Porterville City Council
July 16, 2024

City Council Agenda July 16, 2024

CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
JULY 16, 2024, 5:30 PM
The City of Porterville is allowing for electronic viewing of City Council Meetings. Porterville City Council Meetings will be live streamed on YouTube at https://www.youtube.com/@cityofporterville4149
Alternatively, this meeting will also be available via Zoom as a courtesy using the following information
City of Porterville – City Council Meeting of July 16, 2024 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/83907331229?pwd=c0EKQUUeK9NW4zjiDKZ9BEMNMmxB3o. 1 Or via Telephone: 1-669-900-6833 Webinar ID: 839 0733 1229 Passcode: 583876 Call to Order
Roll Call

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

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:

1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 260-187-001. Agency Negotiator: Patrice Hildreth and Jason Ridenour. Negotiating Parties: City of Porterville and Habitat for Humanity. Under Negotiation: Terms and Price.

2 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: Patrice Hildreth and Yuliana Andrade. Employee Organization: Porterville Peace Officers Association. 3 - Government Code Section 54956.95 – Liability Claim: Claimant: Frederick Balangue. Agency claimed against: City of Porterville.
4 - Government Code Section 54956.95 – Liability Claim: Claimant: Vanessa Sousa. Agency claimed against: City of Porterville.

City Council Agenda July 16, 2024

5 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Two (2) cases in which facts are not yet known to potential plaintiff.
6 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Two (2) cases. 7 - Government Code Section 54957 – Public Employment: City Manager. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Council Member Weyhrauch
Invocation

PRESENTATIONS

Employee Service Awards
Tulare County Economic Development Corporation - Year End Presentation General Plan - Environmental Justice and Health and Safety Elements

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

4. Animal Control Commission - July 11, 2024

5. Youth Commission - (Summer Hiatus)

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

1. Informational Report Regarding Fourth of July Fireworks Enforcement

2. Water Conservation Phase IV Status Update - June 2024 City Council Agenda July 16, 2024

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. Approval of Draft Minutes of June 18, 2024
Re: Considering approval of the City Council draft Minutes of June 18, 2024.

2. Ratification of Emergency Expenditure - AC Unit - Sheriff Department Airport Hanger
Re: Ratification of the emergency purchase of an AC unit in the amount of $10,700 plus applicable sales tax for the city-owned airport hanger occupied by the Tulare County Sheriff's Department.

3. Authorization to Replace Police Vehicle
Re: Considering approval of the purchase of a 2024 Ford Explorer from Phil Long Dealership under their National Government Fleet Sales Contract for $48,760.00 to replace a police vehicle that was involved in an on-duty traffic collision.

4. Purchase of Police Vehicles - Special Methods and Resources Team Re: Consideration to approve the purchase of three (3) 2024 Chevrolet Silverado Trucks and one (1) 2024 Chevrolet Tahoe, for up to a total cost not to exceed $240,000; approve the purchase of (4) APX 6500 unit radios from J's Communications for $22,216.62; approve the purchase of (4) Dell Latitude 7230 tablet MDT's from Dell for $15,462.40; and approve the upfit of the new vehicles by County of Tulare IT Radio Comm. for $39,867.62.

5. Authorization to Purchase Specialized Equipment - Ammonia/TKN Analyzer Re: Consideration of the purchase of an analyzer from Xylem Inc. & EZKem in an amount not-to-exceed $41,596.35, which includes the analyzer, installation, and training.

6. Authorization to Purchase Components to Repair/Upgrade the Traffic Signal at Westwood Street and Olive Avenue
Re: Considering authorization to purchase components from Econolite at a cost not to exceed $57,074 for the repair and upgrade by City staff of the traffic signal at Westwood Street and Olive Avenue.

7. Authorization for Repair of Streets Loader
Re: Considering authorization of a loader H-frame replacement by Quinn Caterpillar at a cost not to exceed $37,914.

8. Authorization to Repair Effluent Outfall Line
Re: Consideration to purchase the repair parts for the Effluent Outfall Line located at the Wastewater Treatment Facility, from Ferguson Waterworks for an amount not to exceed $12,201.37.

9. Authorization for Water Department Service Truck Engine Replacement City Council Agenda July 16, 2024

Re: Considering approval of a service truck engine replacement by Porterville Automotive at a cost not to exceed $13,756.

10. Authorization to Upgrade Supervisory Control and Data Acquisition Equipment
Re: Consideration to award the purchase of the SCADA upgrade to Telstar Instruments for an amount not to exceed $234,185.

11. Authorization to Purchase by Negotiation Equipment Scheduled for Replacement
Re: Council authorization to purchase by Negotiation, equipment scheduled for replacement in various city departments.

12. Authorization to Purchase Master Meter 4G Radio Read Water Meters Re: Considering approval to purchase miscellaneous new meters, replacement meters, and/or meter registers during the 2024-2025 Fiscal Year in an amount up to but not exceeding $100,000.

13. Authorization to Purchase Water Shares or Surface Water for Groundwater Recharge
Re: Consideration to authorize the purchase of water shares or surface water during the 2024-2025 Fiscal Year in the amount of up to $1,500,000.

14. Authorization to Distribute Request for Proposal for Short-Range Transit Plan Re: Council to authorize staff to advertise an RFP for the 2025-2030 Short Range Transit Plan.

15. Authorization to Distribute a Request for Proposals (RFP) for Contract Planning Services
Re: Consideration of the Council to authorize staff to distribute a Request for Proposals for contract planning services.

16. Authorization Request for Proposals - Emergency Board-Up Service Re: Consideration to authorize the Request for Proposals for emergency property board up services.

17. Authorization to Distribute a Request for Proposals for Expansion of Navigation Center
Re: Considering approval of the distribution of a Request for Proposals for a prefabricated dining and sanitation facility for the Porterville Navigation Center.

18. Authorization to Advertise for Bids - Butterfield Stage Corridor Project Re: Council to approve the staff's recommended Plans and Project Manual for the Butterfield Stage Corridor Project that is approximately 3.9 miles in length along the former Southern Pacific Railway line.

19. Authorization to Award Contract - Main Street Reconstruction Project, Phase 2A (Garden Avenue to Putnam Avenue)
Re: Consideration to award the Main Street Reconstruction Project, Phase 2A (Garden Avenue to Putnam Avenue), to MAC General Engineering Inc., in the amount of $1,322,219.00
City Council Agenda July 16, 2024

20. Authorization for Engineering Services - Reclamation Area Monitoring Well Evaluation and Replacement Well Installation Plan
Re: Consideration to authorize the selection of Carollo Engineers to develop the Reclamation Area Monitoring Well Evaluation and Replacement Well Installation Plan under the On-Call Engineering Services contract agreement for a sum not to exceed $38,478.

21. Acceptance of Project - Fire Station 72 Classroom Remodel Project Re: Consideration to accept the Fire Station 72 Classroom Remodel Project from TMJ Construction Inc. as complete, for total construction cost of $704,509.90.

22. Approval of Resolution Authorizing the Filing of Regional Surface Transportation Program Exchange Fund Claim for the Fiscal Year 2023-2024 Re: Authorizing staff to file an RSTP claim in the amount of $389,025 for FY 2023-

24. 23. Approving Resolution for Transportation Development Act (TDA) Claim FY 2024
Re: Considering approval of a Resolution for Transportation Development Act (TDA) Claim FY 2024.

24. Renewal of HR Test Rental and Use Agreement Between City of Porterville and CPS HR Consulting
Re: Consideration to authorize a two-year renewal of the Test Security Agreement with CPS HR consulting for the utilization of written examinations for use in the City's recruitment process.

25. Acceptance of the University of California, Davis, Grant for Spay/Neuter of Cats and Dogs
Re: Consideration to accept the grant from the University of California, Davis, in the amount of $89,740.00.

26. Authorizing FY 2024 State of Good Repair (SGR) Project Re: Consideration to adopt the draft resolution authorizing the Director of Transportation to execute for and on behalf of the City any actions necessary for the purpose of obtaining SB1 State Transit Assistance State of Good Repair funds provided by the California Department of Transportation, Division of Rail and Mass Transportation, for transit infrastructure repair and service improvements, continually until the end of the State of Good Repair program.

27. Sewer Utility Districts Annual Assessments Fiscal Year 2024-2025 Re: Consideration to adopt the draft resolutions ordering the continued sewer district assessments for the 2024-2025 Tax Year.

28. Consider Resolutions Pertaining to Engineer's Reports and the Setting of a Public Hearing for Inclusion Within Landscape and Lighting Maintenance Districts for the Establishment of Tax Assessments for Parcels Within Royal Oaks Phase Two Subdivision
Re: Considering resolutions regarding the annexation of Royal Oaks Phase 2 into Landscape and Lighting Maintenance District Number 56; the preparation of the Engineer's Reports; giving preliminary approval to the Engineer's Reports; declaring City Council Agenda July 16, 2024

the intent to annex Royal Oaks Phase 2 into District 56, to levy and collect assessments, and so set a Public Hearing for August 6, 2024.

29. Preliminary Annual Engineer's Report of Assessments for Landscape and Lighting Maintenance Districts and Setting a Public Hearing Re: Consider the adoption of resolutions concerning the preparation of an Engineer's Report for the Landscape and Lighting Maintenance Districts for the 2024-2025 Fiscal Year; giving preliminary approval to said Engineer's Report; declaring the intent to levy and collect assessments and offering a time and place for hearing objections hereto; and scheduling a public hearing for August 6, 2024, at 6:30 P.M.

30. Authorization of Street Closures for the National Night Out Community Event on August 6, 2024
Re: Consideration of authorizing the closure of Main Street from Thurman Avenue to Putnam Avenue and adjacent side streets to the alleys from 3:00 P.M. to 10:00 P.M. for the National Night Out community event on August 6, 2024.

31. Authorization of Street Closure for KJUG Concert
Re: Council authorization to authorize the street closures for the KJUG concert on a date to be determined.

32. Approval of Community Civic Event - American Conservatory - Elite Night Lights - August 2, 2024
Re: Consideration to approve the Community Civic Event appplication from the American Conservatory on August 2, 2024, 4:00 PM to 8:00 PM, located in the parking lot behind Keller Williams Elite Realty, between Hockett Street and the alley.

33. Approval of Community Civic Event - Parenting Network - Porterville United Car Show - August 3, 2024
Re: Consideration to approve the Community Civic Event application from Parenting Network to hold the Porterville United Car Show on August 3, 2024, from 8:00 AM to 3:00 PM at Veterans Park.

34. Approval of Community Civic Event - Porterville Breakfast Rotary - Run For Life - September 7, 2024
Re: Consideration to approve the Community Civic Event application from Porterville Breakfast Rotary to hold the "Run For Life" event on September 7, 2024, from 8:00 AM until 11:00 AM at Granite Hills High School.

35. Consideration of Appointment of CalTIP Board Member Re: Appointment of staff members to serve as Board Member and Alternates to represent the City of Porterville on the California Transit Systems Joint Powers Authority.

36. 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.

SCHEDULED MATTERS

37. Adoption of Annual Appropriation Limit
City Council Agenda July 16, 2024

Re: Considering approval of a Resolution of Annual Appropriation Limit of $97,384,301 for the 2024-2025 Fiscal Year.

38. Consideration of Request by TCAG for Letter of Support of Cross Valley Express
Re: Council to consider the request for a letter in support of TCAG's grant application to fund the implementation of the Cross Valley Express.

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

1. Tulare County Association of Governments (TCAG) / Tulare County Transportation Authority (TCTA) - June 17, 2024 (Report Continued)

2. Tulare County Taskforce on Homelessness - June 19, 2024 (CANCELLED)

3. Cannabis Ad Hoc Committee - June 25, 2024

4. Tulare County Economic Development Corporation (TCEDC) - June 26, 2024

5. Local Initiatives Navigation Center (LINC) Committee - June 26, 2024

6. Tulare County Regional Transit Agency (TCRTA) - June 26, 2024

7. Internal City Audit Committee - June 26, 2024

8. Local Initiatives Navigation Center (LINC) Committee - July 10, 2024

9. Tulare County Association of Governments (TCAG)/Tulare County Transportation Authority (TCTA) - July 15, 2024

10. Tulare County Regional Transit Agency (TCRTA) - July 15, 2024

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 August 6, 2024, 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 City Council Agenda July 16, 2024

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 – JULY 16, 2024
SUBJECT: 1. Informational Report Regarding Fourth of July Fireworks Enforcement SOURCE: Police
COMMENT: During the month of June, Porterville Police Detectives took a proactive enforcement stance to combat the use of illegal fireworks within our community.

During this time, they followed up on tips regarding the sales of illegal fireworks and also conducted undercover operations by communicating with sellers of unlawful fireworks. During these operations, numerous search warrants were executed at residences as well as a local business in Porterville. At the culmination of these investigations, detectives located over 3,600 pounds of illegal fireworks valued at approximately $60,000 as well as an AK-47 rifle and five additional firearms.

Additionally, on July 2nd, 3rd, and 4th, the Porterville Police Department, in conjunction with the Porterville Fire Department, dedicated personnel to specifically target illegal fireworks. In addition to initiating proactive enforcement to identify those in possession of and discharging illegal fireworks, police and fire personnel responded to approximately 84 calls for service over the three days, surrounding the use of illegal fireworks.

On July 3rd, a large tree fire was started by the improper placement and utilization of fireworks and on July 4th a grass fire and separate dumpster fire were attributed to the unlawful use of fireworks.

At the conclusion of the three-day effort, personnel issued 20 in-person administrative citations and collected 173 illegal fireworks, weighing approximately 60 pounds. Furthermore, the Porterville Police Department’s Unmanned Aerial Vehicles (UAV), were able to identify an additional four residences responsible for igniting illegal fireworks and administrative citations will be mailed to these locations.

Based on our proactive approach and in a review of calls from June 30 - July 6th, between the hours of 7:00 PM and 3:00 AM, there was a 25% decrease in total calls related to fireworks from 2023 to 2024. This may also be attributed to the fact that there was a 67% increase in officer-initiated activity related to fireworks activity.

Illegal fireworks seized during the aforementioned efforts on July 2nd, 3rd, and 4th, (excluding the detectives' investigations) included:
26 Mortars
23 Mortar tubes
22 Roman candles
11 Cakes
68 Firecrackers
23 Bottle rockets
RECOMMENDATION:

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, City Manager
CITY COUNCIL AGENDA – JULY 16, 2024
SUBJECT: 2. Water Conservation Phase IV Status Update - June 2024 SOURCE: Public Works
COMMENT: The City has continued to implement an active water conservation approach, conserving water and providing flexibility to the community. As of June 1, 2024, the city transitioned from Phase IV to Phase III of its Water Conservation Plan. The Plan applies to all municipal water users within or outside the city limits.

The Phase III plan increases 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 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 June 2024 show that five (5) notices of violations were issued for water waste, and no administrative citations were issued.

Water production for June 2024 reflects a three percent (3%) increase from the five-year average. The monthly production for June was 405 million gallons, which is a fifteen percent (15%) decrease compared to June 2013, when it was 478 million gallons. Residential consumption for June 2024 was 156 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 June 2015 through June 2024. Porterville's cumulative total production conservation through June 2024 is twenty percent (20%). The cumulative total of GPCD for the City of Porterville's conservation efforts will be reflected from June 2015 through June 2024. Porterville's cumulative total GPCD conservation through June 2024 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 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 urban water conservation performance 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 thirteen percent (13%) increase from June 2023 to June 2024. 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 (20%). 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 N-10-21.

RECOMMENDATION: Information Only
ATTACHMENTS: 1. Monthly Production Status June 2024

2. Monthly Production Status GPCD June 2024

3. Drought Response Phase III Flyer -
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, 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 June 2024 Production Comparison to 2013 & 5 Year Average 2013
2020
2021
2022
2023
2024
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 June 2024 Gallon Per Capita Day Comparison to 2013 & 5 Year Average 2013
2020
2021
2022
2023
2024
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
Item No. 1.

CITY COUNCIL AGENDA – JULY 16, 2024
SUBJECT: Approval of Draft Minutes of June 18, 2024
SOURCE: Administrative Services
COMMENT: Presented for Council's approval are the draft Minutes of June 18, 2024.

RECOMMENDATION: That the Council approve the draft Minutes of June 18, 2024.

ATTACHMENTS: 1. Draft Minutes 06-18-2024
Appropriated/Funded:

Review By:

Department Director:

Yuliana Andrade, Administrative Services Director
Final Approver: Yuliana Andrade, Administrative Services Director

CITY COUNCIL MINUTES
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
JUNE 18, 2024, 5:30 PM
Call to Order at 5:30 p.m.

Roll Call: Council Member Greg Meister, Council Member Raymond Beltran, Council Member Donald Weyhrauch, Vice Mayor Kellie Carrillo, Mayor Martha A. Flores

ORAL COMMUNICATIONS
None.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:
1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: 23611 Road 196, Lindsay, CA. Agency Negotiator: Jason Ridenour. Negotiating Parties: City of Porterville and County of Tulare. Under Negotiations: Terms and Price.
2 - Government Code Section 54956.95 – Liability Claim: Claimant: Matthew Carroll. Agency Claimed Against: City of Porterville.
3 - Government Code Section 54956.95 – Liability Claim: Claimant: Gary Sell, Jr. Agency Claimed Against: City of Porterville.
4 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant exposure to litigation: Two (2) cases in which facts are not yet known to potential plaintiff.
5 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Three (3) cases. 6:34 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
City Attorney Lew reported action pertaining to A-2, and A-3 as follows:

A-2. On a MOTION made by Mayor Martha A. Flores, and SECONDED by Vice Mayor Kellie Carrillo the City Council unanimously rejected the claim filed by Matthew Carroll.

Documentation: M.O. 01-061824
Disposition: Claim rejected.

A-3. On a MOTION made by Council Member Greg Meister, and SECONDED by Council Member Raymond Beltran the City Council unanimously rejected the claim filed by Gary Sell Jr.

Documentation: M.O. 02-061824
Disposition: Claim rejected.

The Pledge of Allegiance was led by Council Member Beltran.

Invocation – a member of the public came forward and gave an invocation.

PRESENTATIONS
July Employee of the Month - Rachel Ginsberg
Police Department Recognition for Policy Updates and Training

ORAL COMMUNICATIONS
• Cathy Capone, Porterville, hopes for more communication between the City and the Tule River Parkway Association regarding trail projects.
• Brock Neeley, Porterville, presented council with documentation related to Pride Month. • Gail Nuckols, Porterville, concerned about the traffic that will occur around the Sports Complex during Freedom Fest.
• Adonis Nuckols, Porterville, concerned about the traffic that will occur around the Sports Complex during Freedom Fest.
• Ed McKervey, Porterville, stated the importance of building a library that can serve the underserved community, including those who are homeschooled and need resources.

REPORTS
I. City Commission and Committee Meetings

1. Parks & Leisure Services Commission - (On summer hiatus)

2. Library & Literacy Commission - (On summer hiatus)

3. Arts Commission

4. Animal Control Commission

5. Youth Commission - (On summer hiatus)

6. Transactions and Use Tax Oversight Committee (TUTOC) - May 28, 2024 II. Staff Informational Reports
Water Conservation Phase IV Status Update - May 2024

CONSENT CALENDAR
There were no items pulled from the Consent Calendar for discussion.

COUNCIL ACTION: MOVED by Council Member Greg Meister, SECONDED by Mayor Martha A. Flores that the City Council approve Items Nos. 1-23. The motion carried unanimously.

1. APPROVAL OF DRAFT MINUTES OF JUNE 4, 2024
Recommendation: That the Council approve the draft Minutes of June 4, 2024.

Documentation: M.O. 03-061824
Disposition: Approved.

2. AUTHORIZATION TO NEGOTIATE THE PURCHASE OF POLICE

VEHICLES
Recommendation: That the City Council;

1. Authorize staff to negotiate for the purchase of four (4) Police Interceptor Ford Explorers up to a total cost not to exceed $238,500, which is based on the Manufacturer’s Suggested Retail Price plus tax, license, and applicable fees, as well as upfit of emergency equipment. Due to the unique purchasing parameters requested, staff is further requesting a ten percent (10%) contingency for the total purchase; and

2. Authorize payment to respective vendors upon receipt of listed equipment.

Documentation: M.O. 04-061824
Disposition: Approved.

3. AUTHORIZATION TO PURCHASE BLEACHERS FOR THE SANTA FE

SPORTSPLEX THROUGH CDBG PARK IMPROVEMENT FUNDS
Recommendation: That the City Council authorize the purchase of bleachers for the future Santa Fe Sportsplex through Community Development Block Grant Park Improvement Funds from WillyGoat for $57,092.71.

Documentation: M.O. 05-061824
Disposition: Approved.

4. AUTHORIZATION TO PURCHASE APPLICANT TRACKING

SOFTWARE AND SERVICES WITH NEOGOV
Recommendation: 1. Approve a contract with NEOGOV for the applicant tracking software and services at a cost of $4,800 for start-up, $35,299 for the first two years, and $25,000 annually thereafter; and

2. Authorize the Administrative Services Director to sign the agreement on behalf of the City.

Documentation: M.O. 06-061824
Disposition: Approved.

5. ICE MACHINE REPLACEMENT AT FIRE STATION 72 TRAINING

FACILITY
Recommendation: That the City Council approve the replacement and installation of a new commercial-grade ice machine for the Fire Department Training Facility and Station 72, at a cost not to exceed $10,120 from Mike Woods Air conditioning.

Documentation: M.O. 07-061824
Disposition: Approved.

6. AUTHORIZATION TO PARTICIPATE IN COOPERATIVE PURCHASING

PROGRAMS ON EXISTING ASPHALT CONTRACTS
Recommendation: That the City Council authorize the purchase of asphalt mix utilizing the contracts between the County of Tulare and Jaxon Enterprises.

Documentation: M.O. 08-061824
Disposition: Approved.

7. AUTHORIZATION TO DISTRIBUTE REQUEST FOR PROPOSALS -

GOLF COURSE MANAGEMENT SERVICES
Recommendation: That the City Council authorize staff to distribute request for proposals for golf course management services at the Porterville Municipal Golf Course.

Documentation: M.O. 09-061824
Disposition: Approved.

8. ACCEPTANCE OF PROJECT - MAIN STREET RECONSTRUCTION

PROJECT (PUTNAM AVENUE TO MORTON AVENUE)
Recommendation: That the City Council:

1. Accept the project as complete;

2. Authorize the filing of the Notice of Completion by the City Clerk; and

3. Authorize the release of the five percent (5%) retention thirty-five (35) days after recordation, provided no stop notices have been filed.

Documentation: M.O. 10-061824
Disposition: Approved.

9. ACCEPTANCE OF PROJECT - SKATEPARK IMPROVEMENT

PROJECT
Recommendation: That the City Council:

1. Accept the project as complete; and

2. Authorize the filing of the Notice of Completion by the City Clerk.

Documentation: M.O. 11-061824
Disposition: Approved.

10. EXTENSION OF FUNDING AGREEMENT WITH KERN COMMUNITY

COLLEGE DISTRICT (PORTERVILLE COLLEGE) FOR A PART-TIME

RESERVE POLICE OFFICER
Recommendation: That the City Council:

1. Approve the Extension Agreement with Kern Community College District for funding for a part-time Reserve Police Officer for the period of July 1, 2024, through June 30, 2025; and

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

Documentation: M.O. 12-061824
Disposition: Approved.

11. HERITAGE CENTER LAND ACQUISITION GENERAL PLAN

CONSISTENCY DETERMINATION
Recommendation: That the City Council:

1. Adopt the draft Resolution detailing the results of its investigations pursuant to Public Resources Code Section 21151.2 and Government Code Section 65402(c); and

2. Direct staff to forward a copy of said Resolution to the Porterville Unified School District.

Documentation: Resolution No. 31-2024
Disposition: Approved.

12. AMENDMENT NO. 2 TO 4CREEKS, INC. SANTA FE BYWAY TRAIL

SERVICE AGREEMENT
Recommendation: That the City Council:

1. Authorize the Engineering & Project Management Director to execute Addendum No. 2 to the 4 Creeks, Inc. Service Agreement at an agreed upon fee of $26,377.32 for the services described herein; and

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

fee amount and authorize a ten percent (10%) contingency to cover unforeseen costs.

Documentation: M.O. 13-061824
Disposition: Approved.

13. PERMANENT LOCAL HOUSING ALLOCATION (PLHA) YEAR 4

APPLICATION
Recommendation: That the City Council:

1. Authorize the Mayor to sign the streamlined application for the 2022 PLHA funding allocation for submittal to HCD; and

2. Authorize staff to submit the streamlined application in response to the 2023 PLHA NOFA to HCD for 2022 (Fourth
year of PLHA 5-Year Plan) funds.

Documentation: Resolution No. 32-2024
Disposition: Approved.

14. APPROVE REVISED FTA PROCUREMENT AND CONTRACT

ADMINISTRATION MANUAL
Recommendation: That the City Council adopt the draft resolution approving the revised Procurement and Contract Administration Manual.

Documentation: Resolution No. 33-2024
Disposition: Approved.

15. REQUEST FOR APPROVAL OF A 90-DAY ZERO-FARE PROGRAM

FOR PUBLIC TRANSPORTATION SERVICES TRANSITION
Recommendation: That the City Council:

1. Approve the 90-day zero-fare program for fixed route and ADA paratransit services, effective July 1, 2024, and ending September 29, 2024;

2. Authorize staff to make necessary adjustments and communicate the program details to the public; and

3. Direct staff to monitor the program's impact and provide a report to the City Council upon completion of the 90-day period.

Documentation: M.O. 14-061824
Disposition: Approved.

16. AUTHORIZATION FOR OUT-OF-STATE TRAVEL FOR FEMA

OPERATIONS SECTION CHIEF CLASS

Recommendation: That the City Council authorize out-of-state travel for Battalion Chief Chris Pisani to attend the FEMA L-958 All-Hazard Operations Section Chief course in Carson City, Nevada, from June 25th to June 28th, 2024, with travel expenses not to exceed $500.

Documentation: M.O. 15-061824
Disposition: Approved.

17. STATE SENATE BILL 1205 ANNUAL FIRE DEPARTMENT

INSPECTION REPORTING
Recommendation: That the City Council consider adoption of the draft Resolution acknowledging receipt of the Fire Chief’s annual report regarding the Porterville Fire Department's inspection of specific buildings and occupancies pursuant to Section 13146.2 and 13146.3 of the California Health and Safety Code.

Documentation: Resolution No. 34-2024
Disposition: Approved.

18. RATIFICATION OF NEW CLASSIFICATION AND APPROVAL OF JOB

DESCRIPTION FOR ENCAMPMENT MAINTENANCE WORKER FULL

AND PART-TIME POSITIONS
Recommendation: That the City Council:

1. Affirm the establishment of the classification of Full-Time Encampment Maintenance Worker at a salary range of 171 ($3,610-$4,405) to be funded from the General Fund;

2. Affirm the establishment of the classification of Part-Time Encampment Maintenance Worker at $17.00 per hour; and

3. Approve the proposed Job Descriptions for Full and Part-Time Encampment Maintenance Workers.

Documentation: M.O. 16-061824
Disposition: Approved.

19. APPROVAL OF COMMUNITY CIVIC EVENT - PARENTING
NETWORK - SUMMER PICNIC - JUNE 21, 2024
Recommendation: That the City Council approve the Community Civic Event application from the Parenting Network to hold the “Summer Picnic” event on Friday, June 21, 2024, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, and Exhibit B.

Documentation: M.O. 17-061824

Disposition: Approved.

20. APPROVAL OF COMMUNITY CIVIC EVENT - PARENTING
NETWORK - GRILLING WITH DADS - JUNE 29, 2024
Recommendation: That the City Council approve the Community Civic Event application from the Parenting Network to hold the “Grilling with Dads” event on Saturday, June 29, 2024, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, and Exhibit B.

Documentation: M.O. 18-061824
Disposition: Approved.

21. APPROVAL OF COMMUNITY CIVIC EVENT - PORTERVILLE
KIWANIS CLUB - WATERMELON FESTIVAL - JULY 28, 2024
Recommendation: That the City Council approve the Community Civic Event application submitted by the Porterville Kiwanis Club to hold the "Watermelon Festival" event on July 28, 2024, at Veterans Park, subject to restrictions and requirements contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.

Documentation: M.O. 19-061824
Disposition: Approved.

22. APPROVAL OF COMMUNITY CIVIC EVENT - PARENTING
NETWORK - BACK TO SCHOOL PARTY - AUGUST 2, 2024
Recommendation: That the City Council approve the Community Civic Event application from the Parenting Network to hold the “Back to School” event on Friday, August 2, 2024, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, and Exhibit B.

Documentation: M.O. 20-061824
Disposition: Approved.

23. STATUS AND REVIEW OF DECLARATION OF LOCAL FLOOD

EMERGENCY
Recommendation: That the City Council receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration.

Documentation: M.O. 21-061824
Disposition: Approved.

PUBLIC HEARINGS

24. ADOPTION OF FISCAL YEAR 2024-2025 BUDGET
Recommendation: That the City Council conduct the Public Hearing; and consider for adoption the proposed 2024-2025 Fiscal Year Budget, including any modifications.

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

Mayor Flores opened the Public Hearing at 7:18 p.m.
• Ed Mckervey, Porterville, expressed his hope for the resolution of traffic issues on Lombardi; acknowledged and appreciated the efforts put into the street resurfacing projects; and suggested the inclusion of a memorial for fallen firefighters in the fire station redesign. He also emphasized the need for innovative thinking regarding the library design.

Mayor Flores closed the Public Hearing at 7:24 p.m. when no one came forward to speak.

COUNCIL ACTION: MOVED by Council Member Greg Meister, SECONDED by Council Member Donald Weyhrauch that the City Council adopt the proposed 2024-2025 Fiscal Year Budget, as presented. The motion carried unanimously.

Documentation: Resolution No. 35-2024, Resolution No. 36-2024 Disposition: Approved.

SCHEDULED MATTERS

25. CONSIDERATION OF CALLING NOVEMBER 5, 2024, GENERAL
ELECTION; REQUESTING CONSOLIDATION OF ELECTION; AND

SETTING SPECIFIED SERVICES
Recommendation: That the City Council:

1. Adopt the draft Resolution calling the Election for November 5, 2024; requesting and consenting to the consolidation of the election; and setting specifications of the election order;

2. Adopt the draft Resolution requesting that the Board of Supervisors permit the Registrar of Voters to render specified services to the City for the November 5, 2024, Election;

3. Make a determination on whether candidate statements of 200 words or less will be allowed with no additional mailings, and if so, who shall be responsible for the estimated cost per candidate - the City or the candidate;

4. Authorize that the County Election Department, 5300 W. Tulare Ave.

Suite 105, Visalia, California 93277, be designated as the Central Counting Place for the November 5, 2024, General Municipal Election; and

5. Authorize payment to the Tulare County Registrar of Voters upon the completion of the requested services.

City Manager Hildreth introduced the item and Administrative Services Director Yuliana Andrade presented the staff report.

COUNCIL ACTION: MOVED by Mayor Martha A. Flores, SECONDED by Council Member Greg Meister that the City Council adopt the draft resolution calling the election for November 5, 2024; requesting and consenting to the consolidation of the election; and setting specifications of the election order; adopt the draft resolution requesting that the Board of Supervisors permit the Registrar of Voters to render specified services to the City for the November 5, 2024. Election; allow candidate statements of 200 words or less with no additional mailings, with responsibility of costs be that of the candidate; authorize the County Election Department, 5300 W. Tulare Ave., Suite 105, Visalia, California 93277, be designated as the Central Counting Place for the November 5, 2024, General Municipal Election; and authorize payment to the Tulare County Registrar of Voters upon the completion of the requested services. The motion carried unanimously.

Documentation: Resolution No. 37-2024, Resolution No. 38-2024 Disposition: Approved.

26. AUTHORIZATION TO EXECUTE TRANSPORTATION SERVICES

AGREEMENT - TRANSIT MANAGEMENT, OPERATIONS, AND

MAINTENANCE OF PORTERVILLE TRANSIT
Recommendation: That the City Council:

1. Authorize the Mayor to execute the Transportation Services Agreement with Tree's Sierra Management, Inc (dba SM Transit) for the Transit Management, Operations, and Maintenance of Porterville Transit per the scope of services defined in the Request for Qualifications (RFP) for this agreement at a price not to exceed those listed in the agreed upon "MultiYear Price Plan" incorporated as "Attachment B" in the agreement; and

2. Authorize progress payments up to one hundred percent (100%) of the fee amounts for services rendered upon receipt of invoices approved by the Assistant City Manager.

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

City Attorney Lew made a formal statement regarding the recusal of Transportation Director Rich Tree from the Council Chambers. City Attorney Lew also stated that Mr. Tree has gone on record to state that he has zero financial interests in Tree’s Sierra Management, Inc. (dba SM Transit), and that he has refrained from involvement in the procurement process, review of received responses, as well as any negotiations or recommendations pertaining to the contract concerning transit

management, operations, and maintenance for Porterville Transit.

COUNCIL ACTION: MOVED by Council Member Raymond Beltran, SECONDED by Council Member Greg Meister that the City Council approve the Transportation Services Agreement with Tree's Sierra Management, Inc. The motion carried unanimously.

Documentation: M.O. 22-061824
Disposition: Approved.

AB 1234 REPORTS

1. Local Initiatives Navigation Center (LINC) Committee - June 5, 2024 Council Member Beltran provided updates on several items of interest such as the approval of the Minutes, the budget, a Navigation Center Update, and the LINC Services Subcommittee.

2. Eastern Tule Groundwater Sustainability Agency (ETGSA) - June 6, 2024 Council Member Weyhrauch reported on the approval of the Minutes, the ratification of pending bills, and several reports and action items.

3. Tulare County Water Commission - June 10, 2024
Mayor Flores provided updates on the approval of Minutes, a presentation from Environmental Health on Well Construction Ordinance Proposed Changes, a Drought and Project Funding update, and several other reports and Commissioner vacancies. Mayor Flores also stated that she made an announcement to the Commission that she will no longer serve as the TCAG representative and provided the commission with the new representatives who will serve.

4. Flag Day Committee - June 11, 2024
Council Member Meister stated he would cover this report during Other Matters.

5. Local Initiatives Navigation Center (LINC) Committee - June 12, 2024 Council Member Beltran stated he had covered this during his first report.

5. Tulare County Association Of Governments (TCAG)/Tulare County Transportation Authority (TCTA) - June 17, 2024
Mayor Flores asked for this report to be carried to the next council meeting.

ORAL COMMUNICATIONS

• Robert Tree, CEO, of Sierra Management, stated he looks forward to working with the City of Porterville to re-establish transit services in the city and thanked the transit employees for their patience and understanding during the last few months.

OTHER MATTERS
• Council Member Beltran spoke of the Freedom Fest events, the traffic concerns in the area of the Sports Complex during the Freedom Fest Event, and the financial aspects of the many items that are on the agenda.
• Council Member Weyhrauch spoke of his attendance to a recent 8th grade promotion ceremony, a Porterville Unified School District Board Meeting, congratulated GIS Supervisor Rachel Ginsberg and Police Sergeant Oscar Ibarra on their recognitions, and spoke of upcoming events that he will attend.
• Council Member Meister stated staff does a great job at thinking outside of the box, congratulated GIS Supervisor Rachel Ginsberg and Police Sergeant Oscar Ibarra on their recognitions, and spoke of several items that were on the agenda. Council Member Meister also spoke of the traffic concerns surrounding the Sports Complex and thanked Tree Sierra Management for their service to the community.
• Vice Mayor Carrilllo spoke of the budget item that was approved, acknowledged the efforts of Cathy Capone and her wishes of communication between the City and the Tule River Parkway Association, spoke of the many recreation related projects within the City, and expressed her thoughts on no longer being a part of the Tulare County Regional Transit Agency. Vice Mayor Carrillo also spoke the upcoming 4th of July holiday and addressed the concerns of the Nuckols family on traffic in the area of the Sports Complex. • Mayor Flores expressed how proud she is of all who work for the City, spoke of her attendance at the Resident Physicians Graduation Ceremony that was hosted by the Sierra View Medical Center, and spoke of upcoming events that she will be attending. • City Manager Hildreth spoke of the upcoming Summer Night Lights events, Freedom Fest event, and reminded everyone that the City Council Meeting of July 2nd was cancelled.

CLOSED SESSION
None.

ADJOURNMENT
The Council adjourned at 8:42 p.m. to the meeting of July 16, 2024, at 5:30 p.m.

Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
SEAL

Martha A. Flores, Mayor
Item No. 2.

CITY COUNCIL AGENDA – JULY 16, 2024
SUBJECT: Ratification of Emergency Expenditure - AC Unit - Sheriff Department Airport Hanger
SOURCE: Public Works
COMMENT: The AC unit serving the city-owned airport hanger occupied by the Sheriff's Department stopped working properly. Efforts were made to fix and correct the problem to no avail. The equipment is out of warranty, and the cost of repair and replacement parts is equal to the purchase of a new unit.

Staff received the following three proposals from local contractors for immediate repair:

Contractor Cost Response Time
Sam's Air Conditioning & Heating $10,700 7/3/2024
TAM-N-TJ'Z $10,500 7/6/2024
Aircooled Heating & Air Conditioning $9,500 7/8/2024
In order to minimize the disruption in the Sheriff Department's operation at the Airport during the current heatwave, staff requested and received authorization from the Mayor to replace the AC unit as an emergency purchase in accordance with Municipal Code Section 2-38, Emergency Expenditures/Appropriations utilizing Sam's Air Conditioning & Heating as they were immediately available to complete the necessary work. Funding is available from the Airport Operating Fund.

RECOMMENDATION: That the City Council ratify the emergency purchase of an AC unit in the amount of $10,700, plus any applicable sales tax, for the city-owned airport hanger occupied by the Sheriff
Department.

ATTACHMENTS: 1. Sam's Air Conditioning & Heating Quote

2. TAM-N-TJ'Z Quote

3. Aircooled Heating & Air Conditioning Quote

4. Municipal Code 2-38 Emergency
ExpendituresAppropriations
Appropriated/Funded:

Review By:

Item No. 2.

Department Director:

Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager

2-38: EMERGENCY EXPENDITURES/APPROPRIATIONS:

An appropriation and/or expenditure of up to one hundred thousand dollars ($100,000.00) is authorized without additional prior council approval, if: a) the city manager has requested that such an appropriation/expenditure be made; b) the mayor has determined that the circumstances for the request constitute an extraordinary emergency, meaning that there is an immediate need to make such appropriation/expenditure for the preservation of the public peace, health or safety; and c) the city manager notifies the council of the specific appropriation/expenditure in writing. (Ord. 1704 § 1, 10-3-2006)
Item No. 3.

CITY COUNCIL AGENDA – JULY 16, 2024
SUBJECT: Authorization to Replace Police Vehicle
SOURCE: Police
COMMENT:

In June 2024, Unit # 3383, a 2019 Dodge Charger, was involved in a not-atfault on-duty traffic collision. The estimated cost to repair this vehicle was more than the value itself; therefore, the vehicle is considered "totaled" by both the City maintenance shop and body shop professionals. In discussions with the City's Fleet Manager, he did not recommend making repairs of this magnitude to a public safety vehicle.

Department staff requests authorization to purchase a replacement vehicle through Phil Long Dealership under their National Government Fleet Sales Contract. The Department is requesting authorization to purchase this vehicle per Resolution 35-93, which authorizes no-bid purchases through a cooperative purchase program. The Department has identified Phil Long Dealership as a provider of such a program for the desired vehicle, available under The Interlocal Purchasing System Contract #220304. Phil Long Dealership is a current City-authorized vendor and has vehicles available under their National Government Fleet Sales Master Contract #220304. Phil Long Dealership is a turn-key source for police vehicles and has provided a quote of $48,760.00.

This price does not include the upfitting of emergency vehicle equipment.

The vehicle is a new pursuit-rated 2024 Ford Interceptor Explorer model, which the dealership has in stock. It was determined that the Interlocal Purchasing System Contract for the purchase of this Ford Explorer was the best available price and the only known readily available vehicle and is the standard by which many agencies are purchasing their fleet vehicles. This contract price is available to the City.

In addition to the vehicle, department staff are requesting to upfit the vehicle with the necessary emergency equipment and other tools by the County of Tulare IT Radio Communications Center before placing the vehicle into service.

Staff is requesting that the City Council authorize the negotiation for the purchase of the Ford Explorer up to a total cost of $48,760.00, which is based on the Manufacturer’s Suggested Retail Price minus the applicable government discount.

Item No. 3.

The upfit of the vehicle with emergency equipment will be done by the County of Tulare IT Radio Communications Center at a cost of $14,760.84; however, several components may be able to be salvaged from the totaled police unit to reduce the aforementioned cost.

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

The replacement vehicle and related equipment will be funded through the Equipment Replacement Fund.

RECOMMENDATION:

That the City Council:

1. Authorize staff to purchase one police vehicle for $48,760.00; and

2. Authorize payment upon satisfactory delivery of the vehicle.

ATTACHMENTS: 1. 2024 Ford Explorer

2. County IT (Upfit)
Appropriated/Funded: MB
Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, City Manager

Item No. 4.

CITY COUNCIL AGENDA – JULY 16, 2024
SUBJECT: Purchase of Police Vehicles - Special Methods and Resources Team SOURCE: Police
COMMENT: The Special Methods and Resources Team (SMART) has been very effective in responding to persons experiencing homelessness and mental health issues.

SMART has been instrumental in providing services such as temporary and permanent housing, medical resources, mental health resources, and responding to daily criminal complaints. As part of the 2024-2025 budget, the police department was approved to expand this team to include a Police Lieutenant, a Police Sergeant, a Police Officer, and a Community Services Officer.

Included in the budget for expansion of personnel, there were one-time costs such as vehicle purchase(s) and the initial outfitting of equipment for the positions. These vehicles will be for the newly created SMART positions approved in the 2024-2025 budget. These vehicles include three (3) 2024 Chevrolet Silverado Trucks and one (1) 2024 Chevrolet Tahoe. These vehicles will require additional upfit with emergency equipment and will be assigned to SMART.

Staff is requesting that the City Council authorize staff to locate and negotiate for the purchase of the four (4) aforementioned vehicles up to a total cost not to exceed $240,000, which is based on the Manufacturer’s Suggested Retail Price including tax, license, and applicable fees. In addition, the vehicles will need the upfit of necessary emergency equipment including lights, sirens, radios, and other tools required to place the vehicles into service. Due to the unique purchasing parameters requested, staff is further requesting a ten percent (10%) contingency for the total purchase and equipping of the vehicles based on the current economic market with regard to new and used vehicles.

The department is also requesting to purchase four (4) police vehicle radios for each of these new vehicles. The police vehicle radios are to be purchased through its sole provider, J’s Communications. The department radios are all Motorola and Motorola Solutions requires agencies to go through the area provider for purchase. J’s Communications is the area provider and provides all the department's vehicles and handheld radios, and additionally has a current County of Los Angeles contract. A quote for four (4) police vehicle radios is attached. The total cost for these police vehicle radios is $22,216.62.

With these vehicle purchases, a total of four (4) Dell tablets Mobile Data Terminals (MDT’s) and associated equipment and software will need to be purchased. The MDT’s allow personnel to conduct necessary inquiries in the Item No. 4.
field, as well as keep themselves and others updated on current incidents in progress and allow the transmission of required information between field units and the Communications Center. These MDT’s are to be purchased from the City vendor for Dell computers. A quote with the associated cost for four (4) MDT’s is attached. The cost for four (4) Dell Latitude 7230 Rugged and related hardware/software is $15,462.40.

The upfit of the new vehicles will be done by County of Tulare IT Radio Comm. Quotes with the associated cost of the units are attached. The cost for the unfitting of the four (4) vehicles is $39,867.62.

These vehicles and related equipment were approved in the 2024-2025 budget to be funded through the Police Department's Measure "I" budget.

RECOMMENDATION: That the City Council;

1. Authorize staff to locate and negotiate for the purchase of three (3) 2024 Chevrolet Silverado Trucks and one (1) 2024 Chevrolet Tahoe up to a total cost not to exceed $240,000, which is based on the Manufacturer’s Suggested Retail Price plus tax, license, and applicable fees, as well as upfit of emergency equipment. Due to the unique purchasing parameters requested, staff is further requesting a ten percent (10%) contingency for the total purchase; and

2. Authorize Department staff to negotiate the purchase of four (4) APX 6500 unit radios from J's Communications for
$22,216.62; and

3. Authorize Department staff to negotiate the purchase of four (4) Dell Latitude 7230 tablet MDT's from Dell for $15,462.40; and

4. Authorize Department staff to negotiate the upfit of the new vehicles by County of Tulare IT Radio Comm. for $39,867.62; and

5. Authorize payment to respective vendors upon receipt of listed equipment.

ATTACHMENTS: 1. MDTs

2. Radios

3. Upfit Silverados

4. Upfit Tahoe
Appropriated/Funded:

Review By:

Department Director:

Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, City Manager
Item No. 4.

Stock Code Description Quantity Price Extended
1 County of Tulare IT Radio Comm.
5957 S. Mooney Blvd Ste. 2270
Visalia, CA 93277
559-622-7150 Fax: 559-737-4552
Service Quote #: 20251002
Page:

Ship To:

Cust PO:

Reference:

Service Rep: Status:

Chevy trucks

BBOUDAKIAN
Porterville, Police Department
350 N. "D" St.

Porterville, Ca 93257
Phone: 559-782-7404
7/3/2024
Manufacturer:

Model:

Serial Number:

Alternate ID:

Mileage:

OPEN
Quoted:

Valid Through: 8/2/2024
Job # Indications/Work Performed
Alternate Phone: Terms:
1 Technician: BBOUDAKIAN install radio and code 3 in 2024 chevy truck PATROL STYLE with partition 382/C-ARM-104 Trak mounted armrest, for Havis Console 1.00 177.10 177.10 382/C-HDM-214 pole for console 1.00 140.80 140.80
382/C-MD-112 computer mounting 1.00 282.54 282.54
382/C-VSW-2600-SILV 2025 chevy truck console with face-plates 1.00 702.90 702.90 382/CUP2-1001 Dual cup holder for console. 1.00 45.38 45.38 382/DS-DELL-607-2 dell - dock 1.00 651.20 651.20
382/LPS-138 dell dock power supply 1.00 212.30 212.30
5601 Miniaturized Power Tamer 30 amp. 1.00 98.95 98.95
825/1K0576CHT191500setina 2025 chevy truck partition 1.00 953.70 953.70 825/BK1001CHT2215002024 chevy truck setina push bumper 1.00 1,092.30 1,092.30 974/BSFW49X*DUO whelen inner edge for 2025 silverado 1.00 1,351.35 1,351.35 974/BSRW10*DUO whelen rear inner edge 2025 chevy truck 1.00 1,351.35 1,351.35 974/CCSRNT5*CANCTLCarbide Siren w/canport + CANCTL7 control 1.00 934.45 934.45 ES100*U BILL USING 324/ES100C AND 324/ESB-U 1.00 175.95 175.95 MBD NMO coax assembly w/17' teflon coax - no 1.00 30.49 30.49 QWB450 Quarter wave antenna - Black 1.00 13.11 13.11
REL-50 Bosch Relay 50AMP, 5 Pole 3.00 3.85 11.55
RFU600-1 Mini UHF male connector for RG58AU / 1.00 1.90 1.90 LABOR 60.00 105.00 6,300.00
2 Technician: BBOUDAKIAN Install radio and code 3 equipment in chevy truck. (no partition) PATROL 382/C-ARM-104 Trak mounted armrest, for Havis Console 1.00 177.10 177.10 382/C-HDM-214 pole for console 1.00 140.80 140.80
382/C-MD-112 computer mounting 1.00 282.54 282.54
382/C-VSW-2600-SILV 2025 chevy truck console with face-plates 1.00 702.90 702.90 382/CUP2-1001 Dual cup holder for console. 1.00 45.38 45.38 382/DS-DELL-607-2 dell - dock 1.00 651.20 651.20
382/LPS-138 dell dock power supply 1.00 212.30 212.30
5601 Miniaturized Power Tamer 30 amp. 1.00 98.95 98.95
974/BSFW49X*DUO whelen inner edge for 2025 silverado 1.00 1,351.35 1,351.35 974/BSRW10*DUO whelen rear inner edge 2025 chevy truck 1.00 1,351.35 1,351.35 974/CCSRNT5*CANCTLCarbide Siren w/canport + CANCTL7 control 1.00 934.45 934.45 974/VTX609B Blue LED light head, Super LED, single self 1.00 91.25 91.25 974/VTX609C Clear LED light head, Super LED, single self 2.00 76.95 153.90 974/VTX609R Red LED light head, Super LED, single self 1.00 76.95 76.95 ES100*U BILL USING 324/ES100C AND 324/ESB-U 1.00 175.95 175.95 MBD NMO coax assembly w/17' teflon coax - no 1.00 30.49 30.49 LABOR 25.00 105.00 2,625.00
Stock Code Description Quantity Price Extended
2 County of Tulare IT Radio Comm.
5957 S. Mooney Blvd Ste. 2270
Visalia, CA 93277
559-622-7150 Fax: 559-737-4552
Service Quote #: 20251002
Page:

Ship To:

Cust PO:

Reference:

Service Rep: Status:

Chevy trucks

BBOUDAKIAN
Porterville, Police Department
350 N. "D" St.

Porterville, Ca 93257
Phone: 559-782-7404
7/3/2024
Manufacturer:

Model:

Serial Number:

Alternate ID:

Mileage:

OPEN
Quoted:

Valid Through: 8/2/2024
Job # Indications/Work Performed
Alternate Phone: Terms:

QWB450 Quarter wave antenna - Black 1.00 13.11 13.11
RFU600-1 Mini UHF male connector for RG58AU / 1.00 1.90 1.90 3 Technician: BBOUDAKIAN install radio and amber light-bar equipment in 2024 chevy truck. (no cage) 382/C-ARM-104 Trak mounted armrest, for Havis Console 1.00 177.10 177.10 382/C-HDM-214 pole for console 1.00 140.80 140.80
382/C-MD-112 computer mounting 1.00 282.54 282.54
382/C-VSW-2600-SILV 2025 chevy truck console with face-plates 1.00 702.90 702.90 382/DS-DELL-607-2 dell - dock 1.00 651.20 651.20
382/LPS-138 dell dock power supply 1.00 212.30 212.30
5601 Miniaturized Power Tamer 30 amp. 1.00 98.95 98.95
75205 Amber ON/OFF lighted round rocker switch. 3.00 7.65 22.95 974/IW2AAAA*LED all amber 1.00 1,581.39 1,581.39
MBD NMO coax assembly w/17' teflon coax - no 1.00 30.49 30.49 QWB450 Quarter wave antenna - Black 1.00 13.11 13.11
REL-50 Bosch Relay 50AMP, 5 Pole 1.00 3.85 3.85
RFU600-1 Mini UHF male connector for RG58AU / 1.00 1.90 1.90 LABOR 32.00 105.00 3,360.00

0.00 Tax:

Shipping:

Total: 32,657.96

0.00 1,584.29
SubTotal: 31,073.67
Total Parts: Total Labor: Total Sublet: Total Disposal:

Pickup/Delivery: Service Call: 0.00
8,227.32 6,300.00 50.00 0.00
Stock Code Description Quantity Price Extended
1 County of Tulare IT Radio Comm.
5957 S. Mooney Blvd Ste. 2270
Visalia, CA 93277
559-622-7150 Fax: 559-737-4552
Service Quote #: 20251001
Page:

Ship To:

Cust PO:

Reference:

Service Rep: Status:

ADMIN Tahoe

BBOUDAKIAN
Porterville, Police Department
350 N. "D" St.

Porterville, Ca 93257
Phone: 559-782-7404
7/2/2024
Manufacturer:

Model:

Serial Number:

Alternate ID:

Mileage:

OPEN
Quoted:

Valid Through: 8/1/2024
Job # Indications/Work Performed
Alternate Phone: Terms:
1 Technician: BBOUDAKIAN install radio and code 3 equipment "ADMIN" style in new Tahoe This is an estimate - hours and parts may very slightly 5601 Miniaturized Power Tamer 30 amp. 1.00 98.95 98.95
75205 Amber ON/OFF lighted round rocker switch. 3.00 7.65 22.95 974/MCRNSCX Surface mount MICRON white smoke lens. 1.00 125.95 125.95 974/MCRNSRX Surface mountMICRON red smoke lens. 1.00 125.95 125.95 974/SFIONJ Spitfire ION light Red/Blue 3.00 133.10 399.30 974/SFIONM Spitfire ION dash light amber/blue. 1.00 133.10 133.10 974/VTX609B Blue LED light head, Super LED, single self 1.00 91.25 91.25 974/VTX609C Clear LED light head, Super LED, single self 2.00 76.95 153.90 974/VTX609R Red LED light head, Super LED, single self 1.00 76.95 76.95 974/WPA112 100 watt siren amplifier waterproof 1.00 314.60 314.60 ES100*U BILL USING 324/ES100C AND 324/ESB-U 1.00 175.95 175.95 MBD NMO coax assembly w/17' teflon coax - no 1.00 30.49 30.49 PMUN1034F 03 Control Head for XTL5000 O3 1.00 1,166.26 1,166.26 REL-50 Bosch Relay 50AMP, 5 Pole 1.00 3.85 3.85
RFU600-1 Mini UHF male connector for RG58AU / 1.00 1.90 1.90 LABOR 38.00 105.00 3,990.00

0.00 Tax:

Shipping:

Total: 7,209.66

0.00 248.31
SubTotal: 6,961.35
Total Parts: Total Labor: Total Sublet: Total Disposal:

Pickup/Delivery: Service Call: 0.00
2,921.35 3,990.00 50.00 0.00
Item No. 5.

CITY COUNCIL AGENDA – JULY 16, 2024
SUBJECT: Authorization to Purchase Specialized Equipment - Ammonia/TKN Analyzer SOURCE: Public Works
COMMENT: The City of Porterville Laboratory performs Ammonia and Total Kjeldahl Nitrogen (NH3/TKN) compliance testing for the Wastewater Treatment Facility. The current NH3/TKN analyzer was purchased in 2002 and is obsolete as the software is outdated and is no longer supported by the manufacturer.

Laboratory staff contacted three (3) vendors for quotes to purchase, install, and provide training for a new NH3/TKN analyzer. The quotes are as follows:

Xylem Inc./EZKem $37,814.86
Skalar, Inc. $47,165.00
KMP Analytics $69,321.84
Xylem Inc. submitted the lowest quote, therefore, securing a contract for the purchase of the analyzer. The installation and training for the new analyzer will be provided by EZKem. The expenditure for the purchase, in the amount not to exceed $41,596.35, which includes an analyzer, installation, training, taxes, freight, and a ten percent (10%) contingency, will be funded from the Laboratory Equipment Replacement Fund.

RECOMMENDATION: That the City Council:

1. Approve the purchase of an analyzer from Xylem Inc.& EZKem for an amount not to exceed $41,596.35, which includes the analyzer, installation, training, taxes, freight, and a ten percent (10%) contingency;

2. Direct the Finance Director to initiate a Purchase Order to Xylem Inc.& EZKem for an amount not to exceed $41,596.35, which includes the analyzer, installation, training, taxes, freight, and a ten percent (10%) contingency; and

3. Direct the Finance Director to make payment to Xylem Inc.& EZKem upon receipt of an invoice approved by the Public Works Director.

ATTACHMENTS: 1. Xylem_EZKem

2. Skalar Ammonia-TKN Analyzer Quote

3. KPM Futura Quote 6-21-24
Appropriated/Funded:

Item No. 5.

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
Quote Number:

Quote Created:

Quote Expiration Date:

B234421
2023 Oct 27
2024 Jul 18
Quote Prepared For:

Caroline Thomason
Porterville of City
291 North Main Street
Porterville, CA 93257
(559) 782-7499
[email protected]
Prepared by:  Craig Storms
Cell Phone:    +1 7604848069
Email:             [email protected]
NOTICE:

The following pricing is proprietary and confidential information.  Neither this document nor its contents may be revealed or disclosed to unauthorized persons or sent outside the institution without prior permission from Xylem Inc.

Proposal Summary
# Part Number Description List Price
USD
Discount Net Price
USD
Qty Ext. Price
USD
1 330113
MODEL- FS3700 Analyzer w/24-channel pump
$20,664.00  30.00% $14,464.80  1  $14,464.80
2 330964
3180 Autosampler, 180 position, XYZ (no kit)
$9,401.70  25.00% $7,051.27  1  $7,051.27
3 330109
CHANNEL-3700 Ammonia/TKN by gas diffusion
(USEPA 351.2) - SFA
$13,747.70  30.00% $9,623.39  1  $9,623.39
4 Sales Tax  Sales Tax and 9.25%  $2,880.40  0.0% $2,880.40  1 $2,880.40 5 Shipping  FedEx Ground Shipping  $300.00  0.0% $300.00  1 $300.00 Subtotal $34,319.86
Total List Price  $46,993.80
-   Total Line Item Discount
- Bottom Line Discount
$12,673.94

0.00 %
Grand Total (in USD ) $34,319.86
Terms
FOB
Net 30
Origin
This order is subject to the Standard Terms and Conditions of Sale - Xylem Americas effective on the date the order is accepted which terms are available at https://www.xylem.com/en-us/support/xylem-americas-standard-terms-and-conditions/ and incorporated herin by reference and made a part of the agreement between parties.

Quote #:  B234421
Expires:   2024 Jul 18

YSI Inc., Payment Remittance Instructions
including OI Analytical, Bellingham+Stanley, Gerhardt, and Global Water Credit Card and Purchase Orders (reference or include quote B234421) YSI Incorporated by Phone:  (937) 767-7241 (Option 3)
by EMail:    [email protected]
by Fax:       (937) 767-1058
by Mail:       YSI Incorporated
Attn: Order Entry
1725 Brannum Lane
Yellow Springs, OH  45387
• Please make PO out to YSI Incorporated at the address above (Xylem is the parent company and we do business as YSI Incorporated.
• All purchase orders should be accompanied with a copy of this quote or clearly reference the quotation number. • All purchase orders should have a complete billing and complete shipping address on the purchase order. • For order acknowledgement please provide email address to send updates on order.

EMail_Address
• Taxes and tariffs are additional and are not included in the above pricing unless explicitly stated as a line item. • Shipping charges are additional and are not included in the above pricing unless explicitly stated as a line item. • Tax Exempt customers must include their Tax ID on their purchase order. Proof of Tax Exemption status may be required.
• Please notify [email protected] if you plan to pay with a check without a PO or Credit Card.

Payment Remit Address for quote B234421
YSI Incorporated
Tax ID: 31-0526418
DUNS# 00-424-6716
by Check (Drawn on US Banks Only)
YSI Inc
26717 Network Place
Chicago, IL  60673-1267
Account Numb: 20000011127562
Account Name: YSI Inc.
by ACH (with Addenda Record), Wire or SWIFT
JPMorgan Chase Bank, N.A.
1 Chase Manhattan
New York, NY  10005
Account Numb: 20000011127562
Wire Routing #: 021000021
ACH Routing #: 028000024
SWIFT BIC: CHASUS33
NOTE: Customer is responsible for all wire, banking and credit card processing fees.  In order to avoid delays in payment processing, please ensure that the remittance advice includes the following:

Quote #:  B234421
Expires:   2024 Jul 18

• Invoice number
• Invoice date
• Invoice amount
Quote #:  B234421
Expires:   2024 Jul 18

QUOTE
Date
4/23/2024
Quote #
4852
Bill To
City of Porterville
Accounts Payable
291 N. Main St.

Porterville, CA 93257
Ship To
City of Porterville
Caroline Thomason
1265 W. Grand Avenue
Porterville, CA 93257
1045 Cannon Drive
Hood River, OR
97031
P.O. No. Terms Net 30
Subtotal
Sales Tax (9.5%)
(541) 387-0343 • www.ezkem.com • [email protected]
Total
Item Description Qty U/M Cost Total
EZkem Service V... EZkem Service Visit: 2-3 days onsite Installation, Training and Validation of FS3700 System configured for NH3/TKN via Gas Diffusion
1 3,495.00 3,495.00
$3,495.00
$3,495.00
$0.00
1 of 6
May 24, 2024
Ms. Caroline Thomason
City of Porterville-Laboratory
291 N. Main St
Porterville CA 93257
Skalar SANcompact automated analyzer for the analysis of two chemistry manifolds simultaneously:

Ammonia/TKN (EPA 350.1/351.2)
No. Part Number Description Unit Price Qty Amount (US$) 1 1100-01 Random Access carousel sampler: 50 sample cup positions of 1.5, 3.5 or 8.5 mL. User defined digital
sampling, wash and air timing with built-in
audio/visual alarms and rinsing pump unit. Sample
cup volumes of 1.5 , 3.5, and 8.5 mL (single row)
• Voltage: 100-120V / 220-240V
• Dimensions (h x d x w): 220 x 360 x 470 mm
7940 1 7,940
2 2SAN39100 SAN++ Compact Module Holder with integrated electronics (excludes PC)
Consists of:
• Proportioning pump 1 x 21 channel with single
pump deck & Stainless steel pump rollers 1 x 10
• High precision 24 V DC motor
• Built-in 10 channel high precision air injector with
air supply pump, pressure regulator for air
segmentation and inlet for supply of external
inert segmentation gas
• Module holder with positions for up to three (3)
chemistry modules and integrated LCD
touchscreen for control of analyzer functions
(pump speed, reactor temperatures etc.)
20020 1 20,020
Quotation
No: S052424M01
5012 Bristol Industrial Way #107, Buford, Georgia 30518 SKALAR, Inc. Tel: 1-800-782-4994 / (770) 416-6717 Fax: (770) 416-6718 2 of 6
• Multi-speed pump (off/standby/analyze/rinse)
function controlled via integrated touch screen
and/or FlowAccess V3 software
• Automatic pump pulsing during instrument
downtime for extended pump tube lifetime
• Three (3) separate glass waste receptacles
selectable per chemistry module
• Housing in compliance with CE and CSA
regulations
• Compatible with chemistry application modules
of former San+ and San++ models
• Compatible with all current Skalar samplers
• Power consumption 700 VA max
• Software FlowAccessV3 communication by TCP/IP
• Connection peripherals via integrated CAN BUS
hub and Multi-zone leak detection
• Voltage: 100-120V / 220-240V
• Dimensions (h x d x w): 335 x 340 x 837 mm
3 M155350.1R Manifold for Ammonia/TKN. EPA Method Numbers 350.1/351.2. Includes reactor and in-line gas
diffusion/distillation. TKN samples require offline
digestion
2880 1 2,880
4 6435 Flow Cell. Tube shape, 50 mm 780 1 780
5 6565 Filter. 660nm 370 1 370
6 26200904 Digital dual channel detector (2-channels) with CAN connector
6430 1 6,430
7 SA INST-03Three (3) day installation and training 3100 1 3,100 8 SA KIT-01Analyzer start-up kit (spare parts and consumables for one year of operation)
1000 1 1,000
9 SA SHIP-01 Shipping and insurance to customer’s site 1000 1 1,000 10 TX-01 Estimated local tax 36451 3,645
$47,165
3 of 6
Optional:

Option 1.

Computer system and printer:

SA COMP-01 Computer System: Dell Optiplex, Intel processor, Windows 11 Pro, 8Gb RAM, 500Gb Hard drive, DVD-rom drive and 17" LCD monitor
$1,750
SA PRINT-01 Printer: Dell Laser Jet 1110 or equivalent $250 Option 2.

Larger Capacity Autosampler with auto-diluter capabilities (replaces item #1 in body of quotation):

SA 1050-01 SA1050 Random Access Sampler: Four removable racks with 35 positions each for 3.5 or 10 mL sample tubes. Total sample amount 140 tubes. Glass rinsing vessel and four channel built-in rinse pump
$15,780
21050312 Auto-Diluter Station: Automated pre and post dilutions along with working standard creation from stock solution
$7,530
Option 3.

Service agreement:

SC-SAN1P1E 12-month Service contract: Effective upon expiration of 12 month warranty. The contract includes one on-site PM visit and one emergency repair visit. Includes all travel expenses, labor and loaner charges. Excludes parts/consumables and shipping $3,995
4 of 6
Terms and Conditions:

Prices: Prices quoted are in US Dollars, and valid for 60 days from date of issue of quotation. Includes estimated applicable sales taxes @ 9.25%.

F.O.B.: Customer’s site
Delivery: 90 days after receipt of order
Shipment: Shipment will be made by air freight or ground Insurance: Included
Terms: Net 30.

Warranty: Skalar, Inc. offers the purchaser a full one year warranty on parts and labor resulting from faulty workmanship in manufacture from the date of receipt of the merchandise. Subject to the following exception(s): glassware breakage and/or consumable products. Brokerage and transportation costs for the replacement parts replaced under the warranty are to the client's account. Skalar, Inc. will not be responsible for damage to the system or for performance outside specifications related to the use of parts and accessories provided by any third party.

Installation & Training of Skalar Instruments: The price of installation/training is included in this quotation. Prior to installation, a list of unfurnished chemicals, specialty gases and power requirements will be supplied by customer. The customer must supply a list of their location safety, security, and/or other requirements. If power supply is not stable at the facility, an Uninterrupted Power Supply (UPS) unit is required (not included).

Service: Skalar, Inc. provides trained Service Engineers and maintains a stock of spare parts and expendable supplies for this equipment at:
• Skalar Headquarters: Buford, Georgia
• Skalar West Coast: Salt Lake City, Utah
• Skalar Mid West: Dallas, Texas
• Skalar North East: Buffalo, New York
5 of 6

ITEMIZED SPECIFICATIONS
Item & Picture Description
1100 SAMPLER, RANDOM ACCESS, PC Controlled, 100 sampling positions.

Specifications:
• Standard Cupplate Configuration:
o 1 x 50 positions for 3.5 or 8.5 ml. sample cups.
o or 1 x 100 positions for 3.5 ml. sample cups. (see item 2) o or dual sample pick-up 2 x 50 positions for 3.5 ml. sample cups. (see option II)
• Single rotary removable sample tray with dustcover
• Sample uptake with single St St sample needle.
• Random access.
• 4 channel build-in rinsing pump for supply of 1 or 2 independent rinsing liquids. • LED indication for power on/off, busy, error.
• Built-in audiovisual status indication a.o. last sample pick-up indication. • Requires Skalar FlowAccess® Windows™ software and interface. • Power consumption: max. 50VA.
• Dimensions(HxDxW): 22x36x47cm.
• Weight: 6 kg.
2SAN39100 SAN++ COMPACT MODULE HOLDER WITH INTEGRATED ELECTRONICS EXCLUDING PC Consists of:
• Proportioning pump 1 x 21 channel with single pump deck • Stainless steel pump rollers 1 x 10
• High precision 24 V DC motor
• Built-in 10 channel high precision air injector with air supply pump, pressure regulator for air segmentation and inlet for supply of external inert segmentation gas • Module holder with positions for up to three (3) chemistry modules • Integrated in-line distillation, dialysis and digestion units • Integrated LCD touchscreen for control of basic analyzer functions (pump speed, reactor temperatures etc.)
• Multi-speed pump (off/standby/analyze/rinse) function controlled via integrated touch screen and/or FlowAccess V3 software
• Automatic pump pulsing during instrument downtime for extended pump tube lifetime • Three (3) separate glass waste receptacles selectable per chemistry module • Housing in compliance with CE and CSA regulations
• Compatible with chemistry application modules of former San+ and San++ models • Compatible with all current Skalar samplers
• Power consumption 700 VA max
• Software FlowAccessV3 communication by TCP/IP
• Connection to all peripherals via integrated CAN BUS hub • Multi-zone leak detection functionality as standard
• Voltage: 100-120V / 220-240V
• Left or right installation direction
• Dimensions (h x d x w): 335 x 340 x 837 mm, approx.
• Skalar FlowAccess V4 included for full system control and automatic data acquisition & handling
26200904 DUAL CHANNEL DIGITAL DETECTOR-CAN CONNECTION.

Consist of a photometer head with insert board and cable.

Specifications:
• Wavelength selection by insert of interference filters. 6 of 6
• Wavelength range 340 – 1050 nm.
• Accommodation for 2 flow cells of 5 up to 50 mm path length each. • Software controlled automatic baseline and peak height settings. • Software controlled lamp switching on/off.
• 20 bits high resolution absorption recording.
• Detection range up to 6.5 AU.
• Signal / noise ratio < 0.0003 AU.
1050 SAMPLER, RANDOM ACCESS, Computer Controlled, 140 sample positions.

Specifications:
• 4 removable racks with 35 sample positions each, for 3.5 ml sample cups or 10 ml sample tubes.
• Total sample amount: 140 samples.
• RØZ full random access capabilities.
• 11 positions with 35ml containers for supply of calibrants, QC's. • 9 separate positions for 10ml tubes for working standards. • 4 channel build-in rinsing pump.
• User selectable pump tube sizes for required rinsing liquid volume. • Supply of 1 rinsing liquid.
• Glass rinsing vessel with continues liquid level and 2 waste outlets for self-cleaning. • Sample uptake with single St St sample needle.
• Automatic pre and post dilutions of samples (requires optional Diluter Station 21050311).
• Automatic preparation of working standard solutions for chemistry calibration (requires optional Diluter Station 21050311).
• Requires Skalar FlowAccess V3™ software and interface. • Power consumption: 80 VA.
• Dimensions (HxDxW): 55x60x50cm.
• Weight: 20 kg.
21050312 DILUTER STATION SINGLE, to be built in for sampler types 1050 and 1053.

Specifications:
• 10 ml volume syringe with PTFE plunger.
• Diluter flush vessel 50 ml, including waste tubing.
• Teflon tubing for liquids supply.
• Teflon valve for automatic selection of sample pickup or dispense liquid. • Valve for automatic selection of sampling or diluting. • Resolution of the diluter is 6000 steps.
• Maximum dispense volume 10 ml per diluting cycle.
• Dilution volumes user selectable in Skalar FlowAccess V3™ Windows™ based software. • Built in unit for Sampler 1050 and 1053*
• Power consumption: 40 VA.
• Weight: 2 kg.

Quotation
Date Quote Number
Customer Name Quote Expiration
Customer Email Shipping Incoterms
Company Name Payment Terms
Lead Time
Sales Person Name
Email
Country Phone
Note
Item Part # Order Qty Unit Price Ext. Price
1 FA17979 2 $16,845.63 $33,691.27
2 FA17588 1 $326.66 $326.66
3 FA10806 1 $14,257.94 $14,257.94
FA10308 0 $8,070.53
4 FA13620 1 $4,714.22 $4,714.22
5 FC12523 1 $52.24 $52.24
6 FA12889 1 $4,944.80 $4,944.80
7 FA13621 1 $4,983.23 $4,983.23
$62,970.36
-$3,148.52
8 Installation & Training $8,500.00
9 Freight $1,000.00
Total Invoice (USD) $69,321.84
Sub Total
Discount
Ask about our PM service contract
Up to 3 days Commissioning and Training performed by Certified Service team Shipping Charge to be added separately
Leak Detector recommended one per console
XYZ 240/360 Position Sampler (alt# SAMPLER XYZ)
Auto dilutor Works for XYZ 240/360 sampler (alt# N01071) Kit for one channel, including CFM V3 software, connection cable, power supply and a starting kit (alt# KIT-FUT1) 10 ML TUBE *500 (alt# ALL.TUBE.10)
Macroflow manifold with 50mm flow cell for testing Ammonia in Waste Water in 0-40 mg/l N, standard low temp heating bath, Dialyser 6" (alt# W-E3-18-MF AMS A)
Kit for 2 channels, including CFM V3 software, connection cable, power supply and a starting kit (alt# KIT-FUT2) Optional Accessories, Options, and Consumables below (not included if quantity is 0) [email protected] EXW – Ex Works
City of Porterville Laboratory Net 30 days Upon Credit Approval Shipping Address 1265 West Grand Avenue Typical 12-15 weeks after customer sign off Joey Pierce
[email protected]
United States 508-948-8231
Description
Futura console with Automatic Valve
allowing automatic shut-down and restart of the console including release of the pressure on the pump tube & including a 3 speed Pump and a color screen (alt# FUTURA 3+)
Caroline Thomason 9/19/2024
6/21/2024 KPMA-024307
8 Technology Drive, Westborough, MA, 01581, USA
Quotation

11. EXPORT/IMPORT: Buyer agrees to comply with all applicable import and export control laws, regulations, orders and requirements, including without limitation those of the United States and European Union, and the jurisdictions in which the Seller and Buyer are established or from which items may be supplied. Notification of destination and end user is required of all products scheduled for overseas shipment.

12. GENERAL PROVISIONS: (a) Buyer shall not assign its rights or obligations under the Agreement without Seller’s prior written consent. Any attempted assignment without such consent shall be void. Subject to the foregoing, the Agreement will be binding upon and inure to the benefit of the parties and their respective successors and assigns. (b) There are no understandings, agreements or representations, express or implied, not specified in the Agreement. (c) No action regardless of form, arising out of transactions under the Agreement, may be brought by either party more than two (2) years after the cause of action has accrued. (d) Any modification of these terms and conditions must be set forth in a written document signed by a duly authorized representative of Seller. (e) The Agreement is formed and shall be construed, performed and enforced under the laws of the Commonwealth of Massachusetts, without regard to its choice of laws provisions. Buyer and Seller agree that the exclusive proper venue for all actions arising under the Agreement shall be only in Boston, Massachusetts, USA. (f) UNLESS OTHERWISE SPECIFICALLY PROVIDED IN SELLER’S QUOTATION, GOODS AND SERVICES HEREUNDER ARE NOT INTENDED FOR USE IN ANY NUCLEAR OR NUCLEAR RELATED APPLICATIONS. Buyer (i) accepts Goods and Services in accordance with the restriction set forth in the immediately preceding sentence, (ii) agrees to communicate such restriction in writing to any and all subsequent purchasers or users and (iii) agrees to defend, indemnify and hold harmless Seller from any and all claims, losses, liabilities, suits, judgments and damages, including incidental and consequential damages, arising from the use of Goods and Services in any nuclear or nuclear related applications, whether the cause of actions be based in tort, contract or otherwise, including allegations that the Seller’s liability is based on negligence or strict liability. (g) The 1980 United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. (h) If any provision of the Agreement is invalid under any statute of rule of law, such provision, to that extent only, shall be deemed to be omitted without affecting the validity of the remainder of the Agreement. (i) Unless otherwise separately expressly agreed to in writing by Seller, Seller specifically objects to the application of any Federal Acquisition Regulation (“FAR”) or other governmental procurement provision or clause to the Agreement. (j) The rights, remedies and protections afforded to Seller under this Agreement, including but not limited to indemnification of Seller, limitation of remedy and liability and limited warranty shall extend to Seller and to its affiliates, subsidiaries or related companies performing or supplying work, services or products under this Agreement or any agreement into which it is incorporated by reference. (k) Seller does not agree to: (i) indemnify Buyer; or (ii) name Buyer as an additional insured.

13. HIRING OF EMPLOYEES: Buyer agrees that during the execution of Services by Seller and for a period of twelve (12) months after the performance of Services, it will not hire any employee(s) of Seller and will not entice or counsel any such employee(s) to leave Seller’s employ. Buyer agrees that this covenant shall extend to its agents and affiliates. In the event that an employee of Seller is hired or leaves the employ of Seller in such circumstances, Buyer shall pay Seller, as compensation for the cost incurred by Seller in recruiting and training the employee, the sum equivalent to six (6) months pay for each employee hired from or leaving the employment of Seller.

14. BUYER RESPONSIBILITIES: Buyer shall provide Seller ready access to the site where services are to be performed and adequate workspace and facilities to perform same as provided in these terms and conditions. Buyer shall not require Seller or its employees, as a condition to site access or otherwise, to further agree or enter into any agreement, which waives, releases, indemnifies or otherwise limits or expands any rights or obligations whatsoever. Any such agreements shall be null and void. Buyer shall inform Seller, in writing, at the time of order placement, of any known hazardous substance or condition at the site, including, but not limited to, the presence of asbestos or asbestos containing materials, and shall provide Seller with any applicable Material Data Safety Sheets regarding same. Buyer shall appoint a representative familiar with the site and the nature of the services to be performed by Seller to be present at all times that Seller personnel are at the site. Seller shall not be liable for any expenses incurred by Buyer in removing, replacing or refurbishing any Buyer equipment or any part of Buyer’s building structure that restricts Seller access. Buyer personnel shall cooperate with and provide all necessary assistance to Seller. Seller shall not be liable or responsible for any work performed by Buyer.

15. RESTRICTIONS ON RESALE: Goods are sold hereunder for Buyer’s use or resale to customers of Buyer that are not in the business of reselling the Goods. Buyer is not authorized to appoint any distributors or resellers of the Goods.

10. BUYER SUPPLIED DATA: To the extent that Seller has relied upon any data or information supplied by Buyer to Seller (Data) in the selection or design of the Goods and/or provision of the Services and the preparation of Seller’s quotation, and the Data is inadequate or inaccurate, any warranties or other provisions contained herein which are affected by such conditions shall be null and void.

TERMS AND CONDITIONS OF SALE
These terms and conditions, the attendant quotation or acknowledgement provided by KPM Analytics North America Corporation, hereinafter Seller, and all Seller documents incorporated by reference therein, binds Seller, and the buyer, hereinafter Buyer, and constitutes the entire agreement (Agreement) between Buyer and Seller for the provision of services (Services) and/or the sale of goods (Goods) including software and firmware incorporated therein or included therewith.

Additional or different terms in any written communication from Buyer (such as a purchase order) are void. No provision of any purchase order or other business form employed by Buyer will supersede the terms and conditions of this Agreement, and any such document relating to this Agreement shall be for administrative purposes only and shall have no legal effect.

1. PRICES: Unless otherwise specified by Seller, Seller’s price for the Goods and/or Services shall remain in effect for thirty (30) days after the date of Seller’s quotation or acceptance of the order for the Goods/Services, whichever is delivered first, provided an unconditional, complete authorization for the immediate manufacture and shipment of the Goods and/or provision of Services pursuant to Seller’s standard order processing procedures is received and accepted by Seller within such time period. If such authorization is not received by Seller within such thirty (30) day period, Seller shall have the right to change the price for the Goods/Services to Seller’s price in effect for the Goods/Services at the time the order is released to final manufacture. Prices for Goods do not cover storing, installing, starting up or maintaining Goods unless expressly stated in Seller’s quotation. Notwithstanding the foregoing, the price for Goods/Services sold by Seller, but manufactured by others, shall be Seller’s price in effect at the time of shipment to Buyer.

2. DELIVERY, ORDER ACCEPTANCE AND DOCUMENTATION: All shipping dates are approximate and are based upon Seller’s prompt receipt of all necessary information from Buyer to properly process the order. Unless agreed to in advance and documented in Seller’s Sales Order Acknowledgement to Buyer, Seller may ship at any point prior to the ship date provided in Seller’s Sales Order Acknowledgement. If Seller determines that it is unable, for any reason, to ship Buyer’s complete requirements of any Goods by the requested shipping dates, Seller may release a partial shipment to Buyer. Notwithstanding any provisions to the contrary in this or other documents related to this transaction, and regardless of how price was quoted, whether FOB, FAS,CIF or otherwise, legal title to the Goods and risk of loss thereto shall transfer to Buyer upon delivery to the freight carrier at the shipping point. Seller shall provide Buyer with that data/documentation which is specifically identified in the quotation. If additional copies of data/documentation or non-standard data/documentation are to be provided by the Seller, they shall be provided to Buyer at Seller’s price then in effect. Data/documentation marked as confidential or proprietary may not be reproduced by Buyer or used by Buyer for any purpose other than the purpose for which it was provided and may not be disclosed by Buyer to third parties without the prior written permission of Seller.

3. EXCUSE OF PERFORMANCE: Seller shall not be liable for delays in performance or for non-performance due to failure or interruption of computer or telecommunication systems, acts of God, war, riot, fire, terrorism, labor trouble, unavailability of materials or components, explosion, accident, compliance with governmental requests, laws, regulations, orders or actions, or other unforeseen circumstances or causes beyond Seller’s reasonable control. In the event of such delay, the time for performance or delivery shall be extended by a period of time reasonably necessary to overcome the effect of the delay.

4. CHANGES, TERMINATION AND SUSPENSION: Buyer may terminate or suspend its order for any or all of the Goods/Services covered by the Agreement only upon Seller’s written consent or pursuant to Seller’s applicable policy or practices covering such termination or suspension. Any changes affecting the Goods or Services must be accepted by Seller and resulting adjustment to price, schedule, or both, shall be mutually agreed in writing. Seller may cancel any order or terminate any agreement without liability to Buyer if Buyer fails to meet the conditions specified herein.

5. LIMITED WARRANTY: Subject to the limitations contained in Section 6 herein, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. The foregoing warranties will apply until the expiration of the applicable warranty period. Except as specified below, Goods are warranted for twelve (12) months from the date of shipment or, if applicable, initial installation, but in no case greater than fifteen (15) months from the date of shipment by Seller. Consumables, Parts and Services (except as specified below) are warranted for a period of 90 days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects and notifies Seller thereof in writing during the applicable warranty period, Seller shall, at its option, correct any errors that are found by Seller in the firmware or Services or repair or replace F.O.B point of manufacture that portion of the Goods or firmware found by Seller to be defective, or refund the purchase price of the defective portion of the Goods/Services. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by the limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days whichever is longer. This limited warranty is the only warranty made by Seller and can be amended only in a writing signed by Seller. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES.

6. LIMITATION OF REMEDY AND LIABILITY: SELLER SHALL NOT BE LIABLE FOR DAMAGES CUASED BY DELAY IN PERFORMANCE. THE REMEDIES OF BUYER SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE. IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR OTHERWISE), SHALL SELLER’S LIABILITY TO BUYER AND /OR ITS CUSTOMERS EXCEED THE PRICE TO BUYER OF THE SPECIFIC GOODS MANUFACTURED OR SERVICES PROVIDED BY SELLER GIVING RISE TO THE CLAIM OR CAUSE OF ACTION.

BUYER AGREES THAT IN NO EVENT SHALL SELLER’S LIABILITY TO BUYER AND/OR ITS CUSTOMERS EXTEND TO INCLUDE INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. THE TERM “CONSEQUENTIAL DAMAGES” SHALL INCLUDE, BUT NOT BE LIMITED TO, LOSS OF ANTICIPATED PROFITS, REVENUE OR USE AND COSTS INCURRED INCLUDING WITHOUT LIMITATION FOR CAPITAL, FUEL AND POWER, AND CLAIMS OF BUYER’S CUSTOMERS.

7. TAXES: Any tax or governmental charge payable by the Seller because of the manufacture, sale or delivery of the Goods, or provision of Services, may at Seller’s option be added to the price herein specified. The foregoing shall not apply to taxes based upon Seller’s net income. Prices do not include any sales, use, excise, value added or similar taxes. Taxes shall be the responsibility of Buyer and Seller shall include them on all invoices, absent the receipt of an appropriate exemption from Buyer.

8. TERMS OF PAYMENT: Unless otherwise agreed by Seller, and subject to the credit approval of Seller’s Finance Department, terms are F.O.B. shipping point, net 30 days from date of Seller’s invoice in U.S. currency, except for applicable milestone payments or export shipments for which Seller may require other arrangements. Freight charges may include shipping and handling charges, and Buyer shall pay all such charges. If any payment owed to Seller hereunder is not paid when due, it shall bear interest, at 1.5%per month, but shall not exceed the maximum rate permitted by law, from the date on which it is due until it is received. Seller shall have the right, among other remedies, to terminate the Agreement and/or to suspend further deliveries under this and/or other agreements with Buyer in the event Buyer fails to make any payment hereunder when due. Buyer shall be liable for all expenses attendant to collection of past due amounts, including attorney’s fees.

9. SOFTWARE AND FIRMWARE: Notwithstanding any other provision herein to the contrary, Seller or applicable third party owner shall retain all rights of ownership and title in its respective firmware and software, including all copyrights relating to such firmware and software and all copies of such firmware and software. Except as otherwise provided herein, Buyer is hereby granted a nonexclusive, royalty free license to use any firmware and software, and copies of firmware and software, incorporated into the Goods only in conjunction with such Goods and only at the Buyer’s plant site where the Goods are first used. Buyer’s use of certain firmware (as specified by Seller) and all other software shall be governed exclusively by Seller’s and/or third party owner’s applicable license terms. 8 Technology Drive, Westborough, MA, 01581, USA
Item No. 6.

CITY COUNCIL AGENDA – JULY 16, 2024
SUBJECT: Authorization to Purchase Components to Repair/Upgrade the Traffic Signal at Westwood Street and Olive Avenue
SOURCE: Public Works
COMMENT: The traffic signal at the intersection of Westwood Street and Olive Avenue needs repair. The inductive loops, which control the traffic signals, are damaged in three (3) directions of travel and need to be replaced. The City annexed the roadway from the County and added it to the pavement improvement list. Two of the lanes of travel at the intersection are severely deteriorated and are scheduled to be improved in the fiscal year 2027/2028.

Staff is seeking authorization to upgrade the traffic signals at Westwood Street and Olive Avenue to the new City standard using video detection. Upgrading the traffic signals would eliminate the expenditure on replacing the inductive loops, which will be removed when the paving project commences in 2027/2028.

Econolite, the manufacturer of the video detection systems, submitted a quote of $51,885.16 for the components to upgrade the traffic signal. Purchasing the components directly from the manufacturer and utilizing City staff to install the video detection system will result in significant cost savings for the project and restore full operation of the traffic signal. Expenditure for the project will be funded from the 2024/2025 Capital Improvement Projects Signs and Signals Budget.

RECOMMENDATION: That the City Council:

1. Approve the purchase of video detection system components from Econolite for an amount not to exceed $57,074, which includes the components, taxes, and a ten percent (10%) contingency;

2. Direct the Finance Director to initiate a Purchase Order to Econolite for an amount not to exceed $57,074, which includes the components, taxes, and a ten percent (10%) contingency; and

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

ATTACHMENTS: 1. Intersection Upgrade - Cabinet, Controller, Autoscope Video Detection Quote
Appropriated/Funded:

Item No. 6.

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
Quotation
1250 N. Tustin Ave. Anaheim, Ca. 92807
econolite.com/feedback

3/14/2024
To:

Item # Part Qty Description Tariff Price per Extended
1 STCAB3889 1 332 ANOD HYBRID PORTERVILLE NO

PHASE SELECTORS, NO LS
$37.66 $14,412.75 $14,412.75
2 31095G12 12 LOAD SWITCH DUAL IND TSC MODEL
300 OI
$0.00 $58.10 $697.20
3 COBRM21120110000 1 COBALT G-SERIES RACKMOUNT, WITH
PWR CORD, 8MB DATAKEY, NO

COMM CARD
$24.10 $5,199.20 $5,199.20
4 AVISION 4 AUTOSCOPE VISION 4-APPROACH

INTERSECTION INCLUDES LINE ITEMS
4-9

SENSOR, VIDEO, VISION
$0.00 $27,125.00 $27,125.00
5 205-1031-501
AMBKTM11S
4 ASSY, EASY BRACKET, AUTOSCOPE $0.00
6 1175-011 1,000 CABLE,ROUND,3 COND, 1000' 18

AWG,BLACK POLYETHYLENE JCKT
$0.00
7 A700-1166-01
AVCM
1 ASSY, ACP, PRIMARY MODEL AVCM $0.45
8 33550G5 1 ASSY,CABLE, CNTRLR TO A/SCOPE TS2-
RS485
$1.14
9 FSR-SVC-DET 1 DETECTION TURN-ON LABOR;
INCLUDES 4 HOURS OF FSR SUPPORT
$0.00
City of Porterville
Bryan Searle
Quote Name: Intrsection Upgrade Quote
Project Reference:

Econolite Reference: Q-43584-24C9
Subtotal $47,434.15
Shipping & Handling*
Taxes** $4,387.66
Tariffs** $63.35
TOTAL $51,885.16
Quotation
1250 N. Tustin Ave. Anaheim, Ca. 92807
econolite.com/feedback

Unless specifically requested or noted on this quotation, the product(s) quoted herein may or may not comply with any Buy America requirements.

Cabinet designs are considered final at time of order. Changes requested after date of order may result in additional fees and extended shipping lead times.

The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or legally privileged material. Any review, retransmission, dissemination, or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited except as required by law.

Quote Valid For Days: 60
FOB: Econolite Factory
Terms: NET30
*Ship Terms: PPD
**Taxes and Tariffs Estimated (if included)
Corey Kelly
Corey Kelly, Account Manager, Senior
Mobile: 714-273-4912
[email protected]
Shipping Date: To be determined at time of receipt of order Item No. 7.

CITY COUNCIL AGENDA – JULY 16, 2024
SUBJECT: Authorization for Repair of Streets Loader
SOURCE: Public Works
COMMENT: Equipment #6364 is an active Streets Loader that has experienced significant front H-frame failure. The size of the equipment and type of repair requires the work to be completed at a Caterpillar authorized construction equipment service facility. Performing this repair will extend the life expectancy of the loader, therefore, it will be retained beyond its original scheduled replacement.

Staff is requesting authorization to utilize Quinn Caterpillar, which is the nearest Caterpillar authorized construction equipment service center, to perform the required front H-frame replacement at an estimated cost not to exceed $37,914 (inclusive of all parts, taxes, labor, and a 10% contingency). Funds are available in the Equipment Replacement Budget.

RECOMMENDATION: That City Council:

1. Authorize loader H-frame replacement by Quinn Caterpillar at a cost not to exceed $37,914 (inclusive of all parts, taxes, labor, and a 10% contingency); and

2. Authorize payment of said repair upon satisfactory
completion.

ATTACHMENTS: 1. City of porterville 938M loader arm replacment Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
Quote No: 134914 - 1

CITY OF PORTERVILLE - FIELD SERVICES
ATTN: IRENE - A/P 291 N MAIN ST
PORTERVILLE 93257-3737
Parts
Parts
Misc
SEGMENT: 02 REMOVE & INSTALL LOADER FRAME
NOTES:

REMOVE LOADER ARMS AND REPLACE WITH REFURBISHED

SET OF LOADER ARMS INCLUDING THE COUPLER AND
CENTER TILT LINK.

ARMS ARE REFURBISHED AND PURCHASED FROM USED
PARTS. COUPLER IS USED AND PURCHASED FROM USED
PARTS.

Segment 01 Total: 1,500.00
Total Estimated Misc: 1,500.00
Total Estimated Parts: 0.00
Labor Summary
Part Number Description Qty Unit Price Discount% Ext Price SEGMENT: 01 TRANSPORT MACHINE
NOTES:

TRANSPORT MACHINE TO AND FROM PORTERVILLE
555 NORTH PROSPECT AVE PORTERVILLE CA. 93257
CUSTOMER NO. QUOTE NO. DATE CONTACT
519700 134914 7/3/2024 RUSSEL ISOM
PHONE NO. FAX NO. EMAIL
559 782 7517 [email protected]
MODEL MAKE SERIAL NO.
938M AA 0P5K01933
UNIT NO. HOURS WO NO. P.O. NO.
1520
Item Number Description Qty Unit Price Discount% Ext Price TRU-**-**-** TRUCK HAUL CHG 1 1,500.00 0 1,500.00
Part Number Description Qty Unit Price Discount% Ext Price 1590268 SHIM 4 21.18 0 84.72
1590269 SHIM 6 35.25 0 211.50
1M8652 RING 1 16.85 0 16.85
2052294 PLUG-PIPE 2 3.04 0 6.08
3336641 SHIM 4 37.67 0 150.68
3478142 PIN AS 2 546.75 0 1,093.50
CITY OF PORTERVILLE - FIELD SERVICES 134914 - 1 Page 1
Labor
Misc

THIS ESTIMATE IS BASED ON LABOR RATES, PARTS PRICES, AND CONDITION OF THE MACHINE EXISTING ON THE DATE OF THE ESTIMATE INDICATED ABOVE. THE CUSTOMER WILL BE INFORMED OF ANY REVISIONS IN LABOR RATES, PARTS PRICES OR ADDITIONAL WORK REQUIRED BEFORE THE WORK IS STARTED. UNLESS OTHERWISE SPECIFIED, THIS ESTIMATE DOES NOT INCLUDE TRAVEL TIME AND MILEAGE, FREIGHT, SHIPPING CHARGES, ENVIRONMENTAL FEE OR TAXES WHERE APPLICABLE.

THIS ESTIMATE IS EFFECTIVE FOR 30 DAYS FROM THE DATE INDICATED ABOVE.

ESTIMATED REPAIR TIME: ______________________________ from start date Thank you for giving QUINN the opportunity to quote your service repair options.

My Signature below indicates I have read, understand and agree with the attached terms and conditions.

Issued PO#: __________________, Authorized Name ______________________________ Please Print Date ____/____/______. ______________________________ (Signature) Prepared by: Donnie Veenendaal Phone: 5599043655 Email: [email protected] Fax:
3478144 PIN AS 2 440.47 0 880.94
3478156 SHIM 2 68.70 0 137.40
3478157 SHIM 4 35.68 0 142.72
4545385 WASHER-HARD 1 16.12 0 16.12
5400136 LINK AS 1 1,416.43 0 1,416.43
5P3193 SEAL 2 28.17 0 56.34
7K9209 SEAL 4 17.49 0 69.96
7K9210 SEAL 10 19.26 0 192.60
7K9212 SEAL 2 22.60 0 45.20
7Y2498 SPACER 6 24.35 0 146.10
Total Estimated Parts: 4,667.14
Item Number Description Qty Unit Price Ext Price
SHP-1*-00-** LABOR 56 175.00 9,800.00
Total Estimated Labor: 9,800.00
Labor Summary
Item Number Description Qty Unit Price Discount% Ext Price #OG-1*-**-** USED PARTS REBUILD ARMS
528-9021
1 14,500.00 0 14,500.00
#OG-1*-**-** USED PARTS COUPLER 517-
1561
1 4,000.00 0 4,000.00
Total Estimated Misc: 18,500.00
Segment 02 Total: 32,967.14
Total Segments: 34,467.14
SUB TOTAL (BEFORE TAXES) 34,467.14
CITY OF PORTERVILLE - FIELD SERVICES 134914 - 1 Page 2
Quinn Service Repair Terms and Conditions

1. Acceptance of Order.

This Service Repair Estimate is for Customer's information only and is not a valid estimate for services unless signed by an authorized representative of Customer in the place provided on the face of this Service Repair Estimate. Prices, schedules and the scope of work on this Service Repair Estimate are subject to change at Quinn's discretion.

Unless otherwise agreed in a written document signed by a vice president of Quinn, these Quinn Service Repair Terms and Conditions ("Terms") govern the purchase of the services by Customer. The placing of an order with Quinn, the completion of an online transaction with Quinn, Company's acceptance of this Service Repair Estimate, or any quote, proposal, or other document issued by Quinn with respect to the services, or the receipt or acceptance of the services by Customer, constitutes Customer's acceptance of these Terms exactly as written. The parties acknowledge and agree that any other pre-printed, standard, or posted terms or conditions included in any media including purchase orders, invoices, acknowledgements, bills of lading, terms of use or sale, or other forms utilized by Customer or exchanged by the parties (collectively, "Instruments") shall be for the sole purpose of defining quantities, prices and/or describing products or services but will not govern the purchase of the services by Customer, nor shall such Instruments be construed as modifying, amending, supplementing, or altering the Terms or be binding upon the parties.

2. Changes in Service Work.

Customer may request changes in its requirements for service repairs. Such changes will require a separate Service Repair Estimate signed by an authorized representative of Customer.

3. Termination Of Service Work.

Any order accepted by Customer may be terminated prior to completion by Customer only upon written notice to Quinn, and payment of Quinn's termination charges which may include, but not be limited to, payment for service labor provided and parts restocking charges.

4. Liability.

Quinn's liability on any claim of any kind, including claims for negligence. or for any loss or damage arising out of or connected with the manufacture, sale, delivery, repair, installation, or use of any products covered by or furnished under any order connected with this Service Repair Estimate shall be limited to those claims arising solely from the acts of Quinn, and Quinn shall in no way be liable for any special, indirect, incidental or consequential damages, including, but not limited to, damage to property, environmental liability, or death or injuries to persons suffered or sustained by the use, servicing, operation, and/or handling of the serviced equipment, no matter how caused or occasioned. nor for any consequential damages, lost profits, expenses, or costs resulting to Customer or any third parties by reason of any delay in delivery, defect or negligence in the performance of any services provided by Quinn in connection with the service of the equipment, nonperformance of the serviced equipment, or acts that create environmental liability. or from any other cause whatsoever, and Customer hereby specifically waives all such claims. Any claims against Quinn for shortages in shipments shall be made in writing to Quinn within five (5) days of receipt of shipment by Customer. Quinn shall not be liable for any delays in performing any services or delivering any goods in whole or in part attributable to strikes, labor disputes, lockouts, accidents, fires, delays in manufacture or in transportation, delays in delivery of component materials, floods, severe weather, or Acts of God, embargoes, governmental actions, or any other cause beyond the reasonable control of Quinn. Customer agrees to indemnify, defend, and hold Quinn harmless from and against any and all claims, suits, actions, proceedings, losses, liabilities, damages, expenses, and costs including attorney's fees, arising from or in any manner connected with use or misuse of the serviced equipment, or from the lack of Customer's ongoing maintenance as required by me manufacturer(s), except to the extent caused by Quinn's sole negligence or intentional misconduct.

5. Taxes.

Unless expressly stated, Quinn's prices do not include sales, use, excise or similar taxes. The amount of any applicable tax shall be paid by Customer as an additional charge unless specifically included in any Service Repair Estimates accepted by Customer, or in lieu thereof, the Customer shall provide Quinn with a tax exemption certificate acceptable to the taxing authorities.

6. Terms.

Terms are cash unless credit is approved. With credit approval terms of payment are net by the 10th day of the month following invoice date. A finance charge of 1.5% per month (not to exceed the maximum allowed by law) will be charged on all past due invoices. The past due balance represents all charges unpaid on the last business day of the month following invoice date. In the event of default in the payment of any amount due, and if the account is placed in the hands of any agency or attorney for collection or legal action, Customer agrees to pay both the finance charges and the costs of collection (as permitted by laws governing these transactions). Quinn retains title to merchandise until receipt of good funds. When applicable, Quinn will invoke its repairman's lien under California Civil Code Sections 3051 and 3051a.

7. Part Used for Repairs.

Back orders will be processed as soon as available. Part number changes may be made to provide latest improved interchangeable parts. Any freight charges incurred are at customer expense. We accept parts purchased from us for return credit less applicable restocking charges policy available from the parts department. Returned parts must be in saleable condition and accompanied by the original invoice receipt. We extend the parts return policy to you as a voluntary service. We reserve the right to cancel or modify all or any portions of the parts return policy without prior notice and to reject any parts the customer attempts to return.

8. Warranties.

Limited Parts Warranty: Except for Caterpillar batteries, service tools, ground engaging tools, Caterpillar tires, or non-Caterpillar parts which are covered under separate limited warranties, we warrant new Caterpillar parts sold by us to be free from defects in materials and workmanship subject to the following provisions. During the first six months after purchase of the part by the initial user. We will, as an exclusive remedy, provide a new part or a repaired part, whichever we elect, in place of any part which in our sole judgment is found to be defective in material or workmanship. Such part will be provided without charges to you during normal working hours at our place of business, provided that the defective part is returned to our place of business. Any replacement part provided under the terms of this warranty is warranted for the remainder of the warranty period applicable to the part which it replaces. Receipt of parts by you acknowledges familiarity with applicable warranties. A copy of the appropriate limited warranty for Caterpillar batteries, service tools. ground engaging tools, Caterpillar tires, or nonCaterpillar parts is available to you upon request. We shall not be responsible for any failures resulting from your abuse, misuse, neglect, or improper installation or maintenance.

Limited 90 Day Repair Work Warranty: Except for reconditioned major components and complete machine rebuilds, which are covered under separate limited warranties, we warrant repair work to be free from defects in material and workmanship for a period of 90 days from CITY OF PORTERVILLE - FIELD SERVICES 134914 - 1 Page 3
performance of such work. We will, as an exclusive remedy, redo such repair work which in our sole judgment is found to be defective in material or workmanship within the 90-day warranty period. Any work redone under the terms of this warranty is warranted only for the remainder of the warranty period. If you specifically request repair work that is contrary to our recommended practice, this warranty shall be inoperative as to such work. A copy of the appropriate limited warranty for reconditioned major components or complete machine rebuilds will be provided to you upon request. We shall not be responsible for any failures resulting from your abuse, misuse, neglect, or improper maintenance.

Disclaimer of Warranties: The foregoing limited warranties are exclusive and in lieu of all other warranties. oral or written. express or implied. including but not limited to any warranty of merchantability or fitness for a particular purpose. Manufacturers' warranties are exclusive and in lieu of all other warranties either oral or written, express or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. Quinn is not a manufacturer and makes no warranty and shall not, under any circumstances, be liable for any indirect or special, incidental or consequential damages including but not limited to loss of production, loss of profit, loss of use or business interruption, or any other economic loss, whether arising from contract, tort, strict liability or any other theory of law. Quinn makes no warranty of merchantability or fitness for any particular use or purpose, either expressed or implied.

Voiding of Warranties: Customer is responsible for operating and maintaining equipment as specified by the manufacturer(s). Repair work warranty and manufacturers' warranties may be voided if equipment is altered in any manner before or after repair, or if the equipment is not operated or maintained in accordance with manufacturers' specifications.

9. Governing Law and Venue.

The rights and obligations of the parties with respect to the transactions contemplated by Service Repair Estimate shall be governed in all respects by the laws of the State of California. The parties hereto irrevocably agree that the exclusive venue for any litigation arising in connection with the transactions specified in this Service Repair Estimate shall be in the courts located in the County of Los Angeles, California.

10. Attorneys' Fees and Costs.

In the event of any legal action, controversy, claim, or dispute between the parties involving the transactions contemplated by this Service Repair Estimate, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorneys' fees, and costs.

CITY OF PORTERVILLE - FIELD SERVICES 134914 - 1 Page 4
Item No. 8.

CITY COUNCIL AGENDA – JULY 16, 2024
SUBJECT: Authorization to Repair Effluent Outfall Line
SOURCE: Public Works
COMMENT: The Wastewater Treatment Facility (WWTF) is requesting authorization to repair a section of its 24" effluent outfall line that suffered a catastrophic failure. The effluent outfall line conveys approximately 4.5 million gallons per day of treated effluent to the reclamation area. To continue the uninterrupted effluent disposal to the reclamation area, WWTF staff provided a temporary repair to the system. Special repair fittings will need to be purchased to provide the permanent repairs needed to the outfall line.

The WWTF staff contacted three vendors for the parts required for the repair.

The quotes are as follows:

Ferguson Waterworks $11,092.15
Pace Supply $11,554.35
Crouzet Irrigation Supply $20,023.34
Based on the quotes submitted, Ferguson Waterworks provided the lowest quote for the repair parts. The expenditure for the repair, in the amount not to exceed $12,201.37, which includes the parts, freight, taxes, and a ten percent (10%) contingency, will be funded from the 2024-2025 Wastewater Operating Budget.

RECOMMENDATION: That City Council:

1. Award the purchase of repair parts to Ferguson Waterworks for an amount not to exceed $12,201.37 which includes the parts, freight, taxes, and ten percent (10%) contingency;

2. Direct the Finance Director to initiate a Purchase Order to Ferguson Waterworks for an amount not to exceed $12,201.37 which includes parts, freight, taxes, and ten percent (10%) contingency; and

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

ATTACHMENTS: 1. Ferguson Quote

2. Pace Quote

3. Crouzet Quote
Item No. 8.

Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager

Item No. 9.

CITY COUNCIL AGENDA – JULY 16, 2024
SUBJECT: Authorization for Water Department Service Truck Engine Replacement SOURCE: Public Works
COMMENT: Vehicle No. 6576 is an active Water Department service truck that has experienced significant internal engine wear and requires engine replacement.

The truck has approximately four (4) years of remaining active service life.

Three (3) vendors were contacted for bids. The bids are as follows:

Porterville Automotive $12,504.89
Porterville Ford $17,175.92
Porterville Chrysler Non-responsive
Staff is requesting authorization to utilize Porterville Automotive to perform the engine replacement at a cost not to exceed $13,756 (inclusive of all parts, taxes, labor, and a 10% contingency). Funds are available in the Water Department Maintenance Budget.

RECOMMENDATION: That the City Council:

1. Authorize a service truck engine replacement by Porterville Automotive at a cost not to exceed $13,756 (inclusive of all parts, taxes, labor, and a 10% contingency); and

2. Authorize payment to Porterville Automotive upon
satisfactory completion of said engine replacement.

ATTACHMENTS: 1. PV Auto Estimate 6576

2. PV Ford Estimate 6576
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager

Item No. 10.

CITY COUNCIL AGENDA – JULY 16, 2024
SUBJECT: Authorization to Upgrade Supervisory Control and Data Acquisition Equipment SOURCE: Public Works
COMMENT: The Wastewater Treatment Facility (WWTF) is requesting authorization to upgrade its Supervisory Control and Data Acquisition (SCADA) system that monitors and controls the entire wastewater treatment process. The SCADA system requires equipment and instrumentation data through remote telemetry units and sends the data to a control computer. The control computer performs graphic display presentation, alarm reporting, report generation, data archiving, and database maintenance.

The SCADA system is a redundant system that uses two (2) servers to provide system reliability. The current SCADA system was commissioned in 2014 and has one (1) server which has failed and no longer provides the speed, reliability, and redundancy required to operate efficiently.

The WWTF staff requested and received three quotes for the SCADA upgrade.

The quotes are as follows:

Telstar Instruments $212,895
STS Automation Inc. $229,800
Tesco Controls (Perpetual Option) $238,700
Based on the quotes submitted, Telstar Instruments provided the lowest quote for the upgrade of the SCADA system. Expenditure for the upgrade in the amount not to exceed $234,185, which includes software, parts, prevailing wage labor, freight, taxes, and ten percent (10%) contingency, will be funded from the 2024-2025 WWTF Capital Reserve Fund.

RECOMMENDATION: That the City Council:

1. Award the purchase of the SCADA upgrade to Telstar
Instruments for an amount not to exceed $234,185, which includes software, parts, prevailing wage labor, freight, taxes, and ten percent (10%) contingency;

2. Direct the Finance Director to initiate a Purchase Order to Telstar Instruments for an amount not to exceed $234,185, which includes software, parts, prevailing wage labor, freight, taxes, and ten percent (10%) contingency; and

3. Direct the Finance Director to make payment to Telstar Instruments upon receipt of an invoice approved by the Public Item No. 10.

Works Director.

ATTACHMENTS: 1. Telstar Instruments

2. STS Automation

3. Tesco Controls
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager

Item No. 11.

CITY COUNCIL AGENDA – JULY 16, 2024
SUBJECT: Authorization to Purchase by Negotiation Equipment Scheduled for Replacement
SOURCE: Finance
COMMENT: In accordance with the City's Purchasing Policy and Procedure Manual, as amended by Resolution No. 122-87 adopted by City Council on October 20, 1987, staff hereby requests approval to begin negotiations for the purchase of the following equipment scheduled for replacement in FY 2024-2025, for the various City Departments as follows:

Department Equipment Description Estimated
Cost
Finance - IT Misc computer equipment $40,000
Servers (2) $40,000
Engineering Robotic survey equipment $66,000
Parks Maintenance Dump trailer $13,200
18' mower $110,000
Pickup* $65,000
Pickup* $65,000
Chipper body* $45,000
Sports Complex 6' mower $5,200
Leisure Services Light towers (2) $24,000
Streets 2500 gal water truck $200,000
2 axle semi truck $140,000
Pickup* $56,000
Flatbed and crane* $45,000
St Signals, Signs Stencil truck $180,000
Airport Pickup* $60,000
Sewer Vactor* $701,000
Item No. 11.

WWTF Water Analyzer* $40,000
Dump Truck* $285,000
Industrial Pre-Treatment Plant Biochemical Oxygen Demand meter/stand/kit
$5,500
Nanopure system $6,600
Microbiological incubater 35 deg C $2,500
Pickup* $55,000
Solid Waste Automated containers $250,000
Commercial bins and rolloff
containers
$200,000
Pickup* $55,000
Water Quality Chlorine station $200,000
Utility bed and crane* $58,000
Water Distribution Cab and chassis with utility bed and crane
$120,000
Cab and chassis with utility bed and
crane
$120,000
Computer/misc equipment $5,000
*Prior approval by Council
Funds for the purchase of these equipment items are available in the Equipment Replacement Funds.

RECOMMENDATION: That the City Council authorize the purchase by negogiation of the equipment listed and authorize payment for said equipment upon satsfactory delivery.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Patrice Hildreth, City Manager
Item No. 12.

CITY COUNCIL AGENDA – JULY 16, 2024
SUBJECT: Authorization to Purchase Master Meter 4G Radio Read Water Meters SOURCE: Public Works
COMMENT: Water meters installed throughout the city are critical to determining water consumption and generating revenue from water sales. This revenue source funds the operating and maintenance costs of the water utilities enterprise fund.

The City owns and maintains approximately 17,000 meters throughout its water distribution system. To maintain the supply of meters, staff is seeking authorization to purchase new and replacement water meters in bulk for the 2024-2025 Fiscal Year. The City has previously ordered replacement water meters and registers in small increments, on an as-needed basis, to refill stock and meet the development demands. Over the years, staff has experienced extended lead times of up to ten (10) weeks, creating an operational challenge to meet demands and maintain replacement and reserve stock.

Master Meter Inc. meters currently comprise approximately thirty percent (30%) of the total active meters in the distribution system. The purchase of various sizes of new and replacement meters and registers is necessary to maintain system accounting and service account establishment. Master Meter, Inc. is a well-established manufacturer and supplier of meters throughout the industry, and the City's Water Utilities Division has been utilizing Master Meter meters in the City's water distribution system for more than ten (10) years. Hydro Pro Solutions is now the sole distributor of Master Meter meters in California. With the East Porterville Water Consolidation Project, the City began the implementation of Master Meter 4G radio read meters and the meter reading equipment and is moving forward with converting existing direct read meters to a fixed radio network. This requested budget expenditure will serve as a miscellaneous meter purchasing budget approval for any inventory that could have been missed in the original assessment for conversion to a fixed network.

Staff recommends that the City Council authorize the Public Works Director to purchase Master Meter 4G radio reading water meters, replacement meters, and meter registers for an amount not to exceed $100,000 in the 2024-2025 Fiscal Year. If approved, staff would be able to place orders at the beginning of the 2024-2025 Fiscal Year, avoiding the extended lead times to help keep up with demands. Funds for purchasing these new meters, replacement meters, and registers have been set aside in the Water Operating Fund for the 2024-2025 Fiscal Year.

RECOMMENDATION: That the City Council authorize the Public Works Director to Item No. 12.
purchase miscellaneous new and replacement Master Meter 4G radio read water meters and meter registers from Hydro Pro Solutions during the 2024-2025 Fiscal Year at a not-to exceed amount of $100,000.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
Item No. 13.

CITY COUNCIL AGENDA – JULY 16, 2024
SUBJECT: Authorization to Purchase Water Shares or Surface Water for Groundwater Recharge
SOURCE: Public Works
COMMENT: Staff annually requests authorization to purchase water shares or surface water for groundwater recharge. Previously, the City Council approved the purchase of surface water and/or water shares, when available, from surrounding water entities to be used for groundwater recharge.

The City currently owns 481 shares of Pioneer Water Company (PWC), and it has been the Council’s direction to increase the City’s holdings and water rights when opportunities arise. If approved, the Public Works Director will be authorized to submit bids on water shares when available. The Public Works Director would also be granted authorization to negotiate surface water purchases from local irrigation districts for groundwater recharge.

Staff recommends that the Council authorize the Public Works Director, or the City Manager's designee, to purchase or bid on any available water shares in the 2024-2025 Fiscal Year with PWC or other water entities that may have available water shares for purchase. The Public Works Director would also be given authorization to purchase surface water being offered for sale. Funds for purchasing water shares and surface water have been allocated in the Water Operating Fund budget for the 2024-2025 Fiscal Year.

RECOMMENDATION: That the City Council authorize the Public Works Director, or the City Manager's designee, to purchase water shares or surface water during the 2024-2025 Fiscal Year up to $1,500,000.

ATTACHMENTS:

Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
Item No. 14.

CITY COUNCIL AGENDA – JULY 16, 2024
SUBJECT: Authorization to Distribute Request for Proposal for Short-Range Transit Plan SOURCE: Public Works
COMMENT: The Federal Transit Administration (FTA) requires that any transit agency receiving federal funds directly must have a current Short Range Transit Plan (SRTP). Likewise, the Tulare County Association of Governments (TCAG), as the Regional Transportation Planning Agency, requires that any transit agency receiving State Transportation Development Act (TDA) funds must have a current SRTP.

A SRTP is a document that generally plans transit services and operations. The SRTP planning period is generally five (5) years, but SRTP's may cover a longer period, typically seven (7) to ten (10) years. Through the SRTP update process, the transit system's fleet needs, capital and operating costs, revenues, and new transit services or projects are assessed, and recommendations are made.

TCAG assists the region's transit operators in obtaining funds to complete SRTP's, Long Range Transit Plans (LRTP's), Comprehensive Operational Analyses, etc. TCAG staff also carries out special projects to assist the region's transit operators as the need arises.

The City's last SRTP Update was performed in March 2018, which provided an implementation guide for transit services through 2023. TCAG has requested that the City begin this process and work together to establish funding to support the regional planning efforts.

RECOMMENDATION: That the City Council authorize staff to advertise an RFP for the 2025-2030 Short Range Transit Plan
ATTACHMENTS: 1. Draft Request for Proposals - Short Range Transit Plan Appropriated/Funded:

Review By:

Department Director:

Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager
Item No. 14.

CITY OF PORTERVILLE
Request for Proposals No.
2025-2030 Short Range Transit Plan
July 16, 2024
The City of Porterville does not discriminate on the basis of race, gender, ethnicity, age, national origin, religion or disability in its employment opportunities, programs, services, contracting opportunities or activities. It is the City’s policy to ensure compliance with the Title VI of the Civil Rights Act of 1964 in its contracting opportunities.

The project is funded in part by the Federal Transit Administration Catalog of Federal Domestic Assistance (CFDA) 20.500 and 20.507. The City of Porterville reserves the right to reject any or all proposals.

City of Porterville
2025-2030 Short Range Transit Plan

CITY OF PORTERVILLE, CALIFORNIA
REQUEST FOR PROPOSALS (RFP) NO.
2025-2030 SHORT RANGE TRANSIT PLAN
SEALED PROPOSALS will be received by the Transportation Department located at 291 N.

Main Street, Porterville, CA 93257, until 2:00 P.M. on Thursday, August 22, 2024, for the Contract to provide 2025-2030 Short Range Transit Plan.

This contract is federally funded and as such, the Federal Requirements associated with the performance of services under this contract have been included with this RFP. The awarded Proposer will be responsible for adherence to all local, state, and federal requirements listed herein.

These requirements are hereby incorporated into the subsequent contract arising from this RFP.

Proposal forms and documents may be inspected and electronically downloaded at no cost, at the Public Purchase website, www.publicpurchase.com. No copies of said documents will be provided by the City. No proposal shall be received from an individual or firm that has not accessed the proposal documents from the Public Purchase website. All addenda and correspondence during the process will be handled electronically through the Public Purchase website. Questions regarding this request for proposals must be submitted through the Public Purchase website.

The City has not established a DBE goal for this Contract. However, proposers are encouraged to obtain DBE participation for this contract. The City of Porterville overall DBE goal is 1% of total contracts (including subcontracts) awarded.

Executive Order N-6-22 – Russia Sanctions. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. By submitting a bid or proposal, Contractor represents that it is not a target of Economic Sanctions. Should the State determine Contractor is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, which shall be grounds for rejection of the Contractor’s bid/proposal any time prior to contract execution, or, if determined after contract execution, shall be grounds for termination by the State.

The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprises (DBE) will be afforded the full opportunity to submit proposals in response to this notice. Individuals and/or entities submitting bids/proposals to the City of Porterville will

City of Porterville
2025-2030 Short Range Transit Plan
not be discriminated against on the basis of race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, gender, gender identity or expression, age, sexual orientation, or military or veteran status in any consideration leading to the award of contract.

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

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

Publication Dates:

City of Porterville
2025-2030 Short Range Transit Plan
Table of Contents
Solicitation Instructions and Conditions...................................................................................................6

1. RFP/Agreement Schedule...............................................................................................................6

2. Background .....................................................................................................................................6

3. Knowledge of Conditions................................................................................................................7

4. Omission...........................................................................................................................................7

5. Communications to City.................................................................................................................7

6. Pre-Bid Meeting ..............................................................................................................................7

7. Request for Clarifications/Questions ............................................................................................7

8. DBE Participation Goals................................................................................................................8

9. Non-Solicitation of the City............................................................................................................8

10. Proposal Preparation..................................................................................................................8

11. Submission of Proposal.............................................................................................................10

12. Proposal Modification or Withdrawal ....................................................................................10

13. Validity/Terms of Proposals.....................................................................................................10

14. Revisions and Amendments to the Proposal...........................................................................10

15. Proposal Rejection ....................................................................................................................10

16. Protest Procedures....................................................................................................................11

17. Review of Proposals..................................................................................................................11

18. Scoring Criteria.........................................................................................................................12

19. Award.........................................................................................................................................12

20. Next Most Advantageous Bid...................................................................................................13

21. The Public Records Act and Trade Secret Information........................................................13

22. Proposer Affirmation................................................................................................................13 SCOPE OF WORK...................................................................................................................................15

1. Project Objectives.........................................................................................................................15

2. Project Restrictions.......................................................................................................................16

3. Background Information..............................................................................................................16

4. Proposed Project Tasks................................................................................................................17 Exhibit A – Federal Clauses and Requirements ....................................................................................24 Exhibit B – Required Forms....................................................................................................................32 Exhibit C – Sample Professional Services Agreement...........................................................................36

City of Porterville
2025-2030 Short Range Transit Plan

City of Porterville
2025-2030 Short Range Transit Plan
Solicitation Instructions and Conditions

1. RFP/Agreement Schedule
Event Date of Event
RFP Available to the public July 23, 2024
Informational Proposer Conference and Facility Tour N/A Deadline to submit questions August 13, 2024
Proposal submittal deadline @ 2:00 pm PST August 22, 2024 Short list established and vendors notified August 30, 2024 Interviews/Presentation with short-listed vendors (if required) September 5, 2024 Award of Contract @ City Council Meeting September 17, 2024 Contract Begins October 1, 2024

2. Background
The City of Porterville (“CITY”) is located in Tulare County, which is part of the Central San Joaquin Valley of California. The San Joaquin Valley is a rich agricultural area and Tulare County is recognized as the largest agricultural-producing county in the world.

Porterville has a land area of approximately 14.3 square miles (9,161 acres), situated at the base of the foothills of the Sierra Nevada Mountain Range. It is approximately 30 miles southeast of Visalia (the County seat); 60 miles northeast of Bakersfield, 165 miles northeast of Los Angeles, and 254 miles southeast of San Francisco. State Routes 65 and 190 bisect the community. The City's sphere of influence includes rural areas surrounding the incorporated city and an urban area known as East Porterville.

The Porterville City Council is the policy-making body for the City of Porterville’s Transportation Department. It adopts the Short-Range Transit Plan, and through the annual budgetary process, establishes operational and funding levels for the system. The City Council also sets operational policies and parameters.

Management of the City’s public transportation system, referred to as Porterville Transit, is an integrated function of the City of Porterville. The Transportation department is responsible for the overall management of the service. The City is also responsible for the maintenance of the transit fleet, through its Field Services Division.

The City outsources, to a private contractor, to perform daily operations of Porterville Transit. The Director of Transportation is responsible for the overall administration, planning, monitoring, and marketing of the system. The Director of Transportation also acts as a liaison to the Tulare County Association of Governments (TCAG), the California Department of Transportation (Caltrans) and the Federal Transit Administration (FTA). The contracted local General Manager is responsible for the day-to-day operations management; the hiring, testing, training and supervision of all drivers and dispatch staff; fare collection; reporting; ridership data collection; and the operation of

City of Porterville
2025-2030 Short Range Transit Plan
Porterville Transit vehicles in accordance with City policy and all State and Federal regulations.

The County of Tulare contracts with the City of Porterville to provide transit service to unincorporated areas surrounding Porterville. The County reimburses the City for service provided to County residents using Local Transportation Funds (LTF).

Porterville Transit provides an array of transportation services in the form of fixed route bus services, ADA complementary paratransit, and innovative On-Demand services.

3. Knowledge of Conditions
Any person (“Proposer”) submitting a Proposal (“Proposal”) in response to this Request for Proposals (“RFP”) shall examine the Scope of Work carefully and be informed thoroughly regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract to the awarded under this RFP (the “Contract”). No allowances shall be made because of lack of knowledge of any specifications, conditions, or requirements of this RFP.

4. Omission
Notwithstanding the provision of drawings, technical specifications, or other data by the City, Bidders shall have the responsibility of supplying all details required to make an accurate offer of services even though such details may not be specifically mentioned in the scope of work or elsewhere in this RFP.

5. Communications to City
All questions pertaining to this RFP, or any matters relating thereto the Scope of Work, or any questions pertaining to the RFP or RFP documents, shall be in writing and shall be submitted only through the Public Purchase website. Communications sent to any other person at the City or at any other address may, in the City’s sole discretion, be deemed to be "non-responsive" and the City in its discretion may elect to disregard any such questions. The City shall not respond to oral inquiries, and oral statements of any nature by the City or any of its representatives may not be relied upon for any purpose whatsoever.

6. Pre-Bid Meeting
Not Applicable

7. Request for Clarifications/Questions
All questions from any Proposers regarding the RFP or matters relating thereto shall be submitted to the City in writing no later than August 13, 2024. Each question shall identify the section number in this RFP for which clarification is being requested. The City shall respond via an Addendum to all properly submitted questions at least five (5) business days prior to the date that Proposals are

City of Porterville
2025-2030 Short Range Transit Plan
due. The Addendum will be posted on the Public Purchase website. All such questions shall be submitted on the Public Purchase website.

8. DBE Participation Goals
If a DBE participation goal has been established for the RFP, Proposers must meet one (1) of the following criteria to be considered for the Contract:

A. Achieve the DBE participation goal as specified;
OR
B. Submit documentation detailing its good faith efforts.

If a DBE participation goal has not been established for this project, Proposers are encouraged to make every attempt to secure a level of DBE participation that contributes toward the achievement of the City’s overall DBE goal of 3.6%. When a goal has been established, the failure of the Proposer to either meet the participation goal or submit satisfactory evidence of good faith efforts may result in the Proposal being rejected as non-responsive.

9. Non-Solicitation of the City
During the period from the date of this RFP, through the period that the Porterville City Council approves the award of a Contract (including any period during which a procurement protest (“Protest”) has been filed and is pending), Proposers may not directly or indirectly contact any City Council Member, any City employee, or the City’s legal counsel regarding this RFP except for questions directed to the City as expressly provided in Section 5 above or except as expressly authorized under the Protest procedure set forth in Section 15. Any prohibited contact may result in the immediate disqualification of the Proposer from consideration for the award of the Contract and the rejection of any Protest.

Additionally, Proposers are hereby advised as follows:

Respondents to this solicitation or persons acting on their behalf may not contact, between the release of the solicitation and the end of the 72-hour period following the agency posting the notice of intended award, excluding Saturdays, Sundays, and state holidays, any employee or officer of the executive or legislative branch concerning any aspect of this solicitation, except in writing to the procurement officer or as provided in the solicitation documents. Violation of this provision may be grounds for rejecting a response.

10. Proposal Preparation
Each Proposal shall be made only on this RFP. Each Proposal shall include the RFP number, title, and due date on the Proposal cover page, and shall be in the form of Portable Document Format (PDF) (Proposal Format)

City of Porterville
2025-2030 Short Range Transit Plan
The Proposer shall include in its proposal, at a minimum, the following information presented in a clear and concise format, in order to demonstrate the Proposer’s competence and professional qualifications for the satisfactory performance of the services outlines in the “Scope of Work” of this Request for Proposals.
1) A list of the most recent projects for which the Proposer has performed similar services of similar size, scope, and complexity. This list shall include the name, contact person, address, and phone number of each party for whom the service was provided, as well as a description of the service performed, the dollar amount of the contract, and the date of performance.
2) A list of the Proposer’s principals, employees, agents, and subconsultants which the Proposer anticipates assigning to this Project. This list shall include a summary of the qualifications, licenses, and experience of each individual; the approximate number of hours each will devote to the Project; and the type of work to be performed by each individual. The CITY will retain under its agreement with the successful Proposer the right of approval of all persons performing under the agreement. 3) A detailed description of the methods by which the Proposer intends to perform the work set forth in the Scope of Work. The description shall include, at a minimum, the following items:
i. A performance and cost schedule for all services necessary to complete this Project. The proposal should specify the major components, the cost breakdown by major component or phase, and the expected time of completion for each component based on the scope of work outlined in the proposal. ii. A total proposed “Not to Exceed” costs of the services, including a Fee Schedule describing all chargers and hour rates for services. iii. The Proposer should specifically indicate in its proposal any clauses in the CITY’s proposed Agreement which are unacceptable to the Proposer. 4) A statement which discloses any past, ongoing, or potential conflicts of interest which the Proposer may have as a result of performing the work for this Project. 5) A copy of an insurance certificate, or a letter of intent to provide insurance from the issuing company (including a description of types of coverages and dollar amount limits) may also be submitted.
6) The proposal must be signed by an authorized representative of the Proposer.

City of Porterville
2025-2030 Short Range Transit Plan

11. Submission of Proposal
Submit Proposal as a consolidated Portable Document Format (PDF) document to the Public Purchase website. Your Proposal must be received by CITY no later than until 2:00 P.M. on Thursday, August 22, 2024

12. Proposal Modification or Withdrawal
Prior to the date and time set for the receipt of Proposals, a Proposal may be modified or withdrawn by the Proposer. All such modifications shall be made in writing, any request to withdraw a Proposal shall be in writing and received by CITY (in the same manner as the Bid was submitted) by no later than the deadline date and time set forth for the receipt of Proposal. If timely received, CITY shall discard Proposal, to the Proposer, with the Proposer’s consent. If a modification is timely received by CITY prior to the date and time set for the receipt of Proposals, then that modification shall be considered by CITY as a part of the original Proposal.

13. Validity/Terms of Proposals
Proposals shall be valid for not less than one hundred and eighty (180) days after the due date and time for the receipt of Proposals. In the event of a Protest, the one hundred and eighty (180) day period shall be extended, and the Proposals shall remain valid for a period of ninety (90) days after the earlier of (i) the resolution of the Protest, and the posting of said award (see below), and no further Protest. Please see Exhibit P for submission of this requirement.

14. Revisions and Amendments to the Proposal
CITY reserves the right, in its absolute discretion, to revise or amend this RFP, including the Scope of Work, up to the time set for receipt of the Proposals. Any such revision or amendment, if any, notification shall be sent via Public Purchase to all Proposers who have requested a copy of this RFP and furnished CITY with their correct email address. In the event that this RFP is revised or amended within five (5) business days of the date set for opening Proposals, CITY may extend the RFP opening date. The form transmitting the revision or amendment shall be signed by the Proposer, acknowledging its receipt, and copy of the signed document shall be included in the Proposal documents. Failure to (i) sign the form transmitting the revision or amendment, and (ii) include the signed form in the Proposal may, in CITY’s sole and absolute discretion, result in the rejection of the Bid.

15. Proposal Rejection
CITY may at any time reject any (i) Proposal which CITY deems, in its sole and absolute discretion, to be incomplete, (ii) Proposal which CITY deems, in its sole and absolute discretion, fails to conform to the requirements of this RFP, or (iii) Proposal which CITY deems, in its sole and absolute discretion, takes exception to the Scope of Work. CITY reserves the right in any event

City of Porterville
2025-2030 Short Range Transit Plan
to (a) waive any informalities or irregularities in any Proposal which CITY determines, in its sole and absolute discretion, to be minor, or (b) reject all Proposals and resolicit the procurement.

16. Protest Procedures
In the event any person wishes to file a Protest regarding this RFP, such Protest shall be made in accordance with CITY FTA Procurement and Contract Administration Manual (which is available at www.ci.porterville.ca.us), the terms of which are hereby included herein by this reference. CITY reserves the right to modify the terms of the Protest procedure if it determines that such modification is in its best interest. Should there be any dispute between CITY FTA Procurement and Contract Administration Manual and the provisions of this Section, CITY in its discretion shall determine which provision governs.

By way of background, all Bidders understand and agree that the procurement process undertaken by virtue of this RFP is solely for the benefit of CITY, and it is for CITY to determine in its discretion which Proposal CITY desires to accept. CITY has provided for a Protest procedure not to grant any rights to any particular Proposer but, rather, to provide CITY the opportunity to review and examine any information regarding any Proposal which it may not have fully evaluated. Thus, no Proposer has any legal right in connection with any Protest Proceeding and CITY may, in its discretion, determine whether or not to reject any Protest.

In the event a Protest is rejected, the Bidder may appeal the rejection as set forth in CITY FTA Procurement and Administration Manual or herein but, again, said appeal shall be decided by CITY based upon what it determines to be in its best interest. As such, legal concepts (such as the California or Federal Rules of Civil Procedure and the Judicial Rules of Evidence) and other matters which may be applicable to judicial or other proceedings are not applicable to a Protest in accordance with CITY FTA Procurement and Contract Administration Manual. In addition, the appeal process set forth in the CITY FTA Procurement and Contract Administration Manual is exclusive and upon the exhaustion of the appeal, no further appeal may be taken, or separate suit filed against CITY.

By virtue of submitting its Bid, any Protesting Party expressly agrees that its remedies are exclusively limited to the CITY Protest procedure set forth in CITY FTA Procurement and Contract Administration Manual (as the same may be modified hereby) and that there shall be no appeal or litigation resulting from the final award of any Contract by CITY. The foregoing is a material consideration in the consideration by CITY of any Proposal.

17. Review of Proposals
After the proposals are received and opened by the CITY, the CITY shall review and evaluate all proposals for responsiveness to the Request for Proposals to determine whether the Proposer possesses the professional qualifications necessary for the satisfactory performance of the services required. The CITY shall also investigate qualifications of all Proposers to whom the award is contemplated, and the CITY may request clarifications of proposals directly from one or more

City of Porterville
2025-2030 Short Range Transit Plan
Proposers. It is anticipated that this review period could last up to approximately thirty (30) days.

In reviewing the proposals, the CITY may consider the following:
1) The experience and past performance of the Proposer and its agents, employees, and subconsultants in completing the project of a similar type, size, and complexity. The CITY may consider Proposer’s timely and accurate completion of similar projects within budget. 2) The feasibility of the proposal based upon the performance and cost schedules, and the methodology to be used by the Proposer.
3) Proposer’s understanding of the work to be completed based upon the clarity of the proposal and responsiveness to this Request for Proposals. 4) Proposed budget and timeline to complete the work.
5) Any requested changes to the CITY’s standard Professional Services Agreement. 6) Understanding of community growth and the impacts to community transit. 7) Ability to use traffic modeling reports to assist in transit analysis. 8) Each Proposer must be an equal opportunity employer and agree to comply with all applicable required Federal clauses.

18. Scoring Criteria
The RFP received by the CITY for the Short Range Transit Plan will be scored according to the following criteria:
• Understanding of RFP Requirements – 20 points
• Proposed Methodology – 30 points
• Relevant Experience – 15 points
• Proposed Timeline – 20 points
• Proposed Price – 15 points

19. Award
The Contract may be awarded to the responsive and responsible Proposer whose proposal, in the sole and absolute discretion of CITY, conforms to the Solicitation and is most advantageous to CITY. The Proposer recommended for award must sign a complete Contract prior to final award (which will be based on the sample Contract provided in the Solicitation). The selected Proposer is required to enter into a Contract with CITY in accordance with the terms of its Proposal.

City of Porterville
2025-2030 Short Range Transit Plan

20. Next Most Advantageous Bid
In the vent that the selected Proposer fails or refuses to enter into a contract with CITY, then CITY may award the contract to the Proposer who submits a Proposer that CITY determines, in its sole and absolute discretion, is the next most advantageous to CITY. CITY also reserves the right at any time, in its absolute discretion, to cancel the RFP.

21. The Public Records Act and Trade Secret Information The Proposer is aware and understands that CITY is a public entity and, as such, is subject to the California Records Act. Subject to certain exemptions, Proposals received by CITY are public records and may be subject to disclosure upon the earlier of such time as CITY provides notice of its decision or intended decision to award a contract or thirty (30) days after the date that Proposals are opened. The Proposer is aware of this fact and that it is possible that its Proposal may be disclosed by CITY pursuant to a public records request, particularly if another Proposer files a protest to the procurement.

A Proposer’s Proposal may include certain information which the Proposer believes to be a “trade secret.” If a Proposer would like CITY to treat such information as confidential, particularly in the event CITY receives a public records request, then the Proposal shall clearly, in bold and large type, identify the specific information which it deems to constitute a trade secret and be confidential. It is unacceptable to CITY for the Proposer to classify, for example, its entire Proposal as trade secret and thus confidential.

In the event CITY receives a request for a copy of a Proposer’s Proposal, CITY shall endeavor to notify the Proposer and shall endeavor to comply with the Public Records Law as to what is required to be produced. Absent any clear identification by the Proposer that a portion of its Proposal is a trade secret and is confidential, CITY shall furnish a copy of the Proposal in response to any valid public records request and CITY shall have no liability whatsoever for such disclosure.

If the Proposer so identifies a portion of its Proposal as being a trade secret and confidential, or if CITY, in its discretion, determines that a portion of the Proposal is not subject to disclosure and should not be disclosed (such as if the disclosure would compromise CITY security systems), CITY shall endeavor to assert said exemption. In the case of any exemption being asserted by CITY based upon action by the Proposer (e.g., the Proposer asserts that information in its Proposal is a trade secret and, as a result, CITY declines to satisfy a public records request for the portion of the Proposal which has been identified as a trade secret), the Proposer shall indemnify and hold CITY harmless for any claims, expenses, including attorney’s fees, that CITY may incur if the person requesting said information pursues its demand that the public record be furnished.

22. Proposer Affirmation
By submitting its Proposal, the Proposer affirms and declares:

City of Porterville
2025-2030 Short Range Transit Plan

1. That the Proposer or its subcontractors have the capability to assure performance of work within the time specified under the Contract.

2. That the Proposer has the capability of providing personnel to satisfy any technical or service problems that may arise during the term of the Contract.

3. That the Proposer has the necessary labor, tools, and financial resources to complete the Contract in a satisfactory manner and within the required time.

4. That no other person, form or corporation has any interest in its Proposal, or the Contract proposed.

5. That the Proposer has not divulged to, discussed, or compared its Proposal with other Proposers and has not colluded with any other Proposers or parties to a Proposal whatsoever. (NOTE: No premiums, rebates, or gratuities are permitted either with, prior to, or after any delivery of goods or services.) Any such violation shall result in the cancellation and/or return of goods or services (as applicable) and the removal of the offending vendor from Proposal List(s).

6. That the Proposer and its subcontractor are not currently in arrears to CITY and have not defaulted, as a surety or otherwise, under any obligation to CITY.

7. That the Proposer is not on the Comptroller General’s list of ineligible contractors.

8. That, if awarded the Contract, the Proposer shall no discriminate against any employee or applicant for employment because of race, religion, color, sex, creed, age, disability, or national origin.

City of Porterville
2025-2030 Short Range Transit Plan

SCOPE OF WORK
The scope of work set forth in this Request for Proposals represents an outline of the services which the CITY anticipates the successful Proposer to perform, and is presented for the primary purpose of allowing the CITY to compare proposals. The precise scope of work to be incorporated into the Professional Services Agreement shall be negotiated between the City and the successful Proposer. The CITY requests that the Proposer suggest changes to the scope of work (as a part of the proposal) in order to achieve the CITY’s stated Project Objectives.

1. Project Objectives
The CITY’s primary objective for this Agreement is to obtain professional assistance in the development of a Short Range Transit Plan (SRTP) covering FY 2025-2030, including assessment of existing and future public transit services to meet community needs; General Plan and regional connectivity, overall general financial estimates for recommended scenarios, and service delivery options.

In addition, in order to fulfill the requirements of the Tulare County Association of Governments (TCAG), the purpose of the SRTP also includes, but is not limited to, the following:

A. To propose specific recommendations for implementing the long-range objectives of TCAG’s Regional Transportation Plan / Sustainable Communities Strategy and guide the provision of transit services in the region over the next five years.

B. To serve as a management and policy document for the transit operator, as well as a means of providing FTA and TCAG with information necessary to meet regional programming and planning requirements.

C. To submit requests for federal, state, and regional funds for capital and operating purposes through TCAG’s Measure R transit fund programming, and in the TCAG TIP.

D. To serve as a guiding baseline document that support’s the development of TCAG’s Regional Transit Systems Plan.

E. The goals and standards specific in an operator’s SRTP serve as a basis for the assessment of the operator’s performance conducted as part of the TCAG Triennial Performance Audit of the operator, include unmet needs.

City of Porterville
2025-2030 Short Range Transit Plan

2. Project Restrictions
A. Time is of the essence for the project. The CITY would like the project to be substantially completed by July 1, 2025. Proposals must include a stated timeline in which the work can reasonably be completed.

B. Proposer is expected to provide a price proposal and detailed budget to complete all work detailed in the scope of work. All fees for elements contained in this scope of work should be included in the proposal. A total proposed “Not to Exceed” Fee for Consulting Services, including a Fee Schedule describing all charges and hourly rates for services shall be negotiated between the CITY and Proposer for this project.

C. Proposer is required to obtain a CITY Business License and must be registered to do business in California with the Secretary of State.

3. Background Information
The City of Porterville (CITY), which constitutes the basic service area, is an urbanized area located in Tulare County in the State of California. The CITY provides public transit services of fixed-route, ADA paratransit, and general public on-demand service within the Porterville Urbanized Area. The total service area is approximately 14 square miles. The overall system is still in recovery from the effects of COVID-19. In FY 18/19, the fixed route system had approximately 635,559 riders and the ADA paratransit system had approximately 13,112 riders. This decreased to 244,230 riders on fixed route in FY 20/21. In response to COVID-19, general public on-demand service was implemented and in FY 20/21 the ADA paratransit and on-demand services had 29,380 riders. The total ridership for fixed route continued to decrease in FY 21/22 which had 223,914, while ADA paratransit and on-demand services continued to increase to 36,965.

The CITY’s Fixed Route system (Porterville Transit) consists of six (6) routes. All fixed routes operate from approximately 7:00 a.m. to 7:00 p.m., Monday through Saturday and approximately 8:00 a.m. to 5:00 p.m. on Sunday. All fixed routes begin and end at the CITY’s Transit Center. There are opportunities to transfer to the Tulare County Regional Transit Agency commuter routes.

The CITY offers the ADA Paratransit service for disabled/ADA, Medicare recipients, and Seniors (65+), called Dial-A-COLT. The service provided is door-to-door and operates the same hours as the fixed route system. Drivers assist passengers with packages as needed/requested. The Dial-A-COLT paratransit service is schedule and dispatched out of the Porterville Transit Center.

The CITY also operates a general public on-demand service, called transPORT. It operates outside of normal fixed route hours, in the early morning from 6:00 a.m. to 10:00 p.m., Monday through Saturday, and 8:00 a.m. to 8:00 p.m. on Sundays.

City of Porterville
2025-2030 Short Range Transit Plan
Additionally, the CITY is currently pursuing the development of a Transit Maintenance and Operations Facility to meet future transit regulations and service demands.

4. Proposed Project Tasks
As stated above, the CITY requests that the Proposer suggest changes to the scope of work (as a part of the proposal) in order to achieve the CITY’s stated Project Objectives. Provide a detailed budget and schedule for the following tasks and subtasks:

A. Planning Horizon
The planning horizon for the short range transit plan is five (5) years. However, a longer planning horizon may be required if necessary to reflect significant capital replacement and/or rehabilitation that would not fall within the five-year period (e.g., rolling stock, bus sub fleet). A longer planning horizon may also be required if necessary to capture the capital or operating budget implications of significant changes in service (e.g., Cross Valley Corridor).

B. Public Outreach
Proposer must ensure that the public is included in the planning process. In order to ensure equity, diversity, and inclusion, FTA’s Title VI Circular requirements pertaining to public outreach must be adhered to in this process.

Proposer must conduct a survey in association with developing the SRTP. The focus of the survey is threefold: 1) to inform CITY, TCAG, and interested stakeholders of the demographic profile of transit riders throughout Tulare County; 2) to provide information to CITY on travel patterns and characteristics of their customers; and, 3) to provide CITY, TCAG, and interested stakeholders with robust estimates of transit origin/destination patterns, which are important to analytical planning efforts.

In addition, the following public meetings must be incorporated as part of the submitted proposal:
• Conduct at least four (4) public outreach meetings to obtain system needs and present any changes to future service. One (1) of these meetings should be with the Social Services Transportation Advisory Council (SSTAC) to present draft information and receive their feedback on the direction of the plan. • Conduct at least one (1) outreach meeting with the operations contract staff (SM Transit) to obtain feedback and suggestions regarding the current operations. • Conduct at least one (1) outreach meeting with the Porterville Unified School District (PUSD) and Burton School District to discuss transportation for students.
• Provide at least one (1) presentation to TCAG, and at least one (1) presentation to the Porterville City Council. The presentations must be held during the release of the final draft of the plan.

City of Porterville
2025-2030 Short Range Transit Plan
C. Scope of The Short Range Transit Plan
The SRTP must contain at least the information described in this section.

Overview of Transit System
Brief Agency History
Information could include, but is not limited to:
• Year of formation
• Existing Service Profile
• Facilities and fleet development
• Changes in service focus areas
• Key milestones and events (e.g., COVID)
Governance

1. Type of unit of government (e.g., city, county, joint powers authority, transit district)

2. Composition and nature of representation of governing body:
a. Number of members
b. Elected or appointed (if appointed, how and what agencies and/or groups do members represent (e.g., cities, county, general public) c. Current members and terms
Transit Services Provided and Areas Served
Describe all transit services provided (e.g., fixed route, demand responsive, and connecting services and areas served, and the number of vehicles required for each type of service.) Revenue Fleet
Provide a general description of the revenue vehicle fleet. The description can be in narrative or graphic format, or a combination of both. (This description differs from the detailed inventory required under Section 6 of these guidelines). Include the following information:
• Types of vehicles operated (e.g., standard bus (any length), cutaway van, standard van). • Number of each type of vehicle
• Recognizing that each type of vehicle might be used in multiple types of service, type(s) of service in which each type of vehicle is used (e.g., local, express, commuter, demand response)
Existing Facilities
Describe individual or grouped facilities, according to the categories listed below.

1. Administrative (locations, age, functions located within)

City of Porterville
2025-2030 Short Range Transit Plan

2. Maintenance and Fueling/Charging (type, locations, age)

3. Vehicle Storage/Staging (locations, age, capacity)

4. Park-and-Ride (locations, age, capacity)

5. Stations and Stops (type, locations, age, basic amenities)

6. Right-of-Way

7. Bicycle Facilities
Service and System Evaluation
A. Evaluate route-level and system-wide performance against current service standards (if illustrative, portray local, express or commuter service, or other intercity service separately). Describe the evaluation process. Evaluate the most recent year for which complete data is available. At a minimum, evaluate performance measures relating to effectiveness and efficiency. Key performance measures could include passengers per revenue vehicle hour, passengers per revenue vehicle mile, percent of capacity used, revenue to total vehicle hours, operating cost per revenue vehicle hour, operating cost per passenger, and on-time performance. A retrospective portrayal of performance (e.g., prior five to ten years) may be warranted to exemplify trends. Where the evaluation identifies deviations from service standards, describe proposed remedies, including service expansion and/or contraction.

B. Identify paratransit services provided in compliance with the paratransit provisions of the Americans with Disabilities Act (ADA). Reference planned new activities, major service changes, or procurement of capital equipment to support ADA or other paratransit, dial-a-ride or demand responsive services. Identify other paratransit services with which services are coordinated, and any proposed revisions or improvements to fixed route services intended to enhance their usage by seniors and/or by persons with disabilities. Reference to participation with the TCAG Social Services Transportation Advisory Council (SSTAC) series is welcomed.

C. Provide the date of the agency’s most recent federal Title VI analysis and report and discuss any service deficiencies identified in the report. Generally, describe the process used for complying with FTA Circular C4702.1B. Please reference the most recent triennial Title VI report, plus any subsequent Title VI reports.

D. Provide the dates of the agency’s most recent FTA Triennial Review and TDA Triennial Performance Audit, including unmet needs, and describe related remedial actions undertaken or currently underway in response to the review.

E. Provide a description of the goals and objectives achieved that were outlined in the last SRTP, along with accomplishments that may have not been outlined, but were achieved due to circumstance.

F. Outline efforts to improve intercity and interregional transit connectivity with transit operators of neighboring counties with a focus of providing transit access from/through

City of Porterville
2025-2030 Short Range Transit Plan
Tulare County and to major employment centers in/outside of the county. Specifically provide a plan to connect with the future Cross Valley Corridor service as well as enhancing connectivity with the California High Speed Rail.

Goals and Standards
Describe the process for establishing, and updating agency goals and how the agency plans to meet state and federal standards. Goals and standards should be divvied up by time such as short-range (less than 5 years) and long-range (beyond 5 years). Please keep in mind the goals and standards should aim toward addressing state and federal mandates, including, but not limited to, performance-based planning and programming and Senate Bill 743.

Goals should be comprehensive and refer to the major areas of concern for public transit operators, including principals and guidelines under which new or modified service would be implemented.

Examples include, but not limited to:
• TCAG RTP/SCS goals
• Sustainability and climate resiliency
• Statutory and regulatory compliance
• Levels of service
• Funding and reserve policies
• Scheduling and Route planning
• Environmental and Social Justice
• Customer Service
• Fares and Transfers
Performance standards should at least refer to performance-based planning and programming targets identified in supplemental planning or policy documents. Service standards should be specific, measurable, and quantified where feasible.

Address performance-based planning and programming targets:
• Congestion vis PM 3
• Asset Management via PM 2 / TAM
• Safety via PM 1 / PTASP
• Title VI Requirements
• Alternative Fuel Deadline and Approach
• Policies and strategies aimed at meeting SB 743
Operations Plan and Budget
Operations Plan

City of Porterville
2025-2030 Short Range Transit Plan
The operations plan sets forth the intentions to provide fixed route, on-demand, and paratransit services over the SRTP period, and divvied up between short-range (less than 5 years) and longrange (beyond 5 years). Document the ongoing evaluation of services and systems with respect to adopted goals and standards, subject to financial constraints.

Explain how the operations plan meets federal, state, and local expectations/requirements.

A. Portray the levels of service planned – Use a table (or other graphic format) to portray planned levels of service hours and service miles. Separately identify the following:
a. Fixed Route modes by type (e.g., local, express, commuter) b. Demand Responsive modes by type (e.g., ADA, non-ADA older adult, transPORT)
c. Major planned service expansions.

The table (or other graphic format) shall clearly identify service expansion and/or reduction by the year of planned deployment (expansion) and/or elimination (reduction). There shall be a rational relationship between the information portrayed and the “Service and System Evaluation” section of the SRTP.

B. Describe and discuss planned (not yet implanted or underway) service changes in response to the most recent federal Title VI, FTA Triennial Review and/or TDA Triennial Performance Audit.

Operations Budget
Demonstrate that planned level of transit service over the planning period, including rehabilitation and replacement of capital assets, is sustainable. Take into consideration expense forecasts, regional and local revenue projections, fare policies, labor or service agreements, competitive demands on funding, regional priorities, and policies.

The budget should reflect a “baseline” level of service, taking into consideration the existing level of service at the time of publication of the SRTP. Committed service changes must also be defined, with their expenses and revenue separately identified in the operating and capital financial plan tables. Provide sufficient detail to allow a reviewer of the SRTP to evaluate costs of implementing the operating and capital plans and compare the total with anticipated revenues available during the study period.

The narrative must specifically explain, and the spreadsheet clearly isolate in the appropriate year, by mode, any major change in service hours and miles due to deployment of new service or major service reductions.

All operations expenses and revenues are to be stated in year of expenditure dollars, with the assumed escalation factors stated. All sources of revenue shown in the operations and in the capital financial plan should be identified individually. All assumptions that relate to expenditure and

City of Porterville
2025-2030 Short Range Transit Plan
revenue estimates must also be documented, including specification of ridership or sales growth (if appropriate) separately from inflation forecasts.

A spreadsheet format will be provided to be filled in with the relevant budget information.

Capital Improvement Program (Project List)
A. Describe and discuss the capital programs (vehicles, facilities, and equipment) required to carry out the operations and services set forth in the operating plan and budget. The Capital Improvement Plan (CIP) should provide the basis for requests for federal, state, and regional funding for capital replacements, rehabilitation, and expansion projects. The CIP should be divvied up into short-range (less than 5 years) and long-range projects (beyond 5 years), the short-range project must be financially constrained, where the long-range projects do not need to be. The long-rang, however, should reflect the operator’s reasonable expectation of funding, particularly as outlined in TCAG’s Regional Transportation Plan.

B. Describe/list short-range major facilities replacement, rehabilitation, upgrade, and expansion projects of the types listed below. Identify the locations of new or expanded facilities. Provide project budget, including costs, sources of funds and amounts from each source, identifying funds that have been programmed, allocated or received, and funds that have not been secured. Separately describe security projects. Specify if replacement and rehabilitation of facilities and equipment results in an asset that differs from the existing asset.
• Administrative
• Maintenance and fueling/charging
• Vehicle storage/staging
• Park-and-Ride
• Stations and stops
• Bicycle faculties
C. Transit Asset Management: Briefly describe any efforts to employ a systemic asset management program. Include current/past achievements and plans to upgrade or improve management (e.g., software tools, applications, business processes, integration into decision making processes). Agencies shall provide a brief statement and attach TAM Plan as an appendix.

Miscellaneous
• Progress meetings may be requested during the duration of the project, but must be held at a minimum of two (2) times per month.
• Proposer must provide meeting minutes and notes to CITY staff within five (5) business days after each meeting.
• Draft Plan: PDF format and Microsoft Word format

City of Porterville
2025-2030 Short Range Transit Plan
• Final Plan (post City Council approval): PDF format and Microsoft Word format • The Proposer employed to complete this study project will be expected to ensure compliance with all Federal, State, and regional planning and study requirements in plan development.

City of Porterville
2025-2030 Short Range Transit Plan
Exhibit A – Federal Clauses and Requirements
Contractor agrees to comply with the subsections of this Section and to include these requirements in all subcontracts of every tier. The following are Federal Clauses required:

ENERGY CONSERVATION REQUIREMENTS
The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

CLEAN WATER REQUIREMENTS
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

LOBBYING
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.

ACCESS TO RECORDS AND REPORTS
The following access to records requirements applies to this Contract:

1. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital

City of Porterville
2025-2030 Short Range Transit Plan
project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.

2. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

3. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).

4. FTA does not require the inclusion of these requirements in subcontracts.

FEDERAL CHANGES
Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.

CLEAN AIR
(1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. (2) The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by FTA.

NO GOVERNMENT OBLIGATION TO THIRD PARTIES
(1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.
(2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

City of Porterville
2025-2030 Short Range Transit Plan

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS
(1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

TERMINIATION
a. Termination for Convenience (General Provision) The City of Porterville may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City of Porterville to be paid the Contractor. If the Contractor has any property in its possession belonging to the City of Porterville, the Contractor will account for the same, and dispose of it in the manner the City of Porterville directs. b. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City of Porterville may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract.

If it is later determined by the City of Porterville that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City of Porterville, after setting up a new delivery of performance

City of Porterville
2025-2030 Short Range Transit Plan
schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience.
c. Opportunity to Cure (General Provision) The City of Porterville in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to the City of Porterville’s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from the City of Porterville setting forth the nature of said breach or default, the City of Porterville shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City of Porterville from also pursuing all available remedies against Contractor and its sureties for said breach or default.
d. Waiver of Remedies for any Breach In the event that the City of Porterville elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City of Porterville shall not limit the City of Porterville’s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. e. Termination for Convenience (Professional or Transit Service Contracts) The City of Porterville by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. f. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the City of Porterville may terminate this contract for default. The City of Porterville shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract.

If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient.

GOVERNMENT-WIDE DEBARMENT AND SUSPENSION
(NONPROCUREMENT)
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945.

City of Porterville
2025-2030 Short Range Transit Plan
The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.

By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:

The certification in this clause is a material representation of fact relied upon by the City of Porterville. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of Porterville, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

CIVIL RIGHTS REQUIREMENTS
The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

City of Porterville
2025-2030 Short Range Transit Plan
(b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. §§ 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.
(3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

BREACHES AND DISPUTE RESOLUTION
Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the City of Porterville’s [title of employee]. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the [title of employee]. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the [title of employee] shall be binding upon the Contractor and the Contractor shall abide be the decision.

Performance During Dispute - Unless otherwise directed by the City of Porterville, Contractor shall continue performance under this Contract while matters in dispute are being resolved.

Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages thereof shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage.

Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the City of Porterville and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the City of Porterville is located.

Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the City of Porterville, (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an

City of Porterville
2025-2030 Short Range Transit Plan
approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing.

DISADVANTAGED BUSINESS ENTERPRISE (DBE)
a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. A separate contract goal has not been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the City of Porterville deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).
c. The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance. d. The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency of the contract work and pay retainage to the prime contractor based on these acceptances. The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Any delay or postponement of payment may take place only for good cause and with the agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of: a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors. e. The contractor must promptly notify the City of Porterville, whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the City of Porterville.

INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION TERMS
The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1E, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The

City of Porterville
2025-2030 Short Range Transit Plan
Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions.

City of Porterville
2025-2030 Short Range Transit Plan
Exhibit B – Required Forms
Form A

ADDENDUM RECEIPT
______________________(PROPOSER) acknowledges it has received and read the following Addenda:

Addendum # ________________________ Signature ___________________________ Addendum # ________________________ Signature ___________________________ Addendum # ________________________ Signature ___________________________ Addendum # ________________________ Signature ___________________________ Addendum # ________________________ Signature ___________________________ Signature __________________________ Date _____________________ Title ___________________________ Company Name _________________________

City of Porterville
2025-2030 Short Range Transit Plan
Form B

NON-COLLUSION AFFIDAVIT FOR PROPOSER

STATE OF CALIFORNIA
COUNTY OF__________________
_________________________________________________________declares and says:

1. That he/she is the (owner, partner, representative, or agent) of , hereinafter referred to as
(CONTRACTOR) or (subcontractor).

2. That he/she is fully informed regarding the preparation and contents of this proposal for certain work in the City of Porterville, State of California.

3. That his/her proposal is genuine and is not collusive or a sham proposal.

4. That any of its officers, owners, agents, representatives, employees, or parties in interest, including this affiliate, has not in any way colluded, conspired, connived or agreed, directly or indirectly, with any other proposer, firm, or person to submit a collusive or sham proposal in connection with such contract or to refrain to submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful Contract or connivance with any other proposer, firm, or person to fix the price or prices in said proposal, or to secure through collusion, conspiracy, connivance, or unlawful Contract any advantage against the City of Porterville or any person interested in the proposed contract; and,

5. That the price or prices quoted in the proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful Contract on the part of the proposer or any of its agents, owners, representatives, employees, or parties in interest, including this affiliate.

I certify (or declare) under penalty of perjury, that the foregoing is true and correct.

Dated this day of , 2024, at , California.

Signed: ____________________
Title:______________________

City of Porterville
2025-2030 Short Range Transit Plan
Form C

CERTIFICATION OF RESTRICTIONS ON LOBBYING
I, , hereby certify on behalf of
, that:

1. No Federal appropriated funds have been paid or will be paid, by on or behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative Contract, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative Contract.

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

3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including sub grants, loans, and cooperative Contracts) which exceed $100,000, and that all such subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. §1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Executed this day of , of 2024.

Signature of Authorized Official _______________________________ Title of Authorized Official ___________________________________

City of Porterville
2025-2030 Short Range Transit Plan
Form D
ACKNOWLEDGEMENT OF “BEST VALUE” SELECTION PROCESS
PROPOSER hereby acknowledges that the selection process under this RFP will evaluate Proposals on a “Best Value” basis, which the Federal Transit Administration’s (FTA) Best Practices Manual defines as follows:
“Best Value” is a selection process in which proposals contain both price and qualitative components, and award is based upon a combination of price and qualitative considerations.

Qualitative considerations may include technical design, technical approach, quality of proposed personnel, and/or management plan. The award selection is based upon consideration of a combination of technical and price factors to determine (or derive) the offer deemed most advantageous and of the greatest value to the procuring agency.

As a result, PROPOSER further acknowledges that pricing will not be the sole basis upon which Proposals are evaluated.

An individual authorized to bind the PROPOSER to this Agreement must sign below acknowledging and understanding of the foregoing.

Signature _______________________________
Name __________________________________
Title ___________________________________
Date ___________________________________
Company Name __________________________

City of Porterville
2025-2030 Short Range Transit Plan
Exhibit C – Sample Professional Services Agreement

CITY OF PORTERVILLE

PROFESSIONAL SERVICES AGREEMENT WITH
[insert full name of Consultant and Project Name and/or number] This Professional Services Agreement (Agreement) is entered into between the City of Porterville, a municipal corporation (City), and _______________________ [complete name of legal business entity], a __________________ [business status, such as a California corporation] (Consultant). City and Consultant are referred to individually as “Party” and collectively as “Parties.”
Recitals
A. City desires to retain Consultant to complete a 2025-2030 Short Range Transit Plan (Project); and
B. On July 23, 2024, the City issued a Request for Proposals (RFP) for the 2025-2030 Short Range Transit Plan (Project). On August 22, 2024, Consultant submitted its proposal for the Project to the City. City has determined that Consultant submitted its proposal for the Project to the City. City has determined that Consultant possesses the skills, experience and certification required to provide the service.

C. After negotiations between the City and Consultant, the Parties have reached an agreement for the performance of services in accordance with the terms set forth in this Agreement.

D. This Agreement is being executed pursuant to Resolution No. ______-2024 approved by the Porterville City Council on ____________, 2024.

Now therefore, the Parties mutually agree as follows:

1. Scope of Work. Consultant shall perform the Services and complete the Project, which includes the services described in Exhibit “A” attached hereto and incorporated herein by reference. The services shall be performed by, or under the direct supervision of, Consultant’s Authorized Representative: __________________. Consultant shall not replace its Authorized Representative, nor shall Consultant use or replace any subcontractor or subconsultant, without City’s prior written consent. The City may terminate this Agreement if Consultant makes any such change or replacement, or uses any unapproved subcontractor or subconsultant.

2. Time of Performance. Time is of the essence in the performance of services under this Agreement and the timing requirements set forth shall be strictly adhered to unless otherwise modified in writing in accordance with this Agreement. Consultant shall begin performance promptly upon the mutual execution of this Agreement, and shall substantially complete all

City of Porterville
2025-2030 Short Range Transit Plan
required services no later than July 1, 2025. Any services for which times for performance are not specified in this Agreement shall be stated and completed by Consultant in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the Consultant by the City. Consultant shall submit all requests for time extensions to the City in writing no later than ten days after the start of the condition which purportedly caused the delay, and not later than the date on which performance is due. City may grant or deny such request in its sole and absolute discretion.

2.1. Term. The Term of this Agreement shall begin on _____________ and end on ___________, unless terminated in accordance with Section 6.

3. Compensation. City shall pay Consultant on a lump sum basis, at the billing rate set forth in Exhibit “C”, attached hereto and incorporated herein by this reference.

3.1. Not to Exceed Amount. Consultant’s billing rates shall cover all costs and expenses for Consultant’s performance of this Agreement. No work shall be performed by Consultant in excess of the total compensation amount provided in this section without the City’s prior written approval. Notwithstanding anything contained herein to the contrary, the payment of any funds under this Agreement shall be subject to the City of Porterville’s appropriation of funds for the Services. This Agreement shall terminate in the event that such funds are not appropriated.

3.2. Invoices. Consultant shall submit monthly invoice(s) to the City that describe the services performed, including times, dates, and names of persons performing the services.

3.2.1. Consultant’s failure to submit invoice(s) in accordance with these requirements may result in the City rejecting said invoice(s) and thereby delaying payment to Consultant.

3.3. Payment. Subject to the City acceptance of the Services as discussed in Exhibit A attached hereto and completion of the Project to the City’s satisfaction, within 30 days after the City’s receipt of invoice(s), City shall make payment to the Consultant based upon the services described on the invoice(s).

3.4. The acceptance by Consultant of the final payment made under this Agreement shall constitute a release of City from all claims and liabilities for compensation to Consultant for anything completed, finished or relating to Consultant’s services. Consultant agrees that payment by City shall not constitute nor be deemed a release of the responsibility and liability of Consultant or its employees, subcontractors, agents and subconsultants for the accuracy and competency of the information provided and/or services performed hereunder, nor shall such payment be deemed to be an assumption of responsibility or liability by City for any defect or error in the Services performed by Consultant, its employees, subcontractors, agents and subconsultants.

City of Porterville
2025-2030 Short Range Transit Plan

3.5. Consultant agrees to maintain books, accounts, payroll records and other information relating to the performance of Consultant’s obligations under the Agreement, which shall adequately and correctly reflect the expenses incurred by the Consultant in the performance of Consultant’s work under the Agreement. Such books and records shall be open to inspection and audit by the City during regular business hours for three years after expiration or termination of this Agreement.

4. Indemnification. Consultant shall, to the fullest extent permitted by law, indemnify, defend (with independent counsel approved by the City), and hold harmless the City from and against any claims arising out of Consultant’s performance or failure to comply with obligations under this Agreement, except to the extent caused by the sole, active negligence or willful misconduct of the City.

In the event there is a finding and/or determination that Consultant is not an independent contractor and/or is an employee of City, including but not limited to any such finding and/or determination made by the California Public Employees’ Retirement System (CalPERS), the Department of Industrial Relations (DIR), or the Internal Revenue Service (IRS), Consultant shall, to the fullest extent permitted by law, indemnify, defend, and hold harmless the City from and against any all claims relating to or in connection with such a finding and/or determination.

In this section, “City” means the City, its officials, officers, agents, employees and volunteers; “Consultant” means the Consultant, its employees, agents and subcontractors; “Claims” includes claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all related costs and expenses) and any allegations of these; and “Arising out of” includes “pertaining to” and “relating to”.
(The duty of a "design professional" to indemnify and defend the City is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness or willful misconduct of the design professional, under Civ. Code § 2782.8.)
Consultant and City mutually waive consequential damages for claims, disputes, or other matters in question, arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination of this Agreement.

The provisions of this section survive completion of the services or the termination of this Agreement, and are not limited by the provisions of Section 5 relating to insurance.

5. Insurance. Consultant shall, throughout the duration of this Agreement, maintain insurance to cover Consultant, its agents, representative, and employees in connection with the performance of services under this Agreement at the minimum levels set forth herein.

5.1. Commercial General Liability (with coverage at least as broad as ISO form CG 00 01 01 96) “per occurrence” coverage shall be maintained in an mount not less than $4,000,000

City of Porterville
2025-2030 Short Range Transit Plan
general aggregate and $2,000,000 per occurrence for general liability, bodily injury, personal injury, and property damage.

5.2. Automobile Liability (with coverage at least as broad as ISO CA 00 01 07 097, for “any auto”) “claims made” coverage shall be maintained in an amount not less than $1,000,000 per accident for bodily injury and property damage.

5.3. Workers’ Compensation coverage shall be maintained as required by the State of California.

5.4. Professional Liability “claims made” coverage shall be maintained to cover damages that may be the result of errors, omissions, or negligent acts of Consultant in an amount not less than $1,000,000 per claim.

5.5. Endorsements. Consultant shall obtain endorsements to the automobile and commercial general liability insurance policies with the following provisions:

5.5.1. The City (including its elected officials, officers, employees, agents, and volunteers) shall be named as an additional “insured.”

5.5.2. For any claims related to this Agreement, Consultant’s coverage shall be primary insurance with respect to the City. Any insurance maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it.

5.6. Notice of Cancellation. Consultant shall notify the City if the policy is canceled before the expiration date. For the purpose of this notice requirement, any material change in the policy prior to the expiration shall be considered a cancellation. Consultant shall immediately obtain a replacement policy.

5.7. Authorized Insurers. All insurance companies providing coverage to Consultant shall be insurance organizations authorized by the Insurance Commissioner of the State of California to transact the business of insurance in the State of California.

5.8. Insurance Certificate. Consultant shall provide evidence of compliance with the insurance requirements listed above by providing a certificate of insurance and endorsements, in a form satisfactory to the City, before the City signs this Agreement.

5.9. Substitute Certificates. Consultant shall provide a substitute certificate of insurance no later than 30 days prior to the policy expiration date of any insurance policy required by this Agreement.

5.10. Consultant’s Obligation. Maintenance of insurance by the Consultant as specified in this Agreement shall in no way be interpreted as relieving the Consultant of any responsibility whatsoever (including indemnity obligations under this Agreement), and

City of Porterville
2025-2030 Short Range Transit Plan
the Consultant may carry, at its own expense, such additional insurance as it deems necessary. Failure to provide or maintain any insurance policies or endorsements required herein may result in the City terminating this Agreement.

6. Termination. The City may terminate this Agreement in its sole and absolute discretion by giving ten (10) days’ written notice to Consultant. Within five (5) days of such a termination, Consultant shall give the City all original documents relating to the Services in Consultant’s possession or control, including, without limitation, preliminary drafts and supporting documents, and any other documents prepared by Consultant pursuant to this Agreement. The City shall pay Consultant for all services satisfactorily performed in accordance with this Agreement, up to the date notice is given.

7. Dispute Resolution. If any dispute arises between the City and Consultant that cannot be settled after engaging in good faith negotiations, City and Consultant agree to resolve the dispute in accordance with the following:

7.1. Each Party shall designate a senior management or executive level representative to negotiate the dispute.

7.2. The representatives shall attempt, through good faith negotiations, to resolve the dispute by any means within their authority,

7.3. If the issue remains unresolved after fifteen (15) days of good faith negotiations, the Parties shall attempt to resolve the disagreement by negotiations between legal counsel. If the aforementioned process fails, the Parties shall resolve any remaining disputes through mediation to expedite the resolution of the dispute.

7.4. The mediation process shall provide for the selection within fifteen (15) days by both Parties of a disinterested third person to serve as the mediator, shall be commenced within thirty (30) days of selection of a mediator, and shall be concluded within fifteen (15) days from the commencement of the mediation.

7.5. The Parties shall equally bear the costs of any third party in any alternative dispute resolution process.

7.6. The dispute resolution process is a material condition of this Agreement and must be exhausted prior to either Party initiating legal action. This dispute resolution process is not intended to nor shall be construed to change the time periods for filing a claim or action specified by Government Code §§ 900 et seq.

8. Ownership of Work. All original documents prepared by Consultant for this Agreement, whether complete or in progress, are the property of the City, and shall be given to the City at the completion of Consultant’s Services, upon termination of this Agreement, or upon demand

City of Porterville
2025-2030 Short Range Transit Plan
from the City. No such documents shall be revealed or made available by Consultant to any third party without the City’s prior written consent.

9. Independent Contractor Status. Consultant is an independent contractor and is solely responsible for the acts of its employees or agents, including any negligent acts or omissions.

Consultant is not City’s employee and Consultant shall have no authority, express or implied, to act on behalf of the City as an agent, or to bind the City to any obligation, unless the City provides prior written authorization. Consultant is free to work for other entities while under contract with the City. Consultant, and its agents or employees, are not entitled to City benefits.

Consultant shall be solely responsible for, and shall save the City harmless from, all matters relating to the payment of Consultant’s employees, agents, subcontractors and subconsultants, including compliance with social security requirements, federal and State income tax withholding and all other regulations governing employer-employee relations. The City reserves the right to contract with other firms and/or consultants during the term of this Agreement to provide the City the same or similar services that Consultant is providing to the City under this Agreement. Nothing contained in this Agreement guarantees Consultant a certain amount of work, and the City may, in its sole and absolute discretion, allocate and/or delegate work to Consultant so as to satisfy the City’s needs.

10. Conflicts of Interest. Consultant (including its employees, agents, and subconsultants) shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Agreement. If Consultant maintains or acquires such a conflicting interest, the City may terminate any contract (including this Agreement) involving Consultant’s conflicting interest.

11. Rebates, Kickbacks, or Other Unlawful Consideration. Consultant warrants this this Agreement was not obtained or secured through rebates, kickbacks, or other unlawful consideration either promised or paid to any City official or employee. For any breach of this warranty, City shall have the right, in its sole discretion, to terminate this Agreement without liability; to pay only for the value of the work actually performed; to deduct from the contract price the value of the rebate, kickback, or other unlawful consideration; or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration.

12. Notices. All notices, demands, or other communications which this Agreement contemplates or authorizes shall be in writing and shall be personally delivered or mailed to the other party to the addresses listed below. Communications shall be deemed to have been given on the first to occur of: (1) actual receipt at the address designated below, or (2) three working days after the deposit in the Unitied States Mail of registered or certified mail, sent to the address designated below.

To City: To Consultant
City of Porterville ____________________________
Transportation Department ____________________________
291 N. Main Street ____________________________
Porterville, CA 93257 ____________________________

City of Porterville
2025-2030 Short Range Transit Plan

13. Miscellaneous

13.1. Standard of Care. Unless otherwise specified in this Agreement, the standard of care applicable to Consultant’s services will be the degree of skill and diligence ordinarily used by reputable professionals performing in the same or similar time and locality, and under the same or similar circumstances.

13.2. Amendments. This Agreement may not be modified orally or in any manner other than by an agreement in writing signed by both Parties.

13.3. Waivers. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement. No waiver shall be effective unless it is in writing and signed by the waiving party.

13.4. Assignment and Delegation. Consultant may not assign, transfer or delegate this Agreement or any portion of it without the City’s prior written consent. Any attempt to do so will void. City’s consent to one assignment, transfer or delegation shall not be deemed to be consent to any subsequent assignment, transfer or delegation.

13.5. Jurisdiction and Venue. The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California.

Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Tulare.

13.6. Compliance with Law. Consultant shall comply with all applicable local, state, and federal laws, whether or not those laws are expressly stated in this Agreement.

13.6.1. Prevailing Wage Laws. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates; employment of apprentices (§ 1777.5), certified payroll records (§1776), hours of labor (§1813 and §1815), debarment of contractors and subcontractors (§1777.1) and the performance of other requirements on “public works” and “maintenance” projects. If the services being performed under this Agreement are part of a “public works” or “maintenance” project, as defined in the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. These prevailing rates are on file with the City and are available online at http://www.dir.ca.gov/DLSR.

Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents, harmless from any and all claims, costs, penalties, or interests arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

13.6.2. Non-discrimination. Consultant represents and warrants that it is an equal opportunity employer and it shall not discriminate against any subconsultant,

City of Porterville
2025-2030 Short Range Transit Plan
employee or applicant for employment because of race, color, national origin, handicap, ancestry, sex or age. Consultant shall also comply with all applicable antidiscrimination federal and state laws, including but not limited to, the California Fair Employment and Housing Act (Gov. Code 12990 (a-f) et seq.)

13.7. Business Entity Status. Consultant is responsible for filing all required documents and/or forms with the California Secretary of State and meeting all requirements of the Franchise Tax Board, to the extent such requirements apply to Consultant. By entering into this Agreement, Consultant represents that it is not a suspended corporation. If Consultant is a suspended corporation at the time it enters this Agreement, City may take steps to have this Agreement declared voidable.

13.8. Business License. Before the City signs this Agreement, Consultant shall obtain a City of Porterville Business License. Consultant shall maintain an active City of Porterville Business License during the term of this Agreement.

13.9. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns.

13.10. Construction of Agreement. Each Party hereto has had an equivalent opportunity to participate in the drafting of this Agreement and/or to consult with legal counsel.

Therefore, the usual construction of an agreement against the drafting Party shall not apply hereto.

13.11. Severability. If a term of this Agreement is held invalid by a court of competent jurisdiction, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in effect.

13.12. Controlling Provisions. In the case of any conflict between the terms of this Agreement and Exhibits hereto, and Consultant’s proposal (if any), the Agreement shall control. In the case of any conflict between the Exhibits hereto and the Consultant’s proposal (if any), the Exhibits shall control.

13.13. Entire Agreement. This Agreement and the Attached Exhibits comprise the entire integrated understanding between the Parties concerning the services to be performed.

This Agreement supersedes all prior negotiations, representations or agreements. All exhibits attached hereto are incorporated by reference herein.

13.14. Counterparts. City and Consultant agree that this Agreement may be executed in two or more counterparts, each of which shall be deemed an original.

13.15. Expenses for Enforcement. Consultant and City agree that the prevailing party’s reasonable costs, attorneys’ fees and expenses, including investigation fees and expert

City of Porterville
2025-2030 Short Range Transit Plan
witness fees, shall be paid by the non-prevailing party in any dispute involving the terms and conditions of this Agreement.

14. Signatures. The individuals executing this Agreement on behalf of Consultant represent and warrant that they have the right, power, legal capacity and authority to enter into and to execute this Agreement on behalf of Consultant.

The Parties agree to the full performance of these terms set forth here.

City of Porterville Consultant
291 N. Main Street ____________________________
Porterville, CA 93257 ____________________________
By: Martha A. Flores____________ By: _________________________ Title: Mayor _____ Title: ________________________
Date: __________________ Date: ________________________ Federal Employer Tax ID No. ____________
Signature: _____________________ Signature: ___________________________ Attest:
_____________________________
Patrice Hildreth, City Clerk
Approved as to form:
_____________________________
Julia M. Lew, City Attorney
Exhibits:

A. RFP No. 2025-2030 Short Range Transit Plan
B. Consultant Proposal
C. Compensation

Item No. 15.

CITY COUNCIL AGENDA – JULY 16, 2024
SUBJECT: Authorization to Distribute a Request for Proposals (RFP) for Contract Planning Services
SOURCE: Community Development
COMMENT: The Community Development Department's Planning Division is responsible for developing Long Range Planning policies and reviewing current planning applications for adherence to the Porterville Development Ordinance within the City of Porterville Planning Area. As the City Council is aware, the City Planner position has been and remains vacant due to unsuccessful attempts to recruit a qualified individual. In fact, the City of Porterville is not alone in this challenge, as statewide, public agencies are struggling in the recruitment of planning and engineering professionals. In response to these challenges, the City has relied upon contracted planning services to assist City planning staff with certain tasks that exceed the current capacity of internal staff. The continued need for the services of a contract planner currently exists and will remain necessary to fulfill the needs of the Community and maintain the level of service required to move projects forward. In the meantime, the Community Development Department will work with the Human Resources Division to strategize on recruitment efforts.

Staff has prepared a Request for Proposals and at this time is requesting authorization to distribute said RFP for contract planning services.

RECOMMENDATION: That the City Council authorize staff to distribute a Request for Proposals for contract planning services.

ATTACHMENTS: 1. RFP-Contract Planning Services-2024
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Patrice Hildreth, City Manager

REQUEST FOR PROPOSALS (RFP)
City of Porterville
Contract Planning Services
RFP SUBMITTAL DEADLINE – Friday, August 30, 2024,
by 4:00 P.M.

CONTACT:

Claudia Calderon
Community Development Director
City of Porterville 291 N Main St
Porterville, CA 93257
(559) 782-7460
E-mail: [email protected]
Submit Questions or Comments to the above email by August 27, 2024 by 2:00 P.M.
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CITY OF PORTERVILLE REQUEST FOR PROPOSALS FOR PLANNING SERVICES The City of Porterville, California is soliciting proposals from qualified firms or teams of consultants to augment professional city planning services. Consultants will provide City with independent planning services similar to a fully functioning planning agency, supporting the duties of the Planning Department. Contract staff would not need to be in-house, but instead would coordinate with City staff via email and phone calls to exchange information, with meeting or assignments. In general, the consultant will not exceed 20 hours per week. All work hours shall be reported to the Community Development Department in a form acceptable to the department. The Community Development Department has sought interest for Senior Level planner and has not received eligible candidate and as a result the Planning Division is short staffed for an undetermined period of time. We estimate a need for staff services to prepare staff reports, assist in project review, document preparation and other planning tasks as needed over the next year.

Ideally, just one or two staffers would complete all efforts for this task, to limit the learning curve for Porterville’s Development Ordinance and projects. Wherever possible, examples will be provided to assist the consulting planner in preparation of documents to Porterville’s expectations.

The contract planning staff would work primarily with Community Development Director, Claudia Calderon, but may also be coordinating with other Community Development Department staff as well as staff from other departments. Interface with developers or the public may be needed on large projects and through the Project Review Committee meetings. It is expected that the City would need no more than 20 hours per week of assistance.

Scope of Services:
• Recurring, as needed services of processing entitlements • Assist in the Project Review Committee process
• Assist in long range planning document preparation
• Prepare and/or manage the preparation of CEQA environmental documents including filing draft documents with the State Clearinghouse. Prepare General and Categorical Exemptions.
• Produce staff reports including Findings, Conditions of Approval, Attachments and Resolutions.
• Prepare noticing documents prior to public hearings.
• Attend meetings with applicants and with various City departments, as necessary. • Attend and present projects at City Council meetings. • Submit invoices with sufficient detail to allow the Finance Department to track hours on ministerial permits and to bill applicants for discretionary projects. • Staff liaison to committee and community groups
• Assist with Community Outreach and Stakeholder Workshop process 3 | Page
• Assist staff with legislative updates
• Other planning tasks as needed.

Background
The City of Porterville (“City”), California is an incorporated city of 62,934 located in southeastern Tulare County, at the foothills of the picturesque Sierra Nevada Mountain range, located on State Route 65, 165 miles north of Los Angeles and just 17 miles off State Route 99.

The City is approximately 17.7 square miles and is situated in the eastern edge of the fertile San Joaquin Valley, an agricultural region of statewide and national importance.

Preliminary Timeline
RFP Announced July 19, 2024
Deadline for RFP Questions August 27, 2024 by 2:00 P.M.

Proposals Due August 30, 2024, by 4:00 P.M.

Interviews (if needed) September 9, 2024
Council Approval September 17, 2024 or soon thereafter
Proposal Requirements
a. Cover Letter: Maximum of two pages serving as an executive summary which shall include an understanding of scope ofservices.
b. Brief Company Profile. General company information including number of employees, location of company headquarters and branch offices, number of years in business and organization. Describe the general qualification of the consultant as they relate to the work proposed in the RFP.
c. Organization and Staffing. Provide a list of consultant’s employees and agents which the consultant anticipates assigning to this project.
d. Description and Approach. The proposal should demonstrate the Consultant's knowledge of the needs and objectives of the work proposed under thisRFP. e. Cost Proposal. The cost proposal shall include the hourly rate for services. Include any sub-consultant fee schedule, if applicable. This should include hourly billable cost of each team member; Senior Planner, Associate Planner, etc. f. Resume, Relevant Project/Services with References. Provide resumes of the individual(s) from the Proposer’s firm or entity that will be directly responsible for carrying out the contract, references to include name, address, contact person and phone number of the municipality/company, length of time services were provided, and a description of the services provided.
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RFP Questions
To assist firms interested in submitting proposals to the City for contract planning services, clarification questions may be submitted to Claudia Calderon by email at [email protected] by August 27, 2024. Include “RFP Questions” in the subject line of theemail.

RFP Location on the City Website
www.ci.Porterville.ca.us (Bid Documents)
Publicpurchase.com
Proposal Submittal
The consultant shall submit its proposal via email to [email protected] with “Contract Planning Services-Proposal” in the subject line or through the public purchase website at publicpurchase.com.

The chosen consultant will be expected to execute a standard City agreement, attached as Exhibit A hereto. Any requested revisions to the agreement must be included with the proposal.
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EXHIBIT A

CITY OF PORTERVILLE

AGREEMENT FOR SERVICES
THIS AGREEMENT, made and entered into this ____ day of _____, 20__, between the City of Porterville, a municipal corporation, hereinafter referred to as "City" and __________, hereinafter referred to as "Consultant". In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. SCOPE OF SERVICES. Consultant agrees to perform the services set forth in Exhibit A “SCOPE OF SERVICES” and made a part hereof. Consultant shall perform all of these services to the satisfaction of the City. Consultant represents and warrants that it has the qualifications, experience, licenses and facilities to properly perform said services in a thorough, competent and professional manner and shall, at all times during the term of this Agreement, have in full force and effect, all licenses required of it by law.

2. STATUS OF CONSULTANT. Consultant is, and shall at all times, remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.

Consultant shall not disseminate any information or reports gathered or created pursuant to this Agreement without the prior written approval of City except information or reports required by government agencies to enable Consultant to perform its duties under this Agreement.

3. CONSULTANT KNOWLEDGE OF APPLICABLE LAWS. Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall beliable, at law or in equity, as a result of any failure of Consultant to comply with thissection.

4. PERSONNEL. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant's staff assigned to perform the services hereunder. The personnel performing the services under this Agreement on behalfof Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees or agents, except as set 6 | Page
forth in this Agreement.

Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.

5. COMPENSATION AND METHOD OF PAYMENT. Compensation and reimbursement to the Consultant shall be as set forth in Exhibit A attached hereto and made a part hereof. The total compensation, including reimbursement for actual expenses, shall not exceed $______ unless additional compensation is approved in writing by the City Council or City Manager. Payments shall be made within thirty (30) days after receipt of each invoice as to non-disputed fees. If the City disputes any of Consultant’s fees, it shall give written notice to Consultant in (thirty) 30 days of receipt of an invoice of any disputed fees set forth on the invoice.

6. ADDITIONAL SERVICES OF CONSULTANT. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Council. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Council and Consultant at the time City's written authorization is given to Consultant for the performance of said additionalservices.

7. ASSIGNMENT. The expertise and experience of Consultant are material considerations for this Agreement. City has an interest in the qualifications of and capability of the persons and entities who will fulfill the duties and obligations imposed upon Consultant under this Agreement. In recognition of that interest, Consultant shall not assign or transfer any of portion this Agreement or the performance of any of Consultant’s duties or obligations under this Agreement without the prior written consent of the City Council. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach of this Agreement entitling City to any and all remedies at law or in equity, including summary termination of thisAgreement.

8. FACILITIES AND RECORDS. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City, or its designees, at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow 7 | Page
inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of five years after receipt of final payment.

9. TERMINATION OF AGREEMENT. This Agreement will commence on _____, ___ and shall terminate on ______, _____, unless otherwise extended by written agreement of the parties. This Agreement may be terminated with or without cause by either party upon ten (10) days written notice. In the event of such termination, Consultant shall be compensated for non-disputed fees under the terms of this Agreement up to the date of termination.

10. COOPERATION BY CITY. All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Scope of Services, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.

11. OWNERSHIP OF DOCUMENTS. Upon satisfactory completion of, or in the event of termination, suspension or abandonment of, this Agreement, all original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of City. With respect to computer files, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computerfiles.

12. RELEASE OF INFORMATION. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization excepting that information which is a public record and subject to disclosure pursuant to the California Public Records Act. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena.

If Consultant or any of its officers, employees, Consultants or subcontractors does voluntarily provide information in violation of this Agreement, City has the right to reimbursement and indemnity from Consultant for any damages caused by Consultant's conduct, including the City's attorney's fees.

Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, 8 | Page
request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed hereunder or with respect to any project or property located within the City.

City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

13. CONFLICTS OF INTEREST. Consultant covenants that neither Consultant nor any officer or principal of Consultant's firm has any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of services herein. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by Consultant as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. If required by the City Manager, Consultant's principles, officers, employees or agents shall file disclosure statements pursuant to the Political Reform Act, Government Code Section 87200.

City understands and acknowledges that Consultant is, as of the effective date of this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Consultant is unaware of any stated position of City relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section, unless otherwise required by law.

14. DEFAULT. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default and may terminate this Agreement immediately by written notice to the Consultant. Default shall mean any failure to comply with any covenant, condition or term of thisAgreement.

15. INDEMNIFICATION. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend , and hold harmless the CITY, its officers, employees, agents and volunteers (“City Indemnitees”), from and against any and all causes of action, claims, liabilities, obligations, judgments, or damages, including reasonable legal counsels’ fees and costs of litigation (“claims”), arising out of the CONSULTANT’s performance of its obligations under this agreement or out of the operations conducted by CONSULTANT, including the CITY’s active or passive negligence, except for such loss or damage arising from the sole negligence or willful misconduct of the CITY. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONSULTANT’s performance of this agreement, CONSULTANT shall provide a defense to the City Indemnitees, or at the City’s option, reimburse the City Indemnitees their costs of defense, including reasonably legal counsels’ fees, incurred in defense of such claims. 9 | Page
If pursuant to this agreement, CONSULTANT is providing design professional services, the above paragraph and any provisions, clauses, covenants, and agreements contained in, collateral to, or affecting this agreement, that purports to indemnify, including the duty and the cost to defend, the indemnitee by a design professional against liability for claims against the indemnitee, shall be unenforceable, except to the extent that the claims against the indemnitee arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional. In no event shall the cost to defend charged to the design professional exceed the design professional’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the design professional shall meet and confer with other parties regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in this section. This section shall not be waived or modified by contractual agreement, act, or omission of the parties. Contractual provisions, clauses, covenants, or agreements not expressly prohibited herein are reserved to the agreement of the parties.

For purposes of this section, “design professional” includes all of the following:

A. An individual licensed as an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, and a business entity offering architectural services in accordance with that chapter.

B. An individual licensed as a landscape architect pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the Business and Professions Code, and a business entity offering landscape architectural services in accordance with that chapter.

C. An individual registered as a professional engineer pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code, and a business entity offering professional engineering services in accordance with that chapter.

D. An individual licensed as a professional land surveyor pursuant to Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code, and a business entity offering professional land surveying services in accordance with that chapter.

The provisions of this section pertaining to the duty and cost to defend shall not apply to either of the following:

A. Any contract for design professional services, or amendments thereto, where a project-specific general liability policy insures all project participants for general liability exposures on a primary basis and also covers all design professionals for their legal liability arising out of their professional services on a primary basis. 10 | Page
B. A design professional who is a party to a written design-build joint venture agreement.

16. INSURANCE. The Consultant agrees to maintain in force at all times the following insurance with a current A.M. Best's rating of no less than A:VII:

A. Worker's Compensation insurance covering employees of the Consultant in such amounts as required by law.

B. Commercial General Liability insurance in the amount of Two Million Dollars ($2,000,000), naming the City as an additional insured.

C. Professional liability insurance in an amount of Two Million Dollars ($2,000,000).

D. Errors and Omissions liability insurance in the amount of Two Million Dollars ($2,000,000) per occurrence.

E. Automobile liability insurance in the amount of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage.

F. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the Consultant shall reduce or eliminate such deductible or self-insured retentions as respects the City, its officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.

G. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees and volunteers to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees or volunteers.

2. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Consultant, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, 11 | Page
its officers, officials, employees or volunteers.

4. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after (30) day's prior written notice by Certified Mail, Return Receipt Requested, has been given to the City.

H. Consultant shall furnish the City Clerk annually with original endorsements affecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications in the form of a Certificate of Insurance.

17. NON-DISCRIMINATION CLAUSE. Consultant shall not discriminate, in any way, against any person on the basis of race, religious creed, color, national origin, ancestry, sex, sexual orientation, age, physical handicap, medical condition, marital status, or any other classification protected by law in connection with or related to the performance of this Agreement and shall comply with the provisions of the State Fair Employment Practices Act as set forth in Part 4.5 of the Division 2 of the California Labor Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88- 352, and all amendmentsthereto; ExecutiveOrder No. 11246; and all administrative rules and regulations issued pursuant to such acts and order.

18. FEDERAL IMMIGRATION AND NATIONALITY ACT. To the extent required by all applicable laws, Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act. Should Consultant so employ unauthorized persons for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the City for such use of unauthorized persons, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith.

19. ENTIRE AGREEMENT. This Agreement is the complete, final, entire, and exclusive expression of the Agreement between the parties hereto and supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representations by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid and 12 | Page
binding.

20. NO PRESUMPTION RE: DRAFTER. The parties acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed between the parties and their attorneys, and this Agreement reflects their mutual agreement regarding the same. Because of the nature of such negotiations and discussions, the parties agree that it would be inappropriate to deem any party to be the drafter of this Agreement, and therefore no presumption for or against validity or as to any interpretation hereof, based upon the identity of the drafter shall be applicable in interpreting or enforcing this Agreement.

21. ASSISTANCE OF COUNSEL. Each party to this Agreement warrants to each other party, as follows:

A. That each party either had the assistance of counsel or had counsel available to it, in the negotiation for, and execution of, this Agreement, and all related documents; and
B. That each party has lawfully authorized the execution of this Agreement.

22. GOVERNING LAW. The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. This Agreement is entered into and is to be performed in Tulare County, California.

23. MODIFICATION OF AGREEMENT. The terms of this Agreement can only be modified in writing approved by the City Council and the Consultant. The parties agree that this requirement for written modifications cannot be waived and any attempted waiver shall be void.

24. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of Consultant warrants and represents that they have the authority to execute this Agreement on behalf of his/her/their corporation and warrants and represents that he/she/they has/have the authority to bind Consultant to the performance of its obligations hereunder.

25. NOTICES. All notices required or permitted to be given pursuant to this Agreement shall be in writing and shall be personally delivered, or sent by facsimile and certified mail, postage prepaid and return receipt requested, on the party to be notified, addressed as follows:

To City
Attention:

City of Porterville
291 N Main St.
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Porterville, CA 93257
To Consultant
Attention: Consultant Contact
Consultant Name
Consultant Mailing Address
The notices shall be deemed to have been given as of the date of personal service, or three (3) days after the date of deposit of the same in the custody of the United States Postal Service.

26. SEVERABILITY. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of thisAgreement.

27. MEDIATION. In the event of a dispute between the parties, and prior to the commencement of any litigation, the parties agree to engage in good faith efforts to mediate the dispute, and to mutually agree on a mediator for that purpose.

28. ATTORNEYS’ FEES. If any litigation is commenced between the parties to this Agreement concerning the Agreement or the rights and duties of either in relation to the Agreement, the party prevailing in that litigation shall be entitled, in addition to any other relief that may be granted in the litigation, to a reasonable sum as and for its attorneys’ fees in the litigation, which shall be determined by the court in that litigation or in a separate action brought for that purpose.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

City of Porterville Consultant Name
__________________________ __________________________
Martha A. Flores, Mayor Name, Title
Item No. 16.

CITY COUNCIL AGENDA – JULY 16, 2024
SUBJECT: Authorization Request for Proposals - Emergency Board-Up Service SOURCE: Parks and Leisure Services
COMMENT: The City of Porterville is in need of board-up services for City and/or privately owned structures caused by fire, vehicle accident, vandalism, trespassing and related activities, natural disaster, nuisance, and/or other causes. Emergency board-up service is initiated by a City officer to secure unsafe conditions and is authorized by the Municipal Code as a requirement to enforce health and safety regulations. When the City takes action to board-up property, the property owner is charged for the cost of board-up, in addition to any applicable administrative fees. Staff proposes to issue a Request for Proposals (RFP) for qualified, licensed contractors to provide emergency property board-up services on a rotating basis. A draft RFP is provided as an attachment. The most recent RFP issued for emergency board-up services was done in March 2019.

Work orders placed on an emergency basis shall be completed the same day as directed by City staff. This time element for emergency services is necessary for public safety. Such service requests will be scheduled by work orders issued for various jobs by the City of Porterville Building Official, Fire Marshal, or their designee who will provide a work order to the Contractor detailing the date, time, address, and description of the property or properties at which the structure or structures are to be secured. This information will provide the necessary authorization for the Contractor to commence work. Upon completion of the work, the Contractor shall prepare an invoice containing the number of windows, doors, etc., indicating any special sizes or other apertures, and cost of the project in accordance with contract provisions. The invoice shall be returned to the City with the work order. The Contractor shall notify the responsible staff person after work has been completed. A site visit shall be made with the City Building Official, Fire Marshal, or their designee to verify completion and compliance with the contract specifications. No payments shall be approved without a physical site visit and a sign-off acceptance by the designated City staff representative. All windows and doors, fire escapes, and other external wall openings shall be boarded in an approved manner to prevent entry by unauthorized persons.

When temporary fence panels are installed, they will remain on the property until the hazard has been abated. Standard rates shall apply for all issued work orders. Emergency call-outs for services rendered from 6:00 PM to 6:00 AM, and on all City-recognized holidays shall be eligible for an 'after-hours' charge.

The after-hours charge shall be clearly indicated on the RFP. All work will be completed in a professional and craftsman-like fashion, including cleanup of Item No. 16.
work debris.

RECOMMENDATION: That the City Council authorize staff to distribute a Request for Proposals for emergency property board up services.

ATTACHMENTS: 1. Draft RFP Emergency Board Up Service
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: Patrice Hildreth, City Manager

CITY OF PORTERVILLE

REQUEST FOR PROPOSALS FOR

EMERGENCY BOARD-UP SERVICE
RFP No. ________
The City of Porterville, (hereinafter “City”) is initiating this Request for Proposals (RFP) to solicit Proposals from companies or individuals that are qualified, licensed contractors to provide emergency securing and board-up services for private houses, commercial buildings and other structures within City limits, or on City owned properties outside the City limits, 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. The City intends to select one (1) qualified applicant to provide full emergency board-up service for the City of Porterville.

This document identifies the general scope and procedures in this process. Responding applicants must have relevant experience and the ability to provide the requisite professional services.

Submittal: One PDF version must be received by:
5:00 p.m., PST Friday, August 16, 2024
Addressed to: City of Porterville
Fire Prevention
Attention: Clayton Dignam
[email protected]
Email Subject: RFP No. ________ Emergency Board-Up Service 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, August 14, 2024.

The City of Porterville is an Equal Opportunity Employer.

I. INTRODUCTION
City, through its Parks Department, Building, Fire Prevention, and Code Enforcement Divisions, is initiating this RFP to solicit Proposals from companies or individuals that are qualified, licensed contractors to provide emergency securing and board-up services for private houses, commercial buildings, and other structures within City limits, or on City owned properties outside the City limits, 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. The selected company or individual 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.

II.MINIMUM QUALIFICATIONS
The Proposer must have a minimum of three (3) years of work providing similar services; strong communication skills; ample experience in providing invoices and paperwork related to the scope of service performed; and be able to provide the minimum categories and amounts of insurance required.

III. 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 September 18, 2024, and to end on September 18, 2029, with the opportunity to extend the contract (5) five more years based on performance, and mutually agreed upon by both parties.

IV. SCOPE OF SERVICES
The City of Porterville is seeking Proposals from companies or individuals with experience in emergency board-up. The services shall include, but not limited to the following:

1. All windows and doors, fire escapes, and other external wall openings shall be boarded in an approved manner.

2. Board-up work to be performed in the timeframe deemed appropriate by City staff on a case by case basis.

3. Prepare a work order/invoice upon project completion.

V. 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.

VI. ADDENDA
It is the responsibility of Proposer to check the purchasing webpage https://www.publicpurchase.com for Addenda or other additional information that may be posted regarding this RFP.

VII. QUESTION DEADLINE
Questions regarding this project are due no later than Wednesday, August 14, 2024, through https://www.publicpurchase.com.

VIII. RESPONSE DATE
All Proposals shall be received by the City of Porterville by 5:00 p.m. PST on the Public Purchase website, or submitted by email in a PDF format to [email protected]. by Friday, August 16, 2024.

IX. 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 Code Enforcement Division via Public Purchase’s website.

X. SELECTED COMPANY OR INDIVIDUAL RESPONSIBILITIES
The selected company or individual 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 company or individual to be the sole point of contact with regard to contractual matters, including payment of any and all charges resulting from the contract.

XI. CONTRACT PAYMENT
The selected company or individual will submit invoices to the City of Porterville’s Finance Department.

Payment for contract services entered into as a result of this RFP within shall be made within the timeframe specified in the contract.

XII. EQUAL OPPORTUNITY AFFIRMATIVE ACTION
The selected company or individual shall adhere to all federal and state regulations in respect to equal opportunity, affirmative action and minority representations. Minority companies and women owned 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 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.

XIII. 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
C. Proposer’s Team Structure / Internal Controls
Provide a description of the Proposer’s team structure. Provide an organizational chart of the company or individual indicating lines of authority for personnel involved in performance of this potential contract.

D. Experience of the Proposer
Indicate the experience the Proposer has in the following areas:
i. Indicate other relevant experience that indicates the qualifications of the Proposer, and any team members, 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 e-mail addresses. The Proposer grants permission to the City to contact the list provided.

E. References
List names, addresses, telephone numbers, and e-mail addresses of three (3) businesses 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.

F. 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:
i. Not litigated due to inaction on the part of the Proposer, or ii. 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.

XIV.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. At a minimum the cost proposal shall include professional service fees for implementation and related services, if any.

XV. 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:

A. Price: Analysis of cost competitiveness.

B. Responsiveness to RFP Requirements: Quality of the information submitted in the Proposal based on completeness, relevance, conciseness and organization of material presented.

C. Project Understanding: The level to which the Proposer understands the needs of the City, and the scope of the RFP.

D. Proposer’s Experience: Recent experience in providing similar golf management services to other public agencies.

E. 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 available source 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. 17.

CITY COUNCIL AGENDA – JULY 16, 2024
SUBJECT: Authorization to Distribute a Request for Proposals for Expansion of Navigation Center
SOURCE: Community Development
COMMENT: At its meeting on November 19, 2019, the City Council authorized the acquisition of the former Vine Street School, located at 140 South C Street, from Porterville Unified School District for the purposes of developing a navigation center to assist individuals experiencing homelessness in Porterville.

The site is comprised of two parcels totaling approximately 1.37 acres. Since January 2020, the City has been leasing the property for those purposes. APN 261-113-011 has three former portable classrooms on permanent foundations, and through the use of a grant, the former lessee converted two of the portable classrooms to housing (15 emergency beds and 15 transitional housing beds) and the third classroom to office space. At its meeting on May 23, 2023, the Council directed staff to expand the navigation center as support for efforts to reduce homelessness in the community was a significant priority.

The Porterville Navigation Center (PNC) began operations in September 2020 and has served a total of 2,577 unduplicated individuals through the end of June 2023, with twenty-five (25) individuals being placed into permanent housing.

Kings View began operating the navigation center on June 30, 2023, and in the last year has served an additional one thousand one hundred thirty (1,130) unduplicated individuals with sixteen (16) individuals being placed into permanent housing.

At its meeting on July 18, 2023, the City Council provided direction for staff to seek expansion options for the installation of a prefabricated dining facility with commercial kitchen and office space and a sanitation facility with public restrooms and showers at the PNC. City staff reached out to various companies to determine its feasibility and in January 2024 brought back options for City Council's consideration and sought direction as to what amenities to add to the navigation center and what funding should be used.

Staff has since prepared a Request for Proposal (RFP) to solicit proposals from qualified licensed and bonded contractors/firms, hereinafter called Proposer, to design, construct, deliver and install a prefabricated dining facility with commercial kitchen, office space and a sanitation facility with public restrooms and showers for the PNC.

The project will be funded by the American Recovery Plan Act (ARPA) State and Local Fiscal Recovery Funds previously earmarked by the City Council at Item No. 17.
its meeting on June 20, 2023, for homeless services. The Interim Final Rule for ARPA funds is considered an eligible expense under section 35.6 (b)(12) (C) (ii) Programs or services that address housing insecurity, lack of affordable housing, or homelessness, including (A) Supportive housing or other programs or services to improve access to stable, affordable housing among individuals who are homeless. These funds must be obligated by December 2024 and fully expended by December 2026.

RECOMMENDATION: That the City Council authorize staff to distribute a Request for Proposals for a prefabricated dining and sanitation facility for the Porterville Navigation Center.

ATTACHMENTS: 1. RFP - Navigation Center Expansion
Appropriated/Funded:

Review By:

Department Director:

Claudia Calderon, Community Development Director
Final Approver: Patrice Hildreth, City Manager

REQUEST FORPROPOSALS
Design/Installation of Prefabricated Dining
Hall and Sanitation Facility
RFP No._________
July 2024
PREPARED BY:

COMMUNITY DEVELOPMENT DEPARTMENT
July 2024
Design/Installation of Prefabricated Dining Hall and Sanitation Facility 2 RFP #____
I INTRODUCTION AND OBJECTIVES:

The City of Porterville (hereinafter referred to as ''CITY'') is soliciting proposals from qualified licensed and bonded contractors/firms, hereinafter called Proposer, to design, construct, deliver and install prefabricated dining facility with commercial kitchen and office space and a sanitation facility with public restrooms and showers for the Porterville Navigation Center (PNC), located at 140 S C St, Porterville CA 93257; a project funded by the American Recovery Plan Act (ARPA) State and Local Fiscal Recovery Funds previously earmarked by the City Council for a homeless services.

These funds must be obligated by December 2024 and fully expended by December 2026.

The proposed facilities are to be delivered and assembled at the PNC, placed in its final location, and receive turnkey installation by Proposer. The facility will provide much needed services for people experiencing homelessness who attend the PNC seeking housing services. The City of Porterville anticipates the project contract to be awarded in the fall of 2024 at a regular City Council meeting, that off-site planning and fabrication starting as soon as possible for on-site construction and installation to be completed as soon as possible; but no later than the 2025 summer.

II EXAMINATION OF PROPOSALS:

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

III ADDENDA/CLARIFICATIONS:

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

IV PROPOSAL REQUIREMENTS:

The following are to be included in every Proposal:

A. Proposal Form
B. Introduction

1. Prove a brief description of the Proposer’s relevantexperience

2. Provide comments on the proposed project, if any.

C. Provide a list ofsubcontractors
D. Provide an Itemized list of all costs to complete theproject

1. Total cost shall include all design, labor, materials, tools, equipment, and incidental costs to design, construct, deliver and install - in-place, a fully functioning prefabricated dining facility with commercial kitchen and office Design/Installation of Prefabricated Dining Hall and Sanitation Facility 3 RFP #____
space and a sanitation facility with public restrooms and showers in accordance with the specifications contained herein and manufacturer instructions.

2. Total cost shall include each required feature and any potential extra labor, materials, tools, equipment and incidental costs to manufacture, deliver, completeand install in-place.

E. Design Concept

1. Provide detailed plan drawing labeling all equipment, plumbing & electrical layout, and concrete areas. Drawings shall be to scale and legible.

2. Provide 3D renderings of the proposed layout plan. Drawings shall be to scale and legible.

3. Provide specifications and color images for all components utilized in the modular dining and sanitation facility design.

4. Provide color palette of regularly available colors to select from for the designed features.

5. Provide Equipment Warranty Information
F. Work Plan

1. Provide a detailed project schedule outlining all sequencing andtime.

G. Guarantee
H. Insurance Certification
I. References

1. Provide references from at least three (3) other clients of similar scope that have been installed by your company in the last five (5) years.

2. Include name of project, description of project, year completed, and project contact name, phone, and email address.

V REQUIREMENTS AT TIME OF EXECUTION AND PRIOR TO COMMENCEMENT OF WORK:

The successful Proposer will be required to submit the following documentation, in a form satisfactory to the City of Porterville, at the time of execution of Contract; as applicable:

1. 100% Performance Bond

2. 100% Labor and Materials Bond

3. CA DIR contractor registration

4. Insurance Documents
a. General Liability Policy
b. Automobile Liability Policy
c. Employer’s Liability Policy
d. Workman’s Compensation
e. Professional Liability Insurance

5. Executed Agreement
The successful Proposer will be required to submit the following within 60 days of Notice Design/Installation of Prefabricated Dining Hall and Sanitation Facility 4 RFP #____
to Proceed (or at a schedule agreed upon between CITY and selected PROPOSER.)

1. Construction Plans and Specifications for the Final design concept

2. City of Porterville Business License
VI Proposal SUBMISSION:

Submittal: One PDF file must be received by:

Friday, August 30, 2024, by 4:00 pm.

Via the Public Purchase Website: www.publicpurchase.com

Or
Three (3) copies of the Proposal shall be submitted in a sealed envelope, plainly marked “Design/Installation of Prefabricated Dinning Hall and Sanitation Facility” addressed to:

Claudia Calderon, Community Development Director
Department City of Porterville
291 N. Main Street Porterville, CA 93257
Document Title: RFP No. _______ Design/Installation of Prefabricated Dining Hall and Sanitation Facility
The City reserves the right to reject any and all Proposals, which do not meet the requirements of this RFP and/or any portion of the requirements of this project.

Late proposals will not be accepted and will be automatically disqualified from further consideration. All proposals and any accompanying documentation become the property of the City of Porterville and will not be returned.

INQUIRIES: Proposal forms may be inspected and electronically downloaded at no cost, at the Public Purchase website, www.publicpurchase.com. No copies of said documents will be provided by the City. All addenda and correspondence during the bid process will be handled electronically through the Public Purchase website. Questions regarding this project are due no later than Monday, August 12, 2024.

VII PRE-CONTRACTUAL EXPENSES:

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

Design/Installation of Prefabricated Dining Hall and Sanitation Facility 5 RFP #____
CITY shall not be liable for any pre-contractual expenses incurred by Proposer in the preparation of Proposals. Pre-contractual expenses shall not be included in the cost proposal.

VIII EXCEPTIONS/DEVIATIONS:

Any exceptions to the requirements of this RFP must be included in the Proposer's Proposal. Such exceptions must be included as a separate element of the Proposal entitled “Exceptions and Deviations.”
IX REPRESENTATIVE:

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

X LOCAL AGENCY REPRESENTATIVE:

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

XI INSURANCE REQUIREMENTS:

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

XII INDEMNIFICATION:

The Proposer 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 Design/Installation of Prefabricated Dining Hall and Sanitation Facility 6 RFP #____
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 Proposer and its sub Proposer arising out of performance requirements of the Contract.

XIII SUBCONTRACTING:

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

XIV FEDERAL, STATE, AND LOCAL LAWS:

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

XV PROPOSAL EVALUATION CRITERIA:

After the submission deadline, CITY selection committee, consisting of the Contract Administrator and at least two additional staff members familiar with the project requirements, will review all Proposals and rank Proposers based on the following:

1. Qualifications

2. Design Concept

3. Quality and Warranty

4. Work Plan

5. Project Schedule/Timeline

6. Overall Cost
Based on the proposal evaluations, the committee will make Proposer/design recommendations to the City of Porterville City Council. The City Council will make the final determination at a regularly scheduled City Council meeting and an agreement will be negotiated with the selected Proposer. The City reserves the right to make minor changes to the selected design within the scope and budget with the selected Proposer.

RFP outcome will be released following City Council decision.

The City of Porterville will be solely responsible for the decision to accept or reject the submission.

XVI SELECTION AND INTERVIEWS:

CITY selection committee, consisting of the Contract Administrator and at least two Design/Installation of Prefabricated Dining Hall and Sanitation Facility 7 RFP #____
additional staff members familiar with the project requirements, will review all Proposals and rank Proposer according to their demonstrated competence and professional qualifications as assessed by their response to this RFP. The top three (3) highest ranked Proposer(s) may be invited for oral interviews with CITY team to determine the top-rated Proposer. However, in the event one or two proposals are clearly superior to all other proposals, The City of Porterville reserves the right to eliminate the oral interview process and present their recommendation to the City Council based solely on the proposals. Staff shall make a recommendation to the City Council to award a contract to the top-rated Proposer.

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

Interviews are tentatively scheduled for September 9, 2024. Each participating Proposer 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 nonresponsive 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.

XVII CONTRACTS/AGREEMENTS:

The successful Proposer shall enter into upcoming Contracts with CITY that are based on the contents of this RFP, the Proposer's Proposal and CITY Contract. Where two or more Proposers desire to submit a Proposal (joint venture), only one Proposer shall be listed as prime Proposer. All others shall be listed as sub-Proposers. The chosen Proposer is tentatively scheduled to be presented at the City Council meeting on Tuesday, September 17, 2024. Issuance of this RFP 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 RFP, and cancel any or all portions of this RFP and resulting Contract.

XVIII COMPENSATION:

All items of work required for completion of the project/s to result from this RFP shallbe paid for following the cost proposal format specified in each task order request. Costs for any and all items not specifically listed, but required to complete the work for Design/Installation of Prefabricated Dining Hall and Sanitation Facility 8 RFP #____
projects (including all exceptions and deviations stated included in Proposer'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 RFP. Only a change in scope or any significant task addition or increase shall receive consideration for additional compensation.

A. lf the Proposer 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 Proposer on a fair and equitable basis.

B. Monthly progress payments will be made to the Proposer 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.

XIX 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 Proposer 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.

Design/Installation of Prefabricated Dining Hall and Sanitation Facility 9 RFP #____

CITY OF PORTERVILLE
Request for Proposals for Design/Installation of
Prefabricated Dining Hall and Sanitation Facility
The City of Porterville (hereinafter referred to as ''CITY'') is requesting statements of proposals (Proposals) from bids from qualified, licensed and bonded contractors/firms (hereinafter referred to as Proposer for the purpose of designing, constructing, delivering and installing prefabricated a dining facility with commercial kitchen and office space and a sanitation facility with public restrooms and showers for the Porterville Navigation Center (PNC). This project is an expansion of the current residential facility with day services.

The selected Contractor will be responsible for all architectural planning and design, cost estimating, scheduling, value engineering, constructability review during the design and construction document phases, preparation of all construction documents with required architect and engineer seals, as necessary and the bonding, construction and warranty of the entire project. In addition, the Contractor will be responsible for coordinating the project with the City of Porterville and securing all necessary permits and approvals.

The proposal shall include equipment and furniture based upon the final agreed upon design; contractor will install the equipment in compliance with all applicable codes and standards. The Proposer shall construct the building offsite as a permanently re-locatable building, transport it to the final required destination, and install the building turnkey.

No site visit is required, and no pre-bid meeting will be held. See appendix B for existing site photos and locator map of the approximate location for installation of buildings.

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

SCOPE OF WORK:

The site is within the City limits of the City of Porterville, located at 140 S C St. Porterville, CA 93257, and will provide expanded services at the current Navigation Center to include a dining facility with a commercial kitchen and office space, 4 restrooms and 3 shower stalls.

The work performed under this contract consist of, but is not limited to: furnishing all material, labor, tools, and expendable equipment for the design, construction of a prefabricated dining and sanitation facility, delivery and installation of said facilities (including site preparation).

The design can encompass all amenities or they can be two separate structures but shall include:

1. Dining Facility
a. Commercial kitchen
b. At least 3 office spaces
Design/Installation of Prefabricated Dining Hall and Sanitation Facility 10 RFP #____
c. Dining seating to accommodate at least 100 guests

2. Sanitation Facility
a. Prefabricated restroom shall have four (4) ACC/RR/ADA all gender restrooms, two (2) split level and ADA compliant drinking fountains, and one (1) utility/storage room that shall include all accessories, hook-ups, lighting, and electrical panel. Preferred items include stainless steel fixtures, toilets and urinals, sink, touchless sink faucet, soap dispenser, seat cover dispenser, paper towel dispenser, recessed waste and sanitary receptable, and a baby changing station. The building to include interior and exterior lights, interior FRP walls, and passive ventilation.
b. Prefabricated showers shall have (3) showers and at least one of those shall be ADA accessible (Also provide an option for exterior showers) DESIRABLE QUALIFICATIONS:

The City is seeking qualified and licensed professionals to provide code compliant plans, specifications, related documentation, and full installation of the facilities described within this RFP. The desired Proposer/s shall have the following qualifications:

1. Appropriate licensing to complete the work.

2. Previous experience in design/installation of prefabricated facilities as described in the scope of work.

3. The Proposer’s proven ability to expeditiously and accurately produce and install the required product in a concise and professional manner.

4. The “Proposer team” should be comprised of professionals with the requisite expertise to complete public facilities.

5. The “Proposer team” should have a track record working within a time line and budget.

LOCAL AGENCY RESPONSIBILITIES:

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

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

The CITY’s Contract Administrator shall be responsible for the following:
o Serve as the CITY’s primary contact person for the Proposer Design/Installation of Prefabricated Dining Hall and Sanitation Facility 11 RFP #____
o Monitor the Proposer’s progress and provide direction o Review billings and determines whether costs billed are reasonable in relation to the work performed during billing period
o Approve the Proposer’s progress payments
o Identify other CITY personnel for Proposer to contact, if needed All records and documentation produced by the Proposer become property of the CITY.

Design/Installation of Prefabricated Dining Hall and Sanitation Facility 12 RFP #____
Appendix A

PROPOSAL FORM
RFP No. ____________
Submit this Form, completely filled out and signed, along with your completed Proposal, which must include the below listed items in the Request for Proposal.

Proposal must include the following items:

1. ☐ INTRODUCTION

2. ☐ LIST OF SUBCONTRACTORS

3. ☐ ITEMIZED LIST OF ALL COSTS

4. ☐ DESIGN CONCEPT

5. ☐ WORK PLAN

6. ☐ PROJECT SCHEDULE/TIMELINE

7. ☐ REFERENCES

8. ☐ GUARANTEE

9. ☐ INSURANCE CERTIFICATION
The undersigned offers and agrees to perform all work, upon which the prices are quoted, at the price set on the Proposal Form, if this Proposal is accepted within sixty (45) days of the submission due date. The undersigned certifies that all restroom building equipment and materials specified in this proposal meet or exceed all required standards. The undersigned further agreesthatif approved, building installation work will be provided by a licensed contractor qualified to install this type of equipment.

Proposer acknowledges receipt of the followingAddenda:_ WARNING: If an addendum or addenda have been issued by the administering agency and not noted above as being received by the Proposer, this proposal may berejected.

TOTAL COST OF PROPOSAL: $
PROPOSER’S INFORMATION
By signing below, the signee name below is authorized to do so for the listed company, as listed on the Bidders Information section and by electronically signing below, the business named below expressly agrees to execute this contract electronically and each signature signifies as a legally bound e-signature per the U.S. Electronic Signature and Records Association Act and Uniform Electronic Transitions Act.

By signing below, I certify all of the above figures have been carefully checked and understands that the City shall not be responsible for any errors or omissions on the part of the undersigned in making up this bid.

By signing below, I certify I have visited the project site, aware of existing conditions which affect the Design/Installation of Prefabricated Dining Hall and Sanitation Facility 13 RFP #____
work, and reviewed the Contract Documents, including all Addenda.

By signing below, I certify under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and thatthe bidder has complied with the requirements of Section 8103 ofthe Fair Employment and Housing Commission
Regulations (Chapter 5, Title 2 of the California Administrative Code).

By signing below, I certify under penalty of perjury under the laws of the State of California and the United States of America, that Non-Collusion Declaration of Contractor; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct.

1. Proposing Firm 2.

Type of Business Corporation Jt. Venture
Partnership
Individual DBA

3. Business Address 4. Telephone Number
( )
City State Zip
Code

5. Fax Number

6. E-mail Address 8. Signature of Authorized Person

7. Name of Authorized Person

LIST OF SUBCONTRACTORS
The undersigned certifies that he/she has used the sub-bids of the following listed Subcontractors in making up his/her Proposal, and that the duly licensed Subcontractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with the applicable provisions of these Specifications and Plans.

CLASSIFICATION SUBCONTRACTOR ADDRESS & TELEPHONE NO. STATE LICENSE Design/Installation of Prefabricated Dining Hall and Sanitation Facility 14 RFP #____
Date Proposer’s Name
Design/Installation of Prefabricated Dining Hall and Sanitation Facility 15 RFP #____

GUARANTEE
The undersigned guarantees to the Owner
That the construction and installation of work for:

Project:

Contract:

Shouldany ofthematerials or equipment prove defective orshouldthework as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work of any part thereof fail to operate properly as originally intended and in accordance with the Plans and Specifications, due to any of the above causes, all within twelve (12) months after the date on which the contract is accepted by the owner, the undersigned agrees to reimburse the Owner, upon demand, for its expense incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materialsreplaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, or, upon demand by the owner, to replace any such material and to repair said work completely without cost to the owner, so that said work will function successfully as originally contemplated.

In the event the owner elects to have said work performed by the undersigned, the owner undersigned agrees that the repairsshall be furnished and installed within a reasonable time after the receipt of the demand from the Owner. If the undersigned shall fail or refuse to comply with his obligations under this guaranty, the Owner shall be entitled to all costs and expenses, including attorney’s fees, reasonably incurred by reason of said failure or refusal.

Contractor:

Business Name:

Name:

Title:

Signature: Date
Design/Installation of Prefabricated Dining Hall and Sanitation Facility 16 RFP #____

INSURANCE CERTIFICATION
By signing below, I hereby certify that
(Insert company name)
is currently insured by an insurance company that is an “Authorized” carrier by the Insurance Commissioner of the California State Department of Insurance to transact the business of insurance in the State of California and shall be written by insurers with a current A.M. Best Rating of “A-” or better, and a financial size of “VII” or greater. Said insurance will expire on .

I further hereby certify that, as the signer of this Bid Proposal, I have read and understand the City’s insurance requirements as described in the Section entitled “Certificate of Insurance” within these Specifications and that proof of insurance shall be required before the Public Works Services Contract is recommended for award. Such proof shall be provided on an ISO Accord 25(s) form and an endorsement naming the City of Coalinga as additionally insured is on the ISO CG 20 10 11 85 form or any other comparable endorsement, which does not further limit coverage, and which may be approved and accepted by theCity.
(Print name)
Signature of Bidder:
(Date)
Design/Installation of Prefabricated Dining Hall and Sanitation Facility 17 RFP #____

REFERENCES
The Proposer shall provide below at least three (3) separate project references with similar size and design of building and restroom services asspecified herein for a previousfive (5) year period from the issuance of this document.

Reference #1
Client
Contact Name
Phone Number
Email
Project Name
Description and Year Completed
Reference #1
Client
Contact Name
Phone Number
Email
Project Name
Description and Year Completed
Reference #1
Client
Contact Name
Phone Number
Email
Project Name
Description and Year Completed
Design/Installation of Prefabricated Dining Hall and Sanitation Facility 18 RFP #____
Appendix B: Site Pictures & Maps
Design/Installation of Prefabricated Dining Hall and Sanitation Facility 19 RFP #____

Item No. 18.

CITY COUNCIL AGENDA – JULY 16, 2024
SUBJECT: Authorization to Advertise for Bids - Butterfield Stage Corridor Project SOURCE: Engineering and Project Management
COMMENT: The Plans and Project Manual have been prepared for the Butterfield Stage Corridor Project. The project will develop an active transportation corridor of approximately 3.9 miles in length along the former Southern Pacific Railway line that will include solar lighting, water stations, benches, wayfinding, and controlled crossing systems.

The Engineer's Estimate of Probable cost for this project is $16,781,566.00. An additional $1,678,156 is necessary for construction contingency (10%) and $1,678,156 is required for construction management, surveying, quality control, and inspection services (10%), equating to a total construction cost of $20,137,878.

Funding for this project is an Active Transportation (ATP) grant in the amount of $6,700,000 requiring a total amount of $13,437,878 of the City's share of the Measure 'R' Alternate Transportation Funds to fully fund the project. Amended Supplemental Agreements and related resolutions for the Measure 'R' Alternate Transportation Funds will be brought back for Council authorization if necessary during the bid award process.

RECOMMENDATION: That the City Council:

1. Approve the staff's recommended Plans and Project Manual;

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

3. Authorize the City Engineer to negotiate construction surveying services with one of the firms as approved by Council MO #04-041922.

ATTACHMENTS: 1. Locator Map

2. Engineer's Estimate of Probable Cost
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager
Item No. 18.
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65 PORTER
RD

VILLA ST

REID AVE

NORTH GRAND AVE

INDIANA ST

PROSPECT ST

MATHEW ST

NEWCOMB ST WESTFIELD AVE

HENDERSON AVE

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

JAYE ST

SCRANTON AVE

PROSPECT ST

WORTH AVE

GIBBONS AVE

POPLAR AVE

DATE AVE

LIME ST

TEAPOT DOME AVE

SPRINGVILLE AVE

PORTER RD

ORANGE AVE

WESTFIELD AVE

VILLA ST

INDIANA ST

OLIVE AVE

MORTON AVE

HENDERSON AVE

PLANO ST

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

OLIVE AVE

ORANGE AVE

MORTON AVE

MAIN ST

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

ITEM UNIT UNIT PRICE TOTAL
NO. ($) ($)
A1 Mobilization & Demobilization 1 LS 250,000.00 250,000.00 A2 Furnish & Implement Traffic Control System 1 LS 100,000.00 100,000.00 A3 SWPPP, Stormwater Pollution Prevention Plan 1 LS 25,000.00 25,000.00 A4 Dust Control and Project Site Maintenance 1 LS 20,000.00 20,000.00 A5 Construction Notification Signs 3 EA 1,500.00 4,500.00 A6 Portable Changeable Message Signs (PCMS) 9 EA 1,000.00 9,000.00 A7 Miscellaneous Facilities and Operations 1 LS 50,000.00 50,000.00 A8 Furnish Utility Locating 1 LS 75,000.00 75,000.00
A9 Tree Removal, Clearing & Grubbing, Demolition, Soil Remediation 1 LS 100,000.00 100,000.00 A10 Reset Survey Monument to Grade 12 EA 750.00 9,000.00 A11 Sawcut & Remove Exist. Curb Ramp 2 EA 1,500.00 3,000.00 A12 Sawcut & Remove Exist. Drive Approach 4,018 SF 4.00 16,072.00 A13 Sawcut & Remove Exist. Curb & Gutter 1,467 LF 25.00 36,675.00 A14 Sawcut & Remove Exist. Sidewalk 4,433 SF 4.00 17,732.00 A15 Sawcut, Grind, and Remove Exist. Asphalt Concrete (F) 478 SY 20.00 9,560.00 A16 Remove Exist. AC Overlay (Olive, Putnam, Thurman, Morton Ave) 72 SY 10.00 720.00 A17 Hot Mixed Ashpalt (Type A, 1/2" Gradation) 2,372 TON 140.00 332,080.00 A18 Class 2 Aggregate Base 3,647 TON 45.00 164,115.00
A19 Remove Exist. Trail Surfacing 17,367 SY 5.00 86,835.00 A20 Trail Earthwork 1 LS 875,000.00 875,000.00
A21 Benches 20 EA 6,200.00 124,000.00
A22 Shade Canopy with Solar Lighting 10 EA 80,000.00 800,000.00 A23 Trash Cans 10 EA 2,200.00 22,000.00
A24 Bike Racks 10 EA 620.00 6,200.00
A25 Removable Bollard 61 EA 850.00 51,850.00
A26 Permanent Bollard 12 EA 850.00 10,200.00
A27 Drinking Fountains 9 EA 4,100.00 36,900.00
A28 Trail Main Signage 3 EA 60,000.00 180,000.00
A29 Trail Info Signage 12 EA 1,800.00 21,600.00
A30 Gabion Wall 148 LF 110.00 16,280.00
A31 Decorative Fencing 227 LF 140.00 31,780.00
A32 Solar Trail Lights 197 EA 10,000.00 1,970,000.00
A33 Concrete Curb Ramp 26 EA 7,500.00 195,000.00
A34 4-Inch Stamped Concrete at Seating Areas 2,526 SF 18.00 45,468.00 A35 4-Inch Concrete at Seating Areas 1,952 SF 14.00 27,328.00 A36 4-Inch Concrete Sidewalk 8,223 SF 14.00 115,122.00
A37 6-Inch Concrete Drive Approach 732 SF 16.00 11,712.00 A38 8-Inch Concrete Drive Approach 3,673 SF 18.00 66,114.00 A39 6-Inch Decomposed Granite 851 SF 10.00 8,510.00
A40 Concrete Curb & Gutter 1,449 LF 45.00 65,205.00
A41 Concrete Retaining Curb 387 LF 35.00 13,545.00
A42 48-Inch Concrete Vee Gutter 73 LF 50.00 3,650.00
A43 Detectable Warning Panels 209 SF 50.00 10,450.00
A44 4-Inch Stamped Concrete at Drive Approaches 151 SF 18.00 2,718.00 A45
Rectangular Rapid Flahing Beacon (RRFB) and In Road Warning Light (IRWL) System (Orange Ave, Putnam Ave, Thurman St, Belleview Ave, 6 EA 50,000.00 300,000.00 A46 Pedestrain Hybrid Beacon near College Ave Midblock 1 LS 250,000.00 250,000.00 A47 Pedestrian Hybrid Beacon near Vandalia Ave Midblock 1 LS 250,000.00 250,000.00 A48 Pedestrian Hybrid Beacon at Olive Ave Midblock 1 LS 250,000.00 250,000.00 A49 Pedestrian Hybrid Beacon at Morton Ave Midblock 1 LS 250,000.00 250,000.00 A50 Pedestrian Hybrid Beacon at Henderson Ave Midblock 1 LS 250,000.00 250,000.00 A51 Pedestrian Hybrid Beacon at Main St and Date Ave 1 LS 250,000.00 250,000.00 A52 Signing, Striping, and Pavement Markings - Trail 1 LS 10,000.00 10,000.00 A53 Signing, Striping, and Pavement Markings - Roadway 1 LS 75,000.00 75,000.00

PART A (ATP ITEMS)
Butterfield Stage Corridor Preliminary Cost Estimate

DESCRIPTION OF WORK QUANTITY
A54 Landscape Architecture 1 LS 1,096,000.00 1,096,000.00 A55 Irrigation 1 LS 442,000.00 442,000.00
A56 Street Light 3" Conduit per SCE Plans and Specifications 1 LS 75,000.00 75,000.00 A57 Street Light Pull Boxes per SCE Plans and Specifications 1 LS 15,000.00 15,000.00 A58 Unknown Underground Site Conflicts 1 LS 100,000.00 100,000.00 A59
Sawcut & Remove Exist. Curb Ramp and Adjacent Improvements (Olive & E St, Olive & D St, Morton & D St, Henderson & Main St) 15 EA 1,500.00 22,500.00 A60
Sawcut, Grind, and Remove Exist. Asphalt Concrete (Olive & E St, Olive & D St, Morton & D St, Henderson & Main St) (F) 269 SY 20.00 5,380.00 A61 Hot Mixed Ashpalt (Type A, 1/2" Gradation) 117 TON 140.00 16,380.00 A62 Concrete Curb Ramp and Adjacent Improvements 15 EA 10,000.00 150,000.00 A63 18-Inch Storm Drain Pipe - PVC PS 115 623 LF 250.00 155,750.00 A64 36-Inch Storm Drain Pipe - Class III RGRCP 866 LF 350.00 303,100.00 A65 36-Inch Storm Drain Shut Off Valve 1 EA 5,000.00 5,000.00 A66 48-Inch Storm Drain Manhole 2 EA 10,000.00 20,000.00 A67 60-Inch Storm Drain Manhole 3 EA 15,000.00 45,000.00 A68 Adjust Storm Drain Manhole to Finished Grade 5 EA 1,500.00 7,500.00 A69 12-Inch Water Main - PVC C900 DR 18 3,266 LF 120.00 391,920.00 A70 16-Inch Non-Potable Water (NPW) Main - PVC C900 DR 18 18,703 LF 160.00 2,992,480.00 A71 16-Inch Non-Potable Water (NPW) Main - PVC C900 DR 14 203 LF 500.00 101,500.00 A72 16-Inch Non-Potable Water (NPW) Main - HDPE C906 DR 11 272 LF 500.00 136,000.00 A73 Casing End Seal 2 EA 500.00 1,000.00
A74 PVC to HDPE Adapter 2 EA 1,000.00 2,000.00
A75 24-Inch Welded Steel Encasement Pipe with Insulators 260 LF 500.00 130,000.00 A76 12-Inch Gate Valve 12 EA 3,500.00 42,000.00
A77 16-Inch Butterfly Valves 58 EA 5,000.00 290,000.00
A78 Blow-Off Assembly 2 EA 1,000.00 2,000.00
A79 Air Release / Vacuum Breaker Assembly 4 EA 12,000.00 48,000.00 A80 Emergency Call Boxes 20 EA 5,500.00 110,000.00
A81
Traffic Signal Modification to Video Detection System (Olive & E St, Olive & D St, Morton & D St, Henderson & Main St) 4 EA 175,000.00 700,000.00 A82 Traffic Signal Interconnect 1 LS 100,000.00 100,000.00 A83 60-Inch Culvert - Class III RCP 32 LF 1,200.00 38,400.00 A84 Structural Reinforced Concrete, Wingwalls, and Headwalls (F) 88 CY 2,500.00 220,000.00 A85 Concrete Barrier Type 842A 89 LF 275.00 24,475.00
A86 Thermoelastic 1/4 Mile Markers 14 EA 2500.00 35,000.00 15,693,306.00
B1 Mobilization & Demobilization 1 LS 25,000.00 25,000.00 B2 Furnish & Implement Traffic Control System 1 LS 10,000.00 10,000.00 B3 SWPPP, Stormwater Pollution Prevention Plan 1 LS 5,000.00 5,000.00 B4 Dust Control and Project Site Maintenance 1 LS 5,000.00 5,000.00 B5 Construction Notification Signs 1 EA 2,500.00 2,500.00 B6 Portable Changeable Message Signs (PCMS) 1 EA 1,000.00 1,000.00 B7 Miscellaneous Facilities and Operations 1 LS 10,000.00 10,000.00 B8 Furnish Utility Locating 1 LS 10,000.00 10,000.00
B9 Tree Removal, Clearing & Grubbing, & Demolition 1 LS 10,000.00 10,000.00 B10 Reset Survey Monument to Grade 3 EA 750.00 2,250.00 B11 Hot Mixed Ashpalt (Type A, 1/2" Gradation) 212 TON 140.00 29,680.00 B12 Class 2 Aggregate Base 540 TON 45.00 24,300.00
B13 Remove Exist. Trail Surfacing 1,715 SY 5.00 8,575.00 B14 Trail Earthwork 1 LS 68,000.00 68,000.00
B15 Removable Bollard 3 EA 775.00 2,325.00
B16 Trail Main Signage 1 EA 45,000.00 45,000.00
B17 Decorative Fencing 94 LF 110.00 10,340.00
B18 Drinking Fountain 1 EA 3,600.00 3,600.00
B19 Solar Trail Lights 19 EA 10,000.00 190,000.00
B20 Detectable Warning Panels 25 SF 50.00 1,250.00
B21 Signing, Striping, and Pavement Markings - Trail 1 LS 5,000.00 5,000.00

BID PART B SOUTH PHASE - COLLEGE AVENUE TO YATES STREET (CITY ITEMS)

PART A (CITY ITEMS)
Part A Subtotal
B22 Landscape Architecture 1 LS 197,000.00 197,000.00
B23 Irrigation 1 LS 74,000.00 74,000.00
B24 Unknown Utility Conflicts 1 LS 10,000.00 10,000.00
B25 16" Non-Potable Water (NPW) Main - PVC C900 DR 18 1,909 LF 160.00 305,440.00 B26 16" Butterfly Valves 3 EA 5,000.00 15,000.00
B27 Blow-Off Assembly 1 EA 1,000.00 1,000.00
B28 Air Release / Vacuum Breaker Assembly 1 EA 12,000.00 12,000.00 B29 Thermoelastic 1/4 Mile Markers 2 EA 2500.00 5,000.00 1,088,260.00
16,781,566.00
Part B Subtotal
Total (A+B)
Item No. 19.

CITY COUNCIL AGENDA – JULY 16, 2024
SUBJECT: Authorization to Award Contract - Main Street Reconstruction Project, Phase 2A (Garden Avenue to Putnam Avenue)
SOURCE: Engineering and Project Management
COMMENT: On July 8, 2024, staff received three bids for the Main Street Reconstruction Project, Phase 2A (Garden Avenue to Putnam Avenue). This project consists of the removal and replacement of existing asphalt. The project also includes the installation of a new barrier curb and gutter, detectable warnings, and conduit for fiber optic line.

The Engineer's Estimate of Probable Cost for the project was $1,214,704.70.

The low bid presented by Mac General Engineering, Inc of Exeter is $1,322,219.00, which is $107,514.3 higher than the Engineer's Estimate (8.85%). An additional $132,221 is necessary for construction contingency (10%) and $132,221 is required for construction management, surveying, quality control, and inspection services (10%); equating to a total construction cost of $1,586,661.

Funding for this project is provided from Road Maintenance Rehabilitation Account (SB1/Special Gas Tax Funds) in an amount up to $1,603,387. SB1 Funds remaining after this project is complete are to be applied to the Main Street Reconstruction Project, Phase 2B between Olive Avenue and Garden Avenue.

The bids are as follows:

Contractor Bid Amount
MAC General Engineering, Inc.

Exeter, CA
$1,322,219.00
Granite Construction Company
Fresno, CA
$1,764,236.00
Cal Valley Construction
Fresno, CA
$2,154,088.00
Staff has found the low bid acceptable.

RECOMMENDATION: That City Council:

1. Award the Main Street Reconstruction Project, Phase 2A (Garden Avenue to Putnam Avenue) to MAC General
Engineering Inc. in the amount of $1,322,219.00;

2. Authorize progress payments up to one hundred percent Item No. 19.
(100%) of the contract amount;

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

4. Authorize an additional $132,221 for construction
management, construction surveying, quality control and inspection services; and

5. Authorize the City Engineer to negotiate construction surveying services with one of the firms as approved by Council MO #04-041922.

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager

Item No. 20.

CITY COUNCIL AGENDA – JULY 16, 2024
SUBJECT: Authorization for Engineering Services - Reclamation Area Monitoring Well Evaluation and Replacement Well Installation Plan
SOURCE: Public Works
COMMENT: As part of the CV-Salts Program, a Salt and Nitrate Control Program was approved by the Central Valley Regional Water Quality Control Board (Board) in May 2018. The program was developed to address widespread salt and nitrate pollution in the Central Valley. The City of Porterville Wastewater Treatment Facility (WWTF) received a Notice to Comply and was required to implement a Nitrate Control Program (NCP) prior to May 7, 2021.

In May 2021, The City of Porterville Wastewater Treatment Facility submitted a Notice of Intent (NOI) to the Board indicating the City had elected to be regulated under Pathway A - Individual Permitting Approach as a Category 5 discharger. The City contracted Carollo Engineers from the approved On-Call Engineering Services list to prepare the NCP which includes a Nitrate Assessment Report, Early Action Plan, Alternative Compliance Project and a request for an exemption for the City’s wastewater discharge to meet the drinking water standard for nitrate. On July 7, 2021, the Board conditionally approved the Pathway A submittal, Nitrate Assessment Report, Early Action Plan, Alternative Compliance Project and request for exemption.

On January 30, 2024, The City received a letter from the Board indicating a Notice of Intent to Review the City's Pathway A Nitrate Assessment Report.

The Board's conditional approval was contingent upon four requirements relating to (1) collection of additional hydrogeologic and monitoring data to support refinement of the groundwater model used to estimate the City's area of contribution; (2) re-evaluation of the groundwater monitoring network near the Reclamation Area; (3) expansion of the area of contribution; and (4) evaluation of the need for additional permitting in compliance planning.

At the City's request, Carollo Engineers provided a Response Letter to the Board's Notice of Intent to Review addressing items (1), (3), and (4). Item (2), the re-evaluation of the groundwater monitoring network near the Reclamation Area is required as many monitoring wells are dry and are no longer viable. In order to maintain long-term compliance with the Nitrate Control Program, the Board is requesting the City re-evaluate the groundwater monitoring well network coverage within the Reclamation Area and develop a plan to install replacement wells as needed. Given that Carollo Engineers developed the NCP for the City of Porterville, they are uniquely qualified to develop the Reclamation Area Monitoring Well Evaluation and Replacement Well Item No. 20.

Installation Plan.

Carollo Engineers submitted a quote of $34,980 for professional engineering services to complete the Reclamation Area Monitoring Well Evaluation and Replacement Well Installation Plan. Funding for the project would be from the 2024/2025 Wastewater Treatment Facility Operating Budget.

RECOMMENDATION: That City Council:

1. Authorize the selection of Carollo Engineers to develop the Reclamation Area Monitoring Well Evaluation and
Replacement Well Installation Plan under the On-Call
Engineering Services contract agreement for a sum not to exceed $38,478 inclusive of a ten percent (10%)
contingency;

2. Direct the Finance Director to initiate a purchase order to Carollo Engineers for a do not exceed amount of $38,478 inclusive of a ten percent (10%) contingency; and

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

ATTACHMENTS: 1. Carollo - Scope of Work
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
1401 FULTON STREET, SUITE 802 ▪ FRESNO, CALIFORNIA 93721 ▪ P 559-436-6616 pw://Carollo/Client/CA/Porterville/10656A00/Deliverables/NIA/Scope_Monitoring Well Evaluation FINAL / 1

SCOPE OF WORK

CITY OF PORTERVILLE
Reclamation Area Monitoring Well Evaluation and Replacement Well Installation Plan Project No.: 10656A00
Date: July 2, 2024
Prepared By: Jeff Stovall, PhD
Reviewed By: Anthony Cemo, PE
Subject: Scope of Work for Reclamation Area Monitoring Well Evaluation and Replacement Well Installation Plan

1.0 INTRODUCTION
Under this Scope of Work, Carollo Engineers (Carollo) will provide professional engineering services to conduct an evaluation of the groundwater monitoring well network for the Reclamation Area and prepare a Replacement Well Installation Plan. Carollo will deliver the following services to the City of Porterville (City) under the terms of Professional Engineering Services for On-Call Engineering Services.

2.0 BACKGROUND
The City received a letter from the Central Valley Regional Water Quality Control Board (Board) dated January 30, 2024, granting conditional approval of the City’s Path A Nitrate Assessment Report (Report) submittal for the City’s Wastewater Treatment Facility in Tulare County. The Board’s approval letter is contingent upon four additional requirements to be included in future permit revisions as enforceable requirements. The second of these requirements pertains to a “re-evaluation of the groundwater monitoring network near the Reclamation Area.”
Specifically, the letter requests the City to provide, by August 1, 2024, “a monitoring well evaluation and replacement well installation plan.” The City has requested an extension of the due date for work plan submittal to October 1, 2024 to allow adequate time for incorporation of groundwater monitoring data collected in the first and second quarters of 2024 into the analysis.

This Scope of Work includes services for Carollo to complete an evaluation of the existing monitoring well network and prepare a replacement well installation plan as directed by the Board. The professional services required to complete the project deliverables are described below.

3.0 SCOPE OF WORK
The conditional approval letter from the Board notes the following with regard to the Reclamation Area Monitoring Well Network:

According to the Report, the City will continue groundwater monitoring with the existing groundwater monitoring well network within the 15-year exception period. As currently designed, the existing groundwater monitoring well network provides sufficient coverage

SCOPE OF WORK
FINAL / 2
of the Reclamation Area, however as stated in the Report many monitoring wells have been dry and are no longer viable. In order to maintain long-term compliance with the Nitrate Control Program, the City should re-evaluate the groundwater monitoring well network coverage within the Reclamation Area and develop a plan to install replacement wells as needed, especially within and near the area of contribution or where residents have opted out of having their wells sampled.

This Scope of Work addressed the Board’s requirements to “re-evaluate the groundwater monitoring well network coverage within the Reclamation Area and develop a plan to install replacement wells as needed.”
Task 1 – Monitoring Well Network Evaluation
In the conditional approval letter, the Board agrees with the assertion in the City’s Nitrate Assessment Report that the existing groundwater monitoring well network provides sufficient coverage of the Reclamation Area; the stated concern is the need to install replacement wells for wells that have gone dry because of declining water levels in the aquifer. The Monitoring Well Network Evaluation will therefore be focused on an assessment of the dry wells to identify which well may need to be replaced with particular emphasis on wells located downgradient of effluent discharges at the Reclamation Area within the area of contribution.

Task 1.1 – Evaluate Existing Monitoring Well Conditions The current monitoring well network at the Reclamation Area is comprised of 4 wells out of the 16 wells that were originally installed. In accordance with the provisions of the waste discharge requirement, the City collects groundwater level measurements and groundwater quality samples from these wells on a quarterly basis. Although water levels are measured in all wells quarterly, no recent water quality data are available for the remaining 12 wells. Limited historical data is available for 11 wells at the Reclamation Area with water level and water quality measurements. One well (MW-102) has been abandoned.

Carollo will coordinate with the City to evaluate the physical condition of the four active monitoring wells and identify potential issues and concerns. This task also includes reviewing groundwater quality data to help assess each monitoring well for non-structural issues that determine suitability or functionality for continued use (dry or expected to become dry in the near future, off-site influences on groundwater quality, contamination issues, etc.).

Task 1.2 – Determine Replacement Wells Needed to Maintain Network Suitability
Because the overall suitability of the network has already been determined, this analysis will be focused on identifying where replacement wells are needed to characterize upgradient groundwater and downstream impacts. The analysis will be based on the physical conceptual model in conjunction with discharge operations, observed seasonal variations in water levels, long-term water level trends, and trends in constituent concentrations.

The monitoring well network evaluation will identify gaps and locations and depths where new wells are needed and will determine which wells, if any, can be abandoned due to structural or functional problems,

SCOPE OF WORK
FINAL / 3
or the perforated depth is not appropriate to meet the monitoring objectives. A table with accompanying map(s) will be produced that shows the existing monitoring wells to be included in the proposed network, existing wells to be removed from the monitoring program and properly destroyed, and the locations of new wells to be installed to meet monitoring objectives.

Task 1.3 – Monitoring Well Network Evaluation Technical Memorandum Carollo will prepare a technical memorandum (TM) to be submitted to the Board documenting the monitoring well network evaluation and recommendations for replacement wells. It is expected that a nominal effort may be needed to address and respond to any comments from the Board.

Task 1 Deliverables
 Draft Monitoring Well Network Evaluation TM.
 Final Monitoring Well Network Evaluation TM.
 Revised Final (or Amendment) if needed following Board review.

Task 2 – Develop Replacement Well Installation Plan
Task 2.1 – Replacement Well Installation Plan
The plan will incorporate the findings from Task 1 into the following sections:
 General Information.
 Drilling Details.
 Monitoring Well Design.
 Well Development Procedures.
 Well Survey.
 Schedule for Completion of Work (including a schedule for replacement monitoring wells).  Appendix: Groundwater Sampling and Analysis Plan.

Task 2.2 – Develop Well Specifications
Well specifications will be established based on expectations of the Board and considerations of the anticipated compliance criteria established in the Salt and Nutrient Management Plan. The monitoring well design criteria will include borehole diameter; casing and screen material, diameter, and centralizer spacing; type of well caps; anticipated depth of well, length of well casing, and length and position of perforated interval; thickness, position and composition of surface seal/sanitary seal, and intermediate bentonite seals (as applicable); anticipated screen slot size and filter pack; instrumentation and equipment; and wellhead security.

SCOPE OF WORK
FINAL / 4
Task 2.3 – Respond to Central Valley Regional Water Quality Control Board Comments
It is expected that a nominal effort may be needed to address and respond to any comments from the Board.

Task 2 Deliverables
 Draft Replacement Well Installation Plan.
 Final Replacement Well Installation Plan.
 Revised Final (or Amendment) if needed following Board review.

4.0 CITY RESPONSIBILITIES
Because of the nature of this project, certain assumptions apply to this Scope of Work. To the extent possible, these assumptions are stated within this document and are reflected in the budget. If the project task requirements are different from the assumptions presented in this Scope of Work, or if the City desires additional services, the resultant change in scope will serve as a basis for amending this project assignment or initiating the development of a new project assignment as agreed to by both the City and Carollo. The following assumptions and City responsibilities apply to this project:

1. City staff will provide historical data relevant to the project. Data will be supplied in an electronic spreadsheet with discernible labels, units, and points of measurement.

2. The Carollo team shall be entitled to rely upon the accuracy of the data and information supplied by City staff without independent review or evaluation.

3. City staff will provide all required information and review comments within the period established in the schedule contained in this Scope of Work. The schedule is based on timely receipt of data and review comments from City staff.

4. City staff shall attend all meetings to maintain the progress of the project according to the schedule.

5. City staff shall review draft deliverables and provide comments within a two-week period.

5.0 FEE
The method of payment for this project is lump sum. Total compensation for the services performed shall be $34,980. The City shall pay Carollo in monthly installments based upon monthly progress reports of the percentage of work completed and invoices submitted by Carollo for services performed. Exhibit A provides a breakdown of the fee by task and personnel.

6.0 SCHEDULE
The draft TM and Well Installation Plan will be completed by August 31, 2024. The final documents will be completed by September 20, 2024 for submittal to the Board by October 1, 2024. If the Board requires any revisions or concerns to address following their review of the workplans, Carollo will address the comments within the schedule dictated by the Board.

Lead Project
Professional
Project
Professional
Professional
Assistant
Professional
Technicians (GIS,
Graphics)
Document
Processing
Carollo Labor
Hours
Other Direct Costs
PECE Carollo Subtotal Markup
$324 $308 $262 $208 $156 $133 $ 15 10% Rounded Total
Task 1. Response to comments from the Regional Board 70 $ 1,050 - $ 20,506 $ $ - $ 20,500

1.1 Evaluate Existing Monitoring Well Conditions 16 16 $ 240 $ 5,168 $ - $ 5,170 1.2 Determine Replacement Wells Needed 16 8 24 $ 360 $ 7,384 $ - $ 7,380 1.3 Monitoring Well Network Evaluation TM 2 12 8 8 30 $ 450 $ 7,954 $ - $ 7,950 Task 2. Develop Replacement Well Installation Plan 56 $ 840 - $ 14,474 $ $ - $ 14,480

2.1 Replacement Well Installation Plan 28 16 8 34 $ 510 $ 8,878 $ - $ 8,880

2.2 Develop Well Specifications 4 8 4 16 $ 240 $ 4,100 $ - $ 4,100 2.3 Respond to RWQCB Comments 22 26 $ 90 $ 1,496 $ - $ 1,500 Total, Tasks 1-2 126 0 1890 34980 0 34,980.0 $
City of Porterville
Reclamation Area Monitoring Well Evaluation and Replacement Well Installation Plan Task
Carollo Labor Total
7/2/2024
Item No. 21.

CITY COUNCIL AGENDA – JULY 16, 2024
SUBJECT: Acceptance of Project - Fire Station 72 Classroom Remodel Project SOURCE: Engineering and Project Management
COMMENT: TMJ Construction Inc. has completed the Fire Station 72 Classroom Remodel Project per plans and specifications. This project included the remodeling of the existing restrooms for accessibility, the construction of independent shower stalls, and the creation of a breakroom/kitchen. This project also included items that were contracted direct with separate vendors for the relocation of the existing data and network cabling and rack as well as the existing fire alarm and the installation of a new audiovisual system in the classrooms.

Staff tracks construction costs of all Capital Improvement Projects and reports construction expenditures when the project is accepted by City Council. At its meeting on September 19, 2023, the Council authorized an expenditure of $745,880 for construction, construction management, and quality control and inspection services. The following itemizes the construction related costs into two categories: 1) the construction contract, and 2) a combination of construction management and quality control.

1. Final Construction Cost is $698,143.80

2. Construction management, quality control, and inspection service costs are $6,366.10
Total construction costs equate to $704,509.90, which is less than the $745,880 overall budget approved by Council at the time of award. Funding for this project is Measure H.

TMJ Construction Inc. requests that the Council accept the project as complete.

Staff has reviewed their work and found it acceptable. All of the work through direct contract with separate vendors is also complete except for the audiovisual system installation in the smaller classroom; the value of this work totals $41,450 and is included in the overall construction costs reported above. The completion of this work has no impact on the work completed by TMJ Construction Inc, and would not prevent the City Council from accepting the remodel project.

RECOMMENDATION: That the City Council:

1. Accept the project as complete; and

2. Authorize the filing of the Notice of Completion by the City Clerk.

Item No. 21.

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager
MORTON AVE. MORTON AVE.

NEWCOMB ST.

GRAND AVE. GRAND AVE.

PROSPECT ST.

PROPERTY LINE 2,613.05' - 0" PROPERTY LINE 2,613.05' - 0" PROPERTY LINE 1,243.39' - 0" SITE
Item No. 22.

CITY COUNCIL AGENDA – JULY 16, 2024
SUBJECT: Approval of Resolution Authorizing the Filing of Regional Surface Transportation Program Exchange Fund Claim for the Fiscal Year 2023-2024 SOURCE: Finance
COMMENT: Each year, the City receives an apportionment of federal Regional Surface Transportation Program (RSTP) funds in exchange for State Highway Account funds from the Tulare County Association of Governments (TCAG). For Fiscal Year 2023-2024, the amount of RSTP funds available to claim from TCAG is $389,025.

In order for the City to receive distribution of RSTP funds, TCAG requires a Resolution of the City Council authorizing a specific person to file the claim form. Attached is a draft Resolution authorizing the Finance Director to sign and submit the claim to TCAG for RSTP funds in the amount of $389,025 for Fiscal Year 2023-2024.

RECOMMENDATION: That the City Council authorize and direct the Finance Director to sign and submit the Fiscal Year 2023-2024 Regional Surface Transportation Program (RSTP) Exchange funds claim to the Tulare County Association of Governments on behalf of the City in the amount of $389,025.

ATTACHMENTS: 1. Draft Resolution

2. Regional Surface Transportation Program Claim Form
Appropriated/Funded:

Review By:

Department Director:

Janie Rodriguez, Finance Director
Final Approver: Patrice Hildreth, City Manager