City Council Agenda October 15, 2024
CITY COUNCIL AGENDA
CITY HALL, 291 N. MAIN STREET
PORTERVILLE, CALIFORNIA
OCTOBER 15, 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 October 15, 2024 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/83836580188?pwd=O3yW2MfUYeOFwPzusNVpjXehQ8BcGG.1 Or via Telephone: 1-669-900-6833 Webinar ID: 838 3658 0188 Passcode: 831606 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: 260-300-030. Agency Negotiator: Patrice Hildreth and Jason Ridenour. Negotiating Parties: City of Porterville and Self-Help Enterprises. Under Negotiation: Terms and Price.
2 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: Patrice Hildreth and Yuliana Andrade. Employee Organizations: Management & Confidential Series.
3 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: City of Porterville v. Tulare County Regional Transit Agency and Abul Hassan, Tulare County Superior Court Case No. VCU312913.
4 - Government Code Section 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Three (3) 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: Two (2) cases.
City Council Agenda October 15, 2024
6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION
TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Council Member Beltran
Invocation
ORAL COMMUNICATIONS
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not. 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 - October 3, 2024
2. Library & Literacy Commission - October 8, 2024
3. Arts Commission
4. Animal Control Commission - October 10, 2024
5. Youth Commission - October 9, 2024
6. Transactions and Use Tax Oversight Committee (TUTOC) II. Staff Informational Reports
1. Water Conservation Phase III Status Update - September 2024
2. Fall Community Clean Up Event
3. Proclamation Issuance Report (September 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 October 1, 2024
Re: Considering approval of the City Council draft Minutes of October 1, 2024.
2. Authorization for Police Truck Engine Replacement
Re: Consider approval of engine replacement of the Police truck by Merle Stone Chevrolet at a cost not to exceed $15,580.05 (inclusive of all parts, taxes, and labor, including a 10% contingency).
3. Authorization to Purchase Materials for the Zalud Park Pipe Project City Council Agenda October 15, 2024
Re: Considering approval of the purchase of 1300 feet of 12" C900 pipe at a cost not to exceed $57,915 (inclusive of all parts, taxes,and delivery including a 10% contingency).
4. Authorization to Purchase an Air Conditioning Unit
Re: Council to award the replacement and installation of a 3.5-ton unit to TAM-NTJ'Z Cooling-N-Heating Inc. for a total project amount not to exceed $10,450.
5. Fleet Management Software Renewal
Re: Considering approval to renew a one-year service contract for fleet management software with Ron Turley Associates in the amount of $13,763.20.
6. Consideration of Approval of Contract Renewal with CivicPlus Re: Considering approval of a contract renewal with CivicPlus at the rate of $11,955.21, with a five percent (5%) annual increase each renewal term and automatic renewals, for the web-based agenda management system.
7. Authorization to Enter Agreement with Data Pilot
Re: Council to accept the grant funds from the 2024 Mobile Forensics LTP Grant Program for $7,195.00, and approve a two-year contract with Data Pilot for $7,085.08 for Digital Forensic services.
8. Authorization to Advertise for Bids - Community Center & Park Project Re: Considering approval of staff's Plans and Project Manual for the Community Center & Park Project located at Henderson Avenue and Fourth Street, which includes the construction of a fully-sprinklered 16,514 square foot community center with a gym, a racquetball court, teen activity and study rooms, and staff offices.
9. Authorization to Distribute Request for Qualifications - Construction Management and Inspection Services for the Community Center & Park Project
Re: Consideration to authorize staff to distribute a Request for Construction Management and Inspection Services for the Community Center & Park Project to be located on Henderson Avenue just east of Fourth Street.
10. Authorization to Execute Funding Agreement Amendment No. 1 - Akin/Central Water Consolidation Project
Re: Council to approve Amendment No. 1 to the Funding Agreement with the California State Water Resources Control Board, and adopt the draft resolution identifying the Mayor and/or the Public Works Director as authorized agents of the City of Porterville for said funding.
11. Award of Contract - Contract Planning Services
Re: Consideration to authorize staff to negotiate an on-call contract planning services with Provost & Prichard.
12. Award of Professional Services Agreement to Maas Energy Works for Renewable Natural Gas Supply and Credit Management Services Re: Consideration of a ten-year Professional Services Agreement with Maas Energy Works to supply Renewable Natural Gas (RNG) for the City’s Compressed Natural Gas (CNG) fleet and manage associated Low Carbon Fuel Standard (LCFS) and Renewable Identification Number (RIN) credits.
City Council Agenda October 15, 2024
13. Award of Professional Services Agreement to Clean Energy for Compressed Natural Gas (CNG) Fueling Station Maintenance Services
Re: Consideration of a professional services agreement with Clean Energy for the maintenance of the City’s Compressed Natural Gas (CNG) fueling station, to includes routine inspections, preventive maintenance, and emergency repairs over a five-year period at an estimated monthly cost of $2,245 and a one-time fee of $10,370 for remote monitor software and equipment.
14. Award of Professional Services Agreement to Energy Mission Control, Inc. for Low Carbon Fuel Standard Credit Services
Re: Consideration of a Professional Services Agreement with Energy Mission Control, Inc (dba FuSE Carbon Technologies) for Low Carbon Fuel Standard (LCFS) credit management services.
15. Intent to Schedule a Public Hearing to Consider Main Street Banner Application Fee
Re: Consideration to schedule a Public Hearing for November 5, 2024, for consideration of Main Street Banner Fees.
16. A Resolution Approving the Application for the Zero-Emission Landscaping Equipment Grant Program through the San Joaquin Valley Air Pollution Control District
Re: Consideration to adopt a draft Resolution approving the application for the ZeroEmission Landscaping Equipment Grant Program through the San Joaquin Valley Air Pollution Control District.
17. Acceptance of Funding from the Department of Energy's Energy Efficiency and Conservation Block Grant (EECBG) Program for the Purchase of Three Zero-Emission Vehicles
Re: Consideration to accept $121,930 in funding from the Department of Energy’s Energy Efficiency and Conservation Block Grant (EECBG) Program; and approve the purchase of three zero-emission vehicles, for a total cost of $153,156.08.
18. Notification of PFAS Level Exceedance
Re: Council to accept this report as meeting General Order No. DW-2024-0002- DDW requirement for notification of PFAS Notification Level Exceedance in five (5) wells within the City of Porterville Water System; and accept the PFAS Notification Letter of Notification Level Exceedance for the five (5) wells within the City of Porterville Water System.
19. Request For Will Serve Letter - 14534 Road 274
Re: Considering approval and issuance of a Will Serve Letter to authorize a second water service connection at 14534 Road 274 (APN 264-020-013) located in East Porterville, outside the city limits and within the city’s Urban Development Boundary, for the development of an accessory dwelling unit (ADU).
20. Request for Proclamation - 75th Anniversary of Court Regina Coeli #1521 Re: Considering approval of a request to proclaim the 75th Anniversary of Court Regina Coeli #1521.
21. Status and Review of Declaration of Local Flood Emergency City Council Agenda October 15, 2024
Re: Review of the Declaration of Local Emergency made on March 13, 2023, concerning the significant weather event and impacts relative to flood event.
SECOND READINGS
22. Second Reading - Ordinance No. 1906, Amending the official City of Porterville Zoning Map
Re: Amending the official City of Porterville Zoning Map to Rezone Approximately 447 Acres (19 Parcels) within the proposed South of Tule River (SoTu) District Master Plan Area (Rezone 2024-001) to Residential Neighborhood (RN) Zone District consistent with the Porterville 2030 General Plan as amended.
23. Second Reading - Ordinance No. 1907, Amending Series 200 and 300 of the Porterville Development Ordinance
Re: Amending Series 200 and 300 of the Porterville Development Ordinance regarding the Employment Zone Districts IG (General Industrial) and IP (Industrial Park).
SCHEDULED MATTERS
24. Consideration of Appointments to the Animal Control Commission Re: Considering the appointments to the Animal Control Commission.
25. Consideration of Process for Selection of City Manager Re: Consideration of options for the selection of a successor City Manager.
AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3.
1. Local Initiatives Navigation Center (LINC)- October 2, 2024
2. Eastern Tule Groundwater Sustainability Agency (ETGSA) - October 3, 2024
3. Tulare County Association of Governments (TCAG) Local Motion Awards - October 3, 2024
4. Military Banner Committee Meeting - October 9, 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 November 5, 2024, at 5:30 p.m.
City Council Agenda October 15, 2024
In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the Office of City Clerk at (559) 782-7464. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting and/or provision of an appropriate alternative format of the agenda and documents in the agenda packet.
Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection during normal business hours at the Office of City Clerk, 291 North Main Street, Porterville, CA 93257, and on the City’s website at www.ci.porterville.ca.us.
CITY COUNCIL AGENDA – OCTOBER 15, 2024
SUBJECT: 1. Water Conservation Phase III Status Update - September 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 September 2024 show that five (5) notices of violations were issued for water waste, and no administrative citations were issued.
Water production for September 2024 shows a three percent (3%) decrease from the five-year average. The monthly production for September was 379 million gallons, which is a twenty-seven percent (27%) decrease compared to September 2013, when it was 521 million gallons. Residential consumption for September 2024 was 146 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 September 2015 through September 2024. Porterville's cumulative total production conservation through September 2024 is twenty percent (20%). The cumulative total of GPCD for the City of Porterville's conservation efforts will be reflected from September 2015 through September 2024. Porterville's cumulative total GPCD conservation through September 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 nine percent (9%) increase from September 2023 to September 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 September 2024
2. Monthly Production Status GPCD September 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 September 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 September 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.
CITY COUNCIL AGENDA – OCTOBER 15, 2024
SUBJECT: 2. Fall Community Clean Up Event
SOURCE: Public Works
COMMENT: To encourage local property maintenance and beautification, the City sponsors two clean-up events every year, the first in the Spring and the second in the Fall. These events offer City residential refuse customers free disposal of general trash, mattresses, bulky items, wood waste, yard clippings, mattresses and e-waste at the City's Corporation Yard.
City residents are required to bring a current City of Porterville refuse bill as proof of residency. Business or commercial waste is not allowed. Trailers will be limited to no longer than ten (10) feet, and participants will be required to unload their own vehicle. Items not accepted will include tires, refrigerators, oversized auto parts, and any type of hazardous waste.
The Fall clean-up event is scheduled for October 19, 2024, as approved by the City Council at its meeting on February 20, 2024. This event will occur from 8:00 a.m. until 2:00 p.m. As in the past, the events are open to all residents receiving City residential refuse service. The cost for this event is funded through the Solid Waste Operating Budget.
RECOMMENDATION: Informational Only
ATTACHMENTS: 1. Fall 2024 Clean Up Event Flyer
2. Fall 2024 Clean Up Event Flyer Spanish
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
2024 COMMUNITY CLEAN-UP &
SATURDAY, OCTOBER 19, 2024
FROM 8:00 AM to 2:00 PM
555 N. PROSPECT ST., PORTERVILLE, CA 93257
FOR MORE INFORMATION CALL 559-782-7513 OR VISIT WWW.CI.PORTERVILLE.CA.US
CURRENT CITY OF PORTERVILLE REFUSE BILL IS REQUIRED
Trailers will be limited up to 10 feet.
Participants will be required to unload their own vehicle.
PLEASE NOTE: City residents only. No county, business or commercial waste allowed.
NO CHILDREN OR PETS ALLOWED OUTSIDE OF YOUR VEHICLE
ACCEPTABLE ITEMS:
Greenwaste: Tree Limbs, Branches, Yardwaste (Not to exceed 10 feet) Household Waste: Household Trash, Furniture, Scrap Metal, Mattress/Box Springs E-Waste: Computers, Laptops, Monitors, Televisions, Cell Phones, Tablets.
Construction & Demolition: Concrete, Dirt, Wood
UNACCEPTABLE ITEMS:
Household Hazardous Waste (Batteries, Paint, Oil, Oil Filters, Flourescent Bulbs), Tires, Refrigerators, Oversized Auto Parts (Cab, truck bed, etc.)
FALL FREE
DISPOSAL EVENT
TULARE COUNTY HOUSEHOLD HAZARDOUS & E-WASTE
One Day Clean-Up Event at Tulare County Fire Station,
22315 Ave 152, Porterville, from 8:00 a.m. to 12:00 p.m. • No agricultural or business waste, explosives, radioactive materials, biowaste, or asbestos will be accepted. • By law, an individual may not transport more than 15 gallons or 125 pounds of hazardous waste to a mobile collection facility. • For more information, call Tulare County Environmental Health:
(559) 624-7400 or visit www.tularecountyeh.org
• For a list of used oil collection centers near you, call 1-800-CLEANUP These Items May Be Disposed Of
At No Cost:
• Computers/Monitors
• Cell Phones/Televisions
• Automotive Batteries
• Automotive Fluids & Antifreeze
• Fluorescent Lamps & Tubes
• Garden Chemicals/ Pesticides
• Household Batteries
• Household Cleaners/Poisons
• Pool Chemicals
• Paints/Solvents/Aerosol Cans
• Used Motor Oil & Filters/
Gasoline
2024 EVENTO COMUNITARIO DE
SÁBADO, OCTUBRE 19, 2024
DE 8:00 AM a 2:00 PM
555 N. PROSPECT ST., PORTERVILLE, CA 93257
PARA MAS INFORMACIÓN LLAME AL 559-782-7513 O VISITE WWW.CI.PORTERVILLE.CA.US
REQUIERE FACTURA DE BASURA ACTUAL DE LA CIUDAD DE PORTERVILLE Se limitarán las trailas a 10 pies.
Los participantes deben descargar su propio vehículo.
TENGA EN CUENTA: Solo clientes residenciales. No se permiten residuos de negocios o comerciales.
NO SE ADMITEN NIÑOS O MASCOTAS FUERA DE SU VEHÍCULO
ARTÍCULOS ACEPTABLES:
Basura: Ramas de Árboles, Ramas, Desechos de Jardín (No exceder 10 pies) Desechos Domésticos: Basura Doméstica, Muebles, Chatarra, Colchones/Canapés Residuos Electrónicos: Computadoras, Portátiles, Pantallas, Televisores, Celulares, Etc.
Construcción y Demolición: Cemento, Tierra, Madera
ARTÍCULOS INACEPTABLES:
Residuos Peligrosos Del Hogar (Pilas, Pinturas de Látex, Aceite y Filtros de Aceite, Lámparas Fluorescentes, Llantas, Refrigeradores, Partes de autos de tamaño grande (Cabina, Plataforma de Camioneta, etc.)
OTOÑO GRATIS
LIMPIEZA Y ELIMINACIÓN
Se Puede Deshacerse de Estos
Artículos Sin Costo Alguno:
• Computadoras/Pantallas
• Teléfonos Celulares/Televisores
• Baterías de Automóviles
• Fluidos y Anticongelantes para
Áutomóviles
• Lámparas y Tubos Fluorescentes
• Químicos de jardín/ pesticidas
• Pilas
• Limpiadores Domésticos/Venenos
• Químicos para Piscina
• Pinturas/Disolventes/Contenedores de
Aerosol
• Aceite y Filtros de Aceite/Gasolina
RESIDUOS PELIGROSOS DOMÉSTICOS & ELECTRÓNICOS DEL CONDADE TULARE • No se aceptarán residuos agrícolas o empresariales, explosivos, materiales radiactivos, biorresiduos o amianto.
• Es contra la ley, que una persona transporte más de 15 galones o 125 libras de desechos peligrosos a una instalación móvil de colección. • Para más información, llame al Departamento de Salud Ambiental del Condado de Tulare: (559) 624-7400 o visite www.tularecountyeh.org • Para obtener una lista de los centros de recolección de aceite usados cerca de usted, llame al 1-800-CLEANUP.
Evento de Limpieza de Un Día en la Estación de Bomberos del Condado de Tulare,
22315 Ave 152, Porterville, 8:00 a.m. - 12:00 p.m.
Item No.
CITY COUNCIL AGENDA – OCTOBER 15, 2024
SUBJECT: 3. Proclamation Issuance Report (September 2024) SOURCE: Administrative Services
COMMENT:
Pursuant to the City Council Procedural Handbook, staff is herein providing a report on Proclamation Requests that were processed during the month of September 2024. For the period of September 1 to September 30, 2024, the following request was processed.
Date Organization Name of Event / Proclamation
08/28/2024 Alta Mira - NSDAR Constitution Week (Sept. 17 - 23) RECOMMENDATION: Information Only
ATTACHMENTS: 1. Proclamation Policy_12-19-23
2. Proclamation - Constitution Week
Appropriated/Funded:
Review By:
Department Director:
Yuliana Andrade, Administrative Services Director
Final Approver: Patrice Hildreth, City Manager
G. Requests for Proclamations
The City routinely receives requests for proclamations. To qualify as a proclamation, the language should be ceremonial and not convey legislative action or represent that it is establishing City policy or directives. Each individual Council Member has the authority to grant and sign proclamations on their own respective behalf if they are processed in accordance with this Section. The City Council may grant and sign “City Proclamations,” only if the proclamation is approved by the City Council at a noticed and public City Council meeting in accordance with the Brown Act, and these proclamations shall be deemed to be “City Proclamations” and have the City Seal affixed.
Within one business day of receipt of a Request for Proclamation, staff shall scan and email the request to all City Council Members. In the event a Council Member is interested in granting the request, they shall individually notify staff of their interest. If more than one Council Member responds, the first responsive notification received by staff shall be the grantor. Staff shall then advise the remaining Council Members as to interest in signing the proclamation, and the Council Members shall have one business day to reply, after which the proclamation will be drafted with the appropriate number of signature blocks for execution by the Council Members. If more than two council members respond that they are interested in signing the proclamation, a consent calendar item will be prepared for the next scheduled city council meeting, for full City Council consideration. Approved City Proclamations may be signed by the Mayor, although the Mayor’s signature shall not be compelled. Additionally, the City Council may provide express authority regarding additional members who wish to also be signatories.
All signed proclamations will be made available in the Office of City Clerk for pick up by the requestor unless arrangements have been made for presentation at a certain event. Proclamations shall not be included on the Council Agenda nor presented at a Council Meeting unless approved by a majority of the entire Council. Staff shall provide a monthly informational report to the City Council identifying the proclamations for the preceding month. (Amended via Minute Order 15-121923, December 19, 2023.)
Item No. 1.
CITY COUNCIL AGENDA – OCTOBER 15, 2024
SUBJECT: Approval of Draft Minutes of October 1, 2024
SOURCE: Administrative Services
COMMENT: Presented for Council's approval are the draft Minutes of October 1, 2024.
RECOMMENDATION: That the Council approve the draft Minutes of October 1, 2024.
ATTACHMENTS: 1. Draft Minutes of October 1, 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
OCTOBER 1, 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 54956.9(d) (3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Two cases in which facts are not yet known to potential plaintiff.
2 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: Two cases. 6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION
TAKEN IN CLOSED SESSION
City Attorney Lew stated that no reportable action had taken place during Closed Session.
The Pledge of Allegiance was led by Council Member Meister.
Invocation – a member of the public came forward and gave an invocation.
PRESENTATIONS
Employee of the Month - Chris Smith
Employee Service Awards
ORAL COMMUNICATIONS
• David Horowitz, Porterville, expressed his frustration with the trash and homelessness issues in the city.
• Brock Neeley, Porterville, reported potential unethical conduct related to political signage by a City Council candidate.
• Stephanie Torres, Porterville Chamber of Commerce, spoke of upcoming events that will be hosted by the Chamber.
CONSENT CALENDAR
There were no items pulled from the Consent Calendar for discussion. City Attorney Lew noted an adjustment to the recommendation outlined in Item No. 10. This amendment is aimed at correcting the pay range for the Field Services Superintendent/Streets position to Range 220 ($5,881-$7,177).
COUNCIL ACTION: MOVED by Vice Mayor Kellie Carrillo, SECONDED by Council Member Donald Weyhrauch that the City Council approve Items Nos. 1-17. The motion carried unanimously.
1. APPROVAL OF DRAFT MINUTES OF SEPTEMBER 17, 2024
Recommendation: That the Council approve the draft Minutes of September 17, 2024.
Documentation: M.O. 01-100124
Disposition: Approved.
2. REQUEST FOR REPLACEMENT OF THE FIRE DEPARTMENT
SCBA MASK FIT TEST MACHINE.
Recommendation: That the City Council authorize the purchase of a replacement SCBA mask fit test machine for the Fire Department from All Star Fire Equipment at $16,775.08, with a 10% contingency with a total cost not to exceed $18,452.59.
Documentation: M.O. 02-100424
Disposition: Approved.
3. AUTHORIZATION TO DISTRIBUTE REQUEST FOR
QUALIFICATIONS - COUNCIL CHAMBER COUNTER
MODIFICATIONS PROJECT
Recommendation: That City Council:
1. Authorize staff to distribute a Request for Qualifications for the Council Chamber Counter Modifications Project; and
2. Begin negotiations with the selected contractor with the negotiated contract to be brought back to City Council for final approval.
Documentation: M.O. 03-100124
Disposition: Approved.
4. AWARD OF PROFESSIONAL SERVICES AGREEMENT TO FEHR &
PEERS FOR THE PREPARATION OF THE 2025-2030 SHORTRANGE TRANSIT PLAN TO FEHR & PEERS
Recommendation: That The City Council award the attached draft professional services agreement to Fehr & Peers, in the amount not to exceed $174,550 for development and preparation of the 2025-2030 Short Range Transit Plan, and authorize the Mayor to execute the contract
Documentation: M.O. 04-100124
Disposition: Approved.
5. DETERMINATION OF GENERAL PLAN CONSISTENCY FOR 633
NORTH WESTWOOD STREET - BURTON SCHOOL DISTRICT
ACQUISITION
Recommendation: That the City Council adopt the draft Resolution, detailing the results of its investigations pursuant to California Government Code Section 65402(c), and forward said resolution to the Burton School District.
Documentation: Resolution No. 72-2024
Disposition: Approved.
6. APPROVAL OF MEASURE R PROGRAM SUPPLEMENT TO
COOPERATIVE AGREEMENT - BUTTERFIELD STAGE CORRIDOR
PROJECT
Recommendation: That the City Council:
1. Approve the attached draft Resolution in support of the Program Supplement to the Cooperative Agreement;
2. Authorize the Mayor and City Clerk to execute the Program Supplement; and
3. Authorize staff to forward the executed Program Supplement to TCAG for approval.
Documentation: Resolution No. 73-2024
Disposition: Approved.
7. AUTHORIZATION TO ACCEPT AMERICAN RESCUE PLAN ACT
(ARPA) CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY
FUNDS FROM THE COUNTY OF TULARE
Recommendation: That the City Council:
1. Approve the agreement between the City of Porterville and the County of Tulare, accepting the American Rescue Plan Act (ARPA) funds in the amount of $1,000,000 to support homeless
services, including overnight shelters and homeless encampment cleanup and abatement; and
2. Authorize the Mayor to sign the agreement; and
3. Direct the Finance Director to return the signed agreement to the County of Tulare.
Documentation: M.O. 05-100124
Disposition: Approved.
8. AUTHORIZATION OF OUT-OF-STATE TRAVEL FOR FIRE
PERSONNEL
Recommendation: That the City Council authorize out-of-state travel for three Fire Department personnel to Boise Mobile Equipment (BME)
Manufacturing Facility located in Idaho, for the final acceptance inspection for the Type 6 fire apparatus purchased through BME.
Documentation: M.O. 06-100124
Disposition: Approved.
9. COUNCIL CONSIDERATION OF REORGANIZATION WITHIN THE
TRANSPORTATION DEPARTMENT
Recommendation: That the City Council:
1. Approve the reclassification of the Field Service Supervisor (Salary Range 192) to a new Transportation Manager
classification at Salary Range 248 ($7,772 - $9,483);
2. Approve the establishment of a new Grants and Procurement Coordinator classification at Salary Range 212 ($5,430 - $6,627);
3. Approve the establishment of a new Operations and ADA Coordinator classification at Salary Range 212 ($5,430 - $6,627);
4. Approve the reclassification of the Airport Services Coordinator (Salary Range 192) to the existing and updated Field Services Worker III - Airport classification at Salary Range 178 ($3,870 - $4,723);
5. Approve the reclassification of the Field Services Worker I/II positions (Salary Range 158 and 168) to the existing and updated Field Services Worker I/II - Airport classification with no change to the salary ranges; and
6. Authorize the Human Resources Office and Finance Department staff to amend such documents as may be necessary to
effectuate such proposed changes.
Documentation: M.O. 07-100124
Disposition: Approved.
10. COUNCIL CONSIDERATION OF REORGANIZATION WITHIN THE
STREETS DIVISION OF THE PUBLIC WORKS DEPARTMENT
Recommendation: That City Council:
1. Adjust the Salary Range for the Field Services
Superintendent/Streets from Range 218 to Range 220 ($5,939- 7,249);
2. Approve the establishment of a new Field Services
Supervisor/Streets at Range 192 ($4,449-5,430); and
3. Authorize the Human Resources Division and Finance
Department to amend the documents necessary to implement the proposed changes.
Documentation: M.O. 08-100124
Disposition: Approved.
11. APPROVAL OF COMMUNITY CIVIC EVENT - TULARE COUNTY
HEALTH & HUMAN SERVICES AGENCY (HHSA) BEHAVIORAL
HEALTH - MENTAL HEALTH AWARENESS MOVIE NIGHT IN THE
PARK - OCTOBER 11, 2024
Recommendation: That the City Council approve the attached Community Civic Event Application and Agreement submitted by the Tulare County HHSA Behavioral Health to hold the "Mental Health Awareness Movie Night in the Park", on October 11, 2024, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, Exhibit C and Outside Amplifier Permit.
Documentation: M.O. 09-100124
Disposition: Approved.
12. APPROVAL OF COMMUNITY CIVIC EVENT - TRUNK OR TREAT
SPOOKTACULAR - OCTOBER 31, 2024
Recommendation: That the City Council:
Approve the Community Civic Event application from the Porterville Police Department to hold the "Trunk or Treat Spooktacular Event" on October 31, 2024, subject to the requirements and restrictions contained in the Application and Agreement.
Documentation: M.O. 10-100124
Disposition: Approved.
13. APPROVAL OF COMMUNITY CIVIC EVENT – PORTERVILLE
FIRST BAPTIST CHURCH – MOTHER’S UNITED AGAINST GANG
VIOLENCE “UNITED BY KINDNESS” - NOVEMBER 2, 2024
Recommendation: That the City Council approve the Community Civic Event application from Porterville First Baptist Church to hold the Mother’s United Against Gang Violence “United by Kindness” event on November 2, 2024, at Centennial Park, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B, Exhibit C and Outside Amplifier Permit.
Documentation: M.O. 11-100124
Disposition: Approved.
14. APPROVAL OF COMMUNITY CIVIC EVENT - VETERANS
HOMECOMING COMMITTEE - VETERANS DAY PARADE -
NOVEMBER 11, 2024
Recommendation: That the City Council approve the Community Civic Event Application and Agreement submitted by the Veterans Homecoming Committee for the annual Veterans Day Parade on November 11, 2024, subject to the requirements and restrictions contained in the Application and Agreement, Exhibit A, Exhibit B and Outside Amplifier Permit.
Documentation: M.O. 12-100124
Disposition: Approved.
15. APPROVAL OF COMMUNITY CIVIC EVENT - TULE RIVER TRIBE
POWWOW COMMITTEE - TULE RIVER VETERANS POWWOW
OVERNIGHT CAMPING - NOVEMBER 7 - 11, 2024
Recommendation: That the City Council approve the Community Civic Event Application submitted by the Tule River Tribe Powwow Committee to use the Porterville Sports Complex for overnight camping during the Tule River Powwow on November 7, 2024 through November 11, 2024, subject to the restrictions and requirements contained in the Application and Agreement, Exhibit A, Exhibit B, and Exhibit C.
Documentation: M.O. 13-100124
Disposition: Approved.
16. 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. 14-100124
Disposition: Approved.
PUBLIC HEARINGS
17. CONSIDERATION OF GENERAL PLAN AMENDMENT, REZONE,
MASTER PLAN, AND ENVIRONMENTAL IMPACT REPORT
PERTAINING TO THE SOUTH OF TULE RIVER DISTRICT
MASTER PLAN
Recommendation: That the City Council:
1. Hold the public hearing to receive comments on the South of Tule River District Master Plan project, and then:
2. Adopt the Draft Resolution to adopt the findings required by CEQA, certify the EIR, adopt the Mitigation Monitoring and Reporting Program, and adopt a Statement of Overriding
Considerations; and
3. Adopt the Draft Resolution to approve General Plan Amendment 2024-002; and
4. Introduce by title only an Ordinance to amend the Zoning Map to rezone the SoTu Master Plan Area; and
Adopt the Draft Resolution to approve Master Plan 2024-001, adopting the South of Tule River District Master Plan.
Deputy City Manager Ridenour introduced the item and Community Development Director Claudia Calderon presented the staff report.
Mayor Flores opened the Public Hearing at 7:10 p.m.
• Korey Wells, Springville, submitted documentation to the council concerning the proposed rezoning of the area. Mr. Wells's documentation outlined his concepts aimed at enhancing the area's development and recommended that the area be a commercial district.
• Sonia Duran Aguilar, Porterville, expressed her concerns about the Correctional Facility mentioned in the Master Plan, to which she sought clarification on this meaning, and emphasized her preference for creating more walking paths rather than bike paths and bridges.
• Cathy Capone of Porterville briefly discussed the homelessness issues surrounding the Tule River Parkway and praised city staff for their efforts in addressing the unhoused individuals in that area.
Mayor Flores closed the Public Hearing at 7:21 p.m.
COUNCIL ACTION: MOVED by Council Member Raymond Beltran, SECONDED by Council Member Donald Weyhrauch that the City Council adopt the draft resolution adopting the findings required by CEQA, certified the Environmental Impact Report, adopted the Mitigation Monitoring
and Reporting Program, and adopted a Statement of Overriding Consideration; adopt the draft resolution approving the General Plan Amendment 2024-002; approve first reading of the ordinance being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PORTERVILLE AMENDING THE OFFICIAL CITY OF
PORTERVILLE ZONING MAP TO REZONE APPROXIMATELY
447 ACRES (19 PARCELS) WITHIN THE PROPOSED SOUTH OF
TULE RIVER (SOTU) DISTRICT MASER PLAN AREA (REZONE
2024-001) TO RESIDENTIAL NEIGHBORHOOD (RN) ZONE
DISTRICT CONSISTENT WITH THE PORTERVILLE 2030
GENERAL PLAN AS AMENDED, waive further reading, and order the ordinance to prin; and adopt the Draft Resolution to approve Master Plan 2024-001. The motion carried unanimously.
Documentation: Resolution No. 74-2024, Resolution No. 75-2024, Resolution No. 76-2024, M.O. 15-2024
Disposition: Approved.
18. CONSIDERATION OF AMENDED CONDITIONS OF APPROVAL
FOR VILLAS AT SIERRA MEADOWS 4 & 5 DEVELOPMENT
PROJECT
Recommendation: That the City Council:
1. Open the public hearing to receive comments on the amendment to the conditional approval for the Villas at Sierra Meadows 4 and 5 Tentative Map; and
2. Adopt the draft resolution approving the revised conditions of approval for the Villas at Sierra Meadows 4 and 5 Tentative Map.
Deputy City Manager Ridenour introduced the item and Contracted City Planner Jeff O'neal presented the staff report.
Mayor Flores opened the Public Hearing at 7:38 p.m. and closed the Public Hearing at 7:38 when no one came forward to speak.
COUNCIL ACTION: MOVED by Mayor Martha A. Flores, SECONDED by Council Member Greg Meister that the City Council adopt the draft resolution approving the revised conditions of approval for the Villas at Sierra Meadows 4 and 5. The motion carried unanimously.
Documentation: Resolution No. 77-2024
Disposition: Approved.
19. CONSIDERATION OF AMENDMENTS TO SERIES 200 AND
SERIES 300 OF THE PORTERVILLE DEVELOPMENT
ORDINANCE
Recommendation: That the City Council:
1. Hold the noticed Public Hearing and consider the testimony provided;
2. Consider whether to approve the draft ordinance, An Ordinance of the City Council of the City of Porterville Amending Series 200 and 300 of the Porterville Development Ordinance Regarding the Employment Zone Districts IG (General Industrial) and IP (Industrial Park); and
3. If so approved, give first reading by title only, and order the Ordinance to print.
Deputy City Manager Ridenour introduced the item and Contract City Planner Jeff O'neal presented the staff report.
Mayor Flores opened the Public Hearing at 7:42 p.m. and closed the Public Hearing at 7:42 p.m. when no one came forward to speak.
COUNCIL ACTION: MOVED by Mayor Martha A. Flores, SECONDED by Council Member Greg Meister that the City Council approve the first reading of the ordinance being, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE AMENDING SERIES 200 AND
300 OF THE PORTERVILLE DEVELOPMENT ORDINANCE
REGARDING THE EMPLOYMENT ZONE DISTRICTS IG
(GENERAL INDUSTRIAL) AND IP (INDUSTRIAL PARK), waive
further reading, and order the ordinance to print. The motion carried unanimously.
Documentation: M.O. 16-100124
Disposition: Approved.
SCHEDULED MATTERS
20. CONSIDERATION OF APPOINTMENTS TO THE LIBRARY &
LITERACY COMMISSION
Recommendation: That the City Council consider the reappointments of Esther Figueroa, Edith LaVonne, and Irene Ortega to the Library & Literacy Commission for terms to expire in October 2027.
Deputy City Manager Ridenour 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 approve the
reappointments of Esther Figueroa, Edith LaVonne, and Irene Ortega to the Library and Literacy Commission for terms to expire in October 2027. The motion carried unanimously.
Documentation: M.O. 18-100124
Disposition: Approved.
21. DESIGNATION OF VOTING DELEGATES AND ALTERNATES FOR
LEAGUE OF CALIFORNIA CITIES 2024 ANNUAL CONFERENCE
Recommendation: That the City Council designate a Member of Council to serve as a voting delegate, and up to two Members of Council to serve as alternate voting delegates, at the League of California Cities Annual Business Meeting.
Deputy City Manager Ridenour introduced the item and presented the staff report.
COUNCIL ACTION: MOVED by Mayor Martha A. Flores, SECONDED by Council Member Donald Weyhrauch that the City Council designate Council Member Weyhrauch as the voting member and Mayor Flores as the alternate noting member for the League of California Cities Annual Business Meeting to take place at the Annual Conference in Long Beach on October 18, 2024. The motion carried unanimously.
Documentation: M.O. 18-100124
Disposition: Approved.
AB 1234 REPORTS
1. EASTERN TULE GROUNDWATER SUSTAINABILITY AGENCY (ETGSA) - SEPTEMBER 16, 2024 (REPORT CARRIED OVER)
Council Member Weyhrauch spoke of a mistake that was made on the date of the meeting but indicated the Finance Committee and Land Subsidence Committee met recently.
2. TULARE COUNTY TASK FORCE ON HOMELESSNESS - SEPTEMBER 18, 2024
Mayor Flores reported on those in attendance, the approval of Minutes, presentations on Proposition 1 and Visual Faces, and updates from various committees and subcommittees.
3. MIGHTY 190 COMMITTEE - SEPTEMBER 25, 2024 - No report was provided.
4. TULARE COUNTY ECONOMIC DEVELOPMENT CORPORATION (TCEDC) - SEPTEMBER 25, 2024
Mayor Flores reported on those in attendance, approval of Minutes and Financials, project and client services, and staff updates.
ORAL COMMUNICATIONS
None.
OTHER MATTERS
• Council Member Beltran mentioned several upcoming events, including Pioneer Days, the Porterville Chamber of Commerce Candidate Forum, and a Ribbon Cutting for the Santa Fe Byway Trail. Council Member Beltran also commended the staff for their work on the SoTu Master Plan and noted that the Animal Services Facility is now at capacity and reminded the community to be responsible pet owners. • Council Member Weyhrauch stated it was an honor to recognize the recipients of the Employee of the Month and Service Awards, spoke of an incident involving First Responders, and reiterated comments he made about safe driving. • Council Member Meister addressed comments made by a member of the public, provided input on various agenda items, and suggested adding the words "E pluribus unum" under the city seal in the council chambers as part of the reconstruction. In addition, Council Member Meister congratulated all the recipients of the Employee of the Month and Service Awards.
• Vice Mayor Carrillo praised the staff for their efforts in serving the community and expressed regret for not being able to attend the ribbon-cutting ceremony for the Santa Fe by Way trail due to a scheduling conflict. She also congratulated the employees who were recognized as Employee of the Month and for Service Awards.
Additionally, she thanked Council Member Beltran for bringing attention to the Library Facility Planning Committee meeting and the comments made during the meeting. • Mayor Flores discussed her participation in the police department's promotional ceremony, the Bells Across America Event, and expressed gratitude to the IT department for their dedicated work for the city.
• Deputy City Manager Ridenour mentioned upcoming events, such as Coffee with the Cop and the Ribbon Cutting for the Santa Fe Byway Trail.
CLOSED SESSION
None.
ADJOURNMENT
The Council adjourned at 8:15 p.m. to the meeting of October 15, 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 – OCTOBER 15, 2024
SUBJECT: Authorization for Police Truck Engine Replacement SOURCE: Public Works
COMMENT: Vehicle #3362 is an active Community Service Officer (CSO) police support vehicle that has experienced an engine failure. It has approximately four years of service life remaining and should be repaired by a certified Chevrolet repair facility.
Completing this repair would extend the useful service life and push out the replacement date. Staff is requesting authorization to utilize Merle Stone Chevrolet, the nearest certified Chevrolet repair facility to perform the engine replacement at a cost not to exceed $15,580.05, (inclusive of all parts, taxes, labor including a 10% contingency). Utilizing a certified Chevrolet repair facility will provide the maximum warranty for the necessary repair. Funds are available in the Equipment Replacement Budget.
RECOMMENDATION: That the City Council:
1. Authorize Police truck engine replacement by Merle Stone Chevrolet at a cost not to exceed $15,580.05, (inclusive of all parts, taxes, labor, and a 10% contingency); and
2. Authorize payment of said repair upon satisfactory
completion.
ATTACHMENTS: 1. Vehicle #3362 Engine Replacement
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
Item No. 3.
CITY COUNCIL AGENDA – OCTOBER 15, 2024
SUBJECT: Authorization to Purchase Materials for the Zalud Park Pipe Project SOURCE: Public Works
COMMENT: The Water/Sewer Division is seeking authorization to purchase piping to replace the Zalud Park retention basin discharge pipe. Zalud Park is critical in stormwater drainage for the eastern portion of the city’s stormwater runoff. This project will replace approximately 1,300 feet of pipe that discharges into the Belleview Avenue storm drain system, and all work will be performed by city staff.
Staff contacted three (3) pipe suppliers for quotes. The quotes are as follows:
Core & Main $57,520.13
Ferguson $57,811.28
Pace $64,756.26
Core & Main has been identified as the lowest quote, therefore securing the quote for the purchase of 1,300 feet of 12” C900 pipe. Expenditure for the project has been identified in the 2024/2025 Capital Improvement Project funded by the Water Replacement Fund. Project cost will not exceed $63,272.14, which includes piping, shipping, taxes, and 10% contingency.
RECOMMENDATION: That the City Council:
1. Authorize the purchase of 1,300 feet of 12” C900 pipe from Core & Main for a total project amount not to exceed $63,272.14, which includes piping, shipping, taxes, and 10% contingency;
2. Direct the Finance Director to initiate a Purchase Order to Core & Main for a total project amount not to exceed $63,272.14, which includes piping, shipping, taxes, and 10% contingency; and
3. Direct the Finance Director to make payment to Core & Main upon receipt of the invoice approved by the Public Works Director.
ATTACHMENTS: 1. Core & Main Quote
2. Ferguson Quote
3. Pace Supply Quote
Appropriated/Funded:
Item No. 3.
Review By:
Department Director:
Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
FERGUSON WW BAKERSFIELD #2777
2900 FAIRHAVEN DRIVE
BAKERSFIELD, CA 93308-6125
Phone: 661-396-3230
Fax: 661-397-7429
Deliver To:
From: Robert Calvillo
[email protected]
Comments:
HOW ARE WE DOING? WE WANT YOUR FEEDBACK!
Scan the QR code or use the link below to
complete a survey about your bids:
https://survey.medallia.com/?bidsorder&fc=3303&on=3388
12:52:44 OCT 08 2024
FERGUSON WATERWORKS #2777
Price Quotation
Phone: 661-396-3230
Fax: 661-397-7429
Bid No: B005322
Bid Date: 10/08/24
Quoted By: RXC
Cust Phone: 559-782-7516
Terms: NET 10TH PROX
Customer: CITY OF PORTERVILLE
291 N MAIN ST
PORTERVILLE, CA 93257
Ship To: CITY OF PORTERVILLE
291 N MAIN ST
PORTERVILLE, CA 93257
Cust PO#: 12 C900 BLUE Job Name: ZALAD PARK STORM
Item Description Quantity Net Price UM Total
DR18BP12 12 C900 DR18 PVC GJ BLUE PIPE 1300 40.705 FT 52916.50 Net Total: $52916.50
Tax: $4894.78
Freight: $0.00
Total: $57811.28
Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE CONTRACTOR CUSTOMERS: IF YOU HAVE DBE/MBE/WBE//VBE/SDVBE/SBE GOOD FAITH EFFORTS DIVERSITY GOALS/ REQUIREMENTS ON A
FEDERAL, STATE, LOCAL GOVERNMENT, PRIVATE SECTOR PROJECT, PLEASE CONTACT YOUR BRANCH SALES REPRESENATIVE IMMEDIATELY PRIOR TO RECEIVING A QUOTE/ORDER.
ARE NOT FIRM UNLESS NOTED OTHERWISE.
https://www.ferguson.com/content/website-info/terms-of-sale Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at
Govt Buyers: All items are open market unless noted otherwise.
QUOTATION
Part Number Description Price Qty Unit Extended Price
Quote#
Quote Date
Page#
Subtotal
Estimated Sales Tax
Estimated Freight
Total
Ship To:
Expiration Date
Job Name
Requested By
FOB Prepared By
Salesperson
Ln#
2164164
10/08/24
1 WE ARE PLEASED TO QUOTE YOU ON THE FOLLOWING MATERIAL
PACE SUPPLY CORP
4569 E. HOME AVENUE
FRESNO CA 93703
559-251-7581
11/07/24
Bernie Howell
CITY OF PORTERVILLE 41404-00
291 N MAIN ST
PORTERVILLE CA 93257
ORIGIN [email protected]
4990.45
59765.81
Bernie Howell
[email protected]
64756.26
Online Quote
2164164
>>> SEGMENT: 1 - 1
1 PVPDR1812 12 X 20 PVC C900 DR18 BLUE PIPE 4597.37 1300 CF 59765.81 ---------.--
59765.81
Item No. 4.
CITY COUNCIL AGENDA – OCTOBER 15, 2024
SUBJECT: Authorization to Purchase an Air Conditioning Unit SOURCE: Public Works
COMMENT: The Wastewater Treatment Facility (WWTF) is requesting authorization to replace one (1) air conditioning unit that has recently failed. The unit was originally installed in 2011 and is obsolete as repair parts are no longer available. The failed unit services the WWTF's main electrical room and is vital to maintaining a safe and optimal working environment for the electrical equipment. The air conditioning system prevents overheating, potential fire hazards and electrical short circuits.
The WWTF staff contacted four (4) air conditioning companies for quotes. The quotes are as follows:
TAM-N-TJ'Z Cooling-N-Heating Inc. $9,500.00
Sam's Air Conditioning & Heating $10,495.00
LEE'S Air-Plumbing-Heating $17,495.07
SHAW'S Home Comfort $18,244.00
TAM-N-TJ'Z Cooling-N-Heating Inc. has been identified as the lowest quote, therefore securing the quote for the purchase and installation of one (1) 3.5-ton air conditioning unit. Expenditure for the project is to be funded from the 2024/2025 WWTF Operating Budget in the amount not to exceed $10,450, which includes one (1) air conditioning unit, installation, taxes, and 10% contingency.
RECOMMENDATION: That City Council:
1. Award the replacement and installation of a 3.5-ton unit to TAM-N-TJ'Z Cooling-N-Heating Inc. for a total project amount not to exceed $10,450, which includes one (1) air conditioning unit, installation, taxes, and 10% contingency;
2. Direct the Finance Director to initiate a Purchase Order to TAM-N-TJ'Z Cooling-N-Heating Inc. for a total project amount not to exceed $10,450, which includes one (1) air conditioning unit, installation, taxes, and 10% contingency; and
3. Direct the Finance Director to make payment to TAM-N-TJ'Z Cooling-N-Heating Inc. upon receipt of the invoice approved by the Public Works Director.
ATTACHMENTS: 1. TAM-N-TJ'Z Quote
Item No. 4.
2. SAM'S Quote
3. LEE'S Quote
4. SHAW'S Quote
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
Item No. 5.
CITY COUNCIL AGENDA – OCTOBER 15, 2024
SUBJECT: Fleet Management Software Renewal
SOURCE: Public Works
COMMENT: The City's Public Works Department Equipment Maintenance Shop operates Fleet Management Software provided by a proprietary vendor, Ron Turley Associates. The existing one-year contract expires on November 30, 2024. City staff has been testing the paperless shop version of the software and is interested in transitioning to the cloud-based platform. The one-year contract renewal with Ron Turley Associates costs $13,763.20, and the renewal will allow staff sufficient time to continue analyzing the cloud-based platform and the mobile application and compare it with alternative vendors. The service contract includes cloud hosting services, unlimited technical support, a mobile application, a new cloud-based application, and provides training for staff performing data entry.
The funding for the service contract renewal and extension will be funded from the Equipment Maintenance operating budget.
RECOMMENDATION: That the City Council:
1. Approve the software contract with Ron Turley Associates for one year in the amount of $13,763.20; and
2. Authorize payment for these services from the Equipment Maintenance Shop Operating Budget.
ATTACHMENTS: 1. Ron Turley Associates Inc- Invoice
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
Ron Turley Associates Inc - Invoice #68002
FROM
Ron Turley Associates Inc
RTA Fleet Management Software
17437 N 71st Drive Ste 110
Glendale, AZ 85308
(623) 581-2447
INVOICE SUMMARY
Invoice Number 68002
Date 10/01/2024
Terms Net 30
Due Date 10/31/2024
Amount Due (USD) $ 13,763.20 BILL TO
City of Porterville
Attn: Accounts Payable
291 North Main Street
Porterville, CA 93258
USA
SHIP TO
Attn: Accounts Payable
291 North Main Street
Porterville, CA 93258
USA
DESCRIPTION AMOUNT
Annual [Platinum] SaaS Renewal fee for the term starting 12/01/2024 and ending 11/30/2025 at 2024 List Price.
34,108.80
Annual 10% increase less Adjustment -20,345.60
Amount Due (USD) $ 13,763.20
ACH/Wire Instructions:
MidFirst Bank
3030 E Camelback Rd, Phoenix, AZ 85016
Routing #122187445 / Account # 2063003600
Payment via Check:
17437 N 71st Drive Ste 110, Glendale, AZ 85308
City of Porterville
Attn: Accounts Payable
291 North Main Street
Porterville, CA 93258
USA
INVOICE SUMMARY
Invoice Number 68002
Terms Net 30
Due Date 10/31/2024
Amount Due (USD) $ 13,763.20
Item No. 6.
CITY COUNCIL AGENDA – OCTOBER 15, 2024
SUBJECT: Consideration of Approval of Contract Renewal with CivicPlus SOURCE: Administrative Services
COMMENT:
In September 2019, the City Council authorized entering into a contract with CivicPlus which operates under the name CivicClerk. CivicClerk is a webbased agenda management system that significantly streamlined and automated the City Council Agenda process.
The original contract outlined automatic renewals which were subject to a five percent (5%) annual increase beginning in the third year. The City's contract was set to renew on November 1st, 2024, at the rate of $10,638.11. On August 29, 2024, CivicPlus sent the City a 60-day notice to terminate the original contract due to their inability to renew it at the approved rate due to inflation.
CivicPlus is proposing a new contract at the rate of $11,955.21 annually, subject to a five percent (5%) annual increase each renewal term. Funding for the contract renewal is available in the Administrative Services General Fund operating budget.
RECOMMENDATION: That the City Council approve the proposed contract renewal with CivicPlus at the rate of $11,955.21, with a five percent (5%) annual increase each renewal term and automatic renewals, for the web-based agenda management system.
ATTACHMENTS: 1. CivicClerk Renewal Agreement
Appropriated/Funded:
Review By:
Department Director:
Yuliana Andrade, Administrative Services Director
Final Approver: Patrice Hildreth, City Manager
CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
US
Quote #: Q-82961-1
Date: 8/23/2024 10:47 AM
Customer: PORTERVILLE CITY,
CALIFORNIA
QTY Product Name DESCRIPTION
1.00 CivicClerk Annual Fee - Custom
Renewal
CivicClerk Annual Fee Renewal
Annual Recurring Services - Initial Term USD 11,955.21
Annual Recurring Services - (Subject to Uplift) USD 11,955.21
1. This renewal Statement of Work ("SOW") is between City of Porterville, CA (“Customer”) and CivicPlus, LLC and shall be subject to the terms and conditions of the Master Services Agreement (“MSA”) and the applicable Solutions and Products terms found at:
www.civicplus.help/hc/p/legal-stuff (collectively, the “Terms and Conditions”). By signing this SOW, Customer expressly agrees to the Terms and Conditions throughout the Term of this SOW. The Terms and Conditions form the entire agreement between Customer and CivicPlus (collectively, referred to as the “Agreement”). The Parties agree the Agreement shall supersede and replace all prior agreements between the Parties with respect to the services provided by CivicPlus herein (the “Services”).
2. This SOW shall remain in effect for an initial term starting at the Customer’s next renewal date of 11/1/2024 and running for twelve months (“Initial Term”). In the event that neither party gives 60 days’ notice to terminate prior to the end of the Initial Term, or any subsequent Renewal Term, this SOW will automatically renew for additional 1-year renewal terms (“Renewal Term”). The Initial Term and all Renewal Terms are collectively referred to as the “Term”.
3. Unless terminated, Customer shall be invoiced for the Annual Recurring Services on each Renewal Date of each calendar year subject to an annual increase of 5% each Renewal Term.
V. PD 06.01.2015-0048
Acceptance
By signing below, the parties are agreeing to be bound by the covenants and obligations specified in this SOW. For CivicPlus Billing Information, please visit https://www.civicplus.com/verify/.
IN WITNESS WHEREOF, the parties have caused this SOW to be executed by their duly authorized representatives as of the dates below.
Client CivicPlus
By:
___________________________________
By:
Printed Name:
___________________________________
Printed Name:
Amy Vikander
Title:
___________________________________
Title:
Senior Vice President of Customer Success
Date:
___________________________________
Date:
8/29/2024
___________________________________
V. PD 06.01.2015-0048
CITY COUNCIL AGENDA – OCTOBER 15, 2024
SUBJECT: Authorization to Enter Agreement with Data Pilot SOURCE: Police
COMMENT: Digital forensics, in all forms, continues to be a key investigative tool for evidence collection for the Porterville Police Department and other agencies across the country. In years past, the police department utilized Cellebrite, a data acquisition platform/tool, to access evidentiary information on suspects, victims, and witnesses' cellular telephones to further criminal investigations.
Recently, Cellebrite has become less reliable and much more expensive, making it less feasible to continue with a yearly contract/partnership.
Staff were contacted by a representative from Data Pilot, which is similar to Cellebrite, in that the platform/tool acquires data from cellular telephones, computers, CCTV, and other surveillance equipment. Data Pilot also has the ability to add a much-needed field triage capability to officers/detectives in the field. This timely acquisition of data is highly important, as electronic data is very time-sensitive.
Upon being presented with Data Pilot and its capabilities, the Porterville Police Department was afforded a 45-day trial period, which we are nearing the end of.
During this short trial period, investigators obtained valuable information that has led to crucial evidence collection, including a firearm used in an attempted homicide. Without the use of Data Pilot, this evidence would not have been located.
Data Pilot’s software and acquisition tools are being utilized by hundreds of agencies across the country, including the Federal Bureau of Investigations. In planning to enter into a two (2) year contract with a new digital forensics acquisition company, staff submitted, and was approved for a grant covering approximately half ($7,195) of the total cost ($14,280.08), which includes the license, equipment, and training. Following acceptance of the grant, the two (2) year contract will cost the police department $7,085.08. Funds for this acquisition are available in the department's budget.
RECOMMENDATION: That the City Council:
1. Accept the grant funds from the 2024 Mobile Forensics LTP Grant Program in the amount of $7,195.00 and;
2. Approve staff to enter the two (2) year contract with Data Pilot for the amount of $7,085.08.
ATTACHMENTS: 1. Data Pilot Executive Summary
2. Porterville PD Quote
3. Data Pilot Grant Program
Appropriated/Funded:
Review By:
Department Director:
Jake Castellow, Chief of Police
Final Approver: Patrice Hildreth, City Manager
DATAPILOT creates innovative mobile and digital forensic solutions that are affordable, easy to use, and compatible, saving law enforcement valuable time, money, and resources.
DATAPILOT allows every agency and officer to utilize digital forensics in any investigation by providing an affordable, easy-to-use, and compatible solution.
At DATAPILOT our mission and passion are to help alleviate your budget and time challenges when it comes to mobile forensics. We do this by providing law enforcement with affordable, easy to use solutions that will help your detectives be more effective and efficient. The goal is to speed up the process of the investigation, close cases faster and make for a safer community.
Our DATAPILOT platform can be found in over 1,400 state and local and agencies.
Confidential datapilot.com
Date: 2024
Subject: DATAPILOT Forensic Solutions
Greetings,
DATAPILOT is pleased to submit for your consideration the following product solutions summary to support your mission.
Our DATAPILOT Forensic platform has been designed to meet the ever-growing demands of the rapidly changing mobile & digital forensic industry, enabling your organization to enhance its investigative capabilities, streamline processes, and maintain evidence and intelligence integrity.
We support your mission to provide complete extractions, examine and triage phones, watches, tablets, external drives and cards, CCTVs, gaming consoles and more. We support the collection of social media and encrypted chat applications (such as Google, WhatsApp, Meta, Line, Snapchat, Kik, Signal, Line) cloud data, location data, crypto and banking, and much more. If you can see it, we can capture it.
Our solutions are designed for all aspects of your investigation: Victim, witness, informant and suspect evidence and intelligence collection. We can collect a single minute in time, a single file in time on through to an entire device and Google drive.
In addition to powerful, easy to use applications, we include:
• Reporting and Discovery applications for sharing evidence and intelligence between team members, investigators, and prosecutors.
• Advanced Analytics with Time Line, Link Graph, GeoTag Plotter, Gallery Search and more! • Complimentary training for your team members to support the cost effectiveness of sharing equipment and software, being informed of current forensic challenges, and learning the latest tips and tricks.
• Monthly product updates – Mobile devices are updated frequently, and so do we. • Feedback from you and our R & D with large agency labs and research groups allows us to implement and deliver new technology features into all our users’ hands every month. • A dedicated and caring Customer Success and Support team.
DATAPILOT, Inc.
18200 Von Karman, Suite 780
Irvine, California 92612
Background
Purpose
DATAPILOT creates innovative mobile and digital forensic solutions that are affordable, easy to use, and compatible, saving our users valuable time, money, and resources.
Our Mission
We’re on a mission to deliver impactful affordable solutions that empower state and local law enforcement to get the job done efficiently. We’re helping agencies large and small save money, decrease backlogs and increase digital forensic capabilities in the lab and more importantly in the field. Ultimately reducing crime and saving you valuable resources and precious time.
Our Values
➢ Customer success is our top priority
➢ Breakthrough ideas
➢ Passion driven culture
➢ Quality focused processes
About us
We are a group of heart driven, performance-based folks who work for a higher cause, and in 2018 we decided to introduce a rugged, affordable handheld IoT device, that was easy to use and would meet the needs of mobile digital forensics in the lab and outside in the field.
What started as a handheld IoT device with 375 agencies has quickly grown to over 1,600 agencies worldwide with handheld devices and desktop solutions.
Our leading acquisition capabilities includes 8 powerful applications, with Case Management and competitive reporting and analytics application.
We also have integrated partners, like Cyacomb, for fast finding CSAM.
Most recently our R & D team has been working with large agency labs and R & D teams to produce the next round of acquisition, parsing and reporting applications for the next technological challenges facing law enforcement: Artificial Intelligence, drones, IoT, and so much more.
From our early beginnings as the largest data transfer company between Nokia phones and other feature phones, to a world leader in mobile forensics, providing access to the newest iOS and Android operating systems, DATAPILOT is here reduce your case load and be a force multiplier! Confidential datapilot.com
Confidential datapilot.com
DATAPILOT Platform Functionality and Flow
Storage Options
Target Devices
Internal
USB External Devices
➢ Flash and Hard Drives
Network Drives
➢ Via Wi-Fi and Ethernet
External Devices
SD and CF Cards
USB Drives
USB External Drives
HDMI Output Devices
DVRs, Game Consoles,
PCs and so much more.
Phones | Tablets | Watches
Compatible
Data
➢ SQL, XML, HTML
Forensic Products
➢ Cellebrite, Magnet, Oxygen and more
Triage and Acquire
➢ Physical
➢ Advanced Logical
➢ Time Slice
➢ Flex Specific Files
➢ Linked Screen
➢ Linked Video
➢ DP Share
➢ Optical Screen
➢ Optical Video
➢ HDMI Capture
Parse, Carve, Decode
Report
Analysis
Phones and Tablets
• Android, iOS and KaiOS
• Android derivatives
• Feature Phones of the
past and current burner
phones
Watches
• Tizen and Wear OS
• Apple iOS
• 3, 4, 5, SE (all)
• Hardware
required
What We Do
Targets
Android OS and Apple iOS
• From their original releases way back when
Mobile hardware from around the world
• Compatible with all major and foreign.
• You have a device that has problems, we will get it and solve it.
USB drives, SD and CF Cards, Mountable drives
Video and linked screen capture from iOS 16+ and Android devices, gaming consoles, DVRs and HDMI output devices and accessories.
Confidential datapilot.com
• Mirror target device, capture screens, with OCR
• Video Record Content and Acquisitions
• Auto-scroll and capture technology
Optical Picture and Video Capture
• Photograph and video evidence, with OCR
Powerful Acquisition Apps
Acquire Data
Techno Cable Kit - The Techno Cable Kit includes the variety of connectors required to collect video and linked screen capture from iOS 16+ and Android devices, gaming consoles, DVRs and HDMI output devices and accessories. • Affordable, easy-to-use, intuitive, and built-in
help
• View evidence in real-time and capture it
accordingly.
• 8 Powerful acquisition technologies
• Acquire only the evidence you need.
• Screen mirror and take snapshots of messages in
encrypted applications such as Snapchat,
WhatsApp, Telegram, Kik, Facebook Messenger
and other Meta based applications.
• Perfect for victim and witness evidence gathering.
• Data is compatible with DPDesktop and other
forensic products.
Confidential datapilot.com
Techno Power Kit
The ultimate DP handheld add-on
• Hard Case
• Docking Station
• Charge DP10
• 2 USB Ports
• Ethernet
• Battery Charger
• Extra Battery
• Car Charger with 2 USB Ports
• Ethernet Cable
Extraction
• Physical Image
• Bit by Bit, including deleted data
• Use your forensic tools to parse
• Logical Copy
• Select entire disks / partitions
• Select entire folders
• Select individual folders and files
Viewer
• Built-in gallery for viewing images and
playing videos
• Headphones option for privacy
• Make file selections right from the gallery
viewer
• Simply touch the photo or video to
select
• Report and Search
• Importable into other forensic tools
Techno Data Kit External Devices
SD and CF Cards
USB Drives
USB External Drives
Confidential datapilot.com
Triage, Acquisition, Analysis and Reporting
• Powerful desktop forensics for mobile and digital devices. • Affordable, easy-to-use, intuitive, and built-in help • Android, Apple, KaiOS, USB drives, SD and CF Cards, Hard drives, and Cloud
• View evidence in real-time and capture the evidence accordingly. • 8 Powerful acquisition technologies - to get the data you need when you need it.
• Evidence data is compatible with other products.
Case Management
• Integrated with your DPl0 Cases and
Acquisitions
• Organize your Case, Acquisition, and
data intelligence.
Analysis and Reports
• Free reporting tool
• Visualizations for Hierarchical,
Timeline, Social Graphs, and
Geo location data.
• Intelligent insights and
statistics
• Evidence flagging and tagging.
• Search and Time-Slice
functionality
➢ Affordable
➢ Effective
➢ Versatile – In-field | Office | Lab
➢ Easy-to-Use (no training required)
➢ Intuitive
➢ Built-In Help
➢ 8 Powerful Acquisition Apps
➢ Report, Analyze, Search / Filter, Evidence Meta
Tagging
➢ Complimentary Training
➢ Compatible with Lab Software
Value Proposition
Confidential datapilot.com
Custom Solutions: We pride ourself on creating custom solutions that meet the needs of your agency. We are proud to be a US based company that can adapt, improvise, and overcome any hurdles that your agency is presented with. Contact us and set up an appointment for us to better understand your needs.
As proof by our pricing, we are the most affordable mobile forensic solution on the market and we push the envelope when it comes to acquiring mobile devices, storage devices, gaming devices, recording devices and watches.
Confidential datapilot.com
DATAPILOT, Inc.
18200 Von Karman, Suite 780
Irvine, California 92612
Thank you
Thank you for your service and dedication and for what you do every day for all of us out in the world… for your communities, your families, fellow agents, and team members.
It is not easy, and while it may seem at times that some may not appreciate you, just know you are valuable to so many in so many ways.
Thank you again for your time and consideration.
Your DATAPILOT Team
Item No. 8.
CITY COUNCIL AGENDA – OCTOBER 15, 2024
SUBJECT: Authorization to Advertise for Bids - Community Center & Park Project SOURCE: Engineering and Project Management
COMMENT: The Plans and Project Manual have been prepared for the Community Center & Park Project located at Henderson Avenue and Fourth Street. This project includes the construction of a fully-sprinklered 16,514 square foot community center with a gym, a racquetball court, teen activity and study rooms, and staff offices. The project also includes the development of a park on the property that includes a splash pad, challenge course, pump track, climbing boulder, mini pitch area, playground, and connections to the newly refurbished Santa Fe Byway.
The Engineer's Estimate of Probable Cost is $18,247,577.70. Funding for this project was approved in the 2024-2025 Fiscal Year Budget from four funding sources; a Proposition 68 Grant in the amount of $6,432,000 for construction, American Rescue Plan Act Funds in the amount of $4,057,850, Measure R - Alternative Transportation Funds in the amount of $900,000, and Measure I funds in the amount of $7,242,150.
RECOMMENDATION: That the City Council:
1. Approve staff's recommended Plans and Project Manual;
2. Authorize staff to advertise for bids on the project; and
3. Authorize the City Engineer to negotiate 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
LOCATION MAP
NOT TO SCALE
NOT TO SCALE
VICINITY MAP
65 190
PROJECT AREA
OLIVE AVE
PLANO ST
PROSPECT ST
MAIN ST
HENDERSON AVE
MORTON AVE MAIN ST JAYE ST
DATE AVE
DOWNTOWN
TULARE RIVER
NEWCOMB ST
PROJECT AREA
65 MORTON AVE
HENDERSON AVE
OLIVE AVE MAIN ST VILLA ST PLANO ST
WESTFIELD AVE
FOURTH ST COMMUNITY CENTER AND PARK
PORTERVILLE, CA
CITY OF PORTERVILLE
Item No. 9.
CITY COUNCIL AGENDA – OCTOBER 15, 2024
SUBJECT: Authorization to Distribute Request for Qualifications - Construction Management and Inspection Services for the Community Center & Park Project SOURCE: Engineering and Project Management
COMMENT: Plans and specifications have been completed for the construction of the City of Porterville Community Center and Park Project to be located on Henderson Avenue just east of Fourth Street. The nature and size of the project will require a full-time construction management team on-site throughout the duration of the project. As such, staff has prepared a Request for Qualifications (RFQ) for these services. Qualified firms interested in providing these services for the project shall submit a statement of qualifications that will be reviewed and rated by a selection panel. The highest ranking firms, typically two to three firms, may be asked to participate in an interview panel and ranked again.
Staff will then present the results of the ranking to City Council for approval and to direct staff to negotiate a fee with the highest ranking firm or the firm determined by Council. The chosen firm will meet with staff to fine tune the scope and deliver a fee. If the fee is acceptable, staff will then seek the Council's approval to execute a Service Agreement.
RECOMMENDATION: That the City Council authorize staff to distrubute a Request for Qualfications for Construction Management and Inspection Services for the Community Center & Park Project.
ATTACHMENTS: 1. Draft RFQ
Appropriated/Funded:
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: Patrice Hildreth, City Manager
REQUEST FOR QUALIFICATIONS
Construction Management and Inspection Services:
Fourth Street Community Center & Park
CITY PROJECT #: 89-9411-88
PREPARED BY:
ENGINEERING & PROJECT MANAGEMENT DEPARTMENT
OCTOBER 2024
I INTRODUCTION AND OBJECTIVES:
The City of Porterville (hereinafter referred to as ''CITY'') is requesting a statement of qualifications (SOQs) from engineering consultants to provide construction management and inspection services for the construction of the Jaye Street Bridge Widening project. The attached Scope of Services provides detailed tasks required as part of these services.
II EXAMINATION OF PROPOSAL DOCUMENTS:
By submitting a proposal, each CONSULTANT represents that it has thoroughly examined and become familiar with the work required under this RFQ and that it is capable of performing quality work to achieve the objectives of CITY.
III ADDENDA/CLARIFICATIONS:
Any CITY changes to this RFQ will be made by written addendum through publicpurchase.com.
No verbal modification shall be binding. All RFQ questions from CONSULTANTs must be received by the end of the day on Thursday, November 7, 2024.
IV PROPOSAL REQUIREMENTS:
Proposals for this project will be accepted at this office until 4:00 p.m., on Thursday, November 21, 2024. Three (3) copies of the proposal shall be submitted in a sealed envelope, plainly marked “SOQ for Construction Management and Inspection Services: Community Center & Park Project.” Cost proposals shall not be submitted until requested by CITY. Proposals shall be addressed to:
Sarah Weaver, Project Manager
Engineering & Project Management Department
City of Porterville
291 N. Main Street
Porterville, CA 93257
CITY reserves the right to reject any and all proposals, which do not meet the requirements of this RFQ and/or any portion of the requirements of this project.
V PRE-CONTRACTUAL EXPENSES:
Pre-contractual expenses are defined as expenses incurred by the CONSULTANT in:
1) preparing and reproducing its proposal in response to this RFQ; 2) submitting its proposal to CITY; 3) negotiating with CITY any matter related to this RFQ and CONSULTANT's proposal; 4) other matters prior to the date of award of a Contract.
CITY shall not be liable for any pre-contractual expenses incurred by CONSULTANT in the preparation of proposals. Pre-contractual expenses shall not be included in the cost proposal.
VI EXCEPTIONS/DEVIATIONS:
Any exceptions to the requirements of this RFQ must be included in the CONSULTANT's proposal. Such exceptions must be included as a separate element of the proposal entitled “Exceptions and Deviations.”
VII CONSULTANT REPRESENTATIVE:
The CONSULTANT shall assign a responsible representative and an alternate, both of whom shall be identified in the proposal. The CONSULTANT's representative shall remain in responsible charge for the duration of the project. Should the CONSULTANT's primary representative be unable to continue with the project, the CONSULTANT's alternate representative shall become the primary representative. No personnel changes will be acceptable without prior approval by CITY. CITY reserves the right to reject any changes in personnel at any time during the course of this project. CITY also reserves the right to terminate the contract if, in the opinion of CITY, substantial changes in project management may jeopardize the successful completion of this project to the satisfaction of CITY.
VIII LOCAL AGENCY REPRESENTATIVE:
Sarah Weaver, Project Manager, shall be the Contract Administrator and contact person for all communications with CITY.
IX INSURANCE REQUIREMENTS:
The CONSULTANT shall maintain and provide current copies to CITY of the following minimum insurance coverage for the duration of this project:
Full liability under Worker’s Compensation laws of the State of California General comprehensive liability (bodily injury and property damage)* Professional liability insurance (errors and omissions)* Automotive liability Insurance*
*All must provide a combined single limit (CSL) of not less than $2 million per occurrence.
X INDEMNIFICATION:
The CONSULTANT shall indemnify, defend, and hold harmless CITY, its elected and appointed officers, employees, and agents from and against any and all claims, including attorney's fees and reasonable expenses for litigation or settlement, for any loss, damages, bodily injuries, and loss of property caused by negligent acts, omissions, or willful misconduct by the successful CONSULTANT and its subconsultants arising out of performance of the requirements of the Contract.
XI SUBCONTRACTING:
Only those firms identified in the Contract as subconsultants shall be allowed to perform work on this project. Any amendments to this requirement shall be made in writing by prime CONSULTANT to CITY. CITY has the right to reject any requested amendments at any time during the course of this project.
XII FEDERAL, STATE, AND LOCAL LAWS:
The CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, ordinances, and statutes. Participation of Disadvantaged Business Enterprise/s (DBE/s) is highly encouraged. A DBE goal has not been set for this project but the inclusion of DBE will be reviewed as a component or the rating process.
XIII PROPOSAL FORMAT AND CONTENT:
Proposals shall be brief and include a concise address of the following information:
A. Firm Experience:
1. A brief list of similar projects completed in the last five (5) years, indicating the specific relationship if other than principal, and each firm's responsibilities.
Descriptions of pertinent experience should include a summary of work performed, adherence to schedules, the duration of each project, and the name, title, and phone number of clients that may be contacted for reference.
2. Other information that might aid CITY in ascertaining firm's qualifications.
B. Consultant Team:
Name of prime consulting firm, subconsultant(s), names of principals, associates, project manager, and key personnel, their proposed level and areas of responsibility, and their qualifications/certifications in those areas. The CONSULTANT's Project Manager and key personnel will be an important factor considered by CITY.
1. Any changes to personnel assigned to this project shall be made in writing to CITY. CITY reserves the right to reject any proposal with modified personnel.
2. If subconsultants are used, names of each subconsultant's key personnel for the project, their professional experience, qualifications/certifications, and training, which are applicable to this project, and the scope of services that will be provided by each subconsultant.
3. The office location from which the CONSULTANT(s) shall operate along with telephone and/or cell number of the project manager.
C. Proposal Format:
1. Proposals shall contain no more than twenty (20) pages (excluding cover sheet, table of contents, index sheets, and resumes), double-sided, font size no less than 10 pt., and single or double-spaced. Cover letters will be counted as part of the twenty sheets. The City encourages the use of recycled materials.
2. Proposals should include, but not be limited to, the following:
a. Page numbering;
b. Table of Contents, if applicable;
c. Section dividers with tabs, if applicable;
d. Identification of offering firms, including name, address, and telephone number of each firm;
e. Prime CONSULTANT organizational chart, which includes subconsultant(s) with names and titles of personnel to be used for this project; f. Acknowledgment of receipt of RFQ addenda, if any;
g. Concise, complete response to the technical aspects requested in the “Scope of Services”; and
h. Exceptions to or deviations from the requirements of this RFQ, separating technical exceptions from contractual exceptions. Any alternative approach proposed by the CONSULTANT shall be thoroughly explained and shall meet the objectives of CITY.
XIV PROPOSAL EVALUATION CRITERIA:
Evaluation criteria used to select the CONSULTANT shall include, but not be limited to, the following:
A. Firm(s) experience with similar projects;
B. Firm(s) key personnel qualifications/certifications and experience, especially the project manager and individuals performing services;
C. Firm(s) understanding of the project requirements;
D. Firm(s) ability to provide the required services in a timely and cost-effective manner to meet the required schedule;
E. Firm(s) policy in providing Equal Employment Opportunity; and F. Firm(s) approach to provide the best product for CITY.
The attached CITY’S Consultant Selection Rating Form shall be used to rate each firm.
XV CONSULTANT SELECTION AND INTERVIEWS:
CITY selection committee, consisting of the Contract Administrator and at least two additional staff members familiar with the project requirements, will review all proposals and rank CONSULTANTs according to their demonstrated competence and professional qualifications as assessed by their response to this RFQ and the evaluation criteria contained in CITY’S Consultant Selection Rating Form. The top three (3) highest ranked CONSULTANT(s) may be invited for oral interviews with CITY team to determine the top-rated firm. However, in the event one proposal is clearly superior to all other proposals, The City of Porterville reserves the right to eliminate the oral interview process and present their recommendation to the City Council based solely on the proposals. The Engineering & Project Management Director shall make a recommendation to the City Council to award a contract to the top-rated firm.
The City Council, at its sole discretion, may choose to accept staff’s recommendation, or may choose to award a contract to another consulting firm, or may choose not to award a contract as this time. The Contract will be a written Service Agreement between the Consultant and the City setting forth the scope of work, responsibilities, deliverables, schedule, ownership of work, insurance requirements, compensation, method of payment, and other points. A sample Service Agreement is included in this RFQ package. Please indicate on the transmittal letter the firm’s ability to comply with the Service Agreement provisions, including insurance coverage.
Interviews are tentatively scheduled for the first week in December 2024. Each participating firm will be contacted via telephone for verification of interview date and time. Failure to be available at the time of a scheduled interview shall be considered non-responsive and shall be cause for elimination from any further consideration. CITY reserves the right to begin negotiations and enter into a Contract without interviews or further discussion.
XVI PROTEST PROCEDURES AND DISPUTE RESOLUTION PROCESS:
As required by 49 CFR 18.36(b)(12), the following process and procedures are to be followed in the event a dispute arises concerning this RFQ:
Only a prospective CONSULTANT who is aggrieved in connection with the RFQ or award of the contract may file a protest. All protests to resolve a dispute concerning this RFQ shall be submitted in writing stating the name and address of protestor, a contact person, must specify in detail the grounds of the protest, the facts and evidence in support thereof, and the remedy sought. The written protest must be delivered to CITY within the time limits provided below. In the absence of a timely and properly submitted written protest, no party responding to this RFQ shall be eligible for any remedy. No protest may be filed if the RFQ is cancelled or if all SOQs received in response to the RFQ are rejected.
Any applicant desiring to protest a determination concerning this RFQ or the recommendation of CITY staff, must file a protest, in writing, no later than twenty-four (24) hours prior to the meeting of the City Council at which the staff recommendation will be considered. The CITY’s Public Works Director shall have authority to settle and resolve a protest based upon the written protest and any oral and written response thereto provided by CITY staff. Any resolution of the protest shall be deemed final.
Appeals:
A. An appeal of a denial of award can only be brought on the following grounds:
1. Failure of CITY to follow the selection procedures and adhere to the requirements specified in the RFQ or any addenda or amendments;
2. There has been a violation of conflict of interest as provided by California Government Code Section 87100 et seq; and/or
3. A violation of State or Federal law.
B. Appeals will not be accepted for any reasons other than those stated above. Appeals must be sent to:
City of Porterville
ATTN: Engineering & Project Management Director
Engineering & Project Management Department
291 N. Main Street
Porterville, CA 93257
C. Accepted appeals will be processed and reviewed by the Engineering & Project Management Director within five (5) business days of receipt of written appeal; D. The Engineering & Project Management Director will consider only those specific issues addressed in the written appeal; and
E. If the determination is a denial of the appeal, CONSULTANT has the right to file a protest with the Federal Highway Administration per 49 CFR 18.36(b)(12).
XVII COST PROPOSAL:
A cost proposal shall not be submitted until requested by CITY. Negotiations with the topranked candidate may begin immediately. If an agreement cannot be reached within ten (10) working days, CITY may begin negotiations with the next selected candidate and will proceed accordingly. If necessary, this process will continue until either an agreement is reached or CITY elects to re-advertise for new proposals. CITY reserves the right to reject any and all proposals prior to award of a Contract.
XVIII CONTRACTS/AGREEMENTS:
The successful CONSULTANT shall enter into upcoming Contracts with CITY that are based on the contents of this RFQ, the CONSULTANT's SOQ and cost proposal, and CITY Contract. Where two or more CONSULTANTs desire to submit a SOQ (joint venture), only one CONSULTANT shall be listed as prime CONSULTANT. All others shall be listed as subconsultants. The chosen CONSULTANT is expected to be presented at the City Council meeting scheduled for Tuesday, December 17, 2024. Issuance of this RFQ and receipt of SOQs does not commit CITY to award a Contract. CITY reserves the right to postpone award of a Contract for its own convenience, accept or reject any or all SOQs received in response to this RFQ, and cancel any or all portions of this RFQ and resulting Contract.
XIX COMPENSATION:
A. All items of work required for completion of the project/s to result from this RFQ shall be paid for following the cost proposal format specified in each task order request.
Costs for any and all items not specifically listed, but required to complete the work for projects (including all exceptions and deviations stated included in CONSULTANT's SOQ), shall be included as part of the total cost proposed. No additional compensation shall be paid for such items. No additional compensation shall be given for any reproduction costs, except those in excess of the requirements stated in this RFQ. Only a change in scope or any significant task addition or increase shall receive consideration for additional compensation.
B. lf the CONSULTANT feels that any work it has been directed to perform is beyond the scope of the Contract and constitutes extra work, it shall notify CITY in writing within ten (10) days. CITY will review such notice and, if justified, authorize additional compensation to the CONSULTANT on a fair and equitable basis.
C. Monthly progress payments will be made to the CONSULTANT only upon submittal of invoices to CITY. Said invoice shall indicate the percentage completion of each task, as well as the overall percentage completion of the entire project. In addition, an updated schedule showing tasks and their degree of completion shall be provided.
XX OWNERSHIP OF REPORTS AND DOCUMENTS:
Originals of all documents, letters, drawings, design calculations, estimates, specifications, and other documents and data produced under the terms of the Contract shall become the property of CITY. CITY shall retain all rights in copyright. Copies may be made and retained by the CONSULTANT for its records, but shall not be furnished to others without the written consent of CITY for a period of three (3) years from the date of acceptance, by CITY, of all requirements of this project.
CONSTRUCTION MANAGEMENT AND INSPECTION
SCOPE OF SERVICES
PROJECT DESCRIPTION:
This project consists of the construction of a fully-sprinklered 16,514 square foot community center with a gym, a racquetball court, teen activity and study rooms, and staff offices. The project also includes the development of the 6.1 acre site for parking and as a park that includes a splash pad, challenge course, pump track, climbing boulder, mini pitch area, and connections to the newly refurbished Santa Fe Byway. The proposed project is located just east of the intersection of Henderson Avenue and Fourth Street in Porterville.
ITEMS OF WORK:
The intent of this scope of services is to set forth the requirements and responsibilities of the CONSULTANT for construction management, inspection, materials testing, construction surveying, environmental mitigation and monitoring, and related construction engineering activities for the recommendation of acceptance of improvements of the proposed construction project to assure consistent and satisfactory quality of such improvements in accordance with the approved construction documents. The work product shall meet the minimum requirements identified in this scope of services.
The CONSULTANT will provide a Construction Manager (CM), Structures Representative, necessary support staff, equipment, and materials to perform construction administration oversight and inspection services during the construction of the Construction Project. All CONSULTANT staff shall work under the supervision of the CM. These services will encompass serving as the CITY’S Resident Engineer (RE) to the Construction Contractor and the public with regard to activities at the construction site, interpretation of the requirements of the Construction Contract Documents, assessing the acceptability of the Contractor’s work, and materials testing. All persons in responsible charge of construction management, inspection, materials testing, and construction surveying must be registered in their respective discipline in the State of California.
The CM’s services will include review and analysis of construction documentation, documentation of pre-construction site conditions, interpretation of and Contractor’s conformance to the project plans, specifications, contract documents, and regulatory permits.
The CM will assess the acceptability of the Contractor’s work by visual observation, photo and video documentation and all applicable soil and materials testing. When necessary, the CM shall issue Notices of Non-Compliance and/or take other action to ensure correction of deficiencies. If safety violations are observed, the CM shall take appropriate action to ensure correction. The CM shall also manage requests for clarification, coordinate work with the Design Engineer, as required, and manage the project changes, evaluate Contractor’s claims, and prepare progress pay estimates. The CM will be expected to coordinate with the City of Porterville Building Division to schedule required building inspections throughout the process.
All construction management, inspection, materials testing, construction surveying, environmental mitigation and monitoring, and related construction engineering activities shall be completed as described in the Construction Management Plan (CMP) Manual prepared by the CONSULTANT specifically for this project and approved by the CITY. In addition to the approved CMP Manual, the CONSULTANT shall perform its activities in accordance with, but not limited to, the following documents:
a) Signed Project Plans and Specifications
b) Regulatory Agency Permits
c) Caltrans Construction Manual
d) Caltrans Local Agency Procedures Manual
e) Caltrans Standard Specifications
f) Caltrans Surveys Manual
g) Caltrans Test Methods
h) Public Works Inspectors Manual
i) Standard Specifications for Public Works Construction j) California Manual on Uniform Traffic Control Devices Time charged by each individual to the contract executed, shall be documented on CITY approved time sheets. Billing shall be on a four week interval as designated by the CITY and shall be of sufficient detail to accurately describe the contract work being performed by each individual.
Time required by the CONSULTANT to reach the designated construction office will not be considered part of the services for which payment will be made. There shall be no reimbursable expenses on this project unless approved in writing, in advance, by the CITY.
CONSTRUCTION STAFFING:
Additional staff and subconsultants are to be brought in on an as-needed basis. The CITY maintains the right to request additional staff if, in its opinion, there is inadequate coverage during any phase of the project. In the event there is a need to substitute key personnel by the CONSULTANT for construction management or inspection responsibility, the CONSULTANT shall only substitute personnel after submitting resumes and obtaining specific written approval by the CITY for the replacement staff in these key positions.
The CITY shall have the authority to reject the Construction Manager and Structure Representative, field inspection personnel, or testing technicians in the event of unsatisfactory performance by said personnel in the opinion of the CITY. The CONSULTANT shall provide qualified replacement staff acceptable to the CITY.
CONSTRUCTION MANAGEMENT TASKS:
Construction management, inspection and coordination with City inspection staff, materials testing, construction surveying, environmental mitigation and monitoring, and related construction engineering activities will occur throughout three separate phases and shall consist of the following tasks:
PHASE I PRE-CONSTRUCTION
Task 1 Construction Management Plan
The CONSULTANT shall prepare a Construction Management Plan for the project for CITY approval. The plan shall indicate the standards and level of effort that the CONSULTANT’s staff will adhere to during all phases of this work and describe deliverables to be received by the CITY. At a minimum, the plan shall include the sections listed below:
a) Project Organization
b) Meetings
c) Communications Management
d) Preparation of Management Reports
e) Clarifications and Contract Interpretations of Specifications f) Submittals/Shop Drawings
g) Construction Surveying
h) Design Modifications
i) Environmental Mitigation and Monitoring
j) Change Orders
k) Schedule Management
l) Claims Management and Resolution
m) Testing and Testing Documentation
n) Progress Pay Estimate Preparation
o) Inspection, Inspection Scheduling and Inspection Reporting p) Defective Work Correction
q) Record Drawings
r) Complaint & Community Relations Procedures
s) Safety
t) Photo/Video Documentation
u) Labor Compliance Review
v) Special Inspections
w) Other Tasks
The plan shall describe the level of effort anticipated to be maintained by the CM and inspectors for the various activities during the construction period and project closeout.
The plan shall describe all deliverables and timing for periodic reports.
Deliverables:
• Three copies of final Construction Management Plan due two weeks prior to the pre-construction conference
Task 2 Construction Contract Document Review
CM shall perform a quality assurance review of the signed PS&E package, provide written comments in the form of a summary memorandum, and “redline” markups of the plans and specifications, as necessary. This review will be completed within two weeks of the Notice to Proceed to the CONSULTANT.
CM shall review final contract plans, specifications, permits, agreements, easements, environmental documents, Resident Engineer files consisting of Design Engineer memos to Resident Engineer, and technical reports and studies.
CM shall prepare a project schedule, which includes all preconstruction and construction utility relocations, and notification timelines noted on all permits, agreements, and contract documents. Upon receipt of Contractor’s schedule, the RE’s schedule will be updated.
Deliverables:
• Quality Assurance review memorandum and markups
• Schedule(s)
Task 3 Documentation of Pre-Construction Conditions
CONSULTANT shall document pre-construction site conditions using photographs, written notes, and video. Special or sensitive areas shall be noted and extra documentation may be required for these special or sensitive areas. Each photo shall be labeled with date, location, detailed description, and photographer’s name. Copies of all documentation, including photographs, notes, and video, shall be submitted to CITY’s Contract Administrator and become the property of the CITY.
Deliverables:
• Copies of all documentation, including photographs, notes, and video Task 4 Environmental Mitigation
CONSULTANT shall provide qualified staff to perform necessary pre-construction reports, surveys, and notifications in order to ensure compliance with the environmental mitigation requirements of each regulatory agency permit. Project construction will not be allowed to begin until all reports, surveys, and notifications are completed and approved, and as such, time is of the essence. Environmental mitigation tasks include, but are not limited to, the following:
a) San Joaquin Valley Air Pollution Control District – Air Quality Compliance o Verify that Contractor provides:
i. Demolition notification per Regulation IV, Rule 4002 ii. Complete SJVAPCD Demolition Permit release form
iii. Certified Asbestos Consultant (CAC) must test and monitor construction materials prior to construction
o Coordinate with Contractor to verify that proposed construction equipment meets “Clean Fleet” (Tier 2 or better) classification prior to being used for construction in order to comply with Indirect Source Review (ISR), Rule 9510
PHASE II CONSTRUCTION
Task 5 Administration
The CONSULTANT is to provide construction administration of the project to facilitate the ongoing construction efforts and maintain compliance with Federal, State, and Local regulations. At a minimum, the CONSULTANT shall:
a) Comply with Federal and State regulations for occupational safety and health standards for all construction activities. Conduct and document project safety meetings in accordance with the project requirements.
b) Provide administrative, management and related services as required to coordinate the work of the Contractor, to complete the project in accordance to contract documents, Federal and State regulations, and within the CITY’s objectives for cost, time and quality.
Provide weekly status reports to CITY. Weekly status reports shall include summaries of work that is currently being performed, behind schedule, unresolved deficiencies and defective work, outstanding change orders and status of any claims. c) Coordinate with the CITY and all other involved agencies to obtain and comply with all required permits.
d) Recommend necessary or desirable changes in the Contractor’s scope of work to the CITY, review and evaluate Contractor’s request for changes, assist in negotiating Contractor’s proposals, submit recommendations to the CITY supported by field data, and if they are accepted, prepare change orders for signature and the CITY’s authorization.
e) Maintain strict cost accounting records on authorized work performed under unit costs, additional work performed on the basis of actual costs of labor and materials, or other work requiring accounting records.
f) Develop and implement procedures for the review and processing of applications by Contractor for progress and final payments. Make written recommendations to the CITY for Contractor payments.
g) Consult with the Design Engineer and the CITY if the Contractor requests interpretations of the meaning and intent of the drawings and specifications, and assist in the resolution of questions, which may arise.
h) Provide a staffing schedule each month for the following month. This schedule is subject to the CITY’s approval.
i) Manage any utility work to be performed by utility agencies (work not part of Contractor’s responsibilities).
Deliverables:
• Weekly Status Reports
• Required permit compliance
• Cost Control Program
• Cost Accounting Records
• Progress Payment Recommendations
• Draft and Final Change Orders
• Staffing Schedules
• Other reports as required
Task 6 Documentation and Record Keeping
The CM shall maintain all documents to provide a detailed account of the construction effort, progress, and contractual obligations. The CM shall provide, at a minimum, the services below:
a) Verify that all required certificate of bonds and insurance have been received from the Contractor and forwarded to the CITY for approval.
b) Maintain at the project site, on a current basis and in good order: a record copy of all contracts, drawings, specifications, addenda, change orders and other modifications; shop drawings, product data, samples, submittals, purchases, materials, equipment, applicable handbooks, maintenance and operating manuals and instructions; and other related documents and revisions which are relevant to the contract work. Construction documentation shall be catalogued in accordance with the filing system defined in the Caltrans Construction Manual. An electronic file system shall also be maintained and made available to designated personnel to facilitate on-going coordination and review. c) During the course of construction, maintain one set of plans with markings and dimensions in red ink to denote field changes or other corrections. d) A detailed photographic history of all phases of the project will be maintained on a daily basis. Each photograph will be labeled as to location, direction of view, date, time, and items of interest. The photographs will be maintained in an album and the photographs will be indexed for ease of retrieval.
Photos will also be taken of the following:
o Barricade placement
o Disputed work item
o Work that has to be duplicated, replaced or removed
o Completed work
o Extra work
Deliverables:
• Documents required by this section
Task 7 Meetings
Anticipated meetings include project review meeting with the CITY and Design Engineer, a preconstruction meeting with the Contractor, CITY, Design Engineer, regulatory agencies, and utility companies. Periodic meetings shall include daily discussions between the CM or designated representative and the Contractor; weekly meetings between the CM and CITY; and meetings scheduled as needed with regulatory agencies, other groups, or agencies. CM shall take minutes of the meetings and distribute them to attendees within one day of the meeting.
Meetings shall be held at the construction office of the RE or at a mutually agreeable location determined during the pre-construction meeting.
Deliverables:
• Project Review Meeting with CITY and Design Engineer
• Pre-construction meeting with CITY and all applicable parties related to the project
• Weekly meetings with CITY and all applicable parties related to the project • Any meetings necessary to immediately resolve project issues related to scope, cost, or schedule
• Meeting minutes
Task 8 Environmental Monitoring
CONSULTANT shall provide qualified staff to perform environmental monitoring in order to maintain compliance with the requirements of each regulatory agency. All final reporting must be completed within four weeks of project completion. Environmental monitoring tasks include, but are not limited to, the following:
a) State Water Resources Control Board – NPDES Permit
o Maintain a Qualified Storm Water Pollution Prevention Plan (SWPPP) Developer (QSD) in responsible charge of this permit
o QSD shall coordinate with Contractor’s Qualified SWPPP Practitioner (QSP) to ensure that SWPPP inspections, reporting, and monitoring are implemented at the site per the requirements of Construction General Permit Order 2009-0009- DWQ, as amended by 2010-0014-DWQ and 2012-0006-DWQ
o QSD shall prepare annual reports throughout duration of the project - A maximum of three annual reports are expected
o QSD shall prepare the Notice of Termination (NOT) upon final stabilization of the project area on behalf of the CITY for the CITY’s review and certification in the SWRCB’s “SMARTS” system
b) San Joaquin Valley Air Pollution Control District – Air Quality Compliance o Monitor Contractor’s compliance with Fugitive Dust Control per Regulation VIII o Coordinate with Contractor’s Certified Asbestos Consultant (CAC) to test and monitor construction materials after construction
o CM shall document the reporting of the Contractor’s “Clean Fleet” construction equipment requirement (Tier 2 or better) throughout the duration of construction, as required to comply with Indirect Source Review (ISR), Rule 9510 If cultural materials are discovered during construction, all earth-moving activity within and around the immediate discovery area will be diverted until a qualified archaeologist can assess the nature and significance of the find.
Deliverables:
• Copies of all reporting required by this section
Task 9 Schedule Review
The CM shall review the Contractor’s construction schedule, request updates on a weekly basis and track delays or accelerations based on actual Contractor operations as defined in the CMP.
Work with the Contractor to maintain the project schedule to show current conditions and suggest revisions that may be required. Coordinate with the Contractor to provide a look-ahead schedule for the following month.
Deliverable:
• Weekly Schedule Review Documentation
Task 10 Cost Control and Monthly Progress Payments
The CM shall implement necessary procedures for an effective system of cost control to track progress payments, contract change orders, claims, and extra work requests. The CM shall review quantities and estimates for submittal of monthly progress payments by the 25th of the month, and recommend approval to the CITY. CM shall maintain cost accounting records (progress payments, CCO status, etc.) in accordance with Caltrans and CITY procedures. The calculations of quantities and documentation shall be in a form approved by the CITY.
Deliverable:
• Cost Control Tracking Documentation
Task 11 Contract Modifications and Extra Work, Contract Change Orders, Claims The CM shall perform the evaluation and administration of all contract modifications, requests for information, change orders, and claims. The CM shall review all requests for merit, perform an independent estimate, and make recommendations to the CITY for consideration. The procedures listed in Section 5-1.43 “Potential Claims and Dispute Resolution” of the Standard Specifications must be followed. The CITY shall be the approving party for all contract modifications, extra work, and contract change orders. If approved, the CM will complete all required documentation to process the change. If the CM receives a Notice of Claim from the Contractor, the CM shall immediately notify the CITY and work toward a timely resolution of the claim with the Contractor. Status of any outstanding claims will be included with the CM’s weekly report to the CITY. The CONSULTANT shall support the CITY in any post-completion dispute with the Contractor, rendering reasonable assistance and providing access to its records, but is not intended to retain independent experts.
Deliverables:
• Contract Modification & Extra Work Documentation
• Draft CCO’s with Recommendation Memorandum
• Final CCO’s
Task 12 Submittals and Clarifications
The CM shall issue necessary clarifications and interpretations of the Contract Project Documents in response to Requests for Information (RFIs) by the Contractor in a manner as described in the CMP. The CM shall also accept and process submittals, including but not limited to shop drawings, product data, and product samples. The CM shall draft a list of required submittals in accordance with the Project Specifications for the CITY and/or Design Engineer to review. The list shall be submitted to the CITY no later than four weeks after the Notice to Proceed. The CM shall review those submittals that are appropriate. Submittals requiring review by the CITY and/or Design Engineer shall be logged and transmitted for formal review. Updated submittal logs shall be made available to the CITY upon request. The CM shall be responsible for tracking submittals to assure the submittals are reviewed and returned to the Contractor in a timely manner. The CM shall also perform design checks on all falsework, prestressing, and shoring submittals as outlined in relevant Caltrans manuals.
Deliverables:
• Submittal and RFI logs
• Documentation for clarification and interpretation of the Project Plans and Specifications
Task 13 Field Inspection and Quality Assurance
The CM shall review the work of the Contractor, trade and specialty contractors on the project as it is being performed, until completion and acceptance by the CITY, to assure that the work performed and materials furnished are in accordance with the Contract Documents.
The CONSULTANT shall provide experienced and qualified inspectors (who are acceptable to the CITY) to adequately inspect all Contractor’s construction work. The CM or inspectors shall provide field inspection of Contractor’s construction work on a daily basis. The CM or inspectors will review all construction prior to burial, and provide for observation of all tests required to be performed by the Contractor or referenced in the Contract Documents. The CM and field inspectors shall monitor the Contractor’s performance from the perspective of quality, cost, and schedule, and shall enforce the requirements of applicable Specifications. Daily Inspection Reports and diaries of Contractor’s construction activities shall be completed daily and be available to the RE at any time. The CM or designated representative shall compare notes with the Contractor’s representative at the end of each day to confirm work that was accomplished, describing the limits of work and quantities placed for that day.
The CM shall prepare and submit written weekly reports to the CITY describing updates of project process, percent of work completed, percent of funds expended, listing of change orders, and community relations issues. All outstanding deficiencies and claims shall also be noted in the weekly reports until resolved or settled. The CM shall document any defective work until it is repaired to the CM’s satisfaction and in accordance with the Contract Documents’ applicable specification. Copies of the daily reports from the previous week will be included with the weekly written report.
Daily inspection reports and diaries of Contractor's construction activities shall be completed daily by each inspector and available to the CITY on the next day. The CM will document special situations by photograph or video. CM shall document any defective work until it is repaired to the CM’S and CITY’s satisfaction and quality of work is in accordance with the Contract Documents.
Daily inspection reports shall include, at a minimum, the following information: date of notes, time of activities, list of Contractor’s personnel and equipment, weather conditions, discussions with Contractor and any other agencies present, problems and issues dealt with, approved changes, and any other information necessary to create a satisfactory record of the day’s activities at the project site in accordance with standard inspection practice.
The CM shall maintain a log of complaints as they are received for the purpose of tracking the effects and impact the project causes on the public. The CITY must be noticed of the complaints the same day they are received.
Deliverables:
• Daily Inspection Reports
• Weekly Reports
• Monthly Complaint Log
Task 14 Testing
CONSULTANT shall coordinate and monitor all field and laboratory testing of soils, backfill, structural backfill, aggregate base, asphalt, concrete, and other testing required by law, or the Contract Specifications. Caltrans certified technicians shall complete all testing work and all laboratory facilities shall be Caltrans certified to perform the respective tests and be approved by the CITY. The CM will review results of tests, forward copies to the CITY as a part of the weekly reports and work with the Contractor to resolve deficiencies or defective work. All test procedures will be in accordance with the Contract Documents and applicable Specifications.
Deliverables:
• Copies of all testing results
Task 15 Construction Surveying and Survey Quality Assurance CONSULTANT shall provide construction surveying and keep accurate and up-to-date field books and cut sheets. The CONSULTANT shall also implement a survey quality assurance program, to follow the guidelines of the Caltrans Surveys Manual, as described in the approved CMP. At a minimum, the program shall include policies and procedures for the following:
a) Project station line and control utilizing existing monumentation b) Construction staking
c) Check abutment layouts and elevations
d) Check foundation layouts and elevations
e) Check soffit forms
f) Check deck forms
g) Check drainage layout
h) Check subgrade
i) Check AB Grade
j) Check final road grades
k) Establishment and/or replacement of monuments, as necessary l) As-built survey
Deliverables:
• Copies of field books and cut sheets
• As-built survey
Task 16 Other Tasks
As part of the construction administration and inspection activities, the CONSULTANT shall include the tasks listed below as part of the overall project activities:
a) Inspect traffic control and erosion control measures as often as necessary to assure activities meet the approved plans and submittals.
b) Assist the CITY in community relations outreach efforts by providing information on areas to be under construction to CITY for publication in newspapers and radio and tracking and resolving community complaints.
c) Inspect landscaping and other improvements within the right of way and public easements for damage.
d) Any damage identified shall be documented and tracked until the Contractor repairs the damage to pre-project conditions or to plans and specifications. e) Perform labor compliance tasks, including verifying weekly-certified payrolls, DBE utilization (including monthly trucking verification), subcontractor utilization, and labor interviews. CM inspectors will conduct labor compliance interviews and monitor DBE and subcontractor utilization in accordance with the Caltrans Construction Manual.
Payroll records will be checked against inspector daily reports to ensure Contractor’s compliance with labor laws. CONSULTANT will comply with prevailing wage labor laws for all applicable worker classifications and track its subconsultant DBE utilization. CITY will perform a final review of all items listed in order to ensure that each invoice submittal is complete and payment can be released to the Contractor or CONSULTANT. f) Notify the CITY of any errors or omissions that are found on the plans or specifications during construction within one working day after such errors are discovered. g) Perform routine evaluations of project-related off-road and heavy-duty on-road equipment usage to ensure appropriate emission levels are maintained. h) CM shall monitor Contractor's coordination with various utility companies. i) CM shall take appropriate action to ensure correction of observed safety violations under Federal and State regulations for occupational safety and health standards.
Deliverable:
• Documentation of activities per CMP
PHASE III POST-CONSTRUCTION
Task 17 Final Completion and Acceptance
After the project is substantially complete, the CM will schedule a walk through with the CITY and shall coordinate preparation of a “punch list” of incomplete or unsatisfactory items, recommending the timeframes within which the Contractor shall complete said items of work.
Once all work is complete, the CM will deliver a statement to the CITY indicating that to the best of the CM’S knowledge and belief, after diligent investigation including satisfaction of its other obligations under the agreement, that the project has been completed in accordance with the Project Construction Contract Documents and CM recommends acceptance. A Proposed Final Estimate signed by the CM and the Contractor shall accompany the recommendation for acceptance.
Deliverables:
• Notice of Substantial Completion
• Punch Lists
• Proposed Final Pay Estimate
Task 18 Project Closeout
The CONSULTANT shall verify that all inspections are complied with and completed and that regulatory agency permits are closed out and final approval is obtained.
The CONSULTANT will submit to the CITY the following closeout items:
a) All records, maps, and plans maintained by the CONSULTANT during construction. b) All approved shop drawings, submittals, and manufacturer’s literature maintained by the CM during the construction project.
c) One complete set of annotated project progress photographs, bound chronologically, and video taken before and during construction.
d) One set of record drawings of field changes, marked neatly in red. This planset shall be completed on Mylar film sheets.
e) The original set of all inspection reports, summaries, testing documents, meeting minutes, clarifications, schedules, correspondence, and other documents related to the construction work as it was being installed.
f) A set of “redline” Record Drawings documenting any changes and/or substitutions that have been reviewed for accuracy and completeness by the CM and a recommendation for the CITY to accept the Record Drawings.
Deliverables:
• All records, maps and plans maintained during construction • All shop drawings, submittals, and manufacturer’s literature maintained during construction
• Annotated project progress photographs and video taken of construction project • Record drawings of field changes
• Original inspection reports, summaries, testing documents, meeting minutes, clarifications, schedules, correspondences and other documents of construction • “Redline” record drawings
LOCAL AGENGY RESPONSIBILITIES
The CONSULTANT will report to the CITY’s Contract Administrator who reports to the CITY’s Public Works Director. The CONSULTANT shall not proceed with any work until the CITY provides the Notice to Proceed to the CONSULTANT.
The CITY’s Contract Administrator will directly handle the project management and monitoring of the CONSULTANT’s work to ensure it is complete, accurate, and consistent with the terms and conditions of the CONSULTANT contract. The Contract Administrator and designees will also inspect, review, and discuss project progress, comply with Federal, State and Local policies and regulations, and other requirements to further the prosecution of the contract work with the least delay.
The CITY’s Contract Administrator shall be responsible for the following:
o Serve as the CITY’s primary contact person for the CONSULTANT o Monitor the CONSULTANT’s progress and provide direction o Review billings and determines whether costs billed are reasonable in relation to the work performed during billing period
o Approve the CONSULTANT’s progress payments
o Identify other CITY personnel for CONSULTANT to contact, if needed All records and documentation produced by the CONSULTANT become property of the CITY.
Item No. 10.
CITY COUNCIL AGENDA – OCTOBER 15, 2024
SUBJECT: Authorization to Execute Funding Agreement Amendment No. 1 - Akin/Central Water Consolidation Project
SOURCE: Public Works
COMMENT: The City of Porterville provides public water services both to the residents of the City, as well as community residents outside City limits. As a result of local drought impacts, the State Water Resources Control Board (State Water Board) encouraged the consolidation of both the Akin Water Company and Central Mutual Water Company water systems with the City, to provide a safe and reliable water supply. Contingent of consolidation, the City coordinated to apply for funding for the planning, design and construction of improvements to the water supply facilities of the City necessary to meet water quality requirements and system demands. The project included a new City-owned production well, distribution mains to provide water service to each customer served by Akin Water Company and Central Water Company, water meters, and fire hydrants.
At its meeting on June 1, 2021, the City Council previously approved the execution of a funding agreement from the State Water Board for the project.
After the completion of the construction work connecting all customers served by the Akin Water Company and Central Water Company as well as the first phase of the construction of a new well (the drilling phase), it was determined that additional funding would be required to complete the final phase of the well (the equipping phase). The State Water Board has approved the additional funding needed and the City has received Amendment No. 1 to the original agreement authorizing the additional funds. It is staff's recommendation that the City Council receive the grant funds by the proposed funding agreement amendment from the State Water Board in order to complete the second phase of the well (the equipping phase). A Resolution authorizing the amendment to the funding agreement and identifying the City's authorized representative by title is required and included for approval.
RECOMMENDATION: That the City Council:
1. Approve Amendment No. 1 to the funding agreement with the State Water Resources Control Board;
2. Adopt the draft Resolution identifying the Mayor and/or the Public Works Director as the City's authorized representatives concerning said Funding Agreement No. 1 with the California State Water Resources Control Board; and
2. Authorize the Public Works Director to execute Amendment Item No. 10.
No. 1 to the funding agreement.
ATTACHMENTS: 1. Draft Resolution
2. Amendment No. 1
Appropriated/Funded:
Review By:
Department Director:
Michael Knight, Assistant City Manager
Final Approver: Patrice Hildreth, City Manager
RESOLUTION NO. ____ - 2024
A RESOLUTION OF THE COUNCIL OF THE CITY OF PORTERVILLE AUTHORIZING
THE PORTERVILLE CITY MAYOR OR DESIGNEE TO RECEIVE FINANCING FROM
THE CALIFORNIA STATE WATER RESOURCES CONTROL BOARD FOR THE
PLANNING, DESIGN AND CONSTRUCTION OF THE AKIN/CENTRAL WATER
CONSOLIDATION PROJECT
WHEREAS, the City of Porterville provides public water services to the City of Porterville (City); and
WHEREAS, the State Water Resources Control Board (State Water Board) encouraged the Akin Water Company, Central Mutual Water Company to consolidate water systems with the City; and
WHEREAS, the City entered into an agreement to provide potable water service to the Central Mutual Water Company on July 7, 2020, as authorized by the City’s Resolution No. 32-2020 adopted by the City Council on April 21, 2020; and WHEREAS, the City entered into an agreement to provide potable water service to the Akin Water Company on November 20, 2020, as authorized by the City’s Resolution No. 26-2014, adopted by the City Council on May 6, 2014; and WHEREAS, the City desires to seek funding for the planning, design and construction of improvements to the water supply facilities of the City necessary to meet water quality requirements and demands; and
WHEREAS, the proposed improvements include a new City-owned production well, distribution mains to provide water service to each customer served by Akin Water Company and Central Water Company, water meters, and fire hydrants; and WHEREAS, the City has received Amendment No. 1 to funding agreement No.
SWRCB0000000000D2002017 from the State Water Board, requiring a resolution authorizing the funding agreement and identifying the City’s authorized representative by title.
BE IT RESOLVED, by the Council of the City as follows:
SECTION 1: The City Mayor (the “Authorized Representative”) or the Public Works Director (the designee) are hereby authorized and directed to sign and file, for and on behalf of the City, the financing agreement from the State Water Resources Control Board for the planning, design, and construction of the Akin/Central Water Consolidation Project (the “Project”).
SECTION 2: This Authorized Representative, or his/her designee, is designated to provide the assurances, certifications, and commitments required for the financial Resolution No. ____-2024
assistance application, including executing a financial assistance agreement from the State Water Resources Control Board and any amendments or changes thereto.
SECTION 3: The Authorized Representative, or his/her designee, is designated to represent the City in carrying out the Entity’s responsibilities under the financing agreement, including certifying disbursement requests on behalf of the Entity and compliance with applicable state and federal laws.
PASSED, APPROVED AND ADOPTED this 15th of October, 2024.
________________________________
Martha A. Flores, Mayor
ATTEST:
Patrice Hildreth, City Clerk
By: _____________________________________
Fernando Gabriel-Moraga,
Acting Chief Deputy City Clerk
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Item No. 11.
CITY COUNCIL AGENDA – OCTOBER 15, 2024
SUBJECT: Award of Contract - Contract Planning Services SOURCE: Community Development
COMMENT: On July 16, 2024, City Council authorized staff to distribute a Request for Proposals (RFP) for Contract Planning Services. As previously reported, the City Planner position has been and remains vacant due to unsuccessful recruitments. The City has relied upon contract planning services to assist with certain tasks that exceed the capacity of internal planning staff in order to meet community needs and move projects forward.
On July 23, 2024, the RFP was posted on Public Purchase and advertised in the Porterville Recorder and closed on August 30, 2024. The City received twelve (12) proposals, one of which was in response to another RFP and was disqualified. The eleven (11) responsive proposals were evaluated by a rating and ranking committee and a list by rank is attached to this staff report. The highest scored firm was Provost & Pritchard, and they met all the desired qualifications outlined in the RFP.
Firm Name City Rank
Provost & Pritchard Clovis, CA 1
Precision Engineering Fresno, CA 2
UES Bakersfield, CA 2
4Creeks Visalia, CA 4
CSG Consultants Fresno, CA 5
Michael Baker International Long Beach, CA 6
LACO Ukiah, CA 7
RRM Design Group San Luis Obispo, CA 8
EMC Planning Monterey, CA 9
The Code Group Orange, CA 9
4Leaf, Inc San Berandino, CA 11
The proposed contract has a term of one (1) year, with the possibility of Item No. 11.
extension by mutual agreement, and the funding for this contract was approved in the Fiscal Year 2024/25 Community Development Budget.
RECOMMENDATION: That the City Council:
1. Authorize staff to negotiate an on-call contract with Provost & Pritchard;
2. Authorize the Mayor to sign contract documents; and
3. Authorize staff to make payments up to 100% upon
satisfactory completion of tasks.
ATTACHMENTS: 1. Staff Report Dated July 16, 2024
2. RFP Contract Planning Services
3. Draft Service Agreement
4. Provost & Pritchard Proposal
5. Scoring Matrix and Rating for RFP 24-25-SR197
Appropriated/Funded:
Review By:
Department Director:
Claudia Calderon, Community Development Director
Final Approver: Patrice Hildreth, City Manager
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.
2 | Page
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.
4 | Page
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.
5 | Page
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.
13 | Page
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
PROPOSAL
CITY OF PORTERVILLE
CONTRACT PLANNING SERVICES
RFP # 24/25-SR1974
AUGUST 30, 2024
www.provostandpritchard.com • (559) 449-2700
August 30, 2024
Claudia Calderon
Community Development Director
City of Porterville
291 N Main St.
Porterville, CA 93257
[email protected]
RE: Request for Proposals for Contract Planning Services Ms. Calderon,
The relationship between the planning staff at the City of Porterville (City) and Provost & Pritchard Consulting Group (Provost & Pritchard) dates back to 2007, when we first began assisting the City with entitlement review and processing. Over the years, our focus shifted to preparing environmental documents. In early 2021, the Interim Community Development Director approached us—based on the recommendation of the former Community Development Director—to help fill an immediate and presumably temporary need.
It has now been our pleasure to provide contract city planning services for the past three and a half years. During that time, we have forged relationships with staff, Councilmembers, and members of the community. The atmosphere of departmental collaboration at the City has allowed us to fit seamlessly into the role, and the environment encourages constructive interaction between staff, the Council, and project stakeholders.
We would very much like to continue this relationship. While Jeff O’Neal will continue to lead the Provost & Pritchard team, he will be supported by the key staff highlighted in this Proposal, as well as others throughout the company as additional technical expertise becomes necessary.
Our proposal demonstrates our expertise in working on similar projects for both the City and similar municipalities. We offer:
• History and Experience. Since the inception of our relationship with the City, our planning group has grown to 15 planners and five biologists. In addition to increasing the size of our staff, we have also expanded the types of services we offer to better assist our clients. We currently have staff with experience in Land Use Planning, Long-Range Planning, Environmental Planning, and Biological Resources Evaluations. We are also familiar with the City’s requirements, policies, and regulations that must be adhered to throughout each task we undertake.
• Local Presence. We will continue to provide planning services from our Clovis and Visalia office locations, as well as in-house at the City’s facilities as needed. These options allow our team to be responsive both in-person, and remotely. • Staff Resources. I will be supported by Sara Allinder, AICP, who will provide quality assurance and quality control (QA/QC) for our work. Ms. Allinder is currently leading the effort to update the City’s Environmental Justice element of its General Plan.
Associate Planner Wyatt Czeshinski, who has worked alongside Jeffrey O’Neal, AICP and Ms. Allinder for nearly 150 hours on various City projects, will also serve as a key team member under this contract. Heather Bashian, PE will not only serve as the Principal-in-Charge, available to manage contract and staffing logistics, but is also available to provide engineering insight related to municipal infrastructure planning needs. Additionally, Provost & Pritchard employs nearly 300 specialized staff throughout our nine California office locations, giving the City access to a wide variety of subject matter experts as needs arise. • Communication. Regular meetings and communication with staff have been integral to the success of the current relationship. I will maintain and enhance, where necessary, open lines of communication, be available for staff consultation throughout each task.
Engineering • Surveying • Structural • Geostructural • Planning • Environmental • GIS • Construction Services • Hydrogeology • Consulting Clovis • Bakersfield • Visalia • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Boise, Idaho 455 W Fir Ave • Clovis, CA 93611 • (559) 449-2700
www.provostandpritchard.com
General project tasks have included regular check-in meetings with planning staff to discuss project status, new items proposed for review, and other relevant topics; participation in Project Review Committee meetings and Pre-Project Review Committee meetings; participation in, and in some cases overseeing, public hearings of the Parcel Map Committee; consultation with staff and meetings with applicants regarding private development projects; interaction with staff from all City departments as well as outside agencies regarding projects or other relevant subjects; and attendance (both remote and in person) at City Council meetings to present or provide information about complex projects. Specific activities are discussed in more detail in the attached proposal.
In closing, I want to express my commitment to continuing our partnership with the City of Porterville. I hope you agree that we have demonstrated a breadth and depth of experience and knowledge that meets your evolving needs. With the strength of Provost & Pritchard’s experienced team, our local presence, and our focus on clear and open communication, I am confident that we can continue to navigate your projects through all regulatory landscapes successfully. I look forward to the opportunity to build on the solid foundation we’ve established and to contribute to the ongoing growth and prosperity of the City.
Respectfully,
Jeffrey O’Neal, AICP Heather Bashian, PE
Principal Planner Principal-in-Charge
Submitted by:
PROVOST & PRITCHARD CONSULTING GROUP
455 W. Fir Avenue
Clovis, CA 93611
Phone: (559) 449-2700
www.provostandpritchard.com
Prepared for:
CITY OF PORTERVILLE
Claudia Calderon
Community Development Director
291 N. Main Street
Porterville, CA 93257
[email protected]
Proposal
August 30, 2024
CITY OF PORTERVILLE
CONTRACT PLANNING SERVICES
RFP # 24/25-SR1974
TABLE OF CONTENTS
CITY OF PORTERVILLE – CONTRACT PLANNING SERVICES
TABLE OF CONTENTS
COMPANY PROFILE .....................................................................................................................................................6 ORGANIZATION AND STAFFING .................................................................................................................................7 DESCRIPTION AND APPROACH ..................................................................................................................................9 COST PROPOSAL .......................................................................................................................................................10 REFERENCES................................................................................................................................................................11 KEY STAFF RESUMES ...................................................................................................................................................13 WWW.PROVOSTANDPRITCHARD.COM 6
CITY OF PORTERVILLE – CONTRACT PLANNING SERVICES
COMPANY PROFILE
Provost & Pritchard began a tradition of excellence in 1968. Over the course of 56 years, Provost & Pritchard has continued to expand the types of services we offer and the reach of our skilled staff with office locations throughout California including Clovis (headquarters), Visalia, Bakersfield, Los Banos, Modesto, Sacramento, San Luis Obispo, Sonora, and Chico, and in Boise, Idaho. With nearly 300 employees, our staff is diverse in its specialties and includes land use and environmental planners, civil and agricultural engineers, geologists and hydrogeologists, water resources specialists, environmental engineers, Geographic Information System (GIS) specialists, land surveyors, construction managers and field representatives, a comprehensive in-house public outreach team, and support personnel.
This broad range of specialties equips us to better serve our clients in the Central Valley and beyond in the following service areas:
• Planning
• Engineering
• Surveying
• Geographic Information Systems
• Environmental Engineering
• Construction Management
PLANNING
Provost & Pritchard’s planners understand how things work on both sides of the counter. We provide services to public and private clients in two main practice areas: Environmental Compliance & Permitting and Community Planning & Design. Our experience in these two fundamental aspects of planning allows us to guide our clients through complex regulatory landscapes and implement the most appropriate solutions for their projects.
Provost & Pritchard’s past and present performance demonstrate that our team is well-qualified to provide an outstanding level of service to our clients. Below is a list of some of our capabilities and services we provide.
ENVIRONMENTAL PLANNING &
REVIEW
• Preparation and peer review of California Environmental Quality Act (CEQA) and National Environmental Policy
Act (NEPA) documents
• In-house technical expertise and support, including
air quality modeling, biological surveys and wetland
delineations, geological and soils analysis, hazards
and hazardous materials testing and remediation,
hydrological studies, traffic analysis, water quality
testing, and water supply assessments
• Regulatory consultation and permit facilitation through local, regional, State, and federal agencies
• Mitigation monitoring and compliance
COMMUNITY PLANNING & DESIGN • General plans, community plans, and specific plans • Zoning and subdivision ordinances
• Subdivision and site plan design
• Special planning and related studies and reports
• Graphic design and informational materials
• Annexations and municipal service reviews
LOCAL AGENCY STAFFING • Review and processing of planning and development applications
• Staff report, resolution, and ordinance preparation and presentation
• Day-to-day planning and development department
management and operations
• Staff liaison to committees and community groups
• Local Agency contract staffing
• Municipal service reviews, annexations, and special
district boundary adjustments
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CITY OF PORTERVILLE – CONTRACT PLANNING SERVICES
ORGANIZATION AND STAFFING
JEFFREY O’NEAL, AICP – PRINCIPAL PLANNER
PROJECT MANAGER, DESIGNATED CONTRACT CITY PLANNER
Jeffrey O'Neal, AICP has been providing contract planning services to the City of Porterville since 2021. Mr.
O'Neal has 23 years of experience in the planning field, focusing on municipal and land development planning and environmental analysis. As a lifelong resident of the San Joaquin Valley, he has a vested interest in seeing that good planning practices and principles are a part of every project. With experience in both the public and private sectors, he understands the perspectives of developers and the local agencies they work with. Mr.
O’Neal is an excellent communicator and an experienced project manager, working effectively to move projects forward while involving large groups with diverse interests. In addition to his land use planning experience, Mr. O'Neal has prepared, processed, and reviewed many documents of varying complexity pursuant to the CEQA and the NEPA. He has worked with the Fresno, Kern, Madera, Tulare, Mariposa, and Colusa Local Agency Formation Commissions (LAFCo) on numerous occasions to facilitate annexations, annexation extensions, sphere of influence amendments, and municipal service reviews. Mr. O'Neal has been a member of the American Institute of Certified Planners since 2007 and currently serves on the Board of the Central Section of the California Chapter of the American Planning Association as Legislative Liaison.
To date, Jeff O’Neal has spent more than 1,280 hours providing contract planning services to the City of Porterville.
HEATHER BASHIAN, PE, QSD – PRINCIPAL ENGINEER
PRINCIPAL-IN-CHARGE
Heather Bashian, PE, QSD, is a Principal Engineer with over 20 years of municipal infrastructure planning and design, master planning, and grant writing and administration experience. She has been involved with projects related to all aspects of municipal infrastructure. She has managed multi-million-dollar design and construction projects with multi-disciplinary teams, including engineering, environmental and long-range planning, biological resources, and archeological services. She has been the Director of Operations for the planning and biological resources division of the firm for seven years, verifying staff resource allocations for projects, overseeing implementation of the firm’s quality assurance and quality control policy, and managing project budgets and schedules to uphold compliance with both the project’s contract and the firm’s project management policy.
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CITY OF PORTERVILLE – CONTRACT PLANNING SERVICES
SARA ALLINDER, AICP – PRINCIPAL PLANNER
QA/QC
Sara Allinder, AICP, has more than 23 years of professional experience, currently serving as Principal Planner.
Throughout her career, she has actively participated in and led the development of multiple general plans and development code updates. Ms. Allinder has also provided contract staffing services for numerous local planning agencies in the San Joaquin Valley and understands how the policies and regulations outlined in general plans and zoning codes are implemented in day-to-day operations at the counter.
Ms. Allinder is currently managing an update to the City of Porterville General Plan, focused on bringing the General Plan into compliance with recent State legislation, including climate adaptation and environmental justice.
The City of Porterville is in the process of updating its development code. As a part of this effort, Mr. Czeshinski drafted a new version of the City’s subdivision ordinance for review by the City of Porterville.
Updating the City’s subdivision ordinance will allow it to take a more streamlined approach to content within the City’s development code and better align it with State law.
WYATT CZESHINSKY – ASSOCIATE PLANNER
ASSOCIATE PLANNER
Wyatt Czeshinski has more than four years of professional experience and currently serves as Associate Planner.
He has experience in contract staffing and has been involved in preparing municipal codes, processing site plan reviews, use permits, and other land use entitlements. His work also includes drafting CEQA documents, updating general plans, writing staff reports, and drafting resolutions for various types of projects, including wastewater, agricultural, flood control, commercial, and residential projects.
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CITY OF PORTERVILLE – CONTRACT PLANNING SERVICES
DESCRIPTION AND APPROACH
In response to the City of Porterville’s need for contract planning services, Provost & Pritchard proposes a continuation of the approach that has been successfully implemented over the past three years. Given the current staff shortages within the City’s Planning Division and ongoing challenges in recruiting a management-level planner, it is essential to provide consistent and reliable support to ensure the smooth functioning of the Planning Division.
Over the past three years, Jeff O’Neal has played a crucial role in maintaining the City’s planning services, and this proposal seeks to build upon that foundation. Our approach focuses on delivering high-quality, responsive, and integrated planning services that align with the City’s needs and expectations.
Our goal is to continue integrating with the City’s existing processes and workflows. This will begin with a detailed reorientation, allowing us to fully understand current priorities, ongoing projects, and any new or specific requirements the City may have. Already established are regular communication, scheduled check-ins, attendance at City Council meetings and on-demand support through phone calls and emails to ensure tasks are aligned with the City’s objectives and that challenges are addressed promptly.
To maintain continuity and minimize the learning curve, Mr. O’Neal will continue in his lead role. Our team will assist with processing entitlements, assist in the Project Review Committee process, and contribute to the preparation of long-range planning documents. We will continue to provide peer reviews of CEQA and NEPA environmental documents, helping to ensure compliance with legal requirements and timely submission to the State Clearinghouse. Staff reports, including findings, conditions of approval, and resolutions, ordinances, and other attachments will be prepared with the same attention to detail and quality that the City has come to expect.
As requested by the City, our planners will attend City Council meetings, as well as meetings with applicants and other City departments, to present projects and provide professional input. Additionally, we will support community outreach efforts, assisting with the organization and facilitation of stakeholder workshops and ensuring that the community is engaged in the planning process.
Throughout this engagement, we will maintain a strong focus on quality control. All documents will undergo thorough internal reviews to ensure they meet the City’s standards before submission. Invoicing will be handled with transparency, providing detailed reports on work hours for accurate tracking and billing of individual tasks or projects as directed by the City.
Our approach is designed to be flexible and responsive, adapting to the City’s evolving needs while completing projects efficiently and to the highest standard. By continuing the proven practices established by Mr. O’Neal, we are confident we can provide the City of Porterville with the professional planning support it requires during this critical period.
Over the past three years, Jeff O’Neal has played a crucial role in maintaining the City’s planning services, and this proposal seeks to build upon that foundation. Our approach focuses on delivering high-quality, responsive, and integrated planning services that align with the City’s needs and expectations.
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CITY OF PORTERVILLE – CONTRACT PLANNING SERVICES
COST PROPOSAL
This schedule supersedes previously published fee schedules as of the effective date of January 1, 2024.
Multi-year contracts are subject to any subsequent changes in these rates.
Assistant Planner $97.00 – $117.00
Associate Planner $124.00 – $145.00
Senior Planner $152.00 – $180.00
Principal Planner $188.00 – $218.00
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CITY OF PORTERVILLE – CONTRACT PLANNING SERVICES
REFERENCES
ONGOING CONSULTING SERVICES/
CONTRACT CITY PLANNER
CITY OF PORTERVILLE
Reference:
Jason Ridenour, Deputy City Manager
City of Porterville
291 N Main Street, Porterville, CA 93257
Phone: (559) 782-7460
Length of time services have been provided: 3 years to date Since the inception of the current planning contract, Mr. O’Neal has had a standing weekly meeting with Planning staff to discuss new or ongoing projects, provide interpretations and direction about code and statutory provisions, and take on new tasks. Most weeks, the Planning Division conducts a Pre-Project Review Committee meeting and a Project Review Committee meeting, at which staff from all City departments convene to provide project comments and present those comments to project applicants. Mr. O’Neal participates in these regular meetings as well as standalone meetings with staff and developers regarding their projects. He advises staff on project processing and reviews staff reports, resolutions, and other attachments prior to their including in City Council agendas. He reviews all CEQA documents prepared by staff and consultants to help ensure compliance with environmental laws.
He has a larger role in document preparation and presentation for more complicated or controversial projects such as the Laurelwood-Brookside (Lombardi) Subdivision, for which Mr. O’Neal reviewed the project environmental impact report and provided the mandatory responses to comments, prepared the staff report, resolutions, and ordinance, and presented the item to City Council for approval, He assisted in the preparation of applications to the Tulare LAFCo and presented the item to LAFCo to facilitate annexation. Similarly, Mr. O’Neal prepared the City Council materials and presented the Sierra Meadows 4 & 5 project and the Crestview Park subdivision to the City Council. He advised the City regarding LAFCo processes for the Citrus Blossom project, including preparation of a CEQA addendum and expanding the City’s sphere of influence. He has advised the city regarding numerous parcel maps and has sat in for the Zoning Administrator to lead the Parcel Map Committee at its public hearings.
He has prepared and reviewed and edited numerous ordinance amendments and advised the City on more obscure subjects such as cannabis permitting, alcoholic beverage licensing, accessory dwelling units, and urban lot splits. He has assisted with review of the City’s 6th-Cycle Housing Element and its Multi-Jurisdictional Local Hazard Mitigation Plan.
Since the inception
of our current
planning contract,
Mr. O’Neal has
had a standing
weekly meeting
with Planning
staff to discuss
new or ongoing
projects, provide
interpretations and
direction about
code and statutory
provisions, and take
on new tasks.
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CITY OF PORTERVILLE – CONTRACT PLANNING SERVICES
ONGOING CONSULTING SERVICES/
COMMUNITY DEVELOPMENT DIRECTOR
CITY OF PARLIER
Reference:
Bertha Escalera, Assistant City Manager
City of Parlier
1100 E Parlier Ave, Parlier, CA 93648
Phone: (559) 646-3545
Length of time services have been provided: 7 years to date Mr. O’Neal began serving as the City Planner for Parlier on a contract basis in November 2016. In December 2023, he was awarded a contract to serve as Community Development Director. His primary duties have included reviewing commercial, industrial, and residential development proposals; processing of tentative maps, parcel maps, and final maps; and review and updates to the City’s development application process and fee structure. He has facilitated approval and operation of new national and local retailers and food service businesses and assisted the City Attorney with development of the City’s cannabis control ordinance. He prepares or reviews all CEQA documents associated with public and private projects in the City. He is currently working with Community Development staff and other City consultants to streamline the City’s development processes and fee structure. Mr. O’Neal attends meetings of the City Council to present project information and respond to questions that may arise regarding the City’s development processes and related subjects.
ONGOING CONSULTING SERVICES/
CONTRACT CITY PLANNER
CITY OF MENDOTA
Reference:
Cristian Gonzalez, City Manager
City of Mendota
643 Quince Street, Mendota, CA 93640
Phone: (559) 655-3291
Length of time services have been provided: 16 years to date Mr. O’Neal has been providing contract city planning services to the City of Mendota since 2008.
These services have included reviewing and processing entitlement applications consistent with State planning and zoning law and applicable City codes, plans, and standards. His responsibilities have included providing front counter assistance to the public, coordinating with staff to implement the goals and policies of the General Plan, and preparing reports, resolutions, and ordinances for consideration by the Planning Commission and City Council. He attends meetings of the Commission and Council as needed to present items and respond to questions. He has prepared major ordinance updates affecting regulatory processes both as required by statutory changes as well as to expedite and simplify processing. Mr. O’Neal also assisted the City’s consultants with preparation of the City’s 2025 General Plan Update, adopted in 2009; the River Ranch Specific Plan, adopted in 2013; and the Fresno County Multi-Jurisdictional Housing Element, adopted in 2016. He is currently assisting the City with adoption of the 6th Cycle Housing Element.
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CITY OF PORTERVILLE – CONTRACT PLANNING SERVICES
KEY STAFF RESUMES
The following pages contain resumes of key team members, all of whom are either currently serving the City of Porterville or have served the City on projects in the past.
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Jeffrey O'Neal, AICP
Principal Planner
23 years of experience
Office Location: Clovis
EDUCATION
B.A. Geography, California State University, Fresno
AREAS OF EXPERTISE
Municipal Planning
Environmental Compliance
Land Development Planning
LAFCo Procedures
Subdivision Map Act
REGISTRATION/CERTIFICATIONS
American Institute of Certified Planners #021890
AFFILIATIONS
American Planning Association (APA)
PROFESSIONAL SUMMARY
Jeff O'Neal has more than 23 years of experience in the planning field. He currently serves as a Principal Planner focusing on municipal planning, environmental planning, and LAFCo processes. As a lifelong resident of the San Joaquin Valley, he has a vested interest in seeing that good planning practices and principles are a part of every project, and as a planner with both public and private sector experience, he understands the perspectives of developers and the local agencies they work with.
He is an excellent communicator and an experienced project manager, working effectively to move projects forward while involving large groups of diverse interests. As part of his land use planning experience, Mr. O'Neal has prepared, processed, and reviewed many documents of varying complexity pursuant to the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). He has worked with Fresno, Kern, Madera, Tulare, Mariposa, and Colusa Local Agency Formation Commissions (LAFCo) on numerous occasions to facilitate annexations, annexation extensions, sphere of influence amendments, and municipal service reviews. Mr. O'Neal has been a member of the American Institute of Certified Planners since 2007. He currently sits on the Board of Directors of the Central Section of the California Chapter of the American Planning Association as Legislative Liaison.
RELEVANT EXPERIENCE
Ongoing Consulting Services, City of Porterville, Tulare County, California, Contract City Planner Since 2021, Mr. O'Neal has served as the City Planner for Porterville on a contract basis. He currently has a standing weekly meeting with Planning staff to discuss new or ongoing projects, provide interpretations and direction about code and statutory provisions, and take on new tasks. Most weeks, the Planning Division conducts a Pre-Project Review Committee meeting and a Project Review Committee meeting, at which staff from all City departments convene to provide project comments and present those comments to project applicants. Mr. O'Neal participates in these regular meetings as well as standalone meetings with staff and developers regarding their projects. He advises staff on project processing and reviews staff reports, resolutions, and other attachments prior to their including in City Council agendas. He reviews all CEQA documents prepared by staff and consultants to help ensure compliance with environmental laws. For more complicated or controversial projects, he has a larger or primary role in document preparation and presents these projects to City Council.
This has included projects such as the Laurelwood-Brookside (Lombardi) Subdivision, the Sierra Meadows 4 & 5 Project, and the Crestview Park Subdivision. He has assisted in the preparation of applications to the Tulare County Local Agency Formation Commission (LAFCo) and presented items to LAFCo to facilitate annexation. He advised the City regarding LAFCo processes for the Citrus Blossom project, which included preparation of a CEQA addendum and expansion of the City's sphere of influence. He has advised the city regarding numerous parcel maps and has sat in for the Zoning Administrator to lead the Parcel Map Committee at its public hearings. He has prepared and reviewed and edited numerous ordinance amendments and advised the City on more obscure subjects such as cannabis permitting, alcoholic beverage licensing, accessory dwelling units, and urban lot splits. He has advised the City regarding its 6th-Cycle Housing Element and its Multi-Jurisdictional Local
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Hazard Mitigation Plan. He serves in an advisory role to the Community Development Director in matters related to the administration and interpretation of the Porterville Development Ordinance and State laws.
Environmental Document for 2015-2023 Housing Element, City of Porterville, Tulare County, California, Project Manager This project consisted of preparation of a negative declaration for use by the City of Porterville in the adoption of its 2015- 2023 Housing Element Update. Mr. O’Neal utilized the mitigation measures and policies adopted during the City’s previous General Plan Update process to establish that any potentially significant impacts resulting from adoption of the new Housing Element were already addressed within the General Plan Environmental Impact Report. This saved the City from the need to establish and adopt new mitigation measures, resulting in savings of time and money. The primary project challenge was ensuring that all potential impacts were in fact addressed within the previous EIR and in the General Plan and that no additional documentation was required.
Ongoing Consulting Services, City of Parlier, Fresno County, California, Contract City Planner Mr. O'Neal began serving as the City Planner for Parlier on a contract basis in November 2016. In December 2023, he was awarded a contract to serve as Community Development Director. His primary duties have included reviewing commercial, industrial, and residential development proposals; processing of tentative maps, parcel maps, and final maps; and review and updates to the City's development application process and fee structure. He has facilitated approval and operation of new national and local retailers and food service businesses and assisted the City Attorney with development of the City's cannabis control ordinance. He prepares or reviews all CEQA documents associated with public and private projects in the City. He is currently working with Community Development staff and other City consultants to streamline the City's development processes and fee structure. Mr. O'Neal attends meetings of the City Council to present project information and respond to questions that may arise regarding the City's development processes and related subjects. He is currently assisting the City with adoption of its 6th-Cycle Housing Element.
Ongoing Consulting Services, City of Mendota, Fresno County, California, Contract City Planner Mr. O'Neal has been providing contract city planning services to the City of Mendota since 2008. These services have included reviewing and processing entitlement applications consistent with State planning and zoning law and applicable City codes, plans, and standards. His responsibilities have included providing front counter assistance to the public, coordinating with staff to implement the goals and policies of the General Plan, and preparing reports, resolutions, and ordinances for consideration by the Planning Commission and City Council. He attends meetings of the Commission and Council as needed to present items and respond to questions. He has prepared major ordinance updates affecting regulatory processes both as required by statutory changes as well as to expedite and simplify processing. Mr. O'Neal also assisted the City's consultants with preparation of the City's 2025 General Plan Update, adopted in 2009; the River Ranch Specific Plan, adopted in 2013; and the 5th-Cycle Fresno County Multi-Jurisdictional Housing Element, adopted in 2016. He is currently assisting the City with adoption of its 6th-Cycle Housing Element.
Ongoing Consulting Services, City of Fowler, Fresno County, California, Contract City Planning Since 2017, Mr. O'Neal has assisted the contract city planner for the City of Fowler as a special project consultant in matters related to subdivisions, application processing, environmental review, annexation, regulatory and statutory interpretation, and code enforcement. Projects have ranged from simple site plan review to major industrial development and annexation of newly mapped areas and school facilities.
City Planner from 2001-2004, City of Dinuba, Tulare County, California, City Planner This position required performing day-to-day planning services and providing front counter assistance to members of the public. Mr. O'Neal's responsibilities included processing land use applications and preparing ordinances, reports, and environmental documents. In addition, this required review of documents and submittals from other agencies and consultants and providing comments on the City's behalf. While employed at the City of Dinuba, Mr. O'Neal assisted in preparation of the Northwest Dinuba Specific Plan and prepared the City's 2004 Housing Element Update for certification by the California Department of Housing and Community Development. Mr. O'Neal assisted in the annexation of approximately 384 acres to the northwest of the City. This area included an existing subdivision that had been developed in Tulare County, and for which the City had proposed to install new water, wastewater, and lighting infrastructure, along with new sidewalks, curbs, and gutters. The proposal also required the expansion of the City's sphere of influence by approximately 160 acres and resulted in development of a new Tulare County LAFCo policy allowing minor sphere of influence amendments to proceed under certain circumstances without preparation of a new municipal service review. Project challenges included overcoming County residents' concerns about annexation as well as logistical hurdles related to annexation law and the Williamson Act.
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Heather Bashian, PE, QSD
Principal Engineer
21 years of experience
Office Location: Clovis
EDUCATION
M.S. Business Administration, National University
B.S. Civil Engineering, California State University, Fresno
AREAS OF EXPERTISE
Regulatory Compliance
Municipal Infrastructure Development
Urban Water Management Plans
Grant Preparation and Administration
Regional Water Management Planning
Stormwater Pollution Prevention Plans (SWPPP)
REGISTRATION/CERTIFICATIONS
Civil Engineer, California #73075
Qualified SWPPP Developer #00542
AFFILIATIONS
American Society of Civil Engineers (ASCE)
PROFESSIONAL SUMMARY
Heather Bashian has more than 21 years of professional experience, currently serving as Principal Engineer. Ms. Bashian has experience with municipal infrastructure planning and design, master planning, and grant writing and administration experience, she has been involved with projects related to all aspects of municipal infrastructure. She has extensive experience in planning and designing engineering for infrastructure projects including water supply and distribution, water main replacements, water metering, wastewater collection and rehabilitation, wastewater lift stations, stormwater collection projects, and recycled/reclaimed water distribution.
RELEVANT EXPERIENCE
On-going Program Management for SAFER Technical Assistant Provider Programs, Statewide for Various Clients, California, Program Manager
Ms. Bashian is the ongoing program manager for Provost & Pritchard’s Technical Assistance Provider programs, funded through the State of California, State Water Resources Control Board with a total value of nearly 20 million dollars. The program includes outreach, engineering analyses of alternatives, and preparation of construction documents, environmental documents, and funding assistance applications. The recipients of these efforts are small, disadvantaged communities throughout the State, struggling to deliver safe drinking water supplies or provide safe wastewater collection and disposal to their community members. Since 2017, Ms. Bashian has overseen a growing team of more than forty engineers, planners, and technical staff to achieve these goals.
Urban Water Management Plans and Plan Updates for Various Clients, California, Project Manager/Engineer Ms. Bashian has led various teams to prepare initial Urban Water Management Plans (UWMPs), the five-year updates to the UWMPs, and Water Shortage Contingency Plan (WSCP) for various cities throughout central California, including Clovis, Fresno, Tulare, and Madera, and for the Bakman Water Company. System sizes for these efforts range from 2,400 to more than 140,000 water service connections. The UWMPs includes a system description, evaluation of historical data, development of water demand and supply projections, documentation of water conservation strategies and successes, and hazard and climate resiliency efforts. The WSCP consists of a six-staged framework for the water purveyor's use in responding to a water shortage including long-term droughts and emergency water supply reduction from natural or manmade disasters.
The 2020 plans were adopted and accepted by the Department of Water Resources with little to no comment.
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Groundwater Sustainability Plan, South Kings GSA, Kings County, California, Project Manager/Engineer Ms. Bashian authored and provided coordination for the preparation of the Groundwater Sustainability Plan for five agencies.
Topics addressed in the Plan include groundwater conditions, groundwater monitoring, Hydrogeologic Conceptual Model, water budget, groundwater policies, overdraft analysis, development of long-term goals, and conceptual evaluation of overdraft mitigation projects. The project also encompassed community outreach and involvement, including coordinating and conducting community meetings, providing public presentations, and receiving and responding to public comments on the Draft GSP. The GSP was adopted in December 2019 and submitted to DWR in January 2020.
Development Impact Fee Study, South Kings GSA, Kings County, California, Project Manager/Engineer Ms. Bashian is providing consulting services to prepare a Development Impact Fee Study. This study is being prepared to aid the South Kings Groundwater Sustainability Agency (SKGSA or GSA) in evaluating the costs, on a per acre basis, associated with groundwater recharge needs for future development in each of the five communities that comprise the GSA, including Del Rey Community Service District and the cities of Fowler, Kingsburg, Parlier, and Sanger. Specifically, the study will provide an analytical basis for the establishment of fees to be paid by developers to mitigate the impacts of groundwater extraction for water use associated with future development. With these fees the communities then assume the primary responsibility for implementing the needed mitigation. The study was adopted in October 2021.
On-going Program Management Services, City of Fresno, Fresno County, California, Project Engineer Ms. Bashian provided consulting services for the City of Fresno’s Program Management in conjunction with CH2M Hill. The project spanned several years, and included such duties as overseeing construction management, consulting on program impacts, and grant assistance. The program resulted in policy changes, community participation on a broad scale, and implementation of several milestone projects for the City.
City of Fresno Regional Water System Consolidation Project, Self-Help Enterprises, City of Fresno, Fresno County, California, Project Manager/Engineer
Ms. Bashian is providing technical assistance to the multiple small communities through its partnership with Self-Help Enterprises. The project entails assisting twelve small communities and one school with evaluating the possibility of consolidating their water systems with the City of Fresno. The communities have been separated in to four groups. The first two groups have four communities and one school between them and have had an Engineering Report prepared for each.
The design of the recommended improvements is in process and the first group is being funded through Expedited Drinking Water Grant Funding Program. The second group will apply for funding in late 2024. The improvements for the first five consolidations include over 30,000 feet of 16-inch water main to deliver safe drinking water to 129 residences and one elementary school. The next steps in the project include preparing the draft construction documents and environmental documents.
Dakota Avenue and First Street Sewer Rehabilitation and Repair, City of Fresno, Fresno County, California, Project Manager Ms. Bashian served as the Project Manager for the design of the rehabilitation and repair of sewer mains in the vicinity of Dakota Avenue and First Street. The project includes approximately 1,100 feet of 6-inch diameter vitrified clay pipe (VCP), 3,800 feet of 8-inch diameter VCP, and 800 feet for 12-inch diameter VCP that was constructed in the 1950s. The sewer repairs will replace sections of pipe that have failed or are anticipated to fail in the near term and, once repairs are complete, the rehabilitation will reinforce the structural integrity by preventing additional hydrogen sulfide corrosion through the installation of a cured-in-place (CIPP) liner.
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Sara Allinder, AICP
Principal Planner
23 years of experience
Office Location: Clovis
EDUCATION
B.A. Liberal Arts, Major Emphasis: Environmental Science, Minor Emphasis: English, University of California, Riverside Master of City and Regional Planning, Emphasis in Land
Use Planning, California Polytechnic State University,
San Luis Obispo
AREAS OF EXPERTISE
Entitlement Applications
General Plans
Annexations
Contract Staffing
Subdivision Ordinances
Zoning Ordinances
Strategic Implementation Plans
Environmental Review
REGISTRATION/CERTIFICATIONS
American Institute of Certified Planners #018445
AFFILIATIONS
American Planning Association (APA)
PROFESSIONAL SUMMARY
Sara Allinder has more than 23 years of professional experience, currently serving as Principal Planner. Throughout her career, she has actively participated in and led the development of multiple general plans and development code updates.
Ms. Allinder has also provided contract staffing services for numerous local planning agencies in the San Joaquin Valley and understands how the policies and regulations outlined in general plans and zoning codes are implemented in day-to-day operations at the counter.
RELEVANT EXPERIENCE
Focused General Plan Update, City of Porterville, Tulare County, California, Project Manager Ms. Allinder is managing an update to the City of Porterville General Plan. The project is focused on bringing the General Plan into compliance with recent State legislation, including climate adaptation and environmental justice. The effort includes preparing a vulnerability assessment as well as conducting a mapping analysis to evaluate access to opportunities or facilities across the community, such as healthy food, parks, and public transit. The focused General Plan update will result in amendments to the existing Public Health and Safety element and the adoption of a new Environmental Justice element.
General Plan Update, City of Fowler, Fresno County, California, Project Director Ms. Allinder oversaw a comprehensive update to the City of Fowler’s General Plan, which was the first comprehensive update to the City’s General Plan in forty years. The update included expansion of the City’s planning area by about 750 acres and addressed all recent legislative requirements for general plans, including environmental justice and climate adaptation. The General Plan was adopted in April 2023. A Program EIR was also prepared and certified for the adopted General Plan.
Development Code Update, City of Menifee, Riverside County, California, Assistant Project Manager and Zoning Technical Manager
Ms. Allinder established new code regulations for the City of Menifee, including zoning, subdivision, and grading ordinances.
The new regulations represent an update to the current standards established Menifee-specific standards and procedures in a user-friendly format that implements the City’s first adopted General Plan. Ms. Allinder managed client coordination, public
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outreach, analysis of existing regulations, and development of new regulations as part of the comprehensive update effort.
The Menifee Development Code received the APA Inland Empire Section Best Practices Award.
Staff Support, City of Modesto, Stanislaus County, California, Senior Planner Ms. Allinder provided staff support, primarily on current planning projects, for the City of Modesto. Her duties included project management of various entitlement requests, management of environmental consultants, review of facilities master plans, and presentations to the Planning Commission and City Council. She also managed PMC staff planners assigned to work in the City of Modesto providing both on- and off-site support.
Zoning Ordinance Update, City of Fowler, Fresno County, California, Project Manager Ms. Allinder managed a comprehensive update to the City of Fowler's Zoning Code. The update focused on streamlining the development review process and ensuring compliance with recent housing legislation and the City's Housing Element. One objective of the comprehensive update was to produce a Code that is better organized and easier to understand, which will in turn make it easier to design and propose projects consistent with the City's growth and development goals.
Contract Staffing, City of Madera, Madera County, California, Project Manager Ms. Allinder provides staff support, primarily on current planning projects, for the City of Madera. Her duties include project management of various entitlement requests, preparation and review of project analyses, reports, and the associated environmental documents, and presentations to the Planning Commission. She also manages Provost & Pritchard staff planners assigned to work in the City of Madera providing both off-site contract staffing support.
Contract Staffing and Application Processing Review and Update, City of Wasco, Kern County, California, Acting Community Development Director
As acting community development director for the City of Wasco, Ms. Allinder managed the day-to-day operations of the planning, building, and code enforcement divisions, prepared department budgets, prepared and presented staff reports to the Planning Commission and City Council, and acted as advisor to the city manager on special issues including high-speed rail. Ms. Allinder also conducted a review of the current entitlement processing procedures, made recommendations for the improvement of entitlement processing, and implemented those recommendations. Process improvements included updates to the Planning and Building fee schedule, which revised existing fees and added new fees reflective of the current planning and building processes.
General Plan Update, City of Modesto, Stanislaus County, California, Assistant Project Manager Ms. Allinder is currently assisting with a comprehensive update to the City of Modesto’s General Plan. This is the first comprehensive update to the City’s General Plan in nearly twenty years. The outreach program implements an ambassadorfocused outreach effort designed to engage all members of the community, including those that have not traditionally participated in the past. The update will address all recent legislative updates to the requirements for general plans as well as respond to issues identified during outreach. The General Plan Update effort is also being coordinated with the City of Modesto’s Housing Plan and 6th Cycle Housing Element.
Zoning and Subdivision Ordinance Update, City of Parlier, Fresno County, California, Project Manager Ms. Allinder is managing a comprehensive update to the City of Parlier’s Zoning and Subdivision Ordinances. The update to the Zoning Ordinance will focus on streamlining the development review process and ensuring compliance with recent housing legislation and the City’s Housing Element. One objective of the Zoning and Subdivision Ordinance updates is to produce regulations that are better organized and easier to understand, which will in turn make it easier to design and propose projects consistent with the City's growth and development goals.
General Plan Strategic Implementation Work Plan, County of Mariposa, Mariposa County, California, Assistant Project Manager
Ms. Allinder worked to identify and prioritize primary work tasks for the effective implementation of the existing General Plan. The work plan included the development of preliminary scopes of work for primary work tasks, including anticipated project duration, budget, level of community engagement, and level of CEQA review. The Mariposa County General Plan Strategic Implementation Work Plan received the APA Central Section Best Practice Award for 2018.
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Wyatt Czeshinski
Associate Planner
4 years of experience
Office Location: Clovis
EDUCATION
M.A. Public Administration: Urban Planning, Liberty
University
B.A. Economics, University of Wisconsin-Parkside
B.A. Geography (Planning Concentration), Minor Emphasis:
Geographic Information Systems, University of WisconsinParkside
AREAS OF EXPERTISE
Contract Staffing
Municipal Planning
Long-range Planning
CEQA/NEPA
CalEEMod Emissions Modeling
AFFILIATIONS
Association of Environmental Professionals
American Planning Association
Association of Environmental Professionals Central Valley Chapter Board Member (2023-present)
PROFESSIONAL SUMMARY
Wyatt Czeshinski has more than four years of professional experience and currently serves as Associate Planner. He has experience in contract staffing through the preparation of municipal codes, processing of site plan reviews, use permits, and other land use entitlements, drafting of CEQA documents, updating of general plans, writing of staff reports, and drafting of resolutions for various types of projects, including, wastewater, agricultural, flood control, commercial, and residential projects.
RELEVANT EXPERIENCE
Development Code Update, City of Porterville, Tulare County, California, Writer The City of Porterville is in the process of updating its development code. As a part of this effort, Mr. Czeshinski drafted a new version of the City’s subdivision ordinance for review by the City of Porterville. Updating the City’s subdivision ordinance will allow it to take a more streamlined approach to content within the City’s development code and better align it with State law.
Contract Staff Planning, City of Parlier, Fresno County, California, Contract Staff Planner Mr. Czeshinski has worked closely with the City of Parlier Planning Department under a contract staff planner position. Mr.
Czeshinski has worked on a various number of projects ranging from the processing of entitlements for subdivisions, restaurants, smoke shops, cannabis facilities, gas stations, tentative parcel maps, annexations, as well as the drafting of CEQA documents for projects that required environmental analysis to be completed. In addition, Mr. Czeshinski has drafted and presented a zoning text amendment to the Parlier City Council. He has also completed Annual Housing Progress Reports for the City that have required an update to the City's Housing Element. Mr. Czeshinski has drafted a number of staff reports, resolutions, and condition of approval documents for presentation before the City of Parlier City Council.
Contract Staff Planning, City of Madera, Madera County, California, Contract Staff Planner Mr. Czeshinski has worked closely with the City of Madera Planning Department under a contract staff planner position. Mr.
Czeshinski has worked on a various number of projects ranging from the processing of entitlements for subdivisions, apartment complexes, restaurants, coffee shops, gas stations, rezones, general plan amendments and lot line adjustments as well as the drafting of CEQA documents for projects that required environmental analysis to be completed. Mr. Czeshinski
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has drafted a number of staff reports, resolutions, and condition of approval documents for presentation before the City of Madera Planning Commission and City Council.
Contract Staff Planning, City of Fowler, Fresno County, California, Contract Staff Planner Mr. Czeshinski has worked closely with the City of Fowler Planning Department under a contract staff planner position.
Mr. Czeshinski has worked on a various number of projects ranging from the processing of entitlements for subdivisions, apartment complexes, commercial developments, churches, gas stations, rezones, general plan amendments, parcel maps, and lot line adjustments as well as the drafting of CEQA documents for projects that required environmental analysis to be completed. Mr. Czeshinski has drafted a number of staff reports, resolutions, and condition of approval documents for presentation before the City of Fowler Planning Commission and City Council.
Contract Staff Planning, City of Mendota, Fresno County, California, Contract Staff Planner Mr. Czeshinski has worked closely with the City of Mendota Planning Department under a contract staff planner position.
Mr. Czeshinski has worked on a various number of land use projects ranging from the processing of entitlements for cannabis facilities, and annexations. Mr. Czeshinski has also completed an Annual Housing Progress Reports for the City.
General Plan EIR, City of Fowler, Fresno County, California, Lead Writer The City of Fowler adopted a new General Plan and EIR in April of 2023. As a part of this effort, Mr. Czeshinski served as the lead writer for the EIR, requiring research of the area and potential environmental impacts on a city-wide scale, including a variety of land uses. The Project required the development of a CEQA document on a programmatic level, considering all aspects within the City and its planned future development.
Zoning Code Update, City of Fowler, Fresno County, California, Writer City of Fowler is in the process of updating its zoning code and subdivision ordinance. The update will focus on streamlining the development review process and ensuring compliance with recent housing legislation and the City's Housing Element.
One objective of the comprehensive update is to produce a Code that is better organized and easier to understand, which will in turn make it easier to design and propose projects consistent with the City's growth and development goals. 6th Cycle Housing Element Update, City of Mendota, Fresno County, California, Writer As a part of the Fresno County Multi-Jurisdictional Housing Element Update, Mr. Czeshinski has served as the lead writer for the City of Mendota's 6th Cycle Housing Element. As a part of this effort, Mr. Czeshinski has worked closely with the City of Mendota and stakeholders in the community, giving a presentation to a group of stakeholders in November of 2022. The 6th Cycle Housing Element process is currently underway and actively being worked on by Mr. Czeshinski. As a part of this project, Mr. Czeshinski has gained knowledge of the housing laws within the state.
General Plan Update, City of Modesto, Stanislaus County, California, Writer The City of Modesto required an update to its general plan. Mr. Czeshinski oversaw the revision of both the wastewater and stormwater sections for the general plan update. This required gaining an understanding of the city ordinances, previous city documentation and practices, and case law involving both topics.
General Plan Update, County of Butte, Butte County, California, Writer Butte County required an update to its general plan. Mr. Czeshinski oversaw the revision of both the wastewater and stormwater sections for the general plan update. This required gaining an understanding of the county ordinances and case law involving both topics.
Karnak Facility Update, Reclamation District 1500, Sutter County, California, Lead CEQA/NEPA Writer Reclamation District 1500 is in the process of modernizing a pumping facility in order to provide for flood protection to the community of Robbins, CA and the associated watershed. The Project will flood protect approximately 65,000 acres in Sutter County. Mr. Czeshinski has participated in the production of a preliminary investigative report and draft watershed plan for the project. The watershed plan will be the first of its kind in California and will be required to be approved by Congress after its completion.
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Clovis • Visalia • Bakersfield • Modesto • Los Banos • Chico • Sacramento • Sonora • San Luis Obispo • Boise www.provostandpritchard.com • [email protected]
CONSULTANT SELECTION RATING FORM
Project Name: Contract Planning ServicesDate: 2024-09-24Project Number: RFP # 24/25-SR1974 Evaluation Factor
Rating Factor
Numerical Range &
Weighting Based on
Importance of
Factor
Score Score Score Score Score Score Score Score Score Score Score a. Capability to perform all or most aspects of the project. 0-10 8.7 8.7 8.7 8.7 9.0 9.3 8.7 8.7 9.3 10.0 9.3b. Recent experience in projects comparable to the proposed project. 0-10 9.7 9.7 9.7 9.7 9.7 9.7 9.7 9.3 9.7 9.7 9.7c. Firm’s reputation for professional integrity and competence. 0-5 3.7 3.5 3.7 3.7 3.7 5.0 3.7 3.7 4.7 5.0 5.0d. Key personnel’s professional background and caliber. 0-7 7.0 7.0 7.0 7.0 7.0 7.0 7.0 7.0 7.0 7.0 7.0e. Adequate qualified personnel available for assignment to the project. 0-5 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0f. Recent experience in specialized areas of expertise associated with the project. 0-5 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0g. Demonstrated ability to meet schedules or deadlines. 0-8 6.3 6.3 6.3 6.3 6.7 7.3 6.3 6.3 8.0 8.0 7.7h. Demonstrated ability to complete projects without having major cost escalations or overruns. 0-7 6.0 6.0 6.0 6.0 6.7 6.3 6.3 6.3 6.7 6.7 6.7i. Qualifications and experience of outside consultants regularly engaged by the consultant under consideration. 0-7 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0 6.0j. Quality of project previously undertaken. 0-8 6.7 6.7 6.7 6.7 6.7 8.0 6.7 6.7 8.0 8.0 8.0k. Familiarity with and proximity to the geographic location of the project. 0-10 6.7 9.3 7.3 7.3 7.3 10.0 7.3 8.7 9.7 9.7 9.7l. Capability of a branch office, which will do the work to perform independently of the home office, or conversely, its capability to obtain necessary support from the home office. 0-3 2.3 2.7 2.3 2.3 2.3 3.0 2.3 2.3 3.0 3.0 3.0
m. Demonstration of an understanding of the project’s potential problems and the City’s special concerns. 0-5 3.3 3.7 3.3 3.3 3.7 3.7 3.3 3.3 3.7 4.3 3.7n. Degree of interest shown in undertaking the project. 0-3 2.7 3.0 2.7 2.7 2.7 3.0 2.7 2.7 3.0 3.0 3.0o. Evidence that consultant is an equal opportunity employer. 0-2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0p. Proximity of firm’s office to project. 0-5 2.3 4.7 2.3 2.3 2.3 4.7 2.3 3.3 4.7 4.7 4.7 TOTAL SCORE: Maximum Points Possible = 100 81.3 87.2 82.0 82.0 83.7 93.0 82.3 84.3 93.3 95.0 93.3 FIRM
RRM Michael Baker 4 LEAF CSG EMC CODE LACO 4 CREEKS UES P&P Precision Item No. 12.
CITY COUNCIL AGENDA – OCTOBER 15, 2024
SUBJECT: Award of Professional Services Agreement to Maas Energy Works for Renewable Natural Gas Supply and Credit Management Services SOURCE: Public Works
COMMENT: The City of Porterville is committed to reducing fleet costs and lowering its carbon footprint by transitioning to Renewable Natural Gas (RNG) for its Compressed Natural Gas (CNG) fleet. To support this initiative, the City issued Request for Proposal (RFP) No. 24/25-SR1981 on August 20, 2024, seeking qualified firms to provide RNG. The RNG will fuel the City's fleet while helping achieve sustainability goals and complying with California's lowcarbon fuel regulations.
The RFP submission deadline was September 24, 2024, and the City received and scored proposals from four qualified vendors:
Vendor Score
Maas Energy Works 98
US Energy 95
Clean Energy 94
Opal Fuels 93
Triilium CNG 92
Following the proposal evaluation process, Maas Energy Works was selected as the top-ranked proposer, receiving 98 points based on criteria such as technical expertise, experience with similar projects, competitive pricing, and a comprehensive understanding of Low Carbon Fuel Standard (LCFS) and Renewable Identification Number (RIN) services.
Key service offerings from Maas Energy Works include:
• Supply of 100% RNG directly sourced from California dairy farms, ensuring the City's CNG fleet achieves a Net Zero carbon emission status.
• Management of LCFS and RIN credit services.
• Provision of 19.89% of LCFS and RIN revenue, projected to generate an estimated $4,011,387 in revenue over the next ten years. • Guaranteed RNG supply reliability from local production facilities, reducing transportation costs and emissions.
Item No. 12.
This project aligns with the City's sustainability goals and ensures compliance with state regulations, such as California SB 1383 and the Low Carbon Fuel Standard.
The agreement with Maas Energy Works is expected to result in significant cost savings for the City due to lower RNG costs and the anticipated rebates from LCFS and RIN credits. The precise savings will be determined by the City's annual RNG consumption, which currently averages approximately 331,916 therms per year. The professional services agreement with Maas Energy Works will become effective upon execution by both parties and will terminate 10 years from the effective date.
RECOMMENDATION: That the City Council:
1. Approve the award of a ten-year Professional Service Agreement to Maas Energy Works for Renewable Natural
Gas Supply and Credit Management Services; and
2. Authorize the Transportation Director to execute the agreement and any related documents.
ATTACHMENTS: 1. MAAS Proposal
2. Porterville RFP # 24-25-SR1981_Plan Holders
3. Porterville RFP # 24-25-SR1981_Scoring Matrix
4. NAESB Agreement
5. CNG Station Affidavit
Appropriated/Funded:
Review By:
Department Director:
Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager
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Letter of Submittal
September 24, 2024
Richard Tree – Director of Transportation
City of Porterville
291 N. Main St.
Porterville, CA 93257
Phone (559) 782-7514
Email: [email protected].
Re: Request for Proposals for Renewable Natural Gas (RFP) Dear Mr. Richard,
Maas Energy Works ("MEW") is excited to establish a new partnership with the City of Porterville. We appreciate the opportunity to submit our Renewable Natural Gas ("RNG") proposal to the City of Porterville. This proposal includes two key service offerings: 1) RNG Fuel Supply and 2) Low Carbon Fuel Standard ("LCFS") and Renewable Fuel Standard ("RFS") credit management. The City supplies one location with natural gas, using approximately 331,916 therms annually to fuel its Compressed Natural Gas ("CNG") vehicles. The City's objective is to decrease fuel costs while maintaining the highest service reliability and quality while reducing the fleet's carbon footprint by utilizing low-carbon RNG.
Our carbon-negative RNG, produced in the San Joaquin Valley, will significantly lower energy costs for the City's CNG vehicles. This California-grown and produced RNG is more valuable than RNG produced outside of the U.S. MEW has a cluster of RNG facilities nearby, which will further reduce transportation costs and emissions. The City can benefit by receiving a share of the value of the LCFS and Renewable Identification Numbers (RIN) credits generated for the CNG dispensed at their fueling facility. Our proposal ensures uninterrupted RNG supply and guarantees its reliability. This will enable the City to decrease greenhouse gas emissions from its fleet operations and maximize revenue by using 100% dairy gas. These programs, combined with our carbon-negative RNG, will help the City reduce its fuel expenditures and surpass Net Zero emissions, providing a secure and reliable economical solution.
Our cellulosic (D3) low-carbon RNG derived from dairy manure facilities generates the highest revenue per therm and has the best carbon footprint, surpassing the proposed (SB1383) -3-
requirement compared to biomethane produced from landfills, food waste, and wastewater sources. According to the California Air Resources Board (CARB) and the Environmental Protection Agency (EPA), our dairy gas RNG feedstock is ranked as the cleanest source of transportation fuel, demonstrating our commitment to providing quality and reliability to our customers.
In the LCFS program, the lower the fuel's carbon intensity, the more LCFS credits are generated per therm. Each RNG production facility has a specific carbon intensity assigned to its LCFS pathway, which measures the energy required to produce the therm of biomethane.
The ("MEW") proposal will provide the City with an estimated ($2,304,171) in LCFS and RIN rebates over the next six years, as outlined in our proposal. This significant amount underscores the potential for substantial savings. We have the requisite experience to ensure a smooth transition for the City to receive 100% RNG via the SoCalGas pipeline. The personnel assigned to this project have specialized expertise in every aspect of the process, from biogas processing, scheduling, delivery, dispensing, credit generation, third-party verification, credit monetization, and regulatory compliance.
Provided below are the key benefits the City of Porterville will obtain by partnering with MEW:
● RNG Producer. MEW is the direct source of the RNG supply proposed herein. We do not resell gas produced by others. Our approach focuses on reliably delivering RNG directly to our customers from facilities that we operate ourselves. We are involved in every stage of the process, from developing and building to operating and improving biogas projects across the country, enabling us to produce the largest volume of RNG and the most carbon-negative (and therefore valuable) RNG in the United States. ● RNG Team Experts. MEW, with its 140 full-time biomethane professionals, is dedicated to developing and operating dairy RNG projects. With sixteen years of experience in the biogas field, we have built a network of strategic partnerships that enable us to move RNG projects forward quickly and deliver high-quality and reliable outcomes. Importantly, we are not a broker or an aggregator. We develop, own, and operate all the facilities from which we propose delivering biogas to your station, ensuring you deal directly with the source.
● RNG Reliability All 69 dairy digester projects developed by Maas Energy Works are still in operation today. MEW's history of timely operational performance is unmatched in delivering its RNG. Our team will ensure the City of Porterville meets all compliance obligations under the LCFS and RFS (Renewable Fuel Standard) programs.
Experience Statement
Maas Energy Works ("MEW") is California's largest producer of carbon-negative RNG. Founder Daryl Maas began building digesters in his home state of Washington in 2007. Leveraging the unique business opportunities presented by the California LCFS program, In May 2010, Daryl moved to Redding, California, and created MEW to develop RNG projects inside California.
Today, MEW is the leading RNG producer and natural gas supplier for California's publicly owned CNG fleets and fueling stations. Our mission goes beyond RNG supply —we guide our customers through the complexities of state and federal incentive programs associated with the LCFS and RFS programs. With over sixteen years of experience, MEW owns and operates RNG assets throughout the U.S., positioning us as the go-to one-stop (RNG) producer-owner-operator.
Our comprehensive range of services proves our commitment to advancing the cause of RNG and helping municipalities operate a Net Zero Emission CNG fleet. We handle every aspect of RNG projects, from managing our customers' entire LCFS and RFS programs to designing and engineering, financing, permitting construction management, commissioning, operations, equipment packaging, and credit generation services. Notably, our facilities produce the largest carbon-negative RNG in California and throughout the United States, with 69 operational RNG facilities actively delivering the highest-quality and most valuable RNG in the market.
At MEW, we are more than just an RNG business—we are champions of sustainability and innovation. Our unwavering commitment to excellence drives the industry forward and inspires us and our partners to positively impact the environment. This commitment to sustainability and innovation is at the core of everything we do, which is to provide the cleanest source of RNG and reliability to our customers.
Qualifications and Experience of the Firm
Maas Energy Works is headquartered at 1730 South St. Redding, CA 96001, and has around 140 employees which are dedicated to helping municipalities reduce their energy costs. With field offices in Visalia, Riverdale, Merced, Lancaster, Dumas, and Buckeye and the support of our sister companies, Goose Works LLC and Energy Innovations LLC, we fabricate biogas handling and control equipment in Redding, California. This allows vertical integration and local parts sourcing to keep our RNG facilities operational. We also provide RNG fuel for transit agencies, municipalities, school districts, refuse vehicles and CNG Station owners. We understand that each customer has unique fueling needs, and we are committed to customizing a solution for each one -5-
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to ensure that our customers feel valued and important. Our services are tailored to the City’s fleet of compressed natural gas (CNG) vehicles. We recognize the City’s goal is to reduce its energy costs while maintaining the highest possible reliability and quality in its natural gas supply. Our experience and qualifications ensure a successful program for the City.
MEW supplies RNG to CNG stations and provides LCFS and RIN credit management services, which are included in this proposal. Most agreements are ten years in length but can be flexible with shorter-term agreements. In some cases, MEW has provided RNG directly to the CNG station operators, while in other instances, MEW teams with an aggregator of multiple CNG stations to deliver RNG. In all cases, MEW supplies the lowest carbon intensity scores. We understand federal and state regulations and fulfill LCFS verifications, RIN certifications, and all other renewable attribute requirements under approved fuel pathways from the California Air Resources Board (CARB). MEW will ensure full compliance and regulatory adherence will be met for the City.
MEW generates about half of all dairy biogas in the LCFS. We currently manage 26 dairy biogas projects with certified LCFS pathways and 26 dairy biogas projects that have been issued temporary fuel pathway codes pending certification. In 2018, MEW registered under the California Air Resource Board (CARB) Livestock Offset Protocol to create California Carbon Offsets for generation and sale under the state's Cap and Trade program. In 2019, the Project Team registered all new RNG projects with CARB's Low Carbon Fuel Standard program and the US Environmental Protection Agency's Renewable Fuels Standard to create Renewable Information Numbers (RINS). Notable projects include the Calgren Dairy Fuels cluster of dairy digesters, the first dairy RNG project in California, which later received numerous industry awards. Additionally, Maas Energy Works was the first company to register dairy digesters to create LCFS credits via charging electric vehicles, achieving CI scores below -700, which at the time was the lowest score ever achieved in the LCFS program.
All other assets, including all other digesters, are debt-free. The company has never declared bankruptcy, had assets foreclosed upon, or experienced significant adverse financial action.
Maas Energy Works vs. Other RNG Suppliers
When you obtain RNG directly from MEW, you cut out the middleman, wholesaler, retailer, and broker. This proactive approach helps reduce carbon emissions, avoids extra expenses, and ensures reliable and high-quality delivery for your CNG vehicles. By using our carbon-negative RNG, you can significantly reduce the City of Porterville’s carbon emissions and fuel expenditures, helping the city achieve Net Zero and making a positive impact on the environment.
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Qualifications and Experience of Personnel
• Daryl Maas (CEO) – Daryl Maas is the CEO of Maas Energy and the lead project developer for all RNG projects. He has the authority to bind this RNG contract for the City and will oversee it. To maximize its value, he will ensure that the City receives 100% RNG directly from our RNG facilities. Additionally, he will be the main point of contact and the lead manager for this agreement.
• David Canales (Director of Sales, RNG) – David is the Sales Director and facilitates the process by educating and advising of any regulatory changes to the City’s RNG Supply agreement. He will support the City of Porterville by promptly helping them opt into the LCFS/RFS program. David will be the main point of contact during the evaluation process and will support their RNG contract. If any future amendments related to the contract were to occur due to regulatory changes, David will facilitate this process. He can resolve any issues related to the City of Porterville RNG supply contract if they arise. • Mark Vincelli - (Senior Environmental Commodities Manager) – Mark is responsible for managing the regulatory requirements, which include reporting, registering, tracking, and filing to account for the biomethane attributes under the City's LCFS/RFS program.
He leads a team of 7 full-time personnel involved in registering, generating, maintaining, and complying with environmental commodities. His team is also responsible for the City of Porterville's RNG credit generation and monetization. Mark's team will actively manage the generation and LCFS pathways to meet all regulatory compliance requirements.
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• Ricky Timms (CFO) – As the CFO, Ricky is responsible for managing the finances of the RNG contract, which includes handling carbon credits and other energy commodities.
Ricky will oversee the generation of LCFS credits for the City of Porterville to ensure that the RNG credits are produced and that the City receives the greatest investment value. He leads the finance department, which will issue RNG payouts monthly and quarterly. Ricky will use the published index for RNG pricing per MMBtu to ensure that the City of Porterville gets the highest value for its rebates and incentives.
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facility finance and an excellent capacity to analyze the financial and operation feasibility of new digester projects.
Professional Experience
2010-Present: Founder and CEO of Maas Energy Works LLC
Maas Energy Works is a California-based renewable energy project development, construction management, and operations company, specializing in anaerobic digestion. Directs all new project development and existing project operations, including design, permitting, regulatory compliance, remote management, project finance, and personnel. Overseas Maas Motor Works engine and automation fabrication facility with over $7,000,000 in fulfilled orders. Oversees 102 employees in the operation of 43 renewable energy digester facilities and the active development of 50 other biogas facilities in 8 eight states. Interacts directly and actively with multiple California air, water, and utility jurisdictions regarding multiple digesters designs active and under development.
2007- 2017: Co-Founder and CEO of Farm Power Northwest LLC A Washington and Oregon based renewable energy project development and operations company specializing in anaerobic digestion or agriculture and organic waste. Led new project development including design, permitting, and construction management. Oversaw all operations at five renewable energy facilities with a combined electrical capacity of 4.25MW; processing manure from 17 dairy farms and dozens of organic waste sources. Directed eight employees and contractors in all operations, improvements, and regulatory compliance. Coordinated operations with utilities, farmers, investors, community groups, and regulatory agencies. 2008- 2017: Intelligence Officer (O-4), Washington Air National Guard, United States Air Force Assigned to Washington Air National Guard Western Air Defense Sector, McChord Field, Washington. Provides intelligence support to homeland defense of US airspace and surge capacity directing two intelligence officers in 24-hour operations in times of national emergency. 2005-2007: Branch Chief and Officer in Charge (O-3), Effects-Based Targeting Division, Air Force
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Intelligence Analysis Agency, Lackland AFB, TX. Supervised nine military personnel and seven contractor analysts in the production of web-based intelligence materials. Served as Officer in Charge of 70-member intelligence analysis division, responsible for unit military duties and alternate division chief in absence of program manager and deputy. Project manager for unit’s first ever installation of classified communication connectivity to new, off-base intelligence facility.
2003-2005: Chief of Intelligence (O-3), 8th Special Operations Squadron, Duke Field, FL.
Supervised staff of three and ensured readiness of all intelligence personnel and information systems supporting over 100 squadron members. Served two combat deployments as detachment of chief of intelligence, supervising staff of two supporting combat operations in support of Operation ENDURING FREEDOM actions in Afghanistan. Provided all aircrew mission intelligence and force protection intelligence support to the commander. Served an interpreter and liaison with Latin American delegations.
2002-2003: Intelligence Officer (O-2), 8th Special Operations Squardon, Duke Field, FL.
Provided training and mission intelligence to over 100 squadron members. Briefed Operation IRAQI FREEDOM current intelligence to squadron and wing leadership. Served one combat deployment as detachment of chief of intelligence, supervising staff of two supporting combat operations in as part of Operation ENDURING FREEDOM actions in Afghanistan.
Education and Training
2005: AF Squadron Officer School (Commandant’s Award for Outstanding Graduate) 2003: AF Special Operations Command Intelligence Formal Training Unit (Distinguished Graduate) 2002: Air Force Intelligence Officer Training (Distinguished Graduate) 2002: Master of Arts, University of Texas at Austin
2000: Bachelor of Sciences, United States Air Force Academy (Distinguished Graduate) 1998: Certificate, American Institute of Political and Economic Systems, Georgetown University -13-
Academic Awards
2000 Air Force Historical Association Annual Air Force Academy Award 2000 US Air Force Academy Bong Award for the Outstanding Graduate in Military History 2000 USAF Academy Wolfe Fellowship for the Outstanding Graduate in Humanities Division Professional Awards
2021 US Dairy Sustainability Award for Outstanding Community Impact (Calgren Dairy Fuels Developer)
2018 Ground Breaker of the Year Award, Biomass Magazine (Calgren Dairy Fuels Project Developer) 2017 Air Force Meritorious Service Medal
2015 California Energy Commission awarded the Leadership Award in Waste Management from Green Technology for the Pixley Biogas Anaerobic Digester Project – Developed by Maas Energy Works
2009 Northwest Business Monthly Business of the Year (Co-Founder) 2007 Air Force Commendation Medal
2006 HQ Air Intelligence Agency Company Grade Officer of the Quarter 2005 Air Force Squadron Officer’s School, Class 2005-01, Commandant’s Leadership Award 2005 Air Force Squadron Officer School, Flight B-24, Outstanding Contributor Award 2004 Air Force Special Operations Command selectee, National Military Intelligence Association, MG Jack E. Thomas Award for Outstanding Active-Duty Intelligence Professional Foreign Languages Spanish (fluent) French (limited
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• Rinker School of Business Outstanding Graduate Spring 2013 • Frederick M. Suppers Honors Program
ADDITIONAL COMPETENCIES
• Microsoft Office Suite, OFSAA, Hyperion/Essbase, OBIEE, SQL (basic), several tax products -17-
Professional Profile
David is the Director of Sales (RNG) for Maas Energy Works (MEW).
He is responsible for educating the public and building partnerships with organizations to support sustainability efforts. He serves customers within the Renewable Natural Gas (RNG) sector, including speaking at transportation conferences to create a transparent view of the value of RNG. Additionally, David provides oversight for Maas Energy in building customer relationships to facilitate the settlement process for the distribution of (RNG). He supports the Low Carbon Fuel Standard (LCFS) credit programs under the California Air Resources Board (CARB) and supporting public policy initiatives that promote (RNG).
Before joining Maas Energy, David worked at Clean Energy where he managed a portfolio of RNG customer accounts. David also served as the main sales contact during his tenure at Nikkiso.
He sold industrial equipment for crude oil & natural gas and supported over (12) domestic and international service centers for aftermarket spare parts.
Furthermore, during his time at Schlumberger Technology Corporation, he worked with various departments ranging from sales, production, and engineering to collaborate on downstream applications for oilfield well reservoirs. Overall, David has increased business growth, company relationships, and partnerships within the Oil & Gas and RNG space. His strong work ethic, diverse background in the industry, and high-level of commitment has allowed him to meet customers’ expectations throughout the industry.
Professional Experience
Director of Sales (RNG)
Maas Energy Works, March 2023 – Present
Business Development Manager
Clean Energy Fuels, July 2021 – March 2023
Sales & Business Development
Nikkiso Clean Energy & Industrial Gasses, May 2017 - July 2021 Sales Account Manager
Schlumberger Technology Corporation, June 2013 - April 2017 Education
Brigham Young University - B.S Business Administration and Entrepreneurship A.S. Aviation Management
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A.S Commercial Pilot (Dual Major)
Certifications
Entrepreneurship
Business and Leadership Skills
Business Administration
Federal Communications Commission (FFC) - Ham Radio Operator (CFR Part 97) Comprehensive Work Plan
The comprehensive work plan below outlines how MEW will meet all the requirements stated in this RFP. MEW will handle the complexities of the regulatory requirements under the Low Carbon Fuel Standard and Renewable Fuel Standard program. We will ensure that the City of Porterville receives the highest rebates and incentives for using 100% carbon-negative RNG. MEW can begin supplying RNG on November 1, 2024, by ensuring a smooth procurement process, which allows plenty of time to complete the contracting and registration process outlined in our proposal. MEW's commitment to an uninterrupted and reliable supply of RNG is unwavering. Below are the steps needed to successfully fulfill the scope of services provided by MEW to supply, track, and monetize the RNG credits as your service provider.
Week 1: Register the City of Porterville with the State of California for the Purchase of Natural Gas for the following: 1). RNG Fuel Supply and 2). Low Carbon Fuel Standard (LCFS) credit management program.
Week 2: Track daily RNG usage and report all low carbon fuel consumption on a monthly basis.
Week 3: Generate RNG credits on a monthly basis for the fuel volumes submitted and maintain fuel consumption records for audit purposes.
Week 4: Sell RNG credits on the open market to obligated parties (at the highest value) and reconcile all volumes delivered vs. credits sold and reported for settlement purposes.
If chosen, MEW will act as the regulated entity on behalf of the City of Porterville, handling all regulatory and reporting obligations. MEW will manage the City of Porterville's ongoing LCFS credit management, ensuring compliance with California state laws. The City of Porterville will not be required to be involved at this time. MEW will keep the City of Porterville informed of any regulatory changes in the market and will respond to any changes in the project scope. -19-
Scope of Services to Monitor and Supply (RNG) via SoCalGas Maas Energy Works (“MEW”) will use the SoCalGas utility pipeline to supply RNG to the City of Porterville. As the largest carbon-negative producer in California, MEW delivers RNG to the SoCalGas pipeline daily. We have CNG fueling stations within the SoCalGas network and coordinate the daily delivery of RNG. We nominate volumes based on the City's utility statements and balance the nominations according to actual usage. Once the RNG is delivered into the SoCalGas pipeline, it will be transferred to the City of Porterville's CNG Station. If we are awarded the contract with the City, we will add the CNG fueling facility to our approved pathways for RIN/LCFS credits. This method aligns with the City's goal of having the lowest fuel cost and the highest level of service from the utility since SoCal Gas is the country's largest utility buyer of natural gas. We will streamline the process by ensuring the specified tasks below are completed:
● We will balance RNG usage daily as required by RNG producers. ● Our billing services include issuing invoices and RNG credits, such as generating RFS credits monthly and LCFS credits quarterly when they become available. ● We can provide natural gas (RNG) information and consulting services as needed. ● We will manage all RNG supply and delivery arrangements through the public utility company, SoCalGas.
● We will monitor gas infrastructure issues, such as RNG supply, to ensure reliability and maintain an auditable paper trail, including paper and digital copies. ● We will advocate for relevant issues before the California Air Resources Board and the EPA.
● We will provide the City of Porterville with monthly invoices for natural gas (RNG) costs, including a usage summary and cost per therms by meter.
Project Schedule & Deliverables
MEW will ensure that it fulfills all the registration requirements before the start of the LCFS & RFS program. The following schedule provides a projected timeline for the delivery of RNG, including all monthly RIN payouts to the City of Porterville. If selected, the RNG Supply contract will be effective from November 1, 2024, to October 31, 2027, with three (3) 1-year optional renewal extension terms. These three-year optional extensions, a result of our mutual agreement, will be by mutual consent. LCFS payments will be made quarterly, and RIN payments will be made monthly. There will be no subcontractors providing services. MEW will serve as the prime contractor and ensure that the scope of work for RNG Supply and LCFS Credit Management meets
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Compliance Obligations Overseen by MEW
a) Renewable Natural Gas Supply. MEW will supply 100% guaranteed RNG for all volumes used at the City’s CNG fueling station.
b) LCFS Credit Management Services. MEW will be responsible for managing the City’s LCFS program as outlined in Title 17, CCR, sections 95480-95503, as authorized by California Assembly Bill AB32. MEW will follow market rules and act as the regulated party on behalf of the City. The City will be exempt from all reporting, recordkeeping, and other regulatory and compliance requirements under the regulation, as MEW will handle these responsibilities. MEW has a good standing with the California Air Resources Board and has a history of full compliance with market rules and emission regulations. MEW will be available to respond to any inquiries.
Additionally, MEW will keep the City informed about LCFS market conditions and provide quarterly and annual cumulative accounting records for the LCFS credits created through the City’s fueling stations.
c) RIN Credit Management Services. MEW will be responsible for managing the City's RIN credit program by generating RIN credits according to Federal Code 40 CFR Subpart M. MEW will handle all reporting, recordkeeping, and regulatory requirements on behalf of the City, relieving the City from these responsibilities. MEW is in good standing with the Environmental Protection Agency ("EPA") and has a history of compliance with market rules and emission regulations.
MEW is also responsive to EPA inquiries. It's important to note that the EPA passed a new regulation on June 21, 2023, which will come into effect on January 1, 2025, during the term of MEW's proposed agreement. The market is currently assessing the implications of this new policy, which may affect the compliance responsibilities outlined in MEW's proposal. d) LCFS & RIN Generation. For LCFS credit generation, credits are generated quarterly based on the prior quarter's dispensing volume. The production of LCFS Quarterly Reports requires natural gas utility injection statements, a dispensing allocation file, and CNG station utility injection statements as supporting documents. These reports are due by midnight on the last day of each quarter. The California Air Resources Board (CARB) typically processes LCFS Quarterly Reports for carbon credit generation within two weeks following each quarter's close.
RINs are generated monthly based on the prior month's dispensing volume. To generate RINs, a natural gas utility injection statement, nomination PTD, and dispensing allocation file are submitted to a third-party Verification Body. Once the submitted data is validated, the third-party -22-
Verification Body will provide a RIN Generation Separation file. This file is then uploaded to the project's CDX EMTS account, where the Environmental Protection Agency (EPA) automatically processes the transaction and separates RINs generated within minutes of file submittal. e) Credit Generation. For the purpose of monthly Renewable Fuel Standard (RFS) and quarterly Low Carbon Fuel Standard (LCFS) carbon credit generations, the following data is collected: raw data logs of natural gas volume and methane content, quarterly affidavits as required by the RFS Quality Assurance Plan (QAP) program, Renewable Identification Number (RIN) Generation Separation files provided by a third-party verification body, monthly natural gas utility injection statements, all associated monthly and quarterly product transfer documents (PTDs), monthly dispensing allocation files, and associated compressed natural gas (CNG) utility station injection statements.
f) Monetization. MEW will sell RINs and LCFS. We will electronically transfer the batch of RINs and/or LCFS credits to the broker or direct end user. RINs will be transferred to the CDX EMTS online portal, and LCFS credits will be transferred to the LCFS LRT online portal. MEW will internally retain copies of any associated invoices for at least ten years. g) Base Contract and Transaction Confirmation. MEW utilizes a Base Contract for the Sale and Purchase of Natural Gas (“NAESB”) between the parties and will be prepared to execute an associated natural gas and environmental attributes Transaction Confirmation for the new guaranteed maximum RNG contract of six years, which includes a base contract for three years, with three optional one-year extension periods. MEW will create and provide all necessary agreements for the City’s review and approval.
h) Contract and Quarterly Affidavits. To ensure compliance with regulations, the City will need to fill out a one-time new contract affidavit confirming that all Renewable Natural Gas (RNG) delivered to its stations will be used as vehicle fuel. Additionally, the City will have to complete quarterly affidavits to confirm the consumption of RNG for the volumes delivered and used as transportation fuel. Please note that the affidavit requirement is subject to change based on the new Renewable Fuel Standard (RFS) regulations mentioned above. MEW will be responsible for creating and providing all necessary affidavits for the City's review and approval. i) Reporting. MEW is responsible for handling the reporting for the City of Porterville. An LCFS Annual Fuel Pathway (AFP) report, which details a project’s scope, carbon intensity, and production, must be submitted by March 31st every year for the prior year’s data. Following this, -23-
a third-party Verification Body must successfully audit the AFP report and submit any final determinations to CARB by August 31st.
All transactions and compliance reporting abide by the Renewable Fuel Standard and Low Carbon Fuel Standard (as detailed in Low Carbon Fuel Standard Sub article Proposal Structure
Our proposal to you is that we will guarantee delivery of 100% dairy biomethane to your CNG station. Our payments to you will be fixed based on a contractual negative carbon intensity score.
That is, we are not forecasting a cost based on uncertain RNG supplied by others. Instead, we guarantee a payment based on our internal RNG portfolio, so you know precisely how many RINs and LCFS credits your station will receive under this contract.
Base Proposal: 6-Year RNG Supply Agreement
Maas Energy will provide 100% dairy RNG to the City of Porterville based on the actual usage at your CNG (Compressed Natural Gas) station. We will share RIN and LCFS revenue with the City of Porterville based on the following payment structure:
• 19.00% of LCFS generated from RNG, based on a guaranteed Carbon Intensity. • 19.00% RIN revenue share based on a guarantee of 100% RNG supplied to your station.
Alternative Revenue Proposal #2: (8-Year RNG Supply Agreement) MEW proposes to provide City of Porterville with an enhanced economic proposal under a 7-year or 10-Year RNG Supply Agreement as a value-added offering. The City of Porterville will receive a higher RIN and LCFS percentage as indicated below:
• 19.49% of LCFS revenue generated from RNG, based on a guaranteed Carbon Intensity Score.
• 19.49% RIN revenue share based on a guarantee of 100% RNG supplied to your station. -24-
OR
Alternative Revenue Proposal #3: (10-Year RNG Supply Agreement) • 19.89% of LCFS revenue generated from RNG, based on a guaranteed Carbon Intensity Score.
• 19.89% RIN revenue share based on a guarantee of 100% RNG supplied to your station.
OR
Renewable Identification Numbers (RINs) & Low Carbon Fuel Standard (LCFS) - RNG Credits
Maas Energy Works (MEW) will produce and sell Renewable Identification Numbers (RINs) and Low Carbon Fuel Standard (LCFS) RNG credits. We have held RINs at $3.47 and LCFS credits at $65.00. Our calculations are based on the assumption that the City of Porterville will use a minimum of 331,916 therms per year, equivalent to 278,921 annual gasoline gallon equivalents (GGEs). Please note that the City's actual payments will depend on the quantity of GGEs dispensed and the market prices we achieve for LCFS credits and RINs. We have also provided the total amount of LCFS and RIN credits the City is expected to generate, which will then be converted into revenue. MEW will pay the City their share of the RINs monthly and LCFS quarterly, as listed below.
-29-
year in year 1. The cumulative value over a 10-year contract is $4,011,387 in RNG Value.
Emissions Reduction Analysis
The City of Porterville can benefit from reducing its carbon emissions by approximately 10,409 metric tons of CO2 per year. This is equivalent to removing 52 heavy-duty vehicles or recycling 26,022 tons of landfill waste.
*Confidential Do Not Distribute*
List of Contacts & References
1. Name: Adrienne Robinson, Alternative Fuels Supervisor Company: United Parcel Service (UPS)
Services Provided: Supply RNG to CNG Stations, register LCFS and RIN pathways, generate LCFS credits and RINs, provide quality assurance, compliance, verification, and reporting.
MEW provided these services as part of the Calgren Dairy Fuels joint venture where the company was both a partner and developer-operator.
-30-
**Confidential – Do Not Distribute References Without Prior Consent**
2. Name: John Thornton, President
Services Provided: Supply Electricity Renewable Energy Credits from Biogas for Electric Vehicle Charging to create LCFS credits. Jointly apply for LCFS pathways, provide quality assurance, compliance, verification, and reporting.
**Confidential – Do Not Distribute References Without Prior Consent**
3. Name: Juan Reina, Director Biogas Marketing
Company: Opal Fuels (this company is most likely listed as a bidder on the on this current solicitation. As such this company may not be an ideal reference, but it is still provided to give a full picture of MEW’s scope of activity in this industry). -31-
Services Provided: Supply of RNG to CNG Fueling Stations. Joint effort to secure pathway application for LCFS credits and RFS RIN. Coordinate RFS and LCFS quality assurance, annual verification, compliance, and reporting.
**Confidential – Do Not Distribute References Without Prior Consent**
4. Name: Tyler Henn, Vice President
Company: Clean Energy Renewable Fuels (this company is most likely listed as a bidder on the on this current solicitation. As such this company may not be an ideal reference, but it is still provided to give a full picture of MEW’s scope of activity in this industry).
Services Provided: Supply of RNG to CNG Fueling Stations in Five Points Pipeline cluster and one other confidential dairy digester group. Joint effort to secure pathway application for LCFS credits and RFS RIN. Provide quality assurance, annual verification, compliance, and reporting. **Confidential – Do Not Distribute References Without Prior Consent** -32-
5. Name: Charles Love, GM of RNG Portfolio
Services Provided: Supply of RNG to CNG Fueling Stations. Joint effort to secure pathway application for LCFS credits and RFS RIN. Provide quality assurance, annual verification, compliance, and reporting.
**Confidential – Do Not Distribute References Without Prior Consent**
Plan Holders
Agency City of PortervilleBid Number 24/25-SR1981
Bid Title
Name Contact Address Phone Email Yes No
Clean Energy Renewable Fuels, LLC Michelle Wells 4675 MacArthur CourtSuite 800Newport Beach, CA, 92660, (949) 437-1361 [email protected] X Tulare Kings Counties Builders Exchange Berenice Ruiz 823 W. Center AveVisalia, CA, 93291, (559) 732-4568 [email protected] X U.S. Energy, a division of U.S. Venture Inc. Todd Pendexter 425 Better WayAppleton, WI, 54915, (503) 523-6566 [email protected] X Maas Energy Works David A Canales 1730 South St. Redding, CA, 96001, (714) 461-9559 [email protected] XOpal Fuels Todd Wilmoth 10225 Philadelphia CtRancho Cucamonga, CA, 91730, (951) 756-3766 [email protected] XTrillium Charles Love 2929 Allen Parkway, Suite 4000, Houston, TX 77019 (713) 773-4879 [email protected] X Request for Proposals - Renewable Natural Gas Supplie
Proposal
Points MAAS Opal Clean Energy Trillium US Energy
Understanding of the Scope of Work
Demonstrates a clear understanding of the
LCFS services required.
Technical Approach and Methodology
Proposal outlines a comprehensive and
feasible approach to providing the required
services.
Experience and Qualifications
Firm’s experience with similar projects,
particularly federally funded transit projects
Key Personnel and Project Team
Qualifications of key personnel who will be
assigned to this project.
Price Proposal
Competitive and reasonable cost in
comparison to other proposals.
Total Points 100 98 93 94 92 95
25 24 28
RFP 24/25‐SR 1981
Renewable Natural Gas Supplier
Scoring Matrix
19 19 19
99 99
20 20 20
20 20 19
20 20
19 9
20 20
20 10
30 26
20 19
30 20
Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved September 5, 2006
Base Contract for Sale and Purchase of Natural Gas
This Base Contract is entered into as of the following date: November 1, 2024 The parties to this Base Contract are the following:
PARTY A
Maas Energy Works, LLC PARTY NAME
PARTY B
City of Porterville
1730 South Street
Redding, CA 96001 ADDRESS 291 N. Main St.Porterville, CA 93257 www.maasenergy.com BUSINESS WEBSITE www.ci.porterville.ca.us n/a CONTRACT NUMBER City of Porterville-01
D-U-N-S® NUMBER
US FEDERAL: 27-2367714
OTHER:
TAX ID NUMBERS US FEDERAL:
OTHER:
Delaware JURISDICTION OF
ORGANIZATION California
Corporation LLC
Limited Partnership Partnership
LLP Other:
COMPANY TYPE
Corporation LLC
Limited Partnership Partnership
LLP Other: Municipal
Corporation
n/a GUARANTOR
(IF APPLICABLE) n/a
CONTACT INFORMATION
ATTN: Daryl Maas
TEL#: 210-527-7631 FAX#: n/a
EMAIL: [email protected]
COMMERCIAL
ATTN: Richard Tree
TEL#: (559) 782-7514 FAX#: n/a
EMAIL: [email protected]
ATTN: Mark Vincelli
TEL#: 530-410-1235 FAX#: n/a
EMAIL: [email protected]
SCHEDULING
ATTN: Richard Tree
TEL#: (559) 782-7514 FAX#: n/a
EMAIL: [email protected]
ATTN: Jacob Baldwin
TEL#: 530-744-4793 FAX#: n/a
EMAIL: [email protected]
CONTRACT AND
LEGAL NOTICES
ATTN: Richard Tree
TEL#: (559) 782-7514 FAX#: n/a
EMAIL: [email protected]
ATTN: Stephen Hatley
TEL#: 512-618-2987 FAX#: n/a
EMAIL: [email protected]
CREDIT
ATTN: Richard Tree
TEL#: (559) 782-7514 FAX#: n/a
EMAIL: [email protected]
ATTN: Mark Vincelli
TEL#: 530-410-1235 FAX#: n/a
EMAIL: [email protected]
TRANSACTION
CONFIRMATIONS
ATTN: Richard Tree
TEL#: (559) 782-7514 FAX#: n/a
EMAIL: [email protected]
ACCOUNTING INFORMATION
ATTN: Accounts Payable
TEL#: 530-410-1235 FAX#: n/a
EMAIL: [email protected]
INVOICES
PAYMENTS
SETTLEMENTS
ATTN: Richard Tree
TEL#: (559) 782-7514 FAX#: n/a
EMAIL: [email protected]
BANK:
ABA: ACCT:
OTHER DETAILS:
WIRE TRANSFER
NUMBERS
(IF APPLICABLE)
BANK:
ABA: ACCT:
OTHER DETAILS:
BANK:
ABA: ACCT:
OTHER DETAILS:
ACH NUMBERS
(IF APPLICABLE)
BANK:
ABA: ACCT:
OTHER DETAILS:
ATTN:
ADDRESS:
CHECKS
(IF APPLICABLE)
ATTN:
ADDRESS:
Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 2 of 13 September 5, 2006
Base Contract for Sale and Purchase of Natural Gas
(Continued)
This Base Contract incorporates by reference for all purposes the General Terms and Conditions for Sale and Purchase of Natural Gas published by the North American Energy Standards Board. The parties hereby agree to the following provisions offered in said General Terms and Conditions. In the event the parties fail to check a box, the specified default provision shall apply. Select the appropriate box(es) from each section:
Section 1.2
Transaction
Procedure
Oral (default)
OR
Written
Section 10.2
Additional
Events of
Default
No Additional Events of Default (default)
Indebtedness Cross Default
Party A: __________________
Party B: __________________
Transactional Cross Default
Specified Transactions:
Section 2.7
Confirm Deadline
2 Business Days after receipt (default)
OR
_ Business Days after receipt
Section 2.8
Confirming Party
Seller (default)
OR
Buyer
Section 3.2
Performance
Obligation
Cover Standard (default)
OR
Spot Price Standard
Section 10.3.1
Early
Termination
Damages
Early Termination Damages Apply (default)
OR
Early Termination Damages Do Not Apply
Note: The following Spot Price Publication applies to both of the immediately preceding. Section 10.3.2
Other
Agreement
Setoffs
Other Agreement Setoffs Apply (default)
Bilateral (default)
Triangular
OR
Other Agreement Setoffs Do Not Apply
Section 2.31
Spot Price
Publication
Gas Daily Midpoint (default)
OR
Section 6
Taxes
Buyer Pays At and After Delivery Point (default)
OR
Seller Pays Before and At Delivery Point
Section 7.2
Payment Date
25th Day of Month following Month of delivery
(default)
OR
Day of Month following Month of delivery
Section 15.5
Choice Of Law
California
Section 7.2
Method of Payment
Wire transfer (default)
Automated Clearinghouse Credit (ACH)
Check
Section 15.10
Confidentiality
Confidentiality applies (default)
OR
Confidentiality does not apply
Section 7.7
Netting
Netting applies (default)
OR
Netting does not apply
Special Provisions Number of sheets attached: 4 pages
Addendum(s):
IN WITNESS WHEREOF, the parties hereto have executed this Base Contract in duplicate.
Maas Energy Works, LLC PARTY NAME City of Porterville
By:
SIGNATURE
By:
Daryl Maas PRINTED NAME Richard Tree
CEO TITLE Director of Transportation
Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 3 of 13 September 5, 2006
General Terms and Conditions
Base Contract for Sale and Purchase of Natural Gas
SECTION 1. PURPOSE AND PROCEDURES
1.1. These General Terms and Conditions are intended to facilitate purchase and sale transactions of Gas on a Firm or Interruptible basis. "Buyer" refers to the party receiving Gas and "Seller" refers to the party delivering Gas. The entire agreement between the parties shall be the Contract as defined in Section 2.9.
The parties have selected either the “Oral Transaction Procedure” or the “Written Transaction Procedure” as indicated on the Base Contract.
Oral Transaction Procedure:
1.2. The parties will use the following Transaction Confirmation procedure. Any Gas purchase and sale transaction may be effectuated in an EDI transmission or telephone conversation with the offer and acceptance constituting the agreement of the parties. The parties shall be legally bound from the time they so agree to transaction terms and may each rely thereon. Any such transaction shall be considered a “writing” and to have been “signed”. Notwithstanding the foregoing sentence, the parties agree that Confirming Party shall, and the other party may, confirm a telephonic transaction by sending the other party a Transaction Confirmation by facsimile, EDI or mutually agreeable electronic means within three Business Days of a transaction covered by this Section 1.2 (Oral Transaction Procedure) provided that the failure to send a Transaction Confirmation shall not invalidate the oral agreement of the parties. Confirming Party adopts its confirming letterhead, or the like, as its signature on any Transaction Confirmation as the identification and authentication of Confirming Party. If the Transaction Confirmation contains any provisions other than those relating to the commercial terms of the transaction (i.e., price, quantity, performance obligation, delivery point, period of delivery and/or transportation conditions), which modify or supplement the Base Contract or General Terms and Conditions of this Contract (e.g., arbitration or additional representations and warranties), such provisions shall not be deemed to be accepted pursuant to Section 1.3 but must be expressly agreed to by both parties; provided that the foregoing shall not invalidate any transaction agreed to by the parties.
Written Transaction Procedure:
1.2. The parties will use the following Transaction Confirmation procedure. Should the parties come to an agreement regarding a Gas purchase and sale transaction for a particular Delivery Period, the Confirming Party shall, and the other party may, record that agreement on a Transaction Confirmation and communicate such Transaction Confirmation by facsimile, EDI or mutually agreeable electronic means, to the other party by the close of the Business Day following the date of agreement. The parties acknowledge that their agreement will not be binding until the exchange of nonconflicting Transaction Confirmations or the passage of the Confirm Deadline without objection from the receiving party, as provided in Section 1.3.
1.3. If a sending party's Transaction Confirmation is materially different from the receiving party's understanding of the agreement referred to in Section 1.2, such receiving party shall notify the sending party via facsimile, EDI or mutually agreeable electronic means by the Confirm Deadline, unless such receiving party has previously sent a Transaction Confirmation to the sending party. The failure of the receiving party to so notify the sending party in writing by the Confirm Deadline constitutes the receiving party's agreement to the terms of the transaction described in the sending party's Transaction Confirmation. If there are any material differences between timely sent Transaction Confirmations governing the same transaction, then neither Transaction Confirmation shall be binding until or unless such differences are resolved including the use of any evidence that clearly resolves the differences in the Transaction Confirmations. In the event of a conflict among the terms of (i) a binding Transaction Confirmation pursuant to Section 1.2, (ii) the oral agreement of the parties which may be evidenced by a recorded conversation, where the parties have selected the Oral Transaction Procedure of the Base Contract, (iii) the Base Contract, and (iv) these General Terms and Conditions, the terms of the documents shall govern in the priority listed in this sentence.
1.4. The parties agree that each party may electronically record all telephone conversations with respect to this Contract between their respective employees, without any special or further notice to the other party. Each party shall obtain any necessary consent of its agents and employees to such recording. Where the parties have selected the Oral Transaction Procedure in Section 1.2 of the Base Contract, the parties agree not to contest the validity or enforceability of telephonic recordings entered into in accordance with the requirements of this Base Contract.
SECTION 2. DEFINITIONS
The terms set forth below shall have the meaning ascribed to them below. Other terms are also defined elsewhere in the Contract and shall have the meanings ascribed to them herein.
2.1. “Additional Event of Default” shall mean Transactional Cross Default or Indebtedness Cross Default, each as and if selected by the parties pursuant to the Base Contract.
2.2. “Affiliate” shall mean, in relation to any person, any entity controlled, directly or indirectly, by the person, any entity that controls, directly or indirectly, the person or any entity directly or indirectly under common control with the person. For this purpose, “control” of any entity or person means ownership of at least 50 percent of the voting power of the entity or person.
Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 4 of 13 September 5, 2006
2.3. “Alternative Damages” shall mean such damages, expressed in dollars or dollars per MMBtu, as the parties shall agree upon in the Transaction Confirmation, in the event either Seller or Buyer fails to perform a Firm obligation to deliver Gas in the case of Seller or to receive Gas in the case of Buyer.
2.4. "Base Contract" shall mean a contract executed by the parties that incorporates these General Terms and Conditions by reference; that specifies the agreed selections of provisions contained herein; and that sets forth other information required herein and any Special Provisions and addendum(s) as identified on page one.
2.5. "British thermal unit" or "Btu" shall mean the International BTU, which is also called the Btu (IT).
2.6. "Business Day(s)" shall mean Monday through Friday, excluding Federal Banking Holidays for transactions in the U.S.
2.7. "Confirm Deadline" shall mean 5:00 p.m. in the receiving party's time zone on the second Business Day following the Day a Transaction Confirmation is received or, if applicable, on the Business Day agreed to by the parties in the Base Contract; provided, if the Transaction Confirmation is time stamped after 5:00 p.m. in the receiving party's time zone, it shall be deemed received at the opening of the next Business Day.
2.8. "Confirming Party" shall mean the party designated in the Base Contract to prepare and forward Transaction Confirmations to the other party.
2.9. "Contract" shall mean the legally-binding relationship established by (i) the Base Contract, (ii) any and all binding Transaction Confirmations and (iii) where the parties have selected the Oral Transaction Procedure in Section 1.2 of the Base Contract, any and all transactions that the parties have entered into through an EDI transmission or by telephone, but that have not been confirmed in a binding Transaction Confirmation, all of which shall form a single integrated agreement between the parties.
2.10. "Contract Price" shall mean the amount expressed in U.S. Dollars per MMBtu to be paid by Buyer to Seller for the purchase of Gas as agreed to by the parties in a transaction.
2.11. "Contract Quantity" shall mean the quantity of Gas to be delivered and taken as agreed to by the parties in a transaction.
2.12. "Cover Standard", as referred to in Section 3.2, shall mean that if there is an unexcused failure to take or deliver any quantity of Gas pursuant to this Contract, then the performing party shall use commercially reasonable efforts to (i) if Buyer is the performing party, obtain Gas, (or an alternate fuel if elected by Buyer and replacement Gas is not available), or (ii) if Seller is the performing party, sell Gas, in either case, at a price reasonable for the delivery or production area, as applicable, consistent with:
the amount of notice provided by the nonperforming party; the immediacy of the Buyer's Gas consumption needs or Seller's Gas sales requirements, as applicable; the quantities involved; and the anticipated length of failure by the nonperforming party.
2.13. "Credit Support Obligation(s)” shall mean any obligation(s) to provide or establish credit support for, or on behalf of, a party to this Contract such as cash, an irrevocable standby letter of credit, a margin agreement, a prepayment, a security interest in an asset, guaranty, or other good and sufficient security of a continuing nature.
2.14. "Day" shall mean a period of 24 consecutive hours, coextensive with a "day" as defined by the Receiving Transporter in a particular transaction.
2.15. "Delivery Period" shall be the period during which deliveries are to be made as agreed to by the parties in a transaction.
2.16. "Delivery Point(s)" shall mean such point(s) as are agreed to by the parties in a transaction.
2.17. "EDI" shall mean an electronic data interchange pursuant to an agreement entered into by the parties, specifically relating to the communication of Transaction Confirmations under this Contract.
2.18. "EFP" shall mean the purchase, sale or exchange of natural Gas as the "physical" side of an exchange for physical transaction involving gas futures contracts. EFP shall incorporate the meaning and remedies of "Firm", provided that a party’s excuse for nonperformance of its obligations to deliver or receive Gas will be governed by the rules of the relevant futures exchange regulated under the Commodity Exchange Act.
2.19. "Firm" shall mean that either party may interrupt its performance without liability only to the extent that such performance is prevented for reasons of Force Majeure; provided, however, that during Force Majeure interruptions, the party invoking Force Majeure may be responsible for any Imbalance Charges as set forth in Section 4.3 related to its interruption after the nomination is made to the Transporter and until the change in deliveries and/or receipts is confirmed by the Transporter.
2.20. "Gas" shall mean any mixture of hydrocarbons and noncombustible gases in a gaseous state consisting primarily of methane.
2.21. “Guarantor” shall mean any entity that has provided a guaranty of the obligations of a party hereunder.
2.22. "Imbalance Charges" shall mean any fees, penalties, costs or charges (in cash or in kind) assessed by a Transporter for failure to satisfy the Transporter's balance and/or nomination requirements.
2.23. “Indebtedness Cross Default” shall mean if selected on the Base Contract by the parties with respect to a party, that it or its Guarantor, if any, experiences a default, or similar condition or event however therein defined, under one or more agreements or instruments, individually or collectively, relating to indebtedness (such indebtedness to include any obligation whether present or future, contingent or otherwise, as principal or surety or otherwise) for the payment or repayment of borrowed money in an aggregate amount greater than the threshold specified in the Base Contract with respect to such party or its Guarantor, if any, which results in such indebtedness becoming immediately due and payable.
Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 5 of 13 September 5, 2006
2.24. "Interruptible" shall mean that either party may interrupt its performance at any time for any reason, whether or not caused by an event of Force Majeure, with no liability, except such interrupting party may be responsible for any Imbalance Charges as set forth in Section 4.3 related to its interruption after the nomination is made to the Transporter and until the change in deliveries and/or receipts is confirmed by Transporter.
2.25. "MMBtu" shall mean one million British thermal units, which is equivalent to one dekatherm.
2.26. "Month" shall mean the period beginning on the first Day of the calendar month and ending immediately prior to the commencement of the first Day of the next calendar month.
2.27. "Payment Date" shall mean a date, as indicated on the Base Contract, on or before which payment is due Seller for Gas received by Buyer in the previous Month.
2.28. "Receiving Transporter" shall mean the Transporter receiving Gas at a Delivery Point, or absent such receiving Transporter, the Transporter delivering Gas at a Delivery Point.
2.29. "Scheduled Gas" shall mean the quantity of Gas confirmed by Transporter(s) for movement, transportation or management.
2.30. “Specified Transaction(s)” shall mean any other transaction or agreement between the parties for the purchase, sale or exchange of physical Gas, and any other transaction or agreement identified as a Specified Transaction under the Base Contract.
2.31. "Spot Price " as referred to in Section 3.2 shall mean the price listed in the publication indicated on the Base Contract, under the listing applicable to the geographic location closest in proximity to the Delivery Point(s) for the relevant Day; provided, if there is no single price published for such location for such Day, but there is published a range of prices, then the Spot Price shall be the average of such high and low prices. If no price or range of prices is published for such Day, then the Spot Price shall be the average of the following: (i) the price (determined as stated above) for the first Day for which a price or range of prices is published that next precedes the relevant Day; and (ii) the price (determined as stated above) for the first Day for which a price or range of prices is published that next follows the relevant Day.
2.32. "Transaction Confirmation" shall mean a document, similar to the form of Exhibit A, setting forth the terms of a transaction formed pursuant to Section 1 for a particular Delivery Period.
2.33. “Transactional Cross Default” shall mean if selected on the Base Contract by the parties with respect to a party, that it shall be in default, however therein defined, under any Specified Transaction.
2.34. “Termination Option” shall mean the option of either party to terminate a transaction in the event that the other party fails to perform a Firm obligation to deliver Gas in the case of Seller or to receive Gas in the case of Buyer for a designated number of days during a period as specified on the applicable Transaction Confirmation.
2.35. "Transporter(s)" shall mean all Gas gathering or pipeline companies, or local distribution companies, acting in the capacity of a transporter, transporting Gas for Seller or Buyer upstream or downstream, respectively, of the Delivery Point pursuant to a particular transaction.
SECTION 3. PERFORMANCE OBLIGATION
3.1. Seller agrees to sell and deliver, and Buyer agrees to receive and purchase, the Contract Quantity for a particular transaction in accordance with the terms of the Contract. Sales and purchases will be on a Firm or Interruptible basis, as agreed to by the parties in a transaction.
The parties have selected either the “Cover Standard” or the “Spot Price Standard” as indicated on the Base Contract.
Cover Standard:
3.2. The sole and exclusive remedy of the parties in the event of a breach of a Firm obligation to deliver or receive Gas shall be recovery of the following: (i) in the event of a breach by Seller on any Day(s), payment by Seller to Buyer in an amount equal to the positive difference, if any, between the purchase price paid by Buyer utilizing the Cover Standard and the Contract Price, adjusted for commercially reasonable differences in transportation costs to or from the Delivery Point(s), multiplied by the difference between the Contract Quantity and the quantity actually delivered by Seller for such Day(s) excluding any quantity for which no replacement is available; or (ii) in the event of a breach by Buyer on any Day(s), payment by Buyer to Seller in the amount equal to the positive difference, if any, between the Contract Price and the price received by Seller utilizing the Cover Standard for the resale of such Gas, adjusted for commercially reasonable differences in transportation costs to or from the Delivery Point(s), multiplied by the difference between the Contract Quantity and the quantity actually taken by Buyer for such Day(s) excluding any quantity for which no sale is available; and (iii) in the event that Buyer has used commercially reasonable efforts to replace the Gas or Seller has used commercially reasonable efforts to sell the Gas to a third party, and no such replacement or sale is available for all or any portion of the Contract Quantity of Gas, then in addition to (i) or (ii) above, as applicable, the sole and exclusive remedy of the performing party with respect to the Gas not replaced or sold shall be an amount equal to any unfavorable difference between the Contract Price and the Spot Price, adjusted for such transportation to the applicable Delivery Point, multiplied by the quantity of such Gas not replaced or sold. Imbalance Charges shall not be recovered under this Section 3.2, but Seller and/or Buyer shall be responsible for Imbalance Charges, if any, as provided in Section 4.3. The amount of such unfavorable difference shall be payable five Business Days after presentation of the performing party’s invoice, which shall set forth the basis upon which such amount was calculated.
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Spot Price Standard:
3.2. The sole and exclusive remedy of the parties in the event of a breach of a Firm obligation to deliver or receive Gas shall be recovery of the following: (i) in the event of a breach by Seller on any Day(s), payment by Seller to Buyer in an amount equal to the difference between the Contract Quantity and the actual quantity delivered by Seller and received by Buyer for such Day(s), multiplied by the positive difference, if any, obtained by subtracting the Contract Price from the Spot Price; or (ii) in the event of a breach by Buyer on any Day(s), payment by Buyer to Seller in an amount equal to the difference between the Contract Quantity and the actual quantity delivered by Seller and received by Buyer for such Day(s), multiplied by the positive difference, if any, obtained by subtracting the applicable Spot Price from the Contract Price. Imbalance Charges shall not be recovered under this Section 3.2, but Seller and/or Buyer shall be responsible for Imbalance Charges, if any, as provided in Section 4.3. The amount of such unfavorable difference shall be payable five Business Days after presentation of the performing party’s invoice, which shall set forth the basis upon which such amount was calculated.
3.3. Notwithstanding Section 3.2, the parties may agree to Alternative Damages in a Transaction Confirmation executed in writing by both parties.
3.4. In addition to Sections 3.2 and 3.3, the parties may provide for a Termination Option in a Transaction Confirmation executed in writing by both parties. The Transaction Confirmation containing the Termination Option will designate the length of nonperformance triggering the Termination Option and the procedures for exercise thereof, how damages for nonperformance will be compensated, and how liquidation costs will be calculated.
SECTION 4. TRANSPORTATION, NOMINATIONS, AND IMBALANCES
4.1. Seller shall have the sole responsibility for transporting the Gas to the Delivery Point(s). Buyer shall have the sole responsibility for transporting the Gas from the Delivery Point(s).
4.2. The parties shall coordinate their nomination activities, giving sufficient time to meet the deadlines of the affected Transporter(s).
Each party shall give the other party timely prior Notice, sufficient to meet the requirements of all Transporter(s) involved in the transaction, of the quantities of Gas to be delivered and purchased each Day. Should either party become aware that actual deliveries at the Delivery Point(s) are greater or lesser than the Scheduled Gas, such party shall promptly notify the other party.
4.3. The parties shall use commercially reasonable efforts to avoid imposition of any Imbalance Charges. If Buyer or Seller receives an invoice from a Transporter that includes Imbalance Charges, the parties shall determine the validity as well as the cause of such Imbalance Charges. If the Imbalance Charges were incurred as a result of Buyer’s receipt of quantities of Gas greater than or less than the Scheduled Gas, then Buyer shall pay for such Imbalance Charges or reimburse Seller for such Imbalance Charges paid by Seller. If the Imbalance Charges were incurred as a result of Seller’s delivery of quantities of Gas greater than or less than the Scheduled Gas, then Seller shall pay for such Imbalance Charges or reimburse Buyer for such Imbalance Charges paid by Buyer.
SECTION 5. QUALITY AND MEASUREMENT
All Gas delivered by Seller shall meet the pressure, quality and heat content requirements of the Receiving Transporter. The unit of quantity measurement for purposes of this Contract shall be one MMBtu dry. Measurement of Gas quantities hereunder shall be in accordance with the established procedures of the Receiving Transporter.
SECTION 6. TAXES
The parties have selected either “Buyer Pays At and After Delivery Point” or “Seller Pays Before and At Delivery Point” as indicated on the Base Contract.
Buyer Pays At and After Delivery Point:
Seller shall pay or cause to be paid all taxes, fees, levies, penalties, licenses or charges imposed by any government authority (“Taxes”) on or with respect to the Gas prior to the Delivery Point(s). Buyer shall pay or cause to be paid all Taxes on or with respect to the Gas at the Delivery Point(s) and all Taxes after the Delivery Point(s). If a party is required to remit or pay Taxes that are the other party’s responsibility hereunder, the party responsible for such Taxes shall promptly reimburse the other party for such Taxes. Any party entitled to an exemption from any such Taxes or charges shall furnish the other party any necessary documentation thereof.
Seller Pays Before and At Delivery Point:
Seller shall pay or cause to be paid all taxes, fees, levies, penalties, licenses or charges imposed by any government authority (“Taxes”) on or with respect to the Gas prior to the Delivery Point(s) and all Taxes at the Delivery Point(s). Buyer shall pay or cause to be paid all Taxes on or with respect to the Gas after the Delivery Point(s). If a party is required to remit or pay Taxes that are the other party’s responsibility hereunder, the party responsible for such Taxes shall promptly reimburse the other party for such Taxes. Any party entitled to an exemption from any such Taxes or charges shall furnish the other party any necessary documentation thereof.
SECTION 7. BILLING, PAYMENT, AND AUDIT
7.1. Seller shall invoice Buyer for Gas delivered and received in the preceding Month and for any other applicable charges, providing supporting documentation acceptable in industry practice to support the amount charged. If the actual quantity delivered is not known by the billing date, billing will be prepared based on the quantity of Scheduled Gas. The invoiced quantity will then be adjusted to the actual quantity on the following Month's billing or as soon thereafter as actual delivery information is available.
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7.2. Buyer shall remit the amount due under Section 7.1 in the manner specified in the Base Contract, in immediately available funds, on or before the later of the Payment Date or 10 Days after receipt of the invoice by Buyer; provided that if the Payment Date is not a Business Day, payment is due on the next Business Day following that date. In the event any payments are due Buyer hereunder, payment to Buyer shall be made in accordance with this Section 7.2.
7.3. In the event payments become due pursuant to Sections 3.2 or 3.3, the performing party may submit an invoice to the nonperforming party for an accelerated payment setting forth the basis upon which the invoiced amount was calculated. Payment from the nonperforming party will be due five Business Days after receipt of invoice.
7.4. If the invoiced party, in good faith, disputes the amount of any such invoice or any part thereof, such invoiced party will pay such amount as it concedes to be correct; provided, however, if the invoiced party disputes the amount due, it must provide supporting documentation acceptable in industry practice to support the amount paid or disputed without undue delay. In the event the parties are unable to resolve such dispute, either party may pursue any remedy available at law or in equity to enforce its rights pursuant to this Section.
7.5. If the invoiced party fails to remit the full amount payable when due, interest on the unpaid portion shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus two percent per annum; or (ii) the maximum applicable lawful interest rate.
7.6. A party shall have the right, at its own expense, upon reasonable Notice and at reasonable times, to examine and audit and to obtain copies of the relevant portion of the books, records, and telephone recordings of the other party only to the extent reasonably necessary to verify the accuracy of any statement, charge, payment, or computation made under the Contract. This right to examine, audit, and to obtain copies shall not be available with respect to proprietary information not directly relevant to transactions under this Contract. All invoices and billings shall be conclusively presumed final and accurate and all associated claims for under- or overpayments shall be deemed waived unless such invoices or billings are objected to in writing, with adequate explanation and/or documentation, within two years after the Month of Gas delivery. All retroactive adjustments under Section 7 shall be paid in full by the party owing payment within 30 Days of Notice and substantiation of such inaccuracy.
7.7. Unless the parties have elected on the Base Contract not to make this Section 7.7 applicable to this Contract, the parties shall net all undisputed amounts due and owing, and/or past due, arising under the Contract such that the party owing the greater amount shall make a single payment of the net amount to the other party in accordance with Section 7; provided that no payment required to be made pursuant to the terms of any Credit Support Obligation or pursuant to Section 7.3 shall be subject to netting under this Section. If the parties have executed a separate netting agreement, the terms and conditions therein shall prevail to the extent inconsistent herewith.
SECTION 8. TITLE, WARRANTY, AND INDEMNITY
8.1. Unless otherwise specifically agreed, title to the Gas shall pass from Seller to Buyer at the Delivery Point(s). Seller shall have responsibility for and assume any liability with respect to the Gas prior to its delivery to Buyer at the specified Delivery Point(s).
Buyer shall have responsibility for and assume any liability with respect to said Gas after its delivery to Buyer at the Delivery Point(s).
8.2. Seller warrants that it will have the right to convey and will transfer good and merchantable title to all Gas sold hereunder and delivered by it to Buyer, free and clear of all liens, encumbrances, and claims. EXCEPT AS PROVIDED IN THIS SECTION 8.2 AND IN SECTION 15.8, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE, ARE DISCLAIMED.
8.3. Seller agrees to indemnify Buyer and save it harmless from all losses, liabilities or claims including reasonable attorneys' fees and costs of court ("Claims"), from any and all persons, arising from or out of claims of title, personal injury (including death) or property damage from said Gas or other charges thereon which attach before title passes to Buyer. Buyer agrees to indemnify Seller and save it harmless from all Claims, from any and all persons, arising from or out of claims regarding payment, personal injury (including death) or property damage from said Gas or other charges thereon which attach after title passes to Buyer.
8.4. The parties agree that the delivery of and the transfer of title to all Gas under this Contract shall take place within the Customs Territory of the United States (as defined in general note 2 of the Harmonized Tariff Schedule of the United States 19 U.S.C. §1202, General Notes, page 3); provided, however, that in the event Seller took title to the Gas outside the Customs Territory of the United States, Seller represents and warrants that it is the importer of record for all Gas entered and delivered into the United States, and shall be responsible for entry and entry summary filings as well as the payment of duties, taxes and fees, if any, and all applicable record keeping requirements.
8.5. Notwithstanding the other provisions of this Section 8, as between Seller and Buyer, Seller will be liable for all Claims to the extent that such arise from the failure of Gas delivered by Seller to meet the quality requirements of Section 5.
SECTION 9. NOTICES
9.1. All Transaction Confirmations, invoices, payment instructions, and other communications made pursuant to the Base Contract ("Notices") shall be made to the addresses specified in writing by the respective parties from time to time.
9.2. All Notices required hereunder shall be in writing and may be sent by facsimile or mutually acceptable electronic means, a nationally recognized overnight courier service, first class mail or hand delivered.
9.3. Notice shall be given when received on a Business Day by the addressee. In the absence of proof of the actual receipt date, the following presumptions will apply. Notices sent by facsimile shall be deemed to have been received upon the sending party's receipt of its facsimile machine's confirmation of successful transmission. If the day on which such facsimile is received is not a Business Day or is after five p.m. on a Business Day, then such facsimile shall be deemed to have been received on the next Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 8 of 13 September 5, 2006
following Business Day. Notice by overnight mail or courier shall be deemed to have been received on the next Business Day after it was sent or such earlier time as is confirmed by the receiving party. Notice via first class mail shall be considered delivered five Business Days after mailing.
9.4. The party receiving a commercially acceptable Notice of change in payment instructions or other payment information shall not be obligated to implement such change until ten Business Days after receipt of such Notice.
SECTION 10. FINANCIAL RESPONSIBILITY
10.1. If either party (“X”) has reasonable grounds for insecurity regarding the performance of any obligation under this Contract (whether or not then due) by the other party (“Y”) (including, without limitation, the occurrence of a material change in the creditworthiness of Y or its Guarantor, if applicable), X may demand Adequate Assurance of Performance. “Adequate Assurance of Performance” shall mean sufficient security in the form, amount, for a term, and from an issuer, all as reasonably acceptable to X, including, but not limited to cash, a standby irrevocable letter of credit, a prepayment, a security interest in an asset or guaranty. Y hereby grants to X a continuing first priority security interest in, lien on, and right of setoff against all Adequate Assurance of Performance in the form of cash transferred by Y to X pursuant to this Section 10.1. Upon the return by X to Y of such Adequate Assurance of Performance, the security interest and lien granted hereunder on that Adequate Assurance of Performance shall be released automatically and, to the extent possible, without any further action by either party.
10.2. In the event (each an "Event of Default") either party (the "Defaulting Party") or its Guarantor shall: (i) make an assignment or any general arrangement for the benefit of creditors; (ii) file a petition or otherwise commence, authorize, or acquiesce in the commencement of a proceeding or case under any bankruptcy or similar law for the protection of creditors or have such petition filed or proceeding commenced against it; (iii) otherwise become bankrupt or insolvent (however evidenced); (iv) be unable to pay its debts as they fall due; (v) have a receiver, provisional liquidator, conservator, custodian, trustee or other similar official appointed with respect to it or substantially all of its assets; (vi) fail to perform any obligation to the other party with respect to any Credit Support Obligations relating to the Contract; (vii) fail to give Adequate Assurance of Performance under Section 10.1 within 48 hours but at least one Business Day of a written request by the other party; (viii) not have paid any amount due the other party hereunder on or before the second Business Day following written Notice that such payment is due; or ix) be the affected party with respect to any Additional Event of Default; then the other party (the "Non-Defaulting Party") shall have the right, at its sole election, to immediately withhold and/or suspend deliveries or payments upon Notice and/or to terminate and liquidate the transactions under the Contract, in the manner provided in Section 10.3, in addition to any and all other remedies available hereunder.
10.3. If an Event of Default has occurred and is continuing, the Non-Defaulting Party shall have the right, by Notice to the Defaulting Party, to designate a Day, no earlier than the Day such Notice is given and no later than 20 Days after such Notice is given, as an early termination date (the “Early Termination Date”) for the liquidation and termination pursuant to Section 10.3.1 of all transactions under the Contract, each a “Terminated Transaction”. On the Early Termination Date, all transactions will terminate, other than those transactions, if any, that may not be liquidated and terminated under applicable law (“Excluded Transactions”), which Excluded Transactions must be liquidated and terminated as soon thereafter as is legally permissible, and upon termination shall be a Terminated Transaction and be valued consistent with Section 10.3.1 below. With respect to each Excluded Transaction, its actual termination date shall be the Early Termination Date for purposes of Section 10.3.1.
The parties have selected either “Early Termination Damages Apply” or “Early Termination Damages Do Not Apply” as indicated on the Base Contract.
Early Termination Damages Apply:
10.3.1. As of the Early Termination Date, the Non-Defaulting Party shall determine, in good faith and in a commercially reasonable manner, (i) the amount owed (whether or not then due) by each party with respect to all Gas delivered and received between the parties under Terminated Transactions and Excluded Transactions on and before the Early Termination Date and all other applicable charges relating to such deliveries and receipts (including without limitation any amounts owed under Section
3.2), for which payment has not yet been made by the party that owes such payment under this Contract and (ii) the Market Value, as defined below, of each Terminated Transaction. The Non-Defaulting Party shall (x) liquidate and accelerate each Terminated Transaction at its Market Value, so that each amount equal to the difference between such Market Value and the Contract Value, as defined below, of such Terminated Transaction(s) shall be due to the Buyer under the Terminated Transaction(s) if such Market Value exceeds the Contract Value and to the Seller if the opposite is the case; and (y) where appropriate, discount each amount then due under clause (x) above to present value in a commercially reasonable manner as of the Early Termination Date (to take account of the period between the date of liquidation and the date on which such amount would have otherwise been due pursuant to the relevant Terminated Transactions).
For purposes of this Section 10.3.1, “Contract Value” means the amount of Gas remaining to be delivered or purchased under a transaction multiplied by the Contract Price, and “Market Value” means the amount of Gas remaining to be delivered or purchased under a transaction multiplied by the market price for a similar transaction at the Delivery Point determined by the Non-Defaulting Party in a commercially reasonable manner. To ascertain the Market Value, the Non-Defaulting Party may consider, among other valuations, any or all of the settlement prices of NYMEX Gas futures contracts, quotations from leading dealers in energy swap contracts or physical gas trading markets, similar sales or purchases and any other bona fide third-party offers, all adjusted for the length of the term and differences in transportation costs. A party shall not be required to enter into a replacement transaction(s) in order to determine the Market Value. Any extension(s) of the term of a transaction to which parties are not bound as of the Early Termination Date (including but not limited to “evergreen provisions”) shall not be considered in determining Contract Values and Market Values. For the avoidance of doubt, any option pursuant to which one party has the right to extend Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 9 of 13 September 5, 2006
the term of a transaction shall be considered in determining Contract Values and Market Values. The rate of interest used in calculating net present value shall be determined by the Non-Defaulting Party in a commercially reasonable manner.
Early Termination Damages Do Not Apply:
10.3.1. As of the Early Termination Date, the Non-Defaulting Party shall determine, in good faith and in a commercially reasonable manner, the amount owed (whether or not then due) by each party with respect to all Gas delivered and received between the parties under Terminated Transactions and Excluded Transactions on and before the Early Termination Date and all other applicable charges relating to such deliveries and receipts (including without limitation any amounts owed under Section
3.2), for which payment has not yet been made by the party that owes such payment under this Contract.
The parties have selected either “Other Agreement Setoffs Apply” or “Other Agreement Setoffs Do Not Apply” as indicated on the Base Contract.
Other Agreement Setoffs Apply:
Bilateral Setoff Option:
10.3.2. The Non-Defaulting Party shall net or aggregate, as appropriate, any and all amounts owing between the parties under Section 10.3.1, so that all such amounts are netted or aggregated to a single liquidated amount payable by one party to the other (the “Net Settlement Amount”). At its sole option and without prior Notice to the Defaulting Party, the Non-Defaulting Party is hereby authorized to setoff any Net Settlement Amount against (i) any margin or other collateral held by a party in connection with any Credit Support Obligation relating to the Contract; and (ii) any amount(s) (including any excess cash margin or excess cash collateral) owed or held by the party that is entitled to the Net Settlement Amount under any other agreement or arrangement between the parties.
Triangular Setoff Option:
10.3.2. The Non-Defaulting Party shall net or aggregate, as appropriate, any and all amounts owing between the parties under Section 10.3.1, so that all such amounts are netted or aggregated to a single liquidated amount payable by one party to the other (the “Net Settlement Amount”). At its sole option, and without prior Notice to the Defaulting Party, the Non-Defaulting Party is hereby authorized to setoff (i) any Net Settlement Amount against any margin or other collateral held by a party in connection with any Credit Support Obligation relating to the Contract; (ii) any Net Settlement Amount against any amount(s) (including any excess cash margin or excess cash collateral) owed by or to a party under any other agreement or arrangement between the parties; (iii) any Net Settlement Amount owed to the Non-Defaulting Party against any amount(s) (including any excess cash margin or excess cash collateral) owed by the Non-Defaulting Party or its Affiliates to the Defaulting Party under any other agreement or arrangement; (iv) any Net Settlement Amount owed to the Defaulting Party against any amount(s) (including any excess cash margin or excess cash collateral) owed by the Defaulting Party to the Non-Defaulting Party or its Affiliates under any other agreement or arrangement; and/or (v) any Net Settlement Amount owed to the Defaulting Party against any amount(s) (including any excess cash margin or excess cash collateral) owed by the Defaulting Party or its Affiliates to the Non-Defaulting Party under any other agreement or arrangement.
Other Agreement Setoffs Do Not Apply:
10.3.2. The Non-Defaulting Party shall net or aggregate, as appropriate, any and all amounts owing between the parties under Section 10.3.1, so that all such amounts are netted or aggregated to a single liquidated amount payable by one party to the other (the “Net Settlement Amount”). At its sole option and without prior Notice to the Defaulting Party, the Non-Defaulting Party may setoff any Net Settlement Amount against any margin or other collateral held by a party in connection with any Credit Support Obligation relating to the Contract.
10.3.3. If any obligation that is to be included in any netting, aggregation or setoff pursuant to Section 10.3.2 is unascertained, the Non-Defaulting Party may in good faith estimate that obligation and net, aggregate or setoff, as applicable, in respect of the estimate, subject to the Non-Defaulting Party accounting to the Defaulting Party when the obligation is ascertained. Any amount not then due which is included in any netting, aggregation or setoff pursuant to Section 10.3.2 shall be discounted to net present value in a commercially reasonable manner determined by the Non-Defaulting Party.
10.4. As soon as practicable after a liquidation, Notice shall be given by the Non-Defaulting Party to the Defaulting Party of the Net Settlement Amount, and whether the Net Settlement Amount is due to or due from the Non-Defaulting Party. The Notice shall include a written statement explaining in reasonable detail the calculation of the Net Settlement Amount, provided that failure to give such Notice shall not affect the validity or enforceability of the liquidation or give rise to any claim by the Defaulting Party against the Non-Defaulting Party. The Net Settlement Amount as well as any setoffs applied against such amount pursuant to Section 10.3.2, shall be paid by the close of business on the second Business Day following such Notice, which date shall not be earlier than the Early Termination Date. Interest on any unpaid portion of the Net Settlement Amount as adjusted by setoffs, shall accrue from the date due until the date of payment at a rate equal to the lower of (i) the then-effective prime rate of interest published under "Money Rates" by The Wall Street Journal, plus two percent per annum; or (ii) the maximum applicable lawful interest rate.
10.5. The parties agree that the transactions hereunder constitute a "forward contract" within the meaning of the United States Bankruptcy Code and that Buyer and Seller are each "forward contract merchants" within the meaning of the United States Bankruptcy Code.
10.6. The Non-Defaulting Party's remedies under this Section 10 are the sole and exclusive remedies of the Non-Defaulting Party with respect to the occurrence of any Early Termination Date. Each party reserves to itself all other rights, setoffs, counterclaims and other defenses that it is or may be entitled to arising from the Contract.
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10.7. With respect to this Section 10, if the parties have executed a separate netting agreement with close-out netting provisions, the terms and conditions therein shall prevail to the extent inconsistent herewith.
SECTION 11. FORCE MAJEURE
11.1. Except with regard to a party's obligation to make payment(s) due under Section 7, Section 10.4, and Imbalance Charges under Section 4, neither party shall be liable to the other for failure to perform a Firm obligation, to the extent such failure was caused by Force Majeure. The term "Force Majeure" as employed herein means any cause not reasonably within the control of the party claiming suspension, as further defined in Section 11.2.
11.2. Force Majeure shall include, but not be limited to, the following: (i) physical events such as acts of God, landslides, lightning, earthquakes, fires, storms or storm warnings, such as hurricanes, which result in evacuation of the affected area, floods, washouts, explosions, breakage or accident or necessity of repairs to machinery or equipment or lines of pipe; (ii) weather related events affecting an entire geographic region, such as low temperatures which cause freezing or failure of wells or lines of pipe; (iii) interruption and/or curtailment of Firm transportation and/or storage by Transporters; (iv) acts of others such as strikes, lockouts or other industrial disturbances, riots, sabotage, insurrections or wars, or acts of terror; and (v) governmental actions such as necessity for compliance with any court order, law, statute, ordinance, regulation, or policy having the effect of law promulgated by a governmental authority having jurisdiction. Seller and Buyer shall make reasonable efforts to avoid the adverse impacts of a Force Majeure and to resolve the event or occurrence once it has occurred in order to resume performance.
11.3. Neither party shall be entitled to the benefit of the provisions of Force Majeure to the extent performance is affected by any or all of the following circumstances: (i) the curtailment of interruptible or secondary Firm transportation unless primary, in-path, Firm transportation is also curtailed; (ii) the party claiming excuse failed to remedy the condition and to resume the performance of such covenants or obligations with reasonable dispatch; or (iii) economic hardship, to include, without limitation, Seller’s ability to sell Gas at a higher or more advantageous price than the Contract Price, Buyer’s ability to purchase Gas at a lower or more advantageous price than the Contract Price, or a regulatory agency disallowing, in whole or in part, the pass through of costs resulting from this Contract; (iv) the loss of Buyer’s market(s) or Buyer’s inability to use or resell Gas purchased hereunder, except, in either case, as provided in Section 11.2; or (v) the loss or failure of Seller’s gas supply or depletion of reserves, except, in either case, as provided in Section 11.2.
The party claiming Force Majeure shall not be excused from its responsibility for Imbalance Charges.
11.4. Notwithstanding anything to the contrary herein, the parties agree that the settlement of strikes, lockouts or other industrial disturbances shall be within the sole discretion of the party experiencing such disturbance.
11.5. The party whose performance is prevented by Force Majeure must provide Notice to the other party. Initial Notice may be given orally; however, written Notice with reasonably full particulars of the event or occurrence is required as soon as reasonably possible. Upon providing written Notice of Force Majeure to the other party, the affected party will be relieved of its obligation, from the onset of the Force Majeure event, to make or accept delivery of Gas, as applicable, to the extent and for the duration of Force Majeure, and neither party shall be deemed to have failed in such obligations to the other during such occurrence or event.
11.6. Notwithstanding Sections 11.2 and 11.3, the parties may agree to alternative Force Majeure provisions in a Transaction Confirmation executed in writing by both parties.
SECTION 12. TERM
This Contract may be terminated on 30 Day’s written Notice, but shall remain in effect until the expiration of the latest Delivery Period of any transaction(s). The rights of either party pursuant to Section 7.6, Section 10, Section 13, the obligations to make payment hereunder, and the obligation of either party to indemnify the other, pursuant hereto shall survive the termination of the Base Contract or any transaction.
SECTION 13. LIMITATIONS
FOR BREACH OF ANY PROVISION FOR WHICH AN EXPRESS REMEDY OR MEASURE OF DAMAGES IS PROVIDED, SUCH EXPRESS REMEDY OR MEASURE OF DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY. A PARTY’S LIABILITY
HEREUNDER SHALL BE LIMITED AS SET FORTH IN SUCH PROVISION, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. IF NO REMEDY OR MEASURE OF DAMAGES IS EXPRESSLY PROVIDED HEREIN OR IN A TRANSACTION, A PARTY’S LIABILITY SHALL BE LIMITED TO DIRECT ACTUAL DAMAGES ONLY. SUCH DIRECT ACTUAL DAMAGES SHALL BE THE SOLE AND EXCLUSIVE REMEDY, AND ALL OTHER REMEDIES OR DAMAGES AT LAW OR IN EQUITY ARE WAIVED. UNLESS
EXPRESSLY HEREIN PROVIDED, NEITHER PARTY SHALL BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, PUNITIVE,
EXEMPLARY OR INDIRECT DAMAGES, LOST PROFITS OR OTHER BUSINESS INTERRUPTION DAMAGES, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. IT IS THE INTENT OF THE PARTIES THAT THE
LIMITATIONS HEREIN IMPOSED ON REMEDIES AND THE MEASURE OF DAMAGES BE WITHOUT REGARD TO THE CAUSE OR
CAUSES RELATED THERETO, INCLUDING THE NEGLIGENCE OF ANY PARTY, WHETHER SUCH NEGLIGENCE BE SOLE, JOINT OR CONCURRENT, OR ACTIVE OR PASSIVE. TO THE EXTENT ANY DAMAGES REQUIRED TO BE PAID HEREUNDER ARE
LIQUIDATED, THE PARTIES ACKNOWLEDGE THAT THE DAMAGES ARE DIFFICULT OR IMPOSSIBLE TO DETERMINE, OR
OTHERWISE OBTAINING AN ADEQUATE REMEDY IS INCONVENIENT AND THE DAMAGES CALCULATED HEREUNDER CONSTITUTE A REASONABLE APPROXIMATION OF THE HARM OR LOSS.
Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 11 of 13 September 5, 2006
SECTION 14. MARKET DISRUPTION
If a Market Disruption Event has occurred then the parties shall negotiate in good faith to agree on a replacement price for the Floating Price (or on a method for determining a replacement price for the Floating Price) for the affected Day, and if the parties have not so agreed on or before the second Business Day following the affected Day then the replacement price for the Floating Price shall be determined within the next two following Business Days with each party obtaining, in good faith and from non-affiliated market participants in the relevant market, two quotes for prices of Gas for the affected Day of a similar quality and quantity in the geographical location closest in proximity to the Delivery Point and averaging the four quotes. If either party fails to provide two quotes then the average of the other party’s two quotes shall determine the replacement price for the Floating Price. "Floating Price" means the price or a factor of the price agreed to in the transaction as being based upon a specified index. "Market Disruption Event" means, with respect to an index specified for a transaction, any of the following events: (a) the failure of the index to announce or publish information necessary for determining the Floating Price; (b) the failure of trading to commence or the permanent discontinuation or material suspension of trading on the exchange or market acting as the index; (c) the temporary or permanent discontinuance or unavailability of the index; (d) the temporary or permanent closing of any exchange acting as the index; or (e) both parties agree that a material change in the formula for or the method of determining the Floating Price has occurred. For the purposes of the calculation of a replacement price for the Floating Price, all numbers shall be rounded to three decimal places. If the fourth decimal number is five or greater, then the third decimal number shall be increased by one and if the fourth decimal number is less than five, then the third decimal number shall remain unchanged.
SECTION 15. MISCELLANEOUS
15.1. This Contract shall be binding upon and inure to the benefit of the successors, assigns, personal representatives, and heirs of the respective parties hereto, and the covenants, conditions, rights and obligations of this Contract shall run for the full term of this Contract.
No assignment of this Contract, in whole or in part, will be made without the prior written consent of the non-assigning party (and shall not relieve the assigning party from liability hereunder), which consent will not be unreasonably withheld or delayed; provided, either party may (i) transfer, sell, pledge, encumber, or assign this Contract or the accounts, revenues, or proceeds hereof in connection with any financing or other financial arrangements, or (ii) transfer its interest to any parent or Affiliate by assignment, merger or otherwise without the prior approval of the other party. Upon any such assignment, transfer and assumption, the transferor shall remain principally liable for and shall not be relieved of or discharged from any obligations hereunder.
15.2. If any provision in this Contract is determined to be invalid, void or unenforceable by any court having jurisdiction, such determination shall not invalidate, void, or make unenforceable any other provision, agreement or covenant of this Contract.
15.3. No waiver of any breach of this Contract shall be held to be a waiver of any other or subsequent breach.
15.4. This Contract sets forth all understandings between the parties respecting each transaction subject hereto, and any prior contracts, understandings and representations, whether oral or written, relating to such transactions are merged into and superseded by this Contract and any effective transaction(s). This Contract may be amended only by a writing executed by both parties.
15.5. The interpretation and performance of this Contract shall be governed by the laws of the jurisdiction as indicated on the Base Contract, excluding, however, any conflict of laws rule which would apply the law of another jurisdiction.
15.6. This Contract and all provisions herein will be subject to all applicable and valid statutes, rules, orders and regulations of any governmental authority having jurisdiction over the parties, their facilities, or Gas supply, this Contract or transaction or any provisions thereof.
15.7. There is no third party beneficiary to this Contract.
15.8. Each party to this Contract represents and warrants that it has full and complete authority to enter into and perform this Contract.
Each person who executes this Contract on behalf of either party represents and warrants that it has full and complete authority to do so and that such party will be bound thereby.
15.9. The headings and subheadings contained in this Contract are used solely for convenience and do not constitute a part of this Contract between the parties and shall not be used to construe or interpret the provisions of this Contract.
15.10. Unless the parties have elected on the Base Contract not to make this Section 15.10 applicable to this Contract, neither party shall disclose directly or indirectly without the prior written consent of the other party the terms of any transaction to a third party (other than the employees, lenders, royalty owners, counsel, accountants and other agents of the party, or prospective purchasers of all or substantially all of a party’s assets or of any rights under this Contract, provided such persons shall have agreed to keep such terms confidential) except (i) in order to comply with any applicable law, order, regulation, or exchange rule, (ii) to the extent necessary for the enforcement of this Contract , (iii) to the extent necessary to implement any transaction, (iv) to the extent necessary to comply with a regulatory agency’s reporting requirements including but not limited to gas cost recovery proceedings; or (v) to the extent such information is delivered to such third party for the sole purpose of calculating a published index. Each party shall notify the other party of any proceeding of which it is aware which may result in disclosure of the terms of any transaction (other than as permitted hereunder) and use reasonable efforts to prevent or limit the disclosure. The existence of this Contract is not subject to this confidentiality obligation. Subject to Section 13, the parties shall be entitled to all remedies available at law or in equity to enforce, or seek relief in connection with this confidentiality obligation. The terms of any transaction hereunder shall be kept confidential by the parties hereto for one year from the expiration of the transaction.
In the event that disclosure is required by a governmental body or applicable law, the party subject to such requirement may disclose the material terms of this Contract to the extent so required, but shall promptly notify the other party, prior to disclosure, and shall cooperate (consistent with the disclosing party’s legal obligations) with the other party’s efforts to obtain protective orders or similar restraints with respect to such disclosure at the expense of the other party.
Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 12 of 13 September 5, 2006
15.11. The parties may agree to dispute resolution procedures in Special Provisions attached to the Base Contract or in a Transaction Confirmation executed in writing by both parties.
15.12. Any original executed Base Contract, Transaction Confirmation or other related document may be digitally copied, photocopied, or stored on computer tapes and disks (the “Imaged Agreement”). The Imaged Agreement, if introduced as evidence on paper, the Transaction Confirmation, if introduced as evidence in automated facsimile form, the recording, if introduced as evidence in its original form, and all computer records of the foregoing, if introduced as evidence in printed format, in any judicial, arbitration, mediation or administrative proceedings will be admissible as between the parties to the same extent and under the same conditions as other business records originated and maintained in documentary form. Neither Party shall object to the admissibility of the recording, the Transaction Confirmation, or the Imaged Agreement on the basis that such were not originated or maintained in documentary form. However, nothing herein shall be construed as a waiver of any other objection to the admissibility of such evidence.
DISCLAIMER: The purposes of this Contract are to facilitate trade, avoid misunderstandings and make more definite the terms of contracts of purchase and sale of natural gas. Further, NAESB does not mandate the use of this Contract by any party. NAESB DISCLAIMS AND EXCLUDES, AND ANY USER OF
THIS CONTRACT ACKNOWLEDGES AND AGREES TO NAESB'S DISCLAIMER OF, ANY AND ALL WARRANTIES, CONDITIONS OR
REPRESENTATIONS, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THIS CONTRACT OR ANY PART THEREOF, INCLUDING
ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS OR SUITABILITY FOR
ANY PARTICULAR PURPOSE (WHETHER OR NOT NAESB KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT
AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. EACH USER OF THIS CONTRACT ALSO AGREES THAT UNDER NO CIRCUMSTANCES WILL NAESB BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY USE OF THIS CONTRACT.
Copyright © 2006 North American Energy Standards Board, Inc. NAESB Standard 6.3.1 All Rights Reserved Page 13 of 13 September 5, 2006
TRANSACTION CONFIRMATION EXHIBIT A
FOR IMMEDIATE DELIVERY
Letterhead/Logo Date: ____________________________, _____ Transaction Confirmation #: _______________
This Transaction Confirmation is subject to the Base Contract between Seller and Buyer dated ______________________. The terms of this Transaction Confirmation are binding unless disputed in writing within 2 Business Days of receipt unless otherwise specified in the Base Contract.
SELLER:
_______________________________________________
_______________________________________________
_______________________________________________
Attn: ___________________________________________
Phone: _________________________________________
Fax: ___________________________________________
Base Contract No. ________________________________
Transporter: _____________________________________
Transporter Contract Number: _______________________
BUYER:
_______________________________________________
_______________________________________________
_______________________________________________
Attn: ___________________________________________
Phone: _________________________________________
Fax: ___________________________________________
Base Contract No. ________________________________
Transporter: _____________________________________
Transporter Contract Number: _______________________
Contract Price: $ /MMBtu or ______________________________________________________________________ Delivery Period: Begin: , ___ End: , ___
Performance Obligation and Contract Quantity: (Select One) Firm (Fixed Quantity): Firm (Variable Quantity): Interruptible:
MMBtus/day MMBtus/day Minimum Up to MMBtus/day
EFP MMBtus/day Maximum
subject to Section 4.2. at election of
Buyer or Seller
Delivery Point(s): ________________________
(If a pooling point is used, list a specific geographic and pipeline location):
Special Conditions:
Seller: __________________________________________
By: ____________________________________________
Title: ___________________________________________
Date: __________________________________________
Buyer: __________________________________________
By: ____________________________________________
Title: ___________________________________________
Date: __________________________________________