STATE OF CALIFORNIA)
( ss
COUNTY OF TULARE )
ROY R. PEDERSON, the duly qualified and acting City Clerk of the City of Porterville does hereby certify:
THAT the foregoing ordinance is a true and correct copy of Ordinance No. 901 passed and adopted by the Council of the City of Porterville at a meeting held on the 16th day of April, 1968; that by the terms and provisions of the Charter of the City of Porterville, said ordinance became effective on the 15th day of May, 1968 and said ordinance is in full force and effect.
THAT saifi ordinance was introduced by Councilman Williams and the same was duly passed and adopted by the following vote:
AYES: COUNCILMEN: Benson, Hanson, Spencer, Williams, and Martin NOES: COUNCILMEN: None
ABSENT: COUNCILMEN: None
STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2024-0019
ADOPTING A REGULATION
TO MAKE CONSERVATION A CALIFORNIA WAY OF LIFE
WHEREAS:
1. Many Californians and urban water suppliers have taken bold, creative, and sometimes-challenging steps over the years to use water more efficiently.
2. In 2018, the California State Legislature enacted Senate Bill (SB) 606 and Assembly Bill (AB) 1668 to establish guidelines for efficient urban water use and a framework for the implementation and oversight of new efficiency standards.
3. Water Code section 10609.2, added by AB 1668, directs the State Water Resources Control Board (State Water Board or Board), in coordination with the Department of Water Resources (Department), to adopt, through a regulation, standards for the efficient use of water and performance measures for commercial, industrial, and institutional water use. (Wat.
Code, § 10609.2, subd. (a).) These standards, along with other standards, such as indoor residential water use standards set by the Legislature in Water Code section 10609.4, standards for water losses set by the Board pursuant to Water Code section 10608.34, and variances, guidelines and methodologies adopted by the Board, are to be used by urban retail water suppliers to set urban water use objectives. (Wat. Code, § 10609.2, subd. (e); Wat. Code, §§ 10609.12, 10609.14, 10609.16, 10609.20.)
4. Water Code section 10609, subdivision (c) established principles to apply to the development and implementation of the long-term standards and the urban water use objective, chief among them that urban retail water suppliers shall retain the flexibility to develop their water supply portfolios, design and implement water conservation strategies, educate their customers, and enforce their rules to meet their urban water use objective.
5. As part of its process for developing recommendations, the Department led 29 public meetings, seven working group workshops, and six stakeholder discussions. The Department provided recommendations to the State Water Board in November 2022. The State Water Board relied on those recommendations in developing the attached regulation. 2 6. Prior to starting the official rulemaking process, the State Water Board conducted public engagement efforts to inform the framework for the regulation. Board staff hosted 12 public workshops covering an array of topics, including how the regulatory framework might specifically impact trees, parklands, and local wastewater management, and how it might impact water suppliers, communities, and the state. After the rulemaking began, the State Water Board held two public hearings, receiving 140 oral public comments, and staff held 21 working group meetings to better understand issues and concerns raised about the draft regulatory framework by interested parties. Staff also hosted 20 meetings with individual urban retail water suppliers serving disadvantaged communities.
Over the course of the multiple comment periods, more than 1,000 formal comment letters were received.
7. The California Water Supply Strategy, the California Water Plan, the Water Resilience Portfolio, and the Climate Adaptation Strategy recognize the importance of Making Conservation a California Way of Life in safeguarding water resources and preparing California communities for more extreme drought and precipitation conditions.
8. The standards for efficient outdoor water use are achievable now and in the future. More than 70 percent of Californians receive water from suppliers that, according to available data, are already meeting or exceeding their urban water use objectives and will through 2035, when the outdoor standards become a Landscape Efficiency Factor (LEF) of
0.63. Protecting Water Resources
9. As much as 50 percent of the water applied outdoors in the urban sector is lost due to wind, evaporation, or runoff caused by inefficient irrigation methods or systems. Climate-ready landscapes reduce dry-weather and wet-weather runoff. With deeply rooted climate-appropriate plants and soils enriched with compost and mulch, these landscapes require less irrigation and excel at slowing, spreading, and absorbing precipitation.
Limiting runoff protects our water resources from harmful pesticides, nutrients, metals and bacteria, keeping them drinkable, fishable, and swimmable.
3 Mitigating and Adapting to Climate Change
10.Conserving water can reduce energy use, which reduces greenhouse gas emissions and other co-emitted air pollutants. Energy savings come primarily from avoiding energy used for extracting, conveying, treating, distributing, and the end uses of water (especially heating), as well as the energy use for collecting, treating, and discharging or reusing wastewater.
11.As plants in urban landscapes, trees can require four to ten times less water than turf and can be irrigated much more efficiently, ensuring more of the applied water reaches and is used by the plants. Expanding the urban forest can therefore save water; it can also reduce the urban heat island effect and sequester carbon.
12.California is preparing for changing precipitation patterns, including more frequent and intense atmospheric river storms, more frequent and intense droughts, and other weather extremes. Water conservation will help California communities be more resilient to climate whiplash. In recent droughts, for example, water conservation has been shown to increase carryover storage and enhance water supply reliability.
13.Actions suppliers may take to implement the regulation could include programs to incentivize more efficiently irrigated climate-ready landscapes.
In addition to the benefits noted above, climate-appropriate plants need less water in the summer and can provide more habitat for pollinators, insects, and birds. Furthermore, cultivating climate-ready landscapes with the addition of compost and mulch can build healthier soils by using organic materials that might otherwise go to landfills.
Advancing Affordability and Equity
14.Water conservation has been shown to make water more affordable by avoiding the need for more expensive supplies. Intentional effort will be critical to ensure that low-income households can benefit from water conservation programs.
15.Studies have found less tree canopy in disadvantaged communities in California cities. Expanding the urban forest can lower water use, and water bills, as well as reduce cooling needs and costs. 4 THEREFORE BE IT RESOLVED THAT:
1. The State Water Board adopts a new article 1 in California Code of Regulations, title 23, division 3, chapter 3.5, as appended to this resolution as a regulation, and renumbers existing articles in chapter 3.5.
2. State Water Board staff shall submit the regulation to the Office of Administrative Law (OAL) for review and filing with the Secretary of State.
3. If, prior to OAL filing the regulations with the Secretary of State, State Water Board staff, the State Water Board, or OAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or the Executive Director’s designee may make such changes.
4. The State Water Board directs staff to identify frequently asked questions and broadly disseminate information regarding the regulation.
5. Directs staff to maintain momentum from the regulation’s development and to continue robust engagement with representatives of the water supplier, academic, advocacy communities, and others to promote effective implementation of the regulation, identify challenges, and use those mechanisms to provide feedback to future board informational items, including pursuant to resolved paragraph 12.
6. The State Water Board directs staff to coordinate with the Department to identify and pursue opportunities to update landscape area frequently and as soon as feasible, ensuring stakeholder engagement in the process. The Board recognizes the importance of landscape area data for this framework and the challenges involved in updating the data.
7. The State Water Board directs staff to consider affordability and equity when implementing the regulation. To this end, the Board further directs staff to, to the degree possible:
a. In coordination with the Department, prioritize technical assistance and compliance support for suppliers that are struggling to meet regulatory obligations and serving areas where the majority of customers reside in disadvantaged communities. This technical assistance may include helping water agency staff understand the 5 regulation and its requirements; providing support regarding alternative compliance; identifying possible sources of funding for the supplier’s efforts; developing or aggregating outreach and education materials; conducting analyses of the accuracy of relevant data; and evaluating whether a supplier could have qualified for any variances.
b. Engage with suppliers and other organizations to help forge partnerships dedicated to multi-benefit water conservation projects. c. Assess potential equity impacts, including the benefits, of the implementation of the regulation.
d. Develop guidance for suppliers regarding strategies to support low-income households. Such strategies may include integrating conservation and low-income rate assistance programs; partnering with community-based organizations to develop or expand programs for the direct installation of water efficient fixtures, appliances, and landscapes; and changing rate structures.
8. The State Water Board will make every effort to implement the regulation in a manner that protects water resources, mitigates and adapts to climate change impacts, and accelerates nature-based solutions. To these ends, the Board directs staff to, to the degree possible:
a. Coordinate with CalRecycle to develop guidance for suppliers regarding strategies that can be used to help Californians to conserve water while also supporting local and statewide efforts to divert organic waste from landfills, improve soil health with the addition of compost and mulch, and reduce emissions of short-lived climate pollutants.
b. Coordinate with CalFIRE to develop guidance for suppliers regarding strategies to keep existing trees healthy, identify climateready trees suitable for suppliers’ service areas, and increase the urban forest, in alignment with state goals, and coordinate with CalFIRE to provide technical assistance regarding the variance for the irrigation of existing trees.
6 c. Coordinate with the California Energy Commission to better integrate and leverage water and energy programs and initiatives, such as the Building Energy Benchmarking Program and the Residential Appliance Saturation Study.
d. Coordinate with the California Department of Fish and Wildlife to develop guidance and strategies that help Californians conserve water while also supporting urban biodiversity.
e. Coordinate with the California Air Resources Board to better document and quantify the net greenhouse gas emission reductions associated with water conservation programs and projects.
9. The State Water Board will, to the degree possible, work to streamline suppliers’ data reporting by integrating relevant data, including, but not limited to, data that have been previously reported to the state. To this end, the Board directs staff to:
a. Facilitate annual reporting by compiling and making relevant data publicly available in a machine-readable format.
b. Evaluate the sources and quality of relevant data and develop recommendations to better facilitate data streamlining by minimizing duplicative reporting and integrating data reported through other systems and to other state agencies.
c. Explore ways to develop an online reporting form that incorporates relevant data.
d. To better integrate water conservation and certain supplier operations data, include in the reporting form a field where a supplier can voluntarily provide a link to analyses the supplier conducted in the course of setting fees or charges for water service, or other pertinent information.
10.The State Water Board commits to integrating urban water conservation and the goals of this regulation into other State Water Board programs, to the degree appropriate, including:
7 a. Evaluating whether and how the Board could allocate funding to support water conservation efforts. Division of Financial Assistance staff should consider whether and how to incorporate conservation into Drinking Water and Clean Water Intended Use Plans, or the Drinking Water State Revolving Fund and Clean Water State Revolving Fund Policies, as appropriate.
11.With respect to suppliers’ possible violations of the regulation, the State Water Board values fair, consistent, progressive, and transparent enforcement. To this end, the Board directs staff to:
a. Consider the sequencing of actions outlined by the Legislature in Water Code section 10609.26.
b. Consider what conservation measures the supplier is taking and whether those measures are resulting in the expected and intended savings.
c. Consider the degree to which the supplier is using or is eligible to use the variances and provisions available, including the variance for the irrigation of existing trees.
d. Consider the degree to which the supplier is taking reasonable steps to assist and support conservation investments for disadvantaged communities and low-income households.
12.Unless and until directed otherwise, staff shall bring periodic information items to the Board describing the progress staff have made in carrying out the actions identified in this resolution and summarizing the progress suppliers have made in calculating and meeting urban water objectives and carrying out CII performance measures.
13.By December 2028, staff shall present at a Board meeting an update on progress made under the regulations and across the state, coupled with a proposed strategy, developed following public engagement, for Board consideration to prioritize compliance and enforcement actions, recognizing the efforts undertaken by that time to make conservation a California way of life.
8 14.Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Local agencies are encouraged to develop their own progressive enforcement practices to promote conservation.
CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on July 3, 2024.
AYE: Chair E. Joaquin Esquivel
Vice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
Board Member Nichole Morgan
NAY: None
ABSENT: None
ABSTAIN: None
Courtney Tyler
Clerk to the Board
Item No. 32.
CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Consideration of Continuation of the Zero-Fare Program SOURCE: Public Works
COMMENT: On June 18, 2024, the City Council approved the implementation of a 90-day Zero-Fare Program to assist with the City’s transition to in-house public transportation services. The program was subsequently extended on September 17, 2024, and again on November 19, 2024, to support ridership growth and operational stability. The current Zero-Fare Program is set to expire on June 30, 2025.
Since its implementation, the Zero-Fare Program has been successful in increasing access and ridership across Porterville Transit’s fixed-route and demand-response (Dial-A-COLT) services. From July 2024 to February 2025, fixed-route ridership increased by 74.33%, while Dial-ACOLT ridership rose by 101.15%, compared to the same period in the prior fiscal year. The program also simplified administrative functions during the City’s transition to in-house operations and provided critical access to essential services for Porterville residents.
In light of federal and state funding reductions, reinstating passenger fares is one strategy the City can implement to accommodate the planned reduction in funding.
If the City Council chooses to continue the Zero-Fare Program beyond June 30, 2025, the City’s Fiscal Year 2024–2025 allocation from the Low Carbon Transit Operations Program (LCTOP), totaling $177,690, may be used to support the continuation of fare-free service. While this funding would only cover a portion of the program’s cost, it provides a potential resource to maintain zero-fare access in the near term.
Should the City Council choose to discontinue the Zero-Fare Program, staff will continue to participate in regional transit coordination efforts in support of a long-term, unified regional fare collection system.
Additionally, staff will present an item at a future City Council meeting for consideration of fare collection equipment and mobile/digital fare payment technology.
Item No. 32.
RECOMMENDATION: That the City Council consider the future of the Zero-Fare Program and take the following actions:
1. Provide Direction on whether to continue or conclude the Zero-Fare Program beyond June 30, 2025; and
2. If the program is continued, direct staff to utilize the City’s FY 2024–2025 LCTOP allocation of $177,690 to support
the continuation of fare-free service;
or
3. If the program is discontinued, direct staff to:
a. Continue participating in regional transit coordination efforts to support the long-term goal of a unified regional fare collection system; and
b. Return at a future City Council meeting with an item for consideration regarding fare collection equipment and
mobile/digital fare payment technology.
ATTACHMENTS: 1. June 18, 2024 Staff Report
2. September 17, 2024 Staff Report
3. November 19, 2024 Staff Report
4. Porterville Transit Ridership
5. 2025 Transit Fares
Appropriated/Funded:
Review By:
Department Director:
Richard Tree, Director of Transportation
Final Approver: Jason Ridenour, Interim City Manager
Item No. 15.
CITY COUNCIL AGENDA – JUNE 18, 2024
SUBJECT: Request for Approval of a 90-Day Zero-Fare Program for Public Transportation Services Transition
SOURCE: Public Works
COMMENT: Starting July 1, 2024, the City of Porterville will assume responsibility for the administration of its public transportation services. The purpose of this staff report is to request the Council's approval for implementing a 90-day zero-fare program for fixed route and ADA paratransit services, effective from July 1, 2024, to September 29, 2024. The administration of Porterville's public transportation services is undergoing a significant change and this program is designed to assist staff during this transition period. This process involves multiple logistical, operational, and administrative changes that require focused attention and resources from staff. During this transition, it is crucial to ensure a smooth and efficient restart of services to minimize disruptions for our residents.
Implementing a 90-day zero-fare program offers several benefits during this critical transition period:
1. Operational Focus: Allowing a zero-fare period will enable staff to concentrate on operational and administrative tasks without the added complexity of fare collection and management.
2. Customer Relations: A zero-fare period can help mitigate potential service disruptions, fostering goodwill and understanding among passengers during the transition.
3. Ridership Analysis: This period will provide an opportunity to collect data on ridership patterns without fare barriers, offering valuable insights for future service planning and improvements.
4. Public Awareness: Launching a zero-fare program can serve as a public relations tool to inform residents about the changes in public transportation services and encourage usage.
5. Access to Vital Services: A zero-fare transit system improves residents' access to vital community services, including food, medical appointments, and employment opportunities, thereby enhancing the overall quality of life for our residents.
6. Cost Efficiency: Eliminating fare collection can reduce costs related to fare Item No. 15.
management, including investment in technological hardware, staffing resources, and longer dwell time.
The financial impact of the proposed 90-day zero-fare program is estimated to be $100,000, based on current fare revenue data. The loss in revenue will be supplemented by Local Transportation Funds (LTF), ensuring that the program does not negatively impact the overall budget for public transportation services.
Implementing a zero-fare program for 90 days during the transition of public transportation services administration is a strategic approach to support staff, ensure operational efficiency, and maintain positive customer relations.
Additionally, it will improve residents' access to vital community services, thereby enhancing their quality of life.
RECOMMENDATION: That the City Council:
1. Approve the 90-day zero-fare program for fixed route and ADA paratransit services, effective July 1, 2024, and ending September 29, 2024;
2. Authorize staff to make necessary adjustments and
communicate the program details to the public; and
3. Direct staff to monitor the program's impact and provide a report to the City Council upon completion of the 90-day period.
ATTACHMENTS: 1. Public Communication Plan_90-Day Zero-Fare Program
2. Ridership Data Collection Plan_90-Day Zero-Fare Program Appropriated/Funded:
Review By:
Department Director:
Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager
Item No. 14.
CITY COUNCIL AGENDA – SEPTEMBER 17, 2024
SUBJECT: Request for Authorization to Extend the Zero-Fare Program for Public Transportation Services
SOURCE: Public Works
COMMENT: On June 18, 2024, the City Council approved a 90-day zero-fare program for fixed-route and ADA paratransit services, set to conclude on September 29, 2024. This initiative was introduced as part of the City of Porterville’s transition to directly managing its public transportation services.
During the first two months of the program, ridership increased significantly.
Compared to the same period in 2023, fixed-route services saw a 46% rise in ridership in July 2024, and a 50% increase in August 2024, with a total of 57,597 riders across both months. ADA paratransit services also experienced a 31% growth in July 2024, and a 17% rise in August 2024, totaling 808 riders for both months. Additionally, staff is seeing similar positive trends for the first week of September 2024. These figures demonstrate the program’s success in promoting public transportation and improving access to essential services for the community.
As the initial zero-fare period nears its end, staff recommends extending the program for an additional 90 days, from September 30, 2024, to December 31, 2024. This extension will provide continued support for operational, logistical, and administrative adjustments as the city transitions to full oversight of transit services.
Staff is actively collaborating with the Tulare County Association of Governments (TCAG) to develop a regional fare collection system. This effort includes seeking grant funding to support the future system's implementation.
Extending the zero-fare program will allow time to complete this planning process and ensure a smooth transition to fare collection once the new system is ready.
The estimated cost of extending the zero-fare program is approximately $100,000, based on current fare revenue data. This shortfall will be covered by Local Transportation Funds (LTF), ensuring no negative impact on the overall transportation budget.
RECOMMENDATION: That the City Council:
1. Approve the extension of the Zero-Fare Program for an additional 90 days, effective September 30, 2024, and ending Item No. 14.
December 31, 2024;
2. Authorize staff to make necessary adjustments and
communicate the program extension details to the public; and
3. Direct staff to monitor the program's ongoing impact and provide an updated report to the City Council at the end of the extended period.
ATTACHMENTS: 1. June 18, 2024 Staff Report
Appropriated/Funded:
Review By:
Department Director:
Richard Tree, Director of Transportation
Final Approver: Patrice Hildreth, City Manager
Item No. 10.
CITY COUNCIL AGENDA – NOVEMBER 19, 2024
SUBJECT: Request for Authorization to Extend the Zero-Fare Program for Public Transportation Services
SOURCE: Public Works
COMMENT: The City of Porterville’s zero-fare program, initially approved on June 18, 2024, for a 90-day period and later extended on September 17, 2024, has effectively promoted ridership and increased accessibility to essential services. This program launched as part of the City's transition to direct management of its public transportation services, has been well-received, with significant increases in ridership, operational efficiency, and community engagement.
Given these positive outcomes, staff recommends extending the zerofare program until June 30, 2025, to continue supporting community access to public transportation and fostering operational benefits.
Extending the program aligns with the City’s strategic goals of maintaining essential transit services and facilitating a smooth transition to a future fare system.
Since implementation, the program has shown the following impacts:
1. Increased Ridership: The zero-fare program has contributed to significant growth in public transportation usage. From July to October 2024, fixed-route ridership increased from 77,738 to 132,501 compared to the same period in 2023, marking a 70.4% increase. Similarly, demand response ridership rose from 1,330 to 1,989 during the same timeframe, reflecting a 49.6% increase. These results indicate the program's success in attracting more riders and meeting community transportation needs.
2. Enhanced Accessibility: The zero-fare program has improved access for residents to vital services, such as employment, healthcare, and education, positively impacting community well-being.
3. Operational Focus and Transition Support: The zero-fare approach has facilitated operational adjustments without the administrative burden of fare collection, supporting a smoother transition to in-house management.
Item No. 10.
4. Public Awareness and Goodwill: The program has fostered a positive relationship with riders, encouraging public transportation use and expanding community awareness.
The increase in ridership has potential long-term financial benefits for the City. Based on the FTA’s Section 5307 apportionment formula, which allocates 50% of funding based on bus vehicle revenue miles (BVRM), the rise in ridership could contribute to a higher allocation of future federal funding. With the significant growth observed, Porterville could expect an estimated $1,124,806 increase in future FTA funding.
This additional funding would support sustainable growth in transit operations and enhance the city's ability to maintain and expand services.
The upcoming six months will allow the City to complete ongoing planning efforts with the Tulare County Association of Governments (TCAG) for a regional fare collection system, including exploring grant opportunities for a sustainable fare system. Extending the zero-fare program until June 30, 2025, aligns with these strategic goals, giving ample time to ensure a smooth transition back to a fare system while maintaining essential transportation access for Porterville residents.
Extending the zero-fare program through June 30, 2025, is estimated to cost approximately $300,000, which will be covered by Local Transportation Funds (LTF), ensuring that the program remains budgetneutral.
RECOMMENDATION: That the City Council:
1. Approve the extension of the Zero-Fare Program for
fixed-route and ADA paratransit services until June 30, 2025;
2. Authorize staff to adjust operational procedures as
needed and communicate the program’s continuation to the public; and
3. Direct staff to monitor the program's impacts and provide a final report at the end of the extension period.
ATTACHMENTS: 1. June 18, 2024 Staff Report
2. September 17, 2024 Staff Report
Appropriated/Funded:
Review By:
Department Director:
Richard Tree, Director of Transportation
Item No. 10.
Final Approver: Patrice Hildreth, City Manager
Porterville Transit
Fixed Route – System Map
Porterville Transit
Fixed Route
-
1,000
2,000
3,000
4,000
5,000
6,000
7,000
8,000
9,000
10,000
Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25
FY 2024-25 Monthly Ridership (Route Level)
Route 1 Route 2 Route 3 Route 4 Route 5 Route 6
-
100,000
200,000
300,000
400,000
500,000
600,000
700,000
Annual Ridership
7 months
TCRTA
Porterville Transit
Dial-A-Ride
0 100
200
300
400
500
600
700
800
900
Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25
FY 2024-2025 Monthly Ridership
-
2,000
4,000
6,000
8,000
10,000
12,000
14,000
16,000
Annual Ridership
7 months
Porterville Transit
Microtransit
1,600
1,650
1,700
1,750
1,800
1,850
1,900
1,950
2,000
2,050
2,100
2,150
Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Dec-24 Jan-25
FY 2024-25 Monthly Ridership
-
5,000
10,000
15,000
20,000
25,000
30,000
35,000
40,000
45,000
2019/20 2020/21 2021/22 2022/23 2023/24 2024/25
Annual Ridership
3 months
7 months
2025 Transit Fares
EFFECTIVE July 1, 2025
PORTERVILLE TRANSIT FARES
1-RIDE (NO TRANSFERS)
General $1.50
Reduced
(Senior, Disabled, Medicare Card Holder, Military, Veteran) $0.75 Youth
(age 12 and younger) FREE
TRANSIT PASSES
General Day Pass $6.00
7-Day Pass $16.00
31-Day Pass $55.00
REDUCED TRANSIT PASSES
(Senior, Disabled, Medicare Card Holder, Military, Veteran) Reduced Day Pass $3.00
Reduced 7-Day Pass $8.00
Reduced 31-Day Pass $35.00
PARATRANSIT FARES
(Dial-A-COLT)
Senior, Disabled, Medicare Card Holder $3.00
transPORT FARES
(On-Demand
General (per passenger) $5.00
Item No. 33.
CITY COUNCIL AGENDA – APRIL 1, 2025
SUBJECT: Amendment to Consultant Services Contract - Emergency Operations Center
SOURCE: Engineering and Project Management
COMMENT: At its meeting on November 5, 2024, the City Council authorized the execution of a consultant service agreement with COAR Design Group (COAR) for the design of the Emergency Operations Center & Public Safety Headquarters, which was to be located within Centennial Plaza across the street from City Hall. In an effort to best utilize available budget funds, staff reevaluated the planned projects for public safety to determine if any changes or adjustments could be made to help ensure the timely delivery of the required improvements. During that review, it was determined that adjustments could potentially be made to the planned addition to Fire Station 71 to allow for the incorporation of the components of an Emergency Operating Center (EOC). Staff met with the contracted design team for both the EOC project and the addition at Station 71, COAR, to see what was possible. The discussions also included the need to complete some improvements at Centennial Plaza, even though the EOC would be moving, as the building currently has two vacant tenant spaces that are virtually unusable for staff needs, which are the physical therapy space and the restaurant space (the restaurant space would be remodeled to provide a large meeting or conference room space and the physical therapy space would be remodeled to provide additional staff offices with a lobby).
Staff was able to negotiate an amended consultant service agreement with COAR for design of the needed improvements for Station 71, the EOC, and an add alternate cost for Centennial Plaza. The amended agreement includes the addition to Station 71 with the incorporation of the components of an EOC, modifications to the remodel of Station 71 to accommodate the addition of a drive-through engine bay. The amount of the portion of the contract for the improvements relating to Station 71 for design and construction support is $1,140,250. The amount of the add alternate for the design of the remodel of the two tenant spaces at Centennial Plaza is $55,000; the remodel of these two spaces, since it would not be at an essential services level, requires very little structural improvements to the building and the work could potentially help to provide the needed additional staff spaces for the Police Department.
Contracting with COAR for the design work at Centennial Plaza could Item No. 33.
provide an overall savings as their team is already very familiar with the building and has already completed the initial research and analysis of the structure that we would have to pay another firm to do again; the add alternate design work would not begin until the details of what was needed for each space was agreed upon. An additional $114,025 is necessary for design contingencies and staff time for management of the contract.
Funding for the Station 71/EOC portion of the amended contract is provided by a Cal OES Grant as approved in the 2024/2025 Fiscal Year Budget. Funding for the Centennial Plaza portion of the contract is available in the Measure I Fund.
RECOMMENDATION: That the City Council:
1. Authorize the Engineering & Project Management
Director to execute the Consultant Service Agreement for the design of the Station 71/Emergency Operations Center Project and the design of the remodel of Centennial Plaza with COAR Design Group in the amount of $1,140,250;
2. Authorize a design contract contingency in the amount of $114,025;
3. Provide direction to staff on whether the add alternate portion of the contract for the future design work at
Centennial Plaza should be included and, if so, authorize an appropriation of Measure I Funds in the amount of
$60,500 to cover the cost of the added work and
contingency; and
4. Authorize progress payments up to one hundred percent (100%) of the contract amount.
ATTACHMENTS: 1. Locator Map
2. Cost Proposal
Appropriated/Funded:
Review By:
Department Director:
Javier Sanchez, Engineering & Project Management Director Final Approver: Jason Ridenour, Interim City Manager
PROPOSED ADDITION
PORTERVILLE CITY HALL
ENGINEERING DIVISION
CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462
E MORTON AVE
W HARRISON AVE
E THURMAN AVE
W CLEVELAND AVE
E OLIVE AVE
N MAIN ST
N HOCKETT ST
TO STATION 71 / EOC
CENTENNIAL
PLAZA
March 11, 2025
200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 Sarah Weaver
Project Manager, Engineering Division
City of Porterville
291 N. Main Street
Porterville, CA 93257
RE: Request for Proposals Professional Architectural and Engineering Design Services for Porterville Emergency Operations Center / Fire Station 71 Dear Ms Weaver:
We are pleased to provide this proposal for the design and construction of the EOC/Fire Station 71 Project. This proposal is in response to the concept sketches prepared to date as well as our follow up discussions. Our proposal includes the following disciplines: Civil, Structural, Mechanical, Plumbing, Electrical, Fire Protection, Geotechnical Engineering, Cost Estimating services. Landscape Architecture and Hazardous Materials survey are not included at this time. The following sections include a more detailed explanation of the scope being provided. If there are scope items that are not included, or that are not necessary, we are pleased to adjust the scope to meet your needs.
The general scope of the project options is as follows:
Station 71
• Modification to prior design to incorporate a new Apparatus Bay door opening on the northwest edge of the station to provide pull through access for the Ladder Truck
• Modifications to the existing building as required to accommodate the addition of the EOC
• Modifications to the 2nd floor plan to accommodate a BC Bunk Room and adjustments to the Patio Deck
• Modifications to mechanical and electrical systems to accommodate program and code changes
EOC Addition
• Fitness Room space for the Fire Station
• Administrative Offices
• EOC Room and associated IT infrastructure
• Break Room
Porterville EOC/Fire Station 71 Proposal
March 11, 2025
200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 • Memorial for fallen firefighters
• New electrical service to support both the existing fire station and new EOC addition
• Standby generator to support both the existing fire station and new EOC addition
• Associated parking, driveways and site improvements
• Exterior Building design to be compatible with existing Fire Station 71 It is anticipated that the budget for the project may be $12.0M. A cost estimate will be provided as part of the design effort to verify the actual anticipated cost of the project once we have had time to assess all of the existing conditions impacting the improvements.
We are proposing to offer the following scope of services.
TASK 1: PROJECT INITIATION
1. Meet with City Building and Planning Department to review all requirements including design review, access compliance and approval process.
2. Review available documents, preliminary design or programming documents, and any previous studies or reports for the facility.
3. Provide a detailed design schedule indicating required milestone dates.
4. Establish communication channels with all parties involved.
5. Kick-off meeting with key project personnel and stakeholders to establish objectives, discuss budget, previously prepared design, program and design issues.
TASK 2: SCHEMATIC DESIGN PHASE
1. Perform code analysis on the area of improvements and impacts to overall building/site.
2. Develop updated Preliminary Building Floor Plans and Building Elevations for the building addition/modifications.
3. Develop design concepts for the Memorial space.
Porterville EOC/Fire Station 71 Proposal
March 11, 2025
200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920
4. Provide Geotechnical Engineering survey services in the area of the proposed building addition to include recommendations for foundation and pavement design.
5. Develop preliminary structural engineering recommendations for the design option, including recommended changes to the prior Station 71 design.
o Station evaluation for additional upgrades to meet essential services
• Develop testing plan for scanning walls, coring concrete, foundation exploration
• Site meeting with testing agency (a testing laboratory would need to do the concrete sample etc.)
• Evaluation and concept retrofit for costing
o Additional strengthening measures for EOC as Essential Service Facility for partial collapse of adjacent fire station if Fire Station upgrades are not implemented
o Foundation design due to basement
▪ Deep foundation elements or deepened footings to avoid surcharging and potential collapse of basement wall
▪ Structural slab adjacent to basement portion to avoid collapse
o Fire Station modifications for new plan including new doors, concrete wall infill
▪ Update for seismic design on wall line.
▪ Basement wall and elevated slab impacts
6. Develop preliminary mechanical and electrical engineering recommendations for the design option, including recommended changes to the prior Station 71 design.
a. Review upgrades or modifications to existing building electrical service, main electrical panel locations and coordination with PGE for probable new services.
b. Revise HVAC equipment and design to comply with current code requirements which went into effect after prior Station design was complete. The prior equipment is no longer available due to these code changes.
7. Make required submissions to City for Schematic review and approval.
Drawings required for this submittal would include:
a. Code Compliance Plans
b. Demolition Plans
Porterville EOC/Fire Station 71 Proposal
March 11, 2025
200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 c. Preliminary Grading Plan
d. Schematic Floor Plan
e. Proposed Memorial Plan (including renderings)
f. Schematic Structural, Mechanical and Electrical plans g. Basis-of-Designs for each discipline
h. Statement of Probable Construction Cost
8. Make required presentations to City to review proposed design.
9. Make required modifications to Schematic Design to obtain Schematic Design approval.
10. After obtaining written approval of Schematic Design we will proceed into Design Development.
11. For this Phase, we have included two in person and three virtual coordination meetings with selected staff and stakeholders.
TASK 3: DESIGN DEVELOPMENT PHASE
1. Continued development of Floor Plan and Site Plan.
2. Develop site design modifications for accessibility compliance required modifications.
3. Continue to develop building structural, mechanical, plumbing and electrical systems consistent with design concept.
4. Prepare and file PG&E application and show joint trench designed by PG&E for service to the building and installation (fees and costs to PG&E/ATT will be paid by City.)
5. Coordinate with Owner systems for phone/data/cable/Radio requirements.
6. Prepare preliminary Interior Elevations.
7. Prepare preliminary interior material and color boards for review and selection.
8. Work with City to develop Preliminary fixture and furniture (FFE) layouts as a test fit within the design.
Porterville EOC/Fire Station 71 Proposal
March 11, 2025
200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920
9. Prepare preliminary line-item Construction Cost Estimate based on actual building components. This estimate will be more detailed than the systems estimate prepared during schematic design but will include design and construction contingencies.
10. Meet with City Staff as required to present Design Development Plans and get comments on presented design.
11. After obtaining written approval of the information presented in the Design Development drawings, we will proceed into Construction Documents.
12. For this Phase, we have included three virtual coordination meetings with selected staff and stakeholders.
TASK 4: CONSTRUCTION DOCUMENTS PHASE
1. Prepare drawings and specifications suitable for bidding to clearly delineate the Contractor's scope of work, including required civil, architectural, structural, mechanical, plumbing, electrical and Fire Protection design. At this time no landscape scope of work is included. It is assumed for this proposal that the City will provide all required General and Supplementary Conditions and Bidding Information. Submittals will be made at 60%, 95% and final and will include plans, specifications and calculations. For this proposal it is assumed that current plan check will be continued and design will not need to be revised to meet 2025 building code.
2. Resubmit plans to City Building Department for Building permit plan check, and perform all required revisions to construction documents based on Building Department's plan check comments (Note: plan check and permit fees are not included).
3. Meet with City as required to review final design and construction documents.
TASK 5: BIDDING AND CONSTRUCTION ADMINISTRATION PHASE
1. Bidding and Construction Administration services will be provided on an Hourly, Not To Exceed basis, based on the scope identified in Exhibit B.
Services requested in excess of the not to exceed amount will be performed only after approval by the City of additional funding.
Porterville EOC/Fire Station 71 Proposal
March 11, 2025
200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 TASK 6: ALTERNATE FOR SERVICES AT THE CENTENIAL BUILDING
1. Provide tenant improvement plans and specifications for modifications to the existing (former) Physical Therapy and restaurant spaces. The restaurant area would be modified to provide a large public meeting area. The physical fitness area would be offices with a lobby for City personnel.
2. Improvement drawings will include architectural, minor structural, mechanical and electrical. Mechanical and electrical will be modifications to existing systems and not design of new systems.
3. Plans will be permitted and bid separately.
4. Construction Administration services for this scope are intended to be minor as needed to support the City.
5. Proposed improvements are still to be determined so fee for this work will be time and materials not to exceed without prior approval.
ASSUMPTIONS & ADDITIONAL SERVICES
The following items are not included in the Basic Services and will be provided as additional services only after written authorization is received. Unless a subsequent fixed fee proposal is provided, the work will be done on an hourly basis.
Additional Services not included in our basic scope of work include:
1. Survey of the sites for asbestos, lead, electrical PCB’s, and mercury.
2. Landscape Architectural design services.
3. Attendance of any public hearings and/or additional meetings other than noted.
4. Revisions to Preliminary Design or Contract Documents resulting from Owner requested changes to documents previously approved by the Owner, or due to code or zoning changes made subsequent to Owner approval, such as direction from the Building Official).
5. Services required because of significant changes in the project (not due to the design team's acts or omissions) including, but not limited to, size, quality, complexity, schedule, or the method for bidding and contracting for construction.
Porterville EOC/Fire Station 71 Proposal
March 11, 2025
200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920
6. Processing change requests for Owner requested changes, and for unforeseen site conditions, after bid, including revisions to Contract Documents, processing approval of revisions through the Building Department, and Change Order negotiation.
7. Providing services in conjunction with evaluating substitutions proposed by the Contractor, and making subsequent revisions to Contract Documents resulting from such.
8. Providing services made necessary by the default of the Contractor, by major deficiencies in the work of the Contractor, or by failure of performance of either the Owner or the Contractor under the Contract for Construction.
9. Providing services in conjunction with arbitration proceedings or legal proceedings, except where the Architect is a party to such proceedings.
10. Providing "Special Inspection" services required by law or the Contract Documents.
11. Hydraulic Pump Design for fire protection systems.
12. Services in conjunction with any required discretionary approvals.
13. Preparation of Boundary Surveys, ALTA Surveys, Title Reports, Easement adjustments, Deeds, construction staking or other documents in conjunction with the project site.
14. Commissioning Services.
15. Preparation of SWPPP studies or reports.
16. Preparation of documentation to process the project through the US Green Building Council as a LEED project.
17. Design of photo-voltaic electrical generation systems or solar hot water systems.
18. Plan check fees, permit fees, and permit processing (if paid by the consultant) will be a reimbursable expense, charged at 1.1 times the Consultant's cost.
19. All delivery, printing and reproduction costs will be a reimbursable expense, charged at 1.1 times the Consultant's cost.
Porterville EOC/Fire Station 71 Proposal
March 11, 2025
200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 We propose to provide the stated basic services for a fixed fee of One Million, One Hundred Forty Thousand Two Hundred Fifty Dollars ($1,140,250.00). The alternate for the Centennial Building is an additional fee as noted below.
Invoices will be submitted monthly for the work completed during the month, on any particular phase in accordance with City Guidelines.
The proposed breakdown for the Basic Services charges will be as follows.
Task 1: Project Initiation $ 15,000.00
Task 2: Schematic Design Phase $ 121,750.00
Task 3: Design Development Phase $ 290,000.00
Task 4: Construction Documents Phase $ 570,000.00
Task 5: Bid Support and Construction
Administration Services (Hourly NTE) $ 133,500.00
Reimbursable Expenses $ 10,000.00
TOTAL BASE SCOPE $1,140,250.00
Task 6: Alternate for Centennial Building (Hourly
Not To Exceed) $ 55,000.00
As you probably know, definition of construction cost is always an issue on projects. I have included as Exhibit 'C' a further description of responsibility with respect to the budget and construction cost for this project. The definitions listed are from the AIA Document B141, Owner/Architect Agreement. Although we will not be using the AIA document for our contract, these definitions are useful to understanding what the design team and the Owner's responsibilities are and should be a part of the final contract for the project. As part of our Schematic Design services, we will prepare preliminary estimates, and a report indicating what we expect the project cost will be to include all the requested program elements. At that time we will work with you to adjust the project scope or modify the budget to fit.
Porterville EOC/Fire Station 71 Proposal
March 11, 2025
200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 We appreciate the opportunity to present this proposal. We are available to meet with you at any time to review and discuss the proposed scope of services and fee proposal. We are excited about the opportunity to work with you on this project. If you have any questions regarding this scope of work please do not hesitate to contact me at (619) 504-0984.
Respectfully,
Jeff Katz, AIA
Principal
Porterville EOC/Fire Station 71 Proposal
March 11, 2025
200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920
EXHIBIT A
HOURLY RATE SCHEDULE
The following rates apply to work performed on an hourly basis:
COAR DESIGN GROUP - Prime Architect
Principal Architect ..............................................................................$265.00/hr.
Senior Project Manager .....................................................................$225.00/hr.
Project Architect/Manager ..............................................................$205.00/hr.
Design Manager...................................................................................$205.00/hr Job Captain.........................................................................................$165.00/hr.
Specification Writer.............................................................................$195.00/hr.
Construction Administrator ................................................................$195.00/hr.
Drafter...................................................................................................$135.00/hr.
Administrative .....................................................................................$ 105.00/hr.
MCPARLANE ENGINEERING – Mechanical/Plumbing Engineer
Principal................................................................................................$225.00/hr.
Project Manager/Engineer ................................................................$175.00/hr.
Drafter...................................................................................................$150.00/hr.
Administrative ......................................................................................$125.00/hr.
ELEN CONSULTING - Electrical Engineer
Principal................................................................................................$225.00/hr.
Project Engineer ..................................................................................$170.00/hr.
Drafter...................................................................................................$125.00/hr.
Administrative ........................................................................................$80.00/hr.
ZFA - Structural Engineer
Principal................................................................................................$225.00/hr.
Project Manager .................................................................................$175.00/hr.
Senior Drafter .......................................................................................$135.00/hr.
Administration........................................................................................$80.00/hr.
DELANE - Civil Engineer
Principal................................................................................................$225.00/hr.
Project Manager .................................................................................$215.00/hr.
Project Engineer ..................................................................................$185.00/hr.
Drafter...................................................................................................$115.00/hr.
Administration........................................................................................$95.00/hr.
Porterville EOC/Fire Station 71 Proposal
March 11, 2025
200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 JR CONKEY - Cost Estimator
Principal................................................................................................$175.00/hr.
Senior Cost Estimator ..........................................................................$150.00/hr.
Junior Cost Estimator...........................................................................$120.00/hr.
Administration........................................................................................$90.00/hr.
POCOCK - Fire Protection
Principal................................................................................................$225.00/hr.
Project Manager .................................................................................$215.00/hr.
Project Engineer ..................................................................................$185.00/hr.
Drafter...................................................................................................$115.00/hr.
Administration........................................................................................$95.00/hr.
A&F ENGINEERING GROUP, INC. - Fire Alarm
Principal................................................................................................$200.00/hr.
Project Engineer ..................................................................................$175.00/hr.
Drafter...................................................................................................$120.00/hr.
Administration........................................................................................$70.00/hr.
COAR assumes responsibility for all work performed by sub-consultants on the project and factors in required time to coordinate the sub-consultants work.
However, COAR does not markup sub-consultant work, which will be billed at the direct rate provided by the consultant.
Rates noted will remain in effect for the duration of the noted project schedule, but will increase 4% per year after December 2028 (assumed project completion October 2028).
Porterville EOC/Fire Station 71 Proposal
March 11, 2025
200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 EXHIBIT "B"
CONSTRUCTION ADMINISTRATION SERVICES
Construction contract administration services are based on a sixteen-month construction period, from Authorization to Proceed through Punchlist Inspection.
Scope Description:
A. Consultant shall:
1. Provide input for the pre-bid meeting and attend the pre-bid meeting and site visit.
2. Assist in responding to questions raised during the bidding process.
Prepare Addenda if required to address bidding questions.
3. Submit all Addenda and assist in obtaining approval from City to incorporate into the Permit Set.
4. Attend the project pre-construction meeting
5. Develop ASI and RFI responses as required to support Project Manager requests and to coordinate Contractor questions in the field a. Coordinate all ASI/RFI review by provided consultants b. Set Up and Manage an ASI/RFI/Submittal document to enable all stakeholders to verify status of submittals
6. Review Submittals as required by Contract Documents
a. Coordinate all submittal review by provided consultants b. Set Up and Manage a submittal review document to enable all stakeholders to verify status of submittals
7. Coordinate Work of provided Consultants
8. Attend Progress Construction Meetings on a weekly basis virtually (in person every 6 weeks or and as required by project needs during the course of construction) - total of 60 meetings to observe the project and prepare site visit report. Site visit shall include meeting with Contractor and City representative to review progress of construction, review pending RFI and Change Order information, and observe the construction to verify work is proceeding in accordance with construction documents.
9. Provide site visits by Architect and Engineering subconsultants as requested to perform Punchlist and Final Inspection of the project.
Porterville EOC/Fire Station 71 Proposal
March 11, 2025
200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920
10. Develop As-Built drawings to reflect final field conditions as constructed and turn over all electronic files to the City at the conclusion of construction.
B. Preparation of Documents
1. Consultant shall provide ASI’s as required to reflect changes in scope or modifications made necessary due to changed field conditions based on the direction of the Project Manager
2. Where required, the ASI’s shall include all drawings and specifications required to obtain the construction permits and approvals of the governmental authorities having jurisdiction over the Project.
C. Subconsultants
Consultant shall contract with the following consultants for Construction Administration services for the Project:
1. Electrical Engineer
2. Mechanical Engineer
3. Civil Engineer
4. Structural Engineer
5. Fire Protection / Fire Alarm Engineer
Porterville EOC/Fire Station 71 Proposal
March 11, 2025
200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 Exhibit "C"
CLARIFICATION OF RESPONSIBILITIES
The following articles are restated from AIA Document B141, Owner/Architect Agreement:
2.6.6The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work in accordance with the Contract Documents. The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work.
5.1.1The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect.
5.1.2The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction.
5.1.3Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the Owner.
5.2.1Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect.
5.2.3If the Bidding or Negotiation Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in Porterville EOC/Fire Station 71 Proposal
March 11, 2025
200 E St. Santa Rosa, CA 95404 | www.coargroup.com | 707.544.3920 the general level of prices in the construction industry between the date of submission of the Construction Documents to the Owner and the date on which proposals are sought.
5.2.4If a fixed limit of Construction Cost (adjusted as provided in Subparagraph
5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal, the Owner shall:
.1 ....................................give written approval of an increase in such fixed limit; .2 authorize re-bidding or renegotiating of the Project within a reasonable time;
.3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or
.4 cooperate in revising the Project scope and quality as required to reduce the Construction Cost.
5.2.5If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without additional charge shall modify the Contract Documents as necessary to comply with the fixed limit, if established as a condition of this Agreement. The modification of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced.
6.1The Drawings, Specifications and other documents prepared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project. The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects, for additions to this Project or for completion of this Project by others, unless the Architect is adjudged to be in default under this Agreement, except by agreement in writing and with appropriate compensation to the Architect.
9.8Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances.
9.9The Architect shall have the right to include representation of the design of the Project, including photographs of the exterior and interior, among the Architect's promotional and professional materials. The Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the promotional materials for the Project.