Porterville City Council
May 17, 2022

City Council Agenda May 17, 2022

CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
MAY 17, 2022, 4:00 PM
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 May 17, 2022 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/81791678554?pwd=bmxWM3R6YUJ4RHRnMHhDT0UyY1BUUT09 Or via Telephone: 1-669-900-6833 Webinar ID: 817 9167 8554 Passcode: 885599 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 54957.6 – Conference with Labor Negotiator. Agency Negotiator: John Lollis and Patrice Hildreth. Employee Organizations: Porterville Peace Officers Association, Management & Confidential Series, Public Safety Support Unit, Porterville City Employees Association, Porterville City Firefighters Association, Fire Officer Series, and all unrepresented management employees.

2 - Government Code Section 54956.95 – Liability Claim: Claimant: Rae Dean Strawn. Agency claimed against: City of Porterville.

3 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Five (5) 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.

City Council Agenda May 17, 2022

6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON

REPORTABLE ACTION TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Council Member Stowe
Invocation

PRESENTATIONS
Presentation of Audit for 2020-2021 Fiscal Year
Porterville Chamber of Commerce Annual Financial and Activity 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 - Cal Cities Policy Committee - April 28, 2022
2 - Local Initiatives Navigation Center (LINC) Committee - May 4, 2022 3 - Tulare County Association of Governments (TCAG) LocalMotion Awards - May 5, 2022
4 - Eastern Tule Groundwater Sustainability Agency (ETGSA) Board - May 5, 2022 5 - Eagle Mountain Casino Relocation - May 9, 2022
6 - Tulare County Water Commission - May 9, 2022
7 - Sexual Harassment Prevention Training - May 10, 2022 8 - TCAG Sustainable Corridor Committee - May 12, 2022
9 - Casino Relocation Committee - May 12, 2022
10 - San Joaquin Valley Spring Policy Conference - May 13, 2022 11 - Police Department Promotion Ceremony - May 16, 2022 12 - TCAG/ Tulare County Transportation Authority - May 16, 2022 13 - Tulare County Regional Transit Agency - May 16, 2022 14 - Carolita Apartments Groundbreaking - May 17, 2022

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

City Council Agenda May 17, 2022

I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - May 5, 2022

2. Library & Literacy Commission - May 10, 2022

3. Arts Commission

4. Animal Control Commission - May 9, 2022

5. Youth Commission - May 11, 2022

6. Transactions and Use Tax Oversight Committee (TUTOC) II. Staff Informational Reports

1. Water Conservation Phase IV Status Update - April 2022

2. Porterville Chamber of Commerce Annual Financial and Activity Report; Notice of Termination by the Porterville Chamber of Commerce of its Agreement with the City of Porterville

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. Authorization to Purchase and Install Building Signage for the Temporary Library Re: Consider authorization for staff to hire McDivitt Sign Company to complete the building signage at the temporary library utilizing fire insurance funds in the amount of $10,750.00, plus the City permit costs.

2. Authorization to Repair Refuse Truck No. 6679
Re: Consideration to authorize refuse truck repair by E.M. Tharp, Inc. - American Truck Parts at a cost not to exceed $38,226.

3. Authorization to Repair Refuse Truck No. 6689
Re: Consideration to authorize refuse truck repair by E.M. Tharp, Inc. at a cost not to exceed $5,937.

4. Authorization to Repair Transit Vehicle No. 8113
Re: Consideration to authorize the transit vehicle repair by Porterville Collision at a cost not to exceed $24,209.

5. Authorization to Award Contract - Island Annexation Area 475 Sewer Project Re: Considering award of contract in the amount of $1,715,000 to Todd Companies for the Island Annexation Area 475 Sewer Project generally bound by Pioneer Avenue to the north, Henderson Avenue to the south, and Indiana Street to the west.

6. Authorization to Execute Consultant Agreement with 4Creeks, Inc.

Re: Consideration to authorize the Engineering and Project Management Director to execute the Consultant Service Agreement with 4Creeks, Inc. in the amount of $1,029,971.

City Council Agenda May 17, 2022

7. Acceptance of Final Subdivision Map - The Villas at Sierra Meadows, Phase Two (Smee Homes, Inc.)
Re: Consideration to approve the final subdivision map of The Villas at Sierra Meadows, Phase Two.

8. Authorization to Distribute a Request for Proposals for an ADA Exterior Wheelchair Ramp Accessibility Grant Program
Re: Consideration to authorize staff to distribute a Request for Proposals for a CDBG ADA Exterior Wheelchair Ramp Accessibility Grant Program.

9. Replacement Water Delivery Program
Re: Consideration of awarding water delivery service to residents within the Reclamation Area zone of Contribution. Residents have the option to participate in the water replacement delivery program as nitrate levels in their well exceed the maximum contaminated level of ten (10) mg/L.

10. Authorization to Schedule a Public Hearing for the Public Health Goal Report Re: Consideration to schedule a Public Hearing to receive comments about the City's Public Health Goal Report intended to inform the public of drinking water contaminants that exceed the Public Health Goal set by Cal-EPA.

11. Parks and Leisure Services Commission Meetings
Re: Consideration to approve the Parks and Leisure Services Commission's request for a hiatus during the months of July and August 2022.

12. Authorization of Street Closures for KJUG Concert Series and Military Banner Ceremony
Re: Consideration to authorize the street closures for the KJUG Concerts on May 26, 2022, June 7, 2022, June 21, 2022; and authorize the street closure for the Military Banner Ceremony on May 27, 2022.

13. Community Civic Event - Kern River Conservancy - Southern Sierra Film Festival - June 22, 2022
Re: Consider approval of the Kern River Conservancy Application for a Community Civic Event permit to hold the Southern Sierra Film Festival on June 22, 2022, at Centennial Park between the hours of 6:30 p.m. to 9:30 p.m.

14. Reaffirm Conditions of State Assembly Bill 361 to Continue Remote Attendance at Public Meetings
Re: Consider adoption of a draft Resolution consistent with AB 361 to continue to allow remote attendance at public meetings.

15. 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

16. Assembly Bill 481 - Law Enforcement Military Equipment: Funding, Acquisition, and Use
City Council Agenda May 17, 2022

Re: Consideration to approve final adoption of the draft Ordinance establishing a Military Equipment Use Policy and give a second reading.

17. Public Hearing to Consider the Transition to Phase III of the City's Water Conservation Plan
Re: Consideration of the transition from Phase IV to Phase III of the City's Water Conservation Plan.

SCHEDULED MATTERS

18. Consideration of Calling November 8, 2022, General Election; Requesting Consolidation of Election; and Setting Specified Services Re: Considering the consolidation of the Municipal Election of November 8, 2022, with Tulare County and setting election precepts.

19. Acceptance of Senate Bill 2 Pre-Approved Architectural Plans Re: Consideration to accept the construction documents from RRM Design Group and authorize the release of plans to the public after approval of master plan set.

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 June 6, 2022 at 5:30 p.m.

In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if 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 – MAY 17, 2022
SUBJECT: 1. Water Conservation Phase IV Status Update - April 2022 SOURCE: Public Works
COMMENT: The City has continued to implement an active water conservation approach, both conserving and providing flexibility to the community. The City transitioned from Phase III to Phase IV of the City's Water Conservation Plan as of December 1, 2021. The Water Conservation Plan applies to all municipal water users within or outside the city limits.

The Phase III plan limits outdoor watering to two days per week, with "odd" addresses allowed watering on Tuesday and Saturday and "even" addresses allowed watering on Wednesday and Sunday. Outdoor watering is prohibited between the hours of 5 a.m. to 10 a.m. and 5 p.m. to 10 p.m., with no watering allowed Monday, Thursday, or Friday. Watering of outdoor landscaping is prohibited during and within forty-eight (48) hours after measurable rainfall, which is now defined as greater than 0.01 of an inch.

The Phase IV plan limits outdoor watering to one day per week, with "odd" addresses allowed watering on Saturday and "even" addresses allowed watering on Sunday. Outdoor watering is prohibited between the hours of 5 a.m. to 10 a.m. and 5 p.m. to 10 p.m., with no watering allowed Monday through Friday.

Watering of outdoor landscaping is prohibited during and within forty-eight (48) hours after measurable rainfall, which is now defined as greater than 0.01 of an inch.

Violations of prohibited activities are considered infractions and are punishable by fines of up to $500 for each day on which the violation occurs. Any peace officer or employee of a public agency charged with enforcing laws and authorized to do so by ordinance may issue a citation to the violator. The City will be responding to enforcement by issuing a Notice of Violation for all witnessed occurrences and staff will be processing all reported issues.

Enforcement statistics for the month of April 2022 show that a total of twentyone (21) notices of violation were issued for water wasting, and no administrative citations were issued.

Water production for April 2022 shows no increase from the 5-year average.

The monthly production for April was 254 million gallons, which is a twentytwo percent (22%) decrease in comparison to the monthly production for April 2013 of 325 million gallons. Residential consumption for April 2022 was ninety-seven (97) gallons per capita per day (GPCD).

Compliance with individual water supplier conservation requirements is based on cumulative savings. Cumulative tracking means that conservation savings will be added together from one month to the next and compared to the amount of water used during the same months in 2013. City Staff will be evaluating conservation totals in two formats: 1) Calculate the cumulative conservation totals for production as compared to production in 2013; and 2) Calculate cumulative conservation totals in relation to GPCD, in efforts to evaluate population growth impacts on production as compared to 2013. The cumulative total production for the City of Porterville's conservation efforts will be reflected from June 2015 through April 2022. Porterville's cumulative total production conservation through April 2022 is twenty-one percent (21%). The cumulative total of GPCD for the City of Porterville's conservation efforts will be reflected from June 2015 through April 2022. Porterville's cumulative total GPCD conservation through April 2022 is twenty-five percent (25%).

Under the February 2, 2016, emergency regulation, the City of Porterville received a revised conservation standard of twenty-eight percent (28%) with an additional two percent (2%) reduction for climate adjustment, making the City’s conservation standard twenty-six percent (26%). After reviewing the Water Board's Self-Certification criteria for drought impacts on water supplies, the City of Porterville Council approved maintaining a self-imposed standard of twenty-six percent (26%). The continuation of the current conservation goal keeps a standardized message that the City has worked to develop in public outreach, provides resiliency and capacity to ensure three years of supply under drought conditions, and meets the minimum twenty percent (20%) conservation standard defined in the City's Urban Water Management Plan, and assists the City in meeting the requirements of the Sustainable Groundwater Management Act (SGMA).

The State Water Board continues to require monthly reporting to track what agencies are doing and how they perform throughout the year. Proposed permanent regulations will require agency reporting to continue monitoring the performance of urban water conservation with a preparedness to implement conservation standards as necessary. California Governor Gavin Newsom signed into effect Executive Order N-10-21 on July 8, 2021, urging all Californians to voluntarily reduce their water use by fifteen percent (15%) compared to their prior-year levels due to extended excessive drought conditions. Water production for the city system shows a twenty-two percent (22%) decrease from April 2021 to April 2022.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Monthly Production Status April 2022

2. Monthly Production Status GPCD April 2022

3. Drought Response Phase IV Flyer
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
0 100
200
300
400
500
600
1 2 3 4 5 6 7 8 9 10 11 12 Million Gallons/Month
Monthly Production Status & Cumulative Total June 2015 Through April 2022 Production Comparison to 2013 & 5 Year Average 2013
2017
2018
2019
2020
2021
2022
5 Year AVG

0.00 25.00

50.00 75.00
100.00
125.00
150.00
175.00
200.00
225.00
1 2 3 4 5 6 7 8 9 10 11 12 Gallons Per Capita Day
Month
Monthly Production Status & Cumulative Total June 2015 Through April 2022 Gallon Per Capita Day Comparison to 2013 & 5 Year Average 2013
2017
2018
2019
2020
2021
2022
5 Year AVG
The City of Porterville has adopted Phase IV of its Drought Response Plan.

As part of the Phase IV plan, the City has restricted watering days to one day per week, based on address.

Mandatory
Odd/Even Watering
Schedule
Excessive water
runoff prohibited
The washing of
sidewalks and driveways
is prohibited
Vehicles shall only be
washed on designated
watering days and with
hoses equipped with a
shut-off nozzle
Ornamental water
features are prohibited
unless the fountain uses
a recycling system

WATERING PROHIBITED

BETWEEN THE HOURS OF
5:00 – 10:00 AM
5:00 – 10:00 PM

NO WATERING

MONDAY THROUGH
FRIDAY.

ODD NUMBER ADDRESSES
If your address ends with an
“odd” number, 1, 3, 5, 7, or 9,
your watering day is Saturday only.

EVEN NUMBER ADDRESSES
If your address ends with an
“even” number, 0, 2, 4, 6, or 8,
your watering day is Sunday only.

OR
Item No.

CITY COUNCIL AGENDA – MAY 17, 2022
SUBJECT: 2. Porterville Chamber of Commerce Annual Financial and Activity Report; Notice of Termination by the Porterville Chamber of Commerce of its Agreement with the City of Porterville
SOURCE: City Manager's Office
COMMENT: On the recommendation of the City's Internal Audit Committee, at its meeting on October 19, 2021, the City Council approved the current Agreement between the City and the Porterville Chamber of Commerce.

Pursuant to the Agreement, the Chamber is required to provide its annual financial report and report of programs and activities for the prior year, as well as its written plan for the same for the upcoming year.

Due to recent changes of the Chamber's President/CEO, the Chamber submitted a written request that the Council grant an extension to the Chamber of the required reports from April 15th to the Council's meeting of May 17, 2022. At its meeting on April 5, 2022, the Council approved the Chamber's requested extension, with the Agreement provision for termination be extended from May 1st to June 3, 2022.

The Chamber has presented its annual financial report and report of programs and activities, which will be made by the Chamber as a Presentation to the Council and is enclosed for the Council's information and reference.

On May 11, 2022, consistent with the Council's action at its meeting on April 5, 2022, the Chamber provided written notice to the City that it was terminating the Agreement effective June 30, 2022. In the absence of an Agreement, the Chamber has prepared and presented a draft Memorandum of Understanding for the Council's consideration of how the Chamber and the City could continue to coordinate in support of the community.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Agreement between the City of Porterville and the Porterville Chamber of Commerce

2. Porterville Chamber of Commerce Extension Request
Letter (March 30, 2022)

3. Addendum No. 1 to the Agreement between the City of
Porterville and the Porterville Chamber of Commerce
Item No.

4. Annual Activity Report

5. Summary Balance Sheet: April 2021 - April 2022

6. Profit & Loss: April 2021 - April 2022

7. Porterville Chamber of Commerce Form 990 (2020)

8. Porterville Chamber of Commerce Notice of Termination of Agreement (May 11, 2022)

9. Porterville Chamber of Commerce Proposed Memorandum
of Understanding
Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager

Annual Report
April 2021-April 2022

Ambassadors Adonas Nuckols- Nuckols Ranch
Alida Verduzco Silva- Sierra View Medical
Center
Amanda Yan- Hergeshimers
Anetta Price- Porterville Sheltered Workshop
Cheleasa Calle- Navy Recruiting Station
David Shimer- Burton School District
James Reyna- Galaxy 9 Theatres
Laurie Arellano- Valley Strong
LeeAnna Walker- Porterville Sheltered
Workshop
Michael Warden- Eagle Mountain Casino
Richard Eckhoff- Valley Adult Day
Services/Sierra Trophies
Scott Bowler- Employment Connection
25 New Members
• Birria Y Pollos – El Guero
• Bloom Farms
• Boot Barn
• Capital Pensions & Insurance Solutions
• CentralCalExplored
• Dealers Choice, Inc.
• E. Williams & Sons Enterprises, Inc.
• Five Star Realty
• Fugazzis Palace
• G & G Home Buyers, Inc.
• Java Express
• Lavish Salon
• Mother Earths Gemz
• Porterville Little Libraries
• Porterville Storage
• Residential Bancorp
• Sani Binz
• Superior Limousine
• T A Saleh Enterprises, Inc.
• Tangled Tails Pet Grooming
• Teapot Acres
• The Lantern
• The Mud House
• Tulare County Kings View South One Stop
• United States Navy NRS Porterville
Ribbon
Cuttings
Porterville
Storage
Front Office
Inquires
Inquires include telephone calls, emails and walk-ins into our front lobby.
• Covid testing locations
• DUI classes
• Halloween community
events
• Housing information
• New business inquiries
• Volunteer/Community
service hours
• Veteran Banners
• Vaccine Clinics
• Veteran’s Day Parade
• Christmas Parade
• Cars Under the Stars
• Community Events
• Phone Books
• Map request
• Relocation packets
• Santa locations
• Balch Park/Tourism
• AC Services
• Restaurant Directory
• Vaccine Incentives
• Small Business Loans/Grants
• Attorney Services
• Porterville Fair
• Antique stores
Community Participation
 The Mighty 190
 Sequoia Tourism Council
 P8 Coalition
 Flag Day Committee
 Various internships/externships
 High schools
 CSET
 Public events
 Paper shredding event
 Christmas Parade
 Music on Main
 Cars Under the Stars
 Halloween event at Galaxy Theaters
 First Friday Coffee
On Going
 Publications
 Membership Directory & Visitor’s
Guide
 The Sequoia Visitor guide (STC)
 Government Affairs Committee
 Updating policy platform
 Workshops
 TBD by Chamber member needs;
seeking to partner with SBDC, CSET,
WIB, etc. for trainings
 Grow with Google Partner
 Internship opportunities for local students
 Stronger social media presence
 4,965 Facebook Followers
 1,798 Instagram Followers
 1,219 Newsletter Subscribers
Upcoming
Flag Day
• June 13th at Grocery
Outlet
Golf Tournament
• June 17th at River Island
Country Club
• Opportunities for business
sponsorships, promotion, &
exposure
First Friday Coffee
• First Friday of every month
• Sponsored by different
local businesses
• Networking, Breakfast, &
Information
• June 3rd hosted by Eagle
Mountain Casino
Music on Main St.
• Friday nights in Spring (5/20
last night)
• Local talent
• Local craft vendors
Business After Hours
• June 16th hosted by Eagle
Mountain Casino
21-22 Annual Report
Thank you for the continued support
and the opportunity to serve our
community

Item No. 1.

CITY COUNCIL AGENDA – MAY 17, 2022
SUBJECT: Authorization to Purchase and Install Building Signage for the Temporary Library
SOURCE: Parks and Leisure Services
COMMENT: In March 2022, staff began working on obtaining building signage quotes with vendors in the Tulare County area for the temporary library located at 50 W.

Olive Avenue, Suite B. The proposed wall sign on the building facade shall be channel letters and illuminated in order to adhere to the Downtown design guidelines and Development Code. A channel letter sign is a three-dimensional graphic element with an individual structure.

The two responsive vendors who submitted a quote for this project are:

McDivitt Sign Company: $10,750.00.

Smith Sign & Decal, Inc.: $12,690.00.

Quotes included design, materials and installation, but do not include City permit costs.

RECOMMENDATION: That the City Council authorize staff to hire McDivitt Sign Company to complete the building signage at the temporary library utilizing fire insurance funds in the amount of $10,750.00, plus the City permit costs.

ATTACHMENTS: 1. McDivitt Sign Company Quote

2. Smith Sign & Decal, Inc. Quote

3. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
Date: 4/7/2022
1061 N. Main Street, Porterville, CA 93257 Contractor License #1078936 Qty Ea Total
1 "Porterville Library and book logo " Illuminated Channel Letters/Logo 1 biblioteca Illuminated can with vinyl print $8,990.00 1 Installation Labor $1,760.00
Total $10,750.00
Please sign below to accept this quote
Signature
Printed Name
Date
Porterville, CA 93257
QUOTE
Porterville Library
AND

Item No. 2.

CITY COUNCIL AGENDA – MAY 17, 2022
SUBJECT: Authorization to Repair Refuse Truck No. 6679
SOURCE: Public Works
COMMENT: City Vehicle No. 6679 is an active residential refuse truck that has extensive wear to the engine requiring an engine replacement. This vehicle is powered by a Cummins engine and should only be repaired by an authorized Cummins engine repair facility.

Staff is requesting authorization to utilize E.M. Tharp, Inc. - American Truck Parts Co., which is the nearest authorized Cummins repair service facility, at an estimated cost of $38,226 (inclusive of all parts, taxes, labor, and a 10% contingency). Funding for the repair will be made available from the Solid Waste operating fund.

RECOMMENDATION: That the City Council:

1. Authorize the repair of refuse truck no. 6679 by E.M. Tharp, Inc. - American Truck Parts Co. at a cost not to exceed $38,226 (inclusive of all parts, taxes, and labor, and a 10% contingency); and

2. Authorize payment of said repair upon satisfactory
completion.

ATTACHMENTS: 1. E. M. Tharp, Inc. - American Trucks Parts Co. Estimate Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager

Item No. 3.

CITY COUNCIL AGENDA – MAY 17, 2022
SUBJECT: Authorization to Repair Refuse Truck No. 6689
SOURCE: Public Works
COMMENT: City Vehicle No. 6689 is a front-line residential refuse truck that has experienced a failure of the Engine Control Module (ECM). This vehicle is powered by a Cummins engine, with a Cummins control module and should only be repaired by an authorized Cummins repair facility with the ability to program the ECM.

Staff is requesting authorization to utilize E.M. Tharp, Inc., the closest authorized Cummins repair service facility, at an estimated cost not to exceed $5,937 (including all parts, taxes, and labor, and a 10% contingency). Funding for the repair will be made available from the Solid Waste operating fund.

RECOMMENDATION: That the City Council:

1. Authorize the repair of refuse truck no. 6689 by E.M. Tharp, Inc. at a cost not to exceed $5,937 (inclusive of all parts, taxes, and labor, and a 10% contingency); and

2. Authorize payment of said repair upon satisfactory
completion.

ATTACHMENTS: 1. E. M. Tharp, Inc. Estimate
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
Asset: 2017 Peterbilt 320
Serial #: HF108653
VIN: 3BPZL20X7HF108653
Engine: ISL-G
Engine Hours: 2771
Miles 71,635
Warranty Start: 6/24/2016
In Service: 5 Years 10 Months
Parts: $3,131.67
Labor: $850.00
HAZ: $25.00
Shop Sup: $34.00
Core: $868.00
Haz. Waste: $25.00
Shop: $85.00
Freight: $0.00
Tax: $377.83
TOTAL: $5,396.50
FLEET COPY: 1
POSTED: 05/09/22 04:25 pm PDT
Golden State Peterbilt - Porterville
15243 Road 192 Porterville, California 93257
Phone: (559) 782-5800
Case Number: 10688173 - Repair Order Number: 5752
Purchase Order Number: n/a
Service Writer: CRUZ, MICHAEL - Case Date: 04/28/22 03:55 pm PDT City Of Porterville Unit #: 6689
Address: 291 NORTH MAIN STREET
PORTERVILLE, CA 93257
Phone: (559) 782-7456
Fax:

Cust #: 2992
Complaint:

ENGINED STALLED
Operation Operation Labor Parts Core Charge Total
1 Engine Check and Advise
Shop Sup: Shop Supplies
HAZ: Hazardous Waste Fee
Complaint:

ENGINE STALLED, CK AND ADVISE
$340.00 $0.00 $0.00 $340.00
2 Engine Repair
Parts: (1.0) MODULE,ELECTRONIC CONTROL Core: $868.00
Complaint:

REPLACE FAILED ECM AS PER TASK #1 TROUBLESHOOTING
$510.00 $3,131.67 $868.00 $4,509.67
Notes: [5/3/2022 at 01:28 pm PDT] - Unit was checked in at Golden State Peterbilt - Porterville, arrival time: 4/28/2022 at 03:56 pm PDT.

Repair status set to Checked-in.
[5/9/2022 at 04:25 pm PDT] - Approval Requested for the estimate version 1, total $5,396.50. View the estimate. NOTE: Good Afternoon Russell, Here is a preliminary estimate for troubleshooting and repairs. The ECM is ROM booted and cannot be recovered. Will will need to replace the ECM with new, program, and then recheck for any other issues after the unit is running. If any other issues come up we will send you an updated estimate. Please let us know if you would like to move forward. Have a great day.

Repair status set to Hold (auth).

This estimate is subject to teardown and inspection and is valid for 30 days from date above. I, the undersigned, authorize you to perform the repairs and furnish the necessary materials. I understand any costs verbally quoted are an estimate only and not binding. Your employees may operate vehicle for inspecting, testing and delivery at my risk. You will not be responsible for loss or damage to vehicle or articles left in it. AUTHORIZED BY:_________________________ DATE:___/____/____
Case 10688173 – Page 1 of 1
Item No. 4.

CITY COUNCIL AGENDA – MAY 17, 2022
SUBJECT: Authorization to Repair Transit Vehicle No. 8113 SOURCE: Public Works
COMMENT: On October 28, 2021, a Transit Ford Van (Unit No. 8113) was involved in a vehicle collision, resulting in the vehicle sustaining moderate damage and requiring the vehicle to be removed from service. Staff obtained three estimates, and the repair was awarded to Milinich Body Works at the City Council meeting on March 15, 2022. After receiving approval, the vehicle was taken to Milinich Body Works. They declined to perform the repair, so staff reached out to the two remaining body shops to see if they would repair the vehicle. Only Porterville Collision was responsive, and agreed to repair the vehicle at their original estimate.

Staff is requesting authorization to enter into an agreement with Porterville Collision to repair the damage to Transit Vehicle No. 8113 for an estimated cost of $24,209, which includes a ten percent (10%) contingency cost for damage that is not yet known but may be present upon repair of the vehicle. The City is in receipt of a check from CalTIP in the amount of $7,831.92 in payment of the insurance claim. The remaining cost of repair will be paid by Transit Operating Funds. CalTip, the City's transit insurance provider, will seek subrogation from the party at fault.

RECOMMENDATION: That the City Council:

1. Authorize the repair of transit vehicle no. 8113 by Porterville Collision at a cost not to exceed $24,209 (inclusive of all parts, taxes, labor, and a 10% contingency); and

2. Authorize payment of said repair upon satisfactory completion.

ATTACHMENTS: 1. Transit Vehicle Repair Estimates
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager

Item No. 5.

CITY COUNCIL AGENDA – MAY 17, 2022
SUBJECT: Authorization to Award Contract - Island Annexation Area 475 Sewer Project SOURCE: Engineering and Project Management
COMMENT: On May 10, 2022, staff received two bids for the Island Annexation Sewer Project - Area 475. Annexation Area 475 is generally bound by Pioneer Avenue to the north, Henderson Avenue to the south, Indiana Street to the west, and will connect various locations to the east and west of Main Street. The project includes 7,550 lineal feet (1.43 miles) of 8" and 6" diameter sewer mains, twenty-six (26) sewer manholes and 102 sewer laterals.

The Engineer's Estimate of Probable Cost for the project was $2,167,022. The low bid presented by Todd Companies of Visalia is $1,715,000, which is $452,022 less than the Engineer's Estimate (20.86%). An additional $171,500 is necessary for construction contingency (10%) and $171,500 is required for construction management, surveying, quality control and inspection services (10%), equating to a total construction cost of $2,058,000.

Funding for the project will come from proceeds from the issuance of the 2019 Sewer Revenue Bonds, better known to staff as Certificates of Participation (COP) funds.

The bids are as follows:

Contractor Amount
1) Todd Companies
Visalia, CA
$1,715,000
2) Everlevel Holdings, LLC
Chino Hills, CA
$2,580,360
Staff has found the low bid acceptable.

RECOMMENDATION: That City Council:

1. Award the Island Annexation Area 475 Sewer Project to Todd Companies in the amount of $1,715,000;

2. Authorize a ten percent (10%) contingency to cover unforeseen costs;

3. Authorize an additional $171,500 for construction
management, construction surveying, quality control, and inspection services;

4. Authorize progress payments up to one hundred percent Item No. 5.
(100%) of the contract amount: and

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

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
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Item No. 6.

CITY COUNCIL AGENDA – MAY 17, 2022
SUBJECT: Authorization to Execute Consultant Agreement with 4Creeks, Inc.

SOURCE: Engineering and Project Management
COMMENT: On March 22, 2022, staff received two (2) Statements of Qualifications for the design and construction services of the Butterfield Stage Corridor Project (an Active Transportation project) and the Santa Fe Byway Trail (a Clean California project). The proposals were ranked in accordance with the "Policy for Selecting Consultants to Provide Architectural, Engineering and Similar Services" adopted by City Council (Resolution # 16-2001). Staff reviewed, rated the firms and at its meeting on April 05, 2022, the Council authorized staff to negotiate a contract with 4Creeks, Inc.

Staff has completed negotiations for the design and construction services of the Butterfield Stage Corridor Project. At the time of grant application, City staff anticipated a consultant cost of approximately $600,000 as consultant services would only be needed for portions of the delivery of grant compliant plans.

Since that time, City staffing levels have dropped, requiring the entire design to be completed through consultant services. The contract for the design and construction support services of the Santa Fe Byway Trail will be presented to Council for consideration once the grant agreement has been received from the State.

Staff was able to negotiate the design services for the Butterfield State Corridor Project at a not to exceed price of $973,752 and construction support services at a not to exceed price of $56,219 for a total consultant price of $1,029,971.

Funding for the construction portion of this project is an Active Transportation Grant and delivery is time sensitive, making the delivery of construction plans and specifications imperative to the project's success. Funding for the design portion of this project is available through the City's Measure R Alternative Transportation funds.

Staff has found the negotiated price acceptable.

RECOMMENDATION: That City Council:

1. Authorize the Engineering and Project Management Director to execute the Consultant Service Agreement for the Butterfield Stage Corridor Project, with 4Creeks, Inc. in the amount of $1,029,971;

2. Authorize progress payments up to one hundred percent (100%) of the fee amount; and
Item No. 6.

3. Authorize the Engineering and Project Management Director to secure Measure R Funds for the design of the project.

ATTACHMENTS: 1. Draft Service Agreement

2. Scope of Services

3. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
Rev. 2013-02-19

SERVICE AGREEMENT
DATE: May 18, 2022
PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and 4Creeks Incorporated, 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: Design and construction support services for Butterfield Stage Corridor Project Description of Project: In general, the consultant will be provide engineering services for the Butterfield Stage Corridor Project. Details are summarized in 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 in the attached proposal.

SECTION 2. PAYMENT:

In consideration for said services and materials, CITY shall pay CONSULTANT on a time and materials basis not to exceed One Million Twenty-Nine Thousand Nine Hundred Seventy-One Dollars, ($1,029,971).

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 design “work directives” shall be completed by December 21, 2022,. 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 Service Agreement

and assigns, against all claims arising from the negligence of CONSULTANT and any 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 Service Agreement

the parties. Should it be necessary to institute legal proceedings to enforce any and all of the covenants 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
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
May 9, 2022
Ms. Sarah Weaver
Project Manager
City of Porterville
291 N. Main Street
Porterville, CA 93257
Subject: Design Proposal for the Butterfield Stage Corridor Project, Revision 1 Dear Ms. Weaver,
We have prepared a scope of work and fee for the services required to complete the plans, specifications, and engineer’s opinion of probable construction costs (PS&E) for the proposed Butterfield Stage Corridor project. The project is approximately 4.3 miles of Class I path along the previous railroad right of way between Main Street near Yates Avenue to North Grand Avenue. Our understanding is that the scope of work will generally include the following improvements:
• Approximately 4.3 miles of 8’ wide asphalt trail with 2’ wide shoulders • Seven (7) new Rectangular Rapid Flashing Beacon (RRFB) Systems with In-Roadway Warning Lights (IRWL)
• Five (5) new Pedestrian Hybrid Beacons
• Twenty (20) accessible curb ramps
• Approximately 4,200 SF of colored, stamped concrete sidewalk for five (5) bench areas • Approximately 4,300 SF of colored, stamped concrete sidewalk at Date Avenue • Replacement of three (3) small waterway crossings with culverts • Approximately 4.3 miles of 16” reclaimed water transmission line • Replacement of eight (8) drive approaches
• Landscaping and irrigation for the length of the path • Solar lighting for the length of the path
• Other trail amenities, such as benches, bike racks, bollards, trash receptacles, drinking fountains, and path map signs
• Signing, striping, and markings for the path and roadway crossings We understand the section of Butterfield Stage Corridor between College Avenue and North Grand Avenue is included as part of an Active Transportation Program (ATP) project and the southern extension of the corridor from College Avenue to Main Street near Yates Avenue will be funded with other monies. 4Creeks will track the work included for these sections separately for funding purposes; however, both sections shall be included in the final construction documents. Separate PS&E packages will not be provided.

Below you will find a breakdown of the tasks needed to complete this project.

Task 1: Project Management
4Creeks will act as the prime consultant and will manage the design team’s progress throughout the life of the project. The City of Porterville will be the Contract Administrator for the project and the direct liaison with Caltrans District 6 Division of Local Assistance. The purpose of the Project Management task is to organize the efforts of the project team, including subconsultants and the City, to keep the project on schedule and on budget. 4Creeks will:
• Manage project tasks and completion of work products
• Coordinate and manage subconsultants
• Manage and update the project schedule in coordination with the City of Porterville • Schedule meetings in coordination with the City of Porterville "Attachment A"
Ms. Sarah Weaver May 4, 2022
Butterfield Stage Corridor Proposal Page 2 of 10
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
• Represent the 4Creeks Team at project coordination meetings • Prepare and distribute project coordination meeting minutes • Respond to the City’s questions/correspondence
• Implement and maintain quality control procedures across all disciplines involved in the project • Provide overall quality control of the contract documents • Prepare and submit monthly invoices to the City of Porterville 4Creeks will coordinate, schedule, and participate in project meetings with the City and other appropriate agencies. 4Creeks assumes up to eight (8) monthly project coordination meetings to be held virtually. We also assume one (1) in-person meeting to review City comments of the preliminary conceptual layout, as well as an in-person meeting to review City comments after the 30%, 90%, and 100% submittals.

The above Task 1 services will be provided for a Fixed Fee of $64,890. This task assumes up to eight (8) monthly project coordination meetings held virtually and four (4) in-person design review meetings. Please note additional meetings have been identified and included in other tasks. 4Creeks will be available to attend additional in-person or virtual meetings, as needed and approved by the City on a time and materials basis.

Task 2: Project Initiation
Upon contract authorization, the Project Initiation task will allow for 4Creeks to research, compile, and present to the City a list of known issues and conflicts within the site parameters, and to propose what design improvements will be needed to address these issues. 4Creeks will:
• Conduct a site-visit and assess the conditions involving the design of the project • Develop a list of issues, questions, and coordination items • Identify the necessary improvements needed for a complete design • Schedule and attend the project kick-off meeting
• Prepare agenda for the project kick-off meeting
• Review and refine the project schedule included in the contract agreement • Define City and Consultant responsibilities
• Review and discuss the scope of work and budget per the contract agreement • Prepare and distribute project kick-off meeting minutes The above Task 2 services will be provided for a Fixed Fee of $14,610. This task assumes one (1) project kick-off meeting.

Task 3: Topographic Survey
4Creeks will complete the topographic survey which shall include, but not be limited to, the following:
• Full topographic survey of the railroad right of way used for the trail. • Full topographic survey of streets at trail crossings approximately 200’ each way mainly to determine reclaimed water main alignment.
• 50’ cross sections
• Sewer and storm drain inverts to be dipped wherever possible • More detailed topographic survey around accessibility ramp locations • Existing observable improvements within the right of way or directly adjacent thereto that may be affected by the project
• Observable utilities including fire hydrants, water meter boxes, sewer cleanouts, sewer and storm manholes, valve boxes, etc.
• Tie into City of Porterville benchmark and coordinate system Our understanding is that after the topographic survey is completed and preliminary wet utility design has been completed, 4Creeks or others may pothole the existing utilities that may conflict with new project improvements. 4Creeks’ survey crew will survey in the surface locations of these potholes after the potholing has been completed so this information can be incorporated into the project design.

Ms. Sarah Weaver May 4, 2022
Butterfield Stage Corridor Proposal Page 3 of 10
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
Right of way limits will be drafted on the topographic survey from record maps. This fee does not include ordering title reports for separate properties or record research of dedicated easements/additional right of way along the corridor.

The above Task 3 services will be provided for a Fixed Fee of $61,120.

Task 4: Utility Research and Coordination
4Creeks will work with utility companies affected by the project in providing a complete set of plans for construction bidding. Along the Butterfield Stage Corridor, wet and dry utilities that will need to be included in the topographical base map. 4Creeks will complete utility research to identify and mitigate existing and potential conflicts especially at the roadway crossings. 4Creeks will complete the following utility research and coordination:
• Obtain utility plats and record drawings from utility companies • Schedule meetings and site visits with affected utility companies and the City of Porterville in identifying utility conflicts
• Include obtained utility information in the topographic survey and base map • Draft conflict maps for each affected facility
• Utilize potholing information in updating the utilities added to the topographic survey and to clarify uncertainties regarding the existing utilities
• Coordinate follow-up meetings with affected utility companies • Coordinate with affected utility companies in relocating utilities prior to construction The above Task 4 services will be provided for a Fixed Fee of $46,965.

Task 5: Geotechnical Analysis
4Creeks subconsultant, Krazan & Associates, will perform a geotechnical investigation. Krazan will drill 22 borings over the length of the proposed Class I path to a depth of five to 10 feet or auger refusal. Ten R-Values will also be collected for laboratory R-Value testing. Prior to drilling operation, an encroachment permit from the City of Porterville will be obtained and Underground Service Alert (USA) will be notified. All fieldwork will be done under the supervision of a Geotechnical Engineer or Senior Geologist. Recommendations for lime-treated subgrade will be included. A final geotechnical report of the findings will be provided.

The above Task 5 services will be provided for a Fixed Fee of $20,585.

Task 6: Phase II ESA
4Creeks subconsultant, Krazan & Associates, will complete a Phase II Environmental Site Assessment (ESA) as required and noted in the Phase I ESA completed by Provost & Pritchard (P&P), dated July 8, 2020. In the Phase I ESA, P&P identified four (4) Recognized Environmental Conditions (RECs) along the proposed trail. Although none overlap the proposed trail, each poses a potential soil vapor concern. Based on the P&P information, the 4Creeks Team proposes to install and sample three (3) borings/soil vapor probes near each of the RECs for a total of 12 borings/temporary soil vapor points. The soil borings will be completed to a depth of five (5) feet below ground surface (bgs). The soil vapor probes will be installed at a depth of five (5) feet bgs and the samples will be analyzed for volatile organic compounds (VOCs).

Since the proposed trail runs along the former railroad track alignment, the P&P report also indicates that a sampling and analysis plan (SAP) should be developed that would include sampling and analysis for total petroleum hydrocarbons (TPH), VOCs, organochlorine pesticides (OCPs), and heavy metals (including arsenic). The 4Creeks Team will prepare the SAP which required the collection and analysis of additional soil samples.

Two (2) soil samples will be collected at each location. The soil samples will be collected at depths of 0.5 feet and three (3) feet bgs (Note: only the 0.5 feet bgs sample will be analyzed and the deeper sample will be placed on hold pending the results of the shallow sample.) Analysis for 12 soil samples is included. The soil samples will be analyzed for TPH, VOCs, metals, and OCPs.

The work will include preparation of a draft report for the City’s review and approval.

Ms. Sarah Weaver May 4, 2022
Butterfield Stage Corridor Proposal Page 4 of 10
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
The above Task 6 services will be provided for a Fixed Fee of $39,618.

Task 7: Potholing (Optional)
4Creeks, with support from our subconsultant 4CG Construction, will perform potholing to identify and mitigate potential conflicts. The 4Creeks Team will obtain an encroachment permit from the City as well as verify pothole locations. A traffic control plan that will be implemented throughout the process will also be provided. For this scope of work and fee, we have assumed up to 25 potholes and five (5) days with a hydrovac truck with three (3) operators.

We have also assumed there will be five (5) days of traffic control, including two (2) days of shoulder or lane closures, and three (3) days flagging with two (2) flaggers. Pothole report documentation will be provided.

The above Optional Task 7 services may be provided for a Fixed Fee of $89,538.

Task 8: PS&E for Civil Design of ATP Project Area
The 4Creeks Team will prepare PS&E for review/approval by the City for the ATP project area from North Grand Avenue to College Avenue. Plans and cost estimates will be provided at the 30%, 90%, and 100% submittal stages.

Specifications will be provided at the 90% and 100% submittal stages. Commitment mitigation measures in the environmental documents provided by the City will be incorporated into the appropriate contract documents. It is anticipated that the City will provide a full review of the documents submitted at each stage of the project and will provide their comments to 4Creeks. The 4Creeks Team will address the City’s comments and revise the plans as appropriate and provide the City with responses to comments.

The following will be submitted with the 30%, 90%, 100%, and final submittals, or as noted below:
● Full-sized (24” x 36”) plans – one hardcopy and electronic PDF file ● Specifications – one hardcopy and one electronic PDF file (90%, 100%, and final submittals) ● Engineer’s Opinion of Probable Construction Costs – one hardcopy and one electronic PDF file ● Electronic copy of specifications in MS Word format (90%, 100%, and final submittals) ● 4Creeks response to comments and tracking - electronic PDF (90%, 100%, and final submittals) ● Electronic copy of plans in AutoCAD Civil 3D 2019 (submitted with final, signed plans only) After final comments are addressed, one (1) set of the following hard copies will also be submitted for the final, signed contract documents:
● Full-sized plans
● Specifications
● Engineer’s Opinion of Probable Construction Costs
Construction Plans
4Creeks will submit construction plans that conform to current regulations and guidelines in accordance with City of Porterville’s Standard Plans and Specifications, Caltrans Standards and Specifications, and applicable AASHTO geometric design guidelines. It is anticipated the project improvements can be designed within the existing City right of way or the necessary right of way or easement areas will be obtained by the City.

Project plans will be prepared in AutoCAD Civil 3D on 24” x 36” size sheets. 4Creeks anticipates providing the following plan sheets for the project:

• Cover Sheet
• Topographic Survey Plans (assumed at 1” = 20’ scale, 20 sheets) • General Notes and Legend
• Key Map (assumed at 1” = 200’ scale, 10 sheets)
• Cross Sections (assumed at 1” = 10’ scale, 1 sheet)
• Layout Sheets & Utility Plan and Profile Sheets (assumed 1” = 20’ scale, 46 sheets). Reclaimed water profiles will be shown on these sheets. Electrical improvements will be shown on these sheets also. • Curb Ramp Detail Sheets (assumed 4 per page at 1” = 5’ scale, 5 sheets). Ramp details will include elevations, dimensions, and will show transitions to the existing concrete sidewalks.

Ms. Sarah Weaver May 4, 2022
Butterfield Stage Corridor Proposal Page 5 of 10
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
• Drive Approach Details (assumed 4 per page at 1” = 5’ scale, 2 sheets) • Construction and City Standard Details (assumed 5 sheets) • Pedestrian Hybrid Beacon Plans (assumed 1” = 20’ scale, 5 sheets) • Rectangular Rapid Flashing Beacon Plans (assumed 1” = 20‘ scale, 7 sheets) • Signing and Pavement Delineation Plans (assumed 1” = 20’ scale, 12 sheets) • Architectural Plans and Details
• Structural Plans and Details
• Landscape and Irrigation Plans and Details

Specifications and Cost Estimate
4Creeks will prepare the project specifications and engineer’s opinion of probable construction costs for the project.

The City shall provide 4Creeks their current City specifications and technical special provisions in MS Word. Based on directions received from the City, 4Creeks anticipates the City will prepare the up-front, boilerplate specifications. 4Creeks shall prepare and provide the following:
• Short project description to be included in the project specifications • Special provisions, technical specifications, and needed appendices for the project specifications • Engineer’s opinion of probable construction costs
• Bid item description, including measurement and payment for each item • Excel file showing itemized quantity breakdowns
Special provisions and technical specifications that are not covered by the City’s Standard Specifications will be prepared using Caltrans Standard Specifications and Special Provisions, California Manual on Uniform Traffic Control Devices, manufacturer or industry standard specifications for the specific items identified, or similar technical specifications of previous projects.

The above Task 8 services will be provided for a Fixed Fee of $342,875.

Task 9: PS&E for Civil Design of Southern Trail Extension The 4Creeks Team will prepare PS&E for review/approval by the City for the trail extension south of College Avenue to the Main Street connection near Yates Avenue. Since the southern trail extension will be funded with other monies and is not included in the ATP project, 4Creeks will track the work completed for this section separately.

However, PS&E submittals will be made as defined in Task 8.

The above Task 9 services will be provided for a Fixed Fee of $34,340.

Task 10: PS&E for Reclaimed Water Line
4Creeks will prepare PS&E for a 16” reclaimed water line along the Class I bike path from North Grand Avenue to the Main Street connection near Yates Avenue. The reclaimed water line will not cross Tule River as part of this project. Therefore, the water line will not be included between Date Avenue and the south side of Tule River. The water line will cross Poplar Ditch. PS&E will be submitted for the reclaimed water line as defined in Task 8.

The above Task 10 services will be provided for a Fixed Fee of $47,625.

Task 11: PS&E for Pedestrian Hybrid Beacons and RRFB Systems 4Creeks will prepare PS&E for seven (7) new RRFB systems with IRWL and for five (5) new pedestrian hybrid beacons. PS&E will be submitted for the pedestrian hybrid beacons and RRFB systems as defined in Task 8.

RRFB with IRWL systems will be designed for the trail crossings at Orange, Putnam, Thurman, Belleview, Westfield, and North Grand Avenues and at the existing crosswalk across Main Street at Date Avenue. Pedestrian hybrid beacons will be designed for the trail crossings at Olive, Morton, and Henderson Avenues. Pedestrian hybrid beacons will also be designed for two (2) new crossings across Main Street near the State Route 190 on- and offramps (one near Vandalia Avenue and one near the transit stop north of College Avenue).

The above Task 11 services will be provided for a Fixed Fee of $65,670.

Ms. Sarah Weaver May 4, 2022
Butterfield Stage Corridor Proposal Page 6 of 10
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
Task 12: Architectural Services
4Creeks will complete the architectural services listed below. PS&E for architectural items will be submitted as defined in Task 8.
• Coordinate with Structural Engineer regarding the existing Poplar Ditch bridge (see Task 13), including:
o Provide technical memorandum with recommendations for ADA and safety o Provide repair details and bridge improvements
• Design and construction drawings of covered benches
• Coordination with fabricator for shade structures and benches • Design and coordination of access at Zalud Park, including:
o Recommendations for either a prefabricated bridge or ramps to help reduce construction costs at both the north and south side of Zalud Park
o Design and construction drawings of option selected
o Provide overall design compatibility and flatwork coordination, including plumbing and lighting fixtures and equipment design compatibility
The above Task 12 services will be provided for a Fixed Fee of $35,960.

Task 13: Structural Services
4Creeks will complete the structural engineering services listed below. • Visually observe the existing Poplar Ditch bridge
• Evaluate condition of the existing Poplar Ditch bridge and analyze for support of pedestrians and maintenance vehicle traffic
• Provide a technical memorandum with the results of findings • If the existing Poplar Ditch bridge is deemed adequate, provide repair details and bridge improvement (improve the path, add rails, etc.)
• If the evaluation determines the existing Poplar Ditch bridge damage is too extensive, provide recommendations to address bridge replacement outside of the scope of this project PS&E for the following structural engineering items will be submitted as defined in Task 8:
• Poplar Ditch bridge repair details and bridge improvement if bridge deemed adequate as noted above • Culvert design to replace three (3) small waterway crossings – two (2) for the ATP Project Area and one (1) for the Southern Extension
• Pre-engineered bridge and foundation design for pedestrian crossing to Zalud Park • Solar light standard foundation design
• Bollard foundation design
The above Task 13 services will be provided for a Fixed Fee of $43,200.

Task 14: Landscape and Irrigation
4Creeks subconsultant, Wood Architecture, will complete the landscape and irrigation tasks listed below. PS&E for landscape and irrigation items will be submitted as defined in Task 8. • Provide a 1” = 10’ scale overall construction layout plan for decorative paving elements • Provide construction details, sections, and elevations necessary to communicate the design intent • Provide a 1” = 20’ scale overall materials plan for site amenities including trash receptacles, benches, bollards, and dog waste receptacles
• Provide a 1” = 20’ scale planting soils plan indicating soil treatment type, locations, and requirements • Provide a 1” = 20’ scale irrigation plan indicating location, type, and size of the irrigation sprinkler heads and piping for an automatic irrigation system; prepare AB1881 Water Conservation documentation as required by the State of California
o Prepare hydrozone plans
Ms. Sarah Weaver May 4, 2022
Butterfield Stage Corridor Proposal Page 7 of 10
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
o Prepare irrigation schedules
o Prepare water calculations
• Prove a 1” = 20’ scale planting plan indicating location, type, size, and quantity of trees, shrubs, lawn, and ground cover
• Provide paving, planting soil, irrigation, and planting details • Provide tree protection, paving, planting soil, irrigation, and planting specifications The above Task 14 services will be provided for a Fixed Fee of $20,624.

Task 15: DSA Review (Optional)
As this is an ATP project, it may need to be reviewed and approved by the Division of the State Architect (DSA) for accessibility standards. DSA review ensures the project plans and specifications comply with accessibility requirements set forth by the Americans with Disabilities Act and meet all DSA preferences. 4Creeks is including this as an optional task should it be needed. DSA review process requires a fee for submittal which is calculated as a percentage of construction costs. 4Creeks has assumed any fees will be paid for by the City.

If DSA review is required, 4Creeks will submit to DSA per their requirements. DSA’s review comments will be returned to 4Creeks for needed revisions, if any. 4Creeks will address DSA comments and schedule the required backcheck appointment with the DSA Accessibility Reviewer. 4Creeks will coordinate with DSA to receive approval as efficiently as possible. If DSA approval is required, construction may not begin until approval is obtained.

The above Optional Task 15 services will be provided on a time and materials basis. We propose the City budget $9,380 for these services. This fee assumes one (1) meeting with DSA will be held virtually and no in-person meetings at a DSA facility will be required. This fee also assumes any required fees for DSA review will be paid for by the City.

Task 16: Caltrans Encroachment Permit
4Creeks will request a virtual meeting with the City and Caltrans District 6 Encroachment Permits Office staff to review the scope of the project within Caltrans right of way and verify needed items for encroachment permit approval. 4Creeks will prepare the Caltrans Encroachment Permit Application Package (EPAP) and submit for their review and comment. 4Creeks will meet with Caltrans virtually to review comments to the EPAP and revise and resubmit for final approval. The required Stormwater Pollution Prevention Plan (SWPPP) will be included as part of the EPAP.

It is assumed that this project will only require Caltrans’ EPAP approval, and the project is not considered highimpact or trigger a Project Delivery Quality Management Assessment Process (QMAP) or other Caltrans approval process. We have also assumed a Traffic Management Plan (TMP), traffic control plans, Design Engineer Evaluation Report (DEER), Permit Engineering Evaluation Report (PEER), Design Standard Decision Document (DSDD), or other additional report will not be required with the EPAP for permit approval.

The above Task 16 services will be provided on a time and materials basis. We propose the City budget $21,100 for these services. This task assumes up to three (3) virtual meetings with Caltrans.

Task 17: Lower Tule River Irrigation District (LTRID) Coordination 4Creeks understands the rehabilitation of the structure crossing Poplar Ditch and the reclaimed water line crossing Poplar Ditch will require review and approval by LTRID. 4Creeks will coordinate with LTRID to submit the appropriate plans and information to obtain approval. It is understood that LTRID may request Tule River Association (TRA) review the project documents to ensure the project does not affect operations of the TRA member agencies. However, 4Creeks has assumed permits from TRA will not be required.

It is assumed the project will not alter the flow of Poplar Ditch or Tule River or alter the Tule River streambed during any phase of the project, including construction or accessing the area during construction. Therefore, we have assumed only approval by LTRID will be needed and additional permits will not be required, including but not limited to the following:

Ms. Sarah Weaver May 4, 2022
Butterfield Stage Corridor Proposal Page 8 of 10
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
• Department of Fish and Wildlife
• San Joaquin County Flood Control and Water Conservation District 3615 Encroachment Permit • U.S. Army Corp of Engineers 404 Permit
The above Task 17 services will be provided on a time and materials basis. We propose the City budget $6,560 for these services. This task assumes up to three (3) virtual or in-person meetings with LTRID and/or TRA.

Task 18: Bidding Phase Services
4Creeks will provide assistance during the bidding phase to the help the City receive clear and concise bids from Contractors for the project construction. 4Creeks will provide the following bidding phase services:
• Attend and participate in a pre-bid meeting with the City and Contractors • Provide supplemental instructions and clarifications to bidders as necessary; produce addendums to modify the bid documents (plans and specifications) as required • Review bids received at the bid opening held by the City and provide a recommendation for award The above Task 18 services will be provided on a time and materials basis. We propose the City budget $9,093 for these services. This task assumes one (1) in-person pre-bid meeting to be held at the City’s office or at the project site.

Task 19: Construction Assistance, CE Task
4Creeks will assist during construction, including but not limited to the following services:
• Attend and participate in the preconstruction meeting • Respond to Requests for Information
• Review technical submittals if requested by the City
• Assist with change order review if requested by the City • Prepare as-built record drawings in AutoCAD based on red-lined plans provided by the City/Contractor Project costs for the above Task 19 services will be provided on a time and materials basis. We propose the City budget $38,849 for these services. This task assumes one (1) in-person preconstruction meeting to be held at the City’s office.

Task 20: Post Construction Counts, CE Task
4Creeks subconsultant, Metro Traffic, will have post construction user counts conducted for the Class I path in accordance with the guidelines of the Interim Count Methodology Guidance for Active Transportation Program, Revised September 2019. As indicated in guidance, pre-construction user counts are not required and are assumed to be zero as this is a new facility. The counts will be 24-hour bicycle and pedestrian intersection counts for seven days. Counts will be conducted at seven locations (maximum required for large infrastructure projects) to be coordinated with and agreed to by the City.

The above Task 20 services will be provided for a Fixed Fee of $17,370.

Total Amount for Tasks 1 to 6, 8 to 14, and 16 to 18 = $874,834 Total Amount for Optional Tasks 7 and 15 = $98,918
Total Amount for Construction Engineering Tasks 19 & 20 = $56,219 Total Estimated Contract Amount if all Tasks 1 to 20 are included = $1,029,971 Schedule
4Creeks has attached a proposed project schedule which anticipates the project plans, specifications, and engineer’s opinion of probable construction costs (PS&E) will be completed by December 31, 2022. However, we would like to provide some clarification and comments on the proposed schedule and the City’s anticipated timeline for this project. The items listed below are being provided to give the City the best chance possible of meeting their schedule. Some schedule items are controlled by other agencies, such as Caltrans, DSA, or LTRID, and are not Ms. Sarah Weaver May 4, 2022
Butterfield Stage Corridor Proposal Page 9 of 10
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
within 4Creeks control. However, our staff will aggressively pursue these items to get approvals as soon as reasonably possible.

1. City-provided information/data – The City shall provide the following information/data immediately upon notice to proceed:
• Current City Standard Plans
• Current City specifications and technical special provisions in MS Word • Record drawings of the project area
• AutoCAD files of the project’s conceptual plans
• Right of way documents, railroad ownership documents, or title reports for the project • Any utility information the City may have for the project area • Conceptual plans for the Animal Shelter

2. Expediting Permits – The City will need to expedite any required City permits, such as for potholing or geotechnical investigations, so they are approved right away and there is no delay in work to be completed.

3. Expediting City Review – The City will need to expedite their review of the PS&E submittals. 4Creeks has included seven (7) working days for the City’s review of the 30%, 90%, and 100% submittals.

4. Utility Relocation Process – At this time, it is unknown if there are any major utilities that will require relocation. 4Creeks staff will work with the utility companies as efficiently and quickly as possible to finalize the necessary utility relocation packages.

5. DSA Approval – At this time, typical DSA approval timelines are unknown. However, DSA submittal appointments must be made a minimum of eight weeks prior to the appointment date. The fee and a draft set of plans are due immediately after the appointment is made. Final plans are due one (1) week prior to the DSA submittal date. The backcheck appointment must be made a minimum of 10 days prior to the appointment. From our past experiences, the DSA process can take approximately five (5) to six (6) months.

DSA approval would not be completed prior to December 31, 2022, should it be needed.

6. Caltrans Encroachment Permit Application Package (EPAP) Approval – It is assumed that this project will only require Caltrans’ EPAP approval, and the project is not considered high-impact or trigger a Project Delivery QMAP or other Caltrans approval process. This also assumes a TMP, traffic control plans, DEER, PEER, DSDD, or other additional report will not be required with the EPAP for permit approval. At this time, Caltrans approval can take approximately two months or longer. Since 100% completed plans must be submitted with the EPAP, it is not anticipated that Caltrans approval will be received prior to December 31, 2022. However, 4Creeks will submit the Caltrans EPAP with the final plans and will work diligently to obtain approval.

7. LTRID Coordination – At this time, typical LTRID timelines are unknown. 4Creeks staff will work with LTRID as efficiently and quickly as possible to finalize the necessary plans to obtain LTRID approval.

City of Porterville Responsibilities
• Provide information/data as noted in item 1 above
• Provide potholing as necessary to determine true utility locations (4Creeks has provided a cost for potholing as an optional task should the City be unable to provide potholing services) • Provide responses to Consultant’s questions within two (2) days throughout the project • Attend and participate in monthly project coordination meetings and City review meetings • Provide expedited permits and City review to maintain the project schedule • Act as the Contract Administrator and be the direct liaison to Caltrans responsible for all Caltrans documentation and authorizations (other than noted in this scope of work) Exclusions
• Any work not specifically listed in this scope of work is excluded Ms. Sarah Weaver May 4, 2022
Butterfield Stage Corridor Proposal Page 10 of 10
324 S. Santa Fe, Suite A
Visalia, California 93292
www.4-creeks.com
We are very excited to submit this proposal and look forward to continuing to develop a strong working relationship with the City of Porterville. If you have questions or need additional information, please feel free to give us a call to discuss.

Sincerely,
Chris Crawford, PE 71192 Matthew D. Ainley, PE 66233
Senior Civil Engineer Principal-In-Charge

encl: 4Creeks, Inc. Fee Estimate Breakdown
4Creeks Fee Schedule
Current Prevailing Wage Surveying Rates
Project Schedule

LMWD/CC
Job No. 22107
Project
Tech 3
Project
Tech 4 Engineer Senior Engineer
Senior Utility
Designer Architect Structural Engineer Principal Engineer Assistant Surveyor Principal Land
Surveyor
Survey Crew (2-
Man Topo) Krazan Wood 4CG Metro Traffic
$105 $120 $145 $175 $160 $145 $180 $200 $110 $180 $280 1.15 1.15 1.15 1.15 Fee Varies Task 1 - Project Management
Manage subconsultants 28 4 $5,700
Tracking status/project coordination 20 20 8 $8,000
Quality Assurance/Quality Control 50 80 8 16 $25,610
City review meetings (up to 4 in-person meetings) 16 24 $6,520 Project coordination meetings (up to 8, monthly virtual meetings) 28 36 $10,360 Administration 60 12 $8,700
$64,890
Task 2 - Project Initiation
Field review meeting after completion of the topographic survey 8 8 $2,560 Prepare for project kick-off meeting 12 30 4 4 $8,430
Attend kick-off meeting/provide minutes 6 8 3 6 $3,620
$14,610
Task 3 - Topographic Survey
Field research 16 9 $3,380
Site control 9 36 $11,070
Field work/survey 9 107 $30,950
Draft field work 48 $5,280
Boundary and LO (right of way) 44 9 $10,440
$61,120
Task 4 - Utility Research/Coordination & Lighting Analysis Utility research 16 10 10 $4,480
Draft utilities in topo and prepare base map 40 15 10 $7,600 Coordinate with utility agencies 30 30 10 10 10 $11,550 Draft conflict maps 15 20 15 $6,375
Assist with liability determinations 20 $2,400
Utility coordination meetings 20 8 8 8 $6,240
Lighting and Photometric Analysis 8 16 26 1 $8,320
$46,965
Task 5 - Geotechnical Analysis
Drill rig and operator $6,000 $6,900
Field professional $3,200 $3,680
R-Value test $2,000 $2,300
Other miscellaneous lab testing $4,200 $4,830
Engineering review and report $2,500 $2,875
$20,585
Task 6 - Phase II ESA
Phase II ESA Submittal $34,450 $39,618
$39,618
Task 7 - Potholing (Optional)
Potholing (assumes 25 potholes)/Traffic Control (5 days - 2 w/shoulder or lane closures, 3 w/flaggers) $77,859 $89,538
$89,538
Task 8 - PS&E for Civil Design of ATP Project Area
Project Specifications & Cost Estimates 36 60 60 9 6 $26,160 30% Submittal Set 216 200 190 128 8 $1,200 $99,430
90% Submittal Set 387 365 245 10 $1,200 $145,440
100% Submittal Set 90 72 68 45 6 $1,200 $38,225
Final PS&E Set 36 88 54 54 4 $1,200 $33,620
$342,875
Task 9 - PS&E for Civil Design of Southern Trail Extension Project Specifications & Cost Estimates 4 4 4 2 $2,160
30% Submittal Set 24 24 16 12 1 $10,020
90% Submittal Set 43 32 23 2 $14,225
100% Submittal Set 10 10 6 5 1 $4,195
Final PS&E Set 4 10 6 6 1 $3,740
$34,340
Butterfield Stage Corridor Trail
Fee Breakdown Revision 1 Date: 5/9/22
Matt Ainley and Chris Crawford
4Creeks Subconsultants
Reimbursable
Expenses
TOTAL

TASK NUMBER
4Creeks Project No. 22107
Project
Tech 3
Project
Tech 4 Engineer Senior Engineer
Senior Utility
Designer Architect Structural Engineer Principal Engineer Assistant Surveyor Principal Land
Surveyor
Survey Crew (2-
Man Topo) Krazan Wood 4CG Metro Traffic
$105 $120 $145 $175 $160 $145 $180 $200 $110 $180 $280 1.15 1.15 1.15 1.15 Fee Varies Butterfield Stage Corridor Trail
Fee Breakdown Revision 1 Date: 5/9/22
Matt Ainley and Chris Crawford
4Creeks Subconsultants
Reimbursable
Expenses
TOTAL

TASK NUMBER
4Creeks Project No. 22107
Task 10 - PS&E for Reclaimed Water Line
Project Specifications & Cost Estimates 8 4 2 $2,260
30% Submittal Set 42 48 16 $14,800
90% Submittal Set 67 77 26 $23,755
100% Submittal Set 14 16 6 $5,050
Final PS&E Set 4 4 4 $1,760
$47,625
Task 11 - PS&E for Pedestrian Hybrid Beacons and RRFB Systems Project Specifications & Cost Estimates 16 16 $4,720
Plans 30%, 90%, 100% & Final 16 166 120 114 10 $60,950
$65,670
Task 12 - Architectural Services
Project Specifications & Cost Estimates 32 $4,640
Plans 30%, 90%, 100% & Final 216 $31,320
$35,960
Task 13 - Structural Services
Poplar Ditch crossing evaluation and technical memorandum 16 $2,880 Project Specifications & Cost Estimates 24 $4,320
Plans 30%, 90%, 100% & Final 120 120 $36,000
$43,200
Task 14 - Landscape and Irrigation
Landscape and Irrigation for ATP Project Area $16,266 $18,706 Landscape and Irrigation for Southern Extension $1,668 $1,918 $20,624
Task 15 - DSA Review (Optional) - Time and Materials
DSA Submittals 40 4 $6,500
DSA meeting (one virtual meeting) 9 9 $2,880
$9,380
Task 16 - Caltrans Encroachment Permit - Time and Materials Caltrans Encroachment Permit Application Package 24 40 32 $14,280 Caltrans SWPPP 10 16 $3,520
Caltrans meetings (up to 3 virtual meetings) 9 9 $2,880 Administration 4 $420
$21,100
Task 17 - Lower Tule River Irrigation District (LTRID) Coordination - Time and Materials
LTRID submittals (up to three) 9 9 2 $3,280
LTRID and/or TRA meetings (up to three virtual or in-person) 9 9 2 $3,280 $6,560
Task 18 - Bidding Phase Services - Time and Materials
Pre-Bid Meeting, Maintain Bid Holders List, Issue Addendums, Tabulate Bids 18 24 4 $1,359 $9,093 $9,093
Task 19 - Construction Assistance - Time and Materials
Attend Preconstruction Meeting 4 4 4 4 $2,580
Respond to RFI's and Document Revisions during bid 20 10 8 8 $7,250 Assist City with Minimal Submittal Review 12 4 12 8 $5,620 Assist City with Minimal Change Order Review 20 8 2 2 $4,950 Field Visit Assistance 20 $3,060 $500 $7,519
Draft Record As-Built Drawings 36 18 8 8 8 $10,930
$38,849
Task 20 - Post Construction Counts
Bike and ped counts, 24-hours for 7 days, 7 locations 2 1 $14,700 $17,370 $17,370
Project
Tech 3
Project
Tech 4 Engineer Senior Engineer
Senior Utility
Designer Architect Structural Engineer Principal Engineer Assistant Surveyor Principal Land
Surveyor
Survey Crew (2-
Man Topo) Krazan Wood 4CG Metro Traffic
$105 $120 $145 $175 $160 $145 $180 $200 $110 $180 $280 1.15 1.15 1.15 1.15 Fee Varies Butterfield Stage Corridor Trail
Fee Breakdown Revision 1 Date: 5/9/22
Matt Ainley and Chris Crawford
4Creeks Subconsultants
Reimbursable
Expenses
TOTAL

TASK NUMBER
4Creeks Project No. 22107
TOTAL: 561 1,488 1,466 1,187 95 296 194 102 82 53 152 $52,350 $22,353 $77,859 $14,700 $5,300 $1,029,971 SUBTOTAL FEE WITHOUT OPTIONAL OR CONSTRUCTION ENGINEERING (CE) TASKS $874,834 OPTIONAL TASKS $98,918
CONSTRUCTION ENGINEERING PHASE TASKS 19 & 20 $56,219
TOTAL FEE WITH OPTIONAL AND CE TASKS $1,029,971
1 of 1
Effective May 1, 2022
4Creeks, Inc. Fee Schedule – Professional
Fees are based on the median hourly pay rate for employees in each classification, plus indirect costs, overhead, and profit. Fee schedules for the various billing categories are:

Classification Charges Per Hour Classification Charges Per Hour Civil Engineering Services Architectural Services
Associate Engineer $125 Architectural Designer $105
Engineer $145 Architect $145
Senior Engineer $175
Principal Engineer $200
Planning Services Construction Inspection
(Non-Prevailing Wage)
Associate Planner $100 Associate Construction Inspect0r $110 Planner $125 Construction Inspector $130
Senior Planner $150 Senior Construction Inspector $150
Principal Planner $175
Structural Engineering Services Construction Management Associate Structural Engineer $145 Associate Construction Manager $125 Structural Engineer $160 Construction Manager $145
Senior Structural Engineer $180 Senior Construction Manager $175 GIS Services Technical Services
Associate GIS Technician $90 Project Technician I $85
GIS Technician $100 Project Technician II $95
Senior GIS Technician $120 Project Technician III $105
Project Technician IV $120
Utility Design Services
Associate Designer $105 Public Outreach Coordination
Designer $130 Associate Outreach Coordinator $105
Senior Designer $160 Outreach Coordinator $125
Land Surveying Services
Assistant Surveyor $110 Water Consulting Services
Land Surveyor $135 Associate Water Consultant $115
Senior Surveyor $155 Water Consultant $135
Principal Land Surveyor $180 Senior Water Consultant $165 1-Man Survey Crew * $150
2-Man Survey Crew * $220 Executive Staff
3-Man Survey Crew* $275 Associate Executive $120
Drone Pilot $155 Executive $145
Senior Executive $165
Software Engineering Services Expert Witness
Assistant Software Engineer $75 Expert Witness $300
Associate Software Engineer $90
Software Engineer $135
Senior Software Engineer $165
Direct Charges
At cost plus fifteen percent (15%):
• Transportation and per-diem expenses (auto mileage @ current IRS rate, off-road charges $50.00/day) • Printing and reproduction: $0.03 per b/w copy, $0.12 per color copy, $0.80 per sq. ft. large printing • Equipment rentals, subcontractors, laboratory analyses • Website Hosting Fees: $15/mo. | $150/annual
*Prevailing wage rates by separate schedule – Varies by County 1 of 1
Effective February 1,2020
Updated August 12, 2021
4Creeks, Inc. Fee Schedule – Professional
Fees are based on the median hourly pay rate for employees in each classification, plus indirect costs, overhead, and profit. Fee schedules for the various billing categories are:

Classification Charges Per Hour
Construction Inspection (Prevailing Wage)
Construction Inspector $150
Construction Inspector Over Time $180
Construction Inspector - Sunday $210
Land Surveying (Prevailing Wage)
1-Man Survey Crew – Tulare County $150
1-Man Survey Crew – Fresno County $150
1-Man Survey Crew – Kings County $150
1-Man Survey Crew – Kern County $150
1-Man Survey Crew – Merced County
2-Man Survey Crew – Tulare County $280
2-Man Survey Crew – Fresno County $280
2-Man Survey Crew – Kings County $280
2-Man Survey Crew – Kern County $280
2-Man Survey Crew – Merced County $280
Direct Charges
At cost plus fifteen percent (15%):
• Transportation and per-diem expenses (auto mileage @ current IRS rate, off-road charges $50.00/day) • Printing and reproduction: $0.03 per b/w copy, $0.12 per color copy, $0.75 per sq. ft. large printing • Equipment rentals, subcontractors, laboratory analyses ID Task Name Predecessors Duration Start Finish
1 Butterfield Stage Corridor 197 days Wed 5/18/22 Thu 2/16/23 2 Receive Notice to Proceed 0 days Wed 5/18/22 Wed 5/18/22 3 Kick-Off Meeting 2 3 days Wed 5/18/22 Fri 5/20/22
4 Request Utility Maps 3 0 days Fri 5/20/22 Fri 5/20/22 5 Topographic Survey - Field Work 2 30 days Wed 5/18/22 Tue 6/28/22 6 Draft Base Map and Utilities - Note: some utilities
currently take 11 - 12 weeks to receive plat maps;
utilities will be drafted as they are received
5 10 days Wed 6/29/22 Tue 7/12/22
7 Geotechnical Investigation and Analysis 2FS+7 days 45 days Fri 5/27/22 Thu 7/28/22 8 Potholing (Optional) 6FS+10 days 15 days Wed 7/27/22 Tue 8/16/22 9 Phase II ESA 2FS+7 days 45 days Fri 5/27/22 Thu 7/28/22 10 Prepare 30% Plans and Estimate and Submit to City 6 30 days Wed 7/13/22 Tue 8/23/22 11 City Review and Comments on 30% Submittal 10 7 days Wed 8/24/22 Thu 9/1/22 12 Prepare 90% PS&E and Submit to City 11 40 days Fri 9/2/22 Thu 10/27/22 13 City Review and Comments on 90% PS&E 12 7 days Fri 10/28/22 Mon 11/7/22 14 DSA Review (Optional) 12FS-40 days 120 days Fri 9/2/22 Thu 2/16/23 15 Caltrans Encroachment Permit 12 60 days Fri 10/28/22 Thu 1/19/23 16 LTRID Coordination 10 82 days Wed 8/24/22 Thu 12/15/22 17 Prepare 100% PS&E and Submit to City 12 20 days Fri 10/28/22 Thu 11/24/22 18 City Review and Final Comments on 100% PS&E 17 7 days Fri 11/25/22 Mon 12/5/22 19 Final Construction Documents to City 18 9 days Tue 12/6/22 Fri 12/16/22 5/18
5/20
5/15 5/29 6/12 6/26 7/10 7/24 8/7 8/21 9/4 9/18 10/2 10/16 10/30 11/13 11/27 12/11 12/25 1/8 1/22 2/5 May '22 Jun '22 Jul '22 Aug '22 Sep '22 Oct '22 Nov '22 Dec '22 Jan '23 Feb '23 Task
Split
Milestone
Summary
Project Summary
External Tasks
External Milestone
Inactive Task
Inactive Milestone
Inactive Summary
Manual Task
Duration-only
Manual Summary Rollup
Manual Summary
Start-only
Finish-only
Deadline
Progress
Manual Progress

Project: 22107 - Butterfield
Date: Wed 5/4/22
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VILLA ST

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NORTH GRAND AVE

INDIANA ST

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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
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TEAPOT DOME AVE

SPRINGVILLE AVE

PORTER RD

ORANGE AVE

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VILLA ST

INDIANA ST

OLIVE AVE

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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
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±
Date Printed: 9/17/2019
by the Community Development Department
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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
Item No. 7.

CITY COUNCIL AGENDA – MAY 17, 2022
SUBJECT: Acceptance of Final Subdivision Map - The Villas at Sierra Meadows, Phase Two (Smee Homes, Inc.)
SOURCE: Engineering and Project Management
COMMENT: The subdivider, Smee Homes, Inc., has submitted the final map of the subject project for City Council approval. The subdivider is requesting approval prior to the acceptance of the required improvements.

The subdivider has submitted the required guarantee to the City to complete and/or accept all necessary public improvements on the project. A subdivision agreement between the subdivider and the City has been executed, and all fees have been paid.

The final map is in conformance with the approved tentative map and City Council Resolution No. 10-2020. The improvement plans, specifications, dedications, and the final map have been approved by the Engineering & Project Management Director and City Engineer and all other requirements have been met.

RECOMMENDATION: That City Council:

1. Approve the final subdivision map of The Villas at Sierra Meadows, Phase Two;

2. Accept all offers of dedication shown on the final map or by separate deed document; and

3. Authorize the City Clerk to file said map with the County Recorder.

ATTACHMENTS: 1. Final Map: The Villas at Sierra Meadows, Phase 2 Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
TRACT MAP NO. _____

THE VILLAS AT SIERRA MEADOWS
PHASE 2
PREPARED BY:

BORUM LAND SURVEYING
1445 W. GRAND AVE. STE C
GROVER BEACH, CA 93433
(805) 270-4154
PREPARED FOR:

THE O'SULLIVAN FAMILY REVOCABLE TRUST
1279 W. HENDERSON AVE. #340
PORTERVILLE, CALIFORNIA 93257

SOIL ENGINEER'S STATEMENT
I HEREBY STATE THAT THE PRELIMINARY SOILS REPORT WAS SUBMITTED BY ME IN MARCH 2021 IN ACCORDANCE WITH THE PROVISIONS OF ORDINANCE 900 OF THE MUNICIPAL CODE OF THE CITY OF PORTERVILLE AND THAT SAID REPORT IS ON FILE IN THE CITY BUILDING INSPECTOR'S OFFICE.

SOILS REPORT NO. DATE
DATED THIS DAY OF , 20 .

SALVADOR ALVAREZ, PE 83957

CITY CLERK'S STATEMENT
I, JOHN D. LOLLIS, CITY CLERK OF THE CITY OF PORTERVILLE, STATE OF

CALIFORNIA, HEREBY STATE TO THE COUNTY RECORDER, AND TO WHOMSOEVER IT MAY CONCERN, THAT ALL PROVISIONS OF DIVISION 2, TITLE 7

OF THE GOVERNMENT CODE OF THE STATE OF CLAIFORNIA AND OF ANY

LOCAL ORDINANCES PERTAINING TO DEPOSITS REQUIRED AT THE TIME OF

APPROVL OF THIS MAP BY THE CITY COUNCIL OF THE CITY OF PORTERVILLE HAVE BEEN COMLIED WITH.

DATED THIS DAY OF , 20 . CITY CLERK

CITY COUNCIL'S STATEMENT

THIS IS TO STATE THAT AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE HELD ON THE DAY OF , 20____, AN ORDER WAS DULY AND REGULARLY MADE AND ENTERED INTO

APPROVING THIS MAP AND SUBDIVISIONS, AND ON BEHALF OF THE PUBLIC, ACCEPTING, SUBJECT TO IMPROVEMENTS, THE PUBLIC STREET AND LOTS A & B;

AND ACCEPTING THE PUBLIC UTILITY EASEMENTS ALL INCLUDED WITHIN THE

BOUNDARIES OF THE SUBDIVISION AND AS SHOWN AND/OR STATED UPON THIS MAP.

WITNESS MY HAND AND OFFICIAL SEAL OF THE CITY OF PORTERVILLE THIS ON THE DAY OF , 20 . CITY CLERK

ZONING ADMINISTRATOR'S STATEMENT
I HEREBY STATE THAT THIS MAP CONFORMS TO THE APPROVED TENTATIVE MAP DATED FEBRUARY 4, 2020.

DATED THIS DAY OF , 20 .

JON RIDENOUR

COMMUNITY DEVELOPMENT DIRECTOR

SURVEYOR'S STATEMENT

THIS MAP WAS PREPARED BY ME, OR UNDER MY DIRECTION, AND IS BASED

UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS OF THE

SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF THE O'SULLIVAN FAMILY REVOCABLE TRUST IN MARCH 2021. I HEREBY STATE THAT

THIS TRACT MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY. ALL MONUMENTS ARE OF

THE CHARACTER AND OCCUPY THE POSITIONS INDICATED AND ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED.

BRIAN S. BORUM, PLS 8006 DATE

BOARD OF SUPERVISORS' STATEMENT
I, JASON T. BRITT, COUNTY ADMINISTRATIVE OFFICER / CLERK OF THE BOARD OF SUPERVISORS OF THE

COUNTY OF TULARE, STATE OF CALIFORNIA , DO HEREBY STATE THAT SAID BOARD OF SUPERVISORS HAS APPROVED THE PROVISIONS MADE FOR THE PAYMENT OF TAXES AS PROVIDED IN DIVISION 2, TITLE 7 OF THE GOVERNMENT CODE OF STATE OF CALIFORNIA.

DATED THIS DAY OF , 20 . JASON T. BRITT

COUNTY ADMINISTRATIVE OFFICER / CLERK OF THE BOARD OF SUPERVISORS BY:

DEPUTY

CITY SURVEYOR'S STATEMENT
I HEREBY STATE THAT I HAVE EXAMINED THIS MAP; THAT THE SUBDIVISION AS

SHOWN IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP, AND ANY APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF CHAPTER 2 OF THE SUBDIVISION MAP ACT AND ANY LOCAL ORDINANCES

APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH; AND THAT I AM SATISFIED THAT THIS MAP IS TECHNICALLY CORRECT.

DEE JASPAR, RCE 23042 DATE

VICINITY MAP

NOT TO SCALE
SHEET 1 OF 3

OWNER'S STATEMENT

WE HEREBY STATE WE ARE THE OWNERS OF, OR HAVE SOME RIGHT, TITLE OR INTEREST IN AND TO, THE REAL

PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN UPON THIS MAP, AND THAT EXCEPT AS SHOWN ON

THIS MAP AND STATEMENTS MADE A PART THEREOF, WE ARE THE ONLY PERSONS WHOSE CONSENT IS

NECESSARY TO PASS CLEAR TITLE TO SAID PROPERTY AND WE HEREBY CONSENT TO THE MAKING OF SAID

MAP AND SUBDIVISION AS SHOWN WITHIN THE DISTINCTIVE BOUNDARY LINES, AND HEREBY CONSENT TO THE RECORDATION OF SAID MAP.

WE HEREBY DEDICATE FOR PUBLIC USE THE STREETS WITHIN THE BOUNDARY OF SAID MAP.

WE HEREBY DEDICATE FOR PUBLIC USE EASEMENTS FOR PUBLIC UTILITIES UNDER, ON OR OVER THOSE CERTAIN STRIPS OF LAND LYING ADJACENT TO THE FRONT AND/OR SIDE LINES OF LOTS 1 THROUGH 39 DESIGNATED AS "PUBLIC UTILITIES EASEMENT" AS SHOWN ON SAID MAP, WITHIN SAID SUBDIVISION SUCH STRIPS OF LAND TO BE KEPT OPEN AND FREE FROM BUILDINGS AND STRUCTURES OF ANY KIND.

THE O'SULLIVAN FAMILY REVOCABLE TRUST
BY:

THOMAS J. O'SULLIVAN, TRUSTEE
BY:

DEBORAH L. O'SULLIVAN, TRUSTEE

NOTARY ACKNOWLEDGEMENT

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE

INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CALIFORNIA
COUNTY OF S.S.

ON , BEFORE ME, , A NOTARY

PUBLIC, PERSONALLY APPEARED, WHO

PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE

SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE

SAME IN HIS/HER/THEY AUTHORIZED CAPACITY AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE

INSTRUMENT THE PERSON(S),OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S), ACTED, EXECUTED THE INSTRUMENT.

I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FORGOING PARAGRAPH IS TRUE AND CORRECT. WITNESS MY HAND.

NOTARY PUBLIC
PRINTED NAME:

COUNTY OF:

COMMISSION EXPIRES:

COMMISSION NO:

RECORDER'S STATEMENT
DOCUMENT NO. FEE PAID:

FILED THIS DAY OF , 20 , AT M. IN VOLUME OF
MAPS, AT PAGE , TULARE COUNTY RECORDS, AT THE REQUEST OF BRIAN S. BORUM-LAND SURVEYOR ROLAND P. HILL

TULARE COUNTY RECORDER
BY:

DEPUTY COUNTY RECORDER

FLOOD HAZARD INFORMATIONAL NOTE

THE FOLLOWING FLOOD ZONE INFORMATION IS BASED ON OUR INTERPRETATION OF THE FEDERAL

EMERGENCY MANAGEMENT AGENCY (FEMA) NATIONAL FLOOD INSURANCE PROGRAM FLOOD INSURANCE RATE MAP (MAP NO. 06107C1642E) FOR COMMUNITY NUMBER 060407, CITY OF PORTERVILLE, TULARE COUNTY, CALIFORNIA, DATED JUNE 16, 2009. THE SUBJECT SITE IS LOCATED WITHIN ZONE X (UNSHADED) WHICH IS OUTSIDE OF THE 0.2 PERCENT ANNUAL CHANCE OF FLOOD.

PROJECT
SITE
L.S. 8006
BRIAN S. BORUM

LICENSED LAND SURVEYO
R

STAT E OF CALIFORNIA
BEING A SUBDIVISION OF THE REMAINDER OF THE VILLAS AT SIERRA MEADOWS PHASE 1, AS RECORDED OF VOLUME 44 OF MAPS, AT PAGE 61, IN TULARE COUNTY RECORDS, BEING ALSO A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 22 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN,

IN THE CITY OF PORTERVILLE, COUNTY OF TULARE, STATE OF CALIFORNIA CONSISTING OF 39 LOTS CONTAINING 7.35 GROSS ACRES, 5.07 NET ACRES AND A DESIGNATED REMAINDER CONTAINING 7.15 GROSS ACRES. TOTAL ACREAGE 14.50
JUNE 2021
www.borumlandsurveying.com
N

RICHARD AVENUE
(N0° 26' 30"E 1324.94')
JOAN AVENUE MESA OAK STREET (N0° 32' 44"E 1327.42')
(N89°50'15"W 2650.44')
(1325.22') (1325.22')
(1322.80')
((1322.79'))
((1325.22'))
((N0° 32' 44"E 1327.43'))
((N89°50'15"W 2650.44'))
((1325.22'))
((N0° 26' 30"E 1324.94'))
[N00° 26' 27"E 2659.37']
[N89°50'15"W 2650.44']
[1325.22']
FD. 2" BRASS CAP IN MON

WELL CENTER OF SECTION
2-T22S R27E CITY BM #95
PER 44-MB-61
(S89°43'50"E 2645.60')
(1322.80')
((N89°43'50"W 2645.60')) ((1322.80'))
FD. 1/2" RBR CAP LS4076
N03° 30'22"W 0.38' OF

CORNER NOT ACCEPTED
FD. PATCH & HUB & TACK
WITH 2X2 O/S PER 44 MB 53 WESTERN ((1334.44')) 1334.53' N89°27'40"W 56.00'
(N89° 33' 30"W 56.00')
S00°26'26"W 57.56'
(N00° 26' 30"E 57.46')
N89°43'46"W 340.00'
(S89°43'21"E 340.00')
S00°16'08"W 161.00'
(N00°16'11"E 161.00')
N89°43'49"W
330.63'
S47°30'19"W 27.54'
N89°45'23"W

56.02'
N89°27'16"W
103.87'
S00°26'30"W 208.71'
(N00°26' 30"W 208.71')
PHASE 1

BROWN AVENUE
N89°50'15"W 2650.44'
S89°43'48"E 2645.64'
N0°26'30"E 1324.84'
1325.22' 1325.22'
1322.82'
1322.82'
N0°32'41"E 1327.34' STREET
N00°32'44"E 26.90'
905.40'
(905.38')
S0°32'43"W 394.35' 791.61'
S89°43'49"E 15.37'
(N89°43'49"W 15.37')
S46°39'54"W 204.30'
(S46°40'09"W 204.30')
S58°07'55"W 49.97'
(N58°07'49"E 49.97')
S61°01'07"W 220.50'
(N61°01'01"E 220.50')
S51°18'15"W 223.71'
(N51°17'06"E 223.76')
REMAINDER 7.15 AC

POPLAR DITCH
(S0°32'43"W 394.35')
{N58°07'49"E 49.97'} {S46°40'09"W 204.30'}
{N61°01'01"E 220.50'}
{N51°17'06"E 223.76'}
164.68' BASIS OF BEARINGS N0°26'30"E 2659.38'
417.42' (417.42') N0°32'41"E 418.33'
FD. 2" BRASS CAP IN MON
WELL STAMPED RCE 16094
NE COR SEC 3-T22S R27E
PER 31-LS-38
FD. 2.5" RBR BRC IN WELL
NE 1/4 COR SEC 2-22/27
PER 31-LS-38
[N89°49'55"W 2640.80']
((N89°49'43"W 2640.80'))
S89°49'56"E 2640.88'
(N00° 38' 59"E 1329.92')
((N00° 38' 59"E 1329.92'))
[1329.92']
[N00° 38' 59"E 2659.85']
((1329.93'))
[1329.92']
E 1/4 COR SEC 3-T22S
R27E FD. BRASS TAG &
NAIL, TAG ILL.

PER 31-RS-38 1329.84' N0°38'51"E 2659.67' 1329.84'
FD. 2X2 O/S IN LIEU OF

C/L MONUMENT PER
44-MB-53

13.00'
[13.00']
TRACT MAP NO. _____

THE VILLAS AT SIERRA MEADOWS
PHASE 2
SHEET 2 OF 3

BASIS OF BEARINGS
THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 22 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, TAKEN AS N0°26'30"E AS SHOWN ON RECORD OF SURVEY MAP RECORDED IN BOOK 31 OF LICENSED SURVEYS AT PAGE 38, TULARE COUNTY RECORDS.

UNPLOTTABLE EASEMENTS OF RECORD

1. EASEMENT TO POPLAR IRRIGATION COMPANY, A CORPORATION, FOR WATER DITCH PURPOSES RECORDED APRIL 13, 1900 PER BOOK 97, PAGES 261-264 OF DEEDS.

2. EASEMENT TO MT. WHITNEY POWER AND ELECTRIC COMPANY FOR PUBLIC UTILITIES RECORDED AUGUST 1, 1913 PER BOOK 31, PAGE 256 OF CONTRACTS.

3. EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY FOR PUBLIC UTILITIES RECORDED MARCH 4, 1953 AS DOCUMENT NO. 6978 OF OFFICIAL RECORDS.

LEGEND
NOTE: SET 3/4" I.P. WITH CAP LS 8006 AT ALL LOT CORNERS

AND BEGINNING AND ENDING OF CURVES

FOUND AND ACCEPTED MONUMENTS AS DESCRIBED
SET CITY STANDARD MONUMENT STAMPED LS 8006
FOUND 1/2" REBAR TAGGED PLS 4076 PER BOOK 44 OF MAPS AT PAGE 61 OFFICIAL RECORDS
RECORD DATA PER MAP THE VILLAS AT SIERRA MEADOWS PHASE 1 RECORDED IN BOOK 44 OF OF MAPS AT PAGE 61 OFFICIAL RECORDS RECORD DATA PER MAP RECORDED IN VOLUME 31 OF LICENSED
SURVEYS AT PAGE 38 T.C.R.

RECORD DATA PER MAP RECORDED IN VOLUME 44 OF MAPS AT PAGE 53 TULARE COUNTY RECORDS

UNRECORDED JAYE STREET PROPERTY SURVEY PLAT PREPARED BY THE CITY OF PORTERVILLE DATED 9/15/2018

LINE INDICATES SUBDIVISION BOUNDARY
15' WIDE PEDESTRIAN ACCESS EASEMENT
RADIAL

ILLEGIBLE
R
BEING A SUBDIVISION OF THE REMAINDER OF THE VILLAS AT SIERRA MEADOWS PHASE 1, AS RECORDED OF VOLUME 44 OF MAPS, AT PAGE 61, IN TULARE COUNTY RECORDS, BEING ALSO A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 22 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN,

IN THE CITY OF PORTERVILLE, COUNTY OF TULARE, STATE OF CALIFORNIA CONSISTING OF 39 LOTS CONTAINING 7.35 GROSS ACRES, 5.07 NET ACRES AND A DESIGNATED REMAINDER CONTAINING 7.15 GROSS ACRES. TOTAL ACREAGE 14.50
JUNE 2021
ILL
www.borumlandsurveying.com

NOT TO SCALE
N

CURVE TABLE
CURVE #
C1
C2
C3
C4
C5
LENGTH

48.92 24.13

33.81 12.43

99.91 RADIUS

50.00 50.00

50.00 50.00

50.00 DELTA
56°03'50"
27°38'55"
38°44'20"
14°14'49"
114°29'21"

TANGENT

26.62 12.30

17.58 6.25

77.72 RADIAL LINE TABLE
RADIAL #
R1
R2
R3
R4
R5
R6
R7

BEARING
N62° 07' 49"E
N61° 48' 21"W
N89° 27' 16"W
S0° 16' 13"W
S38° 28' 07"E
N24° 13' 18"W
S89° 43' 47"E

PARCEL LINE TABLE
LINE #
L1
L2
L3
L4
L5
L6
L7
LENGTH

28.35 14.73

28.35 28.22

28.35 8.15

28.33 DIRECTION
S44° 35' 32"E
S0° 32' 44"W
S44° 35' 31"E
N45° 24' 29"E
N44° 35' 31"W
S89° 43' 47"E
S44° 38' 38"E N0°16'13"E 210.00'
RICHARD AVENUE 28'
FD. 1/2" RBR CAP
LS4076 N02°59'50"E

0.43' OF CORNER

NOT ACCEPTED

JOAN AVENUE MESA OAK STREET
FD. 1/2" RBR CAP LS4076
N03° 30'22"W 0.38'
NOT ACCEPTED 28' 28' 28' 28' 28' 28' 28'
28' 28'
28' 28'
28' 28'
(N0° 26' 30"E 208.71')
(N0° 16' 11"E 161.00')
(S89° 43' 49"E 340.00')
(S89°43'50"E 905.38') WESTERN
6' PUE (TYP)
6' PUE (TYP)
6' PUE (TYP)
PHASE 1
PHASE 1 44-MB-61

REMAINDER
BROWN AVENUE 25'
28' 28'
FD. 3/4" I.P. TAGGED
LS8006 PER 44-MB-61

REPLACED WITH

CITY STANDARD

BRASS DISC
FD. 3/4" I.P. TAGGED
LS8006 PER 44-MB-61

REPLACED WITH CITY

STANDARD BRASS DISC
LOT 1
6464 S.F. LOT 2
4987 S.F.

LOT 3
5250 S.F.

LOT 4
5250 S.F.

LOT 5
5250 S.F.

LOT 6
5250 S.F.

LOT 7
5250 S.F.

LOT 8
5250 S.F.

LOT 9
5250 S.F.

LOT 10
5250 S.F.

LOT 11
5250 S.F.

LOT 12
5250 S.F.

LOT 13
5250 S.F.

LOT 14
7146 S.F.

LOT 15
6600 S.F.

LOT 16
5670 S.F.

LOT 17
5250 S.F.

LOT 18
5250 S.F.

LOT 19
5250 S.F.

LOT 20
6930 S.F.

LOT 21
6930 S.F.

LOT 22
5250 S.F.

LOT 23
5250 S.F.

LOT 24
5250 S.F.

LOT 25
5670 S.F.

LOT 26
7165 S.F.

LOT 27
6930 S.F.

LOT 28
5250 S.F.

LOT 29
5250 S.F.

LOT 30
5250 S.F.

LOT 31
5670 S.F.

LOT 32
6650 S.F.

LOT 33
5286 S.F.

LOT 34
5286 S.F.

LOT 35
5286 S.F.

LOT 36
5286 S.F.

LOT 37
5286 S.F.

LOT 38
5286 S.F.

LOT 39
7095 S.F.

S89°43'47"E 604.80'
N0°32'44"E 445.74' 105.00' 105.00' 105.00' N0°16'41"E 105.00' 105.00' 105.00' 105.00' 105.00' 105.00' 105.00' 85.10'105.00' 105.00' 105.00' S0°26'26"W 84.94'

66.00' 50.00' 50.00' 54.00' 50.25' 44.59' 54.00' 50.00' 50.00' 66.00'

54.80' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 105.00' 105.00' 105.00' 105.00' 105.00' 105.00' 105.00' 105.00' 105.00' 105.00' 105.00'

50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 50.00' 71.13'

66.00' 50.00' 50.00' 50.00' 54.00' 70.00'

65.00' 54.00' 50.00' 50.00' 50.00' 66.00'
103.87'
103.87'
103.87'
103.87'
103.87' 50.89' 50.89' 50.89' 50.89' 50.89' 50.89'
N89°27'16"W 103.87' 70.00'

45.41' 54.00' 50.00' 50.00' 50.00' 66.00'
S89°43'47"E 314.59'
S89°43'47"E 315.41'
S89°43'47"E 320.25'
S89°43'46"E 340.00'
N0°32'44"E 170.00'
L1 L2
L3
L4
L5
L6
L7 C1
C2
C3
C4 C5
R1
R2
R3
R7
R6
R5R4
S89°43'48"E 905.40'

69.00'
S0°32'41"W 1327.34'
15'
15' STREET
N00°26'26"E 57.56'
(N00° 26' 30"E 57.46')
N89°27'40"W 56.00'
(N89° 33' 30"W 56.00')
10' WATER LINE EASEMENT TO THE CITY
OF PORTERVILLE BK 4146, PG. 387 O.R.

N89°43'47"W 745.76' 84.90' S0°32'44"W 355.74' S0°16'13"W 105.00' 105.00' 105.00' S89°43'48"E 83.78'
N89°27'16"W 103.88' S0°16'13"W 87.50' 133.00' N0°16'13"E 105.00' 105.00'

50.00' 50.00'

50.00'
S89°45'23"E 56.02'
N47°30'19"E 27.54'
S89°43'49"E 330.63'
S89°43'49"E 15.37' N0°32'44"E 26.90'
S0°32'43"W 394.35' 50.40' 50.89' 50.89' 50.89' 50.89' 50.89' 50.89' 105.00' C/L 10' WIDE SANITARY SEWER

EASEMENT TO THE CITY OF
PORTERVILLE PER 44-MB-61 6'
6'
N89°43'47"W 378.64' N0°16'08"E 161.00' N0°26'30"E 208.71' 75.71' 131.88' 33.40'
6' PUE (TYP)

BASIS OF BEARINGS
THE EAST LINE OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 22 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN, TAKEN AS N0°26'30"E AS SHOWN ON RECORD OF SURVEY MAP RECORDED IN BOOK 31 OF LICENSED SURVEYS AT PAGE 38, TULARE COUNTY RECORDS.

TRACT MAP NO. _____

THE VILLAS AT SIERRA MEADOWS
PHASE 2
BEING A SUBDIVISION OF THE REMAINDER OF THE VILLAS AT SIERRA MEADOWS PHASE 1, AS RECORDED OF VOLUME 44 OF MAPS, AT PAGE 61, IN TULARE COUNTY RECORDS, BEING ALSO A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 22 SOUTH, RANGE 27 EAST, MOUNT DIABLO MERIDIAN,

IN THE CITY OF PORTERVILLE, COUNTY OF TULARE, STATE OF CALIFORNIA CONSISTING OF 39 LOTS CONTAINING 7.35 GROSS ACRES, 5.07 NET ACRES AND A DESIGNATED REMAINDER CONTAINING 7.15 GROSS ACRES. TOTAL ACREAGE 14.50
JUNE 2021
LEGEND
NOTE: SET 3/4" I.P. WITH CAP LS 8006 AT ALL LOT CORNERS

AND BEGINNING AND ENDING OF CURVES

FOUND AND ACCEPTED MONUMENTS AS DESCRIBED
SET CITY STANDARD MONUMENT STAMPED LS 8006
FOUND 1/2" REBAR TAGGED PLS 4076 PER BOOK 44 OF MAPS AT PAGE 61 OFFICIAL RECORDS
RECORD DATA PER MAP THE VILLAS AT SIERRA MEADOWS PHASE 1 RECORDED IN BOOK 44 OF OF MAPS AT PAGE 61 OFFICIAL RECORDS RECORD DATA PER MAP RECORDED IN VOLUME 31 OF LICENSED
SURVEYS AT PAGE 38 T.C.R.

RECORD DATA PER MAP RECORDED IN VOLUME 44 OF MAPS AT PAGE 53 TULARE COUNTY RECORDS

UNRECORDED JAYE STREET PROPERTY SURVEY PLAT PREPARED BY THE CITY OF PORTERVILLE DATED 9/15/2018

LINE INDICATES SUBDIVISION BOUNDARY
15' WIDE PEDESTRIAN ACCESS EASEMENT
RADIAL

ILLEGIBLE
R
SHEET 3 OF 3
ILL
www.borumlandsurveying.com
SCALE: 1"=
N
50'
0' 50' 100'
Item No. 8.

CITY COUNCIL AGENDA – MAY 17, 2022
SUBJECT: Authorization to Distribute a Request for Proposals for an ADA Exterior Wheelchair Ramp Accessibility Grant Program
SOURCE: Community Development
COMMENT: At its meeting on April 21, 2020, the City Council adopted the 2020 Five-Year Consolidated Plan and 2020-2021 Action Plan for investment of Community Development Block Grant (CDBG) Entitlement Funds. This included the Owner Occupied Housing Rehabilitation Loan Program, which included $40,000 for ADA ramp grants.

The Owner Occupied Exterior ADA Ramp Grant Program (Ramp Program) proposes to assist qualified low-income senior homeowners and homeowners with a disability, to install or repair an exterior ADA ramp to their home. This will help correct health and safety hazards, improve the quality of life and independence for the senior or disabled homeowner population of the City of Porterville.

At this time, staff is requesting authorization to distribute a Request for Proposals (RFP) for the CDBG Owner Occupied Exterior ADA Ramp Grant Program. The services to be rendered under this contract would consist of, but not be limited to, the marketing, outreach and execution of the program on a reimbursement basis.

The selected subrecipient will need to be a qualified, licensed and insured nonprofit affordable housing development organization incorporated in the State of California, with a 501(c)(3) status demonstrating their qualifications, past performance and interest for the management of this program, which would include marketing of the program, client intake, inspections, bid specification and preparation, coordination of the bid process, construction oversight, billings and closeouts.

The Request for Proposal (RFP) will request a budget for all personnel, indirect costs related to additional services that may be required and projects.

RECOMMENDATION: That City Council authorize staff to distribute a Request for Proposal for the CDBG ADA Exterior Wheelchair Ramp
Accessibility Grant Program.

ATTACHMENTS: 1. Draft Request for Proposal
Item No. 8.

Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Community Development Director
Final Approver: John Lollis, City Manager
Request for Proposals
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CITY OF PORTERVILLE

REQUEST FOR PROPOSAL
RFP No.______
ADA Exterior Wheelchair Ramp Accessibility Grant Program Submittal: One PDF file must be received by:
4:00 p.m., Friday, ___________
Via the Public Purchase Website:
www.publicpurchase.com, or
[email protected]
Document Title: RFP No. __________ ADA Exterior Wheelchair Ramp Accessibility Grant Program
Late proposals will not be accepted and will be automatically disqualified from further consideration. All proposals and any accompanying documentation become the property of the City of Porterville and will not be returned.

INQUIRIES:

Proposal forms may be inspected and electronically downloaded at no cost, at the Public Purchase website, www.publicpurchase.com or [email protected]. No copies of said documents will be provided by the City. All addenda and correspondence during the bid process will be handled electronically through the Public Purchase website. Questions regarding this project are due no later than Wednesday, ____________.

Request for Proposals
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CITY OF PORTERVILLE

REQUEST FOR PROPOSAL
RFP No.______
ADA Exterior Wheelchair Ramp Accessibility Grant Program Proposal forms may be inspected and electronically downloaded at no cost, at the Public Purchase website, www.publicpurchase.com, or [email protected]. No copies of said documents will be provided by the City. All addenda and correspondence during the bid process will be handled electronically through the Public Purchase website. Questions regarding this project are due no later than Wednesday, __________.

The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit proposals in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, handicap, gender, religion or sexual orientation in any consideration leading to the award of contract.

No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity leading to the award of a contract.

The right is reserved by the City of Porterville to reject any or all proposals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted and to award the contract according to the proposal which best serves the interests of said City.

Publication Dates: _______

Request for Proposals
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Table of Contents
Section Page
I. Definitions 4
II. Purpose 4
III. Background 4
IV. Scope of Services 5
V. Proposal Requirement 6
VI. Instructions and Schedule for Submittal of Proposals 8 VII. Public Records 8
VIII. Evaluation Process and Selection Criteria 9
IX. Examination of Contract requirements and acceptance of proposal content 10
Exhibit A – Application
Exhibit B – Draft Subrecipient Agreement
Request for Proposals
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I. DEFINITIONS
For the purposes of this RFP No. ___________, the following terms shall have the meanings indicated:

1. “City” means the City of Porterville

2. “City Council” Or “Council” means the City Council of the City of Porterville

3. "Subrecipient” means the person, firm, or corporation or other entity submitting a proposal in response to the Request for Proposal.

4. “Proposal” means an individual’s or entity’s offer in response to this Request for Proposal.

5. “RFP” means Request for Proposal ___________.

6. “Contract” means the provisions and restrictions set forth in the Subrecipient Agreement

7. “Homeowner” means the eligible homeowner who is residing in the property as their principal place of residence.

II. PURPOSE
The City of Porterville is requesting proposals from qualified non-profit agencies for the administration of the ADA Exterior Wheelchair Ramp Accessibility Grant Program. It is the intent of the City to enter into an agreement to administer the ADA Ramp Program and assist qualified low- to moderate-income (LMI), as defined by HUD, senior homeowners, and homeowners with a disability, to rehab, replace or construct an exterior ADA ramp to their home in-house or by the use of a qualified contractor. A copy of the Subrecipient Agreement is attached as Exhibit B.

Proposal forms may be inspected and electronically downloaded with no cost, at the Public Purchase website, https://www.publicpurchase.com or [email protected]. No copies of said documents will be provided by the City. All addenda and correspondence during the bid process will be handled electronically through the Public Purchase website.

Any revisions to the Request for Proposals will be issued and distributed as addenda.

Proposers are encouraged to submit any questions or items for clarification in writing to the above mentioned website no later than ___________, 2022.

III. BACKGROUND
City of Porterville
The City of Porterville is located in the southeastern portion of Tulare County, in the San Joaquin Valley region of California. Located at the intersection of State Routes 190 and 65, Porterville is midway between Fresno (68 miles north) and Bakersfield (45 miles south), in the southeastern corner of Tulare County. The City of Porterville has a population of approximately 59,908 but serves as the trade and cultural center for approximately 120,000 people. The economy is a mixture of agri-business, light industry and commercial enterprise.

ADA Exterior Wheelchair Ramp Accessibility Grant Program Request for Proposals
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The City’s Community Development Services Department (CDS) is responsible for preparing and implementing a Five-year Consolidated Plan which includes identifying the needs of the community and carrying out various projects and programs with the use of U.

S. Department of Housing and Urban Development (HUD) funding, which includes Community Development Block Grant (CDBG).

Through the ADA Exterior Wheelchair Ramp Accessibility Grant Program, identified in the 2020 Consolidated Plan, is a program designed to provide individuals with disabilities and the elderly (62 or older) that need barrier removal to make their homes easily accessible with the installation of a wheelchair ramp.

IV. SCOPE OF SERVICES
The Subrecipient will administer the ADA Exterior Wheelchair Ramp Accessibility Grant Program and will assist qualified LMI senior homeowner, and homeowner with a disability, to rehab, replace or construct an exterior ADA ramp to their home in-house or by the use of a qualified contractor.

A. The Subrecipient will be responsible for the intake of all applications. The homeowner is to be a qualified LMI household following the completion of construction of an ADA Ramp.

An “Income‐Qualified” household is a household whose annual income is between 30% and 80% of the Area Median Income (AMI). The following chart is an example of the 2022 AMI Limits for the City of Porterville issued by HUD. However, at the time of application approval the most current income limits available must be used. 2022 Area Median Income for the City of Porterville
B. The homeowner must provide proof of homeownership and occupy the property as their principal place of residence. The Subrecipient will be responsible for obtaining this proof.

C. It is the responsibility of the Subrecipient to establish a waiting list for the ADA Ramp Program. In the event that the application and property are deemed an “Emergency Application” the application is moved to a priority status position on the waiting list.

D. The Subrecipient must obtain a Preliminary Title Report as part of the application process and such report must show that the property is free and clear of liens, and that there is no more than two existing deeds of trusts, preferably only one deed of trust, secured by the property. It must also agree with the information shown on the application. In a case where there is derogatory information attached to the property, HH
Size 1 2 3 4 5 6 7 8
50%
AMI $24,650 $27,900 $31,400 $34,850 $37,650 $40,450 $43,250 $46,050 80%
AMI $39,050 $44,600 $50,200 $55,750 $60,250 $64,700 $69,150 $73,600 Request for Proposals
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full documentation must be obtained, explained and cleared in order to continue with the application process.

E. The Subrecipient will be responsible for determining property eligibility, including, but not limited to, must be single-family detached housing or condominiums, residence must be in compliance with local zoning ordinance and building code enforcement law, whether the property is located in City limits, and if there are any code-related deficiencies pending
F. The Subrecipient will be responsible for evaluating the property as to whether or not the property is on the State Historic Places Register, National Register of Historic Places. If so, the rehabilitation must be done in accordance with the standards set by the State of California or U. S. Secretary of the interior, as applicable.

G. The Subrecipient will be responsible for evaluating the property as to whether or not there are lead base paint abatement costs. If a property is eligible for the program and was built prior to 1978, then the participant will receive and sign a notice of lead base paint disclosure from the Subrecipient. All applicable State and Federal Regulations concerning lead base paint must be adhered to.

H. If the Subrecipient does not perform all the work completed in-house and elects to hire contractors for any part of the repair or installation of the ADA ramps, the contractors must be licensed Bonded Contractors. The Subrecipient shall solicit, qualify, and prepare a list of qualified contractors eligible to respond to all Invitations to Bid periodically tendered through the Program
I. The Subrecipient shall be responsible for creation of the write-up and scope of work and will be the mediator between homeowner and Contractor. Subrecipient shall also be responsible for the Notice to Proceed as well as any Change Orders for the project.

Inspection by the City shall be scheduled by the Subrecipient. Contractor payments will be paid upon completion of work by Subrecipient; then the City will remit reimbursement to Subrecipient.

J. The value of the assisted property after rehabilitation must not exceed ninety-five percent (95%) of the median purchase price for the area, as published by HUD, or, in accordance with the Final Rule, as determined locally through market analysis.

V. PROPOSAL REQUIREMENTS
All proposals shall be organized in the following manner:

A. Contact Information
Name, address and telephone number of the Subrecipient. The name and title of the individual authorized to negotiate contract terms and make binding commitments shall be included.

B. Provider Capacity and Experience
a. Project Team Structure/Internal Controls – Provide a description of the proposed project team structure and internal controls to be used during the course of the Request for Proposals
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project, including any subcontractors. Provide an organizational chart of the Subrecipient indicating lines of authority for personnel involved in performance of this potential contract and relationships of this staff to other programs or functions of the Subrecipient. This chart must also show lines of authority to the next senior level of management. Include who within the Subrecipient will have prime responsibility and final authority for the proposed work. b. Staff Qualifications/Experience – Identify staff, including subcontractors, who will be assigned to the potential contract, indicating the responsibilities and qualifications of such personnel, and include the amount of time each will be assigned to the project. Provide resumes' (not to exceed two (2) pages per person) for the named staff, which include information on the individual’s particular skills related to this project, education, experience, significant accomplishments and any other pertinent information. The Subrecipient shall commit that staff identified in its Proposal will actually perform the assigned work. Any staff substitution must have the prior approval of the City.
c. Experience of the Subrecipient – Indicate the experience the Subrecipient and any subcontractors have in the following areas:
i. Indicate other relevant experience that indicates the qualifications of the Subrecipient, and any subcontractors, for the performance of the potential contract.
ii. Include a list of contracts the Subrecipient has had during the last five (5) years that relate to the Subrecipient’s ability to perform the services needed under this RFP. List contract reference numbers, contract period of performance, contact persons, telephone numbers, and fax numbers/e-mail addresses. The Subrecipient grants permission to the City to contact the list provided.

C. References
List names, addresses, telephone numbers, and fax numbers/e-mail addresses of three (3) business (preferably municipalities or other entities who service loans funded with Community Development Block Grant funds or other HUD funding) references for whom work has been accomplished and briefly describe the type of service provided.

The Subrecipient grants permission to the City to contact the references provided. Do not include current City staff as references. The City may evaluate references at the City’s discretion.

D. Related Information
If the Subrecipient has had a contract terminated for default in the last five (5) years, describe the incident. Termination for default is defined as notice to stop performance due to the Subrecipient’s non-performance or poor performance and if the issue of performance was either:
a. Not litigated due to inaction on the part of the Proposer, or b. Litigated and such litigation determined that the Proposer was in default. Submit full details of the terms for default including the other party's name, address, and phone number. Present the Subrecipient’s position on the matter. The City will Request for Proposals
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evaluate the facts and may, at its sole discretion, reject the Proposal on the grounds of the past experience. If no such termination for default has been experienced by the Subrecipient in the past five (5) years, so indicate.

The City Of Porterville reserves the right to request additional material or information from the Subrecipient as needed.

VI. INSTRUCTIONS AND SCHEDULE FOR SUBMITTAL OF PROPOSALS All proposals shall be signed and sealed by a duly authorized representative of the Subrecipient. The name and mailing address of the individual executing the proposal must be provided.

The City of Porterville is not liable for any costs incurred by any Subrecipient in relation to the preparation or submittal of proposals. Pre‐agreement expenses include, but are not limited to, expenses by Subrecipient in: preparing a proposal or related information in response to RFP; negotiations with City on any matter related to this RFP; and costs associated with interviews, meetings, travel or presentations. Additionally, City shall not be liable for expenses incurred as a result of City’s rejection of any proposals made in response to this RFP.

Submittal: One PDF file must be received by:
4:00 p.m., Friday, ___________
Via the Public Purchase Website:
www.publicpurchase.com, or
[email protected]
Document Title: RFP No. __________ ADA Exterior Wheelchair Ramp Accessibility Grant Program
Late proposals will not be accepted and will be automatically disqualified from further consideration. All proposals and any accompanying documentation become the property of the City of Porterville and will not be returned.

INQUIRIES:

Proposal forms may be inspected and electronically downloaded at no cost, at the Public Purchase website, www.publicpurchase.com or [email protected]. No copies of said documents will be provided by the City. All addenda and correspondence during the bid process will be handled electronically through the Public Purchase website. Questions regarding this project are due no later than Wednesday, ____________.

VII. PUBLIC RECORDS
All qualifications/proposals submitted in response to this RFP become the property of the City and under the Public Records Act (Government Code §6250 et. seq.) are public records, and as such may be subject to public review at least ten days before selection and award.

Request for Proposals
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If a Subrecipient claims a privilege against public disclosure for trade secret or other proprietary information, such information must be clearly identified in the proposal. Note that under California law, price proposal to a public agency is not a trade secret.

VIII. EVALUATION PROCESS AND SELECTION CRITERIA
The City will conduct the selection process. The City is the final decision‐maker regarding this selection, and it reserves the right to reject any or all responses or to terminate negotiations at any time. Evaluation and selection of proposals will be based on the information requested in this RFP. Brochures or other promotional presentations beyond that are sufficient to submit a complete and effective proposal are not desired. Elaborate artwork, expensive paper or binders, and expensive visuals are not necessary.

Responses to this RFP will be initially reviewed and evaluated by the Community Development Financial Assistance Review Committee (CDFARC).

CDFARC will issue recommendations to the City Council. The City reserves the right to request clarification or additional information from individual respondents and to request some or all respondents to make presentations to City staff, community groups, or others.

The City reserves the right to obtain clarification or request additional information, including an interview. If an interview is required, they will be scheduled for _______________. Proposals will be evaluated and ranked according to the following criteria:

Criteria Points
Understanding of the project and scope of
services
40 Experience in the disciples directly relevant to
the project and scope of services
30 Proposed budget 30
Following an evaluation of the proposals, it is expected that the selected agency(ies) will be recommended to the City Council for approval. If approved by the City Council, a Subrecipient agreement will be executed between the City of Porterville and the selected agency(ies).

The City of Porterville, as a unit of local government, reserves the right to reject any and/or all proposals, reserve the right to waive any formalities or irregularities in the proposal or evaluation process, and reserve the right to award contract(s) in the best interest of the City of Porterville. In addition, the City will not reimburse costs associated with the preparation or presentation of the proposals.

Request for Proposals
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The award, if made, will be on a reimbursement method, within (30) days from invoice to the City only after clearance of final inspection of each eligible project. Proposer agrees and so stipulates in submitting this proposal, as though stated therein that:

1. Proposer is an independent Subrecipient, not an employee, agent, or officer of the City.

2. Subrecipient Agreement, should it be awarded, shall be interpreted, construed, and given effect in all respects according to the laws of the State of California.

3. Should Subrecipient be awarded contract, Subrecipient shall not assign contract, or any part thereof, or any moneys due or to become due thereunder, without prior consent of the City.

4. Proposer shall indemnify and hold harmless the City, its officers, officials, employees, and agents from and against all claims, damages, losses, and expenses caused in whole or in part by any negligent act or omission of the Subrecipient, its Contractors, subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct by the City.

5. Proposer shall hold the City harmless from liability of any nature or kind, including cost and expenses for infringement or use of any copyrighted composition, secret process, patented or unpatented invention, article or appliance furnished or used in connection with the contract.

6. Proposer warrants that no gratuities, in the form of gifts, entertainment, or otherwise, were offered or given by the contractor, to any officer or employee of the City with a view toward securing the contract or securing favorable treatment with respect to any determination concerning the performance of the contract. For breach or violation of this warranty, the City shall have the right to terminate the contract, either in whole or in part. The rights and remedies of the City provided in this clause shall not be exclusive, and are in addition to any other rights and remedies provided by law or under the contract.

7. Proposer agrees that they will make the payment to the Contractor and then submit to the City for reimbursement.

IX. EXAMINATION OF CONTRACT REQUIREMENTS AND ACCEPTANCE OF

PROPOSAL CONTENT
Before submitting a proposal, Subrecipient must satisfy themselves by personal examination of the proposal requirements and other contract documents, and by any other means as they may believe necessary, as to the actual conditions, requirements, and difficulties under which the work must be performed and to verify any representations made by the City of Porterville, upon which the offer or will rely.

The submission of a proposal shall be considered conclusive evidence that the Subrecipient has carefully investigated all conditions that affect, or may at some future date affect, the performance of services covered by this solicitation, and is satisfied as to the character, quality, and quantities of work to be performed and as to the requirements of the proposal.

Submission of a proposal shall also be evidence that the Subrecipient is familiar with Request for Proposals
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directives that in any way affect prosecution of the work or persons engaged or employed in the work.

No Subrecipient shall at any time after submission of a proposal make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for satisfactory performance under the contract. If the Subrecipient receives an award as a result of this Request for Proposals, failure to have made such investigations and examinations will in no way relieve the Subrecipient from its obligations to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such conditions and requirements be accepted as a basis for claim whatsoever by the Subrecipient for additional compensation. Any errors, omissions, or discrepancies found in the specifications or other contract documents shall be called to the attention of the City and clarified prior to the submission of proposals.

Should the Subrecipient feel there has been a supplemental or oral modification, it shall be their responsibility to verify said modification in writing prior to submission of the proposal.

The contents of the proposal of the successful Subrecipient shall become contractual obligations if procurement action ensues. Failure to accept these obligations in a contractual agreement shall result in cancellation of award.

A. WITHDRAWAL OF PROPOSALS
Any proposal may be withdrawn at any time prior to the time fixed in the public notice for the receipt of proposals, only by written request for the withdrawal of the proposal filed with the Community Development Department. The request shall be executed by the Subrecipient or their duly authorized representative. The withdrawal of a proposal does not prejudice the right of the Subrecipient to file a new proposal. No proposal may be withdrawn after the time fixed in the public notice for the receipt of proposals.

B. REJECTION OF PROPOSALS
Failure to meet the requirements of the RFP may be cause for rejection of the proposal.

The City may reject the proposal if it is deemed incomplete, contains irregularities of any kind or is offered conditionally. The City reserves the right to reject any and all proposals without cause and to waive information and minor irregularities in any proposal received. The proposal is to be prepared in such a way as to provide a straightforward, concise delineation of the information requested. Proposals which contain false or misleading statements, or which do not support an attribute or condition claimed by the Subrecipient, may be cause for rejection of the proposal. If, in the opinion of the City, such information was intended to mislead the City in its evaluation of the proposal, it will be cause for rejection of the proposal.

C. RIGHT TO REQUIRE PERFORMANCE
The failure of the City at any time to require performance by the Subrecipient of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provision hereof be taken or Request for Proposals
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held to be waiver of any succeeding breach of such provision or as a waiver of any provision itself.

D. ETHICS IN PUBLIC CONTRACTING
Each Subrecipient, by submitting a proposal, certifies that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act by submitting a proposal, the Subrecipient certifies that its proposal was made without fraud; that it has not offered or received any kickbacks or inducements from any other Subrecipient in connection with the request for proposal; and that it has not conferred on any public employee, public member or public official having responsibility for this procurement transaction, any payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value.

The Subrecipient further certifies that no relationship exists between itself and the City or another person or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City of Porterville.

Prior to the award of any contract, the potential Subrecipient may be required to certify in writing to the Purchasing Division that no relationship exists between the Subrecipient and any City employee, officer, official or agent that interferes with fair competition or is a conflict of interest with respect to a contract with the City of Porterville.

More than one proposal from an individual, firm, partnership, corporation or association under the same or different names may be rejected. Reasonable grounds for believing that a Subrecipient has interest in more than one proposal for the work solicited may result in rejection of all proposals in which the Subrecipient is believed to have an interest.

E. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of the contract, Subrecipient agrees to the following:

Proposer shall comply with all the requirements, when applicable, of the California Fair Employment Practice Commission and provisions of, when applicable, all Federal, State of California, County of Tulare and City of Porterville laws and ordinances related to employment practices.

Proposer shall not discriminate against any employee or homeowner on the basis of race, religion, color, gender, age, handicap, national origin or ancestry, except when such a condition is a bona fide occupational qualification reasonably necessary for the normal operations of the Subrecipient. The Subrecipient agrees to post in conspicuous places, visible to the employees and homeowners, notices setting forth the provisions of this nondiscrimination clause.

Proposer, in all solicitations or advertisements for employees, placed by, or on behalf of the Subrecipient, shall state that Subrecipient is an Equal Opportunity Employer.

F. VENUE
Any contract resulting from this solicitation shall be governed by, and construed in Request for Proposals
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accordance with, the laws of the State of California. Venue for any litigation arising out of the contract will be vested in Tulare County, California.

G. PROPRIETARY INFORMATION
The proposals received shall become the property of the City of Porterville and are subject to public disclosure. Proposal prices and information submitted by Subrecipients will be made available after City Council has approved award of contract.

Proposers are to indicate any restrictions on the use of data contained in their responses.

Those parts of a proposal which are defined by the Subrecipient as business or trade secrets, as that term is defined in California Government Code, Section 6254.7, and are reasonably marked as “Trade Secrets”, “Confidential” or “Proprietary” shall only be disclosed to the public if such disclosure is required or permitted under the California Public Records Act or otherwise by law. Proposers who indiscriminately and without justification identify most, or all, of their proposal as exempt from disclosure may be deemed non-responsive.

Exhibit A – Application
Exhibit B – Draft Subrecipient Agreement
Request for Proposals
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Exhibit A: Application
City of Porterville
Request for Proposals
291 N Main St.

Porterville CA 93257
ADA Exterior Wheelchair Ramp Accessibility Grant Program Subrecipient Application Organization Name:

Program Name
Address
E-mail Address Phone
Contact Person/Title
Potential number of persons/individuals served in general by proposed program:

Potential number of Porterville Residents served by proposed program:

Please answer the following questions completely. If any questions are left unanswered, your application will NOT be considered. You may attach additional sheets and/or supporting materials as needed.

Project Description (Briefly describe the proposed project, including services to be provided and activities to be accomplished. Why is there a need for this program in the City of Porterville? Identify the location of the project and the boundaries of its service area. Also, describe specifically what the requested CDBG funds will be used for.) Request for Proposals
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Target Population (Please describe the target population and number of unduplicated Porterville residents to be served from the approval of this project. Describe how the expected number of clients was determined and how you will reach your target population. Explain why this program is needed for this target population.)
Experience in the disciples directly relevant to the project and scope of services (Please describe the experience of the Organization in performing the tasks outlined in the RFP) Budget (Itemize administrative and operational costs, [i.e., rent, telephone, utilities, advertising etc.] of the proposed project. Include a work description and construction cost estimates if applicable. Please be specific and detailed.) ___________________________________ ___________________________________ Signature of person responsible for the program Title of person responsible for the program ______________________
Date
Request for Proposals
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Exhibit :B: Subrecipient Agreement

SUBRECIPIENT AGREEMENT

RECITALS
WHEREAS, the City is a California municipal corporation which has received funds from the United States Department of Housing and Urban Development, Community Development Block Grant for the purpose of providing decent, safe, sanitary and affordable housing for low- to moderate-income households in the City; WHEREAS, the City desires to help correct health and safety hazards, improve the quality of life and independence for low, moderate and middle income senior or disabled homeowner population of the City of Porterville;
WHEREAS, to promote this goal, the City has established requested proposals from qualified non-profit agencies for the administration of the ADA Exterior Wheelchair Ramp Accessibility Grant Program as part of the 2020 CDBG Consolidated Plan;
WHEREAS, the Subrecipient will administer the ADA Exterior Wheelchair Ramp Accessibility Grant Program and will assist qualified low- to moderate-income senior homeowners, and homeowners with a disability, to rehab, replace or construct an exterior ADA ramp to their home in-house or by the use of a qualified contractor.

WHEREAS, the Property is to be an owner-occupied residence by a qualified low- to moderate-income household following the completion of construction; and WHEREAS, the City has an interest in insuring that the Property funded by the Program is properly maintained and remains attractive.

NOW, THEREFORE, in consideration of the promises contained below and other good and sufficient consideration, the receipt of which is hereby acknowledged, the City and the Subrecipient agree to the following program policies and procedures:

Definitions. For purposes of this Agreement, the following definitions shall apply:
 Low Income: A family whose income does not exceed (50%) of the median family income for the area, as determined by HUD with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than (50%) of the median income for the area on the basis of HUD findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes.
 Moderate Income: A family whose income does not exceed (80%) of the median family income for the area, as determined by HUD with adjustments for smaller and larger families, except that HUD may establish income ceilings higher or lower than (80%) of the median income for the area on the basis of HUD findings that such variations are necessary because of prevailing levels of construction costs or fair market rents, or unusually high or low family incomes.
 Eligible Household: A household whose annual income does not exceed eighty percent (80%) of area median income for Porterville County, adjusted for family size.

1. HOMEOWNER ELIGIBILITY. The Subrecipient will be responsible for the intake of all applications.

The Subrecipient, Contractor/Lender and City will be responsible of ensuring that all grant documents meet all minimum threshold requirements.

A. Determining the Income of homeowner under HUD regulations To qualify under the program, the family gross income shall not exceed eighty-percent (80%) of the Visalia-Porterville-Tulare (107) Metropolitan Statistical Area median income. The income is adjusted for smaller and larger families. This will determine whether or not a homeowner is above or below the published HUD income limits. The homeowner will be required to provide all Request for Proposals
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documentation and information to the Subrecipient and the City. The Subrecipient will forward the information, with the homeowner(s) file, when completed, directly to the City of Porterville.

Documentation will be kept in the homeowner file and held in strict confidence.

For the ADA Exterior Wheelchair Ramp Accessibility Grant Program (ADA Ramp Program) the City of Porterville has chosen, to define, “annual income”, (Federal Regulations, 24 CFR 92.203 (b) (1), which references 24 CFR 5.609). All income will be verified through W-2 forms, recent pay stubs, benefit statements for SSA, SSI, and SDI and other verified documentation. “Family” is defined as “all persons living in the same household who are related by birth, marriage, or adoption” (Federal Regulations, 24 CFR Part 470.3 and 24 CFR Part 92.203 (a) (2)). “Adjusted Annual Income” calculations are not acceptable. If a particular source of regular income is not subject to federal taxes (e.g., certain types of disability and public assistance payments, military allowances), the amount of continuing tax savings attributable to the non-taxable income source may be added to the borrower’s gross income. The percentage of income that may be added may not exceed the appropriate tax rate for that income amount, and no additional allowances for dependents are acceptable. The lender must document and support the adjustments (the amount the income is “grossed up”) made for any non-taxable income source. Child support income cannot be grossed up. If the borrower is not required to file a federal income tax return, the tax rate to use is twentyfive percent (25%).

Subrecipient staff is required to re-examine the family’s income at the time the CDBG assistance is provided, if more than six month has elapsed since the Subrecipient determined that the family qualified as income eligible.

B. Definition of an Eligible Property
An eligible homeowner is an individual or individuals or an individual and his or her spouse who are currently on title as the homeowner and occupant to real property (single family dwelling) within the City of Porterville. Co-borrowers/co-owners, other than homeowner will not be permitted.

The homeowner must provide proof of ownership and occupy the property as their principal residence. The following forms of ownership are allowable:
a. Fee simple title
b. 99-year leasehold interest in the property
c. An equivalent form of ownership approved by US HUD; Life estates are not an approved form of equivalent ownership.
d. Primary residence (homeowner occupied) that is not being offered for sale e. Within the City of Porterville City limits
f. Current on property taxes, insurance and mortgage
Note: If the homeowner is elderly and need a family member on title, a document indicating that they are on the title only may be permitted.

In order to be considered for an ADA Ramp Program, homeowners must have met the minimum eligibility requirements for income (not exceeding 80% of median) and residency in the Porterville city limits as an homeowner, utilizing the participation application of the ADA Ramp Program AND:
a. The property must have sufficient After-Rehab-Value-Equity to support the cost of rehabilitation required to meet the ADA Ramp program’s minimum standards. Equity, in this particular program, is defined as the difference between the After-Rehab-Value of the property, as determined by staff, which is calculated from an appraisal and rehab costs, and the amount of debt encumbered against the property. Section 215(b) of the National Affordable Housing Act (NAHA) requires that the initial purchase price or after-rehabilitation value of homeownership units assisted with CDBG funds not exceed 95 percent of the area median purchase price for single family housing, as determined by HUD. The Visalia-TularePorterville Area (107), current limit is $243,000 as of April 1, 2021.

Request for Proposals
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b. The mortgage liens, including the first mortgage, cannot exceed more than seventy-five percent (75%) of the value of the property based upon an appraisal and in accordance to the City’s Policy and Procedures.
c. Asset Limitations: The homeowner cannot own any other residential property, including income-producing property, and undeveloped/unimproved land.

The eligible homeowner must have repairs that are needing corrections of hazardous, unhealthy or other unsafe conditions that pose a threat to the well-being of the occupying family or will improve the accessibility and quality of life and independence for the senior or disabled homeowner.

The Subrecipient will process applications on a first come first serve basis. All outreach efforts will be made under an affirmative fair housing marketing plan. City of Porterville employees are eligible homeowners.

C. Emergency Applications
In the event the improvements are an emergency and the homeowner and property are deemed eligible, the Subrecipient will review and conduct an initial home review and work write-up. The homeowner information must be verified prior to work being started, but homeowners are moved to a priority position on the waiting list.

D. Title Report Requirements
The Subrecipient must obtain a Preliminary Title Report as part of the application process. This file will be included in their grant. The Preliminary Title Report (PIRT) should reflect a property that is free and clear of all liens, and that it has no more than two existing deeds of trust, preferably only one deed of trust, secured by the property. The Preliminary Title Report must agree with the information shown on the application. In a case where there is derogatory information attached to the property, full documentation must be obtained, explained and cleared in order to continue with the application process.

E. Conflict of Interest
In accordance with Title 24, Section 92.356 of the Code of Federal Regulations; conflict of interest applies. Such code indicated that no person who exercise or has exercised any functions or responsibilities with respect to activities assisted with CDBG funds or who is in a position to participate in a decision making process or gain inside information with regard to these activities, may obtain a financial interest or benefit from a CDBG assisted activity or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds there under, either for themselves or business ties, during their tenure or for one year thereafter. The Conflict of Interest provisions apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the participating jurisdiction, State recipient, or sub recipient which are receiving CDBG funds. Exceptions to this policy are identified within Title 24, Section 92.356 (d) to this.

2. PROPERTY ELIGIBILITY. Housing that is rehabilitated with CDBG funds must meet all applicable local codes, rehabilitation standards, ordinances, and zoning ordinances at the time of project completion. In the absence of a local code for rehabilitation, CDBG-assisted rehabilitation must meet Uniform Building Code (ICBO), National Building Code (BOCA), or the Minimum Property Standards (MPS) in 24 CFR 200.925 or 200.

A. Location and Property Characteristics
Eligible properties located within the incorporated properties of the City of Porterville will be considered. Properties eligible for the program must be single-family detached housing or condominiums. The residence must be in compliance with local zoning ordinance and building code enforcement laws. Any property located in a flood zone will be required to provide a proof of flood insurance prior to the approval of the project. Additionally, as a requirement for receipt of CDBG funds, an inspection of the property must be completed by the City of Porterville, with the City Inspector determining the repairs.

Request for Proposals
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B. Tenancy of Eligible Homeowner (Property)
Because of relocation issues, no occupied rental properties will be eligible under the program.

Eligible homeowners must occupy the property as their principal residence. The grant will become due and payable upon discovery of willful misrepresentation or fraud in connection with the program. The homeowners will be required to provide proof of occupancy at the request of the Subrecipient.

C. Property Values
a. To utilize CDBG funds, the value of the assisted property after rehabilitation must not exceed ninety-five percent (95%) of the median purchase price for the area, as published by HUD, or, in accordance with the Final Rule, as determined locally through market analysis. b. To establish project eligibility, after-rehabilitation value must be established prior to any work being performed. The after-rehabilitation value may be established by one or more of the following methods, however, the City’s preference is to utilize a current appraisal as its confirmation of analysis.
i. Estimates of value: Estimates of value by the Subrecipient may be used. Project files must contain the estimate of value and document the basis for the value estimates. Estimates of value by the Subrecipient may be used. Project files must contain the estimate of value and document the basis for the value estimates. This can be obtained through a Licensed Real Estate Broker (Realtor) who can provide the average price per square footage through a Consumer Market Analysis, of homes in the area of the proposed property, with the same number of bed and bathrooms and the same square footage, which have been sold within the past 6 months
ii. Appraisals: Appraisals may be used. Project files must document the appraised value and the appraisal approach used.
iii. Tax assessments: Tax assessments for a comparable property located in the same neighborhood may be used to establish the after-rehabilitation value if the assessment is current and accurately reflects market value after rehabilitation.

D. Condition of Property
Eligible properties must not have any code-related deficiencies pending. Program funds will not be disbursed until the code-related deficiencies are corrected. Any property that requires repairs will be re-inspected prior to the commitment of any program funds to ensure that all repairs have been completed. Program funds will not be utilized to assist a family if doing so will create overcrowding conditions. A copy of the city inspection card must be placed into the homeowner file. Property standards are provided in 24 CFR 92.251 when utilizing CDBG funds.

E. Environmental Documentation and Requirements
24CFR, Code of Federal Regulations, SubPart A- Purpose, Legal Authority, Federal Laws and Authorities provides instructions and guidance to conducting an environmental review for a particular project or activity and for obtaining approval of a “Request for Release of Funds.” The City of Porterville must certify that it has complied with the requirements that would apply to HUD under these laws and authorities and must consider the criteria, standards, policies and regulations of these laws and authorities under 58.5 (a) Historic Properties; 58.5 (b) Floodplain management and wetland protection; 58.5 (c) Coastal Zone Management (does not apply to our area); 58.5 (d) Sole source aquifers; 58.5 (e) Endangered species; 58.5 (f) Wild and Scenic Rivers;

58.5 (g)Air quality; 58.5 (h) Farmlands protection; 58.5 (I) HUD Environmental Standards; and 58.5 (j) Environmental justice. Once a Property has been identified and the homeowner has been deemed eligible for program participation, the Subrecipient, must submit the Scope of Work to the City of Porterville and the City will complete an Environment Review Report (ERR). Once the ERR process is complete, the City will give approval for the Project to begin, given all other eligibility factors have been met.

Request for Proposals
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F. Flood Insurance Requirements
If the property is located within the 100-year floodplain designated by the currently published Federal Emergency Management Agency flood plain maps, flood insurance must be maintained for the term of the grant. A copy of the flood insurance policy will be provided to the Subrecipient for compliance, prior to approval of and program funds. 24 CFR 55 FloodPlain Management Apply.

Flood Insurance must be taken for the life of a grant, or the useful life of an improvement funded.

G. Historic Register and Preservation
Each property utilizing the ADA Ramp Program must be evaluated as to whether or not the property is on the State Historic Places Register, National Register of Historic Places. If so, the rehabilitation must be done in accordance with the standards set by the State of California or U. S. Secretary of the interior, as applicable.

H. Lead Hazard Inspection and Correction
Residential property constructed prior to 1978 may have lead base paint abatement costs and lengthy complications. If a property is eligible for the program and was built prior to 1978, then the homeowner will receive and sign a notice of lead base paint disclosure from the Subrecipient. All applicable State and Federal Regulations concerning lead base paint must be adhered to. A certified lead base paint inspector must be used to evaluate the property and ensure that all federal lead base paint procedures, including any abatement, are followed. Any requirement for lead base paint testing and/or required abatement must be completed prior to investment of program funds. SubPart K, 24 CFR 570.608 and 24 CFR 35 for Lead-Based Paint Poisoning Prevention in Certain Residential Structures.

All units in a project assisted with CDBG funds must comply with the regulation implementation Title X of the 1992 Housing and Community Development Act (24 CFR Part 35). The lead-based paint regulation consolidates all lead-based paint requirements for HUD assisted housing. Particular attention should be given to subparts A, B, J, K, M, and R.

3. ELIGIBLE REHABILITATION
A. Rehabilitation Standards
The Rehabilitation Standards are listed as Attachment 7 to the “City of Porterville Housing Rehabilitation Program Guidelines” Located on the City’s website:
https://www.ci.porterville.ca.us/departments/community_development/housing.php B. Homeowner Occupancy
Section 105(c)(3) of the authorizing statute, the Housing and Community Development Act of 1974, requires that, in order for an activity that involves the acquisition or improvement of property for housing to qualify as benefiting LMI income persons, the housing must be occupied by such persons.

Occupancy of the assisted housing by LMI income households under this subcategory is determined using the following general rules:
a. All assisted single unit structures must be occupied by LMI income households, b. An assisted two-unit structure (duplex) must have at least one unit occupied by a LMI income household, and
c. An assisted structure containing more than two units must have at least 51% of the units occupied by LMI income households.

C. Property Maintenance Standards/Homeowner’s Certifications Homeowners must certify that as a condition of receiving financial assistance, they will agree to:
a. Maintain the Property, dwelling unit, improvements, landscaping and fixtures in good repair and shall keep the Property free from any accumulation of debris or waste materials, consistent with the customary practice and so as not to create a nuisance or violate any provision of the City of Porterville Municipal Code.
b. Agree not to create overcrowded conditions at their property as defined by the Housing Quality Request for Proposals
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Standards.
c. Pay the property taxes in a timely manner, and to maintain property insurance for the dwelling units.
d. Maintain all exterior painted surfaces at all times in a clean and presentable manner, free from chipping, cracking and defacing marks. Any such defacing marks shall be cleaned or removed within the time as set forth in subparagraph (f) below. e. Maintain the front exterior, visible side exteriors and yard in a clean, safe and presentable manner, free from defacing marks or any disrepair, and maintain and/or repair the front exterior or rear or visible side yard and exterior of the dwelling unit. f. Remove/Repair all graffiti and defacement of any type, including marks, words and pictures.

The graffiti must be removed and any necessary painting or repair completed within one week of their creation or within one week after notice.
g. Maintain the property with respect for the improvements value as well as the neighborhood appearance.

D. Eligible Project Costs
An ADA Ramp Program may include funds to cover certain costs and charges relating to processing the grant application and closing costs. Accordingly, an ADA Ramp Program may provide for the costs of the following:
a. A fee may be included in the grant amount to offset administrative costs of the program, including grant servicing, title reports and grant processing fees; b. All expenses related to the paper work for processing the grant application; i.e., Preliminary Title Report, credit report fees, ALTA title insurance, and document preparation and recording fees of title company;
c. All temporary relocation expenses, if applicable (limitation) d. Contractor payments, including Change Orders approved by Homeowner, Contractor, Subrecipient and Community Development Financial Assistance Review Committee, hereinafter referred to as CDFARC;
e. All building permit fees obtained for the rehabilitation work if these fees are not included in the contractor’s fees or shown in the scope of work;
f. Architectural or other design services, if applicable; E. Eligible Repairs
The following repairs are eligible costs for a rehabilitation grant under the ADA Ramp Program:
a. Installation/ Repair of Exterior ADA ramp
b. Grab bars
c. Exterior Paint: Evidence of peeling paint, cracks, holes; repair or replace as needed as a result of the installation or repair of the ADA Ramp.
d. Accessibility for disabled or elderly persons(62years and older); project costs incurred by the Subrecipient directly related to the project
e. Testing for the presence of lead-based paint and associated control/abatement, as required.

Note: Replacement and repair of fencing (e.g. chain-link, wood, vinyl, etc.) along property line frontages may be considered eligible for funding, if the existing fencing poses an extreme hazard to public health and safety and is necessary as a function of the ADA Ramp usage.

F. Ineligible Repairs
The following repairs are not eligible costs for rehabilitation work under the ADA Ramp Program. a. Any Interior Repairs or housing rehabilitation not directly related to the installation or repair of an Exterior ADA Ramp, including, but not limited to: Cooling, Electrical Hazards, Heating, Plumbing, Roofs, Structural, and Interior Paint.
b. New construction, substantial reconstruction, or the finishing of unfinished spaces unless otherwise stated in this policy.
c. Standalone materials, fixtures, equipment or landscaping of any type. d. Refinancing the existing debt on property or delinquent property taxes. e. ADA Grant will not be used to finance or obtain any of the following items: Barbecue pit, Request for Proposals
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bathhouse, burglar alarm, fire extinguisher, greenhouse, hot tub/spa, kennel, swimming pool, television antenna, valance or cornice board, wallpapering, and other luxury items.

4. FINANCING AND TERMS. An eligible homeowner may qualify for the maximum funds. The amount of funds available range from a minimum of $1,000 up to a maximum of $10,000 for eligible ADA Ramp installation or repairs. The assistance will be made in the form of a Grant.

5. CONTRACTORS PERFORMANCE STANDARDS. If the Subrecipient does not perform all the work completed in-house and elects to hire contractors for any part of the repair or installation of the ADA ramps, the contractors must be licensed Bonded Contractors. The Subrecipient shall solicit, qualify, and prepare a list of qualified contractors eligible to respond to all Invitations to Bid periodically tendered through the Program. Any person who believes himself or herself qualified to conduct housing rehabilitation work through the Program may submit a statement of qualifications to the Subrecipient. Prospective contractors must be capable of craftsman-like work such as meeting applicable codes, be able to complete contracted work in a timely and business-like manner, provide satisfactory business, credit and professional references, be licensed, bonded and insured in the State of California, and not be debarred from work on HUD funded projects. SAM.gov registration is required and documentation must be on file for each contractor selected.

The contractor may be subject to corrective action up to and including removal from the Contractor List and prohibition from participation in City programs for any one or a combination of the following paragraph.

A. Debarred Contractors
Debarment by HUD is an exclusion from participation in all Federal programs for a reasonable, specified period of time commensurate with the seriousness of a violation of or failure to perform on other contracts. Such action is taken pending the elimination of the circumstances for which debarment was imposed. Debarment may be imposed for violation of contract clauses, including equal employment opportunity provisions, acceptance of contingent fees, or other serious contract violations. The Secretary of Labor may, independently of HUD, debar a contractor based on violations of the labor standards.

The Subrecipient shall not make award to any contractor, Subrecipient or individual who has been suspended or debarred and whose name appears on the GSA List. The Subrecipient should maintain a subscription to this listing, which is available by writing to the U.S. General Services Administration, Office of Acquisition Policy, 18th and F Streets, N.W., Washington, DC 20405. If the Subrecipient does not have the current list, the HUD Field Office should be contacted to obtain the most current information. Each procurement file should indicate that the List was checked and its date. 24 CFR 85.36, 24 CFR 92.350.

You can access the GSA Excluded Parties (aka Debarred) List electronically 7 days a week, 24 hours a day. Go to www.sam.gov site follow the on-screen instructions.

6. WORK WRITE-UP. The Subrecipient will prepare a work write-up and cost estimate for the homeowner’s review and approval. The work write-up will be written so that it provides a clear understanding of the nature and scope of the work to be done. The Subrecipient may review work write-up proposals for eligibility based on, but not limited to the eligible work guidelines. The final work write-up shall be the basis for the specifications in the construction contract documents to be used to solicit bids/proposals from contractors.

Additionally, the work write up will have a “master cost analysis” which is held in the file and provided to the City for use as a verification that the contractor bid is within 10% of the cost. (24 CFR 92.251; 24 CFR 92.505 (a); 24 CFR 85.36 (c) (3) (1); 24 CFR 85.36 (d) (2) (i) (A) and 24 CFR

85.36 (f))

7. SCOPE OF WORK PROCESS. The Contractor will meet with the homeowner to review the work that has been agreed upon. The Homeowner, Contractor, and Subrecipient will review and approve the “Scope of Work” for the project. The Contractor and Subrecipient are responsible for reviewing the cost estimates for Request for Proposals
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the project with the homeowner for their approval. Upon submission of the application to the City, additionally, the Building Inspector and CDFARC will review the scope of work to verify costs, eligible repairs for reasons pertaining to the grant recommendation, HUD and CDBG funding requirements. The City shall review the cost estimates for verification that the costs are within 10% of the Cost Analysis. (Documentation must be present within the project file confirming that the cost is within the 10%.)

8. BID ACCEPTANCE. All bids submitted will be reviewed by the Subrecipient and homeowner. A general contractor will be selected. If the homeowner does not have a preference, the contract should go to the lowest responsible bidder. The homeowner will have ultimate responsibility for selecting the Contractor. In the event the homeowner desires to utilize a firm that is not the lowest responsible bidder, the homeowner must pay the difference in cost between the desired firm and the lowest responsible bidder. The Subrecipient may review all the bids if necessary for authorized repairs. The contract document may provide for alternatives by the contractor, as part of his/her bid and proposal; offers increased and decreases to the lump sum contract price to cover alternatives in the performance of the work. Alternatives not requested will not be considered.

All bids submitted will be placed into the project file for auditing purposes. The accepted bid will indicate the total grant amount. The homeowner will sign the Building Contractor/Owner Contract.

The bid by the selected contractor will indicate the total grant amount.

9. NOTICE TO PROCEED. Once the bid is accepted and the contract is awarded, a “Notice to Proceed” will be issued. This will occur when all aspects of the contract are in order. The necessary permits will be secured by the contractor and the work may commence.

10. CHANGE ORDERS. Change Orders are acceptable only if agreed to in advance by the homeowner, contractor, Community Development Department, Housing Division Staff, City Building Inspector and CDFARC. Additionally, any Change Orders must reflect only eligible grant expenditures that were not addressed in the bid packet. Change Orders will not be permitted for labor or materials that are customarily included in finished work, or that are required to meet Code requirements. When a change is mutually agreed upon, including price adjustment for concessions made by either party, a contract modification document is prepared and signed by both parties to the original contract. Change Orders shall include at least the following:

A. A detailed description of the proposed change in work; B. A reference to the applicable working drawings and specifications; C. A fixed price (credit, debit, or no change) for the change in contract work. An increase is limited to the available amount up to the approved funds and within 10% of the cost analysis; If a change order is $1,000 or less, the Change Order will be reviewed by the City’s Building Inspector and Community Development Department, Housing Division Staff; If the Change Order is $1,001 or more then CDFARC must be the final approval or denial of the change order request; D. Estimate of any additional time, if any, required to complete the work; E. The contractor's itemized breakdown of the cost of materials and labor and an itemized breakdown for any applicable subcontractors (attach cost estimate invoices); F. The change indicated on the architectural or engineering drawings, if applicable.

G. There are limitations on the use of Change Orders. The Changes clause prescribes the specific circumstances in which a change order may be issued. Changes such as increasing the number of items being purchased or other types of new work are not considered within the scope of the contract or within the authority of the Changes clause. The Change order requires the same detailed information as the initial scope of work bids (quantity, quality, profit and overhead, labor and material costs (Full cost break down).

11. INSPECTIONS. (Initial and progress inspections) Refer to the specific code: 24 CFR 92.505 (a); 24 CFR

85.36 (f) and 24 CFR 85.36 (b) (2)
Additionally, inspections are conducted by the City of Porterville’s Building Division. All scope of work must be inspected by the Building Inspector which sign/approves the building inspection card. A copy of the inspection card must be submitted to the City for review in conjunction with the scope of work. All work requiring a permit must be inspected. Upon final inspection, a copy of such inspection must be submitted Request for Proposals
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with the homeowner’s file, prior to payment, for verification that the work has been completed to the satisfactory of the State of California’ Inspections.

On-going inspections are required and on-going contact must be maintained between Subrecipient, Contractor, staff and homeowner. Progress payments are approved and prepared by the Subrecipient for work that has been satisfactorily completed. A final inspection must be made. The Subrecipient, homeowner, Building Inspector, and the contractor must ensure that all work is completed satisfactorily and in compliance with applicable standards and codes. At that time, the homeowner will sign off on the job inspection indicating his/her approval of the work that was done, in addition to the Inspector. The homeowner will sign a form authorizing payment to the contractor for all work performed, submit to the Subrecipient and a copy must be presented with the invoices to the City for payment. Upon completion of the rehabilitation, the homeowners will be given the opportunity to prepare an evaluation of the ADA Ramp rehab, replacement or construction project and process.

12. REPAIR CALLBACKS. All work must be warranted/guaranteed by the Contractor, for a minimum of oneyear (1) from the date of completion (final inspection and acceptance by homeowner) of the entire job under contract. The homeowner should contact the contractor directly in the event problems arise from the work performed. The Contractor will correct any defects that occur during that period at no additional cost to the homeowner, Subrecipient or City. A start date and estimated job completion date will be required as part of the returned bids.

13. CANCELLATION OF A PROJECT. In the event the homeowner exercises his/her right to terminate participation in the City’s ADA Ramp Program, the homeowner will still be responsible for any incurred costs up to the date of cancellation. The homeowner will also be responsible for correcting any code deficiencies that may exist at the time of the home inspection.

14. COMPLETION OF WORK. Upon completion of the work and receipt of the contractor’s invoice containing his certification of satisfactory completion of all work in accordance with the contract and his warranty, as noted above (10 (h)), the Subrecipient will arrange for inspection of the completed work. This is for the determination that all items on the work write-up and any Change Orders have been completed and are in compliance. If the inspection determines that all work has been finished properly, the Subrecipient will issue a final inspection certificate and the homeowner’s acceptance shall be signed by the recipient (homeowner). When the final inspection shows the work is satisfactorily completed in accordance with the contract, the Subrecipient will obtain from the contractor a copy of each warranty.

The “Certificate of Release” form is completed by the Contractor following the completion of work to certify that the work was performed in accordance with the contract and to receive final payment (s). A copy of this form must be placed into the project file.

15. CONTRACTOR PAYMENTS. The Contractor payments will be paid upon the completion of work in progress payments. The Subrecipient will be required to make those payments to the Contractor, after the Subrecipient submits copies of each, detailed invoice of each scope of work completed and after the City’s approval. (Note that the scope of work must also include quantity, quality, profit, overhead, labor and material costs (Full cost break down.)
Payment is made to the Subrecipient; thereafter, the Subrecipient is required to make the payment to the Contractor.

Upon completion of the work to the homeowner’s satisfaction, the homeowner must sign a “Certificate of Acceptance” and file it with the Subrecipient. The Subrecipient will record the results of their inspection with a “Notice of Completion”. When the homeowner, Subrecipient and Contractor agree that the work billed is completed and acceptable, the Subrecipient may approve the acceptance of that work and authorize partial or final payment. The Subrecipient will verify all billings submitted for construction work and supplies and will certify that the work has been performed and completed. The City will review all submitted invoices and billings prior to completing a draw.

Request for Proposals
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The City Staff shall approve all requests for payment if consistent with the terms of this Agreement and the funding commitment authorized and shall authorize and request a draw of CDBG funds. Twenty one (21) days should be allowed from submittal of funds requests to the provision of warrants for payment. The City will provide payment in accordance with the type of assistance for which the homeowner was determined eligible.

16. NON-DISCRIMINATION POLICY. The City of Porterville and its Sub-recipient support equal housing opportunity and shall not discriminate against any homeowner for the ADA Ramp Program on the basis of race, color, religion, handicap, sex, sexual preference, marital status, ancestry, national origin, or any other class or category protected by law.

17. ANTI-DISPLACEMENT POLICY. The Subrecipient and City will take the appropriate steps to minimize the displacement of persons from their homes during housing rehabilitation. Relocation may be a necessary step to protect the health of occupants. Since all rehabilitation work for homeowners is voluntary, a homeowner may only be eligible for temporary relocation benefits when his or her residence (homeowner occupied home) is approved for reconstruction (not applicable within this program), or during rehabilitation that would endanger the health and safety of occupants if they remained in the home during rehabilitation.

Determination of the need for temporary relocation will be made by the Subrecipient, Contractor, City and CDFARC. Temporary relocation options may include having the occupant(s) stay with relatives or friends during the course of rehabilitation, since they are voluntarily participating in the program and not entitled to relocation benefits, unless health and safety threats exist. Examples of when to consider temporary relocation of the occupants:

A. Utilities such as water, electricity and gas are turned off for a period exceeding 8 hours B. Rehabilitation takes place in the kitchen or available bathroom(s) C. Extensive rehabilitation in several rooms requiring work over several days D. A child under the age of 6 occupies the home
E. Occupants cannot be prevented from entering the worksite after hours F. Debris and dust cannot be contained in the worksite and may spread to occupied areas.

18. DISPUTE RESOLUTION/APPEALS PROCEDURES. Any person/family applying for the ADA Ramp Program has the right to appeal if their application is denied. The appeal must be made in writing to the City of Porterville, Community Development Department. The City staff has 30 days to review the appeal, seek recommendations from the CDFARC, and respond in writing to the homeowner.

19. REQUEST FOR PROPOSAL AND CONTRACTED SUBRICPIENT AGREEMENT. The Subrecipient of the Program submitted a “Request for Proposal” to administer the ADA Ramp Program. A requirement of the Subrecipient is to follow the Scope of Work identified within the Request for Proposal and the Agreement/Contract signed between the City of Porterville and the Subrecipient, in addition to the policies and procedures of this program. Policies and Procedures may change due to HUD regulations and City Policy.

20. MANDATORY MONITORING OF SUBRECIPIENT. The City will conduct in-depth, on-site reviews and follow-up activities, In-depth reviews will include an on-site visit and observation of actual program elements. Progress of projects should include before and after pictures of the completed projects and such pictures shall be kept with the project folder and available for review upon request.

21. NONCOMPLIANCE, ENFORCEMENT, AND ATTORNEYS’ FEES. In the event of noncompliance with any provision under this agreement, the City may take any and all enforcement actions provided for by any provision of the Porterville Municipal Code or exercise any other remedy under the law to which the City may be entitled. Should the City bring an action to enforce the terms of this agreement, the prevailing party shall be entitled to costs of suit, including reasonable attorneys’ fees.

Request for Proposals
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22. AUTHORITY. The individuals executing this agreement and the instruments referenced herein on behalf of homeowners each represent and warrant that they have the legal power, right and ability to bind themselves to the terms and conditions hereof and thereof.

IN WITNESS WHEREOF, the parties have caused this agreement to be executed as of the day and year first written above
Grantee: Subrecipient:

City of Porterville, California COMPANY NAME
By: ______________________________ By______________________________ John D. Lollis, City Manager (CONTRACTOR NAME & TITLE)

Approved as to Form:

By: ____________________________
Julia Lew, City Attorney
ATTEST:

By: ______________________________
Patrice Hildreth, Chief Deputy City Clerk
Item No. 9.

CITY COUNCIL AGENDA – MAY 17, 2022
SUBJECT: Replacement Water Delivery Program
SOURCE: Public Works
COMMENT: On July 7, 2021, the Central Valley Regional Water Quality Control Board conditionally approved the City of Porterville's Early Action Plan (EAP). The EAP required the City to determine the Reclamation Area's influence on groundwater nitrate levels and its effect on surrounding domestic wells. The City received permission to test twelve (12) domestic wells to determine the nitrate levels.

Four of the wells tested resulted in nitrate levels above the Maximum Contaminant Level (MCL) of ten (10) mg/L. Seven households were impacted by elevated nitrate levels. As a result, they are eligible for a short-term Replacement Water Delivery Program. This voluntary program is at no cost to the residents and ensures they have safe drinking water to meet their drinking and cooking needs . To participate in the program, residents must submit a completed water delivery application and agree to have their well tested annually. The City is currently working on a long-term solution to construct a water dispensing facility which will provide safe drinking water for the residents in the Area of Contribution. Upon the completion of the water dispensing facility, the replacement water delivery program will be concluded.

Staff contacted three local vendors for quotes to deliver sixty (60) gallons of bottled water per month per household to meet their drinking and cooking needs.The City will conduct follow-up visits with residents receiving bottled water deliveries to verify the service is sufficient to meet their needs.

Modification to the delivery amounts will occur as needed. The quotes are as follows:

Vendor Total
Sparkletts $110.35/month per residence
Culligan Water $130.00/month per residence
Cen Cal Distributing $159.00/month per residence
Sparkletts has been identified as the lowest quote, therefore securing the monthly water delivery service. The expenditure for the service, with an anticipated annual amount of $10,500 inclusive of the bottled water, delivery, taxes, and a ten percent (10%) contingency, will be funded from the Wastewater Operating Budget.

Item No. 9.

RECOMMENDATION: That the City Council:

1. Award the monthly Replacement Water Delivery Program service to Sparkletts for an anticipated annual amount of $10,500, which includes bottled water, delivery, taxes and a ten percent (10%) contingency to be funded from the Wastewater Operating Budget;

2. Direct the Finance Director to initiate a Purchase Order to Sparkletts for an anticipated annual amount of $10,500, which includes bottled water, delivery, taxes and a ten percent (10%) contingency; and

3. Direct the Finance Director to make payment to Sparkletts upon receipt of an invoice approved by the Public Works Director.

ATTACHMENTS: 1. Sparkletts Quote

2. Culligan Water Quote

3. Cen Cal Distributing, Inc. Quote
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager

Item No. 10.

CITY COUNCIL AGENDA – MAY 17, 2022
SUBJECT: Authorization to Schedule a Public Hearing for the Public Health Goal Report SOURCE: Public Works
COMMENT: Senate Bill 1307 added new provisions to the California Health and Safety Code specifying that larger (>10,000 service connections) water utilities prepare a special report if their water quality measurements have exceeded any Public Health Goals (PHGs), as established by the California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA), PHGs are non-enforceable standards, and no action to meet them is mandated.

The law also requires that where OEHHA has not adopted a PHG for a constituent, the water suppliers are to use the maximum contaminant level goals (MCLGs) adopted by the United States Environmental Protection Agency (US EPA). A Public Hearing is required for the purpose of accepting and responding to public comment on the report.

The attached report is intended to provide information to the public, in addition to the Consumer Confidence Report mailed to each customer in June. The City of Porterville’s water system complies with all of the health-based drinking water standards and maximum contaminant levels (MCLs) required by the State Division of Drinking Water and the US EPA.

RECOMMENDATION: That City Council direct staff to schedule a Public Hearing on June 7, 2022 to solicit comments on the Public Health Goal Report.

ATTACHMENTS: 1. 2021 Public Health Goal Report
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager

CITY OF PORTERVILLE

PUBLIC HEALTH GOAL REPORT
The California Health and Safety Code Section 116470(b), (c) and (f) specifies that on July 1, 1998, and every three years thereafter, public water systems serving more than 10,000 service connections shall prepare a report intended to inform the public concerning any Public Health Goal (PHG) that is exceeded.

PHGs are set by the California Office of Environmental Health Hazard Assessment (OEHHA) which is part of CalEPA and are based solely on public health risk considerations. None of the practical risk-management factors that are considered by the USEPA or the California Department of Health Services (CDHS) in setting drinking water standards (MCLs) are considered in setting PHGs. These factors include analytical detection capability, treatment technology available, benefits and costs. The PHGs are not enforceable and are not required to be met by any public water system. MCLGs are the federal equivalent to PHGs.

The following constituent was detected in the city of Porterville drinking water sources at levels above the PHG, or if no PHG, above the MCLG:

Coliform Bacteria: In 2021 we collected between 74 samples each month for coliform analysis. In the year of 2021 all samples were found to be negative for coliform bacteria.

Tetrachloroethylene (PCE): The PHG for PCE is 0.06 ppb, with a MCL of 5 ppb. Detection levels in 6 wells which are monitored quarterly have a running annual average of 2.63 ppb. The category of health risk associated with PCE is that people who drink water containing PCE above the MCL throughout their lifetime could experience liver problems and may have an increased risk of getting cancer. CDHS says that “Drinking water which meets the MCL is associated with little to none of this risk and should be considered safe with respect to PCE.” The numerical health risk for a PHG of .06 ppb is 1 in 1,000,000. The numerical health risk for a MCL of 5 ppb is 8 in 100,000.

Lead and/or Copper: There is no MCL for Lead or Copper. Instead the 90th percentile value of all samples taken from household taps in the distribution system cannot exceed an Action Level of 15 ppb for lead, and 1300 ppb for copper. The MCLG for lead is 0.2 ppb and the MCLG for copper is .03 ppm. All of the source water samples for lead and copper in 2019 were less than the MCLG. Based on samples taken from household taps in 2019, the 90th percentile value for lead was 0.01 ppb and 0.2 ppm for copper. The City of Porterville’s water system is in full compliance with the Federal and State Lead and Copper Rule. The category of health risk for lead and Copper is gastrointestinal damage to kidneys, liver and nervous system of humans. Numerical health risk information on lead has not been provided to OEHHA, the State agency responsible for providing that information.

Definitions:

Public Health Goals (PHG): The level of a contaminant in drinking water below which there is no known or expected risk to health. PHGs are set by the California Environmental Protection Agency.

Maximum Contaminant Level Goal (MCLG): The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs are set by the U. S. Environmental Protection Agency.

Maximum Contaminant Level (MCL): The highest level of a contaminant that is allowed in drinking water.

Primary MCLs are set as close to the PHGs (or MCLGs) as is economically and technologically possible.

Secondary MCLs are set to protect the odor, taste, and appearance of drinking water.

Action Level: The concentration of which, if exceeded, triggers treatment or other requirements which a water system must follow.
ppb: Parts per billion
Item No. 11.

CITY COUNCIL AGENDA – MAY 17, 2022
SUBJECT: Parks and Leisure Services Commission Meetings SOURCE: Parks and Leisure Services
COMMENT: The Parks and Leisure Services Commission has expressed an interest in going on hiatus for the months of July and August 2022 as it has done in the past. The Commission is willing to schedule a meeting if needed, with a seventy-two (72) hour notice should the need arise. Similarly, the Library and Literacy Commission and the Youth Commission also do not meet during the summer months. This matter was considered by the Parks and Leisure Services Commission at its meeting on May 5, 2022, and the motion to go on summer hiatus was approved unanimously.

Pursuant to the provisions of the Municipal Code, the Commission is permitted to designate its date and time for meetings. It states, "The Commission shall hold meetings regularly and shall designate the time and place thereof. It shall adopt its own rules of procedure and shall keep a record of its proceedings. All meetings and records of the commission shall be public." RECOMMENDATION: That the City Council approve the Parks and Leisure Services Commission's request for a hiatus during the months of July and August 2022, with the Commission being available to meet if necessary.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
Item No. 12.

CITY COUNCIL AGENDA – MAY 17, 2022
SUBJECT: Authorization of Street Closures for KJUG Concert Series and Military Banner Ceremony
SOURCE: Parks and Leisure Services
COMMENT: At its meeting on May 3, 2022, City Council authorized the City to sponsor the KJUG Concert Series to take place at Centennial Park on May 26, June 3 and June 17, 2022. The free concerts are anticipated to begin at 6:30 PM and be finished by 8:00 PM. Similar to previous KJUG concerts, City staff is recommending the same street closures as in past years to assure the safety of attendees. The attachment in the staff report shows the proposed street closures and traffic plan.

The Military Banner Ceremony is scheduled for May 27, 2022, at Centennial Park at 12:00 PM. Due to the pandemic, there was no ceremony held in 2020 or 2021. Thus, the ceremony this year will honor all of our local heroes from the Military Banner Classes of 2020-2022. With the ceremony covering three years, attendance is anticipated to be much larger than usual. With the short turnaround time between the KJUG concert the night before and the Military Banner Ceremony the following day, staff is recommending the concert street closure remain in effect through the Military Banner Ceremony. Some of the items set-up for the concert such as bleachers and portable toilets will also be used for the ceremony.

RECOMMENDATION: That the City Council:

1. Authorize the street closure for the KJUG Concerts on May 26, June 7 and June 21, 2022; and

2. Authorize the street closure for the Military Banner Ceremony on May 27, 2022.

ATTACHMENTS: 1. Traffic Control Diagram
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
Item No. 12.

Item No. 13.

CITY COUNCIL AGENDA – MAY 17, 2022
SUBJECT: Community Civic Event - Kern River Conservancy - Southern Sierra Film Festival - June 22, 2022
SOURCE: Finance
COMMENT: The Kern River Conservancy is requesting approval for a Community Civic Event permit to hold the Southern Sierra Film Festival at Centennial Park on June 22, 2022 from 6:30 p.m. to 9:30 p.m. The Conservancy will be showing documentary films on nature beginning at 8:00 p.m. Informational booths and a food truck vendor will be open to the public beginning at 6:30 p.m.

The Concervancy is also requesting approval to sell beer during the event. The Police Department has reviewed the application and has set the conditions and requirements for the establishment of a beer garden and the consumption of alcoholic beverages inside the confines of the beer garden on Exhibit B.

This request is submitted in accordance with the Community Civic Events Ordinance No. 1326, as amended. The application has been routed according to the Ordinance regulations and reviewed by all City Departments involved. All requirements are listed on the attached copy of the application and agreement, Exhibit A and Exhibit B. The City Council's Ad Hoc Committee has reviewed the application and approved the event. Event organizers are required to adhere to all Federal, State and local guidelines and limitations pertaining to COVID19.

RECOMMENDATION: That the City Council approve the Kern River Conservancy Application for a Community Civic Event permit to hold the Southern Sierra Film Festival on June 22, 2022, at Centennial Park, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A and Exhibit B.

ATTACHMENTS: 1. Community Civic Event Application and Agreement, Exhibit A, Exhibit B, Outside Amplifier Permit, and
Certificate of Liability Insurance
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Item No. 13.

Final Approver: John Lollis, City Manager

Item No. 14.

CITY COUNCIL AGENDA – MAY 17, 2022
SUBJECT: Reaffirm Conditions of State Assembly Bill 361 to Continue Remote Attendance at Public Meetings
SOURCE: City Manager's Office
COMMENT:

During the prior eighteen (18) months, the City Council and its legislative bodies have conducted teleconferencing meetings as allowed pursuant to a series of Executive Orders, the most recent which expired on September 30, 2021 (Executive Order N-08-021, issued June 11, 2021), which waived all physical presence requirements under the Brown Act as a means of limiting the spread of COVID-19. Pursuant to adopted State law effective September 30, 2021, Assembly Bill 361 (AB 361), extends the authority of public agencies to conduct meetings by teleconference, including video conference, without compliance with all of the Brown Act's limitations on such meetings, which the status of emergency resulting from the COVID-19 pandemic and accompanying recommendations for social distancing remain in place. Consistent with AB 361, the Council must adopt a Resolution consistent with the Governor's State of Emergency, and must review and renew such Resolution every thirty (30) days thereafter. AB 361 will sunset on January 1, 2024. The Council last adopted its Resolution consistent with AB 361 at its meeting on May 3, 2022.

RECOMMENDATION: That the City Council consider adoption of the draft Resolution to continue allowing the option to participate in the City's public meetings remotely through the use of the teleconferencing provisions of AB 361.

ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager
RESOLUTION NO. ___-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY ASSEMBLY BILL 361 ISSUED ON SEPTEMBER 16, 2021, AND AUTHORIZING REMOTE

TELECONFERENCE MEETINGS OF ALL LEGISLATIVE BODIES OF THE CITY OF PORTERVILLE FOR THE PERIOD OF THIRTY (30) DAYS PURSUANT TO BROWN

ACT PROVISIONS
WHEREAS, the City Council is committed to preserving and nurturing public access and participation in meetings of all City of Porterville legislative bodies; and, WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950-54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and,
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(s), subject to the existence of certain conditions; and, WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and, WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme period to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or humancaused disasters; and, WHEREAS, it is further required that State or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and, WHEREAS, a State of Emergency has been proclaimed by the Governor of the State of California; and,
WHEREAS, State and local officials continue to promote social distancing measures and City’s conference chambers limited capacity would present imminent risk to health and safety of attendees; and,
WHEREAS, as a consequence of the State emergency, the City does hereby find that the legislative bodies of the City shall conduct their meetings without compliance with paragraph three (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph two (2) of subdivision (c) of section 54953; and, WHEREAS, the City will give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; and, WHEREAS, the legislative body will not take any further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; and,
WHEREAS, the legislative body will not require public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and,
WHEREAS, the legislative body will not close the public comment until the public comment period has elapsed or until a reasonable amount of time has elapsed as specified.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Porterville as follows:

SECTION 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference; and, SECTION 2. Ratification of Governor’s Proclamation of a State of Emergency.

The City hereby ratifies the Governor of the State of California’s Proclamation of March 2, 2020; and,
SECTION 3. Remote Teleconference Meetings. The City Manager and legislative bodies of City of Porterville are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act; and, SECTION 4. Effective Date of Resolutions. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of June 16, 2022, or such time the Council adopts a subsequent Resolution in accordance with Government Code section 54953 (e)(3) to extend the time during which the legislative bodies of City of Porterville may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

PASSED, APPROVED, AND ADOPTED this 17th day of May, 2022.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk
Item No. 15.

CITY COUNCIL AGENDA – MAY 17, 2022
SUBJECT: Status and Review of Local Emergency: Drought
SOURCE: City Manager's Office
COMMENT:

At its meeting of May 5, 2015, the City Council took action to approve a Resolution Declaring a Drought Emergency in the City of Porterville. At its meeting of May 3, 2022, the Council reviewed the status of existence of local emergency, and acted to continue its Resolution of local emergency.

Governor Brown issued Executive Order B-29-15 on Wednesday, April 1, 2015, which established drought-related mandates and restrictions in addition to those already stipulated in previous Executive Orders B-26-14 and B-28-14. Of significance, the Governor directed the State Water Resources Control Board to impose restrictions to achieve a statewide twenty-five percent (25%) reduction in potable urban water usage through February 28, 2016, in comparison to the amount used in 2013, and with consideration given to per capita usage as a basis. The Governor further directed the Board to impose additional restrictions on commercial, industrial, and institutional properties with significant landscaping (cemeteries, golf courses, parks, schools, etc.), to also achieve a twenty-five (25%) reduction in potable water usage. Also of significance, the Board was directed to prohibit irrigation with potable water outside of newly constructed homes and buildings that is not delivered by drip or micro-spray systems.

On November 13, 2015, Governor Brown issued Executive Order B-36-15, which extends emergency conservation regulations through October 2016, if drought conditions persist through January 2016. On February 2, 2016, the State Water Resources Control Board adopted extended emergency water conservation regulations, to be in effect March 1 through October 31, 2016.

The City of Porterville benefited somewhat from the extended regulations as the City's water conservation rate has been reduced from thirty-two percent (32%) to twenty-six percent (26%), due to new water connections that have been made and population served (4%), as well as a new climate adjustment factor that was considered (2%).

On May 9, 2016, Governor Brown issued Executive Order B-37-16 ("Making Water Conservation a California Way of Life"), which directs the State Water Resources Control Board to establish new regulations making permanent the emergency conservation regulations. On May 18, 2016, the State Water Resources Control Board adopted a statewide water conservation approach that replaces the percentage reduction-based water conservation standard with a Item No. 15.
localized "stress test" approach that mandates urban water suppliers act immediately to ensure at least a three-year supply of water to their customers under continued drought conditions.

On April 7, 2017, Governor Brown issued Executive Order B-40-17, which ended the drought state of emergency in most of California, with the exception of Fresno, Kings, Tulare and Tuolumne counties where emergency water supply and reliability projects are continuing toward addressing diminishing groundwater supplies. The Order maintains monthly reporting requirements and prohibitions on wasteful practices.

On May 31, 2018, Governor Brown signed both AB 1668 (Friedman) and SB 606 (Hertzberg), which set permanent overall targets for indoor and outdoor water consumption. The legislation sets an initial limit for indoor water use of fifty-five (55) gallons per-person per-day in 2022, reducing to 52.5 gallons perperson per-day in 2025, and finally to fifty (50) gallons per-person per-day in 2030. The amount of residential outdoor use is yet-to-be determined, but will allow for varying regional climates. In addition, a standard for water loss due to leak rates in water system pipes will be established. As an urban water provider, the City will need to submit its plan for compliance for approval by the State Water Resources Control Board.

On March 5, 2021, Secretary Vilsack of the United States Department of Agriculture federally-designated Tulare County as a primary natural disaster area due to ongoing drought conditions. On April 21, 2021, Governor Newsom issued a State of Emergency Proclamation due to drought conditions, including Tulare County. On April 27, 2021, the Tulare County Board of Supervisors adopted a Resolution Proclaiming a Local Emergency due to severe drought conditions. On January 4, 2022, the State Water Resources Control Board adopted emergency regulations to supplement voluntary water conservation.

On March 28, 2022, Governor Newsom issued Executive Order N-7-22, that requires the state's largest water providers (including the City of Porterville) to put in place "Level 2" of water shortage contingency plans, which the City is currently in "Level 4."
Initially within the city of Porterville, twenty-six (26) residences within the city were determined to have dry wells, for which City staff submitted a Mutual Aid Request to Tulare County OES to initiate the household tank program for identified properties within the city where wells are dry and challenged for permanent connection. The State has committed funding for non-profit agencies to continue drought-related activities, which Self-Help Enterprises has continued the household tank program locally, through State Cleanup and Abatement Account (CAA) emergency funds.

Representatives for the City, County, State (CalOES, DDW, DWR, and SWB) and non-profit partners continued to meet in support of the long-term permanent water connection project for the entire East Porterville area and the estimated 1,800 expected future connections. DWR identified 423 residential units in the Item No. 15.

East Porterville area (381 of which are in the City's Urban Development Boundary), that were served by the County's Household Tank Program and desired by the State to be connected to the City's water distribution system as soon as possible. DWR has completed a significant City waterline extension project to permanently connect those 423 residential units to the City's water system (considered Phase I of the project). To provide initial source water for the DWR extension project, CalOES desired to expeditiously connect the new well on Olive Avenue to the City's water system instead of being first equipped as a filling station. Given the new well has an estimated water production value of 800 gallons per minute, as well as a SWB assumed 1.5 gallons per minute per residence, the new well could effectively serve up to five hundred (500) single-family residential units. The City indicated its significant interest that the E. Vandalia Avenue area and its eighty (80) residential units be included in the water connection project, to which the State was agreeable.

Given CalOES has paid for the development of the new well, and its connection to the City's water system, the City will be required under "Drought Redundancy and Resiliency Provisions" to make available to the State up to three million gallons of water per month without charge for emergency purposes. On May 7, 2022, Tulare County OES notified the City that due to deteriorating conditions across the county involving small water systems dependent upon the Friant-Kern Canal that may result in the complete lack of water or "Do Not Drink" orders, the State and County may have to invoke the provision of water from the well.

To proceed with the connection of the new well to the City's water system and the 500 East Porterville and E. Vandalia Avenue residential units, the City Council approved modifications to the Draft Agreement between the City and County at its meeting on April 5, 2016, which the County Board of Supervisors subsequently approved at their meeting on May 10, 2016.

A Memorandum of Understanding between the State, County, and City on the East Porterville permanent water connection project was approved by the Council during a Special Meeting on Tuesday, June 21, 2016, and approved by the Board of Supervisors on Tuesday, June 28, 2016. With the approval of the MOU, the State began the permanent connection of approximately forty (40) homes that are located along existing City water mains. Subsequently, the State officially requested that the City approve the connection of an additional thirty (30) residences as part of the first immediate connections, for up to a total of seventy (70), which the Council approved at its meeting on August 2, 2016.

In regards to the new well's development and connection to the City's water distribution system, the Board of Supervisors awarded the contract for equipping and connecting the new well at its meeting on Tuesday, August 16, 2016, and construction activities commenced the week of October 10, 2016.

County staff had previously indicated that the well would be in service and connected to the City's system no later than December 2016, however, the well was operational and connected to the City's water distribution as of Friday, February 17, 2017. Given the delay in the well's completion and connection, Item No. 15.

DWR requested that the Council consider allowing the connection of residences as they become prepared for connection, to which the Council was receptive, and a Draft MOU Amendment was approved by the Council at its meeting on December 6, 2016, and subsequently approved by the Board of Supervisors at is meeting on December 20, 2016. City staff continued to work with County staff toward the transfer of the well's ownership from the County to the City, which at its meeting on April 20, 2021, the Council approved the draft Transfer Agreement subject to the City Attorney's final form.

As of Friday, March 31, 2017, the date the State established as the final day for property owners to complete the registration process to participate in the Statefunded connection program opportunity, of the 1,017 eligible developed residential properties identified by the State for connection, 722 completed the required Extra-Territorial Services Agreement, leaving 295 developed residential properties non-responsive to this unique connection program, twenty-three (23) of which were reported as having either dry or diminishing capacity wells. On February 6, 2018, the final residential connection was made of the approximate eligible eight hundred (800) residences in East Porterville to the City's water system.

City staff continues to coordinate with Self-Help Enterprises and State representatives toward the extension of water mains to serve all residential properties within City limits and the city's periphery that are currently participating in the County's Household Tank Program. The two main areas of focus are N. Cobb Street (northwest of State Route 65 and Pioneer Avenue), and S. Cloverleaf Street (southeast of State Route 65 and Olive Avenue). The State has maintained its commitment to grant-fund the necessary infrastructure and connection fees, providing an official funding letter to the City on January 18, 2018, which commits up to $2.81 million in funding until December 31, 2019. The authorization to advertise for bids for the water connection project was approved by the Council at its July 17th meeting, after which DWR reviewed the bid package for compliance and approved in December the package for advertisement. Council authorized award of the construction contract for approximately $1.82 million at its meeting on January 15, 2019.

City staff conducted a pre-construction public outreach meeting with the affected residents on the status of the project on Thursday, April 4, 2019.

Council authorized the agreement with Self-Help Enterprises Inc. to provide the private residential connections at its meeting on July 2, 2019, and construction work began on the project. At its meeting on October 1, 2019, the Council accepted the public works segment of the project in the installation of water mains as complete, with Self-Help and CSET continuing to collaborate on the completion of the individual private connections and abandonment of private wells. City staff has recently been made aware that there may be a couple of additional residences whose wells are dry that are located along existing City water mains or may require further extension of water mains.

Staff is coordinating with State staff on addressing these new isolated needs.

County OES and the State Division of Drinking Water (DDW) have reported to the City that the Central Mutual Water Company, located south of the city and Item No. 15.
south of Gibbons Avenue, has had its well run dry and desires an immediate emergency connection to the City's water system to serve the forty-one (41) connections currently without water. DDW is wishing to support a financial application to upgrade the small water system to City standards (new water lines, meters ,etc.), and to sponsor an Urban Development Boundary (UDB) Amendment application to Tulare County Local Agency Formation Commission (LAFCO), given this area is currently outside the City's UDB but within the City's Urban Area Boundary (UAB). Given several private wells have run dry in this area, DDW is also attempting to sponsor their connection to the City's water system. For source water capacity for the connections, DWR will include these new connections within the East Porterville water connection capacity development projects. At its Special meeting on August 30, 2019, the City Council directed staff to proceed with the immediate emergency connection of the Central water system, with the permanent connection of the system contingent upon an Agreement with DDW to the sponsorship conditions they have offered. At its meeting on October 1, 2019, the Council directed staff to proceed with the amendment of the UDB to facilitate annexation, which a public meeting with the affected residents was conducted on Wednesday, October 9, 2019. At its meeting on April 21, 2020, the Council conducted a Public Hearing and approved Resolutions of approval of the environmental determination and amendment to the UDB to facilitate annexation. At its meeting on June 1, 2021, the Council approved the State Water Board funding agreement for the development of a City-owned production well, distribution mains and water meters to serve each customer, as well as fire hydrants. On July 20, 2021, the City received notification from the State Water Board that the Akin/Central Water Consolidation Project funding agreement had been formally approved and executed.

DDW has also reported to the City that the Del Oro East Plano water system, located on Paul Street (southeast of the intersection of Plano Street and Worth Avenue), is experiencing problems with its existing well and have implemented severe water restrictions. The East Plano water system serves fourteen (14) residences and approximately forty-five (45) people. DDW is wishing to provide financial support to upgrade the small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW would need to either pay appropriate fees and/or develop a capacity development project. The Council is aware that the Del Oro Grandview Gardens water system (north of W. North Grand Avenue) is also experiencing significant issues, and DDW may seek their future consolidation with the City's water system as well.

DDW has further reported to the City that the Beverly Grand Mutual Water Company water system, located north of West North Grand Avenue, is experiencing problems with its existing well and water quality issues, and desires its connection to the City's system to serve the thirty-one (31) residences the system serves. DDW is wishing to provide financial support to upgrade the small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW has agreed to pay appropriate fees toward developing a capacity development project, which at its meeting of Item No. 15.

October 3, 2017, the Council approved a purchase agreement with Smee Homes, Inc. for the acquisition of property along the Tule River for the development of a new municipal well. At its meeting of October 1, 2019, the Council approved proceeding with the consolidation of the Beverly Grand water system.

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.

ATTACHMENTS: 1. City of Porterville Resolution Declaring Local Drought Emergency: May 5, 2015

2. United States Department of Agriculture Drought Natural Disaster Area Designation: March 5, 2021

3. State of California State of Emergency Proclamation: April 21, 2021

4. County of Tulare Drought Local Emergency Resolution:

April 27, 2021

5. State Water Resources Control Board: Emergency
Regulation - Water Conservation; January 4, 2022

6. Governor Newsom Executive Order N-7-22: March 28,
2022

7. State Water Resources Control Board Funding Agreement:

Akin/Central Water Consolidation Project
Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager

United States Department of Agriculture
Office of the Secretary
Washington, D.C. 20250
An Equal Opportunity Employer
March 5, 2021
The Honorable Gavin Newsom
Governor
State of California
Sacramento, California 95814
Dear Governor Newsom:

In accordance with 7 CFR 759.5(a), I am designating 50 California counties as primary natural disaster areas due to a recent drought.

According to the U.S. Drought Monitor (see http://droughtmonitor.unl.edu/), these counties suffered from a drought intensity value during the growing season of 1) D2 Drought-Severe for 8 or more consecutive weeks or 2) D3 Drought-Extreme or D4 Drought-Exceptional.

In accordance with section 321(a) of the Consolidated Farm and Rural Development Act, additional areas of your state and adjacent states are named as contiguous disaster counties. Enclosed you will find documentation that provides a detailed list of all primary and contiguous counties impacted by this disaster.

A Secretarial disaster designation makes farm operators in primary counties and those counties contiguous to such primary counties eligible to be considered for certain assistance from the Farm Service Agency (FSA), provided eligibility requirements are met. This assistance includes FSA emergency loans. Farmers in eligible counties have 8 months from the date of a Secretarial disaster declaration to apply for emergency loans. FSA considers each emergency loan application on its own merits, taking into account the extent of production losses on the farm and the security and repayment ability of the operator.

Local FSA offices can provide affected farmers with further information.

Sincerely,
Thomas J. Vilsack
Secretary
Enclosure
Disaster Designation Areas for California and Contiguous States Primary Counties:

California (50)
Alameda Glenn Marin Riverside Solano
Alpine Humboldt Mariposa Sacramento Sonoma
Amador Imperial Mendocino San Bernardino Stanislaus
Butte Inyo Merced San Francisco Sutter
Calaveras Kern Modoc San Joaquin Tehama
Colusa Kings Mono San Mateo Trinity
Contra Costa Lake Napa Santa Clara Tulare
Del Norte Lassen Nevada Shasta Tuolumne
El Dorado Los Angeles Placer Sierra Yolo
Fresno Madera Plumas Siskiyou Yuba
Contiguous Counties:

California (8)
Monterey San Benito San Luis Obispo Santa Cruz
Orange San Diego Santa Barbara Ventura
In addition, in accordance with section 321(a) of the Consolidated Farm and Rural Development Act, counties in adjacent states are named as contiguous disaster areas. Those states, counties, and numbers are:

Contiguous Counties in Adjacent States:

Arizona (3)
La Paz Mohave Yuma
Nevada (8)
Clark Esmeralda Mineral Washoe
Douglas Lyon Nye Carson City
Oregon (5)
Curry Josephine Lake
Jackson Klamath

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
State of Emergency Proclamation
WHEREAS climate change is intensifying the impacts of droughts on our communities, environment and economy, and California must therefore improve drought resiliency and prepare to respond to more frequent, prolonged, and intense dry periods; and
WHEREAS much of the West is experiencing severe to exceptional drought and California is in a second consecutive year of dry conditions, resulting in drought or near-drought throughout many portions of the State; and WHEREAS these drought conditions can result in degraded water quality, fallowing of productive farmland, setbacks to vulnerable and rural communities through job losses and longer-lasting recoveries, significant impacts to tribal, commercial, and recreational salmon fisheries, constraints on access to traditional lifeways, loss of aquatic and terrestrial biodiversity, and ecosystem impacts; and
WHEREAS drought conditions vary across the State and some watersheds, including the Russian River and Klamath Basin, are extremely dry and are facing substantial water supply and ecosystem challenges; and
WHEREAS it is necessary to expeditiously mitigate the effects of the drought conditions within the Russian River Watershed, located within Mendocino and Sonoma counties, to ensure the protection of health, safety, and the environment; and
WHEREAS experience in the last drought has demonstrated the value of preparing earlier for potential sustained dry conditions, the need to improve our monitoring and forecasting capabilities, and many other lessons that are captured in the Administration1s Report to the Legislature on the 2012-2016 Drought; and
WHEREAS the State and its many partners have strengthened drought resilience since the last drought including state investments in water management systems, implementation of the Sustainable Groundwater Management Act, establishment of the Safe and Affordable Fund for Equity and Resilience Program, development of the Administration's Water Resilience Portfolio, and continued water conservation by Californians whose current statewide urban water use is 16% lower than at the beginning of the last drought; and
WHEREAS state agencies have been actively responding to current drought conditions and preparing for the possibility of a third dry year including through convenings of the interagency drought team, which was established at my direction, to organize, focus, and track changing conditions, coordinate state agency responses, and work closely with partners across the State; and WHEREAS under the provisions of Government Code section 8558(b), I find that the conditions caused by the drought conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to appropriately respond; and
WHEREAS under the provisions of Government Code section 8625(c), I find that local authority is inadequate to cope with the drought conditions; and WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of, the drought conditions within the Russian River Watershed, and under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions of the Russian River Watershed, located within Mendocino and Sonoma counties.

NOW THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, section 8625, HEREBY PROCLAIM A STATE OF EMERGENCY to exist in Mendocino and Sonoma counties due to drought conditions in the Russian River Watershed.

IT IS HEREBY ORDERED THAT:

1. To further the success of California's water conservation efforts and increase our drought preparedness, state agencies shall partner with local water districts and utilities to make all Californians aware of drought, and encourage actions to reduce water usage by promoting the Department of Water Resources' Save Our Water campaign
(https://saveourwater.com) and other water conservation programs.

2. To continue coordination with partners across the State for the potential of prolonged drought impacts, the Department of Water Resources, the State Water Resources Control Board (Water Board), the Department of Fish and Wildlife, and the Department of Food and Agriculture shall work with regional and local governments, including groundwater sustainability agencies, to identify watersheds, communities, public water systems, and ecosystems that may require coordinated state and local actions to address issues stemming from continued dry conditions, to ensure that we can respond to water shortages and protect people, natural resources and economic activity.

3. To continue partnership and coordination with Californian Native American tribes, state agencies shall engage in consultation, collaboration, and communication with California Native American tribes to assist them in necessary preparation and response to drought conditions on tribal lands and potential impacts to cultural and traditional resources within ancestral lands.

4. To prioritize drought response and preparedness resources, the Department of Water Resources, the Water Board, the Department of Fish and Wildlife and the Department of Food and Agriculture, in consultation with the Department of Finance, shall:
a. Accelerate funding for water supply enhancement, water conservation, or species conservation projects.
b. Identify unspent funds that can be repurposed to enable projects to address drought impacts to people, ecosystems, and economic activities.
c. Recommend additional financial support for water resilience infrastructure projects and actions for potential inclusion in the upcoming May Revision.

5. To increase resilience of our water supplies during drought conditions, the Department of Water Resources shall:
a. Work with counties to encourage reporting of household water shortages, such as dry residential wells, on the website the Department maintains for that purpose, to enable tracking of drought impacts.
b. Work with counties, and groundwater sustainability agencies as appropriate, to help ensure that well drillers submit required groundwater well logs for newly constructed and deepened wells in a timely manner.
c. Work with agricultural water suppliers and agricultural water users to provide technical assistance, including implementation of efficient water management practices and use of technology such as the California Irrigation Management Information System.
d. Work with urban and agricultural water suppliers to encourage timely submittal by water districts and public posting of urban water management and water shortage contingency plans and
agricultural water management and drought plans.
e. Accelerate updating the land subsidence data it is providing to support implementation of the Sustainable Groundwater
Management Act.

6. To increase resilience of our water systems during drought conditions, the Water Board shall:
a. Use its authority, provide technical assistance, and where feasible provide financial assistance, to support regular reporting of drinking water supply well levels and reservoir water levels where the Water Board determines that there is risk of supply failure because of lowering groundwater levels or reservoir levels that may fall below public water system intakes.
b. Prioritize the permitting of public water systems that anticipate the need to activate additional supply wells where water quality is a concern and treatment installation needs to proceed to relieve a system's potential supply concerns.
c. Provide annual water demand data, information on water right priority, and other communications on water availability on its website.
d. Identify watersheds where current diversion data is insufficient to evaluate supply impacts caused by dry conditions, and take actions to ensure prompt submittal of missing data in those watersheds.

7. To address the acutely dry conditions in the Russian River Watershed, the Water Board shall consider:
a. Modifying requirements for reservoir releases or diversion limitations in that watershed to ensure adequate, minimal water supplies for critical purposes.
b. Adopting emergency regulations to curtail water diversions when water is not available at water rights holders' priority of right or to protect releases of stored water.

For purposes of carrying out this directive, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are suspended in the counties of Mendocino and Sonoma to the extent necessary to address the impacts of the drought in the Russian River Watershed. The Water Board shall identify the projects eligible for the suspensions pursuant to this paragraph and maintain on its websites a list of the activities or approvals for which these provisions are suspended.

8. To ensure that equipment and services necessary for drought response in the Russian River Watershed can be procured quickly, the provisions of the Government Code and the Public Contract Code applicable to procurement, state contracts, and fleet assets, including, but not limited to, advertising and competitive bidding requirements, are hereby suspended to the extent necessary to address the effects of the drought in the Russian River Watershed, located within Mendocino and Sonoma counties. Approval of the Department of Finance is required prior to the execution of any contract entered into pursuant to this provision.

9. To increase the resilience of our natural habitats to protect vulnerable species during drought conditions, the Department of Fish and Wildlife shall:
a. Evaluate and take actions to protect terrestrial and aquatic species and, wherever possible, work with water users and other parties on voluntary measures to protect species.
b. Work to improve State hatcheries and increase water use efficiency on State wildlife areas and ecological reserves to maintain habitat for vulnerable species.
c. Respond to human-wildlife interactions related to ongoing dry conditions and increase public messaging and awareness. d. Work with commercial and recreational salmon fishing and tribal representatives to anticipate and develop strategies to mitigate and respond to salmon fishery impacts, with particular emphasis on addressing impacts to salmon fisheries in the Klamath Basin.

10.To support our agricultural economy and food security during drought conditions, the Department of Food and Agriculture shall:
a. Provide technical assistance to support conservation planning, onfarm water and energy conservation practices and technologies, including augmenting the State Water Efficiency and Enhancement Program.
b. Conduct an economic analysis of drought impacts to agriculture, including land use, jobs, and rural food economies, expanding on existing research done in the last drought to include thorough regional analysis especially in the Central Valley, and in the implementation of the Sustainable Groundwater Management Act and alternative land uses for fallowed land.
c. Maintain a web page with drought resources for farmers and ranchers, including the United States Department of Agriculture and other federal and state resources.
d. Work with federal agencies to assist Klamath Basin farmers and ranchers contending with reduced water supplies.

11.To ensure the potential impacts of drought on communities are anticipated and proactively addressed, the Department of Water Resources, in coordination with the Water Board, shall develop groundwater management principles and strategies to monitor, analyze, and minimize impacts to drinking water wells.

12.To provide critical information on the different drought conditions across the State, the Department of Water Resources, in consultation with the Department of Fish and Wildlife, the Department of Food and Agriculture, and the Water Board, shall develop a California Drought Monitor by December 31, 2021, as recommended in the Administration's Report to the Legislature on the 2012-2016 Drought.

13.To prepare for potential salinity issues in the Delta, the Department of Water Resources, in consultation with the Water Board, the Department of Fish and Wildlife, the Delta Stewardship Council, and the Central Valley Flood Protection Board, shall initiate actions necessary to prepare for and address potential Delta salinity issues during prolonged drought conditions.

14.To prepare for potential impacts of drought conditions on species, the Water Board and the Department of Fish and Wildlife shall work with federal agency partners to manage temperature conditions for the preservation of fish in the Sacramento River downstream of Shasta Dam while balancing water supply needs.

This Proclamation is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

I FURTHER DIRECT that as soon as hereafter possible, this Proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Proclamation.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of alifornia t be affixed this 21st
day of ril 2021
ATTEST:

RESOLUTION PROCLAIMING A LOCAL EMERGENCY

BY THE BOARD OF SUPERVISORS

COUNTY OF TULARE, STATE OF CALIFORNIA

IN THE MATTER OF A

LOCAL EMERGENCY DUE TO )

SEVERE DROUGHT CONDITIONS)
RESOLUTION NO. 2021-0290
WHEREAS, California's most recent drought spanning from approximately 2012 to 2018 required the proclamation of a Local Emergency by the County of Tulare from February 2014 to November 2019, as well as a Governor's State of Emergency and the combined resources of multiple local, state, and federal agencies, commercial entities, and non-profit organizations to mitigate; and
WHEREAS, over 3,000 failed or dry wells - including private domestic, community, and agricultural wells - were reported to Tulare County from 2014 to 2017 as a result of the prior drought, causing significant health, safety, and economic issues for Tulare County residents and businesses; and
WHEREAS, well over $100 million in emergency relief and permanent infrastructure projects were expended to mitigate the effects of the prior drought; and WHEREAS, a hydrological year ("water year") runs from October 1 to September 30 of the following year; and
WHEREAS, the current water year beginning October 1, 2020 is, to date, the third-driest on record, with potential to become the driest on record without significant additional precipitation which is unlikely to occur during the traditionally dry months; and WHEREAS, the United States Drought Monitor shows that 94.51 % of Tulare County is currently experiencing "Extreme Drought" (D3) conditions and the remaining 5.49% is in "Severe Drought" (D2) conditions, and the County of Tulare anticipates that these conditions will progress to "Exceptional Drought" (D4) conditions as occurred in the prior drought based on the current Southern Sierra snowpack measured at only 15% of historical average for April 1st, drastically reduced surface water allocations on the State Water Project and Central Valley Project, and correspondingly low water levels in local reservoirs ; and WHEREAS, surface water supply constraints create a demonstrable and unsustainable increase in demand for groundwater which is likely to cause additional dry wells for community water systems, private domestic wells, and agricultural wells, creating economic hardships and conditions of extreme peril to the health and safety of individuals within Tulare County requiring the combined forces of all levels of government to mitigate; and WHEREAS, California Government Code section 8630 empowers the Board of Supervisors to proclaim the existence or threatened existence of a local emergency; and WHEREAS, Section 1-15-1005 of the Tulare County Ordinance Code defines "emergency" to include "the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within [Tulare] County caused by such conditions as air pollution, fire, flood , storm , epidemic, riot, earthquake, or other conditions, ... which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of [Tulare] County, requiring the combined forces of other political subdivisions to combat"; and
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout said Tulare County due to drought which has created conditions of disaster and extreme peril to the safety of persons and property within the County, and that such conditions are or are likely to be beyond the control of the services, personnel , equipment, and/or facilities of this County, thus requiring the combined forces of other political subdivisions to combat; and IT IS FURTHER PROCLAIMED that this local emergency is proclaimed pursuant to the California Emergency Services Act, California Government Code §8550 et seq.; and IT IS REQUESTED that the Governor of the State of California find and proclaim Tulare County to be in a State of Emergency, and make available any and all material and financial support and resources necessary to combat the conditions of disaster, including but not limited to California Disaster Assistance Act funding for emergency protective measures and increased funding to relevant programs of the State Water Resources Control Board and Department of Water Resources ; and
IT IS FURTHER REQUESTED that the Governor waive and all regulations and statutes that may hinder response to this emergency; and
IT IS PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of Tulare County shall be those prescribed by State law, by ordinances and resolutions of Tulare County, and by the Tulare County Operational Area Emergency Operations Plan, as approved by the Board of Supervisors.

UPON MOTION OF SUPERVISOR MICARI, SECONDED BY SUPERVISOR

TOWNSEND, THE FOLLOWING WAS ADOPTED BY THE BOARD OF
SUPERVISORS, AT AN OFFICIAL MEETING HELD APRIL 27, 2021 , BY THE FOLLOWING VOTE:

AYES: SUPERVISORS MICARI , VANDERPOEL, SHUKLIAN, VALERO AND

TOWNSEND
NOES: NONE
ABSTAIN : NONE
ABSENT: NONE
~~~smia~rp__e:w. "fl
ATTEST:

BY:

JASON T. BRITT

COUNTY ADMINISTRATIVE OFFICER/

CLERK, BOARD OF SUPERVISORS

STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0002

TO ADOPT AN EMERGENCY REGULATION

TO SUPPLEMENT VOLUNTARY WATER CONSERVATION
WHEREAS:

1. On April 21, May 10, and July 8, 2021, Governor Newsom issued proclamations that a state of emergency exists in a total of 50 counties due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment.

2. On October 19, 2021, Governor Newsom signed a proclamation extending the drought emergency statewide and further urging Californians to reduce their water use.

3. There is no guarantee that winter precipitation will alleviate the current drought conditions.

4. Many Californians have taken bold steps over the years to reduce water use; nevertheless, the severity of the current drought and uncertainty about Water Year 2022 require additional conservation actions from residents and businesses.

5. Water conservation is the easiest, most efficient, and most cost-effective way to quickly reduce water demand and extend supplies into the next year, providing flexibility for all California communities. Water saved is water available next year, giving water suppliers the flexibility to manage their systems efficiently. The more water that is conserved now, the less likely it is that a community will experience such dire circumstances or that water rationing will be required.

6. Most Californians use more water outdoors than indoors. In many areas, 50 percent or more of daily water use is for lawns and outdoor landscaping. Outdoor water use is generally discretionary, and many irrigated landscapes would not suffer greatly from receiving a decreased amount of water.
2 7. Public information and awareness are critical to achieving conservation goals, and the Save Our Water campaign (SaveOurWater.com), run jointly by the Department of Water Resources (DWR) and the Association of California Water Agencies, is an excellent resource for conservation information and messaging that is integral to effective drought response.

8. SaveWater.CA.Gov is an online tool designed to help save water in communities. This website lets anyone easily report water waste from their phone, tablet, or computer by simply selecting the type of water waste they see, typing in the address where the waste is occurring, and clicking send.

These reports are filed directly with the State Water Resources Control Board (State Water Board or Board) and relevant local water supplier.

9. Enforcement against water waste is a key tool in conservation programs.

When conservation becomes a social norm in a community, the need for enforcement is reduced or eliminated.

10. On October 19, 2021, the Governor suspended the environmental review required by the California Environmental Quality Act to allow State Water Board-adopted drought conservation emergency regulations and other actions to take place quickly to respond to emergency conditions.

11. Water Code section 1058.5 grants the State Water Board the authority to adopt emergency regulations in certain drought years in order to: “prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter’s priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.”

12. On November 30, 2021, the State Water Board issued public notice that the State Water Board would consider the adoption of the regulation at the Board’s regularly scheduled January 4, 2022 public meeting, in accordance with applicable State laws and regulations. The State Water Board also distributed for public review and comment a Finding of Emergency that complies with State laws and regulations.

13. The emergency regulation sets a minimum standard that many communities are already doing more but not everyone is taking these lowcost, easy to implement actions that can save significant amounts of water during a drought emergency.
3 14. Disadvantaged communities may require assistance in increasing water conservation, and state and local agencies should look for opportunities to provide assistance in promoting water conservation, including but not limited to translation of regulation text and dissemination of water conservation announcements into languages spoken by at least 10 percent of the people who reside in a water supplier’s service area, such as in newspaper advertisements, bill inserts, website homepage, social media, and notices in public libraries.

15. The Board directs staff to consider the following in pursuing any enforcement of section 995, subdivision (b)(1)(A)-(F): before imposing monetary penalties, staff shall provide one or more warnings; monetary penalties must be based on an ability to pay determination, consider allowing a payment plan of at least 12 months, and shall not result in a tax lien; and Board enforcement shall not result in shutoff.

16. The Board encourages entities other than Board staff that consider any enforcement of this regulation to apply these same factors identified in resolved paragraph 15. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Moreover, the Water Code does not impose a mandatory penalty for violations of the regulation adopted by this resolution, and local agencies retain their enforcement discretion in enforcing the regulation, to the extent authorized, and may develop their own progressive enforcement practices to encourage conservation.

THEREFORE BE IT RESOLVED THAT:

1. The State Water Board adopts California Code of Regulations, title 23, section 995, as appended to this resolution as an emergency regulation.

2. State Water Board staff will submit the regulation to the Office of Administrative Law (OAL) for final approval.

3. If, during the approval process, State Water Board staff, the State Water Board, or OAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or designee may make such changes.
4 4. This regulation shall remain in effect for one year after filing with the Secretary of State unless the State Water Board determines that it is no longer necessary due to changed conditions or unless the State Water Board renews the regulation due to continued drought conditions, as described in Water Code section 1058.5.

5. The State Water Board directs State Water Board staff to work with the Department of Water Resources and the Save Our Water campaign to disseminate information regarding the emergency regulations.

6. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Local agencies are encouraged to develop their own progressive enforcement practices to promote conservation.

CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on January 4, 2022.

AYE: Vice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
Board Member Nichole Morgan
NAY: None
ABSENT: Chair E. Joaquin Esquivel
ABSTAIN: None
Jeanine Townsend
Clerk to the Board
5 ADOPTED TEXT OF EMERGENCY REGULATION
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article 2. Prevention of Drought Wasteful Water Uses
§ 995. Wasteful and Unreasonable Water Uses.
(a) As used in this section:
(1) “Turf” has the same meaning as in section 491.
(2) “Incidental runoff” means unintended amounts (volume) of runoff, such as unintended, minimal overspray from sprinklers that escapes the area of intended use.

Water leaving an intended use area is not considered incidental if it is part of the facility or system design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.
(b)(1) To prevent the unreasonable use of water and to promote water conservation, the use of water is prohibited as identified in this subdivision for the following actions:
(A) The application of potable water to outdoor landscapes in a manner that causes more than incidental runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures;
(B) The use of a hose that dispenses water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; (C) The use of potable water for washing sidewalks, driveways, buildings, structures, patios, parking lots, or other hard surfaced areas, except in cases where health and safety are at risk;
(D) The use of potable water for street cleaning or construction site preparation purposes, unless no other method can be used or as needed to protect the health and safety of the public;
(E) The use of potable water for decorative fountains or the filling or topping-off of decorative lakes or ponds, with exceptions for those decorative fountains, lakes, or ponds that use pumps to recirculate water and only require refilling to replace evaporative losses;
(F) The application of water to irrigate turf and ornamental landscapes during and within 48 hours after measurable rainfall of at least one fourth of one inch of rain.

In determining whether measurable rainfall of at least fourth of one inch of rain occurred in a given area, enforcement may be based on records of the National Weather Service, the closest CIMIS station to the parcel, or any other reliable source of rainfall data available to the entity undertaking enforcement of this subdivision; and
(G) The use of potable water for irrigation of ornamental turf on public street medians.
6 (2) Notwithstanding subdivision (b)(1), the use of water is not prohibited by this section to the extent necessary to address an immediate health and safety need. This may include, but is not limited to, the use of potable water in a fountain or water feature when required to be potable because human contact is expected to occur. (c)(1) To prevent the unreasonable use of water and to promote water conservation, any homeowners’ association or community service organization or similar entity is prohibited from:
(A) Taking or threatening to take any action to enforce any provision of the governing documents or architectural or landscaping guidelines or policies of a common interest development where that provision is void or unenforceable under section 4735, subdivisions (a) and (b) of the Civil Code; (B) Imposing or threatening to impose a fine, assessment, or other monetary penalty against any owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during a declared drought emergency, as described in section 4735, subdivision (c) of the Civil Code; or (C) Requiring an owner of a separate interest upon which water-efficient landscaping measures have been installed in response to a declared drought emergency, as described in section 4735, subdivisions (c) and (d) of the Civil Code, to reverse or remove the water-efficient landscaping measures upon the conclusion of the state of emergency.
(2) As used in this subdivision:
(A) “Architectural or landscaping guidelines or policies” includes any formal or informal rules other than the governing documents of a common interest development.
(B) “Homeowners’ association” means an “association” as defined in section 4080 of the Civil Code.
(C) “Common interest development” has the same meaning as in section 4100 of the Civil Code.
(D) “Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
(E) “Governing documents” has the same meaning as in section 4150 of the Civil Code.
(F) “Separate interest” has the same meaning as in section 4185 of the Civil Code.
(3) If a disciplinary proceeding or other proceeding to enforce a rule in violation of subdivision (c)(1) is initiated, each day the proceeding remains pending shall constitute a separate violation of this regulation.
(d) To prevent the unreasonable use of water and to promote water conservation, any city, county, or city and county is prohibited from imposing a fine under any local maintenance ordinance or other relevant ordinance as prohibited by section 8627.7 of the Government Code.
7 (e) The taking of any action prohibited in subdivision (b), (c) or (d) is an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal.
(f) A decision or order issued under this section by the Board or an officer or employee of the Board is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.

Authority: Section 1058.5, Water Code.

References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110, 4150, 4185, and 4735, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275, 350, 491, and 1122, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463; Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976.

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-22
WHEREAS on April 12, 202 l, May l 0, 2021, July 8, 202 l, and October 19, 2021, I proclaimed states of emergency that continue today and exist across all the counties of California, due to extreme and expanding drought conditions; and
WHEREAS climate change continues to intensify the impacts of droughts on our communities, environment, and economy, and California is in a third consecutive year of dry conditions, resulting in continuing drought in all parts of the State; and
WHEREAS the 21st century to date has been characterized by record warmth and predominantly dry conditions, and the 2021 meteorological summer in California and the rest of the western United States was the hottest on record; and
WHEREAS since my October 19, 2021 Proclamation, early rains in October and December 2021 gave way to the driest January and February in recorded history for the watersheds that provide much of California's water supply; and WHEREAS the ongoing drought will have significant, immediate impacts on communities with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the two largest reservoirs of the Central Valley Project, which supplies water to farms and communities in the Central Valley and the Santa Clara Valley and provides critical cold-water habitat for salmon and other anadromous fish, have water storage levels that are approximately l .1 million acre-feet below last year's low levels on this date; and WHEREAS the record-breaking dry period in January and February and the absence of significant rains in March have required the Department of Water Resources to reduce anticipated deliveries from the State Water Project to 5 percent of requested supplies; and
WHEREAS delivery of water by bottle or truck is necessary to protect human safety and public health in those places where water supplies are disrupted; and
WHEREAS groundwater use accounts for 41 percent of the State's total water supply on an average annual basis but as much as 58 percent in a critically dry year, and approximately 85 percent of public water systems rely on groundwater as their primary supply; and
WHEREAS coordination between local entities that approve permits for new groundwater wells and local groundwater sustainability agencies is important to achieving sustainable levels of groundwater in critically overdrafted basins; and
WHEREAS the duration of the drought, especially following a multiyear drought that abated only five years ago, underscores the need for California to redouble near-, medium-, and long-term efforts to adapt its water management and delivery systems to a changing climate, shifting precipitation patterns, and water scarcity; and
WHEREAS the most consequential, immediate action Californians can take to extend available supplies is to voluntarily reduce their water use by 15 percent from their 2020 levels by implementing the commonsense measures identified in operative paragraph 1 of Executive Order N-10-21 (July 8, 2021 ); and
WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

1. The orders and provisions contained in my April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021 Proclamations remain in fu ll force and effect, except as modified by those Proclamations and herein.

State agencies shall continue to implement all directions from those Proclamations and accelerate implementation where feasible.

2. To help the State achieve its conservation goals and ensure sufficient water for essential indoor and outdoor use, I call on all Californians to strive to limit summertime water use and to use water more efficiently indoors and out. The statewide Save Our Water conservation campaign at SaveOurWater.com provides simple ways for Californians to reduce water use in their everyday lives. Furthermore, I encourage Californians to understand and track the amount of water they use and measure their progress toward their conservation goals.

3. By May 25, .2022, the State Water Resources Control Board (Water Board) shall consider adopting emergency regulations that include all of the following:
a. A requirement that each urban water supplier, as defined in section 10617 of the Water Code, shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code;
b. A requirement that each urban water supplier that has submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2), by a date to be set by the Water Board; and
c. A requirement that each urban water supplier that has not submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum,
shortage response actions established by the Water Board, which shall take into consideration model actions that the Department of Water Resources shall develop for urban water supplier water shortage contingency planning for Level 2, by a date to be set by the Water Board.

To further conserve water and improve drought resiliency if the drought lasts beyond this year, I encourage urban water suppliers to conserve more than required by the emergency regulations described in this paragraph and to voluntarily activate more stringent local requirements based on a shortage level of up to thirty percent (Level 3).

4. To promote water conservation, the Department of Water Resources shall consult with leaders in the commercial, industrial, and institutional sectors to develop strategies for improving water conservation, including direct technical assistance, financial assistance, and other approaches. By May 25, 2022, the Water Board shall consider adopting emergency regulations defining "non-functional turf" (that is, a definition of turf that is ornamental and not otherwise used for human recreation purposes such as school fields, sports fields, and parks) and banning irrigation of non-functional turf in the commercial, industrial, and institutional sectors except as it may be required to ensure the health of trees and other perennial non-turf plantings.

5. In order to maximize the efficient use of water and to preserve water supplies critical to human health and safety and the environment, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended, with respect to the directives in paragraphs 3 and 4 of this Order and any other projects and activities for the purpose of water conservation to the extent necessary to address the impacts of the drought, and any permits necessary to carry out such projects or activities. Entities that desire to conduct activities under this suspension, other than the directives in paragraphs 3 and 4 of this Order, shall first request that the Secretary of the Natural Resources Agency make a determination that the proposed activities are eligible to be conducted under this suspension. The Secretary shall use sound discretion in applying this Executive Order to ensure that the suspension serves the purpose of accelerating conservation projects that are necessary to address impacts of the drought, while at the same time protecting public health and the environment. The entities implementing these directives or conducting activities under this suspension shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

6. To support voluntary approaches to improve fish habitat that would require change petitions under Water Code section 1707 and either Water Code sections 1425 through 1432 or Water Code sections 1725 through 1732, and where the primary purpose is to improve conditions for fish, the Water Board shall expeditiously consider petitions that add a fish and wildlife beneficial use or point of diversion and place of storage to improve conditions for anadromous fish. California Code of Regulations, title 23, section 1064, subdivisions ( a) ( 1) (A) (i)-(ii) are suspended with respect to any petition that is subject to this paragraph.

7. To facilitate the hauling of water for domestic use by local communities and domestic water users threatened with the loss of water supply or degraded water quality resulting from drought, any ordinance, regulation, prohibition, policy, or requirement of any kind adopted by a public agency that prohibits the hauling of water out of the water's basin of origin or a public agency's jurisdiction is hereby suspended. The suspension authorized pursuant to this paragraph shall be limited to the hauling of water by truck or bottle to be used for human consumption, cooking, or sanitation in communities or residences threatened with the loss of affordable safe drinking water.

Nothing in this paragraph limits any public health or safety requirement to ensure the safety of hauled water.

8. The Water Board shall expand inspections to determine whether illegal diversions or wasteful or unreasonable use of water are occurring and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. When access is not granted by a property owner, the Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of conducting an inspection pursuant to this directive.

9. To protect health, safety, and the environment during this drought emergency, a county, city, or other public agency shall not:
a. Approve a permit for a new groundwater well or for alteration of an existing well in a basin subject to the Sustainable
Groundwater Management Act and classified as medium- or high-priority without first obtaining written verification from a Groundwater Sustainability Agency managing the basin or area of the basin where the well is proposed to be located that groundwater extraction by the proposed well would not be inconsistent with any sustainable groundwater management program established in any applicable Groundwater
Sustainability Plan adopted by that Groundwater Sustainability Agency and would not decrease the likelihood of achieving a sustainability goal for the basin covered by such a plan; or b. Issue a permit for a new groundwater well or for alteration of an existing well without first determining that extraction of groundwater from the proposed well is (1) not likely to interfere with the production and functioning of existing nearby wells, and (2) not likely to cause subsidence that would adversely impact or damage nearby infrastructure.

This paragraph shall not apply to permits for wells that will provide less than two acre-feet per year of groundwater for individual domestic users, or that will exclusively provide groundwater to public water supply systems as defined in section 116275 of the Health and Safety Code.

10. To address household or small community drinking water shortages dependent upon groundwater wells that have failed due to drought conditions, the Department of Water Resources shall work with other state agencies to investigate expedited regulatory pathways to modify, repair, or reconstruct failed household or small community or public supply wells, while recognizing the need to ensure the sustainability of such wells as provided for in paragraph 9.

11. State agencies shall collaborate with tribes and federal, regional, and local agencies on actions related to promoting groundwater recharge and increasing storage.

12. To help advance groundwater recharge projects, and to demonstrate the feasibility of projects that can use available high water flows to recharge local groundwater while minimizing flood risks, the Water Board and Regional Water Quality Control Boards shall prioritize water right permits, water quality certifications, waste discharge requirements, and conditional waivers of waste discharge requirements to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife. For the purposes of carrying out this paragraph, Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division, and Chapter 3 ( commencing with section 85225) of Part 3 of Division 35 of the Water Code and regulations adopted pursuant thereto are hereby suspended to the extent necessary to address the impacts of the drought. This suspension applies to (a) any actions taken by state agencies, (b) any actions taken by local agencies where the state agency with primary responsibility for the implementation of the directives concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b). The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

13. With respect to recharge projects under either Flood-Managed Aquifer Recharge or the Department of Water Resources Sustainable Groundwater Management Grant Program occurring on open and working lands to replenish and store water in groundwater basins that will help mitigate groundwater conditions impacted by drought, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Department of Water Resources concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b), Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought. The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

14. To increase resilience of.state water supplies during prolonged drought conditions, the Department of Water Resources shall prepare for the potential creation and implementation of a multi-year transfer program pilot project for the purpose of acquiring water from willing partners and storing and conveying water to areas of need.

15. By April 15, 2022, state agencies shall submit to the Department of Finance for my consideration proposals to mitigate the worsening effects of severe drought, including emergency assistance to communities and households and others facing water shortages as a result of the drought, facilitation of groundwater recharge and wastewater recycling, improvements in water use efficiency, protection of fish and wildlife, mitigation of drought-related economic or water-supply disruption, and other potential investments to support short- and long-term drought response.

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 28th
day of March 2022.

I I
,:, .
l · I'
t (.1 I
l~~-~-- GAVIN NEWSOM
Governor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State

DRINKING WATER CONSTRUCTION
LOAN
AGREEMENT NO. SWRCB0000000000D2002017
by and between
CITY OF PORTERVILLE (“Recipient”)
and
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD (“State Water Board”) for the purpose of the

AKIN/CENTRAL WATER CONSOLIDATION PROJECT
5410010-018C AND 5400655-001C (“Project”)
• Section 116760 et seq. of the Health and Safety Code and Resolution Nos. 2019-0065 and 2020- 0022.

PROJECT FUNDING AMOUNT: $4,787,664
PRINCIPAL FORGIVENESS COMPONENT: $4,787,664
ESTIMATED REASONABLE PROJECT COST: $4,787,664
ELIGIBLE WORK START DATE: JULY 1, 2016
ELIGIBLE CONSTRUCTION START DATE: SEPTEMBER 22, 2020
CONSTRUCTION COMPLETION DATE: OCTOBER 1, 2023
FINAL REIMBURSEMENT REQUEST DATE: APRIL 1, 2024
RECORDS RETENTION END DATE: OCTOBER 1, 2059
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

3pg18xi20

1. The State Water Board and the Recipient mutually promise, covenant, and agree to the terms, provisions, and conditions of this Agreement, including the following Exhibits, which are attached hereto or are incorporated by reference:
• Exhibit A – Scope of Work and Schedule
• Exhibit B – Specific Funding Provisions
• Exhibit C – GENERAL TERMS AND CONDITIONS 2019-NOV
• Exhibit D – Special Conditions

2. The following documents are also incorporated by reference:
• the Drinking Water System Permit No. 03-12-06P-004;
• the Davis-Bacon requirements found at:
https://www.waterboards.ca.gov/water_issues/programs/grants_loans/srf/docs/davisbacon/2020_ dwsrf_governmental_entities.pdf

3. Party Contacts during the term of this Agreement are:

State Water Board City of Porterville
Section: Division of Financial Assistance
Name: Pete Stamas, Project Manager Name: Monte Reyes, Mayor Address: 1001 I Street, 16th Floor Address: 291 North Main Street City, State,
Zip:

Sacramento, CA 95814 City, State, Zip: Porterville, CA 93257 Phone: (916) 552-9983 Phone: (559) 782-7499
Fax: Fax:

Email: [email protected] Email: [email protected] Each party may change its contact upon written notice to the other party. While Party Contacts are contacts for day-to-day communications regarding Project work, the Recipient must provide official communications and notices to the Division’s Deputy Director.

4. Conditions precedent to this Agreement are set forth as follows:
(a) The Recipient must deliver an opinion of general counsel satisfactory to the State Water Board’s counsel dated on or after the date that the Recipient signs this Agreement. (b) The Recipient must deliver to the Division a resolution authorizing this Agreement and identifying its authorized representative by title.
(c) The Recipient must deliver to the Division a resolution certifying that its decision-making body reviewed and considered the Mitigated Negative Declaration filed by the State Water Board for the Akin Water Company Water Supply Project together with the Mitigation Monitoring and Reporting Program and reached its own conclusions on whether and how to approve the Project, pursuant to Section 15050 (b) of the CEQA Guidelines.

5. The Recipient represents, warrants, and commits to the following as of the Eligible Work Start Date and continuing thereafter for the term of this Agreement, which shall be at least until the Records Retention End Date:
(a) The Recipient agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents.
(b) The execution and delivery of this Agreement, including all incorporated documents, has been duly authorized by the Recipient. Upon execution by both parties, this Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

3pg18xi20
(c) None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of Recipient. The Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Recipient is able to pay its debts as they become due. The Recipient maintains sufficient insurance coverage considering the scope of this Agreement, including, for example but not necessarily limited to, general liability, automobile liability, workers compensation and employer liability, professional liability. (d) The Recipient is in compliance with all State Water Board funding agreements to which it is a party.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit A
EXHIBIT A – SCOPE OF WORK AND SCHEDULE
A.1. PROJECT PURPOSE AND DESCRIPTION.

The Project is for the benefit of the Recipient and has a Useful Life of at least 40 years. The funding under this Agreement shall be used to provide the residents of two small disadvantaged communities currently served by Akin Water Company (Akin WC) and Central Mutual Water Company (Central MWC) with a sustainable source of safe drinking water.

A.2. SCOPE OF WORK.

The Recipient agrees to do the following: consolidate with Akin WC and Central MWC. Recipient also agrees to construct a new production well, estimated to produce between 1,300 and 1,800 gallons per minute, to provide the needed source capacity for the consolidation of Akin WC, the consolidation of Central MWC, as well as satisfy the remainder of East Porterville residents’ capacity needs.

The Recipient agrees to do the following for the Akin WC service area: construct approximately 1,500 feet of 8-inch waterline to provide water service to each customer currently served by Akin WC; install approximately three new fire hydrants and twenty-six new service laterals and meters; and destroy Akin WC’s two existing wells.

The Recipient agrees to do the following for the Central MWC service area: construct approximately 1,400 feet of 6-inch waterline to provide water service to each customer currently served by Central MWC; install approximately four new fire hydrants and thirty-four new service laterals and meters; and destroy Central MWC’s existing well.

Upon Completion of Construction, the Recipient must expeditiously initiate Project operations.

A.3 SIGNAGE
The Recipient must place a professionally prepared sign at least four feet tall by eight feet wide made of ¾ inch thick exterior grade plywood or other approved material in a prominent location on the Project site and must maintain the sign in good condition for the duration of Project implementation. The sign may include another agency’s required information and must include, prominently displayed, the following disclosure statement and color logos (available from the Division):

“Funding for this project has been provided in full or in part under the Drinking Water State Revolving Fund, which may include capitalization funding from the United States Environmental Protection Agency through an agreement with the State Water Resources Control Board.” A.4 SCHEDULE.

Failure to provide items by the due dates indicated in the table below may constitute a material violation of this Agreement. The Project Manager may adjust the dates in the “Estimated Due Date” column of this table, but Critical Due Date adjustments will require an amendment to this Agreement. The Recipient City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit A
must complete and submit all work in time to be approved by the Division prior to the Project Completion Date. As applicable for specific submittals, the Recipient must plan adequate time to solicit, receive, and address comments prior to submitting the final submittal. The Recipient must submit the final Reimbursement Request prior to the Final Reimbursement Request Date set forth on the Cover Page.

ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE
DATE

ESTIMATED DUE
DATE
EXHIBIT A – SCOPE OF WORK
A. ADDITIONAL SUBMITTAL(S) TO DIVISION

1. Final Plans and Specifications September 1, 2021

2. Final Budget Approval Package February 1, 2022

3. Completion of Construction October 1, 2023
B. REPORTS

1. Progress Reports Quarterly

2. Final Inspection and Certification October 1, 2023

3. Project Completion Report December 1, 2023
4 As Needed Reports TBD
EXHIBIT B – REIMBURSEMENTS, BUDGET DETAIL, AND REPORTING PROVISIONS A. REIMBURSEMENTS

1. Reimbursement Requests Quarterly

2. Final Reimbursement Request April 1, 2024
The Recipient must award the prime construction contract and begin construction timely. The Recipient must deliver any request for extension of the Completion of Construction Date no less than 90 days prior to the Completion of Construction Date.

A.5 PROGRESS REPORTS.

The Recipient must provide a progress report to the Division each quarter, beginning no later than 90 days after execution of this Agreement. The Recipient must provide a progress report with each Reimbursement Request. Failure to provide a complete and accurate progress report may result in the withholding of Project Funds, as set forth in Exhibit B. A progress report must contain the following information:
1) A summary of progress to date including a description of progress since the last report, percent construction complete, percent contractor invoiced, and percent schedule elapsed;
2) A description of compliance with environmental requirements; 3) A listing of change orders including amount, description of work, and change in contract amount and schedule; and
4) Any problems encountered, proposed resolution, schedule for resolution, and status of previous problem resolutions.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017