Bids

CITY ATTORNEY
REQUEST FOR QUALIFICATIONS

The City of Point Arena (City) is seeking a law firm or individual attorney to provide City Attorney services on a contract basis. Law firms and attorneys are invited to submit qualifications and proposals for the provision of these services. In order to be considered, proposals must address each of the concerns requested in this document, including rates and fees.

DEADLINE FOR SUBMISSION

All proposals must be received no later than 4:00 pm on Thursday June 21, 2023

INTRODUCTION

The City of Point Arena is a small coastal community of 460 located in Mendocino County. It is home to Point Arena Cove and Pier and the Point Arena-Stornetta Lands of the California Coastal National Monument. The City of Point Arena, a general law city incorporated in 1908, is located entirely in the Coastal Zone and is subject to the regulations of the Coastal Act of 1976. Point Arena has a council/manager form of government, with five Councilmembers who are elected as the City’s legislative and policymaking body. Under their direction, the City Manager is responsible for the daily administration of the city.

SCOPE OF SERVICES/ DESCRIPTION OF RESPONSIBILITIES

The City Attorney will be required to provide general municipal counsel, basic legal services, and advice on special projects. The City requests one attorney be designated as the point of contact or lead attorney. Accessibility to and a timely response from the attorney is essential to the position.

Minimum qualifications include a Juris Doctorate from an accredited law school, a license to practice law in the State of California, and be a member in good standing of the California Bar. Experience with California municipalities and knowledge of Municipal and State Law, Labor Law , and Contract Law is preferable.

General municipal counsel of the City Attorney duties include but are not limited to: (1) having charge of all litigation in which the City is a party; (2) representing the City in all legal matters and proceedings in which the City is a party or interested, or in which any of its officers are parties in their official capacity; (3) advising the City Council or any committee or member thereof, and the heads of all departments, and all other officers and agencies of the City as to all legal questions affecting the City’s interest; (4) approving as to form all ordinances, contracts, deeds, bonds and any other documents to be signed in the name of, or made to or with, the City; and (5) advising the City concerning all land use issues, including CEQA compliance, planning and zoning issues, and Coastal Act requirements.

Basic legal services include: (1) reviewing or drafting ordinances, resolutions, contracts, agreements, deeds, easements; (2) providing advice regarding government operations, elections, open meetings, open records, City ordinances, State law, routine matters, personnel matters, and property matters including real estate acquisition and sale, annexation, zoning, condemnation and public finance; (3) reviewing agendas and materials for Council meetings, anticipating and preparing legal advice on items to be addressed at the Council meeting, and attending at minimum the regular City Council meeting which are generally held on the fourth Tuesday evening of each month; and (4) providing legal opinions upon request.

Generally, the City Attorney may anticipate the job requiring 12 to 20 hours per month. City staff may work in-house to produce initial drafts, such as of City ordinances and resolutions, prior to the attorney’s review. The City may also seek outside specialized counsel as necessary.

The City Attorney will be required to provide a detailed, itemized billing on a monthly basis, in order to avoid misunderstanding. A standing request exists for legal review of contracts, ordinances and resolutions presented to Council for consideration at its regular meeting in addition to anticipating and preparing legal advice on issues up for consideration, as well as attendance at the regular Council meetings. The City Attorney is required to provide legal services upon request of the City Manager, the Mayor, or by direction of the Council as a whole. For all other requests, including citizen’s inquiries, approval by the City Manager or the Mayor prior to commencement of service is required.
REQUESTED INFORMATION

If you or your firm is interested in the opportunity to work with the City, please provide the following information:

• Firm or individual name and contact information, including e-mail and website addresses and year organized.

• Summary of qualifications, specializations, experience (including municipal), professional affiliation, special training, availability, California Bar license numbers, and contact information for key personnel and proposed lead and back-up attorneys for the City.

• Information on any previous experience or services provided, including municipal experience, such as general City Attorney services, city-related court cases, condemnation, eminent domain, zoning, litigation experience, list of past or present municipal clients, etc.

• List of clients you currently represent that could cause a conflict of interest with your responsibilities as City Attorney. Describe how you would be willing to resolve these or any future conflicts of interest.

• If your firm or you have filed any litigation in the past five years in which the City or one of its employees was named as a party, please describe the case(s).

• Other factors or special considerations you feel would influence your selection.

• List of references and contact information.

• Proposed hourly rates for each attorney assigned to the City or any alternative fee structure you propose.

OTHER TERMS AND CONDITIONS:

The City reserves the right to reject any or all responses. The City reserves the right to waive any variances from original RFQ specifications in cases where the variances are considered to be, in the sole discretion of the City, in the best interests of the City.

All proposals submitted in response to this RFQ shall become the property of the City. The City retains the right to use any or all information presented in any proposal to the RFQ, whether amended or not. Selection or rejection of the proposal does not affect this right.

Contracts shall be awarded to the applicant determined to be best qualified to meet the City’s needs, with a mutually agreeable start date.

EVALUATION AND SELECTION CRITERIA

• General qualifications of the candidate for the position and key support personnel
• Quality and extent of services available
• Experience
• References
• Costs
• Compliance with this Request for Qualifications
• Other criteria which pertain to providing effective and efficient legal services such as availability for questions and contact, timeliness, responsiveness and follow-through

SUBMITTAL

Please provide one unbound copy of the proposal with the signature of an authorized individual on a typed letter of submittal. Proposals may also be emailed but will not be considered without a hard copy proposal.

Proposals shall be submitted in a sealed envelope, clearly marked on the outside of the envelope, “City Attorney Services” and addressed to:

City of Point Arena
Attn: Paul Andersen, City Manager
PO Box 67
Point Arena, CA, 95468

Any questions regarding this submittal may be addressed to the Clerk at (707) 882-2122 or cm@pointarena.ca.gov. City Hall, located at 451 School Street, Point Arena, is open to the public Mon-Thurs 9am-4pm.

NOTICE INVITING BIDS

Mill Street Improvement Project
Project # 2021-03

Bid Documents

1. Notice is hereby given that sealed bids will be received by the City Clerk of the City of Point Arena, 451 School Street, Point Arena, California 95468 on or before 2:00pm on August 26, 2021. Bids will be opened and read publicly at that time.
2. The City proposes to perform roadway improvements along approximately 700 feet of Mill Street and approximately 240 feet of Center Street. Proposed work on consists of the removal and disposal of deteriorating asphalt concrete (AC) paving, placement of new AC paving, improvements to existing drainage facilities, replacement of deteriorating sidewalks and driveways, and restriping of the traveled way. Engineer’s opinion of probable cost to perform this work is $1,518,720.50.
3. An electronic copy of Plans and Specifications may be obtained at City Hall, 451 School Street, Point Arena, California 95468. There will be a fifty dollar ($50) non-refundable charge for each thumb drive.
4. Questions concerning the Project or the bid package must be in writing and must be submitted in person or by email to Jason Island, SHN Consulting Engineers and Geologists, 335 S. Main Street, Willits, CA 95490, jisland@shn-engr.com.
5. In accordance with California Public Contract Code Section 20170, all bids must be presented under sealed cover and include one of the following forms of bidder’s security: cash, cashier’s check made payable to the City, certified check made payable to the City, or a bidder’s bond. The amount of bidder’s security provided must equal at least ten (10) percent of the total of the bid price for the base bid and the additive or deductive items listed in this notice.
6. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Project is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the Project. The Director of Industrial Relations has determined the general prevailing wage per diem rates for work in the locality in which the Project is to be performed. In accordance with California Labor Code Section 1773.2, copies of the applicable determinations of the Director are on file in the City Clerk’s Office and may be reviewed upon request.
7. Pursuant to California Public Contract Code Section 3300, a Class A California contractor’s license is required to bid on the Project.
8. Except where prohibited by federal regulations or policies, the successful bidder may, on request and at its expense, substitute securities in lieu of amounts withheld by the City from progress payments to ensure performance under the contract in accordance with the contract documents. Such securities will be subject to the terms of the escrow for security deposit agreement contained in the contract documents.
9. Pursuant to California Labor Code Section 1771.1, this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). A Contractor may not bid, nor be listed as a subcontractor for any bid proposal submitted for public work without first registering with the DIR and paying the annual fee. Application and renewal are completed online at http://www.dir.ca.gov/Public-Works/PublicWorks.html. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. If you are not registered and are offered the contract for construction will need to register with DIR prior to the City executing the construction contract.
10. The City of Point Arena reserves the right to postpone the date and time for the opening of proposals at any time prior to the date and time announced in the advertisement in accordance with applicable law.
11. The City reserves the right to reject any and all bids and/or to waive any bid irregularities to the extent permitted by law. If the City elects to award a contract for performance of the Project, the contract will be awarded in accordance with Public Contract Code Section 20103.8 and other applicable law to the responsible bidder submitting a responsive bid with the lowest bid on the base contract without consideration of the prices on the additive or deductive items.
12. All bids will remain valid for 90 days after the bid opening. Except as permitted by law and subject to all applicable remedies, including forfeiture of bidder’s security, bidders may not withdraw their bid during the 90 day period after the bid opening.

ADDENDUM #1: August 17, 2021 

Question 1: On plan C-15 refers to detail #2 which is a retaining wall L shape, it is called out on the typical cross section, but not called out in the layout sheets. Can you let me know how long and how tall this wall is and where it is located on the project?

Response 1: The retaining wall will be located along the back of walk on the south side of Mill Street from approximately 6+50 to 9+35. The wall height will vary between 6” and 24”, but an average height of 16” should be assumed for bidding purposes.

Question 2: Detail #3 sheet C-15 shows concrete stairs. This detail shows agg base then stair with an option to pour in solid concrete. If aggregate base is used is there a detail for side retaining walls? With the stair side retaining walls how will those be tied into other construction?

Response 2: Solid concrete stairs should be assumed for bidding purposes.

Question 3: Page or sheet 5 of the project specifications and also duplicated in the project bid documents mentions raw water and sanitary sewer tie in’s and the need for 1m gallon of temp storage tanks to be placed prior to start of construction. The plans and bid items only call out for replacement of storm drain. Can you please clarify what will be needed for this project specifically referring to all the items on sheet 5.

Response 3: Section 1.09 of Section 01-10-00, Summary of Work, shall be omitted from the project specifications.

Question 4: Project permits at the contractor’s expense are mentioned throughout the specifications, sheet 7 specifically. Please verify what permits will be required and what the fee’s will be.

Response 4: No additional permits are anticipated for the project.

Question 5: Sheet 91 mentions trench dewatering, do you have geo tech reports for this project? Or do you know where the water table depth is along Mill Street?

Response 5: A geotechnical report was not prepared for this project. The water table depth along Mill Street is unknown.

Question 6: Sheet 85 mentions unsuitable material if found will be the burden of the contractor to repair / remove / replace. Can you verify if you expect unsuitable subgrade, what locations and what quantity is expected?

Response 6: Unsuitable subgrade material is not expected within the project footprint.

Question 7: Sheet 97 mentions traffic strip, however there are no plans showing any traffic stripe required. Will traffic stripe be required on this project, if so what type and quantity?

Response 7: Traffic stripe will not be required as part of this project.

Question 8: I noticed that on sheet 114 it is requiring a temp field office? Will that be required?

Response 8: A temporary field office is not required but should conform with the requirements of Section 01 50 00 if utilized.

Question 9: There is no mention of WPCP or SWPPP, I assume this is covered by the city general permit?

Response 9: A SWPPP will be required for the project.

Question 10: Do you know what the existing section is along this section of Mill Street, I haven’t found mention of it in the plans or specifications?

Response 10: The existing section along Mill Street is unknown.

Addendum #2: August 19, 2021

Bidders are required to list the Department of Industrial Relations (DIR) Number for subcontractors identified in the Bid Proposal. Bidders should use the attached revised Designation of Subcontractors form, which includes a column for subcontractor DIR Numbers, in place of the original Designation of Subcontractors form (page 42) of the Bid Forms (Volume I).

Administrative Note

This Bid package contains two projects (“Mill Street” and “Center Street/Riverside”) with two separate funding sources.  These projects are immediately adjacent to each other with a small portion being on Riverside Dr.

 The low bid determination for the bid package which includes both separately funded projects will be the total combined price for both projects, as illustrated in the Bid Schedule. 

 Two separate construction contracts will be issued for the two named projects.  These contracts have the same contract requirements such as bonding, wages, execution, billing and reporting requirements.

 This is necessary to fulfill the City’s administrative obligation to the State level funding sources and the City’s reporting requirements for reimbursement. Both projects will need to be invoiced and billed separately. Guidance and assistance will be provided during the pre-construction period and throughout the project to ensure administrative consistency with the funding sources.

Bid Documents

NOTICE INVITING BIDS

Point Arena Pier Repair
Project # 2021-02

Bid Documents

1. Notice is hereby given that sealed bids will be received by the City Clerk of the City of Point Arena, 451 School Street, Point Arena, California 95468 on or before 2:00pm on July 22, 2021. Bids will be opened and read publicly at that time.

2. The City proposes to replace damaged components of the Arena Cove Pier including nine wooden fender piles and one steel guide pile. Engineer’s opinion of probable cost to perform this work is $73,920.

3. An electronic copy of Plans and Specifications may be obtained at City Hall, 451 School Street, Point Arena, California 95468. There will be a fifty dollar ($50) non-refundable charge for each thumb drive.

4. Questions concerning the Project or the bid package must be in writing and must be submitted in person or by email to Scott Perkins, SHN Consulting Engineers and Geologists, 335 S. Main Street, Willits, CA 95490, sperkins@shn-engr.com.

5. In accordance with California Public Contract Code Section 20170, all bids must be presented under sealed cover and include one of the following forms of bidder’s security: cash, cashier’s check made payable to the City, certified check made payable to the City, or a bidder’s bond. The amount of bidder’s security provided must equal at least ten (10) percent of the total of the bid price for the base bid and the additive or deductive items listed in this notice.

6. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Project is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the Project. The Director of Industrial Relations has determined the general prevailing wage per diem rates for work in the locality in which the Project is to be performed. In accordance with California Labor Code Section 1773.2, copies of the applicable determinations of the Director are on file in the City Clerk’s Office and may be reviewed upon request.

7. Pursuant to California Public Contract Code Section 3300, a Class A California contractor’s license is required to bid on the Project.

8. Except where prohibited by federal regulations or policies, the successful bidder may, on request and at its expense, substitute securities in lieu of amounts withheld by the City from progress payments to ensure performance under the contract in accordance with the contract documents. Such securities will be subject to the terms of the escrow for security deposit agreement contained in the contract documents.

9. Pursuant to California Labor Code Section 1771.1, this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR). A Contractor may not bid, nor be listed as a subcontractor for any bid proposal submitted for public work without first registering with the DIR and paying the annual fee. Application and renewal are completed online at http://www.dir.ca.gov/Public-Works/PublicWorks.html. No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. If you are not registered and are offered the contract for construction will need to register with DIR prior to the City executing the construction contract.

10. The City of Point Arena reserves the right to postpone the date and time for the opening of proposals at any time prior to the date and time announced in the advertisement in accordance with applicable law.

11. The City reserves the right to reject any and all bids and/or to waive any bid irregularities to the extent permitted by law. If the City elects to award a contract for performance of the Project, the contract will be awarded in accordance with Public Contract Code Section 20103.8 and other applicable law to the responsible bidder submitting a responsive bid with the lowest bid on the base contract without consideration of the prices on the additive or deductive items.

12. All bids will remain valid for 90 days after the bid opening. Except as permitted by law and subject to all applicable remedies, including forfeiture of bidder’s security, bidders may not withdraw their bid during the 90 day period after the bid opening.

Point Arena Pier Repair—Bid #2021-02
Addendum July 16, 2021

Question 1: Are there any technical specifications provided other than the notes on the plans?

Response 1: All technical specifications are on the notes on the plans.

Question 2: The permit and plans prohibit impact pile driving and jetting this only leaves vibratory as the pile installation method. Is vibratory the desired pile installation method?

Response 2: Yes—vibratory is the desired method.

Question 3: Is there any specific size/ energy required for the vibratory hammer?

Response 3: No—there is no specific size/energy required for the vibratory hammer.

Question 4: The permit states that all equipment used on the pier MUST use vegetable based hydraulic oil. Does this requirement only apply to the piledriving equipment? Does it also apply to any crane or other lifting device used on the pier? Would it also apply to a fork lift used to shuttle piles out to the pier?

Response 4: Yes—the requirement applies to any crane or other lifting device used on the pier.

Question 5: The permit specifically states that any cutting and drilling of the pile and application of the topical preservative must be done 100′ away from the water however how is it possible to notch the pile for the U bolt (shown on sheet C-2 Section A) drill the pile at the required location, or cut the pile off at the proper elevation since no one can pre determine the exact location/ elevation that will be required for cutting until after the pile is driven?

Response 5: See Note 4(F) on sheet G-2 of the project plans, which provides guidance on unavoidable cutting/drilling in place on the pier.

Question 6: Is there any specified minimum embedment for the wood piles? What happens if the pile hits an underground obstruction?

Response 6: No—there is no minimum embedment for the wood piles. Any underground obstruction will be considered an unforeseen underground condition and a solution will be determined during construction.

Question 7: The plans state to drive the guide pile to refusal. What is the acceptable determination of refusal?

Response 7: Piles should be driven to the maximum depth possible given the strength of the pile material and site conditions.

Question 8: The plans require cutting the pile off 2′ below the surface. What methods can be used to cut the piles 2′ under the surface?

Response 8: Bid the project per the specs, and assume the pile to be cut as far below the surface as site conditions allow.

Question 9: The plans state the level of pile treatment/ retention of ACZA is to be in accordance with AWPA guidelines for the application. Normally the engineer determines the level of treatment required. This is very ambiguous. Can you provide the required/ desired treatment retention?

Response 9: See Response 10 below.

Question 10: The ACZA treatment consists of Ammonia, copper, zinc, and arsenic. The permit and plans state there can be no obvious ammonia odor. Piles treated with ACZA can have an ammonia odor for a year or more. How is it possible to obtain ACZA treated piles that do not have an ammonia odor? How can the acceptable level of ammonia odor be determined?

Response 10: The level of treatment should be light enough such that the piles do not have a strong ammonia odor. The level of treatment should be selected to minimize the odor of ammonia.

Question 11: The plans state that piles must be stored away from the water. Will the contractor be provided an appropriate storage area?

Response 11: Yes—on-site storage will be provided.

Question 12: The plans do not specify a length for the plastic wrap. What is the length for the wrap?

Response 12: The wrap will cover as much of the submerged portion of the pile as feasible, up to the pier attachment.

Question 13: The plans do not specify a length for the wood piles. What is the length?

Response 13: For context, the most recent replacement pile installed along the pier had a 50-foot pre-cut length. Other historical data on pre-cut pile lengths indicate that lengths have ranged from 42 feet to 50 feet. For this project, the pre-cut length will be what is required to reach the pier attachment after being driven to refusal.

Question 14: Is there any coating required for the new guide pile?

Response 14: No—there is not any coating required for the new guide piles.

Question 15: What is the allowed load/ capacity for placing a crane on the pier?

Response 15: There is no published maximum load/capacity for the pier. Please bid the project assuming the lightest equipment required to successfully complete the project.

Question 16: Are there specifications for the rubber buffer? Is there an approved supplier for this product?

Response 16: No—it is the intent to find a match as close as possible to the existing material.

Question 17: What grade of stainless steel is required for the U bolt and fasteners?

Response 17: See Fender Pile Note on Sheet C-1, which requires all fender pile hardware to be grade 304 stainless steel.

Question 18: What is the specification for the pile wrap?

Response 18: There is no specification. The intent is that a product that is durable and meets the project needs should be selected.

Question 19: The Coastal Development Permit states on page 6, item 5 that post construction monitoring and maintenance is required for the life of the piles. Who is responsible for this item?

Response 19: The City of Point Arena is responsible for post-construction monitoring and maintenance.

Question 20: Same permit page 6 item 6A, who is responsible for the onsite observers?

Response 20: The City of Point Arena is responsible for arranging the on-site observers.

Bid Documents