HomeMy WebLinkAboutMendocino County Local Agency Formation Commission (LAFCO) 2011-05-18MEMORANDUM OF UNDERSTANDING BETWEEN THE MENDOCINO COUNTY LOCAL AGENCY FORMATION COMMISSION AND THE CITY OF UKIAH FOR PREPARATION OF CITY OF UKIAH MUNICIPAL SERVICE REVIEW This Memorandum of Understanding ("MOU") is entered in Ukiah, California, on 2011 ("Effective Date") between the Mendocino County Local Agency Formation Commission ("LAFCO") and the City of Ukiah ("City"). This MOU may refer to LAFCO and the City as a "Party" or as "the Parties." RECITALS: 1. By January 1, 2008, and every five years thereafter, LAFCO is required by Government Code Section 56425 to review and update spheres of influence ("SOIs") for cities and districts in Mendocino County. 2. Government Code Section 56430 requires LAFCO to complete municipal service reviews ("MSRs") to use in performing the five year updates required by Government Code Section 56425. 3. LAFCO has not completed MSRs for the City or the districts in the Ukiah Valley area. 4. In 1995 the City adopted a revised General Plan which proposed to revise its SOI as depicted on the map attached as Exhibit A in the RFP, which would effectively reduce its SOI from its previously approved boundaries. 5. The City plans to submit its application to LAFCO to determine its SOI as proposed in the City's General Plan, but according to LAFCO policy LAFCO will not act on that application until an MSR covering the City and its proposed SOI has been completed and approved by LAFCO. 6. The City has proposed to pay for a qualified consultant to prepare a single MSR covering all City services within the City and its proposed SOI ("City Only MSR") for consideration and approval by LAFCO. 7. LAFCO saw the City's proposal as an opportunity to leverage any funds the City provides for a City Only MSR to complete the preparation of MSRs for the districts in the Ukiah Valley area. Thus, the ad hoc committee developed Part 1 and Part 2 of the RFP to separately address the City Only MSR and MSRs for special districts in the Ukiah Valley Area. 8. Based on the City's proposal, on January 10, 2011, the Commission appointed three commissioners to an ad hoc committee for the purpose of developing a Request for Proposal (RFP) for an MSR for the City and for the Ukiah Valley area. The LAFCO Executive officer and a City staff person provided support and input to the committee. 9. With some additions, on February 7, 2011, the Commission approved the ad hoc committee's proposed RFP, a true and correct copy of which is attached hereto as Exhibit A and incorporated herein by this reference, and issuance of the RFP to solicit proposals from qualified consultants. 10, On March 16, 2011, the City Council approved the RFP and issuance of the RFP to solicit proposals from qualified consultants. 11. The purpose of this MOU is to memorialize the terms under which the City will fund and LAFCO will consider for adoption a City Only MSR. AGREEMENT: In consideration of and reliance upon the above -recitals and the terms and conditions as stated below, the Parties agree as follows. 1. Subject to the provisions of this MOU, the solicitation of consultants, the award of a contract to a consultant and the review and approval of the draft and final City Only MSR shall be conducted in accordance with the provisions of the RFP. 2. Before LAFCO issues the RFP, the City shall have a reasonable opportunity to review the proposed list of consultants and to request the addition of any consultants not on the list. LAFCO shall send the RFP to any of the consultants requested by the City. 3. The approved compensation for the City Only MSR shall be based on time and expenses, the rates for which are clearly set forth in the contract, not -to -exceed a guaranteed maximum dollar amount based on a detailed scope of work. 4. In defining the scope of work for Part 1, the City shall have the opportunity to provide input to the ad hoc committee. A maximum of two City representatives shall also have the opportunity to participate in the interviews of the consultants who submitted top ranked proposals for Part 1 and to provide input during the contract negotiations conducted by the committee of the chosen consultant(s). S. The City shall not be responsible for payment of any work performed by the consultant that is not set forth in the approved scope of work unless the City and the committee approves such additional work in advance. 6. The ad hoc committee will recommend a consultant and contract terms to the Commission. The Commission must then consider and approve the consultant contract, scope of work and guaranteed maximum cost. LAFCO shall not award a contract for the City only MSR, unless the City Council, in the sole exercise of its discretion, concurs 2 with the Commission's approval of the consultant, the contract and the scope of work. Any decision to amend, suspend or terminate the consultant agreement approved by the Parties will require the approval of the City Council and the Commission. 7. Unless subject to a timely objection by the City, it shall pay all ad hoc committee approved consultant invoices within 30 days of receipt from LAFCO. Approved invoices shall be submitted to the City Manager and payment should be sent directly to LAFCO who will be responsible for transmitting payment to the consultant. LAFCO will copy the City Manager on the payment transmittal. The City shall notify LAFCO in writing of any objections to the invoice within 10 days of receipt of the invoice from LAFCO. 8. This MOU, including the attached RFP, contains the entire agreement between LAFCO and the City concerning the preparation of the City Only MSR and the City's obligation to pay the consultant's fees and expenses. 9. This MOU may be amended, if the amendment is approved by the Commission and the City Council and signed by authorized representatives of the Parties. 10. Any notice, payment or other communication required or permitted under this MOU shall be deemed given and received, if personally delivered, sent by fax or email or 48 hours after deposit in the United States Mail with first class postage affixed thereto and sent to: LAFCO Attention: Frank McMichael, E.O. CITY Attention: Jane Chambers, City Manager 11. This MOU may be executed in duplicate originals bearing original signatures. Each such document shall be admissible in any administrative or judicial proceeding as evidence of the terms of this agreement. WHEREFORE, the Parties have entered this MOU on the Effective Date. LOCAL AGENCY FORMATION COMMISSION , Chairman CITY OF UKIAH Mari Rodin, Mayor LAFCO OF MENDOCINO COUNTY REQUEST FOR PROPOSAL MUNICIPAL SERVICE REVIEW I. REOUEST FOR PROPOSAL Part One: As described below, the Local Agency Formation Commission of Mendocino County ("LAFCO"), is seeking the services of a qualified and experienced consultant to prepare a Municipal Service Review ("MSR") for the City of Ukiah in accordance with the requirements of Government Code Sections 56430 and 56425. The City will pay for the City only MSR that will be completed under LAFCO supervision. Part Two: As further described below, depending on cost, LAFCO, in addition, may contract and pay for MSRs covering certain special districts in the Ukiah Valley area. Therefore proposals are requested to provide separate budgets for Part One and Part Two. Proposals that demonstrate that the final product will meet the requirements provided below and the Cortese Knox Hertzberg Local Government Reorganization Act (CKH); that provide useful information in a concise format at the lowest cost will be looked upon favorably. A final budget amount for each will be negotiated with the firm selected for the work prior to an agreement being recommended for adoption. LAFCO and the City will need to agree on the budget for Part One and LAFCO will need to agree on the budget for Part Two. For Part One, an ad hoc committee consisting of three LAFCO commissioners was created by the Conunission. The ad hoc committee together with LAFCO staff and City staff (collectively, "the committee") have been charged with developing the RFP, reviewing the proposals and interviewing potential consultants for the City Report. Once a CONSULTANT is selected, the cormnittee will administratively review all submittals prior to any public release. For Part Two, the ad hoc committee together with LAFCO staff will perform these tasks. II. AGENCY INFORMATION Mendocino LAFCO LAFCO serves as the local agency formation commission for Mendocino County pursuant to the Cortese -Knox -Hertzberg Local Government Reorganization Act (Gov't Code Sections 56000 et seq.). Government Code Section 56430 requires LAFCO to complete MSRs for the municipal services provided by local governments in Mendocino County, in order to establish or update spheres of influence ("SOI") in the County in accordance with Gov't Code §56425. There are 50 independent special districts and four cities in Mendocino County. Mendocino LAFCO is comprised of seven members; two members appointed by the Board of Supervisors, two members from cities appointed by the City Select Committee, two members elected by the districts and one public member appointed by the other six members. In addition, each category has an alternate; therefore there are a total of eleven conunissioners. Under LAFCO policy, alternate commissioners are "encouraged to take an active role in LAFCO business including discussions and deliberations on project proposals"; one of the members of the ad hoc committee is an alternate. The LAFCO Executive Officer functions as the primary analyst and developer of reports and studies. City of Ukiah The City of Ukiah is a full service, general law city incorporated in 1876; it is approximately 4.2 square miles in size with approximately 15,873 inhabitants. It has a five person city council and a five person planning commission. One of the City Council members is a LAFCO Commissioner. The City operates its own police department, fire department and electrical, water and wastewater utilities. It owns and operates an airport, electrical distribution facilities and interests in power generating facilities, including a hydroelectric generating plant at Lake Mendocino, a water treatment plant, a recently upgraded and expanded wastewater treatment plant ("WWTP"), a currently closed landfill that is being considered for re -opening, a golf course and various parks, a conference center and a museum. It is the County seat and commercial and social -cultural anchor for the larger Ukiah Valley community. In 1995 the City adopted a revised General Plan which proposed its SOI to be as depicted on the map attached hereto as Exhibit A ("1995 General Plan Proposed SOI"). At the time of the completion of the General Plan the City did not request LAFCO to determine the SOI as adopted by the General Plan. The City is now requesting such a deternunation; thus the designated geographical area for the Part One review described below is the City's jurisdictional boundaries and the proposed 1995 General Plan SOI. City SOI and Districts The Ukiah Valley Sanitation District (UVSD) includes territory within the City limits and the 1995 proposed SOI. The District generally surrounds the City on the North, East and South. The City contracts pursuant to a "Participation Agreement" with the UVSD to provide sewer service to the District. Under the Participation Agreement the City operates the entire sewer system, including the City owned WWTP and collection system and the District owned collection system as one system with the City and the District sharing the costs proportionally. The 1995 SOI would also include some territory which is currently within the Millview County Water District (MCWD) to the north of the City, the Willow County Water District (WCWD) to the south of the City, and the Ukiah Valley Fire Protection District (UVFPD) which surrounds the City on all but the West side. The City and UVFPD have a mutual aid and response agreement with each other; plus a Fire Protection and Emergency Services Master Plan has been mutually developed for the two agencies. The Russian River Flood Control and Water Conservation Improvement District (RRFC) overlays the City's boundaries and the several districts. RRFC has water rights to 8,000 AFY obtained from Lake Mendocino. Lake Mendocino water comes from two sources; the watershed above the Lake and from water diverted to the East Fork of the Russian River from the Eel River via the Potter Valley Project which provides water to PG&E for a hydroelectric facility. The City has its own water rights, however the City also contracts for water from RRFC. 2 In addition to their own water rights, RRFC also provides water via contract to Millview CWD and Willow CWD. These two agencies provide only water services. Due to limited capacity, Millview CWD is under a Department of Public Health restriction for additional connections. Because these districts are partially located within the City's proposed SOI, they are affected agencies as defined by G.C. 56014; thus they necessarily must be included in the Part One review. It is anticipated that because of the necessity of some review of these agencies for the Part One effort, additional add-on effort could provide the opportunity to complete an MSR that would include the above indicated agencies and four others. Other Districts Calpella CWD (CC") boundaries begin approximately two miles North of the City's present boundaries; all of its territory is within RRFC boundaries. Calpella provides water and wastewater services. Calpella operates and manages its own wastewater treatment plant but does not have a water treatment plant; it receives raw water via contract from RRFC which is "finished" by Millview CWD via contract. Millview limits the amount of finished water provided to Calpella; this amount is presently being fully utilized Redwood Valley CWD (RVCWD) is in Redwood Valley to the north of the Ukiah Valley. Part of its territory is within the RRFC boundaries and all of its territory is within the place of use for RRFC's permit. Redwood Valley CWD has its own water rights and may receive some surplus water from RRFC. It has a court ordered moratorium for additional connections because of lack of capacity. Hopland Public Utilities District (HPUD) is in the Sanel Valley to the South of the Ukiah Valley. Its territory is within RRFC's boundaries and place of use; it also receives water from RRFC via contract. Hopland PUD provides water and wastewater services; it owns and operates water and wastewater treatment plants. Potter Valley Irrigation District (PVID) is in Potter Valley which is generally Northeast of the Ukiah Valley. PVID is not within the boundaries of RRFC; it provides only irrigation water. PVID has water rights from the Eel River via the Potter Valley Project. Because it is within the watershed of the Russian River and Lake Mendocino and because of the critical nature of the Project water to the Ukiah Valley; it is being included in Part Two. There is an emergency water intertie agreement/connection between the following agencies: City of Ukiah, Redwood Valley CWD, Calpella CWD, Millview CWD, and Willow CWD. The following maps are attached: Exhibit B; Water Districts within the Mendocino County Portion of the Russian River Watershed; Exhibit C; Wastewater Treatment Agencies Within the Ukiah Valley; Exhibit D; Ukiah Valley Fire Agencies. II. MSR REQUIREMENTS The Gov't Code §56430 requires that LAFCO complete an MSR to develop baseline information for establishing or updating spheres of influence as required by Gov't Code Section 56425. The MSR must be done before or in conjunction with the adoption or updating of SOIs. The statute sets forth the requirement that the commission prepare six written determinations to include: (1) Growth and population projections for the affected area; (2) Present and planned capacity of public facilities including infrastructure needs or deficiencies; (3) Financial ability of agencies to provide services; (4) Status of, and opportunities for, shared facilities; (5) Accountability for community service needs, including governmental structure and operational efficiencies; (6) Any other matter related to effective or efficient service delivery required by commission policy. LAFCO has not adopted specific policies related to effective or efficient service delivery. Subsection (b) also requires the commission to "comprehensively review all of the agencies that provide the identified services within the designated geographical area." When the commission determines the SOI of each local agency, G.C. 56425 requires four written determinations: (1) The present and planned land uses in the area; including agricultural and open -space lands; (2)The present and probable need for public facilities and services in the area; (3) The present capacity of public facilities and adequacy of public services that the agency provides or is authorized to provide; (4) The existence of any social or economic communities of interest in the area if the commission determines that they are relevant to the agency. Additionally, when determining the SOI for a district, information specifying the functions or classes of services provided and the nature, location and extent of these functions or classes of services is required. Thus, the Part Two MSR should detail this information. The County of Mendocino has a redevelopment agency that may include some portion of the City's proposed SOL The information and content of the Part One MSR Report must be sufficient to support the written determinations as required by Sections 56425 & 56430 and must be sufficient to inform the commission as to the applicability or non -applicability of the requirements of Section 56425.5 for the City's SOI or any other interests the County's redevelopment agency may have. Except as necessary to make the determinations, the Part One MSR should be limited to the specific determinations required by Sections 56430 and 56425 and need not address conditions, findings or detenninations that are addressed during reorganization proceedings, such as annexations or detachments, including an evaluation of the financial or other impacts to the City or the affected districts resulting from annexation or detachment of territory from each jurisdiction's existing boundaries. Further guidance on the preparation and approval of MSRs is contained in Service Review Guidelines prepared by the Governor's Office of Planning and Research. The Part One Report may consolidate sections, but should provide sufficient content to support recommended determinations that indicate the required element to which they apply. The Part Two Report should provide general or overview section(s) or chapters that provides information and content that is common to the districts plus sections or chapters specific to the individual agencies. III. SCOPE OF SERVICES The proposal should address Part One as described below and the additional tasks and costs associated with Part Two . Part One: City only MSR. The MSR must cover all of the City provided municipal services both within the City and within the 1995 General Plan Proposed SOI. The MSR shall include information about the Millview and Willow County Water Districts, Ukiah Valley Sanitation District, the Ukiah Valley Fire District and Russian River Flood Control District to the extent necessary to address the determinations required by Government Code Sections 56430 and 56425, if City services are to be extended within the 1995 Proposed General Plan SOI. 0 Part Two: Ukiah Valley Area MSR. In addition to reviewing the City of Ukiah, the project may include reviewing and completing MSRs for the following public agencies: Redwood Valley CWD, Millview CWD, Willow CWD, UVSD, Calpella CWD, Hopland PUD, UVFPD, PVII) and RRFC. The Ukiah Valley Area MSR must provide sufficient information and content to address the determinations required by Government Code Section 56430 and 56425 for the present jurisdictional boundaries of these special districts. Upon completion of the MSR, LAFCO will therefore be able to update the respective SOIs. Because formal requests for SOIs beyond the present boundaries of these districts have not been received by LAFCO, it is anticipated that the Part Two MSR study area will be limited to the present jurisdictional boundaries of these districts. However, several districts have indicated the possibility of submitting a request for SOIs to include additional territory beyond their jurisdictional boundaries. IV. TASKS In completing all tasks and work products CONSULTANT recognizes that it is the express desire of LAFCO to: • Conduct the service review process in a collaborative fashion with opportunities for input and review by each of the agencies being reviewed. • Encourage public participation in the service review process • Conduct the required analysis in the most cost effective manner possible. • As described below in Task One (c), the consultant is expected to use any and all available information relevant to the MSR. A list of draft documents and compiled information which is available for review at LAFCO's office is attached to this RFP as Exhibit E.) Create a product that will be useful to the Commission in (1) reviewing and updating Spheres of Influence and future proposals for changes of organization, (2) beneficial to agencies as a planning tool, and (3) readily accessible to, and easily understandable by, the general public. TASK 1 - Information Collection and Review Perform the following tasks for the geographic area included in the City only MSR (Part One) and for the geographic area included in Part Two: a. Review all available information as to the applicability to current circumstances of the agency(s) b. If necessary prepare and distribute a supplemental survey instrument to be used in conjunction with LAFCO's past Requests For Information (RFIs) which may be outdated or propose alternative means for obtaining any additional information the Consultant considers necessary. If surveys are proposed, distribute surveys and work with each agency to ensure completion and collection of survey results. c. Collect current relevant documents for each agency as may be appropriate, such as applicable statutes, maps, master service plans, urban water management plans, sewer system management plans, best practices plans, audits, budgets, regulatory and operating permits, annual reports required by regulatory agencies, orders received from regulatory agencies, engineering reports, other state department reports, county and city general plans, area plans and other documents. d. For the ad hoc committee's approval, either (1) develop a database or presentation format to compile, display and compare relevant survey and other information that will assist in understanding the service ability and capacity of each agency and in preparing determinations and recommendations; or (2) propose an alternative means to accomplish the same result with greater efficiency or less cost. e. Communicate as necessary with LAFCO and City staff and representatives of each affected agency to ensure that all necessary information is presented in a consistent format. f. Enter information collected into the database or presentation format or proposed alternate and prepare an initial report to each affected agency which notes relevant information. g. After ad hoc committee agreement, distribute the database report or proposed alternate to each affected agency for review and verification or propose an alternate means for insuring accuracy of information. h. Prepare final report based on review and verification process. Task 1 timing and work product: On or before (provide DATE) CONSULTANT shall deliver to the ad hoc committee a final database report on all information collected and presented. TASK 2 - Working Draft Reports Part One: City of Ukiah Report Prepare an administrative draft MSR that includes: a. Information about the City's services, capacities, potential future demand and relevant district information as appropriate to the determination categories and as appropriate to the City's SOI territory sufficient to support any proposed determinations and recorn mendations, including maps. b. The database information or proposed alternate from Task 1. c. Recommended written determinations for each of the factors in G.C. 56425 and 56430. d. Recommendation for SOI update action. e. Any recommendations for reorganization. f. Following review by the ad hoc comrmittee, modify the administrative draft as needed. Meet with committee as appropriate. g. Distribute administrative draft to the City and affected agencies for review and written comments. h. Return City's comments to ad hoc committee for final review. Task 2 timing and work product for Part One: On or before (consultant provide Date) CONSULTANT shall deliver to the ad hoc committee a completed City of Ukiah administrative report. Part Two: Ukiah Valley Area Report Prepare an administrative draft MSR that includes: a. Information about the agency's services, capacities, potential future demand and other appropriate information sufficient to support any proposed determinations including maps. b. The database information or proposed alternate from Task 1. c. Recommended written determinations for each of the factors in G.C. 56425 and 56430. d. Recommendations for SOI update action. e. Any recommendations for consolidation or reorganization. f. Following review by the ad hoc committee, modify the administrative draft as needed. Meet with committee as appropriate. 6 g. Distribute administrative draft to affected agencies for review and written comment. h. Return agency's comments to ad hoc committee for final review. Task 2 timing and work product for Part Two: On or before (consultant provide Date) CONSULTANT shall deliver to the ad hoc committee a completed districts administrative report. TASK 3 - Public Draft Reports Part One: City of Ukiah a. Based on the written comments received from the City on the administrative draft report and input from the ad hoc connnittee regarding City input, prepare a Public Review Draft Report. b. In conjunction with LAFCO staff and City staff, distribute the Public Review Draft reports(s) to the Conunissioners, City Council and all affected agencies and interested parties. c. Receive and respond to written continents submitted within thirty days after the public draft Report is provided to affected agencies and interested parties. d. Present the public draft Report along with written comments and response to LAFCO for review and comment at a public workshop and note additional comments. Part One, Task 3 timing and work products: On or before (consultant provide DATE) CONSULTANT shall deliver to the ad hoc committee the Public Review Draft report containing draft determinations and recommendations. Attend and make presentations at one City of Ukiah Task 3 public workshop. Part Two: Ukiah Valley Area Report a. Based on the written comments received from agency(s) on the administrative draft reports and input from the ad hoc committee regarding agency input, prepare a Public Review Draft Report. b. In conjunction with LAFCO staff distribute the Public Review Draft reports(s) to the Commissioners, all affected agencies and interested parties. c. Receive and respond to written comments submitted within thirty days after the public draft Report is provided to agencies and interested parties. d. Present the public draft Report along with written comments and responses to LAFCO for review and continent at a public workshop and note additional comments. Part Two, Task 3 timing and work products: On or before (consultant provide DATE) CONSULTANT shall deliver to the ad hoc committee the Public Review Draft report containing draft determinations and recommendations. Attend and make presentations at one Ukiah Valley Area Task Three workshop. TASK Four: Final Draft Reports Part One: City of Ukiah Based on the information and input received at the LAFCO workshop on the Public Draft and any written comments prepare a Final Report containing: a. A cover and Table of Contents b. Executive Sununary c. Agency information as updated including any applicable maps d. Content and information from Task Two, updated as necessary e. Recommendations for written determinations f. Recommendation for SOI g. Any recommendations for Reorganization h. Present the Final Draft Report to the Commission for adoption at a noticed public hearing. Based on input received at the LAFCO noticed public hearing, prepare an Approved Final Report. Part Two: Ukiah Valley Area Report Based on the information and input received at the LAFCO workshop on the Public Draft and any written connnents prepare a Final Report containing: a. A cover and Table of Contents b. Executive Summary c. Agency information as updated including any applicable maps d. Content and information from Task Two, updated as necessary e. Recommendations for written determinations f. Recommendation for SOIs g. Any Recommendations for Reorganization or consolidation. h. Present the Final Draft Report to the Commission for adoption at a noticed public hearing. i. Based on input received at the LAFCO noticed public hearing, prepare and Approved Final Report. V. PROPOSAL REQUIREMENTS Responses to the RFP must include the following: 1. A statement about the firm that describes the history, competencies and resumes of principal and all professionals who will be involved in the work. This statement shall address the following: • A management level understanding of how the full ranges of municipal services are financed and delivered. • A familiarity with the CKH Act, the role and function of LAFCOs, and the service review process. • Experience with the operations of Cities and water, wastewater and fire districts. • Experience in govermnental organization analysis, including performance measurement and evaluation. • Ability to facilitate and synthesize input from a variety of services. • Ability to interpret varied budget and planning documents. • Experience in identifying and fostering multi -agency cooperation. • Public input processes and handling the presentation and dissemination of information to local agencies and the public for review and comment. • Ability to work cooperatively with divergent interests. 2. Identification of the lead professional responsible for the project and identification of the professionals who will be performing the day-to-day work. 3. Identification of any sub -consultants who will be involved. If sub -consultants are proposed, describe the work they will perform and include the same information for each sub -consultant as required in items 1 and 2. 4. A statement of similar or related experience accomplished in the last three years and references for each project, including the contact name, address and telephone number. 5. Description of the anticipated approach for this project, explicitly discussing any suggested changes to the Scope of Services or the proposed tasks that will improve efficiency or reduce cost. 6. Disclosure of potential conflicts of interest with local agencies in the study area(s) and Mendocino County. 7. Identification of any information, materials and/or work assistance required from LAFCO and City staff to complete the project. 8. Project Schedule including timing of each work task. 9. Information about the availability of all of the professionals who will be involved in the work, including any sub -consultants. 10. The anticipated cost including: • A not -to -exceed total budget amount for Part One • A not -to -exceed total budget amount for Part Two. • The Cost for each major task identified in the Scope of Services provided according to Part One and Part Two tasks. • The hourly rates for each person who will be involved in the work, including the rates for sub -consultants. 11. One copy of a completed MSR which your firm has prepared that has been accepted and adopted by a LAFCO agency. VI. SCHEDULE The MSR is needed for SOI updates which Government Code Section 54625 required LAFCO to complete by January 1, 2008. The proposal need not include overtime or other costly measures to accelerate the schedule for completing the work. The consultant should submit a work plan and time schedule for completion of the project within a reasonable time. The City would like to complete the City only MSR (Part One) by the summer of 2011. Part Two completion can occur after this time. VII. NUMBER OF MEETINGS AND DELIVERABLES A. Meetings. The proposal should include at least 2 meetings with the ad hoc committee for Part 1 and 2 meetings for Part 2 while collecting information and preparing the analysis. Meetings shall occur as necessary with the respective agencies and the Executive Officer while collecting information and preparing the analysis. The proposal should include participation in at least 2 public hearings or workshops for Part 1 and 2 for Part 2. The proposal should include a basis for charging for additional meetings as may be needed and shall include a basis for crediting meetings that did not occur. The proposal may include options and alternatives regarding meetings, such as teleconferencing for committee meetings. B. Deliverables. As indicated in the Scope of Services above. All deliverables shall be submitted in hardcopy and electronic format (Word and PDF). VIII. OPTIONAL PRE -PROPOSAL MEETING Interested consultants are encouraged to attend a pre -proposal meeting to be held on April 28, 2011, at 1:30 p.m. at City of Ukiah 300 Seminary Ave., Conference Room 3, Ukiah, CA. 95482. Interested consultants may participate by telephone. If interested in calling in, contact the LAFCO Executive Officer for details (707 463 4470). At the meeting, the committee will provide information which may be helpful in preparing a focused proposal, and will also attempt to answer questions. No statements at the meeting by the committee or others will be deemed to alter the terms of this RFP, unless included in a formal written addendum to the RFP issued after the meeting. The LAFCO ad hoc committee or its Executive Officer as directed by the committee, will respond in writing to any written questions submitted by interested consultants before May 3, 2011. Copies of any written responses to questions from interested consultants will be circulated to all consultants who have requested this RFP. IX. EVALUATION PROCESS Part 1 The ad hoc committee with a City representative will review the proposals, evaluate submissions, contact references, and rank the proposals. The ad hoc committee will interview two or more of the top ranked proposals. The ad hoc cormnittee may conduct additional negotiations with one or more of the consultants interviewed. The ad hoc committee in consultation with the City staff will recommend the award of the contract to the LAFCO Commission and the City Council, both of which must approve the budget, total costs and award of the contract for Part One, City only MSR. Part 2 The ad hoc committee without a City representative will review the proposals, evaluate submissions, contact references, and rank the proposals. The ad hoc conunittee will interview two or more of the top ranked proposals. The ad hoc committee may conduct additional negotiations with one or more of the consultants interviewed. The ad hoc committee will recommend the award of the contract to the LAFCO Commission which must approve the budget, total costs and award of the contract for Part Two, Ukiah Area MSR. X. CONSULTANT SELECTION The following attributes will be considered in determining the award of the contract: 1. Responsiveness and quality of proposal. 2. Expertise in writing MSRs and an ability to produce a clear, well -researched and definitive product. 3. Ability to work with pertinent parties and knowledgeable experts. XI. ADDITIONAL INFORMATION 1. Insurance: Consultant must satisfy the insurance requirements set forth in Exhibit F attached to this RFP. 2. Contract Provisions: LAFCO reserves the right to reject any and all proposals, waive any irregularity in the proposals and/or conduct negotiations with any firms, whether or not they have submitted a proposal. 10 XII. SUBMITAL 1. The deadline for submittal is no later than 5:00 p.m. on Tuesday, May 17, 2011. 2. Six hard copies are required. However, in order to meet the deadline the proposal may be emailed to the below address with follow-up delivery within 3 business days after the deadline. Deliver to the Local Agency Formation Commission of Mendocino County, Attention: Ad Hoc Committee, CIO Frank McMichael, Executive Officer, 200 S. School St., Ukiah California 95482 3. Whether emailed or delivered, any proposal received after the deadline will not be considered. 4. All hardcopy materials shall be submitted in a sealed envelope that is clearly marked with the title of the RFP. All proposals, whether selected or rejected, shall become the property of LAFCO for PART One and Two and additionally the City for Part One. 5. Proposals shall be signed by an authorized employee or officer of the consultant company in order to receive consideration. 6. LAFCO is not responsible for proposals delivered to a person/location other than that specified herein. Any questions or requests for information concerning the MSR shall be in writing and may be delivered by mail or email to: Frank McMichael, Executive Officer, 200 S. School St. Ukiah, CA 95482. Email: franklmmichael@ mendolafco.or,,. (707 463 4470). Unless minor, all questions or requests for information will be referred to the ad hoc committee. The RFP includes the following Exhibits: • Exhibit A --Map of City of Ukiah's 1995 SOI • Exhibit B --Water Districts Within the Mendocino County Portion of the Russian River Watershed • Exhibit C --Wastewater Agencies Within the Ukiah Valley • Exhibit D --Ukiah Valley Fire Agencies • Exhibit E --List of Documents and Compiled Information • Exhibit F --Statement as to Insurance Requirements Map Exhibits A, B, C & D are provided separate from this document. Exhibits E and F are attached on the following pages. 11 r ice\ - 6e re4 4 10� v co co CD C Ll 0) O 10 ca U V U Q U 0 = O ._ N •� U ..LO.. O m N p CO o LL U U m Q L L _ o Mn o - 0 O f6 .— O O L U Q U E L f6 ' 3 , % m x O j o m co c a c ccu fl� cn 3 0T)c o 3 N m N N 3� a 2- Q ? '� o U)n to a w v 122 C) �_ w w= a CD 0o G�\ aoaoo �x o®o i i � 1 1 1 � � � � r 4-2 -V� k l � O N o R L � � 0 ■ lk VW L Uo o� a O DC r fit) L or �o Pl r U) ■ ■ N=N ss�2 Z r ice\ - 6e re4 4 10� v co co CD C Ll 0) O 10 ca U V U Q U 0 = O ._ N •� U ..LO.. O m N p CO o LL U U m Q L L _ o Mn o - 0 O f6 .— O O L U Q U E L f6 ' 3 , % m x O j o m co c a c ccu fl� cn 3 0T)c o 3 N m N N 3� a 2- Q ? '� o U)n to a w v 122 C) �_ w w= a CD 0o G�\ aoaoo �x o®o i i � 1 1 1 � � � � r 4-2 -V� k l � N o R - o lk a Uo o� a � O r fit) or �o Pl r 3 U a N=N ss�2 Z , i \ i `= -�t33als � i .f w 3iais luaoN 1 \ , o LL r 3 itiltili�tifi�(, i / s�EEI yot '\ ;% i LL J ( EEI O z � ; I �J \ \I m 1 be � A s� o yJ � s 1 � cs o1 I 5oµ. rc I o \ I r ,c Nom. ypS50 pHJ Naas z /.-' a ' J}r w 0 2 O W � I - - - � w -L 1 i 7'M\1 - `= -�t33als � .f w 3iais luaoN F- LL o LL r 3 itiltili�tifi�(, � s�EEI '\ ;% 2 3Na11NIllOL J ( EEI O z be � A s 1 � / - - - d lO V ¢ y u m s� `2 t S y onmmox+urma�omw Y — 1 f � yp�R siRE� yt - 1 5 REEr \ ( WSNs \f + w i .? u 1 3 \ i u 3 \ 5 / t i f � � r d lO V ¢ y u m s� `2 t S y onmmox+urma�omw Y — 1 f � yp�R siRE� yt - 1 5 REEr \ ( WSNs \f + w i .? u 1 3 \ i u 3 \ 5 / f - d lO V ¢ y u m s� `2 t S y onmmox+urma�omw Y — 1 f � yp�R siRE� yt - 1 5 REEr \ ( WSNs \f + w i .? u 1 3 \ i u 3 \ 5 Exhibit E List of Draft Documents and Compiled Information Water Document Title Author/Preparer Date Drinking Water Adequacy Department of Health Assessment Services April 2002 Ukiah Valley — Mendocino County Drinking Water Field Operations Drinking Water Adequacy Department of Public Health Assessment Drinking Water Field Nov. 2007 Ukiah Valley — Mendocino County Operations (Draft) Aquifer Characterization of the Greystone Environmental Masonite Plant Property Ukiah CA Consultants Inc Nov 2002 Ground -Water Resources U.S. Geological Survey July 1986 In Mendocino County California California Department of Water Resources and Mendocino County Redwood Valley Water Supply And Carpenter & Mitchell Sept 1965 Distribution Consulting Engineers & Surveyors Engineering Report For Department of Health May 5. 1988 Consideration Services Of The Permit Application From Public Water Supply Branch Redwood Valley County Water District Irrigated Water Needs and Prepared For Mendocino July 2008 Management in the Mendocino County County Portion of the Russian River UCCE County of Mendocino Watershed Urban Drought Guidebook (Draft) State of California Aug 2007 Department of Water Resources An Inventory of Water Use and Sari Sommarstrom, Ph.D. Sept 1986 Future Needs in the Russian River Basin Of Mendocino County History of Development of the Water Sonoma County Water Feb. 2002 Resources of the Russian River Agency Robert Beach 12 Biological Opinion for Water Supply, Sept. 2008 Flood Control Operations and Channel Maintenance conducted by the U.S. Army Corps of Engineers, the Sonoma County Water Agency and the Mendocino County Russian River Flood Control and Water Conservation Improvement District in the Russian River Watershed Urban Water Management Plan Ukiah Utilities Nov 2002 2002 Update Kennedy Jenks Consultants Final City of Ukiah 2005 Urban Brown and Caldwell Nov 26, 2007 Water Management Plan LAFCO Service Impact Report DDR LAFCO Executive Officer August 2009 Specific Plan Interim Report LAFCO Executive Officer Feb. 7 2007 Ukiah Valley Russian River Watershed Municipal Service Review Staff Report Russian River Watershed State Water Resources Aug 1997 Control Board Division of Water Rights City of Ukiah Water Systems Engineering, Feb. 9, 2007 Deposit Analysis Report Inc. Well No. 4 Russian River Watershed/Ukiah LAFCO Executive Officer Jan. 2010 Valley Municipal Service Review (Administrative Draft) History of Development 3-Ring Binder containing Russian River Watershed various information about watershed The Russian River Sonoma County Water August 1996 An Assessment of Its Condition and Agency Governmental Oversight Robert F. Beach Amendment of Water Right Permit Initial Study May 2006 12952 (Application 15704) for the Prepared by: Leonard Charles City of Ukiah and Water Right and Associates License 492 and Permit 13936 (Application 3601 and 17587, respectively) for Millview County Water District Engineering Analysis for Millview Rau and Associates Jan. 15, 2002 County Water District, Mendocino Civil Engineers & Land County, California Surveyors 100 N. Pine St. Ukiah, CA 13 Redwood Valley Water Supply And Carpenter & Mitchell Sep, 1965 Distribution Consulting Engineers & By Executive Officer Surveyors Final Report 811 College Ave. Santa, Rosa May 1993 Wastewater Treatment Plant Upgrade CA Engineering Report In The Matter of Department of Health May 1988 the Permit Application From Services Redwood Valley County Water Public Water Supply Branch District Reservoir Regulation Manual For U.S. Army Engineer District April, 1959 Coyote Dam San Francisco, California County of Mendocino Draft Terra Scan Environmental Impact Report Rural and Urban Planning on the adoption of the Environmental Consulting March 1979 Redwood Valley — Calpella Eureka, CA Conservation Plan Natural and Cultural Resources of the Terra Scan March 1979 Northern Ukiah and Redwood Valley Rural and Urban Planning Areas Environmental Consulting Eureka, CA The Upper Russian River Watershed: Alison Whipple Winter 2004 A Hydrological Overview Compilation of Water Information Accumulated by LAFCO E.O. in 3 - Ring Binder Compilation of various information 3 -Ring Binder about Russian River Permits from Division of Water Rights, State Water Resources Control Board Accumulated by Executive Officer Water Supply Assessment for the Mendocino County Water August, 2010 Ukiah Valley Area Plan (Draft) Agency Response letter to Water Supply LAFCO Executive Officer August 31, Assessment for the Ukiah Valley '2010 Area Plan Wastewater Document Title Author/Preparer Date Compilation of Wastewater 3 -Ring Binder Information By Executive Officer Final Report Kennedy/Jenks Consultants May 1993 Wastewater Treatment Plant Upgrade Facilities Plan City of Ukiah, California 14 Technical Memoranda for the Brown and Caldwell June 2003 Wastewater Treatment Plant Improvement Project Wastewater Collection System and Kennedy Engineers August 1977 Treatment Improvements John B. Dykstra & Associates Jan. 2003 City of Ukiah And Seifel Consulting Initial Study and Mitigated Negative Scheidegger & Associates May 2004 Declaration In Association with Brown and Wastewater Treatment Plant Caldwell Improvement Project Ukiah Utilities City of Ukiah & Ukiah Valley LAFCO Executive Officer June 2010 Sanitation District Wastewater Service Review (Draft—Not Adopted) City of Ukiah PMC Sept. 2008 Ukiah Valley Sanitation District 2729 Prospect Park Drive Wastewater Municipal Service Review Suite 220 (Administrative Draft — Not Adopted) Rancho Cordova, CA 2003 Flow Monitoring Study June 24, CyofTIah CA T�- 2003it Wastewater Treatment Plan Improvement Project Planning Phase Report — Technical Memorandum Ukiah Valley Sanitation District Ordinance 29 Sewer Lateral Testing Ordinance City of Ukiah Ordinance No. 1091 Sewer Lateral Ordinance Participation Agreement Between The July 19, 1995 City of Ukiah and The Ukiah Valley Sanitation District Final Report of the City of Joint Ad Hoc Committee August 2008 Ukiah/Ukiah Valley Sanitation District Joint Ad Hoc Committee Redevelopment Document Title Author/Preparer Date Redevelopment Plan For The May 7, 2003 Mendocino County Redevelopment Project Area Mendocino County Redevelopment John B. Dykstra & Associates Jan. 2003 Project And Seifel Consulting Preliminary Report 15 Mendocino County Redevelopment John B. Dykstra & Associates Jan. 2003 Project And Seifel Consulting Preliminary Report Appendices Wainwright & Ramsey Inc. Sept. 1974 Mendocino County Redevelopment John B. Dykstra & Associates May 2003 Project And Seifel Consulting Report on the Redevelopment Plan William R. Zion for Local Fall 1984 Volume One Agency Formation Commission Mendocino County Redevelopment John B. Dykstra & Associates May 2003 Project And Seifel Consulting Report on the Redevelopment Plan CWC -HDR, Inc. Sept. 1986 Volume Appendices Volume Two An HDR Infrastructure Final Environmental Impact Report County of Mendocino and the May 3003 For the Proposed Redevelopment Redevelopment Agency of Project Mendocino Count Final Report Economics and Planning March 2007 Reorganization or Other Studies Document Title Author/Preparer Date 2007/2008 Mendocino County Grand June 30, 2008 Jury Final Report Spheres of Influence of Cities and Wainwright & Ramsey Inc. Sept. 1974 Special Districts of Mendocino Consultants on Municipal County Finance Mendocino County William R. Zion for Local Fall 1984 Sphere of Influence Study Agency Formation Commission Ukiah Valley Wide Task Force Ukiah Valley Wide Task Force Oct. 1991 Report and Recommendations Feasibility Study for Consolidation of CWC -HDR, Inc. Sept. 1986 Water Services in the Ukiah Valley An HDR Infrastructure for Company Mendocino County LAFCO 3461 Robin Land Cameron Park, California Final Report Economics and Planning March 2007 Ukiah Valley Growth Prospects Systems Berkeley, California Joint Powers Agreement for Inland Sept 1996 Water and Power Commission 10 City of Ukiah Documents nnn»maf Titles A nthnr/PrPnarPr Date. City of Ukiah Planning and Community Adopted General Plan Development Department December 1995 Growth Management Plan City of Ukiah Amended June, Volume I 16, 2004 General Plan Housing Element PMC 2009-2014 Update 1590 Drew Avenue, Suite 120 Revised Draft Environmental Leonard Charles & Associates October 2002 Impact Report 7 Roble Court Orr Creek Bridge and Orchard San Anselmo, California Avenue Extension Project Preliminary Drainage and Utility Prepared for: Sept. 12, 2008 Servicing Study Beverly Prior Architects Criminal Justice Center Feasibility 222 Sutter Street, 9th Floor Study at Brush Street Triangle San Francisco, CA Ukiah, Mendocino County, CA Prepared By: Rau And Associates, Inc. Ukiah, California City of Ukiah Storm Water City of Ukiah Feb. 28, 2006 Management Plan Department of Public Works City of Ukiah Harris & Associates July 7, 2004 Pavement Management Program Update Final Report Ukiah Municipal Airport Shutt Moen Associates Adopted by Master Plan Report Santa Rosa, California City July 3,1996 Preliminary Draft City of Ukiah March 2007 City MSR Plus Additional Information (Not Adopted) Ukiah Police Strategic Plan 2010- 2015 City of Ukiah Budgets Years as needed County of Mendocino Documents llnm�mant Titla Anthnr/PrPnn nr late County of Mendocino PMC Feb. 2009 General Plan Update 1590 Drew Avenue, Suite 120 Final Environmental Impact Report Davis, CA Volume I County of Mendocino PMC Feb. 2009 General Plan Update 1590 Drew Avenue, Suite 120 Final Environmental Impact Report Davis, CA Volume II -A 17 County of Mendocino PMC Feb. 2009 General Plan Update 1590 Drew Avenue, Suite 120 2007 Final Environmental Impact Report Davis, CA Volume II -B General Plan Update & PMC Environmental Impact Report 1590 Drew Avenue, Suite 120 2/22/2010 Comment and Response Matrix Davis, CA Feb. 2009 Environmental Impact Report (EIR) Entrix, Inc. Nov 2006 Mill Creek Project 590 Ygnacio Valley Road, Mendocino County Suite 200 Walnut Creek, CA Traffic Impact Study for the Whitlock and Weinberger Oct. 28, 2009 Pinoleville Pomo Nation Rancheria Transportation, Inc. Casino in the County of Mendocino 490 Mendocino Ave. Suite 201 Santa Rosa, CA County of Mendocino Mendocino County Planning December Draft Ukiah Valley Area Plan Department and Building 2010 (WAP) Services 501 Low Gap Road Ukiah, CA Draft Program EIR (DEIR) for the Feb. 7, 2011 Draft 2007 Ukiah Valley Area Plan (WAP) Fire Document Title Author/Preparer Date Future Fire Service Organization For The Ukiah Valley Bi Lice P. Evans Spring 1974 Ukiah, California Emergency Services Consulting, Inc. 2007 Master Plan Fire Protection and Emergency Services — Final Report Response by City of Ukiah to: 2/22/2010 Ukiah Valley Fire Municipal Service Review General Information Questionnaire plus Associated Documents Special Districts Document Title Author Date Potter Valley Irrigation District Aug 2008 MSR RFI Questionnaire Return Plus Additional Information Millview County Water District 2005-2006 RFI Questionnaire Return Plus Additional Information Millview CWD Master Service Rau and Associates, Inc. Dec 1993 Element for Willow County Water District Oct 2003 MSR RFI Questionnaire Plus Additional Information Calpella County Water District Oct 2003 MSR RFI Questionnaire for Plus Additional Information Redwood Valley CWD MSR RFI Questionnaire Plus Additional Information 19 Exhibit F LOCAL AGENCY FORMATION COMMISSION AND CITY OF UKIAH INSURANCE REQUIREMENTS FOR CONSULTANTS Consultant(s) shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant(s), his agents, representatives, or employees. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office ("ISO) Commercial General Liability Coverage Form No. CG 20 10 10 01 and Commercial General Liability Coverage — Completed Operations Form No. CG 20 37 10 01. 2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 "any auto" or Code 8, 9 if no owned autos and endorsement CA 0025. 3. Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. 4. Errors and Omissions liability insurance appropriate to the consultant's profession and the scope of work. B. Minimum Limits of Insurance Consultant shall maintain limits no less than: General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Worker's Compensation and Employers Liability: Worker's compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 4. Errors and Omissions liability: To be determined based on the scope of work. W C. Deductibles and Self -Insured Retentions Any deductibles or self-insured retentions must be declared to and approved by the LAFCO. At the option of the LAFCO, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects to LAFCO, the City of Ukiah ("City"), and their officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: General Liability and Automobile Liability Coverages a. LAFCO, the City, and their officers, officials, employees and volunteers are to be covered as additional insureds as respects; liability arising out of activities performed by or on behalf of the Consultant, products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, hired or borrowed by the Consultant for the full period of time allowed by law, surviving the termination of this Agreement. The coverage shall contain no special limitations on the scope -of -protection afforded to the LAFCO, the City, and their officers, employees or volunteers. b. The Consultant's insurance coverage shall be primary insurance as respects to LAFCO, the City, and their officers, officials, employees and volunteers. Any insurance or self-insurance maintained by LAFCO, the City, and their officers, employees or volunteers shall be in excess of the Consultant's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the LAFCO, the City, and their officers, employees or volunteers. d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against LAFCO, the City, and their officers, officials, employees and volunteers for losses arising from Consultant's performance of the work, pursuant to this Agreement. 21 3. Professional Liability Coverage If written on a claims -made basis, the retroactivity date shall be the effective date of this Agreement. The policy period shall extend from the retroactivity date to one year following completion of services under the Agreement. 4. All Coverages Each Insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to LAFCO and the City. E. Acceptability of Insurers Insurance is to be placed with admitted California insurers with an A.M. Best's rating of no less than A- for financial strength, AA for long-term credit rating and AMB -1 for short-term credit rating. F. Verification of Coverage Consultant shall furnish the LAFCO and the City with Certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by LAFCO. All Certificates and Endorsements are to be received and approved by LAFCO before Consultant begins the work of this Agreement. The LAFCO and the City reserve the right to require complete, certified copies of all required insurance policies, at any time. If Consultant fails to provide the coverages required herein, LAFCO and the City shall have the right, but not the obligation, to purchase any or all of them. In that event, after notice to Consultant that LAFCO or the City has paid the premium, the cost of insurance may be deducted from the compensation otherwise due the contractor under the terms of this Contract. G. Subcontractors Consultant shall include all sub -contractors or sub -consultants as insured under its policies or shall furnish separate certificates and endorsements for each sub- contractor or sub -consultant. All coverage for sub -contractors or sub -consultants shall be subject to all insurance requirements set forth in these insurance requirements.