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Home My WebLink About2010-04-21 PacketCITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 April 21, 2010 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Proclamation: Workers Memorial Day b. Proclamation: Municipal Clerk's Week 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES 6. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 7. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Report Of Disbursements For Month Of March 2010 b. Consideration Of A Budget Amendment To Animal Control Fund, For Increased Costs Associated With The City's Portion Of Animal Shelter Costs. C. Notification Of Sole Source Purchase Of A Narcotic Detecting Dog, In The Amount Of $8,893.75, From Master K-9 Inc. d. Notification Of The Emergency Expenditure Of $5,934.27 For The Purchase And Installation Of Water Treatment Plant Computer Software (SCADA) For Plant Operations. e. Update Report Regarding Status Of Water Emergency Conditions Necessitating Emergency Resolution To Expedite Construction Of Oak Manor Drive Water Well f. Authorize The City Manager To Submit An Application, To The Federal Aviation Administration (FAA) For A Matching Grant For Federal Aviation Administration (FAA) Approved Project Under Airport Improvement Program. This Project Is For An EIR For The East Side Taxi Way Connector. g. Report To Council Regarding Entering Into A Professional Services Agreement With Nichols Consulting For The Purpose Of Assisting The City In Filing A Claim With The California State Controller's Office For Mandated Brown Act Costs (SB90) Reimbursement, And For All Other Eligible Claiming Opportunities, With A Not To Exceed Cap Of $9,500 h. Update Report On Local Emergency Declaration Regarding Drought And Water Shortage Status i. Approve Budget Amendment For Anton Stadium And Skate Park To Provide For Expenditures In Fiscal Year 2009-2010. Authorize The Repair Of Electric Utility Truck #2121 In An Amount Not To Exceed $19,000 And Continue The Digger Derrick Truck Rental Through June 30, 2010. Receive Report Of Expenditure Of $8,040 For Digger Derrick Truck Rental And Delivery Fees. 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. 9. PUBLIC HEARINGS (6:15 PM) 10. UNFINISHED BUSINESS a. Status Report And Direction Concerning The Cityview Trail Project b. Introduction Of Ordinance Adding Cityview Trail To The City's Park And Recreation Facilities C. Status Report On Riverside Park Development Project Funded By California Resources Agency River Parkways Grant d. Approval of Settlement Agreement Between City and River Watch of Northern California 11. NEW BUSINESS a. A Resolution Of The City Council Of The City Of Ukiah Formally Opposing Proposition 16 "The New Two-Thirds Vote Requirement Form Public Electricity Providers - Initiative Constitutional Amendment" 12. COUNCIL REPORTS 13. CITY MANAGERICITY CLERK REPORTS a. City Manager Oral Report on Current Status of Water/Sewer Rate Studies 14. CLOSED SESSION - Closed Session may be held at any time during the meeting a. Conference with Legal Counsel - Anticipated Litigation Government Code Section 54956.9(b)(1) - Significant exposure to litigation (1 case) 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 16th day of April, 2010. JoAnne Currie, City Clerk 3A PROCLAMATION WORKERS MEMORIAL AY IN THE CITY OF KIA APRIL, 28, 2010 WHEREAS, every year many workers across America are injured or disabled by workplace injuries and occupational disease; and WHEREAS, strong safety and health protections, high employment standards, and the elimination of perilous conditions should be guiding principles for each employer and employee; and WHEREAS, the City of Ukiah strives to provide a safe work environment for its employees and has initiated many programs and procedures to reduce workplace injuries and hazardous situations; and WHEREAS, all employers and employees are encouraged to rededicate themselves to improving safety and health in every American workplace; and WHEREAS, acknowledgment of these factors by recognizing those who have suffered from workplace injuries is a dramatic method of educating our community about this issue. NOW, THEREFORE, I, Benj Thomas, Mayor of the City of Ukiah, on behalf of my fellow City Councilmembers, Phil Baldwin, Mari Rodin, Douglas Crane, and Mary Anne Landis hereby proclaim April 28, 2010 as Workers Memorial Day in the City of Ukiah in recognition of workers killed, injured, and disabled on the job and inform all residents of the valley about the gathering at 5:30 P.M. at Alex Thomas Plaza on April 28 that is put on by the working men and women in Mendocino County to observe this special day. Signed and sealed, this 21st day of April, in the year Two Thousand and Ten. Benj Thomas, Mayor 3B IF-ROCLA3UTION of the City of Ukiah Municipal Clerks Week May rough , 2010 -Whereas, Z"he office of the MunicipaCCterk, a time honoredandvitaCpart of CocaCgovernment exists throughout the worCd, and -Whereas, 7'he office of the MunicpaCC[erk is the oCdest among public servants, and -Whereas, The office of the MunicipaCC(erk provides the professionaCtink between the citizens, the CocaCgoverning bodies andagencies ofgovernment at other levels, and -Whereas, MunicipaCCCerks have pledged to be ever mindfuCof their neutrality and impartiality, rendering equaCservice to aff -Whereas, The MunicfpaCCIerk serves as the information center on functions of CocaCgovernrnent and community. -Whereas, MunicipalCCerks continuaCCy strive to improve the administration of the affairs of the office of the MunicipaCCterk through partic pation in educationprograms, seminars, workshops andthe annuaCmeetings of their state,province, county aitdinternationaCprofessionaCorganizations. -Whereas, It is most appropriate that we recognize the accomplishments of the Office of the MunicipaCCCerk. -NV3V,, 2Y&REFORE; I, Benj Thomas, Mayor of the City of Ukiah, on behalf of my feCtow City CounciCmembers, PhiCp E. BaCdwin, Mari Rodin, Douglas F. Crane andMary Ann Landis hereby do recognize the week of May 2 through May 8, 2oio, as MunicipaCCterks -Meek, andfurther extendappreciation to our MunicpaCCCerk, JoAnne Currie, andto aCCMunicpaCCCerks for the vitaC services they perform and their exemplary dedication to the communities they represent. Signedandsea6!4 this 21st day of ApriC in, the year Z'wo Thousandand7'em Benj Thomas, .Mayor 7a April 21, 2010 SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF MARCH 2010 Payments made during the month of March 2010, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 99508-99615, 99685-99840, 99908-100017 Accounts Payable Manual check numbers: 99616-99619, 99682-99684 Payroll check numbers: 99620-99681, 99841-99907 Payroll Manual check numbers: none Void check numbers: none This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. Fiscal Impact: Budget Amendment Required Budgeted FY 09/10 1-1 New Appropriation ® Not Applicable F Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested Continued on Paqe 2 Recommended Action(s): Approve the Report of Disbursements for the month of March 2010 Alternative Council Option(s): N/A Citizens advised: N/A Requested by: City Manager Prepared by: Kim Sechrest, Accounts Payable Specialist II Coordinated with: Finance Director and City Manager Attachments: Reports of Disbursements Approved: _ Jne Chambers, City Manager CITY OF UKIAH REPORT OF DISBURSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF MARCH 2010 Demand Payments approved: Check No. 99508-99619, 99682-99840, 99908-100017 FUNDS: 100 General Fund $128,637.06 600 Airport 105 Measure S General Fund $44,324.08 610 Sewer Service Fund 110 Special General Fund $10,000.00 611 Sewer Construction Fund 140 Park Development $15,565.57 612 City/District Sewer 141 Museum Grants 614 Sewer Capital Projects Fund 143 N.E.H.1. Museum Grant 615 City/District Sewer Replace 150 Civic Center Fund 620 Special Sewer Fund (Cap Imp) 200 Asset Seizure Fund $28.34 640 San Dist Revolving Fund 201 Asset Seizure (Drug/Alcohol) 641 Sanitation District Special 203 H&S Education 11489 (B)(2)(A1) 650 Spec San Dist Fund (Camp Imp) 204 Federal Asset Seizure Grants 652 REDIP Sewer Enterprise Fund 205 Sup Law Enforce. Srv. Fund (SLESF) $2,500.00 660 Sanitary Disposal Site Fund 206 Community Oriented Policing 661 Landfill Corrective Fund 207 Local Law Enforce. Blk Grant 664 Disposal Closure Reserve 220 Parking Dist. #1 Oper & Maint $396.07 670 U.S.W. Bill & Collect 230 Parking Dist. #1 Revenue Fund 678 Public Safety Dispatch 250 Special Revenue Fund $6,721.05 679 MESA (Mendocino Emergency Srv Auth) 260 Downtown Business Improvement 695 Golf 270 Signalizaton Fund 696 Warehouse/Stores 290 Bridge Fund $153,287.39 697 Billing Enterprise Fund 300 2106 Gas Tax Fund 698 Fixed Asset Fund 301 2107 Gas Tax Fund 699 Special Projects Reserve 303 2105 Gas Tax Fund 800 Electric 310 Special Aviation Fund 805 Street Lighting Fund 315 Airport Capital Improvement $28,888.35 806 Public Benefits Charges 330 1998 STIP Augmentation Fund 820 Water 332 Federal Emerg. Shelter Grant 840 Special Water Fund (Cap Imp) 333 Comm. Development Block Grant 900 Special Deposit Trust 334 EDBG 94-333 Revolving Loan 910 Worker's Comp. Fund 335 Community Dev. Comm. Fund 920 Liability Fund 336 08-HOME-4688 $47,102.00 940 Payroll Posting Fund 340 SB325 Reimbursement Fund 950 General Service (Accts Recv) 341 S.T.P. 960 Community Redev. Agency 342 Trans-Traffic Congest Relief 962 Redevelopment Housing Fund 345 Off-System Roads Fund $5,412.30 965 Redevelopment Cap Imprv. Fund 410 Conference Center Fund 966 Redevelopment Debt Svc. 550 Lake Mendocino Bond-Int/Red 975 Russian River Watershed Assoc 555 Lake Mendocino Bond-Reserve $2,806.84 976 Mixing Zone Policy JPA 575 Garage $26,134.02 PAYROLL CHECK NUMBERS 99620-99681 TOTAL DEMAND PAYMENTS- A/P CHECKS DIRECT DEPOSIT NUMBERS 45716-45889 TOTA L DEMAND PAYMENTS-WIRE TRANSFERS* PAYROLL PERIOD 2/21/10-3/6/10 TOTAL PAYROLL CHECKS & DIRECT DEPOSITS PAYROLL CHECK NUMBERS: 99841-99907 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS) DIRECT DEPOSIT NUMBERS 45890-46083 PAYROLL PERIOD 3/7/10-3/20/10 *VENDOR: VOID CHECK NUMBERS: NONE TOTAL PAYMENTS CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on $26,134.02 $124,335.06 $40,317.21 $7,131.42 $22,250.40 $3,445.61 $27,627.08 $1,869.22 $24,485.94 $330.19 $5,990.81 $73,746.76 $1,973.74 $869,741.42 $9,074.38 M,788.43 $124,893.47 $4,474.94 $18,749.27 $720.68 41L-14,U / I .44 $819.84 $4,002.59 $9,606.19 $1,012,583.22 $32,033.27 $3,116,865.65 $0.00 $657,875.23 $500,868.07 $4,275,608.95 City Clerk APPROVAL OF CITY MANAGER I have examined this Register and approve same. CERTIFICATION OF DIRECTOR OF FINANCE I have audited this Register and approve for accuracy and available funds. 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W . . 00 x00 ulNN W 0110 pLn Ln 00 UN 0CN HNN aMm Ln U LnH Wmo H,-{ Zw 00 HHO pOo HLn HH Hw 01 Poo CTA HH xLn61 alocn m ul • • U • • p • o Z W00 xLno U00 O ~ H W H HH mN xHH Q ~ ~ o 2H 00N1 a w PG.~ -1 U 0 x mww W 0W W to O 9>> > H M>> >+N Q 00 0 z00 Q F x H Cl) W f FC~ C) C:) > Q 0 N W x H z a w W C7 Q O rG H W 5+ W H~ \ H N F14 U• O Zt# O x a 0 L() a w U H O z H H a u E~ n O U U 9 Q m ~ W w O N N U W co z H O U U FC Ei o o O o H a w Q w UN Ln H LI U] w a 00 ° 0 0 H w H Ei ~D O H P: FTi N N0.S O O\ W U a ~D Ocn W NN QW P: F \ Zi Q H r~ W U0 > kD 0 0 0 0 0 Q W E-+ z H a m Q a O U F4 P: ITEM NO.: 7b MEETING DATE: April 21St, 2010 7icy c,, •z~k fx SUMMARY AGENDA REPORT, SUBJECT: CONSIDERATION OF A BUDGET AMENDMENT TO ANIMAL CONTROL FUND, FOR INCREASED COSTS ASSOCIATED WITH THE CITY'S PORTION OF ANIMAL SHELTER COSTS. Background: In 2001, the City and County entered into a contractual agreement to share the costs of animals housed at the Mendocino County Animal Shelter. The City's share of these costs are calculated annually, based on the ratio of City animals housed compared to County animals housed. Discussion: Near the fourth quarter of FY 2008/2009 the City made staffing and cost reductions in order to offset anticipated deficit in the General Fund. One of the changes made was in method of providing animal control services. Starting in Fiscal Year 09/10 the Police Department took over responsibility for animal control services and preparation of the Animal Control budget. As a part of providing those services, the Police Department projected the cost for the service for the FY 2009/2010 budget. The budget estimate was based on using the previous year cost. In March of 2010, staff received an invoice for this fiscal year for our share of services, and discovered that a shortfall had occurred in budgeting for these services, resulting in the need for $18,256 of additional funds for payment of the City's required share. All of the variables to estimate the cost of services had not been taken into account in making the initial FY 09/10 budget estimation. Recommendations: Staff recommends that the Animal Control budget, (fund 100.6005.250.000), be adjusted in the amount of $18,256 to pay the City's portion of the Animal Shelter services. Fiscal Impact: FY 08/09 ® New Appropriation Not Applicable ❑Budgeted 17 7 Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Addtl. Appropriation Requested $87,987 Contractual Services 100.6005.250.000 $18,256 Recommended Action(s): The Animal Control budget, (fund 100.6005.250.000), be adjusted in the amount of $18,256 to pay the City's portion of the Animal Shelter services. Alternative Council Option(s): N/A Citizens advised: Requested by: Chris Dewey, Director of Public Safety Prepared by: Chris Dewey, Director of Public Safety Coordinated with: Jane Chambers, City Manager Attachments: Approved: Janeethambers, City Manager City cJ-Wkfah ITEM NO.: 7c MEETING DATE: April 21, 2010 AGENDA SUMMARY REPORT SUBJECT: NOTIFICATION OF SOLE SOURCE PURCHASE OF A NARCOTIC DETECTING DOG, IN THE AMOUNT OF $8,893.75, FROM MASTER K-9 INC. Background: At the January 20th 2010 City Council meeting, the City Council authorized the re-budgeting of surplus police funds for the purpose of creating a Police Narcotic Canine program, and purchasing 2 Police Narcotic dogs. After receiving authorization, staff worked with narcotic dog experts within our region, who currently train and utilize narcotic dogs, to research and develop our department's narcotic detection dog program. Narcotic detection dogs undergo a lengthy training and certification process. Once trained, these dogs require weekly and monthly training to assure their reliability in detecting narcotics. Law enforcement agencies within our region have partnered together to provide the on-going detection dog training at significantly reduced costs through their cost sharing partnership, and contract with Master K-9 Inc., to provide these training and certification services. These agencies have agreed to include our agency in this on-going partnership, to reduce our on-going training costs in creating a narcotic dog program. Discussion: Because of the significant training and cost sharing savings associated in participating regional law enforcement narcotic detection dog training partnership, staff selected Master K-9 Inc., for the purchase and training of our first narcotic detection dog. The department is now in the process of selecting and training the second authorized police dog. The department is expected to take delivery of our second narcotic detection dog later this spring. In compliance with Section 1522 of the Ukiah City Code, this report is being submitted to the City Council for the purpose of reporting an acquisition costing $5,000 or more, but less than $10,000. Fiscal Impact: H Budgeted FY 09110 ❑ New Appropriation F-1 Not Applicable 17 Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested $20,793 Police Capitol Equipment 105.2001.800.000 None Recommended Action(s): No action required, notification of sole source purchase, in the amount of $8,893.75, from Master K-9 Inc., from account 205.2001.800.000. Alternative Council Option(s): Citizens advised: Requested by: Chris Dewey, Director of Public Safety Prepared by: Chris Dewey, Director of Public Safety Coordinated with: Jane Chambers, City Manager Attachments: None 2 Approved: Ja hambers, City Manager City of 'Z1,afx ITEM NO.: 7d MEETING DATE: SUMMARY AGENDA REPORT Apri121,2 010 SUBJECT: NOTIFICATION OF THE EMERGENCY EXPENDITURE OF $5,934.27 FOR THE PURCHASE AND INSTALLATION OF WATER TREATMENT PLANT COMPUTER SOFTWARE FOR PLANT OPERATIONS. Background: The Water Treatment Plant has experienced continuing problems with the plant operations computer software. Problems with the original Supervisory Control and Data Acquisition (SCADA) software installed by Fluidics Inc. have become so pervasive the SCADA system is unable to control the plant operations. Discussion: The current SCADA programmer, ZSI Inc. and the software manufacturer, Wonderware, have tried unsuccessfully to fix the software problems. Both companies have determined the SCADA software program has to be completely uninstalled from the computer hard drive and a new software program installed to restore computer control of the Water Treatment operations as designed. 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 $ 35,000.00 Water System Maintenance 820.3948.800.000 Machinery and Equipment Continued on Page 2 Recommended Action(s): Receive notification of the expenditure of $5,934.27 for the repair and upgrade of the City of Ukiah WTP SCADA system. Alternative Council Option(s): NA Citizens advised: Requested by: Ann Burck, Deputy Director of Public Works - Water & Sewer Division Prepared by: Paul Smith, Senior Operator Coordinated with: Jane Chambers, City Manager and Tim Erikson, Public Works Director/City Engineer Attachments: Approved: V-U-0'~ Jan hambers, City Manager City Ukiah ITEM NO.. 7e MEETING DATE: April 21, 2010 SUMMARY AGENDA REPORT 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. The date of the bid opening for construction of the Gobbi Street well head and pump house was June 18, 2009. The contractor mobilized their equipment on site on July 13. Substantial completion of this project was November 10t". The time required from the bid opening to substantial completion of the Gobbi Street well head and pump house was approximately five months. Recommended Action(s): Receive the report. Continued on Page 2 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: ~,Zv 2L6=~Z - J Chambers, City Manager In the December 16, 2009 Agenda Summary Report, Item 7d, a best case schedule was developed assuming the Oak Manor well head and pump house bid in December 2009 and construction started no later than January. With this schedule it was possible the Oak Manor well (Well #8) would have been completed in May 2010. This completion date assumed a shortened bid period and no delays due to weather or other circumstances. Bids were issued on January 8, 2010. The revised schedule includes the January bid date and a 30 day noticing period with bids due February 9th. The lowest, qualifying bid was submitted by Wipf Construction in the amount of $377,000 and was approved by Council on February 17th. Construction is expected to begin in April depending on the weather. There needs to be 7 to 10 days of dry weather before the ground in dry enough to start construction. Depending on the weather, the Contractor's preliminary schedule shows completion in early June 2010. City c9J °zj z ahr ITEM NO.: 7f MEETING DATE: AGENDA SUMMARY REPORT April 21, 2010 SUBJECT: AUTHORIZE THE CITY MANAGER TO SUBMIT AN APPLICATION, TO THE FEDERAL AVIATION ADMINISTRATION (FAA) FOR A MATCHING GRANT FOR FEDERAL AVIATION ADMINISTRATION (FAA) APPROVED PROJECT UNDER AIRPORT IMPROVEMENT PROGRAM. THIS PROJECT IS FOR AN EIR FOR THE EAST SIDE TAXI WAY CONNECTOR. Discussion: A long term goal of the Airport Commission and Staff has been to develop the east side of the Airport to allow aviation uses. The east side of the Airport has several parcels of land which have development potential but are landlocked at this time. These parcels are prime sites for a Fixed Base Operator (FBO), automated fuel facility, transient tie-down, and hangar construction. This taxiway would be 2000 feet long beginning at the north end of runway 15 and continuing south to the center Taxiway Connector. This improvement would enhance safety by providing a parallel Taxiway on the east side of the runway. Such improvements could also be a significant new attraction for visitor and tourist related flights and use of the airport. The plan for the Taxiway Connector to the Northeast Corner needs to have an Environmental Review before this project can begin. Fiscal Impact: Budgeted FY 10/11 11 11 11 New Revenue Not Applicable Budget Amendment Required The grant is funded from the Airport Improvement Program (AIP) at 95% $80,000. Caltrans will also participate at approximately $2000 leaving an unfunded balance of $2210 to be paid from the Airport Fund. Recommended Action(s): Authorize the City Manager to Submit an Application to the FAA for an EIR for a taxiway connector. Alternative Council Option(s): Direct staff on alternative action. Citizens advised: none Requested by: Greg Owen, Airport Manager Prepared by: Greg Owen, Airport Manager Coordinated with: Jane Chambers, City Manager Attachments: None Approved: Jan Chambers, City Manager SUBJECT: REPORT TO COUNCIL REGARDING ENTERING INTO A PROFESSIONAL SERVICES AGREEMENT WITH NICHOLS CONSULTING FOR THE PURPOSE OF ASSISTING THE CITY IN FILING A CLAIM WITH THE CALIFORNIA STATE CONTROLLER'S OFFICE FOR MANDATED BROWN ACT COSTS (SB90) REIMBURSEMENT, AND FOR ALL OTHER ELIGIBLE CLAIMING OPPORTUNITIES, WITH A NOT TO EXCEED CAP OF $9,500 Background: Nichols Consulting specializes in assisting cities and counties claim reimbursements from the State of California for SB90 Costs associated with mandated Brown Act requirements, as well as other State mandated programs. Nichols Consulting have estimated claims for the City of Ukiah at approximately $95,000 for a four-year period based on a quick review of our posted agendas, etc., from our City website. The fee to Nichols Consulting is 10 percent of the total City of Ukiah claim filed with the State of California, or $9,500, whichever is less. Discussion: We learned about this program in March of this year. The deadline to file the current year's claim without penalty is May 20, 2010, leaving a short window to put together and file the claim. Due to the short time window, we have entered into a sole source agreement for procurement of these services with Nichols Consulting. Nichols Consulting have been filing claims on behalf of cities and counties for the past seventeen years, and are knowledgeable of and experienced with the State's claims programs. In terms of receipt of the claims reimbursement, Nichols Consulting has indicated that because of how the State Legislature works, the City can anticipate the law enforcement claims portion to be reimbursed in the next fiscal year around, October 2010; while the Brown Act reimbursement portion would be reported to the Legislature in March of 2011, with anticipated funding reimbursement after State Budget approval (June/July 2011), and claim reimbursement in late Summer to early Fall 2011. In view of the City's short staffing, we contracted with Nichols Consulting to lead the claims effort, which is expected to provide a new source of revenue to the City Budget not previously anticipated. Fiscal Impact: ® Budgeted FY 09/10 F7 New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested $6899.00 Contractual Services City Clerk 100.1101.250.000 $2600.00 Contractual Services City Mgr 100.1201.250.000 Recommended Action(s): Receive the report Alternative Council Option(s): Citizens advised: None Requested by: Jane Chambers, City Manager Prepared by: Linda Brown, Executive Assistant to the City Manager Coordinated with: Mary Horger, Purchasing Supervisor, David Rapport, City Attorney Attachments: 1) Nichols Consulting Brochure Approved: Ja `Chambers, City Manager { d I 1 kQppe~ ~y~ LcJ 6{ F 1 ~i rr~ 4 ' tl ~I pt \ I rra ~ f d T4 Ral I 6 C BYI U.1 J-7I P ~S 7 + t it Vt ' a ac Nichols Consulting provides State Mandated Cost consulting and claims preparation services statewide to Community College Districts, Cities, and Special Districts. With more than a decade of State Mandated Cost consulting experience, Andy Nichols founded his firm with the goal of providing the highest levels of service and experience to his clients at reasonable rates. In the course of his career, Andy Nichols has Community prepared claims for Cities, Special Districts, College Districts and Community College Districts. Cities Andy Nichols has personally prepared (from start to finish) over 5,000 State Mandated Special Districts Cost claims for over 350 Local Government Agencies, including more than 80 Cities. Andy Nichols has prepared claims for more than 75 different reimbursable mandated cost programs, totaling over $50 million in reimbursement for his clients. 77 The effectiveness of a State Mandated Cost consultant is determined in large part by his knowledge of rapidly changing laws and regulations. This is a key strength at Nichols Consulting. Andy Nichols has a history of training and work experience with the former Auditor-General and Deputy State-Auditor of the State of California. Ongoing relationships with the State Controller's Office, the Governor's Department of Finance and the Commission on State Mandates provide us with up-to-date information on policy and legislative issues. F~ L_ i r - 80U.W - 77 The League of California Cities (LCC) The California State Association of Counties (CSAC) California Special District Association (CSDA) (Annual Conference in September 2001 & September 2002) School Services of California (SSC) Community College Internal Auditors Conference (CCIA) (at the State Chancellor's Office) r TRAINING OF CLIENT STAFF Training can be provided for both new and existing programs. Client identifies key staff members to receive training on reimbursable activities. Training can be conducted in a group setting or on an individual basis. DATA MONITORING AND COLLECTION Establishment of periodic collection of Documentation (Client Determined). We work closely with your Staff on the documentation of recently approved programs. We provide collection reminders via mail, phone or e-mail. Client verification of complete and accurate costs prior to preparation of claims. (review of draft claims). PREPARATION AND SUBMISSION OF CLAIMS All Claims are prepared from start-to-finish by a consultant with more than 14 years of experience. All supporting documentation is reviewed for completeness and accuracy. Nichols Consulting acts as a liaison between our clients and the State Controller's Office on all State Mandated Cost Claiming Issues. RISK ASSESSMENT OF SUPPORTING DOCUMENTATION The Bureau of State Audits found that the supporting documentation for many State Mandated Cost Claims failed to meet appropriate levels. We provide a Risk Assessment of all Supporting Documentation and suggestions for improvement, if necessary. NEWSLETTER AND E-MAIL ALERTS All Clients will receive our Nichols Consulting newsletter, devoted to keeping you up-to-date on the latest mandated cost issues. For pressing issues and more immediate information needs, E-mail Alerts are sent to all clients. 7" , [F ,1,0 . , _ x/1-11, r It is a common practice for many mandated cost consulting firms to employ junior level staff to prepare claims. This creates potential exposure for you in two areas: First, your eligible and reimbursable costs can be easily overlooked by inexperienced consultants. Second, the validity of your mandated cost claims can be compromised if inappropriate costs are added to claims filed with the State Controller's Office. At Nichols Consulting, we do not have this problem-you will only work with a senior consultant who has no less than a decade of experience in the Mandated Cost field. In this sense, having a small, service-oriented firm is a key advantage we are able to offer our clients. S0 C, tn - We are based in Sacramento in order to stay on top of governmental issues, but our consultants provide services throughout the state, including regular face-to-face meetings with clients. In the nearly 15 years that Andy Nichols has been a State Mandated Cost Claims consultant, he has worked with clients in 54 of the 58 counties in the state of California. L r Not only does Nichols Consulting have a thorough knowledge of State Mandated Cost issues, our firm has a solid reputation for building strong and lasting relationships with our clients. "It is a pleasure working with Andy Nichols. I appreciate his professionalism, his in- depth knowledge of mandated costs and his responsiveness to all of my telephone calls and questions. He should not hesitate to use my name as a reference in the future!" Colleen McKeown, Business Office Director Feather River Community College District 'We is Whether your organization prepares its claims in-house or uses a consultant, the costs are reimbursable. The State of California is required to reimburse local government for the cost of preparing State Mandated Cost Claims. This is an important factor to consider when deciding whether or not to outsource your claims preparation project. With the State of California trying to cut costs in every area, your mandated cost claims are receiving the highest level of scrutiny seen in more than 25 years of the State Mandated Cost Reimbursement process. For this reason, and because claims payment schedules are now greatly extended, it is important that the claims you submit are highly accurate-it is crucial that your claims be prepared by a firm with a high level of experience, like Nichols Consulting. iItCIC-t isle t, 0b01.1t Nlidl0IS lltlil and t 10-cast ilti'oductol 1I j't. QJ Yo11i 'I Cast S11110tion. Er~ a~ 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. 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 Continued on oaae 2 Recommended Action: 1. City Council receive the status report on water shortage emergency 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: 1 f!!LI A/ Jane ambers, City Manager Subject: Drought and Water Shortage Status Meeting Date: April 21, 20010 Page 2 of 2 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. On its regularly scheduled November meeting Millview Water District lifted water restrictions to their customers. They have advised City Staff that this may change based on rainfall and other contributing conditions. Uadated Staff Actions Staff has continually monitored this issue in response to the City Council concerns about this emergency and the length of time that it has been in effect. On December 16, 2009 City Council repealed the mandatory water rationing, however, Stage I voluntary rationing is still in place. The lake storage has been steadily rising since the middle of January and is now 86,400 acre-feet. However, the state is predicting a dry year so staff recommends the continuation of the voluntary conservation measures. The recent rainfall has made a substantial impact on the storage. It should be noted that the construction of the Oak Manor Well (well #8) will be starting soon. The construction contract has been awarded by the City Council. Regional Issues City Staff is also monitoring the Draft Ukiah Valley Area Plan Water Supply Assessment report. Many of the local valley water purveyors are concerned with this report. It is hoped and presumed that the Board of Supervisors will direct county staff to address some of the issues that have been submitted. The Request For Proposal (RFP) for the master plan for reclaimed water has been drafted and reviewed by the City Council. Staff has been meeting with stake holders for this system, as directed by Council and hope to issue the RFP by mid May 2010. ATTACHMENT_ 1 RESOLUTION NO. 2009-17 RESOLUTION OF THE CITY COUNCIT. OF THE CITY OF UKAH~ DECLARING A LOCAL EMERGENCY PURSUANT TO THE EMERGENCY SERVICES ACT AND A STAGE I WATER EAIERGENCY UNDER SECTION 3602 OF THE UIUAH 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 -.Tune is 4.8 inches; and • 5. Even average rainfall for the remainder of the rainy season cannot compensate for the extremely low rainfall this year, and 6. Lake Mendocino held approximately 53,000 acre feet on April 1, 2009, with a Lake level of 727.63 feet; and 7. The average Lake storage in April is 84,448 acre feet, the Lake storage in April 2007 was 65,617 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 fled 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 I 1. 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 SC`PVA to submit a plan by May 6, 2009, to the SWRCB 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)"b- and 12. Alocal emergency under the California Emergency Services Act (Government Code §8550 et seq.) is defined in Section 8558(c) as the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the City caused by such conditions as drought which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of individual local governments and which require the combined forces of other political subdivisions to combat; and 13. The historically low rainfall and water storage in Lake Mendocino qualifies as a local emergency under the statutory definition; and 14. In a declared local emergency, local agencies may provide=mutual aid as needed pursuant to agreements or resolutions, state agencies may provide mutual aid to local agencies pursuant to agreement or at the direction of the Governor., costs incurred by the City in providing mutual aid pursuant to agreements or resolution constitute a charge against the state, when approved by the Governor in accordance with adopted regulations, and the City Council may promulgate orders and regulations for the duration of the emergency to provide protection for life and property (see Government Code 8631-86.34); and :j 15. In a declared local emergency, the City Council must review the state of the emergency not less than every 21 days after first declaring the emergency; and 16. Under Uldah City Code Section 3602, the City Council may by resolution declare a water emergency, specify the degree of emergency and place into effect the appropriate provisions of Division 4, Chapter 1, Article I 1 of the Ukiah 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 coincidewith available supply; and 18. The City Council has already authorized the development of a groundwater well on an emergency basis to provide the City with an additional water source this summer that does not rely on the Russian River or water stored in Lake Mendocino; and ' 19. Stage H and III water emergencies impose various mandatory conservation measures on City residents, including a prohibition on "nonessential water use" in a Stage H water emergency and a limit on the daily use ofwater by different classes of water user in a Stage III emergency; and 20. The City can declare a Stage II or Stage II emergency, if voluntary measures or less sever mandatory measures does not achieve an adequate reduction in the use of Russian River water or in water use generally to meet the available supply; NOW, TIS.EREFORE, BE IT RESOLVED that the City Council of the City of Ukiah hereby: 1. Declares a local emergency due to drought under the Emergency Service Act. 2. Declares a Stage I Water Storage Emergency under 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 t6 the City Council at each City Council meeting held 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 lunch 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 ATTEST.; t L,iud 1 ro ity Clerk April 28, 2009 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. I 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 us in malting timely replies. Attached, please find the diversion volumes information requested in your letter. You will see that overall annual water use since 2044 has been reduced by 11.4%0. 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 7004 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 fund 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 A. 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 sunnmer, the only source of water available as of this date will be Well 44, which is percolated groundwater. On February 27, 2009 Governor Arnold Schwarzenegger declared a water shortage. On February 26, 2009, the City received a letter from Victoria A. 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone#707/463-8200 Fax# 707/463-6204 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 cannot be in place for this summer, the City will pursue developing this resource. With regard to efforts to identify and prevent water waste and unreasonable use: Typical water waster penalties include, in the order implemented: 1. Educational letter or visit 2. Educational visit and warning 3. Citation 4, Installation of flow restrictor and possible fine 5. Shutoff and reconnection fee The City will identify water wasters through monitoring the water meters and citizen reports. In closing, please review all aspects of the attached conservation measures and water use detail in addressing the four questions of your letter, in addition to the specific issues addressed in the above bullet points. Please call me at 707- 463- 6213 if you have questions regarding this information. Sincerely, ?an;e A. Chambers Manager Attachments: 1. City of Ukiah Water Use 2. City of Ukiah Water Conservation Program 1009 City of Uldah Water Use Annual Water Use MG 2008 1192.968 -11.4% 2008/2004 2007 1219.964 -9.3% 2007/2004 2006 1248.424 -7.2% 2006/2004 2005 1223.542 -9.1% 2005/2004 2004 1345.744 Water Use (MG) 2004 2007 2008 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 185.876 164.473 158.899 -1296 -15% August 179.326 162.859 157.056 -9% -12% Sept. 156.798 134.481 130.508 -1496 -17% Oct. 109.224 83.777 91.724 -2396 -16% Total MG 1036.266 904.385 90x.866 -1346 -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 129,493 109.976 102,215 -15% -21% July 132,935 105.631 109.09 -20% -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 MtOU are generally recognized as standard definitions of water conservation measures. 1. CUWCC Demand Management Measures fraptemented The existing conservation The City of Ukiah has had a water conservation program in place since the late 1970'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 11.4% in 2008 compared to 2004.. Currently, the City's conservation program includes the following DMMs. RMM 1. Water survey programs for single-family residential and multi-family residential connections. The City tests customer meters upon request and instructs customers in how to use their water meter to determine if there Is a leak on the demand side of the meter. The City provides toilet leak detection tablets to customers. DMM 3. System water audits, leak detection, and repair The City performs leak detection and repair on an ongoing basis. The City, also, calculates system water losses annually and reports this Information to DWR. DMM 4. Metering with commodity rates for all new connections and retrofit of existing connections. The City water distribution system is fully metered. The City Is currently replacing old meters In the system. The new meters will provide a more accurate reading of water use within the City. The City recently went through a rate re-structuring that is believed will reduce water uses in the future. DMM B. Large landscape conservation programs and incentives. The City's Planning Department reviews all landscape plans proposed for new developments. 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 regbier basis to discuss landscape conservation programs. DMM'7. Public information programs. The City believes public awareness of water conservation issues is an important factor In ensuring a reliable water supply. The City promotes public awareness of water conservation through occasional bill stutters, distribution of the Consumer Confidence 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 Irrigation. Water conservation Information and assistance is routinely provided to the public by the water utility maintenance staff and meter readers while in the field. Field staff receives conservation training to better assist customers and promote conservation. Door hangers are used to remind customers of Ukiah's Voluntary Water Conservation Program measures and to provide notice of problems with outdoor water use. DMM 8. School education programs. City staff presents information on water conservation to elementary school children in the classroom. The City offers local schools tours of its water treatment plant and also provides educational materials. Four science classes on public water supply at the high school are offered once a year. DMM 9. Conservation programs for commercial, industrial, and institutional accounts The City has only two Industrial customers; Maverick industries and Red Tail 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. DMM 11, Conservation pricing. In 2005, the City Increased and re-structured its water rates to encourage 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. DMM 12. Conservation Coordinator. The City's Conservation Coordinator Is essential to sustaining and improving Ukiah's ongoing water conservation program. The conservation coordinator is responsible for Implementing and monitoring the City's water conservation activities. In practice, the City's water conservation program includes the efforts of the Conservation Coordinator and all staff. DMM 13. 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. DMM 14. Residential ULFT replacement programs. Since October 1992, the sale of toilets using more than 1.6 gallons per flush has been prohibited by State and Federal regulations. These regulations are enforced in the City. 11. Additional Water Conservation Measures In addition to the DMMs, 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 of waterless urinals in 811 City facilities and in the public sector. The use of these urinals has received very positive feedback from Facilities staff who would like to install these in the 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 Agencies, and the Sonoma County Water Agency, 3. The Ukiah City Council, adopted the Ahwahnee Water Principles on April 4, 2007. The Principles contain Ideas for protecting and enhancing water quality, improving water availability, making more efficient use of water, and conserving water as a scarce resource. The Principles suggest a process for improving decision-making as it impacts water-related issues. The City Council reviewed the Principles and determined the ideas and suggestions promote the Council's stated goals. Ill. Future Water Conservation Activities The City has recently undertaken a rate and revenue study of Its water utility. A tiered Inclining block rate structure and excess use charge are being evaluated to-encourage water conservation. The City has submitted a pre-application to the State Water Resources 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 20139. 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 long-term conservation measures include: Installation of waterless urinals and dual flush toilets in all City buildings (immediate) ® Sign the California Urban Water Conservation Council's Memorandum of Understanding Regarding Urban Water Conservation and implement the 14 best management practices (long term) Water efficiency standards for new single-family development (long term) ® Water-efficient landscaping (long term) ® Water waste ordinance prohibiting: (immediate) 1, gutter flooding 2. carwash fundralsers 3. non-recycling decorative water fountains 4. breaks or leaks in the water delivery system Incentives for Retrofits (long term) i. low flow shower heads 2. toilet displacement devices 3. toilet flappers 4. faucet aerators 5. high efficiency washing machines 6. ultra-low flow toilets City CJ_ UA\jr1,h ITEM O.: 7i MEETING DATE: AGENDA SUMMARY REPORT April 21, 2010 SUBJECT: APPROVE BUDGET AMENDMENT FOR ANTON STADIUM AND SKATE PARK TO PROVIDE FOR EXPENDITURES IN FISCAL YEAR 2009-2010. Background: For fiscal year 2009-2010, the City of Ukiah hasn't adopted a Park Development Budget which includes Anton Stadium and Ukiah Skate Park Construction Projects. Discussion: Majority of the expenditures for these projects are expected to occur in FY 2010-2011 but some pre-planning and marketing costs will be expensed this fiscal year. Both projects have secured community donations to cover these expenses. Fiscal Impact: H Budgeted FY 09/10 1-1 New Appropriation F1 Not Applicable ® Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested $ Anton Stadium Construction 140.6050.800.007 $10,000.00 Skate Park Construction 140.6050.800.005 $25,000.00 Continued on Page 2 Recommended Action(s): Approve budget amendment for Anton Stadium and Skate Park to provide for expenditures in Fiscal Year 2009-2010. Alternative Council Option(s): NIA Citizens advised: Requested by: Prepared by: Guy Mills, Project and Grant Administrator Coordinated with: Sage Sangiacomo, Assistant City Manger Attachments: Approved: 'AV Ja Chambers, City Manager Background: The City of Ukiah's Electric Utility Department owns and operates several types of heavy equipment for overhead and underground line construction requiring annual inspections. The mandated inspections of mechanical and electrical integrity of the trucks are to insure public and employee safety. During this year's annual inspection by Diversified, Inc., Truck #2121, failed inspections. Truck #2121 is a Digger Derrick boom truck used to set transformers and poles. The inspection reviled that the main boom's rotational bearing was out of tolerance resulting in the unit being removed from service. The Electric Utility Department rented a replacement truck to continue utility improvement and maintenance projects. Discussion: Electric Utility Department staff investigated equipment options which included: ® Repair of failed truck ® Lease option to buy ® Purchase ® Do nothing Consideration was given to cost effectiveness to rate payers, impact on electric operations, age and condition of truck, availability of truck engines meeting new emissions standards, California Title 13 emission requirements and repair vs. purchase timing and costs. Staff recommends repair of truck #2121 and continuation of rental until truck is placed back into service. Delivery schedule for new equipment is 8-12 months plus 2-3 months preparing the specifications, bidding and awarding. Continued on Page 2 Recommended Action(s): Authorize the repair of Electric Utility truck #2121 in an amount not to exceed $19,000 and continue the Digger Derrick truck rental through June 30, 2010 and Receive report of expenditure of $8,040 for Digger Derrick truck rental and delivery fees. Alternative Council Option(s): Provide further direction to staff. Citizens advised: Requested by: Mel Grandi, Electric Utility Director Prepared by: Colin Murphey, Electric Supervisor Coordinated with: Jane Chambers, City Manager; Gordon Elton, Director of Finance; Jan Newell, Finance Controller Attachments: Terex Estimate Approved: - - Jane ambers, City Manager The repair is a solid cost effective choice for the Electric Utility Department with a 5-6 month payback compared to the rental. A CIP equipment budget is being prepared to identify future replacement needs. Report of Expenditures: This report is regarding fees to cover Digger Derrick truck rental. In compliance with Section 1522 of the City Code, this report is being submitted to the City Council for the purpose of reporting the expenditure costing more than $5,000 but less than $10,000. The first two months rent including tax and delivery fees total $8,040. Monthly rentals after that will be $3,500 per month including tax. Fiscal Impact: ® Budgeted FY 09/10 New Appropriation Not Applicable Budget Amendment Required F Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested $30,000 Vehicle Repair 800.3765.303.000 $30,000 Contractual Services 800.3733.250.000 Subject: Meeting Date: Page 2 of 2 L7 TEREX Utilities 1143 Blumenfeld Dr. 916-221-4244i424o Telephone Sacramento, Ca 95813 916-563-0465 Facsimile Date: 4/14/2010 fl Company: Attention: Phone: Fax: City of Ukiah Colin Murphy 707-467-2826 Unit # Make Model # Serial # Work Orripr # RO Crane PJ 300 5221287046 nan-1.,v;F~1 2121 Line Item Scope of Work Labor Parts 1 1) Replace rotation bearing with new mounting bolts and nuts $3,708.00 $9,531.75 2 2) Adjust second stage wear pads/boom rubbing on auger hanger $206.00 $20.00 3 3) Remove and reseal right rear outrigger cylinder $412.00 $232.75 4 4) Torque loose right front outrigger mounting bolts $103.00 $25.00 5 5) Replace dirotde control air cylinder @ upper controls $52.00 $43.42 6 6) Tighten leaking hose fitting @ pole claw $52.00 n/c 7 7) Replace warning horn @ control console $52.00 $25.00 8 8) Replace p ude hitch $155.00 $175.00 9 9) Load test crane after repairs $206.00 n/e 10 10) Sublet repair of Fiberglass cross arm assembly $800.00 n/e 11 11) Supply operators manual n/e $102.00 12 12) Lubricate boom and new rotation bearing $103.00 $25.00 13 13) Supply 3 missing chock blocks n/c $40.02 14 14) Label engine stop at rear curbside access step area n/c n/c 15 15) Replace Hand signal chart and several safety decals $103.00 $150.00 16 16) Repair console control light check and advise $103.00 $25.00 17 17) Loosen up sticking controls @ upper basket controls $103.00 n/e 18 19 Note: If customer wishes we can perform a Quad crane inspection $507.00 20 Estimate based on performing repairs at T.U. Sacramento Labor $6,665.00 Part`s $10,394.94 Tax Total $17,059.94 NOTE: Parts and labor may vary due to hidden unknowns found at disassembly. Customer will be notified of additional parts and / or labor required to complete repairs. This estimate does not include tax, freight, travel, shop supplies / miscellaneous charges. These prices are in effect for 30 days. Thank you for the opportunity to provide this estimate. If you have any questions, please don't hesitate to call. Sincerely, Charles Means Service Technician Terex Utilities Sacramento, CA charle: means terex.com r ~ C, l y C~; ; k--iczh ITEM NO.: _10a MEETING DATE. April 21, 2010 AGENDA SUMMARY REPORT SUBJECT: STATUS REPORT AND DIRECTION CONCERNING THE CITYVIEW TRAIL PROJECT DISCUSSION: This Agenda item is intended to provide the City Council with a status report concerning the CityView Trail project, and to discuss and receive direction concerning a possible "grand opening event." Current Status: Construction of the trail is essentially complete. The Ukiah Valley Trails Group and City Staff have monitored the trail during the past winter and some minor maintenance work will be performed this spring. Additionally, the UVTG has continued a program of planting native plants along the trail route, and will be conducting an exercise of removing non-native species this spring. Signs: The only new signage installed to date has been two "No Bicycles" signs, and the Paths, Open Space and Creeks Commission, with input from the UVTG has been discussing additional signage for the park entrance, trail head, and along the trail route. As directed by the City Council, a proposed sign program will be agendized for Council and public discussion before additional signs are installed. Mitigation Monitoring: As required, City Staff has monitored the implementation of adopted mitigation measures for the trail. To date, all required mitigation measures except for final signage have been successfully implemented. As noted above, Staff monitored the trail during the winter and found that it was aging well and there were no major signs of erosion or other problems. During all visits, the culverts were sound and operating well and the small streams were running clear. Park System: At the April 21, 2010 meeting, Community Services Department Staff will be proposing and ordinance amending the City Code to formally include the City View Trail on the list of City parks. Grand Opening: The Paths, Open Space and Creeks Commission and City Staff have been discussing a possible grand opening or ribbon cutting event to formally open the trail to the public. The UVTG has been consulted, and are interested in attending. Before the event could take place, the trail would need to be formally listed as a City park and registered as such with the City's insurance carrier. The Commission and Staff are seeking the Council's ideas and direction concerning a grand opening or ribbon cutting event. Fiscal Impact: 7 Budgeted FY 09/10 ❑ New Appropriation 7 Not Applicable 7 Budget Amendment Required Recommended Action(s): Discuss the status of the CityView Trail project and provide any direction to Staff. Alternative Council Option(s): N/A Citizens advised: Ukiah Paths, Open Space and Creeks Commission and Ukiah Valley Trails Group 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 Attachments: None Approved: % r% e Chambers, City Manager ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 1965 OF CHAPTER 12 (PARKS AND RECREATION FACILITIES) OF DIVISION 1 (GOVERNMENT) OF THE UKIAH CITY CODE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Pursuant to Section 1965 of the Ukiah City Code, Division 1, Chapter 12 (Government) is amended by adding "City View Trail" to the City's official list of parks and recreation facilities, as shown on Exhibit "A" (Attached). SECTION TWO This amendment to Section 1965 of the Ukiah City Code, Division 1, Chapter 12 (Government) of the Ukiah City Code is necessary to formally list the new City View Trail as a City park and recreation facility. SECTION THREE The adding of City View Trail to the list of the City's parks and recreation facilities is not regarded as a "Project" pursuant to the requirements of the California Environmental Quality Act (CEQA), pursuant to Section 21065, because the act of adding it to the list would not result in a direct physical change in the environment or a reasonably foreseeable physical change in the environment. Moreover, the City approved a Mitigated Negative Declaration for the City View Trail project prior to approving the final design and authorizing its construction. SECTION FOUR This Ordinance shall be published as required by law in a newspaper of general circulation published in the City of Ukiah. SECTION FIVE This Ordinance shall become effective thirty (30) days after adoption. Introduced by title only on by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Passed and adopted on , by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Benj Thomas, Mayor ATTEST: JoAnne Currie, City Clerk EXHIBIT A SECTION 1965: FACILITIES: The following described parcels of land are parks and recreation facilities of the city and shall be known by the names indicated: A.Todd Grove municipal park: Bounded by Walnut, Live Oak Avenue, and Park Boulevard; B.Giorno park: Situated next to Anton stadium and lying between Giorno Avenue and Park Boulevard; C.Carpenter park: Bounded by Clay Street and Main Street; D.McGarvey park: Bounded by Stephenson, Bush, Dora, and Clay Streets; E.Oak Manor park: Bounded by Oak Manor Drive, Gobbi, and Gibson Streets; F.Seminary Avenue: Bounded by Oak and State Streets; G.Vinewood park: Situated between Elm and Pine Streets; H.Municipal golf course: Situated along Live Oak Avenue and Park Boulevard; I.Gardner Pocket park: Situated within parking lot A; J.Alex R. Thomas, Jr., Plaza: Bounded by State, School, and Clay Streets; K.Observatory park: Situated between Observatory Avenue and Luce Avenue; L.Orchard park: Bounded by Orchard Avenue and Cindee Drive; M.Riverside park: Situated at the east end of Gobbi Street and bordered on the east by the Russian River. N. City View Trail: Situated on the City-owned property above the Ukiah Municipal Golf Course in the lower western hills. The 1.5 mile looped trail begins and ends at a point in Low Gap Regional Park. 10b April 21, 2010 SUBJECT: INTRODUCTION OF ORDINANCE ADDING CITYVIEW TRAIL TO THE CITY'S PARK AND RECREATION FACILITIES DISCUSSION: The new City View Trail has been completed and is ready to be formally included in the City's list of park and recreation facilities. Section 1965 of the Ukiah City Code contains the list of park and recreation facilities, and Staff is proposing that the City Council introduce an Ordinance amending this code section to add the following: "City View Trail: Situated on the City-owned property above the Ukiah Municipal Golf Course in the lower western hills. The 1.5 mile looped trail begins and ends at a point in Low Gap Regional Park." Fiscal Impact: I Budgeted FY 09/10 F] New Appropriation ❑X Not Applicable Budget Amendment Required F Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested Continued on Page 2 Recommended Action(s): Introduce Ordinance by title only adding City View Trail to the City's park and recreation facilities. Alternative Council Option(s): N/A Citizens advised: Ukiah Paths, Open Space and Creeks Commission and Ukiah Valley Trails Group 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 and Sage Sangiacomo, Assistant City Manager Attachments: 1) Ordinance Approved: Aill-L- Ja ?~~Chambers, City Manager 10c April 21, 2010 SUBJECT: STATUS REPORT ON RIVERSIDE PARK DEVELOPMENT PROJECT FUNDED BY CALIFORNIA RESOURCES AGENCY RIVER PARKWAYS GRANT Summary: The City of Ukiah Community Services Department is managing a park development project funded by the California Resources Agency River Parkways Grant program. This Agenda Summary Report is an opportunity for the public and the City Council to learn about the progress of this project. Background: The Proposition 50 California River Parkways Program managed by the California Resources Agency is a competitive grant program for river parkways projects. Eligible projects must provide public access or be a component of a larger parkway plan that provides public access. Under the direction of Council staff submitted an application for funding in October of 2007. In April of 2008 staff received further direction from Council and continued to work with the Resources Agency in pursuit of funding. In June of 2008 the Resources Agency announced their award to 31 cities in the state of California with the City of Ukiah receiving an award for $810,000. The original grant application included restoration and development of more than 20 acres of park land and requested a grant award of 4.2 million (Attachment #1 Conceptual Site Plan). During the grant review process, and at the request of the Resources Agency, the City submitted a phased plan for the project area. The current grant funding of $810,000 is for phase 1 which includes improvements to the entry area such as an entry gate, landscaping and amenities such as a bike rack and benches. Construction of the main trail will start at the park entry and provide a stabilized pathway with a main trail on the top-of-bank, one river access trail and one loop trail. The improvements will meet the River Parkways criteria for restoration of the riparian habitat by removing invasive vegetation and replanting native species. Phase 1 will include approximately 2,500 linear feet of trail and 1,200 linear feet of river bank riparian restoration. The Phase 1 Diagram is included as Attachment #2. Recommended Action(s): Receive status report. Alternative Council Option(s): N/A Citizens advised: Paths, Opens Space, Creeks Commission, Park, Recreation and Golf Commission Requested by: NIA Prepared by: Katie Merz, Community Services Supervisor Coordinated with: Mary Horger, Purchasing Supervisor, Jane Chambers, City Manager Attachments: 1. Riverside Park 2002 Conceptual Site Plan 2. Phase 1 Diagram 3. Grant Agreement Narrative 4. Prequalification Process Sample From City of Newman 5. Prequalification State Legislation 6. Public Contract Code Section 20100-20103.6 Approved: Ja e' hambers, City Manager In July 2009 the City Council awarded a contract for design and engineering services to RRM Design Group. From that time forward staff has been working closely with the design firm. During the fall of 2009 the City and the State executed a formal grant agreement. The narrative elements of that agreement are shown in Attachment #3. Discussion: In more recent months staff and the design firm have been working on a number of communication items. Permitting agencies have been contacted and multiple meetings have been conducted. Representatives from Fish & Game, Water Quality and Army Corps have all been at the site and received an introduction to the project. The communication from the permitting agencies was tremendously successful. Formal permit application will be submitted in the coming weeks with the final design plans. A special meeting was prepared for Commissioners and members of the public. The joint meeting between the Paths, Open Space and Creeks Commission and the Park, Recreation and Golf Commission was conducted in late February. The meeting information was also mailed directly to residents and neighbors of the park as well as community groups such as Audubon and the Native Plant Society whom had expressed interest in the park project. The meeting was attended by over 30 individuals who received a preview of the design elements. Commissioners receive updates on the project at their monthly meetings and are invited to review plans during the submittal process. The design process is still underway. The City has received 75% design documents from RRM Design Group. Those plans and specifications have been reviewed by a number of staff such as the City Engineer and the Parks Golf Superintendant. The plans have followed guidelines as set forth for floodway regulation. Likewise the design plans include ADA provisions such as the grade of the trails and the site furnishings. The majority of the developed area will be ADA accessible with the exception of the river access point which is steep and will include stairs. In the coming weeks the design will be reaching a completed point and the City will be prepared to enter the bid process for construction. The plan for construction includes three major elements. The first step in the construction will include a short contract for the removal of debris at the site. Currently there is a significant amount of asphalt and concrete debris. There is also an old vehicle and some loose mental. This material will have to be removed prior to the trail construction and planting. The goal is to have the material removed and then re-survey the area to prepare the final specifications for the remaining work. The plans for debris removal will return to the Council in May. The two remaining components for the project are the construction of trails and the planting which includes the removal and eradication of invasive plants and the replanting of native plant species. Many items have been considered in creating the timeline and work-plan for this development. The permitting agencies will have to specify the time period for which the river bank can incur construction. Likewise, the process for removing invasive plant materials will require a series of months. Additionally, the type of work to be performed includes many specialties. Staff is investigating a prequalification process to assist in the selection of contractors. The grant funds specify that the project must have 80% success rate. Therefore the success rate of the invasive plant removal as well as the new plant growth is a very significant factor in the develop plan. Staff has included attachments #4, #5, and #6 that explain the process for a prequalification. Staff would like Council to provide comments on this process and discuss this item further during the meeting. In the coming months the full Phase 1design will be complete and a timeline will be established with the permitting agencies. Staff will then bring the plans and specifications forward to Council for review and approval and provide an update on the timeline and work plan. Fiscal Impact: F1 Budgeted FY 09/10 1-1 New Appropriation ® Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested Gobbi Street Riverside Perk Design Eemer~ s <14 r ~4 1 C?f r)14 Revitalized Baseball Complex ' "''M` 0i' a a tl ns a n t ®F x ~•Bd ~~C ~pt0 of ~ r +-4U ~.::ual canpgrnp P . gc' "'bws [maralb M '7tcnanceShed, . =..awa(.--Aa 1aW Caretaker`s Quarters • Rea&kM Cwtakcr Mbs /a rncwo P~% aeafayaneoatre~(ay r, Ricer Access mlM auaes earn Existing 8MX Track • F.>a;7Ma§nclcm5a.e6odefdcrManwa Parking W teA prntAtlea 135parvJMraPaosa a Dtrr~meivJnG baparan3 Mal>ages5le Picnic Area ' G [ aM i va ®K'eG[it+w. aa88P(pXtt11;[ Ka BCCceffiOW, 8GIX lradcc atacrose,eM Pbygfama & Nets Soccer Field ■ fasrf sr! r avam.~ ,.r ergmmaw~ry raaY TaKAwa ' [.,.a~tl ~le~~ahBf~!@C@@1i0118i 8CLtfAkS Tot Lot Playground r Nat, W AV. aouce W .Id baeh ti New Main Pond . Pc•cxl c trio Pdhanb waa tr ~~i . a ~mm pfptecwa uoa t« ~ ~ ~P~axfre 77 Fenced Pn i Park :R i ,n v:_~naaraaanratrg p c. f 8u{{ei Plalriing Evalg~c MaAr fwuva vagxtul3aa BttCfn G. Yti .+'~pYftgafWgllEP'ktg O,GP NatBYC WIId~OWer isydros 44 d Meadow L te pretive Trail F . =•OOuc~r n9r¢6~ka9at:nnatc ' I'mav~iC Ab I -0c.May LUO rnraNPrpNial cpn 1b C)~ n M~d,iow t7 Native Garci m r I. oat - to r: 'm G :+1 Oo L:I tlC 'ai.._I~a ~u wry a x. !c__ 18 RiparEan forest ■ae5vaaI r~~9.aM fp+°- wA9158t.4ad[~vL0.41bt a a,N;a rsmanarrer 19 Enhanced Wetland ■ Rf~M-IN.nlag r.ath o(ma R -r. ® Pknuides Tndbt iof uilWra Perimeter Fencing a PravCrAa tr~DaaabB U+Ma9>tCa,!a9 Brcaertac 29 Perimeter Fencing . PLV. Wow MN SM F- TI. i 1 l y Vicinity Map Attachment # 7J ~ ~tt~itr' ~ t1 ! 1 ~ J p,V7 f I 'I,rl ~ Tt I ~ S I' I J ~ rd~ t i {t 1 Ilk- I 1 ~~j ~ ! ~ Y C7 N 1 _ f :Y(f n 1 I `z r e scale: 1"=80, j, i 5ection A-A i-• o M- r •-y'.I Puniranl5 m.b ~ ~ li ilr( - . a In. p ~ r Fno ! ~ trb August 9, 2002 Conceptual Site Pfau R R M D F S N G R O U P laauaq ,A,.h". n y!s f PHASE I PLAN DIAGRAM Trail Sign Entry Native - Screen Planting \ Prop 50 Monument Sign Entry Gate r cb~~ l 7( Phase I = ~ Phase I 1,200 LF Riparian Restoration & Indicated Trails & Access to River Trail and Steps to River Access Universal Access Trail Universal Access Trail to River Overlook Riparian Forest Restoration Trail End I NTS REVISED CONCEPT SKETCH PLAN MAY 26, 2009 rrm group NIL State of California The Resources Agency - GRANT AGREEMENT GRANTEE NAME: City of Ukiah PROJECT TITLE: Gobbi Street Riverside Park Development AUTHORITY: Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 PROGRAM: California River Parkways Grant Program - Proposition 50 AGREEMENT NUMBER: 881780-0 TERM OF LAND TENURE: December 1, 2009 through November 30, 2029 PROJECT PERFORMANCE PERIOD IS: December 1, 2009 through December 31, 2011 Under the terms and conditions of this agreement, the applicant agrees to complete the project as described in the project scope described in Exhibit A, and any subsequent amendments, and the State of California, acting through the Resources Agency pursuant to the California Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002, agrees to fund the project up to the total state grant amount indicated. PROJECT DESCRIPTION: See project description on page 1 and Exhibit A of the Agreement Total State Grant not to exceed $ 810,000.00 (or project casts, whichever is less) The Special and General Provisions attached are made a part of and incorporated into the Agreement. CITY OF UKIAH STATE OF CALIFORNIA THE RESOURCES AGENCY B B Title Cif Mana er n C sh Title Deputy Assistant Secretary Date 1 ti. Date CERTIFICATION OF FUNDING AMOUNT OF ESTIMATE FUNDING AGREEMENT NUMBER FUND 6031 Water Bond (Prop 54) ADJ. INCREASING ENCUMBRANCE APPROPRIATION $ 0540-6031005-2007-101 PROGRAM 10 ADJ. DECREASING ENCUMBRANCE FUNCTION $ Local Assistance UNENCUMBERED BALANCE LINE ITEM ALLOTMENT CHAPTER STATUTE FISCAL YEAR $ 6031005-2007-101 1711172 2007 07/08 T.B.A. NO. B.R. NO. INDEX OBJ. EXPEND PGA PROJECT NUMBER 0540 751 07817 I here y certify u n my rsonal knowledge that budgeted funds are available for this encumbrance allw b c? SIGNATURE OF ACCOUNTING FFICER DATE STATE OF CALIFORNIA RESOURCES AGENCY GRANT AGREEMENT EXHIBIT A California River Parkways Grant Program California Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002 (Proposition 50) Grantee Name: City of Ukiah Project Title: Gobbi Street Riverside Park Development Agreement Number: R81780-0 Project Scope: This project will enhance a portion of the 42 acre Gobbi Street Riverside Park, adjacent to the Russian River near Highway 101 in the City of Ukiah, in Mendocino County. The project will improve the park entryway, develop approximately 2,500 linear feet of multipurpose trail, provide access to the river, and restore native planting and riparian habitat on the riverbank within a restoration area of approximately 160,000 square feet. Project elements will be refined during final design and construction document preparation. Entry Area Improvements: ® Gates and Barriers o Entry Gate approximately 18' to 20' wide by 3' to 4' tall on the northeast corner of the park at E. Gobbi Street entrance. o 2 to 4 removable bollards at the trailhead to control service vehicle access • Signage o One park monument sign o One bond acknowledgement sign ® Site Amenities o 1 Bike rack o 4 to 6 Trash receptacles Landscape Planting: Approximately 15,000 SF of native planting along the north edge of the existing parking area from the entry gate to the beginning of the trail Landscape Irrigation: Drip irrigation and spray irrigation as appropriate for native landscaping. Plant Establishment Period River Frontage Improvements: Selective Clearing for Trail Construction Grading to Establish Subgrade for Trails • Access Trails and River Overlook: Trails and a river overlook area will be constructed of stabilized aggregate as follows: o Riverbank Accessible Trail: Approximately 1,700 linear feet of a 9-10 feet wide ADA accessible trail along the top of the riverbank by implementing minor re-alignment, re- grading, and resurfacing of an existing service road beginning at the easterly edge of the existing parking area extending east approximately 400 feet to the top of the river bank and then south for approximately 1,300 feet. o River Access Trail: 4 to 5-foot wide trail approximately 200 linear feet in length leading from the Riverbank Accessible Trail down the bank to a canoe / kayak put-in location. o River Overlook Trail: An ADA-compliant trail, 400 to 600 feet in length by 5' wide, leading from the Riverbank Accessible Trail down the bank to an overlook area. Grant No. R81780-0 Exhibit A Page 2 o River Overlook: An at grade overlook approximately 150 to 200 SF size on an existing mid-bank terrace such that no railing will be required. ® Trail System Amenities: 4 to 5 benches, 2 to 3 picnic tables, and 3 to 5 way-finding signs along trail system as appropriate for final design. • Riparian Re-vegetation of Riverbank: The total area of the riverbank within the project limits is approximately 160,000 square feet (3.7 acres). o Removal of invasive non-native vegetation to the extent feasible with a focus on removing the large stands of Himalayan Blackberry and Periwinkle. o Implementation of temporary erosion control measures where non-native vegetation is removed to stabilize soil during plant establishment period o Replanting disturbed areas with native riparian understory plants. The anticipated plant palette is as follows: Snowberry (Symphoricarpus), Wild Rose (Rosa californica), ® Box Elder (Acer negundo), ® Calif. Blackberry (Rebus californica), Creek Dogwood (Corpus sericea), ® Santa Barbara Sedge (Carex barbarae), Willow (Salix spp.), ® Juncus patens, Melica ssp., Elymus glaucus, >o Spicebush (Calycanthus occidentalis), • Ribes spp, • Creeping Wild Rye (Leymus triticoldes) o Install drip and spray irrigation for restoration planting as appropriate for specific plantings o Plant Establishment Period Project Schedule: Activity Description Timeline Complete CEQA September 2009 Landscape Plans and Specifications _ October - January 2010 Permitting I February - May 2010 Bid and Award Contract ( March - April 2010 Entry Area Improvements Construct Entry Area Improvements August - October 2010 Establishment Period - Entry Area October 2010 - December 2011 River Frontage Improvements Removal of Invasive Non-native Vegetation June - August 2010 Construct Trail Improvements July- October 2010 Implement Temporary Erosion Control Se tember 2010 Replanting with Natives f Establishment Period - Restoration Area j April - May 2011 June 2011 -December 2011 Close out Project December 2011 S:'Ilonds !!nd Glllnls,tiom?s and t:,n!ms.t'st~p S{7`,t?ir:r i'srla,u~;,I'rujrct Lila f: !nxl ;a!6iah - (k)bhi 1 : - RESOLUTION NO. 2010- ESTABLISHING A PREQUALIFICATION PROCEDURE AND APPEALS PROCEDURE FOR USE IN THE BIDDING PROCESS FOR CONSTRUCTION OF THE NEWMAN DOWNTOWN PLAZA PROJECT WHEREAS, the City of Newman will be advertising for bids for construction of the Newman Downtown Plaza (Plaza) project; and WHEREAS, the City Council of the City of Newman recognizes that the Plaza is a highly visible aesthetic improvement to the core of Downtown Newman requiring substantial investment of public fields; and WHEREAS, the City Council of the City of Newman has determined that it is in the public interest for the City to adopt a procedure that will help ensure the Plaza is constructed by a reputable and qualified contractor at the best possible price; and WHEREAS, the Public Contracts Code (PCC) §20101 permits cities to prequalify contractors who wish to bid on public works contracts; and WHEREAS, the City staff has developed a uniform system of rating bidders based on objective criteria in accordance with PCC§20101; and WHEREAS, the City staff has also developed a process through which decisions regarding a prospective bidders qualifications may be appealed in accordance with PCC§20101; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Newman hereby resolve to require prospective bidders on the Plaza project to be prequalified in accordance with PCC §20101, and in so resolving the City Council of the City of Newman adopts the following forms and procedures for use as the basis for prequalifying prospective bidders: A. Prequalification Questionnaire, "Exhibit A"; B. Project Experience Interview Questions and Procedures, "Exhibit B"; C. Uniform Rating System and Procedures, "Exhibit C"; D. Prequalification and Appeal Procedures, "Exhibit D" The foregoing resolution was introduced at a regular meeting of the City Council of the City of Newman held on the 9`h day of March 2010 by Council Member , who moved its adoption which motion was duly seconded and was upon roll call carried and the resolution adopted by the following vote: AYES: NOES: ABSENT: APPROVED: Mayor of the City of Newman ATTEST: Deputy City Clerk of the City of Newman EXHIBIT A BIDDER PREQUALIFICATION QUESTIONNAIRE FOR THE NEWMAN DOWNTOWN PLAZA PROJECT CONTACT INFORMATION Firm Name: as it appears on license) Contact Person: Address: Check One: ❑ Corporation ❑ Partnership ❑ Sole Prop. Phone: Fax: If firm is a sole proprietor or partnership: Owner(s) of Company Contractor's License Number(s) and states in which they are held: Newman Downtown Plaza BIDDER PREQUALIFICATION QUESTIONNAIRE RRM Project #1306540 Page 1 PART I. ESSENTIAL REQUIREMENTS FOR QUALIFICATION Contractor will be immediately disqualified if the answer to any of questions 1 through 5 is "no."' Contractor will be immediately disqualified if the answer to any of questions 6, 7, 8 or 9 is "yes. If the answer to question 8 is "yes," and if debarment would be the sole reason for denial of pre-qualification, any pre-qualification issued will exclude the debarment period. 1. Contractor is qualified to obtain upon award of the contract a California Contractor's license of the class stated in the Notice to Bidders. ❑ Yes ❑ No 2. Contractor has a liability insurance policy with a policy limit of at least $2,000,000 per occurrence and $4,000,000 aggregate. ❑ Yes ❑ No 3. Contractor has current workers' compensation insurance policy as required by the Labor Code or is legally self-insured pursuant to Labor Code section 3700 et. seq. Yes ❑ No ❑ Contractor is exempt from this requirement, because it has no employees 4. Have you attached your latest copy of a reviewed or audited financial statement with accompanying notes and supplemental information?3 ❑ Yes ❑ No NOTE: A financial statement that is not either reviewed or audited is not acceptable. A letter verifying availability of a line of credit may also be attached; however, it will be considered as supplemental information only, and is not a substitute for the required financial statement. 5. Have you attached a notarized statement from an admitted surety insurer (approved by the California Department of Insurance) and authorized to issue bonds in the State of California, which states: (a) that your current bonding capacity is sufficient for the project for which you seek pre-qualification if you are seeking pre-qualification for a single project; or (if you are seeking pre-qualification valid for a year) (b) your current available bonding capacity?4 ❑ Yes ❑ No NOTE: Notarized statement must be from the surety company, not an agent or broker. 6. Has your contractor's license been revoked at any time in the last five years? ❑ Yes ❑ No 1 A "no" answer to Question 4 will not be disqualifying if the contractor is exempt from complying with Question 4, for reasons explained in footnote 3. 2 A contractor disqualified solely because of a "Yes" answer given to question 6, 7, or 9 may appeal the disqualification and provide an explanation of the relevant circumstances during the appeal procedure. 3 Public Contract Code section 20101(e) exempts from this requirement a contractor who has qualified as a small business pursuant to Government Code section 14837(d)(1), if the bid is "no more than 25 per cent of the qualifying amount provided in section 14837(d)(1)." As of January 1, 2001, the qualifying amount is $10 million, and 25 per cent of that amount, therefore, is $2.5 million. 4 An additional notarized statement from the surety may be requested by City of Newman at the time of submission of a bid, if this pre-qualification package is submitted more than 60 days prior to submission of the bid. Newman Downtown Plaza BIDDER PREQUALIFICATION QUESTIONNAIRE RRM Project #1306540 Page 2 Has a surety firm completed a contract on your behalf, or paid for completion because your firm was default terminated by the project owner within the last five (5) years? ❑ Yes ❑ No At the time of submitting this pre-qualification form, is your firm ineligible to bid on or be awarded a public works contract, or perform as a subcontractor on a public works contract, pursuant to either Labor Code section 1777.1 or Labor Code section 1777.7? ❑ Yes ❑ No If the answer is "Yes," state the beginning and ending dates of the period of debarment: 9. At any time during the last five years, has your firm, or any of its owners or officers been convicted of a crime involving the awarding of a contract of a government construction project, or the bidding or performance of a government contract? ❑ Yes ❑ No Newman Downtown Plaza BIDDER PREQUALIFICATION QUESTIONNAIRE RRM Project #1306540 Page 3 PART II. ORGANIZATION, HISTORY, ORGANIZATIONAL PERFORMANCE, COMPLIANCE WITH CIVIL AND CRIMINAL LAWS A. Current Organization and Structure of the Business For Firms That Are Corporations: 1a. Date incorporated : 1b. Under the laws of what state: 1c. Provide all the following information for each person who is either (a) an officer of the corporation (president, vice president, secretary, treasurer), or (b) the owner of at least ten per cent of the corporation's stock. Name Position Years with Co. % Ownership Social Security # 1d. Identify every construction firm that any person listed above has been associated with (as owner, general partner, limited partner or officer) at anytime during the last five years. NOTE: For this question, "owner" and "partner" refer to ownership of ten per cent or more of the business, or Lu per cent or more Or ITS STOCK, It the ouSlneSs is a corporation. Dates of Person's Participation with [Person's Name Construction Firm Firm For Firms That Are Partnerships: 1a. Date of formation: 1b. Under the laws of what state: 1c. Provide all the following information for each partner who owns 10 per cent or more of the firm. Name Position Years with Co. % Ownership Social Security # 1d. Identify every construction company that any partner has been associated with (as owner, general partner, limited partner or officer) at any time during the last five years. NOTE: For this question, "owner" and "partner" refer to ownership of ten per cent or more of the business, or ten per cent or more of its stock, if the business is a corporation. Dates of Person's Participation with Person's Name Construction Company Company Newman Downtown Plaza BIDDER PREQUALIFICATION QUESTIONNAIRE RRM Project #1306540 Page 4 For Firms That Are Sole Proprietorships: 1a. Date of commencement of business. 1b. Social security number of company owner. 1c. Identify every construction firm that the business owner has been associated with (as owner, general partner, limited partner or officer) at any time during the last five years. NOTE: For this question, "owner" and "partner" refer to ownership of ten per cent or more of the business, or ten per cent or more of its stock, if the business is a corporation. Dates of Person's Participation with Person's Name Construction Company Company For Firms That Intend to Make a Bid as Part of a Joint Venture: 1a. Date of commencement of joint venture. 1b. Provide all of the following information for each firm that is a member of the joint venture that expects to bid on one or more projects: Name of firm % Ownership of Joint Venture B. History of the Business and Organizational Performance 2. Has there been any change in ownership of the firm at any time during the last three years? NOTE: A corporation whose shares are publicly traded is not required to answer this question. ❑ Yes ❑ No If "yes," explain on a separate signed page. 3. Is the firm a subsidiary, parent, holding company or affiliate of another construction firm? NOTE: Include information about other firms if one firm owns 50 per cent or more of another, or if an owner, partner, or officer of your firm holds a similar position in another firm. ❑ Yes ❑ No If "yes," explain on a separate signed page. 4. Are any corporate officers, partners or owners connected to any other construction firms. NOTE: Include information about other firms if an owner, partner, or officer of your firm holds a similar position in another firm. ❑ Yes ❑ No If "yes," explain on a separate signed page. Newman Downtown Plaza BIDDER PREQUALIFICATION QUESTIONNAIRE RRM Project #1306540 Page 5 5. State your firm's gross revenues for each of the last three years: 6. How many years has your organization been in business as a contractor under your present business name and license number? years 7. Is your firm currently the debtor in a bankruptcy case? ❑ Yes ❑ No If "yes," please attach a copy of the bankruptcy petition, showing the case number, and the date on which the petition was filed. 8. Was your firm in bankruptcy at any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to question 7, above) ❑ Yes ❑ No If "yes," please attach a copy of the bankruptcy petition, showing the case number and the date on which the petition was filed, and a copy of the Bankruptcy Court's discharge order, or of any other document that ended the case, if no discharge order was issued. Licenses 9. List all construction license numbers, classifications and expiration dates of the contractor licenses held by your firm indicating state in which license is held and contact information for the licensing board of states other than California (list on separate signed sheet if necessary): 10. If any of your firm's license(s) are held in the name of a corporation or partnership, list below the names of the qualifying individual(s) listed inthe applicable state licensing board or agency records who meet(s) the experience and examination requirements for each license. 11. Has your firm changed names or license number in the past five years? ❑ Yes ❑ No If "yes," explain on a separate signed page, including the reason for the change. 12. Has any owner, partner or (for corporations:) officer of your firm operated a construction firm under any other name in the last five years? ❑ Yes ❑ No If "yes," explain on a separate signed page, including the reason for the change. 13. Has any contractor's license held by your firm or its Responsible Managing Employee (RME) or Responsible Managing Officer (RMO) been suspended within the last five years? Yes ❑ No If "yes," please explain on a separate signed sheet. Newman Downtown Plaza BIDDER PREQUALIFICATION QUESTIONNAIRE RRM Project #1306540 Page 6 Disputes 14, At anytime in the last five years has your firm been assessed and paid liquidated damages after completion of a project under a construction contract with either a public or private owner? ❑ Yes ❑ No If yes, explain on a separate signed page, identifying all such projects by owner, owner's address, the date of completion of the project, the contract price, the amount of liquidated damages assessed, and all other information necessary to fully explain the assessment of liquidated damages. 15. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, completing, any government agency or public works project for any reason? NOTE: "Associated with" refers to another construction firm in which an owner, partner or officer of your firm held a similar position, and which is listed in response to question 1c or 1d on this form. ❑ Yes ❑ No If "yes," explain on a separate signed page. State whether the firm involved was the firm applying for pre- qualification here or another firm. Identify by name of the company, the name of the person within your firm who was associated with that company, the year of the event, the owner of the project, the project and the basis for the action. 16. In the last five years has your firm been denied an award of a public works contract based on a finding by a public agency that your company was not a responsible bidder? ❑ Yes ❑ No If "yes," explain on a separate signed page. Identify the year of the event, the owner, the project and the basis for the finding by the public agency. NOTE: The following two questions refer only to disputes between your firm and the owner of a project. You need not include information about disputes between your firm and a supplier, another contractor, or subcontractor. You need not include information about "pass-through" disputes in which the actual dispute is between a sub-contractor and a project owner. Also, you may omit reference to all disputes about amounts of less than $50,000. 17. In the past five years has any claim against your firm concerning your firm's work on a construction project been filed in court or arbitration? ❑ Yes ❑ No if "yes," on separate signed sheets of paper identify the claim(s) by providing the project name, date of the claim, name of the claimant, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution). 18. In the past five years has your firm made any claim against a project owner concerning work on a project or payment for a contract and filed that claim in court or arbitration? ❑ Yes ❑ No If "yes," on separate signed sheets of paper identify the claim by providing the project name, date of the claim, name of the entity (or entities) against whom the claim was filed, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending, or if resolved, a brief description of the resolution). Newman Downtown Plaza BIDDER PREQUALIFICATION QUESTIONNAIRE RRM Project #1306540 Page 7 19. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf, in connection with a construction project, either public or private? ❑ Yes ❑ No If "yes," explain on a separate signed page the amount of each such claim, the name and telephone number of the claimant, the date of the claim, the grounds for the claim, the present status of the claim, the date of resolution of such claim if resolved, the method by which such was resolved if resolved, the nature of the resolution and the amount, if any, at which the claim was resolved. 20. In the last five years has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? ❑ Yes ❑ No If "yes," explain on a separate signed page. Name the insurance carrier, the form of insurance and the year of the refusal. Criminal Matters and Related Civil Suits 21. Has your firm or any of its owners, officers or partners ever been found liable in a civil suit or found guilty in a criminal action for making any false claim or material misrepresentation to any public agency or entity? ❑ Yes ❑ No If "yes," explain on a separate signed page, including identifying who was involved, the name of the public agency, the date of the investigation and the grounds for the finding. 22. Has your firm or any of its owners, officers or partners ever been convicted of a crime involving any federal, state, or local law related to construction? ❑ Yes ❑ No If "yes," explain'on a separate signed page, including identifying who was involved, the name of the public agency, the date of the conviction and the grounds for the conviction. 23. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? ❑ Yes ❑ No If "yes," identify on a separate signed page the person or persons convicted, the court (the county if a state court, the district or location of the federal court), the year and the criminal conduct. Bonding 24. Bonding capacity: Provide documentation from your surety identifying the following: Name of bonding company/surety: Name of surety agent, address and telephone number: Newman Downtown Plaza BIDDER PREQUALIFICATION QUESTIONNAIRE RRM Project #1306540 Page 8 25. If your firm was required to pay a premium of more than one percent for a performance and payment bond on any project(s) on which your firm worked at anytime during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one per cent, if you wish to do so. 26. List all other sureties (name and full address) that have written bonds for your firm during the last five years, including the dates during which each wrote the bonds: 27. During the last five years, has your firm ever been denied bond coverage by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a public construction project when one was required? ❑ Yes ❑ No If yes, provide details on a separate signed sheet indicating the date when your firm was denied coverage and the name of the company or companies which denied coverage; and the period during which you had no surety bond in place. C. Compliance with Occupational Safety and Health Laws and with Other Labor Legislation Safety 28. Has CAL OSHA or other comparable agency of another state cited and assessed penalties against your firm for any "serious," "willful" or "repeat" violations of its safety or health regulations in the past five years? NOTE: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it. ❑ Yes ❑ No If "yes," attached a separate signed page describing the citations, including information about the dates of the citations, the nature of the violation, the project on which the citation(s) was or were issued, the amount of penalty paid, if any. If the citation was appealed to the Occupational Safety and Health Appeals Board and a decision has been issued, state the case number and the date of the decision. 29. Has the federal Occupational Safety and Health Administration cited and assessed penalties against your firm in the past five years? NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation. ❑ Yes ❑ No If "yes," attach a separate signed page describing each citation. Newman Downtown Plaza BIDDER PREQUALIFICATION QUESTIONNAIRE RRM Project #1306540 Page 9 30. Has the EPA or any Air Quality Management District or any Regional Water Quality Control Board cited and assessed penalties against either your firm or the owner of a project on which your firm was the contractor, in the past five years? NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation. ❑ Yes ❑ No If "yes," attach a separate signed page describing each citation. 31. How often do you require documented safety meetings to be held for construction employees and field supervisors during the course of a project? 32. List your firm's Experience Modification Rate (EMR) (California workers' compensation insurance) for each of the past three premium years: NOTE: An Experience Modification Rate is issued to your firm annually by your workers' compensation insurance carrier. Current year:. Previous year: Year prior to previous year: If your EMIR for any of these three years is or was 1.00 or higher you may, if you wish, attach a letter of explanation. 33. Within the last five years has there ever been a period when your firm had employees but was without workers' compensation insurance or state-approved self-insurance? ❑ Yes ❑ No If "yes," please explain the reason for the absence of workers' compensation insurance on a separate signed page. If "No," please provide a statement by your current workers' compensation insurance carrier that verifies periods of workers' compensation insurance coverage for the last five years. (if your firm has been in the construction business for less than five years, provide a statement by your workers' compensation insurance carrier verifying continuous workers' compensation insurance coverage for the period that your firm has been in the construction business.) Prevailing Wage and Apprenticeship Compliance Record 34. Has there been more than one occasion during the last five years in which your firm was required to pay either back wages or penalties for your own firm's failure to comply with the state's prevailing wage laws? NOTE: This question refers only to your own firm's violation of prevailing wage laws, not to violations of the prevailing wage laws by a subcontractor. ❑ Yes ❑ No If "yes," attach a separate signed page or pages, describing the nature of each violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid and the amount of back wages and penalties that you were required to pay. Newman Downtown Plaza BIDDER PREQUALIFICATION QUESTIONNAIRE RRM Project #1306540 Page 10 35. During the last five years, has there been more than one occasion in which your own firm has been penalized or required to payback wages for failure to comply with the federal Davis-Bacon prevailing wage requirements? ❑ Yes ❑ No If "yes," attach a separate signed page or pages describing the nature of the violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid, the amount of back wages you were required to pay along with the amount of any penalty paid. 36. Provide the name, address and telephone number of the apprenticeship program (approved by the California Apprenticeship Council) from whom you intend to request the dispatch of apprentices to your company for use on any public work project for which you are awarded a contract by [Public Entity]. 37. If your firm operates its own State-approved apprenticeship program: (a) Identify the craft or crafts in which your firm provided apprenticeship training in the past year. (b) State the year in which each such apprenticeship program was approved, and attach evidence of the most recent California Apprenticeship Council approval(s) of your apprenticeship program(s). (c) State the number of individuals who were employed by your firm as apprentices at any time during the past three years in each apprenticeship and the number of persons who, during the past three years, completed apprenticeships in each craft while employed by your firm. 38. At any time during the last five years, has your firm been found to have violated any provision of California apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public works? NOTE: You may omit reference to any incident that occurred prior to January 1, 1998, if the violation was by a subcontractor and your firm, as general contractor on a project, had no knowledge of the subcontractor's violation at the time they occurred. ❑ Yes ❑ No If "yes," provide the date(s) of such findings, and attach copies of the Department's final decision(s). Newman Downtown Plaza BIDDER PREQUALIFICATION QUESTIONNAIRE RRM Project #1306540 Page 11 PART III: RECENT COMPARABLE CONSTRUCTION PROJECTS COMPLETED 39. Contractor shall provide information on 3 public projects completed within the last 5 years that are comparable in scope and context as the Newman Downtown Plaza. Each comparable project should be primarily pedestrian-oriented site improvements that closely match or exceed the following attributes. It is not mandatory that each project have all of the attributes to any extent or to the extent indicated; however more points are given to projects that meet or exceed the stated amounts: a. Construction contract price of over $2.0 million; b. Roadway construction within Caltrans ROW equaling at 15% of the construction contract price; c. Refined colored concrete pedestrian-oriented paving equaling approximately 15/ of the construction contract price; d. Brick paving, mortared and sand set, equaling at least 5% of the construction contract price; e. Brick masonry walls and columns equaling at least 5% of the construction contract price; f. Architectural steel/ornamental metal structures equaling at least 10% of the construction contract price; Names and contact information of references for each comparable project must be current and verifiable. Failure to list the above referenced number of comparable projects or determination of the City that the information is invalid will result in immediate disqualification. For all listed projects, the prospective bidder must have acted in the role of general contractor. Provide information about each comparable project on the following Project Data Form. Newman Downtown Plaza BIDDER PREQUALIFICATION QUESTIONNAIRE RRM Project #1306540 Page 12 PROJECT DATA SHEET (One Form per Project) 1. Project Name: 2. Project Location 3. Project Type: 4. Contract Price: a. Explain Difference: (use additional signed sheets as necessary) 5. Project Schedule: a. Explain Difference: (use additional signed sheets as necessary) 6. Project Location: 7. Owner Information Name: Address: Phone Number: Contact Person: 8. Architect's Information: Firm Name: Phone Number: Contact Person: Newman Downtown Plaza RRM Project #1306540 Public: ❑ Price at Bid Private: 1-1 Price at Completion: Schedule at Start: (in working days) Actual Schedule: (in working days) BIDDER PREQUALIFICATION QUESTIONNAIRE Page 13 9. Construction Manager: Company Name: Phone Number: Contact Person: 10. General Contractor's Project Manager: 11. General Contractor's Superintendent: 12. Project Attributes: a. Provide a general description of the comparable project: b. Amount of Caltrans Roadway construction as percentage of total contract price: c. Amount of refined colored concrete pedestrian-oriented paving as percentage of total contract price d. Amount of brick paving, mortared and sand set, as percentage of total contract price: e. Amount of brick masonry walls and columns as a percentage of the total contract price f. Amount of architectural steel/ornamental metal structures as percentage of total contract price: Newman Downtown Plaza BIDDER PREQUALIFICATION QUESTIONNAIRE RRM Project #1306540 Page 14 PRE-QUALIFICATION DECLARATION (Printed Name) (Title) , hereby declare that I am the (Name of Firm) and certify and declare that I have read all the foregoing answers to this prequalification questionnaire and know their contents. The matters stated in the questionnaire answers and all attachments are true of my own knowledge and belief, except as to those matters stated on information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California, that the foregoing is correct and that this declaration was executed in County/State, on 2010. Dated: Newman Downtown Plaza RRM Project #1306540 (Signature) BIDDER PREQUALIFICATION QUESTIONNAIRE Page 15 EXHIBIT B PROJECT EXPERIENCE INTERVIEW QUESTIONS AND PROCEDURES NEWMAN DOWNTOWN PLAZA PROJECT The following questions will be used to interview randomly selected contacts from at least two completed projects. The City of Newman will conduct the interviews. No action on the contractor's part is necessary. First, please give a brief description of the project. 1. Are there any outstanding stop notices, liens, or claims by the contractor that are currently unresolved on contracts for which notices of completion were recorded more than 120 days ago? (1 point for each is deducted from overall score; maximum amount to be deducted is 5 points) 2. On a scale of 1-10, with 10 being the best, did the contractor provide adequate personnel? (Max. 10 points) 3. On a scale of 1-10, with 10 being the best, did the contractor provide adequate supervision? (Max. 10 points) 4. On a scale of 1-10, with 10 being the best, was there adequate equipment provided on the job? (Max. 10 points) 5. On a scale of 1-10, with 10 being the best, was the contractor timely in providing reports and other paperwork, including change order paperwork and scheduling updates? (Max. 10 points) 6. On a scale of 1-10, with 10 being the best, did the contractor adhere to the project schedule that your [agency] [business] approved? (Max. 10 points) 7. Was the project completed on time? (10 points if the answer is "Yes"). Or, if the answer is "no," on a scale of 1-10, with 10 being; the best, to what extent was the contractor responsible for the delay in completion? 8. On a scale of 1-10, with 10 being the best, rate the contractor on the timely submission of reasonable cost and time estimates to perform change order work. (Max. 10 points) 9. On a scale of 1-10, with 10 being the best, rate the contractor on how well the contractor performed the work after a change order was issued, and how well the contractor integrated the change order work into the existing work. (Max. 10 points). 10. On a scale of 1-10, with 10 being the best, rate how has the contractor been performing in the area of turning in Operation & Maintenance manuals, completing as-built drawings, providing required training and taking care of warranty items? (Max. 10 points) 11. On a scale of 1-10, with 10 being the best, rate the contractor on whether there were an unusually high number of claims, given the nature of the project, or unusual difficulty in resolving them. (Max. 10 points) 12. On a scale of 1-10, with 10 being the highest, rate the contractor with respect to timely payments by the contractor to either subcontractors or suppliers. (If the person being interviewed knows of no such difficulties, the score on this question should be "10.") 13. On a scale of 1-10, with 10 being the best, how would you rate the quality of the work overall? (Max. 10 points) Newman Downtown Plaza PROJECT EXPERIENCE INTERVIEW QUESTIONS AND PROCEDURES RRM Project #1306540 Page 1 INSTRUCTIONS FOR INTERVIEW QUESTIONS The following is meant to assist in the interviews of the managers of comparable projects previously completed (that is, the people who supervised the projects for the project owners) by the contractor wishing to pre-qualify. The interview questions allow qualitative review of work performance for contractors who choose to bid and pre- qualify for public works contracts. The interview questions will be used to examine randomly selected contacts from at least two completed past projects. In each question, the person being interviewed is asked to rate a certain aspect of contractor's performance, using a scale of 1 to 10. The highest possible score is 120 points. A score of less than 55 points on any of the comparable projects disqualifies the contractor from bidding on projects that are proposed by the public agency. A score of 72 points or more on each interview is sufficient for a contractor to qualify on this portion of the prequalification process. If the scores resulting from an interview are between 55 and 72, the public agency should conduct another interview to collect additional information. It is possible that the score given to any interview answer may be challenged in an appeal. For that reason, be sure to: (a) ask the person being interviewed for specific information or details, to explain or substantiate the numerical answer given; and (b) take written notes of the information provided. Selection of the Interviewer: (a) The City Manager shall designate an individual who is at least moderately well informed about public works construction to serve as the interviewer. (b) The individual shall be unbiased during the interview; this is to ensure accurate implementation of the interview questions. (c) The individual shall not use examples or deviate from the questions unless the project manager is unclear and prompts further explanation. The interviewer shalloffer additional explanation of the questions only if he/she is sure of the intent of the question in the interview. Locating the respondent to interview: (a) The interviewer shall attempt to contact a project manager of a past project for the interview. The interviewer shall be aware that for one interview to be completed, there may be a need to interview multiple individuals. That is, the interviewer may have to contact multiple individuals, such as the project manager concerning the building process, and a financial manager for warranty items, assessed liens, and the like. (b) Once reached, the interviewer shall review the information contained in the questionnaire of the past project with the project manager. That is, review who is being interviewed and why (purposes of pre-qualifying for public works), the past project type, completion date, and other pertinent information to ensure that the project manager is sure of the project he/she is asked to review. Interview Length: (a) The interview should take 8-12 minutes, under normal circumstances. (b) The interviewer, when contacting the project manager, should convey the expected time which it takes to conduct the interview. This is to ensure the individual is not discouraged from taking part in the interview Newman Downtown Plaza PROJECT EXPERIENCE INTERVIEW QUESTIONS AND PROCEDURES RRM Project #1306540 Page 2 Conducting the interviews: (a) The interview shall examine at least two separate past projects listed in the questionnaire. (b) After the interview is scored, the interviewer shall compare the interview score with the same contractor's score on the written questionnaire. If the ratings (overall scores) are far apart, the interviewer shall conduct at least one/two more interviews to determine how past performance should be weighted. (c) While conducting the interview, the interviewer should be consistent with the way the questions are presented. That is, if the interviewer changes the way questions are presented during the review, it could potentially change the way the respondent answers the questions and jeopardize the overall scoring. Newman Downtown Plaza PROJECT EXPERIENCE INTERVIEW QUESTIONS AND PROCEDURES RRM Project #1306540 Page 3 EXHIBIT C UNIFORM RATING SYSTEM AND PROCEDURES FOR THE NEWMAN DOWNTOWN PLAZA PROJECT The prequalification questionnaires for the Newman Downtown Plaza project will be reviewed and scored by the City Manager or his designee. Part I of the Questionnaire contains "yes/no" type questions on essential requirements for qualifications. See the questionnaire for direction on how those questions are handled. The balance of the questionnaire has a mix of purely informational and scorable questions. The following uniform rating system shall be used to score the scorable questions in the questionnaire. The scorable questions arise in three different areas of the questionnaire: Part II.B. History of the business and organizational performance; Part II.C. Compliance with occupational safety and health laws, workers' compensation and other labor legislation; and Part III Interviews related to quality of performance on completion of recent comparable rp oiects. Note: Not all questions in the questionnaire are scorable; some questions simply ask for information about the contractor firm's structure, officers and history. This document includes only those questions that are "scorable." The question numbers referenced below correspond to the numbers used in the questionnaire. Thus, the questions included here begin with question number 6, and there are a few breaks in the numerical sequence. Scores Needed for Prequalification To prequalify, a contractor is required to have acceptable responses in Part I of the questionnaire and have a passing score within each of the three large categories referred to above. Passing scores shall be as follows: Part II.B., "History of the business and organizational performance," a score of 57 out of a maximum 76 points shall be considered as passing. Part II.C., Compliance with occupational safety and health laws, workers' compensation and other labor legislation a score of 38 out of a maximum of 53 points shall be considered passing. Part III, Completion of recent projects and quality of performance, includes a series of interview questions, and may also include questions about recently completed (public or private) construction projects. For the interview questions, DIR recommends that a public agency interview project managers for the owners of two completed projects. DIR recommends a scoring system that would allow a maximum score of 120 points for each interview. For these questions, DIR recommends qualification for a contractor whose score on each of two interviews is 72 points or more; a denial of pre-qualification for a contractor whose score on either interview is less than 55 points; and an additional interview with another reference if the score resulting from one interview is between 55 points and 72 points. In addition, for Part III the prospective bidder must score at least 20 points out of the 30 possible points in scoring of the attributes of at least 2 of the comparable projects. Newman Downtown Plaza UNIFORM RATING SYSTEM AND PROCEDURES FIRM Project #1306540 Page 1 Scorable Questions from Part II.B. of Questionnaire: Questions about History of the Business and Organizational Performance(16 questions) How many years has your organization been in business as a contractor under your present business name and license number? years 3 years or more = 2 points 4 years = 3 points 5 years = 4 pts. 6 years or more = 5 points Is your firm currently the debtor in a bankruptcy case? ❑ Yes ❑ No "No" = 3 points" "Yes" = 0 points 8. Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to question 7, above). ❑ Yes ❑ No "No" = 3 points" "Yes" = 0 points 13. Has any contractor's license held by your firm or its Responsible Managing Employee (RME) or Responsible Managing Officer (RMO) been suspended within the last five years? ❑ Yes ❑ No No = 5 points Yes = 0 points 14. At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a construction contract with either a public or private owner? ❑ Yes ❑ No No projects with liquidated damages of more than $50,000, or one project with liquidated damages = 5 points. Two projects with liquidated damages of more than $50,000 = 3 points Any other answer: no points 15. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason? NOTE: "Associated with" refers to another construction firm in which an owner, partner or officer of your firm held a similar position, and which is listed in response to question 1c or 1d on this form. ❑ Yes ❑ No No = 5 points Yes = 0 points 16. In the last five years, has your firm been denied an award of a public works contract based on a finding by a public agency that your company was not a responsible bidder? ❑ Yes ❑ No No = 5 points Yes = 0 points Newman Downtown Plaza RRM Project #1306540 UNIFORM RATING SYSTEM AND PROCEDURES Page 2 NOTE: The following two questions refer only to disputes between your firm and the owner of a project. You need not include information about disputes between your firm and a supplier, another contractor, or subcontractor. You need not include information about "pass-through" disputes in which the actual dispute is between a sub-contractor and a project owner. Also, you may omit reference to all disputes about amounts of less than $50,000. 17. In the past five years, has any claim against your firm concerning your firm's work on a construction project, been filed in court or arbitration? ❑ Yes ❑ No If the firm's average gross revenue for the last three years was less than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating 1 such instance. 3 points for "Yes" indicating 2 such instances. 0 points for "Yes" if more than 2 such instances. If your firm's average gross revenue for the last three years was more than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating 1, 2, or 3 such instances. 3 points for "Yes" indicating either 4 or 5 such instances. 0 points for "Yes" if more than 5 such instances. 18. In the past five years, has your firm made any claim against a,project owner concerning work on a project or payment for a contract, and filed that claim in court or arbitration? ❑ Yes ❑ No if your firm's average gross revenues for the last three years was less than $50 million scoring is as follows: 5 points for either "No" or "Yes" indicating 1 such instance. 3 points for "Yes" indicating 2 such instances. 0 points for "Yes" if more than 2 such instances. if your firm's average gross revenues for the last three years was more than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating 1, 2, or 3 such instances. 3 points for "Yes" indicating either 4 or 5 such instances. 0 points for "Yes" if more than 5 such instances. 19. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf in connection with a construction project, either public or private? ❑ Yes ❑ No 5 points for either "No" or "Yes" indicating 1 such claim. 3 points for "Yes" indicating no more than 2 such claims Subtract five points for "Yes" if more than 2 such claims Newman Downtown Plaza RRM Project #1306540 UNIFORM RATING SYSTEM AND PROCEDURES Page 3 20. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? ❑ Yes ❑ No 5 points for either "No" or "Yes" indicating 1 such instance. 3 points for "Yes" indicating 2 such instances. 0 points for "Yes" or if more than 2 such instances. 21. Has your firm, or any of its owners, officers, or partners ever been found liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity? ❑ Yes ❑ No No = 5 points Yes = subtract 5 points 22. Has your firm, or any of its owners, officers or partners ever been convicted of a crime involving any federal, state, or local law related to construction? ❑ Yes ❑ No No = 5 points Yes = subtract 5 points 23. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? ❑ Yes ❑ No No = 5 points Yes = subtract 5 points 25. If your firm was required to pay a premium of more than one per cent for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one percent, if you wish to do so. 5 points if the rate is no more than one per cent 3 points if the rate was no higher than 1.10 per cent. 0 points for any other answer. 27. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a public construction project when one was required? ❑ Yes ❑ No No = 5 points Yes = 0 points Newman Downtown Plaza RRM Project #1306540 UNIFORM RATING SYSTEM AND PROCEDURES Page 4 Scorable Questions from Part II.C. of the Questionnaire: Questions about compliance with safety, workers compensation,prevailing wage and apprenticeship laws.(11 questions) 28. Has CAL OSHA or other comparable agency in another state cited and assessed penalties against your firm for any "serious," "willful" or "repeat" violations of its safety or health regulations in the past five years? Note: If you have filed an appeal of a citation and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it. ❑ Yes ❑ No if the firm's average gross revenues for the last three years was less than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating 1 such instance. 3 points for "Yes" indicating 2 such instances. 0 points for "Yes" if more than 2 such instances. If the firm's average gross revenues for the last three years was more than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating 1, 2, or 3 such instances. 3 points for "Yes" indicating either 4 or 5 such instances. 0 points for "Yes" if more than 5 such instances. 29. Has the federal Occupational Safety and Health Administration cited and assessed penalties against your firm in the past five years? Note: If you have filed an appeal of a citation and the appropriate appeals Board has not yet ruled on your appeal, you need not include information about it. ❑ Yes ❑ No If yes, attach a separate signed page describing each citation. If the firm's average gross revenues for the last three years was less than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating 1 such instance. 3 points for "Yes" indicating 2 such instances. 0 points for "Yes" or if more than 2 such instances. If the firm's average gross revenues for the last three years was more than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating 1, 2, or 3 such instances. 3 points for "Yes" indicating either 4 or 5 such instances. 0 points for "Yes" if more than 5 such instances. 30. Has the EPA or any Air Quality Management District or any Regional Water Quality Control Board cited and assessed penalties against either your firm or the owner of a project on which your firm was the contractor, in the past five years? NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation. ❑ Yes ❑ No Newman Downtown Plaza RRM Project #1306540 UNIFORM RATING SYSTEM AND PROCEDURES Page 5 If the firm's average gross revenues for the last three years was less than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating 1 such instance. 3 points for "Yes" indicating 2 such instances. 0 points for "Yes" or if more than 2 such instances. If the firm's average gross revenues for the last three years was more than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating 1, 2, or 3 such instances. 3 points for "Yes" indicating either 4 or 5 such instances. 0 points for "Yes" if more than 5 such instances. 31. How often do you require documented safety meetings to be held for construction employees and field supervisors during the course of a project? 3 points for an answer of once each week or more often. 0 points for any other answer 32. List your firm's Experience Modification Rate (EMR) (California workers' compensation insurance) for each of the past three premium years: NOTE: An Experience Modification Rate is issued to your firm annually by your workers' compensation insurance carrier. Current year: Previous year: Year prior to previous year: If your EMIR for any of these three years is or was 1.00 or higher, you may, if you wish, attach a letter of explanation. NOTE: An Experience Modification Rate is issued to your firm annually by your workers' compensation insurance carrier. 5 points for three-year average EMR of.95 or less 3 points for three-year average of EMR of more than.95 but no more than 1.00 0 points for any other EMR 33. Within the last five years, has there ever been a period when your firm had employees but was without workers' compensation insurance or state-approved self-insurance? ❑ Yes ❑ No 5 points for either "No" or "Yes" indicating 1 such instance. 0 points for any other answer. 34. Has there been more than one occasion during the last five years on which your firm was required to pay either back wages or penalties for your own firm's failure to comply with the state's prevailing wage laws? ❑ Yes ❑ No NOTE: This question refers only to your own firm's violation of prevailing wage laws, not to violations of the prevailing wage laws by a subcontractor. Newman Downtown Plaza RRM Project #1306540 UNIFORM RATING SYSTEM AND PROCEDURES Page 6 If your firm's average gross revenues for the last three years was less than $50 million, scoring is as follows: 5 points for either "No," or "Yes" indicating either 1 or 2 such instance. 3 points for "Yes" indicating 3 such instances. 0 points for "Yes" and more than 3 such instances. If your firm's average gross revenues for the last three years was more than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating no more than 4 such instances. 3 points for "Yes" indicating either 5 or 6 such instances. 0 points for "Yes" and more than 6 such instances. 35. During the last five years, has there been more than one occasion on which your own firm has been penalized or required to pay back wages for failure to comply with the federal Davis-Bacon prevailing wage requirements? ❑ Yes ❑ No If your firm's average gross revenues for the last three years was less than $50 million, scoring is as follows: 5 points for either "No," or "Yes" indicating either 1 or 2 such instance. 3 points for "Yes" indicating 3 such instances. 0 points for "Yes" and more than 3 such instances. If your firm's average gross revenues for the last three years was more than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating no more than 4 such instances. 3 points for "Yes" indicating either 5 or 6 such instances. 0 points for "Yes" and more than 6 such instances. 36. Provide the name, address and telephone number of the apprenticeship program sponsor(s) (approved by the California Division of Apprenticeship Standards) that will provide apprentices to your company for use on any public work project for which you are awarded a contract by [Public Entity]. 5 points if at least one approved apprenticeship program is listed. 0 points for any other answer. 37. If your firm operates its own State-approved apprenticeship program: (a) Identify the craft or crafts in which your firm provided apprenticeship training in the past year. (b) State the year in which each such apprenticeship program was approved, and attach evidence of the most recent California Apprenticeship Council approval(s) of your apprenticeship program(s). (c) State the number of individuals who were employed by your firm as apprentices at any time during the past three years in each apprenticeship and the number of persons who, during the past three years, completed apprenticeships in each craft while employed by your firm. 5 points if one or more persons completed an approved apprenticeship while employed by your firm. Newman Downtown Plaza UNIFORM RATING SYSTEM AND PROCEDURES RRM Project #1306540 Page 7 0 points if no persons completed an approved apprenticeship while employer by your firm. 38. At any time during the last five years, has your firm been found to have violated any provision of California apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public works? NOTE: You may omit reference to any incident that occurred prior to January 1, 1998 if the violation was by a subcontractor and your firm, as general contractor on a project, had no knowledge of the subcontractor's violation at the time they occurred. Yes ❑ No. If yes, provide the date(s) of such findings, and attach copies of the Department's final decision(s). If your firm's average gross revenues for the last three years was less than $50 million, scoring is as follows: 5 points for either "No," or "Yes" indicating either 1 or 2 such instance. 3 points for "Yes" indicating 3 such instances. 0 points for "Yes" and more than 3 such instances. If your firm's average gross revenues for the last three years was more than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating no more than 4 such instances. 3 points for "Yes" indicating either 5 or 6 such instances. 0 points for "Yes" and more than 6 such instances. Newman Downtown Plaza RRM Project #1306540 UNIFORM RATING SYSTEM AND PROCEDURES Page 8 Scoring of Part III of the Questionnaire See Exhibit B, Project Experience Interview Questions and Procedures, for interview questions and scoring guidelines. Scoring of the attributes of each comparable project shall be as follows: SCORING GUIDELINE Project Attribute 5 points 3 points 1 point 0 points $1.0m to $500K to a. Contract Price >_$2.0M <$2.OM <$1.0M <$500K b. Amount of Caltrans Roadway construction as 7.5% to 5% to percentage of total contract price: ?15% <15% <7.5% <5% c. Amount of refined colored concrete pedestrian-oriented paving as percentage of 7.5% to 5% to total contract price ?15% <15% <7.5% <5% d. Amount of brick paving, mortared and sand 2.5% to 1.5% to set, as percentage of total contract price: ?5% <5% <2.5% <1.5% e. Amount of brick masonry walls and columns 2.5% to 1.5% to as a percentage of the total contract price ?5% <5% <2.5% <1.5% f. Amount of architectural steel/ornamental metal structures as percentage of total 2.5% to contract price: >_10% 5% to <10% <5% <2.5% A prospective bidder must score a minimum of 20 points on the above attributes to be considered qualified. Newman Downtown Plaza RRM Project #1306540 UNIFORM RATING SYSTEM AND PROCEDURES Page 9 EXHIBIT D BIDDER PRE-QUALIFICATION AND APPEAL PROCEDURES FOR THE NEWMAN DOWNTOWN PLAZA PROJECT The Notice to Bidders for the Newman Downtown Plaza shall include language that is substantially similar to the following: NOTICE OF BIDDER PREQUALFICATION REQUIREMENT Notice is hereby given that the City of Newman has determined that all bidders on Newman Downtown Plaza to be undertaken by the City of Newman must be pre-qualified prior to submitting a bid on the project. It is mandatory that all Contractors who intend to submit a bid, fully complete the pre-qualification questionnaire, provide all materials requested herein, and be scored high enough to be approved by the City of Newman to be on the final qualified Bidders list. No bid will be accepted from a Contractor that has failed to comply with these requirements. If two or more business entities submit a bid as part of a Joint Venture, or expect to submit a bid as part of a Joint Venture, each entity within the Joint Venture must be separately qualified to bid. The last date to submit a fully completed questionnaire is 35 days prior to the bid closing date. Contractors are encouraged to submit pre-qualification packages as soon as possible, so that they may be notified of omissions of information to be remedied or of their pre- qualification status well in advance of the bid advertisement for this project. Prequalification Procedure: Answers to questions contained in the attached questionnaire, information about current bonding capacity, notarized statement from surety, and the most recent reviewed or audited financial statements, with accompanying notes and supplemental information, are required. City of Newman will use these documents as the basis of rating Contractors in respect to qualifications to bid on this project. City of Newman reserves the right to check other sources available. City of Newman's decision will be based on objective uniform evaluation criteria. City of Newman reserves the right to adjust, increase, limit, suspend or rescind the pre-qualification rating based on subsequently learned information. Contractors whose rating changes sufficient to disqualify them will be notified, and given an opportunity for a hearing consistent with the hearing procedures described below for appealing a pre- qualification rating. While it is the intent of the pre-qualification questionnaire and documents required therewith to assist City of Newman in determining bidder responsibility prior to bid and to aid City of Newman in selecting the lowest responsible bidder, neither the fact of pre-qualification, nor any pre-qualification rating, will preclude City of Newman from a post-bid consideration and determination of whether a bidder has the quality, fitness, capacity and experience to satisfactorily perform the proposed work, and has demonstrated the requisite trustworthiness. The pre-qualification packages should be submitted under seal and marked "CONFIDENTIAL" to the City of Newman's City Clerk's office located at 1162 Main Street, Newman, CA 95360. The pre-qualification packages (questionnaire answers and financial statements) submitted by Contractors are not public records and are not open to public inspection. All information provided will be kept confidential to the extent permitted by law. However, the contents may be disclosed to third parties for purpose of verification, or investigation of substantial allegations, or in the appeal hearing. State law requires that the names of contractors applying for pre- qualification status shall be public records subject to disclosure, and the first page of the questionnaire will be used for that purpose. Newman Downtown Plaza BIDDER PRE-QUALIFICATION AND APPEAL PROCEDURES RRM Project #1306540 Page 1 Each questionnaire must be signed under penalty of perjury in the manner designated at the end of the form, by an individual who has the legal authority to bind the Contractor on whose behalf that person is signing. If any information provided by a Contractor becomes inaccurate, the Contractor must immediately notify City of Newman and provide updated accurate information in writing, under penalty of perjury. City of Newman reserves the right to waive minor irregularities and omissions in the information contained in the pre- qualification application submitted, to make all final determinations, and to determine at any time that the pre- qualification procedures will not be applied to a specific future public works project. Contractors may submit pre-qualification packages during regular working hours on any day that the offices of City of Newman are open. Contractors who submit a complete pre-qualification package will be notified of their qualification status no later than ten business days after submission of the information. City of Newman may refuse to grant pre-qualification where the requested information and materials are not provided, or not provided by the required date stated above. There is no appeal from a refusal for an incomplete or late application, but re-application for a later project is permitted. The closing time for bids will not be changed in order to accommodate supplementation of incomplete submissions, or late submissions. Appeal Procedure: Where a timely and completed application results in a rating below that necessary to pre-qualify, an appeal can be made. An appeal is begun by the Contractor delivering to the City of Newman's City Clerk's Office notice of its appeal of the decision with respect to its pre-qualification rating, no later than ten business days prior to the closing time for the receipt of bids for this public works project. Without a timely appeal, the Contractor waives any and all rights to challenge the decision of City of Newman, whether by administrative process, judicial process or any other legal process or proceeding. If the Contractor gives the required notice of appeal and requests a hearing, the hearing shall be conducted so that it is concluded no later than five business days after City of Newman's receipt of the notice of appeal, and no later than five business days prior to the last date for the receipt of bids on the project. The hearing shall be an informal process conducted by an outside hearing officer or a hearing panel established by the City Manager (the "Appeals Panel"). At or prior to the hearing, the Contractor will be advised of the basis for the City of Newman's pre-qualification determination. The Contractor will be given the opportunity to present information and present reasons in opposition to the rating. Within one day after the conclusion of the hearing, the Appeals Panel will render its decision. It is the intention of City of Newman that the date for the submission and opening of bids will not be delayed or postponed to allow for completion of an appeal process. Qualification of Subcontractors NOTICE: To contractors who are using subcontractors for this job, please be advised that the City of Newman is requiring qualification of subcontractors in the following crafts or trades, following acceptance of your bid, but before the award is made: a. Concrete Flatwork, b. Brick Masonry Walls and Paving, c. Architectural Steel Fabrication Newman Downtown Plaza BIDDER PRE-QUALIFICATION AND APPEAL PROCEDURES RRM Project #1306540 Page 2 PRE-QUALIFICATION OF CONTRACTORS SEEKING TO BID ON PUBLIC WORKS PROJECTS. 1 TABLE OF CONTENTS PAGE INTRODUCTION AND OVERVIEW OF THE 1999 LAW AND ITS APPLICATION .............................1 1. Important Provisions Of The 1999 Law ........................................................................2 II. Role of the Department of Industrial Relations ...........................................................2 III. An Overview Of The Documents In This Package .....................................................3 IV. Appeal Procedure ..........................................................................................................4 V. Application Of The Public Records Act .......................................................................5 VI. What Are The Law's Provisions Regarding Prequalification Of Subcontractors ................................................................................................................5 MODEL PRE-QUALIFICATION QUESTIONNAIRE .........................................................................6 Contact Information ............................................................................................................7 Part I: Essential Requirements for Qualification .............................................................8 Part II: Organization, History, Organizational Performance, Compliance with Civil and Criminal Laws .......................................................................10 A. Current Organization And Structure Of The Business .......................................10 B. History of The Business And Organizational Performance .................................11 C. Compliance With Occupational Safety And Health Laws And With Other Labor Legislation Safety ............................................................16 Part III. Recent Construction Projects Completed .........................................................19 A LIST OF THE SCORABLE QUESTIONS AND THE SCORING INSTRUCTIONS ............................21 MODEL INTERVIEW QUESTIONS .................................................................................................35 INSTRUCTIONS FOR PUBLIC AGENCIES RE: INTERVIEW QUESTIONS ........................................38 REQUEST FOR PRE-QUALIFICATION OF BIDDERS COMMENCING WITH FORTHCOMING PUBLIC WORK BID ............................................................................................41 ANNOUNCEMENT OF PRE-QUALIFICATION PROCEDURES AND OPEN DATES FOR ANNUAL PRE-QUALIFICATION .....................................................................45 SOURCES FOR VERIFICATION OF INFORMATION GIVEN BY CONTRACTORS .............................49 11 INTRODUCTION AND ZA TIW a .3-13 3' ~T ~ AND ITS APPLICATION I. IMPORTANT PROVISIONS OF THE 1999 LAW In 1999, the Legislature enacted a law that allows many public agencies to require licensed contractors that wish to bid for public works jobs to "pre-qualify" for the right to bid on a specific public works project, or on public works project undertaken by a public agency during a specified period of time. Public Contract Code section 20101 has the relevant provisions; it was enacted as part of Assembly Bill 574. The law applies to all cities, counties, and special districts but does not apply to K-12 school districts (which have similar authority to create pre-qualification procedures, described in Public Contract Code section 20111.5, which was enacted in 1997). The law does not require any public agency to adopt a pre-qualification system. Instead, it authorizes every public agency to adopt a pre-qualification system, and describes certain requirements that must be met (described below), if a public agency chooses to adopt such a system. In fact, the 1999 law allows a public agency to establish two different kinds of pre- qualification procedures for public works projects. The law allows a public agency to establish a pre-qualification procedure linked to a single project (Section 20101 [d]). Or, the public agency may adopt a procedure by which a contractor may qualify to bid on projects which are put out for bid by that agency for a period of one year after the date of initial pre-qualification. (Section 20101 [c]). The law requires every public agency that creates either kind of pre-qualification procedure to: (1) use a "standardized questionnaire and financial statement in a form specified by the public entity"(Section 20101 [a]); (2) adopt and apply a uniform system of rating bidders on objective criteria, on the basis of the completed questionnaires and financial statements (Section 20101 [b]); (3) create an appeal procedure, by which a contractor that is denied pre-qualification may seek a reversal of that determination. (Section 20101 [d]). H. ROLE OF THE DEPARTMENT OF INDUSTRIAL RELATIONS AB 574 required the Department of Industrial Relations (DIR) to "develop model guidelines for rating bidders, and draft the standardized questionnaire." It required DIR to "consult with affected public agencies, cities and counties, the construction industry, the surety industry, and other interested parties." ' Community College Districts also have specific authority to carry out prequalification procedures, in Public Contract Code section 20651.5, enacted in 1998. Community College Districts may also be covered by AB 574, since they are not specifically exempted. From January through October 2000, DIR held a series of meetings in Sacramento with representatives of public agencies and other interested parties. Each meeting was attended by more than 25 representatives of interested parties. All told, more than 60 people participated in at least one such meeting, and most representatives participated in more than one. Contractors, public agencies both large and small, and associations of each were well represented throughout the series of meetings. DIR's initial draft of a questionnaire was revised after each meeting, and each revised draft was discussed at the next meeting, leading to additional revisions. Eventually, there was widespread consensus that the model questionnaire provided in this package offers a system of rating bidders based on objective criteria, and a useful and appropriate series of questions. In addition, DIR, in compliance with the 1999 legislation, created model guidelines for rating bidders. The model rating system also is included in this package. III. AN OVERVIEW OF THE DOCUMENTS IN THIS PACKAGE Included in this package are: 1. A model questionnaire to be sent to contractors. The questionnaire includes spaces for answers to be provided by the contractors, with the forms to be returned to the public agency.2 As required by the legislation, the information provided to the public agency by the contractors, other than the names, addresses and contractor license numbers of the contractors applying - is to be kept confidential 2. A model scoring system, for rating the answers given by the contractors and by the references. Note: the documents provided here by DIR are designed to collect the information that a public agency will need to carry out a pre-qualification procedure, and the DIR has proposed a rating system. Each public agency, however, is free to devise its own "uniform system of rating prospective bidders based on objective criteria." That is, each public agency may determine its own scoring system and its own passing scores for different portions of the questionnaire and for the interviews. 3. A model series of questions to be used by representatives of the public agency when interviewing persons who are identified by contractors as their "references" - owners of projects that have been completed by each contractor in the recent past. 4. DIR's suggestions for procedures to be used for conducting the reference interviews. 5. Two alternative forms: model announcements of pre-qualification procedures. Each is a summary and explanation of the pre-qualification procedure, prepared primarily for licensed contractors, although available for the general public as well. There are two slightly different versions of this document: one explains the pre-qualification procedure linked to a single project,3 z The documents included in this package can be found at the Department of Industrial Relations web site, www.dir.ca.gov. Click on "Data bases." s The explanation included in this document assumes that the prequalification procedure is taking place after the RFP or project announcement is published. A public agency may choose, instead, to have the prequalification while the other explains the procedure of pre-qualification valid for a year and for more than one project. 6. A list of sources of information that may be used by a public agency to verify the accuracy of many of the answers given by the contractors to the questions on the questionnaire.4 IV. APPEAL PROCEDURE Section 20101(d) requires every public agency that requires prospective bidders to prequalify pursuant to this law to establish "a process that will allow prospective bidders to dispute their proposed prequalification rating prior to the closing time for receipt of bids." The appeal process must include written notification by the public agency of the basis for the prospective bidder's disqualification "and any supporting evidence that has been received from others or adduced as a result of an investigation by the public entity." (section 20101[d][I]). The prospective bidder must be given an opportunity to rebut any evidence used as a basis for disqualification and to present evidence to the public entity as to why the prospective bidder should be found qualified." (section 20101[d][2]). The law does not describe the appeal procedure in any additional detail; each public agency is free to adopt its own procedures, as long as the statutory requirements are met. As an example, while Part I of the model questionnaire includes nine "Essential Requirements for Qualification," a public agency may choose to allow contractors to appeal a disqualification based solely on an answer to a question in Part 1. DIR has devised two different schedules for appeal procedures. One schedule would be used in a system for prequalification for a single project. The sequence of steps in this appeal procedure are scheduled to allow for an appeal decision at least four business days prior to the submission for bids for the single project. The other schedule for an appeal is applicable to a system in which prospective bidders seek prequalification valid for one year, without a link to the bidding on a specific project. These two appeal sequences are described in the explanation to contractors (the two documents referred to in paragraph 5, above). Each public agency should be certain that it distributes to licensed contractors only the description that is appropriate for the prequalification procedures that are in use. There are a number of laws and court decisions that affect the nature of an appeal hearing provided by a public agency. Each public agency should consult its own attorneys for advice in this area. procedure start and end prior to the solicitation of bids for the specific project. If that is the case, the public agency would have to modify the document offered here to explain the sequence of events. 4 A CAUTIONARY NOTE: The information that will be given to public agencies by contractors seeking pre- qualification is provided under oath, with the understanding that the intentional providing of false information is, in itself, grounds for disqualification. We expect that the information given should be and will be accepted at face value in most instances. Our list of sources of information available to the public is provided for use in the few instances in which a public agency reviewing the answers given in a questionnaire has specific reason to believe that one or more answers should be verified in this manner. V. APPLICATION OF THE PUBLIC RECORDS ACT AB 574 provides that "The questionnaires and financial statements shall not be public records and shall not be open to public inspection; however, records of the names of contractors applying for prequalification status shall be public records subject to disclosure" under the Public Records Act. (Section 20101 [a]). The model questionnaire forms provided by DIR indicate that the cover page of each questionnaire is a public record, and that all other pages of the questionnaire are not public records. VI. WHAT ARE THE LAW'S PROVISIONS REGARDING PREQUALIFICATION OF SUBCONTRACTORS? Public agencies are not required to pre-qualify sub-contractors, nor are public agencies prohibited from doing so. Section 20101(f) says: Nothing in this section shall preclude the awarding agency from prequalifying or disqualifying a subcontractor. The disqualification by an awarding agency does not disqualify an otherwise prequalified [general] contractor. NT-,, Cla PRE-QUALIFD`A7ZON qUESTT 3, N N A -IR. E CONTACT INFORMATION Firm Name: Check One: ❑ Corporation (as it appears on license) ❑ Partnership ❑ Sole Prop. Contact Person: Address: Phone: Fax: If firm is a sole proprietor or partnership: Owner(s) of Company Contractor's License Number(s): PART I. ESSENTIAL REQUIREMENTS FOR QUALIFICATION Contractor will be immediately disqualified if the answer to any of questions 1 through 5 is "no."5 Contractor will be immediately disqualified if the answer to any of questions 6, 7, 8 or 9 is "yes. ,6 If the answer to question 8 is "yes," and if debarment would be the sole reason for denial of pre-qualification, any pre-qualification issued will exclude the debarment period. Contractor possesses a valid and current California Contractor's license for the project or projects for which it intends to submit a bid. ❑ Yes ❑ No 2. Contractor has a liability insurance policy with a policy limit of at least $1,000,000 per occurrence and $2,000,000 aggregate. ❑ Yes ❑ No 3. Contractor has current workers' compensation insurance policy as required by the Labor Code or is legally self-insured pursuant to Labor Code section 3700 et. seq. ❑ Yes ❑ No F] Contractor is exempt from this requirement, because it has no employees 4. Have you attached your latest copy of a reviewed or audited financial statement with accompanying notes and supplemental information.7 ❑ Yes ❑ No NOTE: A financial statement that is not either reviewed or audited is not acceptable. A letter verifying availability of a line of credit may also be attached; however, it will be considered as supplemental information only, and is not a substitute for the required financial statement. 5. Have you attached a notarized statement from an admitted surety insurer (approved by the California Department of Insurance) and authorized to issue bonds in the State of California, which states: (a) that your current bonding capacity is sufficient for the project for which 5 A "no" answer to Question 4 will not be disqualifying if the contractor is exempt from complying with Question 4, for reasons explained in footnote 7. 6 A contractor disqualified solely because of a "Yes" answer given to question 6, 7, or 9 may appeal the disqualification and provide an explanation of the relevant circumstances during the appeal procedure. 7 Public Contract Code section 20101(e) exempts from this requirement a contractor who has qualified as a small business pursuant to Government Code section 14837(d)(1), if the bid is "no more than 25 per cent of the qualifying amount provided in section 14837(d)(1)." As of January 1, 2001, the qualifying amount is $10 million, and 25 per cent of that amount, therefore, is $2.5 million. you seek pre-qualification if you are seeking pre-qualification for a single project; or (if you are seeking pre-qualification valid for a year) (b) your current available bonding capacity ?8 ❑ Yes ❑ No NOTE: Notarized statement must be from the surety company, not an agent or broker. 6. Has your contractor's license been revoked at any time in the last five years? ❑ Yes ❑ No 7. Has a surety firm completed a contract on your behalf, or paid for completion because your firm was default terminated by the project owner within the last five (5) years? ❑ Yes ❑ No At the time of submitting this pre-qualification form, is your firm ineligible to bid on or be awarded a public works contract, or perform as a subcontractor on a public works contract, pursuant to either Labor Code section 1777.1 or Labor Code section 1777.7? ❑ Yes ❑ No If the answer is "Yes," state the beginning and ending dates of the period of debarment: 9. At any time during the last five years, has your firm, or any of its owners or officers been convicted of a crime involving the awarding of a contract of a government construction project, or the bidding or performance of a government contract? ❑ Yes ❑ No a An additional notarized statement from the surety may be requested by Public Entity at the time of submission of a bid, if this pre-qualification package is submitted more than 60 days prior to submission of the bid. PART II. ORGANIZATION, HISTORY, ORGANIZATIONAL PERFORMANCE, COMPLIANCE WITH CIVIL AND CRIMINAL LAWS A. Current Organization and Structure of the Business For Firms That Are Corporations: I a. Date incorporated : lb. Under the laws of what state: lc. Provide all the following information for each person who is either (a) an officer of the corporation (president, vice president, secretary, treasurer), or (b) the owner of at least ten per cent of the corporation's stock. Name Position Years with Co. % Ownership Social Security # 1 d. Identify every construction firm that any person listed above has been associated with (as owner, general partner, limited partner or officer) at any time during the last five years. NOTE: For this question, "owner" and "partner" refer to ownership of ten per cent or more of the business, or 10 per cent or more of its stock, if the business is a Dates of Person's Participation Person's Name Construction Finn with Firm For Firms That Are Partnerships: I a. Date of formation: lb. Under the laws of what state: lc. Provide all the following information for each partner who owns 10 per cent or more of the firm. Name Position Years with Co. % Ownership Social Security # 10 Id. Identify every construction company that any partner has been associated with (as owner, general partner, limited partner or officer) at any time during the last five years. NOTE: For this question, "owner" and "partner" refer to ownership of ten per cent or more of the business, or ten per cent or more of its stock, if the business is a Dates of Person's Participation Person's Name Construction Company with Company For Firms That Are Sole Proprietorships: I a. Date of commencement of business. lb. Social security number of company owner. 1 c. Identify every construction firm that the business owner has been associated with (as owner, general partner, limited partner or officer) at any time during the last five years. NOTE: For this question, "owner" and "partner" refer to ownership of ten per cent or more of the business, or ten per cent or more of its stock, if the business is a corporation. Dates of Person's Participation Person's Name Construction Company with Company For Firms That Intend to Make a Bid as Part of a Joint Venture: Ia. Date of commencement of joint venture. lb. Provide all of the following information for each firm that is a member of the joint venture that expects to bid on one or more projects: Name of firm % Ownership of Joint Venture B. History of the Business and Organizational Performance 2. Has there been any change in ownership of the firm at any time during the last three years? NOTE: A corporation whose shares are publicly traded is not required to answer this question. 11 ❑ Yes ❑ No If "yes," explain on a separate signed page. 3. Is the firm a subsidiary, parent, holding company or affiliate of another construction firm? NOTE: Include information about other firms if one firm owns 50 per cent or more of another, or if an owner, partner, or officer of your firm holds a similar position in another firm. ❑ Yes ❑ No If "yes," explain on a separate signed page. 4. Are any corporate officers, partners or owners connected to any other construction firms. NOTE: Include information about other firms if an owner, partner, or officer of your firm holds a similar position in another firm. ❑ Yes ❑ No If "yes," explain on a separate signed page. State your firm's gross revenues for each of the last three years: 6. How many years has your organization been in business in California as a contractor under your present business name and license number? years 7. Is your firm currently the debtor in a bankruptcy case? ❑ Yes ❑ No If "yes," please attach a copy of the bankruptcy petition, showing the case number, and the date on which the petition was filed. 8. Was your firm in bankruptcy at any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to question 7, above) ❑ Yes ❑ No If "yes," please attach a copy of the bankruptcy petition, showing the case number and the date on which the petition was filed, and a copy of the Bankruptcy Court's discharge order, or of any other document that ended the case, if no discharge order was issued. Licenses 9. List all California construction license numbers, classifications and expiration dates of the California contractor licenses held by your firm: 12 10. If any of your firm's license(s) are held in the name of a corporation or partnership, list below the names of the qualifying individual(s) listed on the CSLB records who meet(s) the experience and examination requirements for each license. 11. Has your firm changed names or license number in the past five years? ❑ Yes ❑ No If "yes," explain on a separate signed page, including the reason for the change. 12. Has any owner, partner or (for corporations:) officer of your firm operated a construction firm under any other name in the last five years? ❑ Yes ❑ No If "yes," explain on a separate signed page, including the reason for the change. 13. Has any CSLB license held by your firm or its Responsible Managing Employee (RME) or Responsible Managing Officer (RMO) been suspended within the last five years? ❑ Yes ❑ No If "yes," please explain on a separate signed sheet. Disputes 14. At any time in the last five years has your firm been assessed and paid liquidated damages after completion of a project under a construction contract with either a public or private owner? ❑ Yes 0 No If yes, explain on a separate signed page, identifying all such projects by owner, owner's address, the date of completion of the project, amount of liquidated damages assessed and all other information necessary to fully explain the assessment of liquidated damages. 15. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason? NOTE: "Associated with" refers to another construction firm in which an owner, partner or officer of your firm held a similar position, and which is listed in response to question Ic or Id on this form. ❑ Yes ❑ No If "yes," explain on a separate signed page. State whether the firm involved was the firm applying for pre-qualification here or another firm. Identify by name of the company, the naive of the person within your firm who was associated with that company, the year of the event, the owner of the project, the project and the basis for the action. 16. In the last five years has your firm been denied an award of a public works contract based on a finding by a public agency that your company was not a responsible bidder? 13 ❑ Yes ❑ No If "yes," explain on a separate signed page. Identify the year of the event, the owner, the project and the basis for the finding by the public agency. 'iC ~C ~ X 7C NOTE: The following two questions refer only to disputes between your firm and the owner of a project. You need not include information about disputes between your firm and a supplier, another contractor, or subcontractor. You need not include information about "pass-through" disputes in which the actual dispute is between a sub-contractor and a project owner. Also, you may omit reference to all disputes about amounts of less than $50,000. 17. In the past five years has any claim against your firm concerning your firm's work on a construction project been filed in court or arbitration? ❑ Yes ❑ No If "yes," on separate signed sheets of paper identify the claim(s) by providing the project name, date of the claim, name of the claimant, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution). 18. In the past five years has your firm made any claim against a project owner concerning work on a project or payment for a contract and filed that claim in court or arbitration? ❑ Yes ❑ No If "yes," on separate signed sheets of paper identify the claim by providing the project name, date of the claim, name of the entity (or entities) against whom the claim was filed, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending, or if resolved, a brief description of the resolution). 19. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf, in connection with a construction project, either public or private? ❑ Yes ❑ No If "yes," explain on a separate signed page the amount of each such claim, the name and telephone number of the claimant, the date of the claim, the grounds for the claim, the present status of the claim, the date of resolution of such claim if resolved, the method by which such was resolved if resolved, the nature of the resolution and the amount, if any, at which the claim was resolved. 20. In the last five years has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? ❑ Yes ❑ No 14 If "yes," explain on a separate signed page. Name the insurance carrier, the form of insurance and the year of the refusal. Criminal Matters and Related Civil Suits 21. Has your firm or any of its owners, officers or partners ever been found liable in a civil suit or found guilty in a criminal action for making any false claim or material misrepresentation to any public agency or entity? ❑ Yes ❑ No If "yes," explain on a separate signed page, including identifying who was involved, the name of the public agency, the date of the investigation and the grounds for the finding. 22. Has your firm or any of its owners, officers or partners ever been convicted of a crime involving any federal, state, or local law related to construction? ❑ Yes ❑ No If "yes," explain on a separate signed page, including identifying who was involved, the name of the public agency, the date of the conviction and the grounds for the conviction. 23. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? ❑ Yes ❑ No If "yes," identify on a separate signed page the person or persons convicted, the court (the county if a state court, the district or location of the federal court), the year and the criminal conduct. Bonding 24. Bonding capacity: Provide documentation from your surety identifying the following: Name of bonding company/surety: Name of surety agent, address and telephone number: 25. If your firm was required to pay a premium of more than one per cent for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your fine was required to pay. You may provide an explanation for a percentage rate higher than one per cent, if you wish to do so. 15 26. List all other sureties (name and full address) that have written bonds for your Finn during the last five years, including the dates during which each wrote the bonds: 27. During the last five years, has your firm ever been denied bond coverage by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a public construction project when one was required? ❑ Yes ❑ No If yes, provide details on a separate signed sheet indicating the date when your firm was denied coverage and the name of the company or companies which denied coverage; and the period during which you had no surety bond in place. C. Compliance With Occupational Safety and Health Laws and with Other Labor Legislation Safety 28. Has CAL OSHA cited and assessed penalties against your firm for any "serious," "willful" or "repeat" violations of its safety or health regulations in the past five years? NOTE: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it. ❑ Yes ❑ No If "yes," attached a separate signed page describing the citations, including information about the dates of the citations, the nature of the violation, the project on which the citation(s) was or were issued, the amount of penalty paid, if any. If the citation was appealed to the Occupational Safety and Health Appeals Board and a decision has been issued, state the case number and the date of the decision. 29. Has the federal Occupational Safety and Health Administration cited and assessed penalties against your firm in the past five years? NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation. ❑ Yes ❑ No If "yes," attach a separate signed page describing each citation. 30. Has the EPA or any Air Quality Management District or any Regional Water Quality Control Board cited and assessed penalties against either your firm or the owner of a project on which your firm was the contractor, in the past five years? 16 NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation. ❑ Yes ❑ No If "yes," attach a separate signed page describing each citation. 31. How often do you require documented safety meetings to be held for construction employees and field supervisors during the course of a project? 32. List your firm's Experience Modification Rate (EMR) (California workers' compensation insurance) for each of the past three premium years: NOTE: An Experience Modification Rate is issued to your firm annually by your workers' compensation insurance carrier. Current year: Previous year: Year prior to previous year: If your EMR for any of these three years is or was 1.00 or higher you may, if you wish, attach a letter of explanation. 33. Within the last five years has there ever been a period when your firm had employees but was without workers' compensation insurance or state-approved self-insurance? ❑ Yes ❑ No If "yes," please explain the reason for the absence of workers' compensation insurance on a separate signed page. If "No," please provide a statement by your current workers' compensation insurance carrier that verifies periods of workers' compensation insurance coverage for the last five years. (If your firm has been in the construction business for less than five years, provide a statement by your workers' compensation insurance carrier verifying continuous workers' compensation insurance coverage for the period that your finn has been in the construction business.) Prevailing Wage and Apprenticeship Compliance Record 34. Has there been more than one occasion during the last five years in which your firm was required to pay either back wages or penalties for your own firm's failure to comply with the state's prevailing wage laws? NOTE: This question refers only to your own firm's violation of prevailing wage laws, not to violations of the prevailing wage laws by a subcontractor. ❑ Yes ❑ No 17 If "yes," attach a separate signed page or pages, describing the nature of each violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid and the amount of back wages and penalties that you were required to pay. 35. During the last five years, has there been more than one occasion in which your own firm has been penalized or required to pay back wages for failure to comply with the federal Davis-Bacon prevailing wage requirements? ❑ Yes ❑ No If "yes," attach a separate signed page or pages describing the nature of the violation, identifying the name of the project, the date of its completion, the public agency for which it was constructed; the number of employees who were initially underpaid, the amount of back wages you were required to pay along with the amount of any penalty paid. 36. Provide the name, address and telephone number of the apprenticeship program (approved by the California Apprenticeship Council) from whom you intend to request the dispatch of apprentices to your company for use on any public work project for which you are awarded a contract by [Public Entity]. 37. If your firm operates its own State-approved apprenticeship program: (a) Identify the craft or crafts in which your firm provided apprenticeship training in the past year. (b) State the year in which each such apprenticeship program was approved, and attach evidence of the most recent California Apprenticeship Council approval(s) of your apprenticeship program(s). (c) State the number of individuals who were employed by your firm as apprentices at any time during the past three years in each apprenticeship and the number of persons who, during the past three years, completed apprenticeships in each craft while employed by your firm. 18 38. At any time during the last five years, has your firm been found to have violated any provision of California apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public works? NOTE: You may omit reference to any incident that occurred prior to January 1, 1998, if the violation was by a subcontractor and your firm, as general contractor on a project, had no knowledge of the subcontractor's violation at the time they occurred. ❑ Yes ❑ No If "yes," provide the date(s) of such findings, and attach copies of the Department's final decision(s). PART III. RECENT CONSTRUCTION PROJECTS COMPLETED 39. Contractor shall provide information about its six most recently completed public works projects and its three largest completed private projects within the last three years.9 Names and references must be current and verifiable. Use separate sheets of paper that contain all of the following information: Project Name: Location: Owner: Owner Contact (name and current phone number): Architect or Engineer: Architect or Engineer Contact (name and current phone number): Construction Manager (naive and current phone number): 9 If you wish, you may, using the same format, also provide information about other projects that you have completed that are similar to the project(s) for which you expect to bid. 19 Description of Project, Scope of Work Performed: Total Value of Construction (including change orders): Original Scheduled Completion Date: Time Extensions Granted (number of days): Actual Date of Completion: I, the undersigned, certify and declare that I have read all the foregoing answers to this prequalification questionnaire and know their contents. The matters stated in the questionnaire answers are true of my own knowledge and belief, except as to those matters stated on information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California, that the foregoing is correct. Dated: (Name) 20 A LIST C, -T-,L7 THE SCCT-[~-ABLE (~Z JE 7 TkISTRUCTIONS 21 A LIST OFT SCO LE QUESTIONS AND THE SCORING INSTRUCTIONS The scorable questions arise in three different areas: (I) History of the business and organizational performance; (II) Compliance with occupational safety and health laws, workers' compensation and other labor legislation; and (III) Completion of recent projects and quality of performance. The interview questions (interviews by the public agency of project managers on projects completed recently by the contractor) are included in group III. In a pre-qualification procedure for a single project, this last category would also include a scoring of the number of recently completed projects that are similar to the project on which pre- qualification is at issue. However, scoring linked to the similarity of past projects would probably not be possible or useful if the public agency as part of a procedure to pre- qualify contractors for an extended period. Note: Not all questions in the questionnaire are scorable; some questions simply ask for information about the contractor firm's structure, officers and history. This document includes only those questions that are "scorable." The question numbers in this document are the numbers used in the questionnaire. Thus, the questions included here begin with question number 6, and there are a few breaks in the numerical sequence. The Scores Needed for Prequalification To prequalify, a contractor would be required to have a passing grade within each of the three large categories referred to above. For Section I, "History of the business and organizational performance," DIR recommends use of a passing score of 57 on this portion of the questionnaire (of a maximum score of 76 on this portion of the questionnaire). For Section II, Compliance with occupational safety and health laws, workers' compensation and other labor legislation DIR recommends use of a passing score of 38 on this portion of the questionnaire (of a maximum score of 53 points on this portion of the questionnaire). Section III, Completion of recent projects and qualit~of performance, includes a series of interview questions, and may also include questions about recently completed (public or private) construction projects. For the interview questions, DIR recommends that a public agency interview project managers for the owners of two completed projects. DIR recommends a scoring system that would allow a maximum score of 120 points for each interview. For these questions, DIR recommends qualification for a contractor whose score on each of two interviews is 72 points or more; a denial of pre-qualification 22 for a contractor whose score on either interview is less than 55 points; and an additional interview with another reference if the score resulting from one interview is between 55 points and 72 points. DIR makes no recommendation about how to score a contractor's answers about recently completed past projects. Because of the wide range of projects that a public agency may be planning, and the similarly wide range in the skills, abilities, and experience that a public agency will consider most important for a pending project, it is impossible to propose a useful model scoring system to apply to the answers given about a contractor's completed projects. Questions about History of the Business and Organizational Performance (16 questions) 1. How many years has your organization been in business in California as a contractor under your present business naive and license number? years 3 years or more = 2 points 4 years = 3 points 5 years = 4 pts. 6 years or more = 5 points 2. Is your firm currently the debtor in a bankruptcy case? Yes ❑ No "No" = 3 points" "Yes" = 0 points 3. Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to question 7, above). ❑ Yes ❑ No "No" = 3 points" "Yes" = 0 points 4. Has any CSLB license held by your firm or its Responsible Managing Employee (RME) or Responsible Managing Officer (RMO) been suspended within the last five years? ❑ Yes ❑ No No = 5 points Yes = 0 points 23 5. At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a construction contract with either a public or private owner? ❑ Yes ❑ No No projects with liquidated damages of more than $50,000, or one project with liquidated damages = 5 points. Two projects with liquidated damages of more than $50,000 = 3 points Any other answer: no points 6. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason? NOTE: "Associated with" refers to another construction firm in which an owner, partner or officer of your firm held a similar position, and which is listed in response to question lc or Id on this form. ❑ Yes ❑ No No = 5 points Yes = O points 7. In the last five years, has your firm been denied an award of a public works contract based on a finding by a public agency that your company was not a responsible bidder? ❑ Yes ❑ No No = 5 points Yes = 0 points SC Y NOTE: The following two questions refer only to disputes between your firm and the owner of a project. You need not include information about disputes between your firm and a supplier, another contractor, or subcontractor. You need not include information about "pass-through" disputes in which the actual dispute is between a sub-contractor and a project owner. Also, you may omit reference to all disputes about amounts of less than $50,000. 24 In the past five years, has any claim against your firm concerning your firm's work on a construction project, been filed in court or arbitration? ❑ Yes ❑ No If the firm's average gross revenue for the last three years was less than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating I such instance. 3 points for "Yes" indicating 2 such instances. 0 points for "Yes" if more than 2 such instances. If your firm's average gross revenue for the last three years was more than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating 1, 2, or 3 such instances. 3 points for "Yes" indicating either 4 or 5 such instances. 0 points for "Yes" if more than 5 such instances. 9. In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim in court or arbitration? ❑ Yes ❑ No If your firm's average gross revenues for the last three years was less than $50 million scoring is as follows: 5 points for either "No" or "Yes" indicating I such instance. 3 points for "Yes" indicating 2 such instances. 0 points for "Yes" if more than 2 such instances. If your farm's average gross revenues for the last three years was more than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating 1, 2, or 3 such instances. 3 points for "Yes" indicating either 4 or 5 such instances. 0 points for "Yes" if more than 5 such instances. 25 10. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf in connection with a construction project, either public or private? ❑ Yes ❑ No 5 points for either "No" or "Yes" indicating I such claim. 3 points for "Yes" indicating no more than 2 such claims Subtract five points for "Yes" if more than 2 such claims 11. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? ❑ Yes ❑ No 5 points for either "No" or "Yes" indicating I such instance. 3 points for "Yes" indicating 2 such instances. 0 points for "Yes" or if more than 2 such instances. 12. Has your firm, or any of its owners, officers, or partners ever been found liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any public agency or entity? ❑ Yes ❑ No No = 5 points Yes= subtract 5 points 13. Has your firm, or any of its owners, officers or partners ever been convicted of a crime involving any federal, state, or local law related to construction? ❑ Yes ❑ No No = 5 points Yes= subtract 5 points 14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? ❑ Yes ❑ No No = 5 points Yes= subtract 5 points 26 15. If your firm was required to pay a premium of more than one per cent for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one per cent, if you wish to do so. 5 points if the rate is no more than one per cent 3 points if the rate was no higher than 1.10 per cent. 0 points for any other answer. 16. During the last five years, has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a public construction project when one was required? ❑ Yes ❑ No No = 5 points Yes = 0 points Questions about compliance with safety, workers compensation, prevailing wage and apprenticeship laws. (11 questions) Has CAL OSHA cited and assessed penalties against your firm for any "serious," "willful" or "repeat" violations of its safety or health regulations in the past five years? Note: If you have filed an appeal of a citation and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it. Yes ❑ No If the firm's average gross revenues for the last three years was less than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating I such instance. 3 points for "Yes" indicating 2 such instances. 0 points for "Yes" if more than 2 such instances. If the firm's average gross revenues for the last three years was more than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating 1, 2, or 3 such instances. 3 points for "Yes" indicating either 4 or 5 such instances. 0 points for "Yes" if more than 5 such instances. 27 2. Has the federal Occupational Safety and Health Administration cited and assessed penalties against your firm in the past five years? Note: If you have filed an appeal of a citation and the appropriate appeals Board has not yet ruled on your appeal, you need not include information about it. ❑ Yes ❑ No If yes, attach a separate signed page describing each citation. If the firm's average gross revenues for the last three years was less than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating I such instance. 3 points for "Yes" indicating 2 such instances. 0 points for "Yes" or if more than 2 such instances. If the firm's average gross revenues for the last three years was more than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating 1, 2, or 3 such instances. 3 points for "Yes" indicating either 4 or 5 such instances. 0 points for "Yes" if more than 5 such instances. Has the EPA or any Air Quality Management District or any Regional Water Quality Control Board cited and assessed penalties against either your firm or the owner of a project on which your firm was the contractor, in the past five years? NO'T'E: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation. ❑ Yes ❑ No If the firm's average gross revenues for the last three years was less than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating I such instance. 3 points for "Yes" indicating 2 such instances. 0 points for "Yes" or if more than 2 such instances. If the firm's average gross revenues for the last three years was more than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating 1, 2, or 3 such instances. 3 points for "Yes" indicating either 4 or 5 such instances. 0 points for "Yes" if more than 5 such instances. 28 4. How often do you require documented safety meetings to be held for construction employees and field supervisors during the course of a project? 3 points for an answer of once each week or more often. 0 points for any other answer List your firm's Experience Modification Rate (EMR) (California workers' compensation insurance) for each of the past three premium years: NOTE: An Experience Modification Rate is issued to your firm annually by your workers' compensation insurance carrier. Current year: _ Previous year: Year prior to previous year: If your EMR for any of these three years is or was 1.00 or higher, you may, if you wish, attach a letter of explanation. NOTE: An Experience Modification Rate is issued to your firm annually by your workers' compensation insurance carrier. 5 points for three-year average EMR of .95 or less 3 points for three-year average of EMR of more than .95 but no more than 1.00 0 points for any other EMR 6. Within the last five years, has there ever been a period when your firm had employees but was without workers' compensation insurance or state-approved self-insurance? ❑ Yes ❑ No 5 points for either "No" or "Yes" indicating I such instance. 0 points for any other answer. 29 7. Has there been more than one occasion during the last five years on which your firm was required to pay either back wages or penalties for your own firm's failure to comply with the state's prevailing wage laws? ❑ Yes ❑ No NOTE: This question refers only to your own firm's violation of prevailing wage laws, not to violations of the prevailing wage laws by a subcontractor. If your firm's average gross revenues for the last three years was less than $50 million, scoring is as follows: 5 points for either "No," or "Yes" indicating either I or 2 such instance. 3 points for "Yes" indicating 3 such instances. 0 points for "Yes" and more than 3 such instances. If your firm's average gross revenues for the last three years was more than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating no more than 4 such instances. 3 points for "Yes" indicating either 5 or 6 such instances. 0 points for "Yes" and more than 6 such instances. During the last five years, has there been more than one occasion on which your own firm has been penalized or required to pay back wages for failure to comply with the federal Davis-Bacon prevailing wage requirements? ❑ Yes ❑ No If your firm's average gross revenues for the last three years was less than $50 million, scoring is as follows: 5 points for either "No," or "Yes" indicating either 1 or 2 such instance. 3 points for "Yes" indicating 3 such instances. 0 points for "Yes" and more than 3 such instances. If your firm's average gross revenues for the last three years was more than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating no more than 4 such instances. 3 points for "Yes" indicating either 5 or 6 such instances. 0 points for "Yes" and more than 6 such instances. 30 9. Provide the name, address and telephone number of the apprenticeship program sponsor(s) (approved by the California Division of Apprenticeship Standards) that will provide apprentices to your company for use on any public work project for which you are awarded a contract by [Public Entity]. S points if at least one approved apprenticeship program is listed 0 points for any other answer. 10. If your firm operates its own State-approved apprenticeship program: (a) Identify the craft or crafts in which your firm provided apprenticeship training in the past year. (b) State the year in which each such apprenticeship program was approved, and attach evidence of the most recent California Apprenticeship Council approval(s) of your apprenticeship program(s). (c) State the number of individuals who were employed by your firm as apprentices at any time during the past three years in each apprenticeship and the number of persons who, during the past three years, completed apprenticeships in each craft while employed by your firm. 5 points if one or more persons completed an approved apprenticeship while employed by your firm. 0 points if no persons completed an approved apprenticeship while employer by your firm. 31 11. At any time during the last five years, has your firm been found to have violated any provision of California apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public works? NOTE: You may omit reference to any incident that occurred prior to January 1, 1998 if the violation was by a subcontractor and your firm, as general contractor on a project, had no knowledge of the subcontractor's violation at the time they occurred. ❑ Yes ❑ No. If yes, provide the date(s) of such findings, and attach copies of the Department's final decision(s). If your firm's average gross revenues for the last three years was less than $50 million, scoring is as follows: 5 points for either "No," or "Yes" indicating either I or Z such instance. 3 points for "Yes" indicating 3 such instances. 0 points for "Yes" and more than 3 such instances. If your firm's average gross revenues for the last three years was more than $50 million, scoring is as follows: 5 points for either "No" or "Yes" indicating no more than 4 such instances. 3 points for "Yes" indicating either 5 or 6 such instances. 0 points for "Yes" and more than 6 such instances. 32 Questions concerning recent construction projects completed: (one question, plus 11 interview questions) The following question to be scored only where a public agency is undertaking a pre- qualification procedure valid for a single project only. Contractor shall provide information about its six most recently completed public works projects and its three largest completed private projects within the last three years. 10 Names and references must be current and verifiable. Use separate sheets of paper that contain all of the following information: Project Name: Location: Owner: Owner Contact (name and current phone number): Architect or Engineer: Architect or Engineer Contact (name and current phone number): Construction Manager (name and current phone number): Description of Project, Scope of Work Performed: Total Value of Construction (including change orders): Original Scheduled Completion Date: Time Extensions Granted (number of days): Actual Date of Completion: ]~C ~C YG JC JC 10 If you wish, you may, using the same format, also provide information about other projects that you have completed that are similar to the project(s) for which you expect to bid. 33 Scoring of previous projects completed: For pre-qualification for a single project that may require specific skills and capabilities, public agencies may choose to score contractors for the number of similar projects completed, and the degree of similarity between past projects and the planned project. DIR has not suggested any scoring for this aspect of the pre-qualification process, because of the numerous possible variations in both the type of project to be built and the points of similarity between the pending project and past projects that may be significant to the public agency. 34 MODEL QUES77LO, 35 MODEL INTERVIEW QUESTIONS The following questions will be used to interview randomly selected contacts from at least two completed projects. [Public Entity] will conduct the interviews. No action on the contractor's part is necessary. These questions are included on the package given to the contractor for information only. The highest possible score is 120 Points. A score less than 55 points disqualifies a contractor from bidding on projects that are proposed by [Public Entity]. A score of between 56 and 72 indicates the Public Entity should conduct an interview of another contact, that is, a manager of another completed project. A score of 72 or higher on each of two interviews is sufficient for pre-qualification. First, please give a brief description of the project. Are there any outstanding stop notices, liens, or claims by the contractor that are currently unresolved on contracts for which notices of completion were recorded more than 120 days ago? (1 point for each is deducted from overall score; maximum amount to be deducted is 5 points) 2. On a scale of 1-10, with 10 being the best, did the contractor provide adequate personnel? (Max. 10 points) 3. On a scale of 1-10, with 10 being the best, did the contractor provide adequate supervision? (Max. 10 points) 4. On a scale of 1-10, with 10 being the best, was there adequate equipment provided on the job? (Max. 10 points) 5. On a scale of 1-10, with 10 being the best, was the contractor timely in providing reports and other paperwork, including change order paperwork and scheduling updates? (Max. 10 points) 6. On a scale of 1-10, with 10 being the best, did the contractor adhere to the project schedule that your [agency] [business] approved? (Max. 10 points) 7. Was the project completed on time? (10 points if the answer is "Yes"). Or, if the answer is "no," on a scale of 1-10 with 10 being the best, to what extent was the contractor responsible for the delay in completion? On a scale of 1-10, with 10 being the best, rate the contractor on the timely submission of reasonable cost and time estimates to perform change order work. (Max. 10 points) 36 9. On a scale of 1-10, with 10 being the best, rate the contractor on how well the contractor performed the work after a change order was issued, and how well the contractor integrated the change order work into the existing work. (Max. 10 points). 10. On a scale of 1-10, with 10 being the best, rate how has the contractor been performing in the area of turning in Operation & Maintenance manuals, completing as-built drawings, providing required training and taking care of warranty items? (Max. 10 points) 11. On a scale of 1-10, with 10 being the best, rate the contractor on whether there were an unusually high number of claims, given the nature of the project, or unusual difficulty in resolving them. (Max. 10 points) 12. On a scale of 1-10, with 10 being the highest, rate the contractor with respect to timely payments by the contractor to either subcontractors or suppliers. (If the person being interviewed knows of no such difficulties, the score on this question should be "10.") 13. On a scale of 1-10, with 10 being the best, how would you rate the quality of the work overall? (Max. 10 points) 37 71"ISTRUCTIONs FOR 7VBLIC TT~TTERVIEW QUESTLj'(CNS 38 INSTRUCTIONS FOR PUBLIC AGENCIES Re: Interview Questions The following is meant to assist the public agency to conduct the interviews of the managers of projects previously completed (that is, the people who supervised the projects for the proL owners by the contractor wishing to pre-qualify. The interview questions allow qualitative review of work performance for contractors who choose to bid and pre-qualify for public works contracts. The interview questions will be used to examine randomly selected contacts from at least two completed past projects. In each question, the person being interviewed is asked to rate a certain aspect of contractor's performance, using a scale of 1 to 10. The highest possible score is 120 points. A score of less than 55 points disqualifies the contractor from bidding on projects that are proposed by the public agency. A score of 72 points or more on each interview is sufficient for a contractor to qualify on this portion of the prequalification process. If the scores resulting from an interview are between 55 and 72, the public agency should conduct another interview to collect additional information. It is possible that the score given to any interview answer may be challenged in an appeal. For that reason, be sure to: (a) ask the person being interviewed for specific information or details, to explain or substantiate the numerical answer given; and (b) take written notes of the information provided. Selection of the Interviewer: (a) The public agency should select an individual who is at least moderately well informed about public works construction. (b) The individual should be unbiased during the interview; this is to ensure accurate implementation of the interview questions. (c) The individual should not use examples or deviate from the questions unless the project manager is unclear and prompts further explanation. The interviewer should offer additional explanation of the questions only if he/she is sure of the intent of the question in the interview. Locating the respondent to interview: (a) The interviewer should attempt to contact a project manager of a past project for the interview. The interviewer should be aware that for one interview to be completed, there may be a need to interview multiple individuals. That is, the interviewer may have to contact multiple individuals, such as the project manager concerning the building process, and a financial manager for warranty items, assessed liens, and the like. (b) Once reached, the interviewer should review the information contained in the questionnaire of the past project with the project manager. That is, review who is being interviewed and why (purposes of pre-qualifying for public works), the past project type, completion date, and other pertinent information to ensure that the project manager is sure of the project he/she is asked to review. 39 Interview Length: (a) The interview should take 8-12 minutes, under normal circumstances. (b) The interviewer, when contacting the project manager, should convey the expected time which it takes to conduct the interview. This is to ensure the individual is not discouraged from taking part in the interview Conducting the interviews: (a) The interview should examine at least two separate past projects listed in the questionnaire. (b) After the interview is scored, the interviewer should compare the interview score with the same contractor's score on the written questionnaire. If the ratings (overall scores) are far apart, the interviewer should conduct at least one/two more interviews to determine how past performance should be weighted. (c) While conducting the interview, the interviewer should be consistent with the way the questions are presented. That is, if the interviewer changes the way questions are presented during the review, it could potentially change the way the respondent answers the questions and jeopardize the overall scoring. 40 PRE-QUALIFICATION ' .LC ISL:D:EERS COMMEPST(I]f~`ING WIT1H_j IFORTIFFCOMING T?UBLIC 7 3Z1D 41 REQUEST FOR PRE-QUALIFICATION OF BIDDERS COMMENCING WITH FORTHCOMING PUBLIC WORK BID [Pre-qualification procedure begun at the same time as RFP] Notice is hereby given that [Public Entity] has determined that all bidders on [Name of specific project] to be undertaken by the [Public Entity] must be pre-qualified prior to submitting a bid on that project. It is mandatory that all Contractors who intend to submit a bid, fully complete the pre- qualification questionnaire, provide all materials requested herein, and be approved by [Public Entity] to be on the final qualified Bidders list. No bid will be accepted from a Contractor that has failed to comply with these requirements. If two or more business entities submit a bid as part of a Joint Venture, or expect to submit a bid as part of a Joint Venture, each entity within the Joint Venture must be separately qualified to bid. The last date to submit a fully completed questionnaire is mm/dd/yy. [35 days prior to the bid closing date]. Contractors are encouraged to submit pre qualification packages as soon as possible, so that they may be notified of omissions of information to be remedied or of their pre-qualification status well in advance of the bid advertisement for this project. Answers to questions contained in the attached questionnaire, information about current bonding capacity, notarized statement from surety, and the most recent reviewed or audited financial statements, with accompanying notes and supplemental information, are required. [Public Entity] will use these documents as the basis of rating Contractors in respect to the. size and scope of contracts upon which each Contractor is qualified to bid. [Public Entity] reserves the right to check other sources available. [Public Entity's] decision will be based on objective evaluation criteria. [Public Entity] reserves the right to adjust, increase, limit, suspend or rescind the pre-qualification rating based on subsequently learned information. Contractors whose rating changes sufficient to disqualify them will be notified, and given an opportunity for a hearing consistent with the hearing procedures described below for appealing a pre-qualification rating. While it is the intent of the pre-qualification questionnaire and documents required therewith to assist [Public Entity] in determining bidder responsibility prior to bid and to aid [Public Entity] in selecting the lowest responsible bidder, neither the fact of pre-qualification, nor any pre- qualification rating, will preclude [Public Entity] from a post-bid consideration and determination of whether a bidder has the quality, fitness, capacity and experience to satisfactorily perform the proposed work, and has demonstrated the requisite trustworthiness. The pre-qualification packages should be submitted under seal and marked "CONFIDENTIAL" to [address]. The pre-qualification packages (questionnaire answers and financial statements) submitted by Contractors are not public records and are not open to public inspection. All information provided will be kept confidential to the extent permitted by law. However, the contents may be disclosed to third parties for purpose of verification, or investigation of substantial allegations, or in the appeal hearing. State law requires that the names of contractors applying for pre-qualification status shall be public records subject to disclosure, and the first page of the questionnaire will be used for that purpose. 42 Each questionnaire must be signed under penalty of perjury in the manner designated at the end of the form, by an individual who has the legal authority to bind the Contractor on whose behalf that person is signing. If any information provided by a Contractor becomes inaccurate, the Contractor must immediately notify [Public Entity] and provide updated accurate information in writing, under penalty of perjury. [Public Entity] reserves the right to waive minor irregularities and omissions in the information contained in the pre-qualification application submitted, to make all final determinations, and to determine at any time that the pre-qualification procedures will not be applied to a specific future public works project. Contractors may submit pre-qualification packages during regular working hours on any day that the offices of Public Entity are open. Contractors who submit a complete pre-qualification package will be notified of their qualification status no later than ten business days after submission of the information. [Public Entity] may refuse to grant pre-qualification where the requested information and materials are not provided, or not provided by mm/dd/yy [date specified in first paragraph - 35 days before bid closing] There is no appeal from a refusal for an incomplete or late application, but re- application for a later project is permitted. The closing time for bids will not be changed in order to accommodate supplementation of incomplete submissions, or late submissions. Where a timely and completed application results in a rating below that necessary to pre-qualify, an appeal can be made. An appeal is begun by the Contractor delivering notice to [Public Entity] of its appeal of the decision with respect to its pre-qualification rating, no later than ten business days prior to the closing time for the receipt of bids for this public works project. Without a timely appeal, the Contractor waives any and all rights to challenge the decision of [Public Entity], whether by administrative process, judicial process or any other legal process or proceeding. If the Contractor gives the required notice of appeal and requests a hearing, the hearing shall be conducted so that it is concluded no later than five business days after Public Entity's receipt of the notice of appeal, and no later than five business days prior to the last date for the receipt of bids on the project. The hearing shall be an informal process conducted by a panel to whom the [governing body of Public Entity] has delegated responsibility to hear such appeals (the "Appeals Panel"). At or prior to the hearing, the Contractor will be advised of the basis for [Public Entity's] pre- qualification determination. The Contractor will be given the opportunity to present information and present reasons in opposition to the rating. Within one day after the conclusion of the hearing, the Appeals Panel will render its decision. It is the intention of [Public Entity] that the date for the submission and opening of bids will not be delayed or postponed to allow for completion of an appeal process. Note: A contractor may be found not pre-qualified for bidding on a specific public works contract to be let by Public Entity, or on all contracts to be let by Public Entity until the contractor meets Public Entity's requirements. In addition, a contractor may be found not pre-qualified for either: (1) Omission of requested information or 43 (2) Falsification of information NOTICE: To contractors who are using subcontractors for this job, please be advised that Public Entity may require, as to subcontractors, one of the following: ❑ The qualification of subcontractors in the following crafts or trades, following acceptance of your bid, but before the award is made: ❑ Pre-qualification of all subcontractors. ❑ Pre-qualification of subcontractors in certain crafts. ❑ Post-bid qualification review. 44 ANNO-uNCEMENT C7 7 t V~ CATIC N AND OPEN !:)ATEs FOR ,ik,,NNUAL 45 ANNOUNCEMENT OF PRE-QUALIFICATION PROCECURES AND OPEN RATES FOR ANNUAL PRE-QUALIFICATION Notice is hereby given that on , 2000, the [Public Entity] determined that all bidders on public works to be undertaken by the [Public Entity] must be pre-qualified prior to submitting bids for public works. It is mandatory that all Licensed Contractors who intend to submit bids fully complete the pre-qualification questionnaire, provide all materials requested herein, and be approved by [Public Entity] to be on the final Bidders list. No bid will be accepted from a Contractor that has failed to comply with these requirements. If two or more business entities submit a bid on a project as a Joint Venture, or expect to submit a bid as part of a Joint Venture, each entity within the Joint Venture must be separately qualified to bid. Pre-qualification applications may be submitted four times each year: (1) from January I through January 10; (2) from April 1 through April 10; (3) from July 1 through July 10; and (4) from October 1 through October 10. Contractors who submit a complete pre-qualification package will be notified by first class mail of their qualification status, such notice to be mailed no later than fifteen business days after submission of the information. Answers to questions contained in the attached questionnaire, information about current bonding capacity on an aggregate and per project limit, notarized statement from surety, and the most recent reviewed or audited financial statements, with accompanying notes and supplemental information, are required. [Public Entity] will use these documents as the basis of rating Contractors in respect to the size and scope of contracts upon which each Contractor is qualified to bid. [Public Entity] reserves the right to check other sources available. [Public Entity's] decision will be based on objective evaluation criteria. Pre-qualification approval will remain valid for one (1) calendar year from the date of notice of qualification, except that [Public Entity] reserves the right during that calendar year to adjust, increase, limit, suspend or rescind the pre-qualification ratings based on subsequently learned information and after giving notice of the proposed action to the Contractor and an opportunity for a hearing consistent with the hearing procedures described below for appealing a pre-qualification determination. While it is the intent of the pre-qualification questionnaire and documents required therewith to assist [Public Entity] in determining bidder responsibility prior to the submission of bids and to aid [Public Entity] in selecting the lowest responsible bidder, neither the fact of pre-qualification, nor any pre-qualification rating, will preclude [Public Entity] from a post-bid consideration and determination on a specific project of whether a bidder has the quality, fitness, capacity and experience to satisfactorily perform the proposed work, and has demonstrated the requisite trustworthiness. Contractors are encouraged to submit pre-qualification packages as soon as possible, so that they may be notified of pre-qualification status well in advance of upcoming projects. The pre-qualification packages should be submitted under seal and marked "CONFIDENTIAL" to [address]. 46 The pre-qualification packages (questionnaire answers and financial statements) submitted by Contractors are not public records and are not open to public inspection. All information provided will be kept confidential to the extent permitted by law, although the contents may be disclosed to third parties for the purpose of verification, investigation of substantial allegations, and in the process of an appeal hearing. State law requires that the names of contractors applying for pre- qualification status shall be public records subject to disclosure, and the first page of the questionnaire will be used for that purpose. Each questionnaire must be signed under penalty of perjury in the manner designated at the end of the form, by an individual who has the legal authority to bind the Contractor on whose behalf that person is signing. If any information provided by a Contractor becomes inaccurate, the Contractor must immediately notify [Public Entity] and provide updated accurate information in writing, under penalty of perjury. [Public Entity] reserves the right to waive minor irregularities and omissions in the information contained in the pre-qualification application submitted, to make all final determinations, and to determine at any time that the pre-qualification procedures will not be applied to a future public works project. A contractor who has submitted a completed application form, and who receives a rating of "not qualified" from [Public Entity] may appeal that determination. There is no appeal from a finding that a contractor is not pre-qualified because of a failure to submit required information, but re- application during one of the designated time periods is permitted. A contractor may appeal [Public Entity's] decision with respect to its request for pre-qualification, and request a hearing, by giving notice to [Public Entity] no later than ten business days after receipt of notice of its qualification status. Unless a Contractor files a timely appeal, the Contractor waives any and all rights to challenge the qualification decision of [Public Entity], whether by administrative process, judicial process or any other legal process or proceeding. If the Contractor gives the required notice of appeal and requests a hearing, the hearing shall be conducted so that it is concluded no later than ten business days after Public Entity's receipt of its Notice of Appeal. The hearing so provided shall be an informal process conducted by a panel to whom the [governing body of Public Entity] has delegated responsibility to hear such appeals (the "Appeals Panel"). At or prior to the hearing, the Contractor will be advised of the basis for [Public Entity's] pre-qualification determination. The Contractor will be given the opportunity to present information and present reasons in opposition to the pre-qualification determination. At the conclusion of the hearing or no later than one day after completion of the hearing, the Appeals Panel will render its decision. The date for submission and opening of bids for a specific project will not be delayed or postponed to allow for completion of an appeal process. Note: A contractor may be found not pre-qualified for bidding on a specific public works contract to be let by Public Agency, or on all contracts to be let by Public Agency until the contractor meets Public Agency's requirements. In addition, a contractor may be found not pre-qualified for either: (1) Omission of requested information or (2) Falsification of information 47 NOTICE: To contractors who are using subcontractors for this job, please be advised that Public Entity may require, as to subcontractors, one of the following: ❑ The qualification of subcontractors in the following crafts or trades, following acceptance of your bid, but before the award is made: ❑ Pre-qualification of all subcontractors. ❑ Pre-qualification of subcontractors in certain crafts. ❑ Post-bid qualification review. 48 SOURCES FOR VF:7~IFICATION INF&T- MATT0N GIVEN BY CONTR-/LCTORS 49 SOURCES FOR VERIFICATION OF INFORMATION GIVEN BY CONTRACTORS A CAUTIONARY NOTE: The information that will be given to public agencies by contractors seeking pre-qualification is provided under oath, with the understanding that the intentional providing of false information is, in itself, grounds for disqualification. We expect that the information given should be and will be accepted at face value. The following information is provided for use in the few instances in which a public agency reviewing the answers given in a questionnaire has specific reason to believe that one or more answers should be verified by reference to publicly available information. Information about a contractor's license(s) (Questionnaire Part I, question 6, and Part II, questions 6 and 9-13) Names and addresses of licensed contractors, information about the type of license(s) issued and the dates when licenses were issued (and certain other information), are available from the Contractors' State Licensing Board (CSLB), 9821 Business Park Drive, Sacramento, CA 95827. Telephone number 800-321-2752. The CSLB web site for public information is: www.CSLB.ca.gov. Information about workers' compensation insurance (Part I, question 3 and Part II, questions 32-33) Every workers' compensation insurance carrier issues to each of its insured businesses a Certificate of Insurance. The contractor should be willing to provide a copy upon request. Each contractor's Experience Modification Rate for the year should be stated in a letter to the contractor from the contractor's workers' compensation insurance carrier. Some large companies are legally self-insured for workers' compensation, with the consent and authorization of the Department of Industrial Relations. The names of companies that are legally self-insured are available from the Department's Office of Self-Insurance Plans, Workers' Compensation, 2265 Watt Avenue, Suite 1, Sacramento, CA 95825; (916) 483- 3392. The names of each business's current and recent workers' compensation insurance carriers are available from the Workers' Compensation Insurance Reporting Bureau (WCIRB), 575 Market Street, San Francisco, telephone (415) 777-0777. WCIRB is not a public agency but it provides information to the public. It will provide the names of the current and recent workers' compensation insurance carriers of every employer in California, in response to a written request, for a fee of $8 for every year for which you seek information. 50 Information about whether surety insurance carriers are "admitted" to do business in California (Part I, question 5) The California Department of Insurance will verify whether an insurance carrier is "admitted" to issue insurance policies within the State. The Department has a "Hot-Line" number - 800-927-4357, and a web-site from which the information is available: www.insurance.ca.gov Information on disqualification from bidding on public contracts (Part I, question 8 and Part II, question 15) Information on the identities of contractors that have been disqualified from bidding on public works contracts is available from the California Labor Commissioner, Division of Labor Standards Enforcement, 455 Golden Gate Avenue, San Francisco, telephone (415) 703-4810. Information available from the Secretary of State about corporations (Part II, questions la-ld, 2-4) The California Secretary of State has certain current and historical information about all corporations that operate in California: dates of incorporation, articles of incorporation, the name of the original incorporators, the names of the corporate officers (who are not necessarily the corporate stockholders) and an agent for service of process for the corporation. This information is available from the Secretary of State upon written request. (Secretary of State, Business Programs Division, 1500 Eleventh Street, Sacramento, CA 95814. Telephone (916) 653-2121 or 653-1239). The Secretary of State does not ordinarily have a listing of the names of initial stockholders or current stockholders, and that information is generally not available in any public record. Information available from County Clerks about partnerships and sole proprietorships (Part I, questions la-ld,24) Every business, including a partnership, that operates under a "fictitious name" (for example, "Ajax Sheet Metal Contractors" or "Smith Brothers Electrical Contractors") is required to file with the County Clerk in the county in which its home office is located a "Fictitious Business Name" statement. This statement will indicate the owner of the business, if the business is a sole proprietorship, and the names of partners, if the business is a partnership. The information is available to the public from the County Clerk upon request. A written request may be necessary. 51 Information about bankruptcy proceedings (Part II, questions 7 and 8) Bankruptcy petitions, which include the names of the person or business that is seeking protection from the Bankruptcy Court, are available for public inspection at the office of the Clerk of each Bankruptcy Court (which are federal courts). In California, Bankruptcy Courts are located in Sacramento, Modesto, Fresno, San Francisco, Oakland, San Jose, Los Angeles, Santa Ana, Riverside, and San Diego. Most documents filed in court in bankruptcy proceedings are available for public inspection, at the Bankruptcy Court clerk's office. Some information on bankruptcy filings may also be available from commercial enterprises that collect and sell information from public records). In addition some information about bankruptcy cases filed August 1990 and later is available on-line through the "PACER" (Public Access to Court Electronic Records) system. To obtain information from PACER, you must register with the system, and pay a fee for the materials obtained. Call 1-800-676-6856 or you may register online at http://pacer.psc.uscourts.gov/. Information about civil suits and arbitration cases (Part II, questions 14, 17 and 18) Each court keeps records of every civil suit filed in that court, and of the judgments that are issued after trials. However, the exact terns of pre-trial settlements are generally not recorded in court files. Documents related to disputes submitted to arbitration are generally not available for public inspection. Public agencies, however, are required to disclose the terms of such settlements, when documents are requested under the California Public Records Act. Information about criminal convictions (Part I, question 9, and Part II, questions 21, 22, and 23) Criminal convictions are a matter of public record. Each courthouse (in both the federal and state court systems) has an index of its own criminal records. In addition, a few data collection businesses have collected criminal conviction information from public records throughout the state, and the collected information about particular individuals or businesses is available for sale from these private businesses. Information about Federal court civil and criminal cases (Part I, question 9) Information about federal criminal cases (filed August 1991 and later) and civil cases (filed August 1990 and later) is available on-line through the "PACER" (Public Access to Court Electronic Records) system. To obtain information from PACER, you must register with the system, and pay a fee for the materials obtained. Call 1-800-676-6856) or you may register online at http://pacer.psc.uscourts.gov/. 52 Information about citations issued for violation of industrial safety and health laws (Part II, questions 28 and 29) Information about citations issued by both the federal Occupational Safety and Health Administration and the California Division of Occupational Safety and Health (Cal OSHA) are available on a web-site maintained by federal OSHA, http://www.osha.gov. At that web site, click on "Library." On the Library page, click on "Statistics and Inspection Data." Next, click on "Establishment Search." When the next screen appears, enter the name of the contractor about whom you seek information in the "Establishment" window. In the "Process" window, enter the number 999999. Click on California in the "State" window. In the "Inspection Date" window, enter "1990." Then click the submit button. Information about prevailing wage law violations (Part H, question 34) Information about recent prevailing wage law violations is available from the Division of Labor Standards Enforcement, at 2424 Arden Way, Suite 360, Sacramento, CA 95825. A model letter asking for such information is enclosed. Citations from either Air Quality or Water Quality Board for violations of regulations (Part II, question 30) Information about citations issued by the California Air Resources Board is available from that agency under the Public Records Act. Their address is 2020 L Street, Sacramento, CA 95814, or Post Office Box 2815, Sacramento, 95812. In addition, Regional Air Quality Management Districts and Regional Water Quality Control Boards throughout the state may issue citations for violation of air quality or water quality standards. Consult the appropriate board in your area for information about how to gather appropriate information. Information about state-approved apprenticeship plans and violations of state apprenticeship laws (Part II, questions 36-38) Information about violations of state apprenticeship laws can be obtained from the Division of Apprenticeship Standards, 455 Golden Gate Avenue, 8"' Floor, Post Office Box 420603, San Francisco, CA 94142. 53 PHASEI PLAN DIAGRAM Trail Sign Entry Native Screen Planting Prop 50 Monument Sign Entry Gate t If 1 , 1a Phase I Phase I 1,200 LF Riparian Restoration & Indicated Trails & Access to River Trail and Steps to River Access Universal Access Trail Universal Access Trail to River Overlook Riparian Forest Restoration Trail End T NTS REVISED CONCEPT SKETCH PLAN MAY 26, 2009 rrm group ['77 CA Codes (pcc:20100-20103.6) Page 1 of 3 PUBLIC CONTRACT CODE SECTION 20100-20103.6 20100. This chapter may be cited as the Local Agency Public Construction Act. 20101. (a) Except as provided in Section 20111.5, a public entity subject to this part may require that each prospective bidder for a contract complete and submit to the entity a standardized questionnaire and financial statement in a form specified by the entity, including a complete statement of the prospective bidder's experience in performing public works. The standardized questionnaire may not require prospective bidders to disclose any violations of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code committed prior to January 1, 1998, if a violation was based on a subcontractor's failure to comply with these provisions and the bidder had no knowledge of the subcontractor's violations. The Department of Industrial Relations, in collaboration with affected agencies and interested parties, shall develop model guidelines for rating bidders, and draft the standardized questionnaire, that may be used by public entities for the purposes of this part. The Department of Industrial Relations, in developing the standardized questionnaire, shall consult with affected public agencies, cities and counties, the construction industry, the surety industry, and other interested parties. The questionnaire and financial statement shall be verified under oath by the bidder in the manner in which civil pleadings in civil actions are verified. The questionnaires and financial statements shall not be public records and shall not be open to public inspection; however, records of the names of contractors applying for prequalification status shall be public records subject to disclosure under Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code. (b) Any public entity requiring prospective bidders to complete and submit questionnaires and financial statements, as described in subdivision (a), shall adopt and apply a uniform system of rating bidders on the basis of the completed questionnaires and financial statements, in order to determine both the minimum requirements permitted for qualification to bid, and the type and size of the contracts upon which each bidder shall be deemed qualified to bid. The uniform system of rating prospective bidders shall be based on objective criteria. (c) A public entity may establish a process for prequalifying prospective bidders pursuant to this section on a quarterly basis and a prequalification pursuant to this process shall be valid for one calendar year following the date of initial prequalification. (d) Any public entity requiring prospective bidders on a public works project to prequalify pursuant to this section shall establish a process that will allow prospective bidders to dispute their proposed prequalification rating prior to the closing time for receipt of bids. The appeal process shall include the following: (1) Upon request of the prospective bidder, the public entity shall provide notification to the prospective bidder in writing of the basis for the prospective bidder's disqualification and any supporting evidence that has been received from others or adduced as a result of an investigation by the public entity. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pcc&group=20001-21000&file=20... 2/2/2010 CA Codes (pcc:20100-20103.6) (2) The prospective bidder shall be given the opportunity to rebut any evidence used as a basis for disqualification and to present evidence to the public entity as to why the prospective bidder should be found qualified. (3) If the prospective bidder chooses not to avail itself of this process, the proposed prequalification rating may be adopted without further proceedings. (e) For the purposes of subdivision (a), a financial statement shall not be required from a contractor who has qualified as a small Business Administration entity pursuant to paragraph (1) of subdivision (d) of Section 14837 of the Government Code, when the bid is no more than 25 percent of the qualifying amount provided in paragraph (1) of subdivision (d) of Section 14837 of the Government Code. (f) Nothing in this section shall preclude an awarding agency from prequalifying or disqualifying a subcontractor. The disqualification of a subcontractor by an awarding agency does not disqualify an otherwise prequalified contractor. 20102. Notwithstanding any other provision of this part to the contrary, where plans and specifications have been prepared by a public agency, whose activities are subject to this part, in order for a public project to be put out for formal or informal bid, and, subsequently, the public agency elects to perform the work by day's labor, the public agency shall perform the work in strict accordance with these same plans and specifications. Revisions of the plans and specifications may be made once a justification detailing the specific reasons for the change or changes has been approved by the public agency or its project director and a copy of the change and its justification is placed in the project file. 20103.5. In all contracts subject to this part where federal funds are involved, no bid submitted shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the agency that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. The agency shall include a statement to that effect in the standard form of prequalification questionnaire and financial statement. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. 20103.6. (a) (1) Any local agency subject to this chapter shall, in the procurement of architectural design services requiring an expenditure in excess of ten thousand dollars ($10,000), include in any request for proposals for those services or invitations to bid Page 2 of 3 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pcc&group=20001-21000&file=20... 2/2/2010 CA Codes (pcc:20100-20103.6) from a prequalified list for a specific project a disclosure of any contract provision that would require the contracting architect to indemnify and hold harmless the local agency against any and all liability, whether or not caused by the activity of the contracting architect. (2) The disclosure statement shall be prominently set forth in bold type. (b) In the event a local agency fails to comply with paragraph (1) of subdivision (a), that local agency shall (1) be precluded from requiring the selected architect to agree to any contract provision requiring the selected architect to indemnify or hold harmless the local agency against any and all liability not caused by the activity of the selected architect, (2) cease discussions with the selected architect and reopen the request for proposals or invitations to bid from a qualification list, or (3) mutually agree to an indemnity clause acceptable to both parties. (c) This section shall become operative on July 1, 1998. Page 3 of 3 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pcc&group=20001-21000&file=20... 2/2/2010 Summary: This item is on the closed session agenda as threatened litigation. A proposed Settlement Agreement and Release between the City and River Watch of Northern California (River Watch) will be discussed with legal counsel in closed session. If approved the agreement will resolve a threatened citizen suit by River Watch under Subchapter C of the Resource Conservation and Recovery Act (RCRA). Following consult with counsel in closed session, the City Council may consider approval of the agreement in open session under this agenda item. Fiscal Impact: 1-1 Budgeted FY 09/10 F-1 New Appropriation F~ Not Applicable F-1 Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested $ Special General Fund 110 Recommended Action(s): To be discussed in closed session Alternative Council Option(s): N/A Continued on Paae 2 Citizens advised: Requested by: City Attorney Prepared by: City Attorney Coordinated with: Jane Chambers, City Manager, Tim Eriksen, City Engineer Attachments: Approved: Ja Cambers, City Manager City a f_'7lf~ i afi ITEM O.: 11 a MEETING DATE: AGENDA SUMMARY REPORT 4/21/10 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIA FORMALLY OPPOSING PROPOSITION 16 "THE NEW TWO-THIRDS VOTE REQUIRMENT FORM PUBLIC ELECTRICITY PROVIDERS - INITIATIVE CONSTITUTIONAL AMENDMENT" Background: On June 1, 2009, California State Ballot Petition 09-0015, "The New Two-Thirds Vote Requirement for Public Electricity Providers" Initiative was filed with the California State Attorney General for the June 2010 statewide ballot. The proposed initiative is being sponsored by Pacific Gas & Electric Company (PG&E) and has the potential to significantly affect the way publicly owned electric utilities do business within California. The proposed initiative would require a public power provider to obtain a two-thirds voter majority in the existing territory and the proposed expanded territory prior to spending funds for expansion or construction of facilities outside current boundaries. In effect, the requirement would prevent elected representatives or a simple majority of citizens from determining whether they want to have public power in any newly annexed areas and impede the City's ability to provide the full range of services as it builds out pursuant to its General Plan. The initiative, if approved, would significantly limit Ukiah's ability to provide services in newly annexed areas. The initiative also contains a number of ambiguities that could affect the utility's operations within the existing city limits as well. For example, although the initiative states that it exempts expansions within the city's existing city limits, the exception only applies if the municipal utility is the "sole provider" within those limits. The initiative would also have a potentially significant impact on efficiency of electric operations. For example, different results in elections of different areas of annexation would lead to discontinuous (checkerboard) service, detracting from operating efficiency. The cost of a special election in Ukiah could be a significant cost to the City for each proposed expansion. According to the California Legislative Analyst's Office (please see attached correspondence dated July 7, 2009 for the complete document); the financial impacts on municipal organizations have yet to be fully determined. Continued on Page 2 Recommended Action(s): Approve the Resolution Alternative Council Option(s): Do nothing Citizens advised: Requested by: Prepared by: Mel Grandi, Electric Utility Director Coordinated with: Jane Chambers, City Manager Attachments: Resolution, California Legislative Analyst Letter, Exhibit A-Proposition 16 Approved:, Ja~hambers, City Manager Under California statute, the following is a brief description of those actions City staff is both permitted and not permitted to take regarding informing the public about this issue: • We can provide balanced educational materials as they relate to the initiative. These materials must not promote a specific position on the issue and cannot be biased in one way or another. Any materials must be distributed through our regular communication channels; • We can ask our local governing boards to adopt a resolution that officially supports or opposes the ballot initiative during an open meeting; • We cannot discuss or engage in campaign activities during compensated work hours; • We cannot use work computers, e-mail addresses or phones, including cell phones paid for by the City, for campaign communication activities; and, • We cannot use City or Utility resources (including office equipment, staff time, vehicles or public funds) to engage in advocacy-related activities regarding the ballot initiative. Based upon the research conducted on this ballot initiative, the EUD respectfully requests that the City Council take an oppose position on this initiative. Fiscal Impact: If the initiative were to pass, the impact on the Electric Utility could be significant. Budgeted FY 09/10 F-1 New Appropriation FX1 Not Applicable F I Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested ATTACHMENT RESOLUTION NO. 2010 _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH FORMALLY OPPOSING PROPOSITION 16, "THE NEW TWO-THIRDS VOTE REQUIRMENT FORM PUBLIC ELECTRICITY PROVIDERS - INITIATIVE CONSTITUTIONAL AMENDMENT" WHEREAS, California State Ballot Petition 09-0015, Proposition 16, "The New Two-Thirds Vote Requirement for Public Electricity Providers," was filed with the California State Attorney General for the June 2010 statewide ballot; and WHEREAS, prior to expanding electricity service into a newly annexed portion of the City or to any portion of the City where the City's utility is not the sole provider of electricity, the proposed ballot initiative would require that a public power provider obtain two-thirds voter approval of both the voters in the existing territory and the voters in its proposed expanded territory; and WHEREAS, the proposed ballot initiative, if passed, could affect the ability of the City of Ukiah to expand and offer Ukiah Electric Utility services. NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby oppose Proposition 16, "The New Two-thirds Vote Requirement for Public Electricity Providers" Initiative; and BE IT FURTHER RESOLVED that the City Council directs the Electric Utility Department to appropriately and proactively inform the citizens of Ukiah, California, regarding the ballot petition in accordance with California Fair Political Practices Commission regulations. PASSED AND ADOPTED by the Ukiah City Council on April 21, 2010, by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: Benj Thomas, Mayor ATTEST: JoAnne Currie, City Clerk ATTACHMENT Hon. Edmund G. Brown Jr. Attorney General 1300 I Street, 17'hFloor Sacramento, California 95814 Attention: Ms. Krystal Paris Initiative Coordinator Dear Attorney General Brown: Pursuant to Elections Code Section 9005, we have reviewed a proposed constitu- tional amendment initiative relating to voting requirements for expanding or establish- ing publicly owned electricity providers (A.G. File No. 09-0015). BACKGROUND Provision of Electricity Service in California California Electricity Providers. Californians generally receive their electricity service from one of three types of providers: investor-owned utilities (IOUs), local publicly owned electric utilities, and electric service providers (ESPs). These providers provide 68 percent, 24 percent, and 8 percent, respectively, of retail electricity service in the state. Investor-Owned Utilities. The IOUs are owned by private investors and provide electricity service for profit. The three largest electricity IOUs in the state are Pacific Gas and Electric, Southern California Edison, and San Diego Gas and Electric. Each IOU has a unique, defined geographic service area and is required by law to serve customers in that area. The California Public Utilities Commission (CPUC) regulates the rates charged by IOUs and how they provide electricity service to their customers. Publicly Owned Utilities. Publicly owned electric utilities are public entities that pro- vide electricity service to residents and businesses in their local area. Not regulated by CPUC, publicly owned electric utilities set their own terms of service, including the rates charged to their customers. Electricity service is currently provided by local governments through several different governmental structures authorized under state law, including: ® Utility departments of cities, such as the Los Angeles Department of Water and Power. 0 Municipal utility districts, such as the Sacramento Municipal Utility District. Hon. Edmund G. Brown Jr. 2 July 7, 2009 • Public utility districts, such as the Truckee Donner Public Utility District. • Irrigation districts, such as the Imperial Irrigation District. Electric Service Providers. The ESPs provide electricity service to customers who have chosen not to receive service from the IOU or publicly owned utility that would otherwise serve their geographic area. Under this approach, an electricity customer en- ters into what is termed a "direct access" contract with an ESP that delivers electricity to the customer through the local utility's transmission and distribution system. Electric service provider rates are not regulated by CPUC. There are currently eighteen regis- tered ESPs, mainly serving large industrial and commercial customers. Individual elec- tricity consumers are currently barred from entering into ESP contracts, although state law will again permit this to occur several years from now. Community Choice Aggregation In addition to the ESP arrangements discussed above, state law allows a city or a county, or a combination of the two, to arrange to provide electrical service within their jurisdiction through a contract with an electricity provider other than the IOU that would otherwise serve that local area. This version of direct access is referred to as "community choice aggregation." Although no community choice aggregator (CCA) currently exists to provide electricity service in California, several communities are ex- ploring this option. Under this approach, electricity would be purchased by the CCA from an ESP in- stead of the local IOU. However, the transmission and distribution system of the IOU serving that local area would continue to be used to deliver the electricity to the cus- tomers. Electricity customers within that jurisdiction would automatically get their elec- tricity from the CCA unless they elected to continue to receive service from the IOU serving their local area. Voter Approval Requirements for Publicly Owned Electricity Providers As noted above, publicly owned utilities can be organized under several different types of government structures, such as municipal utility districts. Each type of local government entity that is authorized to provide electricity service, and that is consider- ing either the start-up of electricity service or the expansion of existing service beyond its current service area, is subject to certain state requirements. Various statutes specify whether voter approval is required for the start-up of electricity service by authorized local government entities. Under state law, if a local govermnent intends to expand its electricity service into a new territory, that new area must be annexed and a majority of the voters in the area proposed for annexation must approve the expansion. However, no vote of the public is generally required in such cases within the existing service terri- tory of the local governmental entity that is proposing the expansion. (In some cases, a local commission requires such a vote as a condition of approving the annexation.)' Lo- Hon. Edmund G. Brown Jr. 3 July 7, 2009 cal agency action to create a CCA, in contrast, may be undertaken upon a vote of the lo- cal agency governing board and does not require local voter approval. PROPOSAL The measure places new voter approval requirements on local governments before they can use "public funds"-defined broadly in the measure to include tax revenues, various forms of debt, and ratepayer funds-to start up electricity service, expand elec- tricity service into a new territory, or to create a CCA. First, if an authorized local gov- ernment entity seeks to start up electricity service, it must receive approval by two- thirds of the voters in the area proposed to be served. Second, if an existing publicly owned utility seeks to expand its electric delivery service into a new territory, it must receive an approval by two-thirds of the voters in both the area currently served by the utility and the new area proposed to be served. Third, the measure requires two-thirds voter approval for a local government to create a CCA. The measure provides three exemptions to local governments from these voter ap- proval requirements: If the use of public funds has been previously approved by the voters both within the existing jurisdiction of the local government and the territory pro- posed for expansion. ® If the public funds would be used solely to purchase, provide, or supply specified types of renewable electricity, such as wind or solar power. ® If the public funds would be used only to provide electric delivery service for the local government's own use. ISC L EFFECTS Local Administrative Costs for Elections. Because this measure requires voter ap- proval for specified local government actions, it would result in additional costs to local governments each time a proposal requiring voter approval was placed on the ballot. These costs would primarily be related to preparing and mailing election-related materi- als. In most cases, the balloting could be consolidated with already scheduled elections. The increased election-related costs due to this measure would probably be minor. Potential Impact on State and Local Government Costs and Revenues. This meas- ure could affect local government costs and revenues due to its potential effects on the operation of publicly owned utilities and CCAs. It could also affect the finances of state and local government agencies in California because of its potential impact on electric- ity rates. These effects would largely depend upon future actions of voters and local governments. We discuss these potential effects in more detail below. Hon. Edmund G. Brown Jr. 4 July 7, 2009 First, the new public voter approval requirements for the start-up or expansion of publicly owned utilities or the formation of CCAs could, in some cases, result in public disapproval of such changes. Also, the existence of these new voter approval require- ments could deter some local government agencies from proceeding with such plans. To the extent that this occurred, local government agencies could collect lower revenues from electricity customers, and incur lower costs for the operation and coordination of electricity services, than would otherwise be the case. Second, the enactment of this measure could also affect the finances of state and lo- cal government agencies in California due to its potential impact on electricity rates. As noted above, some local government agencies might not start up or expand a publicly owned utility into a new territory or create a CCA as a result of the measure's new voter approval requirements. In this event, the rates paid by electricity customers in that and neighboring jurisdictions could be higher or lower than would otherwise have been the case. This could affect state and local government costs, since many public agencies are themselves large consumers of electricity. To the extent that changes in electricity rates affect business profits, sales, and taxable income, these factors could affect state and lo- cal tax revenues. The net fiscal effect of all of these factors on the finances of state and local govern- ment agencies is unknown. SUMMARY In summary, the initiative would have the following major fiscal effect: ® Unknown net impact on state and local government costs and revenues, de- pending on future voter decisions, due to the measure's potential effects on electricity rates and publicly owned utility operations. Sincerely, Mac Taylor Legislative Analyst Michael C. Genest Director of Finance THE NEW E%AuIREMENT FOR PRO"VIDERS PROPOSITION 16 Exhibit A issuing bonds guaranteed by ratepayers or taxpayers, or obtaining other debt or financing to start or expand electric delivery service, or to implement a plan to become an aggregate electricity provider. (d) Local governments often start or expand electric delivery service, or implement a plan to become an aggregate electricity provider, without approval by a vote of the people. (e) Frequently the start-up, expansion, or implementation plan requires either construction or acquisition of facilities or other services necessary to deliver the electric service, to be paid for with public funds, borrowing, bonds guaranteed by ratepayers or taxpayers, or other debt or financing. (f) The source of the public funds, borrowing, debt, and bond financing is generally the electricity rates charged to ratepayers as well as surcharges or taxes imposed on taxpayers. (g) Such use of public funds and many forms of borrowing, debt or financing do not presently require approval by a vote of the people, and where a vote is required, only a majority vote may be required.. Section 2. STATEMENT OF PURPOSE (a) The purpose of this initiative is to guarantee to ratepayers and taxpayers the right to vote anytime a local government seeks to use public funds, public debt, bonds or liability, or taxes or other financing to start or expand electric delivery service to a new territory or new customers, or to implement a plan to become an aggregate electricity provider. (b) Ifthe start-up or expansion requires the construction or acquisition of facilities or services that will be paid for with public funds, or financed through bonds to be paid for or guaranteed by ratepayers or taxpayers, or to be paid for by other forms of public expenditure, borrowing, liability or debt, then two-thirds of the voters in the territory being served and two-thirds of the voters in the territory to be served, voting at an election, must approve the expenditure, borrowing, liability or debt. Also, if the implementation of a plan to become an aggregate electricity provider requires the use of public funds, or financing through bonds guaranteed by ratepayers or taxpayers, orotherforms ofpublic expenditure, borrowing, liability or debt, then two-thirds of the voters in the jurisdiction, voting at an election, must approve the expenditure, borrowing, liability or debt. Section 3. Section 9.5 is added to Article XI of the California Constitution to read: SEC. 9.S. (a) Except as provided in subdivision (h), no local government shall, at any time, incur any bonded or other indebtedness or liability in any manner or use any public funds for the construction or acquisition of facilities, works, goods, commodities, products or services to establish or expand electric delivery service, or to implement a plan to become an aggregate electricity This initiative measure is submitted to the people in accordance with the provisions of Article II, Section 8 of the California Constitution. This initiative measure expressly amends the California Constitution by adding a section thereto; therefore, new provisions proposed to be added are printed in italic type to indicate that they are new. PROPOSED LAW Section 1. FINDINGS AND DECLARATIONS The People do find and declare: (a) This initiative shall be known as "The Taxpayers Right to Vote Act" (b) California law requires two-thirds voter approval for tax increases for specific purposes. (c) The politicians in local governments should be held to the same standard before using public funds, borrowing, Text of Proposed Laws 1 75 TEXT F PROPOSE WS (PROPOSITION 16 CONTINUED) provider, without the assent of two-thirds of the voters within the jurisdiction of the local government and two- thirds of the voters within the territory to be served, if any, voting at an election to be held for the purpose of approving the use of any public funds, or incurring any liability, or incurring any bonded or other borrowing or indebtedness. (b) "Local government" means a municipality or municipal corporation, a municipal utility district, a public utility district, an irrigation district, a city, including a charter city, a county, a city and county, a district, a special district, an agency, or a joint powers ,authority that includes one or more of these entities. (c) "Electric delivery service" means (1) transmission of electric power directly to retail end-use customers, (2) distribution of electric power to customers for resale or directly to retail end-use customers, or (3) sale of electric power to retail end-use customers. (d) "Expand electric delivery service" does not include (1) electric delivery service within the existing jurisdictional boundaries of a local government that is the sole electric delivery service provider within those boundaries, or (2) continuing to provide electric delivery service to customers already receiving electric delivery service from the local government prior to the enactment of this section. (e) `A plan to become an aggregate electricity provider" means a plan by a local government to provide community choice aggregation services or to replace the authorized local public utility in whole or in part for electric delivery. service to any retail electricity customers within its jurisdiction. (f) "Public funds"means, without limitation, any taxes, funds, cash, income, equity, assets, proceeds of bonds or other financing or borrowing, or rates paid by ratepayers. "Public funds" do not include federal funds. (g) "Bonded or other indebtedness or liability" means, without limitation, any borrowing, bond, note, guarantee or other indebtedness, liability or obligation, direct or indirect, of any kind, contingent or otherwise, or use of any indebtedness, liability or obligation for reimbursement of any moneys expended from taxes, cash, income, equity, assets, contributions by ratepayers, the treasury of the local government, or other sources. (h) This section shall not apply to any bonded or other indebtedness or liability or use ofpublie funds that (I) has been approved by the voters within the jurisdiction of the local government and within the territory to be served, if any, prior to the enactment of this section; or (2) is solely for the purpose of purchasing, providing or supplying renewable electricity from biomass, solar thermal, photovoltaic, wind, geothermal, fuel cells using renewable fuels, small hydroelectric generation of 34 megawatts or less, digester gas, municipal solid waste conversion, landfill gas, ocean wave, ocean thermal, or tidal current, or providing electric delivery service for the local government's own end use and not for electric delivery service to others. Section 4. CONFLICTING MEASURES A. This initiative is intended to be comprehensive. It is the intent of the people that in the event that this initiative and another initiative relating to the same subject appear on the same statewide election ballot, the provisions of the other initiative or initiatives are deemed to be in conflict with this initiative. In the event this initiative shall receive the greater number of affirmative votes, the provisions of this initiative shall prevail in their entirety, and all provisions of the other initiative or initiatives shall be null and void. B. If this initiative is approved by voters but superseded by law or by any other conflicting ballot initiative approved by the voters at the same election, and the conflicting law or ballot initiative is later held invalid, this initiative shall be self-executing and given full force of law. Section 5. SEVERABILITY The provisions of this initiative are severable. If any provision of this initiative or its application is held to be invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. 76 Text of Proposed Laws 4/20/10-Santa Cruz Chuck Clendenin, Business and Cooperative Director, USDA RD, Davis, (530) 792- 5825 discussed potential funding sources for economic development with actual projects as examples Rural Business Enterprise Grant Usually <$100,000, but up to $1,000,000. Will fund infrastructure projects that demonstrate economic benefits, but must be on public land. Number of jobs created is key to funding through this grant. This funding has just been made available in the last couple weeks. ® Airport Business Park road improvements or on-ramp to Hwy. 101 ® Sewer improvements anywhere that promote economic development ® Specifications for plan for reclaimed water for Ukiah Valley • Specifications for Rail Trail through Ukiah Valley • Business plan and/or technical assistance for design of actual slaughterhouse/meat processing plant. ® Woody biomass ® Specs for City of Ukiah complete streetscape Value Added Producer Grant (Karen Firestein, Davis office, (530) 792-5829) ® Meat slaughterhouse/processing plant feasibility plant Woody biomass feasibility study (steering committee can apply) ® Talking to Scott Crafty about suppliers that could use this grant Community Locker (freezer) co-located w/community kitchen? Solar/propane possibly. Could be a replicable pilot project. ® Use Mendocino Renegade as an overarching brand for products; grant could facilitate that certification Cooperative Programs( (provide start-up, education and statistical support, definition: 3 or more and user owner and democratically run) ® Cooperatively owned for slaughter, pack/wrap and distribution: look at North Coast Meat Goat Feasibility Study as a model to see if we want to pursue this idea. NCMGFS is seeking to grow the ethnic market for goat. See video at www.cccd.coop. Intermediary Re-lending Program - very popular program right now due to difficulty in accessing capital in rural communities ® Explored the delay in EDFC's funding from this program, contacted Kristin Minges, 530-792-5827 Rural Energy for America Program - biorefinery program to reduce dependence on fossil fuels City/landfill re-opening, possible partnership with City's haulers, Ben Provan's enzymatic digestor concept --to pay for a feasibility study, 25% of up to $50,000 ® Other options include: grants up to 25% of projects under $500,000 and loan - guarantees up to 75% of projects up to $25 million. • Woody biomass-to pay for a feasibility study, 25% of up to $50,000 ® Could this be used to fund the oversight of the Green Business certification program? Backing the Business of Rural America; business and industry guaranteed loan program. Banks use this program, default rates are low. This funding stream's priorities are: value-added, food, low income, good paying jobs ® Could this be-used by the Coveao Food Producers Guild or The Ukiah Co-op? Other noteworthy discussions Eel River Beef, model in Humboldt that is privately owned and sources meat for distribution. Standards for production/quality control have been developed. UCCE contact, Deborah Giraud (707-445-7351) from Humboldt County re mobile chicken, turkey and rabbit processing unit, funded by Humboldt area Conservation group Acquired information about USDA Mobile Meat Harvester that is operating as a cooperative non-profit in San Luis Obispo/Monterey/Santa Barbara. The stainless steel unit utilizes corral design features from Temple Grandin's suggestions. Contact is 805- 478-6781 or info@coastgrown.com Watsonville Civic Center/Admin Building incorporated 2 story City Library, County Courthouse and Administration for City and CC chambers. Discussed process with City Manager, their process working with the state AOC and 8 other funding collaborators- USDA, CDBG, AOC, EDA, private funders, Gen'I Fund, Library Grants.... Contact with The Resource Connection in Calaveras County (Jeannie Hayward, 209- 754-1257 re: Farmer's Market at Food Bank, set up with Electronic Bank Transfer. Also set up a program called Donate Don't Dump for excess produce to be distributed in the summer when there are great surpluses.