TEHACHAPI POLICE DEPARTMENT
COMMUNITY ROOM
220 WEST C STREET
AGENDA
TEHACHAPI CITY COUNCIL REGULAR MEETING,
TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,
TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND
TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
MONDAY, APRIL 3, 2023 - 6:00 P.M.
Persons desiring disability-related accommodations should contact the City Clerk prior to the meeting for the accommodation. A copy of any writing that is a public record relating to an open session of this meeting is available at City Hall, 115 South Robinson Street, Tehachapi, California.
Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 115 S. Robinson Street, Tehachapi, CA. Any items distributed to the City Council after posting of the Agenda Packet will be available for inspection at the Office of the City Clerk at City Hall. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at (661) 822-2200.
CALL TO ORDER
ROLL CALL
INVOCATION
Participation in the invocation is strictly voluntary. Each City Councilmember, city employee, and each person in attendance may participate or not participate as he or she chooses.
PLEDGE TO FLAG
CONSENT AGENDA/OPPORTUNITY FOR PUBLIC COMMENT
All items listed with an asterisk (*) are considered to be routine and non-controversial by city staff. Consent items will be considered first and may be approved by one motion if no member of the council or audience wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent agenda and will be considered in listed sequence with an opportunity for any member of the public to address the city council concerning the item before action is taken. Staff recommendations are shown in caps.
AUDIENCE ORAL AND WRITTEN COMMUNICATIONS
The City Council welcomes public comments on any items within the subject matter jurisdiction of the Council. We respectfully request that this public forum be utilized in a positive and constructive manner.
Persons addressing the Council should first state their name and area of residence, the matter of City business to be discussed, and the organization or persons represented, if any. To ensure accuracy in the minutes, please fill out a speaker’s card at the podium. Comments directed to an item on the agenda should be made at the time the item is called for discussion by the Mayor. Questions on non-agenda items directed to the Council or staff should be first submitted to the City Clerk in written form no later than 12:00 p.m.
TEHACHAPI CITY COUNCIL REGULAR MEETING,
TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,
TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND
TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
MONDAY, APRIL 3, 2023 - 6:00 P.M. - PG. 2
on the Monday preceding the Council meeting; otherwise response to the question may be carried over to the next City Council meeting. No action can be taken by the Council on matters not listed on the agenda except in certain specified circumstances. The Council reserves the right to limit the speaking time of individual speakers and the time allotted for public presentations.
1. Public comment
CITY CLERK REPORTS
ALL ORDINANCES SCHEDULED FOR INTRODUCTION OR ADOPTION AT THIS MEETING SHALL BE READ
BY TITLE ONLY
Tehachapi City Council Unassigned Res. No. 09-23
Tehachapi City Council Unassigned Ord. No. 23-03-775
Tehachapi Redevelopment Successor Agency Unassigned Res. No. 02-23 Tehachapi Public Financing Authority Unassigned Res. No. 01-23 * 2. Minutes for the Tehachapi City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority, and the Tehachapi City Financing Corporation regular meeting held on March 20, 2023 – APPROVE AND FILE
FINANCE DIRECTOR REPORTS
* 3. Disbursements and bills for March 15, 2023 through March 28, 2023 - AUTHORIZE PAYMENTS
4. RSI Disbursements and bills for March 15, 2023 through March 28, 2023 – AUTHORIZE PAYMENTS
PUBLIC WORKS DIRECTOR REPORTS
5. Wastewater Treatment Plant (WWTP) Secondary Clarifier Rehabilitation Project – Award Bid – AWARD
THE WASTEWATER TREATMENT PLANT (WWTP) SECONDARY CLARIFIER REHABILITATION PROJECT TO REBUILD-IT SENTRY EQUIPMENT COMPANY FOR THE BASE AMOUNT OR $113,943.00 AND AN ADDITIONAL AMOUNT OF $38,670.00 IF NEEDED TO EXTEND THE EQUIPMENT RENTAL PERIOD FOR
UP TO THREE WEEKS AND AUTHORIZE THE CITY MANGER TO APPROVE ANY NECESSARY CHANGE ORDERS UP TO A MAXIMUM OF 20% OF THE ORIGINAL CONTRACT (OR $22,788.60)
DEVELOPMENT SERVICES DIRECTOR REPORTS
6. Drainage Benefit Assessment District No. 1B (DBAD-1B) formation – ADOPT A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF TEHACHAPI, INITIATING THE PROCEEDINGS FOR THE FORMATION OF DRAINAGE BENEFIT ASSESSMENT DISTRICT NO. 1B (PARCEL MAP 11353); AND THE LEVY AND COLLECTION OF ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 2023/2024;
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEHACHAPI, DECLARING ITS INTENTION TO FORM THE TEHACHAPI DRAINAGE BENEFIT ASSESSMENT DISTRICT NO. 1B (PARCEL MAP 11353);
AND DECLARING ITS INTENTION TO CONDUCT A PROPERTY OWNER BALLOTING ON THE MATTER OF NEW ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 2023/2024
TEHACHAPI CITY COUNCIL REGULAR MEETING,
TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,
TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND
TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
MONDAY, APRIL 3, 2023 - 6:00 P.M. - PG. 3
7. Federal On-Call Engineering Services Agreement with AECOM Technical Services, Inc. – APPROVE AND
AUTHORIZE THE MAYOR TO ENTER INTO AN ON-CALL AGREEMENT WITH AECOM TECHNICAL SERVICES, INC. TO PROVIDE ENGINEERING SERVICES FOR BOTH FEDERAL AND STATE FUNDED
EFFORTS IN SUPPORT OF BUDGETED TRANSPORTATION PROJECTS
8. Adoption of staff CEQA determination for the 2023/2024 Grind and Overlay Project (E, F, and Pauley Streets) – ADOPT THE CEQA NOTICE OF EXEMPTION AND DIRECT STAFF TO FILE NOTICE OF
EXEMPTION
ASSISTANT CITY MANAGER REPORTS
9. Resolution opposing the Taxpayer Protection and Government Accountability Act – ADOPT A RESOLUTION OF THE CITY COUNCIL TO JOIN THE “NO ON INITIATIVE 21-0042A1” COALITION, A
GROWING COALITION OF PUBLIC SAFETY, EDUCATION, LABOR, LOCAL GOVERNMENT, AND
INFRASTRUCTURE GROUPS THROUGHOUT THE STATE
CITY MANAGER REPORTS
10. Report to Council regarding current activities and programs – VERBAL REPORT
COUNCILMEMBER REPORTS
On their own initiative, a Councilmember may ask a question for clarification, make a brief announcement, provide a reference to staff or other resources for factual information, take action to have staff place a matter of business on a future agenda, request staff to report back at a subsequent meeting concerning any matter, or make a brief report on his or her own activities. (Per Gov’t. Code §54954.2(a)) If an item is listed below the Council has the option to take action or refer the matter to staff for a later agenda.
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Section 54956.9
Name of Case: Tehachapi-Cummings County Water District v. City of Tehachapi, et. al.
ADJOURNMENT
MINUTES
TEHACHAPI CITY COUNCIL REGULAR MEETING,
TEHACHAPI REDEVELOPMENT SUCCESSOR AGENCY REGULAR MEETING,
TEHACHAPI PUBLIC FINANCING AUTHORITY REGULAR MEETING, AND
TEHACHAPI CITY FINANCING CORPORATION REGULAR MEETING
MONDAY, MARCH 20, 2023 – 6:00 P.M.
CLOSED SESSION - 4:00 PM AT CITY HALL ANNEX, 117 S. ROBINSON ST.
REGULAR SESSION - 6:00 PM AT TEHACHAPI COMMUNITY ROOM, 220 W. C ST.
NOTE: Wi, Sm, Sa, Da, and Po are abbreviations for Council Members Wiggins, Smith, Sackewitz, Davies, and Pogon-Cord, respectively. For example, Wi/Smdenotes Council Member Wiggins made the motion and Council Member Smith seconded it. The abbreviation Ab means absent, Abd abstained, Ns noes, and NAT no action taken.
ACTION TAKEN
CLOSED SESSION AT CITY HALL ANNEX
CALL TO ORDER
Meeting called to order by Mayor Davies at 4:00 pm
ROLL CALL
Roll call by City Attorney, Tom Schroeter
Present: Mayor Davies, Mayor Pro Tem Pogon-Cord, Councilmember Smith, Councilmember Sackewitz and Councilmember Wiggins
Absent: None
PLEDGE TO THE FLAG
1. Public comments on any matters within the subject matter jurisdiction of the Council
2. Closed Session minutes of March 6, 2023 meeting – APPROVED AND FILED Approved And Field Wi/Po Ayes All
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Paragraph (1) of subdivision (d) of Section 54956.9
Name of Case: Tehachapi-Cummings County Water District v. City of Tehachapi, et. al.
ADJOURN TO REGULAR SESSION AT 6:00 PM
CALL TO ORDER
Tehachapi City Council Regular Meeting – March 20,2023
Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN Meeting called to order by Mayor Davies at 6:04pm
ROLL CALL
Roll call by City Clerk Tori Marsh
Present: Mayor Davies, Mayor Pro Tem Pogon-Cord, Councilmember Smith, Councilmember Sackewitz, and Councilmember Wiggins
Absent: None
INVOCATION
Led by Pastor Gerald Fair, Tehachapi Calvary Chapel Church
PLEDGE TO FLAG
Led by Mayor Davies
CONSENT AGENDA Approved
Sm/Wi Ayes All
COMMUNITY ENGAGEMENT MANAGER REPORTS
1. Veterans of Foreign Wars (VFW) to present Dispatcher of the Year Award to Tehachapi Police Technician, Rae Budge
2. Recognition of Tehachapi Businesses - Kelcy’s, Sheridan’s and Shield Pacific Insurance Agency
AUDIENCE ORAL AND WRITTEN COMMUNICATIONS
3. Public comment – Letter received by Sue Page
CITY CLERK REPORTS
* 4. Minutes for the Tehachapi City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority, and the Tehachapi City Financing Corporation regular meeting held on March 6, 2023 – APPROVED AND FILED Approved And Filed
Sm/Wi Ayes All
FINANCE DIRECTOR REPORTS
* 5. Disbursements and bills for March 1, 2023 through March 14, 2023 -
AUTHORIZED PAYMENTS
Authorized Payments
Sm/Wi Ayes All
6. RSI Disbursements and bills for March 1, 2023 through March 14, 2023 –
AUTHORIZED PAYMENTS
Mayor Davies Recused Himself
Due To A Potential Conflict. He
Is An Employee Of RSI.
Authorized Payments
Sm/Sa Motion Carried
Abd Da
Tehachapi City Council Regular Meeting – March 20,2023
Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN * 7. City of Tehachapi Investment Report through February 2023 – RECEIVED REPORT
8. 2022/23 Mid-Year Budget Adjustments – APPROVED THE 2022/23 MID-YEAR
BUDGET ADJUSTMENTS AS PRESENTED
Approved The 2022/23 Mid-Year
Budget Adjustments As
Presented
Sm/Sa Ayes All
AIRPORT MANAGER REPORTS
* 9. Aeronautical Hangar Ground Lease Agreement for Hangar 56W – APPROVED THE AERONAUTICAL HANGAR GROUND LEASE AGREEMENT FOR HANGAR 56W
BETWEEN THE CITY OF TEHACHAPI AND JOHN TUMILOWICZ AND AUTHORIZED
THE MAYOR TO SIGN
Approved The Aeronautical
Hangar Ground Lease Agreement
For Hangar 56w Between The
City Of Tehachapi And John
Tumilowicz And Authorized The
Mayor To Sign
Sm/Wi Ayes All
DEVELOPMENT SERVICES DIRECTOR REPORTS
10. Lisa Wise Consulting, Inc. agreement for 2023 Housing Element Update – APPROVED THE AGREEMENT BETWEEN LISA WISE CONSULTING, INC. AND THE CITY OF TEHACHAPI FOR THE 2023 HOUSING ELEMENT UPDATE AND AUTHORIZED THE MAYOR TO SIGN; WAIVED THE CITY’S PROCEDURE OF THREE
CONTACTS
Approved The Agreement
Between Lisa Wise Consulting,
Inc. And The City Of Tehachapi
For The 2023 Housing Element
Update And Authorized The
Mayor To Sign; Waived The City’s
Procedure Of Three Contacts
Wi/Po Ayes All
* 11. AECOM Technical Services, Inc. Fourth Amendment to Engineering Services Agreement – APPROVED THE FOURTH AMENDMENT TO ENGINEERING
SERVICES AGREEMENT BETWEEN AECOM AND THE CITY OF TEHACHAPI AND
AUTHORIZED THE MAYOR TO SIGN
Approved The Fourth
Amendment To Engineering
Services Agreement Between
Aecom And The City Of
Tehachapi And Authorized The
Mayor To Sign
Sm/Wi Ayes All
CITY MANAGER REPORTS
12. Report to Council regarding current activities and programs – VERBAL REPORT
COUNCILMEMBER REPORTS
ADJOURNMENT
The City Council/Boards adjourned at 7:23 p.m. to a City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority and Tehachapi City Financing Corporation Regular Meeting to be held on Monday, April 3, 2023 at 6:00 pm.
Adjourned At 7:23 pm
Tehachapi City Council Regular Meeting – March 20,2023
Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN __________________________________
TORI MARSH, CMC
City Clerk, City of Tehachapi, California
Approved this 3rd day
Of April 2023.
___________________________
MICHAEL DAVIES
Mayor, City of Tehachapi, California
Accounts Payable
Checks by Date - Detail by Vendor Number
CITY OF
User
Printed:
afiescas
3/28/2023 4142 PM
Check No Vendor No
Invoice No
Vendor Name
Description
sTEHACHAPI
CALIFORNIA
Check Date
Reference
Check Amount
ACH 0017
6',72415
612415-A
612415-B
American Business Machines
PWCanon CopierFeb l5-A$ 14 2023
Swr/Canon Copicr,ryeb 1 5-Apr 14 ZU3
Wtr/Canoh Copier/Feb ls-Apr 14 2023
4.'76
12.4',7
12.44 Tolal for this ACH Check for Vendor 0017:
Total for Vendor 0017 (American Business Machines):
Atco Intemational
Swr/Lift Station Maintenancc
Total for this ACH Check for Vendor 0027:
Total for Vendor 0027 (Atco Intemational):
BSKAssociates
Tract 6668
Dennison Water Main R€placement
Tract 6216
Wtr/Curry Site Nitrate Sampl€s
Wtr/Drinking Water Samples
Wtr,Drinking Water Samples
Wtr/Weekly Sampl€s
Tolal for this ACH ch€ck for Vendor 0061:
Total for Vendor 0061 (BSK Associate s):
C€nrral San Joaquin Valley RMA
GG/4Q2022-23 Insuranc€ Premiurn
Strts&Rd.s/4Q2022-23 Insurance Premium
Refl4Q2022-23 Insurance Premium
Wtr/4Q2022-23 Insurance Premium
Swr/4Q2022-23 Insurance Premium
Transir/4Q2022-23 Insurance Prernium
GG/4Q2022-23 Workers Comp
Fin/4Q2022-23 Workers Comp
PW4Q2022-23 Worke.s Comp
ComnV4Q2022-23 Workers Comp
DSD/4Q2022-23 Workers Comp
IT/4Q2022-23 Workers Comp
ED/4Q2022-23 Workers Comp
Codc Enfl4Q2022-23 Worken Comp
PD/4Q2022-23 Work€rs Comp
Council/4Q2022-23 Workers Comp
29.',71
29.71 884.85
ACH
ACH
oo27
I0610498
884.85
0061
01018 r 8
0101832
l0t 819R
AGO5227
AG05502
AG06203
AG06236
ACH 0l0l
RMA2023-00245
RMA2023-00245A
RMA2023-00245B
RMA 2023-00245C
RMA2023-00245D
RMA 2023-00245E
RMA2023-00245E
RMA2023-00245F
RMA2023-00245G
RMA 2023-00245H
RMA2023-00245I
RMA 2023-00245J
RMA 2023-00245K
RMA2023-00245L
RMA2023-00245M
RMA2023-00245N
884.85
424.50
2,149.OO
r,529.00
30.00 91.00
30.00 9l.00
4,348.50
4,348.50
45,158.33
3,191.61
6,098.89
10,527.80
8,674.t'l
1,255.26
1,639.67
494.58
9,983.71
529.64
5,599.89
388.41
443.13
2,296.50
55,506.00
295.51
AP Checks by Date - Detail by Vendor Number (3D412023 4:42P:]ld) Pae€ I Check No Vendor No Vendor Name Check Drte
Reference
CheckAmount
Invoice No
RMA2023-002450
RMA2023-00245P
RMA2023-00245Q
RMA2023-00245R
RMA2023-00245S
RMA2023-002457
RMA2023-00245U
RMA2023-00245V
RMA2023-00245W
RMA2023-00245X
RMA 2023-00245Y
RMA2023-OO245Z
RMA2023-002452A
CC/4Q2022-23 Workers Comp
Treas/4Q2022-23 Workerc Comp
SFts&R&/4Q2022-23 Work€rc Comp
Ref/4Q2022-23 Workers Comp
Wr/4Q2022-23 Workers Comp
Sltrr/4Q2022-23 Workeis Comp
Transit/4Q2022-23 Workels Comp
Air/4Q2022-23 Workers Comp
LLD/4Q2022-23 Worke6 Comp
LLD/4Q2022-23 Workers Comp
LLD/4Q2022-23 Work€rc Comp
LLD/4Q2022-23 Workers C-omp
LLD/4Q2022-23 Work€n Comp
Total for tbis ACH Check for Vendor 0101:
Total for Vendor 0l0l (Cenaal San Joaquin Valley RMA):
State of Califomia Deparmlent ofJusrice
PD/f-ivescans,4eb 2023
Total for this ACH Check for Vendor 0127:
Total fot Vendor 0 I 27 (State of Califomia Deparftnent of Justice):
P&J Electric Inc.
WflSnyder Well Tag
Total for this ACH Check for Vendor 0l 82:
Total for Vendor 0182 (P&J Electric Inc.):
Mission Linen & Unifom Service
Pw/Linen Maht€nance
SWrA\'WTP Mats
PWLinen Maintenance
Swr/[rWTP Mats
Tolal for this ACH Ch€ck for V€ndor 0300:
Total for Vendor 0300 (Mission Linen & Uniform Service):
Southem Califomia Edison
PW8000691450/800 Entee.ise/Feb 2023
PW800299290?/800 Enterpris€ Shop/Jan 18-Fe
Wtr/800 I I 1965 I /Cwry Welw€b 3-Mar 5 2023
Wtr/8000488 I 89,4inon Well,/Feb 2-Mar 52023
Wtr/1299 S Curry St (Minton WellyF€b 3-Mar 5
Wtr/8004628073/129 Brentwood Dr/F€b 6-Mar,
S*t/8003M8390/755 Steuber Well/Feb 7-Mar ?
Wtr/8001340514/358 East D St./Fcb 6-Mar 6 20
Wtr/800,1425233NW ComerAnita-Dennison W
LLD/8004680470/ 1002 Appl€wood St (Pump St
srrts/8003135063/800 s curry st #A/Feb 14-Ma
PW8001026848/l0l Comm€rcirl Way/Feb l5-l
428.23
39.84 1,306.73
658.28
l7,444.61
8,658.00
170.46
3,616.15
299.44
I19.78
419.22
2,32t.45
r,0l8.l I
190,624.00
t90,624.OO
443.00
ACH 012?
15t410
ACH 0182
8l6l
443.00
355.54
ACH 0300
s18917896
518917897
518959589
518959590
355.54
202.67
32.87 202.67
32.81 471.08
ACH 03?2
03062023
03062023-A
03062023-B
03062023-C
03062023-D
03072023
03082023
03102023
03t32023
03132023-A
03162023
03172023
471.08
65.03 200.89
4,149.85
2,791.19
2,362.14
2,300.96
80.58 1,630.28
2,907.M
375.90
73.88 -2.23
AP Checks by Date - D€tail by Vendor Number (3/28/2023 4:42 PM\ Page 2 Check No Vendor No
lnvoice No
Vendor Name
Descripiion
Ch€ck Drte
Reference
CheckArnount
03172023-A
03172023-B
03172023-C
0373
TS32't2023
Ts32',12023-A
0429
TVHD320
0476
315091
315254
3\5471
GG/80033546521 15 S Robinson St/F€b l5-Mar
C'G/8003367862117 S Robinson St/Feb 15-Mat
Air/8001037981/,f09 Bryan Cy'Feb l5-Mar l6 2l
1,2\9.67
337.03
180.46
Tolal for this ACH Check for Vendor 0372:
Total for Vendor 03?2 (Southem Califorda Edison):
Thomas F. Schro€t€r Attomcy @ Law
Legal Fees Feb 27-Mar 25 2023
Pers
Total for this ACH Check fo. Vendor 0373:
Total for Vendor 0373 (Thomas F. SchroeterAttom€y @ I-aw):
The Gas Cornpany
Police Dept Acct f | 28-51G9602-6/Feb l3-Mar
City Hall #065-517-M00-7/Feb l3-Mar l5 2023
Annex #008-817-0200-5/Feb 13-Mar l5 2023
Airport #010-916-9998- 1/I€b l3-Mar l5 2023
Visitor Center # 105-616-&46-6lFeb l3-M.r l5 .
Total for lhis ACH Check for Vendor 0395:
Total for Vendor 0395 (The Gas Company):
Sparkletts
18,678.67
ACH
18,678.67
7,088.00
-486.83
6,601.17
ACH 0395
GAS03172023
GAS03172023-A
GAS03172023-8
GAS03172023-C
GAS03172023-D
6,601.t7
1,567.83
508.22
50t.24
299.59
18.95 2,895.83
ACH 0399
2,E95.t3
52.06 52.06
52.06 4365880030123 Swr/Hot/ColdWaterDisp€nser
4365880030123-A PWHot/ColdWaterDispenser
4365880030123-B Wtr/Ho/ColdWaterDisDenser
Total for this ACH Check for Vendor 0399:
Total for Vendor 0399 (Sparkl€tts):
Tehachapi Vall€y Healthcare
2022 Water Rights Purchas€/#2 & #3 Installmenr
Total for this ACH Check for Vendor 0429:
Total for Vendor 0429 (Tehachapi Valley Healthcare):
WITTS Everythiry for the Offic€
GGA{otc Pads/Pens/Copy Paper
CC/Stamp Pad
GG/Lab€ls
Total for dis ACH Check for Vendor 0476:
Total for Vendor M?6 (WITTS Every.thing for the Office):
Jim Bu*e Ford
156.18
ACH
156.18
45,500.00
45,500.00
ACH
45,500.00
101.10
4.15 23.58
129.43
129.43
ACH 0?45
AP Ch€cks by Date - D€bil by Vendor Number (3128/2023 4:42 PM) Page 3 Check No Vendor No Vendor Name Check Date CheckAmount
t519784 PWTE-31 Coil Spark Plug Injection
Total for rhis ACH Check for Vendor 0745.
Total for Vendor 0745 (Jim Burke Ford):
Kimball Midwest
PWShop Supplies
Total for this ACH Chcck for V€ndor 08 I 7:
Total for Vendor 08 I 7 (Kimball Midwest):
Kem County Public Wor*s Dept.
Transit/Totrl Opcrdtion Cost
Transit/Less Farebox Revenue
Total for this ACH Check for Vendor 0842:
Total for Vendor 0842 (Kern County Public Works Dept.):
Tehachapi Plumbing Company
PWSnake Clcan Out - Toilet Rcf'air
Total for this ACH Check for Vendor 1329:
Total for Vendor 1329 (Iehachapi Plumbing Company):
Auto Zone Inc (Store 5345)
Swr4oint Sock€t
Wtr/T-l2l ErgiDe Oil
Total for this ACH Check for Vendor 1365:
Total for Verdor I 365 (Auto Zore Inc (Store 5345)):
Kem Turf Supply Inc.
PWlrrigation Controller
Tolal for tbis ACH Check for Vendor 1413:
Total for Vendor 14l3 (Kern Turf Supply Inc.):
Grainger
Pwl,abeling
PWLabels
Total for this ACH Check for Vendor 1,{41 :
Total for Vendor 1,{41 (Grainger):
swRcB-DwocP
1,014.26
t,014.26
A
'II
1,014.26
622.58
0817
100855653
0842
Tl94l5
Tl94l5-A
622.58
ACH
ACH
622.58
11,871.E4
-279.55
tl,592.29
ACH t329
r0733
\t,592.29
434.00
434.00
ACH 1365
5345t03294
534599a323
t4l3
st2010944
t44l
8206\4543
820614543
434.00
18.76 23.t2
41.88 41.88
19,960.19
19,960.19
ACH
19,960.19
86.95 51.91
138.86
ACH t754
AP Checkr by Date - Detail by Vendor Numb€r (3DA2023 4.42PM\ Page 4 Check No Vendor No Vendor Nam€ Check Date
Reference
CheckAmount
lnvoice No
8D03142023
TC03142023
vA03142023
ACH 1982
R-00438831
R-00438831-A
R-00438831-B
R-00438831-C
R-00438831-D
R-00438831-E
R-0M38831-F
R-0M38831-G
R-00438831-H
R 00438831-I
R-00438831-J
2026
018352189
2600
t5t2t63
15 | 2163-A
ACH 2874
641174
Grad€ I Wastewatq Exam,/B Dorningu€z
Grad€ 1 Water Treatment C€rtificate R€n€rn al,lT
Gmde I Wastewater Examnr' Asuilar
Total for this ACH Check for Vendor 1754:
Total for Vendor I 754 (SWRCB-DWoCP):
SSD Systems
Ann€x Alam S€wices/Apr 2023
Public Wo*s Alarm S€rvices/Apr 2021
PW Trailer Alarrn Servic esl Apr 2023
Water Treatrnent Alarm Services/Apr 2023
WWTP Treatment Alarm Services/Apr 2023
Water Storage Alarm S€rvices/Apr 2023
WWTP Storag€ Alarm Services/Apr 2023
RR Depot Alarm Services/ Apr 2023
City Hall Alarm Sewic€VApr 2023
Airport Alarm Services/Apr 2023
Police Dspt Alam Services/Apr 2023
Total for this ACH Check for Vendor 1982:
Total for Vendor 1982 (SSD Systems):
AV Fuel Corporation
Air/ l00LL Aviation G Fuel
Total for this ACH Check for Vendor 2026:
Total for Vendor 2026 (AV Fuel CorpoErion):
Holliday Rock Co. Inc.
PWG.S Storage TanI
PWShop Upgrad€
Total for this ACH Check for Vendor 2600:
Total for Verdor 2600 (Holliday Rock Co. lnc.):
Department of Justice Accounting Office
Livescar
Total for this ACH Check for Vendor 2874:
Total for Vendor 2874 (Department of Justice Accounting Ofice):
US Bank Corporate Payment Syst€m
Monterey Plaza Hotel/SWAAAE Conferenc€
CC/IIMC Mernbership Renewal
Costco/Kitchen Supplies
Zoonlstd Pro Mo hly
Walgr€€ns/Wall Photo
Drop Box
120.00
55.00 120.00
295.00
295.00
49.00 49.66
66.E5
45.56 45.56
35.63 84.31
45.00 69.99
2l1.58
738.83
ACH
738.83
19,150.72
19,150.12
ACH
t9,150.'72
768.99
769.00
|,531 .99
|,537.99
32.O0
ACH 2940
AW-A-s820
AW-B-l105
AW-C-5578
AW-D-0394
AW-E-2040
AW-F-6165
32.00 32a.45
185.00
t95.06
t4.99
3.85 11.99
AP Checks by Date - Detail by Vendor Number (3/2812023 4:42 PM) Page 5 Check No Vendor No
Invoice No
AW-G-4983
AW-H-6035
AW-1-0219
AW-J-4105
AW-K-1963
AW-L-3786
AW-M-9629
AW-N-6776
CC-A-3147
CC-B-2703
CC-C-0234
CC-D-2755
Vendor Name
Description
SiriusXM
Microsoft
Wall Greens/Wall Photo
Adobe Acrobat
Amazon/Monitors for PW
Amazon/High Speed HDMI Cables
Costco/Coffee & Cups/Kitchen Supplies
Costco/Bottled Water
Libsyn/fehachaPod
Adobe Creative Cloud Monthly
LA Times Unlimited Digital Access/Annual
Fee Uber/Carlsbad
CC-E-2805 Uber/Carlsbad
CC-F-2755 Uber/Carlsbad
CC-G-7943
CC-H-7950
CC-1-4229
CC-J-5225
CC-K-2954
CC-L-3885
CC-M-0127
DM-A-0396
DM-B-0396
DM-C-0396
DM-D-0412
DM-E-0438
DM-F-0016
GG-A-8011
GG-B-0146
GG-C-0023
GG-0-5373
GG-E-1119
HJ-A-7860
HJ-B-6608
HJ-C-0575
HJ-D-0753
HJ-E-5167
HJ-F-4458
JR-A-4871
JR-B-2090
JR-C-2744
JS-A-0064
JS-B-7345
JS-C-9036
JS-D-0132
JS-E-6499
JS-F-7780
JS-G-1521
JS-H-1843
JS-1-1380
JS-J-0536
KK-A-3199
KK-B-2474
KK-C-6195
KK-D-0934
LA-A-0102
LA-B-9601
TN-A-9398
TN-B-9398
Fairfield Inn & Suites-Carlsbad/City Mgr Confe1
Fairfield Inn & Suites-Carlsbad/City Mgr Confe1
Uber/Carlsbad
Fairfield Inn & Suites-Carlsbad/City Mgr Confei
Wall Street Journal Smartphone
Adobe Stock Feb 15-Mar 14 2023
Mailchimp Monthly Plan
2023 ACWA Spring Conference & Expo-PW
2023 ACWA Spring Conference & Expo-Wtr
2023 ACWA Spring Conference & Expo-Swr
ACWA Conference Registration
ACWAConference Registration-DSD
SealMaster/Bike Path Seal
Round Table Pizza/Economic Dev Chamber
Village Grill/Economic Dev Meeting
Jakes Steakhouse/TVR.PD Planning Session
Fairfield Inn & Suites/City Mgr Conference - Ca
Kamenz Kafe/Coffee wffhe Mayor
Chevron Fuel/CSMFO Conference
Hyatt Regency Garage Parking/CSMFO Confere
Pilot Fuel/CSMFO Conference
Hyatt Regency-Lodging/CSMFO Conference
CSMFO BudgetAward Plate Fee
GFOA Membership Renewal
Headset Advisor/Dispatch Headsets
Amazon/Copy Paper
Adobe Monthly
Tea Donuts - StaffMeeting
Big Papas - StaffMeeting
Starbucks - StaffMeeting
ICC/202 I Intl Building Codes
CSU SAC/Federal Aid Proj Dev
CSU Sacramento/Education M Stowers
Blinds.com
Panda Express/StaffMeeting
Panda Express/StaffMeeting
Fairfield Inn & Suites/StaffMeeting
Elite 91lNehicle Decals TE-32
Kem Data Monthly Subscription
TLO Monthly Subscription
Primo Water-Sparkletts
Douglass Truck BodiesN-26 Latch
Loves V-5 Mud Flaps
PW /Rain Suits
Wtr/Rain Suits
AP Checks by Date - Detail by Vendor Number (3/28/2023 4:42 PM) Check Date
Reference
Check Amount
27.91 16.50
2.13 12.99
171.58
21.44 249.42
535.99
30.00 54.99
I 16.00
15.98 14.90
15.95 180.25
180.25
16.96 360.50
10.00 29.99
47.00 271.67
271.67
271.66
815.00
815.00
461.02
64.48 30.00
53.05 360.50
124.20
68.08 90.00
66.47 508.94
50.00 190.00
713.14
317.76
19.99 31.22
74.73 40.00
150.00
25.00 25.00
68.63 138.41
78.45 401.00
750.00
40.00 75.00
529.53
39.79 107.21
68.57 12.63
Check No Vendor No
Invoice No
TN-C-9398
TN-D-2457
TN-E-0018
TN-F-4981
TN-G-8333
TN-H-5868
TN-1-2262
TN-J-1256
TN-K-9821
TN-L-0047
TN-M-0833
TN-N-1618
TN-0-1618
TN-P-1300
TN-Q-7582
TN-R-6513
TN-S-9447
ACH 2963
19611202
19611570
ACH 3011
9928961345
9930099127
9930441642
9930441642-A
9930441642-B
9930441642-C
9930441642-D
ACH 3066
2000727743
2000727743-A
2000727743-B
2000727743-C
2000729389
2000729389-A
Vendor Name
Description
Swr/Rain Suits
Amazon/Monitor Stand
Tea Donuts/Staff Meeting
Amazon/Neck Gaiters
Amazon/Trimmer Head Cover
Amazon/Eyewash Solution
Amazon/Bum Gel
Sprinkler Warehouse/Irrigation Supply West H S
DERO Bike Rack at Visitor Center
SealMaster/Seal for Bike Path
Sprinkler Warehouse/Irrigation Box Cover
Big Frog Supply/Irrigation Supplies
Big Frog Supply/Irrigation Supplies
Amazon/Impact Wrench Tool
Parchment.com/Transcripts,
Lamps Plus/Lights Railroad Park
Amazon/Car Wash Wax
Check Date
Reference
Total for this ACH Check for Vendor 2940:
Total for Vendor 2940 (US Bank Corporate Payment System):
AT&T
PD/Phone Lines #9391040069/Feb 6-Mar 5 202:
PD/Long Distance #9391009314/Feb 6-Mar 5 2(
Total for this ACH Check for Vendor 2963:
Total for Vendor 2963 (AT&T):
Verizon Wireless
PD/Mobile Computers #242395501/Feb 2-Mar I
Fin/Mobile Broadband #872239130/Feb 14-Mar
GO/Mobile Broadband #772237654/Feb 19-Mar
PW/Mobile Broadband #772237654/Feb 19-Mat
PD/Mobile Broadband #772237654/Feb 19-Mar
ED/Mobile Broadband #772237654/Feb 19-Mar
Swr/Mobile Broadband #772237654/Feb 19-Mai
Total for this ACH Check for Vendor 3011:
Total for Vendor 3011 (Verizon Wireless):
AECOM Technical Services Inc.
Brentwood Ped Facilities
Transit Center Sidewalk
Tehachapi Blvd Bike Lane Fence
Grind & Overlay
DSD/General Services
Swr/General Services
Total for this ACH Check for Vendor 3066:
Total for Vendor 3066 (AECOM Technical Services Inc.):
AP Checks by Date - Detail by Vendor Number (3/28/2023 4:42 PM) Check Amount
9.02 57.87
3 l.22
18.21 -108.28
7.56 12.82
66.10 379.58
734.94
33.27 195.90
91.59 355.42
6.40 305.26
62.10 13,326.85
13,326.85
436.20
27.17 463.37
463.37
920.45
38.01 151.04
612.16
78.02 38.01
15.68 1,853.37
1,853.37
1,110.00
1,710.00
330.00
1,605.00
683.25
3,871.75
9,310.00
9,310.00
Check No Vendor No Vendor Name
Invoice No Description
Check Date
Reference
CheckAmount
ACH 3173
1492
l5l I
ACH
ACH 3504
25439
S. G. Soto Tires Service
PWTE-29 Tire ChangdBalance
PWTE-24 Tir€ Patch
Total for this ACH Check for V€ndor 3 I 73 :
Total for Vendor 3173 (S. c. Soto Tires Service):
Fresno Rack & Shelving Inc.
PWShelving
Total for this ACH Check for Vendor 3504:
Total for Vendor 3504 (Fresno Rack & Shelving Inc.):
Granite Construction Company
Wtr,{flater Service Patching
Total for this ACH Check for Vendor 3550:
Total for Vendor 3550 (Granite Construction Company):
Bob Murray & Associates
PD/Recruitrnent for Oflicer Position
Total for this ACH Check for Vendor 36?7:
Total for Vendor 3677 (Bob Murray & Associates):
Vortex Industries Inc.
Swr/Gate Repair
Wtr/Gate Repair
PWGat€ Repair
Total for tbis ACH Check for Vendor 3680:
Total for Vendor 3680 (Vortex Industries Inc.):
Customized Custodial Services
visitor Center Janitorial Ssrvices/Apr 2023
Public Works Janitorial Sewices/Apr 2023
Water Dept Janitorial Services/Apr 2023
Sewer Facility Janitorial Services/Apr 2023
S€w€t Bathoom Janitorial ServicevApr 2023
Airport Janitorial Sewices/Av 2023
RR D€pot Jadtorial S€rvices/Apr 2023
S€nior Center Janitorial Services/Apr 2023
City Hall Janitonal Servic€s/Apr 2023
Annex Janitorial Services/Apr 2023
Police Station Janitorial ServiceVApr 2023
Bus Station Janitorial SewiceyApi 2023
75.00 25.00
t00.00
100.00
4,602.46
4,602.46
3550
2433751
4,602.46
|,254.54
|,254.54
ACH 3671
r 0011
t,254.54
5,999.00
5,999.00
ACH 3680
42-1662384
42-1662384-A
42-1662384-9
s,999.00
283.43
283.43
283.44
850.30
ACH 3708
COTM23
coTM23-A
coTM23-B
coT0423-C
coTM23-D
cor0423-E
coT0423-F
coTM23-G
coT0423 H
coTu23-l
coTu23-t
coT0423-K
850.30
105.00
262.OO
305.50
305.50
150.00
323.00
220.O0
519.00
1,026.00
622.O0
2,248.00
160.00
6,246.00
AP Check by Date - Detail by Vendor Number (3128/2023 4:42 PM) Total for this ACH ch€ck for v€dor 3708:
Check No Vendor No
Invoice No
ACH 3726
97540
ACH 3807
ACH
33023
33037
3848
4447-166306
4447-166328
4447-166349
4447-166372
4447-166439
4447-166525
4447-166639
4447-166661
444 7 -166802
444 7 -166803
4447-166863
4447-167495
4447-167496
4447-167497
4447-167498
4447-167499
4447-167500
4447-167501
4447-167509
4447-167510
4447-167549
4447-167670
4447-167944
4447-168055
4447-168148
4447-168651
4447-169058
4447-169129
4447-169157
4447-170243
444 7 -170248
4447-170251
4447-170329
4447-170330
4447-170331
4447-170333
4447-170336
4447-170338
Vendor Name
Description
Check Date
Reference
Total for Vendor 3708 (Customized Custodial Services):
Open & Shut Enterprises
Air/Gate Repair· J St.
Total for this ACH Check for Vendor 3726:
Total for Vendor 3726 (Open & Shut Enterprises):
Diamond Technologies
IT/Wireless Access Point
IT/Annex Pin Pad
Total for this ACH Check for Vendor 3807:
Total for Vendor 3807 (Diamond Technologies):
O'Reilly Automotive Inc
PW/TE-34 Transmission Fluid
WtrN-26 Climate Control
PW/TE-31 Axle Nut
PW/E-206 Hom
Wtr/E-206 Air Filter/Weather Strip
PWN-5 Flex Claw
Wtr/E-206 Air Filter
WtrNehicle Cleaning Supplies
PW /TE-12 Oil & Air Filters/Oil Drain
Plug PW/TE-31 Filters/Oil Drain Plug
PW/TE-31 V Belt/Filters
PW/TE-32 Filters/Oil Drain Plug
SwrN · 7 Oil & Air Filters
SwrN-23 Oil & Air Filters
PWN-25 Oil Filters
PW/TE-36 Oil Filter
PW/TE-35 Oil Filter
PWrrE-33 Air Filter
PW/TE-32 Oil Filter
PW/TE-31 Sensor
WtrN-26 Expa Valve
PW/TE-33 Oil
Wtr/E-206 Weather Proof
WtrN-26 Anti Freeze/Transmission Fluid
PW/TE-36 Air Cleaner
PW/TE-31 02 Sensor
Swr/E-218 Gear Puller
Swr/E-218 Gear Puller-RETURN
Swr/E-202 Filters
PWN-47 Battery
Swr/E-218 Anti Freeze
PWN-5 Window Regulator
PWN-22 Filters
PWN-30 Filters
GGN-50 Filters
PW /TE-19 Filters/Wiper Blades
PW/TE-27 Filters/Wiper Blades
PW/TE-28 Filters/Wiper Blades
AP Checks by Date • Detail by Vendor Number (3/28/2023 4:42 PM) Check Amount
6,246.00
2,650.00
2,650.00
2,650.00
1,225.70
457.74
1,683.44
1,683.44
111.45
65.55 14.03
37.02 37.28
13.93 -23.35
144.10
38.28 36.03
61.38 44.51
37.02 36.86
36.86 9.43
9.43 27.60
3.57 147.51
28.40 52.49
24.66 128.65
68.28 36.68
96.51 -96.51
78.96 189.59
135.07
56.66 55.62
55.62 74.94
122.51
131.95
124.37
Check No Vendor No
Invoice No
Vendor Name Ch€ck Drte
Reference
CheckAmount
4441-t70340
4447-170348
4447-170349
4447 -1707 t'l
4447-170791
4447-t70874
PWTE-29 Filters
PW,/TE-34 Filters/Wiper Blad€s
PWTE-38 Filt€rs/Wiper Blades
Pw,ry-4o Biakes
Swr/E-2 I 8 AntiFreez
S$'rlE-2 I 8 Sweeping Compound
Total for this ACH Check for Vendor 3848:
Total for Vendor 3848 (O'Reilly Automotive Inc):
Central Valley Occupational Med Grp
Pw,lPrc-Placement Physical ExamTotal for this ACH Check for Vendor 3855:
Total for Vendor 3855 (Central Valley Occupatiooal Med crp):
Michael K Nunley & Assoc Inc
Sage Ranch
Wtr/Pressure Zone Study
Sage Ranch
Toral for this ACH Check for Vendor 3969:
Total for Vendor 3969 (Michael K Nunley & Assoc Inc):
Babcock Laboratories, lnc.
WWTP Weekly SamplesAan 4-Feb 8 2023
Total for this ACH Check for Vendor 4011:
Total for Vendor 4011 (Babcock Labordtories, Inc.):
Waxie Sanitary Supply
PDdanitorial Supplies
Total for this ACH Ch€ck for Vendor 4036:
Total for Verdor 4036 (Waxie Sanitary Supply):
American Safety Services Inc
S{t/Safety Gloves
PWSaGty Consulting,4nspection & Reporting
PD/Safety Consulting/lnspectioh & Repofi ing
Cc/Safety Consulting^nspection & Rgporting
DSD/Safety Consulring/lnspecrion & Reponing
Wtr/Safety Consultingnnspection & Reporting
Swr/Safety Consulting[nspection & Reporring
Airlsaf€ty Consultingflnspection & Reportirg
PWAED Inspection Fee
PD/AED Inspection Fee
GC/AED Insp€ction Fee
DSD/AED Inspection Fee
40.23 124.54
t14.52
289.88
90.05 36.44
2,952.60
3855
00539932-00
2,952.60
203.00
ACH
ACH
203.00
ACH 3969
t02194
102195
102195-A
203.00
499.55
306.42
306.43
I,l12.40
ACH 401 I
cc3l4l0-8827
l,l t2.40
t,829.71
r,829.71
|,829.',71
250.89
4036
81571227
ACH 4065
310468 S
310870 s
310870 S-A
3108?0 s-B
310870 S-C
310870 s-D
310870 s-E
3108?0 s-F
3108?1 S
310871 s-A
3108?l s-B
3108?l s-c
250.89
155.51
2n.34
98.63 98.63
98.63 49.32
49.32 98.63
15.00 15.00
15.00 15.00
AP Ch€cks by Dat€ - D€tail by Vendor Number (312a/2023 4.42 PM) Page I0 Check No Vendor No
lnvoice No
Vendor Name
Description
Check Drte
RefereDce
CheckAmount
3108?l s-D
3108?l s-E
310872 S
310872 S-A
3r08?2 S-B
310872 S-C
310872 S-E
310872 S-F
310873 S
310874 S
310874 S-A
310874 S-B
3108?4 S-C
3108?4 S-D
3108?4 S-E
310E74 S-F
310875 S
310875 S-A
310875 S-B
310875 S-C
310875 S-D
310875 S-E
310876 S
310876 S-A
310876 S-B
310876 S-C
310876 S-D
3108?6 S-E
ACH 4083
JT03132023
WdAED Inspection Fee
Swr/AED lnspection Fee
PWFirst Aid Kii Inspection & Supplies
PD/First Aid Kit Insp€ction & Suppli€s
GG,6iIst Aid Kit Insp€ction & Supplies
DSD/First Aid Kit Inspection & Supplies
Wr/First Aid Kit Inspeciion & Supplies
Swr/FiNt Aid Kit tnspection & Supplies
Swr/Oxyg€n S€nsor
Pwsafety Consulting,{nspection & Reporting
PD/Safety Consulting/Inspection & Reporting
Gc/Safety Consulting,4nspection & Reporting
DSD/Safety Consulting/Insp€ction & Reporting
Wtr/Safefy Consulting/Insp€ction & Reporting
Swr/Safety Consulting,{nspection & Reporting
Air/Saf€ty Consultingnnspection & Rcporting
PWAED Inspcctiod Fee
PD/AED lbspection Fee
GG/AED Inspection Fee
DSD/AED ldspection F€€
Wtr/AED Inspectiol Fee
Swr/AED Inspection Fee
PWFirst Aid Kit Inspections & Supplics
PD/First Aid Kit Inspections & Supplies
GG/First Aid Kit Inspections & Supplies
DSD/Fi6t Aid Kit Inspections & Suppli€s
Wtr/Fi$t Aid Kit InspectioN & Suppli€s
Swr/Fi6t Aid Kit Inspections & Supplies
Total for this ACH Check for V€ndoi 4065:
Total for Vendor 4065 (American Safety Services Inc):
Tehachapi Optometric Cent€r
Pwsafety Classes
Total for this ACH check for Vendor 4083:
Total for Verdor 4083 (Tehachapi Optometric Center):
Ray Morgan Company
GG/Ricoh Copier/Apr 4-Jul 3 2023
Total for this ACH Check for Vendor 4096:
Total for Vendoi 4096 (Ray Morgan Company):
Kem County Public Works
PW,/Disposal
Wtr^)isposal
Cal Trans/Disposal
Total for lhis ACH Check fot Vondor 4 I 38:
Total for Vendor 4138 (Kem County Public Wo*s):
7.50 7.50
48.37 t9.36
19.36 19.36
19.36 61.74
211.34
98.63 98.63
98.63 49.32
49.32 98.63
15.00 15.00
15.00 15.00
'7.50
1.50 34.47
r3.80
13.80 13.80
13.80 48.2E
2,363.77
2,363.77
602.00
ACH 4096
403?025 105.02
105.02
ACH 4138
3298'l
32981-A
32987-B
105.02
86.06 194.40
4.74 285.20
285.20
AP Checks by Date - D€tail by Vendor Number (312812023 4:42 PM) Page I I CheckNo Vendor No Vendor NNme Check D.te
Refercnce
CheckAmount
InvoiceNo Descdption
ACH 4157
s373617
s373818
s38401I
s384112
s389377
s436896
s4?816?
s478376
s4?8669
Core & Main LP
Wtr/Supplies for L€k R€pairs
Wtr/Water t €al Supplies
Wh/Leak Repair
Wtr/Supplies for L€ak Repairs
S\'tPord 13 Rcpairs
Wtr/Cu6 Wrsnch
Swr/Pond 13
Swr/Pord l3
Swr/Pipes for Pond l3
Total for this ACH Cb€ct for Vendor 4 I 57:
Total for Vendor 4157 (Core & Main LP):
4 Creeks
Dennison Bike Ped lmprove
Vall€y Park
Vallcy Park
Valley Resurfacing Beech-Curry
Total for this ACH Check for Vendor 4168:
Total for Vendor 4168 (4 Crceks):
Wasie Management (ACH)
Gc/Document Shreddidg Find BilV#19-62748-(
Tolal for this ACH Check for Vendor 4230:
Totat for Vendor 4230 (Waste Management (ACH)):
Triad Investigative Services
PD/Background/
PD,tsackgroun
Total for this ACH Check for Vendor 4265:
Total for Vendor 4265 (Triad Investigative Services):
City of Fresno
PD/PSP Training/Archuleta
PD/PSP Training/Page
PD/PSP Training/Adams
PD/PSP Trai ng/Orozco
PD/PSP Training/Smidr
PD/PSP TrainingMccombs
Total for this ACH Check for Vendor 4269:
Total for Vendor 4269 (City of Frcsno):
Wex BaDk
2t79.02
653.02
329.42
tAa6.2l
4,298.57
100.?6
2,93234
1,056.40
590.09
13,925.87
ACH 4168
21239-21110
22t6:27711
2216G27499
22397-27666
13,925.81
t2,126.93
13,063.38
l1,370.53
2,95t.90
40,1t2.74
ACH
ACH
ACH
40,112.74
15.45 4230
0197615-4808-0
4265
23-0011
23-0013
15.45 15.45
2,062.50
|,762.50
3,825.00
4269
20002D52
20002053
20002067
20002058
20002075
20002076
3,825.00
593.00
593.00
593.00
593.00
593.00
593.00
3,55E.00
3,55E.00
ACH 4315
AP Checks by Date - D€tail by VsDdor Number (3/2MO23 4:42PM) Page 12 Check No Vendor No Vendor Name Check D4te Ch€ckAmo|rnt
PDFu€l for Patrol Vehicles
Total for this ACH Check for Vendor 43 I 5:
Total for Vendor 4315 (Wex Bank):
Amy Smith
Double Tree-Buena Park/Peer Support CouIse/L,
Total for lhis ACH Check for V€ndor 4333:
Total for Veodor 4333 (Amy Smith):
Canon Financial Services Inc
GG/Canon Copi€r/Feb 2023
DSD/Canon Copier/Feb 2023
PD/Canon Copier/Feb 2023
Tolal for this AcH Check for Vendor 4353:
Total foi Vendor 4353 (Canon Financial Services Inc):
Global Environmental Prcducts
SwrE-2l8 Flaps
Total for this ACH Check for Vendor 4363:
Total for Vendor 4363 (clobal Environmental Products):
Industrial Shoeworks
Pwsafety BootV
Tolal for this ACH Check fot Vendor 4504:
Total for Vendor 4504 (lndustrial Shoewo*s):
Lacal Equipment lnc.
Pw,V49 Shoe Assembly
PW,Ar'-47 Sho€ Assembly
Total for this ACH Check for Vendor 4579:
Total for Vendor 4579 (Lacal Equipment Inc.):
Royal Industrial Solutions
Air/Lights for Fu€l Station
Total for lhis ACH Check for Vendor 4586:
Total for Vendor 4586 (Royal lndustrial Solutions):
Geoff Kallenberger
78.31 ACH 4333
AS03212023
78.31 274.08
274.O4
ACH
ACH
274.08
269.08
248.23
269.77
4353
30187251
30187251-A
3018?251-B
787.08
787.08
368.11
ACH 4363
6',7 5713
ACH 4504
100-1362176
4579
0382887-rN
0382936-IN
368.71
368.71
243.55
243.55
ACH
243.55
426.12
1,076.06
1,502.18
4586
0332-1063642
1,502.18
9l.42
91.42 9t.42
ACH 4596
AP Checks by Date - Del.ail by Vendor Nunber {3128/202i 4:42 PM) Page 13 Check No Vendor No Vendor Nam€ Check Date
Referenc€
CheckAmount
Invoice No
GK03202023 9 Acrc Water Rights Lease Agreemeny'Kallenber 2,250.O0 Pw,&{ulch Delivery
Total for thisACH Check for Vendor 4596:
Total for Vendor 4596 (Geoff Kallenberger):
Total for this ACH Check for Vendor 4608:
Total for Vendor 4608 (Triple EEE):
Total for lhis ACH Check for Vendor 4614:
Total for Vendor 4614 (4leafInc.):
2,250.00
ACH 4608
4564E
2,250.00
793.80
793.80
12,187.85
ACH 4619
46/'l8
4leaf Inc.
Plan Check Services
Rincon Consultants, Inc.
DSD/Professional Services
ACH
ACH
46t4
J0763-238
4620
0053860
I2,187.85
12,187.85
1,333.25
Total for this ACH Check for Vendor 46 I 9:
Total for Vendor 4619 (Rincon Consultants, Inc.):
TJKM
Fee Study Update
Total for this ACH Check for Vendor 4620:
Iotal for Vendor 4620 (TJKM):
Joanne Nicks
Retund App# AD&SPR 2o23-MlPlanning Fees
Retund App# AD&SPR 2023-04/Long Rang€ Fr
Retund App# AD&SPR 2023-04/T€chnology Fe.
Tolal for this ACH Check for Vendor 4624:
Total for Vendor 4624 (Joanne Nicks):
Ten-West Towing, lnc.
PDrunil TE 35 Towed
1,333.25
ACH
1,333.25
2,960.00
2,960.O0
4624
JN3212023
JN3212023-A
JN3212023-B
2,960.00
392.00
29.40 23.52
444.92
ACH 4641
2023-24438
444.92
299.60
Total for this ACH Check for Vendor 4641:
Total forVendor 4641 (Ten-West Towing,Inc.):
ACH 4642 Charter Communications
167725001030723 PDlcable ll67'l25mlMar 9-A!tr'l 2023
299.60
299.60
I t 8.41
AP Ch€cks by Date - Detail by Vendor Nurnbcr (3128/2023 4:42 Pl,.f) Page 14 Check No Vendor No
Invoice No
Vendor Name
Description
Check D.te
Reference
CheckAmount
167752501032123 Gcnntemet Svc #16?7525O1/Mar 2l-ADt 20 20 Total for this ACH Chcck for vendor 4642:
Total for Vendor 4642 (Charter Communications):
Brightview Landscape Services Inc.
LlD/Landscaping Orchard Glen
177.25
ACH
295.66
2,558.40
4645
a2t6120
ACH 4660
2303-169926
ACIj 4679
746
4680
w23204-02
Total for this ACH Check for Vendor 4645:
Total for Vendor 4645 (BrightVew Landscape Services Inc.):
Karls Hardware
PWGTaY€I for Fuel Station
Total for lhis AcH check for vcndor 4660:
Total for Vendor 4660 (Karls Hardware):
Tehachapi Sign Co/Rocket Media
Wtr/Property for Sale Sign
Total for this ACH Check for Vendor 4679:
Total for Vendor 4679 (Tehachapi Sign Co/Rocket Media):
Califomia Compaction Corporation
Dennison Watennain Replacement
Total for this ACH Check for Vendor 4680:
Total for Vedor 4680 (Califomia Compaction Corpomtion):
DirectEdge Inc.
Wtr/Air-Tow Model T-12-10 Trailer
PWAir-Tow Model T-12-10 Trailer
Swr/Air-Tow Model T-12-10 Trailer
Total for this ACH Ch€ck for V€trdor 4682:
Total for Vendor 4682 (DirectFdge lnc.):
Heritage Window Coverings Inc.
PWShade
Total for this ACH Check for Vendor 4683:
Total for Vendor 4683 (Heritage Window Coverings Inc.):
2,558.40
2,558.40
73.99 '73.99
71.99 2,7aO.OO
2,7E0.00
ACH
2,780.00
244,528.t7
244,528.t7
ACH 4682
AAAQ260?2-A
AAAQ26072-B
AAAQ26072-C
244,528.17
6,645.38
6,645.38
6,645.39
t9,916. t5
ACH 4683
n26029
19,936.15
675.00
AP Checks by Date - Detail by Vendor Numb€r (3D4D023 4:42 Plr.f) Page 15 ChcckNo VendorNo Vctrdor NrDc
Involc€No Dcrcn'ption
Check Ilrte
Rcfcretrce
ChcckABo|lnt
Report Total (72 chccks): 710,619.66
AP Check by Date - Detail by V€ndo! Nt@ber (3 n8/2021 4.42PIi'd) Page 16 Accounts Payable
Checks by Date - Detail byVendorNumber
aftescas
3DB[2O23 4:40PM
C ITY O F
User:
Printcd:
CheckNo VcndorNo V€ndor Name
TEHACHAPI
CALIFORNIA
Check D|tc
R€f€rcnce
CheckAmount
Involce No
ACH 0362
0384984
03rs335
RSI Petol€um Products
Pwrud€adld Gosolina/Dics€l Flcl
Pwrunkaded casolirc/Dies€l Fuel
3J49.50
5,379.31
Total for rhii ACH Ch6ck for Vendor 0362:
Total for Vendor 0362 (RSI Petroleum Prcducts):
Report Total (l checks):
8,82t.E1
8,t2t.&
AP Checls by Date - Dcbil by Veddor Nutnber (3/28 DO23 4:4OPMI Pagc I
CITY OF
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: APRIL 3,2023 AGENDA SECTION: PUBLIC WORKS
APPROVED
DEPARTMENT
CITY
TO HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: DON MARSH, PUBLIC WORKS DIRECTOR
DATE: MARCH 27,2023
SUBJECT: WWTP SECONDARY CLARIFIER REHAB PROJECT - AWARD BID BACKGROUND:
The Wastewater Treatment Plant has one Secondary Clarifier which is an integral component that serves as the final piece of the treatment process to ensure compliance with the water quality standards set by the State Water Resources Control Board which are spelled out in the Waste Discharge Requirements (WDR). This clarifier has been in operation since the early 1990s and is due for a major overhaul and a full rebuild of the drive unit.
Drive gearboxes and bearings are designed to operate continuously for approximately 30 years, assuming proper lubrication and regular maintenance. Ratherthan waitforfailure, staffhas solicited bidsforthis project to rebuild or fully replace the clarifier drive unit, conduct a full inspection of the clarifier, and make any repairs as needed. A temporary mobile thickener unit will be used to allow the clarifier to be taken completely offline. ln January 2022, advertising began for the project. All bids were due on February 23, 2023. The results of the bid opening are listed in the table below:
Contractor Name Bid Amount
Rebuild-lt Sentry Equipment Company s113,943.00
Coombs Service Group S3ts,ooo.oo
WestTech No bid was provided. Explanation below.
WesTech Reasoning for not bidding on the project
"After reviewing the total scope, this will require labor and coordination outside of what WesTech can offer, therefore we will decline to bid"
RESPONSIVENESS REVIEW:
ln compliance with the Public Contract Code, City staff undertook a review of the bids received to confirm that the apparent low bidder provided a responsive bid. The bid provided by Rebuild-lt Sentry Equipment Company has been deemed to be responsive.
FISCAT IMPACT:
This project was included in the budget for FY 2U22, which was approved on June 5, 2022 and was included in the mid-year budget approved on March 20,2023.
RECOMMENDATION:
AWARD THE WWTP SECONDARY CIARIFIER REHAB PROJECT TO REBUILD.IT SENTRY EQUIPMENT COMPANY FOR THE BASE AMOUNT OF 5113,943.00 AND AN ADDITIONAL AMOUNT OF $38,670 tF NEEDED TO EXTEND THE EqUIPMENT RENTAL PERIOD FOR UP TO THREE WEEKS AND AUTHORIZE THE CIW MANAGER TO APPROVE ANY NECESSARY CHANGE ORDERS UP TO A MAXTMUM OF ze6OF THE ORtGtNAt CONTRACT (OR $22,788.601.
CITY OF
TE HACHAPI
CALIFORNIA
CITY OF TEHACHAPI
PUBLIC WORKS DEPARTMENT
Request for Pro posals:
Secondarv Clarifier Rehab Proiect
Date lssued: January 9,2023
Proposals to be submitted to:
City of Tehachapi
Don Marsh - Public Works Director
115 S. Robinson St.
Tehachapi, CA 93561
Proposal Deadline: Febru ary 23, 2023, at 4:30pm
CITY OF
TEHACHAPI
City of Tehachapi
Secondary Clarifier Rehab
Scope of Work
PUBLIC NOTICE
The City of Tehachapi is seeking proposals from experienced and qualified contractors to conduct a full rebuild OR replacement of the C30LT Drive Unit for a 75' EIMCO clarifier (Serial #24555-02) Questions regarding the contents of this RFP must be submitted in writing on or before 4:30 PM (PST) on Wednesday, February 8,2023, and directed to Don Marsh at [email protected].
Proposers shall submit sealed proposals in accordance with the RFP clearly marked SECONDARY CLARIFIER REHAB to Mr. Don Marsh - Public Works Director for the City of Tehachapi located at 115 S. Robinson Street, TehachapiCA.93551. Proposals are due by February 23,2023, at 4:!X) PM, no late proposals will be accepted. lnterviews may be conducted at the City's discretion.
Award of the Contract, if awarded, will be made by the Tehachapi City Council within sixty (60) days after receipt of proposals by the City of Tehachapi. The City of Tehachapi will award this contract based on the scope/plan and the best-qualified proposer as determined by the City, under its sole and absolute discretion. The contract to be executed shall be in substantially the form described in Exhibit "A" to this RFP.
A pre-bid meeting may be held at the request of interested persons to evaluate and assess site conditions. To request a pre-bid meeting, please contact Don Marsh, Public Works Director - at dmarsh@te aprpw.com. This meeting is not mandatory; however, it is the responsibility of interested persons or parties to view the site conditions prior to submitting a price. lt will be assumed by submitting a proposal that you have viewed or assessed the site's conditions.
The unfamiliarity of conditions will not relieve the bidder from the obligations to furnish all equipment, supplies, and labor necessary to carry out the provisions to complete the performance of the obligations of the project.
SCOPE OF WORK
C30HT Drive Unit
The successful bidder will manufacture and supply C30HT drive unit to include the following:
r C30HT drive unit rated to match current C30LT drive unit ' Drive torque control unit with micro switches and actuating pin r Motor drive package (3/a hp TEFC exp. proof motor, reducer, sprockets, chain & guard) ' Ovivo paint scheme - (2)coats of Tnemec N59F epoxy @ 5-8 mils DFT (sky blue color)Top coated with (1) coat of Tnemec 73 Endura Shield urethane @ 2-3 mils DFT Top coat is highly resistant to abrasion, wet conditions, corrosive fumes, chemical contact and weathering r Fasteners & shim kit (304 SS)
. O&Mmanual
. Engineering
CALIFORNiA
2 a
=-____J
TEHACHAPI
City of Tehachapi
Secondary Clarifier Rehab
Scope of Work
. FCA freight
. One (1) year mechanical warranty for new components only - 12 months from initial operation, not to exceed 18 months from delivery,
C30HT Drive Unit Labor Remova! & lnstallation Services
Mobilization to the site - crane, mats, rigging & related equipment Crib up rake arms
Remove walkway & existing C30LT drive unit
lnstall new C30HT drive unit
Re-install walkway
Remove cribbing
Re-level rake arms & mechanism
Repair Skimmer assembly
Test run clarifier
One (1) year warranty installation
Demobilization of personnel and equipment
Provide all required confined space entry equipment, hoisting & rigging.
Startup/checkout services - one (1) Ovivo serviceman visit for one (1) trip of one (1) day onsite to perform checkout (start-up) and inspect new C30HT drive unit installation and provide operator training
Clarifi er Bypass Operation :
r The proposal must include a detailed summary and description of the work plan and equipment needed to bypass the clarifier and fully maintain and meet the permit requirements for effluent water quality.
o A copy of the Waste Discharge Requirement (Order No. 92-047) will be provided upon request.
Contractors interested in responding to the RFP shall, at minimum, perform the fo!lowing work: I Complete replacement or rebuild of the C30LT Drive Unit for the 75' EIMCO clarifier. (This should be broken down within the proposal to allow City Staff the ability to decide if a replacement or rebuild is the best option)
. Perform a complete inspection of the clarifier mechanism, launder, weirs, baffles, etc. and provide a report of findings with rehab recommendations/pricing if applicable. . Startup/checkout services -Perform checkout (start-up) and inspect new C30LT drive unit installation and provide comprehensive operations and maintenance training for City staff. . All labor and materials must come with a 12-month warranty . Contractor shall comply with City's llPP/Safety Program, Contractor's llPP/Safety Program, or CAL-OSHA, whichever requirements are most stringent, for all work activities and environments.
. No bid will be accepted from a Bidder who is not licensed to conduct business in the state of California and licensed to perform the class of work defined by the Contract Documents 3 m
ITY O F
TEHACHAPI
IN City of Tehachapi
Secondary Clarifier Rehab
Scope of Work
Contractor shall comply with all requirements of the California Department of lndustrial Relations including, but not limited to paying employees to appropriate prevailing wage, maintaining the
contracto/s registration, and complying with all certified payroll requirements. The prevailing wage shall be per the current California Department of lndustrial Relations, Southern California General Prevailing Wage Determinations Table for the appropriate landscaping trade determination.
Contractor shall provide sufficient communication to the City's representative for the contracto/s operations, conditions of facilities, and work performed.
PRICING TERMS
a. The pricing must be structured as a "turnkey''service b. This project is a "prevailing wage project" and the price must be reflected as such in the proposal.
c. Pricing must include the process and equipment needed to bypass the clarifier and fully maintain and meet the permit requirements for effluent water quality. i. A copy of the Waste Discharge Requirement (Order No. 92-047) will be provided upon req uest.
SCHEDULE OF EVENTS
I
January 9,2023
January 26,2023
February 2,2023
February 23,2023
March 6,2023
July 3,2023
November L,2023
lssuance of Request for Proposals
Deadline to Submit Written Questions by 4:00 PM
Response to Questions lssued
Proposals Due by 4:30 PM
City Council Approval of Contract (Tentative)
Work can begin on or after this date
Work must be completed by this date
PROPOSAL FORMAT AND CONTENT
lntroductory Letter - The introductory letter shall include the legal business name, mailing address, telephone number, and email address. The letter will address the proposer's understanding of the City's request and any other pertinent information the proposer believes should be included. All addendums received must be acknowledged in the transmittal letter. The letter shall be signed by the individual authorized to bind the proposer to the proposal. 4 a
I
To standardize responses and simplify the comparison and evaluation, all statements must be organized in the manner set forth below, separated into sections, and appropriately labeled. The proposer is requested to provide the following information:
CITY OF
TEHACHAPI
City of Tehachapi
Secondary Clarifier Rehab
Scope of Work
b. Executive Summary/Firm Profile - Provide a general description of proposing entity or person.
Provide background including years of experience and type of experience, including maintenance and repair work in wastewater treatment plants.
c. Litigation - lndicate if the proposerwas involved or is currently involved in any litigation overthe last five years, lf yes, briefly describe the nature of the litigation and the result.
DELIVERY OF PROPOSALS AND GENERAL CONDITIONS
All proposals shall be typewritten and submitted in a sealed envelope plainly marked on the outside:
"SECONDARY CLARIFIER REHAB - Do Not Open with Regular Mail." A total of two copies of the proposal are required.
Send or deliver two copies of sealed proposals to the following:
City of Tehachapi
Attn: Don Marsh
Public Works Director
115 S. Robinson Street
Tehachapi, CA 93551
The emphasis of the proposal should be on responding to the requirements set forth in this Request for Proposal in a precise and logical manner. The proposal must be signed by a designated firm representative or officer who is authorized to bind the proposer contractually. Submission of a signed Proposal to the City will be interpreted to indicate the firm's willingness to comply with all terms and conditions set forth herein.
Failure to read the Request for Proposal and to comply with its instructions will be at the propose/s own risk. Proposer must examine the RFP documents carefully and before submitting you may request from the City's contact person(s) additional information or clarification. The failure of interested parties to request additional information or clarification shall preclude those parties from subsequently claiming any ambiguity, inconsistency, or error.
The City of Tehachapi reserves the right to reject any/or all proposals. The City also reserves the right to waive any irregularity, informality, or technicality in the proposals in the City's best interest.
All costs related to the preparation of the proposals and any related activities are the sole responsibility of the proposer. The City assumes no liability for any costs incurred by proposers during the selection process.
All proposals, including attachments, supplementary materials, renderings, sketches, addenda, etc. shall become, upon submission, the property of the City, and will not be returned to the submitting proposer. 5 EVALUAT!ON CRITERIA
CITY OF
TEHACHAPI
City of Tehachapi
Secondary Clarifier Rehab
Scope of Work
The City of Tehachapi will award this contract based on the best bid and qualified proposer as determined by the City, under its sole and absolute discretion. After submission of the written proposal, qualified proposers may be requested to make an oral presentation to a committee responsible for making final recommendations. The process allows for confidential clarifications, negotiations, and revisions.
CI.AR!FICATION AND/OR REVISIONS TO THE SPECIFICATIONS AND REQUIREMENTS The City will issue responses to inquiries and any other corrections or amendments it deems necessary in a written addendum prior to the due date. lnterested parties should rely only on the representations, statements, or explanations that are contained within this RFP and the written addenda to this RFP. Where there appears to be a conflict between the RFP and any addendum issued, the last addendum issued will prevail.
CLOSING DATE
Proposals will be received up to 4:30 pm PST on February 23,2023. No late proposals will be accepted.
VENUE
This AGREEMENT will be governed and construed according to the laws of the State of California. This AGREEMENT is performable in Kern County.
PERFORMANCE
a. ln the performance of the contract, the selected contractor will provide all vehicles, tools, personnel, equipment, and supplies necessary to perform the requested work.
TERMS AND CONDITIONS
a. The Contractor will supply a direct contact name, phone number and email of the person responsible for the contract, and the person authorized to quote additional work. b. The Contractor will obtain and maintain a City Business License for the duration of the contract. c. The Contractor shall enter into a mutually agreeable contract with the City to perform the work. A sample contract template is attached as Exhibit "A".
CANCELI.ATION OF CONTRACT PROVIS!ONS
d. The City of Tehachapi shall have the right to cancel the contract at the City's sole discretion in accordance with the contract. See Exhibit " A" tor more details. 5 a
E__J
CITY OF
TEHACHAPI
CATIFORNlA City of Tehachapi
Secondary Clarifier Rehab
Scope of Work
INSURANCE REQUIREMENTS
e. Contractor shall defend, indemnify, and hold harmless the City of Tehachapi, its officers, councilpersons, employees, contractors, and representatives from any and all claims, demands, suits, judgments, liability, damages, costs and expenses arising out of the performance of Contracto/s obligations under the contract and during the progress and to the completion of work with the following requirements:
i. Contractor, at Contractor's sole cost and expense, shall maintain throughout the term of the Agreement (i) all Worker's Compensation insurance where and in the amounts required by law, (ii) a bond in an amount acceptable to City and (iii) a Comprehensive General Public Liability lnsurance Policy from a company approved by City for protection against liability to the public arising as an incident of Contractor's performance hereunder in amounts not less the St million per occurrence and said policy shall be primary insurance naming City, its officers, councilpersons, employees, contractors, and representatives as additional insured's and affording City at least 10 days' notice prior to cancellation or reduction of coverage.
f. lnsurance Certificate declaring the City of Tehachapi as additional insured, not certificate holder, must be issued, and shall become part of the f contract. g. The contractor shall maintain current up-to-date insurance coverage during the term of the contract and failure to do so shall result in termination of said contract. h. Certificate must be submitted within ten (10) days upon notification of award of contract.
CONSIDERATION IN PROPOSALS
i. The City reserves the right to reject any or all proposals. j. The City has the right to waive informalities or irregularities in a proposal received and to accept the proposal which in the City's judgment is in the City's own best interests. k. The City reserves the right to request clarification of the information submitted and to request additional information from any proposer.
SUBMITTAIS - TWO COPIES OF YOUR SUBMITTAL SHOUTD BE PROVIDED TO THE CITY AND SHOULD
INCTUDE THE FOLTOWING INFORMATION
l. Proposal Pricing Structure on the form provided by the City as Attachment "A" TIMEL!NE
a. Complete submittals are due by 4:30 pm on Thursday, February 23,2023 7 CITY OF
6ATE HAC HAPI
=-------J
-
City of Tehachapi
Secondary Clarifier Rehab
Scope of Work
8 T
TY OF
EHACHAPI
CALIFORNiA City of Tehachapi
Secondary Clarifier Rehab
Scope of Work
EXHIBIT "A"
IContract]
9 AGREEMENT
THIS AGREEMENT made this _ day of 2022, by and
between the CITY OF TEHACHAPI, hereinafter "City", and
hereinafter "Contractor,"
WHEREAS, City wishes to hire Contractor to and as more
particularly described in Exhibit "A" attached hereto and by this reference made a part hereof (the "Services") pursuant to the terms and conditions described hereinafter and Contractor is agreeable thereto.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the parties agree as follows:
1. The parties incorporate the foregoing recitals as if fully set forth herein verbatim
2. City hereby contracts with Contractor to perform the Services and Contractor agrees to perform the Services pursuant to the terms and conditions of this Agreement.
3. Contractor agrees to complete the Services for a total price of not to exceed $ which shall represent the full and complete compensation due and owing Contractor. Contractor shall be paid upon completion of the Services to the reasonable satisfaction of City. Prior to payment of Contractor, Contractor shall first provide City with a written invoice setting forth the Services performed and the amount due and owing which may be reviewed by the City Manager or the City Manager's representative and approved for payment. Thereafter, the invoice shall be submiued to the City Council at the next regularly scheduled meeting for which the maffer can be presented for consideration.
Thereafter, upon approval by the City Council, the invoice shall be paid in the amounts approved by the City Council within a reasonable time thereafter.
4. Contractor shall complete the Services within weeks from the date of this Agreement. In the performance of Contractor's duties hereunder, Contractor shall provide all vehicles, tools, personnel, equipment, supplies and all such other items as are necessary or convenient to completing the Services at Contractor's sole cost and expense.
Information, data, plans and specifications, and all other Service documents drafted or created by Contractor or on behalf of Contractor for City shall belong to City and Contractor hereby assigns all of its copyright interests therein to City, irrevocably and forever and agrees that City shall be the owner of all such copyrights.
WITNES gEIg
5. Contractor, at Contractor's sole cost and expense, shall maintain throughout the term of this Agreement (i) all Worker's Compensation Insurance where and in the amounts required by law, (ii) a Comprehensive General Public Liability Insurance Policy from a company approved by City for protection against liability to the public arising as an incident of Contractor's perforrnance hereunder in amounts not less than $1 million per occurrence and said policy shall be primary insurance naming City, its officers, councilpersons, employees, contractors, and representatives as additional insureds and affording City at least l0 days notice prior to cancellation or reduction of coverage, and (iii) Vehicle Liability Insurance in amounts not less than those set forth in Subparagraph (ii) of this Article 5. In the event any such policy shall lapse or be canceled, City may, at City's sole discretion, terminate this Agreement without further notice to Contractor.
Contractor shall provide City with a Certificate of Insurance veriffing Contractor's compliance with the foregoing. This Agreement shall not be effective until City has received and approved same.
6. Contractor shall pay, and shall require subcontractors to pay, employees a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations and wage standards applicable to the Services. In accordance with Section 1775 of the California Labor Code, Contractor shall pay such penalties and incur such costs as described therein and as are more particularly determined by the Labor Commissioner, in the event of any violation of the foregoing requirement. In addition to the foregoing, Contractor and all subcontractors shall pay to workmen employed in the performance of the Services no less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the Labor Code. Copies of the prevailing rate of per diem wages are on file at City's principal office and are available for examination by any interested party on request, during normal business hours.
Contractor shall keep an accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each worker or other employee employed by Contractor hereunder.
7. Contractor hereby indemnifies, agrees to defend, and holds harmless City, its officers, councilpersons, employees, contractors, and representatives from any and all claims, demands, suits, judgments, liability, damages, costs, and expenses arising in any manner out of this Agreement or occasioned by the performance or affempted performance of the provisions hereof including but not limited to any act or omission to act on the part of Contractor or Contractor's or employees, subcontractors, agents, or representatives.
8. In addition to any other methods of termination described in this Agreement, City may terminate this Agreement at any time upon determination that Contractor is not performing its duties properly or has otherwise breached this Agreement. In the event of termination based on nonperformance or other breach of this Agreement, City shall so notiff Contractor in writing and this Agreement shall be immediately terminated thereafter.
In addition to the foregoing, City may terminate this Agreement for the City's convenience upon ten (10) days written notice to Contractor at City's sole and absolute discretion and, in that event, Contractor shall be entitled to payment for Contractor's performance of its obligations hereunder to the date of termination subject to City's approval and acceptance of Contractor's performance.
9. In the performance of its obligations hereunder, Contractor acknowledges that Contractor and Contractor's employees, subcontractors, agents, and representatives may encounter dangerous conditions either on real property owned or controlled by City, or in the manner in which Contractor is required to or chooses to perform its obligations hereunder, or in any other aspect or part of its perforrnance hereunder. Contractor for itself and on behalf of its employees, subcontractors, agents, and representatives assumes the risk of same and hereby waives, releases, and forever discharges City, its officers, councilpersons, employees, contractors, agents, and representatives from any and all liability, claims, actions, losses, costs, and expenses arising out of all injuries, and damages which may be suffered by Contractor or Contractor's employees, subcontractors, agents, or representatives including, but not limited to, any of same attributable in any way to any act or omission to act or any negligence whatsoever, whether passive or active, by City, or City's officers, councilpersons, employees, contractors, agents, or representatives.
Contractor represents and warrants that it has read and fully understands the provisions of Section 1542 of the Civil Code of California which states as follows:
"A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her would have materially affected his or her settlement with the debtor or released part5r." Contractor on behalf of itself and its employees, subcontractors, agents, and representatives hereby expressly waives and releases any right or benefit which each has or may have under Civil Code Section 1542.
10. or entity.
Contractor shall not assign any portion of this Agreement to any other person I l. If this Agreement or any portion thereof shall be considered invalid by any court of competent jurisdiction, the invalid portion shall not affect the validity of the remainder of the Agreement and the Agreement shall continue in full force and effect as if the invalid portion had not been included therein.
12. Any notice required or permitted under this Agreement or at law shall be deemed to be delivered when personally served on the parry to be noticed or (a) on the next business day following deposit of the notice with an overnight delivery service, provided the overnight carrier's records confirm delivery, @) when delivered by United States Mail, Postage Prepaid, Registered or Certified Mail, Return Receipt Requested, with the date of signing the Return Receipt (or refusal to sign) deemed the date of service, (c) three business days following deposit in the United States Mail, Postage Prepaid, (d) when sent by confirmed facsimile transmission, or (e) when sent by electronic mail ("email"). The following addresses shall be used: City - Greg Garrett, 115 South Robinson Street, Tehachapi, California 93561, Fax (661) 822-2197, Email
gearrett@tehachapicit),hall.com ; and Contractor -
Fax-( ) Email - ( ) Any party may change any of the
foregoing as it relates to the party by giving written notice to the other party in the manner set forth herein.
13. If any action is commenced between the parties concerning any provision of this Agreement or the rights and duties of any parfy in relation thereto or the interpretation of this Agreement, the prevailing party shall be entitled, in addition to such other relief as may be granted, to a reasonable sum for the party's attomey fees in such action.
14. This Agreement may be amended only by a writing executed by all parties.
15. The parties hereto agree that this Agreement accurately reflects the agreement of the parties and is the product of negotiations between the parties, and shall not create a rebuffable presumption against the party who drafted same.
16. This Agreement contains all of the agreements of the parties with respect to all matters mentioned herein and no prior agreement or understanding pertaining to any such matter shall be effective.
17. This Agreement may be executed in counterparts. A facsimile or electronic copy of this fully executed Agreement shall be as effective as the original for all purposes.
18. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
19. Waiver by a party of any provision of this Agreement shall not be considered a continuing waiver or a waiver of any other provision, including the time for performance of any such provision.
20. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, successors, and assigns. Notwithstanding the foregoing, Contractor shall not, under any conditions, assign this Agreement or any part thereof to any other entity or individual.
21. Contractor is an independent contractor under this Agreement and is not an agent or employee of City. As such, Contractor is not entitled to participate in any plans, urangements, or distributions that City may now or hereafter have, including, without limitation, retirement plans, health care or similar benefits for regular employees.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove written.
Mayor, City of
Tehachapi, California
Contractor
EXHIBIT "A"
[Description of Servicesl
Rebuild-it Services Group
A Sentry Equipment Company
4188 W Nike Drive
West f ordan, UT 84088
Tel +1-888-709-5676
Email: sales@rebuild-it com
www.rebuild-it.com
Rebutld-it
February 21,,2A23
RE: Statement of background and experience of principal members of Rebuild-it, a Sentry Equipment Company.
Rebuild-it (RSG) team members have specialized in the supply of OEM parts, compatible factory parts for various equipment and manufacturers, inspections, field service, turn-key solutions, rebuilding of gearboxes, rebuild/replacements of clarifiers and other repairs and rebuilds for municipal and lndustrial clients throughout the United States. Our team of experts have been working with EIMCO@ and Dorr-Oliver@ equipment for over 28 years and Walker@ and Envirex@ equipment for the last 12 years. Sentry Equipment California Business Number is 4263253.
We are acknowledging that we received the answer from contractors for this project dated, February 1.4,2023. There is not any litigation activity for Rebuild-it and/or Sentry within the last five years.
Thank you,
Terry Reyburn
General Manager
Rebuild-it, a Sentry Equipment Company
4188 West Jordan, UT 84088
West Jordan, UT 84088
Office: 385-235-6924
E-Mail: [email protected]
Website: www. rebui ld-it.com
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Rebuild-it Services
4188 West Nike Drive
West fordan, UT 84088
www.rebuild-it.com
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Rebuild-it Experience and Capabilities
Rebuild-it Services Group's IRSGJ team members have specialized in the supply of 0EM parts, inspections, field service, turn-key solutions, rebuilding of gearboxes, rebuild/replacements of clarifiers and other repairs and rebuilds for municipal and Industrial clients throughout the United Sates. Our team of experts have been working with EIMCO@ and Dorr-Olivero equipment for over 30 years, We have four rebuild centers and warehousing locations in Trussville, AL, Zanesville, OH, Grifton, NC West Jordan, UT and Houston, TXin2024; along with our strategic partner The Drive Shop we have been successfully rebuilding drives and providing turn-key labor services since 2008.
RSG is a nationwide rebuild and labor installation resource with RSG contractors and rebuild shops spread across the United Sates, to provide the best customer service possible. We have specialized on providing quality worh and we have backed up every rebuild and labor installation for the last 12 years.
RSG has become the leader with clarifier rebuilds and replacements, We are the clarifier experts of the industry. We have rebuilt and/or replaced several clarifiers across the U.S. We have a lot of repeat customers who love our innovation, dedication, service and quality of our clarifiers. We have a few patented and new items for clarifiers as we constantly listen to our customers by bringing them affordable parts and designs that are more maintenance friendly and last longer.
RSG is licensed in the following states: California, Washington, Arkansas, Florida, Louisiana, and Idaho, Rebuild-lt
ITI N SENTRY EQUIPMENT COMPANY
EXPERIENCE & CAPABILITIES
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EXPERIENCE & CAPABILITIES
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Terry A. Reyburn - Founder and Senior Sales Manager
o Has worked with EIMCO@ and Dorr-Oliver@
equipment for' 2 5 years.
. Responsible for over 450 drive rebuilds and retrofits over career. o In chargc ofover 250 clarifier, thickener, trickling
filter and sludge mixer rehabilitation projects.
r Customer Service and Execution.
Thomas R. Strottner - Senior Engineer Manager
r Has worked with EIMCO@ and Dorr-Oliver@
equipment for 33 years.
o Designed over 320 clarifiers and thickeners over
career.
o Design of over 200 rebuilds and retro-fits. Member of the team that developed the rebuild program at
EIMCO@ PEC.
o Lead team for drive development in designing 5 new
EIMCO@ PEC Drive heads.
Candace King - Director of Customer Service and 0perations . Customer Service Manager for over 15 years.
r Has worked with EIMCO@ and Dorr-Oliver@
equipment for 3 years.
o Customer Service and Procurement Manager.
,eremy Taylor - Technical Service Manager
. Has worked with Westech for over 18 years.
. Responsible for the installation ofover 300 clarifiers and thickeners, in over an 18-year career in
wastewater and water industry.
r Outside Sales and Quality Control Manager.
fosh Baker - Rebuild Shop Manager and on-site Foreman
[Trussville, AL Location)
r Has worked with EIMCO@ and Dorr-Oliver@
equipment for 11years.
. Responsible for the rebuilding ofover 125 drive
heads for EIMC0@ and Dorr-0liver@ over career.
o Head ofthe South Fabrication shop
Braden Little- Shop Managerand on-site Foreman [West
Jordan, U'l'location)
e Has worked with EIMCO@ and Dorr-Oliver@
equipment and other gearboxes for over 5 years.
. Responsible for over 95 drive and gearbox rebuilds,
r 0n site Field Technician for Installations
David Conway - Rebuild Shop Manager and on-site Foreman (Grifton, NC Location)
r Has workecl with EIMCO@ and Dorr-Oliver@
equipment for 15 years,
r 0n site inspections
r Installation of clarifiers over 200 YTD.
r Field service check out and start-up
r Ilead ofthe East Fabrication shop
Lindsay Fallon- Administrative Manager/HR Assistant (West fordan, UT location)
. Has worked for EIMCO@ for over 10 years with
accounting and procuremenl
. Customer Service Manager
r Accountingspecialist
e Sourcing expert
Eric Anderson - Sales Manager fWest fordan, UT location) o Several years ofexperience in the field and in the
shop
r Over 1.2 years with EIMC0 and Westech industry.
r Drive rebuild and on site inspections.
r Industrial sales
. On site inspections.
Dustin Daniels- Rebuild Shop Manager (Zainesville,0H
location)
r Has worked with EIMCO@ and Dorr-Oliver@
equipment and other gearboxes for over 5 years.
. Responsible for over 100 drive and gearbox rebuilds,
. 0n site Field Technician for Installations
o Manager of North fabrication shop
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Project List (Highlights)
EIMCOcI and Dorr-Olivero Rehabilitation and Drive Rebuild Projects:
. Fonda, NY - Clarifier replacement project with turn-key services- 40' dia. Clarifier. e River Bend- St. Francisville, LA - Replacement underwater clarifier components for 175' dia. clarifier with turn-key services and drive rebuild.
. Tyson Foods, Dakota City, NE- Replacement underwater steel components- 75' dia. tank. . Tyson Foods, foslin, IL- Replacement underwater clarifier components- 70' dia. Tank, . Tyson Foods, Amarillo, TX - Replacement clarifier components and C40 drive rebuild [2) 35' dia.
Clarifiers.
r Cascade Tissue- St, Helens, 0R- Replacement 200'EIMCO Thickener- Rebuild CB4B2P Drive Spanish Fork, UT - Rebuild C40 drive and clarifier with turn- EXPERIENCE & CAPA 3 services ILITIES
50020A - River Bend Station- Entergy Operations,
Nuclear Power plant. (repeat customer)
5485 US Highway 61, St. Francisville, LA
Contact: Tony Fredieu or Erlo Covington
Job Description: Replace steelcomponents and
rebuild a DBS drive unit, for (2) 175' dia,
Reactivator Graver mechanisms. Turn-key
Services. ContractAmount: $3,093,628.00 Added
another $+Of to rebuild a drive as a spare in 201.8.
50068A - Beale Air Force Base, Nomlaki
Technologies,
Marysville, CA
Contact: Dennis Simac
]ob Description: Remove and replace 100'dia.
Clarifier.
Contract Amount: $225,532.00
500064 - City of Fonda, NY
Fonda, NY
Contact: Bob Headwell
Job Description: Supply and Install [1J 40' dia.
secondary clarifier and rebuilding the EIMC0@
drive unit.
Contract Amount: $186,634.00
50017A - City of Florence, 0R
Florence, 0R [repeat customer)
Contact: Gary M cLauchlin
Job Description: Rebuild [2J existin g 42" Walker
drive units with turn-key services,
Contract Amount: $ 182,980.00
50025A - City of Council Bluffs, IA
Council Bluffs, IA [repeat customer)
Contact: Don Hudgell
Job Description: Rebuild [2J EIMCO@ C40 drive
units.
Contract Amount: $45, 1 00,00
50035- CentralValley, UT WWTP
Contact: Tory DeWolfe (repeat customer)
Job Description: Rebuilding of (B/M) EIMC0@
C40 Drives with Turn-Key Services.
Contract Amount: $950,450.00
50270 & 50584- CVR Coffeyville, KS [repeat
customerJ Supply and install [2) new 50' dia.
Bridge supported clarifiers. $7 60,240.A0
50465 & 50466- Five mile & Trussville, AL
frepeat customer) Rebuilding of several drives
and replaced clarifier components- Turn-key
services $467,980.00
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Council Bluffs, lA - (2) C40 Drive Rebuilds
Central Valley, UT WWTP. Rebuild (13) C40 drives with turn-key services. 120' dia. Clarifiers.
Morrisville, NY - Designed repair of digester equipment Imery's VA-Repair and rebuild of W4BP /W36P3 Drive unit.
Stamford, CT - Repair assistance for skimmer and clarifier improvements Atlanta, GA - Rebuild of (2) C40 drives and replacement of (1) C40 drive with turn-key services. f upiter, FL- C40 Drive rebuild- turn-key services and repair Marco Island, FL- Drive replacementW24P/LDM with turn-key services f efferson County - New C30 drive unit with turn-key services Spanish Fork, UT- new 90' dia. Clarifier components- turn-key with C40HT drive replacement San f uan Capistrano, CA (3) 80' dia. Clarifier components/turn-key with (3) C30HT drive rebuilds.
Carmel, CA - Replacement clarifier walkway and C30 drive rebuild turn-key West Point, VA - Rebuild parts and clarifier components Cascade Tissue, St. Helens, OR - Complete clarifier 200' dia. thickener with drive rebuild.
Sheboygan, WI- C40 Drive rebuild with turn-key services.
Delta Diablo, CA - Clarifier components with C30 Drive rebuild CVR- Coffeyville, KS - Supply and install [2) new 50'dia. bridge supported clarifiers.
Ozark, AR - 30S1 Dorr-0liver drive rebuild and clarifier parts with turn-key services.
American Water, PA - 5' Dorr-Oliver drive rebuild - turn-key for 57'dia, clarifier, Salem, OR - (4) new clarifier service platforms with turn-key services.
Franklin, TN - drive rebuild with turn-key services. [2) clarifiers, Stuart, FL- Rebuilding of three 65' dia. clarifiers includes new underwater steel and rebuilding of drives. All turn-key work,
Loxahatchee- [Jupiter, FL) replacing underwater steel for 100'dia. clarifier- turn-key labor, North Fort Lauderdale, FL- Replacing entire drum filter with our labor services.
Fultondale, AL- (3) clarifier drive rebuilds C40 and W21P with turn-key service.
Lewiston, tD - C40 drive replacement with new style drive and turn-key services Beale AFB-CA Install of clarifier components.
South Cary, NC - (2) C60 Drive rebuild with turn-key services.
Blackfoot, [D - Westech Drive replacement [in kind) 3L" Blackfoot, lD - Westech Drive replacement for an Envirex clarifier.
Buford, GA- Rebuild (4) 25" shaft Westech drives with field service check-out.
Payson, UT- Westech Drive Replacement 3L" drive
Elgin, IL - Solids contact unit rehab- Turn-key.
Franklin, TN- 42" Westech Drive replacement - Turn-key
Texas City, TX- 60" Combo drive rebuild
Wilkes Barre, PA- Grit collector rehab- Turn-key
Big Springs, TX- Alon Refinery- Steel components install, Turn-key La Cygne, KS- Power Plant. (3J Drum Filter rebuilds, turn-key Troutdale, OR - [2) Westech 31" drive rebuilds with turn-key services Spokane, WA - [2) Westech sludge mixer rebuilds
Bullhead, AZ- Turn-key services- clarifier- Kusters Water .o.HTop.ff H.t-tE "ff,,fl"E*h skgtmet,H FrA"'E T. f1l i,t'.t E S 4 -3" . '''z-:, .
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Flagstafl AZ - Repair of center column- turn-key services.
Mexico, MO- Drive replacement- turn-key services,
El Dorado, CA - Drive Rebuild and Turn-key project
Blackfoot,lD - Turn-key labor for replacement Envirex H40LT Drive.
Ann Arbor, MI - Rebuild [3j Envirex drive units H-42,
Westrock- West Point, VA - Rebuild for H60 Drive unit,
Clarksville, VA Rebuild (2)F20LT /R7 Envirex Drive units.
Del Ray Beach, FL - Material and labor services to replace lifting mechanism on site Envirex Type F Drive unit.
Camp Lejeune, NC Military Base- Labor services to rebuild existing Envirex 115'dia. Tow Bro Clarifier with H40A-HT Drive,
Silverton, OR- Rebuild of Walker drive unit with turn-key services.
Tillamook Diary- Tillamook, OR- Clarifier replacement project with turn-key services.
Cascade-St. Helens OR. Replacement drive parts and drive rebuild Beacon, NY - Replacement of clarifiers drive and underwater steel components.
Santa Clara, CA- Rebuilding of turbine drive unit with turn-key services.
Bremen, IN- replacement of [2) C30 drives with EIMCO-RSG CM30 drives.
Rockland, MA- Rebuilding and replacement of (2J 30S1 drives.
California City, CA- Replacing skimmers, weirs and baffles all turn-key work.
West Valley, UT- CVRF Check out services for [4) new Clarifiers with Alder Construction O'Bannon, OH replace EIMCO C40 drive with new EIMCO-RSG CM40 drive with turn-key services.
Bativa, OH- Replace Envirex drive with new EIMCO-RSG CM40 drive unit Carmel, CA - Replace old drive with CM40 drive unit with new walkway and platform Salem, OR - Installation of (4) new drives with new service platforms.
Waterlviet, NY - supply and install new 25' dia. clarifier.
Orangetown, NY- Rebuild existing rotary distributor - turn-key labor services Trussville, AL - rebuild C40 drives with turn-key labor Prudes Creek, AL- Rebuild W27P drives with installation Five Mile Creek, AL- Rebuild W21P and C40 drives with installation Independence, MO - rebuild W48P/W36P3 drive with turn-key labor Fayetteville, AR- Rebuild of [2) 48S1 Dorr-Oliver drives- also [2J more drives in 2019 Atlanta, GA - Rebuild and installation of C40 Drive unit Mechanicsburg, PA - Rebuild of Dorr-Oliver 5' drive unit with turn-key services Augusta, ME- Supply 30S1 Dorr-Oliver drive unit and new walkway for 55' dia. clarifier Monroe County, NY- supply of 745' dia. secondary clarifier Mule Hide- WI- Supply of B50/LDM drive as required
Escondido, CA - Rebuilding of (2) clarifiers with turn-key services.
Windsor, CO- rebuilding and replacement of C30 Drive with turn-key services
EXPERIENCE & CAPABILITIES
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EXPERIENCE & CAPABILITIES
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EXPERIENCE & CAPABILITIES
DBS c Drive Rebuild
Dorr-Olivero Drive Rebuild EIMC0@ Drive Rebuild
Walker Drive Rebuild WesTech Drive Rebuild
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Rebuild-it Services Group list of equipment
manufacturers we currently work with for
equipment rebuilds and turn-key services.
I FLSMidth, USA.
r EIMCO@
o Dorr-Olivero
o WesTech Engineering
o Envirex [Evoqua)
o Siemens Flender gearboxes
o Walker Process
o Amwell
r DBS Manufacturing
r Kusters Water (Hi-Tech or
Peabody WellsJ
. Graver Equipment Co.
Other RSG Capabilities:
Rebuild-it Services Group list of equipment for
Rebuild or Installation.
. Clarifier and Thickeners
r Reactor Clarifiers - Solid contact units
o DAF Units
o Rotary Distributor/ Trickling Filters
r Drive rebuild and repair
. Gearbox rebuild and/or repair [Flender
gearbox for aeration or related)
. Reducer rebuild (Sumitomo, SEW)
o Screen installation and repair
o Rotary Drum Filters
o Sand Filter - Media removal and
replacement
r Sludge Mixer rebuilds and/or
installation
r Flocculator parts repair & install
o Painting of mechanisms and equipment
. Pump sales and rebuilds
CONFIDENTIALITY:
All the inlormation in this document is confidential and has been prepored for your use solely in considering services described, Transmission of all or any part of this information to others or use by you for other purposes is unauthorized without our written consent.
EXPERIENCE & CAPABILITIES
8 :J!,
oATE (Mt /OOTYYYYI
8t11t2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR A,LTER THE COVERAGE AFFOROED BY THE POLICIES BELOW. TH|S CERTTFTCATE OF TNSURANCE OOES NOT CONSTTTUTE A CONTRAGT BETWEEN THE |SSU|NG TNSURER{S), AUTHORTZED REPRESENTATIVE OR PRODUCER, ANO THE CERTIFICATE HOLDER. lf SUBROGATION lS WAIVED, subject to the terms and conditions of policy, certain policies may require an endorsement. A statement on must or
tn of
the an
this certiflcate does not confer to the
NAIC *
PROOUCER
The Horton Group
10320 Orland Parkway
Orland Park lL 60467
B Evanston lnsurance 35378
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Sentry Equipment Corp.
966 Blue Ribbon Circle North
Oconomowoc W 53066
INSURED
COVERAGES
CERTIFICATE OF LIABILITY INSURANGE
CERTIFICATE NUMBER: 82,11 REVISION NUMBER:
O 1988.2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are reglstered marks of ACORD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATED. NOTWITHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CI.AIMS,
TYPE OF INSURANCE POLICY NUMBER LIMITS
EACH OCCURRENCE s 1,000,000
s 1 ,000,000
MED EXP (Any one per6on) s 10.000
PERSONAL A ADV INJURY s 1.000.000
GENERAL A6GREGATE s 2.000,000
PROOUCTS. COMP/OP AGG 5 2.000,000
COMMERCIAL GENERAL LIABI LITY
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POLICY PRO
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OCCUR
Domestic
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BOoILY INJURY (Pd pctron)
BODILY INJURY (Ps arcident) s
ANY AUTO
OWNED
AUTOS ONLY
HIREO
AUTOS ONLY
SCHEDULEO
AUTOS
NON.OWNEO
AUTOS ONLY
x
AUTOMOBILE LIABILITY 7355-3GE0 81112022 81112023
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x x EACH OCCURRENCE s U'{BRELLA LIAB '10,000.000
EXCESS UAS
OCCUR
ct-Altvs-r\,tADE AGGREGATE s I 0.000.000
DFD RFTFNTION S
7985-09-53 8/112022 8t1t2023
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X
PER STATLIF OTHFR
E.t. EACH ACCIDENT s '100.000
E.L. OISEASE . EA EMPLOYEE s 1 00.000
WORKERS COiIPENSATION
AND EMPLOYERS' LIABILITY
ANYPROPRIETOFUPARTNER/EXECUTIVE
OFFICERYMEMBER EXCLUDED?
(ir.ndatory ln NH)
l, y.s, dssqiba und€r
DESCRIPTION OF OPERATIONS belil
N N/A
71 70-99-67 81112022 alno23
E.L. DISEASE. POLICY LIMIT s 500.000
B Pollutrtr Li€brlny MKLV3ENV1O3318 an120?2 8t1t2023 Limit s5,00c,000 OESCRIPTION OF OPERATIONS I LOCATIONS MHICLES (ACORO l0'l, Addltionrl Romarlt Sch.dul., m.y b. .ttrched It mo.e sp:c. Ii re guir.d) Additional insured on a primary and noncontributory basis with respect to general liability and auto liability only when required by written contract. Waivers of subrogation apply to general liability, auto liability and workers' compensation in favor of the stated additional insureds only when required by written contract.
Umbrella follows form. A 30 Day Notice of Cancellation is included with respect to general liability and auto liabilily.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
For lnformatlon Only
I
AUTHORIZEO REPRESENTATIVE
<-
ACORD 2s (2016/03)
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Rebuild-it Services Group
4188 W Nike Drive
West Jordan, Utah 84088
www.rebuild-it.com
Glafillor
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PROPOSAL DATII: February 6,2023
BID DATE: February 23,2023
PREPARED FOR:
City of Tehachapi WWTP
115 South Robinson Street
Tehachapi, CA 93561
Attention: Don Marsh
PH:661-822-224A
E-Mail: drttursh,i?:tehachapipw.corn
Secondarv Clarifier Rehab Proiect
PLANT SUMMARY:
Plant has a EIMCO 75' O C3 Clarifier with C30LT
drive unit. Serial #24655-02
PREPARED BY:
Rebuild-it Services Group
A Sentry Equipment Company
4188 West Nike Drive
West Jordan, Utah 84088
Eric Anderson
Main: (888)709.s676
Mobile: (801)837.8444
E-Mail : eric.andersonr grrebu i ld-it.corn
Website : rebuild-it.com
Bebuild-it
u, A sEinRY EaUPMENT COMPANY
PROPOSAL NUMBER: Q98440
"iPlrusc notc this prolxrsirl is lrrtcmcti\c lirrlourconvcnicncc Fccl ticc to g[g[ orr an-r oflhc hlpt'rlinks lor hclptul rul'rrrnt:rtirrn
CITY OF
TE HACHAP!
CALIFORNIA
TOCAL REPRESENTATIVE:
Crowley Company
1586.l Business Center Drive
Irwindale, CA9l'106
ATTN: Mike Anderson
626.271,9942
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4ltNew Clarifiers - Replacement Drives - Oorr-Oliver ODS Pumps - Turn-key labor - Factory Parts - Rotary Distrlbutors - Drive Rebuilds tl,
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Proposal No. Q98440
SECOT{DARY
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PROJECT SUMMARY:
Rchuild-it Services Croup. [.LC. t RSG ) is pleased to offer the following proposal to offer a rebuilt C30LT drive unit with an adder option to rebuild existing C30LT drive unit to be used as a spare. RSG will offer professional turn-key labor services and a mobile clarifier bypass system to be utilized during the construction service. Serial No. 24655-02. The proposal is based on a recent visit from Rebuild-it Services Group.
SCOPE OF WORK:
C3OLT REBUILT DRIYE UNIT:
To include the following:
r EIMCO@ CgOtt Refurbished to like new condition, drives rated for 18,000 ft. lbs., with an output speed of .035 RPM, % HP motor on the 68' dia. mechanism. This completely refurbished drive unit has been rebuilt to factory specifications and drive unit is rated to match current C3OLT drive unit exactly.
. New motor drive package consisting of gear motor, sprockets, chain, stainless steel chain guard and required gear motor mounts. Motor drive package will be sized to match existing drive unit output torque and RPM.
r Stainless steel oil piping
r Three-layer paint system
. Torque control
o O&M manual
. Shipping to job site
. Engineering
o Installation hardware and shims
r Extended 3-year warranty (covers all pafts on
the drive)
Refurbished EIMCO@ Drive Unit by Rebuild-it
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Proposal No. Q98440
SBCONDARY CLA
Bebuild-it
DRIVE REBUILD SCOPE OF WORK FOR SPAR.E DRIVE:
We include the follow ing:
Rebuilding of the 30" EIMCO drive unit.
. Disassemble and inspect the drive unit.
r Steam clean and evaluate all parts.
. Provide an inspection report indicating the condition of the parts and provide a final recommendation for the drive rebuild.
o Blast and clean and all major reused parts for the drive unit, which includes the main gear, base or housing(s), pinion, worm gear, end cap and covers.
o Replace all wear items, such as bearings, seals, gaskets, keys, retaining rings, gauges, site glasses, piping and fasteners. o Replace motor drive assembly consistin g of a3/n hp gearmotor, chain, guard and sprockets.
o Replace the torque control device.
o Machine and polish all re-useable parts as needed.
o Re-assemble, paint, inspect and test the drive unit.
o Painting: Inside and out. (2) coats Tnemec epoxy N69F paint @ 3- 5 mils each coat. SSPC-6 blast, and metalprep is applied. . Freight to and from the job site.
o Warranty on parts and workmanship.
Items that are not included:
. Loading and offloading of the drive.
. Major components that are typically re-used as part of the rebuild scope.
Pinions, gears, housings, shafts and covers will be re-used as part of a standard rebuild. If these items are damaged and cannot be re-used, then the price of these individual components will be added to the order. . Lubricants (oilto be provided by the customer).
Note: This pricing is based on a typical (standard) rebuild and does not include the replacement of major components, i.e., gears, precision bearing, pinion, housing and covers. If any other these items are deemed to be replaced, there will be an additional charge for these item(s).
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Proposal No. Q98440
SECONDARY
Bebuild-it
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RSG DRIVE UNIT PREMIUM THREE LAYER COATING SYSTEM:
Rebuild-it's unique coating system provides a durable coating on the drive unit that is superior to what is typically provided.
All exterior drive unit surfaces:
Blast cleaned to SSPC-SP6Prime coat: Tnemec HiBuild Epoxy to a dry film thickness of 4.0 to 6.0 mils.
Color: Pencil Gray
o Final coat: UV protected industrial grade polyurethane coating to a dry film thickness of 6.0 mil minimum.
Color: Pencil Gray
All interior surface except for machined surfaces and gear faces:
o Power cleaned and then coated with a Tool Crib red
insulating varnish.
r All machined surfaces will be coated with LPS 3 Rust
Inhibitor. All reducers and motors will have the
manufacture's standard finish.
RSG Drive Rebuild Video (click picture below)
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Proposal No. Q98440
SECONDARY CLARI
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RSG TURN-KEY LABOR SERVICES:
The scope of work for this project is as follows:
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Site mobilization and travel time to the job site.
Remove/ Re-installation of existing walkway.
Removalof existing C3OLT drive unit.
Installation of the RSG C30LT rebuilt drive unit.
Evaluate mechanism and suggest improvements.
Furnish an inspection report with recommendations from
evaluation of clarifi er.
Modifo or make small repairs on site that don't require new components.
Adjust and level clarifier and skimmer mechanism.
Crane, mats, rigging equipment as needed.
Rake and drive leveling.
Touch up paint as needed.
Provide assistance during start-up & testing.
Provide all required confined space entry equipment,
hoisting & rigging.
A foreman/safety QC manager will be on site throughout
project.
Work to be performed in one ( I ) mobilization for swap.
Demobilization of personnel and equipment.
Field service start-up and check out services.
Prevailing wage
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This proposalexcludes the following items:
o Electrical disconnect and reconnect.
o New oil by customer.
r Permits, fees, and/or stamped engineering documents.
. Temp facilities including porta-johns and disposal bins. o Concrete demolition and/or repair.
o Evaluation does not include any components.
o Grouting of the tank or concrete work.
o Assumes reasonable access to basins.
. No coating on site- touch up paint only if needed.
. Hazardous material abatement, handling and/or disposal. . Any work not specifically included.
. Draining and cleaning of the tank.
. Disposing of old debris/parts.
. Lubrication for drive unit.
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Proposal No. Q98440
SECONDARY CLA
Bebuild-it
illobile Rotarv Screcn Thickencr Sr*stem Rental: See attached brochure antl snecification sheet for more details.
Tehachaoi requirements at 800"000 IIIGD
lncl udes the lbl lorvirr g:
Rotary Screen Thickener unit.
540-gallon fl occulation tank.
Capability rated at 555,000 GPM.
Controlpanel.
Centrifugal sludge feed pump.
Polymer make down and delivery system.
Thickened sludge pumpiprocessing cavity.
Mixing valve, 6" with poly injection ring.
6" flow meter.
6" inlet valve air to open / spring to close.
Skid mounted with piping.
Trailer with leveling kit.
Shipping to job site.
Training and field service.
We will be present on site to help troubleshoot or answer questions And we will also have a technician on call during the construction And operation of mobile to help.
Specifics:
Inlet consistency: 0.4Yo or higher.
Polymer dose: 5 to 15 per dry ton expected.
Outlet consistency: 4% - 8% total solids (will vary with sludge type).
Screens: .045" dia. x42Yo open area (304SS).
Feed rate: 150 GPM to 500 GPM - The sludge pump is rated at 125 GPM at full speed which could limit the inlet feed rate if the sludge concentration is high (15% or higher).
Excluded:
Polymer for mix tank.
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Note: See attached brochure and information packet
For more details.
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Proposal No. Q98440
SECONDARY
Eebulld-it
PRICING:
Base Bid Pricing:
Pricing to supply C30HT rebuilt drive unit turn-key labor for removal and installation as described above..... ,......$76,586.00
I ncludes 3-year warranty.
Mobile Thickener Rental Pricins:
Pricing for weekly rental unit, transportation, training, start-up and demobilization services as described above . $ 12,890.00 (estimated at 4-5 days)
Total Base Bid Pricing $89.476.00
Optional: Rebuild the existing customer's C3OLT drive unit to be used as a spare... .$24,467 .00
Note: lncludes freight to rebuild shop and back to job site.
Note: This is a full drive rebuild with new motor drive package and torque device.
SCHEDULE:
Supply of Rebuilt drive: 6-8 weeks.
Rebuilding of existing spare C30LT drive: 4-5 weeks.
Labor services: 2-3 days on site. One mobilization for turn-key labor, Check-out services: I day
Please be sure to reference this quotation number and date on your purchase order. Remit order to:
Sentry Equipment Company
P.O. Box 1493
West Jordan, Utah 84084
Attention : Candace King, crk i n gr gr rebu i ld-it. com 7 lrAffilqrffi(oi.n{Y
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Proposal No. Q98440
SECONDARY CLARIF
Bebnild-it
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PRICING AND PAYMENT TERMS:
We appreciate the opportunity to offer our parts & services. Upon receipt of an order, we assure you of our continued interest and service. RSG will provide the best service possible to ensure we exceed your expectations. The actual lead-times are based on the schedule and inventory at the time of ordering as lead times are subject to change according to the currentjob schedule.
This proposal, including all terms and conditions contained herein, shall become part of any resulting contract or purchase order. Changes to any terms and conditions, including but not limited to submittal and shipment days, payment terms, and escalation clause shall be negotiated at order placement, otherwise the proposal terms and conditions contained herein shall apply.
Terms: If not outline otherwise in the proposal, terms for the parts and/or equipment are 100% due after shipment or service is completed, Net 30 days from shipment or after service is completed. Il the project exceeds $50,000.00 for materials, then the payment terms are 5070 up front for engineering and raw materials and 50%o due shipment, still net 30 days. The prices are good for 60 days.
Sales Tax: No sales taxes, use taxes, or duties have been included in our pricing. We are required to collect sales tax for the following states; Utah, California, and Washington. If you are not tax exempt, please remit taxes directly to the governing authorities.
Freight: Prices quoted are F.O.B. shipping point with freight prepaid and shipped to a readily accessible location nearest to the jobsite, unless otherwise indicated, unless otherwise noted. AII claims for damage or loss in shipment shall be initiated by purchaser.
Shipment: Shipping times noted within this proposal are estimated and will be finalized once an order has been received and accepted.
Field Service: Prices do not include field service unless noted in the rebuild scope of work description. Additional field service is available at $1,200.00 per day plus expenses, Carbon and Stainless-Steel Escalation: Any material price increase from the proposal date to material procurement that is greater increase from the stated price of more than 50/o are herein subject to price escalation. The escalation shall be based on the increase of cost, without additional profit. Any revisions or changes requested by the customer will be priced on a case-by-case basis. The steel pricing and escalations are based on the material index located at www.steelbb.com.
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Proposal No. Q98440
SECONDARY
Eebtrild-it
WARRANTY & TERMS AND CONDITIONS:
Parts and/or Equipment manufactured or rebuilt and sold by Rebuild-it Services Group, once paid for in full, is backed by the following warranty:
For the benefit of the original user, RSG warrants all new parts and equipment sold or rebuilt by RSG, LLC. to be free from defects in material and workmanship, and will replace or repair, F.O.B, its factories or other location designated by it, any part or parts returned to which RSG's examination shall show to have failed under normal use and service by the original user within three (3) years following initial start-up, or three (3) years and six (6) months from shipment to the purchaser, whichever occurs first unless otherwise mentioned.
Such repair or replacement shall be free of charge for all items except for those items such as resin, filter media and the like that are consumable and normally replaced during maintenance, with respect to which, repair or replacement shall be subject to a pro-rata charge based upon RSG's estimate of the percentage of normal service life realized from tle part. RSG's obligation under this warranty is conditioned upon its receiving prompt notice of claimed defects, which shall in no event be later than thirty (30) days following expiration of the warranty period, and is limited to repair or replacement as aforesaid.
This warranty is expressly made by RSG and accepted by purchaser ln lieu of all other warrantles, lncluding warranties of merchantability and fitness for particular purpose, whether written, oral, express, implied, or statutory. RSG shall not be liable for normal wear and tear, corroslon, or any condngent, incidental, or consequential damage or expense due to partial or complete inoperability of its equipment for any reason whatsoever.
This warranty shall not apply to equipment or parts thereof which have been altered or repaired outside of a RSG factory, or damaged by improper installation, application, or maintenance, or subjected to misuse, abuse, neglecq accidenf or incomplete adherence to all manufacturer's requirements, including, but not limited to, Operations & Maintenance Manual guidelines & procedures. When buying a drive or drive rebuild, if the drive control has not been hooked up or disabled, the warranty on the drive is not valid. If the recommended or equivalent oil is not used or correct quantity is not applied, it will void the warranty. It is the customers responsibility to grease and lubricate the drives, if this is not done on a regular basis it will void the warranty.
This warranty applies only to equipment made or sold by Rebuild-it Services Group, LLC (RSG). RSG makes no warrant5r with respect to parts, accessories, or components purchased by the customer from others. The warranties which apply to such items are those offered by their respective manufacturers.
CONFIDENTIALITYI
All the information in this quotation is confidential and has been prepared for your use solely in considering services described. Transmission of all or any parts of this informationto others or use by you for other purposes lb unauthorized without our wrttten consent. 9 },,8{:T
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Proposal No. Q98440
SECONDARY CLARI
Eebrritd-lt
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TERMSAND CONDITIONS:
Terms and CondlHons appearlng ln any order based on this proposal which are inconsistent herewith shall not be binding on Rebuild-it Services Group (RSGJ. The sale and purchase ofequipment described hereln shall be governed exclusively by the foregoing proposal and the following provisions:
1. SPECIFICATIONS: RSG is furnishing its standard equipment as outlined in the proposal and as will be covered by final approved drawingsifapplicable. Theequipmentwill,however,meett}legeneralintentionofthemechanicalspecificationsofthesedocuments.
2.ITEMSINCLUDED: Thisproposalincludesonlytheequipmentspecifiedhereinanddoesnotincludeerection,installation,accessorles, nor associated materlals such as coneols, piping, etc., unless speciflcally listed.
3.PRICEANDDELIVERY: All sellingpricesquotedaresubiecttochangewithoutnoticeafter30daysfromthedateofthisproposal unless specified otherwise. Unless otherwise stated, all prices are F.0.8. RSG or its supplier's shipping points. All claims for damage, delay or shortage arising from such equipment shall be made by Purchaser direcdy against tIe carrier. When shipments are quoted F.0.8. iob site or other designatioo Purchaser shall inspect the equipment shipped, notifying RSG ofany damage or shortage within forty-eight hours ofreceipt, and failure to so notify RSG shall constjtute acceptance by Purchaser, relievinS RSG ofany liability for shipping damages or shortages.
4. PAYMENTS: All invoices are net 30 days. Delinquencies are sub.iect to a 1.5 percent service charge per month or the maximum permitted by law, whichever is less on all past due accounts. Pro rata payments are due as shipments are made. If shipments are delayed by the Purchaser, invoices shall be sent on the date when RSG is prepared to make shipment and payment shall become due under standard invoicing terms If the work to be performed hereunder is delayed by the Purchaser, payments shall be based on the purchase price and percentage ofcompletion, Products held for the Purchaser shall be at the risk and expense of the Purchaser. Unless specifically stated otherwise, prices quoted are for equipment only. These terms are independent ofand not contingent upon t}te time and manner in which the Purchaser receives payment from the owner.
5. INSTALLATION SUPERVISION; Prices quoted for equipment do not include installation supervision, unless otherwise noted. RSG recommends and will, upon reques! make available, RSG's then current rate, an experienced installation supervisor to act as the Purchaser's employee and agent to supewise installation of the equipmenL Purchaser shall at its sole expense furnish all necessary labor equlpment, and materials needed for installation.
Responsibility for proper operation ofequipmeng if not installed by RSG or installed in accordance with RSG or original manufacEure instructions and inspected and accepted in writinE by RSG or manufacture representing RSG.
RSG will supply the safety devices described in this proposal or shown in RSG's or manufacture represented drawings furnished as parl ofthis order but excepting these, RSG shall not be required to supply or install any safety devices whetler required by law or otherwise.
The Purchaser hereby agrees to indemnifu and hold harmiess RSG from any claims or losses arlsing due to alleged or actual insufficiency or lnadequary ofthe safety devlces offered or supplied hereunder, whether specifled by RSG or Purchaser, and from any damage resulting from the use ofthe equipmentsupplied hereunder.
6. ACCEPTANCE OF PRODUCTS: Products will be deemed accepted without any claim by Purchaser unless written notice of nonacceptance is received by RSG within 30 days ofdelivery ifshipped F.0.8. point of shipmeng or 48 hours ofdelivery if shipped P.0.8. point ofdestination. Such written notice shall not be considered received by RSG unless it is accompanied by all freightbills for said shipmenq with Purchaser's notations as to damaget shortages and conditions ofequipment, containers, and seals. Non-accepted products are subiect to the return policy stated below.
7. TAXES: Any federal, state, or local sales, use or other taxes applicable to this transaction, unless specifically included in the price, shall be for Purchaser's accounL
8. INSURANCE: From date of shipment until the invoice is paid in full, Purchaser agrees to provide and maintain at its expense, but for RSG benefi! adequate insurance includin& but not limited to, builders risk insurance on t}le equipment against any loss ofany nahrre whatsoever.
g.SHtPMENTS: AnyshipmentofdellverydatesrecitedrepresentRsc'sbestestimatebutnoliability,directorindirect,isassumedby RSG for failure to ship or deliver on such dates.
RSG shall have the right m make pardal shipments; and invoices covering the same shall be due and payable by Purchaser in accordance with the payment terms thereof. lf Purchaser defaults in any payment when due hereunder, RSG may, without incurring any liability therefore to Purchaser or Purchaser's customers, declare all paymenLs immediately due and payable with maximum legal interesl 10 ( ),1Ii( ''l'
Proposal No. Q98440
SECONDARY
Bebuitd-it
lraffi(u*rof corf
thereon from due date of said payment, and at its option, stop all further work and shipments until all past due payments have been made, and/or require that any further deliveries be paid for prior to shipmenL If Purchaser requests postponements ofshipments, the purchase price shall be due and payable upon nodce from RSG that the equipment is ready for shipment; and tlereafter any storage or otler charge RSG incurs on account of the equipment shall be for the Purchaser's account
lfdelivery is specified at a point other ti,an RSG or its supplier's shipping points, and delivery is postponed or prevented by strike, accident, embargo, or other cause beyond RSG reasonable conrol and occurring at a ]ocation other than RSG or its supplier's shipping points, RSG assumes no liability in delivery delay. If Purchaser refuses such delivery, RSG may store t}re equipment at Purchaser's expense. For all purposes ofthis agreement such tender ofdelivery or storage shall consdtute delivery.
10. SURFACE PREPARATION AND PAINTING: If furnished, shop primer paint is intended to serve only as minimal protecdve finish. RSG will not be responsible for the condition of primed or finish painted surhces after equipment leaves lts shops. Purchasers are invited to inspect paint in shops for proper preparadon and application prior to shipment. RSG assumes no responsibility for ffeld surface preparaEon or touch-up of shipping damage to paint Paindng of fasteners and other touch-up to painted surfaces will be by Purchaser's painting contractor after mechanism installation.
11. RETURN OF PRODUCTS: No products may b€ rehrmed to RSG wtthout RSG'S prior wiltten permlssion. Said permission may be withheld by RSG at its sole discretion.
12. BACK CHARGES: RSG will not approve or accept back charges for labor, materials, or other costs incurred by Purchaser or others in modificat!on, adjustment, service, or repair ofRSG furnished materials unless such back charge has been autlorized in advance in writing by a RSG employee and a purchase order, or work requisition signed by RSG.
13. INDEMNIFICATION: Purchaser agrees to tndemniff RSG from all costs incurred, including but notlimlted to courtcosB and reasonable attorney fees, from enforcing any provisions ofthls contract, includlng but not llmlted to breach of contract or costs incurred in collecting monies owed on this conEacL
14.ENT!REAGREEMENT: Thisproposalexpressestheentireagreementbetweenthepartiesheretosupersedinganyprior understandings and is not subiect to modification except by a writing signed by an authorized officer ofeach party.
15. ExTENDED STORAGE: Extended storage instructjons wil) be partofinformation provided to shipment Ifequipment installation and start-up is delayed more than 30 days, the provtsions ofthe storage instructions mustbe followed to keep WARRANTY in force.
16. LIABILITY: Professlonal liability insurance, includlng but not limlted to, errors and omissions insurance, is not included. In any event, liability for errors and omissions shall be limited to the lesser of 25,000USD or the value of the particular piece of equipment (not the value ofthe entire order) supplied by RSG againstwhich a claim is sought.
17. ARBITRATION NEGOTIATION: Any conEoversy or claim arising out ofor relating to the performance of any contract resulting from this proposal or contract issued, or the breach thereof, shall be settled by arbitration in accordance with tle Construction lndustry Arbtradon Rules ofthe American Arbitradon Association, and Judgment upon the award rendered by the arbitrator(s) may be entered to any court having iurisdicdon.
ACCEPTED BY PURCHASER
Customer Name: Customer Address:
Contact
Contact Phone: Contact Email:
Signature: Printed Name:
Title: Date:
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TEHACHAPI
COUNCIL REPORTS
MEETING DATE: APR!L 3,2023 AGENDA SECTION: DEVELOPMENT SERVICES
APPROVED
DEPARTMENT
CITY MANAGER
TO: HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: JAY SCHLOSSER, PE, DEVELOPMENT SERVICES D!RECTOR
DATE: MARCH 28,2023
SUBJECT: DRAINAGE BENEFIT ASSESSMENT DISTRICT NO 18 FORMATION As a condition of the approval of the Tehachapi RV Park & Mini-Storage Project approval (located on Tehachapi Boulevard between Dennison Road and Bailey Court), the subject property is to be added to the newly formed Drainage Benefit Assessment District 18 (DBAD-1B). The services offered include storm water management for the subject site by expanding the existing City drainage sump located on Bailey Court. City Staff, working with Willdan Financial Services has prepared the formation document. Therefore, this action by the City Council initiates the process and declares the City's intention to levy assessments within the Drainage Benefit Assessment District No. 18. This action also sets the time and place for the public hearing on this issue.
The total maximum annual maintenance and administration costs to the District are 59,546.89. Annual District costs are funded through the assessments placed on the property tax bills.
RECOMMEN
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEHACHAPT, INITIATING THE PROCEEDINGS FOR THE FORMATION OF DRAINAGE BENEFIT ASSESSMENT DISTRICT NO. 18 (PARCEL MAP 11353); AND THE LEVY AND COLLECTION OF ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 202312024.
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEHACHAPI, DECLARING ITS INTENTION TO FORM THE TEHACHAPI, DRAINAGE BENEFIT ASSESSMENT DISTRICT NO. 18 (PARCEL MAP 11353); AND
DECTARING ITS TNTENTION TO CONDUCT A PROPERW OWNER BALLOTING ON THE MATTER OF NEW ASSESSMENTS RELATED THERETO COMMENCTNG WlrH FTSCAL YEAR 202312024.
CALIFORNIA
TEHACHAPI
CALIFORNIA
CITY OF
27368 Via lndustria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 80O.7s5.6864
F 951.587.3s1O | 888.326.6864
Property Tax lnformatlon Line
T.866.807.6864
www.willdan.com
CITY OF TEHACHAPI
Engineer's Report
Proposed Formation of
Drainage Benefit
Assessment District No. 1B
(Parcel Map 11353)
Establishment of Annual Assessments
Commencing Fiscal Year 202312024
lntent Meeting: April 3,2023
Public Hearing: June 5,2023
"{{wt LLDAN
ENGIN EER'S REPORT AFFIDAVIT
City of Tehachapi
DRAINAGE BENEFIT ASSESSMENT DISTRICT NO. 1B
(PARCEL MAP 113s3)
Formation of the District and Establishment of Annual Assessments City of Tehachapi,
County of Kern, State of California
This Report describes the proposed formation of the City of Tehachapi Drainage Benefit Assessment District No. '1B (Parcel Map 1 1353) including the improvements, budgets, and assessments to be levied commencing fiscal year 202312024 as existed at the time of the passage of the Resolution of lntention and described herein. Reference is hereby made to the Kern County Assessor's maps for a detailed description of the lines and dimensions of parcels within the proposed district. The undersigned respectfully submits the enclosed Report as directed by the City Council.
Dated this day of 2023
Willdan Financial Services
Assessment Engineer
On Behalf of the City of Tehachapi
By:
Stacee Reynolds
Principal Consultant
By:
Tyrone Peter
R. C. E. # C81888
fft/wILLDAN Page i
A. !NTRODUCTION
B. BALLOTPROCEEDINGS C. REPORTCONTENTS
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2 A. PROPERTIESWITHIN THE DISTRICT
B. FUNDING AUTHORIZED BY THE 1982 ACT
C. IMPROVEMENTS AND SERVICES
4 4
4 A. BENEFITANALYS!S
B. METHODOLOGY
C. ASSESSi'ENTRANGEFORMULA
6 7
9 DI
v. 20222023 ASSESSiTENT ROLL 13
,t{wtLLDAN Page ii
TABLE OF CONTENTS
ovERvlEw 1
t. PLANS AND SPECIFICATIONS 4
II. METHOD OF APPORTIONMENT 6
III. DISTRICT BUDGET IO
City of Tehachapi
Engineer's Report
Drainage Benefit Assessment District No. 1B
(Parcel Map 11353)
OVERVIEW
A. INTRODUCTION
Pursuant to the provisions of the Benefit Assessment Act of 1982, being Chapter 6.4 of the California Government Code, commencing with Section 54703 (hereafter referred to as the "1982 Act"), and in compliance with the substantive and procedural requirements of the California State Constitution Article XlllD (hereafter referred to as the "Califomia Constitution"), the City Council of the City of Tehachapi, County of Kern, State of Califomia (hereafter referred to as "City"), propose to form and levy special benefit assessments for the district to be designated as:
Drainage Benefit Assessment District No. 1B
(Parcel Map 11353)
(hereafter refened to as "District"), which includes Accesso/s Parcel Number ("APN") 223-190'44 that will receive special beneflt from the drainage improvements installed and maintained in connection with the existing Drainage Benefit Assessment District No. 1 (Parcel Map 1 1353) and the development of this nonresidential parcel within the City limits of Tehachapi. This Enginee/s Report (hereafter referred to as "Report") has been prepared in connection with the formation of said District and the levy and collection of annual assessments related thereto commencing in fiscal year 202312024, as required pursuant to Section 54716 of the 1982 Act.
The City Council proposes to form the District, and levy and collect annual assessments on the County tax roll to provide ongoing funding for the costs and expenses required to service and maintain drainage improvements and appurtenant facilities that are necessary and essential requirements for the development of the properties within the District to cause the protection of those properties and the surrounding ecological environment from flooding. The improvements to be provided by the District and the assessments described herein are made pursuant to the 1982 Act and the substantive and procedural provisions of the California Constitution.
The formation of this District and the assessments described herein will provide a funding source for the continued operation and maintenance of the drainage improvements that are directly associated with the development of properties within the District and for the special benefit of those properties.
The budgets and assessments described in this Report are based on the planned improvements and development requirements associated with the expansion of Tract No. 11353. The budgets described herein, represent an estimate of the direct expenditures, incidental expenses, and fund balances that will be necessary to ensure proper maintenance, servicing and funding needs to support the drainage improvements that provide special benefit to properties within the District, The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assesso/s Parcel Number by the Kern County Assesso/s Office, The Kern County Auditor-Controller uses Assesso/s Parcel Numbers and specific Fund Numbers to identify properties to be assessed on the tax roll for the special benefit assessments.
,$wtLLDAN Page 1
City of Tehachapi
Engineer's Report
Drainage Benefit Assessment Distnct No. 1 B
(Parcel Map 11353)
B. BALLOT PROCEEDINGS
As part of this District formation, the City shall conduct a property owner protest ballot proceeding for the proposed levy of a new assessment pursuant to the provisions of the California Constitution, Article XlllD Section 4. ln conjunction with this ballot proceeding, the City Councilwill conduct a public hearing to consider public testimonies, comments and written protests regarding the formation of the District and levy of assessments. Upon conclusion of the public hearing, property owner protest ballots received will be opened and tabulated to determine whether majority protest exists (ballots shall be weighted based on the calculated proportional assessment amount for each benefiting parcel), and by resolution the City Council will confirm the results of the ballot tabulation. lf majority protest exists, proceedings for the formation of the District and the levy of the proposed assessments shall be abandoned. lf tabulation of the ballots indicates that majority protest does not exist for the proposed assessments and the assessment range formula presented and described herein, the City Council may approve the Report (as submitted or amended), order the formation of the District, and approve the levy and collection of assessments. ln such case, the assessments for fiscal year 2023t2024 shall be submitted to the Kern County Auditor-Controller for inclusion on the property tax roll for each parcel,
C. REPORT CONTENTS
Plans and Specifications: A description of the District boundaries and the proposed improvements associated with the District. The District is being formed with a single benefit zone encompassing all properties within the territory identified as Drainage Benefit Assessment District No. 1 B (Tract No. 1 1353).
Method of Apportionment: A discussion of benefits, the improvements and services provide to properties within the District, and the method of calculating each property's proportional special benefit and annual assessment. This section also identifies and outlines an Assessment Range Formula that provides for an annual adjustment to the maximum assessment rate that establishes limits on future assessments, but also provides for reasonable cost adjustments due to inflation without the added expense of additional property owner protest ballot proceedings
The District Budqet: An estimate of the annual costs to operate, maintain and service drainage improvements related to the properties within the District. This budget includes an estimate of anticipated direct maintenance costs and incidental expenses including, but not limited to administration expenses and the collection of appropriate fund balances to establish an initial maximum assessment to be approved by the property owners of record. The special benefit maximum assessment proposed for this District is based on an estimate of the annual maintenance and operational expenses at full build out of the improvements. The proposed assessments for the first flscal year (202312024), and each subsequent year shall be based on the estimated net annual cost of operating, maintaining and servicing the District improvements for that fiscal year. The proposed maximum assessment (Rate per Equivalent Benefit Unit) identified in the budget of this Report establishes the initial maximum assessment rate for the District in flscal year 202312024 and shall be adjusted annually by the Assessment Range Formula described in the method of apportionment.
District Diaoram: A Diagram showing the exterior boundaries of the District is provided in this Report and includes all parcels that will receive special benefits from the improvements. Parcel identification, the lines and dimensions of each lot, parcel and subdivision of land within the District, are inclusive of all parcels as shown on the Kern County Assesso/s Parcel Maps as they existed at the time this Report was prepared and includes all subsequent subdivisions, lot line adjustments or parcel changes therein. Reference is hereby made to the Kern County Assesso/s maps for a detailed description of the lines and dimensions of each lot and parcel of land within the District.
rlt/wTLLDAN Page2
City of Tehachapi
Engineer's Report
Drainage Benefit Assessment District No. 1B
(Parcel Map 11353)
Assessment Roll: A listing of the proposed assessment amount to be presented to the property owners of record in the protest ballot proceedings required pursuant to the provisions of the California Constitution. The proposed assessment amount for each parcel is based on the parcel's proportional special benefit as outlined in the method of apportionment and the proposed initial maximum assessment rate. ,t(wtLLDAN Page 3
City of Tehachapi
Enginee/s Report
Drainage Benefit Assessment District No. 1B
(Parcel Map 11353)
I. PLANS AND SPECIFICATIONS
A. PROPERTIES WITHIN THE DISTRICT
Drainage Benefit Assessment District No. 1B, (Parcel Map 1 1353), will consist of one (1) parcel designated for non-residential purposes.
The purpose of the District is to ensure the ongoing maintenance, operation, and servicing of drainage improvements installed in connection with development of properties within the District. This District will provide the financial mechanism (annual assessments) by which the ongoing operation and maintenance of these improvements will be funded.
The District structure, proposed improvements, method of apportionment and assessments described in this Report are based on current development and improvement plans including all estimated direct expenditures, incidental expenses, and reserves associated with the maintenance and servicing of the improvements.
The District is located within the boundaries of the City of Tehachapi, generally situated along East Tehachapi Boulevard between Dennison Road and Bailey Court.
B. FUNDING AUTHORIZED BY THE 1982 ACT
As generally defined by the Benefit Assessment Act of 1982 and applicable to this District, the City may impose a benefit assessment to finance the maintenance and operation costs of the following services:
1) Drainage;and
2) Flood control.
ln addition to imposing a benefit assessment for the annual maintenance and operation of the District improvements, the City may also authorize an assessment or utilize existing assessment revenue to finance the installation, construction or replacement of drainage and flood control facilities. While such activities are permitted under the 1982 Act, the budget and assessments for this District only provide for normal maintenance and operation of the improvements. Since most major rehabilitation/construction projects result from unforeseen damages, the extent and cost of such projects are not easily predicted and to accumulate funds as part of the normal annual assessments is not practical. lf such funding becomes necessary, the City may present a new or increased assessment to the property owners to support such projects, C. IMPROVEMENTS AND SERVICES
The purpose of this District is to fund the activities necessary to maintain and service the corresponding drainage improvements required of properties within the District. The maintenance and operation of these improvements may include but are not limited to all materials, equipment, labor, and incidental expenses deemed necessary to keep these improvements in satisfactory condition as well as the collection of assessment installments for the periodic service activities, repair or rehabilitation of various improvements and facilities (not capital improvements expenditures or replacement of the drainage infrastructure). ,t{wtLLDAN Page 4
City of Tehachapi
Engineer's Report
Drainage Benefit Assessment District No. '1B
(Parcel Map '1'1353)
Detailed maps and descriptions of the location and extent of the improvements to be maintained by the District are on file with Public Works and by reference are made part of this Repo(. These plans and specifications may be amended or modified from time to time to reflect future property development within the District or necessary changes to the planned developments currently approved by the City. The net annual cost to provide and maintain the improvements determined to be of special benefit shall be allocated to each property in proportion to the special benefits received from those various improvements. The District improvements and services are generally described as follows.
DRAINAGE MAINTENANCE:
The proposed services involve the maintenance and operations of the expansion of the basin. The expansion increases the existing basin of 49,400 square feet by approximately 18,000 (total 67,400) square feet and are as follows:
. Basin maintenance;
. All appurtenant facilities, equipment, materials, and utilities related to the aforementioned improvements; and
o Maintenance and operations of drainage facilities.
{lwrr-rDAN Page 5
City of Tehachapi
Engineer's Report
Drainage Benefit Assessment District No. 1B
(Parcel Map 1 1353)
II. METHOD OF APPORTIONMENT
The 1982 Act permits the establishment of assessment districts by agencies for the purpose of providing for the maintenance, operation and servicing of drainage and flood control improvements as well as streets, roads, and appurtenant facilities. The 1982 Act further requires that the cost of these improvements be levied according to benefit ratherthan assessed value:
"The amount of the assessment imposed on any parcel of property shall be related to the benefit to the parcel which will be derived from the provision of the service." Furthermore:
"The annual aggregate amount of the assessment shall not exceed the estimated annual cost of providing the service, except that the legislative body may, by resolution, determine that the estimated cost of work authorized ... is greater than can be conveniently raised from a single annual assessment and order that the estimated cost shall be raised by an assessment levied and collected in installments..., The revenue derived from the assessment shall not be used to pay the cost of any service other than the service for which the assessment was levied."
The method of apportionment described in this Report for allocation of special benefit assessments reflects the composition of parcels within the District and the improvements and services provided, to fairly apportion the costs based on the special benefits to each parcel.
A. BENEFIT ANALYSIS
The ongoing maintenance and servicing of the District improvements is an integral part of the use and preservation of the properties within the District and as such confer a particular and distinct special benefit to those parcels. The proper maintenance of the improvements and appurtenant facilities allows individual parcels to be developed and used to their fullest extent by ensuring adequate drainage and proper control of excess water during periods of rain, which is essential to preservation and protection of private property. ln reviewing the drainage analysis prepared in connection with the development of properties in Parcel Map 11353 it was determined that improvements to be maintained through this District are necessary to provide drainage and control of excess water during periods of rain for properties within the District. That analysis indicated that the drainage and flow of excess water during periods of rain from surrounding properties will not be addressed by the District improvements and these improvements are only necessary to mitigate water run-off from the properties in the District. Therefore, it has been determined that these drainage improvements and the maintenance and servicing of such improvements is entirely a special benefit to properties in the District and there is no quantifiable general benefit to properties or the public at large. ,t(wtLLDAN Page 6
City of Tehachapi
Engineer's Report
Drainage Benefit Assessment District No. 1B
(Parcel Map '11353)
B. METHODOLOGY
All costs associated with the improvements and services shall be fairly distributed among the parcels based upon the special benefit received by each parcel. Additionally, in compliance with the California Constitution Article XlllD Section 4, each parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred to that parcel. The method of apportionment established for this District and described herein, reflects the proportional special benefit each property receives from the improvements and services based on the actual or proposed land use of that parcel as compared to other properties within the District. The benefit formula used to determine the assessment obligation for each parcel is based upon both the type of improvements that benefit that particular parcel as well as the proposed land use of each property as compared to other parcels that benefit from those specific improvements.
Upon review of the improvements and the proposed development of properties within the District it has been determined that all properties receive similar special benefits from each of the improvements and services to be funded by annual assessments and a single zone of benefit is appropriate for the allocation of the assessments and proportional special benefit.
EQUIVALENT BENEFIT UNITS:
To assess benefits equitably, it is necessary to relate the different type of parcel improvements to each other.
The Equivalent Benefit Unit ("EBU") method of assessment apportionment uses the single-family home site as the basic unit of assessment. A single-family home site equals one EBU. Every other land use is converted to EBUs based on an assessment formula that equates the property's specific development status, type of development (land use), and size of the property, as compared to a single-family home site, The EBU method of apportioning benefit is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1982 Act, as the benefit to each parcel from the improvements are apportioned as a function of land use type, size and development.
EBU APPLICATION BY LAND USE:
Single-Family Residential
-
This land use is defined as a fully subdivided residential home site with, or without, a structure or planned single-family residential lot as identified by a submitted or approved tentative tract map or final tract map. This land use is assessed 1.0 EBU per lot or parcel. This is the base value that all other land use types are compared and weighted against (i.e., Equivalent Benefit Unit or EBU).
Multi-Family Residential
-
This land use is defined as a fully subdivided residential parcel that has more than one residential unit developed on the property or planned residential lot as identified by a submitted or approved tentative tract map or final tract map. This land use is assessed 1.0 EBU per dwelling unit.
Developed Commercial- This land use is defined as property developed for either commercial or industrial use. This type of property receives greater beneflt than Single-Family or Multi-Family property due to typically larger lot sizes in relation to residential properties. With typical Single-Family Residential ('SFR') lot sizes at .25 acres, Developed Commercial land use type is assessed at 4.0 EBU per gross acre. Parcels less than .25 acres are assigned a minimum of 1.0 EBU and there is no maximum acreage cap, as is the case with Vacant Non-Residential Property.
Non-Profit Parcels
-
This land use is defined as property developed for non-profit activities such as Churches or Lodges. This type of property does receive benefit from the District improvements but at a rate that coincides with the sporadic intensity of people use for the parcel. Non-profit land use type is assessed at
0.25 EBU per gross acre. Parcels less than 1.00 gross acres are assigned a minimum of 0.25 EBU. ,t{wtLLDAN PageT
City of Tehachapi
Enginee/s Report
Drainage Benefit Assessment District No. 1B
(Parcel Map 1 1353)
Vacant Residential
-
This land use is defined as property currently zoned for residential development, but a tentative or final tract map has not been submitted and/or approved. This land use is assessed at 0.5 EBU per parcel.
Vacant Non-Residential- This land use is defined as property currently zoned for any non-residential use, but a tentative or flnal tract map has not been submitted and/or approved. This land use is assessed at 1,0 EBU per gross acre. Parcels less than 1 gross acre are assigned a minimum of 1.0 EBU. Parcels over 50 gross acres are assigned a maximum of 50 EBU.
Exempt Parcels
-
This land use identifies properties that are not assessed and are assigned 0.0 EBU, This land use classification may include, but is not limited to, lots or parcels identified as public streets and other roadways (typically not assigned an APN by the County); dedicated public easements, open space areas and right-o[ways including greenbelts and parkways; utility right-of-ways; common areas, sliver parcels and bifurcated lots or any other property that cannot be developed; publicly owned properties that are part of the District improvements or that have little or no improvement value. These types of parcels are considered to receive little or no benefit from the improvements and are therefore exempted from assessment.
The following table provides a listing of land use types, land use code designations, the Equivalent Benefit Unit factor applied to that land use type, and the multiplying factor used to calculate each parcel's individual EBU.
The benefit formula applied to parcels within the District is based on the preceding Equivalent Benefit Unit (EBU) table. Each parcel's EBU correlates the parcel's special benefit received as compared to all other parcels benefiting from the improvements.
The following formula is used to calculate each parcel's EBU (proportional benefit) Parcel Type EBU x Acreage/Dwelling Units/Parcel/Lot = Parcel EBU The total number of EBUs is the sum of all individual EBUs applied to parcels that receive a special benefit from the improvement. An assessment amount per EBU (Rate) for each improvement is established by taking the total cost of the improvement and dividing that amount by the total number of EBUs of all parcels benefiting from the improvement. This Rate is then applied back to each parcel's individual EBU to determine the parcel's proportionate benefit and assessment obligation for that improvement.
Total Balance to Levy / Total EBU = Levy per EBU
Levy per EBU x Parcel EBU = Parcel Levy Amount
Property Type Land Use Code EBU Multiplier
\,l/wTLLDAN Page 8
Single-Family Residential
Multi-Family Residential
Developed Commercial
Non-Profit Parcel
Vacant Residential
Vacant Non-Residential
Exempt Parcel
SFR
MFR
coM
NP
RV
NRV
XMT
1.00 1.00
4.00 0.25
0.s0
1.00 0.00
LoUParcel
Unit
Gross Acre
Gross Acre
LoUParcel
Gross Acre
Parcel
City of Tehachapi
Engineer's Report
Drainage BenefitAssessment Distnct No. 1B
(Parcel Map 11353)
C. ASSESSMENT RANGE FORMULA
Any new or increased assessment requires certain noticing and meeting requirements by law, Prior to the passage of Proposition 218 (California Constitution Articles Xlll C and Xlll D), legislative changes in the Brown Act defined a "new or increased assessment" to exclude certain conditions. These conditions included "any assessment that does not exceed an assessment formula or range of assessments previously adopted by the agency or approved by the voters in the area where the assessment is imposed." This definition and conditions were later confirmed through Senate Bill 919 (Proposition 218 implementing legislation).
The purpose of establishing an Assessment Range Formula is to provide for reasonable increases and inflationary adjustment to annual assessments without requiring costly noticing and mailing procedures.
Commencing with fiscal year 202312024, the amount of the maximum assessment will increase to adjust for increases in labor and material costs, the maximum assessment rate will correlate with Drainage Benefit Assessment District No. 1. The increase will be based upon the annual change in the Consumer Pnce lndex ('CPl'), All Urban Consumers, for the Los Angeles-Riverside-Orange County Area, as determined by the United States Department of Labor, or its successor, without conducting another mailed ballot election. The Engineer shall compute the percentage difference between the CPI for February to February and shall then adjust the existing assessment by an amount not to exceed such percentage for the following fiscal year.
Should the Bureau of Labor Statistics revise such index or discontinue its preparation, the Engineer shall use the revised index, or a comparable system as approved by the City Councilfor determining fluctuations in the cost of living.
The Maximum Assessment is adjusted annually and is calculated independent of the annual budget and proposed annual assessment. Any proposed annual assessment (rate per EBU less than or equal to this Maximum Assessment) is not considered an increased assessment, even if the proposed assessment is greater than the assessment applied in the prior fiscal year.
Although the Maximum Assessment will increase each year, the actual assessment may remain unchanged.
The Maximum Assessment adjustment is designed to establish a reasonable limit on assessments. The Maximum Assessment calculated each year does not require or facilitate an increase to the annual assessment and neither does it restrict assessments to the adjusted maximum amount. lf the budget and assessment for the fiscal year do not require an increase, or the increase is less than the adjusted Maximum Assessment, then the required budget and assessment may be applied without additional property owner balloting. lf the budget and assessments calculated requires an increase greater than the adjusted Maximum Assessment, then the assessment is considered an increased assessment and would be subject to balloting. vl/wruDAN Page 9
City of Tehachapi
Engineer's Report
Drainage Benefit Assessment District No. 1B
(Parcel Map 11353)
III. DISTRICT BUDGET
The following budget outlines the estimated annual costs to be collected and deemed necessary for the operation, maintenance, and servicing of the improvements for the District. The maximum assessment (Rate per Equivalent Benefit Unit) identified by this budget establishes the initial maximum assessment for the District in fiscal year 202212023. This assessment rate shall be adjusted annually by the Assessment Range Formula described in the method of apportionment and collectively this assessment rate and inflationary adjustment will be presented to the property owners of record for approval as part of the balloting process for new or increased assessments in accordance with the provisions of the California Constitution, Article Xlll D. ,t{wtLLDAN Page 10
City of Tehachapi
Engineer's Report
Drainage Benefit Assessment District No. 1B
(Parcel Map 11353)
The Budget is based on the City's estimate ofthe expenses and related funding necessary for the operation, maintenance and servicing of the improvements identified in this Repo( for fiscal year2022/2023. Maximum Rate will increase for ftscd year 2023/24.
Basin prep for rainy season
Weekly maintenance during rainy season
Weekly maintenance during non-rainy season
Pump station service visits (2lyear\
Misc. equipment fees
Total Maintenance Costs
$679.76
679.76
641,69
0.00 537.01
$2,538.21
Power Consumption
Pumps
Total Power Costs
$0.00
$0.00
Pump and Motors ($30,000 every 15 years)
Electrical Equipment ($10,000 every 30 years)
Total Replacement Cost per year
$2,719.03
$3,171.75
Levy Administration and Professional Services
County Collection Fee
City Overhead and Administration
Reserve Collection/(Transfer)
Total Administration Costs
$1 ,835.1 6
8.08 1 ,616.20
377.49
$3,836.93
TOTAL DIRECT AND ADUIN COSTS
Balance to Levy (Budgeted) $9,546.89
Total Assessable Parcels with New Area 1B
1B Balloted EBU FY 22123
Total District 1 and 1B Equivalent Benefit Units
Adjusted Assessment Rate per Benefit Unit with 1B
Balloted Maximum Rate per Benefit Unit
Fiscal Year 2022123
14 119.92
203.76
$46.85
7 DBAD No.1B
DIRECT COSTS Costs)
DIRECT COSTS
ADMINISTRATION COSTS
CoLLECTIONS(CREDTTS) APPLTED TO LEVY
DISTRICT STATISTICS
,t{wTLLDAN Page 1 1
Drainage Benefit Assessment District No. 1B (Parcel Map 11353) Levy ComDonents
DIRECT COSTS (Basin Maintenance)
0.00 $9.546.89
City of Tehachapi
Enginee/s Report
Drainage Benefit Assessment District No. 1B
(Parcel Map 11353)
IV. DISTRICT DIAGRAM
The following District Diagram identifies the area of land within the District to be designated as "Drainage Benefit Assessment District No. 1B (Parcel Map 1 1353)," based on the development and improvement plans for the District, Kern County Assessois Maps, and Kern County Assesso/s property information as the same existed at the time this Report was prepared. The District includes Kern County Assessor's Parcel Map Book 223, Page 19, Parcel44, The combination of this map and the Assessment Roll contained in Part V of this Report constitute the Assessment Diagram for the District. The maximum assessment rate, assessment range formula and the proposed assessment amount for each of the lots and parcels of land within the District, as described herein, shall be presented to the property owners of record for approval or protest in accordance with the provisions of the Califomia Constitution.
City of Tehachapi Drainage Benefit
Assessment District No. 1B
Ctry of Tr.rdlap.
Co6ty o, Kcm
St tc ol Ca&fo.nl'
*+.
S
rerqcuaetrro
I
i
t
Lcgcnd
L..-.i O.tE gddry
r AP}{2AleO-4.
,t{wtLLDAN
tllwtt-tonr.l
City of Tehachapi
Engineer's Report
Drainage Benefit Assessment District No. 1B
(Parcel Map 11353)
V. 202212023 ASSESSMENT ROLL
Parcel identification for each lot or parcel within the District is outlined in the preceding Assessment Diagram and is based on available parcel maps and property data from the Kern County Assesso/s Office at the time this Enginee/s Report was prepared. A listing of the lots and parcels to be assessed within this District commencing in fiscal year 202312024, along with the assessment amount for each such lot or parcel is provided below. lf any parcel submitted for collection is identified by the County Auditor-Controller to be an invalid parcel number for the fiscal yeat, a corrected parcel number and/or new parcel numbers will be identified and resubmitted to the County Auditor-Controller, The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rates described in this Report as approved by the City Council.
Therefore, if a single parcel is subdivided to multiple parcels, the assessment amount applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and assessment rate rather than a proportionate share of the original assessment amount. 223-190-44 29,98 Developed Commercial 1 '19.92 $244.47
APN Acreage Designated Land Use
Maximum
Assessment
Rate
EBU
r^/wruDAN Page 13
cn oF
ftHACHAPI
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEHACHAPI, INITIATING PROCEEDTNGS FOR THE FORMATION
oF DRATNAGE BENEFIT ASSESSMENT D|STRICT NO. 18 (pARCEr
MAP 11353); AND THE IEVY AND COttECTtON OF
ASSESSMENTS RETATED THERETO COMMENCING WITH FISCAT
YEAR202?12024
WHEREAS, the City Council pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 5.4, Division 2, Title 5 of the Government Code of the State of California commencing with Section 54703 (hereafter referred to as the "Act") desires to initiate proceedings for the formation of "Drainage Benefit Assessment District No. 18 (Parcel Map 11353)" (hereafter referred to as the "District"); and to levy and collect annual assessments to pay for the operation, maintenance and servicing of drainage improvements and appurtenant facilities related thereto; and,
WHEREAS, the City has retained Willdan Financial Services as the Engineer of Work, for the purpose of assisting with the formation of the District, the establishment of annual assessments, and to prepare and file an Enginee/s Report with the City Clerk in accordance with Section 54776 of the Act and the provisions of the California Constitution Article XlllD (hereafter referred to as the "Constitution").
NOW, THEREFORE, THE CIW COUNCIT OF THE CITY OF TEHACHAP! DOES HEREBY RESOTVE AS FOLTOWS:
Section 1: The above recitals are true and correct
Section 2: The City Council hereby orders Willdan Financial Services to prepare and file with the City Clerk an Enginee/s Report concerning the formation of the District and the levy of special benefit assessments for properties therein.
Section 3: The purpose of this District is to fund the activities necessary to fund the ongoing maintenance and servicing of the drainage improvements within the District that is for the benefit of properties therein and that have been required for the development of such properties to their full and best use. The maintenance and operation of these improvements may include but are not limited to all materials, equipment, labor, and incidental expenses deemed necessary to keep the drainage improvements and facilities in satisfactory condition as well as the collection of assessment installments for the periodic service activities, repair, or refurbishments of the improvements. Detailed maps and descriptions of the location and extent of the specific improvements to be maintained by the District are on file in Public Works of the City of Tehachapi and by 1 LECAL DAARruENT
cm ot
MAGAPI
I-F6AL DPAruNT
Section 4: The territory of land within the proposed District includes one parcel of land consisting of 29.98 acres within the City of Tehachapi, the County of Kern, State of California, and is generally situated on East Tehachapi Boulevard between Dennison Road and Bailey Court. The territory of land within the District includes parcels identified by the Kern County Assessor's Office as Assessor Parcel Numbers book 223, page 19, parcel 44; and shall include all subsequent subdivisions, lot line adjustments or parcel changes therein.
PASSED AND ADOPTED this 3'd day of April 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
MICHAEL DAVIES, Mayor of the
City of Tehachapi, California
ATTEST:
TORI MARSH, CMC, City Clerk of the City of
Tehachapi, California
I hereby certifo that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Tehachapiat a regular meeting thereof held on the 3RD day of April 2023.
TORI MARSH, CMC, City Clerk of the City of
Tehachapi, California
2 reference these plans and specifications are made part of this Resolution. ctryoF
EACHAPI
LrcAL DEARilNT
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIT OF THE CITY OF
TEHACHAPI, DECLARING tTS INTENTION TO FORM THE
TEHACHAPI, DRAINAGE BENEFTT ASSESSMENT DISTRICT NO. 18
(PARCEI MAP 11353); AND DECLARING lTs INTENTIoN TO
CONDUCI A PROPERTY OWNER BALTOTING ON THE MATTER
OF NEW ASSESSMENTS RETATED THERETO COMMENCTNG
wrTH FrscAr YEAR 202312024
WHEREAS, the City Council pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 5.4, Division 2, Title 5 of the Government Code of the State of California commencing with Section 54703 (hereafter referred to as the "Act"), did by previous Resolution, initiate proceedings for the formation of the "Tehachapi Drainage Benefit Assessment District No. 18 (Parcel Map 10997)" (hereafter referred to the "District"); and to levy and collect annual assessments to pay for the maintenance and operation of drainage improvements and appurtenant services related thereto; and, WHEREAS, the City Council desires to form the District; and to levy and collect annual assessments against lots and parcels of land within the District to pay the cost and expenses related to the drainage improvements to be provided by the District and authorized by the Act and the provisions of the California Constitution Article XlllD (hereinafter referred to as the "Constitution"); and,
WHEREAS, the Assessment Engineer of Work has prepared and filed with the City Clerk an Enginee/s Report (hereafter referred to as the "Report") in connection with the formation of the District and the levy of assessments related thereto, commencing with fiscal year 2023/2024 (July 1,2023, and ending June 30, 2O24lin accordance with Section 547L6 of the Act and the Constitution; and said Report has been presented to the City Council.
NOW, THEREFORE, THE CITY COUNCIT OF THE CITY OF TEHACHAPI DOES HEREBY RESOLVE AS FOIIOWS:
Section 1: The above recitals are true and correct
Section 2: The territory of land that comprises the District incorporates all of the lots and parcels of land that will receive a special benefit from the improvements to be maintained, operated, and serviced through the District and those lots and parcels of land are inclusive of Assessor Parcel Number book 223, page 19, parcel 44. 1 mot
EHACHAPI
ItrAI.DPAIfrN
Section 3: The proposed improvements and services to be provided and for which properties shall be assessed, include but are not limited to the regular maintenance, operation and incidental expenses related to the local drainage improvements within the public property, right-of-ways or easements which shall be maintained by the City for the special benefit of the properties therein. The Engineer's Report prepared in connection with these proceedings provides a more detailed description of the improvements and associated costs.
Section 4: The Enginee/s Report as presented consists of the following:
a) Plans and Specifications; b) Method of Apportionment that details the method of calculating the proportional special benefits and the annual assessment obligation for each affected parcels including a description of an "Assessment Range Formula" that provides for an annual inflationary adjustment to the maximum assessment rate; c) District Budget that details the estimated annual costs and expenses to provide the improvements establishing the proposed initial "Maximum Assessment Rate"; d) Assessment Diagram (Boundary Map); and e) Assessment Roll containing the proposed assessment to be levied for each Assessor Parcel Number within the District based on the maximum assessment rate and method of apportionment described therein.
Section 5: The Enginee/s Report presented is hereby approved on a preliminary basis as submitted or amended by direction of this City Council and is hereby ordered to be filed in the Office of the City Clerk as a permanent record and remain open to public inspection.
Section 6: The City Council hereby declares its intention to form the District, and to levy and collect annual assessments against parcels of land within said District to fund the ongoing cost and expenses of maintaining, operating and servicing the drainage improvements determined to be of special benefit to the parcels of land therein as outlined in the Report prepared in connection therewith, commencing with fiscalyear 2O23l2O24.The City Council finds that the public's best interest requires such action and levy of assessments.
Section 7: The City Council hereby declares its intention to conduct a public hearing concerning the formation of the District and the levy and collection of assessments in accordance with Government Code, Section 54954.6 and California Constitution, Article XlllD, Section 4(e); and, notice is hereby given that a public hearing on these matters will be held by the City Council on Monday, June 5, 2023 at 5:00 P.M., or as soon thereafter as feasible, in the City Council Chambers located at 115 S Robinson Street, Tehachapi, California. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard.
Section 8: Pursuant to Article XlllD of the California Constitution, an assessment ballot proceeding is hereby called on the matter of confirming the proposed assessments for the District. The ballots and notices so authorized shall be distributed by first class mail to the property owners of record as of the last County equalized roll, and property owner or owners of each affected parcel may return the ballot by mail or in person to the City Clerk not later than the conclusion of the public hearing for these matters. 2 ffioF
trlACHAfl
I,T-CAI, DEARruNT
Section 9: The City Council hereby authorizes and directs the City Clerk or their designee to prepare and mail notice of the public hearing and property owner protest ballots to the property owners of record regarding the proposed assessments including the assessment range formula as outlined in the Report, for return receipt prior to the date and time of the public hearing set forth in this Resolution; and, the notice of the hearing and ballot shall be distributed by first class mail to the property owner(s) of record for each parcel within the proposed District subject to an assessment, not less than 45 days before the date of the public hearing pursuant to the California Constitution.
Section 10: The property owner protest ballot proceeding conducted for the District shall constitute the property owners' approval or rejection of the annual levy of assessments and assessment range formula described in the Report presented and approved by the City Council. Each property owner may return the ballot by mail or in person to the City Clerk no later than the conclusion of the public hearing scheduled for Monday, June 5, 2023. After the close of the public hearing, pursuant to Section (e) of the California Constitution, the City Clerk or their designee shall open and tabulate the ballots returned to determine if majority protest exists. Only those ballots issued by or on behalf of the City and signed by the property owner of record or authorized representative, shall be considered as valid ballots and shall be weighted according to the proportional financial obligation of each affected property. Majority protest exists if, upon the conclusion of the hearing, valid ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessmen! and, in addition to the ballot proceedings, property owners may also file a separate written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed such protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and shall contain a description sufficient to identify the property owned by such property owner. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard.
PASSED AND ADOPTED this 3'd day of April, 2023.
AYES:
NOES:
ABSENT:
ABSTAIN
MICHAEL DAVIES, Mayorof the
City of Tehachapi, California
3 cnoF
EACHfI
EALDBNffNT
ATTEST:
TORI MARSH, CMC, City Clerk of the City of
Tehachapi, California
I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Tehachapi at a regular meeting thereof held on the 3RD day of April 2023.
TORI MARSH, CMC, City Clerk of the City of
Tehachapi, California
4 CITY OF
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: APRIL 3,2023 AGENDA SECTION: DEVELOPMENT SERVICES DIRECTOR
DEPARTMENT
APPROVED
CITY
TO: HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: JOHN (JAY) SCHLOSSER, P.E
MARCH 29,2023
FEDERAT ON.CALL ENGINEERING SERVICES AGREEMENT WITH AECOM TECHNICAL SERVICES, rNc.
DATE:
SUBJECT:
BACKGROUND
As the Council is aware, the City of Tehachapi regularly constructs federal, and state funded transportation projects administered by Caltrans in conformance with Local Assistance Procedures and Guidelines. These grant funds are encumbered with numerous conditions administered and enforced by Caltrans. These policies require the city to competitively select a professional engineering firm based on qualifications. As such, City Staff initiated a Request for Qualifications (RFQ) for Professional Engineering Services in November of 2022.
The proposed contract will not exceed three (3) years with two optional (1) one-year extensions or a maximum contract value of (S3,000,000.00).
RFQ RESULTS
The RFQ would allow City Staff to utilize a consultant on-call based on our anticipated workload. The City received (3) three responsive qualification packages:
o AECOM Technical Services, lnc.
o MNS Engineers, lnc.
o VST Engineering
A panel reviewed the qualified firms and an unanimous decision was made to recommend AECOM Technical Services, lnc.
RECOMMENDATION
The City Attorney has prepared an on-call agreement for this effort.
APPROVE AND AUTHORIZE THE MAYOR TO ENTER INTO AN ON-CALL AGREEMENT WITH AECOM TECHNICAL SERVICES, !NC. TO PROVIDE ENGINEERING SERVICES FOR BOTH FEDERAL AND STATE FUNDED EFFORTS IN SUPPORT OF BUDGETED TRANSPORATION PROJECTS.
AGREEMENT
WITNESSETH:
WHEREAS, City wishes to utilize the services of Engineer in the Project (the "Services") under the terms and conditions described hereinafter and Engineer is agreeable thereto.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth hereinafter, the parties agree as follows:
1. The parties incorporate the foregoing recitals as if fully set forth herein verbatim.
The parties further incorporate the "Addendum to Engineering Services Agreement" and Exhibits "A" and "B" attached hereto and by this reference made apart hereof.
2. City hereby contracts with Engineer to perform the Services under the terms and conditions described hereinaft er.
3. City shall pay Engineer on a "time and materials" basis but not to exceed. (S3.0fi).0fi).fi)) Three Million Dollars and No Cents (the "Fee"). As used herein, "time and materials" shall mean the number of hours devoted by Engineer to the services attached hereto as Exhibit "C" and by this reference made a part hereof (the "Services") charged at the rate set forth in the Engineer's rate schedule attached hereto as Exhibit "D" and by this reference made apart hereof and including all reasonable costs incurred by Engineer. Engineer shall submit invoices nor more often than monthly which shall describe the Services that were performed, and such other information as may be required by the City Manager or his designated representative. The City Manager or his representative shall have the right of reasonable review of each invoice, and, at the conclusion of the review, the City Manager shall place the matter on the agenda for the next available City Council meeting for consideration by the City Council. Upon approval of each such invoice by the City Council, undisputed amounts shall be paid in the regular cycle of payments made by the City for other bills and claims, but in no event later than thirty (30) days after receipt of the monthly invoice.
4. Engineer shall complete the Services within the timeline specified within the Request for Qualifications for On-Call Professional Engineering Services for State and Federal Funds. During the term of this Agreement, Engineer shall not provide engineering services within the City to any entity or individual other than City without the prior written consent of the City.
Engineer shall not assign its interest herein or any part thereof and any attempted assignment shall be void.
5. Engineer hereby agrees to indemniff, defend and hold harmless the City, its officers, Councilpersons, employees, and authorized agents from third party claims, liabilities, expenses, and damages, including reasonable attorney's fees, for injury to or death of any person, and for damage to any property including without limitation, City's property, arising out of or in any way connected with Engineer's performance of the Services or to the extent caused by any act I
THIS AGREEMENT (the "Agreement") made this 3'd day of aAPRIL, 2023by and between the CITY OF TEHACHAPI ("City") and AECOM TECHICINICAL SERVICES. INC. (the "Engineer"),
or omission by Engineer whether directly or indirectly related to performance of the Services.
6. Without limiting Engineer's obligations under Paragraph 5 of this Agreement, Engineer shall obtain and maintain during the life of this Agreement:
(a) Comprehensive general liability insurance coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability, in an amount not less than $1 million per occurrence and automobile liability for owned, hired, and non-owned vehicles;
(b) Professional/negligent acts, errors, and omissions insurance satisfactory to the City's Attorney in an amount not less than $1,000,000.00; and (c) Such workers compensation insurance as required by statute Engineer shall provide City with appropriate certificates of insurance and endorsements for all of the foregoing. For the general liability insurance, Engineer shall include City, its officers, Councilpersons, Commissioners, employees, and agents as additional insureds and specifically designate such insurance as "primary" and provide further that same shall not be terminated nor coverage reduced without ten days prior written notice to City. 7 . Information, data, plans and specifications, engineer's estimates, and all other project documents drafted or created by Engineer or on behalf of Engineer for City shall belong to City and Engineer hereby assigns all of its copyright interests therein to City, irrevocably and forever and agrees that City shall be the owner of all such copyrights upon payment for Services. All of the foregoing documents hereafter prepared by the Engineer for City or on behalf of Engineer for City shall be retained and maintained for City by Engineer in its offices at no additional cost to City. The Engineer shall release all such files and documents as instructed by the City from time to time, and all such files and documents shall belong to City. Engineer shall not be liable for use of any such files or documents for purposes other than their original intended purpose.
8. City may terminate this Agreement at any time by giving Engineer ten (10) days prior written notice, provided that in such event Engineer shall be entitled to payment for those Services rendered through the date of termination, provided satisfactory to City. Notwithstanding the foregoing, City may terminate this Agreement at any time for Engineer's breach of any of its obligations hereunder upon 24 hours written notice and in the event the Engineer shall not be entitled to payment for any Services performed in breach of this Agreement.
9. All notices required to be given under this Agreement or by law shall be in writing and shall be deemed received by the party to whom directed if personally served or if faxed or sent by electronic mail ("email") orwhen deposited inthe United States mail, postage prepaid, first class, addressed as follows: If to City, City Manager, 1 15 South Robinson Street, Tehachapi, California 93561, Fax (661) 822-2197, Email [email protected]; or if to Engineer, Andrew Norton, Fax (661) 822-8559, Email [email protected]. Any party may change its address or fax number by giving notice to the other party in the manner herein described.
10. Agreement
Time is of the essence with regard to each covenant, condition and provision of this 2 I 1. This Agreement shall be govemed by and construed in accordance with the laws of the State of California.
12. This Agreement constitutes the entire Agreement between the parties with regard to the subject matter herein and supersedes all prior oral and written agreements and understandings between the parties with respect thereto.
13. This Agreement may not be altered, amended, or modified except by a writing executed by duly authorized representatives of all parties.
14. In the event any action or proceeding is instituted arising out of or relating to this Agreement, the prevailing party shall be entitled to its reasonable attorneys' fees and actual costs.
15. This Agreement may be executed in counterparts and the respective signature pages for each party may thereafter be attached with the body of this Agreement to constitute one integrated Agreement which is as fully effective and binding as if the entire document had been signed at one time.
16. Waiver by a party of any provision of this Agreement shall not be considered a continuing waiver or a waiver of any other provision, including the time for performance of any such provision.
17 . This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, successors, and assigns.
18. If any term, provision, covenant, or condition of this Agreement is held by a coun of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and not be affected, impaired, or invalidated thereby.
19. City and Engineer each acknowledge that each party and their respective legal counsel have reviewed this Agreement and agree that this Agreement is the product ofnegotiations between the parties. This Agreement shall be interpreted without reference to the rule of interpretation of documents that uncertainties or ambiguities therein shall be determined against the party so drafting the Agreement.
20. The remedies for either party described herein shall be cumulative and in addition to any other remedies available to the parties at law or in equity.
21. Engineer is an independent Engineer under this Agreement and is not an agent or employee of City. As such, Engineer is not entitled to participate in any plans, arrangements, or distributions that City may now or hereafter have, including, without limitation, retirement plans, health care or similar benefits for regular employees'
22. Engineer shall perform the Services in accordance with the degree of professional skill, quality and care ordinarily exercised by members of the same profession currently practicing in the same location under comparable circumstances.
23. Engineer shall be responsible for its performance and that of Engineer's lower-tier 3 subcontractors and vendors. However, Engineer shall not be responsible for health or safety programs or precautions related to City's activities or operations or those of City's other contractors and consultants or their respective subcontractors and vendors ("Contractors"). Engineer shall have no responsibility for (i) construction means, methods, techniques, sequences, or procedures; (ii) the direction of Contractors' personnel; (iii) selection of construction equipment; (iv) coordination of Contractors' work; (v) placing into operation any plant or equipment; or (vi) Contractors' failure to perform the work in accordance with any applicable construction contract.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove written.
Mayor, City of
Tehachapi, California, "City"
ttEngineer"
4 ADDENDUM TO ENGINEERING SERVICES AGREEMENT
Addendum to Engineering Services Agreement dated 20-, by and between the City of Tehachapi ("City") and ("Engineer") I. DISADVANTAGED BUSINESS ENTERPRISES (DBE) PARTICIPATION Engineers must give consideration to DBE firms as specified in 23 CFR $ 172.5(b), 49 CFR, Part
26. lf the contract has a DBE goal, ENGINEER must meet the goal by using DBEs as subconsultants or document a good faith effort to have met the goal. If a DBE subconsultant is unable to perform, ENGINEER must make a good faith effort to replace him/trer with another DBE subconsultant if the goal is not otherwise met. A DBE may be terminated only with written approval by CITY and only for the reasons specified in 49 CFR 26.53 (f). Prior to requesting CITY's consent for the proposed termination, the Engineer must meet the procedural requirements specified in 49 CFR 26.53(f).
2. COST PRINCIPLES
A. ENGINEER agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter l, Part 31.000 et seq., shall be used to determine the cost allow ability of individual items.
B. ENGINEER also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
C. Any costs for which payment has been made to ENGINEER that are determined by subsequent audit to be unallowable under 49 CFR Part l8 and 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by ENGINEER to CITY.
3. DISPUTES
A. Not later than 30 days after completion of all deliverables necessary to complete the plans, specifications and estimate, ENGINEER may request review by CITY Governing Board of unresolved claims or disputes, other than audit. The request for review will be submitted in writing.
4. AUDIT REVIEW PROCEDURES
A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by CITY'S Chief Financial Officer.
B. Not later than 30 days after issuance of the final audit report, ENGINEER may request a review by CITY'S Chief Financial Officer of unresolved audit issues.
The request for review will be submitted in writing.
C. Neither the pendency of a dispute nor its consideration by CITY will excuse ENGINEER from full and timely performance, in accordance with the terms of this contract.
D. ENGINEER and subEngineers' contracts, including cost proposals and indirect cost rates (ICR), are subject to audits or reviews such as, but not limited to, a Contract Audit, an Incurred Cost Audit, an ICR Audit, or a certified public accountant (CPA) ICR Audit Workpaper Review. If selected for audit or review, the contract, cost proposal and ICR and related workpapers, if applicable, will be reviewed to veri$ compliance with 48 CFR, Part 3l and other related laws and 5 regulations. In the instances of a CPA ICR Audit Workpaper Review it is ENGINEER's responsibility to ensure federal, state, or local govemment officials are allowed full access to the CPA's workpapers. The contract, cost proposal, and ICR shall be adjusted by ENGNEER and approved by CITY contract manager to conform to the audit or review recommendations. ENGINEER agrees that individual terms of costs identified in the audit report shall be incorporated into the contract by this reference if directed by CITY at its sole discretion. Refusal by ENGINEER to incorporate audit or review recommendations, or to ensure that the Federal, State, or local governments have access to CPA workpapers, will be considered a breach of contract terms and cause for termination of the contract and disallowance of prior reimbursed costs.
5. SUBCONTRACTING
A. ENGINEER shall perform the work contemplated with resources available within its own organization; and no portion of the work pertinent to this contract shall be subcontracted without written authorization by CITY'S Contract Administrator, except that, which is expressly identified in the approved Cost Proposal.
B. Any subcontract in excess of $25,000 entered into as a result of this contract shall contain all the provisions stipulated in this contract to be applicable to subEngineers.
C. Any substitution of subEngineers must be approved in writing by CITY's Contract Administrator prior to the start of work by the subEngineer.
6. EQUIPMENT PURCHASE
A. Prior authorization in writing, by CITY's Contract Administrator shall be required before ENGINEER enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or ENGINEER services. ENGINEER shall provide an evaluation of the necessity or desirability of incurring such costs.
B. For purchase of any item, service or consulting work not covered in ENGINEER's Cost Proposal and exceeding $5,000 prior authorization by CITY's Contract Administrator; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified.
C. Any equipment purchased as a result of this contract is subject to the following:
"ENGINEER shall maintain an inventory of all nonexpendable property.
Nonexpendable property is def,rned as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, CITY shall receive a proper refund or credit at the conclusion of the contract, or if the contract is terminated, ENGINEER may either keep the equipment and credit CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures; and credit CITY in an amount equal to the sales price. If ENGINEER elects to keep the equipment, fair market value shall be determined at ENGINEER's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to by CITY and ENGINEER, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by CITY." 49 CFR, Part 18 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project.
6 D. All subcontracts in excess $25,000 shall contain the above provisions.
7. SAFETY
A. ENGINEER shall comply with OSHA regulations applicable to ENGINEER regarding necessary safety equipment or procedures. ENGINEER shall comply with safety instructions issued by CITY Safety Officer and other CITY representatives.
B. Pursuant to the authority contained in Section 591 of the Vehicle Code, CITY has determined that such areas are within the limits of the project and are open to public traffic. ENGINEER shall comply with all of the requirements set forth in Divisions 71, 12,73,14, and l5 of the Vehicle Code. ENGINEER shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles.
8. CONFIDENTIALITY OF DATA
A. All financial, statistical, personal, technical, or other data and information relative to CITY's operations, which are designated confidential by CITY and made available to ENGINEER in order to carry out this contract, shall be protected by ENGINEER from unauthorized use and disclosure.
B. All information related to the construction estimate is confidential and shall not be disclosed by ENGINEER to any entity other than CITY.
9. NATIONAL LABOR RELATIONS BOARD CERTIFICATION
In accordance with Public Contract Code Section 10296, ENGINEER hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against ENGINEER within the immediately preceding twoyear period, because of ENGINEER's failure to comply with an order of a federal court that orders ENGINEER to comply with an order of the National Labor Relations Board.
10. EVALUATION OF ENGINEER
ENGINEER's performance will be evaluated by CITY. A copy of the evaluation will be sent to ENGINEER for comments. The evaluation together with the comments shall be retained as part ofthe contract record.
11. STATEMENT OF COMPLIANCE
ENGINEER's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that ENGINEER has, unless exempt, complied with, the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103.
12. DEBARMENT AND SUSPENSION CERTIFICATION
A. ENGINEER's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that ENGINEER has complied with Title 2 CFR Part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (nonprocurement)", which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency 7 within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to CITY.
B. Exceptions will not necessarily result in denial of recommendation for award but will be considered in determining ENGINEER responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action.
C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal highway Administration.
13. STATE PREVAILING WAGE RATES
A. ENGINEER shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with Califomia Labor Code, Section 1770, and all Federal, State, and local laws and ordinances applicable to the work.
B. Any subcontract entered into as a result of this contract if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article.
Note: The Federal "Payment of Predetermined Minimum Wage" applies only to federalaid construction contracts.
14. CONFLICT OF INTEREST
A. ENGINEER shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this contract, or any ensuing CITY construction project. ENGINEER shall also list current clients who may have a financial interest in the outcome of this contract, or any ensuing CITY construction project, which will follow.
B. ENGINEER hereby certifies that it does not now have, nor shall it acquire any financial or business interest that would conflict with the performance of services under this contract.
C. Any subcontract in excess of $25,000 entered into as a result of this contract shall contain all of the provisions of this Article.
D. ENGINEER hereby certifies that neither ENGINEER, nor any firm aff,rliated with ENGINEER will bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract. An affiliated hrm is one which is subject to the control of the same persons through joint- ownership, or otherwise.
E. Except for subEngineers whose services are limited to providing surveying or materials testing information, no subEngineer who has provided design services in connection with this contract shall be eligible to bid on any construction contract, or on any contract to provide construction inspection for any construction project resulting from this contract.
15. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION
ENGINEER warrants that this contract was not obtained or secured through rebates kickbacks or other unlawful consideration, either promised or paid to any CITY employee.
For breach or violation of this warranty, CITY shall have the right in its discretion; to 8 terminate the contract without liability; to pay only for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
16. PROHIBITION OF EXPENDING CITY STATE OR FEDERAL
FUNDS FOR LOBBYING
A. ENGINEER certifies to the best of his or her knowledge and belief that:
i. No state, federal or CITY appropriated funds have been paid, or will be paid by-or- on behalf of ENGINEER to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement.
ii. If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; ENGINEER shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, US. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
C. ENGINEER also agrees by signing this document that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100'000' and that all such sub recipients shall certif,/ and disclose accordingly.
17. CONFLICT WITH ENGINEERING SERVICES AGREEMENT
In the event of a conflict between the terms in the Engineering Services Agreement and the terms in this Addendum, the terms in this Addendum shall prevail.
Greg Garrett, City Manager,
City of Tehachapi, California, "City"
Engineer"
9 as
EXHIBIT *A'
During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONSULTANT) agrees as follows:
a. Compliance with Regulations: CONSULTANT shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 2l,as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.
b. Nondiscrimination: CONSULTANT, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.
c. Solicitations for Sub-agreements. Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONSULTANT for work to be performed under a Sub- agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONSULTANT of the CONSULTANT'S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. d. Information and Reports: CONSULTANT shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the recipient or FHWA to be pertinent to ascertain compliance with such Regulations or directives.
Where any information required of CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, CONSULTANT shall so certifu to the recipient or FHWA as appropriate, and shall set forth what efforts CONSULTANT has made to obtain the information.
e. Sanctions for Noncompliance: In the event of CONSULTANT's noncompliance with the nondiscrimination provisions of this agreement, the recipient shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
i. withholding of payments to CONSULTANT under the Agreement within a reasonable period of time, not to exceed 90 days; and/or
ii. cancellation, termination, or suspension of the Agreement, in whole or in part. f. Incorporation of Provisions: CONSULTANT shall include the provisions of paragraphs (l) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
CONSULTANT shall take such action with respect to any sub-agreement or procurement as the recipient or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event CONSULTANT becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONSULTANT may request the recipient enter into such litigation to protect the interests of the State, and, in addition, CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States.
l0
EXHIBIT *8"
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the "CONSULTANT") agrees to comply with the following nondiscrimination statutes and authorities, including, but not limited to: Pertinent NonDiscrimination Authorities:
. Title VI of the Civil Rights Act of 1964 (42 U.S.C. $ 2000d et seq.,78 stat.252), prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. . The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. $ 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); . Federal-Aid Highway Act of 1973, (23 U.S.C. 5324 et seq.), prohibits discrimination on the basis of sex; . Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 5 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CR Part27; . The Age Discrimination Act of 1975, as amended, (42 U.S.C. $ 6l0l et seq.), prohibits discrimination on the basis of age);
. Airport and Airway Improvement Act of 1982, (49 U.S.C. $ 471, Section 47723), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); . The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 7964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); . Titles II and III of the Americans with Disabilities Act, which prohibit discrimination of the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. $$ l2l3l - 12189) as implemented by Department of Transportation regulations 49 C.F.R. parts 37 and 38; . The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. S 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); . Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-lncome Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; . Executive Order 13166,lmproving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of Limited English Proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at74087 to 74100);
. Title IX of the Education Amendments of l972,as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C.l68l et seq) ll
EXHIBIT ''C''
IScope of Servicesl
A) SCOPE OF SERVICES:
The Engineering Department for the City of Tehachapi is circulating a Request for Qualifications (RFQ) to applicants interested in providing engineering services on an on-call basis for both federally and state funded transportation projects. These projects are funded with Federal and State funds administered by Caltrans in conformance with Local Assistance Procedures and Guidelines. As a result, the City is interested in retaining a firm with established experience providing engineering services conforming to Caltrans requirements. This contract will not exceed 3 years with two optional l-year extensions or a maximum contract value of $3,000,000.
B) GENERAL SCOPE OF SERVICES:
Professional Engineering Services shall include general civil engineering, transportation engineering, structural engineering, Iand surveying, design services and construction engineering, and construction contract administration and construction management including public infrastructure inspection.
Each project needing Design Services requiring renderings or drawings shall be produced % scale on 1 1"x17" paper and electronically in .pdf format. Determination for number of iterations (i.e. 30yo,60yo,90yo plan sets) expected will be documented prior to task order issuance.
The Engineer selected will work with the City Engineering Department. Other staff members will be available as necessary. The selected Engineer will also be expected to be available to make presentations and reports to the City Council as necessary and from time to time may be called upon to make other presentations as well.
The selected Engineer will be expected to be familiar with and capable of complying with all requirements in the acquisition and execution of Federal and State transportation funding processes, KernCOG processes, and associated project implementation including the ability to successfully complete:
o Plans, specifications, and estimates
o Caltrans Local Assistance paperwork preparation
o Construction bid and award assistance
o Construction administration
Other requested engineering services may include, but may not be limited to the following:
o Prepare loan and grant funding applications, special studies, and investigations o Preform necessary surveying and base map development
e Coordinate subsurface investigations and special consultants as required o Prepare plats and legal descriptions
r Prepare construction documents including plans, specifications, and probable cost estimates for public works infrastructure improvements
o Provide bidding and construction administration services r Provide Construction Management including notice of award paperwork, preconstruction meeting, submittal review, response to RFI's, change orders, monthly pay applications, and notice of completion.
t2
o Provide construction inspection services including coordination geotechnical services and compliance with our Quality Assurance Program (QAP).
o Prepare record drawings, operation and maintenance manuals, maps, figures, and utility improvement and construction standards
r Review technical reports prepare by other consultants and assist in the preparations ofstaffreports, ordinances, and resolutions
o Coordinate right-of-way and environmental services as required l3
EXHIBIT ''D''
[Rates Schedule]
Note: Mark-ups are Not Allowed
Consultant or Subconsultant:
Fringe Benefrt %
+
(= 0% if lncluded in OH)
BILLING INFORMATION
EXHIBIT 10+12 COST PROPOSAL pase 1of 3
SPECIFIC RATE OF COMPENSATION (USE FOR ON-CALL ORAS-NEEDED CONTRACTS) (CoNSTRUCT|ON ENGTNEERTNG AND tNSpECTtON CONTRACTS)
Contract No.: RFQ: On-Call
0.00%
Overhead % General Administration %
+ 147.73% 0.00%
(= Oo/o tt lncluded in OH)
CALCULATION IN FORMATION
Date: 1212012022
Combined lndirect Cost Rate (lCR) %
147.73%
FEE % 10%
N ame/Job Title/Classifi cation 1
Houdy Billing Rates2
Straight OT(1.5x) oT(2x)
Effective Date of Houdy
Rate
From To
Actual orAvg.
Hourly Rate3
% or$
lncrease
Hourly Range - for
qlassifications only
Specialty Principal Engineer 305.99
316.70
327.79
N/A N/A 10t1t2022
101112023
't011t2024
9130t2023
913012024
9130t2025
112.29
116.22
120.29
0.00%
N/A N/A 3.50%
N/A N/A 3.50%
Principal Engineer 222.61 N/A N/A 10t1t2022
101112023
10t112024
9BOnO23
913012024
9130n025
81.69 0.00%
3.50%
3.s0%
230.40 N/A 84.55
238.47 N/A N/A 87.51
Senior Engineer ll 188.54
195.14
201.98
N/A N/A 10t1t2022
10t1t2023
101112024
9t30t2023
913012024
913012025
69.19 0.00%
3,50%
3.50%
N/A 7't.61
N/A N/A 74.12
171.49 N/A N/A 10t1D022
1011t2023
101112024
9t3012023
913012024
9130t202s
62.93 0.00o/o
177.48 N/A N/A 65.1 3 3.50%
183.69 N/A N/A 67.41 3.s0%
Associate Engineer ll 149.14 N/A N/A 1011t2022
1011t2023
1011t2024
9t30t2023
9130t2424
913012025
54.73 0.00%
3.50%
3,50%
1il.37 N/A N/A 56.65
'159.77 N/A N/A 58.63
Associate Engineer I 135.60 N/A N/A 10t1t2022
10t112023
10t1t2024
9t3012023
9t30t2024
9130no25
49.76 0.00o/o
140.34 NiA N/A 51.50 3.50%
145.24 N/A N/A 53.30 3.50%
Assistrant Engineer ll 122.68
126.99
131.43
N/A 10nno22
1011t2023
10t1t2024
9t30t2023
913012024
9130t2025
45.O2 0.00%
3.50%
3.50%
N/A N/A 46.60
N/A N/A 48.23
Assistant Enqineer I 109.00 N/A N/A 10t1t2022
't011t2023
101112024
9/30/2023
9t30t2024
913012025
40.00 0.00%
112.82 N/A N/A 41.40 3.50%
116.77 N/A N/A 42.85 3.50%
AECOM Tecfinical Services lnc.
-
t!4_
N/A
>'e_tp_r qulllqgr I _ _ : *_
t-Nn-l
Note: Mark-ups are Not Allowed
Consultant or Subconsultant:
Fringe Benefrt %
+
(= 0% if lnduded in OH)
EXHIBIT 10.H2 COST PROPOSAL pase 2 of 3
SPECIFIC RATE OF COMPENSATION (USE FOR ON.CALL OR AS-NEEDED CONTRACTS) (CoNSTRUCTtON ENGTNEERTNG AND tNSpECTtON CONTRACTS)
AECOM Technical Services lnc. Contract No.: RFQ: On-Call
0.00o/o
Overiead o/o General Administration %
+ 147.73% 0.00%
F 0o/o rt lncluded in OH)
Date: 1212012022
Combined lndirect Cost Rate (lCR) %
147.73o/o
FEE% 1Oo/o
BILLING INFORMATION CALCULATION INFORMATION
NOTES:
1. All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals.
2. The cost proposal format shall nol be amended.
3. Billing rate = actual hourly rate ' (1+ ICR) ' (1+ Fee). lndirect cost rates should be based on the consullant's annual accounting period, established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement.
4. For named employees and key personnel enter the actual hourly rate. For dassifications only, enter the Average Hourty Rate for that classification.
Name/Job Title/Classifi cationr Houdy Billing Rates2
Straight OT(1.5x) OT(2K)
Effec{ive Date of Hourly
Rate
From To
Actual or Avg.
Hourly Rate3
% or$
lncrease
Hourly Range - for
classffications only
Engineering Technician 88.51
s1.62
94.83 N/A
N/A
N/A
N/A
N/A
N/A
1011t2022
1011t2023
10t112024
9t30t2023
913012024
913012025
32.48 33.62
34.80 0.00%
3.s0%
3.50%
Design CADD Supervisor 166.17
171.98 -l7so-0-
N/A
N/A
N/A
N/A
N/A
N/A
101112022
10t'U2023
1011t2024
913012023
913012024
9t30t2025
60.98 63.11
55.32 0.00%
3.50%
3.50%
Design CADD Operator 122.63
126.93
131.37
N/A
N/A
N/A
N/A
N/A
N/A
10t1t2022
101112023
1011t2024
9t3012023
9t3012024
913012025
45.00 46.58
48.21 0.0070
3.50%
3.50%
Assislant CADD Operator 86.96
90.01 93.17
N/A
N/A
N/A
N/A
N/A
N/A
10t112022
1011t2023
10t1t2024
9t3012023
9130t2024
9t30t2025
31.91 33.03
34.19 0.00%
3.50%
3.50%
Clerrcal 88.51
91.62 94.83
N/A
-TF _
].UA
N/A
N/A
N/A
10t1t2022
't0t1t2023
1011t2024
9t3012023
9130t2024
913012025
32.48 33.62 ---E3o
0.00%
3.50%
3.50%
ConsEuction lnspector 159.31
164.89
170.67
238.97
247.34
256.0'l
318.62
329.78
u1.u
10t1t2022
1011t2023
101112024
9t3012023
913012024
9t3012025
58.46 60_51
62.63 0.00%
3.50o/o
3.50%
Construction Manager 192.22
198.95
205.93
N/A
N/A
N/A
N/A
N/A
N/A
10t1t2022
10t'v2023
't0t112024
913012023
913U2024
9130t2025
70.54 73.01
75.57 0.00%
3.50%
3.50%
Consultant or Subconsultsnt: AECOM Techniel Servies lnc. Contracl No- RFQ: On_Call Date: lZzODOn
SGHEDULE OF OTHER DIRECT COST ITEMS
NOTES:
1' Lhl oft3r dhsd st ileros with Etffntslsd ffi. Thola ffi shoukl bs odnpotitiv? in thair rarpedra lndurfbi ard supportad wilh appropriat€ documentation.
2. Propored OOC itoar|s gtrot H b6 coBietan0y btlad r8gardbs of diont 8nd confE , typ..
3. ltams rt|€fl inarmd for &e sane purpoce. in like circumstancor shqrld nd bo indld€d in any ind&od cost pool or in the ovariead rate.
4. iErnr auch es spedal lmthg. will be rdmhJEod al dld cori wi$ srpportng docurrlrnt tk)n 0nvoior).
5. ll6ms lislod 8bo/a fist rvould b6 oonsidsrud 'toob of the t ada' ar€ not rdr&s5.il€ as dtor dirorl cod. 6' Trav€l related oosts should be prespproved by tho conbacling agency and shall nol exceed clrrtent State Deparfiiont of pe'sonnel Mministration rules.
9. na @!il pfoposd brllal $all nd b€ artl€.x,od. All costr must cotrdy with tha Ferderal m8t pdndpac'. 1 0. Add iddidonal pegcc if nooaaaary.
1 1. Subconsuttants must provido lheir own cost proposals.
PRIME CONSULTANT SUBCONSULTANT #1 SUBCONSULTANT #2
DESCRIPTION OF ITEMS UNIT Unit Cost cosT DESCRIPTION OF ITEMS UNIT Unit Cost COST DESCRIPTION OF ITEMS UNIT Unit Cost COST
I raver Mleag€ - Aulomoole/ I nid( (tt<s
Rate) $ $ $
+ lu-}tl D.
-
$- T:
l-T',,': T,'":
l-ffi r:
U. ry?ry*
iD- ?ry r: $- T':
uLrAnr fi I{raAL ooc'i
EXHIBIT 10-H2 COST PROPOSAL pase 1 of 1
SPECIFIC RATE OF COMPENSATION (USE FOR ON.CALL OR A$NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS)
I
Local Asslstance Procedurec Manual Exhtbit l0-Or
Conrultrnt Proporrl DBE Commltment
Erunn 10-Ol Coxsur-r.nlrr PRoposAL DBE CorvlrarrMENT
1. Local Agancy: 2. Contract DBE Goal: 0.00
3. Project Description: On Call
4. Poject Loca1on: CityofTehachapi
7. Description of Wo*, Service. or Materials
Supptied
8. DBE
Certilication
Number
9. DBE Contact lnformation 10. oBE %
Otr-Call
0.00 Locel Agrney to Gomplota lld. Socdon
,I1. TOTAL CLAIIIED DBE PARTICIPATON 0.00 ta
17. Local Agoncy Conbact Number
18. Federal-Aid Project Nunber:
Consultianl's Ranking after Erahration:
Local Aganry certifier that all DBE cedlfications ale valid and informaUon on this bm is complete and accumta.
2l,LocalAgencyRapresentative'eSpnatne 22.Date
23. Local Agoncy Reprcsantative's ltlanre 24. Phone
25. Local Agency Representa$ye's Tltle
IMPORTANT: ldentifu all DBE fims being clainled for credit, rcgardless of li6r. Written confirmation oleach listed DBE is required.
lU13t2022
13. Dato
Ben Hom 661.283.212E
14. Prepare/s Narne
Area Manager
15. Phone
16. Preparer's Tifle
5, Consultant,s Name: AECOM Tcchnical Services, Inc. 6. Prime Certified OAe: f] DISTRIBUTION: Original - lncluded with consultant's proposal to local agency, For individuals wlth san6ory dlsabilitlss, lhls documsrl is avallable in alt€mste formatE. For lnfomation call (910) 65+6410 or TDD (916) 65/l3000 or writs Records and FomB Manag€mant. I120 N Slieet, MS{g, Sacramsnto, CA 95914.
ADA l,lotim:
LPP l8-0t Page I of2
January 2019
City ofTchachapi
CITY OF
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: APRIL 3,2023 AGENDA SECTION: DEVELOPMENT SERVICES
DEPARTMENT
APPROVED
CITY
TO: HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
JOHN (JAYI SCHTOSSER, p.E., DEVELOPMENT SERVTCES DTRECTOR MARCH 29,2023
ADOPTTON OF STAFF CEQA DETERMTNATTON FOR THE 202312024 GRIND AND OVERLAY
PROJECT (E, F, AND PAULEY STREETS)
FROM:
DATE:
SUBJECT
PROJECT BACKGROUND
On May L6,2022, the Council approved a list of capital projects funded by the Senate Bill (SB1) known as the Road Repair and Accountability Act of 2OL7 and adopted a resolution for the Fiscal Year 2022-23. The adopted list resulted in project R23106 The2023/2024 Grind and Overlay Project (E, F and Pauley Streets).
ENVIORNMENTAL
Prior to construction, an environmental assessment for the project site must be undertaken. ln this case, staff determined that this project qualifies as categorially exempt. Historically, CEQA exemptions have been prepared at a staff level. A recent court ruling (Gl lndustries v. City of Thousand Oaks, 2d Civ. No. 8317201) in October 2022clarified that all determinations must be presented at the City Council.
City Staff has reviewed the project site and determined it is consistent with the applicable provisions within CEQA and State guidelines for a Categorical Exemption under Section 1530l-exisiting facilities.
FISCAL IMPACT
The funds budgeted for this project (including Design, Environmental, Construction and Construction Administration) total 5900,000. The project is budgeted for FY22l23 and FY23/24 and is currently on schedule.
RECOMMENDATION
ADOPT THE CEQA NOTICE OF EXEMPTION AND DIRECT STAFF TO FILE NOTICE OF EXEMPTION. ,-;l : I
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Notice of Exemption Appendix E
To: Office of Planning and Research
P.O. Box 3044, Room 113
Sacramento, CA 9581 2-3044
County Clerk
County s1. KERN
1 I 15 TRUXTUN AVE
BAKERSFIELD, CA 9330,I
From: (Public Agency) CITY OF TEHACHAPI
115 S. ROBINSON ST
TEHACHAPI, CA 93561
(Address)
Project Title: GR|ND AND OVERLAY E, F AND pAULEy ST.(R23106) Project Applicant: CITY OF TEHACHAPI
Project Location - Specific:
E&F ST. FROM MULBERRY TO PAULEY. PAULEY FROM TEHACHAPI BLVD TO C Project Location - City TEHACHAPI Project Location - County: KERN Description of Nature, Purpose and Beneficiaries of Project:
REHABILITATE STREETS
Name of Public Agency Approving Project: CITY OF TEHACHAPI Name of Person or Agency Carrying Out Project
Exempt Status: (check one):
ANDREW NORTON
Ministerial (Sec. 21 080(bX1 ); 1 5268);
Declared Emergency (Sec. 21 080(bX3); 1 5269(a));
Emergency Project (Sec. 21 080(b)(a); 1 5269(b)(c));
Categorical Exemption. State type and section number: 1 5301 .c -EXISTING FACILITES Statutory Exemptions. State code number:
Reasons why project is exempt:
The project has been reviewed and determined to qualify under state categorical exemption pursuant to CEQA guidelines section 15301 .c-Existing Facilitates .
Lead Agency
Contact Person ANDREW NORTON Area Codeffelephone/Extension 661 -822-2200 EXT 1 31 lf filed by applicant:
1. Attach certified document of exemption finding.
2. Has a Notice of Exemption been filed by the public agency approving the project? . Yes No Signature:
. Signed by Lead Agenry Signed by Applicant
Authority cited: Sections 21083 and 21 1 10, Public Resources Code.
Reference: Sections 211O8,21 152, and 21152.1, Public Resources Code. 4 Jx o^t",9fqf4 Titte: ASSOCTATE ENGTNEER
Date Received for filing at OPR:
Revised 201[
CITY OF
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: Apnl3,2023 AGENDA sECTtoN: Assistant city Manager
APPROVED
DEPARTMENT
CITY MANAGER
TO: HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: COREY COSTELLOE, ASSISTANT CITY MANAGER
APR!t 3,2023
RESOLUTION OPPOSING INITIATIVE NO. 2L-OO42AL THE TAXPAYER PROTECTION AND
GOVERN M ENT ACCOUNTABI LIW ACT
DATE:
SUBJECT:
BAGKGROUND
On November 9,2022, the voters in the City of Tehachapi approved a one-cent sales tax increase with 57% approval.
Known as 'Measure S' this roughly $4 million ayeat in increased sales tax revenue was to be dedicated to local control and funding the priorities identified by our citizens which included fire protection, law enforcement, local emergency dispatch, infrastructure like streets and roads and protecting local businesses and jobs.
However, Measure S and 106 other measures statewide that were approved last year are already under threat due to the signature gathering of some of California's wealthiest corporations and lobbyists who have successfully misled voters potentially place the 'Taxpayer and Government Accountability Act' on the November 2024 statewide general election ballot.
The Taxpayer Protection and Government Accountability Act would amend the California Constitution with provisions that limit voters' authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws.
The measure puts billions of local government tax and fee revenues at risk statewide with related core public service impacts.
The measure would have significant negative impacts on the City of Tehachapi operations and core service delivery.
Specifically, it would retroactively eliminate the local vote/s approval of Measure S since the measure does not have a sunset date. Provisions in this initiative would invalidate measures such as Measure S once the general election results are certified in December of 2024.
The proposed constitutional initiative is sponsored by the California Business Roundtable. The California Business Roundtable is the lobbying arm for some of California's wealthiest corporations who are seeking to reduce their own payments and create constitutional loopholes that allow these corporations to pay less than their fair share for the impacts on localcommunities including local infrastructure and shifting that burden to individualtaxpayers. ln addition, these corporations are seeking to dodge enforcement when they violate environmental, health, public safety and other laws.
The California Business Roundtable Board includes the following corporations:
Aera Energy
Albertsons
Altria
Anthem Blue Cross
Automobile Club of Southern California
Bittle Enterprises (Enterprise Rent-a-Car)
Blackstone
Caruso Management (Rick Caruso)
Chevron
C.J. Segerstrom & Sons
Dart Container
DLA Piper
Douglas Emmett
Eli Lilly & Company
Exxon
Farmer's lnsurance Group
Fivepoint
Global Medical Response Solution
Grimmway Farms
lrvine Company
KB Homes
Kilroy Realty
LevatoLaw
Majestic Realty
Marathon Petroleum Corp.
McKinsey & Company
NationalCORE
PepsiCo
PhRMA
Sempra Energy
State Farm
Sutter Health
Union Pacific Railroad
United Airlines
UPS
Valero
Western NationalGroup
Wells Fargo
Wellpoint (insurance)
Many of these corporations do business in our community and are supporting this initiative to undermine the vote of the people in the City of Tehachapi just five months ago.
A full text of the ballot initiative proposed and supported by these corporations is attached to the agenda
MAJOR PROVISIONS
Taxes and fees adopted after Jan. 1, 2022, that do not comply with the new rules, are void unless reenacted (including Measure S in the City of Tehachapi).
lnvalidates Upland decision that allows a majority of localvoters to pass specialtaxes. The measure specifies that taxes proposed by the initiative are subject to the same rules as taxes placed on the ballot by a city council.
Expressly prohibits local advisory measures which allow local voters to express a preference for how local general tax dollars should be spent.
Requires voter approval to expand existing taxes (e.9., Utility, Transient Occupancy) to new territory (e.9., annexations) or to expand the tax base (e.9., new utility service) New taxes can only be imposed for a specific time period.
City charters may not be amended to include a tax or fee.
All state taxes require majority voter approval.
Except for licensing and other regulatory fees, fees and charges may not exceed the "actual cost" of providing the product or service for which the fee is charged. "Actual cost" is the "minimum amount necessary." The burden to prove the fee or charge does not exceed "actual cost" is changed to "clear and convincing" evidence.
Requires fees and charges paid for the use of local and state government property and the amount paid to purchase or rent government property to be "reasonable." These fees and charges are currently allowed to be market-based. \A/hether the amount is "reasonable" (introducing a new legal standard aiming to force below market fee and charge amounts) must be proved by "clear and convincing evidence."l The standard may significantly reduce the amount large companies (e.9., oil, utilities, gas, railroads, garbage/refuse, cable, and other corporations) will pay for the use of local public property. a Prohibits fees on new development based on vehicle miles traveled
DISGUSSION/ADDITIONAL BACKGROU ND
On January 4,2022, the California Business Roundtable filed the "Taxpayer Protection and Government Accountability Act" or AG#21-OO42A1. On February 1,2023, the measure qualified for the November 2024 ballot.
The League of California Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates and businesses strongly oppose this initiative.
Local government revenue-raising authority is currently substantially restricted by state stature and constitutional provisions of Proposition 13 of 1978, Proposition 218 of 1996 and Proposition 26 of 2010. The Taxpayer Protection and Government Accountability Act adds and expands restrictions on voters and local control. a
a
a
a
a
a
a
a
a
FEES AND TAXES
The City of Tehachapi along with other local governments levy a variety of fees and other charges to provide core public services and offset the burden to deliver those services to tax and rate payers.
Major examples of affected fees and charges are:
o Nuisance abatement charges such as for weeds, rubbish and general nuisance abatement to fund community safety, code enforcement and neighborhood cleanup.
. Commercialfranchisefees.
o Emergency response fees, such as in connection with a DUl. o Document processing and duplication fees.
o Facility use charges, fees for parks and recreation services, garbage/recycling disposalfees.
Virtually every ci$, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies, including council-adopted increases to simply accommodate inflation, Cal Cities estimates the amount of local government fee and charge revenue at risk is approximately $2 billion per year including those adopted since Jan. 1, 2022. Over ten years, $20 billion of local government fee and charge revenues will be at heightened legal peril.
Examples of the Ci$ of Tehachapi's affected fees and charges include:
Water/Sewer lmpact Fees
Franchise fees for cable, phone and waste/recycling services Water entitlement fees
Traffic mitigation fees
Parks impact fees
Police/Civic Facilities fees
Code EnforcemenVChronic Nuisance Fees
Planning review fees
Rather than being paid by the developer, property owner or offending party, the impact of these services would fall on the existing rate payers and tax payers to fund these services.
As previously discussed, hundreds of local tax measures were approved in 2022, including the City of Tehachapi's Measure S and the County of Kern's Measure K, both of which are at risk if this initiative is placed on the ballot and approved by voters since they do not comply with the provisions of the initiative. Nearly $2 billion of annual revenues from these voter-approved measures will cease ayeat after the effective date of the measure, reducing the local public services funded by these measures, unless the tax is re-submitted for voter approval.
Reductions on local government tiax revenues have impacts on core services and inftastructure including fire and emergency response, law enforcement, streets and roads, drinking water, sewer, parks, libraries and homeless prevention.
The City of Tehachapi impacted services due to this estimated $4 million decrease in sales tax revenue brought on by this initiative would include, unfilled police officer vacancies, inability to provide competitive compensation for law enforcement a
a
a
and dispatchers. lnabili$ to pay the contracted amount to Kern Coun$ Fire for fire protection services, loss of additional road maintenance funds.
ln addition, this initiative would negatively impact staffing in the development services department as a reduction in fees would result in slower turnaround times for permits, planning and approvals. This estimated impact is $500,000 annually The reduced impact fees for water, wastewater, traffic, water entitlement, franchise fees and service fees would total nearly $1 million annually. Many of these fees would require a new level of "proof' that that are reasonable, opening the City up to extensive legislation in order to charge a developer the true amount of their impact to our infrastructure systems. Other administrative fees are subject to the same scrutiny and implementation, which could cost hundreds of thousands a yeat in legal costs or additional studies.
F!NES AND PENALTIES
Under existing law, cities are required to provide due process before imposing a penalty or fine for violation of its municipalcode:
1. A localagency must adopt administrative procedures that govern imposing fines and penalties, including providing a reasonable period of time for a person responsible for a continuing violation to correct or remedy the violation [Gov't Code 53069.41.
2. Notice must be given to the violating party before imposing the penalty; and give the party an opportunity to be heard and present any facts or arguments lMerco Construction Engineers v. Los Angeles Unified Schoo/ District (1969) 274 CA 2d 1 54, 1661.
3. The fine may not be "excessive" [U.S. Constitution amendments Vlll and XlVl.
The initiative converts administratively-imposed fines and penalties into taxes unless a new, undefined, and ambiguous "adjudicatory due process" is followed. This provision may put at risk authority to impose fines and penalties for violations of state and local law.
The City of Tehachapi's impacted fines and penalties will include any and all violations of the municipal code, usually tied to code violations, health and safety violations, chronic nuisance violators and other infractions related to building safety, business licenses and refuse/recycling.
FISGAL IMPAGT
The Taxpayer Protection and Government Accountability Act will take an estimated $5-$6 million annually from the City of Tehachapi, negatively impacting fire and police services, local emergency dispatch, water and sewer system sustainability among other services. The true impact of this initiative, however, cannot be calculated due to the uncalculated legal costs that would be required to study and re-establish many of these impact and service fees. ln addition, legal review and the costs of additional elections would require even more of an impact to the general fund and current ratepayers.
RECOMMENDATION
Staff recommends the Council adopt a Resolution opposing lnitiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act and send the attached correspondence to the California Business Roundtable via the League of California Cities.
CITY OF 1 15 South Robinson Street
Tehachapi, California 93561 -17 22 TE HACHAPI (661) 822-2200 B www. LiveU pTehacha p i.com
CALIFORNIA
April4,2023
Bismorck Obondo
Director of Public Affoirs, Leogue of Colifornio Cities 1400 K Street, Suite 400
Socromento, CA 958,l4
RE: letter Opposing lnitiotive 21-Oo4l2A1
On April 3,2023, the City of Tehochopi voted to oppose lnitiotive 21-OO42A1, o deceptive, developer-sponsored proposition oimed for the November 2024 stotewide bollot thot would significontly jeopordize cities' obility to provide essentiol services ond infrostructure for our residents.
The meosure includes undemocrotic provisions thot would moke it more difficult for locolvoters to poss meosures needed to fund locolservices ond projects ond would limit voter input by prohibiting locol odvisory meosures where voters con express o preference on how they wont their locol tox dollors spent.
Ihis meosure creotes new constitutionol loopholes thot ollow corporotions to poy for less thon their foir shore for the impocts they hove on our communities, including impocts on locol infrostructure ond our environment.
This meosure olso moy moke it much more difficult for stote ond locol regulotors to issue fines ond levies on corporotions thot violqte lows intended to protect our environment, public heolth ond sofety, ond our neighborhoods.
Unless defeoted, the meosure puts billions of dollors currently dedicoted to locol services of risk, ond could force cuts to fire ond emergency response, low enforcement, public heolth, porks, librories, offordoble housing, services to support homeless residents, mentol heolth services, ond more.
Specificolly, this initiotive would undermine the vote of the residents of the City of Tehochopiwho opproved o one-cent soles ond use tox known os Meosure S in 2022to in-port fund fire protection, low enforcement, locol emergency dispotch ond infrostructure. This initiotive would negotively impoct those services for our residents who opproved this meosure in November of 2022. Other fronchise fees, code enforcement violotion fines olong wiih developer impoct fees for pork, troffic, woter ond wostewoter would be negotively impocted ond subject to legol review, eliminotion or reenocting them to meet the provisions of this initiotive of substontiol cost to toxpoyers.
CITY OF 1 15 South Robinson Street
Tehacha pi, California 93561 -17 22 TE HACHAPI (661) 822-2200 B www LiveU pTehacha p i.com The meosure benefits weolthy corporotions ond reol estote developers while decimoting our locol communities ond nelghborhoods.
You moy list the City of Tehochopiin formol opposition to lnitiotive #21-0O42Al ond include our city os port of the growing cooliiion of public sofety, lobor, locol government, infrostructure odvocotes, ond other orgonizotions throughout the stote opposed to this deceptive proposition.
Sincerely,
Michoel Dovies
Moyor
City of Tehochopi
Cc: Assemblymon Vince Fong
Senotor Shonnon Grove
Kern County Boord of Supervisors, Choirmon Jeff Flores
CALIFORNIA
Leqgue of Coliforniq Cities
Supplemenlql lnformqfion,
Summqry ond Fiscol lmpoct
Anolysis
LEAGUE OF
CALIFORNIA
ctTtEs
The Toxpoyer Prolecllon ond Government Accountoblllty Act lnlllollve No. 2l -0042A1I
Feb.1,2023
Effective dqte: Any new or increosed tox or fee odopted by the Legisloture, o city council, or the locol voters ofter Jonuory 1,2022, must comply with the Act's new rules.
Volers
. Locol odvisory meosures ore prohibited. No meosure moy oppeor on the bollot osking for opprovol of o generol tox thot would ollow the voters to express o preference for how the revenue from the generol tox will, could, or should be used.
. Overturns Uplond decision which upheld o speciol tox thot hod been ploced on the bollot by the voters to be opproved by o mojority vote. Toxes proposed by initiotive will be subject to the some rules os toxes ploced on the bollot by o city council.
. Voters moy not omend o city chorter to impose, extend, or increose o tox or fee.
Locollqxes
. Requires voter opprovol in order to opply on existing tox:
o to territory thot is onnexed.
o to o new service or product, for exomple when o utility user tox is opplied to o new service.
All new or increosed toxes odopted ofter Jon. I ,2022, must include o sunset dote.
a
Stole toxes
. All new or increosed stote toxes require stotewide voter opprovol. . Prohibits o property tox "surchorge" (increose). Prohibits ony ollocotion of property tox to the stote.
r This is o summory of some of the more significont provisions of lhe Act. Pleose review the Act for o complete understonding of the chonges it mokes to the Constilution.
I
LEAGUE OF
CALIFORN IA
CITIES
Fees ond chorges
. Fees ond chorges for services ond permits moy not exceed the "octuol cost" of providing the product or service for which the fee is chorged. "Actuol cost" is the "minimum omount necessory." Exomples include plonning services, excovotion ond encroochment permits, preporotion of condidote stotement, ond permit porking.
o Stote ond cities hove the burden of proving by "cleor ond convincing evidence" thot o fee/chorge is not o tox, thot the omount is reosonoble, ond thot it does not exceed "octuol cost."
. Fronchise fees
-
historicolly considered fees, not toxes
-
will more likely be
considered toxes due to the eliminotion of on existing cotegory of "fee" ond the requirement thot chorges to entronce, purchose, rentol, or leose of government property be "reosonoble." The stote ond cities issue fronchises to oil componies, utilities, gos componies, roilroods, gorboge componies, coble componies, ond other corporotions.
. No fee or chorge or exoction reguloting vehicle miles troveled con be imposed os o condition of property development or occuponcy.
Fines ond penolties (odminislrqlive enforcement of stqle low ond municipol codes)
. Moy require voter opprovol of fines ond penolties for corporotions ond property owners thot violote stote ond locol lows unless o new, undefined odjudicotory process is used to impose the fines ond penolties. Exomples include nuisonce obotement, orgonic woste reduction requirements, ond foilure to mointoin o vocont property.
2 C al i f o r ni aC it gF i namce. C o vvt
Rev.January 14,2023
Fiscal and Program Effects of
lnitiative 21-0042A1 on Loca! Governments
lf lnitiative 21-0042A1 is placed on the ballot and passed by voters, it will result in:
. Over $20 billion of local government fee and charge revenues over 10 years placed at heightened lqal peril. Related public service reductions across virtually every aspect of city, county, special district, and school services especially for drinking water, sewer sanitation, and public health and safety. . About $2 billion of revenues each year from fees and charges adopted after January 1,2021 subject to lqal peril.l
. Over $2 billion dollars of annual revenues from dozens of tax measures approved by voters between January 1, 2022 and the effective date of the act2 subject to additional voter approval if not in compliance with the initiative.
. lndeterminable legal and administrative burdens and costs on local government from new and more empowered legal challenges, and bureaucratic cost tracking requirements. r The delay and deterrence of municipal annexations.
. Substantially higher legal and administrative cost of public infrastructure financing which will delay and deter new residential and commercial development.
o Service and infrastructure declines including in fire and emergency response, law enforcement, public health, drinking water, sewer sanitation, parks, libraries, public schools, affordable housing, homelessness prevention and mental health services.
1. Local Government Taxes and Services Threatened
With regard to taxes, lnitiative 21-OO42A1'.
. Prohibits advisory, non-binding measures as to use of tax proceeds on the same ballot. o Voters may be less informed and more likely to vote against measures. . Eliminates the ability of special tax measures proposed by citizen initiative to be enacted by majority voter approval (Upland).3
o Because the case law regarding citizen initiative special taxes approved by majority vote (Upland) is so recent, it is unknown how common these sorts of measures might be in the future. This initiative would prohibit such measures afier the effective date of the initiative. Any such measures adopted after January 1, 2022 through the effective date of the Act should it pass would be void a year after the effective date of the initiative. o Requires that tax measures include a specific duration of time that the tax will be imposed. This seems to require that all tax increases or extensions contain a sunset (end date). o This would require additionaltax measures to extend previously approved taxes. . A city charter may not be amended to impose, extend, or increase a tax might interfere with the ability of cities that do not already have such authority in their charters to adopt Property Transfer Taxes. o There are no more than a few of these every few years, but it is a valuable tax for those that adoPt it.
1 Assumes fee increases sinceJanuary 7,2022 would be sutrject to possible legal chdlenge if not adopted in compliance with the Initiative.
2 The effective date of the initiative would be sometime in December 2024,the date the California Secretary of State certifies the election results of the November 5,2024 election.
3 Unlike the initiative 17-0050, this initiative does not eliminate that ability of cities and counties to adopt general taxes by -"i".ity voter approvd.
a
O
-2- rev January 14,2023
Requires that a tax measure adopted after January 1,2022 and before the effective date of the initiative that was not adopted in accordance with the measure be readopted in compliance with the measure or will be void twelve months after the effective date of the initiative. o lf past election patterns and elections in 2022 are an indication, over 200 tax measures approving more than $2 billion annual revenues to support local public services would not be in compliance and would be subject to reenactment. Most will be taxes without a specific end date and special taxes (including parcel taxes). Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, the measures would each require declaration of emergency and unanimous vote of the governing board to be placed on a special election ballot within ayeat for approval or the tax will be void after that date. I would expect most to succeed, but some will not, in particular citizen initiative majority vote special taxes which would have to meet a higher voter approval threshold to continue.
Requires voter approval to expand an existing tax to nerrtr territory (annexations). This would require additional tax measures and would deter annexations and land development in cities. o lf a tax is "extended" to an annexed area without a vote after January 1, 2022, it will be void 12 months later until brought into compliance. Because there is no regularly scheduled election within the 12 months following the effective date of the initiative, such extensions would each require unanimous vote of the agency board to be placed on a special election ballot or would be void a year later.
1.a. Number of Measures and Value of Local Taxes at RislC Over a hundred local measures were approved in 2022 that likely do not comply with the provisions of lnitiative 21-OU2A1. Nearly $2 billion of annual revenues from these voter approved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures. We can expect a similar volume of measures in 2024 and a similar volume of non-compliance. So the combined total of annual local funding directly affected by lnitiative 21-0042A1due to its retroactivity provision is about $4 billion.
Citizen lnitiative Specia! Taxes in 2O22.
Special taxes placed on the ballot by citizen initiative and approved after January 1,2022 by a majority but less than two-thirds of the voters are out of compliance with lnitiative 21-0042A1.
On June 7 ,2022, there were three local special tax measures placed on the ballot by citizen initiative. Two failed to get majority voter approval. A one percent transactions and use tax (sales tax) for the John C. Fremont Healthcare District in Mariposa County received 69.6 percent approval, over the two thirds needed for any special tax under California Constitution Article XlllC. So this measure was passed in compliance with lnitiative Zl00/'241.
Jtne 2022Initiative Special Taxes - majority voter approval Rate
Estimated
Annual Revenue
$ 150.0m
Aoencv Name
John C. Fremont
Healthcare Distnct
Countv
Mariposa Measure N
Tax/Fee
Transactions
& Use Tax
I cent
Use
hospital
Sunset YES%
4Qrs 6e.6% PASS
County ofKings Kings Measure F
Transactions
& Use Tax
l/2 cent $ r 1,700,000 fire none 37.6% FAIL
Manhattan Beach
USD [,os Angeles Measure A
School Parcel
Tax $ 1095/-v"r $ 12,0m,000 schools 12yn 312% FAIL
On November 8,2022, there were 14 local special taxes placed on the ballot by citizen initiative. Seven of these a Source: Compilation and summary of daa from County elections offices.
C al if o rni a C it g F i nanc e. co wr
Volers
. Locol odvisory meosures ore prohibited. No meosure moy oppeor on the bollot osking for opprovol of o generol tox thot would express the voters' preference for how the tox revenue should be used.
. Overturns Uplond decision so toxes proposed by initiotive ore subject to the some rules os toxes ploced on the bollot by o city council.
. Voters moy noi omend o city chorter to impose, extend, or increose o tox or fee.
Fisco!
Puts opproximotely $2 billion from fees ond chorges of risk eoch yeor, subject to legol peril.
Puts opproximotely $2 billion of onnuol tox revenue of risk. Mony tox meosures opproved between 2022-2024 will need to be resubmitted to voters to comply ond be reopproved.
TATKING POINTS
Jeopordizes vilol locolond slole services
. This for-reoching meosure puts of risk billions of dollors currently dedicoted to criticol stote ond locol services.
o lt could force cuts to fire ond emergency response, low enforcement, public heolth, porks, librories, offordoble housing, seryices to support homeless residents, menfol heolth services, ond more.
Undermines voter righls, tronsporency, ond occountobility o This misleoding meosure chonges our Constitution to moke it more difficult for locol voters to poss meosures needed to fund locol services ond projects. o lt olso includes o provision thot would retrooctively concel meosures thot were possed by locol voters
-
effectively undermining the rights of voters to decide for themselves whot their communities need.
o lt would limit voter input by prohibiting locol odvisory meosures, where voters provide direction to politicions on how they wont their locol tox dollors spent.
Opens the door for lowsuils, bureoucrocy, ond red tope lhot will cosl loxpoyers ond hurl our communilies
. The meosure would encouroge lowsuits, bureoucrocy, ond red tope thot would cost locol toxpoyers millions
-
while significontly deloying ond stopping
investments in vitol services.
a
3 Gives weollhy corporolions o mojor loophole lo ovoid poying their fqh shore -
forcing locol residenls
ond loxpoyers to poy more
o The meosure would creote new constitutionol loopholes thot ollow corporotions to poy for less thon their foir shore for the impocts they hove on our communities, including locol infrostructure ond our environment
-
shifting the burden ond
moking individuol toxpoyers poy more.
Allows corporotions to dodge enforcement when they violofe environmenlol, heqllh, public sofely, ond olher lqws
o The deceptive scheme moy creote new loopholes thot moke it much more difficult for stote ond locol regulotors to issue fines ond levies on corporotions thot violote lows intended to protect our environment, public heolth ond sofety, ond our neighborhoods.
4 - 3 - rev January 14,2023
measures failed with less than majority voter approval. The other seven measures received majority, but less than two-thirds, voter approval. These measures passed under current law but are out of compliance with lnitiative2l' Of/;2A1. Taken together these seven taxes will provide estimated annual revenues of from $900,000 to $1.4 billion in support of parks and recreation, zoo, library, affordable housing, transportation, homelessness prevention, and schools in these communities.
November 2022lnitiative Special Taxes - majority voter approval E*lmated
Aqencv Name Countv Tax/Fee Rate Annual Revenue
Crockett Conrrunrrv - :'"-.*"::"-.-"-' ContraCosta MeasureL ParcelTax $5O/parcel $60,000 Services Dstrict
Use Sunset YES%
parks/recr none ez.e7. PASS
Oakland Alaneda Measure Y Parcel Tax $68/parcel $ 12,000,000 bo 20yrs 62.s% PASS County of Mendocino Measure O
Transactions
& Use Tax
l/8 cent then l/4
cent in 2027
$4.000.m0 library none 60.t% PASS
Property los Angeles Los Angeles Measure ULA Transfer Tax 4oh if >$5r+ 5.5o/o
if>$l0m
affordable
$600 m to $1. I b n one
hous ing
573% PASS
County ofSacranrnto Measure A
Transactions
& Use Tax
sanr l/2cent $212,512,5N transportati 4Qrs 55J% PASS
San Francrsco Proposition M
Business S250G$5000/
Operations Tax vacanl resid unrt
$20,0m,000 housing 30yrs 54.5% PASS
Santa Monica [.os Angeles Measure GS
Property
Transfbr Tax
$s6l$1000 if
>S8m $ 50,000,000
schools,
honrlessne
ss, afford.
hous ing
no ne s33% PASS
I Total $900.000 to I
I st + uiltion I
Aqencv Name Countv
County ofCalaveras Measure A
Tax/Fee
Transactions
& Use Tax
Rate
I cent
Estimated
Annual Revenue Use
$ 5,000,000 fre
Sunset YES%
none 49.4% FAIL
South San Francisco
(for Schools)
San Mateo Measure DD School Parcel
Tax
$2.50/sf $ 55.900.(m schools none 47 2% FAIL
Transactions
& Use Tax
l/5 ct, $ 36,000,000
Calif State
Univ County 2Wn 46.Y/' FAIL of Fresno (for CSU ) Measure E l/40 ct (Reed lev)
Santa Cruz Santa Cruz Measure N Parcel Tax $6klvacant SFU )C\C( vacant
property )oo( 44.2'/, FAIL
County ofMonterey Measure Q ParcelTax $49lparcel $ 5,500,m0 childcare lQrs 4l.l% FAIL San Francisco City
College
Measure O
School Parcel
Tax
San $150/stu $ 37,000,(m schools lffrs 36.7"/, FAIL
Francisco
Morro Bay San tlis
Obispo
Measure B ParcelTax $l2Gr/parcel S680,000 harbor none 36.0Pl" FAIL Inverness Public
Utiliry District
Marin Measure O Parcel Tax $ 276.000 fire none 27.V/. FAIL Non€pecific Tax Durations in 2022
Voters approved 1 06 measures in June 2022 (10) and Novemb et 2022 (96) that do not provide a specific duration of time that the tax will be imposed (end date). Typically, the ballot titles for these measures state that the tax would be imposed "until ended by voters." Four of these measures also did not include any estimate of the annual revenues that the tax would generate, another violation of initiative 21-0042A1. Taken together, these approved local measures generate $SSl mltlion per year that will expire a year after the efiective date of the initiative if I nitiative 21 -OU2A1 passes.
C al if o rni aC itg F inance. co rn
$0.20lst
$150/vacant
Measures in2022 with Non-Specific Durations
rev January 14,2023
Ue Sunset YES%
none 71.4% PASS
Agencv Name Countv
Oakland Alanrda Measure T
Tax/Fee
Elusiness Tax
Ccneral
-4-
Rate
various
Annual
Revenue
$ 20,900,000
Culver City Los Angeles Measure BL various $ 10,m0,000 none 60.5% PASS Business Tax
General
El Segundo Los Angeles Measure BT Business Tax
General
various 53,000.000 none 5I.2% PASS
Pico Rivera Los Angeles Measure AB Business Tax
Crneral various $ 5,800,000 none 75.5% PASS
Santa Ana Orange Measure W
Business Tax
Crneral
vanous neutral none 64.8% PASS
Tracy San Joaquin Measure B
Business Tax
Crneral various $ 3,2m,000 none 72.6% PASS
Burlinganr San Mateo Measure X
Elusiness Tax
Crneral vanous s 2.500.000 none 75.I% PASS
los Catos Santa Clara Measure J
Business Tax
Geneml
various $ I,100,000 none s3.4% PASS
Santa Clara Santa Clara Measure H
hrsiness Tax $45/enployee,
Crneral $l5/rentalunit $ 6,000.000 none S9.5% PASS
Brsbane San Mateo Measure O $2.50/nn/day $250,000 none 69.2% PASS Bus iness Tax
lodgng busn
Fast Palo Alto San Mateo Measure lBusiness Tax
resid. rentals
2.5o/o
grossRcpts $ 1,480,000 none 69.9% PASS
County of Santa Cruz Unincorporated Measure C l2.5cents/cup $700,000 Elusn Taxdisp cups
none 6E.2% PASS
South lake Tahoe El Dorado Measure G
Busn Tax
Cannabis
6%o retatl,
$ 950.000 none 62.9% PASS
McFarland Kem Measure O
Busn Tax
Cannabis
87o ofgross
$ 1.800.000 none 63.5% PASS retail,
Avenal Kings Measure C
Busn Tax
Cannabis
$25+/sfor
$ 600,000 none 61.E% PASS I 57o qr rcpts
Baldwin Park [,os Angeles Measure CB Elusn Tax
Cannabis
4o/o
grcssRcpts $ 3m.000 none sIJ% PASS
Clarennnt Busn Tax
C-annabis
4o/c7o/o gr
rcpts, $l- $ 500,000 none 6l.l% PASS
County of los Angeles Unincorporated Measure C
Busn Tax
C-annabis
4%o gross
$ 1s,170,000 none 60.I% PASS retail,
Cudahv [,os Angeles Measure BA Busn Tax
Cannabis
l5o/o
grossRcpts $ 3,600,000 none 54.0% PASS
El Segundo los Angeles Measure Y
Busn Tax
Can nab s
lE/o
CrossRcpt, $ 1,500.000 none 72.S% PASS
Henrpsa Beach los Angeles Measure T
Busn Tax
Cannabis
lV/o
GossRcpt, $ 1,500,000 none 67.6% PASS
Lynwood Los Angeles Measure TR syotoloyo $ 3,000,000 none 66.4% PASS Busn Tax
Cannabs
Santa Monica los Angeles Measure HV Busn Tax
C:nnabis
l0Plo Sross
Rcpts
$ 5,000,000 none 66.4% PASS
South E Monte los Angeles Measure CM 67o special
elcise taxon $ 126,000
Busn Tax
Cannabis none 53.7% PASS
Monterey Monterey Measure J 6%grossRcpt $1,300,000 none 65.2% PASS Busn Tax
Cannabis
Pacific Crove Monterey Measure N 6% grossRcpt $ 300,000 none 70.s% PASS Busn Tax
Cannabis
Huntington Beach Orange Measure O
C a I if o rni aC it g F i nanc e. co un
none s4.7% PASS
Busn Tax
Cannabis
60/o retail, lo/o
other $ 600.000
Los Angeles Measure CT
Measures in2022 with Non-Specific Durations
Measure T
Tax/Fee
Busn Tax
Cannabis
-5-
Rate
4o/alV/o of
gross receipts
Annual
Revenue
s 750.000
rev January 14,2023
Use Sun$t YES%
none 6l.l% PASS
Aqencv Name Gountv
laguna Woods Orange
Corona Riverside Measure G
Busn Tax
Cannabis
9o/o ofgross
receipts for $ 5,000,000 none 61.6% PASS
Montclair San Bernardino Measure R
Ehrsn Tax
Cannabis
T/o
srossRcots
$ 3,500.000 none 703% PASS
County of San Dbgo Unincorporated Measure A
Busn Tax
Cannabis
6Vo retail,3o/o
distribution. $ 5,600,000 none 57.4% PASS
Encinitas San Dego Measure L
Busn Tax
Cannabis
4o/oto 7o/o of
gross receiDts
$ 1.400.000 none 6s.l% PASS
Healdsburg Sononn Measure M STogrossRcpt $500,000 none 72.7% PASS Busn Tax Cannabis
Ereter Tulare Measure B
Busn Tax
Cannabis
lFlo retail and
other. $10/sf
none 66.s% PASS
Tulare Tulare Measure Y
Busn Tax
Cannabis
l0lo retail and
other, $10/sf
? none 65.2% PASS
Woodland Yolo Measure K
Busn Tax
Cannabis
lP/o
grossRcpts
none 66.2% PASS
Redhnds San Bemardino Measure J
Busn Tax from$0.047/sf
Distrib centers to $0.105/sf
$ 530.000 none 53.s% PASS
Arcadia los Angeles Measure SW
Busn Tax 5o/o
Spo(sBetting grossRcpts
nla* none 63.e% PASS
Albany Alanrda Measure K ParcelTax $0.074+/sf $ 1,950,000 frelEMS none 76.0% PASS canrron Park Airport H Dorado Measure J parcelrax by $600 to $900/parcel
$ r 17,900
airporV
none 7E.2% PAS9
District slreets
Highlands Village
Lighting Benefit Zone
El Dorado Measure L ParcelTax $l4GVparcel $ 10,920 streets none 363% PASS Knolls hoperty
Orvners CSD
El Dorado Measure P ParcelTax
by $30Or to $ 8.400 streets none 75.5% PASS
Sundance Trarl Zone of
Be nefrt
El Dorado Measure C ParcelTax 56ffir/yr $ 24,000 roads none 73.2% PASS South Pasadena los Angeles Measure LL ParcelTax xs( ,.! library none 86.2% PASS River Delta Fire District Sacrantnto Measure H ParcelTax $90iyr $ 130'000 fire none 72.I% PASS Enrryville Alanrda Measure O PropTransfTax
$ls/$lmo if
$lrn$2nr, $ s,000,000 none 71.6% PASS
San Mateo San Mateo Measure CC PropTransfTax
by lYoto l.5o/o
if>$l0m $ 4,800.000 none 7l.s% PASS
Alanrda Alanrda Measure F TOT by 4Yoto l4o/o $ 910,000 none 59.2% PASS Clovis Fresno Measure B TOT by 2%oto lT/o $ 500,000 none 69.7% PASS Kenrnn Fres no Measure G TOT lV/o $ 40.m0 none 623% PASS Trinidad Hunboldt Measure P TOT by 4o/oto llYo $ 65,000 none 77.6% PASS Inpenal Inperial Measure G TOT by 4ohlo l2.o/o $ 600,000 none 56.2% PASS Arcadia [,os Angeles Measure HT TOT by 2%oto l2.o/o $ 730,000 none 54.I% PASS Santa Monica Los Angeles Measure CS TOT by lo/o"3Yo
honr shares
$ 4, l 00,000 none 73.70l" PASS
Notes
?= Ballot rneasure title did not include an estimate of annual revenues, also not in compliance with Initiative 27-004247. nf {= Arczrdia Measure SW passed but sports betting remains illegal after the failure of Propositions 26 and 27 ot the November satewide ballot.
C al if o rni a C it g F i nanc e. co vn
2 ,|
-6-
Measures in2022 with Non-Specific Durations
Aqencv Name Countv Tax/Fee Rate
rev January 14,2023
Use Sunet YES%
Anaheim Orange Measure J TOT none 59.2% PASS online travel conpanies
Annual
Revenue
$ 3,000,000
ta Palrm Orange Measure P TOT by 4o/oto lT/o $ 200,000 none 7I.I% PASS Colfax Placer Measure B TOT by 2VotolV/o $ 29.000 none 73.5% PASS Rocklin Placer Measure F TOT by 2o/oto l9/o $ 300,000 non e se.s% PASS Roseville Placer Measure C TOT by 4%oto lw/o $ 3,000,000 none 73.0% PASS Big Bear take San Bemardino Measure P TOT by 2Yoto lE/o $ 1,300,000 none 54.4% PASS Cirand Tenace San Bemardino Measure M TOT new l0Plo $ 250.000 none 51.9% PASS Yucca Valley San Bemardino Measure K TOT by So/oto lT/o $ lJm,000 none ?1.e% PASS Inperial Beach San Dego Measure R TOT by 4%oto l4Vo $400,000 none 67.4% PASS E Paso de Robles San Luis Obispt Measure F TOT by lyolo llYo S 750.000 none 61.2% PASS Belnnnt San Mateo Measure K TOT by 2%oto l4%o $ 600,000 non e 79J% PASS Millbrae San Mateo Measure N TOT by Zo/oto l4o/o $ 1,500,000 none 75.8% PASS County ofHun$oldt Unincorporated Measure J TOT by 2o/oto l2o/o $ 3,080,000 none 633% PASS County ofPlacer -
North Tahoe TOT Area Measure A TOT by 2%oto lE/o $ 4,000,000 none 9O.O% PASS County of Santa Cruz Unincorporated Measure B TOT by lYoto l2P/o $ 2Jm,000 none 6e.2% PASS County ofE Dorado -
Measure S TOT 2/3 by 4o/oto l4%o $ 2,500,000 none Sl.8% PASS East Slope Tahoe Chico Butte Measure H TdJT I cent $24,000,000 none s2.4% PASS Mendota Fres no Measure H TrUT 1.25 cent $ 493,498 none 57.2% PASS Blue take Hunboldt Measure R TrUT I cent $ 30,000 none ss.4% PASS Rio Dell Hunboldt Measure O TrUT 3/kenl $400.0m non e 533% PASS County of Kem unincorporated areas Measure K TrUT I cent $ 54,000,000 none 50.8% PASS McFarland Kem Measure M TrUT I cent $s'19.6A none 62.2% PASS Kem Measure S TrUT I cent $ 4,000,000 none 57.2% PASS
Avenal Kings Measure A TilJT I cent $ 500.000 none 72.5% PASS Susanville Lassen Measure P TrUT I cent $ r,7s0,000 none s4.?% PASS Baldwin Park [,os Angeles Measure BP TrUT 3l4cent $6,000,000 none 58.I% PASS Malibu Los Angeles Measure M( TrUT ll2cent $3,000,000 nonc 52.6% PASS Monterey Pa* l-os Angeles Measure MP TrtJT 3/4cent $6,000,000 none 5E.5% PASS Tonance los Angeles Measure SSI TrUT ll2cent $ 18,000,000 none ss.00/" PASS tarkspur Marin Measure G TrUT l/4 cent $ 700.000 none S9.4% PASS Sand City Monterey Measure L TrUT by l/2cent to
L5cents $ 1,400.000 none 6E.7% PASS
Henrct fuverside Measure H TrUT sanr I cent $ 15,000,000 none 5E.0% PASS Elk Gove Sacranrnto Measure E TrUT I cent $21,000,000 none 54.I% PASS Cah Sacranrnto Measure Q Tr{-IT I cent $ 3,600,000 none s2.4% PASS Colton San Bemardino Measure S TrUT I cent $ 9,500,000 none 66.8% PASS Ontario San Bernardino Measure Q TrUT I cent s 95,000,0m none s3.2% PASS Solana Beach San Dego Measure S TflJT I cent $ 3.000.000 none 66.7% PASS Brisbane San Mateo Measure U TrUT ll2cent $2,000,000 none 63.e% PASS Cnleta Santa Barbara Measure B TrUT I cent $ 10,600,000 none 64.7% PASS Solvang
C al i f o rni a C it g F inanc e. co vvt
Santa Barbara Measure U TrUT I cent $ 1,600.000 none 63.I% PASS -7- rev January 14,2023
Use Sunset YES%
none 64.4% PASS
Measures in2022 with Non-Specific Durations
Agency Name Countv Tax/Fee
Watsonville Santa Cruz Measure R TrUT
Rate
l/2 cent
Annual
Revenue
$ 5,000.000
Vallejo Solano Measure P TrUT 7/8 cent $ 18.000.000 none 54.7% PASS Modesto Stanislaus Measure H TrUT I cent $ 39.000.000 none 62.3% PASS County ofColusa Measure A Trlll 2t3 ll2 cent S 2,400,000 EMS none 69'4% PASS Atwater Me rce d Measure B TrUT 2/3 sanr I cent $4,000,000 police/ftre none 73.7% PASS Truckee Nevada Measure U TrllT 213
by l/4 cent to
l/2 cenl $ 3,000,000
open s pace
/ trails
none 76.4% PASS
Palo Alto Santa Clara Meas ure L UtilityTrans fe r ltr/o las $ 7,000,000 none 7?.7% PASS Santa Clara Santa Clara Measure G UtilityTransfe r 5% $ 30.000.000 none S4.2% PASS Hercules Contra Costa Measure N UUT 80h $ 3,600,000 none 6e.3% PASS Carson t os Angeles Measurc UU UUT T/o electr, gu $ 8,000,000 none 7t.4% PASS Sebastopol Sononn Measure N U[-IT 3.75% (sanr) $ 700,000 none S3.5% PASS Co-temporal Advisory Measures in 2022
At the November 2022 election, there was just one local general tax measure that was accompanied by an advisory measure as to the use of funds. The City of Santa Monica's Measure DT property transfer tax failed with just 34 percent approval as voters instead chose the citizen initiative Measure GS.
There was also just one such tax use advisory measure on the June 2022 election. Susanville's voters passed Measure P, a 1 percent transactions and use (sales) tax that generates $1.75 million per yeaf for general city services. The measure was accompanied by advisory Measure Q, accompanied the city's lt asked, "lf Measure P passes, should the revenues be used to balance the budget to maintain and enhance existing public safety services (police and fire), and provide funding to support street infrastructure improvements and provide funding to support economic development efforts designed to increase businesses, jobs and visitors to Susanville?' Both measures passed. Under lnitiative 21-0A42Al , the tax will expire a yeat after the effective date of the initiative (i.e., in December 2025).
1.b. Additional Costs and Public Service Effects of the Tax Provisions Assuming a similar volume of local measures through 2024 as we saw in 2022, there will be over 200 local measures that will need to be redrafted to comply with the lnitiative and placed back on the ballot for the taxes to continue after December 2025. The costs of re-drafting, re-placing and re-voting on these measures, previously legally approved by voters, will be in the tens of millions in total statewide.
2. "Exempt Charqes" (fees and charqes that are not taxes) and Services Threatened With regard to fees and charges adopted after January 1,2022,lnitiative 2'|-OO42A1:
. Subjects new fees and charges for a product or service to a new "actual and reasonable test." . Subjects fees and charges for entrance to local government property; and rental and sale of local government property to a new, undefined, "reasonable" test. . Allows legal challenge to any tax adopted before the effective date of the initiative and after January 1, 5 The Susanville measure also did not include a specific end date and so is included in the list and totals of those measults.
C al tf o rni aC itgF inance. co wr
- I - rev January 14,2023
2022. Such a lawsuit could enjoin (stop) the enactment of the tax pending the outcome of the legal challenge.
. Subjects a challenged fee to new higher burdens of proof if legally challenged.
2.a. Value on New Local Government Fees and Charges at RislC Mrtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate nanr users and activities. Most of these would be subject to new standards and limitations under threat of legal challenge. Based on the current volume of fees and charges imposed by local agencies and increases in those fees simply to accommodate inflation, the amount of local government fee and charge revenue placed at risk is about $2 billion per year including those adopted since January 1,2022. Of $2 billion, about $900 million (45 percent) is for special districts, $800 million (40 percent) is cities, and $300 million (15 percent) is counties.T Major examples of affected fees and charges are:
1. Certain water, sanitary sewer, wastewater, garbage, electric, gas service fees.
2. Nuisance abatement charges - such as for weed, rubbish and general nuisance abatement to fund community safety, code enforcement, and neighborhood cleanup programs.
3. Emergency response fees - such as in connection with DUl.
4. Advanced Life Support (ALS)transport charges.
5. Business improvement district charges.
6. Fees for processing of land use and development applications such as plan check fees, use permits, design review, environmental assessment, plan amendment, subdivision map changes.
7. Document processing and duplication fees.
8. Facility use charges, parking fees, tolls.
9. Fines, penalties.
10. Fees for parks and recreation services.
2.b. Additional Costs and Public Service Effects of the Fee/Charge Provisions ln addition to service delays and disruptions due to fee and charge revenues placed at greater legal risk, there would be substantial additional costs for legal defense. The risk to fees and charges will make infrastructure financing more difficult and willdeter new residentialand commercialdevelopment. ********t**
6 Source: California State Controller Annual Reports of Finaocial Transactions concerning cities, counties and special disuicts, summarized with an assumed growth due to fee rate increases (not population) of 2 percent annually. 7 School fees are also affected but the amount is negligible by comparison.
C al if o rni a C it g F i nanc e. co wt,
Business Roundtable Board
Aera Energy
Albertsons
AItria (tobacco)
Anthem Blue Cross
Automobile Club of Southern California
Bittle Enterprises (Enterprise
Rent-a-car)
Blackstone
Caruso Management (Rick Caruso)
Chevron
C.J. Segerstrom & Sons
Dart Container
DLA Piper (Law Firm)
Douglas Emmett
Eli Lilly & Company
Exxon
Farmers Group (lnsurance)
Fivepoint (Developer)
Global Medical Response Solution
Grimmway Farms
Irvine Company
KB Homes
Kilroy Realty
LevatoLaw
Majestic Realty
Marathon Petroleum Corp.
McKinsey & Company
National CORE
PepsiCo
PhRMA
Sempra
State Farm
Sutter Health
Union Pacific Railroad
United Airlines
UPS
Valero
Western National Group
Wells Fargo
Wellpoint (insurance)
Western National Group
Cqliforniq Business Roundrqble
"To.xpqyer Protection ond
Government Accounlobility Aci"
Proposed Text qnd Attorney
Generql Filing
E}ELL, MCA}IDREW.S & ETILTACIII{' LLP
ATTORNEVS A.NO COUN9ELORS AT LAW
453 CAPITOL MALL. SUITE €OO
SACFIAXENTO. CALITOFTN IA 956I'+
19t6, 442-7757
FAX {9f6) 442-7759
www.bmhlew.com
21-oo4z AmduI
Anabel Renteria
Initiative Coordinator
Office of the Attorney General
State of California
IrOBox 994?55
Sacramento, CA 94?4J,'255il
]anuary 4,2M2 RECEIVED
JAN 0 \ 2022
IMTTAITV'E COORD INAIOR
ATTORNEY GEMR3}'S OFFICE
Re: InitiativeZl-W2- Amendment Number One
Dear Initiative Coordinator:
purzuant to subdivision (b) of Section 9002 of the Electiors Code, enclosed please find Amendment #l to Initiative No. 21{xJ/i2 "The Taxpayer Protection and Govemment Accountability Act." The amendments are reasonably germane to the theme, purpose or subject of the initiative measure as originally proposed.
I am the proponent of the measure and request that the Attomey General prepare a circulatingtitle and summary of the measure as provided by law, using the amended language.
Thank you for your time and attention processing my request.
Sincerel
Thomas W. Hiltachk
21-OA42Amdt.*/
The Taxpayer Protection and Government Accountability Act [Deleted codifted text is denoted in strikeent. Added codified text is denotedby italics ond underline.l Section L. Title
This Act shall be known, and may be cited as, the Taxpayer Protection and Government Accountability Act.
Section 2. Findings and Declarations
(a) Californians are overtaxed. We pay the nation's highest state income tax, sales tax, and gasoline tax. According to the U.5. Census Bureau, California's combined state and localtax burden is the highest in the nation. Despite this, and despite two consecutive years of obscene revenue surpluses, state politicians in 2021alone introduced legislation to raise more than 5234 billion in new and highertaxes and fees.
(b) Taxes are only part of the reason for California's rising cost-of-living crisis. Californians pay billions rnore in hidden "fees" passed through to consumers in the price they pay for products, services, food, fuel, utilities and housing. Since 2010, government revenue from state and local "fees" has more than doubled.
(c) California's high cost of lMng not only contributes to the state's skyrocketing rates of poverty and homelessness, they are the pushing working families and job-providing businesses out of the state. The most recent Census showed that California's population dropped for the first time in history costing us a seat in Congress. ln the past four years, nearly 300 major corporations relocated to other states, not counting thousands more small businesses that were forced to move, sell or close. (d) California voters have tried repeatedly, at great expense, to assert control over whether and how taxes and fees are raised. We have enacted a series of measures to make taxes more predictable, to limit what passes as a "fee," to require voter approval, and to guarantee transparency and accountability. These measures include Proposition 13 (1978), Proposition 62 (1986), Proposition 218 (1996), and Proposition 25 (2010).
(e) Contrary to the voters' intent, these measures that were designed to contro! taxes, spending and accountability, have been weakened and hamstrung by the Legislature, government lawyers, and the courts, making it necessary to pass yet another initiative to close loopholes and reverse hostile court decisions.
Section 3. Statement of Purpose
(a) ln enaAing this measure, the voters reassert their right to a voice and a vote on new and higher taxes by requiring any new or higher tax to be put before voters for approval. Voters also intend that all fees and other charges are passed or rejected by the voters themselves or a governing body elected by voters and not unelected and unaccountable bureaucrats.
(b) Furthermore, the purpose and intent of the voters in enacting this measure is to increase transparency and accountability over higher taxes and charges by requiring any tax measure placed on the ballot1 either at the state or local level-to clearly state the type and rate of any tax, how long it will be in effect, and the use ofthe revenue generated by the tax.
(c) Furthermore, the purpose and intent of the voters in enacting this measure is to clariff that any new or increased form of state government revenue, by any name or manner of extraction paid directly or indirectly by Californians, shall be authorized only by a vote of the Legislature and signature of the Governor to ensure that the purposes for such charges are broadly supported and transparently debated. (d) Furthermore, the purpose and intent of the voters in enacting this measure is also to ensure that taxpayers have the right and ability to effectively balance new or increased taxes and other charges with the rapidly increasing costs Californians are already paying for housing, food, childcare, gasoline, energy, heahhcare, education, and other basic costs of living, and to further protect the existing constitut:onal limit on property taxes and ensure that the revenue from such taxes remains local, without changing or superseding existing constitutional provisions contained in Section 1(c) of Article Xlll A. (e) ln enacting this measure, the voters also additionally intend to reverse loopholes in the legislative twothirds vote and voter approvat requirements br government revenue increases created by the courts including, but not limited to, Connobis Coalition v. City of lJpland, Chomber of Commerce v. Air Resources Board, Schmeer v. Los Angeles County, lohnson v. County of Mendocino, Citizens Assn. of Sunset Beoch v.
Oronge County Local Agency Formotion Commission, and Wilde v. City of Dunsmuir.
Section 4. Section 3 of Article Xlll A of the California C.onstitution is amended to read:
Sec.3lal Everv levv,_choroe. or exoction of onv kind imoosed bv stote low is either o tax or on exempt chorae.
btU 1al Any change in state stetute low which results in any taxpayer paying a gryLhigher tax must be imposed by an act passed by not less than two-thirds of all memberc elected to each of the two houses of the Legislature, ond submitted to the electorate ond oooroved bv o moioritwote. except that no new ad valorem taxes on real property, or sates or transaction taxes on the sales of real property, may be imposed. Each Act sholl include:
lAl A specific duration of time thot the tox will be impgsed ond an estimote of the dnnual omount expected to be derived from the tox.
B) A soecific and legoltv bindina ond enforceable limitotion on how the revenue from the tox con be soent. lf the revenue from the tax con be soent for unrestricted aeneral revenue purooses. then o statenEnt thot the tco< revenue con be spent for "unrestricted oeneral revenue ourooses" sholl be included in o seoorote. stand-olone section. Anv prooosed chonqe to the use of the revenue from the tax shall be adooted bv a seoamte aA thot is passed bv not less thon twethirds of gll members elected to-eoch 9l th? two houses of the Leoisldture ond submitted to the electorote ond ooDroved bv o moioritv vote. l2t The title and summorv and bollot lobel or auestion reouired .for a meosure oursuont to the Elections Code shall. for eoch meosure orovidinq for the imoosition oI o tox. includino a meosure prooosed bv an etector pursuont to Article ll. in4!de:
(Al The tvoe ond-amgunt or rate of thetax:
(gl The durotion of the tox: ond
2 (C) The use of the revenue derived from the tax.
(d Anv chonoe in state low which results in onv toxoover oovino o new or hioher exemot charge must be imoosed bv on oct possed bv eoch of the tvto houses of the Leoisloture. Eoch o4 shall soecifv the t'voe of exemot choroe os provided in subdivision (el ond the omount or rote of the exemot charoe to be imoued. ldl&) As used in this section ond in Section 9 of Article ll. "tax" means every eay levy, charge, or exaction of any kind imposed by the€tate stote law thot is not on exemot charae. e*eepf+Ae+ettewing' bl As used in this sedion, "exemot choroe' means onlv the followino:
pFo#edtethes ex€eed the reasenable casts te the SHte gf Genferri+lg the benefit er gr:ar*ing the privileBe te the payer.
l!)(2) Areasonoble charge imfesed for a specffic government service or product provided directly to the payorthat is not provided to those not charged, and which does not exceed the r€as€ne$l€ octuol costs to the State of providing the service or product to the payor. @+l+ A charge impese+for the reasonable regulatory costs to the State incident to issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the adm in istrative enfo rcement a nd adjudication thereof. (il A lew. choroe. or exaction collected from locol units oJ qovernment health core oroviders or health core seruice olons that is orimarilv used by the Stote of Californio for the- pulooses gt increasino reimbursement rates or oovments under the Medi-Col progrom, and the revenues of which are orimqrilv used to finance the non-fgderol portion of Medi-Col medical assistance expenditures. (41 A reosonable charge impeseC for entrance to or use of state property, or the purchase, renta!, or lease of state property, except charges governed by Section 15 of Artacle Xl. (5) A finq or penahy, @ includino onv opolicoble interest for nonpovmentthereof. imposedbythejudiciaIbranchofgovernmentor@ostoteodministrative enforcement ooencv pursuant to adiudicotorv due orxess. to ounish a violation of law. (d A lew choroe. gssessment- or exoction collectgd for the oromotion of Colifornio tourism oursuant to Chapter 1 (commencans with Section 13995) of Part 4.7 of Divlsaon 3 of Title 2 of the Government Code.
Ifl{4 Any tax or exemol charge adopted after January L, 2022 W, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effectivedateofthisactunlessthetaxorexemptchargeisreenacted@ laurSV+negerrer+er in compliance with the requirements of this section.
Hfil*d}TheStatebearstheburdenofprovingby@clearandconvincinaevidence that a levy, charge, or other exaction is on exemot choroe and not a lax. The State beors the b provina bv cleor ond convincina evidence thot_the_amount of the exempt choroe is reosonoble alLlh.ql the amount charaed does not exceed the adual cost of orovidina the service or product tothe eayor. k+ the ameunt is ne mere than neeessary te.€ever the reasenable eests €f the gevernrlental aetivity and 3 that the manner in whi€h thes€ €ests are alle€ated te a payer bear a fair er reassnable relataenshiB te the Baye/s bsrdenr enr o
(21The retention of revenue bv. or the povment to a non-oovernmentol enlity ol o lew. choroe. or exaction of onv kind imposed bv stote low, sholl not be afador in determinino whetherthe lew. charoe. or exoction is a tox or exemot choroe.
Bl The characterizotion of a lew. choroe. or exoction of any kind os beino voluntorv. or poid in exchonge for a benl[!!. privileoe, ollowonce. authgrhation. or asset shall not be o foctor in determinina whether the lew, choroe. or exoction is a tox or an exemPt choroe.
Ul The use of revenue derived from the lew. choroe or exoction shall be o factor in determinino whether the lew. charqe or exaction is a tox or exemot charae.
ftl As used in this section:
(Tl "Actuolcost" of Drovidina o service or oroduct meo.ns: fil the minimum dmount necessotv to reimbursq the aovernment for the cost of orovidina the service or aroduct to the oovor ond liil where the omount choroed is not used by the oovernment for onv ouroose othe-r thon reimbunino thot cost. ln computina "actuol cos( the moximum or.nount thot mav be imoosed is the o4u.olcost l*s oll other sources of rcvenue includino. but not limitpC to toxes. other exemot choraes. gronts. and stgte or federol funds received to provide such service or oLoduct.
E) "Eftend" includes. but is not limited to. doino ony of the followino with resoed to a tax or exemPt choroe: lenothening its durotion- delavino or eliminotino its exoirqtion. exoandino its aoplication to a new territorv or closs of povor, or exoandino the bose to which.itsJgte is applied. lgl "lmoase" meons odool enact- reenoct. crede. estoblish. cglled, increase or extend. (4) 'Stote lo$/' includes, but is nat limited to. onv stote stqtute, stfre reguldtion. stote executive ordet. state resolution. stote rulino. stote-opinion letter. or other leaal authoritv or inte.roretatlon odopted. enocted, enforced. issued or imDlemented bv the leaislotive or executive branches of stote oovernment. "Stote low" does not include octions token by the Reoents of the llniversitv of eofifornio. Trustees of the Cotifornia Stote Universitv. or the Boord of Governglq of the Colifornio Communitv Colleoes.
Section 5. Section 1 of Article Xlll C of the California Constitution is amended, to read:
Sec. 1. Definitions. As used in this article:
b) "Actuol cost" of oroujlllng a service or product meons: (il the minimum omount necessQ!!-Lo reimburse the oovernment for the cost ol orovidino the service or oroduct to the oovor, ond liil where the omount choraed is not used bv the oovernment for ony puroose other thon reimbursi|gthat cost. ln comoutino "octual cos1, the maximum omount thot mov be imoosed is the actuol cost less oll other sourCes of revenue includino. but not limited to toxes. other exemot choraes. orants. and stote or federol funds received to provide such service or oroduct.
[bt 'Extend" includes- but is not limited to. doina anv of the fallowind with resoectto o tax, exemDt choroe. or Aftigle Xilt D ossessment fge. or charoe: lenothenino its durotion. delovino or elimlnotino its exoirotion exoondinqjlts apolicotion to o rlgw territorv or class of poyor. or exoondino the bose to which its rote is aoolied.
4 /gl_{a} "General tat'' means any tax imposed for general governmental purposes. (dl "lmoose" meons odopt. enact. reenoct. creote. establish. collect. increose. or extend. /gl-(b) "Local government" means any county, city, city and county, including a charter cfi or county, any special district, or any other local or regional governmental enlity, or on electorgursuo the initiotive power provided bv o chorter or stotute.
(fl "Local law" includes. but is not limited to onv ordinonce. resolution. reaulation. rulino. ooinion lener or other leoal outhorit'v or interoretgtion odooted. enacted. enforced, issued or imolemented bv a locol oovemment.
{g1l-(4 "Special district" means an agency of the State, formed pursuant to general law or a special act, for the local performance of governmental or proprietary functions with limited geographic boundaries including, but not limited to, school districts and redevelopment agencies. &t{dl "Special tax" means any tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a generalfund.
O (+ As used in this article, ond in Section 9 of Article ll, "tax" means every aay-levy, charge, or exaction of any ki nd, imposed by a local geyerf,men+ low thot is not an essgmot chgrge.@gi (il As used in this section. "exemot choroe" means onlv the followina:
hat is net
@eCr and whieh dees net exeeed the reasenable eests te the le€al tevernment t!+2) A reosonoble charge impe€€d for a specific !g!government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasenable octuol costs to the local government of providing the service or product.
E)+l+ A charge impeseC for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the ad min istrative enforcement a nd adj ud ication thereof . (i)(4| A reosonoble charge impeseC for entrance to or use of local government property, or the purchase, rental, or lease of local government property.
I4l5l A fine; or penalty, @ includino anv opolicable interest for nonoovment thereof. imposed by the judicial branch of government or a localgovernment administative enforcement ooencv oursuant to odiudicotorv due orocess, e+a+esulto+ to punish a violation of law.
E)161A charge imposed as a condition of property developrnenl. No levv, gbg_rqe, or exaction reoulotino or related to vehicle miles traveled mav be imoosed os o condition of orooerty development or occuooncv. 6/t44n assessment fee. orchoroe-i@
th€frevisign&ef subieab Article Xlll D,or an ossessment imW*d distict. o porkino ond busingst improvement oreo. or o propeftv ond business improvement district. 5 (71 A charge imposed for o soecific heolth core service orovided directlv to the poyor dnd that is not provided to tllose not choroed. and which does not exceed the reosonable costs to the locltl oovernment of orovidina the heolth core service. As usqd in th-is poraqrooh. o "heofth core service' meons o service lhensed or exemot from licensure bv the stote pursuont to Chaoterc 7 7.3. or 2 of Division 2 of the Heolth and Sofetv Code.
The leeal Bevernment bears the burden ef preving by a prepenCeranee ef the evidenee that a levy, ehargei the gevernmental aetivity and that the manner in whieh these eests are alleeated te a paYer bear a fair er reasenable relatienship te the payet's burdens en; er benefits reeeived fremi the gevernmental aetivitY' Section 6. Section 2 of Article Xlll C of the California Constitution is amended to read:
Sec. 2. Local Government Tax Limitation. Notwithstanding any other provision of this Constitution:
(al Everv lew. choroe. or exoction of anv kind imoosed by local low is either o tox or an exempt chorae. All taxes imposed by any local government shalt be deemed to be either general taxes or special taxes. Special purpose dastricts or agencies, including school districts, shall have no power to levy general taxes. (b) No loeal low maY imPose,
extend, or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote. A generaltax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved. The election required by this subdivision shall be consolidated with a regularly scheduled general election for members of the governing body of the localgovernment, except in cases of emergency declared by a unanimous vote of the governing body. (c)
er after January 1, 1995, end prbr te the eff€€tivedat€ ef this article, shell eentinue te be impesed enlY sug*visien{$,{g} No local lowmay irnpose;-e*end*riner€efe any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote. A special tax shall not be deemed to have been increased if it is imposed at a rate not higher than the maximum rate so approved.
H) The title ond summory and ballat lobel or ouestion reouired for o meosure oursuont to the Elections Code sholl. for egch meosure orovidino forthe imposition of o tax- include:
fil The t'voe ond omount or rate of the tax'
Ql the durotion of the tox' ond
Bl The use of the revenue derived from the tox- lf the oroposed tox is o aenerol tax. the Dhrose "for oeneral Lovernment use" shall be required ond no odvisorv measure moy appear on the some ballot thot would indicate that the revenue from the oenerol tax will. could. or should tn used for o specific puroose. kl Onlv the oovernina bodv of a locol oovernment other thon an elector pursuont to Article ll or the initiative oower orovided bv a chorterpl stotute, shotl have the outhorilyto impose onv exempt charae' The oovernina bodv shall imoose on exe-mot choroe bv on ordinance soecifuinq thg. lvoe of exempt charoe 6 as orovided in Section 7fi) and the omount or rote of the exemot chorae to be impoxd. ondJ2gssed bv the oovernino bodv. ThLs subdivision sholl not opolv to choroes specified in oaraorooh {7) of subdivision 0} of Section 7.
(fl No amendmentto a Chorter which orovides for the imoosition. extension. or increose of a tox or exemot charoe sholl be submitted to or aooroved bv the electors, nor sholl any such amendment to a Chorter heredfter submitted to or ooproved bv the electors become efrective for anv ouroose. bl Anv tox or exelnpt chorae odooted ofter Jonuoru 7 2022. but orior to the effective dote of th.is oct that was not adooted in comolionce with the reouirgmelts o! this section is void 72 months ofter the effedive dote of this oct unless the tax or exemot chorae is reenocted in compliance with the reouirements of this sedion.
{hl4) The local aovernment. blzqrs the burden of orovino bv cleor and convinclno evidence thot a lew. choroe or elqction is an exemot chorae and not o tax. The lual aovernment beors the burden of provino bv cledr ond convincina evidglge that the omount of the erymot chorge is reosonoble ond thot the amo4lt choroed dgeS not exceed the octuol cost of providina the seruice or produgtto the pavor. (21 The retention of revenue by. or the povment to, o non-aovernmentol entiil of o lew. choroe, or exadion ol anv kind imoosed-.bv o local low. shall not_be o foctor in determinino whether the lew ghorge. or. exoction is_g*tax ot exemot chorae.
[3] The chorocterizotion of a lew charoe. or exodion of onv kind imoosed bv o locol law as beino ooid in exchonae for a benefit, privileoe- allowonce, aulioriz$ion. or osset. shall not be focton in determinino whether the lew. charae. or exoction is o tox or on exemot charoe.
Hl The_use al revenue derived fg,m the lew- charae or exoction sh.qU be o factor in determinino Whethg! the lew. choroe, or exoction is a tax or exemot choraeSection 7. Section 3 of Article Xlll D of the California Constitution is amended, to read:
Sec. 3. Property Taxes, Assessments, Fees and Charges timited (a) No tax, assessment, fee, e+ charge, or surcharge, ind shall be assessed bf€m1.egg$sy upon any parcel of property or upon any person as an incident ofpropefi ownership except:
(1)The ad valorem property tax impered+lr€sen described in.Sgction llal of Article Xlll and Section 7{al of ArtkkXlll A, ond described ond enaaed pursuant to.the voter ooprovol requirement in Section 7b) qlArticle XlllA.
(2) Any special non-od volorem tax receiving a two-thirds vote of auolified electors pursuant to Section 4 of Artjcle Xlll
districl_by the Leoislature pur-suont to stotute os it existed on December 37. 2027. (3) Assessments as provided by this article.
(4) Fees or charges for property related services as provided by this article. 7 (b) For purposes of this article, fees for the provision of electrical or gas service shall not be deemed charges or fees imposed as an incident of property ownership.
Section 8. Sections 1 and 14 of Article Xlll are amended to read:
Sec. 1 Unless otherwise provided by this Constitution or the laws of the United States:
(a) All property is taxable and shall be assessed at the same percentage of fair market value. When a value standard other than fair market value is prescribed by this Constitution or by statute authorized by this Constitution, the same percentage shall be applied to determine the assessed value. The value to which the percentage is applied, whether it be the fair market value or not, shall be known for property tax purposes as the fullvalue.
{b} Allproperty so assessed shall be taxed in proportion to its full value. kl Alt proceeds fro.-m the taxation of oropertv shall be apportioned occordino to low to the districts within the counties.
Sec. 14. All propefi taxed by stote or localgovernment shall be assessed in the county, city, and district in which it is situated. Notwithstdndina anv other provision of low. such stote or lgcal DroD?tty toxes shall be oolgtrtioned occordino to low to the distrids within the cwnties.
Section 9. General Provisions
A. This Act shall be liberally construed in order to effectuate its purposes.
B. (1) tn the event that this initiative measure and another initiative measure or measures relating to state or local requirements for the imposition, adoption, creation, or establishment of taxes, charges, and other revenue measures shall appear on the same statewide election ballot, the other initiative measure or measures shall be deemed to be in conflict with this measure. ln the event that this initiative measure receives a greater number of afftrmative votes, the provisions of this measure shall prevail in their entirety, and the provisions of the other initiative measure or measures shall be nul! and void. (2) tn furtherance of this provision, the voters hereby declare that this measure conflicts with the provisions of the "Housing Affordability and Tax Cut Act of 2022" and "The Tax Cut and Housing Affordability Act " both of which would impose a new state property tax (called a "surcharge") on certain real property, and where the revenue derived from the tax is provided to the State, rather than retained in the county in which the property is situated and for the use of the county and cities and districts within the county, in direct violation of the provisions of this initiative. (3) lf this initiatave measure is approved by the voters, but superseded in whole or in part by any other conflicting initiative measure approved by the voters at the same election, and such conflicting initiative is tater held invalid, this measure shall be self-executing and given full force and effect.
C. The provisions of this Act are severable. lf any portion, section, subdivision, paragraph, clause, sentence, phrase, word, or application of this Act is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision shall not affect the validity of the remaining portions of this Act. The People of the State of California hereby declare that they would have adopted this Act and each and every portion, section, subdivision, paragraph, clause, sentence, phrase, word, and application not 8 declared invalid or unconstitutional without regard to whether any portion of thas Act or application thereof would be subsequently declared invalid.
D. lf this Act is approved by the voters of the State of California and thereafter subjected to a legal challenge alleging a violation of state or fuderal law, and both the Governor and Attorney General refuse to defend this Act, then the following actions shall be taken:
(1) Notwithstanding anything to the contrary contained in Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code or any other law, the Attorney General shall appoint andependent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (2) Before appointing or thereafter substituting independent counsel, the Attorney General shall exercise due diligence in determining the qualifications of independent counsel and shall obtain written affirmation from independent counselthat independent counsel willfaithfully and vigorously defend this Act. The written affirmation shal! be made publicly available upon request. (3) A continuous appropriation is hereby made from the General Fund to the Controller, without regard to fiscal years, in an amount necessary to cover the costs of retaining independent counsel to faithfully and vigorously defend this Act on behalf of the State of California. (4) Nothing in this section shall prohibit the proponents of this Act, or a bona fide taxpayers association, from intervenang to defend this Act.
9 cm ot
BAGAPI
EALDEAIW
ABSTAIN
RESOLUTION NO.
A RESOTUTION OF THE CITY COUNCIL OF THE CITY OF TEHACHAPT OPPOSING INITIATIVE NO. 21-0042A1, THE TAXPAYER PROTECTTON
AND GOVERNMENT ACCOUNTABITITY ACT
WHEREAS, an association representing California's wealthiest corporations and developers is spending millions to push a deceptive proposition aimed for the November 2024 statewide ballot; and
WHEREAS, the measure includes undemocratic provisions that would make it more difficult for local voters to pass measures needed to fund local services and infrastructure, and would limit voter input by prohibiting local advisory measures where voters provide direction on how they want their local tax dollars spenU and
WHEREAS, the measure creates new constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on our communities, including local infrastructure and our environmen! and
WHEREAS, the measure may make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
WHEREAS, the measure puts billions of dollars currently dedicated to local services at risk and could force cuts to fire and emergency response, law enforcement, public health, parks, libraries, affordable housing, services to support homeless residents, mental health services, and more; and
THEREFORE, BE IT RESOTVED that the City of Tehachapi opposes lnitiative 27-OO42A7; BE lT FURTHER RESOIVED, that the City of Tehachapi will join the No on lnitiative 27-0042A1, coalition, a growing coalition of public safety, education, labor, local government, and infrastructure groups throughout the state.
PASSED, APPROVED AND ADOPTED on the 3'd day of April 2023 ata regular meeting of the City Council of the City of Tehachapi by the following vote:
AYES:
NOES:
ABSENT:
1 CIry OF
MACHAPI
I-rcALDPARruENT
MICHAEL DAVIES, Mayor of the
City of Tehachapi, California
ATTEST:
TORI MARSH, CMC, City Clerk of the City of
Tehachapi, California
I hereby certifo that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Tehachapi at a regular meeting thereof held on the 3'd day of April 2023.
TORI MARSH, CMC, City Clerk of the City of
Tehachapi, California
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