoring and disinfection systems. The construction of the well consisted of drilling an 18 -inch test hole and the 30 -inch borehole, installation of the 16 -inch casing, installing a gravel pack around the casing, cleaning the well, test pumping, pump testing, water quality tests and disinfection. The water quality tests met or exceeded California Department of Public Health standards. The results of the pump testing indicate a well capacity of 800 to 1,000 gallons per minute. The work of this contract was completed by Zim Industries in substantial conformance with the approved specifications on July 15, 2009. The final contract cost, based on actual quantities constructed and change orders were $269,140. Final payment of the retention will be made to the contractor 35 days from the date the Notice of Completion is filed with the County Recorder. Fiscal Impact: H Budgeted FY 09/10 F-1New Appropriation ®Budget Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested Recommended Action(s): 1. Accept the work as complete; 2. Direct the City Clerk to file the Notice of Completion with the County Recorder for Oak Manor Drive Well, Specification No. 09-09. Alternative Council Option(s): N/A Citizens advised: Requested by: Tim Eriksen, Director of Public Works / City Engineer Prepared by: Ann Burck, Deputy Director of Public Works — Water & Sewer Division Coordinated with: Jane Chambers, City Manager Attachments: 1. Notice of Completion Approved: au UU-1 Ja�li Chambers, City Manager Please return to: CITY OF UKIAH 300 Seminary Avenue Ukiah, California 95482-5400 (707) 463-6200 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN: That the real property described is owned by the following whose address is: City of Ukiah, a Municipal Corporation, 300 Seminary Avenue, Ukiah, California 95482-5400 2. That the nature of the title to the Oak Manor Drive Water Well Specification No. 09-09 of all said owners is that of fee simple. 3. That on the 7th day of September 2009, the Contract work for this project was actually completed. 4. That the name and address of the Contractor is Zim Industries 4545 E. Lincoln Fresno California 93725. That the real property herein referred to is situated in the County of Mendocino, State of California, and is described as follows: City -owned property identified as an area at Oak Manor Park adjacent to the eastern side of the tennis court within the City of Ukiah. I hereby certify under penalty of perjury that the forgoing is true and correct: City Council Approval CITY OF UKIAH, a Municipal Corporation By: Date JoAnne Currie, City Clerk Date State of California County of Mendocino ITE NO.: 7e MEETING DATE: December 2, 2009 City aJ-'Za fafi AGENDA SUMMARY REPORT SUBJECT: APPROVAL OF NOTICE OF COMPLETION FOR GOBBI STREET WELL CONSTRUCTION SPECIFICATION NO. 09-10 Background: On March 4, 2009, at a regular meeting of the Ukiah City Council, an emergency resolution was adopted to expedite the construction of water well. The need to expedite the well construction was an anticipated water shortage from the drought and possible equipment failures or water supply limitations. The City Council awarded a contract for the Gobbi Street Water Well Construction on May 7, 2009 to KG Walters Construction in the amount of $ 332,517. Discussion: The work of the contract was completed by the contractor in substantial conformance with the approved specifications on November 10, 2009. The final contract cost, based on actual quantities constructed and approved change orders was $ 375,938.84. Final payment of the retention will be made to the contractor after 35 days from the date the Notice of Completion is filed with the County Recorder. The work consisted of connection of well to water main, construction of pump base and pump house, installation of motor control center, installation of pump and motor, electrical and plumbing connections, installation of monitors and recorders and disinfection system. Fiscal Impact: ❑ Budgeted FY 09/10 7 New Appropriation ® Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested Recommended Action(s): 1. Accept the work as complete; 2. Direct the City Clerk to file the Notice of Completion with the County Recorder for Gobbi Street Well Construction, Specification No. 09-10. Alternative Council Option(s): N/A Citizens advised: Requested by: Tim Eriksen, Director of Public Works / City Engineer Prepared by: Ann Burck, Deputy Director of Public Works — Water & Sewer Division Coordinated with: Jane Chambers, City Manager Attachments: 1. Notice of Completion Approved: Ja� Chambers, City Manager Please return to: CITY OF UKIAH 300 Seminary Avenue Ukiah, California 95482-5400 (707) 463-6200 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN: 1. That the real property described is owned by the following whose address is: City of Ukiah, a Municipal Corporation, 300 Seminary Avenue, Ukiah, California 95482-5400 2. That the nature of the title to the Gobbi Street Water Well Construction Specification No. 09-10 of all said owners is that of fee simple. 3. That on the 10th day of November 2009, the Contract work for this project was actually completed. 4. That the name and address of the Contractor is KG Walters Construction P.O. Box 4359 Santa Rosa California 95402. 5. That the real property herein referred to is situated in the County of Mendocino, State of California, and is described as follows: City -owned property identified as the parcel at the southwest corner of Orchard Avenue and Gobbi Street within the City of Ukiah. I hereby certify under penalty of perjury that the forgoing is true and correct: City Council Approval CITY OF UKIAH, a Municipal Corporation 0 Date JoAnne Currie, City Clerk Date State of California County of Mendocino ITEM NO.. 7f MEETING DATE: December 2, 2009 city al-�ukiafi AGENDA SUMMARY REPORT SUBJECT: REPORT TO COUNCIL SUMMARIZING PURCHASES IN THE AMOUNT OF iii 000 PURSUANT TO THE UKIAH MUNICIPAL CODE SECTION 1522 FOR 1) NOISE STUDY, 2) ELECTROMOTIVE FORCE STUDY, 3) PROFESSIONAL • AUTOMATE THE HYDRO ELECTRIC PLANT. AND 4) POLE REPLACEMENT ` , Discussion: The City of Ukiah Municipal Code requires purchases in the amount of $5,000.00 but less than $10,000 to be reported to the city council. The following listed items summarize these purchases for the Electric Utility Department capital projects. The purchase in the amount of $6,450.00 from LACO Associates for a Noise Study which included the projected effects of the Gobbi substation project. • The City's Planning Department during the CEQA evaluation process judged this study as necessary for the Gobbi Substation Project. • LACO Associates were selected based on project knowledge, experience and being the contractor for the CEQA evaluation, ensuring pertinent data was collected for the study. 2. The purchase in the amount of $8,200.00 from RW Beck for an electromotive force (EMF) Study. • The City's Planning Department during the CEQA evaluation process judged this study as necessary for the Gobbi Substation Project. • RW Beck is providing the engineering services including the transmission/distribution buss configuration design for the Gobbi substation project. The EMF study is directly related to the design layout and energy flow. RW Beck's design knowledge was a major consideration of this purchase. 3. The purchase in the amount of $9,931.90 to Source California Inc. for professional services related to the plant control and associated documentation necessary to automate the Hydro Electric plant's operation. Source California was selected due to their extensive system experience and knowledge associated with the original plant design, construction and implementation of the current control system. Continued on Page 2 Recommended Action(s): NO ACTION NEEDED - REPORT TO COUNCIL ONLY Alternative Council Option(s): None Needed Citizens advised: N/A Requested by: Mary Horger, Purchasing Supervisor and Mel Grandi, Electric Utility Director Prepared by: Mary Parker, Purchasing Assistant Coordinated Jane Chambers, City Manager with: Attachments: NIA Approved: Jane)lhambers, City Manager Subject: Report to Council of Purchases Made Meeting Date: December 2, 2009 Page 2 of 2 4. The purchase in the amount of $5,850.21 to HD Supply Utilities Ltd., Portland, OR for the purchase of additional materials needed for the Pole Replacement Project. ® Staff requested bids from a total of four companies, HD Supply Portland was the lowest bidder and was awarded the order. Bids were obtained using email, fax and phone during the process. Fiscal Impact: Budgeted FY 09/10 New Appropriation Amount Budgeted Source of Funds (title and #) Item #1 and #2 $ 200,000.00 Item #3 $50,000.00 Item #4 $270,000.00 Dist. Station Equipment Lake Mendocino Hydro Not Applicable 1-1 Budget Amendment Required Account Number Addit. Appropriation Requested 800.3642.800.000 800.5536.250.000 Dist. Overhead Maintenance 800.3728.800.000 ITEM NO.: 7g MEETING DATE: December 2, 2009 City cif-'Zaki(zfi SUBJECT: APPROVE AIRPORT STORM DRAIN REHABILITATION CHANGE ORDER # 2 Summary: Contractor has requested a change order: Storm Drain Lines E and F require excavation and installation of galvanized CMP. Fiscal Impact: Total Change order to date: Change order #1 $37,900 Change order #2 $12,000 Change order #3 $26,940 The original Contract sum was $ 427,734 Total cost with all change orders is $ 504,574 The grant has sufficient funds to pay for this change order. This change order is over the 10% limit for change orders and requires Council approval. Budgeted FY 09/10 F] New Appropriation F Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested $553,333 FAA 3-06-0268-11 315-7866-000 Recommended Action(s): Approve Strom Drain Rehabilitation Change order # 2 Alternative Council Option(s): Provide Staff with other direction. Citizens advised: n/a Requested by: Greg Owen, Airport Manager Prepared by: Greg Owen, Airport Manager Coordinated with: Jane Chambers, City Manager Attachments: Change orders 1, 2 and 3 Approved: �- �--- _ Ja Chambers, City Manager Mr,Kirnev,Ho,n and 4,ccialci, Inc. CHANGE ORDER NO 1 CONTRAC I' NO: ........... CONTRACT R4r Rich '.14t:lcalfic Utah Rogional Anpin'1 Ashf.inPacific Construction Inc. Co oflJkiaht CA 1390 N. McDox5vell Blvd.. Ste. G, P.NLB 1 l 7 Storm Drain Rehabilitation Froject Petaluma. CA 94954 AIP 3-08-0269-11 Tln; Comratt is chart@.cd ay fitllotvt. t:'ontracitn st,ali prov;dC aft EabOr, marcrials, utltiipmenl. ,t:rvrces. transportation. utilities. and facilities to Ixrform all of the following Changes; t. Replace the last 50 LF of stone drain Linc B with galvanized CMP. CMP c.\cavation and backfill shall be per detail 5 on sheet I I (add $I0..500.01)) .. vlan-entr}to push excess material into the voids of storm drain Line C and grout void to bring up to invcr( elevation prior w CIPP lining (add $5.7110.00) A spot repair will be made at the transitions of the RCP/CMP of storm drain Linc D so that a 4" flex hose is hose clamped to a rod and vacuum and path can be created. Also groul void to bring up to invert elevation prior to CIPP lining. (add S 11200.00) 4, Man-etttrs to push excess material into the voids of stonn drain Linc C and grout void to bring tip to invert elevation prior to CIPP lining. (acid S3.900-00) S. Man -entre to push excess material into the voids of storm drain Linc P and grout void to bring up to invert elevation prior to CIPP lining. (add $3.600.00) I'lle scope ofwork under this change shall inchide. but not he Innitcd to: -Mobilization -Removal and disposal of existing pipe where pipe is being replaced -Clearing and grubbing as neco sarr to replace and remove pipe. where: required -Dust Control All roiluiremertts, provisions: conditions and specifications from the original contract documents shall app11 that have not been supes'saicd by this change order. Net change is S371400.0f). This Change Order shall constitute a final sclthment of all matters relating to the change in the work that is the subiect of the Change Order, including but not limited to all direct or indirect costs associated with such change, all dela) and disruption costs, an- impact such change mai have oil unchanged work, and any and all adjustments to the. Contract Sum or the Contract Timc. This Change Order supersedes all prior I my vatitms stated or intpliedi Swint I.)q:unRe.1inhinaliun ix.ticrdfI UKiailiRegn alAirtr;rrt }`.tge i of t AT Pru 3-08-0269-1 ATT Krriley-Horn and Associates, Inc. CHANGE ORDER NO 2 C'ONTRAC"1• NO: CONTRACT DATE:_,._.., lbir_ inch Metcalfe II Ukiah ReWonal Airport i AshLin Pacific Construction Inc. f City of Ukiah, CA 13g0 N. McDot ll Blvd.. Ste. G, P.M.B 117 Storm Drain Rehabilitation Project Petaluma. CA �Jatli l ALP .i-OR-i)2fiR-1 i The Contract is changed as follows. Contractor shalt provide all labor, materials, equipment, services, transportation, utilities, and facilities to perform all of the follow ng changes. 1. Replace the last 20 LF of stonn drain line E with galvanized CNtP. CMP excavation and backfill shall be per detail 5 on sheet 11. (add $b,i)t)q.OU) 2. Replace the last 25 LF of stonn drain line F with galvani2ed CMP. CMP excavation and backfill shall be per detail i on sheet 11. (add $6.000 00) Thu scope of work under this change shall include_ but not be limited to' -Mobilization -Removal and disposal of existing pipe -Clearing and grubbing as neccssan to replace and remove pipe where r faired -Dust Control All requirements, provisions, conditions and specifications from the original contract documents shall appt} that have not been superseded bN this change; order. Net change is $1 Z,000•00. This Change OrcLi shall constitute a final settlement of all matters relating to the change in the work that is the suhject of the Change Order, including but not limited to all direct or indirect costs associated with such change, all dela} and disruption costs. anv impact such change ma) have on unchanged work, and anA and all adjustments to the Contract Sum or the Contract'Time. This Change Order supersedes all prior reservations stated or implied. tilorni Drain kehahiiilahwn _--- Chan 0,. du 12 lx: ah Removal Airport P.rpc I of ! rill' No, ?-iIK-fIL:yK-11 ,qsAfin Pace c Construction, A" c. General Engineering license 904959 1390 N. McDowell Blvd., Ste. G, P.M.B, 117, Petaluma, CA 94954 Ph. 707.795-2860 — Fax 707-795-0137 November 12, 2009 Kimley-Horn and Associates, Inc. 765 The City Drive Suite 400 Orange, CA 92868 ATTN: Michelle McCoy RE: Ukiah Airport Storm Drain Rehabilitation Project, Phase 1 Cil. /�►Ll�[� ; i The following is the dollar amount of the remedies recommended by AShLin Pacific Construction, Inc. Line B: -An additional 40 LF will have to be replaced with Galvanized CMP with no bituminous coating at no charge. $0,00 Line C: AshLin Pacific Construction, Inc. will have to excavate, cut out and remove the existing CMP, install and tie-in a new section of CMP, backfill. compact and pave the excavation bole for both collapsed section of pipe at 94' and 124' prior to lining. $20,000.00 Line D; At the transitions of the RCP/CMP a spot repair will be made so the existing 12" CMP pipe (approximately 200 LF) can be slip lined with 10" SDR -17 HDPE fusion welded pipe- $21,500.00 Line F; The section of line F that turned out to be 18" between DI's not shown On the plans, will require excavation and backfilling to be able to line the 18" CMP. AshLin Pacific Construction, Inc. proposes to complete this work and be paid for this section as 24" lined pipe. $0.00 The City of Ukiah will receive a credit of $1,560.00 for work that was not completed on Change Order #1. 41,560.00 The total dollar amount for change order 93; $39,940.00 The City of Ukiah will not have to pay for 200 LF on bid item #5: Line existing 12" CMP which comes to the amount of $13,000.00. Thank you, Rich Metcalfe AshLin Pacific Construction, Inc. ITEM N MEETING D. SUMMARYCity qj-1Z1kiah AGENDA RE-OR] 7h 12/02/2009 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 implemented a series of water conservation and education measures. In addition, the City has a full time staff position dedicated to implementing these measures. On June 17, 2009, the City Council adopted the mandatory water conservation measures. 1. Use through any meter when the City has notified the customer in writing to repair a broken or defective plumbing, sprinkler, watering or irrigation system and the customer has failed to effect such repairs within five days; 2. Use of water which results in flooding or runoff in gutters or; 3. Use of water through a hose for washing cars, buses, boats, trailers or other vehicles in the public right of way or any other location that creates runoff in gutter or streets; Continued on page 2 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: Ann Burck, Deputy Director of Public Works, Water and Sewer Division, Lauren McPhaul, Water/Sewer Program Coordinator Attachments: Attachment 1 — Resolution Attachment 2 — Letter to SCWA Approved:— J ` e Chambers, City Manager Page 2 4. Use of water through a hose for washing buildings, structures, sidewalks, walkways, driveways, patios, parking lots, tennis courts, or other hard -surfaced areas that creates runoff in gutter or streets; 5. Service of water by any restaurant except upon the request of a patron; 6. Use of water to flush hydrants, except where required for public health or safety. 7. Use for more than minimal landscaping in connection with new construction. Water demand has decreased by 20.8% from the 2008 quantities and 19.0% as compared to the 2004 quantities. Staff assumes that this is as a result of our conservation efforts. This will affect our revenues and staff is working on solutions for this issue as we analyze the fee study that is currently being prepared by an outside consulting firm. Developments from the SWRCB On May 28, 2009, the State Water Resources Control Board (SWRCB) issued an amendment to Order WR 2009-0027-DWR, Order WR 2009 -0034 -EXEC. The amended order conditionally approves Sonoma County Water Agency's (SCWA) petition to reduce the flow in the Russian River from July 6 through October 2, 2009 to 25 cubic feet per second (cfs) for the upper Russian River and 35 cfs for the lower Russian River if during the period from April 1 through June 30 total inflow to Lake Mendocino is less than or equal to 25,000 acre- feet. The amended order confirms a water conservation goal for Mendocino County of 50% (compared to 2004) from April 6, 2009 until the expiration of this order (October 2, 2009), "By May 6, 2009, SCWA shall submit a plan to the State Water Resources Control Board to obtain the cooperation and participation of agricultural and municipal Russian River water user 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). The amended order modified the original order issued on April 6, 2009. From July 6) through October 2, 2009, minimum in stream flow shall remain at or above 25 cfs, if Lake Mendocino storage is less than 65,630 acre feet on July 1, 2009 (instead of total inflow to Lake Mendocino less than or equal to 25,000 acre-feet). On October 27, 2009 the County of Mendocino Water Agency discussed the current water storage situation in the Ukiah Valley. The discussion led to the consideration of repealing the County emergency order for all water purveyors to limit water usage by 50%. The Agency was not comfortable with the language in the repealing order as prepared by staff and requested staff to bring the order back for adoption at the next regularly scheduled meeting. On November 3, 2009 the County of Mendocino retracted the 50% conservation requirement. However, the Board of Supervisors recommended that each water district strive to achieve 25% conservation on a voluntary basis. The City of Ukiah in the coming weeks must consider how to address this voluntary request by the County of Mendocino. ATTACHMENT__ _ RESOLUTION NO. it` WATERRESOLUTION OF THE CITY COUNCIL OF THE CITY OF PURSUANT TO THE EMERGENCY SERVICES ACT AND EMERGENCY UNDER• t OF rE UICIAH CITY CODE WHEREAS, 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 — June 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 Apra is 84,448 acre feet, the Lake storage in April 2007 was 66,617 acre feet and the average Lake 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 StiVRCB 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 §5550 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 I3. 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 Iocal 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 local emergency, the City Council must review the state of the emergency not less than every 21 days atter 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 I, Article 11 of the Uldah 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 Labe Mendocino; and 19. Stage H and III 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 K 20. The City can declare a Stage H or Stage H 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 Uldah hereby: 1. Declares a local emergency due to dr6ught under the Emergency Service Act. 2. Declares a Stage I Water Storage Emergency under Uldah 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 Period', and to report back 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 H 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 II 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; c. 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 ATTEq Lid —b;Xro]6p,dity Clerk 3 April 28, 2009 0 Lynn Florey Sonoma County Water Agency Principal Program Specialist P.O. Box 11628 Santa Rosa, CA 95406 Dear Ms. Florey; This letter is written in response to your letter dated April 17, 2009. 1 do not know when your letter was received by the City of Ukiah, but it arrived- at our water treatment plant rather than in my office at City Hall. The letter was just brought to my attention late 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 would 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 tis 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 of Ukiah 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 Wells 43 and 44. The Ranney and Well #3 draw water from an alluvial zone along the Russian River. The pumping capacity of both the Ranney collector and Well #3 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 85482-5400 Phone# 707/463-6200 Fax, 7071463-6209 Web Address: www.cityofuklah.com City staff is actively seeking stimulus funding for a system to deliver recycled water from the City's wastewater treatment plant. At the 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 canmt 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: 1. Educational Ietter 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, ?ane A. Chambers Manager Attachments: 1. City of Ukiah Water Use 2. City of Ukiah Water Conservation Program 2009 City of Ukiah Water Use Annual Water Use MG 2008 1192.968 -11A% 2008/2004 2007 1219.964 -9.3% 2007/2004 20136 1248.424 -7.2% 2006/2004 2005 1223.542 -9.1% 2005/2004 2004 1345,744 Water Use (MG) 2004 2007 2-008 2009 2007/2004 2008/2004 April 96.743 87.507 87.865 -10% -9% May 245.402 121505 132.345 -16% -9% June 162.897 149.782 143.469 -8% -12% July 185.875 164.473 158,899 -12910 -15% August 179.326 162.859 157.056 -9% -12% Sept. 156.798 134.481 130,508 -1496 -17% Oct. .109.224 83.777 92.724 -23% -1650 Total MG 1036.266 904.385 902,866 -23% -13% ac -ft 3180 2775 2768 Diversion Volume (MG) 2004 2007 2008 2009 2007/2004 2008/2004 April 57.046 27.598 62.754 -52% 10% May 112.803 72.833 111,365 -35% .1% June 129.493 109.976 102.115 -15% -21% July 131.935 105.631 109.09 -2096 -17% August 126.768 104.658 101.593 -17% -20% Sept. 117.755 88.134 85.313 -25% -28% Oct. 96.734 72.864 73.465 -25% -24% Total MG 772.534 581.694 645.695 -25% -16% ac -ft 2371 1785 1982 The City of Ukiah ' Water Conservation Program 2009 The unpredictability of its water supplies and ever Increasing demand on California's complex water resources have resulted in a coordinated effort by the California Department of Water Resources (DWR), water utilities, environmental organizations, and other Interested groups to develop a list of urban water conservation demand management measures (DMM) for conserving water. This consensus building effort resulted in a Memorandum of Understanding (MOU) Regarding Urban Water Conservation in California, as amended September 16, 1999, among parties, which formalizes an agreement to Implement these DMMs and makes a cooperative effort to reduce the consumption of California's water resources. The MOU is administered by the California Urban Water Conservation Council (CUWCC). The DMMs as defined In the MOU are generally recognized as standard definitions of water conservation L C|UWCCDemand Management Measures Implemented The existing conservation The City of Ukiah has had a water conservation program in place since the late i 970's. During the past five years, the City has expanded its program and public outreach. The City reduced the amount of water it used by over 9.3% in 2007 and 11.411/0 in 2008 compared to 2004. OurnanUy, the City's conservation program includes the following [J/N&0o: DMM 1. Water survey programs for single-family residential and multi -family residential connections. The City tests customer meters upon request sndinstruotocusbzrnansinhovvbzuoefhairweb*r meter to determine if there is a leak on the demand side of the meter. The City provides toilet leak detection tablets tocustomers. QMM3.System water audits, leak detection, and repair. The City pedbnnoleak detection and repair onanongoing basis. The O|t�also, calculates system water losses mnnuaUyand nepo�athis /nfonnaUonb>OVVR. ' DMM 4. Metering with commodity rates for all new connections and retrofit of existing connections. ' The City water distdbution system is fully metered. The City is currently replacing old meters in the system.ThanewmetgcewU|pnzvidoonlovesoounahenaadilgofwoterumexWthintheCity. The City recently went through a rate re -structuring that is believed will reduce water uses in the DMK4S.Large landscape conservation programs and incentives. The City's Planning Department reviews all landscape plans proposed hzrnowdeve|opnnen10 Included in the City's Municipal Code is a requirement for all landscape planting to be "those which grow well in Ukiah's climate without extensive irrigation." City staff reviews the water use of its top 5 water users and holds meetings with them on a regblar basis to discuss landscape conservation programs. OMNI 7. Public information programs. The City believes public awareness ofwater conservation issues kyon important factor in ensuring a reliable The City promotes public awareness of water conservation through occasional bill stuffers, distribution of the Consumer Conffdence Report, radio broadcasts, newspaper articles, the City of Ukiah's "Activity and Recreation Guide", distribution of brochures and additional information at local expositions and" fairs, and on the City website advertised to the community on a banner across a City thoroughfare. The City also provides free of charge water conservation yard signs to encourage minimal use of water for lawn Water conservation information and assistance is routinely providedtothe public bythe water utility maintenanceabsff and meter readers while |nthe fla|d'Field staff receives conservation training tobetter assist customers and promote conservation. Door hangers are used toremind customers of Ukiah's Voluntary Water Conservation Program measures and to provide notice of problems with outdoor water use. DMM8'School education programs. Qty staff presentsinformntion on water conservation to elementary school children /nthe classroom. The City offers local schools tours of Its water treatment plant and also provides educational materials. Four science classes onpublic water supply etthe high sohoo|are offered once ayear. DMM 9. Conservation programs for commercial, industrial, and institutional accounts The City has only two industrial customers: Maverick Industries and Red Tell Ale Brewery. The City surveys the water usage of these industries. Any new commercial, industrial, or institutional developments will be reviewed by the City Planning Department and must meet all requirements of the Municipal Code. QMM11,Conservation pricing. In 2005, the City Increased and re -structured its water rates toencourage more conservation. The City has simplified its rate structure by eliminating rate codes and classifying customers according to their meter size. The new rate structure Incorporates the American Water Works Association (AWWA) demand capacity guidelines so that price increases across meter size in proportion to the potential demand a customer can place an the water system. OMM 12. Conservation Coordinator. The City's Conservation Coordinator Is essentialbo sustaining and/ Ukiah's ongoing water conservation program. The conservation coordinator uaresponsible uz implementing and monitoring the City's water conservation activities. |opractice, the City's water conservation program includes the efforts ofthe Conservation Coordinator and all staff. OIVIM13.Water waste prohibition. The City has adopted regulations that state in part: "Where negligent or wasteful use of water exists on a customer's premises ... the City may discontinue the service..." (City Municipal Code Article 7, Section 3571). The City first sends customers a letter calling their attention to the wasteful practice and asking for correction. If the condition is not corrected within five days after the written notice, service may be discontinued if necessary. 0IVI8014-Residential OLFT replacement programs' Since October 1992.the safe of toilets using more than 1.Ggallons �p���has �en pnzh�|bedbyState and Fadona nygua�zno'These nag�abonoonsenfbnoodinthe City. II. Additional Water Conservation Measures Inaddition tothe OK0Me.the City has also taken the following actions: 1. Installation of five waterless urinals in the Ukiah Civic Center to support and promote the use ofwaterless urinals 1nall City facilities and /nthe publio sector. The use ofthese urinals has received very positive feedback from Facilities staff who would like toinstall these inthe Ukiah Valley Conference Center. 2. Cooperative water conservation programs have been developed between the City and the Mendocino County Water Agency, the Russian River Public Water Aoenoies.and the Water - 3. The Ukiah City Council adopted the AhvmahnoaWater Principles onAph/4.2OO7. The Principles contain ideas for protecting and enhancing water quality, improving water availability, making more efficient use ofwater, and conserving xveterooaooarno resource. The Principles suggest eprocess for improving decision-making ooitimpacts water -related issues. The City Council reviewed tile Principles and determined tile ideas and suggestions promote the Council's stated goals, Ill. Future Water Conservation Activities The City has recently undertaken a rate and revenue Atiered |mdinkm block nu�s�uc�neand excess use charge are being evaluated to-encouragevvobar - The City has submitted a pre -application to the State Water Rescurt;es Control Board State Revolving Fund to construct a recycled water system, The City's Wastewater Treatment Plant Improvement Project is scheduled to be completed by June 2009. After the project is completed, the plant will be capable of producing 2 million gallons per day (MGD) in the summer and up to 7.5 MGD in the winter of Title 22 unrestricted use recycled water. Other immediate and conservation measures include: ' • Installation ofwaterless urinals and dual flush toilets in all City " Sign the CaDhon�eUrban VVater{�onsonst|onCounciyayNenionandu-o Understanding • Water efficiency standards for newsingle-family development (long term) • landscaping (long term) ° Water waste ordinance prohibiting: (imnnodiate) l. gutter flooding 2. cammeohlunoroiseny ' 3' no decorative water fountains ' 4. breaks or leaks |nthe water delivery system � Incentives for Retrofits (long term) I. low flow shower heads Z. toilet displacement devices B. toilet flappers 4. faucet aerators S. high efficiency washing machines G. uKns'|cnm flow toilets UW for Residents - Fluorescent Lainps UW for Residents - Fluorescent Lambs _.................................................................................. Page 1 of 2 :.. ') - rr—C3 General Universal Waste I Batteries I Fluorescent Lamps I Electronic Waste and CRTs ( Non -Empty Aerosol Cans ( Mercury Devices I Resources I Regulations and Policies Fluorescent tubes and bulbs and other mercury -containing lamps: Include Fluorescent light tubes and bulbs, high intensity discharge (HID), metal halide, sodium and neon bulbs. These lights contain mercury vapor that may be released to the environment when they are broken. Mercury is a toxic metal that can cause harm to people and animals including nerve damage and birth defects. If mercury is released into the environment it can contaminate the air we breathe and enter streams, rivers and the ocean, where it can contaminate fish that people eat. How can I recycle fluorescent lamps? Many retailers and local government agencies run programs that accept used fluorescent lamps and send them on for recycling. For information on local collection programs, contact your municipal waste service provider or check the list of Household Hazardous Waste Program Web links. You can also check the Earth 911 Web site for a fluorescent lamps collection program near you. Most Household Hazardous Waste Programs collect fluorescent lamps. These programs are run by your local government agency, and you will want to contact them directly for the location nearest you. Are retailers required to accept used fluorescent from consumers for recycling? No, but many fluorescent lamps retailers accept and collect used fluorescent lamps for recycling. Check with your local retailer. How should I store my used fluorescent lamps until I can take them to a recycling center? Store your used fluorescent lamps in a safe, dry place, out of the reach of children, and where they cannot be broken. Where can I take used fluorescent lamps? Find a location in your county that you can dispose of your waste lamps. Contact your local Count Environmental Health Department or Certified Unified Program Agency (CUPA). What are the requirements I need to be aware of? Requirements for the Universal Waste Regulations, including those for the management of fluorescent light tubes, can be found in Universal Wastes Questions and Answers on the DTSC Web site. http://www.dtse.ca.gov/HazardousWastelUniversalWaste/Res_Fluoreseent Lamps.cfm 9/6/2009 December 2, 2009 mom' I aIII �•iilI a As a voter and a resident of Ukiah, it moves me to poignantly ask for a city ordinance banning agricultural and back yard burns. During the fall, winter and spring temperature inversions causes the smoke to become trapped, thus making the city of Ukiah a giant bowl of smog. I recently have battled a very severe sinus infection, which came upon me Thanksgiving Day. Imagine my surprise when I discovered that the Weather Channel had been stating that the air quality in Ukiah was "unhealthy" during the 23rd through the 26th. There was never a mention to that fact in either the Ukiah Daily Journal or on any radio stations. It seems to me that the Mendocino County Air Pollution Control District has FAILED to let us, those living in Ukiah, know when it is not safe to breathe the air outside. What a grievous mishandling of their responsibilities and duties. I can provide you with photographs of burn piles taken on those days as well as of future burns that I will also photograph. I fear that as the piles are burned and Ukiah's air quality diminishes, the inaction of both the City of Ukiah and the Mendocino County Board of Supervisors shall unfortunately continue. Upon request I can also provide links to the California Air Resources Board Studies on the health impacts of smoke and particulates. Imagine what a statement the Ukiah City Council would make if it were to "go green" and that and make the seat of Mendocino County government become the benchmark for clean air in the State of California and set an example for the rest of the communities in Mendocino County. What of the smoke and particulates "fish bowling" our community? Studies show that particulates in the air negatively impacts rainfall. Can we afford to allow that here in our community, when Lake Mendocino is drying up, causing widespread water shortages? Studies show that all fires release carbon into the atmosphere. A no brainer, which, during this environmental age, can only bolster the county's drive to "go green". A study by the CA Air Resource Board proves that children can develop asthma as a result of breathing smog. The very doctor who conducted this study, Dr. Alan Lloyd said, "This study illustrates the need not to retreat but to continue pushing forward in our efforts to strengthen air pollution regulation." Doctor Lloyd also released a study that shows that hospitalizations increase after exposure to high particulates in the air. I can attest to this, I am very sensitive to this smoke. On August 6th of this year the CA Air Resources Board issued a release on what precautions people should take to reduce exposure to wild fire smoke. The burning of agricultural wastes is no different than forest fire smoke when it is inverted and concentrated within our valley. Also, who is checking what is being burned? Can't people also be burning trash, adding more toxins to the cocktail? The New England Journal of Medical Science released a study that confirmed the reduction of air pollution extends life. After a review of this the CA Air Resource Board stated its concern about the estimated 18,000 deaths each year in CA from particulate matter. And the studies go on and on. I ask you to please demand an answer from the Mendocino County Air Pollution Control District on why now public statement regarding the city's awful air quality. I ask you to PLEASE pass a city ordinance that halts burning. Winter burns can be replaced with chipping; this would eliminate the toxic effects of smoke and protect public health. Our tourism, rainfall, and long-term health all depend on this. This is not a small issue, nor one that will go away. The potential to grow as a community is also attainable from such an ordinance. I request to hear from you regarding this issue. Respectfully, 1 Brendan P. O'Leary 1615 S. Dora Street Ukiah, CA 95482 (707) 391-4164 New Release: 2009-05-28 Study confirms reduction of air pollution extends life C' a Iifornia E n v i r o n in e n t a 1 11rotear..tion Agc-ne:} N E WS' R E w L E Ak� E Air Resources 13ord Page 1 of 2 Release 09-51 Dimitri Stanich FOR IMMEDIATE RELEASE 916-322-2990 May 28, 2009 www.arb.ca.gov Study confirms reduction of air pollution extends life Clean air lengthens life spans SACRAMENTO: Today the California Air Resources Board heard the results of a recently published study in the New England Journal of Medicine that shows reducing air pollution improves life expectancy. At its monthly hearings the ARB is informed of research results that examine the relationship between air quality and health effects. This month's study, investigating the association between fine particulate matter and life expectancy in 51 U.S. metropolitan areas, found that for every decrease of 10 micrograms per meter cubed of fine particulate matter, life expectancy increased by seven months. Since the late 1970s, improvements in health care, lifestyle and diet have increased the average life expectancy in the United States by nearly three years. Air quality improvements alone accounted for nearly five months of that increase. "This is a stark reminder of why California is aggressively moving to reduce air pollution," said ARB Chairman Mary D. Nichols. "Life is not only longer with cleaner air, its healthier." ARB is particularly concerned as it is estimated that fine particulate matter is associated with as many as 18,000 premature deaths per year in California. Particulate matter is a blend of tiny particles that include elements such as carbon and metals; compounds such as nitrates, organic compounds and sulfates; and, complex mixtures such as diesel exhaust and soil. They can deposit deep in the lungs and contain substances that are particularly harmful to human health. Hatrcros;s section (70 pial -A Human Hair (M ;p diameter) RIO, Along with reduced life expectancy, particulate matter has been linked to increased hospitalizations and emergency room visits for people with chronic heart or lung diseases such as chronic obstructive pulmonary disease, asthma, and heart and blood vessel disease. The ARB and the 35 local air districts have adopted many measures that have reduced statewide concentrations of fine particulate matter by nearly 13 pg/m3 between 1987 and 2006. These reductions are http://www.arb.ca.gov/newsrel/nr052809.htm 11/28/2009 A rrem tceiease: zvoy-v3-voo apni isti -ueaaime ror vas 3iaiion upgraaes Ca1i;'ornia Lnvironiii rtztal I'rr,re.ction Agenci- Air Resources Board Release 09-25 FOR IMMEDIATE RELEASE March 26, 2009 rage i of i Dimitri Stanich (916) 322-2990 www.arb.ca.gov Air pollution contributes to allergies New study supports efforts to protect children from air pollution SACRAMENTO: Today, at its monthly regulatory hearing, the California Air Resources Board reviewed the results of a national study that linked exacerbation of childhood allergies to increased air pollution. A survey of more than 70,000 children, aged three to 17, revealed that exposure to greater amounts of ozone or particulate matter triggers more symptoms of hay fever and respiratory allergies. "Children are growing and learning constantly and the added burden of allergies can only limit them from reaching their full potential," said ARB board member Barbara Riordan. "This study underlines the need to clean our air. Our future is dependent on protecting children's developing minds and spirits." The study results, published in the January 2009 issue of Environmental Health Perspectives, found that for even small increases in the ambient amount of ozone or particulate matter, the population of children could expect a significant increase in the likelihood of hay fever and respiratory allergy symptoms. In California, the ARB estimates that one million school absences annually are associated with ozone exposures alone. Created when the soup of pollutants are heated in the sun, ozone has long been the focus of air pollution regulations. It is the main constituent of smog and a serious threat to those with cardiopulmonary disease. Ozone inflames nasal passages and lung tissue. Recently it has also been associated with diminished lung development in children and the exacerbation of asthma. The other respiratory antagonist found in the study was particulate matter, an assortment of very small liquid and solid particles floating in the air. When inhaled these particles easily penetrate deeply into lungs increasing the number and severity of asthma attacks, aggravating bronchitis and other lung diseases, and reducing a body's ability to fight infections. The study's findings support the state's effort to further reduce pollution through local and state level regulations. Over the last two decades ozone concentrations throughout the state have been halved. "We have grown accustomed to allergies and operate on the assumption that the only relief is medication for symptoms," continued Riordan. "But, reducing ozone and particulate matter also helps. Children can use more energy on their school work and less on struggling with runny nose and itchy eyes." The Air Resources Board is a department of the California Environmental Protection Agency. ARB's mission is to promote and protect public health, welfare, and ecological resources through effective reduction of air pollutants while recognizing and considering effects on the economy. The ARB oversees all air pollution control efforts in California to attain and maintain health based air quality standards. http://www.arb.ca.gov/newsrel/nr032609.htm 11/30/2009 j News Release 2003-01-23 ARB Issues Woodburning Health Advisory CaIir"ornia Envir� kinienta1 1.1 r o t e c t i o n Aga=.ncy ONEW�di RELEASE .fir Resources Board Release 03-01 Page 1 of 2 FOR Jerry Martin IMMEDIATE CONTACT: (916) 322-2990 LEASE January 23, Richard Varenchik 2003 (626) 575-6730 www.arb.ca.gov ARB Issues Woodburning Health Advisory SACRAMENTO -- The Air Resources Board (ARB) encourages Californians to consider alternatives to woodburning this winter, and to use their woodburning fireplaces and stoves wisely if they use them. Woodsmoke can harm the health of your family and your neighbors, especially children, the elderly and asthmatics. Woodstoves and fireplaces release far more pollution, indoors and out, than heaters and fireplaces using natural gas. "In many areas of California, wood smoke significantly degrades air quality and visibility, and can be the biggest single source of pollution, especially on still winter days. In order to reduce air pollution, we encourage people to consider the many alternatives to heating their home with wood," said ARB Chairman, Alan Lloyd. Burning wood produces air pollutants such as carbon monoxide, nitrogen dioxide and particulate matter. These pollutants are hazardous to the respiratory system. They can trigger asthma in sensitive individuals, and may cause chronic lung disease. Particulate matter can be especially dangerous since, when inhaled, it can penetrate deep into the lungs where it may remain for years. Wood smoke also contains substances such as benzene, formaldehyde and benzo -a -pyrene, which can contribute to the development of cancer and irritate the eyes and throat. In its 1988 suggested control measure, the ARB recommends that if you must use your fireplace you switch to gas or install an insert for a cleaner, cheaper heat source. In addition, the ARB encourages you to take these steps to reduce wood smoke pollution: ® Replace your old woodstove with a new EPA certified model. • Burn only clean, dry, seasoned wood, seasoned cordwood, or densified logs and fire -logs. ® Build small, hot fires instead of large smoldering ones. ® Keep your woodheater and chimney in top shape, have them inspected annually. ® Weatherize your house. These and other suggestions are described in ARB's Woodburning Handbook, at http://www.arb.ca.gov/cap/handbooks/handbooks.htm or call (916) 327-7111. http://www.arb.ca.gov/newsrel/nr012303.htm 11/30/2009 INUWS i\G1GdSG GVVJ-V I -GJ 166UGS VV UODUUrIling tlealin A.CIVISOry rage /- of z The Air Resources Board is a department of the California Environmental Protection Agency. ARB 's mission is to promote and protect public health, welfare, and ecological resources through effective reduction of air pollutants while recognizing and considering effects on the economy. The ARB oversees all air pollution control efforts in California to attain and maintain health based air quality standards. The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy cost, see our website at http://www.arb.ca.gov. http://www.arb.ca.gov/newsrel/nrOl2303.htm 11/30/2009 1VeWS CtG1GdSG. GVVG-VI-01 OLUUy 1,111&S till rUIRMUI1 d11Uii56IlIIld Cali 'Alia 1 nrironnlellta1 Prote=ction A e n( -y ONEW!`S� RELwE: A1,SE Air Resources Board Release 02-14 rage 1 Ul G FOR Jerry Martin IMMEDIATE CONTACT: (916) 322-2990 LEASE January 31, Richard Varenchik 2002 (626) 575-6730 www.arb.ca.gov Study Links Air Pollution and Asthma SACRAMENTO -- A ten-year study of children funded by the California Enviromnental Protection Agency's Air Resources Board (ARB) and conducted by the University of Southern California (USC) has produced the strongest evidence to date that ozone, commonly know as smog, can cause asthma in children. ARB Chairman Dr. Alan Lloyd said, "We've known for some time that smog can trigger attacks in asthmatics. This study has shown that ozone can cause asthma as well." Previous evidence has shown that ozone, one of the most health -damaging air pollutants, can aggravate existing cases of asthma. The new ARB -USC study, however, points strongly to ozone as a cause in the development of asthma in young people who did not previously have the disease. The study compared new asthma cases in 3,535 children who were followed over five years in 12 Southern California communities to determine the potential health damage caused by growing up in polluted air. Six of the communities had higher than average ozone concentrations while six had lower than average concentrations. Researchers further refined the study by looking at children who played up to three team sports. The study showed that children in the high ozone communities who played three or more sports developed asthma at a rate three times higher than those in the low ozone communities. Because participation in some sports can result in a child drawing up to 17 times the "normal" amount of air into the lungs, young athletes are more likely to develop asthma. This link to asthma follows additional results of an eight-year, $18 million study released early last month. The previously released results found that most children who moved to communities with higher levels of particulate matter (measuring less than 10 microns in diameter -- PM 10) showed decreased rates of lung function growth compared to those who moved to communities with lower levels of PM 10. http://www.arb.ca.gov/newsrel/nr0l 3102.htm 11/30/2009 News xeiease: Luul-u 1-J 1 Muay Lincs Air ronution ana Asthma rage / or z After reviewing the study, Dr. Lloyd noted recent efforts to weaken some environmental regulations. "This study illustrates the need not to retreat but to continue pushing forward in our efforts to strengthen air pollution regulations," Dr. Lloyd said. In order to combat air pollution, the ARB has adopted environmental justice policies which will help strengthen outreach and education efforts in all communities, especially low-income and minority communities, so that all Californians can fully participate in the public processes and share in the air quality benefits. For more information about the Children's Health Study, click here. The Air Resources Board is a department of the California Environmental Protection Agency. ARB's mission is to promote and protect public health, welfare, and ecological resources through effective reduction of air pollutants while recognizing and considering effects on the economy. The ARB oversees all air pollution control efforts in California to attain and maintain health based air quality standards. The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy cost, see our website at http://www.arb.ca.gov. http://www.arb.ca.gov/newsrel/nrO 13102.htm 11/30/2009 News Kewase: Luus-u2-24 Hospitalizations ana hmergency Koom visits .increase ronow... rage i or z CaIii'(-;rnia E n v i r o tinienta1 11-c-tc.fiction A.r,-1)- - ia NEWS RELEi. A4,SE Air Rasowces Board Release 03-07 FOR IMMEDIATE LEASE February 24, 2003 NNW,�IT1 Jerry Martin Gennet Paauwe (916) 322-2990 www.arb.ca.gov Hospitalizations and Emergency Room Visits Increase Following High Particulate Matter Episodes, Study Finds SACRAMENTO -- Hospitalizations and emergency room visits increase after periods of high particulate matter episodes in the San Joaquin Valley, a recent California Air Resources Board (ARB) study shows. "The immediate health impacts following periods of poor air quality are a real reminder that there is still more work to be done to clean California's skies," said ARB Chairman, Dr. Alan C. Lloyd. Hospital and emergency room admissions of Kaiser Permanente patients in the San Joaquin Valley, an area of high particulate matter (PM) emissions, were followed between 1996 and 2000. Air quality and weather monitors around the region were used to track pollution levels, air temperatures and wind direction, while investigators monitored the number and type of admissions to Kaiser Permanente facilities. Researchers catalogued hospitalizations and emergency room visits for acute and chronic respiratory ailments and cardiovascular maladies. There were 500,000 patients in the study area, all enrolled in Kaiser Permanente health plans. Following wintertime episodes of high PM, and to a lesser extent, carbon monoxide and nitrogen oxides, admission rates increased for patients who suffer from acute respiratory ailments such as asthma and bronchitis. Admissions for chronic respiratory ailments, such as emphysema, were similarly elevated, particularly during the winter months. For every 10 microgram per cubic meter (gg/m3) increase: Acute respiratory hospitalizations increased by 2.3 percent for PM 10 and 4.1 percent for PM2.5. ® Acute respiratory emergency room visits increased by 3.4 percent for PM10 and 5.2 percent for PM2.5. Chronic respiratory hospitalizations increased by 5.5 percent for PM 10 and 7.5 percent for PM2.5. http://www.arb.ca.gov/newsrel/nr022403.htm 11/30/2009 Ne -WS Kelease: Luuj-VL-L4 riOspimuza-Elons aria crncrguncy tcuurn visits rncwGa6c ruiiuw... rages G vi ® Chronic respiratory emergency room visits increased 3.8 percent for PM10 and 6.5 percent for PM2.5. Average rates of PM2.5 in the urban areas of the San Joaquin Valley range from 15 to 25 gg/m3, but levels as high as 160 gg/m3 have been recorded on individual days. These particles are so small they can bypass the body's defenses and lodge in the lungs. One 10 - micron particle (PM 10) is one-seventh the size of a human hair. The principal investigators of the $265,000 study were Kaiser Permanente and Sonoma Technology. A copy of the study can be obtained here (PDF - 480K). The Air Resources Board is a department of the California Environmental Protection Agency. ARB's mission is to promote and protect public health, welfare, and ecological resources through effective reduction of air pollutants while recognizing and considering effects on the economy. The ARB oversees all air pollution control efforts in California to attain and maintain health based air quality standards. The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy cost, see our website at http://www.arb.ca.gov. http://www.arb.ca.gov/newsrel/nr022403.htm 11/30/2009 1VeW ,_U1U SC: GUV7-VJ-V / INUIL11C1111-anwima i'Ul CoM 11VUUlJW %_V111Na11y r111%1u W✓,WWW a "b" — — a for R i a L n v 7 r D n to e n t a l 1) r o t e c t i o n a e n c. y N E WS" R E L E A !S' E Air Resources Board FOR IMMEDIATE RELEASE August 6, 2009 Wildfire smoke is dangerous Public should take precautions to reduce exposure Dimitri Stanich 916-322-2990 www.arb.ca.gov SACRAMENTO - ARB is warning Californians enduring threats from wildfires to be aware of the dangers from wood smoke and minimize exposure. Fire season is upon us and while the smoke from the southern California fires remains minimal, the expected lighter winds will reduce clearing of the air. Smoke from forest fires is a mix of very fine particles that can be dangerous depending on the amount of smoke and personal health. Air quality and health officials are urging the public to stay informed about regional air pollution levels by watching the media or checking local air pollution officials' web pages. When the air is unhealthy take the following precautions: • Stay indoors with windows and doors closed; • Run air -conditioners on the "re -circulate" setting, if available. A small percentage of newer homes have ventilation systems that actively bring in outdoor air. These should be turned off or set to a "re- circulate" mode; • Do not run swamp coolers or whole house fans; • Minimize or stop outdoor activities, especially exercise, during smoky conditions; and, • Those in a "high-risk health" group or those who cannot find adequate shelter from the smoke should move to an emergency shelter. If you must be outside in a smoky area, individuals should consider wearing a mask called a "particulate respirator." These resemble common dust masks but are substantially more effective at removing the airborne small particles. Choose one with two straps and has NIOSH, and either N95 or P100 printed on it. Follow the manufacturer's instructions carefully. For more information on N-95 or P100 go to the California Department of Public Health web page here. N-95 or P-100 respirators work best when sealed closely to the face. Beards defeat the needed seal. CAUTION: It is harder to breathe with these masks. If you have heart or lung disease check with your doctor before using one. If you must work, take frequent rests. Do not use bandanas (wet or dry), paper masks, or tissues held over the mouth and nose. These are ineffective and will not protect your lungs from wildfire smoke. The most effective way to reduce exposure and avoid the ill effects of smoke is to stay indoors. Eliminate outdoor activities while air quality is in the unhealthy range. Exposure and the ensuing health effects are dependent on the amount of time spent outside, level of exertion and air quality. Effects can be as mild as irritation of the eye, nose and throat, or headache; or as serious as triggered asthma episodes or added stress to weakened cardiovascular systems. http://www.arb.ca.gov/newsrel/nrSmokewaming.htm 11/30/2009 New Kewase: LUUy-U:)-U / iNonnern uaiiiornia rorest rroauccs company rinea a�.5,vvv raga L U It is especially important for people with respiratory or heart disease to monitor their health. If their symptoms worsen they should immediately consult with their health care providers. Individuals with moderate or severe heart or respiratory disease should consider alternatives and stay away from areas with high smoke concentrations. Such individuals should evaluate whether evacuation might actually cause greater exposure than staying home and using the precautions described above. Children and older individuals should be especially careful. Those with pre-existing heart and lung problems should consider curtailing activities at the AQI level of Unhealthy for Sensitive Groups. Even healthy people may experience some symptoms in smoky conditions. Additionally, pets can also be impacted by unhealthy air and should be brought indoors if possible. Making the decision to cancel or reschedule active outdoor events is difficult, but when smoke levels reach unhealthy levels coupled with very high temperatures, the prudent decision is to your health and that of others. Public officials may flake the precautions of closing schools and businesses, canceling public events and calling for evacuation. If you are evacuated, make sure to drive with the windows rolled up and the air conditioner set to re -circulate. For current information about local smoke conditions, find your local air quality management group here. For current and forecast particulate matter AQI information click here. More information on how to protect yourself is available here. For a guide for public officials on wildfire smoke go here. The Air Resources Board is a department of the California Environmental Protection Agency. ARB's mission is to promote and protect public health, welfare, and ecological resources through effective reduction of air pollutants while recognizing and considering effects on the economy. The ARB oversees all air pollution control efforts in California to attain and maintain health based air quality standards. http://www.arb.ca.gov/newsrel/nrSmokewaming.htm 11/30/2009 V.IJ. 111"" .LQLSV I1111V U11W Vl k a) VVll 1-111AIUG, 1VIiW IJ6l1U.y 011V W0 - 1VC>WO JXVDl CCJN 1 "6N 1 — ✓ U.S. Fires Release Large Amounts of •• Dioxide, •:Shows October 31, 2007 BOULDER—Large-scale fires in a western or southeastern state can pump as much carbon dioxide into the atmosphere in a few weeks as the state's entire motor vehicle traffic does in a year, according to newly published research by scientists at the National Center for Atmospheric Research (NCAR) and the University of Colorado at Boulder. David Hosansky, head of Media Relations 303-497-8611 Christine Wiedinmyer, NCAR Scientist 303-497-1414 Jim Scott, University of Colorado Media Relations 303-492-3114 Jason Neff, University of Colorado Assistant Professor 303-492-6187 The paper, "Estimates of Yvonne Mondragon, General inquiries CO2 from fires in the 303-497-8601 United States: implications for carbon Carlye Calvin, Photo inquiries 303-497-8609 management," is being published online Digital Image Library, Image Resources tomorrow in the journal "Carbon Balance and more info for journalists > Management." NCAR's portion of the research was supported by the National Science Foundation, NCAR's principal sponsor. y' The authors, Christine Wiedinmyer of NCAR and Jason Neff of the University of Colorado, used satellite observations of fires Christine Wiedinmyer. (Photo by and a new computer model, developed by Wiedinmyer, that Carlye Calvin, ©UCAR. News estimates carbon dioxide emissions based on the mass of media terms of use*) vegetation burned. They caution that their estimates have a margin of error of about 50 percent, both because of inexact data about the extent of fires and varying estimates of the amount of carbon dioxide emitted by different types of blazes. Overall, the study estimates that fires in the contiguous United States and Alaska release about 290 million metric tons of carbon dioxide a year, which is the equivalent of 4 to 6 percent of the nation's carbon dioxide emissions from fossil fuel burning. But fires contribute a higher proportion of the potent greenhouse gas in several western and southeastern states, especially Alaska, Idaho, Oregon, Montana, Washington, Arkansas, Mississippi, and Arizona. Particularly large fires can release enormous pulses of carbon dioxide rapidly into the atmosphere. "A striking implication of very large wildfires is that a severe fire season lasting only one or two months can release as much carbon as the annual emissions from the entire transportation or energy sector of an individual state," the authors write. http://www.ucar.edu/news/releases/2007/co2fires.jsp 11/30/2009 U.S. Fires Release Large Amounts of Carbon Dioxide, New Study Shows - News Release Page 2 of 3 Although last week's fires in southern California broke out after the paper was written, Wiedinmyer applied the new computer model to analyze their emissions. Her preliminary estimates indicate that the fires emitted 7.9 million metric tons of carbon dioxide in just the one-week period of October 19-26, the equivalent of about 25 percent of the average monthly emissions from all fossil fuel burning throughout California. "Enormous fires like this pump a large amount of carbon dioxide quickly into the atmosphere," Wiedinmyer says. "This can complicate efforts to understand our carbon budget and ultimately fight global warming." Challenge for policymakers Carbon dioxide emissions from fires pose a significant challenge as policymakers focus on limiting greenhouse gases because of concerns over climate change. Some jurisdictions, such as California, have not yet decided whether to include wildfire emissions when setting targets to reduce greenhouse gases. The impacts of fires on climate change are complex and difficult to predict. Long after a fire sweeps through an area, new vegetation over the course of several decades to a century may absorb as much carbon dioxide as was released during the blaze. But fires are likely to become more frequent and widespread as temperatures warm around much of the globe, which means that more carbon dioxide may be released into the atmosphere. The fires could complicate government efforts to rely on forests to help absorb carbon dioxide. "The fires that are burning today in the United States are part of the legacy of the past century of fire suppression," says Neff, an assistant professor of environmental studies. "Our attempts to control fire have had the unintended benefit of sequestering more carbon in our forests and reducing the impact of human combustion of fossil fuels. But as these forests now begin to burn, that stored twentieth century carbon is moving back into the atmosphere, where it may compound our current problems with CO2." The new study found that evergreen forests in the South and West are the dominant U.S. sources for carbon dioxide emissions from fires. Fires in grasslands and agricultural areas, where vegetation is less dense, emit far less carbon dioxide. The extent of U.S. fires varies widely from year to year, but typically the emissions have a small peak in the spring from fires in the southeastern and central United States, and a larger peak in the summer during the fire season in the West. About the article Title: "Estimates of CO2 from fires in the United States: Implications for carbon management" Authors: Christine Wiedinmyer and Jason C. Neff Publication: Carbon Balance and Management *News media reproduction to illustrate this story and nonprofit use permitted with proper attribution as provided above and acceptance of UCAR's terms of use. The National Center for Atmospheric Research and UCAR Office of Programs are operated by UCAR under the sponsorship of the National Science Foundation and other agencies. Opinions, findings, conclusions, or recommendations expressed in this publication do not necessarily reflect the views of any of UCAR's sponsors. http://www.ucar.edu/news/releases/2007/co2fires.jsp 11/30/2009 u.5. tires xeiease Large xmounis of Laroon liioxiae, i,4ew 6ivay Snows - ivews i�ujwase ray's j ui Contacts for This Release For 3ournalists David Hosansky, head of Media Relations 303-497-8611, hosansky@ucar.edu Rachael Drummond, Media Relations 303-497-8604, rachaeld@ucar.edu UCAR Communications www.ucar.edu/news/contacts.shtmi General inquiries Yvonne Mondragon, 303-497-8601, yvonnem@ucar.edu Photo inquiries Carlye Calvin, 303-497-8609, calvin@ucar.edu Digital Image Library www.ucar.edu/imagelibrary NCAR I UCP 1 @2009, UCAR I Sponsored by ° This document can be found at http://www.ucar.edu/news/releases/2007/co2fires.jsp Subscribe to our News Feeds at www.ucar.edu/news/rss http://www.ucar.edu/news/releases/2007/co2fires.jsp 11/30/2009 I 13 11�17Z S \ k '1'- "M QQ�£ .c • z �' to -.,"� �" s a � i � F'� � .��. r �. -. � • � o y" N ®r WIN ul C sj o LO11V Zc ins -70 Ogg - 3:: s�i��in fir' N'�:. p Op t3 `} '"' - s•: 2"' € x tom; .G {{) MEN m �m CL k O O. t ID � 0111111 e CU Q U 0 C- 4 co O CD �CD cf) E toswim ol Ell 0 ON w , N 0 c V F M gv r � 3 c � C3 t A,d r"33 v= U'S �...' m� Scis L 3 m Se F i im News Kelease: LuvD-v4-zu uaiiiornia Actopis iNew ozone manaara k-miaren s neaun roc... rage r of Ii 'orniaa Environmental Protection Agency ONEWS' RE'LrEASE Air Resources Boafd Release 05-08 FOR IMMEDIATE LEASE April 28, 2005 Jerry Martin Gennet Paauwe (916) 322-2990 www.arb.ca.gov California Adopts New Ozone Standard Children's Health Focus of New Requirement EL MONTE -- Today the California Air Resources Board (ARB) approved the nation's most health protective ozone standard with special consideration for children's health. The new eight-hour average standard at 0.070 parts per million (ppm) will further protect California's most vulnerable population from the adverse health effects associated with ground -level ozone, or smog. The new eight-hour average ozone standard is the first of its kind in the state. "It is clear that children who grow up under smoggy skies have greater health problems than those who breathe clean air," said ARB Chairman, Barbara Riordan. "California has a longstanding record of adopting the world's cleanest air quality standards and today's action continues our leadership in protecting public health." The Children's Environmental Health Protection Act, passed in 1999, requires the ARB, in consultation with the Office of Environmental Health Hazard Assessment, to "review all existing health -based ambient air quality standards to determine whether these standards protect public health, including infants and children, with an adequate margin of safety." As a result of that requirement, the ARB today adopted the new ozone standard. ® A new eight-hour average standard for ozone is established at 0.070 ppm, not to be exceeded. ® The one-hour average ozone standard is retained at 0.09 ppm, not to be exceeded. Ozone, also known as urban smog, can affect human health in many ways including: itchy, watery eyes, scratchy throat, difficulty breathing, shortness of breath, coughs, heightened asthma rates, cardiopulmonary cases and premature deaths. Research has also shown that ozone is associated with increased hospital visits, emergency room admissions, student and worker absences, activity restrictions and premature death. ARB research has shown that ozone is associated with new cases of asthma. Children are a particularly vulnerable population because their increased exposure to ozone can affect lung function. ARB research has also shown that children spend more time outside, are more active and breathe at a higher rate relative to their size than do adults. http://www.arb.ca.gov/newsrel/nr042805.htm 11/30/2009 j News Release: 2005-04-28 California Adopts New Ozone Standard Children's Health Foc... Page 2 of 2 Photochemical reactions between oxides of nitrogen (NOx) and volatile organic compounds (VOCs) form unhealthy ground -level ozone. California's geography and climate help with the creation of ozone because of its warm, sunny days and mountains that trap air pollution. The new standards amount to new clean air goals for the state and set the state's definition of healthy air. The standards will go into effect late this year or early next year, after going through California's review process for new regulations. For further information, click here. The Air Resources Board is a department of the California Environmental Protection Agency. ARB's mission is to promote and protect public health, welfare, and ecological resources through effective reduction of air pollutants while recognizing and considering effects on the economy. The ARB oversees all air pollution control efforts in California to attain and maintain health based air quality standards. The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy cost, see our website at http://www.arb.ca.gov. http://www.arb.ca.gov/newsrel/nr042805.htm 11/30/2009 cress .LCU1Uabu- GVVO-V 1-G`+ fill 1JU11UL1Vi1 UP16VUU5 U6PULAUlly HU11111U1 LU ULUIULUA, UULUUUl ... (:IIIj'Orniaa Envirotimental Protec- tion Areii(-S NE S RELEASE Air Resources Board Release 08-67 FOR IMMEDIATE RELEASE July 24, 2008 raj;U 1 Ul G Gennet Paauwe (916)322-2990 www.arb.ca.gov Air pollution episodes especially harmful to athletes, outdoor workers Health effects include respiratory problems, DNA damage SACRAMENTO - Staff presented research today to the California Air Resources Board that links air pollution episodes to adverse health effects for athletes and those who must work outdoors. Scientists have found that outdoor exercise during high levels of smog or particulate matter may cause otherwise healthy individuals to experience lung function decrease, exacerbation of asthma, and even DNA damage. For those with pre-existing respiratory or heart ailments, the danger is even greater. "This report once again shows that an active person's zeal for fitness may sometimes do more harm than good when air quality is suffering," said ARB Chairman Mary Nichols. "People should be aware of air quality in their region and take precautions to protect their health when pollution spikes occur. For example, we are surprised and alarmed to find many people out exercising during the recent rash of wildfires that have blanketed much of the state in smoke." The findings from the studies include: • A three -fold decrease in lung function after walking near diesel traffic compared to walking in a park with no traffic; • A four -fold increase in DNA damage after cycling in traffic; • A 10 percent reduction in lung function after cycling with ozone exposure; • Delivery of oxygen to the heart may drop by three times when exercising while exposed to diesel exhaust; and, • A three -fold increase in asthma development for children who played multiple sports in high ozone areas. Research shows that during exercise, people breathe faster; a greater proportion of air is inhaled through the mouth, bypassing nasal filtration, and pollutants are carried more deeply into the lungs. And, greater volumes of air are exchanged during exercise -- up to 10 or 20 times more air compared to when at rest. As breathing rates increase so does the quantity of pollutants inhaled. Anyone exercising outdoors during times of high pollution should remember they will receive a greater dose of pollutants. Additionally, research studies found that people who exercise near roadways such as joggers, cyclists and pedestrians experience increased risk because not only are they exposed to outdoor air pollution but traffic -related pollution as well. For people who already have compromised lung function or heart disease, these risks are amplified. http://www.arb.ca.gov/newsrel/nr072408.htm 11/30/2009 Press Release: 2008-07-24 Air pollution episodes especially harmful to athletes, outdoor ... Page 2 of 2 It is well established that exercise promotes health and fitness. Regular exercise can help counteract the negative effects of air pollution. For example, regular activity may improve removal of inhaled particles from the lungs and can strengthen immune defenses. Prior to exercise outdoors, people can protect themselves by heeding air quality advisories, available in local newspapers, television weather reports, and through local health agencies, air districts and U.S. Environmental Protection Agency websites, including www.airnow.gov. The Air Resources Board is a department of the California Environmental Protection Agency. ARB's mission is to promote and protect public health, welfare, and ecological resources through effective reduction of air pollutants while recognizing and considering effects on the economy. The ARB oversees all air pollution control efforts in California to attain and maintain health based air quality standards. The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy cost, see our web site at hftp://www.arb.ca.gov http://www.arb.ca.gov/newsrel/nr072408.htm 11/30/2009 ITEM NO.: 10b WM-0m,walf,win'rx-- December 2, 2009 SUBJECT: ADOPT PLANS AND SPECIFICATIONS NO. 09-17 FOR THE CONSTRUCTION OF THE OAK MANOR DRIVE WELLHEAD AND PUMPHOUSE AND APPROVE ADVERTISEMENT FOR BIDS Background: Per section 22039 of the Public Contracts Code, staff is requesting Council's approval of plans and specifications number 09-17 for the construction of the Oak Manor Drive wellhead and pumphouse. The design engineer's estimate for this project is $400,000. Discussion: The City Council authorized the City Manager to contract with Zim Industries to drill a well at Oak Manor Park as soon as it completed construction of a well at Gobbi and Orchard Streets in the City. The drilling operation for the Oak Manor Drive Well was completed on September 7, 2009. The specifications for the well pump and motor were based on the results of the pumping tests and have been ordered. This project involves the construction of the facilities needed to house the pump, motor and control systems and connect the Oak Manor Well to the City's water distribution system. It includes the installation of the pump and motor, pipeline from the well to the City's water distribution system, electrical controls, disinfection system, monitoring and recording equipment. The bid opening will be scheduled in December 2009. Project construction is scheduled to be completed in May 2010. The plans and specifications for the construction of the Oak Manor Drive wellhead and pumphouse are available for City Council and public review at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, California as well as online at www.cityofukiah.com. Fiscal Impact: xI Budgeted FY 09/10 F-1 New Appropriation F-1 Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $ 495,000 Water Fund - #840 840.3850.800.000 $0 Recommended Action(s): 1. Adopt plans and specifications for construction of Oak Manor Drive wellhead and pumphouse. 2. Approve advertisement for bids. Alternative Council Option(s): N/A Citizens advised: Requested by: Tim Eriksen, Director of Public Works / City Engineer Prepared by: Ann Burck, Deputy Director of Public Works — Water & Sewer Coordinated with: Jane Chambers, City Manager Attachments: 1 — Cover sheet — specification page 2 — Cover sheet — plans Approved:-— JV6 Chambers, City Manager ATTACHMENT *1 CITY OF UKIAH MENDOCINO COUNTY, CALIFORNIA SPECIAL PROVISIONS FOR CONSTRUCTION OF OAK MANOR DRIVE WELLHEAD AND PUMPHOUSE SPECIFICATION NO. 09-17 CITY OF UKIAH DEPARTMENT OF PUBLIC WORKS 300 Seminary Avenue Ukiah, California 95482-5400 Bids Open: December , 2009 12:00 p.m. Office of City Clerk § �m . | § ! , .§|t■ | � i �§§ ■§§$�§& §|//§§K§G|■ � |§|§§|| [ ■§§ #§§§§§B K;§§§■B§■;;� \§§§§§§ � r«�\ »gym k Q 0 . �. « �- ;1 r«�\ »gym k Q 0 ITEM NO.: MEETING DA 1J11: RO: 10c December 2, 2009 SUBJECT: AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND SIGN A SOLE SOURCE AGREEMENT FOR ENGINEERING CONSULTANT SERVICES WITH BALANCE HYDROLOGICS TO COMPLETE PHASE 2 OF THE HYDROGEOLOGIC STUDY OF THE PERCOLATION PONDS AT THE WATER RECLAMATION FACILITY FOR A NOT TO EXCEED COST OF $50,000 Background: The NPDES discharge permit for the Water Reclamation Facility (WRF) requires that a Hydrogeologic Study be completed to determine the fate and transport of wastewater pollutants discharged via the evaporation -percolation ponds. In March 2007, the City entered into a contract with Balance Hydrologics (Balance) to begin the study (Phase1). Balance submitted a Phase 1 draft summary report to the City on October 5, 2009 for discussion purposes. The final report, which includes Phase 1 and 2, must be submitted to the Regional Water Quality Control Board (RWQCB) by May 9, 2010. Discussion: Project evaluation tasks already completed during Phase 1 of the study include: Previous studies describing local groundwater conditions were reviewed. Two nested monitoring wells were installed between the south (down gradient) treated wastewater percolation pond and the Russian River. One well (MW -4) was installed at a depth of 31 feet within the interbedded alluvial sands and gravels that are mapped in the area and which lie below approximately 10 to 20 feet of clayey sands and silts. The second well (MW -5) was installed at a depth of 140 feet. Well logs indicate that the alluvial sand and gravels extend to this depth and beyond. Two lysimeters were installed within the clayey sands and silts below the bed of the north percolation pond. These will serve as water quality sampling points. ® The two new wells (MW -4 and MW -5) and two (MW -1 and MW -2) of the three existing monitoring wells were equipped with dataloggers to collect continuous water level readings. Balance was unable to install a datalogger in MW -3 due to the presence of a well -attached pump. In addition, a Continued on Paae 2 Recommended Action(s): Authorize City Manager to negotiate and sign an engineering consultant services agreement with Balance Hydrologics for a not to exceed amount of $50,000. Alternative Council Option(s): Reject proposal and provide staff with direction for alternative action. Citizens advised: Requested by: Tim Eriksen, Public Works Director and City Engineer Prepared by: Ann Burck, Deputy Director of Public Works — Water & Sewer Division Coordinated with: Jane Chambers, City Manager Attachments: Balance Hydrologics' Cost and Schedule Proposal Approved: ,�#e Chambers, City Manager gaging station was established at the Russian River to allow comparison of river stage and groundwater levels. • A level survey was completed at the project site. Particular points of interest included: all five monitoring wells, Russian River gaging station, Russian River flood plain, and the base of the percolation ponds. • Water level in the monitoring wells was periodically measured (August and October 2007, and April 2008) to provide calibration data for the level logger equipped wells and to track changes in ground water level in the non -instrumented well (MW -3). • Water quality samples were collected in August 2007 from the south percolation pond, the Russian River (up and downstream of the seep), and a small seep along the river bank. Samples were analyzed for standard minerals. • A more extensive water quality sampling effort was conducted in October 2007 and April 2008. Samples were collected from all five monitoring wells, several points along the Russian River, and the south percolation pond. Samples were analyzed for standard minerals. The October 2007 samples were also analyzed for a number of less common analytes that may serve as good tracers of treated wastewater. Phase 2 work plan collects additional data to continue the assessment of whether summer use of its percolation ponds adjoining the Russian River is in hydraulic connection with the river. Based on all available data collected, a groundwater flow model of any pollutants from the ponds will be developed. The hydrogeologic study will also assist the City in addressing questions posed by RWQCB staff, and will help guide the City's own evaluation of risk of contamination, if any is evident. The scope of work for Phase 2 includes five tasks: Task 1: Backgrounding. This task provides nominal time for gathering relevant information related to Tasks 2 and 3 (below). This task includes site visits collect manual measurements of groundwater levels and download dataloggers at the five monitoring wells and collect stage readings at the Russian River gaging station. The data will be used to calibrate water level dataloggers installed June 2007 in four monitoring wells (MW -1, MW -2, MW -4, and MW -5) and the Russian River. The water level monitoring data will be analyzed and provide basic information to develop a local groundwater management plan. Task 2: Groundwater modeling. A 3-D groundwater flow model (ModFlow2000) is proposed to represent groundwater flow from the ponds to the river under a range of groundwater and river levels (emulating seasonal groundwater fluctuations) and assumed percolation rates. Particle tracking will be used as a proxy for chloride transport and dilution. Data will be spatially organized in ArcMap. Groundwater Vistas will employed as a user interface to create and run the ModFlow model and the constituent transport component. Model results will be graphically presented in ArcMap. This task includes model calibration and several model runs to test different scenarios proposed by the City of Ukiah. The objective of the task will be to estimate ranges of the local groundwater boundary for groundwater management and to provide the City with the capacity for adaptive management. Task 3: Data interpretation, groundwater management, and reporting. Findings of the hydrogeologic study and modeling results will be used to develop management opportunities for the WWTP to protect and improve the local groundwater system. This task provided time to formulate a groundwater management alternatives. Balance will define the boundary of the local groundwater affected by percolating pond water, develop objectives and monitoring protocols and propose future needs. They will develop a list of potential stakeholders, such as the RWQCB, the County, and downstream well owners. A January 2010 semiannual report will be prepared, a draft report will be prepared for review by the City, and a final report prepared for submittal to the RWQCB for the May 9, 2010 deadline. Task 4: Meetings. This task provides time for a meeting and presentation to City Council, and a meeting with the RWQCB. Task 5: Project management, coordination and quality assurance. Balance will provide day-to-day management, coordination and quality assurance of the technical tasks. The City of Ukiah will manage and direct public and stakeholder involvement activities. All technical work will be conducted under active California registration. C. Budget and Schedule The City of Ukiah received funding for Phase 2 of the study from a $50,000 Capacity Building Grant, awarded under the California Department of Water Resources Local Groundwater Assistance Program (AB303) Fiscal Year 2007-2008 grant cycle. In November 2008, Grant Agreement No. 4600008332 was signed, but in January 2009, the State froze the funds until the State budget crisis is resolved. Estimated staff labor allocation is shown in Table 1. Expenses and an estimated total cost are presented in Table 2, and equipment costs in Table 3. The schedule for the proposed project is laid out in Table 4. Important milestones include: • December 2009 – funding approved and contract signed • December 2009 – site visit to measure water levels and download dataloggers • December 2009 to January 2010 – conduct groundwater modeling • January to April 2010 – Data interpretation, groundwater management, and reporting • May 9, 2010 – Report due to RWQCB Fiscal Impact: XI Budgeted FY 09/10 1-1F7Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Add. Appropriation Requested $ 50,000 Sewer Fund – 612 612.3580.250.011 $0 h C a N N .Y c`� r ,gyp C N 11 J yoa� ol6olaphE-I ;sldA.L yoa! lsllelaadS jiodaa -is ulwpy fad 'is IslleloadS solydrjo IslleloadS GOMM ;sRleuy is Slo leuolssa}ad jolunr Ieuolssajad auelsissy leuolssa}ad duels leuolssa}ad dde1S *is leurnssadoad aaafad leuolssa}ad Jolues Iedloulld ledlowid "is Lo to co M N N En 7 N c7 r O t0 r N V Y W Ea ff3 Ga 4 S a O � f�D N N N 'C (3 U) o eY O W a st" e17 t/T � � N o a) m B o a U) r r r3 O v J m O I— m m CID 0 M f�D N N N r-- = m Y v 'C (3 U) o eY O W a st" e17 t/T � � N o a) m B o a U) r r r3 O v J m O I— m m CID 0 M Tahle 2. Estimated Costs City of Ukiah Wastewater T'i•eatment Plant Percolation Pond Hydrogeologic Study Phase 2, Meudocino County, CA Professional Fees Rate Hours Allocation Sr. Principal $205 5, $1,025.00 Principal $170 158 $26,860.00 Senior Professional $145 0 $0.00 Project Professional $135 90 $12,150.00 Senior Staff Professional $120 68 $8,160.00 Staff Professional $110 0 $0.00 Assistant Professional $95 0 $0.00 Junior Professional $80 0 $0.00 GIS Senior Analyst $100 0 $0.00 GIS/CARD Specialist $80 8 $640.00 Graphics Specialist $80 0 $0.00 Senior Project Administrator $77 8 $616.00 Senior Report Specialist $74 0 $0.00 Technical Typist $60 0 $0.00 Hydrologic Technician $60 0 $0.00 Labor Subtotal Table 1 $49,451.00 Expenses Direct Expenses Mileage 550 miles @ $0.63 $346.50 Mileage, 4 -Wheel Drive* miles @ $0.66 $0.00 Equipment Costs (see Table 3) $170.00 Per Diems @ $0.00 Reimbursable Costs Other Travel, Subsistence trips @ $0.00 Express Mail, Deliveries $32.00 Maps and Aerial Photos $0.00 Outside Copying, Blueprint $0.00 Outside Consultants $0.00 Analytical Laboratory Fees $0.00 Materials and Supplies $0.00 Permits, Licenses or Agency Inspection fees client responsibility $0.00 Printing+ $0.00 Other $0.00 Expenses Subtotall $548.50 ESTIMATED TOTAL 1 $50,000 207219 budget and schedule 11-13-09,xls, Table 2, 11/13/2009 @2009 Balance Hydrologics, Inc. Table 3. Equipment Rental Costs City of Ukiah Wastewater Trealtueut Plaut Percolation Pond Hydrogeologic Study Phase 2 Mendocino County, CA Field Equipment Current meter and flow -measuring equipment SCT or conductivity meter Dissolved oxygen meter Turbidity meter/probe Digital camera Field GPS unit Electrical water -level indicator ("sounder") Water -levet recorders Datalogger with two transducers Additional transducers Specific conductance + temperature sensor option Solar power option Self-contained datalogger for well installation Samplers Hand-held suspended -sediment sampler (DH -48; DH59) High-flow suspended -sediment sampler (D49, D74) Hand-held bedload sampler (Helley-Smith) High-flow bedload sampler (Helley-Smith) Hand -auger soil -sampling array (mud and multiple barrels) Soft -sediment core sampler Water quality sampler (DH -81) Field filtering equipment Surveying equipment Level -transit or automatic level, tripod, rod Total station Miscellaneous Staff plates $64 ea Rain gage for use with water -level datalogger Self-contained datalogging rain gage Cutthroat portable flume Other Equipment $60 $30 $30 $50 Total Rental Charges $170 Notes: Rates for other equipment or for other rental periods an: available (see Balance form 305). Discounts are sometimes given on projects with extensive instrumentation or formulti year projects. 207219 budget and schedule 11-13-09.xis, Table 3 , 11/13/2009 02009 Balance Hydrologics, Inc. �N�m 'a {'Ci w c . O y A N 0 Oo µ- 0 00 0 0 0 $45 ! $150 $300 $30 i2 $75 j $200 $35 $100 $250 $35 ! $100 $250 $15 2 $45 $100 $15 2 $45 $100 $25 j2 i $75 $150 i $200 $800 $1,8001 E I $2,200; $60 $200 $500 $700 $50 $150 $300 $400 n/a n/a $150 ' $200 $50 $200 $400 $500 $35 $100 $250 $120 $200 $400 $35 $100 $250 i $120 $200 $400 $30 $120 ! $40 $150 $35 $100 I $250 $15 $50 f $80 $60 I $210 ( i ! $80 $280 i I $20 $50 $150 I $200 j $30 $100 $250: $350 $35 1 $100 $200 $60 $30 $30 $50 Total Rental Charges $170 Notes: Rates for other equipment or for other rental periods an: available (see Balance form 305). Discounts are sometimes given on projects with extensive instrumentation or formulti year projects. 207219 budget and schedule 11-13-09.xis, Table 3 , 11/13/2009 02009 Balance Hydrologics, Inc. C) 1= — (11 O O Gi EC tZI, pr td C) 1= — (11 WIF MEETING DATE: city cJ,-,uki:ah AGENDA SUMMARY REPORT 1• 12/2/2009 SUBJECT: REPORT TO COUNCIL REGARDING STATUS OF SERVICES FOR MANAGEMENT ANALYST ASSISTANCE Background: At the Council meeting of October 21, 2009, the City Council approved the release of a Request for Professional Services for Management Analysis Services. The ASR from that meeting is attached. Discussion: In the process of developing the RFP for the services, the City Manager identified an alternative means to obtaining a portion of the services required. A temporary employee has been hired under the City Manager's budget authority to immediately begin work on items related to annexation, financial analysis, financial planning, process ( operational) analysis, consolidation and sharing of service delivery, districting, and tax sharing analysis and planning ( items 1,2,5,6,8, and 9 of the 10/21/09 ASR). The temporary employee who is doing this work has worked with the City before as part of the tax sharing agreement discussions with the County of Mendocino. This person is familiar with Ukiah and its financial system, and has the technical skills and experience to assist staff immediately with data gathering and analysis. Work can begin on these items under the City Manager's contractual services account which has a $10,000 appropriation for the 2009/2010 year. It is estimated at this time that to complete the work items 1, 2, 5, 6, 8, and 9, will require a total of $35,000. There is currently $10,000 budgeted under the City Manager's department for contract services, leaving a balance of approximately $25,000. The City Manager will return to the City Council for an appropriation of additional funds at a later time once the work has begun and an accurate assessment of further work remaining can be made. Prior to returning to Council for further appropriation, the City Manager will determine if an RFP for any additional services not being addressed is necessary. There is a need for project management services in connection with the purchase and conversion of the City's financial system to a new software platform. It may be that an RFP combining these services with any others that remain necessary will be the most cost effective means of achieving this assistance. Continued on Page 2 Recommended Action(s): The City Council receive this report and advise the City Manager of any issues and/or concerns related to the report. Alternative Council Option(s): Citizens advised: Requested by: Prepared by: Jane Chambers, City Manager Coordinated with: Attachments: October 21, 2009 Agenda Summary Report Approved:.��i�-2��� Ja Chambers, City Manager Subject: Report To Council Regarding Status Of Services For Management Analyst Assistance Meeting Date: December 2, 2009 Page 2 of 2 By taking the course of action to hire a temporary employee to complete much of the work originally requested under consultant services, assistance can begin immediately and will be performed by a person with the expertise and experience in Ukiah. The current complex business and financial issues will be addressed at a probable lower cost than if bundled together in the consultant contract, making the highest and most effective use of funds available. Fiscal Impact: a Budgeted FY 09/10 F New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested $ 10,000 General Fund 100 Dept 1201 100-1201-250 +r. ITEM N I MEETING DAT City af-'Zikiah AGENDA SUMMARY REPORI ATTACMEW. l OR October 21, 2009 SUBJECT: AUTHORIZE THE CITY MANAGER TO DEVELOP AND RELEASE A REQUEST FOR PROPOSAL FOR MANAGEMENT ANALYSIS SERVICES TO BE UTILIZED ON AN AS -NEEDED BASIS. As City Council is aware, staff and Council have identified several significant business and operational areas where it is imperative in the best interest of the community, that certain tasks be accomplished in FY 2009-2010, and/or early FY 2010-2011. These tasks include the purchase and implementation of a new financial system, as well as major re -organization and budgetary adjustments to address the current financial constraints and difficulties facing the City. These significant tasks alone could consume most of senior management staff time, but must be accomplished in addition to both routine and project related issues already in progress. In order to complete a number of essential tasks that must be addressed in the next few months, it is important to set in place the ability to call upon specialized management analysis services on an as -needed basis. Given limited staffing resources and the complexity of issues currently facing the City, procuring professional services to provide management analysis, spread sheet documentation, and project coordination to assist senior city staff will assure that all critical tasks facing the organization can be achieved in a timely fashion. A proposal for services is being developed, and it is anticipated, can be issued and brought to the City Council for award by the second meeting in November. Staff is also preparing at this time, a request for services to assist in the area of delivering information technology services. A portion of services needed to assure the implementation of a new financial system ( technical support) will be a part of that request for service. Both City Council and city staff are faced with an extraordinary number of decisions and actions needed to address the issues facing the city at this time. Procurement of expertise and business analysis services will provide the capacity necessary for city staff to bring these issues forward with sound recommendations for Council and community consideration. Services that will be included in the request for proposals are: Continued on Paae 2 Recommended Action(s): Authorize The City Manager To Develop And Release A Request For Proposal For Management Analysis Services To Be Utilized On An As -Needed Basis. Alternative Council Option(s): Identify Alternative Method Of Providing Services. Citizens advised: Requested by: Prepared by: Jane Chambers, City Manager Coordinated with: Sage Sangiacomo, Assistant City Manager Attachments: Approved: Jane Chambers, City Manager Subject: Proposal for Management Services Meeting Date: October 21, 2009 Page 2 1. Financial system implementation and project management 2. Analysis and integration support for the consolidation and sharing of services 3. Annexation, districting, and tax sharing analysis and planning. 4. Organizational review and analysis to identify and implement best business practices, cost savings, improvements to an operation or program's efficiency and effectiveness. 5. Analysis and advice with respect to alternative service delivery proposals for the City, including analysis of costs, benefits, timing and other impacts. The services requested are active cost analysis and gathering of essential data for decision making, and will be utilized by staff as an integral part of bringing recommendations forward to the Council. It is anticipated that the services will be charged on a project by project basis and/or hourly basis similar to the process being used to pay for professional services rendered for redevelopment activities. The source of funding for the proposed services will be outlined in the staff report recommending award. Fiscal Impact: Budgeted FY 09/10 New F1Not ApplicableF1 Budget Amendment Appropriation Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested ITEM NO.: Ila MEETING DATE: December 2, 2009 City q1"ZIkiah AGENDA SUMMARY REPORT SUBJECT: SELECTION OF CONSULTANT TO PREPARE ENVIRONMENTAL IMPACT REPORT FOR THE WALMART EXPANSION PROJECT, APPROVAL OF DRAFT PROFESSIONAL SERVICES CONTRACT, AND APPROVAL OF BUDGET AMENDMENT SUMMARY: Wal-Mart has applied for a Site Development Permit to expand its existing store on Airport Park Boulevard from approximately 109,000 square feet to approximately 160,000 square feet. The primary purposes of the expansion are to accommodate grocery sales and to enlarge the general merchandise area. The proposal also includes increasing the store hours to 24 -hours a day, seven days a week. Staff determined that an applicant funded Environmental Impact Report (EIR) was required for the project, and the applicants agreed. This agenda item is seeking City Council approval of the consulting firm to prepare the EIR, approval of the draft professional services contract, and a budget amendment to account for the applicant's deposit of the funds and the subsequent expenditures to the consulting firm, as well as the receipt of funds for City Staff to manage the EIR process. CONSULTANT RECRUITMENT AND SELECTION: Staff distributed a Request for Proposals to 12 environmental consulting firms and 7 firms responded with bid proposals. Staff reviewed and ranked the proposals, and selected 3 firms for personal interviews. All 3 of the firms were highly qualified with relevant California Wal-Mart project experience. Staff conducted intensive interviews with the prospective consulting teams and ranked them based on their approach to the project, technical expertise, Wal-Mart EIR experience, ability to work with a diverse community, overall team "chemistry," and other criteria. At the end of the interviews, the firm of Environmental Sciences Associates (ESA) ranked number 1 and Staff is recommending that the City Council select this firm to prepare the EIR for the project. COST OF EIR: The project sponsors are required to pay the full cost of the EIR, which includes the fees charged by the consulting firm, as well as a 15% administration fee paid to the City for Staff to manage the process. ESA's cost for preparing the document as indicated in the Scope of Work (Attached), is $369,165.00. The 15% administration fee is $55,374.75, for a total cost to the applicants of $424,539.75. Continued on Paae 2 Recommended Action(s): 1) Select ESA to prepare the Wal-Mart expansion project EIR; 2) Approve the Draft Contract with ESA; and 3) Approve the recommended budget amendment to account for the revenue and expenditures. Alternative Council Option(s): Provide alternative direction to Staff. Citizens advised: NIA Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Jane Chambers, City Manager, David Rapport, City Attorney, and Gordon Elton, Finance Director Attachments: 1) Draft Contract and Scope of Work Approved: —01114- L_ ---- J Chambers, City Manager Fiscal Impact: Budgeted FY 09/10 1-1 New Appropriation F-1 Not Applicable 7 Budget Amendment Required Amount Budgeted 2009-2010: $0 Amount to be Budgeted: $369,165.00 for EIR Account No. $55,374.75 for Staff Administration Account No. Total Cost for EIR: $424,539.75 Source of Funds: Project Sponsors (Wal-Mart) 100% SCOPE OF WORK: The EIR for this project will be detailed and comprehensive. It will include all the relevant environmental topics and elements required by the California Environmental Quality Act, including an urban decay analysis to determine if the proposal would result in closures of existing businesses that would lead to degredated buildings and urban blight. The Scope of Work also includes the preparation of required notices. a general fund fiscal analysis, and an independent legal review. The project sponsors have agreed with the Scope of Work and are prepared to submit the fees once the Council approves the draft contract. BUDGET AMENDMENT: As indicated above the budget amendment is necessary because the 2009- 2010 adopted budget did not account for the revenue that will be submitted to the City by the project sponsors or the expenditures that will be made from that revenue to the consulting firm. The project will not require any funding from the City. CONTRACT: Staff and the City Attorney have prepared a draft professional services contract, and have worked with ESA to finalize its language. The draft contract is included as Attachment No. 1. THE PROCESS: Once the contract is ready to execute, the project sponsors must submit the total fees required for the preparation of the EIR. When the fees are received, execution of the contract will follow and Staff will authorize the consultants to proceed with work. There are many required steps in the CEQA process, and many important information review tasks. The total process from contract execution to certification of the EIR is anticipated to take approximately 1 -year. WHAT IS AN EIR?: An Environmental Impact Report is an informational document not a policy document. The purpose of an EIR is to provide public agencies and the general public with detailed information about the effect a proposed project is likely to have on the environment (air quality, traffic, hydrology, soils/geology, aesthetics, etc.); to list ways in which the significant effects could be minimized; and to indicate alternatives to the proposed project. It is very important that the EIR be written in an understandable and useable way. One deciding factor that in Staff's opinion elevated ESA to the top ranking firm was their commitment and sense of responsibility to prepare a document that is not only legally adequate, but readable and understandable to the public at large. DESCRIPTION OF PROPOSED PROJECT: (See next page). 14 The proposed project preludes severa-I physical alterations and irlprovenlenLs to the =sdug share and bdjact,-rit exterior ar a,& 71jetdgm,g store would be enlarged by approximately 47,00 square feet for a total storr, area of approximate) y )56,600 sqwarc; feet., 14owevu, m, order to provide a cO0WrVt3fivc analYsis, the EIR would evaluate a. maximum building size of 161,3150 square Ieet, as (]irccted in the RFP. The enlarged store, would include 4< fall scrin-ce grocery sales areA, an indoor - rd tr ndoorrden eciater, and an eala aildd. outdoor garden contem The general merchandise, sales area would also increase lay about 11,000 squamPbeL A new loading dock wool d replace the exis(ing duck and the number of doors would expand Own two to four, Tbo existing tire and tube neuter' would be removed in order to provide Space for the groccry stales Door area., Alcohol sales and medical eprat cavis iori Beater uses may ats-, t o he,,jcjded as p�jrt of bV projeatIn addition; storto24-haurs a day, seven days ohmas would incrasc, t a, week - Exterior Triodifications would iuclude a new, centtralized cunrcd 'brand wall" and other fagade up ties and signkpimprovernents. New taud, scaping and pedestrian amenities such as soadug arca.5 and canopies would also be included in the projeot design. Ex-isting light poles would n brit t , 0 lutuinarits would Im replaced with 1,000 wait fixtures, The project would incorporttic a number of sastaiinability features inoluding but not Iianjttd, to the use of skylights and nigbdirdat dirinming uc v unergy cifficicat HVA units, salarrelective coating on the storcroof, tostallation, of high afficlanq waccr fixturesitse or recycled building materiuls, and LED signage illumination, Various infrastructure impmireinetits are planned such as relocation of a portion of the existing on-site water line ai-1,4 fue hydmmand installation of a gri:i!sc interceptor to serve the. new 'grocery use.. waisting sand oil interceptor would he removed concumut with removal of the tire and lubc center. Parking currently consisrs or 567 sPacess- Thu project would include an additiQuai 76 spaces fort, a total of 64-1- Existing AD.A. parking spaces would be improved and located near building, ent-Typuints and bicycle parking would bel rovided as required by the City, Existing site ar-c css Ai ftoni r jport P11* Boulevard :trod Commerce Drive woti Id romain unchanged under the projecL A new 25-fbot wide paved access would be constructed to 'Lie = of the huflAing-for (Idivary tuck and fire access. 3 Proposals Received in Response to the RFP FIRM LOCATION PROPOSED COST Environmental Science Associates * Sacramento, CA $265,213 / Final: $369,165 Michael Brandman Associates* San Ramon, CA $308,500 / Final: $363,850 Impact Sciences* Oakland, CA $287,050 / Final: $348,050 Pacific Municipal Consultants Davis, CA $169,944 Leonard Charles & Associates San Anselmo, CA $445,619 Raney Planning & Management Sacramento, CA $191,254 Analytical Environmental Services Sacramento, CA $265,213 These 3 firms were personally interviewed and the column to the right indicates their initial and final proposed costs. Recommended Action(s): 1) Select ESA to prepare the Wal-Mart expansion project EIR; 2) Approve the Draft Contract with ESA; 3) Approve the recommended budget amendment to account for the revenue and expenditures. n �Y loft ., ..kill This agreement shall be considered a contract, and is entered into this day of 2009, by and between the CITY OF UKIAH, a general law municipal corporation, hereinafter referred to as "CITY" and Environmental Science Associates (ESA), a California Corporation, hereinafter referred to as the "CONSULTANT." PREMISES The purpose of this agreement is the preparation and completion by CONSULTANT of a n Environmental Impact Report for the Ukiah Walmart Expansion Project (SDP 09-28). The scope of work is more particularly described in the Exhibit "A", attached to this agreement. The Environmental Impact Report prepared by the CONSULTANT shall be prepared in such form and with such content to be consistent with the requirements of the California Environmental Quality Act (CEQA). CITY may retain independent contractor to perform special services for CITY or any department thereof. CONSULTANT is willing and able to perform duties and render services in preparation and completion the Environmental Impact Report. This work has been determined to be required by the City Council to be necessary for the welfare of residents of the CITY. CITY believes the provision of these services to the residents is in their best interests, and CONSULTANT agrees to perform such duties and render such services as outlined below: CITY and CONSULTANT agree as follows: ARTICLE 1 SERVICES OF CONSULTANT 1.01 CONSULTANT shall provide those technical, expert, and professional Environmental Impact Report services as described in Exhibit "A," which consists of the scope of services, dated September 28, 2009, which is attached hereto as Exhibit "A" and incorporated herein. CONSULTANT shall provide such services within the time limits described below. 1.02 The absence, omission, or failure to include in this agreement items which are considered to be a part of normal procedure for a study of this type or which involve professional judgement, shall not be used as a basis for submission of inadequate work or incomplete performance. 1.03 CITY relies upon the professional ability and stated experience of CONSULTANT as a material inducement to entering into this agreement. CONSULTANT understands the use to which the CITY will put his work product and hereby warrants that all information contained in the Environmental Impact Report shall be made and prepared in accordance with generally accepted professional practices. 1.04 CONSULTANT shall bear the cost of reproduction and postage pursuant to the provisions detailed in the Scope of Work identified as Exhibit "A." 1.05 CONSULTANT shall delivery Draft and Final copies of the Notice of Availability and the Notice of Completion. CONSULTANT shall deliver fifty (50) copies and fifteen (15) electronic copies (MS Word/PDF) of the ADEIR on CD in substantial compliance with the timeframe indicated in the timeline chart included in Exhibit "A." CONSULTANT shall deliver ten (10) printed copies and five (5) electronic copies (MS Word/PDF) of the Final Draft Environmental Impact Report on CD in substantial compliance with the timeframe indicated in the timeline chart included in Exhibit "A." CONSULTANT shall deliver (50) copies and fifteen (15) electronic copies (MS Word/PDF) of the ADEIR on CD in substantial compliance with the timeframe indicated in the timeline chart included in Exhibit "A." 1.07 CONSULTANT shall perform any additional services as may be required due to significant changes in general scope of the project. Such additional services shall be paid for by supplemental agreement and shall conform to the rates of payment specified in Article V below. ARTICLE II SERVICES OF CITY 2.01 CITY shall provide any information as to its requirements for performance of the agreement not already contained in Exhibit "A." 2.02 Upon request, CITY shall provide CONSULTANT any information in its possession or reasonably available to it that consultant may need to perform services under this agreement. ARTICLE III TERM OF AGREEMENT 3.01 The term of this agreement shall commence on the effective date and shall terminate when the CITY has formally accepted and certified the Final Environmental Impact Report for the Ukiah WalMart Expansion Project (SDP 09-28) P" This agreement may be extended on its same terms and conditions upon written agreement between the City Director of Planning and Community Development and CONSULTANT. 3.02 The execution of this agreement by the CITY shall constitute the CONSULTANT'S authority to proceed immediately with the performance of the work described by Exhibit "A." 3.03 All work by CONSULTANT shall be completed pursuant to Exhibit "A" and paragraph 1.05 above in a reasonable timeframe according to the timeline contained in Exhibit "A." CONSULTANT shall not be held responsible for delays caused by circumstances beyond its control. 3.04 CONSULTANT acknowledges that timely performance of services is an important element of this agreement and will perform services in a timely manner as provided in paragraph 1.05 above and Exhibit "A.", and consistent with sound professional practices. 3.05 If CITY requests significant modifications or changes in the scope of this project the time of performance shall be adjusted appropriately. The number of days of said extension shall be the final decision of CITY. ARTICLE IV COST OF SERVICES 4.01 CONSULTANT has been selected by the CITY to provide services described in Exhibit 'A," attached hereto and incorporated herein by reference, for which compensation shall not exceed $369,165.00. 4.02 Cost overruns or failure to perform within the maximum compensation ceiling established in 4.01 above shall not relieve CONSULTANT of responsibility to provide those services specified in Exhibit "A", for a total compensation including reimbursable expenses not to exceed $369,165.00. 4.03 If unanticipated additional work is required and agreed to by both CITY and CONSULTANT, CONSULTANT shall submit a supplemental bid proposal for the additional work, and the City Director of Planning and Community Development shall have the authority to authorize the additional work. ARTICLE V PAYMENT FOR SERVICES 5.01 CITY shall pay CONSULTANT for work required for satisfactory completion of this agreement in amount to be determined in accordance with the method described in paragraph 5.02 below. 5.02 Payment scheduling: Total payment not to exceed $369,165.00. Fees for professional services as outlined herein shall be paid on a time and materials basis. 3 A detailed explanation of services and associated fees shall be listed on each invoice submitted by CONSULTANT. 5.03 Payment to CONSULTANT shall be based on an itemized invoice submitted monthly by CONSULTANT. 5.04 Payments will be made by CITY within thirty (30) days of receipt of invoice from CONSULTANT. ARTICLE VI PROJECT INSPECTION AND ACCOUNTING RECORDS 6.01 Duly authorized representatives of the CITY shall have right of access to the CONSULTANT'S files and records relating to the project included in the agreement and may review the work at appropriate stages during performance of the work. 6.02 CONSULTANT must maintain accounting records and other evidence pertaining to costs incurred, which records and documents shall be kept available at the CONSULTANT'S California office during the contract period and thereafter for three (3) years from the date of final payment. ARTICLE VII IMPOSITION OF • 7.01 All documents and associated materials and backup data as required by this agreement shall be and shall remain the sole property of CITY. 7.02 CONSULTANT'S attention is directed to the required notice under Government Code Section 7550, which states in part that "any documents or written reports prepared as a requirement of this contract shall contain, in a separate section preceding the main body of the document, the number and dollar amounts of all contracts and subcontracts relating to the preparation of those documents or reports if the total cost for work by non -employees of the public agency exceeds $5,000.00." ARTICLE Vill 8.01 At any time CITY may suspend indefinitely or abandon the project, or any part thereof, and may require CONSULTANT to suspend the performance of the service. In the event the CITY abandons or suspends the project, CONSULTANT shall receive compensation for services rendered to date of abandonment and suspension in accordance with the provisions of Sections 5.01, 5.02, and 5.03 herein. lH 8.02 It is understood and agreed that should CITY determine that any part of the work involved in the program is to be suspended indefinitely, abandoned, or canceled, said agreement shall be amended accordingly. Such abandonment or cancellation of a portion of the program shall in no way void or invalidate this agreement as it applies to any remaining portion of the project. 8.03 If, in the opinion of the CITY, the CONSULTANT fails to perform or provide prompt, efficient, and thorough service, or if CONSULTANT fails to complete the work within the time limits provided, CITY shall have the right to give notice in writing to CONSULTANT of its intention to terminate this agreement. The notice shall be delivered to CONSULTANT at least seven (7) days prior to the date of termination specified in the notice. Upon such termination, CITY shall have the right to take CONSULTANT'S studies and reports insofar as they are complete and acceptable to CITY, and pay CONSULTANT for his performance rendered, in accordance with Sections 5.01, 5.02, and 5.03 herein, prior to the delivery of the notice of intent to terminate, less the amount of damages, general or consequential, which CITY may sustain as a result of CONSULTANT'S failure to satisfactorily perform his obligations under this agreement. ARTICLE IX RESPONSIBILITY FOR CLAIMS AND LIABILITIES 9.01 HOLD HARMLESS: The CONSULTANT shall indemnify and hold harmless the CITY, its agents, officers, and employees against and from any and all claims, lawsuits, actions, liability, damages, losses, expenses, and costs (including but not limited to attorney's fees), brought for, or on account of, injuries to or death of any person or persons including employees of the CONSULTANT, or injuries to or destruction of property, arising out of, or resulting from, the performance of the work described herein, provided that any such claim, lawsuit, action, liability, damage, loss, expense, or cost is caused in whole or in part by any negligent or intentional wrongful act or omission of the CONSULTANT, any subcontractor, anyone directly or indirectly employed by any of them, or any for whose acts any of them may be liable. CONSULTANT shall have no duty to indemnify or defend CITY under this paragraph if to the extent the damage or injury is caused by the active and or sole negligence or willfully wrongful act or omission of CITY or its officers or employees. CITY agrees to timely notify CONSULTANT of any such claim and to cooperate with CONS1 ULTANT to allow CONSULTANT to defend such a claim. ARTICLE X INSURANCE 10.01 CONSULTANT, at its expense, shall secure and maintain at all times during the entire period of performance of this agreement, insurance as set forth in Exhibit "B", attached hereto, and incorporated herein by reference. 5 ARTICLE XI GENERAL COMPLIANCE WITH LAWS 11.01 It is understood and agreed that the CONSULTANT will comply with all federal, state and local laws and ordinances as may be applicable to the performance of work under this agreement. 11.02 CONSULTANT shall secure a City of Ukiah Business License prior to commencing work. ARTICLE XIII NONDISCRIMINATION 12.01 CONSULTANT certifies that it is in compliance with the Equal Employment Opportunity Requirement of Executive Order 11246, as amended by Executive Order 11375, Title VII of the Civil Rights Act of 1964, the California Fair Employment Practices Act, and any other Federal or State laws pertaining to equal employment opportunity and that it will not discriminate against any employee or applicant for employment on the basis of race, color, religion, handicap, age sex, national origin, or ancestry, in matters pertaining to recruitment, hiring, training, upgrading, transfer, compensation, or termination. 12.02 In the event of the CONSULTANT'S noncompliance with the nondiscrimination provisions of this agreement, the CITY shall impose such contact sanctions as it may determine to be appropriate including, but not limited to: a. Withholding of payments to the CONSULTANT under the agreement until the CONSULTANT complies, and/or b. Cancellation, termination, or suspension of the Agreement in whole or in part. kl 13.01 The CONSULTANT, in accordance with its status as an independent contractor, covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as nor claim to be an officer or employee of the CITY by reason hereof, and that it will not by reason hereof, make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the CITY including, but not limited to, worker's compensation coverage, unemployment benefits, and retirement membership or credit. ARTICLE XV SUCCESSOR AND ASSIGNMENTS 14.01 The CITY and the CONSULTANT each binds itself, its partners, successors, and executors, administrators, and assigns to the other party to this agreement, and to Ii. ITEM NO.: lla PT MEETING DATE: December 2, 2009 AGENDA SUMMARY REPORT SUBJECT: SELECTION OF CONSULTANT TO PREPARE ENVIRONMENTAL IMPACT REPORT FOR THE WALMART EXPANSION PROJECT, APPROVAL OF DRAFT PROFESSIONAL SERVICES CONTRACT, AND APPROVAL OF BUDGET AMENDMENT SUMMARY: Wal-Mart has applied for a Site Development Permit to expand its existing store on Airport Park Boulevard from approximately 109,000 square feet to approximately 160,000 square feet. The primary purposes of the expansion are to accommodate grocery sales and to enlarge the general merchandise area. The proposal also includes increasing the store hours to 24 -hours a day, seven days a week. Staff determined that an applicant funded Environmental Impact Report (EIR) was required for the project, and the applicants agreed. This agenda item is seeking City Council approval of the consulting firm to prepare the EIR, approval of the draft professional services contract, and a budget amendment to account for the applicant's deposit of the funds and the subsequent expenditures to the consulting firm, as well as the receipt of funds for City Staff to manage the EIR process. CONSULTANT RECRUITMENT AND SELECTION: Staff distributed a Request for Proposals to 12 environmental consulting firms and 7 firms responded with bid proposals. Staff reviewed and ranked the proposals, and selected 3 firms for personal interviews. All 3 of the firms were highly qualified with relevant California Wal-Mart project experience. Staff conducted intensive interviews with the prospective consulting teams and ranked them based on their approach to the project, technical expertise, Wal-Mart EIR experience, ability to work with a diverse community, overall team "chemistry," and other criteria. At the end of the interviews, the firm of Environmental Sciences Associates (ESA) ranked number 1 and Staff is recommending that the City Council select this firm to prepare the EIR for the project. COST OF EIR: The project sponsors are required to pay the full cost of the EIR, which includes the fees charged by the consulting firm, as well as a 15% administration fee paid to the City for Staff to manage the process. ESA's cost for preparing the document as indicated in the Scope of Work (Attached), is $369,165.00. The 15% administration fee is $55,374.75, for a total cost to the applicants of $424,539.75. Continued on Page 2 Recommended Action(s): 1) Select ESA to prepare the Wal-Mart expansion project EIR; 2) Approve the Draft Contract with ESA; and 3) Approve the recommended budget amendment to account for the revenue and expenditures. Alternative Council O.ption(s): Provide alternative direction to Staff. Citizens advised: N/A Requested by: Charley Stump, Director of Planning and Community Development Prepared by: Charley Stump, Director of Planning and Community Development Coordinated with: Jane Chambers, City Manager, David Rapport, City Attorney, and Gordon Elton, Finance Director Attachments: 1) Draft Contract and Scope of Work Approved: Jeff Chambers, City Manager Fiscal Impact: H Budgeted FY 09/10 F-1 New Appropriation Not Applicable I X] Budget Amendment Required Amount Budgeted 2009-2010: $0 Amount to be Budgeted: $369,165.00 for EIR Account No. $55,374.75 for Staff Administration Account No. Total Cost for EIR: $424,539.75 Source of Funds: Project Sponsors (Wal-Mart) 100% SCOPE OF WORK: The EIR for this project will be detailed and comprehensive. It will include all the relevant environmental topics and elements required by the California Environmental Quality Act, including an urban decay analysis to determine if the proposal would result in closures of existing businesses that would lead to degredated buildings and urban blight. The Scope of Work also includes the preparation of required notices. a general fund fiscal analysis, and an independent legal review. The project sponsors have agreed with the Scope of Work and are prepared to submit the fees once the Council approves the draft contract. BUDGET AMENDMENT: As indicated above the budget amendment is necessary because the 2009- 2010 adopted budget did not account for the revenue that will be submitted to the City by the project sponsors or the expenditures that will be made from that revenue to the consulting firm. The project will not require any funding from the City. CONTRACT: Staff and the City Attorney have prepared a draft professional services contract, and have worked with ESA to finalize its language. The draft contract is included as Attachment No. 1. THE PROCESS: Once the contract is ready to execute, the project sponsors must submit the total fees required for the preparation of the EIR. When the fees are received, execution of the contract will follow and Staff will authorize the consultants to proceed with work. There are many required steps in the CEQA process, and many important information review tasks. The total process from contract execution to certification of the EIR is anticipated to take approximately 1 -year. WHAT IS AN EIR?: An Environmental Impact Report is an informational document not a policy document. The purpose of an EIR is to provide public agencies and the general public with detailed information about the effect a proposed project is likely to have on the environment (air quality, traffic, hydrology, soils/geology, aesthetics, etc.); to list ways in which the significant effects could be minimized; and to indicate alternatives to the proposed project. It is very important that the EIR be written in an understandable and useable way. One deciding factor that in Staff's opinion elevated ESA to the top ranking firm was their commitment and sense of responsibility to prepare a document that is not only legally adequate, but readable and understandable to the public at large. DESCRIPTION OF PROPOSED PROJECT: (See next page). 2 Proposed Project The prnpased project'includes several physical altorations and improvenients )e l exi in store ,, st g. t would be enlarged by approximately 47,600square feet for atotal store area of approximately 156,600 Square W, However, in order to provide a conservative analysis, the OR would evaluate a maximum bitilding size of 161,350 square feet, as directed in the IFP'. The cularged store would include it full service grocery sales area, an ndoor garden center, and. an expanded out -door garden etater. The general niero4andisesales; area. would also increase J)y about 11,000 square feet. A new loading dock would replooe the ex '.,ist.w g d and the number of doors would expand ftom wio to four, 'file existing tire and lube rater would be removed in order to provide space for the grocery salasfjoar area. Alcobol sales andmedical cfinic lsioa center uses may a Isohe added as pall of the pitiject. In addition., stom, hours would increase to 24 -hours a day, seven days ,a week. Exterior modifications would include a new centralized. curved "brand. wall" and otiacrfaqade upgrades And siguage improvements. New lands and pert *81ti RIM k1manifies such as seatilIg areas and canopies would also bD included in the project desi ftsth)g ligbt polis would remain. but gm lutydnafies would be replaced with 1,000 watt fixtures, The projectwould filuorponte a nuinberof sustiindbility features includis, butnot Ifinited to the use GfskyliSbIs and nigbtlight dimm'Ag, new energy W11cierifflVAC twits, Solar reflective coating on the stare roofinstallation. of bo efficiency water fixtures, use of recycled building materials, and LED Wous infrOstniotUte inaprovemouts are planned such as relocation of a Portion Of the existing on-site water line and fire hydnint, an4 installation cif 2 9MLSO interceptor to serve the new grocery use. An, exi ' sting sand oil interceptor would be removed concurrent with removal of the tire and lube center. Parking curmady consists of 567 spaces, Tho project would include an additional, 76 spaces for a total of 643, existing ADA paddrig spaces would be improved and located near building entry points and bicycleparking would be provided as required by the Cita, Existing site acocss, ftm Airport Park Boulevard and Commerce Drive, would. remain un6angedunder the prqject.. A new 25-1bot wide paved access would be constructed to the rear of the building for delivery (ruck and fire access. Proposals Received in Response to the RFP FIRM LOCATION PROPOSED COST Environmental Science Associates * Sacramento, CA $265,213 / Final: $369,165 Michael Brandman Associates* San Ramon, CA $308,500 / Final: $363,850 Impact Sciences* Oakland, CA $287,050 / Final: $348,050 Pacific Municipal Consultants Davis, CA $169,944 Leonard Charles & Associates San Anselmo, CA $445,619 Raney Planning & Management Sacramento, CA $191,254 Analytical Environmental Services Sacramento, CA $265,213 • These 3 firms were personally interviewed and the column to the right indicates their initial and final proposed costs. Recommended Action(s): 1) Select ESA to prepare the Wal-Mart expansion project EIR; 2) Approve the Draft Contract with ESA; 3) Approve the recommended budget amendment to account for the revenue and expenditures. I! Ci $ 1 jah AGREEMENT FOR PROFESSIONAL SERVICES PREPARATION OF AN ENVIRONMENTAL 'IMPACT REPORT UKIAH WALMART EXPANSION PROJECT (SDP 09-28) This agreement shall be considered a contract, and is entered into this day of 2009, by and between the CITY OF UKIAH, a general law municipal corporation, hereinafter referred to as "CITY" and Environmental Science Associates (ESA), a California Corporation, hereinafter referred to as the "CONSULTANT." PREMISES The purpose of this agreement is the preparation and completion by CONSULTANT of a n Environmental Impact Report for the Ukiah Walmart Expansion Project (SDP 09-28). The scope of work is more particularly described in the Exhibit "A", attached to this agreement. The Environmental Impact Report prepared by the CONSULTANT shall be prepared in such form and with such content to be consistent with the requirements of the California Environmental Quality Act (CEQA). CITY may retain independent contractor to perform special services for CITY or any department thereof. CONSULTANT is willing and able to perform duties and render services in preparation and completion the Environmental Impact Report. This work has been determined to be required by the City Council to be necessary for the welfare of residents of the CITY. CITY believes the provision of these services to the residents is in their best interests, and CONSULTANT agrees to perform such duties and render such services as outlined below: AGREEMENT CITY and CONSULTANT agree as follows: ARTICLE 1 SERVICES OF CONSULTANT 1.01 CONSULTANT shall provide those technical, expert, and professional Environmental Impact Report services as described in Exhibit "A," which consists of the scope of services, dated September 28, 2009, which is attached hereto as Exhibit "A" and incorporated herein. CONSULTANT shall provide such services within the time limits described below. 1.02 The absence, omission, or failure to include in this agreement items which are considered to be a part of normal procedure for a study of this type or which involve professional judgement, shall not be used as a basis for submission of inadequate work or incomplete performance. 1.03 CITY relies upon the professional ability and stated experience of CONSULTANT as a material inducement to entering into this agreement. CONSULTANT understands the use to which the CITY will put his work product and hereby warrants that all information contained in the Environmental Impact Report shall be made and prepared in accordance with generally accepted professional practices. 1.04 CONSULTANT shall bear the cost of reproduction and postage pursuant to the provisions detailed in the Scope of Work identified as Exhibit "A." 1.05 CONSULTANT shall delivery Draft and Final copies of the Notice of Availability and the Notice of Completion. CONSULTANT shall deliver fifty (50) copies and fifteen (15) electronic copies (MS Word/PDF) of the ADEIR on CD in substantial compliance with the timeframe indicated in the timeline chart included in Exhibit "A." CONSULTANT shall deliver ten (10) printed copies and five (5) electronic copies (MS Word/PDF) of the Final Draft Environmental Impact Report on CD in substantial compliance with the timeframe indicated in the timeline chart included in Exhibit "A." CONSULTANT shall deliver (50) copies and fifteen (15) electronic copies (MS Word/PDF) of the ADEIR on CD in substantial compliance with the timeframe indicated in the timeline chart included in Exhibit "A." 1.07 CONSULTANT shall perform any additional services as may be required due to significant changes in general scope of the project. Such additional services shall be paid for by supplemental agreement and shall conform to the rates of payment specified in Article V below. ARTICLE II SERVICES OF CITY 2.01 CITY shall provide any information as to its requirements for performance of the agreement not already contained in Exhibit "A." 2.02 Upon request, CITY shall provide CONSULTANT any information in its possession or reasonably available to it that consultant may need to perform services under this agreement. ARTICLE III TERM OF AGREEMENT 3.01 The term of this agreement shall commence on the effective date and shall terminate when the CITY has formally accepted and certified the Final Environmental Impact Report for the Ukiah WalMart Expansion Project (SDP 09-28) 2 This agreement may be extended on its same terms and conditions upon written agreement between the City Director of Planning and Community Development and CONSULTANT. 3.02 The execution of this agreement by the CITY shall constitute the CONSULTANT'S authority to proceed immediately with the performance of the work described by Exhibit "A." 3.03 All work by CONSULTANT shall be completed pursuant to Exhibit "A" and paragraph 1.05 above in a reasonable timeframe according to the timeline contained in Exhibit "A." CONSULTANT shall not be held responsible for delays caused by circumstances beyond its control. 3.04 CONSULTANT acknowledges that timely performance of services is an important element of this agreement and will perform services in a timely manner as provided in paragraph 1.05 above and Exhibit "A.", and consistent with sound professional practices. 3.05 If CITY requests significant modifications or changes in the scope of this project the time of performance shall be adjusted appropriately. The number of days of said extension shall be the final decision of CITY. ARTICLE IV COST OF SERVICES 4.01 CONSULTANT has been selected by the CITY to provide services described in Exhibit 'A" attached hereto and incorporated herein by reference, for which compensation shall not exceed $369,165.00. 4.02 Cost overruns or failure to perform within the maximum compensation ceiling established in 4.01 above shall not relieve CONSULTANT of responsibility to provide those services specified in Exhibit "A", for a total compensation including reimbursable expenses not to exceed $369,165.00. 4.03 If unanticipated additional work is required and agreed to by both CITY and CONSULTANT, CONSULTANT shall submit a supplemental bid proposal for the additional work, and the City Director of Planning and Community Development shall have the authority to authorize the additional work. ARTICLE V PAYMENT FOR SERVICES 5.01 CITY shall pay CONSULTANT for work required for satisfactory completion of this agreement in amount to be determined in accordance with the method described in paragraph 5.02 below. 5.02 Payment scheduling: Total payment not to exceed $369,165.00. Fees for professional services as outlined herein shall be paid on a time and materials basis. 3 A detailed explanation of services and associated fees shall be listed on each invoice submitted by CONSULTANT. 5.03 Payment to CONSULTANT shall be based on an itemized invoice submitted monthly by CONSULTANT. 5.04 Payments will be made by CITY within thirty (30) days of receipt of invoice from CONSULTANT. ARTICLE VI PROJECT INSPECTION AND ACCOUNTING RECORDS 6.01 Duly authorized representatives of the CITY shall have right of access to the CONSULTANT'S files and records relating to the project included in the agreement and may review the work at appropriate stages during performance of the work. 6.02 CONSULTANT must maintain accounting records and other evidence pertaining to costs incurred, which records and documents shall be kept available at the CONSULTANT'S California office during the contract period and thereafterfor three (3) years from the date of final payment. ARTICLE VII DISPOSITION OF FINAL REPORTS 7.01 All documents and associated materials and backup data as required by this agreement shall be and shall remain the sole property of CITY. 7.02 CONSULTANT'S attention is directed to the required notice under Government Code Section 7550, which states in part that "any documents or written reports prepared as a requirement of this contract shall contain, in a separate section preceding the main body of the document, the number and dollar amounts of all contracts and subcontracts relating to the preparation of those documents or reports if the total cost for work by non -employees of the public agency exceeds $5,000.00." ARTICLE VIII TERMINATION OF AGREEMENT 8.01 At any time CITY may suspend indefinitely or abandon the project, or any part thereof, and may require CONSULTANT to suspend the performance of the service. In the event the CITY abandons or suspends the project, CONSULTANT shall receive compensation for services rendered to date of abandonment and suspension in accordance with the provisions of Sections 5.01, 5.02, and 5.03 herein. 4 8.02 It is understood and agreed that should CITY determine that any part of the work involved in the program is to be suspended indefinitely, abandoned, or canceled, said agreement shall be amended accordingly. Such abandonment or cancellation of a portion of the program shall in no way void or invalidate this agreement as it applies to any remaining portion of the project. 8.03 If, in the opinion of the CITY, the CONSULTANT fails to perform or provide prompt, efficient, and thorough service, or if CONSULTANT fails to complete the work within the time limits provided, CITY shall have the right to give notice in writing to _CONSULTANT of its intention to terminate this agreement. The notice shall be delivered to CONSULTANT at least seven (7) days prior to the date of termination specified in the notice. Upon such termination, CITY shall have the right to take CONSULTANT'S studies and reports insofar as they are complete and acceptable to CITY, and pay CONSULTANT for his performance rendered, in accordance with Sections 5.01, 5.02, and 5.03 herein, prior to the delivery of the notice of intent to terminate, less the amount of damages, general or consequential, which CITY may sustain as a result of CONSULTANT'S failure to satisfactorily perform his obligations under this agreement. ARTICLE IX RESPONSIBILITY FOR CLAIMS AND LIABILITIES 9.01 HOLD HARMLESS: The CONSULTANT shall indemnify and hold harmless the CITY, its agents, officers, and employees against and from any and all claims, lawsuits, actions, liability, damages, losses, expenses, and costs (including but not limited to attorney's fees), brought for, or on account of, injuries to or death of any person or persons including employees of the CONSULTANT, or injuries to or destruction of property, arising out of, or resulting from, the performance of the work described herein, provided that any such claim, lawsuit, action, liability, damage, loss, expense, or cost is caused in whole or in part by any negligent or intentional wrongful act or omission of the CONSULTANT, any subcontractor, anyone directly or indirectly employed by any of them, or any for whose acts any of them may be liable. CONSULTANT shall have no duty to indemnify or defend CITY under this paragraph if to the extent the damage or injury is caused by the active and or sole negligence or willfully wrongful act or omission of CITY or its officers or employees. CITY agrees to timely notify CONSULTANT of any such claim and to cooperate with CONS1 ULTANT to allow CONSULTANT to defend such a claim. ARTICLE X INSURANCE 10.01 CONSULTANT, at its expense, shall secure and maintain at all times during the entire period of performance of this agreement, insurance as set forth in Exhibit "B", attached hereto, and incorporated herein by reference. 5 ARTICLE XI GENERAL COMPLIANCE WITH LAWS 11.01 It is understood and agreed that the CONSULTANT will comply with all federal, state and local laws and ordinances as may be applicable to the performance of work under this agreement. 11.02 CONSULTANT shall secure a City of Ukiah Business License prior to commencing work. ARTICLE XIII NONDISCRIMINATION 12.01 CONSULTANT certifies that it is in compliance with the Equal Employment Opportunity Requirement of Executive Order 11246, as amended by Executive Order 11375, Title VII of the Civil Rights Act of 1964, the California Fair Employment Practices Act, and any other Federal or State laws pertaining to equal employment opportunity and that it will not discriminate against any employee or applicant for employment on the basis of race, color, religion, handicap, age sex, national origin, or ancestry, in matters pertaining to recruitment, hiring, training, upgrading, transfer, compensation, or termination. 12.02 In the event of the CONSULTANT'S noncompliance with the nondiscrimination provisions of this agreement, the CITY shall impose such contact sanctions as it may determine to be appropriate including, but not limited to: a. Withholding of payments to the CONSULTANT under the agreement until the CONSULTANT complies, and/or b. Cancellation, termination, or suspension of the Agreement in whole or in part. ARTICLE XIV INDEPENDENT CONSULTANT 13.01 The CONSULTANT, in accordance with its status as an independent contractor, covenants and agrees that it will conduct itself consistent with such status, that it will neither hold itself out as nor claim to be an officer or employee of the CITY by reason hereof, and that it will not by reason hereof, make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the CITY including, but not limited to, worker's compensation coverage, unemployment benefits, and retirement membership or credit. ARTICLE XV SUCCESSOR AND ASSIGNMENTS 14.01 The CITY and the CONSULTANT each binds itself, its partners, successors, and executors, administrators, and assigns to the other party to this agreement, and to the partners, successors, executors, administrators, and assigns to such party in respect to all covenants of this agreement. 14.02 Except as stated above, neither the CITY nor the CONSULTANT shall assign, sublet, or transfer his interest in this agreement without the written consent of the other, however, the CONSULTANT reserves the right to assign the proceeds due under this agreement to any bank or person. 14.03 In the case of death of one or more members of the firm of the CONSULTANT, the surviving member or members shall complete the professional services covered by this agreement. ARTICLE XVI EXTENT OF AGREEMENT 15.01 This agreement shall consist of this agreement, the Scope of Work/Services, dated September 28, 2009, identified as Exhibit "A", as attached hereto and incorporated herein, and the insurance requirements set forth in the attached Exhibit "B." 15.02 This agreement constitutes the whole agreement between the CITY and CONSULTANT and any other representations or agreements are superseded by the terms of this agreement. ARTICLE XVII PARAGRAPH HEADINGS 16.01 The paragraph headings contained herein are for convenience and reference only and are not intended to define or limit the scope of this contract. ARTICLE XVIII NOTICE 17.01 Whenever a notice to a party is required by this agreement, it shall be deemed given when deposited with proper address and postage in the U.S. mail orwhen personally delivered as follows: CITY: City of Ukiah CONSULTANT/ Civic Center CONTRACTOR: Environmental Science 300 Seminary Drive Associates (ESA) Ukiah, California 95482 2600 Capital Avenue, suite 200 ATTN: Charley Stump, Director Sacramento, CA 95816 Planning and Community Development ATTN: Brian Grattidge, Senior Managing Associate 7 ARTICLE XIX DUPLICATE ORIGINALS 18.01 This agreement may be executed in one or more duplicate originals bearing the original signature of both parties and when so executed and such duplicate original shall be admissible as proof of the existence and terms of the agreement between the parties. ARTICLE XX FORUM SELECTION 19.01 CONSULTANT and CITY stipulate and agree that any litigation relating to the enforcement or interpretation of the agreement, arising out of CONSULTANT's performance or relating in any way to the work shall be brought in Mendocino County and that venue will lie in Mendocino County. CONSULTANT hereby waives any right it might otherwise have to seek a change of venue based on its status as an out of county corporation, or on any other basis. IN WITNESS WHEREOF, the parties hereto have caused their duly authorized officers to execute this agreement in duplicate the day and year first above written. CITY OF UKIAH Jane Chambers, City Manager CONSULTANT/CONTRACTOR APPROVED AS TO FORM: David Rapport, City Attorney N Date IRS IDN Number Date Date Cita( Exhibit "A" Scope of Work/Services Cit k ah EXHIBIT "B" INSURANCE REQUIREMENTS FOR CONTRACTORS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. Minimum Scope of Insurance Coverage shall be at least as broad as: A. Insurance Services Office Commercial General Liability coverage (Form No. CG 20 10 10 01 and Commercial General Liability— Completed Operations Form No. CG 20 37 10 01). B. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). C. Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. Minimum Limits of Insurance Contractor shall maintain limits no less than: A. General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Insurance must be written on an occurrence basis. B. Automobile Liability: $2,000,000 per accident for bodily injury and property damage. Insurance must be written on an occurrence. basis. C. Worker's Compensation Employer's Liability: $1,000,000 per accident for bodily injury or disease. III. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the insurer to reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officers, officials, employees and volunteers; or the Contractor to provide a financial guarantee satisfactory to the City guaranteeing payment of 10 losses and related investigations, claim administration and defense expenses; or to approve the deductible without a guarantee. IV. REQUIRED Insurance Provisions Proof of general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: A. The City, its officers, officials, employees, and volunteers are to be covered as ADDITIONAL INSURED with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment, furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor's insurance, or as a separate owner's policy. B. The workers' compensation policy is to be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City. NOTE: You cannot be added as an additional insured on a workers' compensation policy. C. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance with respect to the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be in excess of the Contractor's insurance and shall not contribute with it. D. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. E. Note: (This protects the Contractor) -Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of Civil Code. V. RATING - Acceptability of Insurers Insurance is to be placed with admitted California insurers with a current A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB -1 for short- term credit rating. VI. Verification of Coverage Contractor shall furnish the City with original certificates and amendatory endorsements affecting coverage required by this clause. The endorsements should be on forms provided by the City. If endorsements are on forms other than the City's forms, those endorsements or policies must provide coverage that is equivalent to or better than the forms requested by the City. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time. 11 VII. Subcontractors Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. 12 ESA P SECTION 5 Scope of Work Revised 11/23/09 The following task -by -task descriptions present our approach to completing the EIR for the proposed project. This scope has been revised to reflect input by. City staff. Meetings and deliverables (work products) are noted at the end of each task and subtask, where appropriate. Task 1: Project Management and Coordination The Project Management Team will consist of Karl Heisler (Project Director), Brian Grattidge (Project Manager) and Cory Barringhaus, AICP (Deputy Project Manager). Brian, as the Project Manager, will be the primary point of contact for the ESA Team and will ensure the team's responsiveness to the requirements of City planning staff. Brian will oversee the preparation of all work products, monitor project progress, ensure the technical accuracy of all deliverables, maintain the performance schedule, resolve any scheduling conflicts, monitor budget expenditures, coordinate meetings, and interact as necessary with City staff and other parties involved in the environmental documentation process. Cory, as the Deputy Project Manager, will assist in the day-to-day project management and administrative responsibilities. Karl, as the Project Director, will assure that the resources required to satisfy the project scope and schedule are applied effectively,and will provide policy oversight, as well as technical quality assurance for all submitted work products. Task 2: Start -Up Meeting and Information Evaluation ESA proposes to initiate work with a kick-off meeting with City planning staff and, if determined appropriate by staff, the project sponsor. At this initial meeting, it is anticipated that City staff will provide all available documents and plans relevant to the proposed project. ESA will also conduct its initial reconnaissance of the project site. Ukiah Wal-Mart Expansion EIR 5-1 5. Scope of Work The ESA team, in coordination with City staff, will identify, assemble, and review available, relevant information relating to the project site, the proposed project, and the potentially affected environment on, and in the vicinity of, the project site. Any technical studies prepared for the site and vicinity that are pertinent to the environmental analysis will also be reviewed. After review of all obtained information, the ESA Team will identify any additional information that may be required to prepare the EIR. If necessary, ESA will prepare a memorandum that identifies any remaining information requirements. ESA will make every effort to maximize use of the available and appropriate reference materials. Deliverables • Data request memorandum (TBD) Task 3: Notice of Preparation and EIR Scoping If requested by the City, ESA will prepare a Notice of Preparation (NOP), as required by CEQA Guidelines Section 15082. The NOP will provide notice of public scoping meetings to be conducted for the proposed project. ESA will deliver the NOP to the State Clearinghouse for distirubition to state agencies. It is assumed the City will distribute the NOP to other responsible and interested public agencies, and any other interested parties. During the 30 -day period of public review for the NOP, ESA will prepare a scoping meeting, with assistance from City staff. The scoping meeting will be in the format of a workshop, with an opportunity for interested parties to receive project information and to provide comments on the scope and content of the EIR. At the scoping meeting, ESA will present a brief overview of the CEQA process, geared towards members of the audience with little or no experience with CEQA. Ideally, the meeting will be held in late afternoon/early evening, so that both agency staff and members of the public can attend. Following the scoping period, ESA will prepare a summary of comments received (both written and at the scoping meeting) for the City. This information will be presented to the Planning Commission at a regular meeting. At this meeting, ESA will present an overview of CEQA procedures relevant to the proposed project "CEQA 101." This presentation would provide decision makers and members of the public with an overview of the EIR process and the key decision points for the proposed project. 5-2 Ukiah Wal-Mart Expansion EIR ESA 5. Scope of Work On the basis of the results of the public scoping process, a more thorough understanding of the proposed project objectives, preliminary review of any additional project -related information, and preliminary agency consultations, the proposed EIR work scope presented herein may be revised as appropriate, and ESA will complete a revised contractual work scope if necessary in consultation with City staff. Meetings • Public scoping meeting • Scoping report meeting Deliverables • Electronic copies (MS Word/PDF) of the Notice of Preparation (NOP) Task 4: Prepare Project Description In consultation with City staff and, if determined appropriate by staff, the project sponsor, ESA will prepare the Project Description as early in the review process as possible. Following review by staff, ESA will incorporate comments and clarifications to ensurea complete, consistent, and accurate Project Description that will be sufficient to serve as the basis for impact analysis. The Project Description will be based on the project application, site plans, and other supporting materials and studies provided by the applicant. The Project Description will include the project location and site plan maps; a statement of project objectives (to be provided by the sponsor and/or City staff); a description of the project's characteristics; a statement of the anticipated uses of the environmental document; and a list of all discretionary permits, approvals, and agency review requirements. Deliverables • Electronic copies (MS Word/PDF) of the draft Project Description Task 5: Prepare Administrative Draft EIR ESA will prepare and submit the Administrative Draft EIR (ADEIR) for the proposed project in accordance with current CEQA Guidelines and any applicable local guidelines developed by the City. ESA shall prepare the ADEIR on the basis of the Project Description, any prior environmental review completed for the project site, any studies provided by the City, applicable environmental plans and policies, and new analyses, as appropriate. The technical issues and tasks to be addressed in the ADEIR are described below in Ukiah Wal-Mart Expansion EIR 5-3 5. Scope of Work Section E. Upon completion of the analysis, ESA will prepare and submit the ADIER to the City for review and comment. The EIR will include the following individual sections: Introduction. The Introduction will describe the principal characteristics and objectives of the proposed project, and any planning and scoping processes through which the EIR scope was developed. The Introduction will also describe the role of the EIR in the overall planning process, and the procedural steps by which the EIR will be reviewed and certified. Summary. The Summary will describe the proposed project and alternatives, and will provide a summary table that outlines the project's significant environmental effects, mitigation measures that would reduce or avoid those effects and the parties responsible for their implementation, and residual levels of impact significance after mitigation. Alternatives to the proposed project will be described briefly in the Summary, as will the comparative impacts of those alternatives. The Summary will also identify any known principal areas of public controversy and will be suitable as a stand-alone document that summarizes the key conclusions identified throughout the EIR. Project Description. The proposed project will be described in text, tabular, and graphic form and will draw primarily from information provided at start- up meeting with City staff (Task 1) and from any additional information provided by planning, engineering, and design consultants for the project. Environmental Setting, Impacts, and Mitigation. To ensure report continuity and minimize redundancy in the discussions of each environmental topic, the EIR will present the setting, impacts, and mitigation discussions in one unified section. As required by CEQA, the setting will describe the environment in the study area "as it exists before the commencement of the project," that is, at the time the NOP is published. The setting will include a description of the existing and nearby facilities and operations currently on the site. The setting will be presented from site- specific, local, citywide, and/or sub -regional perspectives, as appropriate to each environmental topic. The environmental effects of the proposed project will be presented under each topic of analysis. The operational effects of the project will be described as of the buildout year to be determined in consultation with the City. The EIR will describe construction impacts and well as operation impacts. The EIR will also evaluate cumulative impacts associated with the proposed project 5-4 Ukiah Wal-Mart Expansion EIR l E SA 5. Scope of Work The mitigation discussion will be presented by environmental topic and any significant environmental effects of the mitigation measures will be identified. The mitigation measures will be presented in the form of directives (i.e., "shalls'), to facilitate their conversion to conditions of project or alternative approval, unless otherwise requested by City staff. See Section E., Technical Issues and Tasks, below, for discussion of the scopes of work to be conducted under each technical topic in the EIR. Alternatives. The Alternatives section will present a comparative analysis and impact matrix for up to three alternatives to the proposed project, including the CEQA-required no -project and environmentally superior alternatives. The narrative discussion of each alternative will consist of three components: Description of Alternative, which will describe the uses, intensities, and design concepts of each alternative, and will contain a brief narrative description of its distinctive characteristics and objectives. Distinctive Environmental Characteristics of Alternative, which will identify the impacts of the alternative as well as the major differences between its impacts and those of the proposed project; and Status of Alternative, which will indicate the status of each alternative, its relative environmental advantages and/or disadvantages, and factors relevant to its feasibility. The EIR will also identify any alternatives considered but excluded from analysis in the EIR, and will explain the reasons for their exclusion, based on information provided by the applicant to the City and based on City input. The EIR will also explain the reasons for including the alternatives that are selected for analysis in the EIR. For purposes of costing, it is assumed a total of three alternatives will be assessed in the EIR. Statutory Sections. The EIR will contain the following additional statutory sections, as required by CEQA: • Significant Environmental Effects (including significant, unavoidable effects) • Effects Found Not to be Significant • Growth -Inducing Impacts • Persons and Organizations Consulted ESA will prepare the discussion of each of these topics based on the analyses presented in the EIR. Ukiah Wal-Mart Expansion EIR 5.5 5. Scope of Work Appendices. Supporting technical studies may be included as appendices to the EIR, as appropriate and feasible. However, the EIR is proposed to be a self- contained document, generally comprehensible without reference to appendices. Meetings • Progress meeting with City staff Deliverables • Fifty (50) printed copies and fifteen (15) electronic copies (MS Word/PDF) of the ADEIR on CD Technical Issues and Tasks 1. Traffic and Circulation Proposed expansion of the existing Wal-Mart store to allow for grocery sales and the extension of business hours to 24 hours per day, 7 days a week would result in the generation of additional patron, employee and delivery traffic at the project site and vicinity. Traffic, pedestrian, and bicycle patterns could also be affected by the proposed project. The expanded loading dock and an increase in daily delivery trucks could also affect circulation patterns in the vicinity. ESA will contract with W -Trans for the transportation analysis; their scope of work is provided below. ESA's in-house professional traffic engineer will work with W -Trans to incorporate transportation, traffic, and parking impacts from the W -Trans study into the EIR, and ensure that the data, analysis, and impact determinations are presented in the context of CEQA requirements. Tasks • Where recent existing conditions are not available from other sources, new weekday a.m. and p.m. peak hour turning movement counts will be obtained for the following study intersections: 1. South State Street/Mill Street 2. South State Street/Gobbi Street I South State Street/Talmage Road 4. South State Street/Hastings Avenue 5. Talmage Road/Waugh Lane 6. Talmage Road/Airport Park Boulevard 7. Talmage Road/Highway 101 South Ramps 8. Talmage Road/Highway 101 North Ramps 5-6 Ukiah Wal-Mart Expansion EIR 5. Scope of Work 9. Talmage Road/Hastings Frontage Road 10. Airport Park Boulevard/Wal-Mart Driveway 11. Airport Park Boulevard/Commerce Drive • A TRAFFIX network will be developed to include all of the existing study intersections and new traffic counts. In order to assess potential queuing interactions among closely -spaced intersections, a SYNCHRO/SIMTRAFFIC network will also be developed for Talmage Road between Waugh Lane and Hastings Frontage Road. • The circulation network within the study area will be field surveyed to verify right-of-way controls, lane configurations, signal phasing, transit facilities, sidewalks, and bicycle facilities. • Existing Conditions at the eleven study intersections will be determined. Level of Service (LOS) calculations will be based on Highway Capacity Manual 2000 methodologies. Results of the analysis will be described in the text and summarized in a Level of Service table. Copies of all calculations will be provided in a technical appendix. • Baseline traffic conditions will be developed for the weekday a.m. and p.m. peak hours for the anticipated year that the project is expected to become operational. In order to establish projected traffic volumes for this scenario, a list of the approved projects expected to be completed by the short-term year will be obtained from City staff. The trips associated with this development will then be distributed to the study area road network. • The results of the Baseline analysis will be presented as indicated above for Existing Conditions. SYNCHRO and/or SIMTRAFFIC will be used to determine the adequacy of turn pocket lengths at closely -spaced Talmage Road intersections including Airport Park Boulevard and the two US 101 freeway ramps. • Roadway improvements on Talmage Road between South State Street and the US 101 interchange are included in the Ukiah Valley Transportation Impact Fee Program. Representatives from the Mendocino Council of Governments (MCOG) and/or the City of Ukiah will be contacted to discuss the anticipated timing of these improvements, and to determine which (if any) of the improvements should be included in the future traffic analysis scenario. Projected future volumes at the study intersections will be obtained from the Ukiah Valley Area Plan (UVAP) traffic model and used along with planned future geometrics to evaluate long-term operation under the model's 2030 forecast year. The results of this analysis will be presented as indicated above for the Baseline scenario. It is assumed that a local agency (City, County, or MCOG) will supply a.m. and p.m. peak hour plots from the traffic model for the 2007 Base year and 2030 Future year model runs. Ukiah Wal-Mart Expansion EIR 5-7 5. Scope of Work • Mainline traffic operation during the p.m. peak hour will be determined for segments of US 101 to the north and to the south of the Talmage Road freeway interchange for Existing, Baseline, and Future conditions. • Collision history data available from the CHP's Statewide Integrated Traffic Records System (SWITRS) will be reviewed to determine if any of the study intersections have experienced collision rates higher than the statewide averages. • Transit service will be described, including routes and frequency of service, and presented graphically. • Existing pedestrian facilities in the study area will be field surveyed and described. • Information regarding existing and planned bicycle facilities in the study area will be described. • Conduct an existing parking occupancy survey for the Walmart parking lot as well as any lot within the Airport Business Park which is within a quarter mile walking distance to the WalMart entrance. The parking survey area will be segregated into subdistricts for the data collection purposes. The surveys will be conducted for a 6 -hour period (noon to 6 p.m.) on four separate days to assess existing parking demand levels. The date of the surveys will be reviewed with City staff, but is assumed that the surveys will be conducted during a non -holiday weekday, non -holiday weekend, holiday weekday and holiday weekend. The results of the parking occupancy will be summarized in the report. Based on the data occupancy and the existing Walmart store size, the existing parking occupancy rate will be determined. • Estimate future parking occupancy with implementation of the project. The occupancy estimate will be based on the parking occupancy rate determined in the parking surveys and supplemented with applicable published data. In addition, parking demand will be estimated for the peak within each month of the year, using parking demand data from the Urban Land Institute. The parking estimates will then be compared with the new parking supply to determine if the proposed supply is within an adequate range or has too much capacity given the parking demand throughout the year. • Development assumptions for the Wal-Mart expansion will be obtained from the applicant's project description. Careful consideration and correct application of appropriate trip generation rates is required for this type of project. The analysis will clearly define all assumptions and independent variables used to determine the additional vehicle trips that can be expected upon expansion of Wal-Mart to include grocery uses. • Project -generated trips will be distributed to the road network based on patterns evident in the UVAP traffic model, in combination with consideration of the likely market area for this type of retail use. Pass -by 5-8 Ukiah Wal-Mart Expansion EIR E1. A 5. Scope of Work and diverted link trip assumptions, if applied, will be based on information published by the Institute of Transportation Engineers (ITE). • The TRAFFIX model will be used to determine the anticipated traffic volumes for the Baseline and Future horizon years upon the addition of project -generated traffic. The projected vehicle queues at the closely - spaced intersections along Talmage Road will be projected using SYNCHRO/SIMTRAFFIC. Intersection and roadway operating conditions will be determined, and any results that do not meet the overseeing jurisdiction's established operational standards will be identified. The project's p.m. peak hour impacts to US 101 will be assessed for segments north and south of Talmage Road, in addition to merge -diverge analyses as appropriate. The project's potential impacts on non -motorized transportation modes as well as transit will be identified based on a qualitative assessment of existing facilities and anticipated future needs. The connectivity of pedestrian facilities linking the store to transit facilities and the surrounding sidewalk network, in addition to pedestrian safety, is of particular importance with this type of project. Preliminary comments on the Wal-Mart expansion provided by the Mendocino County Air Quality Management District to the City of Ukiah regarding pedestrian and bicycle circulation will be considered in the analysis. The residential area to the north of Talmage Road has experienced cut - through traffic issues. The project's potential to exacerbate these problems or adversely impact neighborhoods (including Betty and Lorraine Streets) will be assessed in the impact analysis. Consideration will be given to how traffic volumes may shift in the future upon potential installation of a traffic signal at the Talmage Road/Waugh Lane intersection (included in the Ukiah Valley Transportation Impact Fee Program). Traffic volumes for all scenarios along with project trip generation assumptions will be provided for use in the air and noise analyses. For any intersection that is forecast to exhibit adverse operation or queuing conditions, mitigation measures will be recommended. Each mitigation measure will identify the specific action necessary and expected level of significance after mitigation. Mitigation measures will also be proposed for any potential project impacts associated with site circulation and access issues, including on-site parking and delivery truck circulation as well as the adequacy, safety, and configuration of driveways on Airport Park Boulevard as well as impacts on alternative modes of transportation and existing residential neighborhoods. • One EIR project alternative be evaluated in a qualitative manner. Ukiah Wal-Mart Expansion EIR 5-9 5. Scope of Work 2. Air Quality and Climate Change The project site lies within the Mendocino County Air Quality Management District (MCAQMD). The MCAQMD is in attainment for all Federal and State criteria pollutants, except for PM -10, for which it is designated as "non - attainment." The project could affect air quality in three ways: 1) during construction, the project would generate dust that could cause local violations of particulate standards, 2) during the operational phase, the project would contribute to regional ozone and particulate matter concentrations largely through the generation of truck and motor vehicle trips, and 3) during the operational phase, project -related traffic could increase local carbon monoxide concentrations at congested intersections in the project vicinity. Project operations could contribute to regional ozone and diesel particulate matter (DPM), which has been identified by the state of California to cause cancer, primarily through the generation of motor vehicle trips. The project would also result in an increase in greenhouse gas (GHG) emissions from increased motor vehicle trips and increased water and space heating demands. California Assembly Bill 32 (AB 32), the Global Warming Solutions Act of 2006, requires the California Air Resources Board (ARB) to establish a statewide GHG emission cap for 2020 based on 1990 emission levels, and to adopt mandatory reporting rules for significant sources of GHGs. Under AB 32, the ARB would have to adopt regulations by January 1, 2011 to achieve reductions in GHGs to meet the 1990 emission cap by 2020. At the present time, CARB has adopted a Scoping Plan identifying 39 Recommended Actions to reduce GHG emissions within the state. Additionally, CARB has developed, but not yet formally adopted, a Preliminary Proposal for Setting GHG Significance Thresholds Under CEQA. The threshold, which would apply only to industrial projects, consists of a quantitative threshold of 7,000 metric tons of CO2 equivalent per year (MT eCO2/year) for operational emissions (excluding transportation), and performance standards for construction and transportation emissions. These performance standards have not yet been developed. Two recent documents, CEQA and Climate Change published by the California Air Pollution Control Officers Association and A Technical Advisory on Addressing Climate Change through CEQA published by the state Office of Planning and Research suggest methodologies which should be considered in an adequate discussion of GHG impacts. Tasks • Generally describe the climate and topography of Ukiah and discuss their influence over air quality. 5-10 Ukiah Wal-Mart Expansion EIR ~~ E ►. A 5. Scope of Work • Identify federal, state, and local regulatory agencies responsible for air quality policies, regulations, and standards as they pertain to the project. • Discuss current air quality in the project area based on air quality data from the monitoring station closest to the project site. • Identify major existing sources of air pollutants in the project vicinity (i.e., U.S. 101), including sources of toxic air contaminants or odorous emissions on the basis of inventory data compiled by the MCAQMD. Discuss existing emissions associated with activities at the site. • Identify the locations of air -pollutant sensitive land uses or activities in the project vicinity and along roads providing access to the project site. • Summarize statewide planning efforts relative to climate change and the generation of GHG emissions, including Assembly Bill 32, Executive order S-01-07 and the reporting and recommendations to date of the California EPA Climate Action Team. • Identify the recommendations of the California Air Pollution Control Officers Association (CAPCOA) on how to analyze GHG emissions and global climate change in CEQA documents. • Discuss CARB's Draft GHG Significance Thresholds Under CEQA. • Describe the significance thresholds for air quality impacts recommended by the MCAQMD. • Discuss criteria air pollutant emissions likely to be generated during construction and evaluate the potential for construction dust (especially during grading of parking areas, if required) to cause local excesses of ambient particulate standards. • Discuss the types of criteria pollutant and ozone precursor emissions sources associated with the project, primarily related to increased truck and motor vehicle traffic. • Calculate the net change in emissions that would be generated by the project on the basis of the latest available emissions factors, the results of the traffic study for this report, and estimated energy consumption (natural gas and electricity). • If estimated emissions exceed MCAQMD significance thresholds, calculate worst-case carbon monoxide (CO) concentrations at the two intersections most affected by project traffic using the CO screening model of the Bay Area Air Quality Management District and the results of the traffic study to determine whether project traffic alone, or in combination with cumulative traffic volumes, would exceed state and federal CO standards. Ukiah Wal-Mart Expansion EIR 5-11 5. Scope of Work Determine health risk to nearby residents from exposure to DPM generated by additional heavy duty truck trips that would result from implementation of the project. Emissions will be modeled using the EPA approved screening dispersion model SCREEN3 to determine maximum DPM concentrations at nearby receptors. Risk to receptors will then be calculated in accordance with the Office of Environmental Health Hazard Assessment (OEHHA) risk assessment guidelines. • Evaluate whether project impacts would exceed any of the MCAQMD recommended significance thresholds. Calculate the projects contribution to greenhouse gas (GHG) emissions based on net increases in traffic generation, natural gas combustion and electricity generation. Discuss the project's GHG emissions with respect to the goals of the GHG Scoping Plan of the CARB and potential significance thresholds such as the proposed 7,000 MT per day industrial project threshold of the CARB and the 25,000 MT/day mandatory reporting threshold of the CARB. • Discuss the sustainability feature elements of the proposed project that would reduce GHG emissions compared to a "business as usual" development. • Discuss the potential for the combined emissions from the project and cumulative development to adversely affect air quality or impede attainment of air quality goals. • Identify practical, feasible mitigation measures for air quality impacts identified for the project. Evaluate whether mitigation measures would reduce the impacts below a level of significance and identify the parties who would be responsible for implementing each measure. 3. Noise The proposed project would result in temporary and intermittent noise increases during project construction as well as long-term noise increases due to operation of the project. Construction activities at the project site would intermittently and temporarily affect ambient noise levels at the project site, at any neighboring sensitive receptors. Over the long-term, the project could affect noise levels as the result of operation of additional loading bays and increased traffic generation on local roadways. The project would have the potential to increase truck deliveries, and associated noise associated with trucks and unloading operations, during noise -sensitive times of the day. It should be noted that the applicant has indicated a number of operational and structural measures to reduce delivery truck and loading bay noise, including 1) loading bays will use sealed rubber gaskets, 2) loading would occur directly from the truck to the building, and 3) engine idling by delivery trucks would be 5-12 Ukiah Wal-Mart Expansion EIR 5. Scope of Work prohibited. These applicant proposed measures would be considered in the noise analysis, and other potential noise measures would be identified, if needed, in the EIR. Tasks • Describe the existing noise environment within the project vicinity based on a site reconnaissance during which one long term (24-hour) noise measurement and up to three short-term noise measurements will be taken. The principal noise sources (and associated noise levels) will be identified. • Identify the locations of noise sensitive land uses in the project area. • Discuss relevant noise policies, regulations and standards, including those in the City's General Plan, and City ordinances. • Discuss the noise levels likely to be generated during construction activities and evaluate the potential for construction to adversely affect adjacent land uses or violate noise control ordinances. • Describe typical noise likely to be generated by activities on the project site. • Calculate the change in roadside noise levels resulting from the increase in vehicle trips resulting from the project. The FHWA TNM Lookup model will be used to determine any increases in roadway noise for up to three roadways used to access the project site. • Assess the potential noise impacts of the proposed new loading bays and service delivery doors. This analysis will consider noise generated by unloading operations, truck movement, and generated by transportation refrigeration units (TRUs) and will be based on measurements of the existing bays and consideration of the locations of the proposed new bays with respect to any potential sensitive receptors. The analysis of noise impacts will consider the incorporation of noise reduction measures proposed by the applicant. • Identify practical, feasible mitigation measures for noise impacts identified for the project. Evaluate whether mitigation measures would reduce the impacts below a level of significance and identify the parties who would be responsible for implementing each measure. 4. Land Use and Planning The 13.44 -acre project site is located northeast of the intersection of Airport . Park Boulevard and Commerce Drive. Highway 101 is approximately 200 feet east of the Wal-Mart store. Other uses in the vicinity of the project site include a gas station and fast food restaurants to the north, a shopping center to the south, and hotels/motels and professional office uses to the west. The project site is located within the Airport Industrial Park and is subject to the City's Ukiah Wal-Mart Expansion EIR 5-13 5. Scope of Work Airport Industrial Park Planned Development Ordinance (AIP-PD); the site is designated for Retail Commercial uses. Although the project would not result in a change of land use, it would result in an increased intensity of use due to additional building area and potential customers. The land use and planning analysis will include a discussion of any potential for conflicts with existing land uses, the Ukiah General Plan, the Zoning Code, or involve disruption or division of an existing established community. Tasks • Identify and map existing land uses on the project site and in the immediate vicinity. • Review applicable land use plans, policies and objectives of local and regional public agencies having jurisdiction over the project. • Discuss the project's consistency with all other relevant plans and policies. • Discuss the relationship of the proposed project to any development plans for adjacent and nearby properties, as applicable. • Identify practical, feasible mitigation measures for potentially significant impacts (project -level and cumulative -level) identified for the project based on established significance criteria. Evaluate and discuss whether mitigation measures would reduce the impact(s) below a level of significance. 5. Urban Decay Analysis ESA's Subconsultant, CBRE, will prepare a comprehensive urban decay impact analysis of the proposed Wal-Mart expansion project. While socioeconomic effects are not considered significant under CEQA, indirect changes in the environment resulting from such effects should be examined (Bakersfield Citizensfor Local Control v. City of Bakersfield [124 Cal. App. 4th 1184]). The technical report prepared under Phase I, below, will identify and estimate the project's economic impacts and evaluate the potential for economic "blight" resulting from the project. The Phase I report will provide the basis for the EIR Urban Decay section, prepared by ESA. Phase I: Draft Report Production Task 1. Project Initiation and EIR Coordination. CBRE Consulting will initiate the urban decay analysis through reviewing existing materials pertaining to the project and coordinating with ESA regarding key data points, such as project square footage, project opening date, trip distribution 5-14 Ukiah Wal-Mart Expansion EIR E 5. Scope of Work assumptions, City of Ukiah population and household estimates and projections, and cumulative projects detail. The purpose of this will be to achieve consistency between the EIR and the urban decay study. Data required to support the analysis not included in existing materials will be specially requested. Task 2. Project Definition. CBRF, Consulting will formulate a working definition of the project. This will include anticipated sales upon stabilization and assumed project opening date. This information will comprise a fundamental study baseline. CBRE Consulting will validate the assumption regarding the opening date with ESA prior to proceeding with the subsequent analysis, as this is a critical project benchmark. Based upon project information, CBRE Consulting will determine the retail categories comprising the net increment of sales. Task 3 Definition of Market Area. CBRE Consulting will define a market area appropriate for analysis of the project. This market area will be defined as the area from which the majority of retail demand for the project is anticipated to originate. This will be defined through several approaches, including visual observation and data analysis, such as analysis of the distribution pattern of existing and planned grocery stores, the location of existing and planned Wal- Mart stores (expanded Wal -Mart's and other) within the general region as well as other general merchandise stores, and retail sales leakage and attraction analysis for Ukiah and other potential constituent components of the market area. Examination of the area's geography and regional highway system will also contribute to the definition of this area. CBRE Consulting will additionally estimate the level of project demand likely to be generated from within this market area versus other sources of demand. Task 4. Demographic Estimates and Projections Compilation. Population and household demographic estimates and projections comprise a fundamental benchmark for purposes of CBRE Consulting's urban decay analysis. These estimates are an especially critical component of the retail demand and sales leakage analysis described in the following task. Accordingly, effort will be required to compile population and household estimates and projections for the market area, especially sensitive to recessionary times. These will be prepared using generally accepted government resources to the extent possible. Other resources will be used as deemed necessary. Prior to proceeding with the retail demand and sales leakage analysis in the following task, these estimates and projections will be reviewed with ESA. This task will provide an opportunity Ukiah Wal-Mart Expansion EIR 5-15 5. Scope of Work to ensure that any future households generated by planned residential projects in the market area are included in the household projections. Task 5. Retail Demand and Sales Leakage Analysis. CBRE Consulting maintains a retail demand and sales leakage model that estimates market area retail spending potential based upon households, income, and consumer spending patterns, and determines the extent to which a market area is or is not capturing this spending potential. Retail categories in which spending is not fully captured are called "leakage" categories, while retail categories in which more sales are captured than are generated by residents are called "attraction categories." CBRE Consulting will conduct this analysis for the Project's market area. Because of the nature of the expansion space, this analysis will primarily focus on food, general merchandise, and indoor garden center sales, but results for other categories will provide information about the relative positioning of the Ukiah retail market and its regional characterization. The Retail Demand and Sales Leakage Analysis can be best performed for jurisdictions with publicly reported taxable sales volumes (i.e., as reported by the State of California Board of Equalization). This means cities or groups of cities, as well as counties, although CBRE Consulting has developed methodology to approximate this level of analysis for other customized areas, if necessary. The Retail Demand and Sales Leakage Analysis will be operated for the data (four quarters) most recently available as of the study initiation date. Modifications may be necessary based upon local and regional trends in retail sales pursuant to the recession. It will be optimal if the City of Ukiah can provide recent sales tax trend data for this purpose. The findings will then be used as a basis for projecting the retail supply and demand conditions during the project's projected first year of operations. This latter analysis will take into consideration the extent to which relevant retail demand is expected to grow based on household growth by the time of the project's opening. Given the recent downward trend in sales, the analysis will also take into consideration recent sales trends, with a possible adjustment factor applied to the estimated market area sales base. The most recent time period results will indicate the extent to which the market area is currently capturing existing regional demand in categories relevant to the project, the extent of this attraction, and the extent to which there may be other regional potential to capture relevant sales. Moreover, the results will indicate the extent to which future area household and income growth may 5-16 Ukiah Wal-Mart Expansion EIR jJ� 5. Scope of. Work impact the demand for new market area sales, coincident with the stabilization of the project. Task 6 Conduct Site Reconnaissance. CBRE Consulting will visit the project location. The primary purpose of this visit will be to understand the location of the site vis-a-vis competitive retailers (existing and planned, see Task 8). This task will be conducted coincident with Task 7 activities. Task 7. Existing Comparable Store Impacts. CBRE Consulting has developed a quantitative approach to estimate the extent of existing comparable market area sales that might be diverted by new or expanded retailers. The approach takes into consideration the extent to which existing market area retailers share in regional demand, the extent to which market area retailers experience net regional attraction or leakage in key retail categories, and the anticipated distribution of the prospective retailer's sales. The data points most critical to this analysis include the actual market area sales data, the Retail Demand and Sales Leakage Analysis, and the projected retailer sales. This quantitative analysis will be paired with tours of the relevant market area stores, to be determined following the earlier project definition. The purpose of the tours will be to identify relative retail niches, to generally assess the nature and strength of their operations, and to qualitatively assess the following: the degree to which the project may compete with existing stores; the associated level of sales losses that may be experienced by these type of stores (in general); and the duration of these prospective (if any) losses. Competitive stores will be identified through review of existing documents, Internet research, store listings and estimated sales identified by Claritas (a national provider of demographic and economic data), and field research. This analysis will also evaluate the potential for stores outside the market area to experience sales impacts associated with the project. These would be stores physically located outside the boundary of the market area but that which might experience sales declines due to shifting consumer shopping patterns. This will be accomplished by identifying generalized market areas for these stores and determining the extent to which their market area may overlap with the project's market area. CBRE Consulting will then estimate the existing household base within the overlapping area, determine the extent to which changed shopping habits of these households may hurt the outside market area stores, and identify the length of time necessary for the prospective lost sales to be compensated for by additional household growth in the entire market area for the outside market area stores. Ukiah Wal-Mart Expansion EIR 5-17 5. Scope of Work Task 8. Cumulative Impacts Analysis. In addition to examining the impact of the Project, the analysis will also consider the cumulative impacts of this development in association with other new development projects under construction or planned in the market area or surrounding area, as relevant. This will include projects with the potential to cumulatively impact businesses located outside the project's market area but with the potential to be negatively impacted by the project. This analysis will include projects known to the City of Ukiah and other market area jurisdictions (if any) for which entitlement applications have been submitted. Thus, projects with a reasonable expectation of being developed during or shortly after the timeframe of the project will be incorporated into the analysis. CBRE Consulting will additionally coordinate with ESA and the project's traffic consultant to ensure the use of common assumptions regarding planned projects. The preceding store impact findings will be augmented through sensitivity analysis to include these projects. Task 9. Urban Decay Determination. Based upon the preceding task findings, CBRE Consulting will develop an estimate of the extent to which development of the project may or may not contribute to urban decay in the market area. In order to establish baseline conditions for this analysis, a visual assessment of existing retail occupancy/vacancies and building conditions will be conducted, and any areas of existing or potential physical deterioration will be noted. A determination that the project could result in potential urban decay would need to be predicated upon a finding of negative economic impact so severe that stores might close as a result and that it would be expected that, those buildings and/or property, rather than being reused within a reasonable time, would remain vacant, deteriorate, and lead to the decline of the associated or nearby real estate. If CBRE Consulting finds no or minimal negative impact, then urban decay would not be a logical result. However, simple store closures are not sufficient to cause urban decay, as such closures could provide an opportunity for new retailers or other tenants to occupy the vacated space or for property owners to engage in economic development efforts to improve properties. Therefore, CBRE Consulting will additionally contact commercial brokers active in the market area to obtain their perception of the potential for commercial leasing activity as well as their perception of the future and strength of retailing in the market area. Task 10. Report Preparation. CBRE Consulting will prepare a succinct report documenting the urban decay study tasks, approach, and findings. Quantitative findings relevant to the report will be fully documented and attached as exhibits. A draft will be submitted to ESA for review prior to 5-18 Ukiah Wal-Mart Expansion EIR EkSA 5. Scope of Work t finalization for the Administrative Draft EIR. The report will be finalized for the Draft EIR (DEIR) upon receipt of a consolidated set of City comments. The urban decay report will be based upon time sensitive information, such as taxable retail sales data, planned project information, and real estate market analysis. If client review of the report or submission of the report to public authorities is delayed such that the time sensitive information becomes outdated and requires an update, additional time and fees will be required to complete this update. Depending upon the duration of the delay, the associated time and fees may be significant. A changed assumption regarding the Project size or Project opening date as agreed upon pursuant to Task 2, Project Definition, will also necessitate substantial edits to the report, resulting in additional time and fees. Phase II: General Fund Revenue and Cost Impacts. CBRE Consulting will prepare an estimate of the net General Fund revenue impacts of the Project on the City of Ukiah. This will comprise revenues net anticipated City service costs. This analysis will focus on new revenues generated from property taxes, sales taxes, and other relevant revenues, net of existing property taxes and any sales taxes associated with potential sales diverted from existing Ukiah retailers. Information about development construction costs will be required to most effectively complete this task. If not provided, construction cost estimate can be formulated based upon industry reference materials. Any information provided for this purpose will be reviewed for reasonableness and the report will make a statement to that effect. The City service cost analysis will be general in nature and will be predicated upon discussions with key City of Ukiah department staff and a review of the most recently approved City of Ukiah budget. The budget will be used to determine average service cost estimates if estimates of site-specific cost impacts are not readily available from the City (i.e., marginal costs). These service costs will include major service categories such as police, fire, and public works. In conducting this task, CBRE Consulting will benefit from the assistance of a City liaison, who can identify the appropriate departmental representatives to contact and to introduce them to the study, our firm, and the need for their cooperation. The results of this phase will be included as a chapter in the report reviewing the urban decay analysis. Ukiah Wal-Mart Expansion EIR 5-19 5. Scope of Work Phase III: Public Process Task 1. Response to Public Comments. CBRE Consulting will review the relevant public comments submitted following distribution of the DEIR. CBRE Consulting will provide written responses to those comments directly pertaining to the report and relevant findings. The budget estimate assumes approximately 20 hours of staff time will be required to respond to comments. Task Z Public Hearing Attendance. CBRE Consulting's project management will attend public hearings relevant to the project. This assumes no prior conflicts associated with the meeting dates. Other provisions may need to be made if such conflicts occur. For the public hearings, CBRE Consulting will prepare a presentation about the project if necessary, or simply be available to answer questions should any arise relevant to the urban decay analysis. The budget estimate assumes attendance at two public hearings, with each meeting lasting for an average duration of five hours. 6. Aesthetics and Visual Quality The Wal-Mart store is located adjacent to existing retail commercial and. professional office uses to the north, south, and west. Highway 101 is located just east of the project site and has been designated as a Scenic Corridor through the Ukiah Valley by the City's General Plan. The proposed expansion would be located adjacent to the store on the north, south, and east. These areas are currently covered with ornamental grass lawns and paved parking and driveway areas. The proposed expansion would result in changes to the building fagade and the project site which may degrade the existing visual character of the site. Additional outdoor lighting may increase nighttime glare. The EIR will describe the visual character of the project site and surrounding area in terms of the urban landscape and any scenic views. The EIR will analyze impacts on public views, including views from short - and long-range vantage points. This analysis will consider whether the store expansion will "substantially degrade or obstruct publicly accessible scenic views," with particular attention to the Highway 101 Scenic Corridor. The analysis also will consider whether development under the proposed project will "substantially degrade the existing visual character or quality of the area," or result in a "substantial, demonstrable negative aesthetic effect." The change in visual character resulting from the proposed project will be described in the EIR and the impacts of additional sources of light and glare will be examined. Analysis will also discuss the aesthetic review mechanisms included in local planning documents (design review, sign ordinance, community standards, etc.). Mitigation measures will be identified for any significant aesthetic impacts, as required. 5-20 Ukiah Wal-Mart Expansion EIR hJ► ll d 5. Scope of Work Visual simulations will be provided by the project architect. An ESA landscape architect will peer review the simulations and ESA will incorporate the simulations, as appropriate, into the EIR. It is assumed that all visual simulations will be daytime scenes, and that night lighting will not be simulated. Given that the proposed project is an expansion of an existing Wal-Mart store, we believe that the impact can be characterized more as an increase in duration of the impact, and not so much as an increase in its intensity. That is, night lighting, including stationary lighting of the building and parking lot and headlamps from shoppers' vehicles, would be apparent throughout the nighttime hours with 24-hour store operation, whereas the store currently closes at 10:00 p.m., and lighting of the site is limited after that time. Thus, the impact could be described as the extension of the duration of an existing impact, which would substantially less dramatic an impact than would occur with development of a new store in an undeveloped location. Tasks • Conduct initial site reconnaissance to document existing visual/aesthetic conditions. Conduct photo -documentation of representative long-, medium- and short-range views to and from the project site. Viewpoints may include locations along Talmage Road, Airport Park Boulevard, Commerce Drive, and Highway 101. Additional viewpoint(s) may be sought from hillside residential neighborhood(s), as recommended by City staff. Describe long- and short-range views of development proposed as part of the project. • Evaluate the mass, scale and contrast of the proposed structures in relation to its surroundings. • Discuss the consistency of the project with the applicable design review standards and urban design guidelines for the City and other relevant plans and policies pertaining to urban design. Analyze and describe changes in the visual environment that would result from project implementation. Assess any changes in views within visual corridors that include the project site. In the impacts assessment, apply and clearly explain significance criteria that have been derived from applicable planning policies and the CEQA Guidelines, including view obstruction or degradation, creation of a demonstrable negative aesthetic effect, or production of new light or glare. • As appropriate, identify measures to mitigate visual and design -related impacts of the project. Mitigation would likely be of a general nature and could include measures which would affect building orientation, parking layout, and landscaping. • Review and incorporate visual simulations prepared by the project architect. Ukiah Wal-Mart Expansion EIR 5-21 5. Scope of Work 7. Geology, Soils and Seismicity The proposed project is located within the Ukiah Valley which is a north -south trending valley between the Coast Ranges and Mayacamas Mountains in Northern California. Ukiah Valley is typical of the valleys found in this geomorphic province, where high sediment loads from the erosion of surrounding uplifted mountainous terrain are deposited. Bedrock formations surrounding the valley include marine sedimentary rocks, the Franciscan Complex — a heterogeneous assemblage of graywacke, shale, altered volcanics, chert, limestone, and greenstone, and unconsolidated/semi- consolidated alluvial and terrace deposits. These formations are typically very weathered and produce abundant gravel and sand sized sediments. The project site is located in a seismically active area with an active fault relatively close. The Mayacamas Fault Zone (MFZ) is located approximately one-half mile east of the project site. The MFZ extends 114 miles northward from east of Healdsburg to north central Mendocino County. The MFZ is identified by the California Geological Survey as an active fault under the Alquist-Priolo Earthquake Fault Zoning Act on the basis of historic and on- going tectonic creep along the fault and geomorphologic evidence of fault rupture. Recent evidence of moderate earthquakes on the MFZ includes moment magnitude 4.3 and 4.4 events in December 2001. The fault has not generated fault rupture during recorded history. However, on the basis of the length of the fault, creep rates, and evidence of Holocene displacement, the fault is considered capable of generating a moment magnitude 7.1 earthquake. Generally, geologic issues of importance to a redevelopment project such as the proposed project include potential for damage and injury from severe groundshaking from a seismic event, presence of liquefiable soils, subsurface soils that exhibit expansive properties, and excessive erosion from exposure of soils during construction. Tasks • Provide overall data review of area geologic conditions using published reports, maps, and any geotechnical reports that have been prepared for the proposed project. Summarize regional reports on soils, geologic materials, and seismic hazards. Using the soil association maps, verify soil types present in the project area. Confirm key soil constraints related to these associations and slope conditions. Such constraints could include depth, permeability, susceptibility to erosion or collapse, and limitations for foundation bearing. • Identify special problems, such as potential for settlement, expansive soils and shrinkage problems (shrink/swell) and liquefaction. 5-22 Ukiah Wal-Mart Expansion EIR ESA 5. Scope of Work • Describe potential soil engineering constraints in the project area. If engineering constraints exist, identify measures to minimize hazards to future structures and infrastructure. • Briefly review and confirm the seismic setting of the project and its susceptibility to seismic hazards. • Describe the erosion hazards of the area. Evaluate erosion as related to site conditions, including slope, erosion potential and proximity to drainage channels. Discuss the potential limitations that erosion hazard could place on development. • Prepare a setting section, summarize the regulatory framework, and determine the impacts of the proposed project based on information and data gathered. Determine impact significance through focused analysis and develop mitigation measures to reduce impacts, if possible, to less than significant levels. Discuss and analyze any cumulative impacts based on known future planning projects in the region. 8. Hydrology and Water Quality The proposed project area is located within the Ukiah Valley, which is part of the upper Russian River watershed. The Ukiah Valley is a narrow (2 -miles wide), north -south trending valley between the Coast Ranges to the west and the Mayacamas Mountains to the east. The Russian River flows perennially in the area of the project site, primarily due to the influence of releases from Lake Mendocino. As with most watersheds draining the northern Coast Ranges, the response to rainfall is typically rapid, usually resulting in multiple large, short - duration high-flow events during the winter (i.e., a flashy rainfall -runoff response characteristic). Urban development has, over the years, altered the natural drainage patterns of the City of Ukiah. ESA will describe the hydrological setting of the City, including its location within the regional watershed system. This will include assessment of flood hazards from information sources available from agencies such as FEMA, USGS, and DWR. ESA will discuss potential flooding hazards, general management practices, and mitigation measures to reduce the effects of stormwater runoff. In particular, Caltrans has raised concerns about the capacity of existing storm drainage culverts beneath U.S. Highway 101 to accommodate additional runoff from the project site. Although the proposed project would result in an incremental increase in peak storm flows, Caltrans has requested that any such increase be retained on-site or otherwise redirected so that the capacity of the under -highway cross -drains is not further strained. Additionally, ESA will describe potential urban water pollutant types and their sources, and identify best management practices and mitigation measures to Ukiah Wal-Mart Expansion EIR 5-23 5. Scope of Work reduce pollutant levels associated with the proposed expansion. Using published reports, ESA will summarize general groundwater conditions in the project area and will discuss use of groundwater, trends and general aquifer conditions. This effort will rely on reputable published sources and will not include water quality testing, or field verification of stream conditions. Tasks • Review ESA's library materials for hydrologic reports that have been conducted in the immediate area of the project. • Review the storm water pollution prevention plan or drainage plan, if available, prepared for the project to determine outstanding data requirements, if any. • Based on applicable Federal Emergency Management Agency (FEMA) and local agency maps, analyze potential flood hazard areas. Discuss the goals and policies of the General Plan with regard to development of flood hazard zones. Discuss the capacity of local drainage channels and systems that could be affected by the proposed project. • Describe the extent and general character of the hydrological conditions in the local watersheds. Assess existing runoff conditions, surface water collection, and points of discharge. Identify the locations and discuss the character of surface water features, including watercourses and natural and artificial ponding areas. • Discuss the impact of grading and changes to the surface gradient and the subsequent effects on surface runoff, including changes to drainage patterns and waterways. • Evaluate the water table, its potential fluctuation, and effects from development. • Review and discuss design storm flows and drainage. To ensure that concerns raised by Caltrans are satisfied and to provide adequate information for review by the City's Public Works staff, ESA will complete a separate drainage study for the proposed project, as described below. • Discuss the overall quality of current stormwater runoff based on available data and existing conditions. Describe transport of existing pollutants in the local watersheds. • Discuss likely water quality of site runoff based on the proposed expansion and increase in impervious surfaces and alteration of land use. Discuss general effects of urban development on stormwater quality. • Evaluate proposed measures and their effectiveness for reducing stormwater quality impacts. Identify mitigation measures for effective 5-24 Ukiah Wal-Mart Expansion EIR �� 5. Scope of Work �. ('w J1..J1 d _,o stormwater quality protection and their applicability to the proposed project. • Evaluate and discuss potential impacts to localized groundwater resources through reduction of pervious surfaces. • Evaluate the cumulative effect of the project on regional drainage and flooding. • Prepare a setting section, summarize the relevant regulatory framework, and determine the impacts of the proposed project based on information and data gathered. Determine impact significance through focused analysis and develop mitigation measures to reduce impacts, if possible, to less than significant levels. Drainage Study ESA will review the site plan, grading plan, and landscape plan provided by the project applicant, along with the applicant's data concerning the changes in impervious surface that would result from various aspects of the project, including the increase in building footprint, increase in paved apron for the loading dock, increase in paved parking area, increase or decrease in landscaped area surrounding the store and parking lot, and any changes to existing landscaping. We will also review any sustainability -related features proposed as part of the project that could reduce the flow of stormwater runoff, such as pervious pavement, use of natural swales to direct runoff away from storm drains, or provision of drainage to site subsoil through channels directing runoff to pervious surfaces. Based on the information provided by the project applicant, ESA will use the Natural Resources Conservation Service (MRCS) TR -55 hydrologic analysis model or equivalent to compute the anticipated change in runoff from the site. These calculations will be made for up to five storm scenarios (e.g., 1 -year, 5 -year, 10 -year, 25 -year, 100 -year, or other), as determined in consultation with Caltrans and City of Ukiah public works staff. Assuming the results of the analysis reveal an increase in peak runoff in one or more scenarios, ESA will recommend appropriate mitigation that can be included in the EIR to avoid the projected peak -flow increases. Mitigation could include the above noted provision of pervious pavement surfaces and incorporation of on-site pervious (landscaped) surface into the drainage plan, and could also include on-site detention of peak storm flows in underground or surface facilities. The draft drainage report will be submitted to the City (and, if directed by the City, to Caltrans) for one round of review and revision prior to being summarized and incorporated into the Draft EIR. Ukiah Wal-Mart Expansion EIR 5-255 5. Scope of Work 9. Hazards and Hazardous Materials The existing Wal-Mart store sells some materials that could be considered hazardous (flammable, poisonous, ignitable or corrosive) but they are transported, stored, and sold to customers in small quantities and in appropriate containers. Wal-Mart complies with federal and state regulations for hazardous materials management. The proposed store expansion would not affect Wal - Mart's hazardous materials procedures. However, the construction of the expansion could require the use of some hazardous materials including fuel, adhesives, paint products, and certain construction materials. These materials would be transported to the site and stored temporarily onsite in accordance with state and federal hazardous materials regulations and workers would use these products as recommended by the manufacturer. The construction standards and practices of this project would be similar to other commercial construction projects. The potential that misuse of these products would result in a substantial risk to the public or the environment is very low. Other hazards considered under CEQA include hazards associated with airports, schools, and wildfires. The Ukiah Regional Airport is located less than one -mile from the project site. Land use compatibility in the vicinity of the Airport is controlled by the Mendocino County Airport Land Use Commission through the Mendocino County Airport Comprehensive Land Use Plan (CL UP). Wal-Mart is a commercial retailer and, as mentioned above, sells small quantities of hazardous materials in consumer packaging under appropriate federal and state regulations. There are no issues with this project regarding chemical hazards and proximity to schools. The proposed project is located in an urbanized commercial area and the threat of wildfire is low. Tasks • ESA will develop a comprehensive understanding of the existing site conditions as it relates to past releases of hazardous materials into the underlying soils and groundwater. ESA will review databases for local and state agencies such as California Department of Toxic Substance Control and the Regional Water Quality Control Board, as needed, to determine risks and current regulatory closure status of nearby and onsite contaminated properties. • ESA will review of state and federal hazardous materials and hazardous waste regulations and local ordinances, as they pertain to the project site. • ESA will review the project's consistency with the noise, safety, and land use restrictions of the Mendocino County Airport Comprehensive Land Use Plan (CLUP). • Using CEQA and established regulatory standards, ESA will identify significance criteria to be used within the EIR. In general, significance thresholds for public health and safety will include an assessment of 6-26 Ukiah Wal-Mart Expansion EIR E SA 5. Scope of.Work explosion risk, site potential for wildland fires, use of fuels for heavy equipment, issues associated with the movement or upset of hazardous substances, and interference with emergency response plans or emergency evacuation plans. • Identify feasible, appropriate mitigation measures to avoid or reduce adverse impacts. 10. Public Services and Utilities Expansion of the existing Wal-Mart and the addition of food sales would result in increases to the number of on-site daytime population that could, in turn, result in an increased need for police and fire protection services. The EIR will assess potential impacts of the project on police and fire services. Increased employment could indirectly increase use of, and impact to, local public parks and recreational facilities and may indirectly contribute to increases in the number of primary and secondary students in local school districts. However, inasmuch as retail employment typically does not generate wages high enough to induce migration, it is likely that project jobs would be filled by existing residents of Ukiah and surrounding communities, and that project effects on schools and recreational facilities would be very limited. The proposed project would increase utility usage and energy on the site. The project could also result in more intense use of some utilities at a time when energy resources may require conservation. Working closely with the applicant and City staff, ESA will assess the need for energy resources and utility services that include water, sanitary sewer service, gas, electricity, and communications services. ESA will use any studies already prepared as part of project planning to the extent practical. Tasks • Describe existing fire protection and emergency medical services, including personnel, equipment, water storage, and adequacy of emergency water supplies. • Describe the location of the nearest fire station(s), and describe the station's staffing, equipment, and response times to the project site. • Describe any existing policies for fire protection and emergency medical services at the project site. • Determine whether additional fire protection or emergency medical services staff or equipment would be required as part of the proposed project. Ukiah Wal-Mart Expansion EIR 5-27 5. Scope of Work • Identify measures to mitigate any identified impacts on the environment generated by a need to expand or improve fire protection and emergency medical services. • Describe existing police protection services and security procedures at the project site; describe current response times and relevant crime statistics. • Assess whether additional security personnel or procedures would be required as a result of the project. • If additional security personnel and/or equipment would be required, assess whether new or expanded facilities would be required; describe whether new or expanded facilities could have a significant impact. • Identify measures to mitigate any identified impacts on the environment generated by a need to expand or improve police protection services or security procedures. 11. Population and Housing While no residential development is proposed, the addition of approximately 50,000 gross square feet of retail space to the existing building would increase the daytime population of workers (e.g., office and retail employees) as well as shoppers at the project site. This change could alter the existing population and housing conditions within the City. The Population and Housing section will evaluate the population, job and housing impacts of the proposed project. Tasks • Identify and describe existing business activity and employment, existing housing and population in the region, City and project area vicinity. • Describe current conditions and trends in the local housing market: housing prices and rents, vacancy rates, and important demand and supply factors, including the role of local employment growth in the housing market. The assessment will include consideration of conditions not only in the City of Ukiah but in the wider region as well. Use information from real estate industry reports, local plans and available background reports. • Review and assess current City of Ukiah plans and policies related to the housing supply, including policies of the City's General Plan Housing Element. • Based on the number and type of jobs associated with the proposed project, identify the project's expected changes to the City of Ukiah's job to housing balance. • Describe the housing demand associated considering the new employment associated with the proposed Wal-Mart expansion. Also'consider the cumulative employment changes expected within Ukiah and the region from the housing market implications of the propose project. 5-28 Ukiah Wal-Mart Expansion EIR ES1 5. Scope of Work .. • Where feasible and if necessary, identify potential mitigation measures for any both project and cumulative impacts to reduce the magnitude of the project -related adverse impacts to the local population or housing conditions. 12. Biological Resources The project site is located on a developed site with limited biological features to support wildlife habitat. Proposed expansion of the Wal-Mart store would be located mostly in existing ornamental lawn areas adjacent to the store on the east and another area to the southwest, and in smaller paved areas. Some existing trees would be removed as part of the expansion. The proposed project is anticipated to install new landscaping and trees surrounding the expanded . building and new parking areas with species similar to those that currently exist on the Wal-Mart site. 12a. Arborist's Report ESA's in-house International Society of Arboriculture (ISA) Certified Arborist will survey the areas that would be impacted by the proposed project. Trees to be surveyed include all trees within the Ukiah WalMart Expansion study area. The survey methods follow standard professional practices. The survey will consist of identifying, measuring, assessing, and tagging all trees in the project impact area. Trees will be tagged with 1 inch aluminum tags. Information collected will include the diameter of the tree at breast height (dbh) (54 inches above natural grade), the radius of the dripline (measured at the largest radius), the general condition of the tree and its components (root collar, trunk, limbs, foliage), the general structural health of the tree, and its overall vigor. All tree location data will be collected with a Global Positioning System (GPS). All tree location data will be converted into a GIS format. The GPS data will be used to analyze project impacts to tree resources using ArcGIS software. A tree impact survey map will be prepared will be included in the arborist report. Arborist Report The Certified Arborist will prepare an arborist report for the project. The arborist report will provide the following information: • Botanical name of tree(s) by tree number; • Common name of tree(s) by tree number; • Location of tree(s) by tree number; Ukiah Wal-Mart Expansion EIR 5-29 5. Scope of Work • Circumference by tree number; • Dripline radius by tree number (measure longest radius); • Condition by tree number; The report will also include recommendations for the removal and/or protection of trees on site as well as measures to protect trees during construction of the project. Note that the existing olive trees within the parking lot are to be removed and replaced as part of the proposed project. Therefore, they will be identified by species name and location and will not be surveyed for size and condition. A typical description of the size/radius (for purposes of determining shade area) of the olive trees will be included. 13. Cultural Resources Although no cultural resources are known to exist at the project site, ESA will conduct an updated records search at the Northwest Information Center to confirm that no new information is available that indicates the possible existence of prehistoric archaeological resources on or near the site. ESA will also contact the Native American Heritage Commission to request information on any known sacred sites within the project area and to request a list of contacts for Native American tribes who may have an interest in the proposed project. ESA will contact all tribes regarding the project and potential impacts to Native American resources. 14. Alternatives In addition to the proposed project, the EIR will evaluate several alternatives. ESA will work with City staff and information received during the scoping process to define the alternatives to be analyzed. Our scope of work assumes three alternatives, including the No Project Alternative. The EIR may also identify other alternatives which were identified and rejected as infeasible. ADEIR Document The ADEIR will be delivered to City staff and the ESA team's CEQA attorney (see Task 12) for review and comment. Deliverables • Ten (10) printed copies and five (5) electronic copies (MS Word/PDF) of the Screencheck DEIR; 5-30 Ukiah Wal-Mart Expansion EIR ESA 5. Scope of Work F 1 Task 6: Prepare Draft EIR After City staff has reviewed and commented on the ADEIR, ESA will incorporate the necessary revisions based on one (1) consolidated set of non - contradictory comments from the City and prepare and submit copies of a screencheck Draft EIR (DEIR) for approval by City staff. Upon staff approval, ESA will submit 50 copies and 15 CDs of the DEIR. This scope assumes ESA will provide a single delivery of the final DEIR documents to City staff for its distribution to the public and responsible agencies. However, if requested by the City, ESA can deliver the required copies of the DEIR and Notice of Completion to the State Clearinghouse. ESA will also prepare a draft Notice of Availability (NOA) and a draft Notice of Completion (NOC) for review by City staff and, following receipt of comments, will prepare a final NOA and final NOC for distribution by the City. Deliverables • Ten (10) printed copies and five (5) electronic copies (MS Word/PDF) of the Screencheck DEIR; • Fifty (50) printed copies and fifteen (15) electronic copies (MS Word/PDF) of the DEIR on CD • Draft and Final Notice of Availability and Notice of Completion. Task 7: Prepare Draft Mitigation Monitoring and Reporting Program Following publication of the DEIR, ESA will prepare a draft Mitigation Monitoring and Reporting Program (MMRP) in compliance with Public Resources Code Section 21081.6, CEQA Guidelines Section 15097. For any significant impact identified in the DEIR, the MMRP will describe the required mitigation and the responsible parties, tasks, and schedule for monitoring mitigation compliance. ESA will submit the draft MMRP to the City for review and comment; ESA will then submit a revised MMRP to the City in conjunction with Task 9 (Final EIR). The MMRP will be prepared in the form of a matrix, and may be either bound in the Final EIR, or submitted separately, at the City's discretion. Ukiah Wal-Mart Expansion EIR 5-31 5. Scope of Work Task 8: Prepare Administrative Draft Final EIR (Response to Comments on the Draft EIR) At the conclusion of the 45 -day public review period for the DEIR, ESA will discuss the comments received, and the appropriate responses and response strategies to those comments, with City staff. ESA will identify key issue responses and identify possible master responses. It is anticipated that ESA and City staff will agree on the overall approach to responding to comments and will assign specific tasks associated with the preparation of these responses. Should the public comments raise issues not previously within the scope of work, ESA will consult with the City to achieve cooperative resolution of the out -of -scope issues or comments that prompt substantial additional work beyond that assumed by the proposed budget. ESA will submit the Administrative Draft Final EIR (ADFEIR) (Response to Comments on the DEIR) to City staff and the ESA team's CEQA attorney (see Task 12). City staff will review the document and provide ESA with one consolidated set of non -contradictory comments. Meetings • One (1) meeting with City staff to discuss comments on the Draft EIR, identify substantial issues raised and appropriate response strategy Deliverables • Ten (10) printed copies and five (5) electronic copies (MS Word/PDF) of the Administrative Draft Final EIR on CD Task 9: Prepare Final EIR Once the ADFEIR has been reviewed by City staff, ESA will incorporate any necessary revisions based on one consolidated set of non -contradictory comments from the City and will submit a screencheck for approval by the City. Upon staff approval, ESA will submit the Final EIR. This scope assumes ESA will provide a single delivery of the Final EIR documents to City staff for its distribution to persons or agencies that commented on the DEIR. Deliverables • Ten (10) printed copies and five (5) electronic copies (MS Word/PDF) of the Screencheck FEIR; • Fifty (50) printed copies and fifteen (X15) electronic copies (MS Word/PDF) of the FEIR on CD 5-32 Ukiah Wal-Mart Expansion EIR E SA 5. Scope of Work Task 9a: Prepare Notice of Determination Upon approval of the project by the City Council—if forthcoming—ESA will prepare a draft Notice of Determination (NOD). Following review and approval by City staff, will arrange for filing of the NOD with the Mendocino County Clerk and with. the State Clearinghouse. Filing with the County Clerk must be accompanied by the appropriate state Department of Fish and Game fee, as well as any applicable filing fee(s) assessed by the clerk. These fees must be paid by the City or the project applicant. Task 10: Public Meetings and Hearings The ESA project manager, project director, and key technical staff as needed, will attend the public hearings on the EIR. It is anticipated that one hearing will occur during the 45 -day public review of the DEIR, and three meetings will occur after the Final EIR is issued as part of the project hearings. These meetings may be conducted by the Planning Commission and/or City Council (if the project is appealed). As part of this task, ESA will prepare findings and (if necessary) a statement of overriding consideration (SOC) as required by CEQA. The draft findings and SOC will be reviewed by the ESA team's CEQA attorney (see Task 12). The ESA project manager will also attend up to three (3) community meetings, held either by the project applicant or the City. ESA team members will be available to attend additional meetings and hearings beyond those included in he proposal on a time -and -materials basis upon the request of the City. Task 11: Expanded Public Notice The ESA scope provided above meets all CEQA requirements. This additional task would provide expanded public notice to the public. This expanded public notice is consistent with CEQA Guidelines 15087(b) and 15201. Develop Project Mailing List Objective: Assist City staff in building and maintaining a comprehensive project mailing list. This will also be used as part of a database to continue comment tracking. Approach: ESA would develop the list from existing sources and maintain and update the list over the course of the project, using it in the CEQA process and as the primary vehicle to inform the public about the project. Ukiah Wal-Mart Expansion EIR 5-33 5. Scope of Work Schedule: Initial work on the mailing list will occur upon notice to proceed (NTP). Expansion, editing, and updating activities will take place throughout the project. Creation and Dissemination of Project Announcements Objective: Produce single sheet or postcard announcements at key points throughout the project. They can serve as a mechanism to share information about the project and remind the public of upcoming dates or milestones. The announcements will also identify available documents, including electronic documents on the City's website. These announcements would be informal, and would augment the required notices (NOP, NOA, etc.). Approach: ESA will develop the announcement and deliver for review and approval by the City. ESA can compile and summarize comments generated by the announcement's dissemination as well. Schedule: Announcement could be sent out at various times during the CEQA process per City direction, but it is suggested they correspond with (1) the scoping period, (2) DEIR review and hearing, and (3) release of the FEIR. Task 12: Attorney Review For review of the legal adequacy of the EIR, ESA will contract with the firm of Remy, Thomas, Moose and Manley, LLP. As requested by the City, this task includes review of the administrative draft EIR, administrative final EIR, and the Findings of Fact. Consultation with City staff and the City Attorney is also assumed. Costs for legal review (see attached Table 6-1) is based on an assumption of 50 hours to review and comment upon the administrative draft EIR, 30 hours to review comments on the draft EIR and responses, 15 hours to review findings, 18 hours for meetings (3), and 20 hours to cover assorted conference calls and consultation. Cost is based on a blended rate of $275 per hour. ESA will not charge our standard administrative mark-up for legal review. 5-34 Ukiah Wal-Mart Expansion EIR Albl A W AI A wWwi w G O V h O N N W o O M b ie v m u b A M p N o 0 Cl 0 0 A A 0 0 N N 0 0 O 0 0 W M 0 0 It 0 0 0 0 0 0 0 0 0 0 o 0 0 0 o e S N o$ 9 wwwwwwwwwwwwwwwwwwwwwwwwwwww w S C A N 0 N 0 0 0 ' n 0 0 N N O E N M N lV ONi G N w w w w w w w w w w w w w w w w w w w w w w w w w w w w w q w u CY V r w S Ov 00 ' M al O N E M C q L Q Q e 0 M w O M O 'a N 0 O 0 0 W N 0 0 M 0 0 W O 0 0 W WIA 0 0 W 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 w 0 I9 S N IA M 0 N 0 st �! N N N O N O1M N b A YI st N W I� N W w w w w w w w w w w w w w w w w w w w w w w w w .1. w w w c o M a N W o 0 A 0 0 V 0 O J w O N V W O a o N < N N N Sy¢ w muN U 'A N M N N W O w O N r D] N W w a O a N C Lqq d � U � �2N w CC P N M< N< O V N Q $q M M N - � � f w r N W N N N W N N N N N N .0 o 0 g N O O N Yp w a A K m o a ¢ a 16 €�za �w c F a o ' E Taa 16W o b u= N p` U u b .- U u7 aE 4l M 9 c K a �i O W OI 2 E`o a 'I'd' ro r W w t° -w' aaa Albl A W AI A wWwi w G O V h O N N W o O M b ie v m u b A M O O CL = d _ x .� W •L L CL o � J = C .E Z ,L Q d w w O O O CD O O O O - N r� O L 69 64 69 V) 63 64 V) V) 64 64 N c 0 U T v 0 o. o c w m c om 0 N N -2 f6 m m a' occ y C > L N N v m EE U c a' rn m m m O C U a`a`o0, _3 o O O O (R (n 4 � N d N 613 V) 613 fH V) Vi Vi 69 64 (fl 64 V) V) C N N Q o 'S d m o a w N U) O ca E a -U E U N c; a„`� X a `o � o E v � E a v o w °� o m a m Z c a� a� a a m m c o d U fl o a ami a> F- `m m W E �_ m U S2 E Z a= E y � U 2 U' H J J Z fA fA LL 0 U W LO O 60 ' C) p A b M M o 1 I I 1 I I 1 I 1 C� — �U ^e m y 'ii c0 sF COI) c0 � Fc d CD O (n G. 69 VT 69 VT 603 69 69 69 69 69 64 69 EA 69 6S VT 69 6k 6g LO LO1 1 i l l I I I I l l l p Cfl M ' W 0) pp e d IL i� 69 V? 69 69 VT VT 69 6). 69 69 69 EFT 61 fA 69 CH 69 69 0 0 M (D F.Q LncoM o ee 7 SO N d yy' N Vi ;ET V! 69 (Al Vi fA W. 69 Vi VT VT 64 VT 69 fA 69 69 VT (fl h I +a` w 7 � W m u a (n ` 69 V C N St C w7' u a N 69 O O O O M M M y N O R' 69 o p o u? p in c m o F W o U a o N VJ ER fi� 0 0 s{{ e o to? 0 p c r C 1= « a 69 VT R O H C � C p 7 N a � Q. u a H N R N N Q. ca (� N �" N N LL LL 0 0 0 0 0 0 (O 00 CA LL LL O City of •ukiuf ITEM NO.: 11b MEETING DATE: December 2, 2009 AGENDA SUMMARY REPORT SUBJECT: APPOINTMENT OF NEW MAYOR AND VICE MAYOR Background: Mayor and Vice Mayor Appointment. The City Council in December 2006 established a process for appointment of the Mayor and Vice Mayor that would evolve to a seniority -based rotation. The naming of the Mayor and Vice Mayor has typically taken place at the first regular December meeting each year with installation and changing of the guard at the second regular December meeting. Councilmember Baldwin was appointed in December 2008 as Mayor, and Benj Thomas was appointed Vice Mayor, with the intent that he would become Mayor in December 2009. Attached is "Terms of City of Ukiah Elected Positions" showing the dates when Council were elected or appointed. The new Mayor and Vice Mayor would be seated at the second regular December meeting. The recommended action is for the City Council to nominate and determine the Mayor and Vice Mayor for the next year. Fiscal Impact: ❑ Budgeted FY 08/09 ❑ Recommended Action(s) 2010. New Appropriation ❑X Not Applicable ❑ Budget Amendment Required Continued on Page 2 1. Nominate and establish the positions of Mayor and Vice Mayor for Alternative Council Option(s Citizens advised: Requested by: Prepared by: Linda Brown, Executive Assistant to the City Manager Coordinated with: Jane Chambers, City Manager Attachments: Terms of Citv of Ukiah Elected Positions Approved: V,-e� Ja& Chambers, City Manager TERMS OF CITY OF UKIAH ELECTED POSITIONS CITY COUNCIL CITY TREASURER As of January 2009 CITY COUNCIL First Term Elected Elected Expires Phil Baldwin, Mayor 11/2002 11/2006 11/2010 Mari Rodin 12/2002 11/2004 11/2012 Mary Anne Landis 1/2009* 11/2010 Douglas Crane, Mayor 11/2004 l1/2004 11/2012 Benj Thomas, Vice Mayor 12/2006 12/2006 11/2010 *appointed to fill an unexpired term TREASURER Allen Carter 11/2/04 11/2012 The Mayor is no longer elected by the electorate. This is now a Council - appointed rotational term. As decided at the December 6, 2006, City Council meeting, the action was: To begin with one-year terms and for those [Councilmembers] having 2 years left to their terms to begin the cycle [of being Mayor] and rotate according to seniority through the others. \\Cou-srv03\shared\Administration\City Clerk\COUNCIL\Terms - Council Jan. 2009.doc ITEM NO.: MEETING DATE: CU11 of "zlktaF AGENDA SUMMARY REPORT 11c December 2, 2009 SUBJECT: CONSIDER APPOINTMENTS TO THE PATHS, OPEN SPACE, AND CREEKS COMMISSION (POSC) AND RESOLUTION NAMING THE APPOINTMENTS. Background: Vacancy Announcements were posted at various locations and sent to the Ukiah Daily Journal December 2008 soliciting applicants to fill expiring terms of City of Ukiah Boards, Committees, and Commissions. The normal appointment process was held up with the hope of discussing possible changes to the Boards, Committees, and Commissions with Council in a workshop session which as yet has not taken place. Discussion: Paths, Open Space, and Creeks Commission: Three (3) seats are available with two of the three requiring residency within the city limits of the City of Ukiah. Incumbents Suzanne Farris and Beth Lang have reapplied. After the closing date of June 8, 2009, one (1) application was received meeting the residency requirements from Hannah Bird. Information has been attached regarding this Commission to assist Council with assessment of the duties and responsibilities of the Commission. Councilmember Crane nominated Robert Neale III at the 6/18/2008 meeting, placing Councilmember Thomas as next having the right to place a nomination before the City Council. Consideration of Appointments: Reappoint incumbents, accept the late application, and appoint one. Fiscal Impact: ❑ Budgeted FY 09/10 1-1New Appropriation � Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addit. Appropriation Requested Recommended Action(s): 1) Make nominations reappointing incumbents, accept the late application and appoint one member. 2) Adopt a Resolution making appointment. Alternative Council Option(s): Citizens advised: None Requested by: City Manager Chambers Prepared by: City Clerk Currie Coordinated with: None Attachments: Resolution Resolutions and City Code Information on POSC Approved: vt 6� J Chambers, City Manager JoAnne Currie From: Suzanne M Farris [birhamc@sbcglobal.net] Sent: Thursday, June 04, 2009 10:58 PM To: JoAnne Currie Subject: POSC Commission Appointment Joanne, This is to let you know that I would like to continue my POSCC appointment. Let me know if you have any questions. Thanks, Suzanne Farris 468-8059 OF UKIAH A. FUII nlarne \� (�N N �� 1 Date 06 26 n ,O Residence WEST C L f\\J, UK Midress Ili" (Rhvsical Address. � Cfi a► S g 2 Horne Phone (`i b`7)4 Q Work :Phone ( ? Emarl " @ o O B. Please answer the following on a separate sheet(s) of paper and attach. 1. Why are you. applying to serve on the City of Ukiah's Paths, Open Space; and Creeks Commission? 2. What is your. understanding :of :.the: purpose, role. and responsibility o.#<the Paths, Open Space, and Creeks Commission7`- 3. How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work t the Paths, Open Space, and Creeks Commission? 4. In your opinion, what type of programs or development should the City encourage? 5. What kind of ideal community do you envision for Ukiah? 6. Do you have any known projects or conflict of interest related to this Commission? 7. Are there any other City of Ukiah Committees/Commissions in which you are interested and on which you would be willing to serve? V, Signature of Date Thank you for your interest in serving your community and the City of Ukiah. WAMM01 Please return this application and attachments to the City Clerk's office by Monday, June 8, 2009, at noon to 300 Seminary Avenue, Ukiah, CA 95482. If you have any questions, please contact the.City Clerk's office at (707) 463-6217 or (707) 463=6213. :EDEIVED CITY Of UKIAH JUL — 2 2009 S:\Administration\City Clerk\Boards and Commissions\application—post 09.doc CITY CLERK DEPARTMENT HANNAH BIRD Application for 'City of Ukiah's Paths, Open Space and Creeks Commission B. Please answer the following on a separate sheet(s) of paper and attach. 1. Why are you applying to serve on the City of Ukiah's Paths, Open Space, and Creeks Commission? I have spent my working life involved in environmental issues and particularly over the last four years in eco -tourism. I am passionate about the responsible use of natural resources with a focus on the mutual benefit that the environment and people can derive from access to natural areas. Having run a visitor centre in a wild area of Scotland most recently,1 recognize that this balance can be difficult to realize, and this is what drives me to join the 'Paths, Open Space and Creeks Commission'. I believe my skills and desire to understand the community in Ukiah put me in a good position to make a valuable contribution to this commission. 2. What is your understanding of the purpose, role and re$ponpiollity of toe Paths, Open Space, and Creeks Commission? Through teamwork within the commission to advise the Ukiah City Council on conservation and transportation elements of the Ukiah General Plan with regard to paths, open space and creeks. Also to assist and advise on stewardship of these areas. 3. How do you believe your own skills, experience, expertise and perspectives will be beneficial to the work of the Paths, Open Space, and Creeks Commission? Since I move to Ukiah from the UK 6 months ago I have enjoyed being a user of its paths and open spaces, I have thoroughly enjoyed these areas but appreciate the need for responsible usage and careful management to assist in conservation of the habitat and access to the public. I have worked with environmental not-for-profit organizations for the last 8 years, focusing on the interactions between humans and the environment, from energy efficiency in the home, combatting climate change, to managing a visitor centre focusing on the conservation of whales and dolphins. I believe the skills I have derived from these roles put me in a good position to add to the commission advisory capacity. Since moving to Ukiah I have recently become president of the Mendocino Environment Centre and believe these 2 roles could compliment each other — in particular (with the cities approval) I would like to motivate the MEC to take part in voluntary 'litter removal' or other activities on Ukiah's paths and open spaces. 4. In your opinion, what type of programs or development should the City encourage? Encourage access to all and programs to appreciate the value of such spaces for the community eg. city wildlife walks? At this time I realize that funding must be low and all maintenance and conservation programs must be efficient, I would like to address the possibility of using local volunteers for some of these projects. 5. What kind of ideal community do you envision for Ukiah? One in which its green spaces are at its heart — are conserved and appreciated by all in the community. 6. Do you have any known projects or conflict of interest related -to this Commission? As I have mentioned I am also president of the 'Mendocino Environment Centre' — this is a new appointment and I believe that as MEC begins to focus down onto particular local issues these 2 roles could compliment each other greatly. 7. Are there any other City of Ukiah Committees/Commissions in which you are interested and on which you would be willing to serve? -- RESOLUTION NO. 2009 ATTAcllrr ! RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH MAKING APPOINTMENTS TO THE PATHS, OPEN SPACE, AND CREEKS COMMISSION WHEREAS, the annual expiration of terms for Paths, Open Space, and Creeks Commission occurred on June 30, 2009; and WHEREAS, the vacancies were duly advertised until the close of applications on June 8, 2009, with submitted applications timely received and submitted to Council for consideration; and NOW, THEREFORE, BE IT RESOLVED, that the Ukiah City Council approved the nominations submitted per procedures outlined in Resolution No. 2001-61, and do hereby appoint the following persons to terms: Paths, Open Space, and Creeks Commission Beth Lang filling the term of office for a City resident expiring on June 30, 2012; Suzanne Farris filling the term of officQ for a City resident expiring on June 30, 2012; Hannah Bird filling the term of office for a City resident expiring on June 30, 2012; PASSED AND ADOPTED this 2"d day of December, 2009, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Philip E. Baldwin, Mayor ATTEST: JoAnne M. Currie, City Clerk ATTACHMENT ARTICLE 1 B. PATHS, OPEN SPACE, AND CREEKS -�-� COMMISSION 1020: CREATION: There is hereby created a paths, open space, and creeks commission. This advisory body shall report to the city council. (Ord. 1045, §1, adopted 2003) 1021: MEMBERSHIP; APPOINTMENT: The paths, open.space, and creeks commission shall consist of five (5) members. Members shall be appointed according to procedures established by resolution of the city council. (Ord. 1045, §1, adopted 2003) 1022: DUTIES AND POWERS: The paths, open space, and creeks commission shall have the power and duty to recommend and advice regarding: A. Efficient implementation of the open space and conservation element of the Ukiah general plan. B. Efficient implementation of the pathway sections of the transportation element of the Ukiah general plan. C. Procedure and funding mechanisms for acquisition, preservation, and effective stewardship of city paths, open space, and creeks. (Ord. 1045, §1, adopted 2003) 1023: EXPENSES OF MEMBERS; NO COMPENSATION: The members of the paths, open space, and creeks commission shall receive no compensation, except such traveling expenses as are authorized by law. (Ord. 1045, §1, adopted 2003) 1024: CHAIRPERSON; OFFICERS: The paths, open space, and creeks commission shall elect a chairperson from among its members for a term of one year and may elect such other officers as it may determine. (Ord. 1045, §1, adopted 2003) RESOLUTION NO. '2007-28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING RESOLUTION NO. 2003-35 ESTABLISHING THE PATHS, OPEN SPACE, AND CREEKS COMMISSION WHEREAS, 1. The City Council of the City of Ukiah wishes to insure the successful implementation of the Open Space, Transportation, and Conservation elements of its General Pian; and 2. In response to community input the City Council has expressed interest in seeking and securing properties for the preservation of open space, and development of trails and pathways; and 3. The City Council has also expressed interest in restoring, rehabilitating and enhancing the City's creeks; and, 4. In order to ensure the successful implementation of these goals and objectives the City Council adopted Ordinance No. 1045 on April 2, 2003 creating the Paths, Open Space, and Creeks Commission; and, 5. In order to implement Ordinance No. 1045, it is necessary to adopt of policies and procedures for appointing members and establishing terms of service; and 6. The City Council has determined to amend Resolution No. 2003-35, originally establishing the POSC Commission to expand eligibility to serve on the Commission: NOW THEREFORE BE IT RESOLVED, that the city Council of the city of Ukiah determines: The Paths, Open Space, and Creeks Commission shall consist of five members. 2. The members of the Paths, Open Space, and Creeks Commission shall be appointed as follows: Except as provided herein, three (3) of the members shall be residents of the City and two (2) may reside outside the City but within the Mendocino County. Members shall be appointed according to procedures established by resolution of the City Council. Members shall be appointed for a term of three (3) years which terms shall be staggered. PASSED AND ADOPTED on the September 5, 2007, by the following roll call vote: AYES: Councilmember Thomas, NOES: None ABSENT: Mayor Rodin ABSTAIN: Non Crane, McCowen, and Baldwin A Marf Rodin, Mayor RESOLUTION NO. 2001-61 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING PROCEDURE FOR FILLING VACANCIES ON CITY COMMISSIONS AND BOARDS. WHEREAS, 1. Ukiah City Code §1151 provides that members of the Planning Commission shall be appointed in accordance with a procedure established by resolution of the City Council; and 2. The City Council adopted a procedure for filling vacancies on the City's boards and commissions, including the Planning Commission; and 3. The City Council has determined that using a uniform procedure will insure fair and consistent treatment of candidates and Councilmembers; 4. The City Council has determinpd to amend its procedures for appointing commissioners; NOW, THEREFORE, BE IT RESOLVf-D that the City Council hereby adopts the following amended procedure for filling vacancies on the City's commissions and boards, including the Planning Commission. PROCEDURE FOR FILLING VACANCIES ON COMMISSIONS AND BOARDS The City Council shall fill vacancies on City boards and commissions, using the following procedure. 1. Applicant pool. The City Council shall develop an available pool of candidates for a vacancy by advertising the vacancy at least once in a newspaper of general circulation in Ukiah not less than thirty (30) days prior to the council meeting at which the vacancy is to be filled. The advertisement shall specify a deadline for submitting applications. All completed applications received prior to the deadline shall be included in the pool of available applicants, provided the applicant; a. meets the minimum qualifications for the position as established in the applicable Ukiah City Code section or resolution, establishing the commission or board; and b. participates in a personal interview, if the City Council conducts personal interviews for the position. The City Council has determined that interviews will be conducted for applicants of the Planning Commission, the Parks, Recreation and Golf Commission, and the Airport Commission. An application shall be deemed complete when signed by the applicant. Applications included in an available pool may be used as a source of nominations for a period of one (1) year from the application deadline. 2. Exceptions. The following shall be considered for appointment or reappointment to a commission or board without submitting a written application: a. Incumbents seeking reappointment for an additional term; b. Elected officials seeking appointment in their capacity as elected officials; c. City staff seeking appointment in their capacity as City staff; d. All appointees, except public members, on the Investment Oversight Commission, Traffic Engineering Committee, Cultural Arts Advisory Board and the Disaster Board; e. City Council members, including the Mayor, appointed in their capacity as City Council members; and f. Appointments to the Civil Service Board. Any such exempt applicants shall be considered for appointment, if they submit a written request for consideration within 10 days of the date the appointment is made. 3. Nominations. Each Councilmember, including the Mayor, shall have the right to nominate a candidate from the available pool of candidates. a. The right to place a name before the City Council for consideration shall rotate among the Councilmembers based on seniority with the most senior Councilmember going first. b. The Council shall vote on each nomination as it is made. c. A Councilmember's right to make a nomination shall terminate and the right to nominate candidates shall rotate to the next most senior Councilmember, when a Councilmember's nomination is approved by a majority vote of the Councilmembers present or the Councilmember agrees to pass the nomination to the next most senior Councilmember, whichever occurs first. d. This process for rotating the right to nominate candidates among Councilmembers to fill vacancies shall be followed for each separate commission or board. 1. The City Clerk shall maintain a record of the last Councilmember to make a nomination for each commission or board. 2. When another vacancy must be filled on that commission or board, the next Councilmember in line to make nominations for that commission or board shall make the first nomination to fill the vacancy. PASSED AND ADOPTED this 6th day of June, 2001, by the following roll call vote: AYES: Counciimembers Larson, Smith, Baldwin, and Mayor Ashiku NOES: Councilmember Libby ABSTAIN: None ABSENT: None -04 W/ / Philip Ashiku, Mayor ATTEST: Marie Ulvila, City Clerk ITEM NO.: 11d MEETING DATE: December 2, 2009 AGENDA SUMMARY REPORT SUBJECT: AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH SHN CONSULTING ENGINEERS AND GEOLOGISTS, INC FOR PROFESSIONAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE DEVELOPMENT OF THE UKIAH SKATE PARK, THE RENOVATION OF ANTON STADIUM AND THE REPAIR OF THE UKIAH CIVIC CENTER. Background: The City released a request for proposals (RFP) for professional services from qualified firms or individuals to provide construction management services for the development of the Ukiah Skate Park, the renovation of Anton Stadium, and the repair of the Ukiah Civic Center. While each project is at a different stage of preparedness, they are all active and require coordination and/or evaluation of pre -design, design, and/or bidding services; as well as construction management and inspection services. The RFP is included as Attachment #1 for review. The RFP was issued to an existing list of construction management firms and posted to the City's website, with the result of a total of thirty-one (31) firms receiving the RFP. Responses were received from eleven (11) firms. . The following firms submitted proposals by the deadline: • Innovative Construction Services • RBF Consulting • Hallmark Group • Van Pelt Construction Services • Masterson Construction, Inc. • Strata/Nordby • SHN Consulting • Green Valley Consultants • 4Leaf, Inc. • Anchor Engineering • Counterpoint Construction Services Continued on Page 2 Recommended Action(s): Authorize the City Manager to negotiate and execute a contract with SHN Consulting Engineers and Geologists, Inc. for Professional Construction Management Services for Anton Stadium, Ukiah Skate Park and Ukiah Civic Center Projects and approve the corresponding budget amendments. Alternative Council Option(s): 1. Determine the execution of a contract for Professional Construction Management is inappropriate at this time and remand to staff with further direction. 2. Select an alternative candidate for Construction Management and authorize the City Manager to negotiate and execute a contract. Citizens advised: Terry McGillivray, Anton Stadium Stakeholder Requested by: N/A Prepared by: Sage Sangiacomo, Assistant city Manager Coordinated with: Jane Chambers, City Manager, Mary Horger, Purchasing Supervisor, Katie Merz, Community Services Supervisor; and Guy Mills, Project and Grant Administrator Attachments: 1. Request for Proposals for Professional Services 2. SHN Consultants Cost Proposals Approved: .Z5�_��� ,41le Chambers, City Manager Discussion: A subcommittee was formed to discuss and evaluate the proposals. The subcommittee consisted of City Staff and Terry McGillivray, Anton Stadium Stakeholder and local engineer. Each.of the members received copies of the proposals for advance review. The subcommittee evaluated and ranked the proposals in regard to responsiveness to the RFP. Based on the initial rating from the review of the written proposals, the top two companies including SHN Consulting and Green Valley Consultants were invited to an interview. After a comprehensive discussion with the principals from each company that were proposed to provide the requested services, the panel is recommending SHN Consulting. While both companies were deemed qualified, the committee felt that SHN Consulting is best suited to address the diverse needs of.each of the identified projects. SHN Consulting has provided a cost estimate for construction management services for each of the projects. These estimates are included as Attachment #2 and summarized below. While these estimates will represent the not to exceed amount for each project, the City will be billed on a time and material basis. As each project matures, City Staff will strategize and finalize construction management and inspection tasks with SHN Consulting to ensure that the specific needs of each project are comprehensively addressed in a timely manner while limiting unnecessary costs. The City will only be charged for services rendered and at any point should the Council deem it appropriate to hold and/or not proceed with one of the identified projects no further costs will be incurred. Fiscal Impact: Civic Center Repair Project: Repairs to the Civic Center are anticipated and capitalized as the facility ages. Each year, the City capitalizes funds from the various users of the facility to offset these costs. These funds are placed in a Civic Center specific capital projects fund and utilized as needed. The current scope of work includes the renovation of flat roof surfaces near the front entrance, the main peaked tile portion, the front portico tiles, the north east corner of the tile roof, and damaged gutters and facade. The repairs were recently awarded by the City Council to R&C Construction in the amount of $133,056. Staff requests approval of construction management and full-time inspection services from SHN Consulting in amount not to exceed $43,920 for the Civic Center Repair Project. a Budgeted FY 09/10 1 New Appropriation ❑ Not Applicable FI Budget Amendment Required Amount Budgeted Source of Funds (title and #) Account Number Addtl. Appropriation Requested Not to Exceed $43,920 Civic Center Capital Project 698.1915.800.000 $0 Anton Stadium Renovation and Ukiah Skate Park Development Projects: In 2005 the City of Ukiah was awarded two $500,000 competitive grants from the State of California Department of Parks and Recreation for the renovation of Anton Stadium and the development of the Ukiah Skate Park. As a requirement of the grants, the City must raise at least $214,857 in matching funds for each project. The match can include monetary/material donations and volunteer labor/equipment. Staff estimates that the match component for each of the projects has been achieved. Excluding in-kind, total funds raised to date for the Skate Park are $841,120 and $703,235 for Anton Stadium. While funds are available for each of these projects, procedurally a budget amendment is required given that the City has not yet adopted a Park Development Fund Budget for Fiscal Year 09/10. Staff requests approval of construction management and inspection services from SHN Consulting in amount not to exceed $58,720 for Anton Stadium and $55,600 for the Ukiah Skate Park and approval of the corresponding budget amendments. Budgeted FY 09/10 New Appropriation Not Applicable I X1 Budget Amendment Required Source of Funds (title and #) Account Number Appropriation Requested Anton Park Grants and Donations 140.6050.800.007 Not to Exceed $58,720 Source of Funds (title and #) Account Number Appropriation Requested Skate Park Grants and Donations 140.6050.800.005 Not to Exceed $55,600 Attachment #1 City of Ukiah REQUEST FOR PROPOSAL CONSTRUCTION MANAGEMENT SERVICES PROPOSALS DUE BY 5 P.M. OCTOBER 8TH, 2009 City of Ukiah 300 Seminary Avenue Ukiah, California 95482 www.cilvofuldah.com Page 2 of 5 INTRODUCTION The City of Ukiah requests proposals for professional services from qualified firms or individuals to provide construction management services. The objective of this RFP is to secure a construction manager for three projects. Each of these projects has undergone preliminary design phases and has had construction documents prepared. While each project may be at a different stage of preparedness, they are all active projects. The following are the list of projects, reflecting each preliminary budget which includes arch itect/engineering services, construction costs, landscaping and amenities: • Ukiah Skate Park $714,857 • Anton Stadium $714,857 • Ukiah Civic Center Repairs $250,000 The selected contractor will provide coordination and/or evaluation of any needed pre -design, design, and/or bidding services; as well as construction management services for each of the projects. Background of three projects: Ukiah Skate Park — The project includes construction of an approximately 20,000 — 25,000 square foot skate park consisting of a self-contained concrete structure with berm style walls, bowls, ramps, rails, and other features common to such parks. The concrete structure will be accented with a landscaped park that will encompass the facility. Additional amenities will include seating, picnic facilities, restrooms, and parking. Wormhouldt, Inc. has been retained for design services, preparing construction documents and limited support for construction observation. Wormhouldt, Inc scope of service agreement is available for review. Construction documents are 90% complete with anticipation construction bid to be released in early October 2009. Anton Stadium Since its construction in 1952, Anton Stadium has been the primary location for outdoor youth sporting and recreational activities in the Ukiah Valley. However, the facility has aged beyond that of routine maintenance and requires significant renovation in order to accommodate continued usage.. The grandstands have been demolished and reconstruction of the structure along with multipurpose space, restrooms, and storage is the main component of this project. The parking lot will also need to be resurfaced and line. Pedestrian and accessibility issues will need to be addressed with the renovation of stairs, walkways, ramps and drinking fountains throughout the complex. Other components of the project may include field upgrades including renovation of the dugouts, drainage, and batting cage. Construction plans are for the grandstands are 90% complete as designed and engineered by a volunteer group of professionals. Bid and construction- of stadium will be done in two phases. First phase will include the bid for the erection of the metal building, the roof and the pre -cast concrete seating of the Stadium. The second phase will include primarily the interior section of the stadium and other components listed above. Phase 1 bid is expected to be released in early December 2009. • Ukiah Civic Center Repairs - A Request for Bid is under development and will be released for the removal, repair and replacement of large sections of clay roof tile and the entire Duralast roof, sections of the Civic Center. Additionally there will be substantial repairs made to the gutters. This project is budgeted at $250,000. Page 3 of 5 SCOPE OF SERVICES The scope of services shall include tasks described below, as well as other elements or modifications, which may be suggested by consultants presenting proposals to better meet the needs of the City. All services shall be provided in accordance with the City's draft professional services agreement, a sample of which is attached as Attachment "A". Construction management for the above projects will include: • Becoming familiar with each project, including performing a field review, reading all bid documents, and understanding the scope of work for each project. • Monitoring construction to see that each project is built in accordance to plans and specifications, within budget, and on schedule. • Monitoring of required special Testing Reports and Evaluations. • Preparing for, scheduling, and running construction meetings as necessary. • Preparing and distributing Meeting Minutes. • Receive, coordinate, reviewing and responding to requests for information, change orders, submittals and shop drawings. • Preparing, coordinating and issuing supplemental instructions as necessary to clarify technical details. • Preparing field observation reports on a weekly basis. • Maintain an addendum log -documentation and distribution of changes to construction documents after they have been released to bidding but before contract has been signed. • Coordinating with other outside consultants, agencies, and City staff as necessary. In addition, assist with the coordination and management of donated materials and/or labor that may be components of the Anton Stadium and Skate Park Projects. • Coordinate and be present during Job Inspections conducted by Inspectors. • Reviewing pay requests and approving payments. • Coordinate with designers to preparing preliminary and final punch lists. • Provide recommended maintenance and cleaning manuals. • Maintain grant related documentation as necessary and assist with filing reports to the State of California Parks Department associated with the Anton Stadium and Skate Park Projects. • Preparing notice of completions for both substantial and final completion. CONSULTANT'S PROPOSAL Proposals shall be labeled: "CONSTRUCTION MANAGEMENT SERVICES". Proposals shall be submitted to: Mary Horger, Purchasing Supervisor City of Ukiah 300 Seminary Avenue Ukiah, CA 95482-5400 Three (3) copies of the PROPOSAL are required. Proposals must be received prior to 5:00 PM October 8th, 2009. Page 4 of 5 Proposals shall Include as a minimum the following: Project approach and schedule Describe the proposed approach and procedures to be used in completing the tasks described in the Scope of Services. Include a proposed schedule showing completion of the various tasks. Cover letter The cover letter should include a brief overview of the specific approach and procedures the firm proposes to complete the tasks described in the Scope of Services. Please explain why the consultant's proposal is thebest proposal for the City. The cover letter must be signed by an official authorized to bind the successful firm contractually and shall contain a statement to the effect that the proposal is a firm offer for a minimum period of thirty (60) days after the submittal date. The letter accompanying the proposal shall also provide the following: name, title, address, and telephone number of individuals with the authority to negotiate a contract and bind the consultant to the terms of the contract. Qualifications Describe the qualifications and experience of the consultant/firm as related to the each project. Candidates must demonstrate experience with similar projects — government preferred. Provide a brief resume of the individual who will be assigned to this project. Fee proposal Provide a fee proposal for each project separately, based on an hourly rate schedule with a "not to exceed" maximum cost for all work identified in the Scope of Services. Provide a tabulation of the project staff and number of work hours for each task. Indicate if travel time, mileage, and per diem will be charged. Include any sub -consultant cost. Additionally, please identify miscellaneous costs associated with this proposal. Submit a copy of your firm's current itemized hourly rate fee schedule. Fee proposals must be submitted in a sealed envelope. Independence The candidate should provide an affirmative statement that it is independent with respect to any construction companies that may be considered for these projects. References Provide a list of similar projects for which the firm has completed similar projects with a list of at least three client references associated with these projects. include client references for any proposed sub -consultants. Provide names of contact person, addresses and telephone numbers for all client references. Exceptions Identify any exceptions you are proposing with respect to the Scope of Services. Additionally, if there are any exceptions to the City's insurance requirements and/or the City's draft professional services agreement as shown in the attachments, the Consultant should list the exceptions in the proposal. INSURANCE REQUIREMENTS The insurance requirements are set forth in Attachment "B". EVALUATION OF CONSULTANT'S PROPOSAL It is the intent of the City to award a contract to the candidate whose proposal is in the best interest of the City, and based upon but not limited to the candidate's demonstrated experience, Page 5 of 5 ability and fees. The City shall rank acceptable proposals received and may conduct oral Interviews with the top ranking candidates. Candidates selected for an interview shall be prepared to present evidence of professional ability to perform. Such presentations will provide applicants with an opportunity to answer any questions regarding the proposal. Not all candidates may be asked to conduct an interview. The following evaluation criteria will be used in evaluating and selecting candidates: 1. Candidate's independence with respect to any construction companies that may be considered. 2. Candidate's specialized experience and technical competence as applicable to the services required. Resumes must be furnished for the proposed team members and team leader. 3. Candidate's past record of performance, on similar projects, including control of costs, quality of work, and completion In a timely manner. 4. Candidate's capacity to perform the work in a timely fashion. A proposed work plan and organization chart should be included. 5. Candidate's familiarity with the type of problems applicable to the project. 6. Candidate's demonstrated experience in construction management, especially for government agencies. RIGHT OF REFUSAL The City reserves the right to reject any and all proposals without qualifications. Proposals will be considered only in their entirety. The City reserves the right to negotiate the specific requirements and costs for the work as stated in this RFP. QUESTIONS Questions shall be directed to Ms. Mary Horger, Purchasing Supervisor, City of Ukiah, 300 Seminary Avenue, Ukiah, CA 95482-5400, by voice phone: (707) 463-6233, fax phone: (707) 463-6234, or by email: mhorger@cityofukiah.com. =o §9 q o cc = 2 ® «m 2 0 L.$CLOD ##cT"c� ?Rcc N'to low E q IL (Z) _#• o f o 0 Co 0 0� c o qn --q L � ^ . 2 0 ��% of =E#I / o � A @ Q/ m @ 2 C\l Cu Q E % : $ 2 Cu £ Q �$ § K % / '% C / a 2 . § . 0 7 k Co 7 7 ) ¥ 2 20 Ek/k7 0 Co a f% E 2 0 @ g 0 7 CU — c 2 E 2 7 0 2\ * ƒ) 3 Cz o 2 2 t 02 / ff /£2/�§§CL�kk Co§ / E\ 2 /& �� $ o c o m i C/) Q § 2£ 2 5-2 2 S$- 2 0 0"< a s a¥ m E 2 T 0.@ E 2 G\ 6§ i ( § .2 « / % t / § 2 § % k �§.E ] % b 0—| 2< CO) m ¢ @@ ± CL . . o e@ a 3± CL . . . . o U@ 2 w . . o= CL 0 . . o> 0 0 . . 3 I C . . R q '�COkW 4a o k \ o 6 E 'r--�2f C,) CU / 0 LU o0 (02w CII) C CD I't 2 Attachment #2 El .s c CN Q � L d r C o Q.aO d•ItSb�O� �a00 ., c Y O OONO 'td 0 d'M�� N _ O OOONd'O `d O 00d•d 00(.0 NMMNN�000f U. U Na� oCD p 00 't 00 0o d• v O 6% A v! N Q N O c Q E O (0 cu U c cin aci E O N (D iZ V O Na Q N O N >_� )-0 cce L O L tZ c N 0 cn ,N .Q n °' N d 4« i O E c O V 7 N-0 O Y o L c `� a)0On-OVO c fn UCO U � OY C N Y O S Y N Q w E ca �� cu 5mo U vi V� N�� -ao-oca�oi`�ov-0i co as otm a� n E cca � aca E o O 1 6)c Q) CD 3n��3no3noa��coc N tT 4) N L 'U E S 0) co ai°020"000 ,N o�oo>>�< C L QQ �t1Jm�d� �'dUUU �aC O O 0 0 (D N M O � ~ La r La i c OO O (0(=; 0 E i f-- 00 'a Q o LU o O a O O H i M M M 0 0 o0 q:t X N N L Y 0 a) W a> U- 6 0 N r :■ rn 0 0 U N 0 - CL g U) 4Y;TCONSULTING ENGINEERS & GEOLOGISTS, INC. 335 S. Main St.- Willits, CA 95490-3977. 707/459.4518 • FAX: 707/459-1884 • willitsinfo@shn-engr.com Reference: 409000.084 November 24, 2009 City of Ukiah Attn: Sage Sangiacomo, Asst. City Manager 300 Seminary Avenue Ukiah, CA 95482 Subject: Revised Fee Proposal including Full Time Inspection for the Ukiah Civic Center Roof Repairs Project Dear Mr. Sangiacomo: SHN Consulting Engineers & Geologists, Inc. (SHN) is pleased to be considered for the contract to provide construction management services, as well as full time inspection of the roof repairs to the Ukiah Civic Center. This is one of three discrete projects included in the recent solicitation. The other two projects are the Anton Stadium and the Ukiah Skate Park. The roof replacement work represents a substantial capital investment meant to provide many years of economic life to the Ukiah Civic Center for the City. As we have discussed, the work is being undertaken during a typically wet weather timeframe to reduce further interior damage to the facility. It is critical that the work be performed in accordance with the plans and specifications, and that as questions and challenges arise during construction they are handled appropriately. We agree with your decision to utilize full time inspection and have prepared a revised fee estimate breakdown for your use. I have also included for your information a printout of the August 22, 2009 General Prevailing Wage Determination, by the State of California Director of Industrial Relations. Due to the routine monitoring of the work by the on- site inspector, we have been able to adjust our projected PM, CPM and APM hours downward, for a total adjusted fee estimate of $23,120. We have assumed 40 actual working days over the 120 calendar day contract period, with an average of four hours of prevailing wage (on the ground) and one hour of non -prevailing wage per day. The on-site hours would be adjusted to assure coverage is provided during the most critical times, such as when surfaces are uncovered for examination, when discrepancies or questions arise, or when work is required to be buttoned up at the end of the day. Please let me know if you feel this arrangement will provide the level of coverage you will be comfortable with. Our total adjusted fee estimate for the above inspection coverage is $20,800. If the work becomes hampered by unforeseen challenges or conditions, or is prolonged due to the contractor's work progress, it may be necessary to meet to strategize how our contract can be adjusted to handle the additional effort or what other means can be used to accomplish the tasks. It is my experience with roof projects that additional effort may be required to deal with issues that arise during non -work periods of particularly severe weather, which of course cannot be predicted at this time as to when they will occur or how long they will last. \\ Willits\projects\2009\Promos\409000.084-CofU-CM-Svcs\PUBS\CorrOut\1tr\20091124RevdProp-w-FTinspection.doc Sage Sangiacomo, Asst. City Manager, City of Ukiah Revised Fee Proposal November 24, 2009 Page 2 of 2 If all goes well, and the work proceeds smoothly and unhampered by unforeseen conditions, the contractor's work may be completed in a shorter timeframe and the City will realize some savings, as they will on the Orchard Bridge project which is currently wrapping up. The inspector's work is very dependent on the contractor's schedule. We will track all of our teams time on a weekly basis and keep you. informed. Per our discussion, if a contract is awarded to SHN for these projects, we are further committed to working with you to further strategize the construction management tasks and the needs for inspection of the other two projects. Again, thank you for considering SHN for the team for these important projects. Sincerely, SHN Consulting Engineers & Geologists, Inc. Diana Steele, PE Civil, Services Director DMS:dmf Encl: Fee Estimate Recent Prevailing Wage Determination \\ Willits\projects\2009\Promos\409000.084-CofU-CM-Svcs\PUBS\CorrOut\ltr\20091124RevdProp-w-FTFnspection.doc rn 0 0 N O p O O N d N V N O NN� Z a �, N b9 a) u7 O O O p O Y E J XC%l40 `N NCO0o0 hQNN (a a v �' LO E° c = ~ a) N ELU E oo C� �G G 0 cdON N Na.N-eN-Na0�d el v�O O Q,C O LL V e. m y 0 00 E Z d Q O N aO+iL Nd cs NNNNN v �N 4c p aN q (00 6g NC C 69 to 3 y E C9 'ter w »a) ro w otq 0 tom.. �•' ~ II vi C Cro E a U C O p +rs N Q C t/j O o aCD c �: 2) o U) v° E o m a -0(.�N � �Nw �� v� X 30 _to> _�2 o 'o mom a1 zf E 0 ocrn E� 0 w v V ti 4 &- :07 o N,0 o U.0 c0i S y o V 1013CL m'n•roEc > V y a)N LO>O O O C QQ �4LY44U 1L. LSO t4 0 0 O O dt O O O f0 CO T O O N CO q � 69. C � 7 x E 2a E— co o I.l.I M Q GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770,1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: #BUILDING/CONSTRUCTION INSPEC'T'OR AND FIELD SOILS AND MATERIAL TESTER (SECOND SHIFT) DETERMINATION: NC -63-3-9-2009-2 ISSUE DATE: August 22, 2009 EXPIRATION DATE OF DETERMINATION: June 30,2010** The rate to be paid for work performed after this date has been determined. If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Division of Labor Statistics and Research for specific rates at (415) 703-4774. LOCALITY: All localities within Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoe, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solan, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo and Yuba counties. # Indicates an apprenticeable craft. Effective as of July 1, 2008, the issuance and publication of the prevailing wage apprentice schedules/apprentice wage rates have been reassigned by the Department of Industrial Relations from the Division of Labor Statistics and Research to the Division of Apprenticeship Standards. To obtain any apprentice schedules/apprentice wage rates, please contact the Division of Apprenticeship Standards or refer to the Division of Apprenticeship Standards' website at http://www.dir.ca.gov/das/das.htrnl. a Amopnt shall be paid for all hours worked up to 173 hours per month. bRate applies to the first 4 daily overtime hours, Monday through Friday, and the first 8 hours on Saturday. All other overtime is paid at the Sunday/Holiday overtime rate. CLASSIFICATIONS: Group Groun 2 ASNT Level 11 -III Employer Payments DSA Masonry Straight -Time Overtime Hourly Rate CLASSIFICATION Basic Health Pension Vacation Training Other Hours Total Dailyb Saturdayb Sunday/ (JOURNEYPERSON) Hourly and and Payment Hourly Holiday Rate WeIfaree Holiday Rate 11/2X I1/2X 2X Group 1 $42.67 9.77 5.67 2.65 0.28 0.00 8 61.04 82,375 82.375 103.71 Group 2 40.42 9.77 5.67 2.65 0.28 0.00 8 58.79 79.00 79.00 99.21 Group 3 33.51 9.77 5.67 2.65 0.28 0100 8 51.88 68.635 68.635 85.39 Group 4 27.63 9.77 5.67 2.65 0.28 0.00 8 46.00 59.815 59.815 73.63 # Indicates an apprenticeable craft. Effective as of July 1, 2008, the issuance and publication of the prevailing wage apprentice schedules/apprentice wage rates have been reassigned by the Department of Industrial Relations from the Division of Labor Statistics and Research to the Division of Apprenticeship Standards. To obtain any apprentice schedules/apprentice wage rates, please contact the Division of Apprenticeship Standards or refer to the Division of Apprenticeship Standards' website at http://www.dir.ca.gov/das/das.htrnl. a Amopnt shall be paid for all hours worked up to 173 hours per month. bRate applies to the first 4 daily overtime hours, Monday through Friday, and the first 8 hours on Saturday. All other overtime is paid at the Sunday/Holiday overtime rate. CLASSIFICATIONS: Group Groun 2 ASNT Level 11 -III AWS-CWI DSA Masonry ICC Certified Structural inspector ASA Shotcrete NICET Level III Lead Inspector Shear Wall/Floor System Inspector NICET Level IV Building/Construction Inspector Group 3 Group 4 Soils/Asphalt ACI Earthwork Grading ICC Fireproofing Excavation and Backfill NICET Level I NICET Level II Proofload Testing Torque Testing RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. if the prevailing rate isnot based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703.4774. /l(, ��`. 54A