Agenda packet — Porterville City Council, June 20, 2022 (part 1 of 4)

City Council Agenda June 20, 2022

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ADJOURNED REGULAR

CITY COUNCIL MEETING AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
MONDAY, JUNE 20, 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 – Adjourned Regular City Council Meeting of Monday, June 20, 2022 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/87480105422?pwd=d2pBcitmRVFnZXlCS08rbWU4Q050dz09 Or via Telephone: 1-669-900-6833 Webinar ID: 874 8010 5422 Passcode: 952009 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 City Peace Officers Association, Porterville City Employees Association, Public Safety Support Unit, Management & Confidential Series, Fire Officer Series, Porterville City Firefighters Association, and all unrepresented management employees. 2 - Government Code Section 54956.95 – Liability Claim: Claimant: Manual Lopez. Agency claimed against: City of Porterville.
3 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: John Duran v. City of Porterville, U.S. District Court, Eastern Div., Case No. 1:22-CV-00614-DAD-SAB.

City Council Agenda June 20, 2022

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4 - 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.

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

REPORTABLE ACTION TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Mayor Flores
Invocation

PRESENTATIONS
Employee of the Month - Fernando Gabriel-Moraga
AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3. 1 - Tule River Tribe Beam Raising Ceremony - June 7, 2022 2 - KJUG Free Summer Concert - June 7, 2022
3 - Local Initiatives Navigation Center (LINC) Committee - June 8, 2022 4 - Cal Cities Policy Committee - June 9, 2022
5 - Tulare County Economic Development Corporation (TCEDC) Real Estate Summit - June 10, 2022
6 - Leadership Porterville 2022 Class Graduation - June 10, 2022 7 - Tulare County Water Commission - June 13, 2022
8 - Flag Day Ceremony - June 14, 2022
9 - Tulare County Task Force on Homelessness - June 15, 2022 10 - San Joaquin Valley Air Pollution Control District Board - June 16, 2022

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

I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - June 6, 2022

2. Library & Literacy Commission - (Summer Hiatus)

3. Arts Commission - May 24, 2022

4. Animal Control Commission

5. Youth Commission – (Summer Hiatus)
City Council Agenda June 20, 2022

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6. Transactions and Use Tax Oversight Committee (TUTOC) - May 19, 2022 II. Staff Informational Reports

1. Water Conservation Phase IV Status Update - May 2022

2. Consideration of Density Increase of High Density Residential Parcels Update

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.

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 Police Mobile Data Terminals Re: Consideration to authorize staff to purchase ten (10) Dell Latitude 7220 tablet Mobile Data Terminals for $27,102.80 plus the applicable sales tax and shipping charges.

2. Request Authorization to Replace Police Vehicle
Re: Considering approval of the purchase of a 2022 Ford Explorer from National Auto Fleet Group for $47,174.39 to replace a police vehicle which was involved in an on-duty traffic collision.

3. Authorization to Repair Electrical Equipment for City Well No. 19 Re: Consider authorization to repair City Well No. 19, initiation of a Purchase Order and payment to Telstar Instruments in an amount not to exceed $35,050.

4. Authorization to Distribute a Request for Qualifications for Design Services - Fourth Street Community Center and Park
Re: Consideration to authorize staff to distribute a Design Services Request for Qualifications for the proposed Fourth Street Community Center and Park located at the southeast corner of Henderson Avenue and Fourth Street along the Santa Fe Byway Trail (formally known as Rails-to-Trails).

5. Bid Results - Animal Shelter Project
Re: Council authorization for staff to re-bid the Animal Shelter Project located at 185 N. "D" Street.

6. Approval of State Senate Bill 1 Project List for Fiscal Year 2022-2023 Re: Consideration to adopt the draft Resolution for the SB1 project List for the Fiscal Year 2022-2023; and submittal of the project list to the California Transportation Commission to secure the City's FY 2022-2023 RMRA apportionment.

7. A Resolution Approving the Application for the State Assembly Bill 836 Clean Air Centers Pilot Program through the San Joaquin Valley Air Pollution Control District Re: Consideration to adopt a draft Resolution approving the application for the AB 846 Clean Air Centers Pilot Program through the San Joaquin Valley Air Pollution Control District.

City Council Agenda June 20, 2022

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8. Consideration of Partnership Agreement with Porterville Unified School District Transformative Climate Communities Grant Application
Re: Consideration to approve the draft Partnership Agreement with the Porterville Unified School District in support of a grant application to the State of California Strategic Growth Council for an implementation grant through the Transformative Climate Communities Program.

9. Intent to Set a Public Hearing to Consider the Formation of a Sewer Utility District for Island Annexation Area 479A
Re: Authorization to set a Public Hearing date for August 2, 2022, pursuant to Proposition 218 Guidelines, for consideration to form Sewer Utility District Area 479A; and approve the Engineers Report for Sewer Utility Area 479A.

10. Amendment No. 5 to Carollo Engineers, Inc. Professional Services Agreement for Master Plan Updates and Recycled Water Feasibility Study Re: Considering an addendum to the Services Agreement for final/close-out work at an agreed upon fee of $266,897.67, and approving funding from the Storm Water Revolving Fund, the Sewer Revolving Fund, the Wastewater Treatment Facility Reserve Fund, and the Water Revolving Fund.

11. Police Firing Range Cooperative Agreement with City of Lindsay Re: Consideration to approve the Police FIring Range Cooperative Agreement with the City of Lindsay for the period of July 1, 2022 through June 30, 2025.

12. Adoption of a Resolution Approving the Draft Memorandum of Understanding (MOU) between the City of Porterville and Tulare County Regional Transit Agency (TCRTA) for Public Transportation Services
Re: Adoption of a draft Resolution approving a draft Memorandum of Understanding (MOU) between the City of Porterville and Tulare County Regional Transit Agency (TCRTA) for such responsibility to own, operate and administer public transportation services.

13. Authorization to Execute Consultant Agreement with COAR Design Group (formerly known as Jeff Katz Architectural Corporation or JKA)
Re: Consideration to approve the Consultant Service Agreement for the Design work relating to the Remodel/Additions at Existing Fire Stations Project, with COAR Design Group (formerly JKA) in the amount not to exceed $800,000 for design and construction support services.

14. Preliminary Annual Engineer's Report of Assessments for Landscape and Lighting Maintenance Districts and Setting a Public Hearing
Re: Consideration of Resolutions concerning the Landscape and Lighting Maintenance Districts for the 2022-2023 Fiscal Year to order the preparation of and give preliminary approval to the Engineer's Report, declare the intent to levy and collect assessments and offer a time & place for hearing objections, and scheduling a Public Hearing for July 19, 2022 at 6:30 p.m. to receive public input.

15. Renewal of Airport Lease Agreement - Lot No. 31A
Re: Consideration to approve the renewal of the Lease Agreement between the City and James Costa for Lot No. 31A at the Porterville Municipal Airport for a term of ten (10) years.

16. Renewal of Airport Lease Agreement - Lot No. 46A
City Council Agenda June 20, 2022

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Re: Consideration to approve the renewal of the Lease Agreement between the City and Janelle Abiog for Lot No. 46A at the Porterville Municipal Airport for a term of fifteen (15) years.

17. Community Civic Event - Kings View Corporation - Kings View One Stop Outreach Event - June 28, 2022
Re: Considering approval of a community civic event scheduled for June 28, 2022, to take place at Zalud Park from 10:00 AM to 12:00 PM.

18. Cancellation of July 5, 2022, City Council Meeting
Re: Consider cancellation of the first Council Meeting in July due to the Independence Day holiday.

19. 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.

20. 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

21. Adoption of Fiscal Year 2022-2023 Budget
Re: Consideration of adoption of the proposed 2022-2023 Fiscal Year Budget.

22. Annual Adjustment of Fees by Application of the Engineering News-Record (ENR) Cost Index
Re: Receiving public comment concerning the ENR Cost Index automatic increase for FY 2022-2023 of 8.14%.

SCHEDULED MATTERS

23. Request for Approval of the Street Sections for the Fiscal Year 2022-2023 Asphalt Hot Mix Program
Re: Considering approval of the 2022-2023 Asphalt Hot Mix Program locations.

24. Authorization to Participate in Cooperative Purchasing Programs on Existing Asphalt Contracts
Re: Council authorization to participate in Cooperative Purchasing Programs on Existing Asphalt Contracts between the County of Tulare and Jaxon Enterprises, and Delano Rock & Asphalt.

25. Asphalt Grinding Program for Fiscal Year 2022-2023
Re: Consideration to authorize staff to secure annual grinding contractor services for the Fiscal Year 2022-2023 Street Maintenance and Overlay Program.

26. Street Striping Program for Fiscal Year 2022-2023
Re: Consideration of authorizing staff to secure annual striping contractor services for the Fiscal Year 2022-2023 to support the Self-Performed Street Maintenance and Overlay Program.

City Council Agenda June 20, 2022

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27. Annual Hauling Services for Asphalt Maintenance Program Re: Authorization to secure annual hauling contractor services with Mike Clark Trucking for the Fiscal Year 2022-2023 Capital Improvement Projects Overlay Program.

28. Request for Approval of the Cold Mix Asphalt Overlay Program for Fiscal Year 2022- 2023
Re: Considering approval of the 2022-2023 Asphalt Overlay Program and authorizing the expenditure of $1,000,000.

29. Authorization to Purchase Fixed Network Radio Water Meter Infrastructure Re: Authorization to purchase fixed network radio water meter infrastructure from Hydro Pro Solutions, a proprietary distributor of Master Meter, at a cost not to exceed $4,932,437.

30. Bid Results - Island Annexation Area 478 B & C Sewer Project Re: Awarding the Island Annexation Area 478B & C Project to West Valley Construction for the amount of $3,433,835; authorizing progress payments, a 10% contingency and $343,383 for construction management, construction surveying, quality control, and inspection services; authorizing the City Engineer to negotiate construction surveying services with one of the firms as approved by Council MO #04-041922; and authorizing an additional appropriation of $3,020,601 from the Sewer Revolving fund.

31. SB 1205 Annual Fire Department Inspection Reporting Re: Consideration to adopt the draft Resolution acknowledging receipt of the fire chief's annual report regarding the Porterville Fire Department inspection of specific buildings and occupancies pursuant to sections 13146.2 and 13146.3 of the California Health and Safety Code.

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 July 5, 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 – JUNE 20, 2022
SUBJECT: 1. Water Conservation Phase IV Status Update - May 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, and transitioned from Phase IV to Phase III as of June 1, 2022. 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 May 2022 show that a total of fifty-one (51) notices of violation were issued for water wasting, and two administrative citations were issued.

Water production for May 2022 reflects a ten percent (10%) reduction on the 5- year average. The monthly production for May was 315 million gallons, which is a thity-three percent (33%) decrease in comparison to the monthly production for May 2013 of 472 million gallons. Residential consumption for May 2022 was 117 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 May 2022. Porterville's cumulative total production conservation through May 2022 is twenty percent (20%). The cumulative total of GPCD for the City of Porterville's conservation efforts will be reflected from June 2015 through May 2022. Porterville's cumulative total GPCD conservation through May 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 seven percent (7%) decrease from May 2021 to May 2022.

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

2. Monthly Production Status GPCD May 2022

3. Drought Response Phase IV Flyer

4. Drought Response Phase III 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 May 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 May 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
The City of Porterville has adopted Phase III of its Drought Response Plan.

As part of the Phase III plan, the City has restricted watering days to two days per week, based on address.

WATERING PROHIBITED

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

NO WATERING ON

MONDAYS, THURSDAYS,
AND FRIDAYS.

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

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

OR
CITY COUNCIL AGENDA – JUNE 20, 2022
SUBJECT: 2. Consideration of Density Increase of High Density Residential Parcels Update
SOURCE: Community Development
COMMENT: At its meeting on December 7, 2021, the City Council directed staff to process an amendment to the Porterville Development Ordinance and General Plan to increase the density of High Density Residential parcels to 30.5 units per acre and engage an environmental consultant to perform an environmental review of the amendment. Staff noticed a Public Hearing for the consideration of the environmental review and amendments to the Porterville Development Ordinance and General Plan to be considered on June 20, 2022. After the public notice was issued, it was determined that additional review of the proposed amendments and environmental review is needed. Staff will notice a Public Hearing for the consideration of the environmental review and amendments to the Porterville Development Ordinance and General Plan for a future meeting.

RECOMMENDATION: Information Only
ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Community Development Director
Final Approver: John Lollis, City Manager
Item No. 1.

CITY COUNCIL AGENDA – JUNE 20, 2022
SUBJECT: Authorization to Purchase Police Mobile Data Terminals SOURCE: Police
COMMENT: In 2009, the Police Department began the purchasing process for Mobile Data Terminals (MDT’s) for use by field personnel during the course of their duties.

At inception, the MDT’s allowed personnel to conduct necessary inquiries in the field, as well as keep themselves and others updated on current incidents in progress and allowing the transmission of required information between field units (a field unit includes marked patrol cars, Community Service Officer vehicles and Animal Control vehicles) and the Department's Communications Center. In addition, the use of MDT’s reduces the workload of Communications personnel who, prior to the purchase of the MDT’s, were responsible for all of the above tasks. A significant reduction in radio transmissions was also realized upon implementation of the MDT’s and advanced GPS location, thus enhancing Officer safety.

Today, the Department operates solely on paperless reporting and the MDTs are a vital piece of that process. In the last 3 years, Officers and other field personnel have come to be extremely reliant on these technological systems. Incar cameras, Racial Identity and Profiling Act (RIPA) reporting, and mobile Computer Automated Dispatch have added to the necessity of these MDT's within the daily routine of field and investigative personnel.

In 2016, the Department transitioned to Dell and purchased the Dell Latitude tablet Mobile Dispatch Terminal. Dell has become the sole provider for all Department MDT equipment and the Department has remained with this specific unit as the preferred operational platform recommended by the City's Information Technology (IT) Division. However, ten (10) of the MDT’s purchased approximately six years ago have reached the end of their service life and are no longer functioning or repairable per IT personnel.

A quote for ten (10) Dell tablet MDT’s were obtained and are as listed:
(10) Dell Latitude 7220 and related hardware/software $27,102.80 Based on the above, the Department is requesting City Council approval to purchase ten (10) Dell Latitude 7220 tablet MDT’s. Funding is available in the Department’s Fiscal Year 2021-2022 operating budget.

RECOMMENDATION: That the City Council:

Item No. 1.

1. Approve staff to purchase ten (10) Dell Latitude 7220 tablet Mobile Data Terminals for $27,102.80 plus the applicable sales tax and shipping charges.

2. Authorize payment upon delivery.

ATTACHMENTS: 1. Dell Technologies Quote
Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: John Lollis, City Manager
A quote for your consideration
Based on your business needs, we put the following quote together to help with your purchase decision. Below is a detailed summary of the quote we’ve created to help you with your purchase decision.

To proceed with this quote, you may respond to this email, order online through your Premier page, or, if you do not have Premier, use this Quote to Order.

Quote No. 3000120958901.1
Total $27,102.80
Customer # 4023319
Quoted On May. 23, 2022
Expires by Jun. 22, 2022
Contract Name
Dell NASPO Computer
Equipment PA - California
Contract Code C000000181156
Customer Agreement # MNWNC-108/7157034003
Deal ID 22596083
Sales Rep Brittnie Hall
Phone (800) 456-3355, 6184609
Email [email protected]
Billing To ACCOUNTS PAYABLE

CITY OF PORTERVILLE
291 N MAIN ST
PORTERVILLE, CA 93257-3737
Message from your Sales Rep
Please contact your Dell sales representative if you have any questions or when you're ready to place an order. Thank you for shopping with Dell!
Regards, Brittnie Hall
Shipping Group
Shipping To

ATTENTION SARAH

CITY OF PORTERVILLE
350 N D ST
PORTERVILLE, CA 93257-3651
(559) 782-7440
Shipping Method
Standard Delivery
Product Unit Price Quantity Subtotal
Dell Latitude 7220 $2,706.28 10 $27,062.80
Subtotal:

Shipping:

Environmental Fee:

Non-Taxable Amount:

Taxable Amount:

Estimated Tax:

Total:
$27,062.80
$0.00
$40.00
$27,102.80
$0.00
$0.00
$27,102.80

Page 1 ends

Shipping Group Details
Shipping To

ATTENTION SARAH

CITY OF PORTERVILLE
350 N D ST
PORTERVILLE, CA 93257-3651
(559) 782-7440
Shipping Method
Standard Delivery
Quantity Subtotal
Dell Latitude 7220
Estimated delivery if purchased today:

Jul. 19, 2022
Contract # C000000181156
Customer Agreement # MNWNC-108/7157034003
$2,706.28 10 $27,062.80
Description SKU Unit Price Quantity Subtotal
Dell Latitude 7220 Rugged, CTO 210-ATEF - 10 -
8th Generation Intel Core i7-8665U Processor (4 Core,8MB Cache,1.9GHz,15W) 379-BDQU
- 10 - Windows 10 Pro English, French, Spanish 619-AHKN - 10 - No Microsoft Office License Included – 30 day Trial Offer Only 658-BCSB - 10 - Intel Core i7-8665U with u-blox NEO-M8 GPS card 16GB Memory 338-BTPS - 10 - No Out-of-Band Systems Management - vPro Disabled 631-ACHF - 10 - 16GB 2133MHz LPDDR3 Memory 370-AFDB - 10 - M.2 512GB PCIe NVMe Class 40 Solid State Drive 400-BGWO - 10 -

11.6", FHD (1920 x 1080), 1000 Nit Outdoor-Readable, AG/AS/AP, Glove-Capable Touchscreen 391-BEVG
- 10 -
Intel Wi-Fi AX200 Driver with Bluetooth 555-BFIW - 10 - Intel AX200 Wireless Card Rugged 555-BFJX - 10 - DW5821E Snapdragon X20 4G/LTE Wireless WAN card for Verizon 556-BCDY - 10 - Dell WWAN Bracket Bar for Rugged 575-BCBR - 10 - 2-cell 34wH) Lithium Ion Primary Battery 451-BCCD - 10 - 90 Watt AC Adapter 450-AELY - 10 - No Security Software 650-AAJS - 10 - No Media 620-AAOH - 10 - E4 Power Cord 1M for US 537-BBBL - 10 - Latitude Rugged 7220 Getting Started Guide 340-COCF - 10 - No Secondary Battery 451-BCOI - 10 - Custom Configuration 817-BBBB - 10 - System Regulatory Label 389-DRXP - 10 - Regulatory Label (WWAN) 389-DRXR - 10 - Windows 10 Additional Software 658-BEPO - 10 - Shipping Material, Shuttle 340-AQMD - 10 - System Shipment, Latitude 72x2 340-AQME - 10 - Directship Info Mod 340-CKTD - 10 - No Option Included 340-ACQQ - 10 -

Page 2 ends

ENERGY STAR Qualified 387-BBNJ - 10 -
5 MP HD IR webcam /8 MP rear camera with Flash and Dual Microphone
319-BBHH
- 10 - WLAN/WWAN Chassis with NFC 321-BEVT - 10 - No I/O Expansion Connector 325-BDOH - 10 - Mini Serial Port 325-BDNX - 10 - Hazardous Locations Certification 340-CNKH - 10 - Full Security Options (FPR, Contacted SC, Contactless SC) 461-AAHE - 10 - Foxit PhantomPDF Business 634-BWQO - 10 - VMware Carbon Black Cloud Endpoint Standard NGAV, B-EDR, w/Dell ProSupport for Software 3 Year 528-CHEB
- 10 -
ProSupport Plus: Next Business Day Onsite, 2 Year Extended 804-0512 - 10 - ProSupport Plus: Next Business Day Onsite, 3 Years 804-0513 - 10 - Dell Limited Hardware Warranty Extended Year(s) 975-3461 - 10 - Dell Limited Hardware Warranty Initial Year 997-6988 - 10 - ProSupport Plus: Accidental Damage Service, 5 Years 997-7015 - 10 - ProSupport Plus: Keep Your Hard Drive, 5 Years 997-7016 - 10 - ProSupport Plus: 7x24 Technical Support, 5 Years 997-7038 - 10 - Thank you for choosing Dell ProSupport Plus. For tech support, visit www.dell.com/contactdell or call 1-866-516-3115
997-8367
- 10 -
Subtotal:

Shipping:

Environmental Fee:

Estimated Tax:

Total:
$27,062.80
$0.00
$40.00
$0.00
$27,102.80

Page 3 ends

Important Notes
Terms of Sale
This Quote will, if Customer issues a purchase order for the quoted items that is accepted by Supplier, constitute a contract between the entity issuing this Quote (“Supplier”) and the entity to whom this Quote was issued (“Customer”). Unless otherwise stated herein, pricing is valid for thirty days from the date of this Quote. All product, pricing and other information is based on the latest information available and is subject to change. Supplier reserves the right to cancel this Quote and Customer purchase orders arising from pricing errors. Taxes and/or freight charges listed on this Quote are only estimates. The final amounts shall be stated on the relevant invoice. Additional freight charges will be applied if Customer requests expedited shipping. Please indicate any tax exemption status on your purchase order and send your tax exemption certificate to [email protected] or [email protected], as applicable. Governing Terms: This Quote is subject to: (a) a separate written agreement between Customer or Customer’s affiliate and Supplier or a Supplier´s affiliate to the extent that it expressly applies to the products and/or services in this Quote or, to the extent there is no such agreement, to the applicable set of Dell’s Terms of Sale (available at www.dell.com/terms or www.dell.com/oemterms), or for cloud/as-a- Service offerings, the applicable cloud terms of service (identified on the Offer Specific Terms referenced below); and (b) the terms referenced herein (collectively, the “Governing Terms”). Different Governing Terms may apply to different products and services on this Quote. The Governing Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted by Customer to Supplier.

Supplier Software Licenses and Services Descriptions: Customer’s use of any Supplier software is subject to the license terms accompanying the software, or in the absence of accompanying terms, the applicable terms posted on www.Dell.com/eula. Descriptions and terms for Supplier-branded standard services are stated at www.dell.com/servicecontracts/global or for certain infrastructure products at www.dellemc.com/en-us/customer-services/product-warranty-and-service-descriptions.htm. Offer-Specific, Third Party and Program Specific Terms: Customer’s use of third-party software is subject to the license terms that accompany the software. Certain Supplier-branded and third-party products and services listed on this Quote are subject to additional, specific terms stated on www.dell.com/offeringspecificterms (“Offer Specific Terms”).

In case of Resale only: Should Customer procure any products or services for resale, whether on standalone basis or as part of a solution, Customer shall include the applicable software license terms, services terms, and/or offer-specific terms in a written agreement with the end- user and provide written evidence of doing so upon receipt of request from Supplier.

In case of Financing only: If Customer intends to enter into a financing arrangement (“Financing Agreement”) for the products and/or services on this Quote with Dell Financial Services LLC or other funding source pre-approved by Supplier (“FS”), Customer may issue its purchase order to Supplier or to FS. If issued to FS, Supplier will fulfill and invoice FS upon confirmation that: (a) FS intends to enter into a Financing Agreement with Customer for this order; and (b) FS agrees to procure these items from Supplier. Notwithstanding the Financing Agreement, Customer’s use (and Customer’s resale of and the end-user’s use) of these items in the order is subject to the applicable governing agreement between Customer and Supplier, except that title shall transfer from Supplier to FS instead of to Customer. If FS notifies Supplier after shipment that Customer is no longer pursuing a Financing Agreement for these items, or if Customer fails to enter into such Financing Agreement within 120 days after shipment by Supplier, Customer shall promptly pay the Supplier invoice amounts directly to Supplier.

Customer represents that this transaction does not involve: (a) use of U.S. Government funds; (b) use by or resale to the U.S. Government; or (c) maintenance and support of the product(s) listed in this document within classified spaces. Customer further represents that this transaction does not require Supplier’s compliance with any statute, regulation or information technology standard applicable to a U.S. Government procurement.

For certain products shipped to end users in California, a State Environmental Fee will be applied to Customer’s invoice. Supplier encourages customers to dispose of electronic equipment properly.

Electronically linked terms and descriptions are available in hard copy upon request. ^Dell Business Credit (DBC): Offered to business customers by WebBank, Member FDIC, who determines qualifications for and terms of credit. Taxes, shipping and other charges are extra and vary. Minimum monthly payments are the greater of $15 or 3% of the new balance shown on the monthly billing statement. Dell and the Dell logo are trademarks of Dell Inc.

Page 4 ends

Item No. 2.

CITY COUNCIL AGENDA – JUNE 20, 2022
SUBJECT: Request Authorization to Replace Police Vehicle SOURCE: Police
COMMENT:

In January 2022, Unit # 3364, a 2018 Dodge Charger, was involved in an onduty traffic collision. The estimated cost to repair this vehicle was in excess of the value itself; therefore, the vehicle is considered "totalled" by both the City maintenance shop and body shop professionals. In discussions with the City's Fleet Manager, he did not recommend making repairs of this magnitude to a public safety vehicle.

Per Resolution 35-93, no-bid purchases may be made through a cooperative purchase program. National Auto Fleet Group is a current City-authorized vendor and has vehicles available under the Sourcewell (formerly known as NJPA) master vehicle contract #091521-NAF. National Auto Fleet Group is a turn-key source for police vehicles and has provided a quote of $47,174.39.

This price includes the upfitting with safety equipment.

The vehicle is a 2022 model, which the dealership has in stock. It was determined that the Sourcewell contract for the purchase of this Ford Explorer was the best available price in the state and is the standard by which many agencies are purchasing their fleet vehicles. This contract price is available to the City.

Through sound fiscal management and savings in the Police Department's vehicle depreciation, the funds are already available for replacement of this vehicle.

RECOMMENDATION:

That the City Council:

1. Authorize staff to purchase one police vehicle for $47,174.39; and

2. Authorize payment upon satisfactory delivery of the vehicle.

ATTACHMENTS: 1. Porterville Collision Center Photos

2. Porterville Collision Center Quote

3. National Auto Fleet Group Quote
Item No. 2.

Appropriated/Funded: MB
Review By:

Department Director:

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

PORTERVILLE COLLISION CENTER
721 N Sunnyside St, Porterville, CA 93257
Phone: (559) 782-5181, Fax: (559) 784-0488
Image Report
Owner: Callison, Louis Insurance: Estimator: Jorge Lopez Vehicle Out:

RO Number: Claim Number:

Year: 2018 Color: License Plate: Production Date:

Make: DODG Body Style: State: Mileage In:

Model: CHARGER Engine: VIN: 2C3CDXAT4JH181043 Condition:
3/1/2022
Comments:
3/1/2022
Comments:
3/1/2022
Comments:
3/1/2022
Comments:
3/1/2022
Comments:
3/1/2022
Comments:
3/1/2022 11:59:55 AM Page 1

PORTERVILLE COLLISION CENTER
721 N Sunnyside St, Porterville, CA 93257
Phone: (559) 782-5181, Fax: (559) 784-0488
Image Report
Owner: Callison, Louis Insurance: Estimator: Jorge Lopez Vehicle Out:

RO Number: Claim Number:

Year: 2018 Color: License Plate: Production Date:

Make: DODG Body Style: State: Mileage In:

Model: CHARGER Engine: VIN: 2C3CDXAT4JH181043 Condition:
3/1/2022
Comments:
3/1/2022 11:59:55 AM Page 2
PORTERVILLE COLLISION CENTER Workfile ID:

PartsShare:

State EPA:

BAR:
0e2227c4
CAL00035406
ARD00262887
[email protected]
721 N Sunnyside St, Porterville, CA 93257
Phone: (559) 782-5181
FAX: (559) 784-0488
Estimate of Record
Customer: Callison, Louis
Written By: Mike Crissman, 3/1/2022 12:02:33 PM
Insured: Callison, Louis Policy #: Claim #:

Type of Loss: Collision Date of Loss: Days to Repair: 0 Point of Impact: 12 Front
Owner: Inspection Location: Insurance Company:

Callison, Louis PORTERVILLE COLLISION CENTER
(559) 789-4128 Cell 721 N Sunnyside St
Porterville, CA 93257
Repair Facility
(559) 782-5181 Business

VEHICLE
2018 DODG Charger Police RWD (Fleet) 4D SED 8-5.7L Gasoline Sequential MPI black VIN: 2C3CDXAT4JH181043 Interior Color: Mileage In: Vehicle Out:

License: Exterior Color: black Mileage Out:

State: Production Date: Condition: Job #:

TRANSMISSION CONVENIENCE AM Radio SEATS
Automatic Transmission Air Conditioning FM Radio Cloth Seats POWER Intermittent Wipers Stereo Bucket Seats
Power Steering Tilt Wheel Search/Seek Reclining/Lounge Seats Power Brakes Cruise Control Auxiliary Audio Connection WHEELS Power Windows Rear Defogger SAFETY Styled Steel Wheels
Power Locks Keyless Entry Drivers Side Air Bag PAINT
Power Mirrors Message Center Passenger Air Bag Clear Coat Paint Power Driver Seat Steering Wheel Touch Controls Anti-Lock Brakes (4) OTHER DECOR Telescopic Wheel 4 Wheel Disc Brakes Traction Control Dual Mirrors Climate Control Front Side Impact Air Bags Stability Control Tinted Glass Backup Camera Head/Curtain Air Bags California Emissions Overhead Console RADIO Hands Free Device Power Trunk/Liftgate 3/1/2022 12:04:14 PM 424633 Page 1
6FGqdg
Estimate of Record
Customer: Callison, Louis
2018 DODG Charger Police RWD (Fleet) 4D SED 8-5.7L Gasoline Sequential MPI black Line Oper Description Part Number Qty Extended
Price $
Labor Paint
1 # Rpr TOTAL LOSS - Vehicle has major
structural damage
SUBTOTALS 0.00 0.0 0.0

ESTIMATE TOTALS
Category Basis Rate Cost $
Parts 0.00
Grand Total 0.00
Deductible 0.00
CUSTOMER PAY 0.00
FOR YOUR PROTECTION CALIFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM: ANY PERSON

WHO KNOWINGLY PRESENTS FALSE OR FRAUDULENT CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN STATE PRISON.

THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED:

MOTOR ABBREVIATIONS/SYMBOLS: D=DISCONTINUED PART, A=APPROXIMATE PRICE. LABOR TYPES: B=BODY LABOR, D=DIAGNOSTIC, E=ELECTRICAL, F=FRAME, G=GLASS, M=MECHANICAL, P=PAINT LABOR, S=STRUCTURAL, T=TAXED MISCELLANEOUS, X=NON TAXED MISCELLANEOUS. CCC ONE: ADJ=ADJACENT, ALGN=ALIGN, A/M=AFTERMARKET, BLND=BLEND, CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION, D&R=DISCONNECT AND RECONNECT, EST=ESTIMATE, EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY, INCL=INCLUDED, MISC=MISCELLANEOUS, NAGS=NATIONAL AUTO GLASS SPECIFICATIONS, NON-ADJ=NON ADJACENT, O/H=OVERHAUL, OP=OPERATION, NO=LINE NUMBER, QTY=QUANTITY, RECOND=RECONDITION, REFN=REFINISH, REPL=REPLACE, R&I=REMOVE AND INSTALL, R&R=REMOVE AND REPLACE, RPR=REPAIR, RT=RIGHT, SECT=SECTION, SUBL=SUBLET, LT=LEFT, W/O=WITHOUT, W/_=WITH/_ SYMBOLS: #=MANUAL LINE ENTRY, *=OTHER [IE..MOTORS DATABASE INFORMATION WAS CHANGED], **=DATABASE LINE WITH AFTERMARKET, N=NOTES ATTACHED TO LINE. OPT OEM=ORIGINAL EQUIPMENT MANUFACTURER PARTS EITHER OPTIONALLY SOURCED OR OTHERWISE PROVIDED WITH SOME UNIQUE PRICING OR DISCOUNT. "CURE TIME" MEANS THE LENGTH OF TIME THAT, PER THE ADHESIVE MANUFACTURER, THE WINDSHIELD

ADHESIVE NEEDS TO CURE UNTIL THE WINDSHIELD CAN PROPERLY FUNCTION AS A SAFETY DEVICE PURSUANT TO THE FEDERAL MOTOR VEHICLE SAFETY STANDARDS AND THE VEHICLE MANUFACTURER'S SPECIFICATIONS. 3/1/2022 12:04:14 PM 424633 Page 2
Estimate of Record
Customer: Callison, Louis
2018 DODG Charger Police RWD (Fleet) 4D SED 8-5.7L Gasoline Sequential MPI black Estimate based on MOTOR CRASH ESTIMATING GUIDE and potentially other third party sources of data. Unless otherwise noted, (a) all items are derived from the Guide DR3PB11, CCC Data Date 02/15/2022, and potentially other third party sources of data; and (b) the parts presented are OEM-parts. OEM parts are manufactured by or for the vehicle's Original Equipment Manufacturer (OEM) according to OEM's specifications for U.S. distribution. OEM parts are available at OE/Vehicle dealerships or the specified supplier. OPT OEM (Optional OEM) or ALT OEM (Alternative OEM) parts are OEM parts that may be provided by or through alternate sources other than the OEM vehicle dealerships with discounted pricing. Asterisk (*) or Double Asterisk (**) indicates that the parts and/or labor data provided by third party sources of data may have been modified or may have come from an alternate data source.

Tilde sign (~) items indicate MOTOR Not-Included Labor operations. The symbol (<>) indicates the refinish operation WILL NOT be performed as a separate procedure from the other panels in the estimate. Non-Original Equipment Manufacturer aftermarket parts are described as Non OEM, A/M or NAGS. Used parts are described as LKQ, RCY, or USED. Reconditioned parts are described as Recond. Recored parts are described as Recore. NAGS Part Numbers and Benchmark Prices are provided by National Auto Glass Specifications. Labor operation times listed on the line with the NAGS information are MOTOR suggested labor operation times. NAGS labor operation times are not included. Pound sign (#) items indicate manual entries.

Some 2022 vehicles contain minor changes from the previous year. For those vehicles, prior to receiving updated data from the vehicle manufacturer, labor and parts data from the previous year may be used. The CCC ONE estimator has a list of applicable vehicles. Parts numbers and prices should be confirmed with the local dealership.

The following is a list of additional abbreviations or symbols that may be used to describe work to be done or parts to be repaired or replaced:

SYMBOLS FOLLOWING PART PRICE:
m=MOTOR Mechanical component. s=MOTOR Structural component. T=Miscellaneous Taxed charge category.

X=Miscellaneous Non-Taxed charge category.

SYMBOLS FOLLOWING LABOR:

D=Diagnostic labor category. E=Electrical labor category. F=Frame labor category. G=Glass labor category.

M=Mechanical labor category. S=Structural labor category. (numbers) 1 through 4=User Defined Labor Categories.

OTHER SYMBOLS AND ABBREVIATIONS:

Adj.=Adjacent. Algn.=Align. ALU=Aluminum. A/M=Aftermarket part. Blnd=Blend. BOR=Boron steel.

CAPA=Certified Automotive Parts Association. D&R=Disconnect and Reconnect. HSS=High Strength Steel.

HYD=Hydroformed Steel. Incl.=Included. LKQ=Like Kind and Quality. LT=Left. MAG=Magnesium. Non-Adj.=Non Adjacent. NSF=NSF International Certified Part. O/H=Overhaul. Qty=Quantity. Refn=Refinish. Repl=Replace.

R&I=Remove and Install. R&R=Remove and Replace. Rpr=Repair. RT=Right. SAS=Sandwiched Steel.

Sect=Section. Subl=Sublet. UHS=Ultra High Strength Steel. N=Note(s) associated with the estimate line.

CCC ONE Estimating - A product of CCC Intelligent Services Inc.

The following is a list of abbreviations that may be used in CCC ONE Estimating that are not part of the MOTOR CRASH ESTIMATING GUIDE:

BAR=Bureau of Automotive Repair. EPA=Environmental Protection Agency. NHTSA= National Highway Transportation and Safety Administration. PDR=Paintless Dent Repair. VIN=Vehicle Identification Number. 3/1/2022 12:04:14 PM 424633 Page 3

Item No. 3.

CITY COUNCIL AGENDA – JUNE 20, 2022
SUBJECT: Authorization to Repair Electrical Equipment for City Well No. 19 SOURCE: Public Works
COMMENT: The City's Well No. 19, located on the west side of S. Jaye Street between Springville Ave. and Date Ave, has experienced an operational failure to the electrical transformer and switchgear. City staff requested three companies to assess the repairs needed to restore operations to this well.

Demands on the City's Water Distribution System depend on all wells being operational, so it is imperative that the well's operation is restored. Failure to correct this issue would affect the city’s overall water system pressure and production capabilities.

Three electrical repair companies were contacted requesting quotes for the replacement of the electrical switch gear equipment needed to restore the operation of this well. However, of the three quotes requested, only two quotes were received from those local repair companies:

Company Totals
Telstar Instruments $31,863
Mario Sagredo Electrical Inc. $31,858
Valley Pump & Dairy Systems Unresponsive
Telstar Instruments was not identified as the lowest bidder. However, Telstar Instruments is considered to be specialized in the specific area of repair, in addition to being familiar with the City's current SCADA electrical equipment.

Telstar Instruments is immediately available to respond with all replacement parts, correct all issues at City Well No. 19, and resume normal operation at a cost not to exceed $35,050 (inclusive of all parts, taxes, and labor and a 10% contingency). The total repair cost will be funded by the Water Operating Fund.

RECOMMENDATION: That the City Council:

1. Direct the Finance Director to initiate a Purchase Order for Telstar Instruments for an amount not to exceed $35,050 for the repair parts and labor needed to repair City Well 19; and

2. Direct the Finance Director to make payment to Telstar Instruments upon receipt of an invoice approved by the Public Works Director.

Item No. 3.

ATTACHMENTS: 1. Telstar Instruments Quote

2. Mario Sagredo Electrical Inc. Quote

3. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE 1717 Solano Way, Unit 34, Concord, CA 94520 Phone 925-671-2888, Fax 925-671-9507 4017 Vista Park Court, Sacramento, CA 95834 Phone 916-646-1999, Fax 916-646-1096 202 South Douty Street, Hanford, CA 93230 Phone 559-584-7116, Fax 559-584-8028

Page 1 of 4 ends

June 6, 2022
Porterville Water Dept.
555 N. Prospect
Porterville, CA 93257
Sent via Email: [email protected]
Attn: David Payne
Subject: Well 19 Site Panel
Reference: SR 20-40014
Drawings: N/A
Specifications: N/A
Dear David,
Telstar Instruments (“Telstar”) is pleased to provide a quote for the referenced project to the above identified purchaser (“Customer”). Well 19 Site panel replacement.

By accepting this proposal from Telstar, you agree to treat this as confidential information.

SCOPE OF SUPPLY / SERVICES
Option 1 - Soft Start Panel

1. Telstar will provide and install one (1) Nema 3R custom Soft Start enclosure to run the 125 HP well. Note: Estimated lead time 3 months.

2. The city will work with SCE to disconnect and reconnect power before panel is removed and replace.

Price for Material .............................................................................................................$11,984.00 Price for Labor....................................................................................................................$6,620.00 Total Lump Sum Price for Option 1 ..........................................................................$18,604.00 Option 2 - VFD Panel

3. Telstar will provide and install one (1) Nema 3R custom 150HP VFD enclosure to run the 125 HP Well. Note: Currently In-Stock.

4. The city will work with SCE to disconnect and reconnect power before the panel is removed and replace.

Price for Material .............................................................................................................$25,243.00 Price for Labor....................................................................................................................$6,620.00 Total Lump Sum Price for Option 2 ..........................................................................$31,863.00 Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE

Page 2 of 4 ends

Shipping and Handling for Telstar Supplied Materials IS INCLUDED Sales Tax IS INCLUDED
This quotation is based on Customer’s representation that this IS a prevailing wage project.

CLARIFICATIONS, EXCEPTIONS, AND EXCLUSIONS
a. Material price is valid for seven (7) days from date referenced on this quote (Refer to COVID clause RE: MATERIAL PRICING AND DELIVERY under Terms and Conditions) b. This quotation is based on the inclusion of Telstar’s standard Terms and Conditions as part of any purchase order, contract or other agreement.
c. Telstar’s quotation includes only those items listed above. Requests for additions/deletions from our scope will require a change in the quoted price. d. Telstar assumes no responsibility for performance, applicability, compatibility, start-up, testing, or acceptance of any equipment not furnished by Telstar under this proposal. e. Telstar is supplying only equipment specified and noted above. f. Please reference the above stated quote number in all correspondence and purchase orders.

TERMS AND CONDITIONS
Base Terms: Quotation is valid for 30 days from the date of Telstar’s quotation. Payment is due and payable 30 days from date of invoice. If payment is not received by the 30th day, a .05% daily service charge (18-3/4% per annum) will be charged on all accounts past due. In the event of a dispute concerning payment, attorney's fees, court costs and costs of collection will be paid to the prevailing party. The cost for permits and bonding are excluded unless expressly referenced in Telstar’s quotation. Our standard insurance applies unless agreed to in writing by Telstar.

Telstar’s standard one year parts only warranty applies to this quotation. All other warranties, express or implied, or referenced elsewhere in contract documents are excluded, including but not limited to implied warranties of merchantability or fitness for purpose. Unless expressly stated in Telstar’s estimate, this quote is based on standard straight time hours and does not include any prevailing wage rates. The price quoted herein is for the labor and materials specifically listed within the body of this quote. Service calls are charged at a 4-hour minimum per person, excluding travel time. Unless expressly stated in the quotation, training, operation and maintenance manuals, and preparation of as built drawings are excluded from Telstar’s scope of work.

Limitation of Liability: (a) In no event shall Telstar, its suppliers or subcontractors be liable for special, indirect, incidental or consequential damages, whether in contract, warranty, tort, negligence, strict liability or otherwise, including, but not limited to, loss of profits or revenue, loss of use of the Equipment or any associated equipment, cost of capital, cost of substitute equipment, facilities or services, downtime costs, delays, and claims of customers of Customer, its officers, directors, members employees or any third parties for any damages. Telstar’s liability for any claim whether in contract, warranty, tort, negligence, strict liability, or otherwise for any loss or damage arising out of, connected with, or resulting from this Agreement or the performance or breach thereof, or from the design, manufacture, sale, delivery, resale, repair, replacement, installation, technical direction of installation, inspection, operation or use of any equipment covered by or furnished under this Agreement, or from any services rendered in connection therewith, shall in no case exceed twenty-five percent (25%) of the purchase price allocable to the Equipment, part or Services that is the subject of the claim. (b) All causes of action against Telstar Instruments arising out of or relating to this Agreement or the performance or breach hereof shall are deemed barred unless brought within one year from the date of discovery or other accrual. (c) In no event, regardless of cause, shall Telstar Instruments be liable for liquidated damages, offsets or penalties of any kind or to indemnify, defend or hold Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE

Page 3 of 4 ends

harmless Customer, its officers, directors, members, employees or any third party, arising from or related to the Equipment and/or Services provided by Telstar.

Force Majeure: Telstar shall neither be liable for loss, damage, detention or delay nor be deemed to be in default for failure to perform when prevented from doing so by causes beyond its reasonable control including but not limited to acts of war (declared or undeclared), Acts of God, fire, strike, labor difficulties, acts or omissions of any governmental authority or of Customer, compliance with government regulations, insurrection or riot, embargo, delays or shortages in transportation or inability to obtain necessary labor, materials, or manufacturing facilities from usual sources or from defects or delays in the performance of its suppliers or subcontractors due to any of the foregoing enumerated causes. In the event of delay due to any such cause, the date of delivery will be extended by period equal to the delay plus a reasonable time to resume production, and the price will be adjusted to compensate Telstar Instruments for such delay.

Cancellation: In the event of cancellation by Customer, Customer agrees to fully reimburse and compensate Telstar for all costs associated with this Quotation or subsequent order, including but not limited to engineering, labor, materials, quote and estimating time, and product return fees, plus a ten percent (10%) markup to compensate for disruption in scheduling, planned production, indirect costs and profit. Payment for cancellation shall be due within ten (10) days from the date of submission of charges by Telstar.

Entire Agreement: This Quotation constitutes the entire agreement between Telstar and Customer. There are no agreements, understandings, restrictions, warranties, or representations between Telstar and Customer other than those set forth herein or herein provided. This Quotation may only be amended, changed or revised by a written amendment signed by an authorized representative of Telstar. No oral or implied agreements shall be of any force or affect.

Precedence: In the event Telstar is issued an authorization for work, Purchase Order, Contract or similar Agreement with conflicting Terms and Conditions than those set forth herein, these Terms and Conditions will take precedence and will supersede any and all other conflicting Terms and Conditions.

Submittals: In the event Telstar receives a Notice to Proceed or a written statement to proceed with submittals, Telstar will be entitled to compensation based on percent of completion of submittal cost to Customer. Telstar will prepare only one set of submittals, and any resubmittals shall be subject to an additional charge for engineering time and other costs in preparing re-submittals.

Prevailing Wages: Telstar relies upon Customer’s representations as to whether this Project requires payment of prevailing wages. Customer agrees to defend, indemnify and hold Telstar harmless from and against any and all claims, actions and demands, including but not limited to payment of legal fees, fines, back pay, and any penalties or interest, associated with Customer’s inaccurate representation of whether prevailing wages are required to be paid.

TELSTAR’S COVID AND INDUSTRY CLAUSE RE: MATERIAL PRICING AND DELIVERY: Telstar is unable to hold prices on materials for more than 7 days. Prices for plastic, copper, steel, and other commodities fluctuate daily. Our vendors and manufacturers are experiencing unprecedented delays due to COVID-19 staffing, a shortage of containers, port congestion, and raw material shortages that have extended lead times significantly. Telstar reserves the right to amend the delivery date and the price of materials set forth in this quotation. Telstar considers any of the above related changes imposed by our vendors and manufacturers as outside its reasonable control and subject to Force Majeure provisions.

Contractor License #422364
Contractor DIR #1000000899
CONTROL SYSTEM INTEGRATION • INSTRUMENTATION SERVICES
SCADA/AUTOMATION • PLC/HMI • ELECTRICAL • CALIBRATION • MAINTENANCE 1717 Solano Way, Unit 34, Concord, CA 94520 Phone 925-671-2888, Fax 925-671-9507 4017 Vista Park Court, Sacramento, CA 95834 Phone 916-646-1999, Fax 916-646-1096 202 South Douty Street, Hanford, CA 93230 Phone 559-584-7116, Fax 559-584-8028

Page 4 of 4 ends

We look forward to working with you on this project. If you have any questions, please contact me at the phone number below.

Sincerely,
Felipe Martinez
Electrical Engineer / IC&E Specialist
Telstar Instruments
(559) 584-7116
Ca. License # 1034333
Mario Sagredo Electrical Inc.
966 Palm St
Lindsay, CA 93247 US
[email protected]
Estimate

ADDRESS
City of Porterville
ESTIMATE # DATE
1137 06/06/2022

JOB NAME
Well #19

DATE ACTIVITY DESCRIPTION QTY RATE AMOUNT
SERVICE: Remove old damaged
panel - identify wiring and
components. Install new VFD
(variable frequency drive) panel,
new wires to motor, and connect all
components to verify operation.

LABOR W/ HELPER 1 ELECTRICIAN AND 1 HELPER
RATE
40 160.00 6,400.00
DANFOSS DRIVE IP66 DANFOSS 150HP PUMP PANEL 1 21,325.00 21,325.00T MOTOR SAVER MODEL 460 1 259.63 259.63T
GALV NIPPLE 2" X 18" GALVANIZED NIPPLE 1 84.15 84.15T
1/2" EMT 1/2" EMT CONDUIT, EMT-1/2 20 1.62 32.40T
1/2" RT CONN 1/2" RAIN TIGHT COMP

CONNECTOR, CONCRETE
TIGHT, OF7601SW
6 2.40 14.40T
1/2" ST FLEX 1/2" SEAL TIGHT FLEX CONDUIT 12 2.89 34.68T 1/2" ST 90D CONN 1/2" SEAL TIGHT 90 DEGREE

CONNECTOR
2 11.35 22.70T
1/2" ST CONN ST. 1/2" SEAL TIGHT CONNECTOR

STRAIGHT
4 5.20 20.80T
8910DPA32V04 DEFINITE PURPOSE
CONTACTOR, 2PL, 30A, 277V
1 80.00 80.00T
THHN 12 THHN 12 STRANDED WIRE,
THHN12STR
200 0.44 88.00T
THHN 10 THHN #10 WIRE 100 0.72 72.00T
THHN 3/0 3/0 WIRE COPPER 90 7.26 653.40T
THHN 1 #1 THHN WIRE, THHN1 30 3.85 115.50T
MISC MISCELLANEOUS PARTS USED 1 500.00 500.00T
Ca. License # 1034333
SUBTOTAL 29,702.66
TAX (9.25%) 2,155.50
TOTAL $31,858.16
Accepted By Accepted Date
CITY WELL #19

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 LOCATOR MAPS JAYE ST

W SPRINGVILLE AVE

TULE RIVER
Item No. 4.

CITY COUNCIL AGENDA – JUNE 20, 2022
SUBJECT: Authorization to Distribute a Request for Qualifications for Design Services - Fourth Street Community Center and Park
SOURCE: Engineering and Project Management
COMMENT: The City is proposing to develop a new Community Center and Park at the southeast corner of Henderson Avenue and Fourth Street along the Rails-toTrails (also known as the Santa Fe Byway Trail). On December 8, 2021, the City received notification of its successful application and award of $7,800,000 for the construction of this project.

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

Staff will then present the results of the ranking to City Council for approval and to direct staff to negotiate a fee with the highest ranking firm or the firm determined by Council. The chosen firm will meet with staff to fine tune the scope and deliver a fee. If the fee is acceptable, staff will then seek Council's approval to execute a Service Agreement so that the firm can commence with the needed design work for the Fourth Street Community Center and Park Project.

RECOMMENDATION: That the City Council authorize staff to distribute a Design Services Request for Qualifications for the Fourth Street Community Center and Park
ATTACHMENTS: 1. Draft Request for Qualifications

2. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
Item No. 4.

REQUEST FOR QUALIFICATIONS
Design Services – Fourth Community Center & Park
June 2022
PREPARED BY:

ENGINEERING & PROJECT MANAGEMENT DEPARTMENT
on behalf of the PARKS DEPARTMENT
June 2022
I INTRODUCTION AND OBJECTIVES:

The City of Porterville (hereinafter referred to as ''CITY'') is requesting statements of qualifications (SOQs) from qualified architectural and/or engineering firms for the purpose of developing plans and specifications for the Fourth Street Community Center & Park; a project funded through the Statewide Park Development and Community Revitalization Program of 2018. The final design will need to comply with the deliverables of the grant application.

The City endeavors to design and construct a multi-use community center with exterior park amenities that include an ADA accessible playground, splash pad, challenge course, public art wall, mini pitch soccer arena, outdoor exercise equipment area, picnic shelter, pump track, parking lot with lighting, landscaping and solar lighting throughout the park area. The City wishes to receive full construction documents within 7-9 months of contractual agreement.

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

II EXAMINATION OF SOQ DOCUMENTS:

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

III ADDENDA/CLARIFICATIONS:

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

IV SOQ REQUIREMENTS:

SOQs for this project will be accepted at this office until 4:00 p.m., on Wednesday, August 3, 2022. Three (3) copies of the SOQ shall be submitted in a sealed envelope, plainly marked “Statement of Qualifications for Fourth Street Community Center & Park Design Services.” Cost proposals shall not be submitted until requested by the CITY. SOQs shall be addressed to:

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

V PRE-CONTRACTUAL EXPENSES:

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

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

VI EXCEPTIONS/DEVIATIONS:

Any exceptions to the requirements of this RFQ must be included in the CONSULTANT's SOQ.

Such exceptions must be included as a separate element of the SOQ entitled “Exceptions and Deviations.”
VII CONSULTANT REPRESENTATIVE:

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

VIII LOCAL AGENCY REPRESENTATIVE:

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

IX INSURANCE REQUIREMENTS:

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

X INDEMNIFICATION:

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

XI SUBCONTRACTING:

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

XII FEDERAL, STATE, AND LOCAL LAWS:

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

XIII SOQ EVALUATION CRITERIA:

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

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

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

XIV CONSULTANT SELECTION AND INTERVIEWS:

CITY selection committee, consisting of the Contract Administrator and at least two additional staff members familiar with the project requirements, will review all SOQs and rank CONSULTANTs according to their demonstrated competence and professional qualifications as assessed by their response to this RFQ and the evaluation criteria contained in the CITY’S Consultant Selection Rating Form. The top three (3) highest ranked CONSULTANT(s) may be invited for oral interviews with CITY team to determine the top rated firm. However, in the event one proposal is clearly superior to all other proposals, The City of Porterville reserves the right to eliminate the oral interview process and present their recommendation to the City Council based solely on the proposals. The Engineering & Project Management Director shall make a recommendation to the City Council to award a contract to the top rated firm.

The City Council, at its sole discretion, may choose to accept staff’s recommendation, or may choose to award a contract to another consulting firm, or may choose not to award a contract as this time. The Contract will be a written Service Agreement between the Consultant and the City setting forth the scope of work, responsibilities, deliverables, schedule, ownership of work, insurance requirements, compensation, method of payment, and other points. A sample Service Agreement is included in this RFQ package. Please indicate on the transmittal letter the firm’s ability to comply with the Service Agreement provisions, including insurance coverage.

Interviews are tentatively scheduled for August 9, 2022. Each participating firm will be contacted via telephone for verification of interview date and time. Failure to be available at the time of a scheduled interview shall be considered non-responsive and shall be cause for elimination from any further consideration. CITY reserves the right to begin negotiations and enter into a Contract without interviews or further discussion.

XV COST PROPOSAL:

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

XVI CONTRACTS/AGREEMENTS:

The successful CONSULTANT shall enter into upcoming Contracts with CITY that are based on the contents of this RFQ, the CONSULTANT's SOQ and cost proposal, and CITY Contract. Where two or more CONSULTANTs desire to submit a SOQ (joint venture), only one CONSULTANT shall be listed as prime CONSULTANT. All others shall be listed as subconsultants. The chosen CONSULTANT is expected to be presented at the City Council meeting scheduled for Tuesday, August 16, 2022. Issuance of this RFQ and receipt of SOQs does not commit CITY to award a Contract. CITY reserves the right to postpone award of a Contract for its own convenience, accept or reject any or all SOQs received in response to this RFQ, and cancel any or all portions of this RFQ and resulting Contract.

XVII COMPENSATION:

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

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

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

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

XVIII OWNERSHIP OF REPORTS AND DOCUMENTS:

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

XIX SOQ FORMAT AND CONTENT:

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

A. Firm Experience:

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

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

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

B. Consultant Team:

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

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

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

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

C. SOQ Format:

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

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

CITY OF PORTERVILLE

REQUEST FOR QUALIFICATIONS (RFQ) FOR DESIGN SERVICES FOR THE FOURTH STREET

COMMUNITY CENTER AND PARK
The City of Porterville seeks “Statement of Qualifications” (SOQ) from qualified architectural and engineering firms for the purpose of developing plans and specifications for the Fourth Street Community Center & Park; a project funded through the Statewide Park Development and Community Revitalization Program of 2018. The final design will need to comply with the deliverables of the grant application.

SCOPE OF DESIGN SERVICES:

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

1. Meet with City staff to ascertain the full scope of design work and determine the level and amount of information and drawings available to the consultant to assist in the preparation of the formal “scope of service”. Said scope shall be prepared and transmitted to the City for review and concurrence. The consultant shall include their “fee” for all work described in the scope of services and, if acceptable to the City, the scope of services and associated fee shall form the basis for the Consulting Services agreement. A brief description of some of the work needed is listed below. a. Final design plans and specifications for the development of a grant funded Community Center and Park.
i. The plans and specifications must meet the deliverable requirements of the approved grant application and shall utilize the plan details from the grant application as a reference for final design. A copy of the grant application and CAD files shall be provided by the City as reference. ii. Boundary and topography survey to establish property corners and design grades. Prepare legal descriptions and plat maps.
iii. Plans and specifications shall be complete and Code compliant (construction ready) for all aspects of the grant deliverables including but not limit to landscape & irrigation, foundation, plumbing, building structure, internal & external concrete/asphalt improvements and amenity improvements, etc.

2. Field Surveys necessary for the establishment of property corners including descriptions and recording of said property corner establishment. Topography survey as needed to properly establish open space grades, building foundation, and floor elevations cognizant of the surrounding topography. Said topography survey shall be provided in such detail that the information will be used to establish landscape, hardscape and irrigation systems.

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

4. Prepare an Engineer’s Estimate of Probable Cost Report.

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

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

7. Prepare the “Drawings of Record” and furnish the City with a digital set for the record.

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

DESIRABLE QUALIFICATIONS OF THE CONSULTANT:

The City is seeking a qualified consultant to provide plans, specifications, and related documentation for a grant funded community center and park. The desired consultant shall have the following qualifications:

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

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

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

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

LOCAL AGENGY RESPONSIBILITIES:

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

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

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

CONSULTANT SELECTION RATING FORM
Project Name: Date:

Project Number:

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

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

RANKING:

P:\pubworks\Templates\COP Forms\Consultant Selection Rating Form.doc Highest Possible Score = 100 Rev. 2013-02-19

SERVICE AGREEMENT
DATE:

PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and (insert name), hereinafter referred to as "CONSULTANT".

RECITALS: CITY has undertaken a project on which it is seeking assistance from CONSULTANT. Said project which will hereinafter be referred to as "project" is described as follows:

Project Name:

Description of Project: In general, Consultant to provide (plans and specifications) (services) for the (proposed project). Details are summarized in the Scope of Services as Attachment “A”.

IN CONSIDERATION OF MUTUAL COVENANTS AND AGREEMENTS HEREINAFTER set forth the parties hereto do contract and agree as follows:

SECTION 1. CONTRACT SERVICES:

CONSULTANT hereby agrees to provide the following services and materials, in a timely manner as described:.

SECTION 2. PAYMENT:

In consideration for said services and materials, CITY shall pay CONSULTANT on a time and materials basis (and/or not to exceed _____________ Dollars ($ ))..

TIME OF PAYMENT: Progress payment requests shall be submitted by the 25th of each month.

CONSULTANT should receive payment within 45 days of the date the bill is received.

SECTION 3. COMPLETION DATE:

The services to be performed by CONSULTANT will be commenced upon execution of this agreement and all “work directives” shall be completed by (date). In the case of ongoing testing and results protocol, the CONSULTANT shall submit results as required to CITY, State and/or Federal governing agencies.

SECTION 4. FAMILIARITY WITH PROJECT:

CONSULTANT certifies and agrees that it is fully familiar with all of the details of the project required to perform its services. CONSULTANT agrees it will not rely upon any opinions and representations of CITY unless CITY is the only available source of said information.

SECTION 5. INDEPENDENT CONTRACTOR:

It is expressly understood that CONSULTANT is entering into this contract and will provide all services and materials required hereunder as an independent contractor and not as an employee of CITY.

CONSULTANT specifically warrants that it will have in full force and effect, valid insurance covering:
(i) Full liability under worker's compensation laws of the State of California; and (ii) Bodily injury and property damage insurance in the amount not less than One Million Dollars ($2,000,000) per occurrence; and
(iii) Errors and Omissions insurance of One Million Dollars ($2,000,000) minimum per occurrence, if deductible for Errors and Omissions insurance is Fifty Thousand Dollars ($50,000) or more, the City may require a Surety Bond for the deductible; and (iv) Automotive liability in the amount not less than One Million Dollars ($2,000,000) per occurrence; fully protecting CITY, its elected and appointed officers, employees, agents and assigns, against all claims arising from the negligence of CONSULTANT and any Service Agreement

Page 2 of 3 ends

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:

Page 3 of 3 ends

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

Item No. 5.

CITY COUNCIL AGENDA – JUNE 20, 2022
SUBJECT: Bid Results - Animal Shelter Project
SOURCE: Engineering and Project Management
COMMENT: On May 31, 2022, staff did not receive any bids for the Animal Shelter Project.

The project includes the remodel of an existing building to create an Animal Shelter at 185 N. D Street. The project was bid as a whole and included frontage improvements along D Street and detailed four deductive alternate components to the project; these are items that could be removed from project award if there were budget constraints created by higher than anticipated bids.

The proposed trail section adjacent to the Animal Shelter property will be designed and constructed separately as part of the Butterfield Stage Corridor Active Transportation Program (ATP) grant project. This project location required hazardous materials remediation, which was previously approved and accepted by the City Council.

Staff reached out to a few of the qualified contractors that had demonstrated an interest in the project during the bid process in order to get a pulse on the current market and the prospects of re-bidding this project in the future. Staff discovered that it may simply be a matter of timing with a few contractors trying to wrap up existing projects worried about signing up for a new project and creating an issue with overlap of timing and deliverables. Staff respectfully requests authorization to re-bid this project in order to give it the best chance of getting constructed as negotiating contracts one-on-one for a project of this magnitude is difficult and really best suited for smaller and/or simpler projects.

Funding for the project includes $4,850,000 in ARPA funds, $500,000 from proceeds from the sale of property, $1,300,000 in donations, $300,000 in Local Transportation Funds for the D Street improvements, and up to $550,000 in Measure R Alternative Transportation funds for the dog park portion of the project.

RECOMMENDATION: That City Council authorize staff to re-bid the Animal Shelter Project.

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Item No. 5.

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
Mill Ave
Cherry Ave
Oak Ave
Division St
Cleveland Ave
Willow Ave
E
St
D
St
Putnam Ave
H
o
ckett St
M
ain
St
Porterville Animal Shelter
185 North D Street
Project Locator Map
Project
Location
Item No. 6.

CITY COUNCIL AGENDA – JUNE 20, 2022
SUBJECT: Approval of State Senate Bill 1 Project List for Fiscal Year 2022-2023 SOURCE: Engineering and Project Management
COMMENT: In April 2017, the State Legislature passed and then Governor Brown signed Senate Bill 1 (SB1), which was enacted to address basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets and roads system.

The legislation created funding in the Road Maintenance and Rehabilitation Account (RMRA), which will be made available for local streets and roads projects prioritized for expenditures on basic road maintenance and rehabilitation projects. RMRA funding must be used for projects "that include, but are not limited to," the following:
a. Road maintenance and rehabilitation
b. Safety projects
c. Railroad grade separations
d. Traffic control devices
e. Complete streets components, including "active transportation purposes, pedestrian bicycle safety projects, transit facilities, and drainage and stormwater capture projects in conjunction with any other allowable project RMRA funds may also be used to satisfy a match requirement in order to obtain State or federal funds for eligible projects.

Locals agencies are required to submit a yearly project list to the California Transportation Commission (CTC) to show where RMRA funds will be spent.

The project list must be approved by resolution through the agency's governing body. Failure to submit a project list will cause a City to lose that year's apportionment. The City will submit an annual report of completion to the CTC to show that RMA funds were spent properly.

The City can expect to receive approximately $1,000,000 of RMRA funds per fiscal year, which for Fiscal Year 2022-2023, the City is expected to receive an apportionment of $1,319,148. To receive the RMRA allocation, the City is required to sustain a Maintenance of Effort (MOE) by spending at least the annual average of its General Fund expenditures for streets and transportation purposes during the 2009-2010, 2010-2011, and 2011-2012 Fiscal Years. The MOE amount required to be spent by the City of Porterville each fiscal year to receive its RMRA funds apportionment is $693,653.

Item No. 6.

For Fiscal Year 2022-2023, staff recommends that RMRA funds be allocated to the Villa Street Reconstruction Project between Olive Avenue and Henderson Avenue that has been listed in the attached Resolution as the design is nearing completion and will be ready to construct between Spring and Summer 2023.

RECOMMENDATION: That the City Council:

1. Accept staff's recommendation and adopt the Resolution for the SB1 project list for Fiscal Year 2022-2023;

2. Authorize the City Clerk to record the attached Resolution; and

3. Authorize staff to submit the project list package to the California Transportation Commission to secure the City's FY 2022-2023 RMRA apportionment.

ATTACHMENTS: 1. Draft Resolution

2. Fiscal Year 2022-2023 RMRA Projected Revenues by City

3. Locator Map
Appropriated/Funded:

Review By:

Department Director:

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

Page 1 of 2 ends

RESOLUTION NO. ___ - 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PORTERVILLE ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-2023 FUNDED BY SB 1: THE ROAD REPAIR
AND ACCOUNTABILITY ACT OF 2017
WHEREAS: Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS: SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Porterville, hereinafter referred to as the “City” are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS: the “City” must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS: the “City”, will receive an estimated $1,319.148 in RMRA funding in Fiscal Year 2022-23 from SB 1; and
WHEREAS: this is the fourth year in which the “City” is receiving SB 1 funding and will enable the “City” to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS: the “City” has undergone a robust public process to ensure public input into our community’s transportation priorities/the project list; and WHEREAS: the “City” used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS: the funding from SB 1 will help the “City” maintain and rehabilitate 216 miles of streets/roads, 16 bridges, and add active transportation infrastructure throughout the “City” this year and hundreds of similar projects into the future; and WHEREAS: the 2020 California Statewide Local Streets and Roads Needs Assessment found that the “City’s” streets and roads are in an “Poor” condition and this revenue will help us increase the overall quality of our road system and, over the next decade, will help bring our streets and roads into an “at lower risk” to “good” condition; and

Page 2 of 2 ends

WHEREAS: the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE, BE IT RESOLVED as follows:

1. The foregoing recitals are true and correct.

2. The following newly proposed and adopted project will utilize fiscal year 2022-2023 Road Maintenance and Rehabilitation Account revenues in their delivery.

Villa Street Reconstruction
Reconstruction of roadway section of two-lane collector roadway, 1 mile in length and 40 feet in width.

Located between Olive Avenue and Henderson Avenue
Estimated Useful Life between 15-20 years
Revised Anticipated Year of Construction Spring 2023/Summer 2023 PASSED, APPROVED and ADOPTED this 20th day of June, 2022. __________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
_________________________________
By: Patrice Hildreth, Chief Deputy City Clerk
Local Streets and Roads - Projected Revenue
s
2021-22 2022-23
Estimated May 2022 Hwy Users Ta
x Road Mntnc TOTAL Hwy Users Ta
x Road Mntnc TOTAL
Account Rehab Acct Account Rehab Acct
SUTTER COUNTYLIVE OAK 185,593 236,582 422,175 261,520 207,424 468,944YUBA CIT Y 1,402,318 1,748,509 3,150,827 1,936,937 1,567,272 3,504,210 Count
y of Sutter 3,632,696 3,827,639 7,460,335 4,281,127 3,997,880 8,279,007 Total Cities & Count
y: Sutter 5,220,607 5,812,731 11,033,337 5,812,731 5,220,607 11,033,337 TEHAMA COUNTYCORNING 151,850 195,672 347,522 216,151 169,713 385,863RED BLUFF 282,778 359,520 642,298 397,655 316,041 713,696TEHAMA 8,876 16,841 25,717 18,038 9,921 27,958 Count
y of Tehama 4,024,115 3,978,127 8,002,242 4,381,907 4,428,646 8,810,553 Total Cities & Count
y: Tehama 4,467,620 4,550,159 9,017,779 4,550,159 4,467,620 9,017,779 TRINITY COUNTYCount
y of Trinit
y 2,113,765 2,209,469 4,323,234 2,411,679 2,326,255 4,737,934 TULARE COUNTYDINUBA 525,394 656,891 1,182,284 727,107 587,196 1,314,303EXETER 217,889 275,743 493,632 304,863 243,519 548,382FARMERSVILLE 224,427 283,784 508,211 313,778 250,826 564,604LINDSA Y 259,358 326,740 586,098 361,402 289,867 651,269
PORTERVILLE 1,180,308 1,463,756 2,644,064 1,621,500 1,319,148 2,940,647TULARE 1,372,003 1,699,489 3,071,492 1,882,852 1,533,392 3,416,244VISALIA 2,759,105 3,407,744 6,166,848 3,776,487 3,083,658 6,860,145WOODLAKE 159,578 203,037 362,615 224,364 178,349 402,713Count y of Tulare 14,166,304 14,894,876 29,061,180 16,660,076 15,590,398 32,250,474 Total Cities & Count
y: Tulare 20,864,365 23,212,059 44,076,425 23,212,059 20,864,365 44,076,425 TUOLUMNE COUNTYSONORA 97,145 136,300 233,446 150,236 108,573 258,808Count y of Tuolumne 2,791,968 3,234,911 6,026,879 3,593,722 3,072,636 6,666,358 Total Cit
y & Count
y: Tuolumne 2,889,113 3,371,211 6,260,325 3,371,211 2,889,113 6,260,325 May 2022 CaliforniaCityFinance.com Page 20 of 21
Know what'sbelow.

Callbefore you dig.

R
County of Tulare ---- City of Porterville
CITY OF PORTERVILLE JAVIER SANCHEZ (559) 782-7499
CHARTER COMMUNICATIONS DAN NAUYOKS (559) 920-9669
SOUTHERN CALIFORNIA EDISON PAUL VIOLET (559) 331-8557
SOUTHERN CALIFORNIA GAS CO. MANUEL MEJORADO (559) 739-2317 AT&T ERIN PECTOL (559) 739-6649
OACYS RYAN WALKER (559) 781-4123

PROJECT
LIMITS

CITY OF

PORTERVILLE
VILLA ST.

HENDERSON AVE.

OLIVE AVE.

MORTON AVE.

STATE ROUTE 65
MAIN ST.

STATE ROUTE 65
STATE ROUTE 190
GRAND AVE.

PUTNAM AVE.

MAIN ST.

CITY OF PORTERVILLE BENCHMARK #32
BRASS DISC IN WELL HENDERSON AVE. AND INDIANA ST.

ELEVATION = 436.386 (NGVD29)
VILLA ST.

OLIVE AVE.

HENDERSON AVE.

Item No. 7.

CITY COUNCIL AGENDA – JUNE 20, 2022
SUBJECT: A Resolution Approving the Application for the State Assembly Bill 836 Clean Air Centers Pilot Program through the San Joaquin Valley Air Pollution Control District
SOURCE: Parks and Leisure Services
COMMENT: California wildfires have increased in severity and intensity, particularly in the past few years. These fires also produce heavy smoke that has impacted nearly all of the state and blanketed communities for days or even weeks at a time.

This creates significant exposures to particulate matter and air toxics for the people in these communities. The Wildfire Smoke Clean Air Centers for Vulnerable Populations Incentive Pilot Program, which was established by Assembly Bill 836 (AB 836), provides funding through a grant program to upgrade ventilation systems and to provide portable air cleaners to create a network of clean air centers. The clean air centers will provide vulnerable populations a respite from wildfires and other smoke events.

This grant program is designed to support three types of projects to establish clean air centers. One type of project is to upgrade the existing ventilation system of facilities. Another type of project is to purchase high-efficiency air filters for facilities whose ventilation systems are ready to be equipped with such air filters. The final type of project, which the City is applying for, is to provide funding for the purchase of portable air cleaners so that cities, counties, emergency management organizations, disaster relief organizations, etc., can deploy them as needed to create temporary clean air centers in communities when wildfire smoke events occur.

RECOMMENDATION: That the City Council adopt a Resolution approving the application for the AB 836 Clean Air Centers Pilot Program through the San Joaquin Valley Air Pollution Control District ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager
Item No. 7.

RESOLUTION NO. ___-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE APPROVING THE APPLICATION FOR THE AB 836 CLEAN AIR CENTERS PILOT

PROGRAM WITH THE SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT WHEREAS, the Clean Air Centers Pilot Program, through the San Joaquin Valley Air Pollution Control District, was established by Assembly Bill 836, which provided funding to create Wildfire Smoke Clean Air Centers for vulnerable populations and establish a network of publicly accessible facilities with high-efficiency air filtration systems for valley residents who may not otherwise have access to clean air during wildfire events; and WHEREAS, the District believes the projects funded through this program can secure longterm air quality benefits as the funding will be used to introduce innovative clean-air technology and strategies on the local level; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Porterville hereby:

1. Authorizes the City of Porterville to enter into a contract with the San Joaquin Valley Air Pollution Control District’s Clean Air Centers Pilot Program.

2. Appoints the Parks and Leisure Services Director as the authorized agent of the application to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned program.

PASSED, APPROVED AND ADOPTED this 20th day of June, 2022. ________________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By: __________________________________
Patrice Hildreth, Chief Deputy City Clerk
Item No. 8.

CITY COUNCIL AGENDA – JUNE 20, 2022
SUBJECT: Consideration of Partnership Agreement with Porterville Unified School District Transformative Climate Communities Grant Application SOURCE: Community Development
COMMENT: In 2020, the Porterville Unified School District (PUSD) was awarded a Round 3 Transformative Climate Communities (TCC) planning grant in the amount of $200,000. The intent of the TCC Program is to further the purposes of State Assembly Bill 32 (Nunez, Chapter 488, Statutes of 2006) and State Assembly Bill 2722 (Burke, Chapter 371, Statutes of 2016) by funding projects that reduce greenhouse gas (GHG) emissions through the development and implementation of neighborhood-level transformative climate community plans that include multiple coordinated GHG emissions reduction projects that provide local economic, environmental, and health benefits to disadvantaged communities. The grant was provided to develop a 10-year climate action plan for PUSD. The Climate Action Plan has a goal to reduce pollution and GHG emissions by eighty percent (80%) from school buildings, transport, and operations (based on 1990 emissions baseline). The plan includes institutional commitment and educational components, including paid high school interns to lead the community engagement plan.

On March 8, 2022, The California Strategic Growth Council (SGC) along with its partner agency, the Department of Conservation (DOC), announced the availability of funding for Round 4 of the Transformative Climate Communities Program. Funds available include a total of approximately $105 million for three implementation grant awards of $35 million for each awardee. PUSD is eligible to apply for an implementation grant as it was awarded a TCC planning grant in 2020. PUSD has been coordinating with City staff, Tulare County Association of Governments (TCAG), and the Tulare County Regional Transit Agency (TCRTA) on a TCC Round 4 implementation grant. The grant application includes requests for funding of projects that include benefits to transportation, energy, waste reduction, and water improvements. In support of the grant application, PUSD has drafted a Partnership Agreement which puts forth the expected organization, governance and financial relationships between the lead applicant (PUSD) and co-applicants (City, TCAG and TCRTA). If the grant application is successful, a subsequent approval by each agency will be required. The attached draft Partnership Agreement is non-binding and does not create any legally binding rights upon the Parties. The TCRTA Board of Directors will be considering approval of the draft agreement at its meeting on June 22, 2022, and the TCAG Board of Governors will be considering the draft agreement at its meeting on June 27, 2022.

Item No. 8.

RECOMMENDATION: That the City Council:

1. Approve the draft Partnership Agreement with the Porterville Unified School District in support of a grant application to the State of California Strategic Growth Council for an
implementation grant through the Transformative Climate Communities Program; and

2. Authorize the City Manager to sign the Agreement.

ATTACHMENTS: 1. Draft Partnership Agreement
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Community Development Director
Final Approver: John Lollis, City Manager

PARTNERSHIP AGREEMENT

BY AND BETWEEN THE

THE PORTERVILLE UNIFIED SCHOOL DISTRICT, THE CITY OF PORTERVILLE, THE TULARE

COUNTY ASSOCIATION OF GOVERNMENTS,
AND

THE TULARE COUNTY REGIONAL TRANSIT AGENCY

TO FACILITATE COORDINATION OF THE PUBLIC AGENCY STAKEHOLDERS IN DEVELOPING THE TRANSFORMATIVE CLIMATE COMMUNITIES PROGRAM:

CREATING OPPORTUNITIES, CHANGING LIVES IN PORTERVILLE
This Partnership Agreement is entered into by and between the Porterville Unified School District (Lead Applicant), the City of Porterville (Co-Applicant), the Tulare County Association of Governments (Co-Applicant), the Tulare County Regional Transit Agency (Co-Applicant) and Climate Action Pathways for Schools (Co-Applicant) in support of an application to the State of California’s Strategic Growth Council for an Implementation Grant through its Transformative Climate Communities Program. In anticipation of any such award, and in support of the grant application, this Partnership Agreement puts forth the expected organization, governance and financial relationships between the Lead Applicant and Co-Applicants as will be required to implement its Transformative Climate Communities Program. Any agreement awarded to the Lead Applicant or Co-Applicants resulting from a successful grant application will require subsequent approval by their governing boards.

PERTINENT ENTITIES
Porterville Unified School District (Referred to in this Partnership Agreement as “PUSD”): PUSD is local education agency with a 2021-22 enrollment of 14,471 students in kindergarten through 12th grade, 7,493 of which attend schools in the Project Area. In addition to having twelve of its schools in the Project Area, the PUSD’s district offices, operations center and transportation yards are located in the Project Area as well.

City of Porterville (Referred to in this Partnership Agreement as “COP”): The COP is located in the foothills of the Sierra Nevada mountains in Tulare County, California. The City's sphere of influence includes rural areas surrounding the incorporated city and an urban area known as East Porterville. It is home to approximately 53,000 people, with approximately 23,000 people living in the Project Area. In addition to its residents in the Project Area, the City’s Administrative offices, Police Department, Fire Department and Library are located in the Project Area as well.

Tulare County Association of Governments (Referred to in this Partnership Agreement as “TCAG”): The TCAG was formed by a joint powers agreement in 1971. Eight incorporated cities, including the City of Porterville and the County of Tulare executed the agreement. The purpose of this formation was in part to assist local jurisdictions in obtaining federal and state assistance by providing advice, counsel, and professional direction. TCAG is committed to improving the quality of life for residents throughout Tulare County, creating regional plans and building projects. TCAG coordinates regional transit to make getting around easy and convenient.

Tulare County Regional Transit Authority (Referred to in this Partnership Agreement as “TCRTA”): TCRTA is a joint powers agency formed by the County of Tulare and the Cities of Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare, and Woodlake pursuant to Section 6500 et seq. of the Government Code of the State of California through the adoption of a Joint Powers Agreement (JPA) effective in 2020. The JPA has full power and authority to own, operate, and administer a public transportation system within the jurisdictions of its members.

TCRTA operates as a public agency separate and apart from its members.

Climate Action Pathways for Schools (Referred to in this Partnership Agreement as “CAPS”):

CAPS is a California based non-profit, 501(c)(3), with California State Charity Registration Number CT0269013. CAPS partners with public schools to provide inspiring climate education programs. CAPS began partnering with PUSD in support of its climate action program in 2019.

GENERAL BACKGROUND
In 2019, PUSD began its work on an ambitious climate action program, with the aim to reduce greenhouse gas (GHG) emissions through school operations by 80% by 2030. The City of Porterville and the Tulare County Association of Governments, with the support of a Transformative Climate Community (TCC) Planning Grant awarded in 2020, began collaborating and supporting PUSD’s climate action program.

To advance and serve Porterville, California, community stakeholders have come together to establish Creating Opportunities, Changing Lives in Porterville, a TCC Program, including applying for a TCC Implementation Grant. If awarded, the TCC Implementation Grant would be the centerpiece of the Program, and provide an investment catalyst to accomplish these important Program goals:

1. Reducing greenhouse gas (GHG) emissions

2. Providing a clean mobility option to school for every student

3. Improving public health

4. Reducing energy costs

5. Reducing waste

6. Saving water and

7. Providing economic opportunity and advancing education The TCC Implementation Grant will serve an approximate 5.0 square mile area of Porterville (the Project Area), encompassing these four United States Census Bureau census tracts:
6107003700, 6107003802, 6107004101 and 6107004102. These census tracts are located in the center and east side of Porterville, a map of which is included in EXHIBIT A of the Partnership Agreement.

STAKEHOLDER ORGANIZATION
Creating Opportunities, Changing Lives in Porterville will be organized under the leadership of PUSD. In addition to PUSD and the Co-Applicants described above, the organization will include a Porterville Community Committee (PCC) participating as a member of its TCC Program stakeholder organization and supported by CAPS. The stakeholder organizational structure is outlined in EXHIBIT B of the Partnership Agreement.

GOVERNANCE
The stakeholder organization, represented by PUSD, the Co-Applicants and PCC, will have collective responsibility for developing and approving its TCC Program vision, goals and project strategies, including an overall Program budget. Responsibility for project implementation will be individually held by the Lead Applicant or Co-Applicant with jurisdiction over each respective project.

The governance of the stakeholders will be by a committee consisting of five representatives – PUSD, COP, TCAG, TCRTA and PCC, with PCC represented by CAPS at stakeholder committee meetings. Aspects of the Program with collective responsibility, including handling disputes, and changes to this Agreement, adding or removing members, will be voted upon by the stakeholder representatives, with any decisions of collective responsibility requiring unanimous approval.

Individual Applicants (PUSD, COP, TCAG, TCRTA and CAPS) will be responsible for projects within their jurisdiction. The financial relationship between the Lead Applicant and CoApplicants will be outlined in individual agreements between Lead Applicant and each CoApplicants after an award of a TCC Implementation Grant agreement, and will require an approval of each of their governing boards.

MEETINGS AND COMMUNICATIONS
The five representatives of the stakeholder committee will meet quarterly for the term of any TCC Program Implementation award. Preceding those quarterly meetings, CAPS will organize a quarterly meeting of the PCC, at which any collective decisions to be made at the quarterly stakeholder meetings can be voted on by the PCC, with CAPS then representing and providing the majority vote of the PCC at the stakeholder committee meeting for those decisions.

CAPS will create a public website for the TCC Program, providing:
• A description of the Program and stakeholder organization • A quarterly progress report
• Agendas from quarterly meetings
• Minutes from quarterly meetings
• An email contact address for questions and community input

NOW, THEREFORE, THE LEAD APPLICANT AND CO-APPLICANTS SHARE THE FOLLOWING UNDERSTANDING:

Transportation:
• A transition to emissions-free transportation is critical in California in order to reduce its GHG emissions, as transportation is responsible for approximately 41% of the state’s GHG emissions (https://ww2.arb.ca.gov/ghg-inventory-data), and to improve air quality. • A goal of our TCC Program is providing a clean mobility transportation option to school for every student. We consider clean mobility to include transportation by zeroemissions vehicles or active transportation, including walking and biking. • Critical to providing transportation by zero-emissions vehicles is both (1) zero-emissions transportation through PUSD’s transportation services, and (2) zero-emissions public transportation offered by TCRTA.
• Improving active transportation in the Project Area will build upon an active transportation program underway with the COP, including the Butterfield Stage Corridor ($7.75M) and the Sante Fe Byway ($3.6M), both of which are active transportation projects underway in the Project Area.
• In our TCC Implementation Grant application, we expect to include a request for project funding for the improvements to certain streets, curb ramps, sidewalks and cross-walks at or near school sites in the Project Area. Although preliminary designs and cost estimates for these improvements have been completed, if awarded a grant through this application, and prior to any construction, the design of the improvements will need to be completed and in compliance with the COP’s standards, and will require approval by the COP’s governing board, its City Council.

Buildings:
• The majority of GHG emissions from school operations in the Project Area are the result of the energy usage of school facilities in the Project Area. • Transitioning school facilities to zero-emissions is a key strategy to meeting our Program goal in reducing GHG emissions.
• The transition to zero-emissions in school buildings will also improve public health in our community by improving ventilation and indoor air quality for students while at school.

Water:
• Drought in the San Joaquin Valley constitutes a major challenge and the environmental issue of most concern to the PUSD community.
• Transitioning school grounds to drought tolerant landscaping is important to facing that challenge, and will provide a model for other businesses and residents in the Project Area.
• Providing healthy drinking water is critically important for the Project Area in confronting drought. Providing filtered hydrations stations at schools throughout the Project Area helps to ensure access to healthy drinking water for youth in the Project Area.

Education and Workforce Development:
• PUSD launched its Pathways Program in 2008, as centerpiece for high school educational reform in Porterville. Its Pathways Program has flourished and been successful over these past 14 years, and is a nationally recognized model in public education in helping under-resourced communities prepare its youth for college and career.
• The success of PUSD Pathways was established by, and built on broad based community engagement and support, including the COP.
• Our TCC Program will leverage the PUSD Pathways Program, and the projects built therein, to teach prepare our youth and the community for college and career opportunities in sustainability related professions, including zero emissions transportation, energy efficiency, solid waste reduction, water efficiency and clean energy technology.

OFFICIAL COMMUNICATIONS
The respective contact points for communication and information exchange, as well as any notice required to be submitted under this Partnership Agreement are:
• Brad Rohrbach, Assistant Superintendent of Business Services, PUSD • Jason Ridenour, Community Development Director, COP
• Benjamin Kimball, Deputy Executive Director, TCAG
• Richard Tree, Executive Director, TCRTA
• William Kelly, President, CAPS

NON-BINDING PARTNERSHIP AGREEMENT
a. This Partnership Agreement is a non-binding, voluntary initiative and does not create any legally binding rights, limitations or obligations upon the Lead Applicant and CoApplicants. This Partnership Agreement does not purport to include all provisions relative to the structure or terms of the proposed transaction or definitive documents.

Rather, the Lead Applicant and Co-Applicants agree that any binding commitments in future will be memorialized in agreements as they are negotiated. Each party shall bear its own costs related to this effort unless otherwise agreed to in writing. b. Should the Lead Applicant and Co-Applicants reach an impasse in the collaborative effort anticipated by this Partnership Agreement, the contact points (identified above) will make an expeditious and good faith effort at working together to resolve the impasse.
c. This Partnership Agreement is effective from the date of its last signature and shall remain in effect until December 31, 2023, or until another Partnership Agreement or agreement is executed between the Lead Applicant and Co-Applicants, or one Participant withdraws from the Partnership Agreement, whichever is earlier. d. The Lead Applicant and Co-Applicants may, at any time, withdraw from this Partnership Agreement by providing a written notice to the Lead Applicant and each of the CoApplicants.

NON-DISCRIMINATION CLAUSE
The Lead Applicant and Co-Applicants do not discriminate against any person on the basis of sex, race, creed, color, national origin, age, religion, ancestry, sexual orientation, disability, medical condition, or marital status.

By signing below, as authorized representatives of the Lead Applicant and Co-Applicants described above, approve this Partnership Agreement.

Nate Nelson, Superintendent Date
Porterville Unified School District
John Lollis, City Manager Date
City of Porterville
Ted Smalley, Executive Director Date
Tulare County Association of Governments
Richard Tree, Executive Director Date
Tulare County Regional Transit Authority
William Kelly, President Date
Climate Action Pathways for Schools

EXHIBIT A

PROJECT AREA

TCC PROGRAM PROJECT AREA MAP
Creating Opportunities, Changing Lives in Porterville
NOTES:
- Grey shaded areas in Project Area are locations of PUSD schools - Red dots are location of PUSD student residences in Project Area

EXHIBIT B

STAKEHOLDER ORGANIZATIONAL CHART
TCC Program Organizational Structure
Creating Opportunities, Changing Lives in Porterville
Item No. 9.

CITY COUNCIL AGENDA – JUNE 20, 2022
SUBJECT: Intent to Set a Public Hearing to Consider the Formation of a Sewer Utility District for Island Annexation Area 479A
SOURCE: Engineering and Project Management
COMMENT: Staff respectfully requests that the City Council set a Public Hearing for August 2, 2022, to allow for a "protest hearing" from property owners who live and/or own property within Island Annexation Area 479A. Proposition 218 guidelines requires forty-five (45) days marked notice of the Public Hearing. A ballot must be included in the notice for property owners to vote for or against the formation of a sewer utility district. This was accomplished via regular mail service through the United States Postal Service on May 25, 2022. Affected property owners were notified of the Public Hearing, the sewer connection assessment amount, length of time provided on the assessment, reason for the assessment, and a summary on how the voting will function.

A Resolution declaring the Council's intent to create a sewer utility district is attached for Council's consideration. Proposition 218 Guidelines specify that the City Engineer or the Engineering and Project Management Director must prepare and present an Engineer's Report to the City Council prior to the Hearing. The Engineer's Report must Provide:

1. A description of the improvements;

2. A cost estimate of the improvements;

3. Maps and/or drawings describing the boundaries of the utility district;

4. Methodology used by the Engineer of Record to equitably spread the cost of the improvements throughout the utility district; and

5. An assessment roll listing all parcels in the district and the proposed assessment against each parcel in the district.

RECOMMENDATION: That the City Council:

1. Set a Public Hearing for August 2, 2022, pursuant to Proposition 218 Guidelines, for consideration to form Sewer Utility District Area 479A; and

2. Approve the Engineer's Report for Sewer Utility Area 479A.

ATTACHMENTS: 1. Draft Resolution - Intent to Form a Sewer Utility District

2. Engineer's Report

3. Exhibit 'A' - 479A Cost Spreadsheet

4. Exhibit 'B' - Area 479 Locator Map

5. Draft Resolution - Accepting the Engineer's Report
Item No. 9.

Appropriated/Funded:

Review By:

Department Director:

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

Page 1 of 2 ends

RESOLUTION NO. ___-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PORTERVILLE APPROVING

THE INTENT TO FORM AN
ISLAND ANNEXATION AREA 479A

SEWER UTILITY DISTRICT, LEVYING THE ASSESSMENT
WHEREAS: Island Annexation Area 479A, were large areas annexed into the city in April of 2017; and
WHEREAS: the parcels in these area’s utilize individual septic tanks that are failing; and WHEREAS: the City Council of the City of Porterville unanimously approved the design of the Island Annexation Area 479A Project contingent upon the establishment of the Island Annexation Area 479A Sewer Utility District; and
WHEREAS: in accordance with California Streets and Highways Code Section 10000 et seq. and other applicable laws, the property owners were provided with Notice of the Public Hearing and assessment ballot proceeding; and
WHEREAS: it is the intent of the City Council to hold a Public Hearing to receive comment from the public, accept and tabulate ballots; and WHEREAS: the property owners within the proposed District will be given the opportunity to cast ballots at the end of the Public Hearing to be held on August 2, 2022, and approve the imposition of the assessment and the formation of the District; NOW, THEREFORE, BE IT RESOLVED: That it is the intention of the City Council of the City of Porterville to:

1. Approve the formation of the Island Annexation Area 479A Sewer Utility District establishing an assessment to pay for the installation of new sewer mains and laterals. A diagram of the District setting forth the boundaries and parcels located within the District is attached hereto as Exhibit ‘A’;

2. Authorize the levying of the assessment as set forth in Exhibit ‘B’;

3. Authorize the City to permit property owners to pay the total one-time assessment on a bi-yearly basis through property taxes over a period of 30 years, with 3% interest. This cost shall be as set forth in Exhibit ‘B’.

PASSED, APPROVED and ADOPTED this 20th day of June, 2022.

Resolution No. __-2022

Page 2 of 2 ends

____________________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By: __________________________________
Patrice Hildreth, Chief Deputy City Clerk

Exhibit 'A'

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 SEWER ANNEXATION
NUMBER 479A

SUBJECT

LOCATIONS BEVERLY ST

W OLIVE AVE S NEWCOMB ST
W ROBY AVE S PROSPECT ST STATE HIGHWAY 65 S COBB ST
LEGEND

ANNEXATION LIMITS

EXISTING SEWER MAIN

PROPOSED SEWER MAIN

Page 1 of 1 ends

RESOLUTION NO. ___-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF PORTERVILLE ACCEPTING
THE ENGINEER’S REPORT FOR
ISLAND ANNEXATION AREA 479A
WHEREAS: Island Annexation Area 479A was annexed in April 2017; and WHEREAS: the parcels in this area utilize individual septic tanks that are failing; and WHEREAS: an Engineer’s Report has been prepared by direction of the City Council of the City of Porterville (attached); and
WHEREAS: the report states that the new sewer system will have a positive effect upon all parcels within the proposed boundary and provide a reliable, consistent and safe method of sewage disposal; and
WHEREAS: the report states construction costs will initially be provided by a loan from re-financed Certificate of Participation Bond Sewer funds, and establishes repayment of the loan by property owners through a Sewer Utility District; and WHEREAS: property identifications and the proposed assessment Boundary Maps are referenced in the report.

NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Porterville accepts the Engineer’s Report for the Island Annexation Area 479A sewer project.

PASSED, APPROVED AND ADOPTED this 20th day of June, 2022. ____________________________________
Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By: __________________________________
Patrice Hildreth, Chief Deputy City Clerk
Item No. 10.

CITY COUNCIL AGENDA – JUNE 20, 2022
SUBJECT: Amendment No. 5 to Carollo Engineers, Inc. Professional Services Agreement for Master Plan Updates and Recycled Water Feasibility Study SOURCE: Engineering and Project Management
COMMENT: Carollo Engineers, Inc. is currently under contract with the City to provide engineering services for the preparation of Sanitary Sewer, Water System and Storm Drain Master Plan Updates, Recycled Water Feasibility Study, and Storm Water Resources Master Plan, which was outlined in the Agreement of Services dated April 28, 2017.

With projects of this magnitude, costs are often affected by changing regulations, evolving needs, and expanded scopes as the time needed to complete the overall work is increased. Carollo is nearing the completion of this project and after reviewing the outstanding deliverables with staff, it was determined that a final/close-out contract amendment would be necessary and warranted. Staff has negotiated a final/close-out contract amendment in the amount of $266,897.67. The negotiated cost for the final/close-out contract amendment will be funded from the following funding sources; $8,835.13 from the Storm Water Revolving Fund, $7,505.14 from the Sewer Revolving Fund, $80,042.54 from the Wastewater Treatment Facility Reserve Fund, and $170,514.88 for Recycled Water from the Water Revolving fund.

RECOMMENDATION: That the City Council:

1. Authorize the Mayor to execute Addendum No. 5 to Carollo Engineer's Services Agreement at an agreed upon fee of
$266,897.67 for the final/close-out work as described herein;

2. Authorize progress payments up to one hundred percent (100%) of the fee amount;

3. Authorize the Finance Director to appropriate $8,835.13 from the Storm Water Revolving Fund, $7,505.14 from the Sewer Revolving Fund, $80,042.54 from the Wastewater Treatment Facility Reserve Fund, and $170,514.88 from the Water
Revolving Fund.

ATTACHMENTS: 1. Consultant Summary of Close Out
Appropriated/Funded:

Review By:

Item No. 10.

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
Comments on Summary of Account Activity Spreadsheet
• All items added by Carollo are double outlined in Blue • Original Payment tab included the outstanding invoices as PAID, they have not been paid • Original Account Summary tab included the outstanding invoices in total paid to date column, those amounts have been backed out of the Paid to Date information • There are several of the integrated master plan task budgets that have been exceeded as of February 2022. However, as of February 2022, Carollo the total contracted budget had not been exceeded, and Carollo has not prepared any invoices above the total contracted budget. • The proposed amendment is the sum of held hours and the estimated cost to complete the work. The total proposed amendment amount is $192,838. The task breakdown for the proposed amendment is show in Column AC (which is the sum of column AA and Colum AB).

Comments on Held Hours and Estimated Cost to Complete
The following sections provide a task breakdown of the remaining budget and proposed budget amendment. Where applicable, the sections below include a discussion of efforts that led to the negative task budgets, held hours and estimated cost to complete. Please note that we have not included a discussion of the Task 2 negative budget since is a very small amount (less than one dollar).

Integrated Master Plan (Tasks 1-8, 10-12)
Project Management
Proposed Amendment
Task
Budget
Remaining Held Hours
Estimated Cost to
Complete Total
1 -Project Management -$18,055.74 $19,878.68 $0.00 $19,878.68 Discussion of budget overrun and held hours:
• Project Duration - The project duration was longer than planned, which leads to increased efforts on project management. The reasons for the extended project duration include lengthy review periods on project deliverables and re-work on project tasks as a result of evolving information and data.
• Project Coordination – There was more coordination required with 4-Creeks on GSP analysis and information for the master plan than anticipated.

Estimated Cost to Complete
• None
Planning Data and Background
Proposed Amendment
Task
Budget
Remaining Held Hours
Estimated Cost to
Complete Total
3 – Planning Data and Background -$14,991.93 $0.00 $0.00 $0.00 Discussion of budget overrun:
• Data Organization and Completeness – There was unanticipated effort in organizing and compiling datasets for the hydraulic and hydrologic (H&H) modeling. In the case of hydraulic model development, the GIS needed additional manipulation and editing to be usable for the hydraulic model.

Estimated Cost to Complete
• None
Determination of Existing System Capacities and Demands Proposed Amendment
Task
Budget
Remaining Held Hours
Estimated Cost to
Complete Total
5 – Determination of Existing
System Capacities and Demands
-$39,710.76 $0.00 $0.00 $0.00
Discussion of budget overrun:
• Existing System Capacities and Demands: It was assumed that the initial allocation (per GSP) would be provided as a number from the City, via 4-Creeks. We expended significant effort to estimate this initial allocation including correspondence and phone calls with staff from 4- Creeks. This is a figment of the idiosyncrasies of GSPs and how the water balance is calculated for various parties and this deciphering flowed down to our team to make usable for the supply analysis.

Estimated Cost to Complete
• None
Hydraulic and Hydrologic Modeling
Proposed Amendment
Task
Budget
Remaining Held Hours
Estimated Cost to
Complete Total
6 - Hydraulic and Hydrologic
Modeling
-$37,319.63 $0.00 $0.00 $0.00
Discussion of budget overrun:
• Changes to Model Inputs and Conditions: In the case of the storm drain modeling, LIDAR data was made available after the initial model build, so we had to redo our storm drain basin volume estimates. Part way through the project, the City changed the initial groundwater allocation, and the analysis of the supply/demand deficit, and quantification of the benefits of various water supply alternatives had to be re-done.
• Analysis Inefficiencies: Some of the modeling analysis had to be re-done based as a result of poor performance by a former employee. We have written off all (total 124) of the employee’s hours, which equates to a billable total of $26,600.

Estimated Cost to Complete
• None
Wastewater Treatment Plant Evaluation
Proposed Amendment
Task
Budget
Remaining Held Hours
Estimated Cost to
Complete Total
7 – Wastewater Treatment Plant
Evaluation
-$999.40 $0.00 $0.00 $0.00
Discussion of budget overrun:
• Alternatives Analysis: The budget overrun is not significant for this task. It is attributed to evaluating multiple nutrient removal options and split treatment schemes.

Estimated Cost to Complete
• None
Capital Improvement Plan
Proposed Amendment
Task
Budget
Remaining Held Hours
Estimated Cost
to Complete Total
10 -Capital Improvement Plan -$13,378.82 $11,363.00 $0.00 $11,363.00 Discussion of budget overrun and held hours:
• Revisiting Cost Estimates: With every change in the analysis, due to rework or new data or revised assumptions, the estimated costs of master plan projects can change. There was unanticipated effort associated with revising cost estimates due to the trickle-down effect of revising the analyses.

Estimated Cost to Complete
• None
Master Plan Deliverables
Proposed Amendment
Task
Budget
Remaining Held Hours
Estimated Cost to
Complete Total
11 - Deliverables - Utility Master
Plans
-$79,689.78 $59,401.11 $3,000.00 $62,401.11
Discussion of budget overrun and held hours:
• Revising Planning Documents: With changes in data, assumptions, analyses, and cost estimates, the extensive documentation of the master plan was reviewed and modified. The most significant revisions of the master plan memos and documents were for the water analysis, and were related to changing data/assumptions for water supply, storage, and subsequent impacts on the hydraulic modeling analysis. In addition, the effort related to split treatment and scenarios accommodating the casino were no included in the original scope of work. Additional effort to analyze and document these options impacted the water portfolios, wastewater treatment analysis, and hydraulic analysis.
• Partial Drafts: Furthermore, to help facilitate timely client review of the master plan documents and to reduce the overall volume documentation for review, we prepared partial drafts of the master plan. This additional effort to prepare partial drafts was not anticipated. • Review Periods: City review periods were long and this led to inefficiency in addressing comments as it requires more time to get back up to speed on the details of the analysis.

Estimated Cost to Complete
• Assuming very limited comments from the City, the effort to complete the master plan is $3,000. If comments that require changes to the analysis of projects or modeling, then additional budget would be required.

Contingency
Proposed Amendment
Task
Budget
Remaining Held Hours
Estimated Cost to
Complete Total
12 – Contingency -$52,011.53 $0.00 $0.00 $0.00
Discussion of budget overrun:
• In June 2018, Task 8, the Stormwater Resources Plan scope was eliminated from the project.

This modification was completed in Amendment 1. The City allocated $54,636.00 to the this task. Work completed on this task totaled $52,011.53. The negative budget shown above is because Carollo did not receive a formal reallocation of funds. • Work directed by the City included reconfiguring the water supply portfolio analyses, and screening metrics/criteria, hydraulic analysis of effluent pipeline capacity, and further analysis on split treatment options.

Estimated Cost to Complete
• None
Biosolids Pre-Application (Task 21)
Proposed Amendment
Task
Budget
Remaining Held Hours
Estimated Cost to
Complete Total
Biosolids Pre Application -$6,685.04 $0.00 $0.00 $0.00
Discussion of budget overrun:
• Conducted additional special studies at the City’s request to look at impacts of removing significant acreage from the reclamation area. A separate report was prepared to document this analysis.

Estimated Cost to Complete:
• None
UWMP (Tasks 22-23)
Proposed Amendment
Task
Budget
Remaining Held Hours
Estimated Cost to
Complete Total
22 - Prepare UWMP Components 16,752.61 $0.00 $0.00 $0.00 23- 2020 UWMP Development -1,335.19 $15,417.00 $0.00 $15,417.00 Discussion of budget overrun and held hours:
• The task budget shows an overrun on Task 23, and available budget on Task 22. • The development of the UWMP components (Task 22) was relatively straight forward and was completed with surplus budget. Task 23 involved compilation of these components into the UWMP report, which has required City review and revisions to go from the Draft to a version submitted to DWR. As a whole, the development of the UWMP components and the development of the report has not exceeded the total budget for the UWMP effort. • UWMP shows the expenses incurred that have not been billed (held hours in Task 23). These expenses have not been billed because Carollo is unable to bill above our total contracted amount. With inclusion of the held hours, the remaining project budget for the UWMP study would be $0.

Estimated Cost to Complete:
• None
CV SALTS (Tasks 16-20)
Proposed Amendment
Task
Budget
Remaining Held Hours
Estimated Cost to
Complete Total
16 - Project Management and
Meetings
$66,976.36 $0.00 $0.00 $0.00
17- Nitrate Initial Assessment -$81,067.79 $14,391.76 $14,391.76 18- Survey of Discharge Impacts on
Water Wells (NIA)
$10,699.20 $0.00 $0.00 $0.00
19 – Early Action Plan $68,998.75 $7,698.55 $33,310.00 $41,008.55 20 - Identification of an Overlaying
or Adjacent Management Zone
(NIA)
$2,249.30 $0.00 $0.00 $0.00
Discussion of budget overrun and held hours:
• Task 17 shows a budget overrun. However, the total budget of Tasks 16 through 20 was not exceeded. There was extensive analysis for the nitrate initial assessment, but there is available budget in the associated tasks 16, 18, and 19.
• CV SALTS shows the expenses incurred (held hours in Tasks 17 and 19) that have not been billed.

These expenses have not been billed because Carollo is unable to bill above our total contracted amount. With inclusion of the held hours, the remaining total project budget (Tasks 16 through 20) would be $45,766.

Estimated Cost to Complete:
• The effort to complete is associated with the remaining budget for Katz and Associates. If the City requests their services for continued outreach on the EAP, then the amount of $33,310 would be required.

AWIA (Tasks 24-27)
Proposed Amendment
Task
Budget
Remaining Held Hours
Estimated Cost to
Complete Total
24 - AWIA Data Collection and Site
Visits (AWIA)
-$3,047.67 $0.00 $0.00 $0.00
25- Risk and Resiliency Assessment
(AWIA)
$29,255.59 $2,614.35 $0.00 $2,614.35
26- AWWA G430 Standard Analysis
(AWIA)
$6,092.00 $0.00 $0.00 $0.00
27-Generate Documentation for
EPA to Support Compliance (AWIA)
$979.00 $0.00 $0.00 $0.00
Discussion of budget overrun and held hours:
• Task 24 shows a budget overrun reflecting additional effort on the data collection efforts.

However, the total budget of Tasks 24 through 27 was not exceeded. • AWIA project shows the expenses incurred that have not been billed (held hours in Task 25).

These expenses have not been billed because Carollo is unable to bill above our total contracted amount. With inclusion of the held hours, the remaining project budget would be $30,664.

Recycled Water Feasibility Study (Task 9)
Proposed Amendment
Task
Budget
Remaining Held Hours
Estimated Cost to
Complete Total
Recycled Water Feasibility Study $21.75 $15,763.59 $0.00 $15,763.59 Discussion of budget overrun and held hours:
• There was unanticipated effort on the level of detail on quantifying the landscape irrigation market. This involved several iterations and coordination with City staff that was not anticipated.
• Some additional effort was spent on consistency between the Recycled Water Study and the master plan documents, as a result of changes that occurred in the analysis as the project progressed. These changes included split treatment system analysis and changes to the water supply portfolios.

Estimated Cost to Complete:
• None
Sewer Rate Study (Tasks 13-14)
Proposed Amendment
Task
Budget
Remaining Held Hours
Estimated Cost to
Complete Total
Task 13 Sewer Rate Study -13,062.92 0.00 10,000 10,000
Discussion of budget overrun and held hours:
• The Sewer Rate Study shows a budget overrun. Initially there were two rate alternatives anticipated in this scope of work. Subsequently, stormwater related costs were incorporated into the analysis. In addition, there have been long delays in responses to interim and draft deliverables that have led to greater than anticipated level of effort.

Estimated Cost to Complete:
• The effort to complete is associated incorporating the stormwater and O&M capital costs into the financial planning, cost of service, alignment with statutes and regulations, and rate design.

This effort is estimated at $10,000. The City has provided recent direction on these additional efforts (June 2022) and the anticipated effort is reflected in the estimated cost to complete.

Item No. 11.

CITY COUNCIL AGENDA – JUNE 20, 2022
SUBJECT: Police Firing Range Cooperative Agreement with City of Lindsay SOURCE: Police
COMMENT: For the past several years, the Porterville Police Department has extended the use of the Department's Firearms Training Facility to the Lindsay Police Department. The executed agreement for use of the facility expires June 30, 2022.

The Lindsay Police Department has indicated it wishes to continue to use the training facility and has agreed to continued compensation for such use. The agreed-upon compensation is $1,500 annually over the term of a three-year agreement for a total of $4,500.

Department staff is requesting City Council approval to enter into a new agreement with the Lindsay Police Department allowing the agency continued usage of the Porterville Police Department Firearms Training Facility for the term of the agreement beginning July 1, 2022 to June 30, 2025.

RECOMMENDATION: That the City Council:

1. Approve the Agreement for the period of July 1, 2022 through June 30, 2025; and

2. Authorize the Chief of Police to execute the agreement on behalf of the City of Porterville.

ATTACHMENTS: 1. Draft Agreement

2. Firearms Range Rules and Regulations
Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: John Lollis, City Manager
Item No. 11.

POLICE FIRING RANGE COOPERATIVE AGREEMENT
This Agreement is entered into as of July 1, 2022, between the CITY OF PORTERVILLE (“CITY”), and the CITY OF LINDSAY (“LINDSAY”), (each a “Party,” and collectively, the “Parties”), with reference to the following:

A. The Parties desire to allow the use of the CITY Police Firing Range (“Range”) by the Lindsay Police Department (“LPD”).

B. The Parties are willing to enter into this Agreement on the terms and conditions set forth below.

ACCORDINGLY, IT IS AGREED:

1. The term of this Agreement shall be for three (3) years, commencing on July 1, 2022, and ending on June 30, 2025.

2. LPD desires use of the Range approximately twelve (12) times per agreement year, at the frequency of approximately one (1) use per month.

3. The cost per agreement year shall be fifteen hundred ($1,500) dollars paid annually each year.

4. The CITY shall furnish use of the Range to the LPD including restroom facilities if available, and shall pay all taxes, insurance, maintenance fees, and all other costs required to provide use of the Range in accordance with this Agreement.

5. LPD shall have the use of on-site firearms buildings located at the Range for training programs. Any available classroom facility may be used on a case-by-case basis, without additional charge, when arranged through the Porterville Police Department (“PPD”) Range Supervisor.

6. PPD and LPD agree the Range shall be open and usable by members of LPD at such times that are mutually agreeable to both parties. Exclusive use of the facilities by LPD must be coordinated with, and scheduled by the PPD Range Supervisor.

7. Prior to exclusive use of the Range, LPD will submit their training agenda and course of fire to the PPD Range Supervisor for approval.

8. LPD agrees that its members using the Range under this Agreement shall be governed by the range safety rules established by PPD. (Firearms Range Rules and Regulations, attached.)

9. On their scheduled training days, the LPD Range Master shall contact PPD Watch Commander upon their arrival and departure from the RANGE.

10.After use of the facility, LPD agrees to ensure the Range is cleaned properly of all debris resulting from their use, including brass. Brass will be left in containers (containing only brass) at the Range for disposal by PPD.

11.Notwithstanding Section 16 herein, both the PPD and LPD reserve the right to cancel this Agreement with thirty (30) days advance written notice to the other, for any (or no) reason. The cost shall be prorated to account for the period the contract was in effect.

12.The amount to be paid by LINDSAY will be due and payable as follows:

LINDSAY shall pay the amount as invoiced by the CITY on an annual basis of the agreed-upon cost within thirty days of receiving said invoice(s).

13.Indemnity/Hold Harmless Agreement: LINDSAY shall indemnify, defend, and hold harmless the City, its officers, employees, agents and volunteers (“City indemnities”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of LINDSAY’s performance of its obligations under this agreement or out of the operations conducted by LINDSAY, except for such loss or damage arising from the sole negligence or willful misconduct of the City. In the event the City indemnities are made a party to any action, lawsuit, or other adversarial proceeding arising from LINDSAY’s performance of this agreement, LINDSAY shall provide a defense to the City indemnities, or at the City’s option, reimburse the City indemnities their costs of defense, including reasonable legal counsels’ fees, incurred in defense of such claims.

14.General Liability Insurance: LINDSAY shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence. LINDSAY’s general liability policies shall be primary and shall not seek contribution from the City’s coverage, and be endorsed using Insurance Services Office form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insured’s under such policies.
a. Nothing in this section concerning minimum insurance requirements shall reduce a party's liabilities or obligations under the indemnification provisions of this Agreement.

15.Except as otherwise required by law, any notice to be given shall be in writing and shall be either personally delivered, sent by facsimile transmission, or sent by first-class mail, postage prepaid, and addressed as follows:

CITY OF PORTERVILLE:

City Clerk of the City of Porterville
291 N. Main Street
Porterville, CA 93257
Phone: 559-782-7447
Fax: 559-782-7452
CITY OF LINDSAY:

City Clerk of the City of Lindsay
251 East Honolulu Street
Lindsay, CA 93247
Phone: 559-562-7103
Fax: 559-562-7100
Notice personally delivered is effective when delivered. Notice sent by facsimile transmission shall be deemed received upon successful transmission. Notice sent by first class mail shall be deemed received on the fifth day after mailing. Any Party may change the above address, phone number, or fax number by giving written notice pursuant to this paragraph.

16.No part of this Agreement may be assigned by any of the Parties without the prior written consent of the other Party(ies).

17.Termination.
a. The right to terminate this Agreement under this provision may be exercised without prejudice to any other right or remedy to which the terminating Party may be entitled to by law or under this Agreement.
1) This Agreement may be terminated by any Party should another Party:
a) be adjudged bankrupt;
b) become insolvent or have a receiver appointed;
c) make a general assignment for the benefit of creditors; d) suffer any judgment which remains unsatisfied for 30 days and which would substantively impair the ability
of the judgment debtor to perform under this
Agreement; or
e) materially breach this Agreement.
2) For any occurrences except item e), termination may be effected upon written notice by the terminating Party
specifying the date of termination.
3) Upon a material breach, the Agreement may be terminated following the failure of the defaulting Party to remedy the breach to the satisfaction of the non-defaulting Party(ies) within five (5) days of written notice specifying the breach. If the breach is not remedied within the five (5) day period, the non-defaulting Party may terminate the Agreement on further written notice specifying the date of termination.
4) If the nature of the breach is such that it cannot be cured within a five (5) day period, the defaulting Party may submit a written proposal within that period which sets forth a specific means to resolve the default. If the non-defaulting parties consent to that proposal in writing, which consent shall not be
unreasonably withheld, the defaulting Party shall immediately embark on its plan to cure. If the default is not cured within the time agreed, the non-defaulting Party(ies) may terminate upon written notice specifying the date of termination. b. Effects of Termination. Termination of this Agreement shall not terminate any obligations to indemnify, to maintain and make available any records pertaining to the Agreement, to cooperate with any audit, to be subject to offset, or to make any reports or pretermination contract activities.

18.This Agreement represents the entire Agreement between the Parties as to its subject matter and no prior oral or written understanding shall be of any force or effect. No part of this Agreement may be modified without the written consent of all Parties.

19.This Agreement reflects the contributions of all Parties and accordingly the provisions of Civil Code Section 1654 shall not apply to address and interpret any uncertainty.

20.Unless specifically set forth, the Parties to this Agreement do not intend to provide any other party with any benefit or enforceable legal or equitable right or remedy.

21.The failure of any Party to insist on strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for the breach or any subsequent breach. The acceptance by any Party of either performance or payment shall not be considered to be a waiver of any preceding breach of the Agreement by any other Party.

22.This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any court or other legal authority, or is agreed by the Parties, to be in conflict with any code or regulation governing its subject, the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of the Agreement to either Party is lost, the Agreement may be terminated at the option of the affected Party.

23.Each Party agrees to execute any additional documents and to perform any further acts that may be reasonably required to effect the purposes of this Agreement.

24.It is expected that this agreement will continue into coming years. In June of each year of the agreement, the Porterville Chief of Police and the Lindsay City Manager, or their designees, shall convene a meeting to discuss the agreement. If the agreement is continued, the Porterville Chief of Police shall provide the new cost (if applicable), and the new agreement will indicate the amount of funding each party shall be responsible for.

THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below.

CITY OF PORTERVILLE:
________________________________________ _____________________ Jake Castellow, Chief of Police Date
CITY OF LINDSAY:
________________________________________ _____________________ Richard Carrillo, Public Safety Director Date

FIREARMS RANGE RULES AND

REGULATIONS
The following safety regulations are designed to ensure the safety of all personnel in this department, as well as any other department, using the firearms training facility. The rules will be posted in a conspicuous location and shall be strictly enforced. The Range Master is responsible for the safe operation of the facility and he/she may take appropriate and necessary action to safeguard all persons using the facility or to ensure public safety. Failure to obey any of these regulations may result in disciplinary action and/or being ordered to leave the firearms facility by the Range Master or designated firearms instructor. The Range Master will take immediate action to address rules violations and, at his/her discretion, depending on the seriousness of the violation, report the violation to the Training Unit Supervisor.

These rules apply to the Porterville Police Department personnel, as well as any other person or agency using the firearms range facility.

1. No personnel will enter the Range Master’s office without prior approval of the Range Master or firearms instructor.

2. Only authorized personnel will enter the storage area (seatrain).

3. No alcoholic beverages are permitted at the firearms training facility.

4. All firearms at the firearms training facility are subject to a safety inspection by the Range Master or firearms instructor at any time.

5. Only approved ammunition will be used at the firearms training facility. All ammunition is subject to inspection by the Range Master or firearms instructor at any time.

6. The loading and unloading of firearms will take place only in designated areas of the firearms facility.

7. All range activities will be coordinated through the Training Unit Supervisor or, if designated by the Training Unit Supervisor, the Range Master.

8. All injuries will be promptly reported to the Range Master or firearms instructor.

9. Shooting will only be at targets approved by the Range Master or firearms instructor.

10. When on the firing line, unholstered firearms shall be pointed downrange at all times.

11. Ear and eye protection are required at all times by all persons while on the range when any person is actively engaged in discharging a firearm.

12. During range qualification or firearms training, firing will only commence on the command of the Range Master or firearms instructor.

13. All firing will stop immediately if the Range Master or firearms instructor determines there is a safely issue. This will be done by yelling, “Cease fire!”

14. Firearms will not be left unattended, except unloaded firearms in designated areas.

15. Horseplay or unsafe handling of firearms will not be tolerated.

16. Persons not abiding by all of the above rules will leave the firearms training facility upon the request of the Range Master or firearms instructor.

Item No. 12.

CITY COUNCIL AGENDA – JUNE 20, 2022
SUBJECT: Adoption of a Resolution Approving the Draft Memorandum of Understanding (MOU) between the City of Porterville and Tulare County Regional Transit Agency (TCRTA) for Public Transportation Services
SOURCE: Public Works
COMMENT: On August 11, 2020, the County of Tulare and the Cities of Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare, and Woodlake entered into a Joint Powers Agreement. The purpose of the Agreement is to empower the Parties to exercise their common powers by the formation and operation of a Joint Powers Agency, “Tulare County Regional Transit Agency” (TCRTA). The General Provisions of the Agreement authorize the Tulare County Regional Transit Agency with full power and authority to own, operate, and administer the public transportation system within the jurisdictions of the member agencies.

In accordance with the Joint Powers Agreement and in collaboration with the City of Porterville, staff has drafted the attached Memorandum of Understanding (MOU) for Public Transportation Services. The draft MOU stipulates that the City of Porterville wishes to assign such responsibility to own, operate, and administer a public transportation system to TCRTA; and TCRTA wishes to assume such responsibility.

The MOU outlines the following responsibilities:

TCRTA assumes full responsibility for administering Public Transportation Services on behalf of the City of Porterville;

1. City of Porterville will lease, per the terms of the Transit Facility Lease Agreement, to TCRTA the use of the City of Porterville’s Transit Center (Appendix B);

2. City of Porterville will lease, per the terms of the Transit Vehicles Lease Agreement, to TCRTA the use of the City’s transit vehicles until the vehicle title’s have been transferred to TCRTA (Appendix C);

3. City of Porterville will coordinate the listed resources to maximize accessibility and availability of transportation services (Appendix D);

4. City of Porterville will transfer to TCRTA the listed assets (Appendix E);

5. City of Porterville will transfer rider facilities assets to TCRTA (Appendix F);

6. City of Porterville will transfer transit furniture and equipment to TCRTA (Appendix G);

7. City of Porterville will provide TCRTA with various services including, Item No. 12.
but not limited to, vehicle maintenance and fuel, landscape maintenance, general facility maintenance, and administrative support, as needed, and TCRTA will reimburse the City of Porterville.

In exchange for these services, the City of Porterville will transfer all transitspecific Transportation Development Act (TDA) and available Federal Transit Administration (FTA) funds necessary to operate the Tulare County Area Transit service. TDA funds not used to operate the Tulare County Area transit service will be transferred to the City of Porterville.

RECOMMENDATION: That City Council:

1. Adopt the draft Resolution approving the Memorandum of Understanding between the City of Porterville and Tulare County Regional Transit Agency (TCRTA) for Public
Transportation Services; and

2. Authorize the City Manager or designee to negotiate and approve technical changes to the Memorandum of
Understanding as needed.

ATTACHMENTS: 1. Draft Resolution

2. Draft Memorandum of Understanding
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
RESOLUTION NO. ____-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN THE TULARE COUNTY REGIONAL TRANSIT AGENCY

AND THE CITY OF PORTERVILLE
WHEREAS, commencing on August 11, 2020, the County of Tulare and the Cities of Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare, and Woodlake entered into a Joint Powers Agreement to exercise their common powers by the formation and operation of a Joint Power Agency, “Tulare County Regional Transit Agency” (TCRTA), and authorize TCRTA with full power and authority to own, operate, and administer the public transportation system with the jurisdictions of the member agencies; and
WHEREAS, the City of Porterville wishes to assign such responsibility to own, operate, and administer a public transportation system to TCRTA; and WHEREAS, the TCRTA wishes to assume such responsibility to own, operate, and administer a public transportation system for the City of Porterville in accordance with the Memorandum of Understanding (MOU); and
WHEREAS, the Memorandum of Understanding between the TCRTA and the City of Porterville was presented to the governing body’s for determination; and WHEREAS, the Board of Directors of the Tulare County Regional Transit Agency has received the herein referred to Memorandum of Understanding and accepts said Memorandum of Understanding as the statement by the City of Porterville of those matters in which it finds itself in agreement with the administration and operation of the Porterville Transit System, which it recommends that the Board of Directors implement in an appropriate manner; NOW THEREFORE, BE IT RESOLVED: That the City Council of the City of Porterville, does hereby accepts and approves the Memorandum of Understanding between the City of Porterville and TCRTA for Public Transportation Services attached hereto as Exhibit 1, effective July 1, 2022; and
BE IT FURTHER RESOLVED: The City Manager or his designee be authorized to make and approve technical changes to the Memorandum of Understanding as necessary to implement the action.

PASSED AND ADOPTED this 20
th day of June 2022 by the City Council of The City
of Porterville.

THE FOREGOING RESOLUTION was introduced and adopted at a regular meeting of the City Council of the City of Porterville held on the 20th day of June 2022.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By
Patrice Hildreth, Chief Deputy City Clerk
1 PORTERVILLE-TCRTA TRANSIT SERVICE MOU

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF PORTERVILLE AND THE

TULARE COUNTY REGIONAL TRANSIT AGENCY

FOR PUBLIC TRANSPORTATION SERVICES
THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is dated this _____ day of June 2022 and made between the CITY OF PORTERVILLE (“CITY”) and the TULARE COUNTY REGIONAL TRANSIT AGENCY (“TCRTA”). CITY and TCRTA shall be referred to in this MOU together as Parties.

WITNESSETH
WHEREAS, The Joint Powers Agreement, dated August 11, 2020, by and among County of Tulare and the Cities of Dinuba, Exeter, Farmersville, Lindsay, Porterville, Tulare, and Woodlake (each, a “Party” or “Member Agency” and collectively the “Parties” or “Member Agencies”) hereafter called “TCRTA;” and
WHEREAS, the purpose of the formation and operation of TCRTA is to own, operate, and administer a public transportation system within the jurisdictions of and on behalf of the Member Agencies; and WHEREAS, Member Agencies will coordinate their resources in order to maximize accessibility and availability of transportation services; and
WHEREAS, TCRTA shall have all powers necessary to carry out the purpose of this Agreement; and WHEREAS, TCRTA shall work with Member Agencies to assume service agreements for services necessary for the operation of TCRTA within its service area; and WHEREAS, City wishes to assign such responsibility to own, operate, and administer a public transportation system to TCRTA; and
WHEREAS, TCRTA wishes to assume such responsibility, to own, operate, and administer a public transportation system from City in accordance with this MOU and applicable law.

NOW, THEREFORE, City and TCRTA agree as follows:

STIPULATIONS
I. TRANSIT SERVICE RESPONSIBILITIES ASSIGNED TO TCRTA BY THE CITY A. For the project (Project) covered by this MOU, City hereby assigns as of July 1, 2022, and TCRTA hereby assumes as of July 1, 2022, subject to the terms and conditions set forth in this MOU, the responsibility to own, operate, and administer City’s public transportation system. This assignment applies only to projects for which TCRTA is the recipient of federal, state, and local transit-specific funding or is the project sponsor or co-sponsor for a project requiring approval by the California Department of Transportation (Caltrans) or Federal Transit Administration (FTA). 2 PORTERVILLE-TCRTA TRANSIT SERVICE MOU
B. This assignment pertains only to the designated activities described in this Stipulation I (B).

1. The assignment includes the following:
a. Activities listed in the Joint Power Agreement identified in Appendix A; and b. Activities listed in the Transit Facility Lease Agreement identified in Appendix B; and c. Activities listed in the Transit Vehicle Lease Agreement identified in Appendix C; and d. City will coordinate the listed resources to maximize accessibility and availability of transportation services in Appendix D.

C. This MOU transfers to TCRTA all transit-specific Transportation Development Act (TDA) funds allocated to City and seeks available Federal Transit Administration (FTA) funds to partially fund local transit services on behalf of City described in Stipulation I (B) of this MOU, including any necessary approval actions. TDA funds not used to fund the local transit services, excluding any unmet transit need reasonable to meet will be transferred to City.

II. ACTIONS, CONDITIONS, OR DETERMINATIONS THAT EXCLUDE DESIGNATED

ACTIVITIES FROM ASSIGNMENT OF RESPONSIBILITIES
A. Notwithstanding any other provision of this MOU, any activity that does not satisfy the criteria for public transportation services described in Stipulation I (B) is excluded from this assignment.

B. Because TCRTA assumes responsibility for public transportation services designated in this MOU, City is no longer will be responsible for audits or reporting related to public transportation services described in Stipulation I (B).

C. To the extent that City has current or ongoing obligations under state or federal grant agreements or otherwise, City will seek approval from the relevant agency to assign those obligations to TCRTA or will continue to provide those obligations itself.

III. TRANSFER OF ASSETS – FEDERAL INTERESTS
Assets transferring from City to TCRTA shall be in accordance with the Federal Transit Administration Grant Management Requirements Circular 5010.1E:
“Any transfer of an asset that has an active federal interest (procured under an FTA Award), must be documented to demonstrate acceptance and the responsibility for continuing control of that asset over its useful life. Since FTA retains an interest in the asset, the recipient agency must document the transfer in a new Award or an Amendment. The balance of useful life should be referenced, and if the asset is rolling stock, an update to its fleet information in TrAMS and its fleet management/status plan is required. An Amendment is not required if the asset is transferred after its useful life as defined in the original Award used for the purchase of the asset, or if the Award is not active or closed. In this case, the recipient of the asset should document the transfer of the federally funded asset and attach the document to the recipient’s profile in TrAMS. If the recipient is not a current federal recipient, the FTA regional office will provide assistance.

City’s assets transferring to TCRTA are identified in Appendix E. 3 PORTERVILLE-TCRTA TRANSIT SERVICE MOU
IV. TRANSFER OF ASSETS – TRANSIT VEHICLES
City shall transfer ownership of City transit vehicles in accordance with Paragraph III above and in accordance with any grant restrictions or other obligations related to said assets. City’s transit vehicles are identified in Appendix E.

At the time of this agreement, City is working to purchase vehicles through the 5307 Grant Program.

City shall, as permitted by Section III, transfer the new vehicles to TCRTA upon receipt.

Until such time as the transfer of said transit vehicles is complete, City shall lease to TCRTA all transit vehicles in accordance with the terms specified in Appendix C.

V. TRANSFER OF ASSETS – RIDER FACILITIES
City owns signs, signposts, benches, and shelters at its bus stops (the “Rider Facilities”) throughout City as indicated in Appendix F. City hereby assigns the Rider Facilities to TCRTA. Further, City hereby grants to TCRTA a non-transferable encroachment permit for the Rider Facilities located within City right-of-way or located on City owned or leased real property. Further, City hereby assigns or otherwise transfers to TCRTA any easements, leases, licenses, or other interests in real property for all other Rider Facilities except as may otherwise be prohibited. Where assignment, transfer, or conveyance is prohibited, TCRTA shall seek an easement, license, encroachment permit, or other permission for said Rider Facilities.

VI. TRANSFER OF ASSETS – FURNITURE AND EQUIPMENT
City owns various equipment and furniture related to the administration and operation of City’s transit system, including that which is located at the Porterville Transit Center. City shall transfer to TCRTA ownership of that equipment and furniture listed in Appendix G.

VII. ANNUAL REPORT
After the final close of each fiscal year for TCRTA, TCRTA will provide an Annual Report to City.

The purpose of the Annual Report is to evaluate the performance and to calculate an annual contribution from each Party for the Project, as well as to facilitate City’s TDA claims for the next fiscal year.

TCRTA will provide answers and additional data, as reasonably necessary in response to questions from City regarding the Annual Report. TCRTA will respond to questions and request for clarifications up to sixty days after the release of the Annual Report.

The Annual Report shall clearly and accurately present the following, in sufficient detail for all PARTIES to understand the figures:

1. Audited financials from the prior fiscal year including actual total operating costs, actual operating and capital expenditures, actual direct and indirect costs, fares, revenues, capital reserve balances, net operating costs, and infrastructure costs specific to operate the Project. In addition, the Annual Report will include operating data from the prior year. The Annual Report shall also include a 4 PORTERVILLE-TCRTA TRANSIT SERVICE MOU
comparison of the financial and operating data from the prior fiscal year to the two prior fiscal years.

2. Balance for the Project and per Party.

3. Monthly and annual operating data necessary to evaluate the operating performance measures established in this MOU, and any other data that is readily available to evaluate the effectiveness of the service.

4. Audited deferred revenue balances, and a comparison of budget and audited actual operating costs.

5. Vehicle status report that includes the following for each vehicle for the Project: date of manufacture, date placed into Project service, expected service life years, extended life years, planned date of replacement, life miles, vehicle age, mileage from previous (reporting) year, length of bus, fuel type used, and status (i.e., spare, active, contingency, to be decommissioned).

6. Annual projection to operate Project for the next fiscal year.

7. Total and equal share of the operating deficit from the prior year, total and equal contribution from Parties, and the related variances.

The Annual Report will also report the impact of operating deficit to the capital reserve to cover the operating costs. Operating deficit is when the net operating costs exceed the annual operating contribution from the prior year. Capital contributions for vehicle replacements and infrastructure are held in reserve for future vehicle purchases and infrastructure needs to operate the Project.

TCRTA will prepare an annual projection for the next fiscal year and will provide to the Parties as part of the Annual Report. The annual projection will include the following for the next year and an additional two years: operating costs, fare revenues, other revenues, vehicle replacement and infrastructure costs required to operate the Project, capital and operating reserves, and projected operating performance. The annual projected net operating costs will be equally divided to each Party as their contribution.

In the event TCRTA does not provide a complete Annual Report by February 1st every year, the Parties contributions will be limited to the amount approved by the Working Group, as described in Section VIII below, for the prior year until such time as the Annual Report is complete, the Parties’ questions are answered with sufficient supporting data, and the Working Group has discussed and voted upon contributions for the next year.

In the event that the Project incurred operating and/or capital deficits, the Parties will receive a detailed explanation and accounting within the Annual Report of such deficits from the prior fiscal year to reimburse the Project. Reserves will first be used to cover deficits from the prior fiscal year. The Annual Projection will include additional funds to cover future deficit plus the prior year deficit.

Prior year audited actuals will be used to set the baseline for the annual projection for the next fiscal year. The Parties agree to commit their contribution and direct annual payments to TCRTA to cover operating and capital expenditures up to 5% above the amount approved by the Working Group for the prior year, subject to approval of the Parties’ respective governing bodies. Annual projection in excess of 5% will be reviewed, discussed, and subject to vote by the Working Group. In the event all Parties do not agree to increase the equal annual contribution more than 5%, then such annual contribution shall be limited to a maximum 5% increase as described above, and the Working Group will vote and decide upon reductions to capital expenditures or service (operating expenditures), or to 5 PORTERVILLE-TCRTA TRANSIT SERVICE MOU
use reserves to balance the projection with the agreed contributions. In event that the Working Group has not acted on the reductions to capital expenditures or operating expenditures within six months of the Annual Projection, TCRTA will reduce expenditures equal to the deficit that is in excess of the 5% increase limit.

VIII. WORKING GROUP
A Working Group will be established consisting of staff representative of the following agencies:
 City of Porterville
 Tulare County Regional Transit Agency (TCRTA)
 Tulare County Association of Governments (TCAG)
The Working Group may take any action by a vote of two (2) affirmative votes, with each agency receiving one vote, provided such action is consistent with the terms of this MOU.

The Working Group will assist in the development, modification, and evaluation of detailed service plans, routes, schedules, fares, budgets, costs and schedules of capital expenditures, performance measures, and other service details. TCRTA will inform the Working Group of awards of service contracts and extensions to existing service contracts within sixty (60) days after execution. The Working Group will meet a minimum of once a quarter to discuss the performance, decide upon modifications to the Project within the Working Group’s approval authority, and make recommendations regarding other aspects of the Project.

The Working Group will convene annually by June 1st to provide an estimated budget to the City and a projection of the use of funds.

IX. OPERATING PERFORMANCE MEASURES
The Working Group shall establish operating performance measures and their benchmarks to evaluate the effectiveness of the service. The operating performance measures are listed as follows:
 Farebox Recovery Ratio (In accordance with the established Ratio as determined by the Tulare County Association of Governments acting as the Metropolitan Planning Organization)  Operating Cost per Passenger
 Operating Cost per Vehicle Service Hour
 Passengers per Vehicle Service Hour
 Passengers per Vehicle Service Mile
 Passengers per Trip
 Net Operating and Capital Costs of Project per each Party

1. Modifications to the Operating Performance Measures may be made by the Working Group.

2. Operating Performance Measures and their benchmarks will be included in the Annual Report. 6 PORTERVILLE-TCRTA TRANSIT SERVICE MOU
As required by the Federal Transit Administration, TCRTA, as the administrator of the service will collect and report financial (operating expenses) and non-financial (e.g., ridership and vehicle service miles) data to the National Transit Database. TCRTA will track data for the Project separately.

In the event it becomes necessary to make any changes to the Project before the Annual Report is ready with mutual agreement, then TCRTA will schedule meetings and provide necessary data to evaluate service and make changes.

X. FEDERAL AND STATE REPORTING
TCRTA shall be responsible for collecting and reporting specific data to meet federal and state reporting requirements. Operational data will primarily be used to meet National Transit Database (NTD) reporting requirements.

TCRTA shall also be responsible for collecting Contractor monthly and annual reports in complying with the FTA Alcohol and Drug Testing regulations, Safety and Security regulations, Disadvantaged Business Enterprise (DBE), and other relevant transit regulations.

XI. MARKETING
Marketing activities, promotional materials, printed schedules, etc. will be developed by TCRTA.

Marketing costs are included in the anticipated annual operating cost of the Project. All Parties to this MOU will work cooperatively to develop marketing strategies that maximize ridership and effectiveness of the service(s). The service will be promoted by all Parties. All Parties will post the service schedule and other information on their websites.

XII. RECORDS, AUDIT, AND REVIEW
TCRTA shall keep such business records pursuant to this MOU as would be kept by a reasonably prudent transit operator, and where necessary shall require Contractor to keep such records and shall maintain or require the maintenance of such records for at least five (5) years following the termination of this MOU. Such records shall include documents necessary to show compliance with “Operating Performance Measures.” All accounting records shall be kept in accordance with generally accepted account principles. Any Party shall have the right to audit and review all such documents and records at any time during TCRTA’s regular business hours upon reasonable notice.

XIII. TERM
This MOU shall continue in effect until superseded by a new agreement or cancelled by either party in accordance with the MOU.

XIV. MOU AMENDMENTS
This MOU may be amended by the written agreement of both Parties. Amendments must be approved by both TCRTA and City.
7 PORTERVILLE-TCRTA TRANSIT SERVICE MOU
XV. MOU TERMINATION
Either party, upon ninety (90) days’ advance written notice to the other party, may withdraw its participation in this MOU.

Upon termination of the MOU, Parties shall negotiate the transfer of assets from TCRTA to City, including those assets transferred by this Agreement or reasonable replacements, therefore.

XVI. INTEGRATION
This Agreement represents the entire and integrated Agreement between the Parties and supersedes all other negotiations, representations, and/or agreements, either oral or in writing, between the Parties hereto with respect to the subject matter hereof, and no other agreement, statement or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.

XVII. CALIFORNIA LAW TO APPLY
This Agreement shall be construed under and in accordance with the laws of the State of California.

All obligations created under this Agreement are performable in California.

XVIII. JURISDICTION
Jurisdiction and venue of all lawsuits over the terms of this Agreement shall be in the superior court of Tulare County, State of California.

XIX. WARRANTY OF AUTHORITY
Each person signing this Agreement on behalf of a Party warrants that he or she has authority to do so.

XX. WAIVERS
The waiver by any Party to this Agreement of any term, covenant, or condition of this Agreement or of any provision, ordinance, or law, shall not be deemed to be a continuing waiver of such term, covenant, condition, or law, or of any subsequent breach or violation of the same, or of any other term, covenant, and ordinance of law. Failure to enforce with respect to a default shall not be construed as a waiver.

XXI. SEVERABILITY
The provisions of this Agreement are severable. If any part of this Agreement is held invalid by a court of competent jurisdiction, then the remainder of the Agreement shall remain in full force and effect unless amended or modified by mutual written consent of the Parties.

XXII. INDEMNIFICATION
City agrees to indemnify and hold harmless TCRTA, its employees, or agents from and against any damages including costs and attorney’s fees arising out of negligent or intentional acts or omissions of City, its employees or agents.
8 PORTERVILLE-TCRTA TRANSIT SERVICE MOU
TCRTA agrees to indemnify and hold harmless City, its employees, or agents from and against any damages including costs and attorney's fees arising out of negligent or intentional acts or omissions of TCRTA, its employees or agents.

This indemnification shall extend to claims, losses, damages, injury, and liability for injuries arising out of the performance of this MOU. This indemnification clause shall apply to all damages or claims for damages suffered by TCRTA’s operations regardless of if any insurance is applicable or not.

XXIII. POINTS OF CONTACT
All notices referenced in this Agreement shall be in writing and shall be given by first class mail addressed as follows, or at such other address or to such person the Parties may from time to time designate in writing:

City of Porterville
Public Works Director
555 N. Prospect St.

Porterville, CA 93257
Tulare County Regional Transit Agency
Executive Director
210 N. Church St., Suite B
Visalia, CA 93291
XXIV. ADMINISTRATIVE SUPPORT
City agrees to provide personnel, materials, forms, transportation, and provide facilities within the City to assist TCRTA, under the direction of the TCRTA Executive Director, with planning, environmental review, engineering services, telecommunications, and construction and maintenance services. and other and further purposes as may be necessary.

TCRTA agrees to provide personnel, materials, forms, transportation, and provide facilities within the TCRTA facilities to assist City, under the direction of the Public Works Director, with transit grant administration, transit planning, and such other and further purposes as may be necessary.

All work to be performed under this section shall be done by mutual agreement between the TCRTA Executive Director and the Public Works Director.

TCRTA and City agree to reimburse the other Party for work done by the other Party for salaries including overhead and fringe benefits, materials, and expenses. Overhead for staff shall be reimbursed subject to an approved Indirect Cost Allocation Plan as approved by the Independent Office of Audits and Investigations (IOAI) from the Caltrans Inspector General or as determined through another method and agreed to by both parties.

XXV. EMERGENCY PLANNING AND RESPONSE
TCRTA agrees to work with City on the provision of transit services as necessary in emergency planning and response. Emergency Response may include, but is not limited to, facilitating 9 PORTERVILLE-TCRTA TRANSIT SERVICE MOU
evacuations with buses and drivers, providing logistical support for evacuees or response operations, providing transportation for damage assessments (known as “windshield surveys”), and other activities to support emergency response. Further, TCRTA agrees to participate in relevant emergency planning and training exercises by City.

Emergency Response services provided for declared emergencies may be reimbursed at a rate to be determined by mutual agreement between the parties. Some reimbursement will be contingent upon proper documentation of time, equipment and material use by TCRTA, in accordance with Federal, State and or/other grantor guidelines.

TCRTA and City may also enter into one or more additional future agreements to further effect this section.

XXVI. MANUAL OR ELECTRONIC SIGNATURES
The Parties may sign this Services Agreement by means of manual or electronic signatures. The Parties agree that the electronic signature of a Party, whether digital or encrypted, is intended to authenticate this Services Agreement and to have the same force and effect as a manual signature. For purposes of this Services Agreement, the term “electronic signature” means any electronic sound, symbol, or process attached to or logically associated with this Services Agreement and executed and adopted by a Party with the intent to sign this Services Agreement, including facsimile, portable document format, or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal.

Civ. Code §§ 1633.1 to 1633.17), as it may be amended from time to time. [THIS SPACE LEFT BLANK INTENTIONALLY; SIGNATURES FOLLOW ON NEXT PAGE] 10 PORTERVILLE-TCRTA TRANSIT SERVICE MOU
XXVII. COUNTERPART SIGNATURES
THE PARTIES agree that this Agreement may be signed in counterparts and shall become effective when fully executed by all PARTIES.

CITY OF PORTERVILLE TULARE COUNTY

REGIONAL TRANSIT AGENCY
_____________________________ _____________________________ Mayor Chair
_____________________________ _____________________________ Date Date
ATTEST: ATTEST:

By: ___________________________ By: ___________________________ Clerk Executive Director
Approved as to Form: Approved as to Form:

By: __________________________ By: __________________________ City Attorney County Counsel
Appendix A – JPA AGREEMENT
Appendix A – JPA AGREEMENT
Appendix A – JPA AGREEMENT
Appendix A – JPA AGREEMENT
Appendix A – JPA AGREEMENT
Appendix A – JPA AGREEMENT
Appendix A – JPA AGREEMENT
Appendix A – JPA AGREEMENT
Appendix A – JPA AGREEMENT
Appendix A – JPA AGREEMENT
Appendix A – JPA AGREEMENT
Appendix A – JPA AGREEMENT
Appendix A – JPA AGREEMENT
Appendix A – JPA AGREEMENT
Appendix A – JPA AGREEMENT
Appendix A – JPA AGREEMENT
Appendix A – JPA AGREEMENT
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Appendix A – JPA AGREEMENT
Appendix A – JPA AGREEMENT
Appendix A – JPA AGREEMENT
Appendix B – TRANSIT FACILITY AGREEMENT

TRANSIT FACILITY LEASE AGEEMENT

BETWEEN THE CITY OF PORTERVILLE, TULARE COUNTY REGIONAL

TRANSIT AGENCY, AND TRANSDEV SERVICES, INC
THIS TRANSIT FACILITY LEASE AGREEMENT (“LEASE”) is effective as of July 1, 2022, by and between the CITY OF PORTERVILLE referred to as City, and TULARE COUNTY REGIONAL TRANSIT AGENCY, hereinafter referred to as TCRTA, and TRANSDEV SERVICES, INC., hereinafter “third-party contractor” (collectively, the “parties”).

RECITALS
A. This lease is effected by virtue of City’s public transportation services Memorandum of Understanding (MOU) between TCRTA; and
B. City will retain continuing control of transit facility purchased for use by TCRTA if FTA or CALTRANS grant funds are used to procure facility; and
C. TCRTA will either select a third-party contractor(s), or already has an agreement with a thirdparty contractor(s), to operate the Porterville Transit Center and use the space located at 61 W.

Oak Avenue, Porterville, CA 93257; and
D. TCRTA and/or its third-party contractor(s) agrees to operate the transit facility in accordance with this Lease and accepts responsibilities associated with that operation via this Lease Agreement; and
E. TCRTA agrees that a default under this Lease is a default under the Agreement with CITY and vice versa.

I. CONDITIONS
This Agreement is one of leasing only, and TCRTA shall not acquire any right, title or interest to the transit facility leased other than that of TCRTA. TCRTA acknowledges that the City owns (subject to any FTA or CALTRANS liens) the transit facility subject to this Agreement. Nothing herein shall affect City’s absolute ownership of any title or interest to said facility.

TCRTA shall lease and its third-party contractor agrees to operate the transit facility in accordance with the service characteristics described in the TCRTA’s operating assistance grant agreement with the FTA or CALTRANS.

FTA or CALTRANS approval is required for incidental use of the leased transit facility, and any such use must be compatible with the original purposes of the grant. The incidental use must not in any way interfere with the City’s continuing control over the use of the transit facility or the TCRTA’s continued ability to carry out public transportation services.

Appendix B – TRANSIT FACILITY AGREEMENT
TCRTA will comply with the terms, conditions and obligations included in the grant agreement executed between the City and the FTA or CALTRANS so as not to impair the City’s relationship with the FTA or CALTRANS, nor cause City to be in default of any agreement with the FTA or CALTRANS. Any breach of this Agreement shall be considered a default by TCRTA.

TCRTA and its third-party contractor agrees that it will not use or permit the use of the leased transit facility in any negligent or improper manner, or in violation of any statute, law or ordinance, or so as to void any insurance or warranty covering the transit facility, or permit the transit facility to become subject to any lien, charge or encumbrance which may affect the City’s title to the transit facility.

TCRTA shall not mortgage, pledge, sell, or otherwise encumber or dispose of the transit facility provided under the terms and conditions of this Agreement.

Parties agree to abide by the relevant rules and regulations provided by the Federal Transit Administration (FTA), specifically the most current FTA Master Agreement. The most recent version of the FTA Master Agreement is found at the FTA’s website (http://fta.dot.gov).

TCRTA agrees to review and comply with the annual FTA Certification and Assurances signed by TCRTA, the most recent version of which can be found at FTA’s website (http://fta.dot.gov).

Parties agree to abide by the relevant rules and regulations provided by the FTA or CALTRANS, (including those of the Division of Motor Vehicles), and regulating authorities in any State or County in which the transit facility is operated under the terms and conditions of this Agreement.

II. REPRESENTATION AND WARRANTIES
In consideration of the City entering into this Agreement, TCRTA represents and warrants:

A. TCRTA is in good standing under the laws of the State of California and has the power and authority to carry on its business as now conducted; to own, lease and operate its property and assets; and to execute this Agreement and any other agreements and instruments referred to in this Agreement.

B. TCRTA and its third-party contractor has and will continue to have during the term of this Agreement, all necessary licenses, certifications, or other documents required by any federal, state or local governmental agency, which authorize or empower the services to be performed by TCRTA.

III. OWNERSHIP
The City will maintain ownership of the transit facility obtained through the grant program. The City shall have full authority to exercise its responsibilities as owner of the transit facility provided under the terms and conditions of this lease.

Appendix B – TRANSIT FACILITY AGREEMENT
IV. INSURANCE
The Parties agree that insurance levels, categories and premium payments for the transit facility shall be the responsibility of the City.

Insurance shall include such coverage as required by the grant agreement between the City and the FTA or CALTRANS, and shall meet the requirements of applicable local, state and federal laws.

TCRTA shall bear all risks of damage or loss of the transit facility, or any portion of damage or loss not covered by insurance.

V. FACILITY MAINTENANCE
The Parties agree that the City shall provide, at TCRTA’s expense, all ongoing maintenance, preventative maintenance, repair, and upkeep of the Premises, including, but not limited to, the parking areas, sidewalks, grounds, building and improvements, and equipment and fixtures attached thereto. Such responsibility shall include, without limitation, the following:

A. The structural parts of the building and other improvements in which the Premises are located;
B. Electrical, plumbing, and sewage systems;
C. Heating, ventilating, and air-conditioning systems;
D. Landscape and parking lots.

The City will be responsible for complying with all codes or laws requiring alterations, maintenance or restoration of the Premises and parking areas during the tenancy, at TCRTA’s expense, including all ADA Standards for Accessible Design requirements and codes requiring fire extinguishers or other fire covered by the City and TCRTA’s shared vendor.

VI. ENTRY ON PREMISES
The City and its authorized representatives shall have the right to enter the Premises at all reasonable times, and after reasonable notice to TCRTA.

VII. LEASE TERM
This lease shall continue in effect until cancelled by either party in accordance with the Agreement.

VIII. LEASE FEE
The lease fee shall be one dollar per year, payable annually in arrears.

IX. FEDERAL REQUIREMENTS
The Parties recognize that many federal requirements apply to real property procurements utilizing federal funds. Certain of those federal requirements will remain the responsibility of City Appendix B – TRANSIT FACILITY AGREEMENT
throughout the term of the lease of transit facility to TCRTA. Other requirements will flow through to TCRTA and its third-party contractor. The following generally summarizes those requirements and the parties responsible for compliance with them.

A. Satisfactory Continuing Control
The City shall at all times maintain control over real property, facilities, and equipment and ensure that they are used for the purpose it was acquired as long as needed, whether or not the program project continues to be supported by federal funds (FTA Circular 5010.1E). CITY exercises continuing control demonstrated by City oversight of TCRTA and its use of the federally funded property which is described in the provisions of the Agreement and this lease.

B. Drug and Alcohol Testing
TCRTA and its third-party contractor agrees to provide drug and alcohol testing of all its employees as required under Federal law. TCRTA and its third-party contractor are subject FTA’s drug and alcohol testing rules encompassed in 49 CFR Part 655, Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations.

C. Records
The City and TCRTA shall maintain full and accurate copies of records of costs expended with regard to all matters covered by this Lease. All such material and data shall be retained for five years from the date of the Vehicle’s disposition, replacement or transfer at FTA’s direction. If any litigation, claim, negotiation, audit, or other action involving the records has been initiated before the expiration of the retention period, the records must be maintained for the longer of three years after completion of the action and resolution of all issues that arise from it or the time remaining in the original retention period.

X. INDEMNIFICATION
City agrees to indemnify and hold harmless TCRTA, its employees, or agents from and against any damages including costs and attorney’s fees arising out of negligent or intentional acts or omissions of City, its employees or agents.

TCRTA agrees to indemnify and hold harmless City, its employees, or agents from and against any damages including costs and attorney's fees arising out of negligent or intentional acts or omissions of TCRTA, its employees or agents.

It is the intent of the Parties that TCRTA’s third-party contractor will indemnify and hold harmless City and TCRTA, its employees, or agents from and against any damages including costs and attorney’s fees arising out of negligent or intentional acts or omissions of TCRTA’s third-party contractor, its employees or agents.

Appendix B – TRANSIT FACILITY AGREEMENT
XI. FURTHER ASSURANCES
The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be necessary required in order to carry out the provisions of this Lease and the intentions of the parties.

XII. MANUAL OR ELECTRONIC SIGNATURES
The Parties may sign this Services Agreement by means of manual or electronic signatures. The Parties agree that the electronic signature of a Party, whether digital or encrypted, is intended to authenticate this Services Agreement and to have the same force and effect as a manual signature.

XIII. CONTERPART SIGNATURES
THE PARTIES agree that this Agreement may be signed in counterparts and shall become effective when fully executed by all PARTIES.

CITY OF PORTERVILLE TULARE COUNTY

REGIONAL TRANSIT AGENCY
_____________________________ _____________________________ Public Works Director Executive Director
Approved as to Form: Approved as to Form:

By: __________________________ By: __________________________ City Attorney County Counsel
TRANSDEV SERVICES, INC.
_____________________________

INSERT TITLE
Appendix C –TRANSIT VEHICLES LEASE AGREEMENT

TRANSIT VEHICLE LEASE AGEEMENT

BETWEEN THE CITY OF PORTERVILLE, TULARE COUNTY REGIONAL

TRANSIT AGENCY, AND TRANSDEV SERVICES, INC
THIS TRANSIT VEHICLE LEASE AGREEMENT (“LEASE”) is effective as of July 1, 2022, by and between the CITY OF PORTERVILLE referred to as City, and TULARE COUNTY REGIONAL TRANSIT AGENCY, hereinafter referred to as TCRTA, and TRANSDEV SERVICES, INC., hereinafter “third-party contractor” (collectively, the “parties”).

RECITALS
F. This lease is effected by virtue of City’s public transportation services Memorandum of Understanding (MOU) between TCRTA; and
G. City will retain legal title of vehicle(s) purchased for use by TCRTA if FTA or CALTRANS grant funds are used to procure vehicle(s); and
H. TCRTA will either select a third-party contractor(s), or already has an agreement with a thirdparty contractor(s), to operate the vehicle(s) described in Appendix E of the MOU and in accordance with this Lease; and
I. TCRTA and/or its third-party contractor(s) agrees to operate vehicle(s) in accordance with this Lease and accepts responsibilities associated with that operation via this Lease Agreement; and
J. TCRTA agrees that a default under this Lease is a default under the Agreement with CITY and vice versa.

XIV. CONDITIONS
This Agreement is one of leasing only, and TCRTA shall not acquire any right, title or interest to vehicle(s) leased other than that of TCRTA. TCRTA acknowledges that the City owns (subject to any FTA or CALTRANS liens) the vehicle(s) subject to this Agreement. Nothing herein shall affect City’s absolute ownership of any title or interest to said vehicle(s).

TCRTA shall lease and its third-party contractor agrees to operate the vehicle(s) in accordance with the service characteristics described in the TCRTA’s operating assistance grant agreement with the FTA or CALTRANS.

FTA or CALTRANS approval is required for incidental use of the leased vehicle(s), and any such use must be compatible with the original purposes of the grant. The incidental use must not in any way interfere with the City’s continuing control over the use of the vehicle(s) or the TCRTA’s continued ability to carry out public transit services.

Appendix C –TRANSIT VEHICLES LEASE AGREEMENT
TCRTA will comply with the terms, conditions and obligations included in the grant agreement executed between the City and the FTA or CALTRANS so as not to impair the City’s relationship with the FTA or CALTRANS, nor cause City to be in default of any agreement with the FTA or CALTRANS. Any breach of this Agreement shall be considered a default by TCRTA.

TCRTA and its third-party contractor agrees that it will not use or permit the use of the leased vehicle(s) in any negligent or improper manner, or in violation of any statute, law or ordinance, or so as to void any insurance or warranty covering the vehicle(s), or permit any vehicle(s) to become subject to any lien, charge or encumbrance which may affect the City’s title to the vehicle(s).

TCRTA shall not mortgage, pledge, sell, or otherwise encumber or dispose of the vehicle(s) provided under the terms and conditions of this Agreement.

TCRTA agrees to review and comply with the annual FTA Certification and Assurances signed by TCRTA, the most recent version of which can be found at FTA’s website (http://fta.dot.gov).

Parties agree to abide by the relevant rules and regulations provided by the FTA or CALTRANS, (including those of the Division of Motor Vehicles), and regulating authorities in any State or County in which the vehicle(s) are operated under the terms and conditions of this Agreement.

XV. REPRESENTATION AND WARRANTIES
In consideration of the City entering into this Agreement, TCRTA represents and warrants:

C. TCRTA is in good standing under the laws of the State of California and has the power and authority to carry on its business as now conducted; to own, lease and operate its property and assets; and to execute this Agreement and any other agreements and instruments referred to in this Agreement.

D. TCRTA and its third-party contractor has and will continue to have during the term of this Agreement, all necessary licenses, certifications, or other documents required by any federal, state or local governmental agency, which authorize or empower the services to be performed by TCRTA.

XVI. REGISTRATION
The leased vehicle(s) shall bear the proper license plate(s) in accordance with the governing grant.

The title to such vehicle(s) is to be registered in the name of the City, subject to the lien rights of the FTA or CALTRANS. All annual registration, license fees, and safety inspection costs shall be paid by the City.

The City will maintain ownership of the vehicle(s) obtained through the grant program. The City shall have full authority to exercise its responsibilities as owner of the vehicle(s) provided under the terms and conditions of this lease.

Appendix C –TRANSIT VEHICLES LEASE AGREEMENT
XVII. INSURANCE
The Parties agree that insurance levels, categories and premium payments for all leased vehicles shall be the responsibility of the City.

Insurance shall include such coverage as required by the grant agreement between the City and the FTA or CALTRANS, and shall meet the requirements of applicable local, state and federal laws.

TCRTA shall bear all risks of damage or loss of the leased vehicle(s), or any portion of damage or loss not covered by insurance.

XVIII. VEHICLE MAINTENANCE
The Parties agree that the City shall, at all times and at TCRTA’s expense, maintain the leased vehicle(s) in working order and at a high level of cleanliness, safety, and mechanical soundness.

TCRTA shall take all reasonable efforts to insure against theft and vandalism. TCRTA agrees to return each leased vehicle in the condition in which it was received, except for reasonable wear and tear.

The City agrees to adhere to all provisions of the TCRTA’s vehicle maintenance plan on file with the FTA or CALTRANS, and to any changes or addendums made to the plan.

The City shall be responsible for scheduling, completing and documenting all preventative maintenance. All such maintenance shall be consistent with manufacturer specifications, TCRTA’s vehicle maintenance plan, and FTA or CALTRANS guidelines. The City shall be responsible for ensuring the completion of all necessary repairs.

XIX. VEHICLE OPERATION
TCRTA and its third-party contractor shall ensure that only properly trained and licensed drivers operate the leased vehicle(s). TCRTA shall provide the City with the names of all individuals whom it authorizes to operate the vehicle(s), and shall provide the name of each before said individual may operate the vehicle(s).

The leased vehicle(s) shall not be used in violation of any federal, state or municipal statutes, laws, ordinances, rules or regulations. TCRTA and its third-party contractor shall not use any leased vehicle, nor allow any such vehicle to be used, for any unlawful purpose or for the transportation of any property or material deemed hazardous. Respirators, concentrators, or portable oxygen used by individuals are not considered hazardous materials.

TCRTA and its third-party contractor shall operate the leased vehicle(s) only on designated roads, and shall not subject the vehicle(s) to use under such road conditions as may result in damage to the vehicle(s).

Appendix C –TRANSIT VEHICLES LEASE AGREEMENT
XX. LEASE TERM
This lease shall continue in effect until:

A. The City transfers the vehicles to TCRTA; and
B. TCRTA is responsible for insuring the vehicles; or
C. Cancelled by either party in accordance with the Agreement.

XXI. LEASE FEE
The lease fee shall be one dollar per year, payable annually in arrears.

XXII. FEDERAL REQUIREMENTS
The Parties recognize that many federal requirements apply to rolling stock procurements utilizing federal funds. Certain of those federal requirements will remain the responsibility of City throughout the term of the lease of vehicles to TCRTA. Other requirements will flow through to TCRTA and its third-party contractor. The following generally summarizes those requirements and the parties responsible for compliance with them.

D. Satisfactory Continuing Control
The City shall at all times maintain control over real property, facilities, and equipment and ensure that they are used for the purpose it was acquired as long as needed, whether or not the program project continues to be supported by federal funds (FTA Circular 5010.1E). CITY exercises continuing control demonstrated by City oversight of TCRTA and its use of the federally funded property which is described in the provisions of the Agreement and this lease.

E. Drug and Alcohol Testing
TCRTA and its third-party contractor agrees to provide drug and alcohol testing of all its employees as required under Federal law. TCRTA and its third-party contractor are subject FTA’s drug and alcohol testing rules encompassed in 49 CFR Part 655, Prevention of Alcohol Misuse and Prohibited Drug Use in Transit Operations.

F. Records
The City and TCRTA shall maintain full and accurate copies of records of costs expended with regard to all matters covered by this Lease. All such material and data shall be retained for five years from the date of the Vehicle’s disposition, replacement or transfer at FTA’s direction. If any litigation, claim, negotiation, audit, or other action involving the records has been initiated before the expiration of the retention period, the records must be maintained for the longer of three years after completion of the action and resolution of all issues that arise from it or the time remaining in the original retention period.

Appendix C –TRANSIT VEHICLES LEASE AGREEMENT
XXIII. INDEMNIFICATION
City agrees to indemnify and hold harmless TCRTA, its employees, or agents from and against any damages including costs and attorney’s fees arising out of negligent or intentional acts or omissions of City, its employees or agents.

XXIV. FURTHER ASSURANCES
The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be necessary required in order to carry out the provisions of this Lease and the intentions of the parties.

XXV. MANUAL OR ELECTRONIC SIGNATURES
The Parties may sign this Services Agreement by means of manual or electronic signatures. The Parties agree that the electronic signature of a Party, whether digital or encrypted, is intended to authenticate this Services Agreement and to have the same force and effect as a manual signature.

For purposes of this Services Agreement, the term “electronic signature” means any electronic sound, symbol, or process attached to or logically associated with this Services Agreement and executed and adopted by a Party with the intent to sign this Services Agreement, including facsimile, portable document format, or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17), as it may be amended from time to time.
[THIS SPACE LEFT BLANK INTENTIONALLY; SIGNATURES FOLLOW ON NEXT PAGE] Appendix C –TRANSIT VEHICLES LEASE AGREEMENT
XXVI. CONTERPART SIGNATURES
THE PARTIES agree that this Agreement may be signed in counterparts and shall become effective when fully executed by all PARTIES.

CITY OF PORTERVILLE TULARE COUNTY

REGIONAL TRANSIT AGENCY
_____________________________ _____________________________ Public Works Director Executive Director
Approved as to Form: Approved as to Form:

By: __________________________ By: __________________________ City Attorney County Counsel
TRANSDEV SERVICES, INC.
_____________________________

INSERT TITLE
Appendix D – COORDINATED RESOURCES
Vehicles listed in the shaded area are to be used for coordinated services.

JPA Name Vehicle # Type Year Make Model VIN Seating Actual Cash Value Replacement Cost Valuation Type Usage Coverage Type Deductible Physical Damage Coverage Miles Status Added Date CalTIP City of Porterville 8103 Van 2019 BRAUN ENTERVAN 2C7WDGBG4KR799374 5 $ 44,290 $ 50,617 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 1453 Revenue 05/21/2020 CalTIP City of Porterville 8104 Van 2019 BRAUN ENTERVAN 2C7WDGBG5KR799397 5 $ 44,290 $ 50,617 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 1500 Revenue 05/21/2020 CalTIP City of Porterville 8105 Van 2019 BRAUN ENTERVAN 2C7WDGBG7KR799398 5 $ 44,290 $ 50,617 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 1500 Revenue 05/21/2020 CalTIP City of Porterville 8106 Van 2019 BRAUN ENTERVAN 2C7WDGBG4KR801012 5 $ 44,290 $ 50,617 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 1500 Revenue 05/21/2020 CalTIP City of Porterville 8107 Van 2019 BRAUN ENTERVAN 2C7WDGBG2KR801042 5 $ 44,290 $ 50,617 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 1500 Revenue 05/21/2020 CalTIP City of Porterville 8108 Van 2019 BRAUN ENTERVAN 2C7WDGBG6KR801044 5 $ 44,290 $ 50,617 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 1500 Revenue 05/21/2020 CalTIP City of Porterville 8109 Van 2019 BRAUN ENTERVAN 2C7WDGBG2KR801056 5 $ 44,290 $ 50,617 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 1500 Revenue 05/21/2020 CalTIP City of Porterville 8110 Van 2019 BRAUN ENTERVAN 2C7WDGBG3KR801065 5 $ 44,290 $ 50,617 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 1500 Revenue 05/21/2020 CalTIP City of Porterville 8111 Van 2019 BRAUN ENTERVAN 2C7WDGBG6KR801139 5 $ 44,290 $ 50,617 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 1500 Revenue 05/21/2020 CalTIP City of Porterville 8112 Bus 2020 Ford Transit 1FBVU4X84LKA46151 9 $ 174,000 $ 174,000 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 500 Revenue 12/03/2020 CalTIP City of Porterville 8113 Bus 2020 Ford Transit 1FBVU4X86LKA46152 9 $ 174,000 $ 174,000 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 500 Revenue 12/03/2020 CalTIP City of Porterville 8114 Bus 2020 Ford Transit 1FBVU4X89LKB07610 9 $ 174,000 $ 174,000 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 500 Revenue 12/03/2020 CalTIP City of Porterville 8115 Bus 2020 Ford Transit 1FBVU4X80LKB07611 9 $ 174,000 $ 174,000 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 500 Revenue 12/03/2020 CalTIP City of Porterville 8116 Bus 2020 Ford Transit 1FBVU4X82LKB07612 9 $ 174,000 $ 174,000 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 500 Revenue 12/03/2020 CalTIP City of Porterville 8117 Bus 2020 Ford Transit 1FBVU4X84LKB07613 9 $ 174,000 $ 174,000 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 500 Revenue 12/03/2020 CalTIP City of Porterville 8118 Bus 2020 Ford Transit 1FBVU4X86LKB07614 9 $ 174,000 $ 174,000 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 500 Revenue 12/03/2020 CalTIP City of Porterville 8119 Bus 2020 Ford Transit 1FBVU4X82LKA63949 9 $ 174,000 $ 174,000 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 500 Revenue 12/03/2020 CalTIP City of Porterville 8120 Bus 2020 Ford Transit 1FBVU4X88LKA85065 9 $ 174,000 $ 174,000 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 500 Revenue 12/03/2020 CalTIP City of Porterville 8121 Bus 2020 Ford Transit 1FBVU4X8XLKA85066 9 $ 174,000 $ 174,000 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 500 Revenue 12/03/2020 CalTIP City of Porterville 8122 Bus 2020 Ford Transit 1FBVU4X81LKA85067 9 $ 174,000 $ 174,000 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 500 Revenue 12/03/2020 CalTIP City of Porterville 8123 Bus 2020 Ford Transit 1FBVU4X87LKA97126 9 $ 174,000 $ 174,000 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 500 Revenue 12/03/2020 CalTIP City of Porterville 8167 Van 2006 Chevrolet Uplander Amerivan 1GBDV13L66D200854 6 $ 3,500 $ 41,269 Actual Cash Value DialARide/Paratransit Yes $10,000 No 125918 Backup 06/08/2006 CalTIP City of Porterville 8168 Bus 2007 El Dorado E-Z Rider II Max 1N9MNABG68C084001 28 $ 32,878 $ 460,289 Actual Cash Value Fixed Route Yes $10,000 Yes 437385 Backup 08/17/2007 CalTIP City of Porterville 8169 Bus 2007 El Dorado EZ Rider II Max 1N9MNABGX8C084115 28 $ 32,878 $ 460,289 Actual Cash Value Fixed Route Yes $10,000 Yes 411950 Backup 01/09/2008 CalTIP City of Porterville 8170 Bus 2007 El Dorado EZ Rider II Max 1N9MNABG18C084116 28 $ 32,878 $ 460,289 Actual Cash Value Fixed Route Yes $10,000 Yes 430100 Backup 01/15/2008 CalTIP City of Porterville 8171 Bus 2007 El Dorado EZ Rider II Max 1N9MNABG38C084117 28 $ 32,878 $ 460,289 Actual Cash Value Fixed Route Yes $10,000 Yes 439520 Backup 01/15/2008 CalTIP City of Porterville 8172 Van 2007 Chevrolet Uplander Amerivan 1GBDV131X7D179989 6 $ 3,500 $ 41,513 Actual Cash Value DialARide/Paratransit Yes $10,000 No 131488 Backup 08/17/2007 CalTIP City of Porterville 8173 Van 2007 Chevrolet Uplander Amerivan 1GBDV13127D180389 6 $ 3,500 $ 41,513 Actual Cash Value DialARide/Paratransit Yes $10,000 No 156142 Backup 08/17/2007 CalTIP City of Porterville 8175 Bus 2010 El Dorado E-Z Rider II Max 1N9MNALGXAC084183 28 $ 131,511 $ 460,289 Actual Cash Value Fixed Route Yes $10,000 Yes 502077 Revenue 03/11/2010 CalTIP City of Porterville 8176 Bus 2010 El Dorado EZ Rider II MAX 1N9MNALG3AC084302 28 $ 131,511 $ 460,289 Actual Cash Value Fixed Route Yes $10,000 Yes 516042 Revenue 09/14/2010 CalTIP City of Porterville 8177 Bus 2010 El Dorado EZ Rider II MAX 1N9MNALG5AC084303 28 $ 131,511 $ 460,289 Actual Cash Value Fixed Route Yes $10,000 Yes 491714 Revenue 09/14/2010 CalTIP City of Porterville 8178 Bus 2010 El Dorado EZ Rider II MAX 1N9MNALG7AC084304 28 $ 131,511 $ 460,289 Actual Cash Value Fixed Route Yes $10,000 Yes 529237 Revenue 09/14/2010 CalTIP City of Porterville 8179 Bus 2010 El Dorado EZ Rider II MAX 1N9MNALG9AC084305 28 $ 131,511 $ 460,289 Actual Cash Value Fixed Route Yes $10,000 Yes 489346 Revenue 09/14/2010 CalTIP City of Porterville 8183 Van 2008 Chevrolet Amerivan 1GBDV13W38D199563 6 $ 3,500 $ 43,000 Actual Cash Value DialARide/Paratransit Yes $10,000 No 138605 Backup 04/06/2009 CalTIP City of Porterville 8184 Bus 2009 Starcraft Allstar Type 3 1FDFE45P19DA29971 15 $ 5,000 $ 90,000 Actual Cash Value Fixed Route Yes $10,000 No 145545 Backup 12/01/2012 CalTIP City of Porterville 8187 Bus 2013 Champion EZ Street 1FDFE4FS5DDA05796 15 $ 50,697 $ 168,989 Actual Cash Value DialARide/Paratransit Yes $10,000 No 90392 Revenue 04/01/2013 CalTIP City of Porterville 8188 Bus 2013 Champion EZ Street 1FDFE4FS7DDA05797 15 $ 50,697 $ 168,989 Actual Cash Value DialARide/Paratransit Yes $10,000 No 93852 Revenue 04/01/2013 CalTIP City of Porterville 8189 Bus 2013 Champion EZ Street 1FDFE4F59DDA05798 15 $ 50,697 $ 168,989 Actual Cash Value DialARide/Paratransit Yes $10,000 No 73105 Revenue 04/01/2013 CalTIP City of Porterville 8190 Bus 2013 El Dorado E-Z Rider II 1N9MNALG0EC084084 28 $ 230,145 $ 460,289 Actual Cash Value Fixed Route Yes $10,000 Yes 405986 Revenue 12/09/2013 CalTIP City of Porterville 8191 Bus 2013 El Dorado E-Z Rider II 1N9MNALG2EC084085 28 $ 230,145 $ 460,289 Actual Cash Value Fixed Route Yes $10,000 Yes 429842 Revenue 12/23/2013 CalTIP City of Porterville 8192 Bus 2015 El Dorado EZ Rider II MAX 1N9MNALG4FC084056 28 $ 317,111 $ 493,284 Actual Cash Value Fixed Route Yes $10,000 Yes 363648 Revenue 06/01/2015 CalTIP City of Porterville 8193 Bus 2015 El Dorado EZ Rider II MAX 1N9MNALG6FC084057 28 $ 317,111 $ 493,284 Actual Cash Value Fixed Route Yes $10,000 Yes 350997 Revenue 06/01/2015 CalTIP City of Porterville 8200 Bus 2018 GreenPower EV350 1G9TP1DH3JP492004 38 $ 728,571 $ 850,000 Actual Cash Value Fixed Route Yes $10,000 Yes 25850 Revenue 04/01/2018 CalTIP City of Porterville 8201 Bus 2018 GreenPower EV350 1G9TP1DH5JP492005 38 $ 728,571 $ 850,000 Actual Cash Value Fixed Route Yes $10,000 Yes 14209 Revenue 04/01/2018 CalTIP City of Porterville 8202 Bus 2018 GreenPower EV350 1G9TP1EH0JP492007 38 $ 728,571 $ 850,000 Actual Cash Value Fixed Route Yes $10,000 Yes 15851 Revenue 09/13/2018 CalTIP City of Porterville 8203 Bus 2018 GreenPower EV350 1G9TP1EH2JP492008 38 $ 728,571 $ 850,000 Actual Cash Value Fixed Route Yes $10,000 Yes 16024 Revenue 09/13/2018 CalTIP City of Porterville 8204 Bus 2018 GreenPower EV350 1G9TP1EH9JP492006 38 $ 728,571 $ 850,000 Actual Cash Value Fixed Route Yes $10,000 Yes 8245 Revenue 09/13/2018 CalTIP City of Porterville 8205 Bus 2018 GreenPower EV350 1G9TP1EH4JP492011 38 $ 728,571 $ 850,000 Actual Cash Value Fixed Route Yes $10,000 Yes 13172 Revenue 12/10/2019 CalTIP City of Porterville 8206 Bus 2018 GreenPower EV350 1G9TP1EH4JP492012 38 $ 728,571 $ 850,000 Actual Cash Value Fixed Route Yes $10,000 Yes 7198 Revenue 12/10/2019 CalTIP City of Porterville 8207 Bus 2018 GreenPower EV350 1G9TP1EH2JP492011 38 $ 728,571 $ 850,000 Actual Cash Value Fixed Route Yes $10,000 Yes 3222 Revenue 12/10/2019 CalTIP City of Porterville 8208 Bus 2018 GreenPower EV350 1G9TP1EH8JP492014 38 $ 728,571 $ 850,000 Actual Cash Value Fixed Route Yes $10,000 Yes 7211 Revenue 12/10/2019 CalTIP City of Porterville 8209 Bus 2018 GreenPower EV350 1G9TP1EH0JP492010 38 $ 728,571 $ 850,000 Actual Cash Value Fixed Route Yes $10,000 Yes 3046 Revenue 12/10/2019

VEHICLE SCHEDULE
Appendix E – CITY VEHICLES TO TRANSFER TO TCRTA
JPA Name Vehicle # Type Year Make Model VIN Seating Actual Cash Value Replacement Cost Valuation Type Usage Coverage Type Deductible Physical Damage Coverage Miles Status Added Date CalTIP City of Porterville 8103 Van 2019 BRAUN ENTERVAN 2C7WDGBG4KR799374 5 $ 44,290 $ 50,617 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 1453 Revenue 05/21/2020 CalTIP City of Porterville 8104 Van 2019 BRAUN ENTERVAN 2C7WDGBG5KR799397 5 $ 44,290 $ 50,617 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 1500 Revenue 05/21/2020 CalTIP City of Porterville 8105 Van 2019 BRAUN ENTERVAN 2C7WDGBG7KR799398 5 $ 44,290 $ 50,617 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 1500 Revenue 05/21/2020 CalTIP City of Porterville 8106 Van 2019 BRAUN ENTERVAN 2C7WDGBG4KR801012 5 $ 44,290 $ 50,617 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 1500 Revenue 05/21/2020 CalTIP City of Porterville 8107 Van 2019 BRAUN ENTERVAN 2C7WDGBG2KR801042 5 $ 44,290 $ 50,617 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 1500 Revenue 05/21/2020 CalTIP City of Porterville 8108 Van 2019 BRAUN ENTERVAN 2C7WDGBG6KR801044 5 $ 44,290 $ 50,617 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 1500 Revenue 05/21/2020 CalTIP City of Porterville 8109 Van 2019 BRAUN ENTERVAN 2C7WDGBG2KR801056 5 $ 44,290 $ 50,617 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 1500 Revenue 05/21/2020 CalTIP City of Porterville 8110 Van 2019 BRAUN ENTERVAN 2C7WDGBG3KR801065 5 $ 44,290 $ 50,617 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 1500 Revenue 05/21/2020 CalTIP City of Porterville 8111 Van 2019 BRAUN ENTERVAN 2C7WDGBG6KR801139 5 $ 44,290 $ 50,617 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 1500 Revenue 05/21/2020 CalTIP City of Porterville 8112 Bus 2020 Ford Transit 1FBVU4X84LKA46151 9 $ 174,000 $ 174,000 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 500 Revenue 12/03/2020 CalTIP City of Porterville 8113 Bus 2020 Ford Transit 1FBVU4X86LKA46152 9 $ 174,000 $ 174,000 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 500 Revenue 12/03/2020 CalTIP City of Porterville 8114 Bus 2020 Ford Transit 1FBVU4X89LKB07610 9 $ 174,000 $ 174,000 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 500 Revenue 12/03/2020 CalTIP City of Porterville 8115 Bus 2020 Ford Transit 1FBVU4X80LKB07611 9 $ 174,000 $ 174,000 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 500 Revenue 12/03/2020 CalTIP City of Porterville 8116 Bus 2020 Ford Transit 1FBVU4X82LKB07612 9 $ 174,000 $ 174,000 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 500 Revenue 12/03/2020 CalTIP City of Porterville 8117 Bus 2020 Ford Transit 1FBVU4X84LKB07613 9 $ 174,000 $ 174,000 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 500 Revenue 12/03/2020 CalTIP City of Porterville 8118 Bus 2020 Ford Transit 1FBVU4X86LKB07614 9 $ 174,000 $ 174,000 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 500 Revenue 12/03/2020 CalTIP City of Porterville 8119 Bus 2020 Ford Transit 1FBVU4X82LKA63949 9 $ 174,000 $ 174,000 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 500 Revenue 12/03/2020 CalTIP City of Porterville 8120 Bus 2020 Ford Transit 1FBVU4X88LKA85065 9 $ 174,000 $ 174,000 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 500 Revenue 12/03/2020 CalTIP City of Porterville 8121 Bus 2020 Ford Transit 1FBVU4X8XLKA85066 9 $ 174,000 $ 174,000 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 500 Revenue 12/03/2020 CalTIP City of Porterville 8122 Bus 2020 Ford Transit 1FBVU4X81LKA85067 9 $ 174,000 $ 174,000 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 500 Revenue 12/03/2020 CalTIP City of Porterville 8123 Bus 2020 Ford Transit 1FBVU4X87LKA97126 9 $ 174,000 $ 174,000 Actual Cash Value DialARide/Paratransit Yes $5,000 Yes 500 Revenue 12/03/2020 CalTIP City of Porterville 8167 Van 2006 Chevrolet Uplander Amerivan 1GBDV13L66D200854 6 $ 3,500 $ 41,269 Actual Cash Value DialARide/Paratransit Yes $10,000 No 125918 Backup 06/08/2006 CalTIP City of Porterville 8168 Bus 2007 El Dorado E-Z Rider II Max 1N9MNABG68C084001 28 $ 32,878 $ 460,289 Actual Cash Value Fixed Route Yes $10,000 Yes 437385 Backup 08/17/2007 CalTIP City of Porterville 8169 Bus 2007 El Dorado EZ Rider II Max 1N9MNABGX8C084115 28 $ 32,878 $ 460,289 Actual Cash Value Fixed Route Yes $10,000 Yes 411950 Backup 01/09/2008 CalTIP City of Porterville 8170 Bus 2007 El Dorado EZ Rider II Max 1N9MNABG18C084116 28 $ 32,878 $ 460,289 Actual Cash Value Fixed Route Yes $10,000 Yes 430100 Backup 01/15/2008 CalTIP City of Porterville 8171 Bus 2007 El Dorado EZ Rider II Max 1N9MNABG38C084117 28 $ 32,878 $ 460,289 Actual Cash Value Fixed Route Yes $10,000 Yes 439520 Backup 01/15/2008 CalTIP City of Porterville 8172 Van 2007 Chevrolet Uplander Amerivan 1GBDV131X7D179989 6 $ 3,500 $ 41,513 Actual Cash Value DialARide/Paratransit Yes $10,000 No 131488 Backup 08/17/2007 CalTIP City of Porterville 8173 Van 2007 Chevrolet Uplander Amerivan 1GBDV13127D180389 6 $ 3,500 $ 41,513 Actual Cash Value DialARide/Paratransit Yes $10,000 No 156142 Backup 08/17/2007 CalTIP City of Porterville 8175 Bus 2010 El Dorado E-Z Rider II Max 1N9MNALGXAC084183 28 $ 131,511 $ 460,289 Actual Cash Value Fixed Route Yes $10,000 Yes 502077 Revenue 03/11/2010 CalTIP City of Porterville 8176 Bus 2010 El Dorado EZ Rider II MAX 1N9MNALG3AC084302 28 $ 131,511 $ 460,289 Actual Cash Value Fixed Route Yes $10,000 Yes 516042 Revenue 09/14/2010 CalTIP City of Porterville 8177 Bus 2010 El Dorado EZ Rider II MAX 1N9MNALG5AC084303 28 $ 131,511 $ 460,289 Actual Cash Value Fixed Route Yes $10,000 Yes 491714 Revenue 09/14/2010 CalTIP City of Porterville 8178 Bus 2010 El Dorado EZ Rider II MAX 1N9MNALG7AC084304 28 $ 131,511 $ 460,289 Actual Cash Value Fixed Route Yes $10,000 Yes 529237 Revenue 09/14/2010 CalTIP City of Porterville 8179 Bus 2010 El Dorado EZ Rider II MAX 1N9MNALG9AC084305 28 $ 131,511 $ 460,289 Actual Cash Value Fixed Route Yes $10,000 Yes 489346 Revenue 09/14/2010 CalTIP City of Porterville 8183 Van 2008 Chevrolet Amerivan 1GBDV13W38D199563 6 $ 3,500 $ 43,000 Actual Cash Value DialARide/Paratransit Yes $10,000 No 138605 Backup 04/06/2009 CalTIP City of Porterville 8184 Bus 2009 Starcraft Allstar Type 3 1FDFE45P19DA29971 15 $ 5,000 $ 90,000 Actual Cash Value Fixed Route Yes $10,000 No 145545 Backup 12/01/2012 CalTIP City of Porterville 8187 Bus 2013 Champion EZ Street 1FDFE4FS5DDA05796 15 $ 50,697 $ 168,989 Actual Cash Value DialARide/Paratransit Yes $10,000 No 90392 Revenue 04/01/2013 CalTIP City of Porterville 8188 Bus 2013 Champion EZ Street 1FDFE4FS7DDA05797 15 $ 50,697 $ 168,989 Actual Cash Value DialARide/Paratransit Yes $10,000 No 93852 Revenue 04/01/2013 CalTIP City of Porterville 8189 Bus 2013 Champion EZ Street 1FDFE4F59DDA05798 15 $ 50,697 $ 168,989 Actual Cash Value DialARide/Paratransit Yes $10,000 No 73105 Revenue 04/01/2013 CalTIP City of Porterville 8190 Bus 2013 El Dorado E-Z Rider II 1N9MNALG0EC084084 28 $ 230,145 $ 460,289 Actual Cash Value Fixed Route Yes $10,000 Yes 405986 Revenue 12/09/2013 CalTIP City of Porterville 8191 Bus 2013 El Dorado E-Z Rider II 1N9MNALG2EC084085 28 $ 230,145 $ 460,289 Actual Cash Value Fixed Route Yes $10,000 Yes 429842 Revenue 12/23/2013 CalTIP City of Porterville 8192 Bus 2015 El Dorado EZ Rider II MAX 1N9MNALG4FC084056 28 $ 317,111 $ 493,284 Actual Cash Value Fixed Route Yes $10,000 Yes 363648 Revenue 06/01/2015 CalTIP City of Porterville 8193 Bus 2015 El Dorado EZ Rider II MAX 1N9MNALG6FC084057 28 $ 317,111 $ 493,284 Actual Cash Value Fixed Route Yes $10,000 Yes 350997 Revenue 06/01/2015 CalTIP City of Porterville 8200 Bus 2018 GreenPower EV350 1G9TP1DH3JP492004 38 $ 728,571 $ 850,000 Actual Cash Value Fixed Route Yes $10,000 Yes 25850 Revenue 04/01/2018 CalTIP City of Porterville 8201 Bus 2018 GreenPower EV350 1G9TP1DH5JP492005 38 $ 728,571 $ 850,000 Actual Cash Value Fixed Route Yes $10,000 Yes 14209 Revenue 04/01/2018 CalTIP City of Porterville 8202 Bus 2018 GreenPower EV350 1G9TP1EH0JP492007 38 $ 728,571 $ 850,000 Actual Cash Value Fixed Route Yes $10,000 Yes 15851 Revenue 09/13/2018 CalTIP City of Porterville 8203 Bus 2018 GreenPower EV350 1G9TP1EH2JP492008 38 $ 728,571 $ 850,000 Actual Cash Value Fixed Route Yes $10,000 Yes 16024 Revenue 09/13/2018 CalTIP City of Porterville 8204 Bus 2018 GreenPower EV350 1G9TP1EH9JP492006 38 $ 728,571 $ 850,000 Actual Cash Value Fixed Route Yes $10,000 Yes 8245 Revenue 09/13/2018 CalTIP City of Porterville 8205 Bus 2018 GreenPower EV350 1G9TP1EH4JP492011 38 $ 728,571 $ 850,000 Actual Cash Value Fixed Route Yes $10,000 Yes 13172 Revenue 12/10/2019 CalTIP City of Porterville 8206 Bus 2018 GreenPower EV350 1G9TP1EH4JP492012 38 $ 728,571 $ 850,000 Actual Cash Value Fixed Route Yes $10,000 Yes 7198 Revenue 12/10/2019 CalTIP City of Porterville 8207 Bus 2018 GreenPower EV350 1G9TP1EH2JP492011 38 $ 728,571 $ 850,000 Actual Cash Value Fixed Route Yes $10,000 Yes 3222 Revenue 12/10/2019 CalTIP City of Porterville 8208 Bus 2018 GreenPower EV350 1G9TP1EH8JP492014 38 $ 728,571 $ 850,000 Actual Cash Value Fixed Route Yes $10,000 Yes 7211 Revenue 12/10/2019 CalTIP City of Porterville 8209 Bus 2018 GreenPower EV350 1G9TP1EH0JP492010 38 $ 728,571 $ 850,000 Actual Cash Value Fixed Route Yes $10,000 Yes 3046 Revenue 12/10/2019

VEHICLE SCHEDULE
Appendix F – CITY RIDER FACILITIES
Route Stop # Stop Name Point X Point Y Trash Can Shelter PV Shelter Pole Lighting P1 and P3 Putnam and 3rd -119.014 36.069 X
P1 and P3 Plano and Murry -119.010 36.069 X
P1 and P3 Plano and Garden -119.009 36.067 X
P1 South County Justice Center -119.012 36.065 X X
P1 Olive Ave. and D Str. -119.019 36.065 X
P1 Olive Ave. and H St. -119.024 36.066
P1 Olive Ave. and Jaye St. -119.027 36.066 X
P1 Olive Ave. and Villa St. -119.030 36.066 X
P1 Olive Ave. and Cottage -119.033 36.066 X
P1 Olive Ave. and Wisconsin -119.038 36.066
P1 Olive Ave. and Dameron -119.045 36.066 X X
P1 Town and Country -119.048 36.066 X
P1 Olive and Lotas -119.052 36.066 X
P1 Olive Ave. and Salisbury -119.058 36.066 X
P1 Olive Ave. and Mathew -119.063 36.066 X
P1 Olive Ave. and Westwood -119.069 36.066 X X
P1 Westwood St. and Garden Ave. -119.071 36.067 X
P1 Westwood St. and W. Putnam Ct. -119.071 36.069 X
P1 Westwood St. and Morton Ave. -119.070 36.073 X
P1 Morton Ave. and Argyle -119.065 36.073 X X
P1 Morton Ave. and Belmont -119.058 36.073
P1 Morton Ave. and Lotas -119.052 36.073 X
P1 Mission Mobile Homes -119.048 36.073 X
P1 Morton Ave. and Douglas -119.042 36.073 X
P1 Morton Ave. and Porter -119.038 36.073
P1 N. Indiana and W. Thurman Ave. -119.035 36.072
P1 Putnam and Cottage -119.033 36.070 X
P1 Sierra View Medical Center -119.028 36.070 X
P1 Morton Ave. and Pearson Dr. -119.027 36.073 X
P1 Bartlett Middle School -119.024 36.073 X X
P1 Morton Ave. and G St. -119.021 36.073 X
P1 Porterville Museum -119.018 36.070 X
Appendix F – CITY RIDER FACILITIES
Route Stop # Stop Name Point X Point Y Trash Can Shelter PV Shelter Pole Lighting P2 Hockett and Thurman -119.017 36.071
P2 Main St. and North -119.017 36.076 X
P2 Henderson and G St. -119.023 36.080 X
P2 Henderson and Jaye -119.026 36.081 X
P2 Henderson and Villa -119.029 36.081
P2 Henderson and Indiana -119.036 36.081 X X
P2 Henderson at Burger King -119.040 36.081 X
P2 Henderson and Prospect -119.045 36.081
P2 Henderson at Monache High School -119.048 36.081 X X P2 Henderson and Newcomb -119.052 36.081 X
P2 Henderson and Patsy -119.056 36.080 X
P2 Henderson and Belmont -119.059 36.080 X
P2 Henderson and Balmayne -119.064 36.080 X
P2 Westwood and Henderson -119.071 36.081 X X
P2 Westwood and Luisa -119.071 36.085 X
P2 Westfield and Westwood -119.070 36.088
P2 Westfield and Lombardi -119.066 36.088 X
P2 Westfield and Mathew -119.062 36.088 X
P2 Westfield and Lu Ann -119.057 36.088 X
P2 Westfield and Newcomb -119.053 36.088 X
P2 Westfield and Atkins -119.047 36.088 X
P2 Westfield and Cobb -119.042 36.088 X
P2 Westfield and Milo -119.037 36.088 X
P2 Monte Vista School -119.032 36.087 X
P2 Main and Highland Dr. -119.022 36.082 X
P2 Main St. and Danner -119.019 36.079 X
P2 Main St. and Bellevew -119.016 36.075 X X
P1 and P2 Porterville Museum -119.018495 36.07036 X
Appendix F – CITY RIDER FACILITIES
Route Stop # Stop Name Point X Point Y Trash Can Shelter PV Shelter Pole Lighting P1 and P3 Putnam and 3rd -119.014 36.069
P1 and P3 Plano and Murry -119.010 36.069
P1 and P3 Plano and Garden -119.009 36.067
P3 S. Plano at Vallarta -119.008 36.064 X X
P3 S. Plano and Andres -119.008 36.062 X
P3 E. Date and Plano -119.007 36.058 X
P3 E. Date and S. Park St. -119.003 36.058 X
P3 E. Date and Leggett -118.999 36.058
P3 E. Date and Ruth -118.993 36.058 X
P3 E. Springville and W St. -118.989 36.055
P3 E. Springville and Conner -118.986 36.055 X
P3 E. Springville and S. Sunset St. -118.982 36.055
P3 E. Springville and E. Success Dr. -118.976 36.055 X
P3 E. Springville and Page -118.972 36.055 X
P3 E. Springville and Bennett St. -118.967 36.055 X
P3 Doyle and E. Springville -118.964 36.055 X
P3 Alta Vista School -118.966 36.059 X
P3 Crabtree and Page -118.972 36.059 X
P3 Crabtree and Tulsa -118.978 36.059 X
P3 Holcomb and Tyler -118.982 36.060 X
P3 Holcomb and Roby -118.982 36.062 X
P3 Granit Hills High School -118.982 36.066 X X
P3 E. Olive and Conner -118.987 36.066 X
P3 E. Olive and Hillcrest -118.990 36.066 X
P3 Crestview and E. Putnam -118.995 36.069 X
P3 E. Putnam and Leggett -118.999 36.069 X
P3 E. Putnam and Esther St. -119.007 36.069 X
P3 E. Putnam and 3rd -119.013 36.069 X X
Appendix F – CITY RIDER FACILITIES
Route Stop # Stop Name Point X Point Y Trash Can Shelter PV Shelter Pole Lighting P4 Orange and B St. -119.014 36.061 X
P4 Santa Fe School -119.010 36.060 X
P4 S. Plano and River -119.008 36.057 X
P4 S. Plano and Chase -119.008 36.054 X X
P4 Vandalia School -119.012 36.049 X
P4 Porterville College -119.017 36.048 X X
P4 Big Stump Trailer Park -119.017 36.055 X
P4 S. Main St. and E. Locust Ave. -119.016 36.060 X
P4 S. Main St. and Vine -119.016 36.064 X
Appendix F – CITY RIDER FACILITIES
Route Stop # Stop Name Point X Point Y Trash Can Shelter PV Shelter Pole Lighting P5 Burton Elementary School -119.070 36.073 X X
P5 D and Thurman -119.018 36.072 X
P5 Galaxy 9 Theaters -119.037 36.080 X
P5 Government Plaza -119.041 36.080 X X
P5 Henderson and Balmoral -119.062 36.080 X
P5 Henderson and Jaye -119.026 36.080 X
P5 Henderson and Kinsington -119.068 36.080 X
P5 Henderson and Newcomb -119.052 36.080 X
P5 Henderson and Patsy -119.056 36.080 X X
P5 Henderson and Villa -119.030 36.080 X
P5 Henderson at Zalud Park -119.022 36.080 X
P5 Morton Ave. and Carmelita -119.029 36.073 X
P5 Morton Ave. and Cottage -119.032 36.073 X
P5 Morton Ave. and Douglas -119.042 36.073 X X
P5 Morton Ave. and El Granito -119.022 36.073 X
P5 Morton Ave. and Gary -119.066 36.073 X
P5 Morton Ave. and Kessing -119.025 36.073 X
P5 Morton Ave. and Mathew -119.062 36.073 X
P5 Morton Ave. and Newcomb -119.052 36.073 X X
P5 Morton Ave. and Prospect -119.045 36.073 X X
P5 Morton Ave. and Salisbury -119.057 36.073 X
P5 Social Security Office -119.037 36.073 X X
P5 Target Shopping Center -119.046 36.080 X X
P5 Westwood and Kanai -119.071 36.077 X
P5 Westwood and Kings Cross Way -119.071 36.079 X
Appendix F – CITY RIDER FACILITIES
Route Stop # Stop Name Point X Point Y Trash Can Shelter PV Shelter Pole Lighting P6 Putnam and G St. -119.023 36.070 X
P6 Sierra View Medical Center -119.026 36.069 X X
P6 Jaye St. and Orange -119.026 36.061 X
P6 Jaye St. and Springville -119.026 36.056 X
P6 W. Springville Drive -119.028 36.055 X
P6 W. Springville Drive and Chess Terrace -119.033 36.055 X P6 Indiana and Springville -119.035 36.055 X
P6 W. Vandalia Ave. -119.034 36.052 X
P6 Lowes Shopping Center -119.028 36.052 X
P6 Family Health Care -119.042 36.051 X
P6 S. Prospect and W. Brown Ave. -119.044 36.048 X
P6 Holiday Inn Express -119.025 36.050 X
P6 H St. and Montgomery -119.023 36.051 X
P6 Home Depot -119.026 36.054 X
P6 Jaye St. and Date -119.026 36.058 X X
P6 Orange and G St. -119.023 36.061
P6 E St. and Date -119.020 36.058 X
P6 F St. and Olive Ave. -119.021 36.065 X
Appendix G – FURNITURE AND EQUIPMENT
 2 Desks and 2 Chairs located at the Porterville Transit Center  Genfare Fare Collection Equipment
 Genetec Security System
 2-Way Radio’s and Base Station
Item No. 13.

CITY COUNCIL AGENDA – JUNE 20, 2022
SUBJECT: Authorization to Execute Consultant Agreement with COAR Design Group (formerly known as Jeff Katz Architectural Corporation or JKA) SOURCE: Engineering and Project Management
COMMENT: On February 22, 2022, staff received three Statements of Qualifications for the design and construction services of the Remodel/Additions at Existing Fire Stations 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 March 15, 2022, the Council authorized staff to negotiate a contract with Jeff Katz Architectural Corporation (JKA); now known as COAR Design Group.

Staff has completed negotiations for design services for this project in the amount of $610,000; this amount does not include contingencies and only includes limited hours of construction support that may vary based on what conditions are found in the existing fire stations during the construction process.

Funding for this is available through the City's Measure I Funds as detailed in the proposed Fiscal Year 2022-2023 Budget in an amount not to exceed $800,000.

Staff has found the negotiated price acceptable.

RECOMMENDATION: That the City Council:

1. Authorize the Engineering & Project Management Director to Execute the Consultant Service Agreement for the Design work relating to the Remodel/Additions at Existing Fire Stations Project, with COAR Design Group (formerly JKA) in the amount not to exceed $800,000 for design and construction support services;

2. Authorize progress payments for up to one hundred percent (100%) of the fee amount; and

3. Authorize an appropriation of Measure I Funds in an amount not to exceed $800,000.

ATTACHMENTS: 1. Draft Service Agreement

2. Scope of Services

3. Locator Map FIRE STATION 71

4. Locator Map FIRE STATION 72
Item No. 13.

5. Locator Map FIRE STATION 73
Appropriated/Funded:

Review By:

Department Director:

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

SERVICE AGREEMENT
DATE: June 20, 2022
PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and COAR Design Group, 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 the Remodel/Additions at Existing Fire Stations Project
Description of Project: In general, the consultant will be provide design and construction support services for the Remodel/Additions at Existing Fire Stations 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 as defined in the amount of $610,000 as described in Attachment “A”. Additional services during construction services may be necessary and will be billed on a time and materials bases.

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 as agreed upon in the project specific task order. 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:

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 Two Million Dollars ($2,000,000) per occurrence; and
(iii) Errors and Omissions insurance of Two 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 Two Million Dollars ($2,000,000) per Service Agreement

Page 2 of 3 ends

occurrence; fully protecting CITY, its elected and appointed officers, employees, agents 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:

SECTION 7. ASSIGNMENT OF CONTRACT:

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.

SECTION 10. TERMINATION:

SECTION 11. ENTIRE CONTRACT:

Service Agreement

Page 3 of 3 ends

It is understood and agreed that this Service Agreement represents the entire Agreement between the parties. Should it be necessary to institute legal proceedings to enforce any and all of the covenants 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
Javier Sanchez Jr,
Engineering & Project Management Dir.

Date Date
June 13, 2022
200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 Sarah Weaver
Project Manager, Engineering Division
City of Porterville
291 N. Main Street
Porterville, CA 93257
RE: Request for Proposals Professional Architectural and Engineering Design Services for Fire Station 71-73
Dear Ms Weaver:

We are pleased to provide this proposal for the design and construction of the Fire Station 71-73 Projects. This proposal is in response to the RFP as well as our follow up discussions and site visit. Please note that this proposal is based on the Scope of Services included in the RFP as well as what we believe is necessary to successfully complete this project. Our proposal includes the following disciplines: Civil, Structural, Mechanical, Plumbing, Electrical, Topographic Survey, Cost Estimating services. Landscape Architecture, Geotechnical Engineering and Hazardous Materials survey are not included at this time. The following sections include a more detailed explanation of the scope being provided (see also Exhibit C attached). If there are scope items that are not included, or that are not necessary, we are pleased to adjust the scope to meet your needs.

This proposal is based on your requirements for Schematic Design, Design Development, Construction Documents, Bidding and Construction Administration services. The proposal assumes we are treating this as one set of plans to include all three stations, with Phasing to have the construction done for Station 72 first, followed by concurrent construction at 71 and 73.

The general scope for each station is as follows:

Station 71
 Raising some if not all of the app bay door heads.
 Extend one or two app bays with interior demo to achieve appropriate length for the truck. Could happen at the 2 side bays or two front bays.

Front bays have cross beams which will pose some additional challenges so side bays are probably preferred
Attachment "A"
Fire Station 71-73 Renovation Proposal
June 13, 2022

Page 2 ends

200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920  Interior renovation of the balance of the ground floor space to create Captains offices and a large conference/training room
 Reconfigure upstairs space to incorporate open barracks for dorms, modify bathrooms and remaining kitchen area to support additional personnel (8). Barrack would need to be designed to still allow some gender separation
 Upgrade as needed to current structural requirements but not essential service
 Upgrade MEP systems as required
 Replace front driveway apron. No oil water separator currently and no drains in app bay so currently truck washing occurs with no capture. Not sure we can improve that as part of this project
Station 72
 Extend App Bay roughly 25’ to allow double deep apparatus  Add 2 additional dorm rooms
 Remodel kitchen, restrooms and office areas
 Upgrade as needed to current structural requirements but not essential service
 Upgrade MEP systems as required
Station 73
 Extend App bay 25’ to create double deep app bay
 Add doors and additional ventilation to Turnout Room
 Add plymovent system to replace existing App Bay ventilation system  Upgrade Mech system as appropriate
 Rework PD space to create additional Captain’s offices and Conference/Training Room space
 Existing station reportedly designed to meet essential service so the addition will be as well
I have based this proposal on the preliminary requirement provided for the 3 stations The project is noted to have an assumed project budget of roughly $2,500,000 but in our opinion will likely require more than that to accomplish the items requested and required. We will work with the City during the early design stages to properly identify the scope that fits the available budget.

We are proposing to offer the following scope of services.

TASK 1: PROJECT INITIATION

1. Meet with Fire Station Design Committee to discuss examples which the committee has seen on their tour of existing stations, to review areas which the Fire Department feels are examples of both good and poor Fire Station 71-73 Renovation Proposal
June 13, 2022

Page 3 ends

200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 design elements. Hold a "Brainstorming" sessions with Fire Department personnel to discuss features of the new station designs in order to understand and develop a detailed program for the project.

2. Meet with City Building and Planning Department to review all requirements including design review, access compliance and approval process.

3. Review available as-built documents, preliminary design or programming documents, and any previous studies or reports for the facility.

4. Provide a detailed design schedule indicating required milestone dates.

5. Establish communication channels with all parties involved.

TASK 2: SCHEMATIC DESIGN PHASE

1. Develop at schematic design concept for each station to include building modifications, site adjustments and related impacts.

2. Develop building structural, mechanical, plumbing and electrical system Basis of Design documentation for each station.

3. Develop preliminary Cost Estimates based upon building systems. The estimates prepared at this phase will be generally square foot cost estimates for the various building components, and will include a design development contingency (to allow for potential increases as the design is refined further in the later stages of the project).

4. Present schematic designs to City for review and comment.

5. Provide a written preliminary evaluation of the project, schedule and construction budget based on selected design option.

6. Make required submissions to City for Final Schematic Design review and approval. Drawings required for this submittal would include:
o Site Plan
o Schematic Floor Plan
o Preliminary Grading Plan
o Schematic Building Elevations

7. Make required presentations to various agency review organizations to review proposed design. Proposal assumes 1 community presentations (City Council).

8. Make required modifications to Schematic Design to obtain Schematic Design approval.

Fire Station 71-73 Renovation Proposal
June 13, 2022

Page 4 ends

200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920

9. After obtaining approval of Schematic Design we will proceed into Task 3, Design Development.

10. For the Schematic Design Phase, we have included one in person and two virtual coordination meetings with selected staff and stakeholders.

TASK 3: DESIGN DEVELOPMENT PHASE

1. Refine design of Site Plan, Architectural Plans, and Engineering Plans.

2. Prepare preliminary material and equipment selections for review.

3. Prepare updated design renderings and conduct Virtual Reality walk thru.

4. Develop structural system consistent with design concept.

5. Develop building mechanical, plumbing and electrical systems consistent with design concept.

6. Coordinate with Owner systems for phone/data/cable and station alerting requirements/improvements or infrastructure for future.

7. Prepare preliminary Interior Elevations, Building Sections, Reflected Ceiling Plan and Roof Plan.

8. Prepare preliminary interior material and color boards for review and selection.

9. Develop performance plans and specifications for Fire Sprinkler and Fire Alarm system modifications to be incorporated into Construction Documents. Final design of sprinkler and alarm systems shall be a deferred approval item provided by the contractor.

10. Prepare preliminary line item Construction Cost Estimate based on actual building components. This estimate will be more detailed than the systems estimate prepared during schematic design but will include design and construction contingencies.

11. Make required submittal to the City for Design Development Review.

12. After obtaining written approval of the information presented in the Design Development drawings, we will proceed into Task 5, Construction Documents.

13. For the Design Development Phase, we have included two virtual coordination meetings with selected staff and stakeholders.

Fire Station 71-73 Renovation Proposal
June 13, 2022

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200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 TASK 4: CONSTRUCTION DOCUMENTS (CD) PHASE

1. Prepare drawings and specifications suitable for bidding to clearly delineate the Contractor's scope of work, including required civil, architectural, structural, mechanical, plumbing and electrical,. Required demolition plans will be included. It is assumed for this proposal that the City will provide all required General and Supplementary Conditions and Bidding Information. Submittals will be made at 90% and 100% and will include plans and specifications. For this proposal it is assumed that a single set of construction documents will be provided inclusive of all 3 stations, but phasing of the construction work will be reflected on the documents.

2. Construction Documents will incorporate Owner provided Geotechnical requirements and recommendations for soils preparation, foundation and paving design.

3. Submit plans to City Building Department for Building permit plan check, and perform all required revisions to construction documents based on Building Department's plan check comments (Note: plan check and permit fees are not included).

4. Update Construction Cost Estimate.

TASK 5: BID SUPPORT AND CONSTRUCTION PHASE SERVICES

1. Bidding and Construction Administration services will be provided on an Hourly, Not To Exceed basis, based on the scope identified in Exhibit A.

Services requested in excess of the not to exceed amount will be performed only after approval by the City of additional funding.

ASSUMPTIONS & ADDITIONAL SERVICES
The following items are not included in the Basic Services and will be provided as additional services only after written authorization is received. Unless a subsequent fixed fee proposal is provided, the work will be done on an hourly basis.

Additional Services not included in our basic scope of work include:

1. Landscape Architectural design services.

2. Design or drawings for tree relocation, temporary irrigation, drainage or Storm Water detention systems.

3. Design or drawings for water, sewer or storm drain systems or for any electrical service upgrades.

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4. Revisions to Contract Documents resulting from Owner requested changes to documents previously approved by the Owner, or due to code or zoning changes made subsequent to Owner approval.

5. Preparing separate construction document packages for discretionary permits, alternate bid items or project phasing beyond that required by the RFP.

6. Attendance of any public hearings and/or additional meetings other than noted.

7. Services required because of significant changes in the project (not due to the design team's acts or omissions) including, but not limited to, size, quality, complexity, schedule, or the method for bidding and contracting for construction.

8. Processing change requests for Owner requested changes, and for unforeseen site conditions, after bid, including revisions to Contract Documents, processing approval of revisions through the Building Department, and Change Order negotiation.

9. Providing services in conjunction with implementing substitutions proposed by the Contractor and making subsequent revisions to Contract Documents resulting from such.

10. Providing services made necessary by the default of the Contractor, by major deficiencies in the work of the Contractor, or by failure of performance of either the Owner or the Contractor under the Contract for Construction.

11. Providing services in conjunction with arbitration proceedings or legal proceedings, except where the Architect is a party to such proceedings.

12. Providing "Special Inspection" services required by law or the Contract Documents.

13. Structural engineering upgrades beyond the area or work or to meet Essential Service Requirements.

14. Hydraulic Pump Design for fire protection systems.

15. Transportation/Traffic Engineering.

16. Commissioning or Enhanced Commissioning services.

17. FF&E coordination, selection, or procurement.

18. Preparation of Boundary Surveys, ALTA Surveys, Title Reports, Deeds, Plats or Easement documents, construction staking or other documents in conjunction with the project site or Right-Of-Way.

19. Preparation of documentation to process the project through the US Green Building Council as a LEED project.

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20. Design for undergrounding of existing overhead utilities.

21. Plan check and permit fees (if paid by the consultant) will be a reimbursable expense, charged at 1.1 times the Consultant's cost.

22. All delivery, printing and reproduction costs will be a reimbursable expense, charged at 1.1 times the Consultant's cost
We propose to provide the stated basic services for a fixed fee as noted below.

Invoices will be submitted monthly for the work completed during the month, on any particular phase in accordance with City Guidelines.

The proposed breakdown by Station will be as follows.

Fire Station 71 $ 283,000.00
Fire Station 72 $ 188,000.00
Fire Station 73 $ 139,000.00
TOTAL $ 610,000.00
The proposed breakdown for the Basic Services charges will be as follows.

Task 1: Project Initiation $ 25,000.00
Task 2: Schematic Design Phase $ 110,000.00
Task 3: Design Development $ 155,000.00
Task 4: Construction Documents $ 275,000.00
Task 5: Bid Support and Construction
Administration Services (Hourly NTE) $ 40,000.00
Reimbursable Expenses $ 5,000.00
TOTAL BASE SCOPE $ 610,000.00
As you probably know, definition of construction cost is always an issue on projects. I have included as Exhibit 'B' a further description of responsibility with respect to the budget and construction cost for this project. The definitions listed are from the AIA Document B141, Owner/Architect Agreement. Although we will not be using the AIA document for our contract, these definitions are useful to understanding what the design team and the Owner's responsibilities are and should be a part of the final contract for the project. Prior to our starting work on this project I will need from you a clearer definition of what the actual "hard dollar" construction budget is expected to be. As part of our Schematic Design services, we will then prepare preliminary estimates, and a report indicating what we expect the project cost will be to include all the requested program elements. At that time we will work with you to adjust the project scope or modify the budget to fit.

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200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 We appreciate the opportunity to present this proposal. We are available to meet with you at any time to review and discuss the proposed scope of services and fee proposal. We are excited about the opportunity to work with you on this project. If you have any questions regarding this scope of work please do not hesitate to contact me at (619) 504-0984.

Respectfully,
Jeff Katz, AIA
Principal
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EXHIBIT A

HOURLY RATE SCHEDULE
The following rates apply to work performed on an hourly basis:

JEFF KATZ ARCHITECTURE - Prime Architect
Principal Architect ....................................................................................$260.00/hr.

Senior Project Manager ..........................................................................$225.00/hr.

Project Architect/Manager ....................................................................$195.00/hr.

Design Manager ........................................................................................$195.00/hr Job Captain...............................................................................................$155.00/hr.

Specification Writer...................................................................................$195.00/hr.

Construction Administrator ......................................................................$190.00/hr.

Drafter.........................................................................................................$130.00/hr.

Administrative.............................................................................................$ 95.00/hr.

CAPITAL ENGINEERING – Mechanical/Plumbing Engineer
Principal................................................................................................$225.00/hr.

Project Manager/Engineer ................................................................$150.00/hr.

Drafter.....................................................................................................$90.00/hr.

Administrative ........................................................................................$75.00/hr.

O'MAHONY & MYER - Electrical Engineer (Hourly Multiplier 2.8) Principal................................................................................................$205.00/hr.

Project Engineer ..................................................................................$150.00/hr.

Drafter.....................................................................................................$85.00/hr.

Administrative ........................................................................................$60.00/hr.

ZFA Structural Engineer
Principal................................................................................................$210.00/hr.

Project Manager .................................................................................$165.00/hr.

Senior Drafter .......................................................................................$115.00/hr.

Administration........................................................................................$95.00/hr.

BKF Civil Engineer
Principal................................................................................................$225.00/hr.

Project Manager .................................................................................$215.00/hr.

Project Engineer ..................................................................................$185.00/hr.

Drafter...................................................................................................$115.00/hr.

Administration........................................................................................$95.00/hr.

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200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 GRIFFIN STRUCTURES - Cost Estimator
Principal................................................................................................$175.00/hr.

Senior Cost Estimator ..........................................................................$150.00/hr.

Junior Cost Estimator...........................................................................$120.00/hr.

Administration........................................................................................$90.00/hr.

JKA assumes responsibility for all work performed by sub-consultants on the project and factors in required time to coordinate the sub-consultants work.

However, JKA does not markup sub-consultant work, which will be billed at the direct rate provided by the consultant.

Rates noted will remain in effect for the duration of the noted project schedule, but will increase 3% per year after 2024 (assumed project completion October 2024).

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200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 Exhibit "B"

CONSTRUCTION ADMINISTRATION SERVICES
Scope Description:

A. Consultant shall:

1. Provide input for the pre-bid meeting and attend the pre-bid meeting and site visit.

2. Assist in responding to questions raised during the bidding process.

Prepare Addenda if required to address bidding questions.

3. Submit all Addenda and assist in obtaining approval from City to incorporate into the Permit Set.

4. Attend the project pre-construction meeting

5. Develop ASI and RFI responses as required to support Project Manager requests and to coordinate Contractor questions in the field a. Coordinate all ASI/RFI review by provided consultants b. Set Up and Manage an ASI/RFI/Submittal document to enable all stakeholders to verify status of submittals

6. Review Submittals as required by Contract Documents
a. Coordinate all submittal review by provided consultants b. Set Up and Manage a submittal review document to enable all stakeholders to verify status of submittals

7. Coordinate Work of provided Consultants

8. Provide site visits by Architect and Engineering subconsultants as requested to perform Inspection of the project.

9. Develop As-Built drawings to reflect final field conditions as constructed and turn over all electronic files to the City at the conclusion of construction.

B. Preparation of Documents

1. Consultant shall provide ASI’s as required to reflect changes in scope or modifications made necessary due to changed field conditions based on the direction of the Project Manager

2. Where required, the ASI’s shall include all drawings and specifications required to obtain the construction permits and approvals of the governmental authorities having jurisdiction over the Project.

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200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 C. Subconsultants
Consultant shall contract with the following consultants for Construction Administration services for the Project:

1. Electrical Engineer

2. Mechanical Engineer

3. Civil Engineer

4. Structural Engineer
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200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 Exhibit "C"

CLARIFICATION OF RESPONSIBILITIES
The following articles are restated from AIA Document B141, Owner/Architect Agreement:

2.6.6The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work.

5.1.1The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect.

5.1.2The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction.

5.1.3Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner.

5.2.1Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect.

5.2.3If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in Fire Station 71-73 Renovation Proposal
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200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought.

5.2.4If a fixed limit of Construction Cost (adjusted as provided in Subparagraph

5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall:
.1 ....................................give written approval of an increase in such fixed limit; .2 authorize re-bidding or renegotiating of the Project within a reasonable time;
.3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or
.4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost.

5.2.5If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge shall modify the Contract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced.

6.1The Drawings, Specifications and other documents prepared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project. The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect.

9.8Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances.

9.9The Architect shall have the right to include representation of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the promotional materials for the Project.

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200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 Exhibit "D"

SCOPE DOCUMENTS PROVIDED BY CITY
June 13, 2022
200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 Sarah Weaver
Project Manager, Engineering Division
City of Porterville
291 N. Main Street
Porterville, CA 93257
RE: Request for Proposals Professional Architectural and Engineering Design Services for Fire Station 71-73
Dear Ms Weaver: