City Council Agenda August 15, 2023
CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET
PORTERVILLE, CALIFORNIA
AUGUST 15, 2023, 5:30 PM
The City of Porterville is allowing for and encouraging electronic participation at City Council Meetings. Porterville City Council Meetings will be live streamed on YouTube at https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA Alternatively, this meeting will also be available via Zoom using the following information Topic: City of Porterville – City Council Meeting of August 15, 2023 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/84845500089?pwd=cjIxT21FOEh6Wm5QdWxYOFpETUxOQT09 Or via Telephone: 1-669-900-6833 Webinar ID: 848 4550 0089 Passcode: 027657 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: Mayor Martha A. Flores. Employee Organizations: Unrepresented Positions: 1) City Manager; and 2) City Attorney.
2 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: Horton v. City of Porterville et al., Tulare County Superior Court Case No. VCU293248.
3 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Four (4) cases in which facts are not yet known to potential plaintiffs.
4 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Three (3) cases. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION
TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Vice Mayor Carrillo
Invocation
City Council Agenda August 15, 2023
PRESENTATIONS
Employee of the Month
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.
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 (Summer hiatus)
2. Library & Literacy Commission (Summer hiatus)
3. Arts Commission - July 25, 2023
4. Animal Control Commission
5. Youth Commission (Summer hiatus)
6. Transactions and Use Tax Oversight Committee (TUTOC) II. Staff Informational Reports
Water Conservation Phase III Status Update - July 2023
New Porterville Rescue Mission Update
Animal Control Commission Report
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 Replacement Repair Materials for City Well No. AP-1 Re: Authorization to purchase replacement repair materials for City Well AP-1, for an amount not to exceed $12,148.
2. Authorization to Purchase Specialized Equipment - Grit Blowers Re: Consideration to purchase two grit blowers to Ferguson Enterprises - DBA Pollardwater for an amount not to exceed $12,167.
3. Authorization for Printer/Copier Replacement at the Police Department Re: Consider authorization to purchase a copy machine for the Police Department from California Business Machines utilizing Department budgeted funds in the amount of $7,510.00, plus the applicable sales tax.
4. Security Fencing and Gates Around the Police Department City Council Agenda August 15, 2023
Re: Consideration to authorize staff to negotiate the security fencing project with Chiapa Welding, Inc. for a total cost not to exceed $79,455.00, with a ten percent (10%) contingency for the total purchase.
5. Authorization to Distribute Request for Qualifications (RFQ) for On-Call Right-ofWay and Appraisal Consulting Services Re: Considering approval to distribute a Request for Qualifications for on-call right-of-way and appraisal consulting services.
6. Authorization to Issue a Request for Proposals (RFP) for Retail Recruitment Software Firm
Re: Consider authorization for staff to distribute a Request for Proposals for retail recruitment software firms to support local economic development.
7. Authorization to Execute Consultant Agreement - Porterville Public Library Project Design
Re: Consider authorization to execute the Consultant Service Agreement for the design of the Porterville Public Library Project with Paul Haljian Architects in the amount of $3,226,000.
8. Approval of Active Transportation Program (ATP) Measure R Program Supplements to Cooperative Agreements
Re: Consideration to approve the draft Resolutions in support of the Program Supplements to the Cooperative Agreement for the Butterfield Stage Corridor Project and the Rails to Trails Corridor Lighted Crosswalk Project.
9. Environmental Systems Research Institute (ESRI) Annual Maintenance Contract Re: Consideration to authorize staff to sign the annual maintenance agreement renewal with Environmental Systems Research Institute (ESRI).
10. Selection of On-Call Materials Testing Consultants to Add to Current List Re: Consider authorization to negotiate on-call contracts with Blackburn Consulting, NV5, DC Inspections, and CTL, Inc.
11. Request For Renewal of Accela PublicStuff One Year Contract Re: Consideration to authorize a one year contract renewal with Accela for the PublicStuff Pro Services.
12. Status and Review of Local Drought Emergency
Re: Considering approval of the continuance of the Declaration of Local Emergency.
SCHEDULED MATTERS
13. Consideration of Status Report on Conditional Use Permit Concerning 180 South E Street
Re: Consider the report, provide direction and/or take action as deemed appropriate, including but not limited to setting a Public Hearing to consider revocation of the Conditional Use Permit for the property located at 180 South E Street.
14. Status and Review of Declaration of Local Flood Emergency Re: Review of the Declaration of Local Emergency made on March 13, 2023, concerning the significant weather event and impacts or likely impacts relative to increased flow of the Tule River.
City Council Agenda August 15, 2023
AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3.
1. Tulare County Taskforce on Homelessness - July 19, 2023
2. Local Initiatives Navigation Center (LINC) Committee - August 2, 2023
3. Eastern Tule Groundwater Sustainability Act (ETGSA) Board - August 3, 2023
4. Social Services Transportation Advisory (SSTA) Committee - August 8, 2023
5. CalVans Board - August 10, 2023
6. Tulare County Water Commission - August 14, 2023
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 September 5, 2023, 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 – AUGUST 15, 2023
SUBJECT: Water Conservation Phase III Status Update - July 2023 SOURCE: Public Works
COMMENT: The City has continued to implement an active water conservation approach, conserving and providing flexibility to the community. The City transitioned from Phase IV to Phase III of the City's Water Conservation Plan as of June 1, 2023. 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 to water on Tuesday and Saturday and "even" addresses allowed to water 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 outdoor landscaping is prohibited during and within forty-eight (48) hours after measurable rainfall, which is now defined as greater than 0.01 inch.
Effective June 1, 2023, the City transitioned to Phase III of its Water Conservation Plan. The Phase III plan extends outdoor watering to two days per week, with "odd" addresses allowed to water on Tuesday and Saturday and "even" addresses allowed to water 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 on Monday, Thursday, or Friday. Watering outdoor landscaping is prohibited during and within forty-eight (48) hours after measurable rainfall, which is now defined as greater than 0.01 inch.
Violations of prohibited activities are considered infractions and are punishable by fines of up to $500 for each day 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 respond to enforcement by issuing a Notice of Violation for all witnessed occurrences, and staff will process all reported issues. Enforcement statistics for July 2023 show that thirty seven (37) notices of violations were issued for water wasting, and no administrative citations were issued.
Water production for July 2023 reflects a four percent (4%) decrease from the 5-year average. The monthly production for July was 403 million gallons, which is a twenty-four percent (24%) decrease compared to July 2013 at 533 million gallons. Residential consumption for July 2023 was one hundred and fifty (150) 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 evaluate 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 July 2015 through July 2023. Porterville's cumulative total production conservation through July 2023 is twenty (20%). The cumulative total of GPCD for the City of Porterville's conservation efforts will be reflected from July 2015 through July 2023. Porterville's cumulative total GPCD conservation through July 2023 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 requires 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 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 excessive drought conditions. Water production for the City system shows a four percent (4%) decrease from July 2022 to July 2023.
California Governor Gavin Newsom issued another Executive Order N-7-22 on March 28, 2022, to address drought conditions after the driest first three months of a year in recorded history. EO N-7-22 requires that each water supplier implements, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2).
The City of Porterville's Water Conservation Plan Phase III meets the requirements for this shortage (Level 2). California Governor Gavin Newsom signed Executive Order N-3-23 on February 13, 2023, stating the state has experienced one of the wettest three-week periods on record. With this order, California Governor Gavin Newsom removed the need to voluntarily reduce water use by fifteen percent (15%), as stated in the previous Executive Order N10-21.
RECOMMENDATION: Information Only
ATTACHMENTS: 1. Monthly Production Status July 2023
2. Monthly Production Status GPCD July 2023
3. 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 July 2023 Production Comparison to 2013 & 5 Year Average 2013
2019
2020
2021
2022
2023
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 July 2023 Gallon Per Capita Day Comparison to 2013 & 5 Year Average 2013
2019
2020
2021
2022
2023
5 Year AVG
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.
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 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 – AUGUST 15, 2023
SUBJECT: New Porterville Rescue Mission Update
SOURCE: Community Development
COMMENT: At its meeting on June 18, 2019, the City Council adopted Resolution 43-2019, approving Conditional Use Permit (CUP) 2018-041-C for the New Porterville Rescue Mission (NPRM) to allow for a Social Services Facility located at 30 S.
A Street. As outlined in Resolution 43-2019, Condition #1, and in compliance with Porterville Municipal Code Chapter 21, Section 301.09, “Social Services Facilities shall provide: adequate and accessible sanitary facilities, including lavatories, restrooms and refuse containers; sufficient patron seating facilities for dining; effective screening devices such as landscaping and masonry fences in conjunction with outdoor activity areas.” To meet these requirements, NPRM was to continue to work on site improvements, and stay in communication with staff until all items had been completed. CUP 2018-041-C includes a requirement that staff provide a bi-annual update to the Council on the status of project, which is the purpose of this report.
At its meeting on February 4, 2020, staff presented to Council the bi-annual update as required in the CUP to update the status of improvements. The item was continued as additional information was needed to be provided by NPRM in writing. At its meeting on March 3, 2020, staff provided to Council the proposed Plan of Action that staff considered quite aggressive and reported that a realistic timeline would be three to six months before there would be an issuance of a building permit. At its meeting on July 21, 2020, staff provided an update to Council regarding the progress of the NPRM’s remodel project.
NPRM was issued a building permit on July 7, 2020. The scope of the permit includes removing existing staff bedroom walls to open up to existing open area to accommodate fourteen (14) beds total on the west end of the building, remodel of two restrooms to meet accessibility standards, the installation of two new concrete door landings, one new door landing with stairs and handrails, as well as reversing the swing of an existing door. NPRM had anticipated that this phase of construction would take approximately three to four months to complete.
At its meeting on November 17, 2020, staff provided an update to Council regarding the progress of the NPRM’s remodel project. The Council was informed that the NPRM’s project had experienced delays due to the pandemic as well as encountering structural issues during the demolition process.
At its meeting on January 19, 2021, Council was provided an update on the status of the NPRM project. The update included that the NPRM had been issued a permit for the structural revision to correct the issues encountered during the demolition process on November 25, 2020. Staff met with the NPRM on January 4, 2021, to discuss the progress of the project. The NPRM informed staff that the project timeline has been impacted by the ongoing COVID-19 pandemic, noting that they received a letter from one of their suppliers informing them that the delivery of their order had been delayed due to the pandemic. A framing inspection was provided by the City's Engineering Department-Building Division on January 5, 2021, and a second framing inspection on January 8, 2021, which NPRM passed.
At its meeting on August 17, 2021, staff provided an update to the Council regarding the progress of the NPRM’s remodel project as well as information in regard to violations of the conditions outlined in Conditional Use Permit 2018- 041-C and Porterville Development Ordinance, which were observed on August 10, 2021. The violations included a recreational vehicle observed onsite that was being occupied as a residence with an electrical extension cord connected to the recreational vehicle. Chapter 304.11 of the Development Ordinance states that “Parking and storing of recreational vehicles, boats, campers, trailers and similar vehicles are prohibited from being stored for a period longer than seventy-two hours (72) hours in the front yard setback. They may be stored in the side or rear yard behind a minimum six foot high, solid fence. At no time are recreational vehicles allowed to be occupied as residences. Connection to any combination of electrical, water, cable, or sewer facilities is considered prima facie evidence of occupation as a residence. At no time shall commercial vehicles greater than a one-ton rating be parked or stored on residentially zoned properties. Storage on the street is limited pursuant to Sections 17-10.4, 17-
11.7, 17-11.8, and 17-11.9 of the Porterville Municipal Code.” Tents were also observed to be erected on site outside of the approved season and timeframe outlined in Condition 10 of the CUP. Condition 10 states “The temporary use of tents for overflow of patrons may be permitted during the winter months, provided that the usage and assembling of the tents be opposite of office hours, erecting tents after 7p.m. and removing them before 7 a.m." NPRM remedied the violations was within seventy-two (72) hours.
At its meeting on October 19, 2021, staff provided an update to the Council regarding the progress of the NPRM’s remodel project. The Council was informed that the NPRM had one inspection since the update provided to the Council on August 17, 2021, which occurred on September 29, 2021. The inspection was for underground plumbing for the restroom remodel, which passed. During the inspection, the NPRM disclosed that while saw cutting the existing concrete slab for the restroom remodel, a four foot section of the exterior footing fell apart. The NPRM was requested to have the footing evaluated by an engineer to provide a design to correct the issue.
The Council was also informed that on September 24, 2021, the Porterville Police Department and Code Enforcement responded to the NPRM for the discharge of dangerous fireworks. The suspect was found to be in possession of additional fireworks and was administratively sited. While onsite Code Enforcement observed conditions of the neighboring property (14 S. A Street), which is also operated by NPRM, that were not in compliance with the 1997 Uniform Housing Code. The conditions observed included the rear yard being utilized as a living space with an outdoor shower built in close proximity to an existing electrical panel. Food and other items have also been allowed to accumulate in the yard along with multiple tarp covered areas that have been erected, creating an attractive nuisance and possible fire hazard. The property owner was notified and required to remedy the conditions by November 1, 2021. CUP 2018-041-C does not include provisions for the property located at 14 S. A Street. Resolution 43-2019 included NPRM Site and Operations Plan as Attachment A, which outlines that 14 S. A Street provides for six long term residential beds and two emergency shelter beds for women. City staff inspected the property located at 14 S. A Street on October 12, 2021, and found that the conditions that were out of compliance with the 1997 Uniform Housing Code had been remedied.
At its meeting on February 1, 2022, staff provided an update to the Council regarding the progress of the NPRM’s remodel project. The Council was informed that the NPRM had four successful inspections since the update provided to the Council at its meeting on October 19, 2021, including an inspection of foundation forms to address a foundation issue in accordance with an engineer’s design on October 19, 2021, framing and wall insulation for the east restroom on January 7, 2022, sheetrock on January 18, 2022, and shower pan inspection on January 24, 2022.
At its meeting on August 16, 2022, staff provided an update to the Council that the NPRM received a final on the bathroom remodel on April 11, 2022, and that the Chief Building Inspector met with a NPRM representative to review the exterior ADA requirements to be completed with the next stage of the project.
At its meeting on February 21, 2023, staff provided an update to the Council that the NPRM had completed the concrete landing for the two east doors, which passed inspection on January 27, 2023.
Since the last update provided to Council, the NPRM met with the Chief Building Inspector to review the layout of an ADA ramp to be utilized for exiting the west side of the facility. The remaining work to be completed in accordance with the NPRM’s approved plans is the construction of stairs and handrailing at the center door and to bring the west ramp into compliance. The Code Enforcement Division has not issued any notices of violation to the NPRM since the last update was provided.
RECOMMENDATION: That the City Council receive the bi-annual report of the progress of the New Porterville Rescue Mission.
ATTACHMENTS: 1. Resolution 43-2019
Appropriated/Funded:
Review By:
Department Director:
Jason Ridenour, Assistant City Manager
Final Approver: John Lollis, City Manager
CITY COUNCIL AGENDA – AUGUST 15, 2023
SUBJECT: Animal Control Commission Report
SOURCE: Police
COMMENT: Police Department staff have received a request from the Porterville Animal Control Commission (PACC), specifically relating to their desire for a few changes/additions to the Porterville Animal Control Unit and the new Animal Control building soon to be completed. The PACC’s requests are as follows:
1. Name the new animal shelter “Augie Gonzalez Memorial Porterville Animal Shelter.”
The loss of the late Augie Gonzalez, the previous Porterville Animal Control Supervisor, was not only tragic, but it affected the Police Department, the residents of Porterville, and the PACC. The PACC believes Augie’s dedication to the residents of Porterville and the animal shelter should be recognized, and they believe this recognition should come by way of naming the new animal shelter after him. The PACC would like all Porterville residents and shelter employees for generations to come to remember Augie, and dedicating the building to him is their way of thanking him for his service.
2. Rename “Porterville Animal Control" to “Porterville Animal Services.” The PACC believes the Animal Control Unit is a service-oriented unit, and not merely a place to house, or “control”, animals. The PACC believes the unit is staffed by wonderful people who are excellent at what they do, and they perform a great “service” rather than “control” the animals.
3. Rename “Porterville Animal Control Commission” to “Porterville Animal Services Commission.”
In line with the renaming of the Porterville Animal Control Unit to Porterville Animal Services, the PACC would like to rename the commission to the Porterville Animal Services Commission.
In regard to the request to name the new animal shelter after Augie, Department staff agrees with the PACC that Augie should be recognized as a valuable and dedicated City employee who cared greatly about the residents of Porterville and the animals sheltered. However, there have been many great and muchappreciated people that have contributed to the City’s success that have not had entire buildings named after them. For instance, Pete McCracken and Jay Coleman dedicated much of their time to the City, and to recognize them, rooms at City Hall have been dedicated to them. It is the Department staff’s recommendation, based on past practice, the City could consider doing the same for Augie, by either dedicating a conference room at the new animal shelter and/or displaying a plaque or memorial near the entrance.
Regarding the PACC’s request to rename Porterville Animal Control to Porterville Animal Services, Department staff agree with the PACC. The Porterville Animal Control Unit provides a much-needed service to the city, its residents, and animals. The unit is not in the business of controlling animals, but in the business of providing a much needed service to the animals, animal owners and the community.
Should the name change from Porterville Animal Control to Porterville Animal Services be granted, the commission title should also change from the Porterville Animal Control Commission to the Porterville Animal Services Commission.
RECOMMENDATION: Information Only
ATTACHMENTS:
Appropriated/Funded:
Review By:
Department Director:
Jake Castellow, Chief of Police
Final Approver: John Lollis, City Manager
Item No. 1.
CITY COUNCIL AGENDA – AUGUST 15, 2023
SUBJECT: Authorization to Purchase Replacement Repair Materials for City Well No. AP1 SOURCE: Public Works
COMMENT: The City Well No. AP-1, located at the Porterville Airport, has experienced an operational failure. The operational demands of the water system depend on all wells being operational, so it is imperative to restore the operation of this well.
Failure to correct this issue would affect the City’s overall water system pressure and production capabilities during the summer months.
The City's Public Works Department Water Utility Division staff pulled this well and accessed its current condition, which resulted in the need to replace the submersible pump, motor, and electrical wiring. Staff requested three quotes from three different pump companies and received three quotes back for the replacement motor, pump bowls, and new wire:
Company: Total:
S.A. Camp and Drilling Company $15,636
Zim Industries $11,504
Carver Pump $11,039
Carver Pump Company was identified as the lowest bidder for the replacement materials. Staff's recommendation is to proceed with the purchase of repair materials for AP-1 from Carver Pump Company at a cost not to exceed $12,143 (inclusive of all parts, taxes, labor, and a 10%contingency). The funding source for the purchase of replacement parts will be funded by Water Operating Fund.
RECOMMENDATION: That the City Council:
1. Direct the Finance Director to initiate a Purchase Order to Carver Pump Service in an amount not to exceed $12,143 for the cost of the replacement motor for City Well No. AP-1; and
2. Direct the Finance Director to make payment to Carver Pump and Drilling Company upon receipt of the invoice approved by the Public Works Director.
ATTACHMENTS: 1. S.A. Camp Pump and Drilling Company Quote
2. Zim Industries Inc. Quote
3. Carver Pump Service Quote
4. Locator Map
Item No. 1.
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
CITY WELL AIRPORT 1
ENGINEERING DIVISION
CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 LOCATOR MAPWILDCAT WAY
HOPE AVE
THUNDERBOLT DR
PORTERVILLE
AIRPORT
Item No. 2.
CITY COUNCIL AGENDA – AUGUST 15, 2023
SUBJECT: Authorization to Purchase Specialized Equipment - Grit Blowers SOURCE: Public Works
COMMENT: The City's Public Works Department Wastewater Treatment Facility (WWTF) Division is requesting authorization to replace two grit blowers that have reached the end of their service life. The grit blowers are a vital part of the treatment system and are used to remove inorganic matter present in the wastewater and for the pre-aeration of wastewater. The new grit blowers will improve the overall efficiency and performance of the grit removal treatment system.
The WWTF staff requested and received three quotes for the grit blowers. The quotes are for one blower.
Ferguson Enterprises - DBA
Pollardwater
$5,076.95 (freight included)
Environmental Water Solutions, Inc. $5,300 (freight not included) Universal Blower Pac, Inc. $5,336 (freight included)
Ferguson Enterprises - DBA Pollardwater has been identified as the vendor to submit the lowest quote for the purchase of two grit blowers. The expenditure for the purchase of the blowers, in the amount not to exceed $12,167, which includes two grit blowers, freight, taxes, and a ten percent (10%) percent contingency, will be funded from the Fiscal Year 2023-2024 Wastewater Operating Budget.
RECOMMENDATION: That the City Council:
1. Award the purchase of two grit blowers to Ferguson
Enterprises - DBA Pollardwater for an amount not to
exceed $12,167, which includes freight, taxes, and a ten percent (10%) contingency;
2. Direct the Finance Director to initiate a Purchase Order to Ferguson Enterprises - DBA Pollardwater for an amount
not to exceed $12,167, which includes freight, taxes, and a ten percent (10%) contingency; and
3. Direct the Finance Director to make payment to Ferguson Enterprises - DBA Pollardwater upon receipt of an invoice Item No. 2.
approved by the Public Works Director.
ATTACHMENTS: 1. Grit Blower Quotes
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
Item No. 3.
CITY COUNCIL AGENDA – AUGUST 15, 2023
SUBJECT: Authorization for Printer/Copier Replacement at the Police Department SOURCE: Police
COMMENT: The Police Department currently has a commercial-grade Kyocera printer/copier/scanner (CP17 Kyocera TA 6501) in the Records Unit, which is a 65-page-per-minute black and white model that comes with a dual-scan document processor, dual-1,500 sheet paper drawers, in addition, the standard dual-500 sheet drawers and a 150-sheet bypass, 4,000 sheet finisher, and fax.
Department staff have spoken to the Kyocera Representative and the current Department printer has been in service for more than ten (10) years. Due to its age, as well as ever-changing technology, servicing this item and obtaining parts to repair it is very difficult, if not in some cases impossible. Therefore, Department staff are seeking to replace it with a printer also capable of color printing.
California Business Machines is an established City vendor and authorized seller of Kyocera and operates under OMNIA Contract Pricing. Staff worked on a quote with California Business Machines for a TA 5054ci Color MFP, which has the same features as described above, with the exception that it operates in color and is a 50-page-per-minute model. Based on the Department’s past year's average monthly volume of 7,000 pages per month, this model is suitable for speed and durability. This 50-page-per-minute speed model is rated to perform well with this volume range and much more.
Although Kyocera prices have increased in the past several months, California Business Machines was able to hold the price at $7,510.00 plus tax. California Business Machines anticipates the equipment shipping and delivery within thirty (30) days or less of approval from the City Council.
California Business Machines has a Cost Per Page for Full-Service Maintenance Prices. However, as long as the City continues to have its copiers serviced through California Business Machines, they will bill for the Department’s actual use each month - and not require the minimum base mentioned.
Staff were provided the Kyocera's OMNIA Cooperative Contract Pricing for the model that meets the Department’s needs. OMNIA Partners, Public Sector is the most experienced cooperative purchasing organization for state and local governments. Since this contract has been competitively solicited and publicly awarded, it provides the lowest pricing while eliminating any need for multiple Item No. 3.
pricing or bids. California Business Machines works in conjunction with OMNIA and is honoring the OMNIA Competitive Contract pricing. This allows California Business Machines to invoice, service, and support the printer directly.
Staff is requesting to purchase the Kyocera TA 5054ci from California Business Machines for the amount of $7,510.00, which does not include tax. Funds for this purchase are available in the Department’s budget.
RECOMMENDATION: That the City Council authorize the purchase of a copy machine for the Police Department from California Business Machines utilizing Department budgeted funds in the amount of $7,510.00, plus the applicable sales tax.
ATTACHMENTS: 1. California Business Machines Proposal
Appropriated/Funded:
Review By:
Department Director:
Jake Castellow, Chief of Police
Final Approver: John Lollis, City Manager
PROPOSAL for Sarah Isch to replace CP17 Kyocera TA 6501 August 2, 2023
KYOCERA TASKalfa 5054ci
COLOR DIGITAL IMAGING SYSTEM
FEATURES:
• 50 PAGES PER MINUTE (Color and Black & White)
• STANDARD NETWORK PRINT, COPY, SCAN AND NETWORK FAX
• NEW 10.1” COLOR TOUCH SCREEN PANEL
• USB HOST INTERFACE / PRINT FROM AND SCAN TO USB MEMORY DEVICES • APP WHICH ALLOWS YOU TO PRINT FROM AND SCAN TO APPLE & ANDROID DEVICES • KYOCERA’S HyPAS ALLOWS ACCESS TO MANY POWERFUL BUSINESS APPLICATIONS • APPLE AIRPRINT/GOOGLE CLOUD PRINT/KYOCERA MOBILE PRINT • 320 SHEET DUAL SCAN DOCUMENT PROCESSOR (Scans Up to Images Per Minute) • 4,000 SHEET ALL POSITION STAPLING FINISHER
• STACKLESS DUPLEX UNIT (Up to 999 2-Sided Copies Per Scan) • 5 WAY PAPER FEED (4,150 Sheets)
• 2-500 SHEET USER ADJUSTABLE DRAWERS (Up to 140 Lb. Index Stock) • 150 SHEET MULTI-PURPOSE ADJUSTABLE BYPASS (Up to 110 Lb. Cover Stock) • DUAL-1,500 SHT LETTER SIZE DRAWERS
• 1200 X 1200 DPI UNENHANCED PRINT RESOLUTION; 4800 X 1200 ENHANCED RESOLUTION • UP TO 12” X 18” PAPER SIZE / BANNER PRINTS UP TO 12” X 48” • POSTER MODE
CASH PURCHASE (same as OMNIA Contract) $7,510.00 Plus Tax *INCLUDED:
• SET-UP, DELIVERY, NETWORK INSTALLATION, INSTRUCTION, AND CUSTOM SURGE AND NOISE PROTECTION.
• A COMPREHENSIVE MAINTENANCE AGREEMENT INCLUDING ALL PARTS, LABOR, AND SUPPLIES, (Except Paper and Staples), IS AVAILABLE FOR $0.0085 B&W AND $0.049 Color Pages .
4260 N . FRESNO STREET , FRESNO , CA 93726
TER I BRYMER / 225-557 1 D IRECT
Item No. 4.
CITY COUNCIL AGENDA – AUGUST 15, 2023
SUBJECT: Security Fencing and Gates Around the Police Department SOURCE: Police
BACKGROUND:
COMMENT: Police facilities need to provide distinct parking for two separate groups - the general public on one hand, and law enforcement on the other. Parking for the public requires openness to create a welcoming and inviting approach to the facility. By contrast, parking for law enforcement personnel requires security to protect vehicles, computer systems, the communication tower and other law enforcement property while also protecting personnel from those who may wish to do them harm.
In staff research, an enclosed parking area generally provides the most secure environment for Police personnel. The following are some features of a well-designed secure parking lot, many of which are built upon the principles of CPTED, or Crime Prevention Through Environmental Design.
Perimeter Protection. The entire perimeter of the secure parking area should be surrounded by an anti-climb fence. An anti-climb fence is a type that provides no handholds or footholds that might aid a potential climber.
Another feature of an anti-climb fence is that it does not allow a person to wrap an object (towel, jacket, rope, etc.) around the top to be used to help hoist them up and over. Privacy screening should be integrated into all sides of the fence that have views into the secure parking lot.
Landscaping can also be used to protect the secure parking area. Swales and thorny bushes, such as barberry or holly, should be provided on the immediate exterior of the fence to form a natural barrier. Larger trees should be set back at least ten (10) feet from the fence perimeter. If trees are closer than ten (10) feet, they should be pruned so that climbable branches are at least ten (10) feet from the ground. The Police Department currently has this type of landscaping around the exterior of the parking area.
Site Location and Layout. Location and layout are also important aspects of a secure parking area. Sightlines from public areas into the parking lot should be prevented. The parking should be situated in the rear of the Police facility, or on the side. It should not face any uphill areas, higher-rise buildings, or other elevated areas that could provide an opportunity for a shooter to see over the perimeter fence.
Item No. 4.
The secure parking area should have total closed-circuit television (CCTV) coverage with the camera feed monitored live in the facility’s main Communications Center. The use of 360-degree cameras or pan-tilt-zoom (PTZ) cameras is also recommended so that personnel monitoring the parking area from the Communications Center can concentrate on areas of interest. All exterior cameras should have infrared technologies for night use.
Keep Police Personnel Safe
The primary duty of law enforcement personnel is to safeguard the lives and property of members of the community. The design principles and technologies discussed above can, in turn, help protect those who serve to protect the community.
Currently, the Police Department facility has several of these desired designs of a secure parking lot in place. The Department has an approximate four-foot cinderblock wall bordering the east and south parking lots of the Department. However, there are no barriers at the two ingress and egress points situated along Hockett Street and Thurman Avenue. The parking lot is utilized by on-duty personnel and houses both Departmental and personal vehicles. The east side and south sides of the Police facility also have three entry and exit doors utilized by personnel at any given time and serve as the main points for Officers to respond to their Police and Detective units. Staff has identified the necessity to secure the parking lot, which includes elevating the current cinderblock wall and adding security gates to the ingress and egress points for Officer safety reasons.
Over the years, the Department has experienced a wide array of individuals walking into the parking lot with the ill intent of either damaging property or engaging in thievery. Additionally, due to the height of the existing wall, individuals can easily climb over it and into the parking lot near areas where Department personnel may be present and engaging in Police activity. If approved, the fence height approval and security gates will help eliminate any future threatening situations and help keep the Officers and City property safe.
Due to the Department being in the Downtown corridor, permission for this type of fencing is required. The Zoning Administrator provided relief to accommodate the height of the proposed security fence in accordance with Porterville Municipal Code Chapter 21 Development Code § 610.02(b).
Staff contacted three companies and received two quotes for the project.
The third company located in Visalia was non-responsive. The following quotes were obtained:
Anderson Fence Company – $141,624.12
Chiapa Welding, Inc., - $79,455.00.
Item No. 4.
Funding for this project is available in part from the Police Departments Asset Forfeiture Account, and the remaining balance is available in the Police Department budget.
ANALYSIS:
ENVIRONMENTAL
REVIEW:
RECOMMENDATION: That the City Council:
1. Authorize Police Department staff to negotiate the security fencing project with Chiapa Welding, Inc., for a total cost not to exceed $79,455.00. as well as a ten percent (10%) contingency for the total purchase; and
2. Authorize payment to Chiapa Welding, Inc. upon project completion.
ATTACHMENTS: 1. Anderson Fence Co. Quote (Fencing)
2. Anderson Fence Co. Quote (Entrance Gates)
3. Chiapa Welding, Inc. Quote
Appropriated/Funded:
Review By:
Department Director:
Jake Castellow, Chief of Police
Final Approver: John Lollis, City Manager
Name: City of Porterville
Address: 291 N Main St
City: Porterville, CA 93257
Phone: (559)333-6169 Jordan
Height: 3 ’ Job Address: Porterville Police Department
Length: 559’ Date: 02/24/2023
Type of Material: Wrought Iron Pre-galv Powder coated PRICING Top Rail: 1 ½” Fencing: 79,010.38
End Posts: 3” Gates: 27,752.52
Line Post: 3” Extra:
Gates: 2 - 25’x7ft Roll Gates Total: $106,762.90
Proposal to furnish all labor and materials needed to install 3’ tall wrought iron panels on to of block wall with two 25’ roll gates.
Customer hereby assumes full responsibility for the location of the line upon which said fence material are to be installed, and agrees to be responsible for moving any shrubs, foliage, or existing fencing and for leveling ground. NOTE: Full payment due on job completion, 1 ½% per month interest charged on overdue accounts. 18% per year.
Approved and Accepted Contractor
______________________ ________________ ______________________ Customer Date Lic. # 933770
2/24/2023
Quote Good Till 4/25/2023
Entrance Gates
UL 325 Compliant Gate Operator
Estimate
Line# Description Qty Price Ext Price Task Hrs. Total Hrs. 1 Maximum Controls Rhino 2 3,500.00 7,000.00 5 10
2 IR-MON photo eye 2 425.00 850.00 1 2
4 EDGE 4 325.00 1,300.00 1.5 6
5 Saw cut Loops / 2 detectors each 4 1,050.00 4,200.00 2 8 8 Antenna/click 2 enter 2 1,300.00 2,600.00 2.5 5
9 Wire shielded 4c 18ga Lvolt 185 2.69 497.65 1 4
Options: 35
Slidedriver Hydraulic Operator Add 42,000.00
Material Only 16,447.65
Tax 1439.17
Sub Total 17,886.82
Labor 16,975.00
Total $ 34,861.82
Price does not include pulling permit, running power.
Item No. 5.
CITY COUNCIL AGENDA – AUGUST 15, 2023
SUBJECT: Authorization to Distribute Request for Qualifications (RFQ) for On-Call Right-of-Way and Appraisal Consulting Services
SOURCE: Community Development
COMMENT: Pursuant to City Council Resolution No. 13-2018, the City utilizes the selection and contracting procedures detailed in Chapter 10 of the Caltrans Local Assistance Procedures Manual to procure consultant contracts in the event a project involves State or Federal funds. Professional services are contracted through demonstration of competency and qualifications-based standards to ensure compliance with the Brooks Act and Government Code governing professional standards. Since 2019, the City has maintained on-call consulting services contracts with three consulting firms to provide right-of-way and appraisal services. On-call consulting services contracts must be circulated on an on-going basis, not to exceed five years, to provide fair and open competition. Staff is seeking authorization to distribute a Request for Qualifications (RFQ) for said services.
The services to be rendered would consist of, but not be limited to, the preparation of appraisal and acquisition documents and other related items as necessary to comply with the Uniform Act, and would be utilized on a number of projects identified in the City’s Capital Improvement Plan that require specialization outside of the scope that the Department is able to perform with its own staff. Although the Community Development Director or designee will review the consultant’s work, the selected consultants must have a substantial working knowledge on the Uniform Relocation and Real Property Acquisition Policies Act and State eminent domain law, and possess appropriate appraisal licenses in accordance to the degree, complexity and value of the appraisal required. Lastly, in response to increased regulatory guidance from Caltrans for State and Federally funded transportation projects, consultants must possess the ability to prepare all documents in a manner compliant with Caltrans’ Local Agency Procedures and Right-of-Way Manuals.
RECOMMENDATION: That the City Council authorize staff to distribute a Request for Qualifications for on-call right-of-way and appraisal consulting services.
ATTACHMENTS: 1. Draft Request for Qualifications
2. Resolution No. 13-2018
Appropriated/Funded:
Item No. 5.
Review By:
Department Director:
Jason Ridenour, Assistant City Manager
Final Approver: John Lollis, City Manager
REQUEST FOR QUALIFICATIONS
On-Call Right of Way and Appraisal Services
PREPARED BY:
DEPARTMENT OF COMMUNITY DEVELOPMENT
AUGUST 2023
APPROVED BY:
________________________
JASON RIDENOUR
Assistant City Manager
I INTRODUCTION AND OBJECTIVES:
The City of Porterville (hereinafter referred to as ''CITY'') is requesting statements of qualifications (SOQs) to establish a list of competent consultants to provide on-call right of way and appraisal services for multiple Capital Improvement Projects through task orders on an asneeded basis.
II EXAMINATION OF REQUEST FOR QUALIFICATIONS (RFQ) DOCUMENTS:
By submitting a 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 Request for Qualifications (RFQ) will be made by written addendum.
No verbal modification shall be binding.
IV SOQ REQUIREMENTS:
Submittal: One PDF version must be received by:
4:00 p.m., Friday, September 15, 2023
Addressed to: Community Development Department
City of Porterville
Attention: Jason Ridenour
[email protected]
Email Subject: “RFP No. ________ On-Call Right of Way and Appraisal Services” Late or incomplete Proposals will not be accepted and will be automatically disqualified from further consideration. All Proposals and any accompanying documentation become the property of the City of Porterville and will not be returned.
INQUIRIES:
RFQ’s may be inspected and electronically downloaded at no cost, at the Public Purchase website, https://www.publicpurchase.com. No copies of said documents will be provided by the City. All addenda and correspondence during the bid process will be handled electronically through the Public Purchase website. Proposals can also be submitted by email in a PDF format to [email protected].
Questions regarding this project are due no later than Wednesday, September 13, 2023.
The City of Porterville is an Equal Opportunity Employer.
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:
CITY shall not be liable for any pre-contractual expenses incurred by CONSULTANT in the preparation of proposals. Pre-contractual expenses shall not be included in the cost proposal.
Pre-contractual expenses are defined as expenses incurred by the CONSULTANT in:
1) preparing and reproducing its proposal in response to this RFQ; 2) submitting its proposal to CITY; 3) negotiating with CITY any matter related to this RFQ and CONSULTANT's proposal; 4) other matters prior to the date of award of a Contract.
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 statement entitled “Exceptions and Deviations.”
VII CONSULTANT REPRESENTATIVE:
The CONSULTANT shall assign a responsible representative, “project manager” and an alternate, both of whom shall be identified in the SOQ. The CONSULTANT's project manager shall remain in responsible charge for the duration of the project. Should the CONSULTANT's project manager be unable to continue with the project, the CONSULTANT's alternate shall become the project manager. 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:
Jason Ridenour, Assistant City 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 $1 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 of the 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. In accordance with federal-aid funded projects, Disadvantaged Business Enterprise (DBE) requirements must be met. The DBE participation goal percentage will be established on a project-by-project basis. In addition, contracts shall not be awarded to a consultant without an adequate financial management and accounting system as required by 48 CFR Part 16.301-3, 2 CFR Part 200, and 48 CFR Part 31.
XIII SOQ EVALUATION CRITERIA:
Evaluation criteria used to select the CONSULTANT shall include, but not be limited to, the following:
A. Firm(s) experience with similar projects;
B. Firm(s) key personnel qualifications/certifications and experience, especially the project manager and individuals performing services;
C. Firm(s) understanding of the project requirements;
D. Firm(s) ability to provide the required services in a timely and cost-effective manner to meet the required schedule;
E. Firm(s) policy in providing Equal Employment Opportunity; and F. Firm(s) approach to provide the best product for CITY.
The attached CITY’S Consultant Selection Rating Form shall be used to rate each firm.
XIV CONSULTANT SELECTION AND INTERVIEWS:
CITY selection committee, consisting of the Contract Administrator and at least two additional staff members familiar with the project requirements, will review all 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 highest ranked CONSULTANT(s) may be invited for oral interviews with CITY team. Interviews, if deemed necessary by CITY, are tentatively scheduled for October 4 and 5, 2023. 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 proposals. CITY reserves the right to reject any and all proposals prior to award of a Contract. All cost proposals not opened shall be returned to their respective firms.
XVI CONTRACTS/AGREEMENTS:
The successful CONSULTANTs shall enter into upcoming Contracts with CITY that are based on the contents of this RFQ, the CONSULTANT's proposal, and CITY Contract. Where two or more CONSULTANTs desire to submit a single proposal (joint venture), only one CONSULTANT shall be listed as prime CONSULTANT. All others shall be listed as subconsultants. The list of chosen on-call CONSULTANTs is expected to be presented at the City Council meeting scheduled for Tuesday, October 17, 2023. Issuance of this RFQ and receipt of proposals does not commit CITY to award a Contract. CITY reserves the right to postpone award of a Contract for its own convenience, accept or reject any or all proposals received in response to this RFQ, negotiate with any CONSULTANT on the chosen on-call list, and cancel any or all portions of this RFQ and resulting Contract. CITY also reserves the right to award individual or groups of projects to different firms at the sole discretion of CITY.
XVII COMPENSATION:
A. All items of work required for completion of the projects to result from this RFQ shall be paid for following the cost proposal formats of Caltrans’ LAPM Chapter 10. Costs for any
and all items not specifically listed, but required to complete the work for projects (including all exceptions and deviations stated included in CONSULTANT's proposal), shall be included as part of the total cost proposed. No additional compensation shall be paid for such items. No additional compensation shall be given for any reproduction costs, except those in excess of the requirements stated in this RFQ. Only a change in scope or any significant task addition or increase shall receive consideration for additional compensation.
B. lf the CONSULTANT feels that any work it has been directed to perform is beyond the scope of the Contract and constitutes extra work, it shall notify CITY in 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 STATEMENT OF QUALIFICATIONS (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 with modified personnel.
2. If subconsultants are used, names of subconsultant's key personnel for the project, their professional experience, qualifications/certifications, and training, which are applicable to this project, and the scope of services that will be provided by each subconsultant.
3. The office location from which the CONSULTANT(s) shall operate along with telephone and/or cell number of the project manager.
C. SOQ Format:
1. SOQs shall contain no more than twenty (20) pages, excluding cover sheet, table of contents, index sheets, and resumes. Cover letters will be counted as part of the twenty pages.
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 to the technical aspects requested in the “Right of Way Consultant Qualifications and Selection Criteria”; and h. Exceptions to or deviations from the requirements of this RFQ, separating technical exceptions from contractual exceptions. Any alternative approach proposed by the CONSULTANT shall be thoroughly explained and shall meet the objectives of CITY.
Item No. 6.
CITY COUNCIL AGENDA – AUGUST 15, 2023
SUBJECT: Authorization to Issue a Request for Proposals (RFP) for Retail Recruitment Software Firm
SOURCE: Community Development
COMMENT: At its December 2, 2008 meeting, the City Council authorized City staff to negotiate a contract for a retail recruitment strategy with Buxton, a data-driven customer analytics software platform. The City contracted with Buxton in January 2009 to support strategic retail recruitment efforts.
Since 2009, City staff has continued to utilize the Buxton software platform.
The information provided throughout the years by Buxton has been instrumental in recruiting several retailers to Porterville. The platform includes the following components: Mobilytics, SCOUT and Match. The Mobilytics component analyzes mobile foot traffic data to create and visualize mobile datasets for any place by providing a view of how foot traffic changes over time, creating demographic profiles of an area’s visitors and providing an accurate view of consumer behavior in the trade area. The SCOUT component allows for data visualization in a map-based interface. The Match component provides additional analytic tools to discover which retail, restaurant or consumer service brands are the best matches for any site locally and nationally.
The Buxton software has helped present a compelling case to prospective tenants with data-driven insights. The City’s contract with Buxton expired on July 31, 2023.
A Request for Proposals (RFP) for retail recruitment software firms is being recommended at this time as new technology is constantly developing and would ensure that the newest cutting-edge software options are being assessed to ensure the City continues to leverage the latest and most effective tools for retail recruitment efforts. This may present the City with software solutions that offer similar services at a more competitive price point or that offer more services for the same or similar price point.
RECOMMENDATION: That the City Council authorize staff to distribute a Request for Proposals for retail recruitment software firms to support local economic development.
ATTACHMENTS: 1. Draft Request for Proposals for Retail Recruitment Software Firm
Appropriated/Funded:
Item No. 6.
Review By:
Department Director:
Jason Ridenour, Assistant City Manager
Final Approver: John Lollis, City Manager
1 CITY OF PORTERVILLE
REQUEST FOR PROPOSALS FOR
RETAIL RECRUITMENT SOFTWARE FIRM
RFP No. ________
The City of Porterville, (hereinafter “City”) is initiating this Request for Proposals (RFP) to solicit Proposals from Firms interested in supplying a fully developed and established software application and reporting solution for retail recruitment market strategy purposes including market research, geofencing, site selection, data analytics and data visualization, in accordance with the terms and conditions set forth in this RFP, and any other term(s) and condition(s) in any contract subsequently awarded.
Submittal: One PDF version must be received by:
5:00 p.m., PST Friday, September 8, 2023
Addressed to: Community Development Department
City of Porterville
Attention: Jason Ridenour
[email protected]
Email Subject: RFP No. ________ Retail Recruitment Software Firm Late or incomplete Proposals will not be accepted and will be automatically disqualified from further consideration. All Proposals and any accompanying documentation become the property of the City of Porterville and will not be returned.
INQUIRIES:
Proposal forms may be inspected and electronically downloaded at no cost, at the Public Purchase website, https://www.publicpurchase.com. No copies of said documents will be provided by the City. All addenda and correspondence during the bid process will be handled electronically through the Public Purchase website. Proposals can also be submitted by email in a PDF format to [email protected].
Questions regarding this project are due no later than Wednesday, September 6, 2023.
The City of Porterville is an Equal Opportunity Employer. 2 I. DEFINITIONS
Definitions for the purposes of this RFP include:
City – The City of Porterville, a California State municipal corporation, the agency issuing this RFP.
Cloud-Based – Software that is available on demand through an internet connection without the need for software installation, where data is accessible from any device connected to the cloud.
Firm – Individual or company interested in becoming a Proposer.
Proposal – A formal offer submitted in response to this solicitation.
Proposer – Individual or Firm submitting a Proposal in order to attain a contract with the City.
Request for Proposals (RFP) – Formal procurement document in which a service or need is identified but no specific method to achieve it has been chosen. The purpose of an RFP is to permit the consultant community to suggest various approaches to meet the City’s needs at a given price.
Retail Recruitment Software (also referred to as “software” or “retail recruitment software services”) – Descriptive term used to define the scope of services the City is procuring.
Selected Firm– Individual or company whose Proposal has been accepted by the City and is awarded a fully executed, written contract.
II. INTRODUCTION
The City of Porterville, through its Community Development Department, (hereinafter “City”) is initiating this RFP to solicit Proposals from Firms interested in providing a fully developed and established software application and reporting solution for retail recruitment, market research, geofencing, site selection, data analytics and data visualization, in accordance with the terms and conditions set forth in this Request for Proposal (RFP), and any other term and condition in any contract subsequently awarded. The City intends that the Selected Firm shall provide Retail Recruitment Software, technical training, system specifications, and ongoing support. The Selected Firm shall be selected and determined through the City’s review of each response, considering the factors identified in this RFP and any other factors that it considers relevant to serving the best interests of the City and its mission. The City shall select one Firm that proposes to provide all software services specified in this RFP.
III.MINIMUM QUALIFICATIONS
The Proposer must be licensed to do business in the State of California. The Proposer must have a minimum of five (5) years of experience in developing and maintaining retail recruitment software.
IV.FUNDING
Any contract awarded as a result of this procurement is contingent upon the availability of funding.
3 V. PERIOD OF PERFORMANCE
Subsequent to the selection of the awarded Proposer, the contents of the Proposal shall become a contractual obligation if a contract ensues. Failure of a Proposer to accept this obligation will result in the cancellation of the contract award.
The period of performance of any contract resulting from this RFP is tentatively scheduled to begin on or about October 1, 2023, and to end on September 30, 2024, with the opportunity to extend the contract yearly based on performance.
VI. SCOPE OF SERVICES
The City of Porterville is seeking Proposals from Firms with experience in managing fully developed software to enter into a contract for services focusing on local economic development. The Selected Firm shall provide an established software application and reporting solution for purposes including market research, site selection, geofencing, data analytics and data visualization and render services as identified below as an independent contractor and not as an agent, representative, or employee of the City of Porterville. The software and services shall be known as “retail recruitment software services” and shall include, but not limited to the following:
A. Complete automated, supported and comprehensive Retail Recruitment Software for use in market analysis of local and nationwide geographic locations. The software shall be user-friendly and Cloud-Based.
B. Training of City Staff to include end-user, intermediate and technical-level training sufficient for City Staff to operate independently of the Firm must be included. a. Proposers must have sufficient resources to provide ongoing technical training to City Staff for all aspects of the Retail Recruitment Software. b. Training must include a conceptual overview of all aspects of the Retail Recruitment Software and how they interact and interface with each other. c. The cost of training, if any, must be clearly stated in detail of the RFP submission.
C. Ongoing technical support and software updates to provide for security patches, bug fixes, technological advances and product enhancements shall be accounted for by the Proposer.
D. The Selected Firm shall be responsible for providing product specifications, software configuration and updating the City of any changes or additions to available services. a. The Proposer must demonstrate the ability to support City Staff with utilization of the Retail Recruitment Software. Support must take the form of providing ongoing training resources, and timely resolution of problems identified by City Staff. Furthermore, the on-going support must have the capacity of using internetbased Remote Desktop sharing for on-line problem solving and analysis. b. The Proposer must describe any training options available to City Staff in relation to the Retail Recruitment Software, the process for new implementations, customizations, and enhancements and provide all documents pertinent to training.
4 VII. RETAIL RECRUITMENT SOFTWARE SPECIFICATIONS
A. Client and server software should be installed on a Microsoft Windows platform and support future Microsoft operating system platforms.
B. Reports generated by the application should easily be exported to a PDF, Excel Spreadsheet and/or a Word document format for reporting and for further analysis.
Additional formats are welcome.
C. The Retail Recruitment Software should employ unique user access accounts.
D. The Proposer should explain what types of documentation are available with the software. At least one complete set of User Manuals must be provided with the software. Proposer should explain what on-line training tools are available and how they are accessed from within the software or the company’s website.
E. The software should allow an unlimited number of queries and reports.
The software should provide expansive reporting options including preconfigured reports based on site selection needs, geofencing and other data reporting specifications based on industry best practices. Examples include software with the following features. The order in which features appear is not intended to indicate their relative importance:
• Functionality on a variety of platforms (Windows, Mac, Mobile (iPhone/Android) • Geofencing capabilities.
• Foot traffic analysis.
• Custom reports that can be saved and accessed at any time. • Fully packaged, downloadable reports for prospective clients. • Shareable online links to reports.
• Data analytics with real-time visual representations. • Site management tools.
• Client management database.
• Descriptive marketing tools to identify psychographics, demographics, workforce, foot and vehicular traffic, and spending.
• Predictive consumer behavior tracking: Customer journey descriptions of crossshopping habits. • User-friendly dashboards.
• User-friendly interface.
VIII. REJECTION OF PROPOSALS
The City reserves the right to reject all Proposals received as a result of this RFP, or to negotiate separately with any source whatsoever in any manner necessary to serve the best interest of the City.
IX. SOFTWARE AS A SERVICE
The City is not liable for any pre-contractual costs incurred by Firms prior to issuance of a contract. Pre-contractual costs are defined as expenses incurred by the Firm in: (a) preparing the Proposal in response to this RFP; (b) submitting that Proposal to the City; (c) negotiating withthe City in any manner related to this Proposal; or (d) any other expenses incurred by 5 Firm prior to date of award, if any, of the contract. Firm shall not include any such expenses as part of thebid in response to this RFP.
X. ADDENDA
It is the responsibility of Proposers to check the purchasing webpage https://www.publicpurchase.com for Addenda or other additional information that may be posted regarding this RFP.
XI. QUESTION DEADLINE
Questions regarding this project are due no later than Wednesday, September 6, 2023, through https://www.publicpurchase.com.
XII. RESPONSE DATE
All Proposals shall be received by the City of Porterville by 5:00 p.m. PST on the Public Purchase website by Friday, September 8, 2023.
XIII. PROPOSALS
To be considered, Proposers must submit a complete response to this RFP using the format required on the Public Purchase website https://www.publicpurchase.com. One (1) original Proposal must be submitted to the City of Porterville’s Community Development Department via Public Purchase’s website.
XIV. SELECTED FIRM RESPONSIBILITIES
The Selected Firm will be required to assume responsibility for all services offered in his/her Proposal, regardless of who produces them. Furthermore, the City will consider the Selected Firm to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract.
XV. CONTRACT PAYMENT
The Selected Firm will submit invoices to the City of Porterville’s Community Development Department, to the attention of the Director, or their designee. Payment for contract services entered into as a result of this RFP within thirty (30) days of receipt of an invoice.
XVI. EQUAL OPPORTUNITY AFFIRMATIVE ACTION
The Selected Firm shall adhere to all federal and state regulations in respect to equal opportunity, affirmative action and minority representations. Minority Firms and womenowned business enterprises are encouraged to apply.
The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprise (DBE) will be afforded full opportunity to submit Proposals in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, handicap, gender, religion or sexual orientation in any consideration leading to the 6 award of contract.
No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity leading to the award of contract.
XVII. PROPOSAL REQUIREMENTS
All Proposals shall be organized in the following manner:
A. Proposer’s Contact Information
Name, address and telephone number of the Proposer. The name and title of the individual authorized to negotiate contract terms and make binding commitments shall be included.
B. Proposer Capacity and Experience
a. Firm’s Team Structure / Internal Controls
Provide a description of the Firm’s team structure. Provide an organizational chart of the Firm indicating lines of authority for personnel involved in performance of this potential contract and relationships between the Firm’sstaff to other programs or functions of the Firm.
b. Staff Qualifications / Experience
Identify Firm’s staff, including subcontractors, who may be assigned to the potential contract, indicating the responsibilities and qualifications of such personnel to be assigned to the project.
c. Itemized Retail Recruitment Software Qualifications
Provide a clear breakdown of software capabilities:
i. Itemize each feature of the software.
ii. Include a visual presentation deck or visual representation of the software’s capabilities.
iii. Provide a visual representation of how data is exported and shared with prospective retailers.
iv. If possible, provide one (1) case study of software utilization by another client, preferably a municipality or other public-facing entity. d. Experience of the Proposer
Indicate the experience the Proposer and any subcontractors have in the following areas:
i. Indicate other relevant experience that indicates the qualifications of the Proposer, and any subcontractors, for the performance of the potential contract.
ii. Include a list of contracts the Proposer has had during the last five (5) years that relate to the Proposer’s ability to perform the services needed under this RFP. List contract reference numbers, contract period of performance, contact persons, telephone numbers, and fax numbers/e-mail addresses. The Proposer grants permission to the City to contact the list provided.
C. References
List names, addresses, telephone numbers, and fax numbers/e-mail addresses of three (3) businesses (preferably municipalities or other public-facing entities that utilize Retail 7 Recruitment Software for their local economic development and retail recruitment strategies or for similar uses) references for whom work has been accomplished and briefly describe the type of services provided. The Proposer grants permission to the City to contact the references provided. Do not include current City Staff as references. The City may evaluate references at the City’s discretion.
D. Related Information
If the Proposer has had a contract terminated for default in the last five (5) years, describe the incident. Termination for default is defined as notice to stop performance due to the Proposer’s non-performance or poor performance and if the issue of performance was either:
a. Not litigated due to inaction on the part of the Proposer, or b. Litigated and such litigation determined that the Proposer was in default. Submit full details of the terms for default including the other party's name, address, and phone number. Present the Proposer’s position on the matter. The City will evaluate the facts and may, at its sole discretion, reject the Proposal on the grounds of the past experience. If no such termination for default has been experienced by the Proposer in the past five (5) years, so indicate.
XVIII.COST PROPOSAL
The evaluation process is designed to award this procurement not necessarily to the Proposer that proposes the least cost, but rather to the Proposer whose Proposal best meets the requirements of this RFP.
A. Identification of Costs
Identify all costs, including expenses to be charged for performing the services necessary to accomplish the objectives of the contract. Submit a fully detailed budget including the Firm’s staff costs and any expenses necessary to provide software access to the City under the contract. Firms are required to collect and pay California state sales tax, if applicable.
For licensing and pricing purposes, Proposers should provide cost detail for simultaneous concurrent users or unique user account licenses.
At a minimum the cost proposal shall include the following:
• Fees for software and/or software license costs.
• Professional service fees for implementation, training, conversion, project management and related services, if any.
XIX. EVALUATION CRITERIA
The Proposals received will be reviewed by City Staff. This RFP is competitive and priority will be given to Proposals that most closely meet the needs of the City. All Proposals will be fully considered and rated by the evaluation team. The City may use some or all of the following criteria in its evaluation of Proposals submitted. The following list of criteria is not necessarily an all-inclusive list. The order in which criteria appear is not intended to indicate their relative importance:
• Price: Analysis of cost competitiveness.
• Responsiveness to RFP Requirements: Quality of the information submitted in the Proposal based on completeness, relevance, conciseness and organization of material presented.
8 • Project Understanding: The level to which the Proposer understands the needs of the City, the scope of the software being sought in relation to the Proposer’s expertise and ability to provide Retail Recruitment Software services to the City. • Proposer’s Experience: Recent experience in providing similar retail recruitment software services to other public agencies.
• References: Ability to provide references for the City’s review.
The City may also contact and evaluate the Proposer’s references; contact any Proposer to clarify any response; contact any current users of a Proposer’s services; solicit information from any availablesource concerning any aspect of a Proposal; and seek and review any other information deemed pertinent to the evaluation process.
The City shall not be obligated to accept the lowest-priced Proposal, but shall make an award in the best interest of the City.
Item No. 7.
CITY COUNCIL AGENDA – AUGUST 15, 2023
SUBJECT: Authorization to Execute Consultant Agreement - Porterville Public Library Project Design
SOURCE: Engineering and Project Management
COMMENT: At it's meeting on June 6, 2023, the City Council authorized staff to begin negotiations for a scope and services contract with Paul Halajian Architects for the design of the Porterville Public Library Project. During negotiations it was determined that in order to help ensure the successful design and construction of the library and future sports complex, additional scope items would need to be included in the consultant contract. Those items included a traffic study, sportsplex master planning, and additional services, testing, and plans that are required and critical to the overall construction of the site outside of the design of the library itself. The contract also includes support during the bidding and construction phases.
Initial negotiations led to a proposed contract price equivalent to 11.75% of the project estimate. After further negotiations and discussions, it was determined that some money could be saved if the number of design options were limited to three during the conceptual design phase of the project and limiting the number of meetings and outreach done as the "Needs Assessment" for this project had been so extensive. These adjustments in the scope led to a new contract price equivalent to 10.75% of the project estimate ($3,226,000). For any other savings to be realized, the contract would have to be adjusted to eliminate the use of the specialty sub-consultants for the items detailed in the "Needs Assessment", which could present issues during construction and the use of the building as their expertise would ensure the overall function of the facility. The negotiated design services for the Porterville Public Library Project are at a not to exceed amount of $2,506,784 (8.35% of the project estimate) and the construction support services are at a not to exceed amount of $719,216 (2.4% of the project estimate). Funding for the sportsplex master planning in the amount of $18,000 is available in federal Community Development Block Grant (CDBG) funds. Funding in the amount of $746,000 is provided by the Building Forward Library Infrastructure Grant, with the remaining $2,462,000 available from Risk Management Insurance funds.
Staff has found the negotiated price acceptable.
RECOMMENDATION: That the City Council:
1. Authorize the Engineering and Project Management Director to execute the Consultant Service Agreement for the design of the Item No. 7.
Porterville Public Library Project with Paul Haljian Architects in the amount of $3,226,000; and
2. Authorize progress payments up to one hundred percent (100%) of the fee amount.
ATTACHMENTS: 1. Draft Service Agreement
2. Attachment A - Scope of Work and Fee Proposal
3. Locator Map
Appropriated/Funded:
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
Rev. 2013-02-19
SERVICE AGREEMENT
DATE: August 16, 2023
PARTIES: City of Porterville, a California municipal corporation, hereinafter referred to as "CITY"; and Paul Halajian Architects, 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: Porterville Public Library Project Design 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 not to exceed three million two hundred twenty-six Dollars ($3,226,000).
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 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 occurrence; fully protecting CITY, its elected and appointed officers, employees, agents and assigns, against all claims arising from the negligence of CONSULTANT and any Service Agreement
injuries to third parties, including employees of CITY and CONSULTANT. (v) To the fullest extent permitted by law, and subject to California Civil Code Sec 2782.8, CONSULTANT agrees to indemnify, including cost to defend, City, its elected and appointed officers and employees, from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant and its employees or agents in the performance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of City; and does not apply to any passive negligence of the City unless caused at least in part by Consultant. City agrees that in no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault. However, if one or more defendant/s is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs and reallocate as allowed by law or stature. This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.
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.
Service Agreement
SECTION 11. ENTIRE CONTRACT:
It is understood and agreed that this Service Agreement represents the entire Agreement between the parties. Should it be necessary to institute legal proceedings to enforce any and all of the covenants 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
SCOPE OF WORK AND FEE PROPOSAL
CLIENT: City of Porterville
291 N. Main Street
Porterville, CA 93257
ATTN: Sarah Weaver – Project Manager
PROJECT: Porterville Public Library
Design Services
DATE July 21, 2023, Revised July 31, 2023
PHA Project No. 2023-14
Encl: ATTACHMENT “A”
Dear Sarah:
Per your request, we have prepared the following Scope of Work and Fee Proposal to provide Professional Design services for the new Porterville Public Library. We are excited about working with the library stakeholders in Porterville to bring a much needed new state-of-the art library to the community. Based on the information contained in the March 2023 Request for Qualifications, the 2021 Library Services and Facility Needs Assessment, and information obtained at our June 19, 2023, meeting, we have garnered a firm understanding of the project scope, required services, and overarching goals.
The new library as envisioned by the Needs Assessment calls for a robust building with a wide range of amenities that will provide library services to a broad cross-section of the Porterville community. Civic open spaces that extend library services and support community engagement are also vital to take full advantage of this significant investment of public funds. The spaces identified in the program equipped with the necessary infrastructure will ensure that the library functions as intended to meet the needs of patrons for this and future generations. Spaces that have not routinely been provided in libraries such as a family gaming area, a creation space, media lab, learning kitchen, café and business center will be provided. Additionally, the site selected for the library requires study of the surrounding area to evaluate the impact of development. The City has asked us to provide masterplanning services and traffic impact assessment to capitalize on the synergy between the new library and the proposed sports complex immediately to the south.
To ensure that the library is well conceived, well designed, and well documented, our comprehensive team features consulting engineers and specialty consultants, many of whom we have worked with on the design of other libraries. Below is a list of the members of the Design Team and on ATTACHMENT “A,” a detailed description of the services and scope of work for each member of the design team is provided. • Architect Paul Halajian Architects Clovis, CA
• Structural Engineering Parrish Hansen Structural Engineers Clovis, CA • Mechanical Engineering Lawrence Engineering Group Fresno, CA • Electrical Engineer Rose Sing Eastham Visalia, CA
• Interior Design/Library Planning Noll & Tam Architects Berkeley, CA • Civil Engineering Blair Church and Flynn Clovis, CA
• Landscape Architecture O’Dell Engineering Pleasanton, CA • Acoustical Consulting Charles M. Salter Associates San Francisco, CA • Audio/Visual Consulting Charles M. Salter Associates San Francisco, CA • Security Consulting Charles M. Salter Associates San Francisco, CA • Telecom Consulting Charles M. Salter Associates San Francisco, CA • Lighting Consulting Miniscule Lighting Design San Francisco, CA • Fire Sprinkler Design Lawrence Engineering Fresno, CA • Food Service Consulting Webb Foodservice Design Anaheim, CA • Signage and Wayfinding Paul Halajian Architects Clovis, CA • Commissioning Lawrence Engineering Fresno, CA
• Cost Estimating Sierra West Group Sacramento, CA
• Traffic Engineering Peters Engineering Clovis, CA
• Geotechnical Engineering Krazan & Associates Clovis, CA
What follows is an overall description of the Scope of Work, Services, Assumptions, Schedule and Fee for the new Porterville Public Library.
SCOPE OF WORK
The Scope of the Project is based on the findings of the 2021 Needs Assessment for the Porterville Library prepared by Penny Hummel Consulting which calls for an approximately 40,000 square foot library on a 3.86 acre site. A construction budget of $30,000,000 has been established. The Library Program included in the Library Needs Assessment shall serve as the basis for design. In addition to spaces necessary for delivery of library services, the program calls for the following:
i. English and Spanish collection of approximately (100,000) volumes and other materials. ii. Divisible Meeting Room with a seating capacity of (150) occupants iii. Creation Space with capacity for (20) with an assortment of maker equipment. iv. Media Lab with equipment to create and edit audio and video content. v. Teaching Kitchen to teach cooking skills and job training in the culinary arts. vi. Adult Learning Center.
vii. Small Meeting Rooms for quite study, tutoring, and community meetings. viii. A Library Café
ix. A memorial to the firefighters who lost their lives fighting to save the old Library.
Additional program spaces include:
Areas for the Public, Staff, and Support, Adult Services, Youth Services, Lobby, Restrooms, Service Desk, Express Check-out, Business Center, Public Access Computers, Adult Fiction, Large print, and Quiet Reading Area. Outdoor Areas include a Public Plaza, Programming Areas, Garden and Vendor Areas.
In addition to design of the Library as described above, the Design Team shall develop a masterplan for the adjacent proposed Sports Complex. The outcome of this effort will be analysis of pedestrian access, location of shared parking, vehicular and pedestrian connections to common open spaces, connections to the surrounding neighborhoods and connections between the library and sports complex. A Traffic Impact Study and Geotechnical Engineering Investigation Report are required and included in the Scope of work.
SERVICES
1. PROGRAMMING AND CONCEPTUAL DESIGN PHASE
The Design Team shall initiate the project by reviewing the Needs Assessment to become better familiar with the initial program. We will begin by investigating the project budget, scope, and site development costs. We will then meet with library staff and stakeholders to discuss vision, obtain direction regarding needs, service model, public engagement, and other foundational issues. Subsequent tasks shall include development of design standards, conceptual sketches, and collaborative team design sessions leading to a public engagement meeting to review program elements with visuals and basic organizational diagrams. A Cost Estimate will be conducted at the conclusion of this Phase.
2. SCHEMATIC DESIGN PHASE
The Design Team shall prepare Schematic Design Documents for approval consisting of drawings and other documents including Site Plan, Floor Plans, Sections, major Interior and Exterior Elevations and Building Sections.
Selection of major materials and building systems shall be identified and noted on drawings. We shall lead the site masterplanning effort to study connections with the future sports complex. Interior Design scope shall include research of appropriate materials and finishes, obtain samples and present initial concepts. A Cost Estimate will be conducted at the conclusion of this Phase.
3. DESIGN DEVELOPMENT PHASE
The Design Team shall prepare Design Development Documents that will illustrate and describe the development of the approved Schematic Design and shall consist of drawings and other documents including plans, sections, elevations, typical construction details, and diagrammatic layouts of building systems to fix and describe the size and character of the Project as to architectural, structural, mechanical, electrical and other building systems, and such other elements as may be appropriate. Interior finishes, materials, and color palette will be finalized. The Design Development Documents shall also include outline specifications that identify major materials and systems and establish in general their quality levels. Cost Estimates will be conducted at the 50% and 100% stages of this Phase.
4. CONSTRUCTION DOCUMENTS PHASE
The Design Team shall prepare Construction Documents based on the approval of the Design Development Documents from the City of Porterville, and authorization of any adjustments in the Project requirements and/or
budget. The Construction Documents shall illustrate and describe the further development of the approved Design Development Documents and shall consist of drawings and specifications setting forth in detail the quality levels of materials and systems and other requirements for the construction of the Work. Door, Window and Finish Schedules will be developed. Final material, and color selections will be identified. Details for casework, and other interior design elements shall be documented and coordinated. Floor pattern plans, annotation of interior elevations for paint colors, and material selections will be coordinated and documented. Site Details, Exterior and Interior Details will be prepared and coordinated with respective building systems. All major building systems and specialty systems will be documented, specified and coordinated. Cost Estimates will be conducted at the 50% and 90% stages of this Phase.
5. APPROVALS
The plans and specifications will be submitted to the authorities having jurisdiction for plan check. A list of plan check comments will be issued, and the various members of the Design Team will revise their plans and specifications as required. An appointment will be scheduled to review all corrections with the plan reviewer. When all correction items have been addressed to the satisfaction of the plan reviewer, permits can be issued.
6. BID PHASE
The Design Team will assist the City of Porterville with Bid Phase duties to include, participation in Pre-Bid Conference, addressing questions from bidders in writing, preparation of addenda that may involve revision of plans and/or specifications, and review and processing of substitution requests for items that may alter the architectural design or interior design. We will participate in the Bid opening and advise the City of Porterville as may be deemed necessary.
7. CONSTRUCTION ADMINISTRATION PHASE
Appropriate members of the Design Team shall participate in regularly scheduled on-site Team Meetings to include a representative of the City of Porterville, Library staff, and the Contractor. The purpose of these meetings will be to discuss ongoing construction operations, project related issues, schedule, status of submittals. The Desing Team shall provide written responses to contractor initiated Requests for Information (RFI’s), evaluate and process potential changes, address unforeseen conditions, and review the contractor’s progress payments. As the project nears completion, the Design Team will review the completed work and issue a Punch List outlining all corrective work required prior to issuance of a Notice of Completion and release of final payment.
ASSUMPTIONS
a. No work related to the identification of, abatement of, or proper handling of hazardous materials on site is included in the Scope of Work. The City of Porterville shall retain appropriate licensed professionals to evaluate whether hazardous materials are present and advise the City of Porterville on removal/handling procedures.
b. The Scope of Services rendered by PHA is limited to Services outlined above and is be based on the information contained in the 2021 Porterville Public Library - Library Services And Facility Needs Assessment.
c. Should the scope of the project as outlined herein increase or additional work not identified herein be requested by the City of Porterville or any Jurisdictional Authority, PHA shall prepare an Additional Service Request for authorization prior to commencement of additional work. d. Fee includes up to (5) computer generated renderings that may be used by the City of Porterville for promotional purposes.
e. It is understood that all entitlements will be addressed administerially by the City of Porterville and and efforts related to land use rezoning or other entitlements, should they be required are not included in the Scope of Work.
f. It is understood that the project will be designed and submitted under the 2022 California Building Code. g. Excluded from the Scope of Work are the following: LEED or any other sustainable building programs inspections and documentation, any rebate or subsidy program calculations or applications, temporary power, relocation of existing facilities, fiber optic infrastructure design, traffic signalization, retaining wall design, relocation of onsite or off site utility transmission facilities, coordination and/or investigation of alternate joint trench feeds for the project, relocation or undergrounding or existing facilities, any work beyond 50’ of project boundaries, quit claim process of existing easements, gas design, design of covered parking structures.
h. At project completion the Design Team will obtain the contractor’s jobsite posted set, convert the markups to digital files and turn overto the City of Porterville, “as-built” drawings in both hard copy and digital formats. i. Refer to ATTACHMENT “A” for further description of the Scope of Work and Exclusions related to each member of the DesignTeam.
j. The Bidding Phase and the Construction Administration Phase are to be billed hourly not to exceed the amounts indicated below.
SCHEDULE
The work as outlined above can be completed within the duration listed below depending on stakeholder availability during the design phases, and other factors beyond the control of the Design Team.
Programming / Conceptual Design Phase 2.0 months
Schematic Design Phase 3.0 months
Design Development Phase 2.5 months
Construction Documents Phase 5.5 months
Approvals Phase 1.5 months (assumed)
Bidding Phase 1.5 months
Construction Administration Phase 16.0 months (assumed)
32.0 months
FEE
The Fee for the Scope of Work and all services listed herein is based on 10.75% of the established Project Budget of $30,000,000 for a sum of $3,226,000. The Fee shall be billed monthly based on the percentage of work completed during each respective monthly billing period. The fee is broken down by Phase as follows:
Programming/Conceptual Design Phase $126,360
Schematic Desing Phase $527,540
Design Development Phase $495,184
Construction Documents Phase $1,207,520
Approvals Phase $150,180
Bidding Phase $53,056 (to be billed hourly not to exceed) Construction Administration Phase $666,160 (to be billed hourly not to exceed) A portion of the Total Fee is allocated to work that is beyond the design of the Library or work that is often engaged by the Owner and not under the Architect’s Scope of Work includes the following:
Monument Design $30,240
Sports complex Master Planning $18,000
Surveying $13,820
FEMA Studies (CLOMR and CLOMR-F) $12,200
SWPPP Services $12,400
ISR Services $3,980
Commissioning $30,000
Traffic Study $18,500
Geotechnical Investigation $6,900
$146,440
For further information regarding the fee, please see the attached Fee Breakdown spreadsheet dated July 31, 2023, that presents the fee allocated by phase for each member of the Design Team.
A reimbursable budget for travel, meals, lodging, printing and plotting of $20,000 has also been established and will be billed with no additional mark-up.
We look forward to working on this important project that will bring a new public library to the Porterville community.
Sincerely:
PAUL HALAJIAN ARCHITECTS
Paul N. Halajian, AIA – LEED AP
Principal
PAUL HALAJIAN ARCHITECTS
July 21, 2023
Revised July 31, 2023 PORTERVILLE PUBLIC LIBRARY ATTACHMENT A 1 Discipline: Architecture
Consultant: Paul Halajian Architects
Scope:
Programming/Conceptual Design phase
- Initial review of budget, scope, site development costs, and building size reconciliation. - Review and edit the building program to align with the project scope and building size - Define Program priorities with staff and community.
- Conceptual massing limited to (3) options.
- Public engagement Meeting - Review program priorities and preliminary site design and building concepts. - Staff engagement meetings kick-off, visioning, and direction for needs, service model, priorities, editing. - Library Planning Committee Meeting.
Schematic Design Phase
- Refine the design outcome of the Programming / Conceptual Design Phase and prepare up to three (3) design options.
- Generate Schematic Design Phase package based on selected option to include; Site Plan, Unit Plans and Exterior Elevations.
- Generate and properly configure digital drawing files of the Site Plan, Floor Plan and Exterior Elevations for the purposes of communicating the design intent to the Design Team. - Collaborate with Design Team and City of Porterville to identify cost effective structural, plumbing, mechanical, electrical and specialty systems.
- Coordinate integration of building systems with proposed building configurations. - Coordinate with Civil Engineer on masterplan of sports complex and other site issues..
Design Development Phase
- Continue overall building design, massing, volumes, interior forms and materials, exterior design forms and materials and coordinate refinements with Design Team.
- Develop architectural drawings to include dimensioned and annotate Site Plans, Floor Plans, Exterior Elevations, Building Sections, Reflected Ceiling Plans, Schedules, Roof Plan and Interior Elevations. - Coordinate with Interior Designer on space planning, shelving layout, and establishing design character. - building design, massing, volumes, interior forms and materials, exterior design forms and materials. - Perform Quality Control Review and revise Documents accordingly. - Obtain Cost Estimate and review for possible Value Engineering strategies.
Construction Documents Phase
- Finalize outstanding design issues and develop architectural details that convey the desired character. - Prepare Construction Drawings including Site Plan/s, Site Details, Floor Plans, Enlarged Plans, Exterior Elevations, Building Sections, Wall Sections, Reflected Ceiling Plans, Roof Plans, Interior Elevations, Door Schedule, Window Schedule, Finish Schedule, Interior and Exterior Details. - Finalize 3-part CSI format specifications and coordinate with drawings. - Finalize Design Team coordination efforts and revise drawings and specifications accordingly. - Perform Quality Control Review and revise Documents accordingly. - Obtain Cost Estimate and review for possible Value Engineering strategies.
Approvals Phase
- Compile drawings, format appropriately, prepare applications and submit the Construction Documents to the Jurisdictional Authorities for Plan Check.
- Compile Back Check comments issued by the Jurisdictional Authorities. Comments shall be individually documented on a spreadsheet categorized for each respective discipline and disseminated to the Design Team for correction.
- Oversee the back check process and facilitate timely and thorough Back Check. - Schedule a Back Check appointment and present Back Check comments to the plan reviewer/s and indicate the respective revision in response to each specific Back Check comment.
Bidding Phase– to be billed hourly
- Participate in Pre-Bid Conference.
- Addressing questions from bidders in writing.
- Prepare addenda that may involve revision of plans and/or specifications.
PAUL HALAJIAN ARCHITECTS
July 21, 2023
Revised July 31, 2023 PORTERVILLE PUBLIC LIBRARY ATTACHMENT A 2 - Review and process substitution requests for items that may alter the architectural design or interior design. - Participate in the Bid opening and advise the City of Porterville as may be deemed necessary.
Construction Administration Phase– to be billed hourly
- Address contractor issued Requests for Information in writing - Provide clarification drawing/s, as necessary.
- Log and review and process product submittals and shop drawings prepared and submitted by the various sub-contractors for items specified for submittal prior to commencement of the work scope in questions. - Participate in regularly scheduled jobsite meetings.
- Prepare, issue and evaluate Change Order Documentation as may be required. - Review and process contractor’s applications for payment. - At substantial completion, perform a punch list inspection and issue a punch list for corrective work. - Perform (1) punch list reinspection.
- Provide as-built documents and assist with project close-out requirements.
Exclusions:
Refer to Scope of Work and Fee proposal.
Discipline: Structural Engineering
Consultant: Parrish Hansen Structural Engineers
Scope:
- Provide Schematic and Design Development phase services. - Prepare structural construction documents including calculations, drawings, and specifications for the design of the building shell structure.
- Prepare structural/construction documents including calculations, drawings, and specifications for the design of the interior development of the building. - Prepare structural/construction documents including calculations, drawings, and specifications for the design of site canopy structures.
- Response to plan check review comments, and necessary revisions to the documents for Permit approval.
- Provide construction phase assistance including review of product and manufacturers’ submittals; response to contractor’s submitted RFI’s; preparation of clarification documents for minor construction issues related to the Work.
- Preparation of ‘As-built’ record documents.
Exclusions:
- Changes to the design requirements at the Client or Owner’s request resulting in additional scope of Work. - Preparation of clarification, and modification documents, and other changesrelated to the approved documents due to construction errors and other unknown conditions. - Requests for substitution accepted by the Owner/Client that require an additional scope of Work. - Structural work that arises out of the Project scope not associated with thebuilding.
Discipline: Mechanical and Plumbing Engineering
Consultant: Lawrence Engineering Group
Scope:
Mechanical
- The basis of design for this building is a hydronic chilled and hot water system utilizing an air-cooled heat pump chiller for both heating and cooling functions. A hot water boiler would be designed into the system as a backup heat source. The air distribution system would utilize variable air volume air handlers with VAV boxes with heating coils for individual zone control. Building pressure control would be provided through fully modulating economizers with modulating exhaust fans. Archive spaces or spaces with special environmental control requirements would be designed with individual air handling systems with humidity control. The
PAUL HALAJIAN ARCHITECTS
July 21, 2023
Revised July 31, 2023 PORTERVILLE PUBLIC LIBRARY ATTACHMENT A 3 system would be controlled and monitored through an energy management system.
Plumbing
- The building plumbing system will be designed to support the building requirements. The utility piping will be designed to extend five feet beyond the perimeter of the facility for connection to the site utilities by other disciplines except that gas system piping will be designed to the location of the gas meter.
Engineering Services
- Preparation of mechanical plans and sheet style technical specifications. - Plan check submittal and backcheck approval.
- Bid time consultation and review of material submittals. - Construction administration services.
Discipline: Electrical Engineering
Consultant: Rose, Sing, Eastham, and Associates
Scope:
- Provide electrical design services to support the proposed new Library development as described in the received documents.
- Electrical design scope includes:
- Master Planning Services
- Electrical Site Plan
- Utility
- Coordination
- Power Design
- Fire Alarm Design
- One-Line Diagrams, Schedules, Details
- Coordination with specialty designers for Lighting, A/V, Telecom, Security - Energy Compliance Forms (Title 24)
- EV and PV SolarDesign
- Working Drawings
- Specifications
- Submittal Review
- Job Visits During Construction
Exclusions:
- Additional Services per hourly rate schedule for peripheral design elements such as off-site improvements, sports complex design, amphitheater design, etc.
Discipline: Interior Design/Library Planning
Consultant: Noll and Tam Architects
Scope:
Programming and Conceptual Design Phase
- Initial review of budget, scope, site development costs, and building size reconciliation. - Review and edit the building program to align with the project scope and building size - Define Program priorities with staff and community.
- Bubble diagrams and adjacencies limited to three (3) options - Develop design standards for program elements.
- Conceptual stacking/adjacency/test fit diagrams.
- Public engagement Meeting - Review program priorities and preliminary site design and building concepts. - Staff engagement meetings kick-off, visioning, and direction for needs, service model, priorities, editing. - Library Planning Committee Meeting.
Schematic Design Phase
- Develop conceptual design ideas, stacking concepts, spatial concepts, - Preliminary space planning, circulation, and flow, library operations,
PAUL HALAJIAN ARCHITECTS
July 21, 2023
Revised July 31, 2023 PORTERVILLE PUBLIC LIBRARY ATTACHMENT A 4 - Prepare up to three (3) options, review and select preferred concept. - Develop and draw floor plans with furniture layouts, concept RCPs, and interior elevations/materials. - Develop preliminary Technology and AV plans.
- Public engagement Meeting or stakeholder meetings.
- Staff engagement meetings–review progress, review service model, review priorities and program confirmation.
Design Development Phase
- Continue floor plan refinement, functional arrangements, furniture layouts, collections/shelving, staff workspaces, and exterior program spaces.
- Develop designs for RCPs and interior elevations of key public spaces, library workspaces, and restrooms. - Collaborate in the development of overall building design, massing, volumes, interior forms and materials, exterior design forms and materials.
Construction Documents Phase
- Finalize floor plans, RCPs, interior elevations, interior architectural finishes, acoustics, and lighting, and resolve any remaining library functional design issues.
- Coordinate floor power and IT with furnishings plans, and coordinate AV. - Start the FF&E selection process, preliminary selections, review with the client, refine selections, materials, colors, textures, etc. for furniture, flooring, ceilings, walls, acoustical materials, etc. - Collaborate on signage design.
FF&E
- Complete furnishings specifications packages.
- Assist with procurement process.
- Respond to bidder questions.
- Develop and issue addenda.
- Assist with review of installation.
- Prepare FF&E punch list.
Bidding Phase – to be billed hourly
- Respond to bidder questions.
- Develop and Issue addenda.
Construction Administration Phase – to be billed hourly - Review submittals for interior finishes and other elements, as needed. - Respond to RFIs, as needed.
- Assist with punch listing and project close-out, as needed.
Discipline: Civil Engineering
Consultant: Blair, Church, and Flynn Consulting Engineers Scope:
Surveying Services
- Spot elevations on a 100-foot± rectangular grid covering, plus additional spotelevations at critical points such as edges of existing surface improvements like walks, curbs, gutters, grade breaks, swales, and ridges, top of the slope at drainage channels, and as otherwise necessary to define surface gradients - Spot elevations along the street frontages at 30-foot± maximum cross-section intervals - Plotted location and grade of structures, fencing, paving, sidewalks, and other aboveground site improvements - Utility information will be shown based on record information provided to us by the City, local utility authorities, and on observed surface evidence:
o Location and size of water and gas mains and services. o Location of fire hydrants within and near the project area, together with the size of the main serving each hydrant.
o Location of electrical, cable television, street lighting, and communications systems. o Location, size, depth, and direction of flow of sanitary sewers and storm drains within the project area; location of drain inlets, manholes, cleanouts, and inverts of pipe at each within the project area.
PAUL HALAJIAN ARCHITECTS
July 21, 2023
Revised July 31, 2023 PORTERVILLE PUBLIC LIBRARY ATTACHMENT A 5 - Location of trees with trunk diameter two inches and over; locate within onefoot tolerance, label trunk size and show drip line graphically. - Property corners that can be found and which are deemed necessary to establish property line locations
- Prepare an AutoCAD drawing of the topographical survey, complete with utility information, for use as a basis for the preparation of the construction documents at a scale of 1”= 20’.
Civil Engineering Services
- Based on topographic and boundary, and a schematic Site Plan, provide the following for the library:
o Site Grading and Drainage Plan
o Site Utility Plan (sanitary sewer, domestic water, and fire protection water to within 5’ of the building, and a stub-out for landscape irrigation water). o Preparation of Construction Detail drawings for civil scope of work. o Technical Specifications for civil scope of work.
- Deliverables, including drawings and technical specifications, will be provided at the completion of the following phases: Schematic Design, Design Development, and Construction Documents.
- Revise and further develop the drawings and technical specifications based on the city and PHA comments received from the review of the previous phasedocuments. - Provide Construction Documents for submittal to the city for review and comment. - Revise the Construction Documents to address any plan review comments received from the City and provide them for resubmittal to and approval by the city. - During bidding, respond to bidder questions and assist in issuing any required Addenda or Supplemental Instructions
- During construction, respond to Contractor Requests for Information and assist in issuing any required Supplemental Instructions, Clarifications, or Change Order documents
- Perform up to three (3) routine site observations during construction. - Perform a review of the completed work and submit a punch list for any work that needs to be completed or corrected prior to acceptance
Sports Complex Master Planning Services
- Confirm the sports complex program with the city.
- Based on the City’s direction and on the conceptual drawing previously provided for the sports complex, prepare a master conceptual site plan drawing that illustrates the following:
o General layout, number, and types of sports venues.
o Locations of a restroom/concession/storage building and a picnic shelter. o Pedestrian walkway connections from the existing trail, Eastridge Circle, and from parking to the athletic venues and hardscape, and circulation paths between venues.
o An internal circulation roadway that connects Eastridge Circle to the library site and to parking that will be shared by the sports park and the library. o Recommended tree placement
- Coordinate the sports facility master plan layout with the library Site Plan. - Prepare 2-3 Options for alternate layouts of the items described above - Review the optional layouts with the City and obtain their feedback - Based on City comments, prepare a final master plan site layout and submit it to the City for approval
FEMA Studies
- In accordance with the City of Porterville Ordinances and Federal Emergency Management Agency (FEMA) standards, perform the following for the library development:
o Perform a flood plain analysis and submit a Conditional Letter of Map Revision (CLOMR) to the City and FEMA for review and approval. The study will analyze the development’s impact of development within the floodplain.
PAUL HALAJIAN ARCHITECTS
July 21, 2023
Revised July 31, 2023 PORTERVILLE PUBLIC LIBRARY ATTACHMENT A 6 o Upon City and FEMA review and approval of the CLOMR, prepare and submit a CLOMR-F (Conditional Letter of Map Revision-Final) to the City and FEMA Storm Water Pollution Prevention Plan (SWPPP)
- Qualified SWPPP Developer (QSD):
- Coordinate approval from the City of Porterville for the Project complies with the Post-Construction drainage requirements of the CGP and the City of Porterville Municipal Separate Storm Sewer System (MS4). Approval documentation must be received before submitting the SWPPP. - Prepare Risk Level 1 SWPPP document and SWPPP specifications. Should it turn out that a Risk Level 2 SWPPP is required, we request the opportunity to provide a supplemental proposal for the additional costsinvolved.
- Submit SWPPP Notice of Intent (NOI). Coordinate submittal including Stormwater Multiple Application and Report Tracking System (SMARTS) linking with the Legally Responsible Person (LRP), submitting the NOI along with SWPPP upload, and coordinating LRP certification.
- Paying the NOI filing fee as a standard reimbursable (estimate $756 for 5 acres). - Prepare and submit one (1) Change of Information (COI) on SMARTS to update the SWPPP as needed to stay in compliance with CGP requirements. Significant Project plan changes are excluded and would require additional scope. - QSD Inspections and Reports (New 2022 CGP Requirement) ▪ Conduct four (4) QSD inspections to comply with the new 2022 CGP requirements.
▪ The BC&F QSD will inspect site conditions, verify recordkeeping, ensure qualified professionals are implementing the SWPPP and Project specifications, and send the contractor a corrective actions report (with the PHA and the City included in those communications). ▪ Our experienced staff will notice if there is a need to submit a SWPPP amendment to the Waterboard and identify if the contractor has plans to stabilize all areas disturbed by the Project in order to submit the Notice of Termination as soon as possible.
▪ The first inspection will occur within 30 days of construction start. The following three (3) inspections will be conducted between AugustOctober 2024, January-March 2025, and August-October 2025, in accordance with 2022 CGP requirements. It may be possible to combine the required initial inspection and the August-October 2024 QSD inspection based on the actual construction start date. - SWPPP Oversight Services
- BC&F proposes the following QSP and Contractor oversight services over the duration of the construction to be able to prepare accurate Annual Reports, identify lapses in compliance with the SWPPP by the QSP and contractor, and ensure a timely termination of the SWPPP. ▪ Annual Reports
• Prepare and submit two (2) Annual Reports on SMARTS. BC&F will prepare the annual report based on information obtained during our QSD inspectionsand the report review service below. ▪ Bi-Monthly Desktop QSP Inspection Reports and Records Review • Request and review the Project QSP’s inspection reports, weather monitoring records, and contractor training records on a bi-monthly basis for a total of eight (8) reviews. Provide an implementation report to the contractor (with PHA and the City included) to identify compliance deficiencies. Our report review will:
o Identify if the Project QSP is completing their
inspectionresponsibilities per the CGP and Project
specifications
o Inform BC&F on how well the contractor is implementing the SWPPP so
PAUL HALAJIAN ARCHITECTS
July 21, 2023
Revised July 31, 2023 PORTERVILLE PUBLIC LIBRARY ATTACHMENT A 7 we can prepare a truthful annual report for the City, o Identify future conflicts between construction plans/activities and the “final stabilization” requirements of the CGP to terminate the SWPPP. - Notice of Termination
- Prepare and submit the Notice of Termination (NOT) on SMARTS. This will include one (1) NOT inspection to obtain photo documentation that all disturbed surfaces at the site have been fully stabilized and all closeout conditions have been met according to the CGP. - Collection of Records
- BC&F will request and compile all SWPPP records over the course of the Project. The CGP states that all SWPPP records shall be retained for three years after the completion of the project. After terminating the SWPPP, BC&F will transmit a record of all QSD and QSP records over the Project to PHA and the City.
Indirect Source Review (ISR)
- Prepare and submit ISR Air AIA Application. Collect required project information, model baseline emissions, identify and incorporate mitigation measures, model baseline mitigation measures, and follow up with SJVAPCD for revisions and approval (assuming only minor revisions). Assemble an application approval packet once the ISR is approved. Advise PHA whether ISR specifications should be included in the bid package based on the results of the ISR. Provide ISR specifications if needed. - Pay the ISR Application Filing Fee as a reimbursable ($841 + $20 credit card fee fornon-residential projects according to SJVAPCD Rule 3180).
Exclusions:
Services not included under our scope of work, but that may be provided upon request, include the following:
- Construction Staking
- Environmental studies and investigations beyond those specifically included herein - Landscape Architecture services
- Geotechnical Investigations and engineering
- Design services related to the relocation of franchise utilities - Design of “dry utilities;” e.g., gas, electric, site lighting and communications - Preparation of flood-related studies and calculations other than specifically included above. We assume the floor elevation of structures can be set 12-inches above the flood surface, as designated on the applicable FEMA Flood Insurance Rate Map
- Daily construction inspection and testing
- Re-design costs due to value engineering requirements or other changes beyond our control - Attendance at weekly or bi-weekly site meetings during the construction phase - Payment of fees
- In-person meetings in Porterville, except as may be included above - Design services for the sports complex beyond the site master plan - Implementation, execution, installation, maintenance, tracking, oversight, ormodifications to the ISR, SWPPP, or any components thereof, except as described above.
- Qualified SWPPP Practitioner (QSP) services.
- SWPPP BMP implementation and maintenance.
- Additional environmental services related to wetland permitting (401, 404, and 1602) or any biological compliance services.
- EIR, DEIR, Neg Dec, and/or other CEQA-related reports, analyses, correspondence, et. - Public hearings
- Documentation for LEED, WELL, or other rating systems - Property line noise for emergency generators or other similar equipment - Substantial redesign beyond our control due to extensive value engineering or owner-requested changes following the design development phase
- Assessment of structural vibration, such as footfall including floor vibration, finite element analysis, structural recommendations, etc.
- Acoustical mockups, simulations, and demonstrations
- Ground-borne vibration assessment
- Additional meetings, drawing reviews, and construction phase site visits.
PAUL HALAJIAN ARCHITECTS
July 21, 2023
Revised July 31, 2023 PORTERVILLE PUBLIC LIBRARY ATTACHMENT A 8 ___________________________________________________________________________________________ ___ Discipline: Landscape Architecture
Consultant: O’Dell Engineering
Scope:
Task 1: Public Engagement and Programming (Library Site) - Study of existing plans, background information, and preparation of base files using architectural and topographic survey files.
- Review and list applicable codes and design and construction standards. - Assist architects with the basis of design and prepare a narrative of the outdoorspaces.
Task 2: Schematic Design Phase
- Obtain public engagement and programming feedback and initiate schematic design. This phase includes the following deliverables:
o Landscape conceptual plan (hand-drawn sketches or simple CAD line plans) for initialfeedback. o ROM cost estimate (landscape)
o Post client feedback & preferences, and refinements to the concept plan. o Refined site furnishings & finishes plan
o Refined planting design plan (not including MWELO calculations).
Task 3: Design Development Phase (50% and 100% Plans)
- Following the approval of the schematic design deliverables, O’Dell Engineering landscape architects will move them into design development level deliverables (to be issued as 50% and 100% packages). These phases include the following deliverables:
o Project information
o Site furnishings & finishes plan
o Irrigation design intent plan
▪ Irrigation design
▪ Irrigation schedules
o Planting design plan (not including MWELO calculations). o Key construction details (city standards will be used, where applicable) o Outline technicalspecifications.
o ROM cost estimate (landscape)
Task 4: Construction Document Phase (50%, 90%, and 100% PS&E) - O’Dell Engineering landscape architects will prepare site improvement plans for submittal to the clients in three stages (50%, 90% & 100%). Landscape Improvement plans include routine information normally required including:
o Project information
o Site furnishings & finishes plan
o Horizontal control plan
o Irrigation design plan
▪ Irrigation design
▪ Irrigation schedules
o Planting design plan including MWELO calculations.
o Key construction details (city standards will be used, where applicable) o Technical specifications
o ROM cost estimate (landscape)
Task 5: Meetings/Coordination & Processing
- Meeting 1 (in-person): Site Visit and Kick-off meeting w/ Clients and PHA team to determine project objectives. - Meetings 2 & 3 (virtual): Meetings w/ PHA team to discuss initial and refined conceptual landscape plans.
- Meeting 4 & 5 (virtual): Meetings w/ PHA team to discuss 50% and 100% DesignDevelopment sets. - Meetings 6, 7 & 8 (virtual): Meeting w/ PHA team to discuss 50%, 905 and 100%Construction Documents.
Exclusions:
PAUL HALAJIAN ARCHITECTS
July 21, 2023
Revised July 31, 2023 PORTERVILLE PUBLIC LIBRARY ATTACHMENT A 9 - Excludes providing additional design options or additional consultation and coordination outside of the scope of work, as requested by the clients. This may include additional meetings with the Clients and /or City agencies.
- Major changes to the site plan after the Design Development phase will require an additionalservice. - No off-site landscape architecture scope is envisioned. - Excludes master-planning services for the adjacent future sports complex. - Excludes 3D Renderings (can be provided as an additional service). - Excludes exterior signage design.
- Excludes site lighting design.
- Excludes design of shade structures and / or canopies. - Excludes structural engineering for seat walls, play equipment footings, canopies, shade structures etc. - Excludes grading, ADA compliance studies and site utility designs. - All landscape improvements are assumed to be at ground level with no landscape on-structure orroof decks.
- Scope does not include fees, permits, or processing of permits ___________________________________________________________________________________________ ___ Discipline: Acoustical Consulting Services
Consultant: Charles M. Salter Associates, Inc.
Scope:
Environmental Noise Study (CALGreen Code)
- Visit the project site and perform up to three, minimum 24-hour measurements, supplemented with 15-minute measurements as necessary at project setbacks. The Consultant will rely on the Architect to facilitate the site visit.
- Using future traffic volume data, calculate the expected future noise levels at the proposed Library façade setbacks.
- Create a 3D noise model to quantify the noise level that will be impacting the various facades. - Calculate the window and wall noise reduction ratings that will be necessary to meet the State Building Code standard (CALGreen Code, City General Plan, etc.).
- Summarize the analysis and results in a written report.
Schematic Design
- Participate in a kickoff meeting to discuss acoustic goals and expectations for the project, including design criteria for the library.
- Produce an acoustic narrative with the following content:
o Acoustical design goals for sound isolation and background noise from HVAC systems. o Floor plan markups showing recommended interior wall types, including between the library and parking garage, and interior door types.
o Recommended floor/ceiling assemblies for separating the various uses from each other. o Sound absorbing finishes for amenities and lobbies
o HVAC noise and vibration reduction guidelines
o Plumbing isolation guidelines
o Typical details for pipe and duct penetrations, and outlet boxes - Participate in a meeting to review the narrative and coordinate with other disciplines. - Finalize the narrative as part of the SD package.
Design Development
- Review the incorporation of the SD phase recommendations into the drawing set and specifications. - Estimate the ventilation system noise levels and provide additional recommendations as necessary, including airspeed limits, internally lined ductwork, and sound traps.
Construction Documents
- Review the incorporation of the DD phase recommendations into the drawing sets and specifications. - Review the wall types to be used around the core-and-shell spaces. - Provide acoustical input to the architectural, curtainwall, mechanical, plumbing, and electrical specifications.
PAUL HALAJIAN ARCHITECTS
July 21, 2023
Revised July 31, 2023 PORTERVILLE PUBLIC LIBRARY ATTACHMENT A 10 - Using provided manufacturer sound data, update the mechanical noise calculations, including the expected noise intrusion into the occupied spaces from mechanical equipment.
Bidding – to be billed hourly
- Minimal involvement. Will consult hourly as needed. Answer questions raised by potential bidders. - Assist in the review of bid proposals.
- Provide assistance during negotiations.
Construction – to be billed hourly
- Review submittals and respond to contractor RFIs.
- Visit the site to observe items of acoustical interest – such as framing, plumbing isolation, MEP equipment vibration installation, sound-rated ceilings, and room finishes – and provide a written report for each visit.
Exclusions: Services not included but available with a separate proposal. - Weekly or bi-weekly meeting with the Architect and/or the City (OAC) Discipline: Audiovisual Consulting Services
Consultant: Charles M. Salter Associates, Inc.
Scope:
Schematic Design
- Participate in a programming meeting with stakeholders and end users to determine AV requirements, including changes in design strategies with new building designs and concepts. - Assist the Architect with space and infrastructure planning for AV systems. - Issue a Basics-of-Design Narrative that includes:
o AV technology design criteria
o Preliminary space and infrastructure requirements
o Room-by-room description of the functional requirements for audiovisual systems - Issue and updated narrative based on design team feedback.
Design Development
- Design a pathway infrastructure for audiovisual systems, including conduits, backboxes, floor boxes, backing for displays, terminal cabinets, etc.
- Provide architectural and MEP coordination for AV systems. - Provide cutsheets of proposed audiovisual devices for coordination. - Coordinate the following infrastructure design elements:
o System site pathways and infrastructure
o HVAC requirements for equipment rooms in service provider and owner estimated loads based on owner input and coordination
o Seismic anchoring and support requirements for AV equipment and infrastructure o Millwork coordination for AV
- Deliver CSI-formatted Division 27 AV specifications.
- Provide the following drawings:
o Symbols list and drawing index
o AV site plan
o Equipment room plans
o Floor plans and reflected ceiling plans showing horizontal pathways, outlets, cable quantities, and devices
o AV Conduit riser diagrams
Construction Documents
- Refine equipment lists and OPCC.
- Review door hardware schedule and specifications to verify that security-related electrified and mechanical hardware is specified correctly.
- Finalize the specifications.
- Finalize drawings and add the following:
o AV receptacle plate details
o Mounting location information for audio, video, and control devices o AV and security equipment rack elevations
PAUL HALAJIAN ARCHITECTS
July 21, 2023
Revised July 31, 2023 PORTERVILLE PUBLIC LIBRARY ATTACHMENT A 11 o Single-line audio/video/control functional diagrams o Architectural coordination detail sheets
o Pathway routing, including barrier penetration details o Technology room details and elevations
o Security door details
o Installation details
Bidding – to be billed hourly
- Assist in the pre-selection of qualified subcontractors. - Address contractor questions
- Assist in pre-bid conferences with prospective bidders and respond to questions and clarifications raised. - Assist in the evaluation of bids and awarding of contracts.
Construction – to be billed hourly
- Review submittals and respond to contractor RFIs.
- Visit the site prior to the closure of walls to observe installed infrastructure (e.g., conduit). - Perform a punchlist walk after substantial completion. - Review preliminary audiovisual test reports.
- Conduct audiovisual system acceptance testing with the contractor to witness baseline system functionality; this site visit will not be conducted until preliminary test reports are received. - Review of contractor closeout documentation.
Exclusions: Services not included but available with a separate proposal. - Substantial redesign due to extensive value engineering or owner-requested changes following the design development phase.
- Preparation of documents related to existing utilities. - Paging and sound-masking system design.
- Fire alarm and emergency communications systems design. - Neutral-host DAS design.
- Emergency Responder Radio Communications Systems.
- Additional meetings, milestone deliverables, drawing reviews, or site visits. - Attendance at public hearings.
- Witnessing performance tests.
- Digital signage software and content.
- CATV cabling and system design.
- Sound masking and paging.
- Videowalls, exhibits, and experience-based audiovisual systems. - Mockups.
- Providing hard copies of drawings or specifications.
___________________________________________________________________________________________ ___ Discipline: Security Consulting Services
Consultant: Charles M. Salter Associates, Inc.
Scope:
- The security system design will include TI items – such as turnstiles and cameras – and identification of potential base-building scope (e.g., entry doors, security for the stairs). - Access control system
- IP-based video surveillance system (closed-circuit television) - Wireless electronic door-locking hardware and software. - Security and emergency intercom systems
- Turnstile and elevator coordination
Schematic Design
- Participate in a programming meeting with stakeholders – including IT and security staff – to determine security requirements, including changes in design strategies with new building design and concepts. - Assist architect with space and infrastructure planning for security systems. - Issue a Basis-of-Design (BoD) Narrative that includes the following:
PAUL HALAJIAN ARCHITECTS
July 21, 2023
Revised July 31, 2023 PORTERVILLE PUBLIC LIBRARY ATTACHMENT A 12 o Low-voltage technology design criteria
o Preliminary space and infrastructure requirements
o Security protection schemes, equipment locations, spaces related to the security function, and architectural considerations related to security.
- Issue an updated narrative based on design team feedback.
Design Development
- Design a pathway infrastructure for audiovisual systems, including conduits, backboxes, floor boxes, backing for displays, terminal cabinets, etc.
- Provide architectural and MEP coordination for security systems. - Provide cut sheets of proposed audiovisual devices for coordination. - Coordinate the following infrastructure design elements:
o System site pathways and infrastructure
o Security room layout and equipment power (as coordinated with service providers andowner) o HVAC requirements for equipment rooms in service provider and owner estimated loadsbased on owner input and coordination.
o Seismic anchoring and support requirements for security equipment and infrastructure o Millwork coordination for LVT
- Coordinate the following security system design elements:
o Locking hardware and ADA operators that integrate with the security systems. o Fire-life safety inter-ties
o Telecommunications connections to security system
o Security device installation details
o Door and frame manufacturer preparation for security devices - Deliver CSI-formatted Division 27 and 28 SECURITY outline specifications. - Provide the following drawings:
o Symbols list and drawing index.
o security site plan
o Equipment room plans.
o Floor plans and reflected ceiling plans showing security devices. o Security Riser diagrams
o Access control, video surveillance, and intrusion detection systems block diagrams.
Construction Documents
- Refine equipment lists and OPCC.
- Review door hardware schedule and specifications to verify that security-related electrified and mechanical hardware is specified correctly.
- Finalize the specifications.
- Finalize drawings and add the following:
o Security equipment rack elevations
o Single-line audio/video/control functional diagrams
o Architectural coordination detailsheets
o Pathway routing, including barrier penetration details. o Technology room details and elevations
o Security door details
o Installation details
- Review and comment on the cost estimator’s estimate
- Issue documents at three milestones: 50%CD, 95%CD, and 100%CD Bidding – to be billed hourly
- Assist in the pre-selection of qualified subcontractors. - Address contractor questions
- Assist in pre-bid conferences with prospective bidders and respond to questions and clarifications raised. - Assist in the evaluation of bids and awarding of contracts.
Construction – to be billed hourly
- Review submittals and respond to contractor RFIs.
- Visit the site prior to the closure of walls to observe installed infrastructure (e.g., conduit) - Perform a punch list walk after substantial completion.
PAUL HALAJIAN ARCHITECTS
July 21, 2023
Revised July 31, 2023 PORTERVILLE PUBLIC LIBRARY ATTACHMENT A 13 - Review preliminary security test reports.
- Conduct the security system acceptance testing with the contractor to witness baseline system functionality; this site visit will not be conducted until preliminary test reports arereceived. - Review of contractor closeout documentation
Exclusions:
The following tasks are not included in the above scope of services. If desired, we can prepare a separate proposal for these tasks:
- Weekly or bi-weekly meetings with you and/or the city - Exterior-to-Interior Noise Study – we understand this was provided by others for the base building system as part of the core and shell project.
- Property line noise for emergency generators or other similar equipment - Substantial redesign beyond our control due to extensive value engineering or owner-requested changes following the design development phase.
- Acoustical consulting for tenant improvements in retail spaces, or for the residential orparking components of the overall project
- Acoustical consulting for amenity spaces with special acoustical requirements, such as theaters, music rooms, or recording spaces.
- Assessment of structural vibration, such as footfall induced floor vibration, finite elementanalysis, structural recommendations, etc.
- Ground-borne vibration assessment
- Additional meetings, drawing reviews, construction phase site visits.
Discipline: Telecommunications Consulting Services
Consultant: Charles M. Salter Associates, Inc.
Scope:
- Backbone cabling requirements from the main equipment room to other telecommunication rooms - Horizontal cabling system
- Ventilation and power requirements for IDF rooms/closets - Technology infrastructure
- Data connectivity to base-building systems designed by others for BMS controls, lighting, and fire life safety interface.
Schematic Design
- Participate in a programming meeting with stakeholders – including IT and security staff – to determine telecommunication requirements, including changes in design strategies with new building design and concepts.
- Assist architect with space and infrastructure planning for telecommunicationsinfrastructure. - Issue a Basis-of-Design (BoD) Narrative that includes the following:
o Low-voltage technology design criteria
o Preliminary space and infrastructure requirements
- Issue an updated narrative based on design teamfeedback.
Design Development
- Design a pathway infrastructure for audiovisual systems, including conduits, backboxes, floor boxes, backing for displays, terminal cabinets, etc.
- Provide architectural and MEP coordination for telecommunications. - Coordinate the following infrastructure design elements:
o System site pathways and infrastructure
o Telecommunications room layout and equipment power (as coordinated with serviceproviders and owner)
o HVAC requirements for equipment rooms in service provider and owner estimated loadsbased on owner input and coordination.
o Seismic anchoring and support requirements for telecommunications equipment and
PAUL HALAJIAN ARCHITECTS
July 21, 2023
Revised July 31, 2023 PORTERVILLE PUBLIC LIBRARY ATTACHMENT A 14 infrastructure
- Deliver CSI-formatted Division 27 Telecommunications outline specifications. - Provide the following drawings:
o Symbols list and drawing index.
o Telecom site plan
o Telecom equipment room plans.
o Floor plans and reflected ceiling plans showing horizontal pathways, outlets, cable quantities,and devices.
o Riser diagrams for conduit, copper/optical fiber backbone, and grounding/bonding pathways Construction Documents
- Finalize telecom specifications.
- Finalize drawings and add the following:
o Telecom equipment rack elevations
o Pathway routing, including barrier penetration details. o Technology room details and elevations
o Installation details
Bidding – to be billed hourly
- Assist in the pre-selection of qualified subcontractors. - Address contractor questions
- Assist in pre-bid conferences with prospective bidders and respond to questions and clarifications raised. - Assist in the evaluation of bids and awarding of contracts.
Construction
- Review submittals and respond to contractor RFIs.
- Visit the site prior to the closure of walls to observe installed infrastructure (e.g., conduit) - Perform a punch list walk after substantial completion. - Review telecommunications cable testresults
- Review of contractor closeoutdocumentation
WI-FI PREDICTIVE MODELING (HEAT MAPPING REPORT)
- Salter will provide a wireless access point (WAP) layout design based on coordination with City’s IT staff and our radio frequency (RF) heat mapping analysis based on the construction document drawings.
Wi-Fi – Design Development
- Load building floor plans with material types into wireless analysis software to determine the preliminary wireless access point locations based on coverage requirements. - Determine which building services will be required to be supported by Wi-Fi. - Consult with the building representative on the Wi-Fi vendor technology and property backbone network equipment requirements to obtain the properties coverage requirement goals for the Wi-Fi network. - Conduct RF signal strength heat mapping.
- Issue report with heat maps
- Revise WAP layouts based on Owner feedback.
- Issue updated WAP layouts.
Wi-Fi – Construction Documents
- Conduct RF signal strength heat mapping based on the Construction Document conditions. - Issue report with revised heat maps
- Revise WAP layouts based on Owner feedback.
- Issue updated WAP layouts.
Wi-Fi – Construction
- We have included one day (eight hours) of in-office consulting and one site visit. We would perform the following tasks:
- Conduct one site survey to verify RF coverage.
- Provide one report summarizing the site survey.
Exclusions:
ADDITIONAL SERVICES
- The following tasks are not included in the above scope of services. If desired, we can prepare a separate proposal for these tasks:
PAUL HALAJIAN ARCHITECTS
July 21, 2023
Revised July 31, 2023 PORTERVILLE PUBLIC LIBRARY ATTACHMENT A 15 - Acoustical, AV, and security consulting (under separate proposals) - Emergency Responder Radio Communications System (ERRCS) - Substantial redesign due to extensive value engineering or owner-requested changes following the design development phase.
- Preparation of documents related to existing utilities. - Paging and sound-masking system design
- Fire alarm and emergency communications system (ECS) design - Neutral-host DAS design
o Emergency Responder Radio Communications Systems (ERRCS) o Additional meetings, milestone deliverables, drawing reviews, or site visits. o Attendance at public hearings
o Witnessing of performance tests
o Digital signage software and content
o CATV cabling and system design.
o Sound masking and paging
o Videowalls, exhibit and experience-based audiovisual systems o Mockups
o Providing hard copies of drawings or specifications
Discipline: Lighting Design Services
Consultant: Minuscule Lighting Design
Scope:
- Interior front-of-house areas
- Stack lighting
- Exterior building-mounted lighting
- Site and landscape lighting
Schematic Design
- Meetings with the Owner, Architect, and other Consultants to discuss project concepts,illumination criteria, project cost guidelines, and schedule parameters.
- Design basis report outlining the recommended program for lighting design for Client approval. - Prepare hand sketches, rendered plans and elevations, imagery, and other visualpresentation elements required for communication of the lighting design intent within the designteam. - Design studies and conceptual lighting designs for typical space types. Approved concepts will be the basis of the design in Design Development.
Design Development
- Electric lighting calculations as required for in-house verification of design concepts. Calculations are used as a design tool to study the quality and quantity of luminaires and are not intended to be issued to others. - Prepare a Revit lighting model based on 3D Revit backgrounds provided by the architect. Lighting families provided by MLD will consist of simple geometrical shapes for coordination and not for photorealistic renderings.
- Preliminary luminaire schedule and luminaire cut-sheet package. - Provide an opinion of the material cost of lighting fixtures based on pricing data provided by manufacturer representatives
- Memo with total lighting load and assumed allowed maximum lighting load for assistancein confirmation of compliance with Title 24 lighting section by others.
Contract Documents
- Assist with the coordination of lighting design with architectural and electrical design. Revisedlighting layouts will be provided as mark-ups and/or Revit model as applicable – whichever is the most efficient for the project.
- Prepare the final luminaire schedule and luminaire cut-sheet package. - Lighting fixture mounting details in sketch format as required for design intent. - Sequence of Operations explaining the controls design intent, and/or zoning diagram in sketch form.
PAUL HALAJIAN ARCHITECTS
July 21, 2023
Revised July 31, 2023 PORTERVILLE PUBLIC LIBRARY ATTACHMENT A 16 - Assist with confirmation of compliance with the maximum allowable connected load for lighting as dictated by the lighting section of the applicable energy code.
Construction Administration – to be billed hourly
- Assist architect in responding to RFIs as pertains to MLD scope. - Review shop drawings and/or submittals of lighting equipment specified by MLD Exclusions:
- MLD’s scope of work does not include back-of-house or preparation of photometric plans for submission to plan review and is assumed to be the responsibility of others. See also General section note (a). ___________________________________________________________________________________________ ___ Discipline: Fire Sprinklers
Consultant: Lawrence Engineering Group
Scope:
Fire Sprinklers
- A full fire sprinkler system will be designed for the facility. The fire system riser will be detailed, sprinkler heads will be located on the plans and all lines will be sized and calculated. The submittal will include equipment cut sheets and full system calculations.
___________________________________________________________________________________________ ___ Discipline: Foodservice Design
Consultant: Webb Foodservice Design
Scope:
The consultant will collaborate with the design team and project stakeholders to develop the foodservice design.
SCHEMATIC DESIGN PHASE
- Participation in meetings with project stakeholders:
- Program verification review
- Develop guiding principles & goals with projectstakeholders. - Review menu, serving, and operational styles from end user and operator. - Review foodservice space requirements.
- Review requirements for service, loading, and waste.
- Block out test fit and adjacency diagrams showing the kitchen, serving, and diningareas. - Schematic equipment tests fit plan.
- Coordination of utility and infrastructure requirements with the design team. - Equipment utility needs matrix.
- Equipment floor plan in Revit (Hardline Plan).
- Equipment budget (cost per square foot).
- Basis of design narrative (with major equipment systems).
DESIGN DEVELOPMENT PHASE
- Equipment floor plan (itemized)
- Equipment schedule (itemized w/ utility requirements) - Review equipment selections with end users
- Construction details
- Infrastructure coordination with the design team
- Plumbing rough-in plans
- Electrical rough-in plans
- Refrigeration rough-in plans
- Remote refrigeration rack coordination and plans
- Building works plan (floor depressions & exhaust data) - Exhaust hood/system coordination and plans
- Equipment cut sheet book.
- Equipment specifications (itemized)
- Equipment budget (itemized)
PAUL HALAJIAN ARCHITECTS
July 21, 2023
Revised July 31, 2023 PORTERVILLE PUBLIC LIBRARY ATTACHMENT A 17 CONSTRUCTION DOCUMENTS
- Custom equipment elevations.
- Custom equipment details and sections.
- Final equipment rough-in plans.
- Coordination of foodservice related finishes with the interior design team. - High-level review of other discipline plans.
- Provide equipment information to the structural engineer. Details and calculations are to be provided by the structural engineer.
- Final equipment specifications (section 11 4000).
- Final equipment cut sheets.
- Value engineering strategy and coordination.
PLAN CHECK
- Coordination of health department submittal requirements with the design team - Health department plan check corrections (responses and changes) - Assist with city plan check corrections (foodservice items only) BIDDING: – to be billed hourly
- Foodservice equipment bid review and comparison.
- Respond to foodservice related RFI’s.
CONSTRUCTION ADMINISTRATION – to be billed hourly
- Respond to foodservice related RFI’s.
- Develop design bulletins and addendums.
- Review custom equipment submittals.
- Review buy-out equipment submittals.
- Provide a written punch list report.
- Develop project close-out documents for foodservice related components.
Discipline: Signage and Wayfinding
Consultant: Paul Halajian Architects
Scope:
- Discuss branding, identity, and placemaking concepts and investigate strategies that will capitalize on investment in new library facility.
- Create initial graphics, font types, materials and colors that reinforce library identity. - Develop strategy for way finding and place making.
- Develop graphic representation of overall signage and wayfinding approach. - Identify sign types, directories, monument signs and other wayfinding tools. - Develop signage and wayfinding schedule and coordinate with construction documents and specifications. - After the Signage contract is awarded, obtain mock-ups for final Library approval. - Oversee installation.
-
Discipline: Commissioning Authority Services
Consultant: Lawrence Engineering Services
Scope:
The intention of Commissioning is to document and verify the project’s energy-related systems are installed and tested to perform according to the Owner’s Project Requirements (OPR), Basis of Design (BOD), and construction documents that span the entire design and construction process.
Commissioning Services:
- Assist in developing the Owner’s Project Requirements. - Assist designers in the creation of the Basis of Design. - Complete Design Review Compliance Forms, NRCC-CXR-E, to comply with 2022 California Energy Code. - Provide and coordinate Commissioning specifications.
- Develop the Commissioning Plan based on the OPR, BOD, and construction documents.
PAUL HALAJIAN ARCHITECTS
July 21, 2023
Revised July 31, 2023 PORTERVILLE PUBLIC LIBRARY ATTACHMENT A 18 - Provide a review of design plans to ensure adherence with OPR and BOD. - Work with contractors to create functional tests for contractors to perform persystem. - Conduct commissioning meetings with the construction team, as necessary. - Compile contractor reports and functional test results for review/integration into the Final Commissioning Report.
- Document fulfillment of maintenance and operation training. - Provide specifications as needed for contractor education of the commissioning process. - Conduct site visits to witness functional testing by contractors. - Provide a Final commissioning Report in PDF only.
Discipline: Cost Estimating Services
Consultant: Sierra West Group Construction Consultants
Scope:
- Prepare estimates at the programming, 100% schematic design, 50% design development, 100% design development, 50% construction document, and 90% construction document milestones. - The estimates will be prepared in a CSI format and will include civil, architectural, structural, mechanical, and electrical estimates.
___________________________________________________________________________________________ ___ Discipline: Traffic Impact Study Consulting Services
Consultant: Peters Engineering Group
Scope:
- The Traffic Impact Study will be prepared in general conformance with the City of Porterville requirements and the County of Tulare SB 743 Guidelines dated June 8, 2020 (County Guidelines).
Kickoff Meeting
- The consultant will attend a kickoff meeting with City staff and Client to discuss pertinent aspects of the Project.
It is assumed that the kickoff meeting will be accomplished via video conference or telephone.
Field Review
- Consultant will perform a field review to ascertain the existing road conditions and traffic patterns in the vicinity of the Project site.
Project Trip Generation
- Consultant will calculate the number of vehicle trips expected to be generated by the Project utilizing data available in the Institute of Transportation Engineers Trip Generation Manual, 11th Edition to the extent possible.
Project Traffic Modeling
Consultant will coordinate with the Tulare County Association of Governments (TCAG) to perform Project-specific traffic modeling. A select zone analysis will be requested to estimate the expected regional distribution.
Discipline: Commissioning Authority Services
Consultant: Lawrence Engineering Services
Scope:
The intention of Commissioning is to document and verify the project’s energy-related systems are installed and tested to perform according to the Owner’s Project Requirements (OPR), Basis of Design (BOD), and construction documents that span the entire design and construction process.
Commissioning Services:
- Assist in developing the Owner’s Project Requirements. - Assist designers in the creation of the Basis of Design. - Complete Design Review Compliance Forms, NRCC-CXR-E, to comply with 2022 California Energy Code.
PAUL HALAJIAN ARCHITECTS
July 21, 2023
Revised July 31, 2023 PORTERVILLE PUBLIC LIBRARY ATTACHMENT A 19 - Provide and coordinate Commissioning specifications. - Develop the Commissioning Plan based on the OPR, BOD, and construction documents. - Provide a review of design plans to ensure adherence with OPR and BOD. - Work with contractors to create functional tests for contractors to perform persystem. - Conduct commissioning meetings with the construction team, as necessary. - Compile contractor reports and functional test results for review/integration into the Final Commissioning Report.
- Document fulfillment of maintenance and operation training. - Provide specifications as needed for contractor education of the commissioning process. - Conduct site visits to witness functional testing by contractors. - Provide a Final commissioning Report in PDF only.
Discipline: Cost Estimating Services
Consultant: Sierra West Group Construction Consultants
Scope:
- Prepare estimates at the programming, 100% schematic design, 50% design development, 100% design development, 50% construction document, and 90% construction document milestones. - The estimates will be prepared in a CSI format and will include civil, architectural, structural, mechanical, and electrical estimates.
___________________________________________________________________________________________ ___ Discipline: Traffic Impact Study Consulting Services
Consultant: Peters Engineering Group
Scope:
- The Traffic Impact Study will be prepared in general conformance with the City of Porterville requirements and the County of Tulare SB 743 Guidelines dated June 8, 2020 (County Guidelines).
Kickoff Meeting
- The consultant will attend a kickoff meeting with City staff and Client to discuss pertinent aspects of the Project.
It is assumed that the kickoff meeting will be accomplished via video conference or telephone.
Field Review
- Consultant will perform a field review to ascertain the existing road conditions and traffic patterns in the vicinity of the Project site.
Project Trip Generation
- Consultant will calculate the number of vehicle trips expected to be generated by the Project utilizing data available in the Institute of Transportation Engineers Trip Generation Manual, 11th Edition to the extent possible.
Project Traffic Modeling
- Consultant will coordinate with the Tulare County Association of Governments (TCAG) to perform Projectspecific traffic modeling. A select zone analysis will be requested to estimate the expected regional distribution of Project trips, along with associated estimates of vehicle miles traveled (VMT) per employee, if applicable.
Utilizing the results of the modeling, the local distribution of Project trips will be estimated based on available traffic counts, the locations of complementary land uses, and engineering judgment.
VMT Analysis
- Consultant will review the Project trips calculated in Task 103 against trip generation thresholds established in the County Guidelines. The consultant will review the results of the travel model and information available in the County Guidelines to determine whether the Project will cause a significant transportation impact for CEQA purposes. If the Project will cause a significant impact, impact fees identified by the City of Porterville or those presented in the County Guidelines could be recommended as mitigation.
Agency Coordination
- Consultant will summarize the results of Tasks 101 through 105 in a scoping letter that will include a figure identifying the volume and distribution of project trips to the adjacent road network. The letter will be
PAUL HALAJIAN ARCHITECTS
July 21, 2023
Revised July 31, 2023 PORTERVILLE PUBLIC LIBRARY ATTACHMENT A 20 presented to City staff with a request for a scoping meeting or written requirements for the study. The consultant will attend a scoping meeting with City staff if required. Based on the information presented, City staff (with input from any other affected agencies) will have the opportunity to identify the intersections and road segments required to be studied.
PHASE II – TRAFFIC ANALYSES AND REPORT
- Upon completion of Phase I of the traffic impact study, the Consultant will provide the Client with the actual fee for Phase II of the study based on the study locations required by the City and affected agencies. Phase II of the study will begin when the Client authorizes the fee associated with Phase II of the study based on the actual scope of work required by City staff.
Traffic Counts
- Manual traffic counts (including turning movements, bicycles, pedestrians, and heavy vehicles) will be performed at the study intersections required by the city between the hours of 7:00 a.m. and 9:00 a.m. on a weekday morning and between the hours of 4:00 p.m. and 6:00 p.m. on a weekday evening, or at times specified by the City. If required by the City, 24-hour counts will be performed on study road segments.
Pending and Cumulative Projects
- Consultant will coordinate with City staff to identify pending projects in the vicinity of the site. The additional traffic volumes expected to be generated by those projects will be estimated and included in the analyses.
Traffic Analyses
- The consultant will perform intersection and road segment analyses as required by the City. It is anticipated that analyses will be required for at least the following scenarios:
o Existing Conditions.
o Existing-Plus-Project Conditions.
o Near-Term With-Project Conditions; and
o Cumulative (Year 2044) With-Project Conditions.
- Operational analyses will be performed to determine the level of service and queuing conditions at the study locations for each of the study scenarios.
- The time periods to be analyzed include the weekday a.m. and p.m. peak hours. Future traffic volume forecasts will be based on the TCAG travel model and either an increment method or a growth rate determined from the model output.
- If potential traffic issues are identified as a result of the operational analyses (levels of service), recommendations to improve levels of service will be developed. - Traffic signal warrant analyses will be performed if required by the City.
Traffic Impact Study Report
- Consultant will prepare a report for review by the Client, City staff, and any other affected agencies. The report will be provided in electronic portable document format (pdf) and will include a presentation of the results of the tasks outlined herein. Should the City or other reviewing agencies have comments requiring revisions to the report, the report will be revised, or an addendum report will be prepared to address each comment. Comments by a reviewing agency that require work that was not included in the scope agreed upon during Phase I will be performed as Additional Services as described below.
Exclusions:
- For the purposes of this proposal, it is assumed that weekend analyses will not be required. ___________________________________________________________________________________________ ___ Discipline: Geotechnical Engineering
Consultant: Krazan and Associates, Inc.
Scope:
- Drill eight (8) exploratory borings within the site to evaluate the subsurface soil conditions. The exploratory borings will be advanced to depths of approximately 10 to 25 feet or auger refusal. - Two (2) bulk subgrade soil samples will also be collected for laboratory R-Value testing. - During drilling operations, penetration tests will be performed at regular intervals to evaluate the soil consistency and to obtain information regarding the engineering properties of the subsoils. Soil samples will be retained for laboratory testing.
- The soils encountered will be continuously examined and visually classified in accordance with the Unified Soil Classification System.
PAUL HALAJIAN ARCHITECTS
July 21, 2023
Revised July 31, 2023 PORTERVILLE PUBLIC LIBRARY ATTACHMENT A 21 - All fieldwork will be done under the supervision of a Geotechnical Engineer. - The Geotechnical Engineering Investigation Report will address the following items:
o Introduction
o Site Description
- Geologic Setting
- Soils Profile and Subsurface Conditions
- Groundwater Conditions
- Engineering Conclusions and Recommendations of:
o Site Preparation
▪ Over-Excavation
▪ Non-Expansive Fill
▪ Compaction Requirements
▪ Utility Trench Requirements
▪ Mitigation Measures for Expansive Soils
o Structure Requirements
▪ Bearing Capacity for Various Foundation Designs
▪ Footing Depth Requirements
▪ Anticipated Settlement
▪ Floor Slab Reinforcement
▪ Moisture BarrierRequirements
▪ Lateral Earth Pressures
▪ Chemically Reactive Soil Conditions Related to Construction Materials ▪ Site Class, Site Coefficients, and Design Spectral Response Acceleration Parameters per 2022 CBCCode.
o Pavement Requirements
▪ R-Value Testing of Soils
▪ Pavement Sections for Various Traffic Loads
▪ Compaction Requirements
- Boring Location
- Boring Logs
- Discussion of Field and Laboratory Testing Methods
Exclusions:
Laboratory testing will be dependent on the results of the field-testing and sampling program, as well as consideration of the foundation system most practical and cost-effectiveforthe project. A series of dry density determinations, moisture contents, expansion tests, direct shear tests, R-Value, and consolidation tests are anticipated. The results of the field exploration, laboratory testing, and engineering analysis will be presented in a formal report after a thorough discussion of the project findings with the other Project Consultants.
The estimate does NOT include environmental assessment costs, geologic hazards evaluation costs, plan review costs on construction testing and inspection costs. The scope of services does not include percolation testing or excavation of backhoe pits. If any of the additional services are needed, please do not hesitate to contact me. This proposal is valid for a period of 90 days after which Krazan & Associates reserves the right to modify its content.
PAUL HALAJIAN ARCHITECTS PORTERVILLE PUBLIC LIBRARY SCOPE OF WORK DESCRIPTION July 21, 2023 ATTACHMENT ”A
22 PAUL HALAJIAN ARCHITECTS PORTERVILLE PUBLIC LIBRARY SCOPE OF WORK DESCRIPTION July 21, 2023 ATTACHMENT ”A
23 PAUL HALAJIAN ARCHITECTS Porterville Public Library
Porterville, CA
July 19, 2023
Revised: July 31, 2023
FEE BREAKDOWN
ASSUMPTIONS
Assumed Site area 128,142 gsf
$ 30.00 $/sf
$ 3,844,248
Assumed Building Area 40,000 asf
$ 628.89 $/sf
$25,155,752
Site Structures 5,000
$ 200.00
$1,000,000
TOTAL ASSUMNED CONSTRUCTION COST $ 750 $30,000,000
TOTAL CONSTRUCTION BUDGET $30,000,000
Fee for Basic Services Design/Bid/Build 7.31% $ 2,193,000 Fee for Additional Services 3.44% $ 1,033,000
FEE FOR BASIC AND SUPPLEMENTAL SERVICES 10.75% $ 3,226,000 Reimbursable Budget $ 20,000
46.87% 9.49% 4.65% 6.97% 68%
Basic Services Fee for
Architectural Structural Mech/Plumb Elect Basic
duration % by PHA % by P&P LEG RSE Services % by
mos phase 68.95% phase 13.95% 6.84% 10.26% PHA 15% profit PHA working fee 100.00% phase Programming/Concept Design 2.0 3% $ 45,360 0% $ - $ - $ - $ 6,804 $ 38,556 $ 45,360 2.1% Schematic Design 3.0 15% $ 226,800 20% $ 61,200 $ 30,000 $ 45,000 $ 34,020 $ 192,780 $ 363,000 16.6% Design Development 2.5 12% $ 181,440 13% $ 39,780 $ 19,500 $ 29,250 $ 27,216 $ 154,224 $ 269,970 12.3% Construction Documents Phase 5.5 40% $ 604,800 40% $ 122,400 $ 60,000 $ 90,000 $ 90,720 $ 514,080 $ 877,200 40.0% Approval Phase 1.5 3% $ 45,360 5% $ 15,300 $ 7,500 $ 11,250 $ 6,804 $ 38,556 $ 79,410 3.6% Bidding Phase 1.5 2% $ 30,240 2% $ 6,120 $ 3,000 $ 4,500 $ 4,536 $ 25,704 $ 43,860 2.0% Construction Administration Phase 16.0 25% $ 378,000 20% $ 61,200 $ 30,000 $ 45,000 $ 56,700 $ 321,300 $ 514,200 23.4%
32.0 100% $ 1,512,000 100% $ 306,000 $ 150,000 $ 225,000 $ 226,800 $ 1,285,200 $ 2,193,000 100% Non-Library related Scope (monument design) 2% allocated fee for Monumnent design and documentation $ 30,240 158.00 miles round trip
$ 0.655 $/mile
$ 103.49 $/trip
40.00 # of trips
$ 4,139.60 PHA reimbursable budget
$ 2,985.00 Printing/plotting budget
14.42% 2.63% 2.11% 1.29% 1.47% 1.14% 1.80% 0.96% 0.79% 1.22% 0.84% 0.93% 1.63% 0.57% 0.21% 32.02% Supplemental Services Fee for
I.D & Lib Plan. Civil Landscape Acoustics A/V Security Telecom Lighting Fire Sprinklers Food Service Signage Commissioning Cost Estimating Traffic Study Geotechnical Additional duration % by N&T % by BC&F O'Dell Salter Salter Salter Salter Miniscule LEG Webb PHA % by LEG % by Sierra West % by Peters Eng. Krazan Services % by mos phase 45.04% phase 8.21% 6.58% 4.02% 4.60% 3.56% 5.61% 3.01% 2.48% 3.82% 2.61% phase 2.90% phase 5.08% phase 1.79% 0.67% 100.00% phase Programming/Concept Design 2.0 11% $ 52,600 0% $ - $ - $ - $ - $ - $ - $ - $ - $ - $ - 0% $ - 6% $ 3,000 100% $ 18,500 $ 6,900 $ 81,000.00 7.84% Schematic Design 3.0 14% $ 63,580 20% $ 16,960 $ 13,600 $ 8,300 $ 9,500 $ 7,360 $ 11,600 $ 6,220 $ 5,120 $ 7,900 $ 5,400 10% $ 3,000 11% $ 6,000 0% $ - $ - $ 164,540.00 15.9% Design Development 2.5 28% $ 131,440 13% $ 11,024 $ 8,840 $ 5,395 $ 6,175 $ 4,784 $ 7,540 $ 4,043 $ 3,328 $ 5,135 $ 3,510 15% $ 4,500 56% $ 29,500 0% $ - $ - $ 225,214.00 21.8% Construction Documents Phase 5.5 27% $ 126,400 40% $ 33,920 $ 27,200 $ 16,600 $ 19,000 $ 14,720 $ 23,200 $ 12,440 $ 10,240 $ 15,800 $ 10,800 20% $ 6,000 27% $ 14,000 0% $ - $ - $ 330,320.00 32.0% Approval Phase 1.5 10% * $ 47,780 5% $ 4,240 $ 3,400 $ 2,075 $ 2,375 $ 1,840 $ 2,900 $ 1,555 $ 1,280 $ 1,975 $ 1,350 0% $ - 0% $ - 0% $ - $ - $ 70,770.00 6.9% Bidding Phase 1.5 0% $ - 2% $ 1,696 $ 1,360 $ 830 $ 950 $ 736 $ 1,160 $ 622 $ 512 $ 790 $ 540 0% $ - 0% $ - 0% $ - $ - $ 9,196.00 0.9% Construction Administration Phase 16.0 9% $ 43,500 20% $ 16,960 $ 13,600 $ 8,300 $ 9,500 $ 7,360 $ 11,600 $ 6,220 $ 5,120 $ 7,900 $ 5,400 55% $ 16,500 0% $ - 0% $ - $ - $ 151,960.00 14.7%
32.0 100% $ 465,300 100% $ 84,800 $ 68,000 $ 41,500 $ 47,500 $ 36,800 $ 58,000 $ 31,100 $ 25,600 $ 39,500 $ 27,000 100% $ 30,000 100% $ 52,500 100% $ 18,500 $ 6,900 $ 1,033,000.00 Reimbursables $ 5,000 $ 1,500 $ 3,000 $ 650 $ 650 $ 975 $ 300 $ - $ 300 $ 500 $ - $ - $ - $ - $ 12,875 * N&T $47,780 FF&E Documentation - allocate their fee for this Phase per conversation with Trina 072823 $ 6,900
Non-Library related Scope (Sports Complex Masterplaning, FEMA studies, SWPPP, ISR, Commissioning, Traffic Study, Geotechnical Investigation) $ 60,800 $ 30,000 $ 18,500 $ 6,900 $ 146,440.00 $ - PHA mark-up Fee for Basic and
Supplemental
duration % by Services % by
mos phase 100.00% phase
Programming/Concept Design 2.0 $ 126,360 3.92%
Schematic Design 3.0 $ 527,540 16.4%
Design Development 2.5 $ 495,184 15.3%
Construction Documents Phase 5.5 $ 1,207,520 37.4%
Approval Phase 1.5 $ 150,180 4.7%
Bidding Phase 1.5 $ 53,056 1.6%
Construction Administration Phase 16.0 $ 666,160 20.6%
32.0 0 $ 3,226,000 100.0%
$ -
PORTERVILLE PUBLIC LIBRARY
ENGINEERING DIVISION
CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 LOCATOR MAP
N PLANO ST
W OLIVE AVE
SOUTH COUNTY
JUSTICE CENTER
Item No. 8.
CITY COUNCIL AGENDA – AUGUST 15, 2023
SUBJECT: Approval of Active Transportation Program (ATP) Measure R Program Supplements to Cooperative Agreements
SOURCE: Engineering and Project Management
COMMENT: The Tulare County Association of Governments (TCAG), acting as the Local Transportation Authority ("Authority") is requesting that the City approve and submit a Supplemental Agreement (SA) for the Butterfield Stage Corridor Project and the Rails to Trails Corridor Lighted Crosswalk Project. The Butterfield Stage Corridor project will develop an active transportation corridor of approximately 3.9 miles in length that will include solar lighting, water stations, wayfinding, benches, and controlled crossing systems. The Rails to Trails Corridor Lighted Crosswalk Project included the installation of high visibility crosswalk warning lights systems in various locations along the existing Rails to Trails Corridor (now called the Santa Fe Byway).
The Authority requires the processing of an SA for each project for the purpose of reimbursing one hundred percent (100%) of the design, construction management, quality control, and non-participating construction costs. The Active Transportation Program (ATP) grant will fund up to $6,700,000 of the construction costs of the Butterield Stage Corridor Project, requiring a total amount of $6,473,499 of the City's share of the Measure 'R' Alternate Transporation Funds to fully fund the project. The ATP grant originally covered up to $107,000 of the Rails to Trails Corridor Project, but delays in delivery of final documentation requires this amount to now be covered by the City's share of the Measure 'R Alternate Transportation Funds and the existing agreement to be updated.
As stated above, a Supplemental Agreement, Resolution and Exhibit 'A' must be received by the Authority before the City can seek reimbursement for said design, non-participating construction, and construction management costs.
Exhibit 'A' provides the project title, project scope, and estimate of probable cost for each project.
RECOMMENDATION: That the City Council:
1. Approve the attached draft Resolutions in support of the Program Supplements to the Cooperative Agreement;
2. Authorize the Mayor and City Clerk to execute the Program Supplements, and
3. Authorize staff to forward the executed Program Supplements to TCAG for approval.
Item No. 8.
ATTACHMENTS: 1. Measure 'R' Program Supplement to Cooperative Agreement - Butterfield
2. Draft Resolution - Butterfield Stage Corridor
3. Locator Map - Butterfield Stage Corridor
4. Measure 'R' Program Supplement to Cooperative
Agreement - Rails to Trails
5. Draft Resolution - Rails to Trails
6. Locator Map - Rails to Trails Corridor
Appropriated/Funded:
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
MEASURE ‘R’ PROGRAM SUPPLEMENT TO
COOPERATIVE AGREEMENT
This Program Supplement is made and entered into on August 15, 2023, by and between the City of Porterville (“Sponsor”) and the TULARE COUNTY ASSOCIATION OF GOVERNMENTS, acting as the Local Transportation Authority (“Authority”).
This Program Supplement hereby incorporates the “Measure ‘R’ Cooperative Agreement” for Measure ‘R’ expenditures, which was entered into between the Sponsor and the Authority on May 29, 2007, and is subject to all terms and conditions thereof. This Program Supplement is executed under authority of Resolution No. ___-2023, approved by the Sponsor on August 15, 2023 (see copy attached).
Project scope and costs are incorporated herein as Exhibit “A” and agreed upon by Sponsor and Authority.
Covenants of Sponsor
1.1. SPONSOR agrees that it will only proceed with work authorized for specific phase(s) with a written “Authorization to Proceed” or AUTHORITY action and will not proceed with future phase(s) of this project(s) prior to receiving a written “Authorization to Proceed” or AUTHORITY action.
1.2. The SPONSOR will advertise, award, and administer the project(s) in accordance with SPONSOR standards.
1.3. Award information shall be submitted by the SPONSOR to the AUTHORITY within 60 days after the project contract award.
1.4. Failure to submit award information in accordance with section 1.3 will cause a delay (without interest or penalties) in AUTHORITY processing invoices for the construction phase.
1.5. If no costs have been invoiced for a six-month period, SPONSOR agrees to submit for each phase a written explanation of the absence of project(s) activity along with target billing date and billing amount.
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the day and year first written above.
COUNTY OF TULARE
TRANSPORTATION AUTHORITY CITY OF PORTERVILLE
By: _____________________________________ By: ____________________ Authority Director Martha A. Flores, Mayor
Attest:
By: ____________________
John D. Lollis, City Clerk
EXHIBIT “A”
Butterfield Stage Corridor Project
Project Scope
Development of an active transportation corridor (approximately 3.9 miles in length) to include solar lighting, water stations, wayfinding, benches, and controlled lighted crossing systems.
Project Costs
Butterfield Stage Corridor
Project Tasks Engineer’s Estimate
Construction $10,863,407.00
Construction Management
and Quality Control
$1,086,340.00
Right of Way $50,000.00
Preparation Plans,
Specifications and Estimate,
Environmental Documentation
and Caltrans Project Approval
$1,173,752.00
Total Estimated Costs $13,173,499.00
Current Funding Sources
ATP Share of Construction Only $6,700,000.00
Measure ‘R’ Construction Match $0.00
Measure ‘R’ Preliminary
Engineering, Non-Participating
Construction and Construction
Management
$6,473,499.00
Total Funding Available $13,173,499.00
Project Schedule
Butterfield Stage Corridor
Project Tasks Date
Environmental (PA/ED) complete 10/21/2021
Design (PS&E) complete 10/21/2023
Authorization to Advertise Project 12/31/2023
Award Construction Project 02/29/2024
Begin Construction 04/01/2024
End Construction 09/30/2024
RESOLUTION NO. - 2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE
AFFIRMING AND APPROVING THE SUPPORT OF THE CITY COUNCIL FOR THE
BUTTERFIELD STAGE CORRIDOR PROJECT
WHEREAS, the City of Porterville Bike and Pedestrian Program is eligible to receive 100% reimbursement for the design, non-participating construction costs, construction management and quality control costs ($1,223,752), and $5,249,747 reimbursement for the construction costs associated with the Butterfield Stage Corridor Project, which meets the Measure ‘R’ guidelines and City General Plan for alternate modes of travel; and
WHEREAS, the Tulare County Association of Governments is requesting that the City of Porterville approve and submit a Supplemental Agreement that will allow the City to receive reimbursement for all design costs incurred in Fiscal Year 2022/2023 and all non-participating construction and construction management costs incurred in Fiscal Year 2023/204;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Porterville does hereby affirm and approve support of the Butterfield Stage Corridor Project (ATP Grant) and authorizes the Mayor and City Clerk to execute the Program Supplement and any other related documents as may be required.
PASSED, APPROVED and ADOPTED this 15th day of August 15, 2023.
Martha A. Flores, Mayor
ATTEST:
John D. Lollis, City Clerk
By: Patrice Hildreth, Chief Deputy City Clerk
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65 PORTER
RD
VILLA ST
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NORTH GRAND AVE
INDIANA ST
PROSPECT ST
MATHEW ST
NEWCOMB ST WESTFIELD AVE
HENDERSON AVE
MAIN ST
North
Park
Zalud
Park
Hayes
Field
Veterans Park
Monache
High School
Strathmore
High School
Harmony
Magnet
Academy
Butterfield
Charter
High School
Sequoia
Middle
School
Monte Vista
Elementary
Westfield
Elementary
Porterville
Adult School
Oak Grove
Elementary
School
Porterville
Military
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190
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SCRANTON AVE
PROSPECT ST
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GIBBONS AVE
POPLAR AVE
DATE AVE
LIME ST
TEAPOT DOME AVE
SPRINGVILLE AVE
PORTER RD
ORANGE AVE
WESTFIELD AVE
VILLA ST
INDIANA ST
OLIVE AVE
MORTON AVE
HENDERSON AVE
PLANO ST
MAIN ST
Olivewood
Mini Park
North
Park
Zalud Park
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Trails
Murry
Park
Community
Center
Tule River
Parkway
Lions
Mini Park
Heritage
Center
Pioneer
Ballfield
Hayes
Field
Veterans Park
Centennial
Plaza
Park
Fallen
Heroes Park
Municiple
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Porterville
High School
Citrus High
School
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Community
Day School
Bartlett
Middle
School
Pioneer
Middle
School
Belleview
Elementary
Los Robles
Elementary
Monte Vista
Elementary
Olive Street
Elementary
Roche Avenue
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Santa Fe
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Vandalia
Elementary
West Putnam
Elementary
Porterville
College
St. Anne's
School
Tulare County
Child Care
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School
L.B. Hill
Learning
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Porterville
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Community
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City Hall
Barn Theatre
Corporation
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Depot
Zalud House
Justice
Center
Museum
Animal
Shelter
Family
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Center
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Defender
The Dixie
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Pro Document
Solutions
Green Power
Motor Company
Walmart
Distribution
Center
US Forest
Service
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Butterfield Stage Corridor
0 0.25 0.5Miles
±
Date Printed: 9/17/2019
by the Community Development Department
å
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OLIVE AVE
ORANGE AVE
MORTON AVE
MAIN ST
PLANO ST
Rails to
Trails
Lions
Mini Park
Heritage
Center
Centennial
Plaza Park
Vine Street
Community
Day School
Belleview
Elementary
Roche Avenue
Elementary
Santa Fe
Elementary
Porterville
Transit
Center
Heritage
Community
Center
City Hall
Barn Theatre
Santa Fe
Depot
Zalud House
Justice
Center
Museum
Animal
Shelter
Family
Crisis
Center
DA/Public
Defender
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Proposed Trail
Affordable Housing
Employment
Facilities
Library
Post Office
Shopping Center
å Schools
Family Health Care Network
PÆ Hospital
Fire Station
Police Station
Parks
City Limits
North Section
South Section
MEASURE ‘R’ PROGRAM SUPPLEMENT TO
COOPERATIVE AGREEMENT
This Program Supplement is made and entered into on August 15, 2023, by and between the City of Porterville (“Sponsor”) and the TULARE COUNTY ASSOCIATION OF GOVERNMENTS, acting as the Local Transportation Authority (“Authority”).
This Program Supplement hereby incorporates the “Measure ‘R’ Cooperative Agreement” for Measure ‘R’ expenditures, which was entered into between the Sponsor and the Authority on May 29, 2007, and is subject to all terms and conditions thereof. This Program Supplement is executed under authority of Resolution No. ___-2023, approved by the Sponsor on August 15, 2023 (see copy attached).
Project scope and costs are incorporated herein as Exhibit “A” and agreed upon by Sponsor and Authority.
Covenants of Sponsor
1.1 SPONSOR agrees that it will only proceed with work authorized for specific phase(s) with a written “Authorization to Proceed” or AUTHORITY action and will not proceed with future phase(s) of this project(s) prior to receiving a written “Authorization to Proceed” or AUTHORITY action.
1.2 The SPONSOR will advertise, award, and administer the project(s) in accordance with SPONSOR standards.
1.3 Award information shall be submitted by the SPONSOR to the AUTHORITY within 60 days after the project contract award.
1.4 Failure to submit award information in accordance with section 1.3 will cause a delay (without interest or penalties) in AUTHORITY processing invoices for the construction phase.
1.5 If no costs have been invoiced for a six-month period, SPONSOR agrees to submit for each phase a written explanation of the absence of project(s) activity along with target billing date and billing amount.
IN WITNESS WHEREOF, the undersigned parties have executed this Agreement on the day and year first written above.
COUNTY OF TULARE
TRANSPORTATION AUTHORITY CITY OF PORTERVILLE
By: _____________________________________ By: ____________________ Authority Director Martha A. Flores, Mayor
Attest:
By: ____________________
John D. Lollis, City Clerk
EXHIBIT “A”
Rails to Trails Corridor Lighted Crosswalk Project
Project Scope
High visibility crosswalk warning light systems will be installed in four locations along the Rails to Trails corridor. The crosswalk light systems utilize ultra-bright LED bidirectional canister lights in the pavement, push-button actuators, and flashing LED pedestrian crossing signs.
Project Costs
Rails to Trails Corridor
Lighted Crosswalk Tasks Engineer’s Estimate
Construction $115,000.00
Construction Management
and Quality Control
$12,000.00
Right of Way $3,000.00
Preparation Plans,
Specifications and Estimate,
Environmental Documentation
and Caltrans Project Approval
$12,000.00
Total Estimated Costs $142,000.00
Current Funding Sources
ATP Share of Construction Only $0.00
Measure “R” Construction
Match
$20,000.00
Measure “R” Preliminary
Engineering, Non-Participating
Construction and Construction
Management
$122,000.00
Total Funding Available $142,000.00
Project Schedule
Rails to Trails Corridor Lighted
Crosswalk Schedule Date
Environmental (PA/ED) complete 12/01/2017
Design (PS&E) complete 01/05/2018
Authorization to Advertise Project 03/06/2018
Award Construction Project 04/17/2018
Begin Construction 06/04/2018
End Construction 05/30/2020
RESOLUTION NO. - 2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE
AFFIRMING AND APPROVING THE SUPPORT OF THE CITY COUNCIL FOR THE
RAILS TO TRAILS CORRIDOR LIGHTED CROSSWALK PROJECT
WHEREAS, the City of Porterville Bike and Pedestrian Program is eligible to receive 100% reimbursement for the design, non-participating construction costs, construction management and quality control costs ($122,000), and $20,000 reimbursement for the construction costs associated with the Rails to Trails Corridor Lighted Crosswalk Project, which meets the Measure ‘R’ guidelines and City General Plan for alternate modes of travel; and
WHEREAS, the Tulare County Association of Governments is requesting that the City of Porterville approve and submit a Supplemental Agreement that will allow the City to receive reimbursement for all design costs incurred in Fiscal Year 2017/2018 and all non-participating construction and construction management costs incurred in Fiscal Year 2018/2019 & 2019/2020;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Porterville does hereby affirm and approve support of the Rails to Trails Corridor Lighted Crosswalk Project (ATP Grant) and authorizes the Mayor and City Clerk to execute the Program Supplement and any other related documents as may be required.
PASSED, APPROVED and ADOPTED this 15th day of August 15, 2023.
Martha A. Flores, Mayor
ATTEST:
John D. Lollis, City Clerk
By: Patrice Hildreth, Chief Deputy City Clerk
PARK DR.
CORONA DR.
WILLIAMS DR. ANDRES ST. EASTRIDGE CIR.
A STREET
B STREET
C STREET
D STREET
PARK
PLACE
GREVELIA THURMAN AVE. CLEVELAND AVE.
PARK VIEW ST.
CORONA DR.
LARSON ST.
ESTHER ST. WILLOW ST.
FIG ST.
HENRY ST.
MURRY ST. GARDEN AVE. OAK AVE. MILL AVE.
FOURTH ST.
SECOND ST.
THIRD ST. PUTNAM AVE.
ROCHE ST.
MURRY ST.
BAKER ST. PUTNAM AVE.
DIVISION ST.
HOCKETT ST.
E STREET
D STREET
PLANO ST.
PLANO ST.
MAIN ST. MAIN ST. OLIVE AVE.
PARK DR.
A STREET
B STREET VINE AVE. HARRISON CIRCLE
PARK
PLACE
GREVELIA
PLACE THURMAN AVE. CLEVELAND AVE.
LARSON ST.
ESTHER ST. WILLOW ST.
FIG ST.
MURRY ST. GARDEN AVE. OAK AVE. MILL AVE.
FOURTH ST.
SECOND ST.
THIRD ST. PUTNAM AVE. HARRISON AVE.
ROCHE ST.
MURRY ST.
BAKER ST. CHERRY AVE. PUTNAM AVE.
DIVISION ST. THURMAN AVE. HARRISON AVE.
HOCKETT ST.
E STREET
F STREET
D STREET MORTON AVE.
PLANO ST.
MAIN ST. MAIN ST. OLIVE AVE. OLIVE AVE. HARRISON CIRCLE PARK
PLACE
GREVELIA
PLACE THURMAN AVE. CLEVELAND AVE.
LARSON ST.
ESTHER ST.
FIG ST.
MURRY ST. GARDEN AVE. OAK AVE. MILL AVE.
FOURTH ST.
SECOND ST.
THIRD ST. PUTNAM AVE. HARRISON AVE.
ROCHE ST.
MURRY ST.
BAKER ST. CHERRY AVE. PUTNAM AVE.
DIVISION ST. THURMAN AVE. HARRISON AVE.
HOCKETT ST.
E STREET
F STREET
D STREET KANAI AVE.
MURRY ST.
HENRAHAN ST.
FOURTH ST.
THIRD ST. MORTON AVE. SCHOOL AVE. BELLEVIEW AVE. NORTH AVE.
E STREET
EL GRANITO AVE.
PLANO ST.
MAIN ST. Know what'sbelow. Callbefore you dig.
R
Item No. 9.
CITY COUNCIL AGENDA – AUGUST 15, 2023
SUBJECT: Environmental Systems Research Institute (ESRI) Annual Maintenance Contract
SOURCE: Community Development
COMMENT: The City has utilized Environmental Systems Research Institute (ESRI) software for geographical information system (GIS) needs since 2004. At its meeting on August 21, 2018, the City Council approved a contract with ESRI for a more robust commercial GIS system. The GIS software includes an annual maintenance agreement, which includes basic licenses, advanced licenses, viewer licenses, and a network analyst extension. The various licenses support the needs of multiple City departments, including Police, Fire, Public Works, Engineering and Project Management, Community Development, and Finance.
The City’s emergency services dispatch system and building permit system also utilize the GIS system and data.
The annual maintenance fee is $10,450.00, which is available through the General Fund and applicable enterprise fund accounts. The benefits of maintaining the GIS software include receiving up-to-date software upgrades, technical support, training, and access to industry solutions.
RECOMMENDATION: That the City Council authorize staff to sign the annual maintenance agreement renewal with Environmental Systems Research Institute (ESRI).
ATTACHMENTS: 1. Esri Renewal Quotation
Appropriated/Funded:
Review By:
Department Director:
Jason Ridenour, Assistant City Manager
Final Approver: John Lollis, City Manager
Subject: Renewal Quotation
Date: 07/25/2023
To: Rachel Ginsberg
Organization: City of Porterville
Community Development
Fax #: 559-781-6437 Phone #: 559-781-7875
From: Heather Carmody
Fax #: 909-793-4801 Phone #: +19093692314 Ext. 2314
Email: [email protected]
Number of pages transmitted Quotation #26158095
(including this cover sheet): 5 Document Date: 07/25/2023 Please find the attached quotation for your forthcoming term. Keeping your term current may entitle you to exclusive benefits, and if you choose to discontinue your coverage, you will become ineligible for these valuable benefits and services.
If your quote is regarding software maintenance renewal, visit the following website for details regarding the maintenance program benefits at your licensing level
http://www.esri.com/apps/products/maintenance/qualifying.cfm All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate your coverage at a later date.
Please note: Certain programs and license types may have varying benefits. Complimentary User Conference registrations, software support, and software and data updates are not included in all programs.
Customers who have multiple copies of certain Esri licenses may have the option of supporting some of their licenses with secondary maintenance.
For information about the terms of use for Esri products as well as purchase order terms and conditions, please visit
http://www.esri.com/legal/licensing/software-license.html If you have any questions or need additional information, please contact Customer Service at 888-377-4575 option 5.
Esri Inc
380 New York St
Redlands CA 92373-8118
10 1 93094 1,100.00 1,100.00
ArcGIS Desktop Basic with Extensions Single Use Primary Maintenance Start Date: 10/24/2023
End Date: 10/23/2024
Subscription ID: 4502221141
1010 5 87193 330.00 1,650.00
ArcGIS Desktop Basic Single Use Secondary Maintenance
Start Date: 10/24/2023
End Date: 10/23/2024
Subscription ID: 4502221141
2010 1 122181 3,300.00 3,300.00
ArcGIS Desktop Advanced Single Use Primary Maintenance
Start Date: 10/24/2023
End Date: 10/23/2024
Subscription ID: 4502221141
3010 40 153147 110.00 4,400.00
ArcGIS Online Viewer Annual Subscription
City of Porterville
Community Development
GIS
291 N Main St
Porterville CA 93257-3737
Attn: Rachel Ginsberg
_______________________________________________________________________ Please note Esri has introduced a price change and this quote reflects current pricing for your organization. It is important to us that we are able to continue to deliver value through enhancements to products, solutions, and capabilities.
Your renewal provides access to all the benefits you are familiar with, which you can review at https://go.esri.com/maintenance For questions related to the price change, please reach out to your assigned Esri Account Manager.
Quotation is valid for 90 days from document date.
Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. Esri reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction.
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management, procurement, or invoice program.
To expedite your order, please reference your customer number and this quotation number on your purchase order.
Send Purchase Orders To:
Environmental Systems Research Institute, Inc.
380 New York Street
Redlands, CA 92373-8100
Attn: Heather Carmody
Please include the following remittance address
on your Purchase Order:
Environmental Systems Research Institute, Inc.
P.O. Box 741076
Los Angeles, CA 90074-1076
Item Qty Material# Unit Price Extended Price
_______________________________________________________________________________ _______________________________________________________________________________ Date: 07/25/2023 Quotation Number: 26158095
380 New York St
Redlands, CA 92373-8118
Phone: +190936923142314
Fax #: 909-793-4801
Customer Number: 129405
For questions regarding this document, please contact Customer Service at 888-377-4575.
Quotation
_______________________________________________________________________________ Start Date: 10/24/2023
End Date: 10/23/2024
Subscription ID: 4502221141
Item Subtotal 10,450.00
Estimated Tax 0.00
Total USD 10,450.00
DUNS/CEC: 06-313-4175 CAGE: 0AMS3
Item Qty Material# Unit Price Extended Price
_______________________________________________________________________________ _______________________________________________________________________________
Date: 07/25/2023 Quotation Number: 26158095
380 New York St
Redlands, CA 92373-8118
Phone: +190936923142314
Fax #: 909-793-4801
Quotation
Renewal Options:
Online: Renew through My Esri site at https://my.esri.com Credit Card
Purchase Order
Email Authorization
Email or Fax: Email Authorization, Purchase Order or signed quote to:
Fax: 909-307-3083
Email: [email protected]
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Item No. 10.
CITY COUNCIL AGENDA – AUGUST 15, 2023
SUBJECT: Selection of On-Call Materials Testing Consultants to Add to Current List SOURCE: Engineering and Project Management
COMMENT: At it's meeting on April 4, 2023, the City Council authorized the distribution of a Request for Qualifications (RFQ) to add to the current on-call list of Qualified Materials Testing Firms. Said list is valid until April 5, 2025, with two possible 1-year extensions allowed beyond that date. Staff received five Statements of Qualifications (SOQs) for consideration; of the SOQs received only four met the qualifications of the City's Quality Assurance Program as required. The qualifying SOQs were ranked in accordance with the "Policy for Selecting Consultants to Provide Architectural, Engineering, and Similar Services" adopted by the City Council (Resolution #16-2001). In order to be consistent with the standards set by the current list of on-call materials testing firms, the SOQs must score at least eighty (80) points to be added to said list. Staff reviewed the four qualified SOQs provided by the firms wherein thy were rated according to the aforementioned policy, with the following results:
(1) Blackburn Consulting 84.8 pts
(2) NV5 84.5 pts
(3) DC Inspections 81.4 pts
(4) CTL, Inc 80.6 pts
All four firms ranked high enough to be added to the existing on-call list for materials testing list. Should Council approve the addition of the four firms mentioned above the updated overall ranking of the on-call materials list will be as follows:
(1) BSK Associates 88.6 pts
(2) Soils Engineering, Inc (SEI) 88.6 pts
(3) Krazan & Associates, Inc. 85.1 pts
(5) Blackburn Consulting 84.8 pts
(6) NV5 84.5 pts
(7) RMA GeoScience 82.1 pts
(8) Universal Engineering Sciences 81.6 pts
(9) DC Inspections 81.4 pts
(10) CTL, Inc. 80.6 pts
Staff is pleased with the level of interest in this RFQ and the quality of the SOQs received.
Item No. 10.
RECOMMENDATION: That the City Council:
1. Authorize staff to negotiate on-call contracts with Blackburn Consulting, NV5, DC Inspections, and CTL, Inc;
2. Authorize the Mayor to sign contract agreements;
3. Authorize the Engineering & Project Management Director to sign task orders; and
4. Authorize staff to make payments up to 100% upon
satisfactory completion of tasks.
ATTACHMENTS: 1. Resolution No. 16-2001
Appropriated/Funded:
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
Item No. 11.
CITY COUNCIL AGENDA – AUGUST 15, 2023
SUBJECT: Request For Renewal of Accela PublicStuff One Year Contract SOURCE: City Manager's Office
COMMENT: At its meeting on August 6, 2013, in consideration of options for implementing a City mobile application and Citizen Relationship Management (CRM) system, the City Council authorized a one year contract with Accela for the PublicStuff program for the development of the "myPorterville" mobile application at an expense of $8,800. The expense for the contract was split between the City Council and Community Promotion expenditure accounts for Fiscal Year 2013-2014, given funds were added to these accounts from the refund of a portion of fees paid to the Tulare County Economic Development Corporation.
The current one year contract with Accela will expire on September 16, 2023.
Given the community's positive response to myPorterville, as well as staff's utilization for coordinated Code Enforcement, it is recommended that the City enter into a one year contract with Accela for the PublicStuff Pro application for the renewal price of $14,117.55.
Funding for the contract renewal will come out of the Community Promotions account.
RECOMMENDATION: That the City Council authorize a one year contract renewal with Accela for PublicStuff Pro Services to be used through the myPorterville mobile application.
ATTACHMENTS: 1. Accela Renewal Order Form
Appropriated/Funded:
Review By:
Department Director:
John Lollis, City Manager
Final Approver: John Lollis, City Manager
Item No. 12.
CITY COUNCIL AGENDA – AUGUST 15, 2023
SUBJECT: Status and Review of Local Drought Emergency
SOURCE: City Manager's Office
COMMENT:
At its meeting of May 5, 2015, the City Council took action to approve a Resolution Declaring a Drought Emergency in the City of Porterville. At its meeting of August 1, 2023, the Council reviewed the status of existence of local emergency, and acted to continue its Resolution of local emergency.
Governor Brown issued Executive Order B-29-15 on Wednesday, April 1, 2015, which established drought-related mandates and restrictions in addition to those already stipulated in previous Executive Orders B-26-14 and B-28-14. Of significance, the Governor directed the State Water Resources Control Board to impose restrictions to achieve a statewide twenty-five percent (25%) reduction in potable urban water usage through February 28, 2016, in comparison to the amount used in 2013, and with consideration given to per capita usage as a basis. The Governor further directed the Board to impose additional restrictions on commercial, industrial, and institutional properties with significant landscaping (cemeteries, golf courses, parks, schools, etc.), to also achieve a twenty-five (25%) reduction in potable water usage. Also of significance, the Board was directed to prohibit irrigation with potable water outside of newly constructed homes and buildings that is not delivered by drip or micro-spray systems.
On November 13, 2015, Governor Brown issued Executive Order B-36-15, which extends emergency conservation regulations through October 2016, if drought conditions persist through January 2016. On February 2, 2016, the State Water Resources Control Board adopted extended emergency water conservation regulations, to be in effect March 1 through October 31, 2016.
The City of Porterville benefited somewhat from the extended regulations as the City's water conservation rate has been reduced from thirty-two percent (32%) to twenty-six percent (26%), due to new water connections that have been made and population served (4%), as well as a new climate adjustment factor that was considered (2%).
On May 9, 2016, Governor Brown issued Executive Order B-37-16 ("Making Water Conservation a California Way of Life"), which directs the State Water Resources Control Board to establish new regulations making permanent the emergency conservation regulations. On May 18, 2016, the State Water Resources Control Board adopted a statewide water conservation approach that replaces the percentage reduction-based water conservation standard with a Item No. 12.
localized "stress test" approach that mandates urban water suppliers act immediately to ensure at least a three-year supply of water to their customers under continued drought conditions.
On April 7, 2017, Governor Brown issued Executive Order B-40-17, which ended the drought state of emergency in most of California, with the exception of Fresno, Kings, Tulare and Tuolumne counties where emergency water supply and reliability projects are continuing toward addressing diminishing groundwater supplies. The Order maintains monthly reporting requirements and prohibitions on wasteful practices.
On May 31, 2018, Governor Brown signed both AB 1668 (Friedman) and SB 606 (Hertzberg), which set permanent overall targets for indoor and outdoor water consumption. The legislation sets an initial limit for indoor water use of fifty-five (55) gallons per-person per-day in 2022, reducing to 52.5 gallons perperson per-day in 2025, and finally to fifty (50) gallons per-person per-day in 2030. The amount of residential outdoor use is yet-to-be determined, but will allow for varying regional climates. In addition, a standard for water loss due to leak rates in water system pipes will be established. As an urban water provider, the City will need to submit its plan for compliance for approval by the State Water Resources Control Board.
On March 5, 2021, Secretary Vilsack of the United States Department of Agriculture federally-designated Tulare County as a primary natural disaster area due to ongoing drought conditions. On April 21, 2021, Governor Newsom issued a State of Emergency Proclamation due to drought conditions, including Tulare County. On April 27, 2021, the Tulare County Board of Supervisors adopted a Resolution Proclaiming a Local Emergency due to severe drought conditions. On January 4, 2022, the State Water Resources Control Board adopted emergency regulations to supplement voluntary water conservation.
On March 28, 2022, Governor Newsom issued Executive Order N-7-22, that requires the state's largest water providers (including the City of Porterville) to put in place "Level 2" of water shortage contingency plans, which the City is currently in "Level 4." On June 10, 2022, the State Water Resources Control Board adopted emergency regulations to prohibit the watering of nonfunctional or purely decorative grass in commercial, industrial or institutional properties with potable water. On March 24, 2023, due to atmospheric river storms during the month of March 2023, Governor Newsom issued Executive Order N-5-23 that ended the requirement that the state's largest water providers (including the City of Porterville) put in place "Level 2" of water storage contingency plans (the City of Porterville is currently in "Level 4"), as well as ended the voluntary fifteen percent (15%) water conservation target.
At its meeting on January 17, 2023, the Council considered an emergency request from the County of Tulare for assistance to Self-Help Enterprises, Inc. (SHE) in the provision of source water for the Emergency Tank Program that serves 389 residences across Tulare County where domestic wells have run dry due to continued drought. The County had been providing source water from its well at the Bob Wiley Detention Facility, north of Visalia, but the recent Item No. 12.
rainfall had caused damage and the temporary closure of the access road to the well. The Council acted to grant the County's request for emergency assistance and provide source water to SHE to continue the Emergency Tank Program, to be reviewed at its next regular meeting on February 7, 2023. On January 20, 2023, SHE began taking City water for delivery. The County later reported that the access road had been repaired and that the County source well was accessible again to SHE beginning on February 1, 2023. According to the City water meter report, approximately 111,500 gallons of water was accessed by SHE, with a corresponding cost of $350. At Council's direction, City staff has also been in contact and coordinating with the Eastern Tule Groundwater Sustainability Agency (ETGSA) in regard to source water from the ETGSA crossing over into other GSA territories and other Sub-basins (e.g. Kaweah) and addressing any potential impacts, although it is important to note that the same has been happening from the County well that is located in the Kaweah Subbasin.
Initially within the city of Porterville, twenty-six (26) residences within the city were determined to have dry wells, for which City staff submitted a Mutual Aid Request to Tulare County OES to initiate the household tank program for identified properties within the city where wells are dry and challenged for permanent connection. The State has committed funding for non-profit agencies to continue drought-related activities, which Self-Help Enterprises has continued the household tank program locally, through State Cleanup and Abatement Account (CAA) emergency funds.
Representatives for the City, County, State (CalOES, DDW, DWR, and SWB) and non-profit partners continued to meet in support of the long-term permanent water connection project for the entire East Porterville area and the estimated 1,800 expected future connections. DWR identified 423 residential units in the East Porterville area (381 of which are in the City's Urban Development Boundary), that were served by the County's Household Tank Program and desired by the State to be connected to the City's water distribution system as soon as possible. DWR has completed a significant City waterline extension project to permanently connect those 423 residential units to the City's water system (considered Phase I of the project). To provide initial source water for the DWR extension project, CalOES desired to expeditiously connect the new well on Olive Avenue to the City's water system instead of being first equipped as a filling station. Given the new well has an estimated water production value of 800 gallons per minute, as well as a SWB assumed 1.5 gallons per minute per residence, the new well could effectively serve up to five hundred (500) single-family residential units. The City indicated its significant interest that the E. Vandalia Avenue area and its eighty (80) residential units be included in the water connection project, to which the State was agreeable.
Given CalOES has paid for the development of the new well, and its connection to the City's water system, the City will be required under "Drought Redundancy and Resiliency Provisions" to make available to the State up to three million gallons of water per month without charge for emergency Item No. 12.
purposes. On May 7, 2022, Tulare County OES notified the City that due to deteriorating conditions across the county involving small water systems dependent upon the Friant-Kern Canal that may result in the complete lack of water or "Do Not Drink" orders, the State and County may have to invoke the provision of water from the well.
To proceed with the connection of the new well to the City's water system and the 500 East Porterville and E. Vandalia Avenue residential units, the City Council approved modifications to the Draft Agreement between the City and County at its meeting on April 5, 2016, which the County Board of Supervisors subsequently approved at their meeting on May 10, 2016.
A Memorandum of Understanding between the State, County, and City on the East Porterville permanent water connection project was approved by the Council during a Special Meeting on Tuesday, June 21, 2016, and approved by the Board of Supervisors on Tuesday, June 28, 2016. With the approval of the MOU, the State began the permanent connection of approximately forty (40) homes that are located along existing City water mains. Subsequently, the State officially requested that the City approve the connection of an additional thirty (30) residences as part of the first immediate connections, for up to a total of seventy (70), which the Council approved at its meeting on August 2, 2016.
In regards to the new well's development and connection to the City's water distribution system, the Board of Supervisors awarded the contract for equipping and connecting the new well at its meeting on Tuesday, August 16, 2016, and construction activities commenced the week of October 10, 2016.
County staff had previously indicated that the well would be in service and connected to the City's system no later than December 2016, however, the well was operational and connected to the City's water distribution as of Friday, February 17, 2017. Given the delay in the well's completion and connection, DWR requested that the Council consider allowing the connection of residences as they become prepared for connection, to which the Council was receptive, and a Draft MOU Amendment was approved by the Council at its meeting on December 6, 2016, and subsequently approved by the Board of Supervisors at is meeting on December 20, 2016. City staff continued to work with County staff toward the transfer of the well's ownership from the County to the City, which at its meeting on April 20, 2021, the Council approved the draft Transfer Agreement subject to the City Attorney's final form.
As of Friday, March 31, 2017, the date the State established as the final day for property owners to complete the registration process to participate in the Statefunded connection program opportunity, of the 1,017 eligible developed residential properties identified by the State for connection, 722 completed the required Extra-Territorial Services Agreement, leaving 295 developed residential properties non-responsive to this unique connection program, twenty-three (23) of which were reported as having either dry or diminishing capacity wells. On February 6, 2018, the final residential connection was made of the approximate eligible eight hundred (800) residences in East Porterville to the City's water system.
Item No. 12.
City staff continues to coordinate with Self-Help Enterprises and State representatives toward the extension of water mains to serve all residential properties within City limits and the city's periphery that are currently participating in the County's Household Tank Program. The two main areas of focus are N. Cobb Street (northwest of State Route 65 and Pioneer Avenue), and S. Cloverleaf Street (southeast of State Route 65 and Olive Avenue). The State has maintained its commitment to grant-fund the necessary infrastructure and connection fees, providing an official funding letter to the City on January 18, 2018, which commits up to $2.81 million in funding until December 31, 2019. The authorization to advertise for bids for the water connection project was approved by the Council at its July 17th meeting, after which DWR reviewed the bid package for compliance and approved in December the package for advertisement. Council authorized award of the construction contract for approximately $1.82 million at its meeting on January 15, 2019.
City staff conducted a pre-construction public outreach meeting with the affected residents on the status of the project on Thursday, April 4, 2019.
Council authorized the agreement with Self-Help Enterprises Inc. to provide the private residential connections at its meeting on July 2, 2019, and construction work began on the project. At its meeting on October 1, 2019, the Council accepted the public works segment of the project in the installation of water mains as complete, with Self-Help and CSET continuing to collaborate on the completion of the individual private connections and abandonment of private wells. City staff has recently been made aware that there may be a couple of additional residences whose wells are dry that are located along existing City water mains or may require further extension of water mains.
Staff is coordinating with State staff on addressing these new isolated needs.
County OES and the State Division of Drinking Water (DDW) have reported to the City that the Central Mutual Water Company, located south of the city and south of Gibbons Avenue, has had its well run dry and desires an immediate emergency connection to the City's water system to serve the forty-one (41) connections currently without water. DDW is wishing to support a financial application to upgrade the small water system to City standards (new water lines, meters ,etc.), and to sponsor an Urban Development Boundary (UDB) Amendment application to Tulare County Local Agency Formation Commission (LAFCO), given this area is currently outside the City's UDB but within the City's Urban Area Boundary (UAB). Given several private wells have run dry in this area, DDW is also attempting to sponsor their connection to the City's water system. For source water capacity for the connections, DWR will include these new connections within the East Porterville water connection capacity development projects. At its Special meeting on August 30, 2019, the City Council directed staff to proceed with the immediate emergency connection of the Central water system, with the permanent connection of the system contingent upon an Agreement with DDW to the sponsorship conditions they have offered. At its meeting on October 1, 2019, the Council directed staff to proceed with the amendment of the UDB to facilitate annexation, which a public meeting with the affected residents was conducted on Wednesday, October 9, 2019. At its meeting on April 21, 2020, the Council conducted a Item No. 12.
Public Hearing and approved Resolutions of approval of the environmental determination and amendment to the UDB to facilitate annexation. At its meeting on June 1, 2021, the Council approved the State Water Board funding agreement for the development of a City-owned production well, distribution mains and water meters to serve each customer, as well as fire hydrants. On July 20, 2021, the City received notification from the State Water Board that the Akin/Central Water Consolidation Project funding agreement had been formally approved and executed.
DDW has also reported to the City that the Del Oro East Plano water system, located on Paul Street (southeast of the intersection of Plano Street and Worth Avenue), is experiencing problems with its existing well and have implemented severe water restrictions. The East Plano water system serves fourteen (14) residences and approximately forty-five (45) people. DDW is wishing to provide financial support to upgrade the small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW would need to either pay appropriate fees and/or develop a capacity development project. The Council is aware that the Del Oro Grandview Gardens water system (north of W. North Grand Avenue) is also experiencing significant issues, and DDW may seek their future consolidation with the City's water system as well.
DDW has further reported to the City that the Beverly Grand Mutual Water Company water system, located north of West North Grand Avenue, is experiencing problems with its existing well and water quality issues, and desires its connection to the City's system to serve the thirty-one (31) residences the system serves. DDW is wishing to provide financial support to upgrade the small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW has agreed to pay appropriate fees toward developing a capacity development project, which at its meeting of October 3, 2017, the Council approved a purchase agreement with Smee Homes, Inc. for the acquisition of property along the Tule River for the development of a new municipal well. At its meeting of October 1, 2019, the Council approved proceeding with the consolidation of the Beverly Grand water system.
RECOMMENDATION: That the City Council receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration.
ATTACHMENTS: 1. City of Porterville Resolution Declaring Local Drought Emergency: May 5, 2015
2. United States Department of Agriculture Drought Natural Disaster Area Designation: March 5, 2021
3. State of California State of Emergency Proclamation: April 21, 2021
4. County of Tulare Drought Local Emergency Resolution:
Item No. 12.
April 27, 2021
5. State Water Resources Control Board: Emergency
Regulation - Water Conservation; January 4, 2022
6. Governor Newsom Executive Order N-7-22: March 28,
2022
7. State Water Resources Control Board: Emergency
Regulation - Water Conservation; June 10, 2022
8. Governor Newsom Executive Order N-5-23: March 24,
2023
9. State Water Resources Control Board Funding Agreement:
Akin/Central Water Consolidation Project
Appropriated/Funded:
Review By:
Department Director:
John Lollis, City Manager
Final Approver: John Lollis, City Manager
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
State of Emergency Proclamation
WHEREAS climate change is intensifying the impacts of droughts on our communities, environment and economy, and California must therefore improve drought resiliency and prepare to respond to more frequent, prolonged, and intense dry periods; and
WHEREAS much of the West is experiencing severe to exceptional drought and California is in a second consecutive year of dry conditions, resulting in drought or near-drought throughout many portions of the State; and WHEREAS these drought conditions can result in degraded water quality, fallowing of productive farmland, setbacks to vulnerable and rural communities through job losses and longer-lasting recoveries, significant impacts to tribal, commercial, and recreational salmon fisheries, constraints on access to traditional lifeways, loss of aquatic and terrestrial biodiversity, and ecosystem impacts; and
WHEREAS drought conditions vary across the State and some watersheds, including the Russian River and Klamath Basin, are extremely dry and are facing substantial water supply and ecosystem challenges; and
WHEREAS it is necessary to expeditiously mitigate the effects of the drought conditions within the Russian River Watershed, located within Mendocino and Sonoma counties, to ensure the protection of health, safety, and the environment; and
WHEREAS experience in the last drought has demonstrated the value of preparing earlier for potential sustained dry conditions, the need to improve our monitoring and forecasting capabilities, and many other lessons that are captured in the Administration1s Report to the Legislature on the 2012-2016 Drought; and
WHEREAS the State and its many partners have strengthened drought resilience since the last drought including state investments in water management systems, implementation of the Sustainable Groundwater Management Act, establishment of the Safe and Affordable Fund for Equity and Resilience Program, development of the Administration's Water Resilience Portfolio, and continued water conservation by Californians whose current statewide urban water use is 16% lower than at the beginning of the last drought; and
WHEREAS state agencies have been actively responding to current drought conditions and preparing for the possibility of a third dry year including through convenings of the interagency drought team, which was established at my direction, to organize, focus, and track changing conditions, coordinate state agency responses, and work closely with partners across the State; and WHEREAS under the provisions of Government Code section 8558(b), I find that the conditions caused by the drought conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to appropriately respond; and
WHEREAS under the provisions of Government Code section 8625(c), I find that local authority is inadequate to cope with the drought conditions; and WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of, the drought conditions within the Russian River Watershed, and under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions of the Russian River Watershed, located within Mendocino and Sonoma counties.
NOW THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, section 8625, HEREBY PROCLAIM A STATE OF EMERGENCY to exist in Mendocino and Sonoma counties due to drought conditions in the Russian River Watershed.
IT IS HEREBY ORDERED THAT:
1. To further the success of California's water conservation efforts and increase our drought preparedness, state agencies shall partner with local water districts and utilities to make all Californians aware of drought, and encourage actions to reduce water usage by promoting the Department of Water Resources' Save Our Water campaign
(https://saveourwater.com) and other water conservation programs.
2. To continue coordination with partners across the State for the potential of prolonged drought impacts, the Department of Water Resources, the State Water Resources Control Board (Water Board), the Department of Fish and Wildlife, and the Department of Food and Agriculture shall work with regional and local governments, including groundwater sustainability agencies, to identify watersheds, communities, public water systems, and ecosystems that may require coordinated state and local actions to address issues stemming from continued dry conditions, to ensure that we can respond to water shortages and protect people, natural resources and economic activity.
3. To continue partnership and coordination with Californian Native American tribes, state agencies shall engage in consultation, collaboration, and communication with California Native American tribes to assist them in necessary preparation and response to drought conditions on tribal lands and potential impacts to cultural and traditional resources within ancestral lands.
4. To prioritize drought response and preparedness resources, the Department of Water Resources, the Water Board, the Department of Fish and Wildlife and the Department of Food and Agriculture, in consultation with the Department of Finance, shall:
a. Accelerate funding for water supply enhancement, water conservation, or species conservation projects.
b. Identify unspent funds that can be repurposed to enable projects to address drought impacts to people, ecosystems, and economic activities.
c. Recommend additional financial support for water resilience infrastructure projects and actions for potential inclusion in the upcoming May Revision.
5. To increase resilience of our water supplies during drought conditions, the Department of Water Resources shall:
a. Work with counties to encourage reporting of household water shortages, such as dry residential wells, on the website the Department maintains for that purpose, to enable tracking of drought impacts.
b. Work with counties, and groundwater sustainability agencies as appropriate, to help ensure that well drillers submit required groundwater well logs for newly constructed and deepened wells in a timely manner.
c. Work with agricultural water suppliers and agricultural water users to provide technical assistance, including implementation of efficient water management practices and use of technology such as the California Irrigation Management Information System.
d. Work with urban and agricultural water suppliers to encourage timely submittal by water districts and public posting of urban water management and water shortage contingency plans and
agricultural water management and drought plans.
e. Accelerate updating the land subsidence data it is providing to support implementation of the Sustainable Groundwater
Management Act.
6. To increase resilience of our water systems during drought conditions, the Water Board shall:
a. Use its authority, provide technical assistance, and where feasible provide financial assistance, to support regular reporting of drinking water supply well levels and reservoir water levels where the Water Board determines that there is risk of supply failure because of lowering groundwater levels or reservoir levels that may fall below public water system intakes.
b. Prioritize the permitting of public water systems that anticipate the need to activate additional supply wells where water quality is a concern and treatment installation needs to proceed to relieve a system's potential supply concerns.
c. Provide annual water demand data, information on water right priority, and other communications on water availability on its website.
d. Identify watersheds where current diversion data is insufficient to evaluate supply impacts caused by dry conditions, and take actions to ensure prompt submittal of missing data in those watersheds.
7. To address the acutely dry conditions in the Russian River Watershed, the Water Board shall consider:
a. Modifying requirements for reservoir releases or diversion limitations in that watershed to ensure adequate, minimal water supplies for critical purposes.
b. Adopting emergency regulations to curtail water diversions when water is not available at water rights holders' priority of right or to protect releases of stored water.
For purposes of carrying out this directive, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are suspended in the counties of Mendocino and Sonoma to the extent necessary to address the impacts of the drought in the Russian River Watershed. The Water Board shall identify the projects eligible for the suspensions pursuant to this paragraph and maintain on its websites a list of the activities or approvals for which these provisions are suspended.
8. To ensure that equipment and services necessary for drought response in the Russian River Watershed can be procured quickly, the provisions of the Government Code and the Public Contract Code applicable to procurement, state contracts, and fleet assets, including, but not limited to, advertising and competitive bidding requirements, are hereby suspended to the extent necessary to address the effects of the drought in the Russian River Watershed, located within Mendocino and Sonoma counties. Approval of the Department of Finance is required prior to the execution of any contract entered into pursuant to this provision.
9. To increase the resilience of our natural habitats to protect vulnerable species during drought conditions, the Department of Fish and Wildlife shall:
a. Evaluate and take actions to protect terrestrial and aquatic species and, wherever possible, work with water users and other parties on voluntary measures to protect species.
b. Work to improve State hatcheries and increase water use efficiency on State wildlife areas and ecological reserves to maintain habitat for vulnerable species.
c. Respond to human-wildlife interactions related to ongoing dry conditions and increase public messaging and awareness. d. Work with commercial and recreational salmon fishing and tribal representatives to anticipate and develop strategies to mitigate and respond to salmon fishery impacts, with particular emphasis on addressing impacts to salmon fisheries in the Klamath Basin.
10.To support our agricultural economy and food security during drought conditions, the Department of Food and Agriculture shall:
a. Provide technical assistance to support conservation planning, onfarm water and energy conservation practices and technologies, including augmenting the State Water Efficiency and Enhancement Program.
b. Conduct an economic analysis of drought impacts to agriculture, including land use, jobs, and rural food economies, expanding on existing research done in the last drought to include thorough regional analysis especially in the Central Valley, and in the implementation of the Sustainable Groundwater Management Act and alternative land uses for fallowed land.
c. Maintain a web page with drought resources for farmers and ranchers, including the United States Department of Agriculture and other federal and state resources.
d. Work with federal agencies to assist Klamath Basin farmers and ranchers contending with reduced water supplies.
11.To ensure the potential impacts of drought on communities are anticipated and proactively addressed, the Department of Water Resources, in coordination with the Water Board, shall develop groundwater management principles and strategies to monitor, analyze, and minimize impacts to drinking water wells.
12.To provide critical information on the different drought conditions across the State, the Department of Water Resources, in consultation with the Department of Fish and Wildlife, the Department of Food and Agriculture, and the Water Board, shall develop a California Drought Monitor by December 31, 2021, as recommended in the Administration's Report to the Legislature on the 2012-2016 Drought.
13.To prepare for potential salinity issues in the Delta, the Department of Water Resources, in consultation with the Water Board, the Department of Fish and Wildlife, the Delta Stewardship Council, and the Central Valley Flood Protection Board, shall initiate actions necessary to prepare for and address potential Delta salinity issues during prolonged drought conditions.
14.To prepare for potential impacts of drought conditions on species, the Water Board and the Department of Fish and Wildlife shall work with federal agency partners to manage temperature conditions for the preservation of fish in the Sacramento River downstream of Shasta Dam while balancing water supply needs.
This Proclamation is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
I FURTHER DIRECT that as soon as hereafter possible, this Proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Proclamation.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of alifornia t be affixed this 21st
day of ril 2021
ATTEST:
RESOLUTION PROCLAIMING A LOCAL EMERGENCY
BY THE BOARD OF SUPERVISORS
COUNTY OF TULARE, STATE OF CALIFORNIA
IN THE MATTER OF A
LOCAL EMERGENCY DUE TO )
SEVERE DROUGHT CONDITIONS)
RESOLUTION NO. 2021-0290
WHEREAS, California's most recent drought spanning from approximately 2012 to 2018 required the proclamation of a Local Emergency by the County of Tulare from February 2014 to November 2019, as well as a Governor's State of Emergency and the combined resources of multiple local, state, and federal agencies, commercial entities, and non-profit organizations to mitigate; and
WHEREAS, over 3,000 failed or dry wells - including private domestic, community, and agricultural wells - were reported to Tulare County from 2014 to 2017 as a result of the prior drought, causing significant health, safety, and economic issues for Tulare County residents and businesses; and
WHEREAS, well over $100 million in emergency relief and permanent infrastructure projects were expended to mitigate the effects of the prior drought; and WHEREAS, a hydrological year ("water year") runs from October 1 to September 30 of the following year; and
WHEREAS, the current water year beginning October 1, 2020 is, to date, the third-driest on record, with potential to become the driest on record without significant additional precipitation which is unlikely to occur during the traditionally dry months; and WHEREAS, the United States Drought Monitor shows that 94.51 % of Tulare County is currently experiencing "Extreme Drought" (D3) conditions and the remaining 5.49% is in "Severe Drought" (D2) conditions, and the County of Tulare anticipates that these conditions will progress to "Exceptional Drought" (D4) conditions as occurred in the prior drought based on the current Southern Sierra snowpack measured at only 15% of historical average for April 1st, drastically reduced surface water allocations on the State Water Project and Central Valley Project, and correspondingly low water levels in local reservoirs ; and WHEREAS, surface water supply constraints create a demonstrable and unsustainable increase in demand for groundwater which is likely to cause additional dry wells for community water systems, private domestic wells, and agricultural wells, creating economic hardships and conditions of extreme peril to the health and safety of individuals within Tulare County requiring the combined forces of all levels of government to mitigate; and WHEREAS, California Government Code section 8630 empowers the Board of Supervisors to proclaim the existence or threatened existence of a local emergency; and WHEREAS, Section 1-15-1005 of the Tulare County Ordinance Code defines "emergency" to include "the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within [Tulare] County caused by such conditions as air pollution, fire, flood , storm , epidemic, riot, earthquake, or other conditions, ... which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of [Tulare] County, requiring the combined forces of other political subdivisions to combat"; and
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout said Tulare County due to drought which has created conditions of disaster and extreme peril to the safety of persons and property within the County, and that such conditions are or are likely to be beyond the control of the services, personnel , equipment, and/or facilities of this County, thus requiring the combined forces of other political subdivisions to combat; and IT IS FURTHER PROCLAIMED that this local emergency is proclaimed pursuant to the California Emergency Services Act, California Government Code §8550 et seq.; and IT IS REQUESTED that the Governor of the State of California find and proclaim Tulare County to be in a State of Emergency, and make available any and all material and financial support and resources necessary to combat the conditions of disaster, including but not limited to California Disaster Assistance Act funding for emergency protective measures and increased funding to relevant programs of the State Water Resources Control Board and Department of Water Resources ; and
IT IS FURTHER REQUESTED that the Governor waive and all regulations and statutes that may hinder response to this emergency; and
IT IS PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of Tulare County shall be those prescribed by State law, by ordinances and resolutions of Tulare County, and by the Tulare County Operational Area Emergency Operations Plan, as approved by the Board of Supervisors.
UPON MOTION OF SUPERVISOR MICARI, SECONDED BY SUPERVISOR
TOWNSEND, THE FOLLOWING WAS ADOPTED BY THE BOARD OF
SUPERVISORS, AT AN OFFICIAL MEETING HELD APRIL 27, 2021 , BY THE FOLLOWING VOTE:
AYES: SUPERVISORS MICARI , VANDERPOEL, SHUKLIAN, VALERO AND
TOWNSEND
NOES: NONE
ABSTAIN : NONE
ABSENT: NONE
~~~smia~rp__e:w. "fl
ATTEST:
BY:
JASON T. BRITT
COUNTY ADMINISTRATIVE OFFICER/
CLERK, BOARD OF SUPERVISORS
STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0002
TO ADOPT AN EMERGENCY REGULATION
TO SUPPLEMENT VOLUNTARY WATER CONSERVATION
WHEREAS:
1. On April 21, May 10, and July 8, 2021, Governor Newsom issued proclamations that a state of emergency exists in a total of 50 counties due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment.
2. On October 19, 2021, Governor Newsom signed a proclamation extending the drought emergency statewide and further urging Californians to reduce their water use.
3. There is no guarantee that winter precipitation will alleviate the current drought conditions.
4. Many Californians have taken bold steps over the years to reduce water use; nevertheless, the severity of the current drought and uncertainty about Water Year 2022 require additional conservation actions from residents and businesses.
5. Water conservation is the easiest, most efficient, and most cost-effective way to quickly reduce water demand and extend supplies into the next year, providing flexibility for all California communities. Water saved is water available next year, giving water suppliers the flexibility to manage their systems efficiently. The more water that is conserved now, the less likely it is that a community will experience such dire circumstances or that water rationing will be required.
6. Most Californians use more water outdoors than indoors. In many areas, 50 percent or more of daily water use is for lawns and outdoor landscaping. Outdoor water use is generally discretionary, and many irrigated landscapes would not suffer greatly from receiving a decreased amount of water.
2 7. Public information and awareness are critical to achieving conservation goals, and the Save Our Water campaign (SaveOurWater.com), run jointly by the Department of Water Resources (DWR) and the Association of California Water Agencies, is an excellent resource for conservation information and messaging that is integral to effective drought response.
8. SaveWater.CA.Gov is an online tool designed to help save water in communities. This website lets anyone easily report water waste from their phone, tablet, or computer by simply selecting the type of water waste they see, typing in the address where the waste is occurring, and clicking send.
These reports are filed directly with the State Water Resources Control Board (State Water Board or Board) and relevant local water supplier.
9. Enforcement against water waste is a key tool in conservation programs.
When conservation becomes a social norm in a community, the need for enforcement is reduced or eliminated.
10. On October 19, 2021, the Governor suspended the environmental review required by the California Environmental Quality Act to allow State Water Board-adopted drought conservation emergency regulations and other actions to take place quickly to respond to emergency conditions.
11. Water Code section 1058.5 grants the State Water Board the authority to adopt emergency regulations in certain drought years in order to: “prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter’s priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.”
12. On November 30, 2021, the State Water Board issued public notice that the State Water Board would consider the adoption of the regulation at the Board’s regularly scheduled January 4, 2022 public meeting, in accordance with applicable State laws and regulations. The State Water Board also distributed for public review and comment a Finding of Emergency that complies with State laws and regulations.
13. The emergency regulation sets a minimum standard that many communities are already doing more but not everyone is taking these lowcost, easy to implement actions that can save significant amounts of water during a drought emergency.
3 14. Disadvantaged communities may require assistance in increasing water conservation, and state and local agencies should look for opportunities to provide assistance in promoting water conservation, including but not limited to translation of regulation text and dissemination of water conservation announcements into languages spoken by at least 10 percent of the people who reside in a water supplier’s service area, such as in newspaper advertisements, bill inserts, website homepage, social media, and notices in public libraries.
15. The Board directs staff to consider the following in pursuing any enforcement of section 995, subdivision (b)(1)(A)-(F): before imposing monetary penalties, staff shall provide one or more warnings; monetary penalties must be based on an ability to pay determination, consider allowing a payment plan of at least 12 months, and shall not result in a tax lien; and Board enforcement shall not result in shutoff.
16. The Board encourages entities other than Board staff that consider any enforcement of this regulation to apply these same factors identified in resolved paragraph 15. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Moreover, the Water Code does not impose a mandatory penalty for violations of the regulation adopted by this resolution, and local agencies retain their enforcement discretion in enforcing the regulation, to the extent authorized, and may develop their own progressive enforcement practices to encourage conservation.
THEREFORE BE IT RESOLVED THAT:
1. The State Water Board adopts California Code of Regulations, title 23, section 995, as appended to this resolution as an emergency regulation.
2. State Water Board staff will submit the regulation to the Office of Administrative Law (OAL) for final approval.
3. If, during the approval process, State Water Board staff, the State Water Board, or OAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or designee may make such changes.
4 4. This regulation shall remain in effect for one year after filing with the Secretary of State unless the State Water Board determines that it is no longer necessary due to changed conditions or unless the State Water Board renews the regulation due to continued drought conditions, as described in Water Code section 1058.5.
5. The State Water Board directs State Water Board staff to work with the Department of Water Resources and the Save Our Water campaign to disseminate information regarding the emergency regulations.
6. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Local agencies are encouraged to develop their own progressive enforcement practices to promote conservation.
CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on January 4, 2022.
AYE: Vice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
Board Member Nichole Morgan
NAY: None
ABSENT: Chair E. Joaquin Esquivel
ABSTAIN: None
Jeanine Townsend
Clerk to the Board
5 ADOPTED TEXT OF EMERGENCY REGULATION
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article 2. Prevention of Drought Wasteful Water Uses
§ 995. Wasteful and Unreasonable Water Uses.
(a) As used in this section:
(1) “Turf” has the same meaning as in section 491.
(2) “Incidental runoff” means unintended amounts (volume) of runoff, such as unintended, minimal overspray from sprinklers that escapes the area of intended use.
Water leaving an intended use area is not considered incidental if it is part of the facility or system design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.
(b)(1) To prevent the unreasonable use of water and to promote water conservation, the use of water is prohibited as identified in this subdivision for the following actions:
(A) The application of potable water to outdoor landscapes in a manner that causes more than incidental runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures;
(B) The use of a hose that dispenses water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; (C) The use of potable water for washing sidewalks, driveways, buildings, structures, patios, parking lots, or other hard surfaced areas, except in cases where health and safety are at risk;
(D) The use of potable water for street cleaning or construction site preparation purposes, unless no other method can be used or as needed to protect the health and safety of the public;
(E) The use of potable water for decorative fountains or the filling or topping-off of decorative lakes or ponds, with exceptions for those decorative fountains, lakes, or ponds that use pumps to recirculate water and only require refilling to replace evaporative losses;
(F) The application of water to irrigate turf and ornamental landscapes during and within 48 hours after measurable rainfall of at least one fourth of one inch of rain.
In determining whether measurable rainfall of at least fourth of one inch of rain occurred in a given area, enforcement may be based on records of the National Weather Service, the closest CIMIS station to the parcel, or any other reliable source of rainfall data available to the entity undertaking enforcement of this subdivision; and
(G) The use of potable water for irrigation of ornamental turf on public street medians.
6 (2) Notwithstanding subdivision (b)(1), the use of water is not prohibited by this section to the extent necessary to address an immediate health and safety need. This may include, but is not limited to, the use of potable water in a fountain or water feature when required to be potable because human contact is expected to occur. (c)(1) To prevent the unreasonable use of water and to promote water conservation, any homeowners’ association or community service organization or similar entity is prohibited from:
(A) Taking or threatening to take any action to enforce any provision of the governing documents or architectural or landscaping guidelines or policies of a common interest development where that provision is void or unenforceable under section 4735, subdivisions (a) and (b) of the Civil Code; (B) Imposing or threatening to impose a fine, assessment, or other monetary penalty against any owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during a declared drought emergency, as described in section 4735, subdivision (c) of the Civil Code; or (C) Requiring an owner of a separate interest upon which water-efficient landscaping measures have been installed in response to a declared drought emergency, as described in section 4735, subdivisions (c) and (d) of the Civil Code, to reverse or remove the water-efficient landscaping measures upon the conclusion of the state of emergency.
(2) As used in this subdivision:
(A) “Architectural or landscaping guidelines or policies” includes any formal or informal rules other than the governing documents of a common interest development.
(B) “Homeowners’ association” means an “association” as defined in section 4080 of the Civil Code.
(C) “Common interest development” has the same meaning as in section 4100 of the Civil Code.
(D) “Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
(E) “Governing documents” has the same meaning as in section 4150 of the Civil Code.
(F) “Separate interest” has the same meaning as in section 4185 of the Civil Code.
(3) If a disciplinary proceeding or other proceeding to enforce a rule in violation of subdivision (c)(1) is initiated, each day the proceeding remains pending shall constitute a separate violation of this regulation.
(d) To prevent the unreasonable use of water and to promote water conservation, any city, county, or city and county is prohibited from imposing a fine under any local maintenance ordinance or other relevant ordinance as prohibited by section 8627.7 of the Government Code.
7 (e) The taking of any action prohibited in subdivision (b), (c) or (d) is an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal.
(f) A decision or order issued under this section by the Board or an officer or employee of the Board is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.
Authority: Section 1058.5, Water Code.
References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110, 4150, 4185, and 4735, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275, 350, 491, and 1122, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463; Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976.
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-22
WHEREAS on April 12, 202 l, May l 0, 2021, July 8, 202 l, and October 19, 2021, I proclaimed states of emergency that continue today and exist across all the counties of California, due to extreme and expanding drought conditions; and
WHEREAS climate change continues to intensify the impacts of droughts on our communities, environment, and economy, and California is in a third consecutive year of dry conditions, resulting in continuing drought in all parts of the State; and
WHEREAS the 21st century to date has been characterized by record warmth and predominantly dry conditions, and the 2021 meteorological summer in California and the rest of the western United States was the hottest on record; and
WHEREAS since my October 19, 2021 Proclamation, early rains in October and December 2021 gave way to the driest January and February in recorded history for the watersheds that provide much of California's water supply; and WHEREAS the ongoing drought will have significant, immediate impacts on communities with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the two largest reservoirs of the Central Valley Project, which supplies water to farms and communities in the Central Valley and the Santa Clara Valley and provides critical cold-water habitat for salmon and other anadromous fish, have water storage levels that are approximately l .1 million acre-feet below last year's low levels on this date; and WHEREAS the record-breaking dry period in January and February and the absence of significant rains in March have required the Department of Water Resources to reduce anticipated deliveries from the State Water Project to 5 percent of requested supplies; and
WHEREAS delivery of water by bottle or truck is necessary to protect human safety and public health in those places where water supplies are disrupted; and
WHEREAS groundwater use accounts for 41 percent of the State's total water supply on an average annual basis but as much as 58 percent in a critically dry year, and approximately 85 percent of public water systems rely on groundwater as their primary supply; and
WHEREAS coordination between local entities that approve permits for new groundwater wells and local groundwater sustainability agencies is important to achieving sustainable levels of groundwater in critically overdrafted basins; and
WHEREAS the duration of the drought, especially following a multiyear drought that abated only five years ago, underscores the need for California to redouble near-, medium-, and long-term efforts to adapt its water management and delivery systems to a changing climate, shifting precipitation patterns, and water scarcity; and
WHEREAS the most consequential, immediate action Californians can take to extend available supplies is to voluntarily reduce their water use by 15 percent from their 2020 levels by implementing the commonsense measures identified in operative paragraph 1 of Executive Order N-10-21 (July 8, 2021 ); and
WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
1. The orders and provisions contained in my April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021 Proclamations remain in fu ll force and effect, except as modified by those Proclamations and herein.
State agencies shall continue to implement all directions from those Proclamations and accelerate implementation where feasible.
2. To help the State achieve its conservation goals and ensure sufficient water for essential indoor and outdoor use, I call on all Californians to strive to limit summertime water use and to use water more efficiently indoors and out. The statewide Save Our Water conservation campaign at SaveOurWater.com provides simple ways for Californians to reduce water use in their everyday lives. Furthermore, I encourage Californians to understand and track the amount of water they use and measure their progress toward their conservation goals.
3. By May 25, .2022, the State Water Resources Control Board (Water Board) shall consider adopting emergency regulations that include all of the following:
a. A requirement that each urban water supplier, as defined in section 10617 of the Water Code, shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code;
b. A requirement that each urban water supplier that has submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2), by a date to be set by the Water Board; and
c. A requirement that each urban water supplier that has not submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum,
shortage response actions established by the Water Board, which shall take into consideration model actions that the Department of Water Resources shall develop for urban water supplier water shortage contingency planning for Level 2, by a date to be set by the Water Board.
To further conserve water and improve drought resiliency if the drought lasts beyond this year, I encourage urban water suppliers to conserve more than required by the emergency regulations described in this paragraph and to voluntarily activate more stringent local requirements based on a shortage level of up to thirty percent (Level 3).
4. To promote water conservation, the Department of Water Resources shall consult with leaders in the commercial, industrial, and institutional sectors to develop strategies for improving water conservation, including direct technical assistance, financial assistance, and other approaches. By May 25, 2022, the Water Board shall consider adopting emergency regulations defining "non-functional turf" (that is, a definition of turf that is ornamental and not otherwise used for human recreation purposes such as school fields, sports fields, and parks) and banning irrigation of non-functional turf in the commercial, industrial, and institutional sectors except as it may be required to ensure the health of trees and other perennial non-turf plantings.
5. In order to maximize the efficient use of water and to preserve water supplies critical to human health and safety and the environment, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended, with respect to the directives in paragraphs 3 and 4 of this Order and any other projects and activities for the purpose of water conservation to the extent necessary to address the impacts of the drought, and any permits necessary to carry out such projects or activities. Entities that desire to conduct activities under this suspension, other than the directives in paragraphs 3 and 4 of this Order, shall first request that the Secretary of the Natural Resources Agency make a determination that the proposed activities are eligible to be conducted under this suspension. The Secretary shall use sound discretion in applying this Executive Order to ensure that the suspension serves the purpose of accelerating conservation projects that are necessary to address impacts of the drought, while at the same time protecting public health and the environment. The entities implementing these directives or conducting activities under this suspension shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.
6. To support voluntary approaches to improve fish habitat that would require change petitions under Water Code section 1707 and either Water Code sections 1425 through 1432 or Water Code sections 1725 through 1732, and where the primary purpose is to improve conditions for fish, the Water Board shall expeditiously consider petitions that add a fish and wildlife beneficial use or point of diversion and place of storage to improve conditions for anadromous fish. California Code of Regulations, title 23, section 1064, subdivisions ( a) ( 1) (A) (i)-(ii) are suspended with respect to any petition that is subject to this paragraph.
7. To facilitate the hauling of water for domestic use by local communities and domestic water users threatened with the loss of water supply or degraded water quality resulting from drought, any ordinance, regulation, prohibition, policy, or requirement of any kind adopted by a public agency that prohibits the hauling of water out of the water's basin of origin or a public agency's jurisdiction is hereby suspended. The suspension authorized pursuant to this paragraph shall be limited to the hauling of water by truck or bottle to be used for human consumption, cooking, or sanitation in communities or residences threatened with the loss of affordable safe drinking water.
Nothing in this paragraph limits any public health or safety requirement to ensure the safety of hauled water.
8. The Water Board shall expand inspections to determine whether illegal diversions or wasteful or unreasonable use of water are occurring and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. When access is not granted by a property owner, the Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of conducting an inspection pursuant to this directive.
9. To protect health, safety, and the environment during this drought emergency, a county, city, or other public agency shall not:
a. Approve a permit for a new groundwater well or for alteration of an existing well in a basin subject to the Sustainable
Groundwater Management Act and classified as medium- or high-priority without first obtaining written verification from a Groundwater Sustainability Agency managing the basin or area of the basin where the well is proposed to be located that groundwater extraction by the proposed well would not be inconsistent with any sustainable groundwater management program established in any applicable Groundwater
Sustainability Plan adopted by that Groundwater Sustainability Agency and would not decrease the likelihood of achieving a sustainability goal for the basin covered by such a plan; or b. Issue a permit for a new groundwater well or for alteration of an existing well without first determining that extraction of groundwater from the proposed well is (1) not likely to interfere with the production and functioning of existing nearby wells, and (2) not likely to cause subsidence that would adversely impact or damage nearby infrastructure.
This paragraph shall not apply to permits for wells that will provide less than two acre-feet per year of groundwater for individual domestic users, or that will exclusively provide groundwater to public water supply systems as defined in section 116275 of the Health and Safety Code.
10. To address household or small community drinking water shortages dependent upon groundwater wells that have failed due to drought conditions, the Department of Water Resources shall work with other state agencies to investigate expedited regulatory pathways to modify, repair, or reconstruct failed household or small community or public supply wells, while recognizing the need to ensure the sustainability of such wells as provided for in paragraph 9.
11. State agencies shall collaborate with tribes and federal, regional, and local agencies on actions related to promoting groundwater recharge and increasing storage.
12. To help advance groundwater recharge projects, and to demonstrate the feasibility of projects that can use available high water flows to recharge local groundwater while minimizing flood risks, the Water Board and Regional Water Quality Control Boards shall prioritize water right permits, water quality certifications, waste discharge requirements, and conditional waivers of waste discharge requirements to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife. For the purposes of carrying out this paragraph, Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division, and Chapter 3 ( commencing with section 85225) of Part 3 of Division 35 of the Water Code and regulations adopted pursuant thereto are hereby suspended to the extent necessary to address the impacts of the drought. This suspension applies to (a) any actions taken by state agencies, (b) any actions taken by local agencies where the state agency with primary responsibility for the implementation of the directives concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b). The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.
13. With respect to recharge projects under either Flood-Managed Aquifer Recharge or the Department of Water Resources Sustainable Groundwater Management Grant Program occurring on open and working lands to replenish and store water in groundwater basins that will help mitigate groundwater conditions impacted by drought, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Department of Water Resources concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b), Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought. The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.
14. To increase resilience of.state water supplies during prolonged drought conditions, the Department of Water Resources shall prepare for the potential creation and implementation of a multi-year transfer program pilot project for the purpose of acquiring water from willing partners and storing and conveying water to areas of need.
15. By April 15, 2022, state agencies shall submit to the Department of Finance for my consideration proposals to mitigate the worsening effects of severe drought, including emergency assistance to communities and households and others facing water shortages as a result of the drought, facilitation of groundwater recharge and wastewater recycling, improvements in water use efficiency, protection of fish and wildlife, mitigation of drought-related economic or water-supply disruption, and other potential investments to support short- and long-term drought response.
IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 28th
day of March 2022.
I I
,:, .
l · I'
t (.1 I
l~~-~-- GAVIN NEWSOM
Governor of California
ATTEST:
SHIRLEY N. WEBER, PH.D.
Secretary of State
State of California
Office of Administrative Law
In re:
State Water Resources Control Board
NOTICE OF APPROVAL OF EMERGENCY
REGULATORY ACTION
Regulatory Action:
Title 23, California Code of Regulations
Adopt sections: 996
Amend sections:
Repeal sections:
Government Code Sections 11346.1 and
11349.6
OAL Matter Number: 2022-0606-03
OAS Makter Type: Emergency (E)
This emergency action by the State Water Resources Control Board adopts a new regulation which .requires urban water suppliers to submit preliminary supply and demand assessments to the Department of Water Resources and to implement Level 2 demand reduction actions (actions intended to result in a 10 to 20 percent savings).
The regulation bans the irrigation of non-functional turf with potable water in commercial, industrial, and institutional. sectors and establishes that such irrigation is an infraction punishable by a fine of up to five hundred dollars for each day in which. the violation occurs pursuant to Water Code section 1058.5(d).
OAL approves this emergency regulatory action pursuant to sections 11346.1 and 11349.6 of the Government Gode. Pursuant to Water Code section 1058.5(b}, the Finding of Emergency in this matter was exempt from Office of Administrative Law Review.
This emergency regulatory action is effective on 6/10/2022 and, pursuant to Water Cade section 1058.5(c), will expire on 6/1 Q/2023. The Certificate of Compliance far this action is due no later than 6/9/2023.
Date: June 10, 2022 ~ ~~„~, ~~-,
Dale Mentink`
Assistant Chief Counsel
For: Kenneth J. Pogue
Director
Original: Eileen Sobeck, Executive
Director
Copy: Garrett Lenahan
STATE OF CALIFORNIA—OPfICEOFADMINiSTRA E~nw
NOTICE PUBLIC/~TIOIV For use by Secretary of State only ~n,
sr~.aootRev.ionor9l ~
~f1L FILE N07ICE FILE NUMBER REGULATORY ACTION NUMBEgR~ g~ ~g EMER~GEi NyC~Y NUMBER N1Jt~/I$~f~'a" ~~ e~
For use by Once of Administrative law (OAL)
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NOTICE REGULATIONS
AGENCY WITH RULEMAKING AUTHORITY
State Water AGENCY FILE NUMBER (if any) Resources Control Board A. PUBLICATION OF NOTICE (Complete for publication in Notice Register)
1. SUBJECT OF NOTICE TITLES) FIRST SECTION AFFECTED 2. REQUESTED PUBLICATION DATE
3. NOTICE TYPE - 4. AGENCY CONTACT PERSON TELEPHONE NUMBER FAX NUMBER (Optional) ❑ Notice re Proposed ("—►
Re ulato tither `Action L_~
OAL USE ACTION ON PRppgSFD NOTICE
~~~Y HPP~oveaas
NOTICE. R_FGISTER NUMBER '. Pl!BUCATlpN bATE APp~cvyas t" DisapProvh~+~ S~bnnroea ~ MorliheU ~ Witharawn B. SUBMISSION OF REGULATIONS (Complete when submitting regulations) 1a. SUBJECT OF REGULATION{S) ib. ALL PREVIOUS RELATED OAL REGULATORY ACTION NUMBERS) Water Demand Reduction Emergency Regulation
2. SPECIFY CALIFORNIA CODE Of REGULATIONS TITLES) AND SECTIONS) (including title 26, if toxics related) SECTIONS} AFFECTED A°oPT
{List all section number{s) 996
`individually. Attach aMeNo
_~cidi~a~al:_sF~eeh_6f~reeded.} __~_._ _--- ____ _._ ----_ ____ -- TITLE(S) REPEAL 23 3. TYPE OF FILING
Code
Regular
§11346)
Rulemaking {Gov. ❑Certificate of Compliance: The agency officer named ~ Emergency Readopt ~ Changes Without below certifies that this agency complied with the (Gov. Code, §11346.1 (h}) Regulatory Effect {CaL Resubmittal of disapproved provisions of Gov. Code §§11346.2-11347.3 either Code Regs., title 1, §100} or withdrawn nonemergency before the emergency regulation was adopted or filing (Gov. Code §§11349.3, within the time period required by statute. 11349.4) ❑File &Print ~ Print Oniy
§11346.1(b))
Emergency (Gov. Code, ~
emergency
Resubmittal
filing
of disapproved
(Gov. Code,
or
§11346.1)
withdrawn o ocher {sPe~~~> Wafer Code Section 1058.5
4. ALL BEGINNING AND ENDING DATES OF AVAILABILITY OF MODIFIED REGULATIONS AND/OR MATERIAL ADDED TO THE RULEMAKING FILE (Cal. Code Regs. line 1, §44 and Gov. Code §11347.1)
5. EFFECTIVE DATE OF CHANGES (Gov. Code, §§ 11343.4, 11346.1(d}; Cai. Code Regs., title 1, §100 ) Effective January 1, April 1, July 1, or x Effective on filing with §100 Changes Without Effective other October 1 (Gov. Code §11343.4(a)) ❑Secretary of State ❑Regulatory Effect ❑(Specify)
6. CHECK IF THESE REGULATIONS REQUIRE NOTICE T0, OR REVIEW, CONSULTATION, APPROVAL OR CONCURRENCE BY, ANOTHER AGENCY OR ENTITY Department of Fnance (Form STD. 399) {SAM §6660) ~ Fair Political Practices Commission ~ State Fire Marshal Other {Specify)
7. CONTACT PERSON TELEPHONE NUMBER FAX NUMBER {Optional) E-MAIL ADdRESS (Optional) Garrett Lenahan 916 341-5179
8. (certify
of the regulation{s)
that the attached
identified
copy
on
of the regulations) is a true and correct copy For use by Office of Administrative Law (OAL) only this form, that the information specified on this form is true and correct, and #hat I am the head of the agency taking this action, or a designee of the head of the agency, and am authori2ed to make this certification.
SIGNATURE OF AGENCY HEAD OR DESIGNEE PATE
Eric Oppenheimer °'g J.~te:20]IA6➢614:24:44 7a1ySgnedbyEncOp°~ibe -0]'00'1nef 6/612022
TYPED NAME AND TITLE OF SIGNATORY
Eric Oppenheimer, Chief Deputy Director, State Water Resources Control Board
ADOPTED EMERGENCY REGULATION TEXT
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article. 2. Prevention of Drought Wasteful Water Uses
996. Urban Drought Response Actions
~a) As used in this section:
(1) "Commercial, industrial and institutionaP' refers to commercial water users, industrial water users, and .institutional water users as respectively defined in Water Code, section 10608:12. subdivisions (e), {i ,and (j), and includes homeowners' associations, common interest developments, community service organizations, and other similar entities but does not include the residences of these entities' members or separate interests. ~2) "Common interest development' has the same meaning as in section 4100 of the Civil Code.
~3) "Community service organization or similar entity" has the same meaning as in :section 4110 of the Civi( Code.
~4) "Homeowners' association" means an "association" as defined in section 4080 of the Civil Code.
(5} "Non-functional turf" means turf that is solely ornamental and not rec~ularly used for human recreational purposes or for civic or community events. Non-functional turf does not include sports fields and turF that is regularly used for human recreational purposes or for civic or community events.
(6} "Plant factor" has the same meaninct as in section 491. ~7) "Separate interest" has the same meaning as in section 4185 of the Civil Code. (8) "Turf" has the same meaning as in section 491.
(9} "Urban water supplier" has the same meaning as Water Code section 10617. (10) "Water shortage contingenc rLplan" means the plan required by Water Cade section 10632.
(b) Each urban water supplier shall submit to the Department of Water Resources a preliminary annual water su~ply and demand assessment consistent with section 10632.1 of the Water Cade no later than June 1 2022 or the effective date of this section whichever comes later, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code.
(i) The supplier's annual water supply and demand assessment submitted to the Department of Water`Resources demonstrates an ability to maintain reliable suppix until September 30, 2023.
Department of Water Resources.
(iii) The supplier's average number of gallons of water used per person per day by to twenty (20) gercent (Level ~, implement at a minimum the following actions:
(1) Initiate a public information and outreach campaign for water conservation and promptly and effectively reach the supplier's customers, using efforts such as ema papermail, bill inserts, customer app notifications, news articles, websites, comma events radio and television billboards and social media. potable water befinreen the hours of 10:00 a.m. and 6:00 p.m.
Level 2~
(2 Notwithstanding subdivision (c)(1), urban water suppliers shall not be required to implement new residential connection moratoria pursuant to this section. residential customers for the year 2020 is below 55 gallons, as reported to the Board in the :Electronic Annual Report.
has authority to enforce, as infractions, the prohibitions in section 995 and takes enforcement against violations.
(e) t1) To prevent the unreasonable use of water and to promote water conservation, the use: of potable water is prohibited for the irrigation of non-functional turf at commercial, industrial and institutional sites.
(2~ Notwithstanding subdivision (e)(1~, the use of water is not prohibited by this section to the extent necessary to ensure the health of trees and other perennial non-turf plantings or to the extent necessary to address an immediate health and safety need. (3) Notwithstanding subdivision (e)(1 ~, an urban water supplier may approve a request for continued irrigation of non-functional turFwhere the user certifies that the turf is a low water use plant with a plant factor of 0.3 or less, and demonstrates the actual use is less than 40% of reference evapotranspiration.
criminal
(g) A decision or order issued under this section ~ the Board, or an officer or employee the Board, is subject to reconsideration under article 2 (commencing with section 1122) c chapter 4 of part 1 of division 2 of the Water Code.
Authority: Section 105$.5, Water Code.
References: Article X Section 2 California Constitution' Sections 4080 4100 4110 and 4185 Civil Gode~ Section 8627.7 Government Code' Sections 102 104 105 275 350
3.77, 491, 1058.5, 1122. 10608.12, 10617, 10632, and 10632.1, Water Code; Lic~hf v. Sf~ Water Resources Control Board (2Q14) 226 Cal.App.4th 1463; Stanford Vina Ranch lrrigation Co. v. State of California (20201 50 Cal.App.5th 976
EXECUTIVE DEPARTMENT
STATE OF CALIFORNIA
EXECUTIVE ORDER N-5-23
WHEREAS on April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, I proclaimed States of Emergency to exist due to drought conditions; and WHEREAS the multi-year nature of the current drought, which began three years after the record-setting drought of 2012-2016, continues to have significant, immediate impacts on communities across California with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the March 3, 2023, snow survey conducted by the Department of Water Resources and partner agencies found that most regions of the Sierra Nevada are above average for snow water content, and some regions are nearing record amounts of snow, and snow and rain has fallen across many regions of the state since then, with more precipitation forecasted; and WHEREAS improved conditions have helped rehabilitate surface water supplies, but have not abated the severe drought conditions that remain in some parts of the State, including the Klamath River basin and the Colorado River basin, and many groundwater basins throughout the State remain depleted from overreliance and successive multi-year droughts; and WHEREAS continued action by the State is needed to address ongoing consequences of the drought emergency, including groundwater supply shortages, domestic well failures, and drought-related harm to native fishes in the Klamath River and Clear Lake watersheds; and
WHEREAS the drought emergency has required a dynamic and flexible response from the State, and several provisions in my prior Proclamations and Orders have been terminated or superseded already, specifically Paragraphs 4 and 8 of my State of Emergency Proclamation dated April 21, 202 l, Paragraphs 2, 4, and 7 of my State of Emergency Proclamation dated May 10, 2021, Paragraphs 3, 4, 5, 6, and 10 of my State of Emergency Proclamation dated July 8, 2021, and Paragraph 9 of Executive Order N-7-22; and WHEREAS improved conditions warrant an even more targeted State response to the ongoing drought emergency and certain provisions in my State of Emergency Proclamations dated April 21, 202 l, May 10, 2021, July 8, 2021, and October 19, 2021, and in Executive Orders N-10-21, N-7-22, and N-3-23 provide authority that is no longer needed to mitigate the effects of the drought conditions or direct actions by state agencies, departments, and boards that have already been completed; and
WHEREAS notwithstanding the rescission of certain emergency authorities for emergency drinking water action, state agencies have existing legal authority and funding to continue expedited work to advance the human right to water, and state agencies will continue all ongoing drought resilience planning work, including through coordination with local agencies and tribes; and
WHEREAS next winter's hydrology is uncertain and the most efficient way to preserve the State's improved surface water supplies is for Californians to continue their ongoing efforts to make conservation a way of life; and WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Order would prevent, hinder, or delay the mitigation of the effects of the drought conditions.
NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:
IT IS HEREBY ORDERED THAT:
l . The orders and provisions contained in my State of Emergency Proclamations dated April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021, and Executive Orders N-7-22 (March 28, 2022), N-3- 23 (February 13, 2023), and N-4-23 (March l 0, 2023), remain in full force and effect, except as modified by those Proclamations and Orders and herein. State agencies shall continue to implement all directions from those Proclamations and Orders and accelerate implementation where feasible.
2. The following provisions of my State of Emergency Proclamation dated April 21, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 5-7; and
c. Paragraphs 9-14.
3. The following provisions of my State of Emergency Proclamation dated May l 0, 2021, are terminated:
a. Paragraph 1;
b. Paragraph 3;
c. Paragraph 5; and
d. Paragraphs 9-10.
4. The following provisions of my State of Emergency Proclamation dated July 8, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 7-8, except those portions of paragraph 7 withdrawing provisions of prior orders;
c. Paragraphs 11-12.
5. The following provisions of my State of Emergency Proclamation dated October 19, 2021, are terminated:
a. Paragraph 2;
b. Paragraphs 4-5;
c. Paragraph 8; and
d. Paragraph 10.
6. The following provisions of Executive Order N-10-21 are terminated:
a. Paragraph 1; and
b. Paragraph 3
7. The following provisions of Executive Order N-7-22 are terminated:
a. Paragraphs 1-3;
b. Paragraph 6; and
c. Paragraphs 14-15.
8. The following provisions of Executive Order N-3-23 are terminated:
a. Paragraph 1; and
b. Paragraph 3, except those portions of the paragraph
withdrawing provisions of prior orders.
9. Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, and Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021, are withdrawn and replaced with the following text:
To ensure critical instream flows for species protection in the Klamath River and Clear Lake watersheds, the State Water Resources Control Board (Water Board) and Department of Fish and Wildlife shall evaluate the minimum instream flows and other actions needed to protect salmon, steelhead, the Clear Lake Hitch, and other native fishes in critical streams systems in these watersheds and work with water users, tribes, and other parties on voluntary measures to implement those actions. To the extent voluntary actions are not sufficient, the Water Board, in coordination with the Department of Fish and Wildlife, shall consider emergency regulations to establish minimum instream flows to mitigate the effects of the drought conditions. For purposes of state agencies carrying out or approving any actions contemplated by this paragraph, Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division are suspended. Nothing in this Paragraph affects or limits the validity of actions already taken in the Klamath and Clear Lake watersheds or ongoing under Paragraph 6 of my State of Emergency Proclamation dated May 10, 2021, or Paragraph 9 of my State of Emergency Proclamation dated July 8, 2021 .
IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.
This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.
IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 24th
day of March 2023.
overnor of California
ATTEST:
SHIRLEY N. WEBER, PH.D.
Secretary of State
DRINKING WATER CONSTRUCTION
LOAN
AGREEMENT NO. SWRCB0000000000D2002017
by and between
CITY OF PORTERVILLE (“Recipient”)
and
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD (“State Water Board”) for the purpose of the
AKIN/CENTRAL WATER CONSOLIDATION PROJECT
5410010-018C AND 5400655-001C (“Project”)
• Section 116760 et seq. of the Health and Safety Code and Resolution Nos. 2019-0065 and 2020- 0022.
PROJECT FUNDING AMOUNT: $4,787,664
PRINCIPAL FORGIVENESS COMPONENT: $4,787,664
ESTIMATED REASONABLE PROJECT COST: $4,787,664
ELIGIBLE WORK START DATE: JULY 1, 2016
ELIGIBLE CONSTRUCTION START DATE: SEPTEMBER 22, 2020
CONSTRUCTION COMPLETION DATE: OCTOBER 1, 2023
FINAL REIMBURSEMENT REQUEST DATE: APRIL 1, 2024
RECORDS RETENTION END DATE: OCTOBER 1, 2059
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017