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HomeMy WebLinkAboutMINUTES - 12192000 - C110 a aCounty ontrc Costa TO: BOARD OF SUPERVISORS FROM: CARLOS BALT RANO, DIRECTOR BUILDING INSPECTION DEPARTMENT DATE: DECEMBER. 19, 2000 SUBJECT: APPROVAL OF APPLICATION FOR THE PACIFIC GAB AND ELECTRIC COMPANY's (PG&E) ENERGY PARTNERS PROGRAM 2001 "ENERGY EFFICIENCY SERVICES." SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION AU HORT-ZE the Director of the Building Inspection Department to submit a proposal for the PG&E' s Energy Efficiency Services Contractor. FISCAL IMPACT No financial impact Lo Centra :costa County. PG&E funds aml costs . BACKGROUND PG&E has available an Energy Partners Programs: to assist bow-income residents with home energy measures througnout Contra Creta County. The County has satisfactorily completed a pilot program as a contractor responsible for the work performed installing the energy measures for low-income residents . The proposal will further augment these efforts and, assist many more senior citizens andow- income residents . CONTINUED ON ATTACHMENTs------ YES SiGNATURE RECOMMDATION OF COSY AD NTSTRATOR RRCO10MMATION CSR BOARD COMMITTEE APPROVE OTHER SIGNATURE(5). ACTION OF BO e`3 ox ewer 19,2000 APPROVED AS RRCO8dMMMED X OTHER J'OI'E OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A. TRUE XX UNANIMOUS (ABSEIL AND CORRECT COPY OF AN AC'T'ION TAKM AYES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE TATE SHO er`rssor seat V is vacant at this time ATTESTED Decanber 19, 2000 p PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COSY ADMINISTRATOR BY DEPUTY Budget: $2,717,384 D. PROPERTY CONSERVATION: Respond to building and housing code violation complaints, abate hazardous structures, inspect mobile homes on private property and in 41 mobile home parks, inspect moved buildings and direct the activation.of P.G. & E. services. Administer the Neighborhood Preservation and Weatherization programs. P'I`E; 24 Budget: $1,421,365 E. LAND INFORMATION.- Provides information technology services to the Building Inspection Department as well as network and related services to the Community Development Department. In addition, it supports the mainframe based Land Information.System and the County Agencies Permit System (CAPS) for a number of other County departments, cities, and districts. F : 4 Budget. $369,786 F. ADMINISTRATIVE SERVICES Provide administrative support for the departments operating divisions including facilities and flet management. Help develop and implement departmental policies and procedures. Develop a comprehensive training program for each division. Prepare and monitor the Department's budget and perform personnel related functions. Research.permit archives and issue permits for major subdivisions and miscellaneous projects. Respond to approximately 150 telephone calls per clay related to the permit issuance and inspections. P'I`E: 1.3.75 Budget: $854,763 G. DEPARTMENT DATA MINt ... #i x }' ut .1�,,f#S qi�* is dx # i?' =3 •'r §' ' # si;Is �,' } Revenue 5,543,724 7,3951946 33% Expenditures 5,498,077 7,042,433 28% CB:nr 2 STAFF PROFILE— by Job 'Type 4':3z@:4:t 34� z=z 3$;�,3s#..#� iE� ifp 3 x zc4i zs'ss�€3 rzi zz�z:I 4 tI4 £#t zzz ?�z:f 3• a }#,#` s s z# z s�j�z r; ,3? r3 z# Inspectors 41 Clerical Support 17 Engineers/?Ian Checkers 14 Aeeounting/A `n/Info. System. 9 Management 7 � f Total 88 ENTLOYEE PROFILE —by Ethnicity Hispanic/Latino 4 i 2 6 % 3 Akan /American 4 8 12 15% Pacific Is/Asim 6 2 8 3 10% Native American Q 0 0 0 E Minority Totals 14 12 26 33% Caucasian 34 18 51 1 66'fo s Tota 48 30 Percent 62�/a % III. DEPARTMENT ACCOMPLISHMENTS A. WALNUT CREEK CONTRACT: On ,April 30, 1999 the Building Inspection Department (BID) entered into a contract with, the City of Walnut Creek to perform engineering plan check services. The County BID has reviewed and approved to date 82 plans for the City ofalnut Creek totaling a valuation (value of construction cost) of over $66 million. Cs BID.99-OOrpt (11/30/00) 3 B. ENERGY PLAN` CONTRACT: The BID has recently entered into a contract with the City of Pittsburg to perform project management and Chief Building Official services for the Los Medanos Energy Center (LMEC); and project management, Chief Building Official, plan checking and field inspection services for the Delta Einergy Center (DEC). These two energy plants are the largest electrical generation facilities in the United States. In order to assist the City of Pittsburg in these endeavors, the BID plans to pen-nanently assign six staff persons on the job site to ensure the smooth completion of these projects. These ventures are indicative of the Department!s willingness and capability to assist its neighbors wherever possible. C. INFORMATION TECHNOLOGY: TheDepartment's Land Information System. Division embarked on an ambitious plan to enhance the Department's computer systems. One of the most important projects was the development of a new permit issuance and tracking system. The neer system titled County Application Permit System (CAPS) was designed to replace the 18 year old Land Development part of the Land Information System (LIS). The new system., which went live in May 2000, will enable the Department to provide better data because of its flexible design.. As part of this upgrade, a new Interactive Voice Response(IVR)system was installed. The IVR will enable customers to call the system 24 hours of the day and automatically schedule inspections, thereby freeing staff to attend to other tasks. Other important projects included moving the Department's computer hard- ware to the Department of Information Technology (DoI T) premises, replacing a word processing software package, and replacing the email system. In addition,a thin-client server system will result in significant east savings since it will reduce the Departmenf s need to replace desk- top computers and reduce the maintenance costs of existing systems. These projects were challenging, but teamwork made it possible and successful. D. COGNITION. The Department is a recognized leader in training creative and knowledgeable staff to deliver superior building inspection services to residents throughout Contra Costa County. In 1999, the Department received the CSAC Challenge Awards Honorable mention on four (4) of its programs. ` 'hese programs include; 1) Permit Streamlining - Cutting Through. the Red Tape; 2) Building 2000 - CB-M BID.99--OOrpt (f ir30100) 4 Vision of the Future (educational media outreach program); ) Preserving Neighborhoods- A Code Enforcement Renaissance; and 4) Fueling a.Partnership with Local Refineries. (See Attachment A.) Also in 1999, the Contra Costa Economic Partnership recognized the Department for"its commitment to streamlining the business permitting process", and making it more customer friendly, and presented the County Administrator with a "1.999 Smart PepDtting Award". E. RESPONSE TO INCREASED DEMAND FOR SERVICES: The Building Inspection Department adopted the 1997 Uniform Building Codes effective July 1, 1999. The adoption of these nearer codes coupled with the strong economy caused dramatic tic increases in demand for services particularly in the area of plan reviews In response to increased deed for inspection and plan review services,the Building Inspection Department augmented its staff in 1999. This has allowed the Department to beep up with the demand and maintain the quick turn around tinges that our customers have carne to expect from the County. F. APPLICATION PERMIT CENTER (APQ The Land Development Executive Committee (made up of the Directors of Building Inspection, Community Development and PublicWorks)decided in August 1999 to remodel the .APC in order to consolidate the operations on one floor. The Board of Supervisors authorized the improvements in. October of 1999. The improvements will allow customers to receive pennit services on one floor rather than having to travel from floor to floor to obtain the necessary approvals. The remodel was plannedwith the involvement of staff from Building Inspection.,Community Development,Public Works, and representatives from Environmental Health and Consolidated Fire, The remodeled center will allow staff from the different Departments to collaborate and deliver services more efficiently. The project is expected to be completed by July 17, 2000. TRAINING:G. The Department has emphasized training and doubled the training budget to fund this endeavor. In addition to funding outside training courses, the Department actively encourages and provides training to various employee classifications to help upgrade their shills to address changes in technology and the construction industry. In order to ensure the adequacy of its training programs the Department actively participated in 1999 as instructors and seminar leaders in programs CB:rz m-D.99-001p: (11!30/00) 5 provided by California Building Officials (CALBO) and International Conference of Building Officials (ICBG). The Department expanded its team building program.As part ofthe team building exercise, staff are being exposed to frxnctions in other divisions. It is expected that employees will gain a better understanding of the complementary roles of staff in other divisions and thereby improve the quality of service provided to the customers. The Department also contracted with the Training Institute for the provision of training in the area of"Communications". The program describes the various communication styles and helps identify one's personality communication style. It is anticipated that gaining better understanding of the critical attribute will contribute to better individual and organizational interaction. W. DEPARTMENT CHALLENGES A. INTERNAL TO DEPARTMENT I. As a result of the rapid growth undergone by the Department, effective organizational communication and inter-division cooperation and coordination will meed to be emphasized. 2. Recognizing the creed to address environmental factors and reinvent ourselves, the Department has recently embarked on a "Strategic Planning" process. This endeavor is expected to take several months to complete and will involve every employee in the Department. B. INTERNAL TO COUNTY OPERATION 1. The continued streamlining and relocation of the application and permit center will require increased coordination and cooperation among all the Land Development Departments. eats. 2. The startup of a new computerized system, named County Agencies Permit System (CAPS), beginning in May 1999 has provided improved processing capabilities, and will require additional training, and a re-definition of roles. C. EXTERNAL TO COUNTY OPERATION cB.nr BIB.99-0�t (11/30/00) � 1, The request to develop a permit center to serve residents in the Lamorin.da area will require various staffing changes to insure delivery of quality one-step services at the off-site location. 2e Continuation and expansion of plan cheek and inspection services to cities in the County will create opportunities in delivering a consistent development process throughout the County. D. PERFORMANCE ICATORS E. PERMIT PROCESSING Inspections 58,873 65,996 12% Permits 7,610 7,896 3% CD Pe nits* 52.7 579 5% PW Puts* 3,264 3,162 - % *Processed by CIS chi Pw staff assigned to the APC. Residential 70%same day F=71'010Wsameay 3 15%within 2 was ! 8%wig 2 weeks I S%within 4 weeks ; 21%within 2 weeks � Commercial 70%within 3 weeks 35%wig 3 weeks 2€%wig 4 weeks 65%within 4 weeks Tenant Improvement 80%within 1 week 50%wig 1 week 15%within 2 weeks 0%within 2 weeks 5%within 3 weeks 25%within 3 weeks P. CONSTRUCTION INSPECTION W 0 M01,11 _01-mw Residential 10 inspections per day—average 17 per ins car per day Commercial 6 inspections per day m average 5 per inspector per clay Grading Residential/Commercial—3 per day 4 per inspector per day G. PROPERTY CONSERVATION CODS. ENFORCEMENT ---------------z ji7s3; a' z.i>�sTO 1,197 811 68% C$:nr BID.99-OOrpt (II/30/00) 8 � w 65I Pine St.4th Fl*. Phone(925)335.1144 Martinez.Ca.94553 Fax(925)646-4450 E-marl: • m b+:�.e�ttr�•exi�ta.;.a.us MICA0.1,true Perez Professional Chief, Property Conservation Division,Building Inspection Dept. experience 1986-2000 Contra Costa County Martinez, Ca. Manage day-today activities of the Code Enforcement Program., 8 Oversee the Neighborhood Preservation Program Oversee the State Energy Weatherization Program Housing Rehabilitation Coordinator 1983-1986 Contra CosW County Martinez,Ca. ra Manage day to day activities of the Neighborhood Preservation Program Write funding proposals Approve Loan applications for housing repairs contracts Building Inspection Plan Checker 1976-1983 Contra Costa County Martinez,Ca. Flan check non-structural bultding plans Issue building permlts,Electrical,Plumbing&Mechanical Anter building code questions Certifications Code Enforcement Officer Education 1985 m Present University of San Francisco San Francisco,Ca. Master Public Administration 1982- 1984 University of San Francisco San Francisco,Ca. Bachelor of Scl t3tlr an Resources/Organizational Behavior 1980-1982 Diablo Community College Concord,Ca. Associate of Arts-Construction Technology Professional California Code Enforcement Corp. memberships International Conference of wilding Official California Association of Building Official. Business and Professional Women's Association Chair of the Board-History Revisited Historical Association 659 Pine St.4th Floor Phone(925)335-1117 Martinez,Cu.94553 Fax(925)546-4454 -mail mrjlvQ5l.co.contrs- costa.ca.us Michaleal A. Belo Slurs Professional 1-1-2000-5-9-2000 Contra Costa County Martinez, Ca. experience Principal Building Inspector Lead Cade Enforcement trainer Handles complicated enforcement cases g issues Citations 8 Expert witness,attends court bearings ® _ Supervises 14 Building Inspectors 3-1-1997-1-1-2000 Contra Costa County Martinez,Ca. Senior Building Inspector « Lead Direction to Bi 11's and 1's Training Building inspectors Coordinate State Energy Program 10-176-2-26-97 Central Costa County Martinez.Ca. Building Inspector If 8 Conduct inspections in all phases of construction m Inspect houses for purpose of rehabilitation work Certifications lCB0 Combination Inspector Certificate General Building Contractor B-353504 Education 9-1970-6-1971 San Francisco Mate Saga Francisco,, Ca. Secondary Teaching Credential 9-1966-6-1970 Sart Francisco State San Francisco,Ca. ISA-Political Science Professional California Cade Enforcement Corp. memberships Public Employees Local#1 Union-Treasurer Elks Lodge#1180-Officer History Revisited Historical Association-Treasurer International Conference of Building Officals-Associate Member Pat Corum Program Specialist 551 Pine Street, 4th Floor Martinez, California 94553 925-335®1137 Education Heald Business College 1932 Variety of Building Inspection Department administration related curses, Management courses Professional Pest experience with Building Inspection; promoted to Program Specialist Qualifications for the Neighborhood Preservation Program. Notary Public Current Job Program administration and clerical support. Applicant intake and processing, determination of financial eligibility, prepare contracts and work with Washington Mutual Bank to secure loan documents, notarize documents as necessary for the program, contractor intake and eligibility determination; authorize, calculate, order and release contractor payments, Accumulate and prepare monthly and quarterly reports for various Mate and County agencies, track and reevaluate status of loans, all facets of administering the Neighborhood Preservation Program, Experience Building Inspection Department Program Specialist Contra Costa County, Martinez, California (1993-Present) Building Inspection Department Administrative Specialist Contra Costa County, Martinez, California (1992®1993) Building Inspection Department Clerk Contra Costa County, Martinez, CA (1983-1991 Transferred to Neighborhood Preservation Program division as Senior Clerk) ry tvIt Cot On cg con tsrerb 1 CONTRA COSTS GOALS FOR WEATHERIZAT1ON CONTRA COSTA COUNTY Targeted Residences Single Family Homes Multi-Unit Dwellings Mobile Homes 59% -73% 5%-31% 5%-7% 3024 1784-2207 756-937 151-2.11 VICTOR J.WESTMAN DEPUTIES: P 4LUPS.ALTHOFF C3UttiITY COUNSELJANICEL.AWfE"eTa %t NpRA G.BARLOW S.REBECCA BYRNES SIILVANO B. p� pie. ST, l ANDREA W.CASStDY ^'�"1 CO = 1 CH!EF ASSISTANT: COUNT Y COUNSEL tylONIKAL.COOPER i VICKIE L.DAWES OFFIC OPTHIEL MARKES.ESTS MICHAEL D.?:ARR SHARON L.ANDERSONI fST#+ � '�t�.f1 ' 3 k.tL IR'd T.Fi,l.itt ASSISTANT COUNTY COUNSEL y yv � DENNiSC.GRAVES JANE": HOL 44ES GREGORY C.HARVEY MA � ALPS �9 KEVNN BERNAR .KNIAPP ASSISTANT COUNTY COUNSEd /Revd EDWARD V.LANE,JR. & S AMCE UU i r PAUL R.MUR: MARY ANN MASON GAYLE MUGGLi � s� +� � V ER;J�>rc>4E OFFICE MANAGER "' STEVEN P.RETTIG DAVID F.SCHMIDT PHONE(925)335-1803'' June 7, 2000 JACQUE:12'K .,ACt�L1ciEPie.4NOODS FAX(925)646-1078 Carlos Baltcdanc Director, Building Inspection Department 651 Pine 5t., North Wing, `third Floor •t Martinez, Cod 94553 Re: Business and Professions Code Section 7040(x) Dear Mr. Baltodano: This letter is to confirm the applicability of the licensing exemption provided by Business and Professions Code Section 7040(x). The Building Inspection Department in providing housing weatherizaticn services and energy conservation services is an authorized representative of the County and is acting within the scope of the County's official capacity. If you have any additional questions on this Fatter, please advise me. Very truly yours, !Motor J. Westman, County Counsel By: William L. iVlarder, Deputy County Counsel STATE OFF CALL%ORMI-A—STATE AND CONSUMER SERVICES AGENCY GRAY DAVIS,Govemor CONTRACTORS STATE LICENSE BOARD t rots 982€€USINESS PAR€{.DRIVE/P.U.BOX 25000 "*nt ei SACRAMENTO,CALIFORNIA 95826 � 9;- cangumer (800)32€-2752 automated rummr Affairs (9€5)255-3900 Internet site; www.csib.ca.gov -a November 283 2000 Contra Costa County Building Inspection Department Attention: Pat Carum 651 Pine street 41 Floor Martinez, CA 94553 Dr, lis, Corum: This is in response to your November 6,2040 letter requesting confirmation from the Contractors State License Board(CSLB) exempting your organization from: licensing requirements including€-Zonae Improvement Salesperson registration, If Contra.Costa County meets the previsions of Business to Professions Code Section 7040(a),the county would be exempt from Contractors State License Beard's licensing requirements and would include the exemption to our lava related to Home Improvement salesperson registration. ,ectien 7040(a)states: "'phis chapter does not apply to an authorized representative of the United states government,the state of California, or any incorporated town, city, county, irrigation district; reclamation district or ether municipal or political corporation or subdivision of this state when the entity or its representative is acting within the scope of the entity's or representative's official capacity." The county or its political subdivision must be acting within the scope of its official capacity to be in compliance with this exemption. If you have further questions regarding this correspondence,please contact nae at(916)255-3941. Sincerely, g� Everett Lawson Deputy Chief Licensing Compliance PACIFIC GAS AND ELECTRIC COMPANY SPECIFICATION 4572 Energy Partners Program 2001 Energy Efficiency Services Comprised of: 1. General Conditions and Exhibits 1 through 4 2. Specific Conditions and Attachments A through P The undersigned certifies and represents that he or she is dryly authorized to sign this Proposal on behalf of the Bidder, has examined and Is familiar with the Specific Conditions and the attacbments listed therein, has checked each figure shown, and understands that PG8XE will not be responsible for any errors or omissions on Bidder's part in preparing this proposal. The undersigned further agrees that, if awarded the Contract, the Bidder will perform the work diligently and in accordance with Contract documents, and the Bidder will fully complete the work within the time limits stated herein. Information requested in the Specific Conditions of the Request for Proposal is submitted herewith BIDDER: Contra Costa County, Building Inspection Department NAME: Mickle Perez Tim: Chief Property Conservation Division DATE: November 28,2000 TABLE OF CONTENTS 1. Executive Summary 2. Response to Proposal Questions 3. Cost Pro-nosal/Direct Labor Cost Breakdown 4. Nondisclosure and Use of Resources and Information and Assignment Agreement 5. Insurance 6. Supplier Diversity Program 7. Injury and Illness Prevention Program Compliance Certificate 8. Annual Report 9. Supportive Information 10. California Contractor B License Executive Summary The Contra Costa County Building Inspection Department is committed to providing services to low-income households. One of our primary objectives Is housing Issues. Our goal Is to assist In the development of viable communities by providing decent housing and a suitable living environment In the community — principally for persons of low and moderate income. Specific objectives area I. The elimination of slums, blight, and the prevention of blighting influences causing the deterioration of property and neighborhoods. 2. The elimination of conditions, which are detrimental to health, safety and public welfare, by rehabilitation, demolition, assistance in repairs or, removal. 3. The stabilization and enhancement of older neighborhoods in order to encourage future Investment from the private sector, and other public fonds and programs. 4. The development of economically integrated communities, particularly as it relates to the enjoyment of the benefits of the revitalization process by low and moderate-income residents. 5. The review of residential structures of owners participating In the voluntary Housing Code Enforcement Program for need of rehabilitation. In order to attain these objectives, we participate In programs that will assist these persons. The Department currently has a staff of eighty technical professionals, Besides the administrative support staff, the BID Is made up of the following personnel: Five licensed structural and civil engineers, eight plan checkers, forty-six certified field inspectors, five technology experts, teas code enforcement officers and tett weatherizationlassessment specialists. The department emphasizes training and has doubled Its training budget in the last two years. In order to ensure the adequacy of its training programs, the department actively participate as Instructors and seminar leaders In programs provided through the California Building Officials, International Conference of Building Officials, Federal Housing and State of Department of Energy. Our plats of work Is to Integrate this program with our other five programs, which are all, geared toward assisting low-income families with housing concerns. These programs are the neighborhood Preservation Program, State Department of Energy Weatherizatlon program, Code Enforcement Program, Mobil Home Inspection Program and Building Inspection programs In addition the county will work with PCi8ZE to assure Integration of the following program; CARE, REACH, Hoare Energy Assistance Program and Smarter Energy Line. Executive Summary 'age Two The Contra Costa County Building Inspection Department provides comprehensive building inspection services throughout the unincorporated area, as well as to the Incorporated cities of Clayton, Hercules, Lafayette, Moraga and Orindam 'These services Include the following: plan check, field Inspections, building official duties, code enforcement, coordination of housing programs to Include Federaland State, In cooperation with private agencies, permit issuance, grading, public Information, record Keeping, reporting, administration and coordination of building standards, and the collection of fees for a variety of districts and agencies. The Department has been performing these services in the unincorporated areas since 1947, and In other cities since 1964. The Department is a recognized leader in training creative and knowledgeable staff to deliver superior building inspection services and housing services to residents throughout Contra Costa County. The Building Industry Council has recognized it as the ""Best Building Department in the Bay Area. The department was the recipient of three out of five wise old owl awards given annual by the Building Industry Council. In 1994 the department received a Challenge Award by the California State Association of Counties for developing a comprehensive and customer oriented automated building Inspection request system. This automated system has served as a model throughout the State. in 1999 the department received the Challenge awards honorable mention on four of Its programs. 'these programs include Permit Streamlining, Cutting through the red tape, building 2000, vision of the future, and preserving neighborhoods, a code enforcement renaissance. In 1999 the department also received the Contra Costa Economic Partnership award for its commitment to streamlining the business permitting process and making It more customer friendly, the department received the Smart Permitting Award. CONTRA COSTA COUNTY PACIFIC GAS AND ELECTRIC COMPANY ENERGY PARTNERS PROGRAM 2001 ENERGY EFFICIENCY SERVICES PROPOSAL 14.1 Standard Proposal 14.1.1 Project management capability The Contra Costa County Building Inspection Department, Property Conservation Division has the ability and experience to successfully complete the Energy Partners Programa as described. The County has administered the same program since August 2000 to the present. The County has also administered the State Energy Weatherization program for 25 years with this department having managed it for the last four years. The department has also managed a similar HUD funded program for low-income homeowners. The Neighborhood Preservation Program Inas been successful through out the unincorporated areas of the county and Inas been funded for the last 26 years. We have loaned over I 1 million dollars to low-income homeowners for minor and major home repairs. The management structure we propose to use Is the existing Property Conservation Division structure as follows; A Program Manager will oversee direct administration of the entire project. The Program Manager's qualifications Include a baster In Business Administration and a Batchelor In Haman Relations and Organizational behavior. The Program Manager has 15 years experience In managing projects. A Program Coordinator will direct the day-to-day activities of the project. The Program Coordinator has directed a similar project for the division for slat years. Her experience Includes supervision of four employees. A Principal Inspector will be In charge of field Inspections and quality control. The Principal Inspector Is an ICSO certified Building Inspector for 18 years and supervises 10 Code Enforcement Officers. He Is also a Licensed B Contractor In the State of California. Three (3) ES's will be PGOZE certified and will be hired with no less than one-year experience. Six (6) W;'s will be PGeE trained and will be hired with no less than one-year experience In minor home repair. A Clerical position will maintain; all files and computer Input for the project. The position Is an experienced level cleric with no less that two years experience In flies, typing and computer Input. 14.1.1.2 Organizational Chart and resumes See Attachment 14.1.13 Management resources Administrative, cost control planning and fiscal policy management, facilities and general services provided by Administrative services. (I I employees) Information and data management systems provided by Land Information Systems division. (4 employees) Scope of work, scheduling, monitoring and Inspection resources provide by Inspections services division. (2S employees) Technical services provided by Engineer and Plan Check inspection divisions, (12 employees) 14.1.1.4 Work to be performed and bench marks March 1 2001 Identify potential customers, first energy education, Identify measures needed, determine if gas appliances are operational, and call CIP for CAS test. March 15, 2001 Start installations of measures approved July 18, 2001 First 140 day benchmark 1-complete 40% of estimated goal, 1210 jobs October 26, 2001 Second 240 day benchmark 2-complete 75% of Estimated goal, 2268 Jobs December 31, 2001 All work completed benchmark 3 ® 3024 estimated Jobs. 14.1.1 e 5 Work plass addressing work performed Fall time frame Event time frame Starts from; Time Period Inspection results to Elate measure installation work 30 calendar slags Contractor Information Is received by CIP Contractor corrects Time phone call notification is 'Rhin 24 hours Hazardous fail shade to contractor Contractor corrects Date corrections work required Within 10 Calendar Non-hazardous fail notification Is faxed to contractor clays Inspection after contractor Date contractor notifies team 30 calendar days Completes correction work lead that correction work Is complete Contractor disputes measure Date/time contractor Is advised that Dionhazardous/ Inspection correction work Is required billing: within 10 Business days Hazardous: within 24 hours Dispute Inspection Date dispute notification Is received 20 business days By the team lead from the contractor Final dispute decision from Date 2nd dispute notification Is WIthin 20 Field support specialist received from the contractor working days, barring, Circumstances outside of the FSS's control Referral time frame Event rime Frame starts frons. Time Period Referral received in office Cleric answers phone or Same day received written referral Referred client is called Clerk calls referral ex sets Within 8 hours Appointment ES contacts Referral Appointment set Within 24 hours Complaint time free Event Complaint Complaint received Same day Referred to Program When received Within 4 hours Coordinator Program Coordinator When Program Within 4 hours Contacts Complainant Coordinator calls Principal inspector at WS contact complainant When Principal Inspector Within E hours Receives complaint 14.1.1.6 Corrective action Principal inspector will ensure quality control of project by following up on every other job of each work team. A jab quality spread sheet will be maintained with WS ID number, date job, date any corrections made if needed. Contractor will review all PGSEE program work reports daily, program staff will Meet weekly to review reports, work schedule and goals. Meetings will Include Reports on fails and solutions on how to prevent feature fails. All falls will be tracked on job quality spread sheet with corrections made with two working days. 14.1.1.7 Marketing Flan Contractor will market program as follows; 1- Energy Partners program flyers to be included in 4 mass mailing of other housing programs. 2- inspectors working In low-income target area housing programs will distribute flyers personally to homeowners. 3- Informational meetings to be held in Spanish In targeted low-income areas. 46 Contractor will coordinate with agencies specializing in reaching minority and low-income families to Inform them of program. 5- Contractor will coordinate marketing of two other programs for low-income families with Energy Partners program. 6- 14.1.1.E Leverage Contractor will leverage EPP with the fallowing programs: CDBG Neighborhood Preservation Program - This program is available to low- income homeowners to bring their homes up to minimum building code standards. Homeowners who qualify will be offered the EPP and if they qualify, NPP will assist in adding energy measures under the program. This will leverage approximately $500 per home and will be documented by adding EPP assisted Information on NPP application for work. Dept of Energy and LH EAP State a19yam ® °dais program is available to low- Income families to provide energy measures to their homes. Contractor will provide EPP information and If families qualify, we will add energy measures at approximately $400.00 per home. This will be tracked on the DOE or LHEAP application. Code Enforcement _Proem ® This program Is a mandatory program for households that have sub-standard living conditions. If energy measures are found that are needed, program Inspectors will set up EPP appointments, This will leverage time with EPP staff at about $15.00 per appointment set up. This will be tracked on a spreadsheet for EPP use. Mobile glome Inspection Pro — This program Is a State Mandatory program to Matte annual inspections. We have authority over 41 mobile hone paries within the un-Incorporated areas of the County. Inspectors will refer owners to the EPP Is energy measures are needed. This will leverage time with EPP staff at about $15.00- per appointment set yap. This will be tracked on a spreadsheet for EPP use, Note: All program leveraging will be trached on a spreadsheet for EPP documentations 14.1.1.9 `raining All EPP staff will be trained as per EPP requirements. Energy Specialists, eatherization Specialists, crew leaders and job supervisors will be trained In EPP policies and procedures and certified by PCaxE at the PG&E Stockton Training Centers In addition EPP staff will be send to County Training classes which will Include training In Public Relations, How to deal with difficult people, time management and other related subjects. 14.1.2 Business capability 14.1.2.1 Implementation Plan March 1, 2001 — 1 x Energy* Audits to begin immediately. Schedule set up to complete 6 Single Family home audits a day and 10 multi fandly units a clay. 3 Energy Specialists performing audits. 2 - Inventory to be stocked and energy audits to be set up by phone. 6 to 10 appointments to be set up per day. 3 e Areas to be covered will start with East County and continue to Central and West County. 4 4 All PGaE Informational flyers to be stocked. 5 e Data base to be set up. March 20, 2001 - Weatherization work to begin. Schedule set ups to complete 3 Single Family homes a day and 6 to E multi family units a day. 3 teams of 2 eatherization Specialists performing the work. 14.1.2.2 Related Program Contractor has performed State Department of Energy Program for the past 4 years. tither County Department performed State program for 20 years. This Included LHEAP, ECIP and Propane appliance replacements. 14.1.2.3 Costs savings Contractor has a standing policy of accepting the lowest bidder, which assists in driving dawn costs. Also County has a Small Business and WMDVBE contractor policy, which all departments are required to participate In. See Attached Board of Supervisor resolution. 14.1.2.4 Financial Statement See Attached 14.1.2.5 Annual Report See Attached 14.1.2.6 References Community Services — Tony Colon 925 646-5990 — Service Provided — Sub- Contractor for DOE at LHEAP programs. Community Development — Kathleen Hares 925335®1257 — Service Provided — Contractor for HUD Neighborhood Preservation Program City of Pittsburtr Yolanda Lopez 925 252-4878 — Service Provided -- Inspection Services CIW of Hercules mm Mike Sakamoto 510 245-6509 — Service Provided — Inspection Services City of Lafeyette Mike Henn 925 284-1976 --Service Provided — Inspection Services 14b 1.2.7 Subcontractors Contractor has a list of Neighborhood Preservation and Cade Enforcement Contractors who will be used In case EPP subcontractors have financial problems or cannot perform the work. 14.1.3 Information systems capabilities 14.1.3.1 Fiscal management The Department Administrative Services will manage fiscal management Division. ASD will use County Established Accounting polities and procedures for reporting and funds disbursement services. 14.1.3.2 Luta Collection Contractor has installed PG8ZE database and is currently easing It. Department has established reliable e-mail account set up. Contractor shall use existing systems in place. 14.1.3.3 Reporting ez Data Management Contractor will be complying with all reporting requirements through the PG8E date base, which will be installed on Division Computers. County land Information Systems Division will monitor and ensnare computer connections with PGStE are sufficient and always-in working order. 14.1,4 Quality assurance and control 14.1.4.1 Workmanship Contractor shall have a Principal Inspector inspect every other Job of each Weatherization team Prior to PG&E inspection. Principal Inspector will review both workmanship and quality. Principal Inspector will also conduct ride-alongs with teams. Customer will be questioned as to how they felt the work was done and a written evaluation form will be left for customer to complete and return within 10 days. Case files and documentations required will be reviewed by Program Coordinator to assure Information Is complete, 14.1.4.2 Quality assurance Principal Inspector will review the following types of workmanship: orkmanshlp atQuality-Control: Installation of glazing, door shoes, weather- stripping of doors. Ride-along will include Specialist's reaction to difficult situations, how energy measures needed were determined, flow tests will provided, how education was provided. Questionnaire for customers will include; was the Specialist's knowledgeable and professional? Was the worn area(s) left clean and In an orderly manner? Was the program explained enough for you to understand? Pile Checks will Include are the reports complete, readable and correct. 14.1.483 Mali Central Inspection Program Contractor will be In constant contact with PGaxE representative to ensure all fails are brought Into compliance. Contractor will inform PGOIE Representative Immediately as corrections are made and ask for solutions as to how to prevent further falls, 14.1.4>4 Qualified Installers ar Educators All Installers mast be licensed contractors and have no complaints filed against them with the License Board. All Educators must be certified teacher In the subject to be taught. 1491.4.5 Confidential Customer Data All Computers used for customer data will only be accessible with a password only provided to clerk using It. All file drawers with case files will have lockable drawers. Clerk will work In a confined area with walls surrounding her. 14.1.4.6 Quality at efficiency of Energy BE Weather€ration Specialists All EPP staff will be evaluated using Department evaluation form. There will be a 30 day, 60 day and 90 day evaluations made. Only PG&E trained staff will be hired and all staff hired will be enrolled at the Stockton Training Center to receive update training as needed, 14.1.5 Energy Partners Program 2001 Delivery 14.1.S.I Overall Energy Partners Goals Contractor will use benchmarks established to complete goals for all weatherized homes and high quality energy education. Programa Manager, Coordinator and Principal Inspector will meet weekly to review benchmarks, work schedules and staff evaluations to ensure each step In each process has been met. 14.1.5.2 Incentives job security will be the main incentive. Staff must meet at schedules given to them. A hiring list will be established to maintain full staff at all tunes. 14.1.5.3 Interface with other programs Customer Services ® All complaints and other requests by customer service will be handle Immediately by the Program Coordinator, CARE — These clients will be serviced first to meet CARE goals of houses to Weatherize. REACH — This program will be monitored to ensure clients are Included in audits. Home Energy Assistance Program _ Pact sheet will be provided to customer and when received will include in programa Smarter Energy Line Need more information on this program. When received will include in program. 1461.5 `fleet PGaE Corporate goals 14.1.6.1 PG E°s Low-income Customer service All PGaZE policies and procedures will be followed in order to provide safe and reliable service to customers. Principal will have main responsibility for this section. 14.1.6.2 Energy Savings at Related environmental benefits A combustion appliance safety energy efficiency treasures inspection will be made within 5 business days of job completion. 14.1.6,3 PGeXE Corporate goal to stimulate California economy Contractor will use only PGwE referrals to ensure PGaZEgs costs are lowered by adding energy treasures therefore allowing customer to stimulate the States economy by having more useable income. 14.1.6.4 WMDVBE Contractor will comply will all conditions in attachment Ga i.e. 2.S% of the dollars spent for each subcontract with the following breakdown: 1 S% of all subcontractors must be MBE; S% of all subcontracts trust be WBE9 and 1.S% of all subcontracts must be D V BE. This will be accomplished by add the above the existing county SMB program. 14.1.6.5 Safe work practices and consumer safety Contractor will comply with all CAL/OSHA requirements. 14.1.6.6 AB 1393 Contractor will use only local business as subcontractors and hire staff from local county agencies providing local employment opportunities. 14.107 Exceptions 14.17.1 Exceptions Contractor will not have any exceptions to the terns and conditions of either the specific conditions or the general conditions. i 4.2 Alternative Proposal 14.2.1 Alternative Proposal Contractor has votes at this time. Energy Partners Measures Cast Proposal Attachment A Con"Coate County MEASURE Approximate number of Single Family Tota:Price- \teasurts Cor BID muhi-Unit #of Homes x Evaluation Purposes Only Dwelling& Average Quantity Mobile Horne Per home x Unit Unit Price price Column A Coiams$ %of ioof Average i 'total Homes Qtiarnity Fiornes Per home meeMr.8 e measure Al A2 A3_BI _ Bl "*"Mityketing, 100% 2247 1 ea $60.00 $134,820 Assessment,Au&., CARE application i Assta.ance and Energy Education for&II homes *"*Attic Fnsviatien 12.2% 274 10i 1.83 .54/sq.f1 $277,241 Water Heater Blgnket 12.3% 276 1.07 $25.Wea $ 7,383 Lose?lcw Shower gad 78.7% 1768 1.09 $20.00lea S 38,550 Door Weather-stripping 69.:% 1552 1.34 536.Wdoor S 74,868 t Caulking- Single-Family, 35.5% 868 1.00 $50.00 fixed cost S 43.430 i Homea,200' Single-Family 2.8% 62 1.03 $50.03 fixed cost $ 3,106 i donees>200'Wim CIP written pre- t APPruvsl #mutlfi-uolt dwelling 40.1% 901 1.00 $20.00 fixed cost S 18,020 1 Mioi its Hot= 3.3% 86 1.00 $30.00 axed exist S 2,400 i Minot Home:repair- t Labor Only 1 Home<$243 71.61A 1752 per home $60.00 fixed cost S 105,120 e Hawes>200&<$400 3.7% 90 per lame $90.06 futti cost S 8;100 t Home>400 A<$750 1.2% 24 per home 5120.00 fixed zest S 3,480 i mincer Horne Repsir- 77% 1.00 ea. mverials Attie Veming 4.4% 107 1.00 $50.00 S 51350 Attia Access Wea leer- 26.1% 586 1.00 $13.00 S 5,850 Stnlppirig Evaporative Cooler 8.0% 195 1.00 $35.06 $ 6,825 .^,overs Puma=Filters 32.7% 734 11.08 S33.00 $7,927 ^ampat Fluoraaaant 88.5% 1988 4.56 $17.00 $154,109 Lights Faucet Aerators 88.2% 1981 2.05 $3.50 S 14,283 Utility Gaskets 73.8% 1658 16.22 .80 S 21,514 Stater heater Pipe WMP 6,% 137 2.33 $2.25 S 718 HardwL-A Compact 0.1% 2 1.00 $40.00 $ 83 Fluor,ftcalit Perch Lights w/^.-Fd Contractor moetittg foe $65.00 Flat Fee S 780 ( -ssaotor,Par m eg-notirdividuatfy) Energy Partners Program 2001 Attachment, AA Poe is Gas and 61-0412(Rov 6,,Nj Electric Company Purchatig -- Pago Direct Labor Cost Breakdown .21 f CLASSIFICATION: I.,� e-a- e r z at 6 A) r 3� 0. S5 5,e.S`..5 t0v e,0 G g LINE DESCRIPTION elm OR FR" STR OVER DBL. NO. � ; TIME TIME TIME @ $rHR VHR SIHR €. DIRECT WAGES(ACTUAL) Z�rN 71-417- 2. v cA-n6N- (PAID TIME OFFS ` �� ; IIIA N! 3. HOLIDAY(PAID TIME CFF) ( N/A N/A 4. SICK PAY(PA€D'nmE OFF) ; tb- NIA N/A 5. SUBTOTAL(LINES I- 4) #�.�,� Asa �� x�d°•.a& 6. s)RCBPTA-INSURANCE(€ ad€ °e) ! CURRENT RATE_1.45%__ 6OLLAR LIMIT � �canElrztH.ed b) OASM(Socha S rffy) CURRENT RATE DOLLAR LIMIT$66,400 ; 7e FEDERAL UNEMPLOYMENT INSURANCE(FU€) N/A NIA CURRENT RATE _ DOLLAR LIMIT_$7000 a. STATE UNEMPLOYMENT INSURANCE(SUQ S € /A N/A CURRENT RATE DOLLAR LIMIT_$7001%- 9. 70009. MRKERS'COMPENSAT€ON INSURANCE ; PURE PREMIUM RATE E MANUAL RATE EXPERIENCE MODIFICATION RATE ACTUAL RATE E 10. COMMERCIAL GENERAL L.IASILr�Y,BUSINESS AUTO,CRIME � COVERAGE/FIDELITY BOND I {�. HEALTH AND WELFARE � E a `:2. PENNON OR APPLICABLE) 03. APPRENTICE TRAINING FUND(IF APPLICABLE) € E 14. OTH=4 (SPECIFY ANCIOR LIST) k-L` 15-s--e _ 073; l `° o 15. SUBTOTAL(LIMES 6.14) ':6. OVERHEAD— I (BASER ON LINE 6) 17. PROFIT— (BASED ON LINE 5) is: TOTAL(BILLING RACE) 3 Ls' � 'List%(for items calculated as a percentage of Direct Mage Subtotal)or list"FR"(for fixed rate estabiirhed by a labor agreement) "AMOUNT FOR OVERHEAD AND PROFIT SMALL BE THE SAME FOR ST,OT,AND DT. NOTES: For any Item that Is not applicable in arriving at the total, please mark it NIA. A separate Direct€abor Cast Breakdown Sheet must be completed for each labor classification. The contractor warrants that all figures on this form are accurate and represent actual costs. c° css u a(M ci r- 00 0 0 1- r- t, r 030V MNco oo �a C. r- cc0) fl.* covma) m m � � � r v � gga�yy yr � a) -It e^ w sig sx7 r` N 00 0 - T`t ?'� t� N� r- r- tSi m m m P+ J a3bco C'N w w 0 n CN 0 IXw5 0Lai LiaN do U) CD X3"4 C3 :: c ti»9 c)vi C 'q�C6 cls`res` 'U6 ria ria csi(4 tN iia 'i CN V cs v�n V �i �a d:3 CS CS Ci ".J SCSOt� Cal 000 t Y 4t C1 ;Q Nr qtl r 'r � Vo iO N i CN N N C16 c V N N M N 4 :3 to to Y to VITT u�S I�� � � � � � � A 0 hs to 0 m z r- LLIa `0 to00co f-0 0 acs �sA ) c�s�o � X00) cet L1t to w 14 N � u? r- us us N 0 rs us 't tte 0 ui e4 1 Zi u7 ( ub C ui cli en k N ni u3 ati ss ass` U. Sm List 23b M CA E`> CO CO co r-M CO dfb Cb M rW O C3 CV !Q CL5 r M 00 iso 65 w CA t-- M C> co rl m C7b C� Y5 d 3 iib 00 es C) mwco NITIttnN.fa coCO � — us CD 0 r w qt CL t tz -i Cq�_ rs�gf f i v te co Las ii c i C6 06 of 0 0 z0 co w w N r 8 f 0 CL E _ z 00 .� zaa Lrs r zfs � r- c� c3 co w 0 0 e� } '� rN i c r r- V, r r', Vl V 2 N o Co ra ifs � aa7 a, coo -:- - Cl cws r fl -46 S s� �° C'ai w tL5 �8� N M i0 N 40 M m i"°b w CN M m tPt 3'•, til w 8� t99 0 Z r C o G co ® 0 Q p G S 808 8 888108 418C 8 8 V 0w6 %n r - w CL M ra- �- r r 0 cm rwre- rwri- w � e- s- r .-- rrr- P'- re- w M e- rr R e� .i �,{,., — cep 0 t�t� Z I-- 0 ers tJLJ�oow� g� L) Z0 0 r�2oz oCL, z�� !� 0-0 I CLCL&0- Z � �- (2 Lu 0 CL 0 � c ; 9 CL � L - w z 3 z z WWW w �g 0 U. co m L3 0 a.iii m 0 M 4.� G� : aI3 o w 8 z ell M Z7 Fes— o! z LAG a LL LLI z 1 i Lu E < d) Z ? - _ ii q � a ai I3 1 an W .-5 U') cd a CL SR iLt L3; � izIs"1.ifSC17to � A, s C =o--,S �° � iD CiE✓^ �d tsP � EXHT.BIT is PACIFIC GAS AND ELECTRIC COMPANY NONDISCLOSURE AND USE OF INFORMATION AGREEMENT 1/j spa eaPO THIS AGREEMENT is by and be n t i_6 co-st eovkq m-f (heroyinafter referred to as "Company`), Vii' 2 Pe ee (hereinafte<referred td as"Undersigned')authorized employee of Company(together,the ORecelving ParV),and PACIFIC GAS AND ELECTRIC COMPANY (hereinafter referred to as"PG&E")on the date set forth below. Undersigned and Company agree as fbi( ; 1, The Receiving Party acknowledges that in the course of performing services or work for PG&t,the Receiving Party will be given access to customer andtechnic-at lnfosrtraation and materials including, but not limited to,inform tion relating to reports, specff=tions and records, including data and Infomation from or related to PG&E°s customers, and/or soN,are,data,computer models,and related documentation,which are owned by PG&E,its parent company,subsidiaries,or affiliates,and/oar owned by third parties and in the possession of or fioened to PG&Ec, and which constitute valuable, confidential and proprietary information, know-how, and trade secrets, belonging to PG&E, Its parent company, subsidiaries, or affiliates and/or third parties(hereinafter referred to as"Proprietary infonrration*). 2e in ccnside~ation of being made privy to such Proprietary information, and of the contracting for the Recelving Party's professional services by PG&E,the Receiving Party hereby agrees to hold the same in strict confidence,and not to disclose it,or otherwise make it available, to any person or third party, including any affiliate of PG&E that produces energy or energy-related products or services,without the ,prior written consent of PG&E. The Receiving Party agrees that all such Proprietary information: (a) shall be used only for the purpose of providing services or work for PG&E,arid_ - (b) shall not be reproduced,copied, in whole or in part, except as specifically authorized and in conformance with PG&E`s instructions when necessary for the purposes set forth in (a) above; and (c) shall,together with any copies, reproductions or other records thereof, in any form, and all information and materials developed by Undersigned therefrom, be returned to PG&E when no longer needed for the performance of Undersigned's services for PG&E. 3. The Receiving Party hereby agrees that any third parties owning any Proprietary information are express whird party beneficiaries of this Agreement. 4. The Receiving Party hereby agrees that for any violation of any provision of this Agreement, a restraining order acid/or injunction may be issued against the Receiving Party in addition to any other remedy PG&E may have at lama. S. This Agreement shall be governed by and interpreted in accordance with the laws of The Mate of California. UNDERSIGNED � COMPANY(of which undaesVmd a an effspioy ) P �w- a a ,,�' , Signature - any Na r`c , e - . Nam 9i%fvre o 6nze g-fn of ornpany T-Itle Name Company Pities Date Date County Administrator Contra Risk management Division CoshajK � � �rr��nt 2530 -) , C Drive, .945 40 Count Pulp~"-�z,c,afifor^s 94553 Adrr;n=.stration (925)335-1450 t Fax Number 1,925)335-9420 June 28, 2090 indi Leve, Contract Administrator star PG&E P.O. Box 770000, Marl Code 128E. San Francisco, C4 94177 Dear lis. Lome: Ree ` feather€ tion'Prograrn —July 1, 2000 —December 31, 2000 The County of Contra Costa has a comprehensive self-insurance program to carver, Its general, nutomobile, and professional liability exposure, as well as its obligations under the Workers'Compensation j s of Callfbrnia. The County's self-insurance program provides for the legal defense of officials, employees, and volunteers pursuant to government Code Seciflon 825 and for the payment of all sums that the County is obligated to pay by reason of liability imposed by lave and arising from acts or failures to act, excepting punitive damages. This protection covers services performed by officers, employees, and volunteers within the scope of their official dales in accordance with the conditions of their employment or service. The self-insurance program is funded to provide payment of claims. Sincerely, —I-- Tony hleder Assistant Fisk Manager T'S:py cc: Mickie Perez 4 EXHIBIT I PG&E SUPPLIER DIVERSITY PROGRAM POLICY CONTRACTOR AND SUBCONTRACTORS OF ALL TIERS MUST COMPLY WITH PG E'S SUPPLIER DIVERSITY PROGRAM POLICY IN THE AWARD OF ALL SUBCONTRACTORS AND BUB- SUBCONTRACTS, This palmy requires that Women, Minority and Disabled Veteran Business Enterprises ('MDVBEs)shall have maximum practicable opportunity to participate in the performance of the work.# Contractor shall provide, along with Contractor's proposal, a separate, signed Subcontracting Plan consisting of elthere (i) a specific list of subcontractors and sub-subcontractors who will participate in the performance of the work, on the form attached as Exhibit I-A, or(Ii)a statement setting forth the Contractor's germs for WMDVBE subcontracting of all tiers and setting forth such additional goad faith efforts Contractor, subcontractors and sub-subcontractors will employ to increase the participation of W DVBE in the performance of the work. In the case where Contractor has not submitted a specific list of subcontractors and sub-subcontractors with Contractors proposal, prior to requesting bids for any subcontract or sub-subcontract, Contractor, subcontractor and sub-subcontractor shall submit to the PG&E Negotiator or Contract Administrator a list of prospective tVMDVBEs that will. be invited to compete for such subcontracts on the form attached as Exhibit I-A. Additionally, with each.application for payment, Contractor, subcontractors, and sub-subcontractors shall submit an updated List of Subcontractors.Subsuppliers and Disbursement Record with a current accounting of actual subcontractor payments as of the date of the invoice(Exhibit I-A., column 6). WMUVBEs must be verified pursuant to the procedures prescribed in Section 2 of CPUC General Order 156. t3 s�a r ' m to m ter £_, t15 CL sz `-� t c cr Gam`? LJ a C+ ' C Cas Gas w w w Sec: rl_l w C3 dV cg t CU r e z ( -0 C E z u 0. a to c,�s Gas � m031 V m m Iv 3 j ' E � 3 i EXHIBIT 2 POLICY REGARDING UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL DISADVANTAGED BUSINESS CONCERNS The fallowing policy of the United States shall be adhered to in the performance of this Contract: a. It is the policy of the United States that small business concerns and small business concerns owned and controlled by socially and economically disadvantaged individuals shall have the maximum practicable opportunity to participate in performi Costta 1999 INTERNAL OPERATIONS COMMITTEE DATE' �i.., December 13, 1 999 County SUBJECT: SMALL, BUSINESS ENTERPRISE PROGRAM SPECIFIC REOUEST(S)OR RECOMMENOATtON(Sy 4 BACKGROUND AND JUSTIFICATION EOCBkI'IENRA7'MM: 1. APPROVE the attached Small Business Enterprise Program. 2. DIRECT the County Administrator to provide appropriate Instructions to County Departments on the Implementation of the Small Business Enterprise Program, 3. REMOVE this subject as a referral to the 1999 Internal Operations Committee and Instead REFER it to the 2000 Internal Operations Committee for continuing policy oversight,as Is provided for on the last page of the attached. BACKGROUND: This subject was referred to our Committee nearly a year ago and we have reset on It with staff on several occasions throughout the year. Our goal was to put together a program that would provide small businesses with a fair share of the County's businesses. We believe we have done that. To briefly summarize the content of the attached report: The program covers construction contracts of$25,000 or less and purchasing transactions of$50,000 or less and professional/personal services contracts of$50,000 or less. CONTINUED ON ATTACHMENT: ..,..o-YES SIGNATURE: _®.RECOMMENDATION Of COUNTY ADM;NISTRATOR RECOMMENDATION OF BOAR MMI E t ®APPROVE OTHER ) qgg q A ACTION OF BOARD ON— - JwaBm 215.2000 APPRON£ffi AS RECOMME!mw OTHIAM . The following people offered public comment on this matter: Oren Sellshorn,301 I+,+€ission Street,#400,Lawyer's Committee for Civil Rights;and Jonotl=Dumas,41 Carter Cort,Equal Employment Opportumity Advisory,El Sobrante; The Board discussed the issues and took the following action: ACCEPTED staff's Recommendations Nos.1 and 2;and DIRECTED No.3 include the language"and for potential broadening of the Program as the Committee determines". VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ASSENT - - - - - -- p AND CORRECT COPY OF AN ACTION TAKEN AYES: I,Y,YCx TTT NOES: - ANO ENTERED ON THE MINUTES OF THE BOARD ASSENT: TT AB.STAft OF SUPERVISORS ON THE DATE SHOWN. ATTESTED A`I° D Contact: PHIL BATCI-ELOR.CLERK OF THE BOARD OF cc: County Administrator SUPERVISORS AND COQNTY ADMiNISTRATOA Julie Enea, Staff to the Internal Operatio s Convict Affirmative Action Officer i BY DEPUTY loCmfl1 For those contracts and transactions that are not exempt from the program, 50% of the dollar amount will be awarded to small businesses, as a small business is defined. Businesses which do not qualify as a small business will not be able to bid on the contract or transaction. All other factors being substantially the same,contracts are to be awarded to a local small business. ® The County Administrator is to make a report to the Board annually by March 30 on the success of the program. -2- t ham• Contra Costa County Small Business Enterprise Program 1. Scope of Program A. Contra Costa County values the contributions of small businesses in County contracting and will assist in the development, solicitation, and contract awards to small businesses. B. The Small Business Enterprise(SBE) Program applies to: construction contracts of$25,000 or less; purchasing transactions of$56,000 or less; professional/personal service contracts of$50,000 or less; at the time of contract award. C. The program would not apply to any contracts or purchasing funded in whole or in part by the federal government to which Disadvantaged Business Enterprise (DBE) requirements apply as a condition of Federal funding. D. The County Administrator may exempt emergency construction projects, purchasing transactions, professional/personal service contracts, and outer I partiCular projects or contracts, s<zch as sofc s«urcc contracts, from the S13F Program reguirenients, where the C"outity Admin"strator is satisfied that: (r ) the exemption is required to avoid unreasonable expense or delay to the County; (2) the project(s), transaction(s), or contract(s) in question cannot reasonably be performed by an SBE; (3) no valid purpose would be served by applying the SBE Program requirements; or(4) the exemption is justified by special or unique circumstances. Whenever the County Administrator decides to exempt a project or class of projects, that decision shall be reported to the.Board of Supervisors' Internal Operations Committee or, if appropriate, to the Board. E. Departments with purchasing source discretion("PSD") will: identify those contracts under the threshold amount for each SBE program area( i.e., construction, purchasing transactions, and professional and personal service contracts) and set-aside contracts for only SBEs to submit bids, proposals or enter into negotiated contracts, g determine if contracts will be informal bids/proposals, formal bids/ proposals, or negotiated contracts; will review all construction contracts, purchasing transactions, and professional and personal services contracts under the threshold amounts 2 for the S€3E program on a reasonable brisis to ensure that the County Incas the goat of this program-, and make every effort to maintain a tare base for SBE contracting. h. The SBE Program does not apply to the following, which are exemptfrom the SBE Program base amount: Association dues and membership Fees, Postage, Federal Express, and UPS; Lodging; Registration and conference booths; Bus fares, Bay Area Rapid Transit District(BART) tickets, fares for ether forms of public transportation, and bridge tolls; Permits, fees, and licenses paid to governmental agencies; Utility installation fees; Pre-employment screening and fitness for duty exams; Legal notices; - Purchases or contracts with other public (local, state, or federal)agencies such as the State of California and the Los Angeles County Joint Purchasing Group; 3 Contracts between divisions in a department or contracts between twos different departments; Contract consultants who answer "yes" to any of the questions on the Questionnaire for Determining Independent Contractor Payment Method fore unless it is determined and certified that they are SEES, as defined in Section D of Part III of this Program; and Contracts with private non profit organizations and agencies. G. The program will be implemented and monitored by the General Services Director(Purchasing Agent), Department Meads with purchasing source discretion("PSD"), and the County's Affirmative Action Officer. Departments with"PSD"will submit quarterly reports of their"PSD"transactions in a timely manner to the County Administrator or designee, and a draft annual report prepared by the Affirmative Action Officer will be submitted to the County Administrator. On or before March 30 of each year, a final annual report by the County Administrator will be submitted to the Board of Supervisors on the County's SBE Program.. Departments with "PSD"who do not meet a 50% SEE participation in the"PSD"transactions applicable to their departments shall report to the County Administrator on this area. 4 1 . An SERE; contractor may appeal to the Department Head or designee W1111i11 10 days of the award of a contract. H"he complaint is not resolved wi`hn, t1le department, the SISI✓ firm may file a complaint with the County's Affirmative Action Officer. If it is not resolved with the Affirmative Action Officer, the County Administrator will review the complaint and tale appropriate actions. II. Program requirements A. The total dollar base amount is the number of non-exempt contractds under the SBE Program threshold for construction(total contracts at$25,000 or less), purchasing(total contracts at$50,000 or less), professional/pen,professional/pen,onal services (total contracts at$50,000 or less). B. At least fifty percent(50%) or more of the total dollar base amount for the calendar year of construction contracts, purchasing transactions; and professional/personal services contracts 5 available to the program Should be awarded to SBF,s, as provided is; Sectioti A above. C. Where the purchasing and professional/personal services SBP Program overlap with the purchasing and professional/personal services Outreach Program, the 50% non SBI; purchasing transactions and professional/personal services contracts should meet the Outreach Program requirements. D. To the extent allowed by law, the General Services Director(Purchasing Agent) and County departments with PSIS shall maximize business opportunities for local SBBs to compete and shall give a contracting priority to such local SBBs for County construction contracts, professional/personal service contracts, and purchasing transactions covered by the-SBE Program where there is no significant difference between the local SBB's bid, proposal, or price and other bids, proposals, or prices for the contract or purchasing transaction. III. Program Responsibility 6 A- 11oard <)t*Supervisors: The Boa-rd of-Supervisors has adopte(.11 a SBE Pr<)g*ajj,, to assist M the solicitation and award ofcontricts to sniall businesses 'Imi-OCU!arty those located in Contra Costa County). B. County Administrator: The County Administrator is responsible for the development, implementation, monitoring, and evaluation of the SBE Program and may delegate responsibility to the Affirmative Action Officer or other designee. C. Department Heads: I The County Administrator, General Services Department, Building Inspection Department, Community Development Department, Public Works Department, and any other Department that enters into construction contracts (not performed by another County Department): are responsible for implementing the SBE Program for construction contracts in their respective departments. 2. The General Services Director(Purchasing Agent) 7 (srespo;is'ble f<;r reporting on all purchasing IransiiChOW, processed and the socirce(s) determined by that departnnent, as- provided sprovided in Section B of Fart IV of this Program. 3. All Department Heads Are responsible for implementing the SBE Program for "PSD" purchasing transactions of the department and "PSIS" pro fes sionalipersonal service contracts for their respective departments. D. Program Definitions 1. Small Business Enterprise(SBE): as An eligible Small Business Enterprise, as defined by the California Government Code, Section 14837, Chapter 3.5, is an independently owned and operated business, which is not dominant in its field of operation, the principal office of which is located in California; 8 ;13c «f-Ilcet «t wt3icl� arr dt�► ziciled in Cal .trni<f, imd which, together with affiliates, has 100 or fcwer employees,- and average anneal gross receipts of ten million dollars ($10,000,000) or less over the previous three years, or is a manufacturer with 100 or fearer employees. 2. Sl3Es certified by the state would qualify for participation in the County's SBE Program. An SBE that is self-certified and claims its status under penalty of perjury, and such self-certification is concurred in by the department, also would qualify. 3. The base for the total dollar amount is the total number of contracts under the SBE Program threshold for construction (total contracts at $25,000 or less), purchasing(total contracts at$50,000 or less), and professional/personal services (total contracts at$50,000 or less) contracts. 9 4. A local SBFT is an SBF whose Ma 111' ,tice is locatcd In Contra Costa County. 5. An SB Directory of Self-Certified firms will be developed and Maintained by the Affirmative Action Office. 6, Purchasing Source Discretion ("PSD") means those transactions where a department has sale discretion to determine the source of goods, services or construction without limitation to those vendors or contractors approved by the Purchasing Agent and where the Purchasing Agent processes the transaction without exercising any discretion. IV. Program Procedures and Implementation A. Department Pleads with "PSD" are responsible for administration and implementation of the SEE Program (construction, purchasing transaction, and/or professional and personal service contracts) for their"PSD" transactions and shall submit quarterly reports to the County Administrator or designee in a timely manner. 10 ;3. 'Fhc (:c:;icrid `ervsccs Departinelit (Ilurcl,<ising Agent) is responsIhic 1<01. 6C!)orti119 on and inipiennenting the >13F. Program #Or ail purciirisil:g transactions �md corp€races that are processed by that department, except (or those transactio►is where another department exercises "PSD," as defined in Section D. 6 of Part Iii of this Program. Such reporting will be done on a quarterly basis in a timely manner to the County Administrator or designee by the General Services Department (Purchasing Agent). V. Conclusion A. County Administrator will On or before March 30 of each year, submit a final annual report to the Board of Supervisors indicating the total dollar amount of qualified contracts and SBE contracts ($25,000 and less for constracti.on; $50,000 and less for purchasing; and $50,000 and less for professional/personal services contracts) for the County. Submit SBE recommendations to the Board of Supervisors. I . The Intenmi w<z Airs C'mninittcc of the ijoar-d ()[Supervisors sxdl have Continuing po: y oversight an(i (Jcvelop any recommendations for program changes. a:sbe3 12 SECTION 3-OUTREACH PROGRAM/MANDATORY SUBCONTRACTING MINIMUNUAWARD AND EXECUTION OF CONTRACT SECTION 3-1.00 OUTREACH PROGRAM 3-1.01 General This project is subject to the policies and requirements established in the County's Outreach Program for the use of Minority Business Enterprises(MBEs), Women Business Enterprises (WBEs), Other Business Enterprises (OBEs), Small Business Enterprises (SBEs), and Local Business Enterprises (LBEs). The County is committed to ensuring fall and equitable participation by minority, women, and other sub-bid or subcontracting businesses in County-funded construction projects. The Outreach Program is set forth herein. Bidders should be fully informed of this program. Bidders are encouraged to use MBE/WBE firms whenever there is a need to subcontract portions of the work. Failure to comply with the County's Outreach Program may render the bid non-responsive. 3-1.02 MBE/WBE/OBE Participation The Outreach Program requires the bidder to make a "Good Faith Effort" to obtain sub-bid participation by MBEs, WBEs, OBEs, SBEs, and LBEs which is anticipated by the County to produce levels of participation as stated in the proposal form. 3-1.03 Definitions For purposes of this program, the following definitions shall apply- A. "Minority or Women Business Enterprise(MBE or WBE)" means a business enterprise Haat meets both of the following criteria: I A business entity that is at least 51 percent owned by one or more minority persons or women or, in the case of any business whose stock is held, at least 51 percent of the stock is owned by one or more minority persons or women; and 2. A business whose management and daily business operations are controlled by one or more minority persons or women. B. "Other Business Enterprise (OBE)" means any business which does not otherwise qualify as a Minority or Women Business Enterprise. C. "Small Business Enterprise (SBE)" means a small business concern, as defined in Section 3 of the Small Business Act and implementing regulations (Volume 13 of the Code of Federal Regulations, Chapter 1). D. "Local Business Enterprise (LBE)" means a business that has its main office or principal place of business within the boundaries of Contra Costa County. E. "Minority person" means African. Americans; Hispanic Americans; Native Americans (including American Indians, Eskimos, Aleuts, and Naive Hawaiians); Asian Pacific (including persons whose origins are from Japan, China., Taiwan, Korea, Vietnam, Laos, Cambodia., the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific, and the Northern Marianas); and Asian. Indians (including persons whose origins are from India, Pakistan,and Bangladesh). P. "Subcontract" paeans an agreement between the prime contractor and an individual, firm, or corporation for the performance of a particular portion(s) of the work which the prime contractor has obligated itself. G. "Subcontractor" means an individual, firm, or corporation having a direct contract with the contractor for the performance of a part of the work which is proposed to be constructed or done under the contract or permit, including the furnishing of all labor, materials, or equipment. H. "Vendor and/or supplier" means a firm that owns, operates, or maintains a stare, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. The firm must engage in, as its principal business, and its own name, the purchase and sale of the products in question. A vendor and/or supplier of bulk items such as steel, cement, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. T. "Manufacturer" means a firm that operates-or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the contractor. J. "Trucker" means a firm that performs hauling or trucking work with trucks owned or leased by that firm. K. "Broker" means a firm Haat charges for providing a bona fide service such as professional, technical, consultant, or managerial services and assistance in the procurement of essential personnel, facilities, equipment, insurance or bonds, materials, or supplies required for the performance of the contract. The fee or commission is to be reasonable and not excessive as comparred with fees customarily allowed for similar services. 3.1.04 Certification and Participation of Minerity and. Women Business Entemrises A. If recognition is to be given to MBE/ BE participation on this project, within.three(3) working days after bid opening, an MBE/ E must be: (a) certified by the involved County department or self-certified on an appropriate form satisfactory to the County, or (b) certified by any of the following agencies—State of California. Department of Transportation (Caltrans), City of Oakland, fort of Oakland, Regional Transit Coordinating Council, San Francisco Human Fights Commission, .Los Angeles County Metropolitan Transportation Commission,or U.S. Small Business Administration. 2 Applications for certification and/or directories of MBE/ BE certified firms are available at the following locations: 1. Contra Costa County Affirmative Action Office, 651 Pine Street, 10th Floor, Martinez, CA 94553 Telephone: (925) 335-1045 Fax: (925)646-1353 Email: brinecao.co.contra-costa.ca.us 2. Citv of Oakland Office of Public Works, One City Hall Plaza, Oakland, CA 34612 Telephone: (510) 238-397€1 Fax: (510)234-2233 3. Los Angeles ounty hsletro aolitan Transt ortation orranission Equal Opportunity Department, 1 Gateway Plaza, los Angeles, CA 90012 Telephone- (213) 922-2500 Fax: (213) 922-7650 4. Port of DAkld 530 'Mater Street, Oakland, CA 94607 Telephone: (510) 272-1334 Fax: (55 10) 272-1172 5. Regional 'Transit Coordinating Council Includes the following agencies: AC Transit(Alameda Contra Costa Transit District) Telephone: (510) 577-8812 Fax: (510)577-8839 Email: sandyp@@pacbell.net BART(Bay Area Rapid"Transit District) Telephone: (510)464-6110 Fax: (510)464-7587 Email:jrnacklbart.dst.ca.us County Connection(Central Contra Costa Transit Authority) Telephone: (925) 675-1976 x223 Fax: (925) 586-2630 Metropolitan Transportation Commission Telephone: (510) 454-7750 Fax: (510)464-7848 Email:jmiyas@mte.dst.ca.us Sarntrans (San Mateo County Transit District) Telephone: (415) 508-6417 3 Fax: (415) 508-6415 Sar Francisco Municipal Railway Telephone: (415) 923-6139 Fax: (415) 923-6180 Santa Clara Valley Transportation Authority Telephone: (408) 321-5606 Fax: (408)955-0892 Email: andy.flores@vta.org 6. San Francisco i Liman Rights Commission 25 Van Ness Avenue, Suite 800, San Francisco, CA 94102-6033 Telephone: (415)252-2500 Fax: (415)431-5764 Webpage: hatp://ww-w.sfhumanrights.org/ (Note: Firm must be listed on their certification list,not their registry). 7. Caltrans California Doartmeat of Transportation Division of Civil Rights, 1120 N Street, Room 2445, Sacramento,CA 95814 Webpage: http:/www.dot.ca.gov/hq 8. US. Small Business Administration Regional Office, 71 Stevenson Street, 20'Floor, San Francisco, CA 94105-2939 Telephone: (415) '744-6808 Webpage: http://www/goveon.com/ B. This applies to recognition as an MBEIWBE. I. All listed MBE or VME firms must be certified as defined under the preceding paragraph before credit .may be allowed toward the respective MBE or WBE participation level. 2. Work performed by a prune contractor will be considered for credit in computing any level of anticipated l BEfWBE participation established for this project. The prime contractor will be required to make a good faith effort to obtain certified BEs/WBEs through subcontracting to reach anticipated participation levels. 3. A listed MBE or WBE firm must perform a commercially useful function, i.e., rust be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing, and supervising the work. 4. Recognition for materials and/or supplies is limited to 60 percent of the amount to be paid to the vendor for such materials/supplies in computing the levels of MBE/WBE participation, unless the vendor manufactures or substantially alters the materials/supplies. 4 5. MBE/WBE credit shall not be given to a Joint Venture partner listed as a subcontractor by a Joint Venture bidder. 6. MBE/WBE credit for brokers required for performance of the contract is limited to the reasonable fee or commission charged, as not considered excessive, as compared with fees customarily allowed for similar services. 3-1.05 food Faith Effort Documentation The bidder must take affirmative steps prior to bid opening to ensure that a maximum effort is made to recruit sub-bidder/subcontractors. Minority and women-owned and controlled businesses must be considered along with other business enterprises whenever possible as sources of supplies, construction, and other services. The required affirmative steps for Good Faith Effort documentation are outlined below. It is the policy of Contra Costa County to provide all MBEs, WBEs, OBEs, SBEs, and LBEs an equal opportunity to participate in the performance of all County contracts. Bidders must assist the County in implementing this policy by taking all reasonable steps to ensure that all qualified business enterprises, including MBEs, WBEs, OBEs, SBEs, and LBEs have an equal opportunity to compete for and participate in County contracts. A bidder's good faith efforts to reach out to MBEs, WBEs, OBEs, SBEs, and LBEs (subcontractors, suppliers, manufacturers, truckers, etc.) will be determined by the Board of Supervisors from written documentation of the level of effort put into achieving the indicators. Failure to meet anticipated MBE/W131 participation levels will not by itself be the basis for disqualification or determination of noncompliance with this policy. However, failure to include supporting documentation of a good faith effort and failure to achieve a minimum of 75 out of 100 Good Faith Effort evaluation points may render the bid non-responsive and may result in its rejection. Adequacy of bidder's good faith effort will be determined after consideration of the indicators of good faith as set forth below. ------------------- Indicator 1 2 3 4 5 6 7 8 9 10 Total Points 0 10 13 9 10 10 5 10 26 7 100 Each indicator (2-10) is evaluated on a pass1fail basis, Le., eitherfull or zero points can be achieved for compliance with each item 1_21 LEVEL OF ANTICIPATED MBEfWBE PARTICIPATION _J No Points The bidder has made a good faith effort to obtain sub-bid participation by MBEs, WBEs, OBEs, SBEs, and LBEs which could be expected by the County to produce a reasonable level of participation by interested business enterprises, including the anticipated levels of MBE and WBE participation set forth in the proposal form and to have the bidder meet the Mandatory Subcontracting Minimum for the project. 5 2.1 ATTENDED PRE-BID MEETING - 14 points The bidder has attended the pre-bid meeting scheduled by the County to inform all bidders of time requirements for the; project for which the contract will be awarded. This requirement may be waived only if the bidder certifies in writing prior to the pre-bid m ggins that it was already informed as to these project requirements. Required Documentation: a) Attend pre-bid meeting and be listed on the attendance sheets or b) Submit a letter prier to the pre-bid meeting either by fax to (925) 335- of'by mail to 13, J SUFFICIENT WORK IDENTIFIED FOR SUBCONTRACTORS 13 Poin Tl,-,e bidder has identified, listed and selected .specific work items in the project to be performed by sub-bidders/subcontractors in order to provide an opportunity for participation by MBEs, WBEs, OBEs, SBEs, and LBEs. Upon making this determination,the bidder subdivided the total contract work requirements into smaller portions or quantities to permit maximum active participation of MBEs, WBEs, OBEs, SEES,and LBEs. Required Documentation: goof of this must be demonstrated in either Indicator 4 or 5. 4 1 ADVERTISEMENT 1 9 Points Not less than ten (1 0) calendar days prior to bid opening, the bidder advertised for sub-bids from, interested business enterprises in one or more daily or weekly newspapers, trade association publications, minority or trade oriented publications, trade journals, or other media, specified by time County, such as the; Daily Construction Service, time wily Pacific Builder, or the Small Business Exchange. Required Documentation: A copy of the advertisement and a proof of publication statement or other verification which confirms the date time advertisement was published. Note: The advertisement must be specific to the project, not generic, and may not be a plan holder advertisement provided by the publication. It should include the County project name, name of bidder, areas of work available for subcontracting, and a contact person's rename and telephone number, information on the availability of plans and specifications and time bidder's policy concerning assistance to subcontractors in obtaining bonds, lines of credit, and/or insurance. Consideration will be given to the wording of the advertisement to ensure that it did not exclude or seriously limit time number of potential respondents. 5 1 WRITTEN NOTICES TO SUBCONTRACTORS 10 Points The bidder has provided written notice of its interest in receiving sub-bids on the contract to those subcontractors, suppliers, ,manufacturers, and truckers, including MBEs, WBEs, OBEs, BEs, and LBEs having an interest in participation in the selected work items. All notices of 6 interest shall be provided not less than ten (10) calendar days prior to the date the bids are required to be submitted. Required Documentation: A copy of each letter sent to available MBEs, WBEs, OBEs, SBEs, and DBEs for each item of work to be performed. If there is only one master notification, then a copy of the letter along with a listing of all recipients will suffice. Faxed copies must include the fax transmittal confirmation slip showing the date and time of transmission. ?bailed letters must include copies of the metered envelopes or certified mail receipts. Letters must contain: areas of work to be subcontracted; County project name; name of the bidder; contact person's name, address, and telephone number; information on the availability of plans and specifications; and the bidder's policy concerning assistance with bonds, lines of credit, and insurance. Note; This written notice can be used to satisfy Indicators 3, 7, and IIB. CERTIFICATION AGENCIES (Bidders should contact the agencies listed in Paragraph 3-1.04A above to obtain current copies of IbBE/ BE directories for listings of certified MBE/WBE firms.) 6 FOLLOW-UP ON INITIAL SOLICITATION 10 Points The bidder has documented e5orts to follow-up initial solicitations made. in Indicator 95 by contacting the MBEs, WBEs, OBEs, LBEs, and SBEs to determine with certainty whether said businesses were interested in performing specific portions of the project work, to answer any questions from them., to record any telephone quotes;and to confirm/record the business' interest in bidding on the project. Required Documentation: A copy of telephone; logs. 'These lags must include the name of the company called, telephone number, contact person, who did the calling, time, date, and the result of the conversation. Bidder must fallow-up with all subcontractors to whom they seat letters. —7 ? PLANS,SPECIFICATIONS AND REQUIREMFNTS Points The bidder has provided interested sub-bid enterprises with information about the plans, specifications, and requirements for the selected sub-bid/subcontracting work. Required Documentation: Include in Indicator 4 or 5, information detailing how, where, and when the bidder will make the required information available to interested subcontractors. L8J CONTACTED RECRUITMENT/PLACEMENT ORGANIZATIONS_ 11 �oirrts The bidder has requested assistance from organizations that provide assistance in the recruitment and placement of MBEs, WBEs, OBEs, SBEs, and LBEs not less than fifteen (15) calendar clays prior to the submission of bids. Any organizations which have been contacted must be listed in the required documentation. 7 Required Documentation: A copy of each letter sent to outreach agencies requesting assistance in recruiting DBEs, WBEs, OBEs, SBEs, and LBEs. Faxed copies must include the fax transmittal confirmation slip showing the date and time of transmission. 'Nailed letters trust include copies of the metered envelopes or certified mail receipts. Letters trust contain areas of work to be subcontracted, County project name, name of the bidder, and contact person's name, address, and telephone Number. 9 lV' 'OTIATE IN GOOD FAITH26 Points The bidder has Negotiated in good faith with interested ?CBEs, WBEs, OBEs, SBEs, and LBEs and did not unjustifiably reject as unsatisfactory bids or proposals prepared by any enterprise, as determined by the County. Required Documentation: a) Copies of all MBE/WBE/0BE/SBE/LBE bids or quotes received; and b) Summary sheet organized by work area, listing the bids received, the name of the company that submitted the bid, the dollar amount of the bid and the subcontractor selected for that work area. If the bidder elects to perform a listed work area with its own forces, they must include a bid that shows their own casts for the work. I-10 BOND, LIMES OF CREDIT, AND INSURANCE ASSISTANCE 7 Points _ The bidder has documented efforts to advise and assist interested MBEs, WBEs, OBEs, SBEs, and LBEs in obtaining bonds, lines of credit, and insurance required by the County or contractor. Required Documentation: Include in Indicator 4 or 5, information about the bidders's efforts to assist with bonds, lines of credit, and insurance. No later than three (3) working days following bid opening, the bidders shall submit completed good faith effort documentation to the County. In its review of the ,good faith effort documentation, the County may request additional information to validate and/or clarify that the goad faith effort submission was adequate. Such information shall be submitted promptly upon request by the County. For MBE/ 'BE firms to be used on the project, the bidder shall submit, within three (3) working days after bid opening, a completed "Letter of Intent" form for each such firm(see sample form at end of Division E). Use of the form will verify the amount of work each MBE/ VBE subcontractor, supplier, manufacturer, or trucker intends to perforin. The form shall be signed by the MBE/WBE subcontractor, supplier, manufacturer, or trucker identifying the item(s)of work to be performed and the actual dollar value to be received. 3-1.06 Award-of Contract The Board reserves the right to reject any and all bids. The award of a contract will be to the lowest responsive, responsible bidder whose proposal complies with all requirements prescribed herein. This includes compliance with the required Outreach Program. A positive and adequate demonstration to the satisfaction of the Beard of Supervisors that a 8 good faith effort to include MBE/WBE/OBE/SEE/LBE subcontractors' participation was made is a condition, for eligibility for award of the contract. In the event that the ward considers awarding away from the apparent low bidden because of the bidder's failure to supply adequate good faith effort documentation, the County shall afford the bidder an opportunity to present farther evidence prior to award of contract. The Board specifically reserves the right, in its sole discretion, to waive any of the time requirements set forth in this Division E and to waive any ether irregularities relating to compliance with the County's Outreach Program. -1.07 Subcontractor Substitution In addition to the requirements set forth in the provisions pertaining to the listing of subcontractors the following shall apply for the purpose of this program: A. Substitution During Construction: The contract ward requires that the level of all subcontractor participation. shall be maintained throughout the duration of the contract. I. The Contractor shall request advance approval for all substitutions of bid-listed subcontractors. 2. The request shall be in writing and submitted to the County. The request shall give the reason for the substitution., the name of the subcontractor, supplier, trucker,or manufacturer, and the name of the replacement. B. MBEIWBE Sub-bidder/Subcontractor Substitution: The County requires that whenever the Contractor seeks to substitute a bid-listed MELEE subcontractor, supplier, manufacturer, or trucker, the Contractor roust snake a good faith effort to replace the Fm BECWBE with a firm of the same certification status (ie., MBE for MBE and WBE for E). 1. The Contractor shall call at lease two (2) certified ITE or ' E. sub-bid prospects from each trade for which sub-bid/subcontracting work is available and document the following for submittal: Mate of the company called; contact person and telephone number; date and time of contact. Response for each item of work which was solicited., including dollar amounts. Reason for selection or rejection of sub-bid prospect. 2. The Contractor shall submit all documentation of good faith efforts to the County for review and approval by the County Administrator's Office. 9 -1008 Sub-atreemerrt Falsification Falsification or misrepresentation of a sub-agreement as to company name,contract amount, and/or actual work to be dome by the sub-bidder/subcontractor will result in sanctions set forth in provisions pertaining to listing of subcontractors. 3-1649 Final Subcontracting port Submittal/Verification of Performance Forms The Contractor roust submit the Final Subcontracting Report to the County Affirmative Action Office within fifteen (15) calendar days after the final inspection of the contract work by the County. Failure to comply may result in the assessment of liquidated damages in the amount of five hundred dollars ($500.00) per calendar day by the hoard of Supervisors. `upon completion of work, the Contractor shall submit a completed "Verification of Performance" form (see sample form at end of Division E) for each MBE/ E prune contractor, subcontractor, supplier, manufacturer, or trucker used on the project or listed in the bid. The formm shall be signed by the MBEIWBE identifying the item(s) of work performed and the actual dollar amount received. Final payment for work dome may be withheld until all MBE E Verification of Performance forms are received. The Prime Contractor roust explain in writing any total dollar amounts paid to IEE/ E subcontractors, suppliers, manufacturers, or truckers that are less than the dollar amounts shown on the respective Letter of Intent. 3-1..14 Review of Records Upon request, the Contractor and its subcontractors and truckers shall promptly make available, for review by the County Administrator's Office, certified payroll records and copies of purchase orders, invoices, and/or contracts from suppliers and manufacturers. -1.11 Prompt Payment The Contractor shall make prompt payment to its subcontractors, truckers, suppliers, and manufacturers in accordance with their contracts and legal relationships. SECTION 3-2.00 MANDATORY SUBCONTRACTING MINIMUM -2601. General This project is subject to the policies and requirements established by the Board of Supervisors Outreach Program.-Construction. The County is committed to maximizing subcontracting opportunities in the provision of all goods and services to the County on a contractual basis. The Outreach Program is set forth herein. bidders should be fully informed of this program. Failure to comply with the Mandatory Subcontracting Minimum requirements may render the bill Iron-responsive. 10 3-2.02 Mandatoa Subcontracting Minimum Participation,Lural To be eligible for award of this project, the Board of Supervisors requires the bidder to subcontract a minimum percentage of its bid, which is stated in the proposal form, to any qualified available contractor, and list all subcontractors, regardless of amount, that the bidder wishes to be credited toward achieving the required MSM. Failure to list the subcontractors and subcontracting amounts with the bid on the form provided in the proposal, sufficient to meet or exceed the required MSM, may cause the bid to be rejected by the Board of Supervisors as non-responsive. 3-2.43 Definitions For purposes of this program, the following definitions shall apply; A. "Subcontractor" deans an individual, firm or corporation having a direct contract with the contractor for the performance of a. part of work which is proposed to be constructed or done under the contract or permit, including the furnishing of all labor, materials, or equipment. B. "Subcontract" means an agreement between the prime contractor and an individual, firm or corporation for the performance of a particular portion(s) of the work which the prime contractor has obligated itself. C. `Vendor and/or supplier" means a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, anad regularly sold to the public in the usual coarse of business. The firm must engage in, as its principal business, and its own name, the purchase and sale of the products in question. A supplier of bulk items such as steel, cement, stone and petroleum products need not beep such products in stock, if it ovvvns or operates distribution equipment. D. "Manufacturer" means a fin-n that operates or maintains a factory or establishment that produces on the premises the Materials or suppliers obtained by the contractor. E. "Broker`' means a firm that charges for providing a bona fide service., such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, insurance or bonds, materials or supplies required for performance of the contract. The fee or commission is to be reasonable and not excessive as compared with fees customarily allowed for similar services. 3-2.04 MSM Participation Recognition A. Work performed by a prime contractor will not be considered for credit toward the MSM participation level. It B. MSM credit for materials and/or supplies is limited to 60 erre tt of the amount to be paid to the vendor for the materials/supplies. C. MSM credit for a vendor who substantially alters materials/supplies and/or is a manufacturer will be 140 percent. D. MSM credit for brokers required for performance of the contract is limited to the reasonable fee or commission charged., as not considered excessive, as compared with fees customarily allowed for similar services, E. MSM credit shall not be given to a Joint Venture partner listed as a subcontractor by a Joint'denture bidder. 12 PROPOSAL All good faith effort documentation must be submitted with the bid or within three (3) working days following the bid opening. Failure to submit the required good faith effort documentation within three (3) working days following the bid opening may render the bid non-responsive. -The County anticipated levels of MBE ��lci ation7- 1 14% Participatiorr ------60% The bidder is required to subcontract the following minimum percentage of its bid. Mandatory Subcontracting % Minimum (MSM) Requirement I NOTE: Outreach Program information and/or assistance may be obtained through the County's Affirmative Action Office at (925) 335-1045. [*The MSM percentage figure will vary from project to project depending -upon staff's determination of the amount of work appropriate for subcontracting, the availability of subcontractors, and other pertinent factors.] EXHIBIT 3 INJURY.AND ILLNESS PREVENTION PROGRAM Compliance Certificate The undersigned, theeI � y oet' 0 ` (titlelpos;tlon) (Contractor), hereby certifies to PG&E as (name of Contractor) follows: 1, That Contractor has an effective Injury and Illness Prevention Program which meets the requirements of all applicable legs and regulations, including but not limited to motion 64031.7 of the California Labor Code and that any Subcontractor fired by Contractor to perform any portion of the Work under this Contract has an effective Injury and Illness Prevention Program, and 2. That he or she is the person with the authority and responsibility for implementing and administering Contractor's Injury and Illness Prevention Program. IN WITNESS WHEREOF, the undersigned Inas executed this Compliance Certificate on & :Z a• e"� Signature Print Name BUHDING INSPECTION DEPARTMENT 1999-00 PERFORMANCE.NCE P ORT DEPARTMENT MISSION OR MANDATE OR GOAL To become the preferred leader in building inspection services by helping customers achieve their construction goals and by enhancing the quality of communities through revitalization of neighborhoods, II. MAJOR PROGRAM DESCRIPTIONS A. APPLICATION AND PERMIT CENTER: The land development divisions of Building Inspection, Public Works and Community Development work closely with Environmental Health,the fire districts, the Redevelopment Agency and the Flood Control District to provide a coordinated approach to the processing of land development related permits. The center also provides informational services regarding zoning issues and the land development process. FTE; 31 Budget: $173,067 . ENGINEERING SERVICES: Review plan drawings for structural calculations,and energy conservation of the structure(s)according to the applicable codes and ordinances, Provide technical direction to Ilan Checkers and Building Inspectors as needed. ,also provide plan review services for six cities, and specialized plan checking for the City of Pittsburg Delta Energy Center(DEC). FTE: 14 Budget: $982,633 C. CONSTRUCTION INSPECTION. Review plans,issue building permits and inspect plumbing, mechanical, electrical, structural and grading components to ensure compliance with codes and ordinances to achieve structurally sound and safe foundations and buildings. Also, provide project management and field inspection services for two energy plants in the City of Pittsburg. PTE. 29 T Osis r=bep includes the Petxnanent staff of the All'—'who are funded by the three!And Development Departraents,but does not inolude members of other deparwaents assigned to the Center CB:rr 1