Porterville City Council
February 1, 2022

City Council Agenda February 1, 2022

CITY COUNCIL AGENDA

CITY OF PORTERVILLE

PORTERVILLE, CALIFORNIA
FEBRUARY 1, 2022, 5:30 PM
The City of Porterville City Council will hold a Regular Meeting on February 1, 2022 via Zoom/Livestream only. No physical meeting address will be provided and said meeting will be conducted remotely.

Pursuant to the provisions of Assembly Bill 361, signed into law by Governor Newsom on September 16, 2021, and in an effort to protect public health and slow the rate of transmission of COVID-19, the City of Porterville is allowing for and encouraging electronic participation at City Council Meetings. Until further notice, Porterville City Council Meetings will be live streamed on YouTube at https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA Alternatively, this meeting will also be available via Zoom using the following information Topic: City of Porterville - City Council Meeting of February 1, 2022 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/85308923266?pwd=VUIwV2grZGhMVFArSzhFQXIxUllCdz09 Or via Telephone: 1-669-900-6833 Webinar ID: 853 0892 3266 Passcode: 084966 Call to Order
Roll Call

ORAL COMMUNICATIONS
This is the opportunity to address the City Council on any matter scheduled for Closed Session. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:

1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APNs: 302-130-030 and 302-130-010. Agency Negotiator: John Lollis and Michael Knight. Negotiating Parties: City of Porterville and Mark C. and Virginia Jaggers. Under Negotiation: Terms and Price.

2 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: 215 North D Street. Agency Negotiator: John Lollis and Jason City Council Agenda February 1, 2022

Ridenour. Negotiating Parties: City of Porterville and California Imaging. Under Negotiation: Terms and Price.

3 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: John Lollis and Patrice Hildreth. Employee Organizations: Porterville City Employees Association, Management and Confidential Series, Porterville Peace Officers Association, Public Safety Support Unit, Porterville City Firefighters Association, Fire Officer Series, and all unrepresented management employees.

4 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Statewide Traffic Safety and Signs, Inc. v. California Professional Engineering, et al., and related cross complaints, Tulare County Superior Court, Case No. 284137.

5 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Six (6) cases in which facts are not yet known to potential plaintiffs; and one (1) case concerning correspondence from Sierra View Mobile Home Park dated December 27, 2021, regarding 109 N. E Street, Space #19.

6 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: One (1) case. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION TAKEN IN CLOSED SESSION:

Pledge of Allegiance Led by
Invocation

PRESENTATIONS
Chamber of Commerce - Quarterly Report

ORAL COMMUNICATIONS
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not. Please address all items not scheduled for public hearing at this time. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.

AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3.

1. Tulare County Task Force on Homelessness - January 19, 2022

2. Council of Cities - January 19, 2022

3. City Selection Committee - January 19, 2022

4. San Joaquin Valley Air Pollution Control District (SJVAPCD) Governing Board - January 20, 2021

5. TCAG Sustainable Corridors Committee - January 20, 2022 City Council Agenda February 1, 2022

6. Cal Cities New Mayors and Council Members Academy - January 20-21, 2022

7. San Joaquin Valley Regional Early Action Planning (REAP) -January 21, 2022

8. Porterville Area Development Authority - January 21, 2022

9. Tulare County Association of Governments (TCAG) / Tulare County Transportation Authority - January 24, 2022

10. Tulare County Regional Transit Agency - January 24, 2022

11. Tulare County Economic Development Corporation - January 26, 2022

12. Casino Relocation Committee - January 27, 2022

13. Leadership Porterville "Local Government Day" - January 27, 2022

14. Cal Cities New Mayors and Council Members Academy - January 27-28, 2022

REPORTS
This is the time for all staff informational items.

II. Staff Informational Reports
Code Enforcement Quarterly Report FY 2021-2022 (October - December 2021) OHV Park Quarterly Report FY 2021-2022 (October - December 2021) Golf Course Quarterly Report FY 2021-2022 (October - December 2021) Charitable Car Washes Quarterly Report Calendar Year 2021 Building Permit Activity Quarterly Report FY 2021-2022 (October - December 2021) Street Performance Measure Quarterly Report FY 2021-2022 (October - December 2021)
City Council Member Appointments Attendance Quarterly Report FY 2021-2022 (October - December 2021)
City Commission and Committee Attendance Quarterly Report FY 2021-2022 (October - December 2021)

CONSENT CALENDAR
All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar. All items removed from the Consent Calendar for further discussion will be heard at the end of Scheduled Matters.

1. City Council Minutes of November 17, 2020, and March 16, 2021 Re: Considering approval of the draft Minutes of November 17, 2020, and March 16, 2021,

2. Authorization to Purchase Fire Department Personnel Class A Uniforms Re: Consideration to authorize the purchase of Class A uniforms and badges for Fire Department personnel at an amount not to exceed $35,445.31.

3. Authorization to Resurface the Police Department Facility High Traffic Areas Flooring City Council Agenda February 1, 2022

Re: Consider authorizing the resurfacing of the Police Department facility flooring in the amount of $24,895.00.

4. Authorization to Advertise for Bids - Fire Management Office Remodel Re: Consideration to approve Plans and Project Manual for the Fire Manager Office Remodel Project located at 291 N. Main Street, and advertise for bids on the project.

5. Authorization to Distribute a Request for Qualifications for Design Services - Butterfield Stage Corridor
Re: Consideration to authorize staff to distribute a Design Services Request for Qualifications for the Butterfield Stage Corridor.

6. Authorization to Distribute Request for Qualifications - Materials Testing Re: Consideration to authorize staff to distribute a Request for Qualifications for On-Call Materials Testing.

7. Acceptance of Villa Street Improvements - Nupchi Xo'Oy Development Re: Consideration to accept public improvements related to the Nupchi Xo'Oy development located at Mulberry Avenue/Villa Street; and authorize the disbursement of the final payment in the amount of $66,783.62 to Self-Help Enterprises.

8. Facility Use Agreement Renewals for Hayes Field Between City of Porterville and Porterville Girls Fastpitch
Re: Consideration to authorize the renewal of the facility use agreement, and concession license, between the City and Porterville Girls Fastpitch.

9. Renewal of Airport Lease Agreement - Lot No. 44A
Re: Consideration to approve the extension of the Lease Agreement between the City and Silvio Addamo for Lot No. 44A at the Porterville Municipal Airport.

10. Addendum No. 3 to 4Creeks Villa Street Reconstruction Service Agreement Re: Consideration to authorize the execution of Addendum No. 3 to 4Creeks' Consultant Service Agreement for the reconstruction of Villa Street between Henderson Avenue and Olive Avenue at an agreed-upon fee of $19,720.

11. Land and Water Conservation Fund Grant Resolution
Re: Consideration to adopt the draft Resolution approving the application for the Land and Water Conservation Fund Grant.

12. Approval of First Amendment to the Memorandum of Understanding of the Tule River Basin Integrated Regional Water Management Plan Group
Re: Consideration of approval of the First Amendment to the Memorandum of Understanding of the Tule River Basin Integrated Regional Water Management Plan Group, changing the fiscal agent.

13. Request to set Public Hearing for the Review and Adoption of the 2020 Urban Water Management Plan
Re: Authorization to set a Public Hearing for the Review and Adoption of the 2020 Urban Water Management Plan, to be scheduled for March 1, 2022.

14. CDBG Citizens’ Advisory and Housing Opportunity Committee and Citizen Participation Plan
City Council Agenda February 1, 2022

Re: Consideration to adopt the 2022 Citizen Participation Plan; and appoint existing Committee members and two new members to the Citizens' Advisory and Housing Opportunity Committee for a one-year term.

15. Approval of Caltrans Standard Encroachment Permit Application for Installation of Fire Captain Ramon Figueroa and Firefighter Patrick Jones Memorial Highway Signs on State Route 65
Re: Approval of Caltrans Standard Encroachment Permit Application for the installation of Fire Captain Ramon Figueroa and Firefighter Patrick Jones Memorial Highway signs at designated locations on State Route 65.

16. Financial Status Reports
Re: Considering acceptance of the Financial Status Reports for the quarter ending December 31, 2021.

17. Quarterly Investment Portfolio Summary
Re: Acceptance of the quarterly Investment Portfolio Summary Report.

18. Status and Review of Local Emergency: Drought
Re: Considering approval of the continuance of the Declaration of Local Emergency.

A Council Meeting Recess Will Occur at 8:30 p.m., or as Close to That Time as Possible

PUBLIC HEARINGS

19. Consideration of Revised City Council District Electoral Boundaries as Required by Elections Code Section 21621 - Public Hearing No. 3
Re: Public Hearing No. 3 for consideration of a draft map to revise City Council District boundaries as required pursuant to Elections Code Section 21621.

SCHEDULED MATTERS

20. Consideration of City Fireworks Ordinance
Re: Consideration of the City's Fireworks Ordinance for potential amendments.

21. New Porterville Rescue Mission Update
Re: Providing an update on the status of the Rescue Mission's compliance with the provisions of its Conditional Use Permit.

22. Status and Review of Proclamation of Local Emergency: COVID-19 Re: Considering approval of the continuation of the Proclamation of Local Emergency due to COVID-19.

ORAL COMMUNICATIONS

OTHER MATTERS

CLOSED SESSION
Any Closed Session Items not completed prior to 6:30 p.m. will be considered at this time.

ADJOURNMENT - to the meeting of February 15, 2022
In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if City Council Agenda February 1, 2022

you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the Office of City Clerk at (559) 782-7464.

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting and/or provision of an appropriate alternative format of the agenda and documents in the agenda packet.

Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection during normal business hours at the Office of City Clerk, 291 North Main Street, Porterville, CA 93257, and on the City’s website at www.ci.porterville.ca.us.

CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: Code Enforcement Quarterly Report FY 2021-2022 (October - December 2021) SOURCE: Fire
COMMENT: This informational report utilizes data from the “myPorterville” application for tracking code enforcement activity between October 1 and December 31, 2021.

During the second quarter of fiscal year 2021/2022, each Department of the City contributed towards recording 394 code enforcement issues. Of these, 231 were corrected and 163 were continued into the third quarter of 2021/2022 for additional corrective action. The Code Enforcement Division issued nineteen (19) Administrative Citations.

At its meeting on July 20, 2021, the City Council reviewed its Ordinance related to the parking and storing of recreational vehicles, boats, and trailers.

During the past quarter, Code Enforcement received thirteen (13) complaints specific to recreational vehicles, boats, and trailers, of which seven have been completed at the time of this report.

RECOMMENDATION:

ATTACHMENTS: 1. Code Enforcement Quarterly Report (October - December 2021)
Appropriated/Funded:

Review By:

Department Director:

Final Approver: John Lollis, City Manager
Code Enforcement Report, Quarter 2, FY 21-22
Q2 Code Enforcement Activity # Requests # Completed % Closed Administrative Citations Q1 Q2 Q3 Q4 Total Abandoned Vehicle (Street) 11 11 100.00% $100 45 10 $5,500Animals- barking dogs 13 13 100.00% $200 7 3 $2,000Animals- roosters 1 1 100.00% $500 25 6 $15,500 Building Department/ Permits 11 0 0.00% $1,000 3 0 $3,000Business License Inquiries 1 1 100.00% $2,500 40 0 $100,000CEO, Business License 1 1 100.00% FY 21-22 Total Assesment 120 19 0 0 $126,000CEO, Shopping Carts 15 15 100.00%CEO, Sign Removal 23 23 100.00% Shopping Carts Q1 Q2 Q3 Q4 TotalCode Enforcement, General 21 11 52.38% Collected 29 17 46Community Development, General or MULTIPLE violations 10 2 20.00% Disposed (Lbs.) 940 0 0 0Engineering 4 1 25.00%Fences and freestanding walls 2 0 0.00% Private Property Vehicle Abatements Q1 Q2 Q3 Q4 Total Fire Hazard 1 0 0.00% Voluntary Abatement 13 25 0 0 38Fire Lane Blocked 1 0 0.00% Certified Voluntary Abatement 0 0 0 0 0Garbage Collection/ Illegal Dumping 2 1 50.00% Towed 5 14 0 0 19Graffiti 4 4 100.00% Total Vehicles Abated 18 39 0 0 57Health Hazard 4 2 50.00%Itinerant Vendor, Solicitor, Peddler 1 1 100.00%Landscaping/trees- private property 1 0 0.00% Weed Abatement Q1 Q2 Q3 Q4 TotalMeter Request 76 9 11.84% Properties Noticed 10 0 10Neglected property/trash & debris 8 2 25.00% Completed by Owner 12 0 12Noise Complaint 2 2 100.00% Assigned to Contractor (private) 6 0 6Outdoor Storage 3 0 0.00% Assigned to Contractor (city owned) 6 3 9Parking Issue 3 3 100.00% Completed by Contractor 12 3 15Parks 1 1 100.00% Admin Citations 14 0 14Police/ Traffic Enforcement 24 24 100.00%Potholes 3 3 100.00%Redevelopment 1 0 0.00%Refuse Can Replacement / Repair 7 7 100.00%Report Leak 38 19 50.00%Sheds or second units 1 0 0.00%Sidewalk Condition 2 2 100.00%Signs- In Public Right of Way 1 0 0.00%Signs- Review 1 0 0.00%Stop Light Issue 6 5 83.33%Storm Water 1 1 100.00%Street Light Issue 2 1 50.00%Transit Department 3 0 0.00%Vehicles- inoperable vehicles 20 13 65.00%Vehicles- Parked on lawn 3 2 66.67%Vehicles- RVs/boats/etc 13 7 53.85%Water Waste 7 3 42.86%Water Waste Admin Cite 13 13 100.00%Water Waste NOV 25 25 100.00%Weed Abatement 1 0 0.00%Yard Sale Signage 1 1 100.00%Yard Sales, Frequent 1 1 100.00% Q2 Total 394 231 58.42%
CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: OHV Park Quarterly Report FY 2021-2022 (October - December 2021) SOURCE: Parks and Leisure Services
COMMENT: At the request of the City Council, staff is providing a report on participation numbers at the Porterville OHV Park for informational purposes. The report reflects the Second Quarter FY 2021/2022.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. OHV Park Quarterly Report (October - December 2021) Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
Oct-20 Oct-21 Nov-20 Nov-21 Dec-20 Dec-21
Riders 303 280 236 183 306 122
Days Open 12 12 14 6 13 5
Revenue $7,550.00 $6,520.00 $5,570.00 $4,185.00 $7,250.00 $2,680.00

PORTERVILLE OHV RIDERSHIP
CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: Golf Course Quarterly Report FY 2021-2022 (October - December 2021) SOURCE: Parks and Leisure Services
COMMENT: At the request of the City Council, staff is providing a report on participation numbers at the Porterville Golf Course for informational purposes. The report reflects the Second Quarter of FY 2021-2022.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Golf Course Quarterly Report (October - December 2021) Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager

PORTERVILLE GOLF COURSE STATISTICS
Oct-20 Oct-21 Nov-20 Nov-21 Dec-20 Dec-21
Golfers 2571 2450 2219 2190 2434 1455
Repeat 9/Twilight 1584 1478 1281 1340 1405 866
Tickets Used 858 962 878 823 1405 583
Passes Sold 35 39 28 34 34 35
Carts 2260 1132 1790 900 1832 551
Total $22,684.00 $21,060.00 $17,801.00 $18,196.00 $19,560.00 $12,279.00

FOOTGOLF
Oct-20 Oct-21 Nov-20 Nov-21 Dec-20 Dec-21
18-hole adult 0 0 0 0 0 0
18-hole youth 0 0 0 0 0 0
Cart rental 0 0 0 0 0 0
Ball rental 0 0 0 0 0 0
Party 0 0 0 0 0 0
Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
GRAND TOTAL $22,684.00 $21,060.00 $17,801.00 $18,196.00 $19,560.00 $12,279.00 CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: Charitable Car Washes Quarterly Report Calendar Year 2021 SOURCE: Finance
COMMENT: In accordance with City Council direction, staff is providing a report on charitable car wash permits issued during the year. Article VI, Section 15-130 of the City Code allows up to four car washes by a charitable organization in a calendar year.

For the period of January 1 to December 31, 2021, there have been no charitable car wash applications received or permits issued.

RECOMMENDATION: Information Only
ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager
CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: Building Permit Activity Quarterly Report FY 2021-2022 (October - December 2021)
SOURCE: Engineering and Project Management
COMMENT: The Building Permit Activity Report (BPAR) presented herein to the City Council covers the months of October, November, and December 2021. The two main categories include new residential permits issued and new commercial permits issued.
2nd Quarter of FY 2021/2022 compared to Second Quarter of FY 2020/2021 New residential permits issued during the second quarter of 2021 (32) are down

11.11% from the second quarter of 2020 (36). New commercial permits issued during the second quarter of 2021 (3) are up 200% from the second quarter of 2020 (1).

Year-to-Date (July 2021 to December 2021)
New residential permits issued this fiscal year (70) are up 2.94% as compared to the same period last fiscal year (68). The number of commercial permits issued this fiscal year (6) is up 200% from the same period last fiscal year (2).

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Building Permit Activity - October 2021

2. Building Permit Activity - November 2021

3. Building Permit Activity - December 2021
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager

CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: Street Performance Measure Quarterly Report FY 2021-2022 (October - December 2021)
SOURCE: Engineering and Project Management
COMMENT: The purpose of this staff report is to provide City Council with an update on progress made on street reconstruction, overlay, micro-surfacing, and pothole repair efforts for the second quarter of FY 2021-2022 (October - December 2021). For Council's information, the light blue bar represents staff's estimated quantity of "work" for each category for the fiscal year. The black overlaid bar represents the quantity of work accomplished to date.

City street crews focused mainly on overlay and pothole repair efforts during the second quarter of this reporting period. Main Street Reconstruction (Olive Avenue to Porter Slough), Henderson Avenue rehabilitation (Westwood Street to Patsy Street), Union Avenue reconstruction (Indiana Street to Jaye Street), Morton Avenue reconstruction (Westwood Street to Plano Street), and Montgomery Avenue reconstruction (Jaye Street to H Street) are all under design.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Streets Performance Measure Quarterly Report (October - December 2021)
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager

CITY OF PORTERVILLE
2021/2022 Level of Service Report 2nd QUARTER REPORT - July 1, 2021 - December 31, 2021 Prepared By J. Sanchez
Task
1 Street Reconstruction/Rehabilitation Progress
Each square represents 1000 LF of street reconsruction. (Length represents street lanes)
4000 LF
12000 LF20000 LF28000 LF36000 LF44000 LF52000 LF60000 LF68000 LF76000 LF84000 LF92000 LF 100000 LF
Total FY 21/22: 0 Lineal Feet of Street Lanes

2. Overlay Progress
Each square Represents 300 LF of Overlayed Streets
(Length represents street lanes)
1200 LF3600 LF6000 LF8400 LF
10800 LF13200 LF15600 LF
18000 LF20400 LF22800 LF25200 LF27600 LF30000 LF
Total FY 21/22: 36,799 Lineal Feet of Street Lanes

3. Micro Surfacing Progress
Each square represents 1000 LF of Micro-Surfaced Streets (Length represents street lanes)
4000 LF
12000 LF20000 LF28000 LF36000 LF44000 LF52000 LF60000 LF68000 LF76000 LF84000 LF92000 LF 100000 LF
Total FY 21/22: 0 Lineal Feet

4. Pothole Repair Progress
Each Square Represents 250 SF of Pothole Repair
(Each Square Represnts Approx. 250 Potholes Repaired)
2000 SF4000 SF6000 SF8000 SF
10000 SF
12000 sf14000 sf16000 sf18000 sf20000 sf22000 sf24000 sf Total FY 21/22: 30,214 Square Feet
Total annual effort in lineal feet or square footage
Completed as of 12/31/2021
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P:\pubworks\Resources\Design\Traffic\Pavement Management\Level of Service Reports\2021-2022\2021-2022 Level of Service Progress Report 2nd quarter.xls CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: City Council Member Appointments Attendance Quarterly Report FY 2021- 2022 (October - December 2021)
SOURCE: Administrative Services
COMMENT: At its meeting on January 21, 2020, the City Council directed staff to prepare a quarterly report on Council Member attendance at meetings of boards to which Council Members were appointed. This report represents attendance at meetings during the second quarter of FY 2021-2022 (October through December 2021).

RECOMMENDATION: Information Only
ATTACHMENTS: 1. City Council Appointment Attendance Quarterly Report (October - December 2021)
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager
Committee/Board Member/Alternate OCTOBER NOVEMBER DECEMBER Ad Hoc Committee- COVID-19 Monte Reyes-Member 10/15 P 11/9 P 12/14 P Kellie Carrillo - Member 10/15 P 11/9 P 12/14 P
Ad Hoc Committee - Proposition 64 Monte Reyes - Member 11/4 P, 11/29 P Regulation of Marijuana Lawana Tate-Member 11/4 P, 11/29 P Ad Hoc Library Facility Planning Committee Kellie Carrillo - Member 10/21 P 11/18 P Ad Hoc Committee - Provision of Kellie Carrillo - Member Local Water Services Lawana Tate - Member
Council of Cities Martha Flores - Member
Milt Stowe - Member
Eastern Tule Groundwater Monte Reyes - Member 11/4 P 12/2 P Sustainability Agency JPA (ETGSA) Michael Knight-Alternate 10/7 P Internal City Audit Committee Martha Flores - Member 11/3 P, 11/30 P Kellie Carrillo - Member 11/3 A, 11/30 P
Joint City/School District Committee Milt Stowe-Member
Kellie Carrillo-Member
Lawana Tate - Member 10/6 P 11/1 P 12/1 P
Claudia Calderon -Alternate
Monte Reyes - Member 10/22 P 11/19 P 12/17 P
Milt Stowe - Member 10/22 P 10/22 P 12/17 P
PDC Advisory Board John Lollis - Member
Mayor - Alternate
San Joaquin Valley Air Pollution Control Monte Reyes - Member 10/21 P 11/18 P 12/15 P District ("SJVAPCD") Board
San Joaquin Valley Special City Selection Milt Stowe - Member Committee Monte Reyes - Alternate
San Joaquin Valley REAP Committee Martha Flores- Member Martha Flores - Member 10/18 P 12/6 P
Milt Stowe - Alternate
Martha Flores - Member
Tulare County City Selection Mayor - City Member
Committee Designee - Alternate
Martha Flores - Member 10/27 P 11/30 P 12/15 P
John Lollis - Alternate
Monte Reyes - Member 10/18 P 11/15 P 12/13 P
Milt Stowe - Alternate
Tulare County Taskforce on Homelessness Martha Flores - Member 10/20 P 11/17 P Claudia Calderon - Alternate 12/15 P
Tule River Improvement JPA Monte Reyes - Member 10/4 P
Michael Knight-Alternate
P = Present A = Absent
Tulare County Regional Transit Agency (TCRTA)
Tulare County Economic Development Corporation
(TCEDC)
Tulare County Association of Governments/Tulare
County Transportation Authority (TCAG/TCTA)
Tulare County Association of Governments (TCAG) -
Sustainable Corridors Committee
City Council Attendance - FY 2021-2022 First Quarter Report Porterville Area Development Authority (PADA)
Local Initiatives Navigation Center Committee
(LINC)
CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: City Commission and Committee Attendance Quarterly Report FY 2021-2022 (October - December 2021)
SOURCE: Administrative Services
COMMENT: Staff herein provides for the City Council's information attendance reports as of the Second Quarter FY 2021-22 for the following City Commissions and Committees:
 Animal Control Commission
 Arts Commission
 Library & Literacy Commission
 Parks & Leisure Services Commission
 Transactions & Use Tax Oversight Committee
 CDBG Advisory & Housing Opportunity Committee
RECOMMENDATION: Informational Only
ATTACHMENTS: 1. Animal Control Commission

2. Arts Commission

3. Library & Literacy Commission

4. Parks & Leisure Services Commission

5. Transactions and Use Tax Oversight Committee

6. CDBG Advisory and Housing Opportunities Committee
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager
Animal Control Commission 31-Dec-21
Attendance Records
2021 2021 2021 2022 2022 2022 2022
Oct Nov Dec Jan Feb Mar Apr Notes:

Florenza Pizanis * * *
Jerry Hall * * *
Kathy Guinn * * *
Kat Harris * * *
Art Duron * * *
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.
2021 2021 2021 2021 2021 2021 2021
Mar Apr May June July Aug Sept Notes:

Florenza Pizanis P P ** ** P
Jerry Hall P A ** ** A
Kathy Guinn P P ** ** P
Kat Harris P P ** ** P
Art Duron A A ** ** P
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.
2020 2020 2020 2020 2020 2021 2021
Aug Sept Oct Nov Dec Jan Feb Notes:

Florenza Pizanis
Jerry Hall
Kathy Guinn
Kat Harris
Vacant
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.
2020 2020 2020 2020 2020 2020 2020
14-Jan 25-Feb 11-Mar Apr May June July Notes:

Florenza Pizanis P P A
Jerry Hall P A P
Kathy Guinn P P P
Kat Harris A P P
Vacant
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.
2019 2019 2019 2019 2019 2019 2019
10-Jun 8-Jul 12-Aug 9-Sep 14-Oct 11-Nov 9-Dec Notes:

Florenza Pizanis * P A P P ** **
Valerie Simonich * P P P A ** **
Jerry Hall * A P P A ** **
Kathy Guinn * P P A P ** **
Kat Harris P P ** **
*Meeting cancelled due to lack of quorum.
**Meeting cancelled due to holiday and/or scheduling.

No meetings held due to COVID.

No meetings held due to COVID.

Arts Commission As of December 31, 2021
Attendance Records
2020 2021 2021 2021 2021 2021 2021 2021
Aug Sept 26-Oct 23-Nov Dec Jan Feb Mar
Vacant **
Kyree Perkins *P ** P *P P
Emily Luna *P ** P *P P
Diego Monterrubio *A ** A *A A
Eden Santos *A ** P *A P
Maria Menga P *A P
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2020 2021 2021 2021 2021 2021 2021 2021
Dec Jan Feb Mar Apr May June July
Vacant **
Kyree Perkins *P *P *A **
Emily Luna *P *P *A **
Diego Monterrubio *A *A *A **
Eden Santos *A *A *P **
(Student) vacancy **
* No meeting held due to lack of quorum. ** No meeting due to scheduling. 2020 2020 2020 2020 2020 2020 2020 2020
April May June July Aug Sept Oct Nov
Vacant
Kyree Perkins
Emily Luna
Diego Monterrubio
David Mason
(Student) vacancy
2019 2019 2019 2019 2019 2020 2020 2020
28-Aug 25-Sep 23-Oct 27-Nov 25-Dec 22-Jan 4-Mar 24-Mar
Donna Serna A* ** A ** ** ** **
Kyree Perkins P* ** P ** ** ** P **
Emily Luna P* ** P ** ** ** P **
Diego Monterrubio A* ** A ** ** ** **
David Mason P ** ** ** P **
(Student) vacancy
* No meeting due to lack of quorum.
** Meeting Cancelled
No meetings held due to COVID-19.

No meetings held due to COVID.

LIBRARY & LITERACY COMMISSION - Attendance Record As of December 31, 2021 P = Present; A = Absent; E = Excused absence; T = Tardy = Summer Hiatus
** = No meeting held
2021 2021 2021 2022 2022 2022 2022 2022 2022 2022
Oct Nov Dec Jan Feb Mar Apr May June July
12 9 14
P P P
P P P
P P P
P E P
P P P
P P P
P
P P
2020 2020 2020 2020 2021 2021 2021 2021 2021 2021
Jan Feb Mar Nov Feb May June July Aug Sept
14 11 10 10 9 11 10 14
P E P P P P ** P
P P P P P P ** P
P P P P P P ** P
P E P P P P ** P
P P P P P P ** P
P P P P P E ** P
P P P P P P ** E
2019 2019 2019 2019 2019 2019 2019 2019 2019 2019
Mar Apr May June July Aug Sept Oct Nov Dec
12 26 2 13 10 8 12 10

E E P P E P P P
P E E P P P P Resigned 11/19.

P P P A P P P P
P P P P P E Resigned 11/19.

P P P P P P P P

E P E P E E P P

E E E P P P P P
P P Appointed 11/19.

P P Appointed 11/19.

P Appointed 12/19.

Leslie Pelon
Karen Stover
Catherine May
Esther Figueroa
Edith La Vonne
Patience Christenson
Kim Baumgardner
Susan Uptain
Kim Baumgardner
Leslie Pelon
Susan Uptain
Patience Christenson
Catherine May
Allan Bailey
Esther Figueroa
Tamara Bishop-Mitchell
Edith La Vonne
Jennifer Biagio
Leslie Pelon
Patience Christenson
Kim Baumgardner
Susan Uptain
Catherine May
Esther Figueroa
Edith La Vonne
PARKS & LEISURE SERVICES COMMISSION 31-Dec-21

ATTENDANCE RECORDS
Parks & Leisure Services Commissioner's Record of Attendance 2021 2021 2021 2021 2021 2021 2022 2022 2022 2022 2022 2022 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
7 4 2
Phillip Duncan ** ** P P P **
Diane Graybehl ** ** P P P **
Kieran Daly ** ** P P P **
** ** P P E **
** ** P P P **
** ** P P E **
** ** P P P **
** P P P **
**No meeting held. * Due to lack of quorum, an informal discussion only took place.

Parks & Leisure Services Commissioner's Record of Attendance 2020 2020 2020 2020 2020 2020 2021 2021 2021 2021 2021 2021 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
11 5 4 6 3
Phillip Duncan ** P ** ** P ** ** A ** ** A E
Diane Graybehl ** P ** ** P ** ** P ** ** P E
Kieran Daly ** E ** ** P ** ** A ** ** E E
** P ** ** P ** ** P ** ** P P
** P ** ** P ** ** P ** ** P P
** P ** ** P ** ** P ** ** P P
** P ** ** P ** ** P ** ** P P
**No meeting held. * Due to lack of quorum, an informal discussion only took place.

Parks & Leisure Services Commissioner's Record of Attendance 2019 2019 2019 2019 2019 2019 2020 2020 2020 2020 2020 2020 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June
5 2 6 4 1 6 3 7 7 4 2 6
** ** P P
** ** P P
** ** A A
** ** P P
** ** A P P P P P P
** ** P P P P E P P
** ** P E P P P P A
** ** P P P P P P P

P P P P P

P P P P E

P E P P P
**No meeting held. * Due to lack of quorum, an informal discussion only took place.

Janet Uresti
P = Present; E = Excused Absence; A = Absent; T = Tardy Rocco Calantone
Richard Rankin
Rachel Lucero
Carrol Land
Phillip Duncan
Diane Graybehl
Tom Fiormonti
Jason Gurrola
Kieran Daly
P = Present; E = Excused Absence; A = Absent; T = Tardy Janet Uresti
Tom Fiormonti
Jason Gurrola
Jason Pommier
Jason Pommier
Arlene Pena
Janet Uresti
Tom Fiormonti
Jason Gurrola
Jason Pommier
P = Present; E = Excused Absence; A = Absent; T = Tardy Transactions and Use Tax Oversight Committee As of December 31, 2021 Attendance Records
2020 2020 2021 2021 2021
23-Sep 18-Nov 26-May 25-Aug 17-Nov
John Simonich P P P P A Term expires 5/2022
Margaret Stinson P P P P P Term expires 5/2024
Russell "Buck" Fletcher A P P A A Term expires 5/2022
John Billiou P P P P P Term expires 5/2022
Jerry Hall A P A A P Term expires 5/2022
Janice Kovars P P P P A Term expires 5/2024
Shawn Byars P A P P P Term expires 5/2022
Joshua Sulier P P P P P Term expires 5/2024
Angela Dennis P P P Apptd 12/20; Term exp 5/2024
Vacant
* Meeting cancelled
2018 2019 2019 2019 2019 2019 2020
13-Nov 9-Jan 12-Feb 28-May 27-Aug 6-Nov 26-Feb
John Simonich A P A P A A *
Margaret Stinson P P P A P P *
Russell "Buck" Fletcher P P P P P P *
John Angell A A A P P P *
Mike Boudreaux Sr. A P P P P A *
Virginia Gurrola P P P A
John Billiou P P A P P P *
Jerry Hall P P P P P P *
Janice Kovars P P P P P P *
Shawn Byars P P P P P P *
Joshua Sulier P *
* Meeting cancelled
2017 2017 2017 2017 2018 2018 2018
28-Feb 23-May 29-Aug 14-Nov Feb 13* 10-May 28-Aug
John Simonich P A A P P A P
Margaret Stinson P P P P A P P
Kathleen "Kat" Harris P P P P A P P
Russell "Buck" Fletcher P A P A A P P
Titus Moore Resigned
Richard Stadtherr Appointment rescinded 2/21
John Angell P P A P A P P Appointed 2/7
Mike Boudreaux Sr. P P P P P P A Appointed 2/7
Jerry Claborn P P P P P P Term ended
Virginia Gurrola P P P P P P P Appointed 2/21
John Billiou A A A A P Appointed 7/17
Jerry Hall P Appointed 7/18
Janice Kovars P Appointed 7/18
* No meeting was held due to lack of quorum.

CDBG Citizens' Advisory and Housing Opportunity Committee As of December 31, 2021 Attendance Records
Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member 3/4/2020 2/25/2021
Pat Contreras P P
Linda Mendez P P
Grace Munoz-Rios P
Doug Heusdens A A
Rebecca Vigil A A
Kelle Jo Lowe P P
Maria Gonzalez P
Eriselda Lizarraga P
* No meeting was held due to COVID.

Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member 4/27/2015 3/28/2016 3/1/2017 2/28/2018 2/26/2019 Pat Contreras P A P P P
Linda Mendez P A P P A
Grace Munoz-Rios P P P P P
Doug Heusdens P P P P A
Rebecca Vigil P P A P P
Kelle Jo Lowe P P P P P
Maria Gonzalez P A P P P
Year Originally Reg. Mtg Reg. Mtg Reg. Mtg Reg. Mtg
Committee Member Appointed 3/14/2011 3/12/2012 3/11/2013 3/10/2014 Pat Contreras 1988 P P P P
Linda Olmedo 1997 P P P P
Grace Munoz-Rios 1992 P P P A
Doug Heusdens 2012 N/A P P P
John Dennis 1998 P P A P
Rebecca Vigil 2008 P P A P
Kelle Jo Lowe 2009 P P P P
This Committee typically meets on an annual basis in February or March.

Item No. 1.

CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: City Council Minutes of November 17, 2020, and March 16, 2021 SOURCE: Administrative Services
COMMENT: Staff has prepared the draft Minutes of November 17, 2020, and March 16, 2021.

RECOMMENDATION: That the Council approve the draft Minutes of November 17, 2020, and March 16, 2021.

ATTACHMENTS: 1. Draft Minutes of November 17, 2020

2. Draft Minutes of March 16, 2021
Appropriated/Funded:

Review By:

Department Director:

Patrice Hildreth, Deputy City Manager
Final Approver: John Lollis, City Manager

CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
NOVEMBER 17, 2020, 5:30 PM
Call to Order at 5:30 p.m.

Roll Call: Council Member Virginia Gurrola, Council Member Daniel Peñaloza (present via Zoom), Council Member Milt Stowe (present via Zoom), Vice Mayor Adrian Monte Reyes, Mayor Martha A. Flores

ORAL COMMUNICATIONS
None.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: 50 West Olive Avenue, Suite B, Porterville, CA. Agency Negotiator:

John Lollis and Jason Ridenour. Negotiating Parties: City of Porterville and 50 West Olive, LLC. Under Negotiation: Terms and Price.
2 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: John Lollis and Patrice Hildreth. Employee Organizations: Management and Confidential Series and Porterville Peace Officers Association. 3 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation: Three Cases in which facts are not yet known to potential plaintiff.
4 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated litigation – Initiation of litigation: One case. 6:37 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
City Attorney Julia Lew reported no reportable action had taken place during Closed Session.

Pledge of Allegiance Led by Vice Mayor Reyes
Invocation – a moment of silence was observed.

ORAL COMMUNICATIONS

 Fred Beltran, on behalf of the Porterville Rescue Mission, stated he is available for questions regarding Item No. 19.
 Greg Shelton, Porterville, recommended that the Council consider adding one or two more cannabis dispensary licenses when rewriting the ordinances.  Brock Neeley, Porterville, stated the Department of Social Services is vague on who will be housed in the development pertaining to Item No. 20.

Email Submissions
 Judy Bedell, Porterville, hopes that the Council will reconsider denying the Cars and Coffee event that occurs at the Porterville Plaza.

AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3.

1. City Council Ad Hoc Committee – Provision of Local Water Services - November 5, 2020
Council Member Gurolla reported on the committee’s review of the financing results, and the proposal to finance the acquisition and construction of the City’s municipal water enterprise.

2. Eastern Tule Groundwater Sustainability Agency (ETGSA) - November 5, 2020 Vice Mayor Reyes reported on the discussion of the rules and regulations and of the Agency’s review of the scope of work for Four Creeks.

3. Tulare County Association of Government (TCAG)/Sustainable Corridor Committee - November 9, 2020
Mayor Flores continued her report to the next city council meeting, but emphasized that Porterville is a step ahead in the very numerous projects around the corridors and the mighty 190.

4. City Council Cannabis Ad Hoc Committee - November 9, 2020 Vice Mayor Reyes reported on the Committee’s review of potential amendments to the Ordinance regarding the cannabis dispensaries such as adding two more adult use cannabis dispensary license.

5. Tulare County Regional Transit Agency (TCRTA) -November 12, 2020 Council Member Gurrola opted to report out on both TCRTA Meeting from November 12, 2020 and November 16, 2020. Gurrola stated that the meeting on November 12th was an ad hoc committee meeting with regard to the development of the job description for the Director. At the meeting of November 16th a presentation of the regional fare system was given by CalStartabout Program Initiatives and Membership.

6. City Council Covid-19 Ad Hoc Committee - November 12, 2020 Vice Mayor Reyes reported on those in attendance and indicated that the Committee reviewed an outdoor dining permit from a new applicant.

7. Eastern Tule Groundwater Sustainability Agency (ETGSA) Special Meeting - November 13, 2020
No report was provided.

8. Tulare County Regional Transit Agency (TCRTA) - November 16, 2020 Please see above report numbered “5”.

REPORTS
This is the time for all committee/commission/board reports; subcommittee reports; and staff informational items.

I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission – no report was provided.

2. Library & Literacy Commission – no report was provided.

3. Arts Commission – no report was provided.

4. Animal Control Commission – no report was provided.

5. Youth Commission – no report was provided.

6. Transactions And Use Tax Oversight Committee (TUTOC) – no report was provided.

II. Staff Informational Reports

1. Water Conservation Phase III Status Update

CONSENT CALENDAR
Item No. 12 was removed for further discussion at the request of Council Member Gurrola.

COUNCIL ACTION: MOVED by Council Member Virginia Gurrola, SECONDED by Vice Mayor A. Monte Reyes that the City Council approve Items Nos. 1-11, 13, and 14. The motion carried unanimously.

1. PURCHASE OF FIRE DEPARTMENT/CODE ENFORCEMENT

BODY-WORN CAMERAS

Recommendation: That the City Council:

1.Authorize Department staff to enter into a contract with Axon Enterprises Inc. for the purchase of (4) body-worn cameras, (4) docking stations, (4) Administration licenses, unlimited cloud storage and associated installation hardware and technical support for $6,700.63;

2.Authorize payment(s) to Axon Enterprises Inc. per contract; and

3.Authorize staff to negotiate contract renewal for services upon the current contract’s expiration.

Documentation: M.O. 01-111720
Disposition: Approved.

2. AUTHORIZATION FOR ROOF COATING AND REPAIRS TO

CENTENNIAL PLAZA BUILDING
Recommendation: That the City Council:

1. Award the contract to Double J's Roofing for a do not exceed amount of $57,116 which includes prevailing wage labor, repair materials,

taxes and a ten percent (10%) contingency, for the roof repair of the Centennial Plaza building; and

2. Adopt the draft Resolution authorizing the appropriation for up to $57,116 from the General Fund's Facility Deferred
Maintenance/Equipment Replacement Designated fund.

Documentation: M.O. 02-111720, Resolution No. 89-2020
Disposition: Approved.

3. FLEET MANAGEMENT SOFTWARE RENEWAL
Recommendation: That the City Council:

1. Approve the software contract with Ron Turley Associates for one (1) year; and

2. Authorize payment for these services from the Equipment Maintenance Shop Operating Budget.

Documentation: M.O. 03-111720
Disposition: Approved.

4. AUTHORIZATION TO ADVERTISE FOR BIDS - OLIVE AVENUE

AND NEWCOMB STREET SIGNAL UPGRADE PROJECT
Recommendation: That City Council:

1. Approve staff’s recommended Plans and Project Manual;

2. Authorize staff to advertise for bids on the project;

3. Authorize the City Engineer to negotiate construction surveying services with one of the firms as approved by Council MO #02-100714; and

4. Authorize additional appropriation of $214,804 of STP Funds.

Documentation: M.O. 04-111720
Disposition: Approved.

5. ACCEPTANCE OF PROJECT - STUCCO REPAIR AND PAINTING OF FIRE STATION 71
Recommendation: That City Council:

1. Accept the project as complete;

2. Authorize the filing of the Notice of Completion; and

3. Authorize the immediate release of final payment, provided no stop notices have been filed.

Documentation: M.O. 05-111720
Disposition: Approved.

6. ACCEPTANCE OF PROJECT - CORPORATION

YARD ELECTRIFICATION PROJECT
Recommendation: That City Council:

1. Accept the project as complete;

2. Authorize the filing of the Notice of Completion; and

3. Authorize the immediate release of final payment, provided no stop notices have been filed.

Documentation: M.O. 06-111720
Disposition: Approved.

7. ACCEPTANCE OF SUBDIVISION IMPROVEMENTS - WINDSOR
COURT (PRESIDIO JJR CAMBRIA 80, LLC)
Recommendation: That the City Council:

1. Accept the public improvements, including those related to the Landscape & Lighting Maintenance District of the Windsor Court Subdivision for maintenance;

2. Authorize the City Clerk to file the Notice of Completion; and

3. Release the payment guarantee thirty-five (35) days after recordation, provided no liens have been filed.

Documentation: M.O. 07-111720
Disposition: Approved.

8. AUTHORIZATION TO DISTRIBUTE REQUEST FOR PROPOSALS

FOR THE FIRST YEAR OF THE FIVE-YEAR PERMANENT LOCAL

HOUSING ALLOCATION (PLHA) PLAN
Recommendation: That City Council authorize staff to distribute a Request for Proposal for the first year of the five-year PLHA Plan.

Documentation: M.O. 08-111720
Disposition: Approved.

9. ASSIGNMENT OF AIRPORT LEASE - LOT 34A
Recommendation: That the City Council approve the Assignment of Lease for Lot No. 34A at the Porterville Municipal Airport from Steven J. Lessley, Original Trustee of the Sam G. Lessley Grantor Trust dated May 9, 2012, to Dustin H.

Lessley; and authorize the Mayor to sign the Lessor's Consent to Assignment of Lease Agreement on behalf of the City.

Documentation: M.O. 09-111720
Disposition: Approved.

10. WEED ABATEMENT PROGRAM
Recommendation: That the City Council:

1. Authorize the purchase of the tractor, disc and flail mower from Farmers Tractor & Equipment Co.; and

2. Authorize the purchase of a dump trailer from BigTex Trailer World; and

3. Authorize the addition of one (1) new Parks Maintenance Worker II position, and direct staff to prepare the necessary amendments to the Allocation Schedule to document said position.

Documentation: M.O. 10-111720
Disposition: Approved.

11. CONSIDERATION OF LEASE AGREEMENT FOR 50 W. OLIVE

AVENUE SUITE B
Recommendation: That the City Council approve and give authority to the Mayor and City Manager to sign all necessary documents.

Documentation: M.O. 11-111720
Disposition: Approved.

13. BID RESULTS - TRANSIT ELECTRIFICATION PROJECT - PHASE 2 Recommendation: That City Council:

1. Direct the City Engineer to re-advertise the project as two separate projects, separating the Corporation Yard and Transit Center improvements.

Documentation: M.O. 12-111720
Disposition: Approved.

14. STATUS AND REVIEW OF LOCAL EMERGENCY: DROUGHT
Recommendation: That the City Council receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration.

Documentation: M.O. 13-111720
Disposition: Approved.

PUBLIC HEARINGS

15. REQUEST TO APPROVE MODIFICATION NO. 3 TO THE PACIFIC

RIM COMMERCIAL MIXED-USE PROJECT
Recommendation: That the City Council adopt the draft Resolution for Modification No. 3 to Conditional Use Permit PRC 2012-002-C for the Pacific Rim Commercial Mixed-Use Project.

City Manager Lollis introduced the item and Community Development Director Jason Ridenour presented the staff report.

The Public Hearing was opened at 7:18 p.m. and closed at 7:18 p.m. when no one came forward.

COUNCIL ACTION: MOVED by Council Member Gurrola, SECONDED by Mayor Martha A.

Flores that the City Council approve the draft Resolution for Modification No. 3 to Conditional Use Permit PRC 2012-002-C for the Pacific Rim Commercial Mixed-Use Project. The motion carried unanimously.

Documentation: Resolution No. 90-2020

Disposition: Approved.

16. 2019-2020 CONSOLIDATED ANNUAL PERFORMANCE

EVALUATION REPORT (CAPER)
Recommendation: That the City Council:

1. Conduct the Public Hearing and consider any comments received;

2. Consider the Draft 2019-2020 Consolidated Annual Performance Evaluation Report; and

3. Direct staff to submit it to the Department of Housing and Urban Development by the required deadline of December 30, 2020.

City Manager Lollis introduced the item and Community Development Director Jason Ridenour presented the staff report.

The Public Hearing opened at 7:43 p.m. and closed at 7:44 p.m. when no one came forward.

COUNCIL ACTION: MOVED by Council Member Virginia Gurrola, SECONDED by Council Member Daniel Peñaloza that the City Council approved the Draft 2019- 2020 Consolidated Annual Performance Evaluation Report; and submittal of the report to the Department of Housing and Urban Development by the required deadline of December 30, 2020. The motion carried unanimously.

Documentation: M.O. 14-111720
Disposition: Approved.

17. CARES ACT SECOND SUBSTANTIAL AMENDMENT TO THE

COMMUNITY DEVELOPMENT BLOCK GRANT FIVE-YEAR
CONSOLIDATED PLAN (2015/16-2019/20) AND 2019/20 ANNUAL

ACTION PLAN
Recommendation: That the City Council:

1.Conduct a Public Hearing to receive comment on the proposed use of HUD CARES Act funding;

2.Approve and appropriate the 2019 annual Action Plan Amendment, in order to allocate the use of the additional $393,438 in Community Development Block Grant Care Act (CBDG-CV) funding; and

3.Authorize the City Manager to execute all necessary documents.

City Manager Lollis introduced the item and Community Development Director Jason Ridenour presented the staff report.

The Public Hearing opened at 7:54 p.m. and closed at 7:54 p.m. when no one came forward.

COUNCIL ACTION: MOVED by Council Member Milt Stowe, SECONDED by Mayor Martha A. Flores that the City Council approve and appropriate the 2019 annual Action Plan Amendment, in order to allocate the use of additional $393,438 in Community Development Block Grant Care Act (CBDG-CV) funding.

The motion carried unanimously.

Documentation: Resolution No. 91-2020
Disposition: Approved.

SECOND READINGS

18. SECOND READING - ORDINANCE NO. 1878 - AMENDING
ARTICLE III OF CHAPTER 5 OF THE PORTERVILLE MUNICIPAL
CODE
Recommendation: That the City Council give Second Reading to Ordinance 1878, waive further reading, and adopt said Ordinance.

City Manager Lollis introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Council Member Daniel Peñaloza, SECONDED by Vice Mayor A. Monte Reyes that the City Council approved Ordinance No. 1878, an ordinance of the City Council of the City of Porterville amending Article III of Chapter 5 of the Porterville Municipal Code to allow therapy dogs utilized by a public safety agency as a part of an Emergency Service Therapy Dog Program, in public facilities; give a second reading and adopt said Ordinance. The motion carried unanimously.

Documentation: Ordinance No. 1878
Disposition: Approved.

SCHEDULED MATTERS

19. RESCUE MISSION UPDATE
Recommendation: That the City Council receive staff's report and provide direction as determined.

City Manager Lollis introduced the item and Community Development Director Jason Ridenour presented the staff report.

An update of the current status of the New Porterville Rescue Mission was presented by staff. Rescue Mission staff stated the demolition project has begun, but a structural issue was encountered that will need to be resolved prior to moving forward with the project. Staff with the Rescue Mission believes the project will be done within six months.

Council directed staff to bring back a status update of the project no later than January 19th, 2021.

Documentation: None.

Disposition: Direction given.

20. CONSIDERATION OF ALLOWING AN OVERCONCENTRATION OF

ADULT RESIDENTIAL FACILITIES
Recommendation: That the City Council:

1.Determine whether or not such a decision should be the purview of the Zoning Administrator or the City Council; and

2.Should the Council determine that they should be decision maker, make a determination as to whether the requested overconcentration should be allowed.

City Manager Lollis introduced the item and Community Development Manager Julia Phillips presented the staff report.

COUNCIL ACTION: MOVED by Council Member Milt Stowe, SECONDED by Council Member Daniel Peñaloza that the City Council authorize staff to determine the outcome of the application and have future applications come before the council for approval.

AYES: Peñaloza, Stowe
NOES: Gurrola, Reyes, Flores
ABSTAIN: None
ABSENT: None
Motion failed.

COUNCIL ACTION: MOVED by Council Member Virginia Gurrola, SECONDED by Vice Mayor A. Monte Reyes that the City Council approved the application and have future applications be brought to the council for consideration. The motion carried unanimously.

Documentation: M.O. 16-111720
Disposition: Approved.

21. MILITARY BANNER PROGRAM
Recommendation: That the City Council consider the location of new military banners as the program expands past its current designated locations, and provide direction on the draft policy.

City Manager Lollis introduced the item and Parks and Leisure Services Director Donnie Moore presented the staff report.

COUNCIL ACTION: MOVED by Council Member Milt Stowe, SECONDED by Council Member Virginia Gurrola that the City Council approve the military banner expansion and keep the banners up year-round until a standing committee is established to make recommendations to the council regarding the banners. The motion carried unanimously.

Documentation: M.O. 17-111720
Disposition: Approved.

22. STATUS AND REVIEW OF PROCLAMATION OF LOCAL
EMERGENCY: COVID-19
Recommendation: That the City Council:

1. Receive the report of status and review of the Proclamation of Local Emergency;

2. Determine the need exists to continue said Declaration; and

3. Take action and/or provide direction as deemed necessary.

City Manager Lollis introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Mayor Martha A. Flores, SECONDED by Vice Mayor A.

Monte Reyes that the City Council continue the Local Emergency Proclamation. The motion carried unanimously.

Documentation: M.O. 18-111720
Disposition: Approved.

CONSENT CALENDAR continued

12. RENEWAL OF AKIN WATER SYSTEM CONSOLIDATION

AGREEMENT
Recommendation: That the City Council authorize the Mayor to approve an extension of the Akin Consolidation Agreement providing the additional time needed by the State Water Resources Control Board to complete improvements associated with consolidation.

City Manager Lollis introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Council Member Virginia Gurrola, SECONDED by Vice Mayor A. Monte Reyes that the City Council approve an extension of the Akin Consolidation Agreement. The motion carried unanimously.

Documentation: M.O. 19-111721
Disposition: Approved.

ORAL COMMUNICATIONS
 Brock Neeley, Porterville, stated he believes that the military banners should have rotations of when to be put up.

OTHER MATTERS
 Council Member Gurrola, thanked city staff on everything they do with regard to the Covid Pandemic, as she knows it can be extremely difficult to work through. Gurrola also stated that it is a big responsibility of the community to follow the health officials messages and guidelines.
 Council Member Peñaloza, wished everyone a Happy Thanksgiving and recommended to everyone to refrain from large gatherings and to stay home if possible.  Council Member Stowe, wished everyone a Happy Thanksgiving and hope they are able to enjoy seeing their loved ones virtually and not to gather, and pray to god that he keeps our community, state and country safe.
 Vice Mayor Reyes, thanked city staff for doing a great job with all that we are going through with COVID; wished everyone a Happy Thanksgiving and echoed the sentiments of others with wearing a mask and keep a safe distance.  Mayor Flores, thanked city staff and stated she and the council are very grateful and appreciative for their service, wished everyone a very Happy Thanksgiving, and prayers have been sent out for many people and their families in these difficult times.

 City Manager John Lollis, stated he is pleased that the navigation center has finished its construction and has been fully utilized to its capacities and spoke of an event called a Coat and Sock drive that is to be held at the center.

City Council reconvened into Closed Session at 9:33 p.m.

CLOSED SESSION
City Attorney Julia lew was reported that no reportable action took place in Closed Session.

ADJOURNMENT
The Council adjourned at 10:00p.m. to the meeting of December 1, 2020 Fernando Gabriel-Moraga, Deputy City Clerk
SEAL
Martha A. Flores, Mayor

CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
MARCH 16, 2021, 5:30 PM
Call to Order 5:30 p.m.

Roll Call: Council Member Kellie Carrillo, Council Member Daniel Peñaloza, Council Member Milt Stowe, Vice Mayor Martha A. Flores, Mayor Adrian Monte Reyes

ORAL COMMUNICATIONS
None.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54956.8 – Conference With Real Property Negotiators/Property: 42 South Plano Street, Porterville, Ca. Agency Negotiator: John Lollis. Negotiating Parties: City Of Porterville And Barn Theater. Under Negotiation:

Terms And Price.

2 - Government Code Section 54956.8 – Conference With Real Property Negotiators/Property: 38 East Cleveland Avenue, Porterville, Ca. Agency Negotiator:

John Lollis. Negotiating Parties: City Of Porterville And Pacheco Mary (Tr) (P Bypass Tr). Under Negotiation: Terms And Price.

3 - Government Code Section 54957.6 – Conference With Labor Negotiator. Agency Negotiator: John Lollis And Patrice Hildreth. Employee Organizations: Management & Confidential Series; Porterville Peace Officers Association; Porterville City Employees Association; Public Safety Support Unit; Porterville City Firefighters Association; Fire Officer Series; And All Unrepresented Management Employees.

4 - Government Code Section 54956.95 – Liability Claim: Claimant: State Farm Insurance As Subrogee Of Enrique Vasquez. Agency Claimed Against: City Of Porterville.

5 - Government Code Section 54956.9(D)(3) – Conference With Legal Counsel – Anticipated Litigation – Significant Exposure To Litigation: Five Cases In Which Facts Are Not Yet Known To Potential Plaintiff.

6 - Government Code Section 54956.9(D)(4) – Conference With Legal Counsel – Anticipated Litigation – Initiation Of Litigation: One Case. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
City Attorney Julia Lew reported no action had taken place during Closed Session, but noted that Council will need to reconvene into Closed Session later in the evening.

Pledge of Allegiance Led by Council Member Stowe

Invocation -- a moment of silence was observed.

PRESENTATIONS
 Jeff Peek - City Auditor

ORAL COMMUNICATIONS
 Brock Neeley, Porterville, voiced concern with the proposed host portion of the fireworks ordinance.
 Deane Rhoadarmer, Porterville, voiced concern with the proposed fireworks ordinance regarding the social portion.

Email Submission
 Chris Melcer, Porterville, voiced concerned with the fireworks ordinance concerning potentially holding the owners responsible for violations.  George Sell, Porterville, stated the city should start collecting fines before changing the fireworks ordinance.
 Catie Adams-Puett, Porterville, believes the city should give a citation to the resident and all in attendance if they are caught using illegal fireworks.  Scott Tuttle, Porterville, spoke against making landlords liable for occupant’s violations concerning fireworks.
 Melanie Tyler, Porterville, stated she is happy that the Council is addressing the firework issue and suggested the ordinance be changed to exclude the landlords from being responsible.
 Chad Perigo, Porterville, appreciates the Council for addressing the firework problem, but doesn’t think the landlord should be responsible.
 Jim Hatcher, Porterville, finds the social host component of the proposed ordinance patently unfair.
 Gary Babcock, Porterville, stated that as a property owner he should not be expected to control or monitor the actions of his tenants or their guests.  Dustin Maddox, Porterville, agreed that fireworks are a nuisance and voiced concern with the proposed ordinance regarding the host component.

AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3.

1. Local Initiatives Navigation Center Committee (LINC) - March 3, 2021 Council Member Penaloza reported on those in attendance; spoke on all the subcommittees; and of the discussion on the challenges that are occurring with programs and the need for people to apply for benefits and programs through the state. The next meeting is scheduled for April 7, 2021.

2. Eastern Tule Groundwater Sustainability Agency - March 4, 2021 Mayor Reyes reported on the approval of minutes of the February 4, 2021, meeting; of the actions taken including the approval of the Rules and Regulations of the ETGSA, financial statements, and approving bills to be paid.

3. City Council Cannabis Ad Hoc Committee - March 8, 2021 No report was provided.

4. Tulare County Water Commission - March 8, 2021

Vice Mayor Flores reported on the approval of minutes of February 8, 2021, updated on the domestic water tank program, and highlighted the water sustainability projects.

5. Tulare County Association Of Governments (TCAG) Regional Transportation Public Participation Plan - March 11, 2021
Vice Mayor Flores reported on those in attendance; indicated that Tribal Council Member Santos made minor revisions to the tribal participation plan and that the information would be presented at a later meeting; and made note of a request to provide a letter to TCAG requesting funding for an active transportation plan for a future project. The next meeting is scheduled for April 8, 2021.

6. Library Facility Planning Committee - March 12, 2021 Council Member Carrillo reported on those in attendance and self-introductions of the committee members; indicated that City Librarian Vikki Cervantes provided a brief overview of current library services and discussed Committee objectives. She added that the role of the Committee was reviewed, and the need for a new needs assessment and consultant were also discussed. The next meeting is April 15, 2021.

7. Tulare County Association of Governments (TCAG)/ Tulare County Transportation Authority (TCTA) - March 15, 2021
Vice Mayor Flores reported on her attendance; spoke of the approval of the Transportation Consent Calendar; the appointment of two members to the Social Services Transportation Advisory Council; the adoption of a resolution of the draft 2020 Tribal Public Participation Plan, and a resolution for the appointment of the San Joaquin Joint Powers Authority Alternate Member. The next meeting is scheduled for April 19, 2021.

8. Tulare County Regional Transit Agency - March 15, 2021 Mayor Reyes reported on the approval of minutes; spoke of the approval of the Fiscal Year 2021 Interim Budget and documentation for the Federal Transportation Administration; and reported that a decision had been made to approve free fare to those who are 18 years of age and under and those for vaccination appointments.

REPORTS
I. City Commission and Committee Meetings – no report was provided.

1. Parks & Leisure Services Commission – no report was provided.

2. Library & Literacy Commission – no report was provided.

3. Arts Commission – no report was provided.

4. Animal Control Commission – no report was provided.

5. Youth Commission – no report was provided.

6. Transactions And Use Tax Oversight Committee (TUTOC) – no report was provided.

II. Staff Informational Reports

1.Water Conservation Phase IV Status Update

CONSENT CALENDAR
Mayor Reyes reported a conflict on Item Nos. 4 and 9, and recused himself from action on those items. Vice Mayor Flores made note of a needed amendment to the Minutes of February 2, 2021 regarding reference to her conflict on a consent calendar item. She advised there is no conflict.

COUNCIL ACTION: MOVED by Vice Mayor Martha A. Flores, SECONDED by Council Member Daniel Peñaloza that the City Council approve Items Nos. 1-10 with the noted amendment to Item No. 1. The motion carried unanimously.

1. CITY COUNCIL MINUTES OF JANUARY 19, 2021, AND FEBRUARY 2, 2021.

Recommendation: That the Council approve the draft Minutes of January 19, 2021, and February 2, 2021 with the amendment to be made to the minutes of February 2, 2021.

Documentation: M.O. 01-031621
Disposition: Approved as amended.

2. AUTHORIZATION FOR POLICE VEHICLE REPAIRS
Recommendation: That the City Council:

1. Authorize repairs by Milinich Body Works to 2013 Dodge Charger (Unit #3328) for an estimated cost of $15,678.24.; and

2. Authorize repairs by Porterville Collision Center to 2014 Dodge Charger (Unit #3334 for an estimated cost of $12,525.50; and

3. Authorize a 10% contingency cost for damage that is not yet known but may be present upon repair of each vehicle; and,

4. Authorize payment upon satisfactory completion of repairs.

Documentation: M.O. 02-031621
Disposition: Approved.

3. AUTHORIZATION FOR REPAIR OF SPECIALIZED EQUIPMENT
Recommendation: That the City Council:

1. Authorize the repair of the Sewer Vactor Truck by Haaker Equipment Co. at a cost not to exceed $16,442 (inclusive of all parts, taxes, labor, including a 10% contingency); and

2. Authorize payment of said repair upon satisfactory completion.

Documentation: M.O. 03-031621
Disposition: Approved.

4. ACCEPTANCE OF SUBDIVISION IMPROVEMENTS - 4TH STREET
APARTMENTS, PHASE 2 (JASON MOYES - SMEE HOMES, INC.)
Recommendation: That the City Council:

1. Accept the public improvements, including those related to the Landscape & Lighting District of the 4th Street Apartments, Phase 2 Subdivision for maintenance;

2. Authorize the City Clerk to file the Notice of Completion; and

3. Release the payment guarantee thirty-five (35) days after recordation,

provided no liens have been filed.

AYES: Carrillo, Peñaloza, Stowe, Flores
NOES: None
ABSTAIN: Reyes
ABSENT: None
Documentation: M.O. 04-031621
Disposition: Approved.

5. AIRPORT LEASE AGREEMENT - LOT NO. 61C
Recommendation: That the City Council approve the Lease Agreement for Lot 61C between the City of Porterville and Don Lewis; and authorize the Mayor to sign the Lease Agreement on behalf of the City.

Documentation: M.O. 05-031621
Disposition: Approved.

6. CONSIDERATION OF FUNDING FOR MANAGEMENT CONTRACT FOR MIGHTY 190 WEBSITE AND SOCIAL MEDIA
Recommendation: That the City Council:

1. Adopt the draft Resolution authorizing the appropriation of up to $15,0000 from the City Council's Special Purposes Reserve Fund in support of the Mighty 190 Committee; and

2. Approve the contract with Rethought Reborn Media to manage the Mighty 190 website and social media pages for one year at a cost of $2,940 with funds from the Special Purposes Reserve Fund.

Documentation: Resolution No. 03-2021
Disposition: Approved.

7. ADDENDUM NO.2 TO LICENSE AND DEVELOPMENT AGREEMENT

BETWEEN THE CITY OF PORTERVILLE AND TULARE COUNTY

JUNIOR LIVESTOCK SHOW AND COMMUNITY FAIR
Recommendation: That the City Council ratify its action to approve Addendum No.2 to License and Development Agreement Between the City of Porterville and Tulare County Junior Livestock Show and Community Fair.

Documentation: M.O. 06-031621
Disposition: Approved.

8. APPROVAL OF AMENDMENT 1 TO THE SAN JOAQUIN VALLEY AIR

POLLUTION CONTROL DISTRICT MEMORANDUM OF
UNDERSTANDING FOR GRANT ADMINISTRATION SERVICES.

Recommendation: That the City Council:

1. Approve Amendment 1 to the Memorandum of Understanding between the San Joaquin Valley Air Pollution Control District and the City of Porterville for grant administration services; and

2. Authorize the City Manager to execute Amendment 1 to the

Memorandum of Understanding.

Documentation: M.O. 07-031621
Disposition: Approved.

9. CITY COUNCIL MEMBER REQUESTED AGENDA ITEM - CONSIDER

THE SCHEDULING OF A STUDY SESSION TO CONSIDER THE

AGREEMENT BETWEEN THE CITY AND THE PORTERVILLE

CHAMBER OF COMMERCE AND ESTABLISH MUTUAL GOALS AND

OBJECTIVES
Recommendation: That the City Council approve Vice Mayor Flores request to consider the scheduling of a Study Session to consider the Agreement between the City and the Porterville Chamber of Commerce and establish mutual goals and objectives as a Scheduled Matter at its next regularly scheduled meeting.

AYES: Carrillo, Peñaloza, Stowe, Flores
NOES: None
ABSTAIN: Reyes
ABSENT: None
Documentation: M.O. 08-031621
Disposition: Approved.

10. STATUS AND REVIEW OF LOCAL EMERGENCY: DROUGHT
Recommendation: That the City Council receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration.

Documentation: M.O. 09-031621
Disposition: Approved.

PUBLIC HEARINGS

11. PERMANENT LOCAL HOUSING ALLOCATION (PLHA) PLAN

AMENDMENT & RFP AWARD
Recommendation: That the City Council:

1. Award Turning Point of Central California (TPOCC) in the amount of $85,688.50 (25% of 2019 PLHA allocation) for the Navigation Center and $68,550.80 (20% of PLHA 2019 allocation) for Emergency Housing and $34,275.40 (10% of PLHA 2019 allocation) for PSH operation support; and

2. Hold a public hearing to receive public comment on the proposed 5- Year Plan Amendment & reallocation of funds; and

3. Approve & adopt the proposed draft Permanent Local Housing Allocation (PLHA) 5-Year Amended Plan; and

4. Authorize the Mayor or his designee to execute all documents

pertaining to the PLHA program; and be authorized to make any augmentation, modification, addition or revision as may be necessary to conform to requirements imposed by the California Department of Housing and Community Development (HCD); and

5. Authorize the Community Development Director to execute, in the name of the City of Porterville, project drawdown requests, and all other administrative documents required by the California Department of Housing and Community Development; and

6. If CC approves the Proposed 5-Year plan amendment presented at tonight’s meeting, award Central California Family Crisis Center (CCFCC) in the amount of $137,101.60 (40% of 2019 PLHA
allocation, with the contingency that HCD approves the proposed 5- Year Plan amendment first.

City Manager Lollis introduced the item and stated he had a conflict on the item and recused himself. Economic Development and Housing Manger Jason Ridenour presented the staff report.

The Public Hearing was opened at 7:57 p.m.
 Brock Neeley, Porterville, voiced appreciation to staff for working hard in getting this taken care of for those experiencing homelessness.

The Public Hearing was closed at 7:58 p.m. when no one else came forward to speak.

COUNCIL ACTION: MOVED by Council Member Milt Stowe, SECONDED by Vice Mayor Martha A. Flores that the City Council approve staff’s recommendation.

The motion carried unanimously.

Documentation: M.O. 10-031621
Disposition: Approved.

SCHEDULED MATTERS

12. AUTHORIZATION OF 2X PROMOTIONS OHV PARK RACES WITH

OVERNIGHT CAMPING
Recommendation: That the City Council:

1. Approve the OHV Park races on April 3-4 & 10-11, 2021; and

2. Approve overnight camping for both weekends.

City Manager Lollis introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Vice Mayor Martha A. Flores, SECONDED by Council Member Kellie Carrillo that the City Council approve the OHV Park races on April 3-4 & 10-11, 2021 and approve overnight camping. The motion carried unanimously.

Documentation: M.O. 11-031621
Disposition: Approved.

Mayor Reyes recused himself from Item No. 13. and left the Zoom meeting. Vice Mayor Flores stepped in as Mayor Pro Tem in the absence of the Mayor and conducted the meeting.

13. DRAFT FIREWORKS ORDINANCE
Recommendation: That the City Council consider the proposed language and provide direction as to how to proceed.

City Manager Lollis introduced the item and Fire Marshall Clayton Dignam presented the staff report.

Discussion ensued during which various potential modifications to Chapter 12 of the Municipal Code as it relates to safe and sane fireworks took place. The Council discussed options to modify the fines associated with illegal discharge of fireworks, and other concepts which could reduce the negative community impact of fireworks while still maintaining opportunities for community fundraising and cherishing patriotic traditions.

The Council directed staff to bring back the item for further discussion and review for potential additions or amendments.

Documentation: None.

Disposition: Direction was given.

After Item No. 13 was concluded, Mayor Reyes returned the meeting, after which a 10 minute recess took place at 8:50 p.m. and reconvened at 9:00 p.m.

14. CONSIDERATION OF PARCELS WITHOUT STREET FRONTAGE
Recommendation: That the City Council provide direction on amending Series 400 of the Porterville Development Ordinance in regards to the creation of lots without street frontage.

City Manager Lollis introduced the item and Community Development Director Jason Ridenour presented the staff report.

The Council directed staff to bring back the item with additional examples from other communities for their consideration.

Documentation: None.

Disposition: Direction was given to bring back item at future meeting.

15. COMMUNITY CLEANUP EVENT VOLUNTEER GUIDELINES

Recommendation: That the City Council consider draft guidelines for community cleanup event volunteers.

City Manager Lollis introduced the item and presented the staff report.

Council was supportive of the draft Community Cleanup Event Volunteer Guidelines.

Council Member comments were that the guidelines would be scalable and supportive of both small and large scale cleanup events, and that City staff assist either in the placement and collection of a waste bin, receiving collected waste at the Corporation Yard and/or coordinating the disposal of collected waste at the Teapot Dome Landfill. Council requested the item to be brought back with the noted changes or amendments, for approval at the next council meeting.

Documentation: None
Disposition: Direction given.

16. STATUS AND REVIEW OF PROCLAMATION OF LOCAL EMERGENCY:

COVID-19
Recommendation: That the City Council:

1. Receive the report of status and review of the Proclamation of Local Emergency;

2. Determine the need exists to continue said Declaration; and

3. Take action and/or provide direction as deemed necessary.

City Manager Lollis introduced the item and presented the staff report.

COUNCIL ACTION: MOVED by Vice Mayor Martha A. Flores, SECONDED by Mayor Adrian Monte Reyes that the City Council approve the continuance of the declaration of local emergency. The motion carried unanimously.

Documentation: M.O. 12-031621
Disposition: Approved.

ORAL COMMUNICATIONS
None.

OTHER MATTERS
 Council Member Carrillo thanked staff for all the work that goes into making the agenda and was pleased to hear the progress that was being made by the County in getting into the red tier, with regard to Covid Cases.
 Council Member Stowe recommended to everyone to test for Covid and announced that he is contemplating on resigning his position as Council Member of District 2, due to health concerns.
 Council Member Penaloza gave his support to Council Member Stowe and stated he

is excited the County will be going into the red tier and hopeful of businesses being able to open soon.
 Vice Mayor Flores stated it is with heavy heart to hear of Council Members Stowes health concerns; and was at a loss for words of the recent loss of Jeff Edwards.  Mayor Reyes expressed a sense of loss for Jeff Edwards as he was part of the cities history. Mr. Reyes stated he attended a Q&A for 5th graders at Lombardi School and got a lot of questions regarding covid.
 City Manager Lollis spoke of the conversation between him and Council Member Stowe and stated his thoughts and prayers are with him. Mr. Lollis stated he was able to sit on another cities Finance Director interview and said he was fortunate to have our Finance Director Maria Bemis working with us.

CLOSED SESSION
City Attorney Lew reported action pertaining to A-4 of Closed Session, as follows:

A-4. On a MOTION made by Council Member Daniel Peñaloza, and SECONDED by Vice Mayor Martha A. Flores the City Council rejected the claim filed by State Farm Insurance A/S/O Enrique Vasquez.

AYES: Carrillo, Peñaloza, Flores, Reyes
NOES: None
ABSTAIN: None
ABSENT: Stowe

ADJOURNMENT
The Council adjourned at 11:00 p.m. to the meeting of April 6, 2021.

Fernando Gabriel-Moraga, Deputy City Clerk
SEAL
Adrian Monte Reyes, Mayor
Item No. 2.

CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: Authorization to Purchase Fire Department Personnel Class A Uniforms SOURCE: Fire
COMMENT: At its meetings on July 20, 2021 and August 3, 2021, the City Council approved Resolutions 37-2021 and 46-2021. The Resolutions amended the Employee Pay and Benefits Plan pertaining to the Fire Officers Series and the Porterville City Firefighters Association. Item IX of Resolution 37-2021 and item X of Resolutions 46-2021 state that the City will purchase each member a Class A uniform. The Class A uniform includes the following items:
 Jacket
 Jacket Badge
 Pants
 Dress Shirt
 Shoes
 Hat
 Hat Badge
Staff requested quotes from Lighthouse Uniform Company for the purchase of the Class A uniforms and Entenmann-Rovin Co. for the jacket and hat badges.

Each of these companies is the Fire Department's sole provider. The quotes are as follows (all amounts include tax and shipping):

Lighthouse Uniform Company $22,689.69 plus $2,028.04 use tax Entenmann-Rovin Co. Jacket Badges $4,485.84
Entenmann-Rovin Co. Hat Badges $3,019.44
Staff recommends approving the purchase of the items as outlined above. While staff will make every effort to coordinate the purchase as quickly as possible after approval, given the current market fluctuations, staff requests authority from the Council to accommodate a ten percent (10%) contingency if needed to proceed with the necessary purchase. This has the potential to increase the overall purchase from $32,223.01 to $35,445.31. Funds for these purchases are requested from Measure I.

RECOMMENDATION: That the City Council authorize the purchase of the Class-A uniforms and badges for $32,223.01, as well as a ten percent (10%) contingency not to exceed $35,445.31.

Item No. 2.

ATTACHMENTS: 1. Badge Quote

2. Hat Badge

3. Uniform Quote

4. Lighthouse Uniform Company Sole Source Letter

5. Entenmann-Rovin Co. Sole Source Letter

6. Resolution 37-2021

7. Resolution 46-2021
Appropriated/Funded:

Review By:

Department Director:

Bryan Cogburn, Deputy Fire Chief
Final Approver: John Lollis, City Manager
QUOTE
SOLD TO: SHIP TO:

PORTERVILLE FIRE DEPT.
40 W. CLEVELAND AVE.

JANICE CELINDER
PORTERVILLE, CA 93257

PORTERVILLE FIRE DEPT (CA)
40 W. CLEVELAND AVENUE
PORTERVILLE, CA 93257
ORDER NUMBER:

ORDER DATE:

CUSTOMER NO.:
0171764
12/3/2021
0013164
Entenmann-Rovin Co.
2425 Garfield Ave.

Commerce, CA 90040-1811
Phone: (323) 278-1999
Fax: (323) 278-1980
Federal I.D. 95-4323273
Email: [email protected]
Website: www.erbadge.com
PAGE: Page 1 of 3
Confirm To:

JANICE CELINDER
CUSTOMER P.O. SHIP VIA

UPS-GROUND
TERMS
Net 30

ITEM NUMBER UNIT ORDERED SHIPPED BACK ORDER PRICE AMOUNT

SALESPERSON

CYNTHIA CRESPO

SHIP DATE
8/28/2024
WH153R-13164-1 EACH 11.000 0.000 0.000 114.0000 1,254.00 PORTERVILLE WH153-R PL DOME BADGE
(SILVER WINGS/RED FIRE HAT

FIREFIGHTER

PORTERVILLE
()-PORTERVILLE #4 CC BC
FIRE DEPT.

FINISH:

SHAPE:

ENAMEL:

ATTACHMENT:

PLATILOY
DOME

HARD BLUE
PIN
WH153R-13164-1 EACH 9.000 0.000 0.000 114.0000 1,026.00 PORTERVILLE WH153-R PL DOME BADGE
(SILVER WINGS/RED FIRE HAT

ENGINEER

PORTERVILLE
()-PORTERVILLE #4 CC BC
FIRE DEPT.

FINISH:

SHAPE:

ENAMEL:

ATTACHMENT:

PLATILOY
DOME

HARD BLUE
PIN
WH153R-13164-6 EACH 9.000 0.000 0.000 114.0000 1,026.00 PORTERVILLE WH153-R TT DOME BADGE
(SILVER WINGS/RED FIRE HAT)

CAPTAIN

PORTERVILLE
()-PORTERVILLE #4 CC BC
FIRE DEPT.

FINISH:

SHAPE:

ENAMEL:

ATTACHMENT:

TWO OTNE
DOME

HARD BLUE
PIN
Continued
QUOTE
SOLD TO: SHIP TO:

PORTERVILLE FIRE DEPT.
40 W. CLEVELAND AVE.

JANICE CELINDER
PORTERVILLE, CA 93257

PORTERVILLE FIRE DEPT (CA)
40 W. CLEVELAND AVENUE
PORTERVILLE, CA 93257
ORDER NUMBER:

ORDER DATE:

CUSTOMER NO.:
0171764
12/3/2021
0013164
Entenmann-Rovin Co.
2425 Garfield Ave.

Commerce, CA 90040-1811
Phone: (323) 278-1999
Fax: (323) 278-1980
Federal I.D. 95-4323273
Email: [email protected]
Website: www.erbadge.com
PAGE: Page 2 of 3
Confirm To:

JANICE CELINDER
CUSTOMER P.O. SHIP VIA

UPS-GROUND
TERMS
Net 30

ITEM NUMBER UNIT ORDERED SHIPPED BACK ORDER PRICE AMOUNT

SALESPERSON

CYNTHIA CRESPO

SHIP DATE
8/28/2024
WH153R-13164-2 EACH 4.000 0.000 0.000 114.0000 456.00
PORTERVILLE WH153-R C DOME BADGE
(GOLD WINGS/RED FIRE HAT)

BATTALION CHIEF

PORTERVILLE
()-PORTERVILLE #4 CC BC
FIRE DEPT.

FINISH:

SHAPE:

ENAMEL:

ATTACHMENT:

CARLTONE
DOME

HARD BLUE
PIN
WH153R-13164-2 EACH 1.000 0.000 0.000 114.0000 114.00
PORTERVILLE WH153-R C DOME BADGE
(GOLD WINGS/RED FIRE HAT)

DEPUTY CHIEF

PORTERVILLE
()-PORTERVILLE #4 CC BC
FIRE DEPT.

FINISH:

SHAPE:

ENAMEL:

ATTACHMENT:

CARLTONE
DOME

HARD BLUE
PIN
WH153R-13164-2 EACH 2.000 0.000 0.000 114.0000 228.00
PORTERVILLE WH153-R C DOME BADGE
(GOLD WINGS/RED FIRE HAT)

FIRE CHIEF

PORTERVILLE
()-PORTERVILLE #4 CC BC
FIRE DEPT.

FINISH:

SHAPE:

ENAMEL:

ATTACHMENT:

CARLTONE
DOME

HARD BLUE
PIN
Continued
QUOTE
SOLD TO: SHIP TO:

PORTERVILLE FIRE DEPT.
40 W. CLEVELAND AVE.

JANICE CELINDER
PORTERVILLE, CA 93257

PORTERVILLE FIRE DEPT (CA)
40 W. CLEVELAND AVENUE
PORTERVILLE, CA 93257
ORDER NUMBER:

ORDER DATE:

CUSTOMER NO.:
0171764
12/3/2021
0013164
Entenmann-Rovin Co.
2425 Garfield Ave.

Commerce, CA 90040-1811
Phone: (323) 278-1999
Fax: (323) 278-1980
Federal I.D. 95-4323273
Email: [email protected]
Website: www.erbadge.com
PAGE: Page 3 of 3
Confirm To:

JANICE CELINDER
CUSTOMER P.O. SHIP VIA

UPS-GROUND
TERMS
Net 30

ITEM NUMBER UNIT ORDERED SHIPPED BACK ORDER PRICE AMOUNT

SALESPERSON

CYNTHIA CRESPO

SHIP DATE
8/28/2024
/PACK 10.00

PACKAGING & HANDLING FEES
/INSURANCE PK 1.000 0.000 0.000 35.0000 35.00

PACKAGE INSURANCE
Net Order: 4,149.00
Less Discount: 0.00
Freight: 18.00
Sales Tax: 318.84
Order Total 4,485.84 :

QUOTE
SOLD TO: SHIP TO:

PORTERVILLE FIRE DEPT.
40 W. CLEVELAND AVE.

PORTERVILLE, CA 93257

PORTERVILLE FIRE DEPT (CA)
40 W. CLEVELAND AVENUE
PORTERVILLE, CA 93257
ORDER NUMBER:

ORDER DATE:

CUSTOMER NO.:
0170150
9/22/2021
0013164
Entenmann-Rovin Co.
2425 Garfield Ave.

Commerce, CA 90040-1811
Phone: (323) 278-1999
Fax: (323) 278-1980
Federal I.D. 95-4323273
Email: [email protected]
Website: www.erbadge.com
PAGE: Page 1 of 2
Confirm To:

YVETTE RODRIGUEZ
CUSTOMER P.O. SHIP VIA

UPS-GROUND
TERMS
Net 30

ITEM NUMBER UNIT ORDERED SHIPPED BACK ORDER PRICE AMOUNT

SALESPERSON

CYNTHIA CRESPO

SHIP DATE
6/17/2024
348R-13164-3 EACH 11.000 0.000 0.000 92.0000 1,012.00
PORTERVILLE 348-R PL CAP PIECE

FIREFIGHTER
()-PORTERVILLE #4 CC BC
(RED FIRE HAT)
FIRE DEPT.

FINISH:

SHAPE:

ENAMEL:

ATTACHMENT:

PLATILOY
DOME

HARD BLUE

POST-PEG
348R-13164-3 EACH 8.000 0.000 0.000 92.0000 736.00
PORTERVILLE 348-R PL CAP PIECE

ENGINEER
()-PORTERVILLE #4 CC BC
(RED FIRE HAT)
FIRE DEPT.

FINISH:

SHAPE:

ENAMEL:

ATTACHMENT:

PLATILOY
DOME

HARD BLUE

POST-PEG
348R-13164-2 EACH 7.000 0.000 0.000 92.0000 644.00
PORTERVILLE 348-R TTCAP PIECE

CAPTAIN
()-PORTERVILLE #4 CC BC
(RED FIRE HAT)
FIRE DEPT.

FINISH:

SHAPE:

ENAMEL:

ATTACHMENT:

TWO TONE
DOME

HARD BLUE

POST-PEG
348R-13164-1 EACH 2.000 0.000 0.000 88.0000 176.00
PORTERVILLE 348-R C CAP PIECE

BATTALION CHIEF
()-PORTERVILLE #4 CC BC
(RED FIRE HAT)
FIRE DEPT.

FINISH:

SHAPE:

ENAMEL:

ATTACHMENT:

CARLTONE
DOME

HARD BLUE

POST-PEG
Continued
QUOTE
SOLD TO: SHIP TO:

PORTERVILLE FIRE DEPT.
40 W. CLEVELAND AVE.

PORTERVILLE, CA 93257

PORTERVILLE FIRE DEPT (CA)
40 W. CLEVELAND AVENUE
PORTERVILLE, CA 93257
ORDER NUMBER:

ORDER DATE:

CUSTOMER NO.:
0170150
9/22/2021
0013164
Entenmann-Rovin Co.
2425 Garfield Ave.

Commerce, CA 90040-1811
Phone: (323) 278-1999
Fax: (323) 278-1980
Federal I.D. 95-4323273
Email: [email protected]
Website: www.erbadge.com
PAGE: Page 2 of 2
Confirm To:

YVETTE RODRIGUEZ
CUSTOMER P.O. SHIP VIA

UPS-GROUND
TERMS
Net 30

ITEM NUMBER UNIT ORDERED SHIPPED BACK ORDER PRICE AMOUNT

SALESPERSON

CYNTHIA CRESPO

SHIP DATE
6/17/2024
348R-13164-1 EACH 1.000 0.000 0.000 88.0000 88.00
PORTERVILLE 348-R C CAP PIECE

DEPUTY CHIEF
()-PORTERVILLE #4 CC BC
(RED FIRE HAT)
FIRE DEPT.

FINISH:

SHAPE:

ENAMEL:

ATTACHMENT:

CARLTONE
DOME

HARD BLUE

POST-PEG
348R-13164-1 EACH 1.000 0.000 0.000 88.0000 88.00
PORTERVILLE 348-R C CAP PIECE

FIRE CHIEF
()-PORTERVILLE #4 CC BC
(RED FIRE HAT)
FIRE DEPT.

FINISH:

SHAPE:

ENAMEL:

ATTACHMENT:

CARLTONE
DOME

HARD BLUE

POST-PEG
/PACK 10.00

PACKAGING & HANDLING FEES
/INSURANCE PK 1.000 0.000 0.000 35.0000 35.00

PACKAGE INSURANCE
Net Order: 2,789.00
Less Discount: 0.00
Freight: 17.00
Sales Tax: 213.44
Order Total 3,019.44 :

Quantity Item SKU Price (ea) Total
1 Class A Dress Uniform Package (SPECS) (LH4) - Firefighter 4701 679.80 679.80 [Joanna Lesslex] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Firefighter 4701 679.80 679.80 [Rory Baker] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Firefighter 4701 679.80 679.80 [Dustin Kozar] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Firefighter 4701 679.80 679.80 [Rafael Sencion] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Firefighter 4701 679.80 679.80 [Jacob Vasquez] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Firefighter 4701 729.80 729.80 [Nick Sauceda] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Firefighter 4701 679.80 679.80 [Manuel Herrera] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Firefighter 4701 679.80 679.80 [Austin Gonzalez] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Firefighter 4701 679.80 679.80 [John Gomez] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Firefighter 4701 679.80 679.80 [Alexis Ayon] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Firefighter 4701 679.80 679.80 [Wesley Miller ] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Firefighter 4701 679.80 679.80 [Reggie Calo] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Engineer 4701 679.80 679.80 [Rene Zavala] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Engineer 4701 679.80 679.80 [Cale Hosfielot] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Engineer 4701 729.80 729.80 [Derek Matthews ] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Engineer 4701 679.80 679.80 [David Avina] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Engineer 4701 679.80 679.80 [Tauen Speck] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Captain 4701 679.80 679.80 [Alex Rodrignez] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Captain 4701 679.80 679.80 [Mark Graves] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Captain 4701 679.80 679.80 [Kirk Lowery] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Captain 4701 679.80 679.80 [Jacques Rayburn] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Captain 4701 679.80 679.80 [David Smith] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Captain 4701 679.80 679.80 [Rudie Aguilar] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Captain 4701 779.80 779.80 Invoice A-303835 Ship-by Date
None
Date Ordered
11/2/2021
Payment Method
P.O. #Net 30 - Hold for approval
Sales Person
Maura Booher
Customer
Mike Hildreth (64044)
Porterville Fire Department
559-359-6357
[email protected]
Bill To
Mike Hildreth
40 W Cleveland Ave ,
Porterville, CA 93257
United States
Ship To
Mike Hildreth
40 W Cleveland Ave ,
Porterville, CA 93257
United States
Need-by Date
None
Shipping Method
Ground Freight
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
$ $
[Anthony Alejandre] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Battalion Chief 4701 782.80 782.80 [Isaac Buler] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Battalion Chief 4701 682.80 682.80 [Shannon Skiles] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Deputy Chief 4701 782.80 782.80 [Bryan Cogburn] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Investigator 4701 729.80 729.80 [Richard Garcia] with shoes
1 Class A Dress Cap (SPECS) (LH4) - Fire Chief 4703 129.99 129.99 1 Class A Cap Device (SPECS) (LH4) - Fire Chief 4704 15.95 15.95 1 Class A Dress Uniform Package (SPECS) (LH4) - Engineer 4701 679.80 679.80 [Steven Jones] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Engineer 4701 679.80 679.80 [Mikal Sanchez] with shoes
1 Class A Dress Uniform Package (SPECS) (LH4) - Engineer 4701 679.80 679.80 [Coy Farnsworth] with shoes
Subtotal 21,678.74
Shipping 764.95
Handling 246.00
Sales Tax 0.00
Total 22,689.69
Purchase Order 0.00
Balance Due 22,689.69
Date Comment
11/2/2021, 11:48:59 AM Customer comments: - Dept patches not in stock -- Mike Hildreth will mail dept. patches Lighthouse Uniform
1532 15th Ave W
Seattle, WA, 98119
800-426-5225 [email protected] lighthouseuniform.com $ $
$ $
$ $
$ $
$ $
Name: Brian Cogburn
Cap Color (LH4 Specs): White
Custom Cap Bill Type: Scrambled Eggs (Standard CMDR)
Cap Style: Bell Cap
Cap Size: 7 5/8 (Large) Cap Side Buttons: Gold FD
Chin Strap: Gold Metal Expandable
$ $
Name: Bryan Cogburn
New Cap Device: 5 Bugles Cap Device Color: Gold
$ $
$ $
$ $
$
$
$
$
$
[Net 30 - Hold for approval]
$
$

Item No. 3.

CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: Authorization to Resurface the Police Department Facility High Traffic Areas Flooring
SOURCE: Police
COMMENT: The Police Department facility experiences high foot traffic throughout the day.

The carpet flooring in the hallways has been in place for many years and is in need of replacement. While considering replacing the carpet, it was determined that the concrete foundation beneath the carpet, if rehabilitated correctly, would be a more sanitary surface and would also be able to withstand the high level of foot traffic. A concrete flooring option would also allow building maintenance personnel to clean and sanitize the flooring more efficiently, which would be beneficial, especially with the emergence of COVID-19.

Department staff researched concrete flooring options and contacted Floors Reborn, Inc. Grinding, resurfacing, and polishing the concrete of the Department floor was discussed. Removing the carpet and polishing the concrete foundation would be an aesthetic improvement, be more sanitary and more durable. Staff obtained a quote of $24,895.00 from Floors Reborn, Inc. to complete this work.

At its meeting on February 16, 2021, the City Council approved Floors Reborn, Inc. to resurface the Police Department lobby. During project planning, staff attempted to obtain three quotes for the work to be done. In contacting several local flooring companies, none of them could complete said project, nor could they refer the City to any companies that could complete the project. To expand the search scope for additional vendors, an internet search was also conducted through HomeAdvisor, which directed staff back to Floors Reborn, Inc.

Since there are no other flooring companies available to complete the project, and Floors Reborn, Inc. has already completed satisfactory work in the Police Department lobby, which would also ensure proper matching of flooring, staff is requesting Floors Reborn, Inc. be considered as the sole source for resurfacing the Department's high traffic areas (hallways). As previously noted in the staff report on February 16, 2021, the carpet in many of the higher traffic areas of the Department required replacement, as it has been in place for many years and needs repair/replacement. The lobby flooring project allowed staff to determine that this option is viable for the much larger areas of the Department.

Funds for this project are available in Police Department Asset Forfiture accounts.

Item No. 3.

RECOMMENDATION:

That the City Council:

1. Authorize staff to enter into an agreement with Floors Reborn, Inc. for the removal of carpet and resurfacing/polishing of the concrete high traffic area flooring at the cost of $24,895.00; and

2. Authorize payment to the vendor upon completion of the project.

ATTACHMENTS: 1. Floors Reborn, Inc. Quote

2. City Council Agenda Staff Report - February 16, 2021 Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: John Lollis, City Manager

ESTIMATE
Floors Reborn, Inc. - Decorative Concrete Resurfacing Pros Porterville Police Department
Porterville Police Department
350 N D St
Porterville, CA 93257
(559) 631-6469
[email protected]

CONTACT US
1218 S O St
Tulare, CA 93274
(559) 785-9700
[email protected]
ESTIMATE #2691
TOTAL $24,895.00
Services amount
Contractor's License: 1059720
.

All Prices Includes Material and Labor.
.

Concrete (Existing) - Concrete Polishing $22,005.00
Areas: Common Hallways leading up to rooms/offices, and bathrooms, Field Training Office, and Report Writing Room.

Scope of Work: Polishing concrete floors includes surface preparation: Grinding, Cleaning, Degreasing, and Etching or any combination there of. Polishing process includes starting with metal prep diamonds, then transitioning to hybrid/cermac polishing pucks, staining with desired color, densifying concrete, polishing up to 800 grit, applying 2 coats of polish guard/sealer, and burnishing in between each coat with a highspeed polisher.

Color Stain: Gray (matching lobby)
Repairs: Minor repairs are included in this price, but major repairs such as but not limited to leveling, hole filling, crack filling, joint repair/filling, and moisture issues.

Notes and Disclaimers:
* Price does not include removal or installaiton of baseboards, moulding, trim, or other material other than what is specified in this estimate. * Demolition of existing floor coverings is not included in this price.

Concrete (Existing) - Demolition/Preparation $4,890.00
Areas to be demolished/Prepared: Common Hallways leading up to rooms/offices, and bathrooms, Field Training Office, and Report Writing Room.

All pricing includes labor, materials, dumping and other related fees, demolition including removal baseboards, carpet, and heavy glue.

Cleaning/Degreasing/Stripping/Glue Removal
Profile/Grinding w/ Dustless Vac System
Vacuuming Residual
Doorway Transition Installation $1,200.00
Installing 30 doorway transitions/reducers for hallway/entrances to other areas, offices, restrooms, etc...

Subtotal $28,095.00
$655 for previous lobby, and $2545 for this estimate - $3,200.00 Total $24,895.00

APPROVED
(https://www.housecallpro.com/features/estimating-software/?utm_source=estimate&utm_medium=inproduct&utm_content=logo-2&utm_campaign=estimate&mc=product&msc=estimate&[email protected]) Need an easier way to conduct estimates? Try Housecall Pro.

TRY
IT
NOW
(HTTPS://WWW.HOUSECALLPRO.COM/FEATURES/ESTIMATING-SOFTWARE/? UTM_SOURCE=ESTIMATE&UTM_MEDIUM=IN-PRODUCT&UTM_CONTENT=TRY-OUR-EASY-ESTIMATI TOOL&UTM_CAMPAIGN=ESTIMATE&MC=PRODUCT&MSC=PRODUCT&[email protected] Thank you for choosing Floors Reborn, Inc. for all your decorative concrete, resurfacing and floor care needs! We appreciate the opportunity to service you.
.

Bakersfield Address & Phone:
4031 Alken St, STE B1
Bakersfield, CA 93308
661.490.9800
Floors Reborn, Inc. - Decorative Concrete
Resurfacing Pros 1059720
http://www.floorsreborn.com
Item No. 4.

CITY COUNCIL AGENDA – FEBRUARY 16, 2021
SUBJECT: Authorization to Resurface the Police Department Lobby Floor SOURCE: Police
COMMENT: The Police Department lobby can see high foot traffic throughout the day. The carpet flooring in the lobby has been in place for many years and is in need of replacement. While considering replacing the carpet, it was determined that the concrete foundation beneath the carpet, if rehabilitated correctly, would be a more sanitary surface and would also be more withstanding to foot traffic. A concrete flooring option would also allow for building maintenance personnel to more efficiently clean and sanitize the flooring, which would be beneficial, especially with the emergence of COVID-19.

Department staff researched concrete flooring options and contacted Floors Reborn, Inc. Grinding, resurfacing, and polishing the concrete of the Department lobby was discussed. Removal of the carpet and polishing the concrete foundation would be an aesthetic improvement, be more sanitary, and would be more durable to high levels of foot traffic.

A quote of $6,464.00 was obtained, which prompted the need to seek three quotes for the work to be performed. Staff contacted several local flooring companies; however, none of them were able to complete said project, nor could they refer any companies that could complete the project. An internet search was also completed through HomeAdvisor and it referred staff to Floors Reborn, Inc.

Since there are no other flooring companies available to complete the project, staff is requesting Floors Reborn, Inc. to be considered as the sole source for resurfacing the Department lobby floor.

Additionally, over the next few years, the carpet in many of the higher traffic areas of the Department will require replacement, as it also has been in place for many years and is in need of repair/replacement. The lobby flooring project will allow for staff to determine if this option will be viable for the much larger areas of the Department in the future.

Funding for this project is available in Department budgets.

RECOMMENDATION: That the City Council:

Item No. 4.

1. Authorize staff to enter into an agreement with Floors Reborn, Inc. for the removal of carpet and resurfacing/polishing of the concrete lobby floor at a cost of $6,464.00; and

2. Authorize payment to the vendor upon completion of project.

ATTACHMENTS: 1. Floors Reborn, Inc
Appropriated/Funded:

Review By:

Department Director:

Eric Kroutil, Police Chief
Final Approver: John Lollis, City Manager
Item No. 4.

CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: Authorization to Advertise for Bids - Fire Management Office Remodel SOURCE: Engineering and Project Management
COMMENT: Fire Department management staff recently moved into the office spaces at the front of City Hall previously occupied by the City Manager. Upon occupancy, it was determined that a remodel was necessary to fully accommodate the staff needing to occupy the space and to create necessary separation during discussions that may be sensitive in nature. The remodel will include the extension and enclosure of the desk area currently open to the public to include a portion of the north lobby, creating a closed office space and meeting area.

Work will also be done to the south wall of the Fire Chief's office to reduce the transfer of sound between offices.

The plans and project manual have been prepared for the Fire Management Office Remodel. The Engineer's Estimate of Probable Cost is $25,000. An additional $5,000 (20%) is necessary for construction contingency; this amount is higher than the standard ten percent (10%) generally recommended due to the concern about the potential of increased costs to complete the project as there is evidence of water permeating through the building from the exterior flower bed in the area of the proposed new wall. It is anticipated that an additional $2,500 (10%) is necessary for construction management and quality control for a total of $32,500.

Funding is available for this project in the Fire Equipment Replacement Fund.

RECOMMENDATION: That City Council:

1. Approve Staff's recommended Plans and Project Manual;

2. Authorize staff to advertise for bids on the project; and

3. Authorize the Finance Director to appropriate $32,500 from the Fire Equipment Replacement Fund for this project.

ATTACHMENTS: 1. Locator Map - Fire Management Office Remodel Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Item No. 4.

Final Approver: John Lollis, City Manager
T.

CLEVELAND AVE. MAIN ST.

THURMAN AVE.

CITY OF PORTERVILLE

ENGINEERING DIVISION
291 NORTH MAIN STREET
PORTERVILLE, CA. 93257
(559) 782-7462
N
O R T
H

PROJECT

LOCATION
Fire Management Office
Remodel Project
Item No. 5.

CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: Authorization to Distribute a Request for Qualifications for Design Services - Butterfield Stage Corridor
SOURCE: Engineering and Project Management
COMMENT: The City is proposing to develop a non-motorized transportation facility known as the Butterfield Stage Corridor to provide safe, improved access to education, retail opportunities, job centers, housing, and the transit center. The Butterfield Stage Corridor will utilize approximately nine miles of City-owned former Union Pacific Railroad right of way between Tea Port Dome to the south and Avenue 196 in Strathmore to the north. The project will consist of a Class 1, paved, non-motorized multi-use path that, within city limits, will include amenities such as solar lighting, drought-tolerant landscaping, drinking water stations, refuse receptacles, benches, wayfinding, and controlled-lighted crossings. Portions of the path that are outside of city limits would include solar lighting and drought-tolerant landscaping. The path will meander through the width of the right of way in a manner best suited to avoid irregularities of grade and to provide space for the amenities mentioned. The project will facilitate the achievement of General Plan Implementation Policy PSCF-I-14, to “develop a safe and efficient trail network throughout the City that links parks and other key City destinations.”
On March 24, 2021, the California Transportation Commission adopted the 2021 Active Transportation Program (ATP) for Statewide and Small Urban and Rural Components (Resolution G-21-30), which included $7.1 million for the development of the first phase of the Butterfield Stage Corridor that encompasses the Class 1 non-motorized multi-use path with amenities between College Avenue to the south and West North Grand Avenue to the north. City staff have been working with Tulare County Association of Governments (TCAG) staff on funding options to develop the segment of the path between West North Grand Avenue and Avenue 196.

With the concepts in place as defined by the grant application, staff proceeded with the preparation of a Request for Qualifications for design services for this project. The engineering firms interested in the project shall submit a statement of qualifications that will be reviewed and rated by a selection panel. The highest ranking firms, typically two to three firms, may or may not be asked to participate in an interview panel and ranked again.

Staff will then present the results of the ranking to City Council for approval and to direct staff to negotiate a fee with the highest ranking firm or the firm Item No. 5.
determined by Council. The chosen firm will meet with staff to fine tune the scope and deliver a fee. If the fee is acceptable, staff will then seek Council's approval to execute a Service Agreement so that the firm can commence with the needed design work for the Butterfield Stage Corridor.

RECOMMENDATION: That the City Council authorize staff to distribute a Design Services Request for Qualifications for the Butterfield Stage Corridor.

ATTACHMENTS: 1. Locator Map

2. Draft Request for Qualifications
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
å
å
å
å
å
å
å
å
å
å
|ÿ
65 PORTER
RD

VILLA ST

REID AVE

NORTH GRAND AVE

INDIANA ST

PROSPECT ST

MATHEW ST

NEWCOMB ST WESTFIELD AVE

HENDERSON AVE

MAIN ST
North
Park
Zalud
Park
Hayes
Field
Veterans Park
Monache
High School
Strathmore
High School
Harmony
Magnet
Academy
Butterfield
Charter
High School
Sequoia
Middle
School
Monte Vista
Elementary
Westfield
Elementary
Porterville
Adult School
Oak Grove
Elementary
School
Porterville
Military
Academy
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community å
å
å
å
å
å
å
å
å
å
å
å
å
å
å
å
å
å
å
PÆ
|ÿ
65 |ÿ
190

JAYE ST

SCRANTON AVE

PROSPECT ST

WORTH AVE

GIBBONS AVE

POPLAR AVE

DATE AVE

LIME ST

TEAPOT DOME AVE

SPRINGVILLE AVE

PORTER RD

ORANGE AVE

WESTFIELD AVE

VILLA ST

INDIANA ST

OLIVE AVE

MORTON AVE

HENDERSON AVE

PLANO ST

MAIN ST
Olivewood
Mini Park
North
Park
Zalud Park
Rails to
Trails
Murry
Park
Community
Center
Tule River
Parkway
Lions
Mini Park
Heritage
Center
Pioneer
Ballfield
Hayes
Field
Veterans Park
Centennial
Plaza
Park
Fallen
Heroes Park
Municiple
Golf
Course
Porterville
High School
Citrus High
School
Vine Street
Community
Day School
Bartlett
Middle
School
Pioneer
Middle
School
Belleview
Elementary
Los Robles
Elementary
Monte Vista
Elementary
Olive Street
Elementary
Roche Avenue
Elementary
Santa Fe
Elementary
Vandalia
Elementary
West Putnam
Elementary
Porterville
College
St. Anne's
School
Tulare County
Child Care
Education Program
Hope
Elementary
School
L.B. Hill
Learning
Center
Porterville
Transit Center
Heritage
Community
Center
City Hall
Barn Theatre
Corporation
Yard
Santa Fe
Depot
Zalud House
Justice
Center
Museum
Animal
Shelter
Family
Crisis
Center
DA/Public
Defender
The Dixie
Group
Pro Document
Solutions
Green Power
Motor Company
Walmart
Distribution
Center
US Forest
Service
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Butterfield Stage Corridor
0 0.25 0.5Miles
±
Date Printed: 9/17/2019
by the Community Development Department
å
å
å
å
å

OLIVE AVE

ORANGE AVE

MORTON AVE

MAIN ST

PLANO ST
Rails to
Trails
Lions
Mini Park
Heritage
Center
Centennial
Plaza Park
Vine Street
Community
Day School
Belleview
Elementary
Roche Avenue
Elementary
Santa Fe
Elementary
Porterville
Transit
Center
Heritage
Community
Center
City Hall
Barn Theatre
Santa Fe
Depot
Zalud House
Justice
Center
Museum
Animal
Shelter
Family
Crisis
Center
DA/Public
Defender
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Proposed Trail
Affordable Housing
Employment
Facilities
Library
Post Office
Shopping Center
å Schools
Family Health Care Network
PÆ Hospital
Fire Station
Police Station
Parks
City Limits
North Section
South Section

REQUEST FOR QUALIFICATIONS
Design Services – Butterfield State Corridor
February 2022
PREPARED BY:

ENGINEERING & PROJECT MANAGEMENT DEPARTMENT
February 2022
I INTRODUCTION AND OBJECTIVES:

The City of Porterville (hereinafter referred to as ''CITY'') is requesting statements of qualifications (SOQs) from qualified engineering firms for the purpose of developing plans and specifications for the Butterfield Stage Corridor; a grant funded active transportation corridor for bicycle and pedestrian traffic. The final design will need to comply with the deliverables of the grant application.

This document identifies the general project scope and procedures for Consultant involvement in this process. Responding consultants must have relevant experience and the ability to provide the requisite professional services.

II EXAMINATION OF PROPOSAL DOCUMENTS:

By submitting a proposal, each CONSULTANT represents that it has thoroughly examined and become familiar with the work required under this RFQ and that it is capable of performing quality work to achieve the objectives of CITY.

III ADDENDA/CLARIFICATIONS:

Any CITY changes to this RFQ will be made via written addendum. No verbal modification shall be binding.

IV PROPOSAL REQUIREMENTS:

Proposals for this project will be accepted at this office until 4:00 p.m., on Tuesday, March 22, 2022. Three (3) copies of the proposal shall be submitted in a sealed envelope, plainly marked “Statement of Qualifications for Butterfield CorridorDesign Services.”Cost proposals shall not be submitted until requested by the CITY. Proposals shall be addressed to:

Daniel Cervantez, City Engineer
Engineering & Project Management Department
City of Porterville
291 N. Main Street
Porterville, CA 93257
The City reserves the right to reject any and all proposals, which do not meet the requirements of this RFQ and/or any portion of the requirements of this project.

V PRE-CONTRACTUAL EXPENSES:

Pre-contractual expenses are defined as expenses incurred by the CONSULTANT in:
1) preparing and reproducing its proposal in response to this RFQ; 2) submitting its proposal to CITY; 3) negotiating with CITY any matter related to this RFQ and CONSULTANT's proposal; 4) other matters prior to the date of award of a Contract.

CITY shall not be liable for any pre-contractual expenses incurred by CONSULTANT in the preparation of proposals. Pre-contractual expenses shall not be included in the cost proposal.

VI EXCEPTIONS/DEVIATIONS:

Any exceptions to the requirements of this RFQ must be included in the CONSULTANT's proposal. Such exceptions must be included as a separate element of the proposal entitled “Exceptions and Deviations.”
VII CONSULTANT REPRESENTATIVE:

The CONSULTANT shall assign a responsible representative and an alternate, both of whom shall be identified in the proposal. The CONSULTANT's representative shall remain in responsible charge for the duration of the project. Should the CONSULTANT's primary representative be unable to continue with the project, the CONSULTANT's alternate representative shall become the primary representative. No personnel changes will be acceptable without prior approval by CITY. CITY reserves the right to reject any changes in personnel at any time during the course of this project. CITY also reserves the right to terminate the contract if, in the opinion of CITY, substantial changes in project management may jeopardize the successful completion of this project to the satisfaction of CITY.

VIII LOCAL AGENCY REPRESENTATIVE:

Sarah Weaver, Project Manager, shall be the Contract Administratorand contact person for all communications with CITY.

IX INSURANCE REQUIREMENTS:

The CONSULTANT shall maintain and provide current copies to CITY of the following minimum insurance coverage for the duration of this project:
 Full liability under Worker’s Compensation laws of the State of California  General comprehensive liability (bodily injury and property damage)*  Professional liability insurance (errors and omissions)*  Automotive liability Insurance*
*All must provide a combined single limit (CSL) of not less than $2 million per occurrence.

X INDEMNIFICATION:

The CONSULTANT shall indemnify, defend, and hold harmless CITY, its elected and appointed officers, employees agents from and against any and all claims, including attorney's fees and reasonable expenses for litigation or settlement, for any loss, damages, bodily injuries, and loss of property caused by negligent acts, omissions, or willful misconduct by the successful CONSULTANT and its subconsultants arising out of performance requirements of the Contract.

XI SUBCONTRACTING:

Only those firms identified in the Contract as subcontractors or subconsultants shall be allowed to perform work for this project. Any amendments to this requirement shall be made in writing by prime CONSULTANT to CITY. CITY has the right to reject any requested amendments at any time during the course of this project.

XII FEDERAL, STATE, AND LOCAL LAWS:

The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, ordinances, and statutes.

XIII PROPOSAL EVALUATION CRITERIA:

Evaluation criteria used to select the CONSULTANT shall include, but not be limited to, the following:

A. Firm(s) experience with similar projects;
B. Firm(s) key personnel qualifications/certifications and experience, especially the project manager and individuals performing services;
C. Firm(s) understanding of the project requirements;
D. Firm(s) ability to provide the required services in a timely and cost-effective mannerto meet the required schedule;
E. Firm(s) policy in providing Equal Employment Opportunity; and F. Firm(s) approach to provide the best product for CITY.

The attached CITY’S Consultant Selection Rating Form shall be used to rate each firm.

XIV CONSULTANT SELECTION AND INTERVIEWS:

CITY selection committee, consisting of the Contract Administrator and at least two additional staff members familiar with the project requirements, will review all proposals and rank CONSULTANTs according to theirdemonstrated competence and professional qualifications as assessed by their response to this RFQ and the evaluation criteria contained in the CITY’S Consultant Selection Rating Form. The highest ranked CONSULTANT(s) may be invited for oral interviews with CITY team. Interviews, if deemed necessary by CITY, are tentatively scheduled for the first week of April 2022. Each participating firm will be contacted via telephone for verification of interview date and time. Failure to be available at the time of a scheduled interview shall be considered non-responsive and shall be cause for elimination from any further consideration. This is a time sensitive grant funded project and, as such, consultants will be asked to describe how they intend to deliver 100% by the end of 2022. CITY reserves the right to begin negotiations and enter into a Contract without interviews or further discussion.

XV COST PROPOSAL:

The cost proposal shall not be submitted until requested by the CITY. Negotiations with the topranked candidate(s) may begin immediately. If an agreement cannot be reached within ten (10) working days, CITY may begin negotiations with the next selected candidate(s) and proceed. If necessary, this process will continue until either an agreement is reached or CITY elects to readvertise for new proposals. CITY reserves the right to reject any and all proposals prior to award of a Contract. All cost proposals not opened shall be returned to their respective firms.

XVI CONTRACTS/AGREEMENTS:

The successful CONSULTANTs shall enter into upcoming Contracts with CITY that are based on the contents of this RFQ, the CONSULTANT's proposal, and CITY Contract. Where two or more CONSULTANTs desire to submit a single proposal (joint venture), only one CONSULTANT shall be listed as prime CONSULTANT. All others shall be listed as subconsultants. The chosen CONSULTANTs is expected to be presented at the City Council meeting scheduled for Tuesday, April 19, 2022. Issuance of this RFQ and receipt of proposals does not commit CITY to award a Contract. CITY reserves the right to postpone award of a Contract for its own convenience, accept or reject any or all proposals received in response to this RFQ, and cancel any or all portions of this RFQ and resulting Contract.

XVII COMPENSATION:

A. All items of work required for completion of the project/s to result from this RFQ shall be paid for following the cost proposal format specified in each task order request.

Costs for any and all items not specifically listed, but required to complete the work for projects (including all exceptions and deviations stated included in CONSULTANT's proposal), shall be included as part of the total cost proposed. No additional compensation shall be paid for such items. No additional compensation shall be given for any reproduction costs, except those in excess of the requirements stated in this RFQ. Only a change in scope or any significant task addition or increase shall receive consideration for additional compensation.

B. lf the CONSULTANT feels that any work it has been directed to perform is beyond the scope of the Contract and constitutes extra work, it shall notify CITY in writing within ten (10) days. CITY will review such notice and, if justified, authorize additional compensation to the CONSULTANT on a fair and equitable basis.

C. Monthly progress payments will be made to the CONSULTANT only upon submittal of invoices to CITY. Said invoice shall indicate the percentage completion of each task, as well as the overall percentage completion of the entire project. In addition, an updated schedule showing tasks and their degree of completion shall be provided.

XVIII OWNERSHIP OF REPORTS AND DOCUMENTS:

Originals of all documents, letters, drawings, design calculations, estimates, specifications, and other documents and data produced under the terms of the Contract shall become the property of CITY. CITY shall retain all rights in copyright. Copies may be made and retained by the CONSULTANT for its records, but shall not be furnished to others without the written consent of CITY for a period of three (3) years from the date of acceptance, by CITY, of all requirements of this project.

XIX PROPOSAL FORMAT AND CONTENT:

Proposals shall be brief and include a concise address of the following information:

A. Firm Experience:

1. A brief list of similar projects completed in the last five (5) years, indicate the specific relationship if other than principal and each firm's responsibilities.

Descriptions of pertinent experience should include a summary of work performed, adherence to schedules, the duration of each project, and the name, title, and phone number of clients that may be contacted for reference.

2. Other information that might aid CITY in ascertaining proposing firm's qualifications.

B. Consultant Team:

Name of prime consulting firm, subconsultant(s), names of principals, associates, project manager, and key personnel, their proposed level and areas of responsibility, and their qualifications/certifications in those areas. The CONSULTANT's Project Manager and key personnel will be an important factor considered by CITY.

1. Any changes to personnel assigned to this project shall be made in writing to CITY. CITY reserves the right to reject any proposal with modified personnel.

2. If subconsultants are used, names of subconsultant's key personnel for the project, their professional experience, qualifications/certifications, and training, which are applicable to this project, and the scope of services that will be provided by each subconsultant.

3. The office location from which the CONSULTANT(s) shall operate along with telephone and/or cell number of the project manager.

C. Proposal Format:

1. Proposals shall contain no more than twenty (20) pages, excluding cover sheet, table of contents, index sheets, and resumes, double-sided, font size no less than 10 pt., and single or double-spaced. Cover letters will be counted as part of the twenty sheets. The City encourages the use of recycled materials.

2. Proposals should include, but not be limited to, the following:
a. Page numbering;
b. Table of Contents, if applicable;
c. Section dividers with tabs, if applicable;
d. Identification of offering firms, including name, address, and telephone number of each firm;
e. Prime CONSULTANT organizational chart, which includes subconsultant(s) with names and titles of personnel to be used for this project; f. Acknowledgment ofreceipt of RFQ addenda, if any;
g. Concise, complete response addressing each of the items, ‘a’ through ‘p’, as shown in the City’s “Consultant Selection Rating Form”; and h. Exceptions to or deviations from the requirements of this RFQ, separating technical exceptions from contractual exceptions. Any alternative approach proposed by the CONSULTANT shall be thoroughly explained and shall meet the objectives of CITY.

CITY OF PORTERVILLE

REQUEST FOR QUALIFICATIONS (RFQ) FOR DESIGN SERVICES FOR BUTTERFIELD STAGE CORRIDOR – AN ACTIVE TRANSPORTATION PROJECT
The City of Porterville seeks “Statement of Qualifications” (SOQ) from qualified engineering firms for the purpose of developing plans and specifications for the Butterfield State Corridor Project; a grant funded active transportation corridor for bicycle and pedestrian traffic. The final design will need to comply with the deliverables of the grant application.

This document identifies the general project scope and procedures for Consultant involvement in this process. Responding consultants must have relevant experience and the ability to provide the requisite professional services.

SCOPE OF DESIGN SERVICES:

The consultant will respond directly to the Engineering and Project Management Directoror their designee on the project. The selected consultant will perform, but not be limited to the following tasks:

1. Meet with City staff to ascertain the full scope of design work and determine the level and amount of information and drawings available to the consultant to assist in the preparation of the formal “scope of service”. Said scope shall be prepared and transmitted to the City for review and concurrence. The consultant shall include their “fee” for all work described in the scope of services and, if acceptable to the City, the scope of services and associated fee shall form the basis for the Consulting Services agreement. A brief description of some of the work needed is listed below. a. Final design plans and specifications for the development of a grant funded active transportation corridor.
i. The plans and specifications must meet the deliverable requirements of the approved grant application and shall utilize the plan details from the grant application as a reference for final design. A copy of the grant application and CAD files shall be provided by the City as reference.

2. Compile background data necessary and perform services required to prepare plans, specifications, contract documents, special provisions, and special details needed for a complete and thorough project.

3. Review and update the Engineer’s Estimate of Probable Cost Report from the grant application as needed for the plan updates.

4. Provide clarifications and answer questions as needed during the construction bid process.

5. Coordinate early consultation and ongoing meetings with City staff and staff at other agencies.

6. Provide other consulting services as available through the selected firm.

DESIRABLE QUALIFICATIONS OF THE CONSULTANT:

The City is seeking a qualified consultant to provide plans, specifications, and related documentation for a grant funded active transportation corridor for bicycle and pedestrian traffic. The desired consultant shall have the following qualifications:

1. Experience in design and construction support of similar facilities or other experience relevant to this type of project.

2. The Consultant’s proven ability to expeditiously and accurately produce the required product in a concise and useable format.

3. The “design team” should be comprised of professionals with the requisite design expertise to prepare complete “construction ready” plans, specifications, and construction assistance.

4. The “design team” should include the proper mix of professionals (engineering including SWPPP, landscape, cost estimation, etc).

LOCAL AGENGY RESPONSIBILITIES:

The CONSULTANT will report to the CITY’s Contract Administrator. The CONSULTANT shall not proceed with any work until the CITY provides the Notice to Proceed to the CONSULTANT.

The CITY’s Contract Administrator will directly handle the project management and monitoring of the CONSULTANT’s work to ensure it is complete, accurate, and consistent with the terms and conditions of the CONSULTANT contract. The Contract Administrator and designees will also inspect, review, and discuss project progress, comply with Federal, State and Local policies and regulations, and other requirements to further the prosecution of the contract work with the least delay.

The CITY’s Contract Administrator shall be responsible for the following:
o Serve as the CITY’s primary contact person for the CONSULTANT o Monitor the CONSULTANT’s progress and provide direction o Review billings and determines whether costs billed are reasonable in relation to the work performed during billing period
o Approve the CONSULTANT’s progress payments
o Identify other CITY personnel for CONSULTANT to contact, if needed All records and documentation produced by the CONSULTANT become property of the CITY.

CONSULTANT SELECTION RATING FORM
Project Name: Date:

Project Number:

Evaluation Factor
Rating Factor
Numerical Range &
Weighting Based on
Importance of
Factor

FIRM FIRM FIRM FIRM
Score Score Score Score
a. Capability to perform all or most aspects of the project. 0-10 b. Recent experience in projects comparable to the proposed project. 0-10 c. Firm’s reputation for professional integrity and competence. 0-5 d. Key personnel’s professional background and caliber. 0-7 e. Adequate qualified personnel available for assignment to the project. 0-5 f. Recent experience in specialized areas of expertise associated with the project. 0-5 g. Demonstrated ability to meet schedules or deadlines. 0-10 h. Demonstrated ability to complete projects without having major cost escalations or overruns.
0-7
i. Qualifications and experience of outside consultants regularly engaged by the consultant under consideration.
0-10
j. Quality of project previously undertaken. 0-10
k. Familiarity with and proximity to the geographic location of the project. 0-5 l. Capability of a branch office, which will do the work to perform independently of the home office, or conversely, its capability to obtain necessary support from the home office.
0-3
m. Demonstration of an understanding of the project’s potential problems and the City’s special concerns.
0-5
n. Degree of interest shown in undertaking the project. 0-3 o. Evidence that consultant is an equal opportunity employer. 0-2 p. Proximity of firm’s office to project. 0-3
TOTAL SCORE:

RANKING:

P:\pubworks\Templates\COP Forms\Consultant Selection Rating Form.doc Highest Possible Score = 100 I
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Local Assistance Procedures Manual EXHBIT 10-R
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Exhibit 10-R: A&E BOILERPLATE AGREEMENT LANGUAGE
(For Local Assistance Federal-aid Projects)

NOTE TO LOCAL AGENCY - BE SURE THAT YOUR LEGAL STAFF REVIEWS AND APPROVES ALL CONSULTANT CONTRACTS BEFORE EXECUTION. THIS AGREEMENT LANGUAGE IS RECOMMENDED LANGUAGE, EXCEPT

TITLE VI APPENDICES A-E MUST BE PHYSICALLY INCLUDED, UNMODIFIED, IN THE EXECUTED CONTRACT FOR ALL FEDERAL-AID PROJECTS, REFER TO ARTICLE XXXII. MODIFY AS RECOMMENDED BY YOUR OWN LEGAL STAFF AND TO FIT YOUR PARTICULAR REQUIREMENTS AND PROJECT.

THE FISCAL AND FEDERAL PROVISIONS ARE REQUIRED IN ALL FEDERALLY FUNDED CONTRACTS. THE ORIGINAL INTENT OF THE ARTICLE SHALL REMAIN, IF MODIFIED BY YOUR LEGAL STAFF.

This exhibit contains fiscal requirements from 2 CFR 200 and is to be used for state-only funded contracts as well.

TABLE OF CONTENTS
Page
ARTICLE I INTRODUCTION....................................................................................................................3 ARTICLE II CONSULTANT’S REPORTS OR MEETINGS......................................................................4 ARTICLE III STATEMENT OF WORK .....................................................................................................5 ARTICLE IV PERFORMANCE PERIOD..................................................................................................6 ARTICLE V ALLOWABLE COSTS AND PAYMENTS............................................................................6 ARTICLE VI TERMINATION..................................................................................................................11 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS ...................................11 ARTICLE VIII RETENTION OF RECORD/AUDITS ...............................................................................12 ARTICLE IX AUDIT REVIEW PROCEDURES ......................................................................................12 ARTICLE X SUBCONTRACTING..........................................................................................................14 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES ............................15 ARTICLE XII STATE PREVAILING WAGE RATES..............................................................................16 ARTICLE XIII CONFLICT OF INTEREST..............................................................................................19 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION .......................20

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING ....................................................................................................................................20 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE...................21 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION ..................................................22 ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION .................22 ARTICLE XIX INSURANCE ...................................................................................................................26 ARTICLE XX FUNDING REQUIREMENTS ...........................................................................................27 ARTICLE XXI CHANGE IN TERMS.......................................................................................................27 ARTICLE XXII CONTINGENT FEE........................................................................................................27 ARTICLE XXIII DISPUTES.....................................................................................................................28

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ARTICLE XXIV INSPECTION OF WORK..............................................................................................28 ARTICLE XXV SAFETY.........................................................................................................................28 ARTICLE XXVI OWNERSHIP OF DATA...............................................................................................29 ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR.............29 ARTICLE XXVIII CONFIDENTIALITY OF DATA...................................................................................30 ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION .....................................30 ARTICLE XXX EVALUATION OF CONSULTANT................................................................................31 ARTICLE XXXI PROMPT PAYMENT FROM THE LOCAL AGENCY TO CONSULTANT...................31 ARTICLE XXXII TITLE VI ASSURANCES.............................................................................................31 ARTICLE XXXIII NOTIFICATION...........................................................................................................36 ARTICLE XXXIV CONTRACT................................................................................................................36 ARTICLE XXXV SIGNATURES .............................................................................................................36

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ARTICLE I INTRODUCTION
This AGREEMENT is between the following named, hereinafter referred to as, CONSULTANT and the following named, hereinafter referred to as, LOCAL AGENCY:

The name of the “CONSULTANT” is as follows:
(NAME OF CONSULTANT)
Incorporated in the State of (NAME OF STATE)
The Project Manager for the “CONSULTANT” will be (NAME) The name of the “LOCAL AGENCY” is as follows:
(NAME)
The Contract Administrator for LOCAL AGENCY will be (NAME) B. The work to be performed under this AGREEMENT is described in Article III Statement of Work and the approved CONSULTANT’s Cost Proposal dated (DATE). The approved CONSULTANT’s Cost Proposal is attached hereto (Attachment #) and incorporated by reference. If there is any conflict between the approved Cost Proposal and this AGREEMENT, this AGREEMENT shall take precedence.

C. CONSULTANT agrees to the fullest extent permitted by law, to indemnify, protect, defend, and hold harmless LOCAL AGENCY, its officers, officials, agents, employees and volunteers from and against any and all claims, damages, demands, liability, costs, losses and expenses, including without limitation, court costs and reasonable attorneys’ and expert witness fees, arising out of any failure to comply with applicable law, any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise arising out of the performance of the work described herein, to the extent caused by a negligent act or negligent failure to act, errors, omissions, recklessness or willful misconduct incident to the performance of this AGREEMENT on the part of CONSULTANT, except such loss or damage which was caused by the sole negligence, or willful misconduct of LOCAL AGENCY, as determined by a Court of competent jurisdiction. The provisions of this section shall survive termination or suspension of this AGREEMENT.

D. CONSULTANT in the performance of this AGREEMENT, shall act in an independent capacity. It is understood and agreed that CONSULTANT (including CONSULTANT's employees) is an independent contractor and that no relationship of employer-employee exists between the Parties hereto. CONSULTANT's assigned personnel shall not be entitled to any benefits payable to employees of City.

E. LOCAL AGENCY is not required to make any deductions or withholdings from the compensation payable to CONSULTANT under the provisions of the AGREEMENT, and is not required to issue W-2 Forms for income and employment tax purposes for any of CONSULTANT's assigned personnel. CONSULTANT, in the performance of its obligation hereunder, is only subject to the control or direction of the LOCAL AGENCY as to the designation of tasks to be performed and the results to be accomplished.

F. Any third party person(s) employed by CONSULTANT shall be entirely and exclusively under the direction, supervision, and control of CONSULTANT. CONSULTANT hereby indemnifies and holds LOCAL AGENCY harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this AGREEMENT.

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G. Except as expressly authorized herein, CONSULTANT's obligations under this AGREEMENT are not assignable or transferable, and CONSULTANT shall not subcontract any work, without the prior written approval of the LOCAL AGENCY. However, claims for money due or which become due to CONSULTANT from City under this AGREEMENT may be assigned to a financial institution or to a trustee in bankruptcy, without such approval. Notice of any assignment or transfer whether voluntary or involuntary shall be furnished promptly to the LOCAL AGENCY.

H. CONSULTANT shall be as fully responsible to the LOCAL AGENCY for the negligent acts and omissions of its contractors and subcontractors or subconsultants, and of persons either directly or indirectly employed by them, in the same manner as persons directly employed by CONSULTANT.

I. No alteration or variation of the terms of this AGREEMENT shall be valid, unless made in writing and signed by the parties authorized to bind the parties; and no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.

J. The consideration to be paid to CONSULTANT as provided herein, shall be in compensation for all of CONSULTANT’s expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.

ARTICLE II CONSULTANT’S REPORTS OR MEETINGS
(Choose either Option 1 or Option 2)
(Option 1 - Use paragraphs A & B below for standard AGREEMENTs) A. CONSULTANT shall submit progress reports at least once a month. The report should be sufficiently detailed for the LOCAL AGENCY’s Contract Administrator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator, as needed, to discuss progress on the AGREEMENT.
(Option 2 - Use paragraphs A & B below for on-call AGREEMENTs) A. CONSULTANT shall submit progress reports on each specific project in accordance with the Task Order. These reports shall be submitted at least once a month. The report should be sufficiently detailed for LOCAL AGENCY’s Contract Administrator or Project Coordinator to determine, if CONSULTANT is performing to expectations, or is on schedule; to provide communication of interim findings, and to sufficiently address any difficulties or special problems encountered, so remedies can be developed.

B. CONSULTANT’s Project Manager shall meet with LOCAL AGENCY’s Contract Administrator or Project Coordinator, as needed, to discuss progress on the project(s).

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ARTICLE III STATEMENT OF WORK
(Insert Appropriate Statement of work including a Description of the Deliverables) in the following sections. If a section does not apply to the AGREEMENT, state “Not Applicable to this AGREEMENT.”) A. CONSULTANT Services
Detail based on the services to be furnished should be provided by CONSULTANT. Nature and extent should be verified in the negotiations to make precise statements to eliminate subsequent uncertainties and misunderstandings. Reference to the appropriate standards for design or other standards for work performance stipulated in CONSULTANT AGREEMENT should be included.

Describe acceptance criteria, and if the responsible CONSULTANT/engineer shall sign all Plans, Specifications and Estimate (PS&E) and engineering data furnished under the AGREEMENT including registration number.

Environmental documents are not considered complete until a Caltrans District Senior Environmental Planner signs the Categorical Exclusion, a Caltrans Deputy District Director signs the Finding of No Significant Impact, or the Caltrans District Director signs the Record of Decision (see LAPM Chapter 6: Environmental Procedures, and the Standard Environmental Reference).

B. Right of Way
State whether Right of Way requirements are to be determined and shown by CONSULTANT, whether land surveys and computations with metes and bounds descriptions are to be made, and whether Right of Way parcel maps are to be furnished.

C. Surveys
State whether or not the CONSULTANT has the responsibility for performing preliminary or construction surveys.

D. Subsurface Investigations
State specifically whether or not CONSULTANT has responsibility for making subsurface investigations. If borings or other specialized services are to be made by others under the supervision of CONSULTANT, appropriate provisions are to be incorporated. Archaeological testing and data recovery guidance can be found in the Standard Environmental Reference.

E. Local Agency Obligations
All data applicable to the project and in possession of LOCAL AGENCY, another agency, or government agency that are to be made available to CONSULTANT are referred to in the AGREEMENT. Any other assistance or services to be furnished to CONSULTANT are to be stated clearly.

F. Conferences, Site Visits, Inspection of Work
This AGREEMENT provides for conferences as needed, visits to the site, and inspection of the work by representatives of the LOCAL AGENCY, State, and/or FHWA. Costs incurred by CONSULTANT for meetings, subsequent to the initial meeting shall be included in the fee.

G. Checking Shop Drawings
For AGREEMENTs requiring the preparation of construction drawings, make provision for checking shop drawings. Payment for checking shop drawings by CONSULTANT may be included in the AGREEMENT fee, or provision may be made for separate payment.

H. CONSULTANT Services During Construction

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The extent, if any of CONSULTANT’s services during the course of construction as material testing, construction surveys. etc., are specified in the AGREEMENT together with the method of payment for such services.

I. Documentation and Schedules
AGREEMENTs where appropriate, shall provide that CONSULTANT document the results of the work to the satisfaction of LOCAL AGENCY, and if applicable, the State and FHWA. This may include preparation of progress and final reports, plans, specifications and estimates, or similar evidence of attainment of the AGREEMENT objectives.

J. Deliverables and Number of Copies
The number of copies or documents to be furnished, such as reports, brochures, sets of plans, specifications, or Right of Way parcel maps shall be specified. Provision may be made for payment for additional copies.

ARTICLE IV PERFORMANCE PERIOD
A time must be set for beginning and ending the work under the AGREEMENT. The time allowed for performing the work is specified; it should be reasonable for the kind and amount of services contemplated; and it is written into the AGREEMENT. If it is desirable that Critical Path Method (CPM) networks, or other types of schedules be prepared by CONSULTANT, they should be identified and incorporated into the AGREEMENT.

A. This AGREEMENT shall go into effect on (DATE), contingent upon approval by LOCAL AGENCY, and CONSULTANT shall commence work after notification to proceed by LOCAL AGENCY’S Contract Administrator. The AGREEMENT shall end on (DATE), unless extended by AGREEMENT amendment.

B. CONSULTANT is advised that any recommendation for AGREEMENT award is not binding on LOCAL AGENCY until the AGREEMENT is fully executed and approved by LOCAL AGENCY.

Use paragraph C below in addition to paragraphs A & B above for on-call AGREEMENTs. On-call AGREEMENTs shall be 5 years maximum.

C. The period of performance for each specific project shall be in accordance with the Task Order for that project. If work on a Task Order is in progress on the expiration date of this AGREEMENT, the terms of the AGREEMENT shall be extended by AGREEMENT amendment prior to the expiration of the contract to cover the time needed to complete the task order in progress only. The maximum term shall not exceed five (5) years.

ARTICLE V ALLOWABLE COSTS AND PAYMENTS
(Choose either Option 1, 2, 3, or 4)
(Option 1 - Use paragraphs A through K below for Cost-Plus-Fixed Fee AGREEMENTs. Use Exhibit 10-H1: Cost Proposal Format)
A. The method of payment for this AGREEMENT will be based on actual cost plus a fixed fee. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved CONSULTANT’S Cost Proposal, unless additional reimbursement is provided for by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY’s approved overhead rate set forth in the

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Cost Proposal. In the event, that LOCAL AGENCY determines that a change to the work from that specified in the Cost Proposal and AGREEMENT is required, the AGREEMENT time or actual costs reimbursable by LOCAL AGENCY shall be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I” of this Article shall not be exceeded, unless authorized by AGREEMENT amendment.

B. The indirect cost rate established for this AGREEMENT is extended through the duration of this specific AGREEMENT. CONSULTANT’s agreement to the extension of the 1-year applicable period shall not be a condition or qualification to be considered for the work or AGREEMENT award.

C. In addition to the allowable incurred costs, LOCAL AGENCY will pay CONSULTANT a fixed fee of $(AMOUNT). The fixed fee is nonadjustable for the term of the AGREEMENT, except in the event of a significant change in the scope of work and such adjustment is made by AGREEMENT amendment.

D. Reimbursement for transportation and subsistence costs shall not exceed the rates specified in the approved Cost Proposal.

E. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval for a revised milestone cost estimate from the Contract Administrator before exceeding such cost estimate.

F. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of CONSULTANT’s fixed fee will be included in the monthly progress payments. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT.

G. No payment will be made prior to approval of any work, nor for any work performed prior to approval of this AGREEMENT.

H. CONSULTANT will be reimbursed promptly according to California Regulations upon receipt by LOCAL AGENCY’s Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY including any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice should be submitted within sixty (60) calendar days after completion of CONSULTANT’s work. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
(LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
I. The total amount payable by LOCAL AGENCY including the fixed fee shall not exceed $(Amount).

J. For personnel subject to prevailing wage rates as described in the California Labor Code, all salary increases, which are the direct result of changes in the prevailing wage rates are reimbursable.

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(Option 2 - For Cost per Unit of Work AGREEMENTs, replace paragraphs A & B of Option 1 with the following paragraphs A, B, and C and re-letter the remaining paragraphs. Adjust as necessary for work specific to your project. Use Exhibit 10-H3: Cost Proposal Format).

A. The method of payment for the following items shall be at the rate specified for each item, as described in this Article. The specified rate shall include full compensation to CONSULTANT for the item as described, including but not limited to, any repairs, maintenance, or insurance, and no further compensation will be allowed therefore.

B. The specified rate to be paid for vehicle expense for CONSULTANT’s field personnel shall be $(Amount) per approved Cost Proposal. This rate shall be for fully equipped vehicle(s) specified in Article III Statement of Work, as applicable. The specified rate to be paid for equipment shall be, as listed in the approved Cost Proposal.

C. The method of payment for this AGREEMENT, except those items to be paid for on a specified rate basis, will be based on cost per unit of work. LOCAL AGENCY will reimburse CONSULTANT for actual costs (including labor costs, employee benefits, travel, equipment-rental costs, overhead and other direct costs) incurred by CONSULTANT in performance of the work. CONSULTANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead and other estimated costs set forth in the approved Cost Proposal, unless additional reimbursement is provided for, by AGREEMENT amendment. In no event, will CONSULTANT be reimbursed for overhead costs at a rate that exceeds LOCAL AGENCY approved overhead rate set forth in the approved Cost Proposal. In the event, LOCAL AGENCY determines that changed work from that specified in the approved Cost Proposal and AGREEMENT is required; the actual costs reimbursable by LOCAL AGENCY may be adjusted by AGREEMENT amendment to accommodate the changed work. The maximum total cost as specified in Paragraph “I,” of this article shall not be exceeded unless authorized by AGREEMENT amendment.
(Option 3 - Use paragraphs A through P for Specific Rates of Compensation Agreements [such as oncall Agreements]. This payment method shall only be used when it is not possible at the time of procurement to estimate the extent or duration of the work or to estimate costs with any reasonable degree of accuracy. The specific rates of compensation payment method should be limited to AGREEMENTs or components of AGREEMENTs for specialized or support type services where the CONSULTANT is not in direct control of the number of hours worked, such as construction engineering and inspection. Use Exhibit 10-H2: Cost Proposal Format).

A. CONSULTANT will be reimbursed for hours worked at the hourly rates specified in the CONSULTANT’s approved Cost Proposal. The specified hourly rates shall include direct salary costs, employee benefits, prevailing wages, employer payments, overhead, and fee. These rates are not adjustable for the performance period set forth in this AGREEMENT. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate.

B. In addition, CONSULTANT will be reimbursed for incurred (actual) direct costs other than salary costs that are in the approved Cost Proposal and identified in the approved Cost Proposal and in the executed Task Order.

C. Specific projects will be assigned to CONSULTANT through issuance of Task Orders.

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D. After a project to be performed under this AGREEMENT is identified by LOCAL AGENCY, LOCAL AGENCY will prepare a draft Task Order; less the cost estimate. A draft Task Order will identify the scope of services, expected results, project deliverables, period of performance, project schedule and will designate a LOCAL AGENCY Project Coordinator. The draft Task Order will be delivered to CONSULTANT for review. CONSULTANT shall return the draft Task Order within ten (10) calendar days along with a Cost Estimate, including a written estimate of the number of hours and hourly rates per staff person, any anticipated reimbursable expenses, overhead, fee if any, and total dollar amount. After agreement has been reached on the negotiable items and total cost; the finalized Task Order shall be signed by both LOCAL AGENCY and CONSULTANT.

E. Task Orders may be negotiated for a lump sum (Firm Fixed Price) or for specific rates of compensation, both of which must be based on the labor and other rates set forth in CONSULTANT’s approved Cost Proposal.

CONSULTANT shall be responsible for any future adjustments to prevailing wage rates including, but not limited to, base hourly rates and employer payments as determined by the Department of Industrial Relations. CONSULTANT is responsible for paying the appropriate rate, including escalations that take place during the term of the AGREEMENT.

F. (Local Agency to include either (a) or (b) below; delete the other one) (a) Reimbursement for transportation and subsistence costs shall not exceed State rates. (b) Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. CONSULTANT will be responsible for transportation and subsistence costs in excess of State rates.

G. When milestone cost estimates are included in the approved Cost Proposal, CONSULTANT shall obtain prior written approval in the form of an AGREEMENT amendment for a revised milestone cost estimate from the Contract Administrator before exceeding such estimate.

H. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred.

I. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval or for any work performed prior to approval of this AGREEMENT.

J. A Task Order is of no force or effect until returned to LOCAL AGENCY and signed by an authorized representative of LOCAL AGENCY. No expenditures are authorized on a project and work shall not commence until a Task Order for that project has been executed by LOCAL AGENCY.

K. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Separate invoices itemizing all costs are required for all work performed under each Task Order. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing, or upon completion of the Task Order. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT number, project title and Task Order number. Credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase, must be reimbursed by CONSULTANT prior to the expiration or termination

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of this AGREEMENT. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
(NAME OF LOCAL AGENCY/ NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
L. The period of performance for Task Orders shall be in accordance with dates specified in the Task Order. No Task Order will be written which extends beyond the expiration date of this AGREEMENT.

M. The total amount payable by LOCAL AGENCY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by amendment.

N. If CONSULTANT fails to satisfactorily complete a deliverable according to the schedule set forth in a Task Order, no payment will be made until the deliverable has been satisfactorily completed.

O. Task Orders may not be used to amend the language (or the terms) of this AGREEMENT nor to exceed the scope of work under this AGREEMENT.

P. The total amount payable by LOCAL AGENCY for all Task Orders resulting from this AGREEMENT shall not exceed $ (Amount). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this AGREEMENT through Task Orders.
(Option 4 - Use paragraphs A through E below for lump sum agreements. Use Exhibit 10-H1: Cost Proposal Format)
A. The method of payment for this AGREEMENT will be based on lump sum. The total lump sum price paid to CONSULTANT will include compensation for all work and deliverables, including travel and equipment described in Article III Statement of Work. No additional compensation will be paid to CONSULTANT, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between CONSULTANT and LOCAL AGENCY.

Adjustment in the total lump sum compensation will not be effective until authorized by AGREEMENT amendment and approved by LOCAL AGENCY.

B. Progress payments may be made monthly in arrears based on the percentage of work completed by CONSULTANT. If CONSULTANT fails to submit the required deliverable items according to the schedule set forth in Article III Statement of Work, LOCAL AGENCY shall have the right to delay payment or terminate this AGREEMENT in accordance with the provisions of Article VI Termination.

C. CONSULTANT shall not commence performance of work or services until this AGREEMENT has been approved by LOCAL AGENCY and notification to proceed has been issued by LOCAL AGENCY’S Contract Administrator. No payment will be made prior to approval of any work, or for any work performed prior to approval of this AGREEMENT.

D. CONSULTANT will be reimbursed within thirty (30) days upon receipt by LOCAL AGENCY’S Contract Administrator of itemized invoices in duplicate. Invoices shall be submitted no later than thirty (30) calendar days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone, on each project as applicable. Invoices shall follow the format stipulated for the approved Cost Proposal and shall reference this AGREEMENT

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number and project title. Final invoice must contain the final cost and all credits due LOCAL AGENCY that include any equipment purchased under the provisions of Article XI Equipment Purchase. The final invoice must be submitted within sixty (60) calendar days after completion of CONSULTANT’s work unless a later date is approved by the LOCAL AGENCY. Invoices shall be mailed to LOCAL AGENCY’s Contract Administrator at the following address:
(LOCAL AGENCY/NAME OF CONTRACT ADMINISTRATOR)
(ADDRESS)
E. The total amount payable by LOCAL AGENCY shall not exceed $(Amount).

ARTICLE VI TERMINATION
A. This AGREEMENT may be terminated by LOCAL AGENCY, provided that LOCAL AGENCY gives not less than thirty (30) calendar days’ written notice (delivered by certified mail, return receipt requested) of intent to terminate. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

B. LOCAL AGENCY may temporarily suspend this AGREEMENT, at no additional cost to LOCAL AGENCY, provided that CONSULTANT is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If LOCAL AGENCY gives such notice of temporary suspension, CONSULTANT shall immediately suspend its activities under this AGREEMENT. A temporary suspension may be issued concurrent with the notice of termination.

C. Notwithstanding any provisions of this AGREEMENT, CONSULTANT shall not be relieved of liability to LOCAL AGENCY for damages sustained by City by virtue of any breach of this AGREEMENT by CONSULTANT, and City may withhold any payments due to CONSULTANT until such time as the exact amount of damages, if any, due City from CONSULTANT is determined.

D. In the event of termination, CONSULTANT shall be compensated as provided for in this AGREEMENT. Upon termination, LOCAL AGENCY shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not.

ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost.

B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY.

D. When a CONSULTANT or Subconsultant is a Non-Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.

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ARTICLE VIII RETENTION OF RECORD/AUDITS
For the purpose of determining compliance with Gov. Code § 8546.7, the CONSULTANT, Subconsultants, and LOCAL AGENCY shall maintain all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers, and other evidence pertaining to the performance of the AGREEMENT including, but not limited to, the costs of administering the AGREEMENT. All parties, including the CONSULTANT’s Independent CPA, shall make such workpapers and materials available at their respective offices at all reasonable times during the AGREEMENT period and for three (3) years from the date of final payment under the AGREEMENT and records for real property and equipment acquired with federal funds must be retained for three (3) years after final disposition. LOCAL AGENCY, Caltrans Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the CONSULTANT, Subconsultants, and the CONSULTANT’s Independent CPA, that are pertinent to the AGREEMENT for audits, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished if requested without limitation.

ARTICLE IX AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this AGREEMENT that is not disposed of by AGREEMENT, shall be reviewed by LOCAL AGENCY’S Chief Financial Officer.

B. Not later than thirty (30) calendar days after issuance of the final audit report, CONSULTANT may request a review by LOCAL AGENCY’S Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing.

C. Neither the pendency of a dispute nor its consideration by LOCAL AGENCY will excuse CONSULTANT from full and timely performance, in accordance with the terms of this AGREEMENT.

D. CONSULTANT and subconsultant AGREEMENTs, including cost proposals and Indirect Cost Rates (ICR), may be subject to audits or reviews such as, but not limited to, an AGREEMENT audit, an incurred cost audit, an ICR Audit, or a CPA ICR audit work paper review. If selected for audit or review, the AGREEMENT, cost proposal and ICR and related work papers, if applicable, will be reviewed to verify compliance with 48 CFR Part 31 and other related laws and regulations.

In the instances of a CPA ICR audit work paper review it is CONSULTANT’s responsibility to ensure federal, LOCAL AGENCY, or local government officials are allowed full access to the CPA’s work papers including making copies as necessary. The AGREEMENT, cost proposal, and ICR shall be adjusted by CONSULTANT and approved by LOCAL AGENCY Contract Administrator to conform to the audit or review recommendations. CONSULTANT agrees that individual terms of costs identified in the audit report shall be incorporated into the AGREEMENT by this reference if directed by LOCAL AGENCY at its sole discretion. Refusal by CONSULTANT to incorporate audit or review recommendations, or to ensure that the federal, LOCAL AGENCY or local governments have access to CPA work papers, will be considered a breach of AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

E. CONSULTANT’s Cost Proposal may be subject to a CPA ICR Audit Work Paper Review and/or audit by the Independent Office of Audits and Investigations (IOAI). IOAI, at its sole discretion, may review and/or audit and approve the CPA ICR documentation. The Cost Proposal shall be adjusted by the CONSULTANT and approved by the LOCAL AGENCY Contract Administrator to conform to the Work Paper Review recommendations included in the management letter or audit

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recommendations included in the audit report. Refusal by the CONSULTANT to incorporate the Work Paper Review recommendations included in the management letter or audit recommendations included in the audit report will be considered a breach of the AGREEMENT terms and cause for termination of the AGREEMENT and disallowance of prior reimbursed costs.

1. During IOAI’s review of the ICR audit work papers created by the CONSULTANT’s independent CPA, IOAI will work with the CPA and/or CONSULTANT toward a resolution of issues that arise during the review. Each party agrees to use its best efforts to resolve any audit disputes in a timely manner. If IOAI identifies significant issues during the review and is unable to issue a cognizant approval letter, LOCAL AGENCY will reimburse the CONSULTANT at an accepted ICR until a FAR (Federal Acquisition Regulation) compliant ICR {e.g. 48 CFR Part 31; GAGAS (Generally Accepted Auditing Standards); CAS (Cost Accounting Standards), if applicable; in accordance with procedures and guidelines of the American Association of State Highways and Transportation Officials (AASHTO) Audit Guide; and other applicable procedures and guidelines}is received and approved by IOAI.

Accepted rates will be as follows:
a. If the proposed rate is less than one hundred fifty percent (150%) - the accepted rate reimbursed will be ninety percent (90%) of the proposed rate. b. If the proposed rate is between one hundred fifty percent (150%) and two hundred percent (200%) - the accepted rate will be eighty-five percent (85%) of the proposed rate. c. If the proposed rate is greater than two hundred percent (200%) - the accepted rate will be seventy-five percent (75%) of the proposed rate.

2. If IOAI is unable to issue a cognizant letter per paragraph E.1. above, IOAI may require CONSULTANT to submit a revised independent CPA-audited ICR and audit report within three (3) months of the effective date of the management letter. IOAI will then have up to six (6) months to review the CONSULTANT’s and/or the independent CPA’s revisions.

3. If the CONSULTANT fails to comply with the provisions of this paragraph E, or if IOAI is still unable to issue a cognizant approval letter after the revised independent CPA audited ICR is submitted, overhead cost reimbursement will be limited to the accepted ICR that was established upon initial rejection of the ICR and set forth in paragraph E.1. above for all rendered services. In this event, this accepted ICR will become the actual and final ICR for reimbursement purposes under this AGREEMENT.

4. CONSULTANT may submit to LOCAL AGENCY final invoice only when all of the following items have occurred: (1) IOAI accepts or adjusts the original or revised independent CPA audited ICR; (2) all work under this AGREEMENT has been completed to the satisfaction of LOCAL AGENCY; and, (3) IOAI has issued its final ICR review letter. The CONSULTANT MUST SUBMIT ITS FINAL INVOICE TO LOCAL AGENCY no later than sixty (60) calendar days after occurrence of the last of these items. The accepted ICR will apply to this AGREEMENT and all other agreements executed between LOCAL AGENCY and the CONSULTANT, either as a prime or subconsultant, with the same fiscal period ICR.

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ARTICLE X SUBCONTRACTING
A. Nothing contained in this AGREEMENT or otherwise, shall create any contractual relation between the LOCAL AGENCY and any Subconsultants, and no subagreement shall relieve the CONSULTANT of its responsibilities and obligations hereunder. The CONSULTANT agrees to be as fully responsible to the LOCAL AGENCY for the acts and omissions of its Subconsultants and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the CONSULTANT. The CONSULTANT's obligation to pay its Subconsultants is an independent obligation from the LOCAL AGENCY's obligation to make payments to the CONSULTANT.

B. The CONSULTANT shall perform the work contemplated with resources available within its own organization and no portion of the work shall be subcontracted without written authorization by the LOCAL AGENCY Contract Administrator, except that which is expressly identified in the CONSULTANT’s approved Cost Proposal.

C. Any subagreement entered into as a result of this AGREEMENT, shall contain all the provisions stipulated in this entire AGREEMENT to be applicable to Subconsultants unless otherwise noted.

D. CONSULTANT shall pay its Subconsultants within Fifteen (15) calendar days from receipt of each payment made to the CONSULTANT by the LOCAL AGENCY.

E. Any substitution of Subconsultants must be approved in writing by the LOCAL AGENCY Contract Administrator in advance of assigning work to a substitute Subconsultant.

F. Prompt Progress Payment
CONSULTANT or subconsultant shall pay to any subconsultant, not later than fifteen (15) days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed CONSULTANT on account of the work performed by the subconsultants, to the extent of each subconsultant’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from CONSULTANT or subconsultant to a subconsultant, CONSULTANT or subconsultant may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subconsultant, of 2 percent of the amount due per month for every month that payment is not made.

In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subconsultants.

G. Prompt Payment of Withheld Funds to Subconsultants
The LOCAL AGENCY may hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY, of the contract work, and pay retainage to CONSULTANT based on these acceptances. The LOCAL AGENCY shall designate one of the methods below in the contract to ensure prompt and full payment of any retainage kept by CONSULTANT or subconsultant to a subconsultant. (Choose either Method 1, Method 2, or Method 3 below and delete the other two.)
Method 1: No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. CONSULTANTS and subconsultants are prohibited from holding retainage from

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subconsultants. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant.

This clause applies to both DBE and non-DBE subconsultants.

Method 2: No retainage will be held by the LOCAL AGENCY from progress payments due to CONSULTANT. Any retainage kept by CONSULTANT or by a subconsultant must be paid in full to the earning subconsultant within 15 days after the subconsultant’s work is satisfactorily completed.

Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

Method 3: The LOCAL AGENCY shall hold retainage from CONSULTANT and shall make prompt and regular incremental acceptances of portions, as determined by the LOCAL AGENCY of the contract work and pay retainage to CONSULTANT based on these acceptances. CONSULTANT or subconsultant shall return all monies withheld in retention from all subconsultants within 15 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the LOCAL AGENCY. Any delay or postponement of payment may take place only for good cause and with the LOCAL AGENCY’s prior written approval. Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions, and other remedies specified in Section 3321 of the California Civil Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT; deficient subconsultant performance and/or noncompliance by a subconsultant. This clause applies to both DBE and non-DBE subconsultants.

Any violation of these provisions shall subject the violating CONSULTANT or subconsultant to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to CONSULTANT or subconsultant in the event of a dispute involving late payment or nonpayment by CONSULTANT, deficient subcontract performance, or noncompliance by a subconsultant.

ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES A. Prior authorization in writing by LOCAL AGENCY’s Contract Administrator shall be required before CONSULTANT enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or CONSULTANT services. CONSULTANT shall provide an evaluation of the necessity or desirability of incurring such costs.

B. For purchase of any item, service, or consulting work not covered in CONSULTANT’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by LOCAL AGENCY’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of proposal must be adequately justified.

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C. Any equipment purchased with funds provided under the terms of this AGREEMENT is subject to the following:

1. CONSULTANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, LOCAL AGENCY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, CONSULTANT may either keep the equipment and credit LOCAL AGENCY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established LOCAL AGENCY procedures; and credit LOCAL AGENCY in an amount equal to the sales price. If CONSULTANT elects to keep the equipment, fair market value shall be determined at CONSULTANT’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by LOCAL AGENCY and CONSULTANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by LOCAL AGENCY.

2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project.

ARTICLE XII STATE PREVAILING WAGE RATES
A. No CONSULTANT or Subconsultant may be awarded an AGREEMENT containing public work elements unless registered with the Department of Industrial Relations (DIR) pursuant to Labor Code §1725.5. Registration with DIR must be maintained throughout the entire term of this AGREEMENT, including any subsequent amendments.

B. The CONSULTANT shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. The General Prevailing Wage Rate Determinations applicable to work under this AGREEMENT are available and on file with the Department of Transportation's Regional/District Labor Compliance Officer (https://dot.ca.gov/programs/construction/labor-compliance). These wage rates are made a specific part of this AGREEMENT by reference pursuant to Labor Code §1773.2 and will be applicable to work performed at a construction project site. Prevailing wages will be applicable to all inspection work performed at LOCAL AGENCY construction sites, at LOCAL AGENCY facilities and at off-site locations that are set up by the construction contractor or one of its subcontractors solely and specifically to serve LOCAL AGENCY projects. Prevailing wage requirements do not apply to inspection work performed at the facilities of vendors and commercial materials suppliers that provide goods and services to the general public.

C. General Prevailing Wage Rate Determinations applicable to this project may also be obtained from the Department of Industrial Relations website at http://www.dir.ca.gov.

D. Payroll Records

1. Each CONSULTANT and Subconsultant shall keep accurate certified payroll records and supporting documents as mandated by Labor Code §1776 and as defined in 8 CCR §16000 showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the CONSULTANT or Subconsultant in connection with the public work. Each payroll record shall contain or be

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verified by a written declaration that it is made under penalty of perjury, stating both of the following:
a. The information contained in the payroll record is true and correct. b. The employer has complied with the requirements of Labor Code §1771, §1811, and §1815 for any work performed by his or her employees on the public works project.

2. The payroll records enumerated under paragraph (1) above shall be certified as correct by the CONSULTANT under penalty of perjury. The payroll records and all supporting documents shall be made available for inspection and copying by LOCAL AGENCY representatives at all reasonable hours at the principal office of the CONSULTANT. The CONSULTANT shall provide copies of certified payrolls or permit inspection of its records as follows:
a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or the employee's authorized representative on request. b. A certified copy of all payroll records enumerated in paragraph (1) above, shall be made available for inspection or furnished upon request to a representative of LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. Certified payrolls submitted to LOCAL AGENCY, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards shall not be altered or obliterated by the CONSULTANT.
c. The public shall not be given access to certified payroll records by the CONSULTANT. The CONSULTANT is required to forward any requests for certified payrolls to the LOCAL AGENCY Contract Administrator by both email and regular mail on the business day following receipt of the request.

3. Each CONSULTANT shall submit a certified copy of the records enumerated in paragraph (1) above, to the entity that requested the records within ten (10) calendar days after receipt of a written request.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by LOCAL AGENCY shall be marked or obliterated in such a manner as to prevent disclosure of each individual's name, address, and social security number. The name and address of the CONSULTANT or Subconsultant performing the work shall not be marked or obliterated.

5. The CONSULTANT shall inform LOCAL AGENCY of the location of the records enumerated under paragraph (1) above, including the street address, city and county, and shall, within five (5) working days, provide a notice of a change of location and address.

6. The CONSULTANT or Subconsultant shall have ten (10) calendar days in which to comply subsequent to receipt of written notice requesting the records enumerated in paragraph (1) above. In the event the CONSULTANT or Subconsultant fails to comply within the ten (10) day period, he or she shall, as a penalty to LOCAL AGENCY, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated.

Such penalties shall be withheld by LOCAL AGENCY from payments then due. CONSULTANT is not subject to a penalty assessment pursuant to this section due to the failure of a Subconsultant to comply with this section.

E. When prevailing wage rates apply, the CONSULTANT is responsible for verifying compliance with certified payroll requirements. Invoice payment will not be made until the invoice is approved by the LOCAL AGENCY Contract Administrator.

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F. Penalty

1. The CONSULTANT and any of its Subconsultants shall comply with Labor Code §1774 and §1775. Pursuant to Labor Code §1775, the CONSULTANT and any Subconsultant shall forfeit to the LOCAL AGENCY a penalty of not more than two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of DIR for the work or craft in which the worker is employed for any public work done under the AGREEMENT by the CONSULTANT or by its Subconsultant in violation of the requirements of the Labor Code and in particular, Labor Code §§1770 to 1780, inclusive.

2. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of mistake, inadvertence, or neglect of the CONSULTANT or Subconsultant in failing to pay the correct rate of prevailing wages, or the previous record of the CONSULTANT or Subconsultant in meeting their respective prevailing wage obligations, or the willful failure by the CONSULTANT or Subconsultant to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rates of prevailing wages is not excusable if the CONSULTANT or Subconsultant had knowledge of the obligations under the Labor Code. The CONSULTANT is responsible for paying the appropriate rate, including any escalations that take place during the term of the AGREEMENT.

3. In addition to the penalty and pursuant to Labor Code §1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the CONSULTANT or Subconsultant.

4. If a worker employed by a Subconsultant on a public works project is not paid the general prevailing per diem wages by the Subconsultant, the prime CONSULTANT of the project is not liable for the penalties described above unless the prime CONSULTANT had knowledge of that failure of the Subconsultant to pay the specified prevailing rate of wages to those workers or unless the prime CONSULTANT fails to comply with all of the following requirements:
a. The AGREEMENT executed between the CONSULTANT and the Subconsultant for the performance of work on public works projects shall include a copy of the requirements in Labor Code §§ 1771, 1775, 1776, 1777.5, 1813, and 1815. b. The CONSULTANT shall monitor the payment of the specified general prevailing rate of per diem wages by the Subconsultant to the employees by periodic review of the certified payroll records of the Subconsultant.
c. Upon becoming aware of the Subconsultant’s failure to pay the specified prevailing rate of wages to the Subconsultant’s workers, the CONSULTANT shall diligently take corrective action to halt or rectify the failure, including but not limited to, retaining sufficient funds due the Subconsultant for work performed on the public works project. d. Prior to making final payment to the Subconsultant for work performed on the public works project, the CONSULTANT shall obtain an affidavit signed under penalty of perjury from the Subconsultant that the Subconsultant had paid the specified general prevailing rate of per diem wages to the Subconsultant’s employees on the public works project and any amounts due pursuant to Labor Code §1813.

5. Pursuant to Labor Code §1775, LOCAL AGENCY shall notify the CONSULTANT on a public works project within fifteen (15) calendar days of receipt of a complaint that a Subconsultant has failed to pay workers the general prevailing rate of per diem wages.

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6. If LOCAL AGENCY determines that employees of a Subconsultant were not paid the general prevailing rate of per diem wages and if LOCAL AGENCY did not retain sufficient money under the AGREEMENT to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the CONSULTANT shall withhold an amount of moneys due the Subconsultant sufficient to pay those employees the general prevailing rate of per diem wages if requested by LOCAL AGENCY.

G. Hours of Labor
Eight (8) hours labor constitutes a legal day's work. The CONSULTANT shall forfeit, as a penalty to the LOCAL AGENCY, twenty-five dollars ($25) for each worker employed in the execution of the AGREEMENT by the CONSULTANT or any of its Subconsultants for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code, and in particular §§1810 to 1815 thereof, inclusive, except that work performed by employees in excess of eight (8) hours per day, and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day and forty (40) hours in any week, at not less than one and one-half (1.5) times the basic rate of pay, as provided in §1815.

H. Employment of Apprentices

1. Where either the prime AGREEMENT or the subagreement exceeds thirty thousand dollars ($30,000), the CONSULTANT and any subconsultants under him or her shall comply with all applicable requirements of Labor Code §§ 1777.5, 1777.6 and 1777.7 in the employment of apprentices.

2. CONSULTANTs and subconsultants are required to comply with all Labor Code requirements regarding the employment of apprentices, including mandatory ratios of journey level to apprentice workers. Prior to commencement of work, CONSULTANT and subconsultants are advised to contact the DIR Division of Apprenticeship Standards website at https://www.dir.ca.gov/das/, for additional information regarding the employment of apprentices and for the specific journey-to- apprentice ratios for the AGREEMENT work. The CONSULTANT is responsible for all subconsultants’ compliance with these requirements.

Penalties are specified in Labor Code §1777.7.

ARTICLE XIII CONFLICT OF INTEREST
A. During the term of this AGREEMENT, the CONSULTANT shall disclose any financial, business, or other relationship with LOCAL AGENCY that may have an impact upon the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project. The CONSULTANT shall also list current clients who may have a financial interest in the outcome of this AGREEMENT or any ensuing LOCAL AGENCY construction project which will follow.

B. CONSULTANT certifies that it has disclosed to LOCAL AGENCY any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this AGREEMENT. CONSULTANT agrees to advise LOCAL AGENCY of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this AGREEMENT. CONSULTANT further agrees to complete any statements of economic interest if required by either LOCAL AGENCY ordinance or State law.

C. The CONSULTANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this AGREEMENT.

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D. The CONSULTANT hereby certifies that the CONSULTANT or subconsultant and any firm affiliated with the CONSULTANT or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this AGREEMENT, has established necessary controls to ensure a conflict of interest does not exist.

An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise.

ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSULTANT warrants that this AGREEMENT was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any LOCAL AGENCY employee.

For breach or violation of this warranty, LOCAL AGENCY shall have the right, in its discretion, to terminate this AGREEMENT without liability, to pay only for the value of the work actually performed, or to deduct from this AGREEMENT price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS

FOR LOBBYING
(Include this article in all AGREEMENTs where federal funding will exceed $150,000. If less than $150,000 in federal funds will be expended on the AGREEMENT; delete this article and re-number the subsequent articles.)
A. The CONSULTANT certifies, to the best of his or her knowledge and belief, that:

1. No State, Federal, or LOCAL AGENCY appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any local, State, or Federal agency, a Member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a Member of the Legislature or Congress in connection with the awarding or making of this AGREEMENT, or with the extension, continuation, renewal, amendment, or modification of this AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this AGREEMENT, the CONSULTANT shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. §1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure.

C. The CONSULTANT also agrees by signing this document that he or she shall require that the language of this certification be included in all lower tier subagreements, which exceed one hundred thousand dollars ($100,000), and that all such subrecipients shall certify and disclose accordingly.

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ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. The CONSULTANT’s signature affixed herein and dated shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSULTANT has, unless exempt, complied with the nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

B. During the performance of this AGREEMENT, CONSULTANT and its subconsultants shall not deny the AGREEMENT’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. CONSULTANT and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

C. CONSULTANT and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 et seq.), the applicable regulations promulgated there under (2 CCR §11000 et seq.), the provisions of Gov. Code §§11135-11139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.

D. CONSULTANT shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.

E. CONSULTANT and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.

F. CONSULTANT shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.

G. The CONSULTANT, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.

H. The CONSULTANT shall comply with regulations relative to non-discrimination in federallyassisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR §21.5, including employment practices and the selection and retention of Subconsultants.

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I. CONSULTANT, subrecipient or subconsultant will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, CONSULTANT, subrecipient or subconsultant will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION
A. The CONSULTANT’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT or any person associated therewith in the capacity of owner, partner, director, officer or manager:

1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;

2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;

3. Does not have a proposed debarment pending; and

4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.

B. Any exceptions to this certification must be disclosed to LOCAL AGENCY. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining responsibility. Disclosures must indicate the party to whom the exceptions apply, the initiating agency, and the dates of agency action.

C. Exceptions to the Federal Government excluded parties (https://sam.gov/content/home) maintained by the U.S. General Services Administration are to be determined by FHWA.

ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION A. This project is funded with State funds only so DBE Particpation is not required.

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ARTICLE XIX INSURANCE
(Choose either Option 1 or Option 2)
(Option 1 - for AGREEMENT with a scope of services that may require the CONSULTANT or subconsultant to work within the operating state or Local Agency Highway Right of Way; where there would be exposure to public traffic or construction operations).

A. Prior to commencement of the work described herein, CONSULTANT shall furnish LOCAL AGENCY a Certificate of Insurance stating that there is general comprehensive liability insurance presently in effect for CONSULTANT with a combined single limit (CSL) of not less than one million dollars ($1,000,000) per occurrence.

B. The Certificate of Insurance will provide:

1. That the insurer will not cancel the insured’s coverage without thirty (30) calendar days prior written notice to LOCAL AGENCY.

2. That LOCAL AGENCY, its officers, agents, employees, and servants are included as additional insureds, but only insofar as the operations under this AGREEMENT are concerned.

3. That LOCAL AGENCY will not be responsible for any premiums or assessments on the policy.

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C. CONSULTANT agrees that the bodily injury liability insurance herein provided for, shall be in effect at all times during the term of this AGREEMENT. In the event said insurance coverage expires at any time or times during the term of this AGREEMENT, CONSULTANT agrees to provide at least thirty (30) calendar days prior notice to said expiration date; and a new Certificate of Insurance evidencing insurance coverage as provided for herein, for not less than either the remainder of the term of the AGREEMENT, or for a period of not less than one (1) year. New Certificates of Insurance are subject to the approval of LOCAL AGENCY. In the event CONSULTANT fails to keep in effect at all times insurance coverage as herein provided, LOCAL AGENCY may, in addition to any other remedies it may have, terminate this AGREEMENT upon occurrence of such event.
(Option 2 - for AGREEMENTs with a scope of services that will not require the CONSULTANT or subconsultant to work within the operating state or Local Agency Highway Right of Way where there would be exposure to public traffic or construction CONSULTANT operations).

CONSULTANT is not required to show evidence of general comprehensive liability insurance.

ARTICLE XX FUNDING REQUIREMENTS
A. It is mutually understood between the parties that this AGREEMENT may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the AGREEMENT were executed after that determination was made.

B. This AGREEMENT is valid and enforceable only if sufficient funds are made available to LOCAL AGENCY for the purpose of this AGREEMENT. In addition, this AGREEMENT is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or LOCAL AGENCY governing board that may affect the provisions, terms, or funding of this AGREEMENT in any manner.

C. It is mutually agreed that if sufficient funds are not appropriated, this AGREEMENT may be amended to reflect any reduction in funds.

D. LOCAL AGENCY has the option to terminate the AGREEMENT pursuant to Article VI Termination, or by mutual agreement to amend the AGREEMENT to reflect any reduction of funds.

ARTICLE XXI CHANGE IN TERMS
A. This AGREEMENT may be amended or modified only by mutual written agreement of the parties.

B. CONSULTANT shall only commence work covered by an amendment after the amendment is executed and notification to proceed has been provided by LOCAL AGENCY’s Contract Administrator.

C. There shall be no change in CONSULTANT’s Project Manager or members of the project team, as listed in the approved Cost Proposal, which is a part of this AGREEMENT without prior written approval by LOCAL AGENCY’s Contract Administrator.

ARTICLE XXII CONTINGENT FEE
CONSULTANT warrants, by execution of this AGREEMENT that no person or selling agency has been employed, or retained, to solicit or secure this AGREEMENT upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide

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established commercial or selling agencies maintained by CONSULTANT for the purpose of securing business. For breach or violation of this warranty, LOCAL AGENCY has the right to annul this AGREEMENT without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee.

ARTICLE XXIII DISPUTES
Prior to either party commencing any legal action under this AGREEMENT, the parties agree to try in good faith, to settle any dispute amicably between them. If a dispute has not been settled after forty-five (45) days of good-faith negotiations and as may be otherwise provided herein, then either party may commence legal action against the other.
(Choose either Option 1 or Option 2)
(Option 1 - Use paragraphs A through C below for all AGREEMENTs without PS&E submittal) A. Any dispute, other than audit, concerning a question of fact arising under this AGREEMENT that is not disposed of by agreement shall be decided by a committee consisting of LOCAL AGENCY’s Contract Administrator and (Insert Department Head or Official), who may consider written or verbal information submitted by CONSULTANT.

B. Not later than thirty (30) calendar days after completion of all work under the AGREEMENT, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

C. Neither the pendency of a dispute, nor its consideration by the committee will excuse CONSULTANT from full and timely performance in accordance with the terms of this AGREEMENT.
(Option 2 - Replace Paragraph B, above, with the following for AGREEMENTs requiring the submission of PS&E)
B. Not later than thirty (30) calendar days after completion of all deliverables necessary to complete the plans, specifications and estimate, CONSULTANT may request review by LOCAL AGENCY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.

ARTICLE XXIV INSPECTION OF WORK
CONSULTANT and any subconsultant shall permit LOCAL AGENCY, the State, and the FHWA if federal participating funds are used in this AGREEMENT; to review and inspect the project activities and files at all reasonable times during the performance period of this AGREEMENT.

ARTICLE XXV SAFETY
A. CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. CONSULTANT shall comply with safety instructions issued by LOCAL AGENCY Safety Officer and other LOCAL AGENCY representatives.

CONSULTANT personnel shall wear hard hats and safety vests at all times while working on the construction project site.

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B. Pursuant to the authority contained in Vehicle Code §591, LOCAL AGENCY has determined that such areas are within the limits of the project and are open to public traffic. CONSULTANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CONSULTANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. (Add the following paragraph to all AGREEMENTs, which may require trenching of five feet or deeper) D. CONSULTANT must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in Labor Code §6500 and §6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five (5) feet or deeper.

ARTICLE XXVI OWNERSHIP OF DATA
A. It is mutually agreed that all materials prepared by CONSULTANT under this AGREEMENT shall become the property of City, and CONSULTANT shall have no property right therein whatsoever.

Immediately upon termination, City shall be entitled to, and CONSULTANT shall deliver to City, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and other such materials as may have been prepared or accumulated to date by CONSULTANT in performing this AGREEMENT which is not CONSULTANT’s privileged information, as defined by law, or CONSULTANT’s personnel information, along with all other property belonging exclusively to City which is in CONSULTANT’s possession. Publication of the information derived from work performed or data obtained in connection with services rendered under this AGREEMENT must be approved in writing by City.

B. Additionally, it is agreed that the Parties intend this to be an AGREEMENT for services and each considers the products and results of the services to be rendered by CONSULTANT hereunder to be work made for hire. CONSULTANT acknowledges and agrees that the work (and all rights therein, including, without limitation, copyright) belongs to and shall be the sole and exclusive property of City without restriction or limitation upon its use or dissemination by City.

C. Nothing herein shall constitute or be construed to be any representation by CONSULTANT that the work product is suitable in any way for any other project except the one detailed in this Contract.

Any reuse by City for another project or project location shall be at City’s sole risk.

D. Applicable patent rights provisions regarding rights to inventions shall be included in the contracts as appropriate (48 CFR 27 Subpart 27.3 - Patent Rights under Government Contracts for federalaid contracts).

E. LOCAL AGENCY may permit copyrighting reports or other agreement products. If copyrights are permitted; the AGREEMENT shall provide that the FHWA shall have the royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes.

ARTICLE XXVII CLAIMS FILED BY LOCAL AGENCY’s CONSTRUCTION CONTRACTOR A. If claims are filed by LOCAL AGENCY’s construction contractor relating to work performed by CONSULTANT’s personnel, and additional information or assistance from CONSULTANT’s personnel is required in order to evaluate or defend against such claims; CONSULTANT agrees to make its personnel available for consultation with LOCAL AGENCY’S construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings.

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B. CONSULTANT’s personnel that LOCAL AGENCY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from LOCAL AGENCY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for CONSULTANT’s personnel services under this AGREEMENT.

C. Services of CONSULTANT’s personnel in connection with LOCAL AGENCY’s construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this AGREEMENT in order to resolve the construction claims.

ARTICLE XXVIII CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to LOCAL AGENCY’s operations, which are designated confidential by LOCAL AGENCY and made available to CONSULTANT in order to carry out this AGREEMENT, shall be protected by CONSULTANT from unauthorized use and disclosure.

B. Permission to disclose information on one occasion, or public hearing held by LOCAL AGENCY relating to the AGREEMENT, shall not authorize CONSULTANT to further disclose such information, or disseminate the same on any other occasion.

C. CONSULTANT shall not comment publicly to the press or any other media regarding the AGREEMENT or LOCAL AGENCY’s actions on the same, except to LOCAL AGENCY’s staff, CONSULTANT’s own personnel involved in the performance of this AGREEMENT, at public hearings, or in response to questions from a Legislative committee.

D. CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this AGREEMENT without prior review of the contents thereof by LOCAL AGENCY, and receipt of LOCAL AGENCY’S written permission.
(For PS&E contracts add paragraph F, below, to paragraphs A through E, above) E. All information related to the construction estimate is confidential, and shall not be disclosed by CONSULTANT to any entity, other than LOCAL AGENCY, Caltrans, and/or FHWA. All of the materials prepared or assembled by CONSULTANT pursuant to performance of this Contract are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior written approval of City or except by court order. If CONSULTANT or any of its officers, employees, or subcontractors does voluntarily provide information in violation of this Contract, City has the right to reimbursement and indemnity from CONSULTANT for any damages caused by CONSULTANT releasing the information, including, but not limited to, City’s attorney’s fees and disbursements, including without limitation experts’ fees and disbursements.

ARTICLE XXIX NATIONAL LABOR RELATIONS BOARD CERTIFICATION In accordance with Public Contract Code §10296, CONSULTANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against CONSULTANT within the immediately preceding two-year period, because of CONSULTANT’s failure to comply with an order of a federal court that orders CONSULTANT to comply with an order of the National Labor Relations Board.

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ARTICLE XXX EVALUATION OF CONSULTANT
CONSULTANT’s performance will be evaluated by LOCAL AGENCY. A copy of the evaluation will be sent to CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the AGREEMENT record.

ARTICLE XXXI PROMPT PAYMENT FROM THE LOCAL AGENCY TO CONSULTANT The LOCAL AGENCY shall make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from CONSULTANT on a professional service contract. If the LOCAL AGENCY fails to pay promptly, the LOCAL AGENCY shall pay interest to the contractor, which accrues at the rate of 10 percent per annum on the principal amount of a money judgment remaining unsatisfied. Upon receipt of a payment request, the LOCAL AGENCY shall act in accordance with both of the following:
(1) Each payment request shall be reviewed by the LOCAL AGENCY as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request. (2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to CONSULTANT as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.

ARTICLE XXXII TITLE VI ASSURANCES
APPENDICES A - E of the TITLE VI ASSURANCES
The U.S. Department of Transportation Order No.1050.2A requires all federal-aid Department of Transportation contracts between an agency and a consultant to contain Appendices A and E of the Title VI Assurances. Include Appendices B, C, and D if appliable as shown below. In addition, the consultant must include the Title VI Assurances Appendices A and E, and if applicable Appendices B, C, and D in all subcontracts to perform work under the contract.

The clauses of Appendix B of this Assurance shall be included as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a LOCAL AGENCY.

The clauses set forth in Appendix C and Appendix D of this Assurance shall be included as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the LOCAL AGENCY with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

APPENDIX A
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:

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a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.

Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certify to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONSULTANT’s noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.

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APPENDIX B

CLAUSES FOR DEEDS TRANSFERRING UNITED STATES PROPERTY
The following clauses will be included in deeds effecting or recording the transfer of real property, structures, or improvements thereon, or granting interest therein from the United States pursuant to the provisions of Assurance 4:

NOW THEREFORE, the U.S. Department of Transportation as authorized by law and upon the condition that the recipient will accept title to the lands and maintain the project constructed thereon in accordance with Title 23 U.S.C., the regulations for the administration of the preceding statute, and the policies and procedures prescribed by the FHWA of the U.S. Department of Transportation in accordance and in compliance with all requirements imposed by Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252; 42 U.S.C. § 2000d to 2000d-4), does hereby remise, release, quitclaim and convey unto the recipient all the right, title and interest of the U.S.

Department of Transportation in and to said lands described in Exhibit A attached hereto and made a part hereof.
(HABENDUM CLAUSE)
TO HAVE AND TO HOLD said lands and interests therein unto the recipient and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits and will be binding on the recipient, its successors and assigns. The recipient, in consideration of the conveyance of said lands and interest in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person will on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed [,] [and]* (2) that the recipient will use the lands and interests in lands and interest in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, U.S. Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and Acts may be amended[, and (3) that in the event of breach of any of the abovementioned non-discrimination conditions, the Department will have a right to enter or re-enter said lands and facilities on said lands, and that above described land and facilities will thereon revert to and vest in and become the absolute property of the U.S. Department of Transportation and its assigns as such interest existed prior to this instruction].* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary in order to make clear the purpose of Title VI.)

APPENDIX C

CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED UNDER THE

ACTIVITY, FACILITY, OR PROGRAM
The following clauses will be included in deeds, licenses, leases, permits, or similar instruments entered into by the recipient pursuant to the provisions of Assurance 7(a):

A. The (grantee, lessee, permittee, etc. as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does

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hereby covenant and agree [in the case of deeds and leases add “as a covenant running with the land”] that:

1. In the event facilities are constructed, maintained, or otherwise operated on the property described in this (deed, license, lease, permit, etc.) for a purpose for which a U.S.

Department of Transportation activity, facility, or program is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, lessee, permittee, etc.) will maintain and operate such facilities and services in compliance with all requirements imposed by the Acts and Regulations(as may be amended) such that no person on the grounds of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities.

B. With respect to licenses, leases, permits, etc., in the event of breach of any of the above Nondiscrimination covenants, the recipient will have the right to terminate the (lease, license, permit, etc.) and to enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the (lease, license, permit, etc.) had never been made or issued.* C. With respect to a deed, in the event of breach of any of the above Non-discrimination covenants, the recipient will have the right to enter or re-enter the lands and facilities thereon, and the above described lands and facilities will there upon revert to and vest in and become the absolute property of the recipient and its assigns.* (*Reverter clause and related language to be used only when it is determined that such a clause is necessary to make clear the purpose of Title VI.)

APPENDIX D

CLAUSES FOR CONSTRUCTION/USE/ACCESS TO REAL PROPERTY ACQUIRED UNDER THE

ACTIVITY, FACILITY OR PROGRAM
The following clauses will be included in deeds, licenses, permits, or similar instruments/agreements entered into by the recipient pursuant to the provisions of Assurance 7(b):

A. The (grantee, licensee, permittee, etc., as appropriate) for himself/herself, his/her heirs, personal representatives, successors in interest ,and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add, “as a covenant running with the land”) that (1) no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land, and the furnishings of services thereon, no person on the ground of race, color, or national origin, will be excluded from participation in, denied the benefits or, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) will use the premises in compliance with all other requirements imposed by or pursuant to the Acts and Regulations, as amended, set forth in this Assurance.

B. With respect to (licenses, leases, permits, etc.) in the event of breach of any of the above of the above Non-discrimination covenants, the recipient will have the right to terminate the (license, permits, etc., as appropriate) and to enter or re-enter and repossess said land and the facilities thereon, and hold the same as if said (license, permit, etc., as appropriate) had never been made or issued.*

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C. With respect to deeds, in the event of breach of any of the above Non-discrimination covenants, the recipient will there upon revert to and vest in and become the absolute property of the recipient and its assigns.

APPENDIX E
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the “CONSULTANT”) agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to:

Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), prohibits discrimination on the basis of sex;
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 – 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

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A&E Boilerplate Agreement Language

ARTICLE XXXIII NOTIFICATION
All notices hereunder and communications regarding interpretation of the terms of this AGREEMENT and changes thereto, shall be effected by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows:

CONSULTANT:
(CONSULTANT)
(NAME) ,Project Manager
(ADDRESS)
LOCAL AGENCY:
(LOCAL AGENCY)
(NAME) , Contract Administrator
(ADDRESS)

ARTICLE XXXIV CONTRACT
The two parties to this AGREEMENT, who are the before named CONSULTANT and the before named LOCAL AGENCY, hereby agree that this AGREEMENT constitutes the entire AGREEMENT which is made and concluded in duplicate between the two parties. Both of these parties for and in consideration of the payments to be made, conditions mentioned, and work to be performed; each agree to diligently perform in accordance with the terms and conditions of this AGREEMENT as evidenced by the signatures below.

ARTICLE XXXV SIGNATURES
(Name of LOCAL AGENCY) (Name of CONSULTANT)
(Signature) (Signature)
(Name of Signer) (Name of Signer)
Date: Date:

January 2022

Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H1 COST PROPOSAL Page 1 of 3

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (DESIGN, ENGINEERING AND ENVIRONMENTAL STUDIES)
Note: Mark-ups are Not Allowed ☐ Prime Consultant ☐ Subconsultant ☐ 2nd Tier Subconsultant Consultant __________________________________________________________ Project No. _______________________ Contract No. ____________________ Date ____________________

DIRECT LABOR
Classification/Title Name Hours Actual Hourly Rate Total ____________________________
____________________________
____________________________
____________________________
________
________
________
________

LABOR COSTS
a) Subtotal Direct Labor Costs
b) Anticipated Salary Increases (see page 2 for calculation) _______________
_______________
c) TOTAL DIRECT LABOR COSTS [(a) + (b)] _______________

INDIRECT COSTS
d) Fringe Benefits (Rate: _____ )
f) Overhead (Rate: _____ )
e) Total Fringe Benefits [(c) x (d)] _______________
g) Overhead [(c) x (f)] _______________
h) General and Administrative (Rate: ___ __ ) i) Gen & Admin [(c) x (h)] _______________

FIXED FEE
j) TOTAL INDIRECT COSTS [(e) + (g) + (i)] _______________ k) TOTAL FIXED FEE [(c) + (j)] x fixed fee ______ ] ______________ l) CONSULTANT’S OTHER DIRECT COSTS (ODC) – ITEMIZE (Add additional pages if necessary) Description of Item Quantity Unit Unit Cost Total
l) TOTAL OTHER DIRECT COSTS
m) SUBCONSULTANTS’ COSTS (Add additional pages if necessary) Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:
m) TOTAL SUBCONSULTANTS’ COSTS
n) TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS [(l)+(m)] ___________________ TOTAL COST [(c) + (j) + (k) + (n)] _____________________ NOTES:

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended. Indirect cost rates shall be updated on an annual basis in accordance with the consultant’s annual accounting period and established by a cognizant agency or accepted by Caltrans.

3. Anticipated salary increases calculation (page 2) must accompany.

January 2020
Local Assistance Procedures Manual EXHIBIT 1 0-H1
Cost Proposal
EXHIBIT 10-H 1 COST PROPOSAL Page 2 of 3

COST-PLUS-FIXED FEE OR LUMP SUM OR FIRM FIXED PRICE CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES)

1. Calculate Average Hourly Rate for 1st year of the contract (Direct Labor Subtotal divided by total hours) Direct Labor Total Hours per Avg 5Year
Subtotal per Cost Cost Proposal Hourly Contract
Proposal Rate Duration
$250,000.00 500 = $50.00 Year 1 Avg
Hourly Rate

2. Calculate hourly rate for all years (Increase the Average Hourly Rate for a year by proposed escalation%) Avg Hourly Rate Proposed Escalation
Year 1 $50.00 + 2% = $51.00 Year 2 Avg Hourly Rate
Year 2 $51.00 + 2% = $52.02 Year 3 Avg Hourly Rate
Year 3 $52.02 + 2% = $53.06 Year 4 Avg Hourly Rate
Year 4 $53.06 + 2% = $54.12 Year 5 Avg Hourly Rate

3. Calculate estimated hours per year (Multiply estimate% each year by total hours) Estimated % Completed Total Hours per Cost Total Hours per Each Year Proposal Year
Year 1 20.0% 5000 = 1000 Estimated Hours Year 1
Year 2 400% 5000 = 2000 Estimated Hours Year 2
Year 3 15.0% 5000 = 750 Estimated Hours Year 3
Year 4 15.0% 5000 = 750 Estimated Hours Year 4
Years 100% 5000 = 500 Estimated Hours Year 5
Total 100% Total = 5000

4. Calculate Total Costs including Escalation (Multiply Average Hourly Rate by the number of hours) Avg Hourly Rate Estimated hours Cost per
(calculated above) (calculated above) Year
Year 1 $50.00 1000 = $50,000.00 Estimated Hours Year 1
Year 2 $51.00 2000 = $102,000.00 Estimated Hours Year 2 Year 3 $52.02 750 = $39,015.00 Estimated Hours Year 3
Year 4 $53.06 750 = $39,795.30 Estimated Hours Year 4
Years $54.12 500 = $27,060.80 Estimated Hours Year 5
Total Direct Labor Cost with Escalation = $257,871.10
Direct Labor Subtotal before Escalation = $250,000.00
Estimated total of Direct Labor Salary = Transfer to Page 1 Increase $7,871.10
NOTES:

1. This is not the only way to estimate salary increases. Other methods will be accepted if they clearly indicate the % increase, the# of years of the contract, and a breakdown of the labor to be performed each year.

2. An estimation that is based on direct labor multiplied by salary increase % multiplied by the# of years is not acceptable.
(i e. $250,000 x 2% x 5 yrs= $25,000 is not an acceptable methodology)

3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted.

4. Calculations for anticipated salary escalation must be provided.

January 2020

Local Assistance Procedures Manual EXHIBIT 10-H1
Cost Proposal
EXHIBIT 10-H 1 COST PROPOSAL Page 3 of 3
Certification of Direct Costs:

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

1. Generally Accepted Accounting Principles {GAAP)

2. Terms and conditions of the contract

3. Title 23 United States Code Section 112 - Letting of Contracts

4. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

6. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board {when applicable)
All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements.

Costs that are noncom pliant with the federal and state requirements are not eligible for reimbursement.

Local governments are responsible for applying only cognizant agency approved or Caltrans accepted Indirect Cost Rate{s).

Prime Consultant or Subconsultant Certifying:

Name: ______________ _ Title*:

Signature: ______ _____ _ _ Date of Certification {mm/dd/yyyy): ____ _ Email: _____ _______ _ Phone Number:

Address: ________________________________ _
*An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List services the consultant is providinq under the proposed contract:

January 2020
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 1 of3

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Note: Mark-ups are Not Allowed
Consultant _________________ _ D Prime Consultant D Subconsultant D 2nd Tier Subconsultant Project No. _________ _ Contract No. -------- Participation Amount $ _______ _ Date ---- For Combined Rate
Fringe Benefit% + General &Administrative% = Combined ICR% OR
For Home Office Rate
Fringe Benefit % + General &Administrative% = Home Office ICR% For Field Office Rate
Frinqe Benefit % + General &Administrative% = Field Office ICR% Fee = %

BILLING INFORMATION CALCULATION INFORMATION
Name/Job Title/Classification 1 Hourly Billing Rates2
Straight3 OT(1.5x) OT(2x)
Effective Date of Hourly Rate
From To
Actual or Avg.

Hourly Rate4
% or$
Increase
Hourly Range -
for Classifications Only
John Doe - Project Manager*
Civil Engineer II
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
01/01/2016
01/01/2017
01/01/2018
12/31/2016
12/31/2017
12/31/2018
$0.00
$0.00
$0.00

0.0%

0.0%
Not Applicable
Sue Jones- Construction
Engineeri1nspector
Engineer I
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
01/01/2016
01/01/2017
01/01/2018
12/31/2016
12/31/2017
12/31/2018
$0.00
$0.00
$0.00

0.0%

0.0%
Not Applicable
Buddy Black - Claims Engineer
Engineer Ill
Land Surveyor **
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
01/01/2016
01/01/2017
01/01/2018
01/01/2016
01/01/2017
01/01/2018
12/31/2016
12/31/2017
12/31/2018
12/31/2016
12/31/2017
12/31/2018
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

0.0%

0.0%

0.0%

0.0%
Not Applicable
$00-$00
$00-$00
$00-$00
Technician $0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
01/01/2016
01/01/2017
01/01/2018
12/31/2016
12/31/2017
12/31/2018
$0.00
$0.00
$0.00

0.0%

0.0%
$00-$00
$00-$00
$00-$00
(Add pages as necessary)

January 2020
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
NOTES:

1. Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks ( **).All costs
must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.

2. The cost proposal format shall not be amended.

3. Billing rate= actual hourly rate * (1 + ICR) * (1 + Fee). Indirect cost rates shall be updated on an annual basis in accordance with the consultants annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement.

4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that classification.

EXHIBIT 10-H2 COST PROPOSAL Page2ot3

SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
Consultant __________________ _ □ Prime Consultant □ Subconsultant Project No. __________ _ Contract No. ----------- Date ________ _ SCHEDULE OF OTHER DIRECT COST ITEMS (Add additional pages as necessary) Description of Item Quantity Unit Unit Cost Total
Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:

Subconsultant 5:

Note: Add additional pages if necessary.

NOTES:

1. List other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation.

2. Proposed ODC items should be consistently billed regardless of client and contract type.

3. Items when incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate.

4. Items such as special tooling, will be reimbursed at actual cost with supporting documentation (invoice).

5. Items listed above that would be considered "tools of the trade" are not reimbursable as other direct cost

6. Travel related costs should be pre-approved by the contracting agency and shall not exceed current State Department of Personnel Administration rules.

January 2020
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal

7. If mileage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the miles claimed should be supported by mileage logs.

8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for all of their contracts and that they do not own any vehicles that could be used for the same purpose.

9. The cost proposal format shall not be amended. All costs must comply with the Federal cost principles.

10. Add additional pages if necessary.

11. Subconsultants must provide their own cost proposals.

January 2020
Local Assistance Procedures Manual EXHIBIT 10-H2
Cost Proposal
EXHIBIT 10-H2 COST PROPOSAL Page 3 of 3
Certification of Direct Costs:

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

7. Generally Accepted Accounting Principles (GAAP)

8. Terms and conditions of the contract

9. Title 23 United States Code Section 112 - Letting of Contracts

10. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

11. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

12. 48 Code of Federal Regulations Part 9904 - Cost Accounting Standards Board (when applicable)
All costs must be applied consistently and fair1y to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements.

Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Prime Consultant or Subconsultant Certifying:

Name: ______________ _ Title*: ______________ _
Signature: _____________ _ Date of Certification (mm/dd/yyyy):

Email: _______________ Phone Number: ___________ _
Address:________________________________ _
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List services the consultant is providing under the proposed contract:

January 2020
Local Assistance Procedures Manual EXHBIT 10-H3
Cost Proposal
EXHIBIT 10-HJ COST PROPOSAL Page 1 of 2

COST PER UNIT OF WORK CONTRACTS
(GEOTECHNICAL AND MATERIAL TESTING)
Note: Mark-ups are Not Allowed □ Prime Consultant □ Subconsultant □ 2nd Tier Subconsultant Consultant __________________ _
Project No. _________ _ Contract No. --------- Date ------- Unit/Item of Work:
(Example: Log of Test Boring for Soils Report, or ADL Testing for Hazardous Waste Material Study} Include as many Items as necessary.

DIRECT LABOR Hours Billing Hourly Rate {$) Total{$)
Professional {Classification)*
Sub-professional/Technical**
EQUIPMENT 1 {with Operator)
EQUIPMENT 2 {with Operator)
Consultant's Other Direct Costs (ODC)- Itemize:

Description of Item Quantity Unit Unit Cost Total
Subconsultant 1:

Subconsultant 2:

Subconsultant 3:

Subconsultant 4:

Subconsultant 5:

Nole: Attach addtllonal pages if necessary.

TOTAL COST PER UNIT OF WORK
NOTES:
1 . Key personnel must be marked with an asterisk (*) and employees that are subject to prevailing wage requirements must be marked with two asterisks (
**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. The cost proposal format shall not be amended.

2. Hourly billing rates should include prevailing wage rates and be consistent with publicly advertised rates charged to all clients (Commercial, Private or Public).

3. Mobilization/De-mobilization is based on site location and number and frequency of tests/items.

4. ODC items shall be based on actual costs and supported by historical data and other documentation.

5. ODC items that would be considered "tools of the trade' are not reimbursable.

6. Billing Hourly Rates must be actual, allowable, and reasonable.

January 2020
_ _
Local Assistance Procedures Manual EXHBIT 10-H3
Cost Proposal
EXHIBIT 10-H3 COST PROPOSAL Page 2 of 2
Certification of Direct Costs:

I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal{s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements:

13. Generally Accepted Accounting Principles {GAAP)

14. Terms and conditions of the contract

15. Title 23 United States Code Section 112 - Letting of Contracts

16. 48 Code of Federal Regulations Part 31 - Contract Cost Principles and Procedures

17. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service

18. 48 Code of Federal Regulation Part 9904 - Cost Accounting Standards Board {when applicable)
All costs must be applied consistently and fair1y to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable federal and state requirements.

Costs that are noncompliant with the federal and state requirements are not eligible for reimbursement.

Prime Consultant or Subconsultant Certifying:

Name: ______________ _ Title*: ______________ _
Signature: _____________ _ Date of Certification {mm/dd/yyyy....____ : _ Email: ______________ Phone Number,_,_: ___________
Address: ________________________________ _
* An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract.

List services the consultant is providinq under the proposed contract:

January 2020
Item No. 6.

CITY COUNCIL AGENDA – FEBRUARY 1, 2022
SUBJECT: Authorization to Distribute Request for Qualifications - Materials Testing SOURCE: Engineering and Project Management
COMMENT: Almost all capital improvement projects administered by the City require materials testing and/or field observation services by individuals and/or firms specifically certified to conduct said services. There are times when the full extent of the types or extent of these services needed on a project may change based on the conditions found once construction begins.

In an effort to expedite the process of procuring materials testing and field observation services for each project when needed and to provide flexibility in this process when unknown conditions are discovered, staff has prepared a Request for Qualifications (RFQ) for these services in order to develop an oncall list of qualified professionals and/firms that staff can readily utilize.

Individuals and/or firms interested in providing materials testing field observation services shall submit a statement of qualifications that complies with the RFQ that will be rated by a selection panel. Qualified individuals/firms will be asked to submit a fee schedule for their services.

Staff will present the proposed list of individuals/firms for final Council approval once staff review is complete.

RECOMMENDATION: That City Council authorize staff to distribute a Request for Qualifications for On-Call Materials Testing.

ATTACHMENTS: 1. Draft Request for Qualifications
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager

CITY OF PORTERVILLE, CALIFORNIA

REQUEST FOR QUALIFICATIONS
Materials Testing Services

ON CALL SERVICES
Valid for 5 Years from Date of Award
PREPARED BY:

ENGINEERING & PROJECT MANAGEMENT DEPARTMENT
February 2022
REVIEWED BY: APPROVED BY:
______________________________ ___________________________ Daniel Cervantez Javier Sanchez, Jr.

City Engineer Eng. & Project Management Dir.

I Introduction and Objectives:

The City of Porterville (hereinafter referred to as ''CITY'') is requesting proposals to establish a list of competent consultants to provide on-call materials testing and field observation services for multiple Capital Improvement Projects through task orders on an as-needed basis.

II Examination of Proposal Documents:

By submitting a proposal, each consultant represents that it has thoroughly examined and become familiar with the work required under this RFP and that it is capable of performing quality work to achieve the objectives of CITY.

III Addenda/Clarifications:

Any CITY changes to this RFP will be made by written addendum. No verbal modification/sshall be binding.

IV Proposal Requirements:

Proposals for this project will be accepted at this office until 4:00 p.m., on Tuesday, March 8, 2022. Three (3) copies of the proposal shall be submitted in a sealed envelope, plainly marked “On-Call Materials Testing Services Proposal for the City of Porterville.” Cost proposals shall not be submitted until requested by the CITY. Proposals shall be addressed to:

Daniel Cervantez, City Engineer
Engineering & Project Management Department
City of Porterville
291 N. Main Street
Porterville, CA 93257
The City reserves the right to reject any and all proposals, which do not meet the requirements of this RFP and/or any portion of the requirements of this project.

V Pre-Contractual Expenses:

Pre-contractual expenses are defined as expenses incurred by the consultant in:
1) Preparing and reproducing its proposal in response to this RFP; 2) Submitting its proposal to CITY; 3) Negotiating with CITY any matter related to this RFP and consultant's proposal; 4) Other matters prior to the date of award of a Contract.

CITY shall not be liable for any pre-contractual expenses incurred by consultants in the preparation of proposals. Pre-contractual expenses shall not be included in the fee proposal.

VI Exceptions/Deviations:

Any exceptions to the requirements of this RFP must be included in the consultant's proposal. Such exceptions must be included as a separate element of the proposal entitled “Exceptions and Deviations”.

VII Consultant's Representative:

The consultant shall assign a responsible representative and an alternate, both of whom shall be identified in the proposal. The consultant's representative shall remain in responsible charge for the duration of the on-call services. Should the consultant's primary representative be unable to continue with the services, the consultant's alternate representative shall become the primary representative.No personnel changes will be acceptable without prior approval by CITY. CITY reserves the right to reject any changes in personnel at any time during the course of the on-call services.

CITY also reserves the right to terminate the contract if, in the opinion of CITY, substantial changes in project management may jeopardize the successful completion of the on-call servicesto the satisfaction of CITY.

VIII Local Agency Representation:

Daniel Cervantez, City Engineer, shall be project manager and contact person for all communications with CITY.

Fabian Mendoza, Construction Project Manager, shall be the City’s alternate representative in this matter.

IX Insurance Requirements:

The CONSULTANT shall maintain and provide current copies to CITY of the following minimum insurance coverage for the duration of this project:
 Full liability under Worker’s Compensation laws of the State of California  General comprehensive liability (bodily injury and property damage)*  Professional liability insurance (errors and omissions)*  Automotive liability Insurance*
*All must provide a combined single limit (CSL) of not less than $2 million per occurrence.

X Indemnification:

The consultant shall indemnify, defend, and hold harmless CITY, its elected and appointed officers, employees agents from and against any and all claims, including attorney's fees and reasonable expenses for litigation or settlement, for any loss, damages, bodily injuries, and loss of property caused by negligent acts, omissions, or willful misconduct by the successful consultant and its sub-consultants arising out of performance of the requirements of the Contract.

XI Subcontracting:

Only those firms identified in the Contract as subcontractors or sub-consultants shall be allowed to perform work for the on-call services. Any amendments to this requirement shall be made in writing by prime consultant to CITY. CITY has the right to reject any requested amendments at any time during the course of the on-call services contract.

XII Federal, State, and Local Laws:

The consultant shall comply with all federal, state, and local laws, rules, regulations, ordinances, and statutes. Adherence to all Federal and State processes regarding preparation of geotechnical pavement investigation reports and accompanying documents shall be maintained.

XIII PROPOSAL EVALUATION CRITERIA:

Evaluation criteria used to select the CONSULTANT shall include, but not be limited to, the following:

A. Firm(s) experience with similar on-call services;
B. Firm(s) key personnel qualifications/certifications and experience, especially the project manager and individuals performing services;
C. Firm(s) understanding of the on-call servicesrequirements; D. Firm(s) ability to provide the required services in a timely and cost-effective manner to meet the required schedule;
E. Firm(s) policy in providing Equal Employment Opportunity; and F. Firm(s) approach to provide the best product for CITY.

The attached CITY’S Consultant Selection Rating Form shall be used to rate each firm.

XIV CONSULTANT SELECTION AND INTERVIEWS:

CITY selection committee, consisting of the Contract Administrator and at least two additional staff members familiar with the project requirements, will review all proposals and rank CONSULTANTs according to their demonstrated competence and professional qualifications as assessed by their response to this RFQ and the evaluation criteria contained in the CITY’S Consultant Selection Rating Form. The highest ranked CONSULTANT(s) may be invited for oral interviews with CITY team. Interviews, if deemed necessary by CITY, are tentatively scheduled for the third week of March 2022.

Each participating firm will be contacted via telephone for verification of interview date and time. Failure to be available at the time of a scheduled interview shall be considered non-responsive and shall be cause for elimination from any further consideration. CITY reserves the right to begin negotiations and enter into a Contract without interviews or further discussion.

XV COST PROPOSAL:

The cost proposal shall not be submitted until requested by the CITY. Negotiations with the top-ranked candidate(s) may begin immediately. If an agreement cannot be reached within ten (10) working days, CITY may begin negotiations with the next selected candidate(s) and proceed. If necessary, this process will continue until either an agreement is reached or CITY elects to re-advertise for new proposals. CITY reserves the right to reject any and all proposals prior to award of a Contract. All cost proposals not opened shall be returned to their respective firms.

XVI CONTRACTS/AGREEMENTS:

The successful CONSULTANTs shall enter into upcoming Contracts with CITY that are based on the contents of this RFQ, the CONSULTANT's proposal, and CITY Contract.

Where two or more CONSULTANTs desire to submit a single proposal (joint venture), only one CONSULTANT shall be listed as prime CONSULTANT. All others shall be listed as sub-consultants. The list of chosen on-call CONSULTANTs is expected to be presented at the City Council meeting scheduled for Tuesday, March 15, 2022, or the City Council meeting scheduled for Tuesday, April 5, 2022. Issuance of this RFQ and receipt of proposals does not commit CITY to award a Contract. CITY reserves the right to postpone award of a Contract for its own convenience, accept or reject any or all proposals received in response to this RFQ, negotiate with any CONSULTANT on the chosen on-call list, and cancel any or all portions of this RFQ and resulting Contract. CITY also reserves the right to award individual or groups of projects to different firms at the sole discretion of CITY.

XVII COMPENSATION:

A. All items of work required for completion of the projects to result from this RFQ shall be paid for following the cost proposal formats of Caltrans’ LAPM Chapter

10. Costs for any and all items not specifically listed, but required to complete the work for projects (including all exceptions and deviations stated included in CONSULTANT's proposal), shall be included as part of the total cost proposed. No additional compensation shall be paid for such items. No additional compensation shall be given for any reproduction costs, except those in excess of the requirements stated in this RFQ. Only a change in scope or any significant task addition or increase shall receive consideration for additional compensation.

B. lf the CONSULTANT feels that any work it has been directed to perform is beyond the scope of the Contract and constitutes extra work, it shall notify CITY in writingwithin ten (10) days. CITY will review such notice and, if justified, authorize additional compensation to the CONSULTANT on a fair and equitable basis.

C. Monthly progress payments will be made to the CONSULTANT only upon submittal of invoices to CITY. Said invoice shall indicate the percentage completion of each task, as well as the overall percentage completion of the entire project contract. In addition, an updated schedule showing tasks and their degree of completion shall be provided.

XVIII OWNERSHIP OF REPORTS AND DOCUMENTS:

Originals of all documents, letters, drawings, design calculations, estimates, specifications, and other documents and data produced under the terms of the Contract shall become the property of CITY. CITY shall retain all rights in copyright. Copies may be made and retained by the CONSULTANT for its records, but shall not be furnished to others without the written consent of CITY for a period of three (3) years from the date of acceptance, by CITY, of all requirements of this project.

XIX PROPOSAL FORMAT AND CONTENT:

Proposals shall be brief and include a concise address of the following information:

A. Firm Experience:

1. A brief list of similar projects completed in the last five (5) years, indicate the specific relationship if other than principal and each firm's responsibilities. Descriptions of pertinent experience should include a summary of work performed, adherence to schedules, the duration of each project, and the name, title, and phone number of clients that may be contacted for reference.

2. Other information that might aid CITY in ascertaining proposing firm's qualifications.

B. Consultant Team:

Name of prime consulting firm, sub-consultant(s), names of principals, associates, project manager, and key personnel, their proposed level and areas of responsibility, and their qualifications/certifications in those areas. The CONSULTANT's Project Manager and key personnel will be an important factor considered by CITY.

1. Any changes to personnel assigned to this project shall be made in writing to CITY. CITY reserves the right to reject any proposal with modified personnel.

2. If sub-consultants are used, names of sub-consultant key personnel for the project, their professional experience, qualifications/certifications, and training, which are applicable to this project, and the scope of services that will be provided by each sub-consultant.

3. The office location from which the CONSULTANT(s) shall operate along with telephone and/or cell number of the project manager.

C. Proposal Format:

1. Proposals shall contain no more than twenty (20) pages, excluding cover sheet, table of contents, index sheets, and resumes, double-sided, font size no less than 10 pt., and single or double-spaced. Cover letters will be counted as part of the twenty sheets. The City encourages the use of recycled materials.

2. Proposals should include, but not be limited to, the following:
a. Page numbering;
b. Table of Contents, if applicable;
c. Section dividers with tabs, if applicable;
d. Identification of offering firms, including name, address, and telephone number of each firm;
e. Prime CONSULTANT organizational chart, which includes subconsultant(s) with names and titles of personnel to be used for this project;
f. Acknowledgment of receipt of RFQ addenda, if any;
g. Concise, complete response to the technical aspects requested in the “On-Call Material Testing Services Consultant Qualifications and Selection Criteria”; and
h. Exceptions to or deviations from the requirements of this RFQ, separating technical exceptions from contractual exceptions. Any alternative approach proposed by the CONSULTANT shall be thoroughly explained and shall meet the objectives of CITY.

CITY OF PORTERVILLE
REQUEST FOR QUALIFICATIONS FOR MATERIALS TESTING SERVICES – ON CALL SERVICES The City of Porterville (hereinafter referred to as “CITY”) is requestingproposalsfor On-Call Materials Testing Services and Field Observation Services for Capital Improvement projects located within Porterville, CA.

This document identifies the general project scope and procedures for Consultant SCOPE OF SERVICES:

The City of Porterville is seeking the services of a qualified material testing representative and laboratory to assist in verification that appropriate materials are being utilized for Capital Improvement projects. Testing and inspection is to be completed in accordance with applicable City Standard Plans, Greenbook Specifications, Caltrans Standards, City of Porterville’s Quality Assurance Program, and project Plans and Specifications. Duties include, but are not limited to, the following:
● Reviewing Plans and Specifications for a project to become thoroughly familiar with them as they apply to the material to be inspected and field observations to be completed.
● Provide all necessary field documentation associated with the preparation of federal paperwork for compliance with the requirements of the Caltrans Local Assistance Procedures Manual. ● Field observation and compaction testing during subgrade preparation for pavement and/or concrete. Including roadway subgrade and utility trench backfill.
● Field observations and reportingof concrete placement. Concrete slump test, air-entrainment test and concrete cylinder test for curb, gutter, sidewalk, andmedian concrete construction.One test shall be taken by the greater of every day or every 50 cy or for every structure of concrete placed. See project manual for details and testing specifications. ● Field observation and compaction testing during all asphalt concrete paving operations.
● Batch plant inspection and sampling during the asphalt concrete production phase.
● Laboratory testing of applicable and appropriate materials used during all stages of construction including, but not limited to, extraction, stability, unit weight, gradation, maximum density test, and sand equivalent/gradation.
● Laboratory testing of concrete materials used, including but not limited to concrete compressive strength test at 7, 14 and 28 day strength. ● Material testing agents shall prepare and submit daily written reports with copies for City staff and the job superintendent. Reports shall be emailed as a PDF to the city representative/s at
[email protected] and [email protected] .● At the conclusion of construction, preparation of a Final Inspection Report that details a professional opinion of the inspection and testing performed shall be submitted. This report shall detail and summarize the construction activities, conditions, and results of all tests and inspections.

Final inspections and testing report shall be printed and submitted to the CITY representative. Final report shall also be emailed as a PDF to the CITY representative at [email protected] and [email protected]
INFORMATION PROVIDED BY CITY:

1. Task Order/Contract for Specific Projects

2. Project plans and specifications

3. CITY Quality Assurance Program
MEETINGS:

The consultant shall be available to meet with the CITY team to present and discuss material testing issues, obtain feedback and coordinate any other projectrelated issues.

QUALITY CONTROL/QUALITY ASSURANCE:

Allsubmittals (calculations, reports and associated documents) shall include evidence of quality control and quality assurance (QC/QA) reviews. The Consultant will be required to submit a QC/QA program to the CITY team for review and approval. Major reviews and procedures shall be identified which are specific for this project,
DELIVERABLES:

At the close of the project,the consultant shall provide the City with all project related documentation including but not limited to the items listed in the scope of work (bullet items).

Documents may be emailed to the CITY representative.

SCHEDULE:

The proposal phase schedule is as follows:

City releases RFP for On-Call Material Testing Services.………….February 5, 2022 Consultant Proposal Due..………….………………………………………………March 8, 2022 Consultant interviews (if deemed necessary)………………3rd week of March 2022 City Council awards contract………….(tentative) March 15, 2022 or April 5, 2022 Estimated start of On Call Services Contract…….…......………Upon Council Award

PROPOSAL EVALUATION CONSIDERATIONS
The written proposals for services shall be evaluated on the following six categories of consideration:

A. Project Approach and Schedule:

Proposals will be evaluated taking the following into consideration:As presented in the proposal, does the firm seem to understand the requirements of the on-call services? Has the firm clearly presented how it would complete the on-call services?Has the firm suggested innovative ideas? Has the firm pointed out areas of concern and potential solutions based on its experience? Has the firm proposed an on-call services response schedule that meets the CITY'S needs and is achievable? B. Experience and-Qualifications of the Project Manager:

Proposals will be evaluated taking the following into consideration in regards to experience and qualifications of the Project Manager: Does the proposal indicate that the Project Manager has the necessary experience? Does the Project Manager possess other qualifications valuable for this project?
C. Experience of the Firm and other project Team Members:

Proposals will be evaluated taking the following into consideration in regards to experience and qualifications of the Firm and Team Members: Does the proposal indicate that the firm and, more particularly, the other team members have the necessary experience and certifications for their designated project task? D. Time Commitment of Key Staff:

The time commitment of key staff will be evaluated taking the following into consideration: How many man-hours are key staff committing to the project/s? Are they or junior staff doing a significant amount of the work? Do the proposal property assign staff based on the complexity of the tasks that may be warranted on different project types? I.e. , a complex study will require a greater percentage of key or senior staff time than a less complex project.

E. Record of Success on Recent Similar Projects:

The record of success of a firm will be evaluated based on the references provided in the proposal and the following details garnered from those contacts: In communicating with other agencies for whom the proposing firm and project team have worked, have they completed similar on-call services on time and on budget? Has the project manager been able to work successfully with other clients? Would the references use the firm or project manager again?
PROPOSED EVALUATION PROCESS:

The City of Porterville Consultant Selection Rating Form shall be used to evaluate the proposals in addition to the items stated above. Additional consideration shall be given to the firms based upon experience in years and certifications of individuals performing tests.

The proposals will be reviewed by a committee of City staff. The committee will consist of the Project Manager under whom the work will be funded, and other City staff as directed by the Engineering and Project Management Director.

An example Consultant Selection Rating Form follows. Each reviewer will independently evaluate each proposal. The reviewers will compare and discuss their evaluations. The evaluation score of each firm will be the combined score of the reviewers.

The proposing firms will be ranked using the above process, without consideration of the oncall servicesfee. This is accomplished by fees only being submitted for negotiation once an individual/firm has been identified as qualified for the on-call list. Staff will review the evaluation score and the proposed fee for each of the identified firms and present these with a recommendation to the City Council.

CONSULTANT SELECTION RATING FORM
Project Name: Date:

Project Number:

Evaluation Factor
Rating Factor
Numerical Range &
Weighting Based on
Importance of
Factor

FIRM FIRM FIRM FIRM
Score Score Score Score
a. Capability to perform all or most aspects of the project. 0-10 b. Recent experience in projects comparable to the proposed project. 0-10 c. Firm’s reputation for professional integrity and competence. 0-5 d. Key personnel’s professional background and caliber. 0-7 e. Adequate qualified personnel available for assignment to the project. 0-5 f. Recent experience in specialized areas of expertise associated with the project. 0-5 g. Demonstrated ability to meet schedules or deadlines. 0-10 h. Demonstrated ability to complete projects without having major cost escalations or overruns.
0-7
i. Qualifications and experience of outside consultants regularly engaged by the consultant under consideration.
0-10
j. Quality of project previously undertaken. 0-10
k. Familiarity with and proximity to the geographic location of the project. 0-5 l. Capability of a branch office, which will do the work to perform independently of the home office, or conversely, its capability to obtain necessary support from the home office.
0-3
m. Demonstration of an understanding of the project’s potential problems and the City’s special concerns.
0-5
n. Degree of interest shown in undertaking the project. 0-3 o. Evidence that consultant is an equal opportunity employer. 0-2 p. Proximity of firm’s office to project. 0-3
TOTAL SCORE:

RANKING:

P:\pubworks\Templates\COP Forms\Consultant Selection Rating Form.doc Highest Possible Score = 100 Rev. 2013-02-19

SERVICE AGREEMENT
DATE:

PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and (insert name), hereinafter referred to as "CONSULTANT".

RECITALS: CITY has undertaken a project on which it is seeking assistance from CONSULTANT. Said project which will hereinafter be referred to as "project" is described as follows:

Project Name:

Description of Project: In general, Consultant to provide (plans and specifications) (services) for the (proposed project). Details are summarized in the Scope of Services as Attachment “A”.

IN CONSIDERATION OF MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER set forth the parties hereto do contract and agree as follows:

SECTION 1. CONTRACT SERVICES:

CONSULTANT hereby agrees to provide the following services and materials, in a timely manner as described:.

SECTION 2. PAYMENT:

In consideration for said services and materials, CITY shall pay CONSULTANT on a time and materials basis (and/or not to exceed _____________ Dollars ($ ))..

TIME OF PAYMENT: Progress payment requests shall be submitted by the 25th of each month.

CONSULTANT should receive payment within 45 days of the date the bill is received.

SECTION 3. COMPLETION DATE:

The services to be performed by CONSULTANT will be commenced upon execution of this agreement and all “work directives” shall be completed by (date). In the case of ongoing testing and results protocol, the CONSULTANT shall submit results as required to CITY, State and/or Federal governing agencies.

SECTION 4. FAMILIARITY WITH PROJECT:

CONSULTANT certifies and agrees that it is fully familiar with all of the details of the project required to perform its services. CONSULTANT agrees it will not rely upon any opinions and representations of CITY unless CITY is the only available source of said information.

SECTION 5. INDEPENDENT CONTRACTOR:

It is expressly understood that CONSULTANT is entering into this contract and will provide all services and materials required hereunder as an independent contractor and not as an employee of CITY.

CONSULTANT specifically warrants that it will have in full force and effect, valid insurance covering:
(i) Full liability under worker's compensation laws of the State of California; and (ii) Bodily injury and property damage insurance in the amount not less than One Million Dollars ($2,000,000) per occurrence; and
(iii) Errors and Omissions insurance of One Million Dollars ($2,000,000) minimum per occurrence, if deductible for Errors and Omissions insurance is Fifty Thousand Dollars ($50,000) or more, the City may require a Surety Bond for the deductible; and (iv) Automotive liability in the amount not less than One Million Dollars ($2,000,000) per occurrence; fully protecting CITY, its elected and appointed officers, employees, agents and assigns, against all claims arising from the negligence of CONSULTANT and any Service Agreement

injuries to third parties, including employees of CITY and CONSULTANT. To the fullest extent permitted by law, CONSULTANT agrees to hold harmless, release and indemnify the CITY against any liability for damages, including but not limited to liabilities for personal injury or death or for loss or damage to property, caused by the negligence of CONSULTANT or any of its employees or agents, or CONSULTANT’S negligent activities related to the terms and conditions of or implementation of this Agreement. “Consultant has no obligation to pay for any of the City’s defense related cost prior to a final determination of liability, but will reimburse the City for those costs, and Consultant has no obligation to pay any amount that exceeds Consultant’s finally determined percentage of liability based upon the comparative fault of Consultant.”

SECTION 6. WORKMANSHIP AND MATERIALS:

Every part of the work herein described shall be executed in a professional manner with competent, experienced personnel. Finished or unfinished material prepared under the agreement, prepared by CONSULTANT, shall become property of CITY. CONSULTANT hereby warrants that any materials prepared under this agreement shall be fit for the intended use contemplated by the parties.

SECTION 7. ASSIGNMENT OF CONTRACT:

It is acknowledged by the parties that CITY has entered into this contract with the express understanding that CONSULTANT will perform all work. CONSULTANT shall not, without the written consent of CITY, assign, transfer or sublet any portion or part of this work, nor assign any payments to others.

SECTION 8. AFFIRMATIVE ACTION.

CONSULTANT will not discriminate against any employee, or applicant for employment as required by applicable Federal and State law.

SECTION 9. CONFLICT OF INTEREST CODE:

CONSULTANT agrees to comply with the regulations of CITY’S “Conflict of Interest Code.” Said code is in accordance with the requirements of the Political Reform Act of 1974.

CONSULTANT covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of service required hereunder. The term "conflict" shall include, as a minimum, the definition of a "conflict of interest" under the California Fair Political Practices Act and the City of Porterville Conflict of Interest Code, as that term is applied to consultants.

SECTION 10. TERMINATION:

Either party for just cause may terminate this contract by giving seven (7) days written notice to the other party. Upon termination by CITY, CITY shall be relieved of any obligation to pay for work not completed including profit and overhead. CONSULTANT may be entitled to just and equitable compensation for satisfactory work completed, except CITY can withhold damages incurred as a result of the termination.

SECTION 11. ENTIRE CONTRACT:

It is understood and agreed that this Service Agreement represents the entire Agreement between the parties. Should it be necessary to institute legal proceedings to enforce any and all of the covenants Service Agreement

and conditions of this Agreement, the prevailing party shall be entitled to recover attorneys’ fees and costs.

SECTION 12. DISPUTES; VENUE:

If either party initiates an action to enforce the terms hereof or declare rights hereunder, the parties agree that this Agreement is entered into and is to be performed in Tulare County, California.

CONSULTANT hereby waives any rights it might have to remove any such action pursuant to California Code of Civil Procedure Section 394.

IN WITNESS WHEREOF, the parties have executed this Service Agreement on the date and year first above written.

CITY OF PORTERVILLE CONSULTANT
By By
Date Date
I
I
Local Assistance Procedures Manual EXHBIT 10-R
A&E Boilerplate Agreement Language
Exhibit 10-R: A&E BOILERPLATE AGREEMENT LANGUAGE
(For Local Assistance Federal-aid Projects)

NOTE TO LOCAL AGENCY - BE SURE THAT YOUR LEGAL STAFF REVIEWS AND APPROVES ALL CONSULTANT CONTRACTS BEFORE EXECUTION. THIS AGREEMENT LANGUAGE IS RECOMMENDED LANGUAGE, EXCEPT

TITLE VI APPENDICES A-E MUST BE PHYSICALLY INCLUDED, UNMODIFIED, IN THE EXECUTED CONTRACT FOR ALL FEDERAL-AID PROJECTS, REFER TO ARTICLE XXXII. MODIFY AS RECOMMENDED BY YOUR OWN LEGAL STAFF AND TO FIT YOUR PARTICULAR REQUIREMENTS AND PROJECT.

THE FISCAL AND FEDERAL PROVISIONS ARE REQUIRED IN ALL FEDERALLY FUNDED CONTRACTS. THE ORIGINAL INTENT OF THE ARTICLE SHALL REMAIN, IF MODIFIED BY YOUR LEGAL STAFF.

This exhibit contains fiscal requirements from 2 CFR 200 and is to be used for state-only funded contracts as well.

TABLE OF CONTENTS
Page
ARTICLE I INTRODUCTION....................................................................................................................3 ARTICLE II CONSULTANT’S REPORTS OR MEETINGS......................................................................4 ARTICLE III STATEMENT OF WORK .....................................................................................................5 ARTICLE IV PERFORMANCE PERIOD..................................................................................................6 ARTICLE V ALLOWABLE COSTS AND PAYMENTS............................................................................6 ARTICLE VI TERMINATION..................................................................................................................11 ARTICLE VII COST PRINCIPLES AND ADMINISTRATIVE REQUIREMENTS ...................................11 ARTICLE VIII RETENTION OF RECORD/AUDITS ...............................................................................12 ARTICLE IX AUDIT REVIEW PROCEDURES ......................................................................................12 ARTICLE X SUBCONTRACTING..........................................................................................................14 ARTICLE XI EQUIPMENT PURCHASE AND OTHER CAPITAL EXPENDITURES ............................15 ARTICLE XII STATE PREVAILING WAGE RATES..............................................................................16 ARTICLE XIII CONFLICT OF INTEREST..............................................................................................19 ARTICLE XIV REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION .......................20

ARTICLE XV PROHIBITION OF EXPENDING LOCAL AGENCY, STATE, OR FEDERAL FUNDS FOR LOBBYING ....................................................................................................................................20 ARTICLE XVI NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE...................21 ARTICLE XVII DEBARMENT AND SUSPENSION CERTIFICATION ..................................................22 ARTICLE XVIII DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION .................22 ARTICLE XIX INSURANCE ...................................................................................................................26 ARTICLE XX FUNDING REQUIREMENTS ...........................................................................................27 ARTICLE XXI CHANGE IN TERMS.......................................................................................................27 ARTICLE XXII CONTINGENT FEE........................................................................................................27 ARTICLE XXIII DISPUTES.....................................................................................................................28