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, DECEMBER 16, 2024 - 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
ELECTION
1. Swearing in of new officers and presentation of Certificates of Election per Resolution No. 31-24 which provides for the appointment to the offices of the City that were to be elected on Tuesday, November 5, 2024 – PRESENTATION
2. According to Tehachapi Municipal Code Section 2.08.040, the presiding officer of the council shall be the Mayor, who shall be elected by the Council Members, from among their membership except that the outgoing Mayor may not succeed himself or herself - ELECTION OF MAYOR FOR A TWO-YEAR TERM
3. Election of Mayor Pro-tempore – ELECTION OF MAYOR PRO-TEMPORE FOR A TWO-YEAR TERM Brief Intermission to seat new Mayor and Mayor Pro-Tempore
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, DECEMBER 16, 2024 - 6:00 P.M. - PG. 2
CONSENT AGENDA
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. 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.
4. 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. 36-24
Tehachapi City Council Unassigned Ord. No. 24-03-779
Tehachapi Redevelopment Successor Agency Unassigned Res. No. 02-24 Tehachapi Public Financing Authority Unassigned Res. No. 01-24 * 5. Minutes for the Tehachapi City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority, and the Tehachapi City Financing Corporation regular meeting held on December 4, 2024 – APPROVE AND FILE
FINANCE DIRECTOR REPORTS
* 6. Disbursements and bills for November 26, 2024 through December 9, 2024 - AUTHORIZE PAYMENTS
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, DECEMBER 16, 2024 - 6:00 P.M. - PG. 3
AIRPORT MANAGER REPORTS
* 7. Aeronautical Hangar Rental Agreement – Hangar 20W – APPROVE THE AERONAUTICAL HANGAR RENTAL AGREEMENT FOR HANGAR 20W BETWEEN THE CITY OF TEHACHAPI AND LYMAN FREEMAN
AND AUTHORIZE THE CITY MANAGER TO SIGN, SUBJECT TO CITY MANAGER AND CITY ATTORNEY
APPROVAL
DEVELOPMENT SERVICES DIRECTOR REPORTS
* 8. Agreement with Provost & Pritchard for East Side Sewer Lift Station design services – APPROVE THE
AGREEMENT BETWEEN THE CITY OF TEHACHAPI AND PROVOST & PRITCHARD FOR THE DESIGN OF
THE EAST SIDE SEWER LIFT STATION AND AUTHORIZE THE MAYOR TO SIGN, SUBJECT TO CITY
MANAGER AND CITY ATTORNEY APPROVAL
* 9. On-Call Engineering Services Agreement with 4-Creeks, Inc – APPROVE THE ON-CALL AGREEMENT BETWEEN THE CITY OF TEHACHAPI AND 4-CREEKS, INC. FOR PROFESSIONAL ENGINEERING
CONSULTANT SERVICES AND AUTHORIZE THE MAYOR TO SIGN, SUBJECT TO CITY MANAGER AND CITY
ATTORNEY APPROVAL AND FINAL APPROVAL OF RATES BY CALTRANS INDEPENDENT OFFICE OF
AUDITS AND INVESTIGATIONS
10. CEQA determination for the Valley Boulevard Road Resurfacing Project Phase 2 – ADOPT THE CEQA NOTICE OF EXEMPTION FOR THE VALLEY BOULEVARD ROAD RESURFACING PROJECT PHASE 2 AND
DIRECT STAFF TO FILE SAME
* 11. Cooperative agreement with CalTrans District 9 – East Tehachapi Boulevard and State Highway 58 Interchange Project – APPROVE THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF TEHACHAPI AND CALTRANS DISTRICT 9 AND AUTHORIZE THE MAYOR TO SIGN SUBJECT TO CITY MANAGER AND
CITY ATTORNEY APPROVAL
ASSISTANT CITY MANAGER REPORTS
12. Legislative Tracking with GovBuddy – INFORMATION ONLY
CITY MANAGER REPORTS
13. 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.
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, DECEMBER 16, 2024 - 6:00 P.M. - PG. 4
CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: Hangar 26W
Agency Negotiator: Airport Manager, City Manager
Negotiating Parties: Chad Rosacker
Under negotiation: Price and terms of payment
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 300 acre feet of Tehachapi Basin Base Water Rights Lease City negotiator: City Manager, Public Works Director
Negotiation Parties: Parsons and Sons LLC
Under negotiation: Price and terms of payment
3. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) and paragraph (3) of subdivision (e) of Section 54956.9: one case.
4. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (one potential case)
5. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Paragraph (1) of subdivision (d) of § 54956.9
City of Tehachapi, et. al v. Tehachapi-Cummings County Water District (2 cases)
6. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Paragraph (1) of subdivision (d) of § 54956.9
Tehachapi-Cummings County Water District v. City of Tehachapi, et. al.
7. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Mayor
Unrepresented Employee: City Manager
ADJOURNMENT
TEHACHAPI
MEETING DATE: DECEMBER 76,2024 AGENDA SECTION: CITY CLERK
APPROVEO
DEPARTMENT H
CITY MANAGER
HONORABTE MAYOR DAVIES AND COUNCIL MEMBERS
FROM: ASHTEY WHtTMORE, EtECTtONS OFFtCtAL
DATE: DECEMBER T2,2024
SUBJECT: GENERAT MUNICIPAT ELECTION - SEATING OF OFFICERS
BACKGROUND
A General Municipal Election, consolidated with the Statewide General Election, was scheduled to be held in the City of Tehachapi on Tuesday, November 5, 2O24, for the following Offices:
Full term of four (4) years
Full term of four (4) years
Short term of two (2) years
Full term of four (4) years
Full term of four (4) years
As ofthe close ofthe nomination period on August 09, 2024, there were not more candidates than offices to be elected. On August 19th, pursuent to Elections Code I 10229, the council adopted Resolution 31-24 providing for the appointment of the officers that had been nominated.
The persons so appointed were:
City Council District 2
City Council District 3
City Council District 5
City Clerk
City Treasurer
Victoria "Tori" Marsh
leanette Pauer
Michael Davies
Hannah Ch un
Marianna Gutierrez
CITY OF
CALIFORNIA
COUNCIL REPORTS
TO:
City Council Member - District 2
City Council Member - District 3
City Council Member - District 5
City Clerk
City Treasurer
TEHACHAPI POLICE DEPARTMENT COMMUNITY ROOM
220 WEST C STREET
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, DECEMBER 2, 2024 – 6:00 P.M.
NOTE: Sm, Da, Pa, Ch and Po are abbreviations for Council Members Smith, Davies, Pauer, Chung, and Pogon-Cord, respectively. For example, Pauer/Sm denotes Council Member Pauer 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
CALL TO ORDER
Meeting called to order by Mayor Davies at 6:00 pm
ROLL CALL
Roll call by City Clerk Tori Marsh
Present: Mayor Davies, Mayor Pro Tem Pogon-Cord, Councilmember Smith, Councilmember Chung, Councilmember Pauer
Absent: None
INVOCATION
Led by Pastor Nigel Morris, Tehachapi Vineyard Church
PLEDGE TO THE FLAG
Led by Councilmember Pauer
1. CONSENT AGENDA Approved
Sm/Po Ayes All
AUDIENCE ORAL AND WRITTEN COMMUNICATIONS
2. Public comment
CITY CLERK REPORTS
* 3. Minutes for the Tehachapi City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority, and the Tehachapi City Financing Corporation regular meeting held on November 18, 2024 – APPROVED AND FILED
Approved And Filed
Sm/Po Ayes All
Tehachapi City Council Regular Meeting – December 2, 2024 Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN
4. Tehachapi Valley Recreation and Parks District (TVRPD) appointment – GENERAL SERVICES DIRECTOR ASHLEY WHITMORE GAVE STAFF REPORT; DIRECTED
STAFF TO ADVERTISE FOR THE APPOINTMENT OF ONE BOARD MEMBER FOR
THE TEHACHAPI VALLEY RECREATION AND PARKS DISTRICT (TVRPD) WITH A TERM TO EXPIRE ON FEBRUARY 2, 2029
Directed Staff To Advertise For
The Appointment Of One Board
Member For The Tehachapi
Valley Recreation And Parks
District (Tvrpd) With A Term To
Expire On February 2, 2029
Sm/Da Ayes All
FINANCE DIRECTOR REPORTS
* 5. Disbursements and bills for November 13, 2024 through November 25, 2024 -
AUTHORIZED PAYMENTS
Authorized Payments
Sm/Po Ayes All
CITY ENGINEER REPORTS
6. Tract 6668 – Mountain View Investments – Tehachapi LLC; Public Improvements Notice of Completion – CITY ENGINEER ANDREW NORTON GAVE STAFF REPORT; APPROVED THE NOTICE OF COMPLETION FOR TRACT 6668 –
MOUNTAIN VIEW INVESTMENTS-TEHACHAPI LLC PUBLIC IMPROVEMENTS
AND DIRECTED STAFF TO RECORD SAME
Approved The Notice Of
Completion For Tract 6668 –
Mountain View InvestmentsTehachapi Llc Public
Improvements And Directed
Staff To Record Same
Sm/Po Ayes All
DEVELOPMENT SERVICES DIRECTOR REPORTS
7. Tentative Parcel Map No. 12565 – ADOPT A RESOLUTION APPROVING TENTATIVE PARCEL MAP NO. 12565 AND CONDITIONS OF APPROVAL AND
FIND THAT A NOTICE OF EXEMPTION SATISFIES THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
Tabled
ASSISTANT CITY MANAGER REPORTS
* 8. Contract with Zambelli Fireworks Manufacturing Company for July 4, 2025 fireworks display – APPROVED THE CONTRACT WITH ZAMBELLI FIREWORKS MANUFACTURING COMPANY FOR THE JULY 4, 2025 FIREWORKS DISPLAY AT THE COST OF $50,400 AND AUTHORIZED THE CITY MANAGER TO SIGN Approved The Contract With
Zambelli Fireworks
Manufacturing Company For The
July 4, 2025 Fireworks Display At
The Cost Of $50,400 And
Authorized The City Manager To
Sign
Sm/Po Ayes All
CITY MANAGER REPORTS
9. Report to Council regarding current activities and programs – VERBAL REPORT
COUNCILMEMBER REPORTS
CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: 300 acre feet of Tehachapi Basin Base Water Rights City negotiator: City Manager, Public Works Director
Negotiation Parties: Parsons and Sons LLC
Under negotiation: Price and terms of payment
Tabled
Tehachapi City Council Regular Meeting – December 2, 2024 Tehachapi Redevelopment Successor Agency Regular Meeting Tehachapi Public Financing Authority Regular Meeting And Tehachapi City Financing Corporation Regular Meeting ACTION TAKEN
2. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (one potential case)
Tabled
3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Paragraph (1) of subdivision (d) of § 54956.9
City of Tehachapi, et. al v. Tehachapi-Cummings County Water District (2 cases) Tabled
4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Paragraph (1) of subdivision (d) of § 54956.9
Tehachapi-Cummings County Water District v. City of Tehachapi, et. al.
Tabled
ADJOURNMENT
The City Council/Boards adjourned at 6:17 pm to a City Council, Tehachapi Redevelopment Successor Agency, Tehachapi Public Financing Authority and Tehachapi City Financing Corporation Regular Meeting to be held on December 16, 2024 at 6:00 pm.
Adjourned At 6:17 pm
__________________________________
TORI MARSH, CMC
City Clerk, City of Tehachapi, California
Approved this 16th day
of December 2024.
___________________________
MICHAEL DAVIES
Mayor, City of Tehachapi, California
Accounts Payable
Checks by Date - Detail by Vendor Number
User: afiescas
Prilted: 12/1012024 2:01PM
CITY OT
Check No I'endor No
Invoice No
Vendor Name
Description
TE HACHAPI
CALiFORNIA
Ch€ck Drte
RefereDce
Cbeck Amount
ACH 0061
0107904
0107919
0107924
0107925
0r08008
0108015
r07926F.
AH2853s
Ar]28559
4JI29564
4H29132
AH29806
ACH 0127
768847
ACH 0182
9t14
BSKAssociates
Eacaoachment Pcrmil
Encroachment Permit
2024 St. Rehab
SRTS Deniison
Swr/Reclamation Site Mooitoring
Swr/G.oundwater MoDitoriDg
RSTP Capital Hills
W[,Drirking Watar Samples
Wts/Drinking Waler Samples
WtrD.inking Water Samples
Wtr/Drinkitrg Water Samples
Wtr/Drinking Water Samples
Tolal for this ACH Check for VeDdor 0061 I
Total for Vendor 0061 (BSK Associates):
State of Califomia Deparhnetrt ofJustice
PD,{-ivescan /Sep 2024 Billing
Total for this ACH Chcck lor Vendor 0 i27:
Total for Vendor 0127 (State of Califomia Depaftnetrt of Justice):
P&J Electric Inc.
Wtftrstall Met€N at Well Sites
Total for tlis ACH Check lor Vendor 0 1 82:
Total for Veodor 0182 @&J Electric Inc.):
Mission Linen & Uniform Service
PWLinen Maint/Mats
SWTAVWTP Mats
PW'I-inen MaintMa6
Swr/WWIP Mals
PWLinen MaidtMab
S*Y^VWTP Mars
616.75
E89.50
840.75
4,496.60
6,719.O0
3,315.7s
2,155.10
95.05 30.00
95.05 30.00
30.00 I9,313.55
19,313.s5
216.00
216.00
216.00
|,020.29
t,020.29
0300
s22739220
522739221
s22785232
s22785233
5228281r5
s228287t6
|,020.29
2E5.30
38.40 285.30
38.40 285.30
38.40 Total for this ACH Check for Vcndor 0300:
Total for VeDdor 0300 (Missiotr Linen & UDiform Service):
ACH 0347 Quinn Company
97t.t0
971. t0
AP Check by Date - Detail by Vendor Number (1211012024 2.01 PM) Page I Check No Vendor No
Invoice No
Vendor Name
Description
Ch€ck Dste
Reference
Ch€ck Amount
PC080550027
woN60021569
woN6002l5?0
woN6002l5? I
\roN6002 I 572
woN60021573
woN60021575
woN6002159?
woN60021599
PW/E-217 Bucket Tooth
PD/Police Dept GeDemtor Tune-Up
Wtr/PirDn Cenerator Tune-Up
Swr[ift Station G€nerator Tune-Up
Swr/Sewer Generator Tune-Up
St*rni/WTP Generalor Tune-Up
Wtr/Cury Generator Tune-Up
GG/City Hall Geqeralor Tune-Up
Wtr/ Generator TuDe-Up
l16.91
1,899.l7
1,145.08
1,111.26
1,317.93
2,273.65
|,98t.27
1,145.08
2,656,10
Total for this ACH Check for Vendor 0347:
Total for Vendor 0347 (Quirn Company)
t3,646.45
ACH 0362
0028468
0407825
M08215
ACH 0372
]ll52024
rtt5m24-A
I r 1s2024-B
nts2024-c
11152024-D
It52024-E
1115202+F
1lL52024-G
ttl52024-H
tt192024
r\19202+A
t|L92024-9
|202024
11202024-A
t1202024-B
n2t2024
t12t2024,4
11222024
1t222024-A
11222024-8
11222024-C
11222024-D
n232024
tr232024-A
t1232024-B
1123202+C
n232024-D
t1232024-E
RSI P€troleum Products
Pwrunhaded cas
rwlutueaoeo usr/Lhesel f uel
PWrudeaded Cas,Diese I Fuel
13,646.45
3,728.01
4,834.22
3,870.33
Total for this ACH Check for VeDdor 0362:
Total for Vendor 0362 (RSI Petroleum Products):
Southe!tr Califomia Edison
A 8000146155,Dedisotr Vo Hwy 58/Oct 16-N
Air/8000152422/314 N Hayes St/Oct 16-Nov l4
Airl800036 1 33 1,8 I 4 N Hayes St Papiloct l 6-N(
Air/E000EE0034/314 N Hayes St #C3/Oct l6-N(
Air/8001 14420 I /3 14 N Hayes St #B/Oct l6-Nor
Air/E003312447/314 N Hayes Sy'Oct l6-Nov 14
Airl8003312881/9999 l/2 Hayevoct 16-Nov 14
Air/8003326595/316 N Mojave S/Oct l6,Nov I
Air/8003354614 lr'est End Teh Airport/Ocr l6-N
Stts/8000778639/ 1668 Tebachapi Blvd A/Oct lt
S$ts,/80024753 8l /2069 E Tehachapi Blvd B/Oct
Strts/8002489094/2069 E Tchachapi Blvd tuOct
Strts/8000502976/318 East E Sr/Ocr 2l-Nov t9 :
Strts/EoolI15138/114 S Green SVOct 21-Nov 19
Strts/80009?3946/l l3 S Mojave SVOcr 2l-Nov
G:/80021 062'7'l /200 \tl Tehachapi Blvd/Oct 21-
PD/8002893411220 West C St/Oct 22-Nov 20 2
GG/800332665 1/ I 09 E Tehach4i Blvd/Oct 23-l
Swr/8003352493/880 EDterprise/Oct 23-Nov 2l
Swr/8002521204/800 Enterpris€/Oct 23-Nov 2l
Strts/t003885019/333 1,2 E Tehachapi Blvd./Oct
SE1d./8004'951232/209 \/2 E Tebachapi Blvd,/Oct
Strts/E000096590/205 N Mill Syoct 24-Nov 22
Strtv8001230096/335 Tehachapi Blvd Ped/Ocr ,
Strts/8003 3 65285/Tehachapi Blvd o crc€doc
Strts/8003887352/103 Tehachapi Blvd./Oct 2+N
stts/800388751I/101 Tehachapi Blvd #B/oct 2,
CG/801595 8413/704 Vdley Blvd Ped,/Oct 24-N(
Total for this ACH Chect for Vendor 0372:
Total for Vendor 0372 (Southem Califomia Edison):
12432.62
12,432.62
234.9E
92.32 120.87
21.51 354.47
128.72
1 .35
143.07
50.E7
81. r0
33.55 72.71
52.38 97.04
70.12 t51.28
2,56s.67
36.96 l1,960.80
71.00 t4.12
68.75 45.91
29.85 47.58
lll.60
171.08
19,469.21
t9,469.21
AP Chects by Date - Detail by Vendor Number (1210/2024 2:01 PW Page 2 Check No lendor No
lnvoice No
Vendor Name
Description
Check Date
Reference
CheckAmount
ACH 0399
4365880 110124
43658E0 I l0l24A
4365880 1101248
Sparkletts
PWHot-Cold Water Disp€nser
Wtr/Hot-Cold Water DispeDser
Swr/Hot-Cold Water DispeDser
Total for this ACH Check for Vendor 0399:
Total for Vendor 0399 (Sparkletts):
Vulcan Materials Company
Wtrntater Svc Patch Back
Total for this ACH Check for vendor 02141:
Total for Vendor M41 (Vulcan Materials Company):
Tehachapi Seoior Center ltrc.
Utility Cost Support - Meals on Meels,/Dec 202
Utility Cost Support - Meals on Wleels,Nov 202
Total for this ACH Check for Veddor 0/|45:
Total for Vendor 0,145 (Tehachapi Senior Ceoter Inc,):
HD Supplies Inc.
Wh/Cblorhe Reag€nt Set
Total for this ACH Check for Vetdor 0450:
Total for Vendor 0450 (l{D Supplies hc.):
WITTS Everything for th€ Office
GG,4nk/Pens
Total for lhis ACH Check for Vetrdor 0476:
Total fo! Vendor 0476 (WTTS Everything for the Offce):
BSE Rents
CoD,/Propane for Hom€town Christma
Tolal for this ACH Check for Vetrdor 0543:
Total for vetrdor 0543 (BSE Rents):
E6.48
86.48 86.4E
259.M
ACH 0441
2232201
259.44
640.00
640.00
ACH
640.00
400.00
400.00
0445
SC/Dec2024
SC/Nov2024
ACH 0450
INV00541064
ACH 0476
353268
ACH 0543
380331
800.00
1,020.03
1,020.03
1,020.03
137.10
137.10
137.10
94.83 94.83
ACH 0817
10279096r''
102790964-A
10279096/-9
Kimball Midwest
PWShop Supplies
PWShop Supplies
Pwsafety Gloves
94.83 299.90
4t2.63
175.80
A? Ch€cts by Date - Detail by Vendor Number (1211012024 2:01PM) Total for this ACH Check for V€ndor 0817:
Check No Vendor No
Invoice No
Vetrdor Name
Descriptiou
Check Date
Reference
Ch€ck Arnount
ACH 0832
0704583
0704583-A
07045E3-B
0704583-C
Total for vendot 0817 (Kimball Midwest):
ACWA,/JPIA
Medical Insuraoce Premium & Adjustnent/Jan 2
Dental Insumnce Premium & Adjustmeny'Jan 20
Vision InsuraDce Premium & Adjustnent/an 20
Life lDsurance Premium & Adjusnrent/Ja.n 2025
Total for this ACH Check for Vendor 0832:
Toial for Vendor 0832 (ACWATPIA):
Ilindediter del-lamas & Associates
ContracvAudit Services - Sales Tax Oct-Dec 20:
Total for this ACH Check for Vendor 1034:
Total for Vendor 1034 (Hind€rliter dellamas & Associates):
USDA Rural Development
Case #04-01 5-0956000801 lc'ode 921Lo'trt i3 /lnt
Case #M-015-0956000801 lcode 91 lLoarr #l /lnt
Total for this ACH Check for Vendor 1061:
Total for Vendor l06l (USDA Rual Developmetrt):
Eastern Kem Coudty Air Pollution Co[trol
W WTP/R€n€wal Permit
Wtr/Renew.l Permit
PWR€d€v/al P€mit
Air/RcDewal Permit
GcRen€wal Pcrmit
Tolal for this ACH Check for Vendor 1229:
Total for Vendor 1229 (Eastem Kem County Air Pollutiotr Control District):
M&M's Sports Uniforms & Embroidery
PDrudifonn Hat&Beanies
GG/SbirtvJackel.9Embroidery
Total for this ACH Check for Vendor 1286:
Total for Vendor 1286 (M&M's Sports Uoiforms & Embroidery), Bowmao Asphah Inc.
City Wide Pavement Rehab
Total for this ACH Check for Vendor 1404:
Total for vendor l4O4 (Bowman Asphalt tnc.):
888.33
E7,232.08
10,632.01
1,630.86
2,313.10
101,E08.65
101,808.65
t,376.65
ACH 1034
sIN044922
ACH 1061
USDA-Jar 2025
USDA-Jan 2025-A
ACH 1229
EKAP2O24
EKAP2O24.A
EKAP2O2.TB
EKAP2O24-C
EXAP2O24-D
1286
59957
5996E
ACH 1404
R24113-02
t,i76.65
1,376.65
\,289.25
2,33't.'t5
3,62t.O0
3,627.00
2,652.00
1,945.00
151.00
422.00
309.00
5,479.00
ACH
5,479.OO
528.82
7 t0.17
t,239.59
1,239.59
22t,635.O0
221,635.00
221,635.00
AP Checks by Date - Detail by Vendor Number (lAl0/2024 2.01 PNI) P^ge 4 Check No vendor No
Invoice No
Vendor Name
Description
Check Date
Reference
Check Amount
ACH I44I
820614543
9298401770
1982
s-01136387
ACH 2076
905578
ACH 2111
068889
ACH 2592
sw-02996E2
2600
169783'l
t691440
t't00507
ACH 2634
LEl455
Grainger
Strtvseeet Lights
Wh/Nylotr Brushes
Total for this ACH check for Vandor l44l:
Total for Vendor I 44 I (Grainger):
SSD Systems
SWTNIWTP Electic Room
Total for this ACH Check for VeDdor 1982:
Total for Verdor 1982 (SSD Systems):
Lakeside Equipment Corpomtio!
Swr/B€lts Headrorks
Total for this ACH Check for Vendor 2076:
Total for Vendor 2076 (Lakeside Equipment Coiporatiou):
NAPAAUto Parts
PWA/-22 Fulid Filtsr
Total for lhis ACH Check for V€trdor 2 I I I :
Total for Vendor 2 1 I I (NAPA Auto Parts):
SWRCB Fees
PwAnnual Permit F€dJuly 1 2024-Jv 30 2025
Total for this ACH Cbeck for Vedor 2592:
Tolal for Vendor 2592 (SWRCB Fees):
Ho[iday Rock Co. Itrc.
Strts/Sidcwalk Hayos-T€h Blvd
Stits/Sidewalk D St.
StftVsidewalk on Valley Blvd
Total for tbis ACH Check ior Vendor 2600:
Total for Vendor 2600 (Holliday Rock Co. Inc.):
Bakersfield Electric Motor Rspair Inc
Si.r/Screw I Motor Rebuild
Total for this ACH Check for Vendor 2634:
Total for Vendor 2634 @akersfield Elecnic Motor Rspair Inc):
74.M
351.?5
425.19
ACH
425.',79
10.19 10.19
10.79 I,190.75
1,190.75
1,t90.'1s
206.22
200.00
200.00
ACH
200.00
2,2t3.26
1,328.s4
1,000.17
4,541.97
4,54t.91
1,324.91
|,324.97
1,324.97
AP Checks by Dale - Detail by Vetrdor Number (1A1012024 2t0l PM\ Page 5 Check No V€ndor No
Invoice No
Vendor Nam€
Descriptiotr
Check Date
Reference
Check Amount
ACH 283',1
10-10
ACH 28't4
7'74635
ACH 2902
M3525
ACH 2963
225639s0
Tartaglia Engineering
Taxiway Relocation
Tebachapi RV Park & Mini Storage
Tolal for this ACH Check for Vendor 2837:
Total for Vendor 2837 (Tartaglia Engineering):
Departmehr of Justice Accouni-og Oflice
PwlivescanM Sarchez
Tota.l for lhis ACH Check for Vendor 2E?4:
Total for Vendor 2874 (Departrnent ofJustice Accounting Ofrce):
Sim Sanitation Ioc
AirMontbly Std Porttbl€ Rentals
Total for this ACH Check for V€ndor 2902:
Total for Vendor 2902 (Sim sanitation loc):
AT&T
PD/911 InDg Distarce
Total for this ACH Check for Vendor 2963 :
Total for Vendor 2963 (AT&T):
Verizon Wireless
PD,&tobile Comput€n #242395501/Oct 2-Nov I
Total for this ACH Check for Vendor 301 l:
Total for Vendor 301 I (Verizon Wireless):
AECOM Technical Services lnc.
S*T/Sev/er Rate Study
Whnvater Itate Study
Total for this ACH check for V€ndor 3066:
Total for Vendor 3066 (AXCOM Technical Services Inc.):
Sergio G. Soto
Pw,^r'-9 Tircs
PWTE-31 TPMS Chabge
PW/T-Ill New Tires
Wh/V-54 N€w Tires
PWTE4o Tire Chaqe
PW,ry-49 New Tires
PWA/-35 New Tnes
93,rr8.25
t,s22.50
94.640.15
94,640.75
32.00 32.00
160.48
160.4E
2,558.60
2,558.60
2,558.60
880.78
ACH
ACH
30l l
9971604693
3066
2000961688
2000961735
880.78
880.78
7,081.28
4,290.00
lt,311.2E
ACH 3173
265r
26s6
2694
2695
2701
21t8
2720
11,3?1.28
444.9s
25.00 236.19
391.43
27.06 814.85
814.85
A? Checks by Date - D€tail by V€ndor Number (12/10n024 2t0l PM) Page 6 Ch€ck No vendor No
Irvoice No
!'endor Name
Descriptioo
Ch€ck Date
Refer€nce
Check Amount
Total for lhis ACH Check for Vendor 3173:
Total for Vendor 3173 (Sergio G. Soto):
Three Way Automotive Group
Wtr/V-37 Step
Total for this ACH Check for Vendor 3248:
Total for Vcndor 3248 (Thr€e Way Automotive Group):
Kem Coutrty Fire Department
2Q2024-25,f irc Protection Services
Total for thisACH Che.k for Vcndo( 3256:
Total for Veqdor 3256 (Kern Counfy Fire DeparhleDt):
Haddad Dodge
PW,TE-32 Heal Lamp
PW/TE-32 Hinge for Door
Total for this ACH Check for Vendo. 3427:
Total for Vendor 3427 (Haddad Dodge):
Frcsno Rack & Shelving Inc
Swr/WWTP Shelf
Total for tlis ACH Check for Vendor 3504:
Total for Vendor 3504 (Fresno Rack & Shelving Inc.):
Comerstole Elgineering
Higbline Property Sut-vey
Total for lhis ACH Check for Vendor 3524:
Total for vcndor 3524 (comerstore Engineerirg):
West Coast Lights & SireN
PD/TE 45 & TE 46 Upfit
Total for this ACH Check forVendor 3543:
Total for Vendor 3543 (West Coast Lights & Sirens):
Don's Pro Technology Auto Repair
S*r/V 23 Smog
PW,^/-9 Smog
GG,ry-29 Smog
2,',760.33
2,t60.33
595.3E
ACH 3248
'73909
ACH 3504
21183
ACH 3524
4t57',l
ACH 3543
26963
ACH 3564
101607
l0l6l I
101630
595.38
ACH
595.38
153,482.00
32s6
KCFD25-000109
3427
11t394
t'7t414
I51,4E2.00
ACH
153,482.00
422.\8
I I7.96
540.14
540.14
1,112.81
1,1 12.8l
I,t t2.8t
2,614.50
2,614.50
2,6t4.50
46,'/08.'/ 5
46,708.',7s
46,708.'7 5
63.70 63.'t0
59.?0
AP Checks by Date - Detail by Vendor Numbd ( 12110/2024 2:01 PM) Page 7 Check No V€ndor No !'endor Name Check Datc
Referenc€
Check Amount
Invoice No DescriDtion
10t796
101943
101946
101967
t 02102
t 02l l5
102381
r02529
r03038
63.'70
65.42 63.70
63.70 63.'70
63.'t0
63.70 |,629.'t0
'13.69
PW,4/-30 Smog
PW,.rE- I 9 Smog
PW,^/-l I Smog
PWTE-28 Smog
Wtr/V-31 Smog
PW,/TE-24 Smog
PW,^/-24 Smog
PWTE-25 Smog
PW,TE-31 Smog
Tolal fo. lhis ACH Check for Vendor 3564:
Total for Vendor 3564 (Don's Pro Technology Auto Repair):
Td Signal Integation Inc
PD/Annual FM 200 Agreement
PD/Qdy SprinH€r Agreemert
Total for tbis ACH Check for Vendor 3774:
Total for Vetrdor 3774 (Tri Signal Integration Inc):
Diamond Tecbnologies
IT,Docking Slation for T Napier
Totsl fo. this ACH Check for Vendor 3807:
Tot l for Vendor 3807 @iamond Techrologies):
South Street Digital Inc
Pw/Business Cardvlyler
Total fo! this ACH Check for Vendor 3903:
Total for Vendor 3903 (South Street Digital Inc):
Sao Joaquin Fence
PwlPinon/S Grcen FeDce
Total for rhis ACH Chcck lor Vendor 3907:
Total for Vendor 3907 (San Joaquin Fence):
Babcock Laboratories, lnc.
Swr/WWT? Weekly Samples
Total for this ACH Check for VcDdo. 40 I I :
Total for Vetrdor 4011 (Babcock Laboratories, Inc.):
Waxie Sanitary Supply
DSD{adtorial Supplies
2,338.1I
ACH 3't74
cl630l6
cl630l7
ACH 3807
37t90
ACH 3903
15876
ACH 3907
232t2
ACH 401I
cK4080?-882?
ACH 4036
82845421
2,338.11
600.00
450.00
1,050.00
1,050.00
270.61
270.51
2-10.61
82.39 82.39
82.39 29,915.00
29,975.00
29,975.00
1,812.21
t,812.21
|,812.21
432.18
AP Check by Date - Detzil by Vendor Numbcr (12/10/2024 2:01 PlvD Page 8 Check No Vendor No
InYoice No
Vendor Name
Descriptiou
Check Date
Reference
CheckAmount
ACH 4083
TOCll132024
Total for this ACH Check for Vendor 4036:
Total for Vendor 4036 (Waxie Sanitary Supply)l
Tehachapi Optometric Center
Swr/Safety classes^,I Castro
Total for this ACH Check for vendor 40E3:
Total for Vendor 4083 (Tehachapi Optometric Center):
APCO ldtemational
PD/FCC Update P.O.C.
Total for this ACH Check for Vendoi 40E7:
Total for Vendor 4087 (APCO Iltemational):
RDO Equipment
Wtr/T-121Filten
Toral for this ACH Cbeck forVendor4l05:
Total for Vendor 4105 EDO Equipmetrt):
Kem Couofy Public Works
Gas Toc/Disposal
PWDisposal
Swl/Disposal
Total for this ACH Check for Vendor 4138:
Total for Vendor 4138 (Kem Counfy Public Works):
Waste Management
Retuse Confact/Oct 2024 Billing
Kern County Bin Disposal Fees/Oct 2024 Billin!
Total for this ACH Check for Vcldor 4 142:
Total for Vendor 4142 (Waste Management):
432.1E
497.Q0
497.00
ACH
ACH
ACH
497.u0
1,045.00
4087
ooo92973
4105
P0993276
4142
10312024'A
r03r2024-B
l,045.00
1,045.00
ACH 4138
44948/45549
44948/4s549-A
44948145549-B
305.63
283.08
7,810.03
14.98 8,108.09
8,108.09
168,666.44
20,59E.31
t89,264.75
ACH
189,264.75
180.24
4t57
v939343
ACH 4168
4C005124
Corc & Main LP
Wtr/Gate Valve
4 Creeks
Vall€y-Mill Gap Closure
Total for this ACH Check for Vendor 41 57:
Tolal for Vendor 4157 (Core & Main LP):
180.24
180.24
6,272.99
AP Check by Date - Detail by Veddor Number (12/10/2024 2,01PW Page 9 Check No Vendor No
Invoic€ No
Vendor Nrme
Descriptiod
Check Date
R€ferenc€
Check Amount
4C005125
4C005126
4C005349
4C005358
4C005359
4C005831
4C005839
4C005845
4C005854
4C005962
4C005963
4C00609?
4C006098
4C006116
4C006212
4C006223
4C006224
4CO06225
Cherry-Tucker
Dennison - Westside Bile/Ped
SRTS Dennhon Bita/Ped Improv
Valley Resudace/Beech - Tucker
Tucker,4lighline Roundabout
SRTS Denison Bite
Valley-Mill Gap Closure
DeDnison-Westside Bike Ped
Cherry-Tucker
Tucker,/Highline Roundabout
Valley Resurfare Be€ch to Tucker
SRTS Dennison Bika/Ped Inprov
Valley Park
Va11ey-Mill Gap Closue
Dcnnison Westside Bike Ped
Cherry/Iucker
Tuckcr-Higbline Roudabout
Valley - Beech to Tucker
Total for lhis ACH Check for Vendor 4168:
Total for Vendor 4168 (4 Creeks):
Data Ticket Inc.
Cgcitation-Paliie Processing
CE/Citatio[ Processing/Collections
Total for this ACH Check forveddor4194:
Total for Vendor 4194 (Data Ticket Inc.):
wM(AClr)
S*r/3 Yard Bin #19-65845-33006,Nov 2024
Total for this ACH Check for Vetrdor 4230:
Total for Vendor 4230 (WV (ecff)):
Amber Chemical Inc
Hypochlorite - CllIry Tark
Hlpocblorite - Wahlstrom Well
Hrpochlorito - Dennison Well
HFochlorite - Mojave Well
Hwochloritr - Minton Well
Total for this ACH Check for Vendor 42?2:
Total for Vendor 4272 (Amber Chemical Inc):
Red Whg Shoes
Pwsafety Bootsnvl SaDchez
8,940.50
3,316.50
868.14
2,313.39
2,449.6s
|,403.21
7,391.16
2,392.50
9,t49.00
4,133.85
7,010.l3
5,1?5.58
955.00
12,t25.22
't25.50
2,818.00
13,120.38
4,43E.86
95,606.16
ACH 4t94
t1t746
r'72098
ACH 4230
00151484808-2
ACH 4272
0383481-IN
0383482-IN
0383483-IN
0383484-IN
0383485-IN
ACH 4281
20241I10051988
95,606.16
2,3E6.99
550.34
2,931.33
2,937.33
201.26
20t.26
20t.26
1,016.00
304.80
152.40
558.80
812.80
2,844.80
2,844.80
247.87
247.8',1
AP Checks by Dat€ - Detail by Vendor Number (12/10/2024 2t0l PW Tolal for this ACH Check for Vendor 4287:
Page l0
Check No l'€ndor No
Invoice No
!'endor Name
Description
Ch€ck Date
Referenc€
CheckAmount
Total for Vendor 4287 (Red Wing Shoes): 24',7.8',7
204.09
3.86 ACH 4330
rs94879
159',7005
Jim Burke Ford
PWN47 Key
Wtr,4/-54 Cap
Total for lhis ACH Check for Vendor 4330:
Total for Vetrdor 4330 (Jim Burke Ford):
Lease Servicing Center Inc
Pw/E-2 I 8 Rcntal
Total for lhis ACH Check for Vendor 4358:
Total for Vendor 4358 (Lease Servicing Center Inc):
Sprhgbrook Holding Co. LLC
Civic Pay & Pay Pad TraDsction Fees,Nov 2022
Total for this ACH Check for Vendor r|400:
Total for Vendor 4400 (Springbrook Holdiry Co. LLC):
Dawn Enterprises
Pw/Bollard
Us€ Tax 8.25%
Tot l for this ACH Check for Vendor 4412:
Total for VeDdor ,1412 (DawD Enterprises):
Adventist Health Tchachapi
PD/Suspect Blood Draws
Tolal for lhis ACH Check for Vendor 4419:
Total for Vendo|l4l9 (Adventist Health Tehachapi):
Quadieot Finance USA Inc. (ACH)
Gc^triority Mail Oct 22-Nov 19 2024
Tolal for this ACH Check for Vendor 4420:
Total for Vetrdor 4420 (Quadient Finance USA Inc. (ACH)):
Valloy Constructiotr Supply
PWIools
Strts/Stakes for Sidewslks
20't.95
207.95
3,52',7.98
ACH 4358
51590
ACH .1400
INV-o19245
44t2
57659
57659-A
ACH 4419
563699
ACH 4420
25487 5r -2s68070
ACH 4562
73602
73602-A
3,52't.98
3,52't.98
882.90
882.90
ACH
882.90
9,759.68
-654.23
9,105.45
9,105.45
215.00
215.00
215.00
20't.90
201.90
201.90
238.51
454.00
692.51
AP Checks by Date - Detail by Vendor Nuhber ( lA10/2024 2:01 PW Total for this ACH Check for Vendor 4562:
Page I I
Check No Vendor No vendor Name Check Date
Reference
CheckAmount
Total for Vendor 4562 (Valley CoNtmction Suppty):
Linde Cas & Equipment Inc
Wtrnndustlial Acetylene
Pw,ilndustial AcetyleDe
Total for lhis ACH Check for Vendor 4569:
Total for Vendor 4569 (Linde Gas & Equipment Ittc):
Tyack Tires Iqc.
PWE-217/2 Ncw Tires
Total for this ACH Ch€ck for Vendor 4591 :
Total for Vendor 4591 (Tyack Tires Inc.):
4Leafloc.
DSD,4laD check Services
DsD/Consulting - Professional Services
Total for this ACH Check lor Vendor 4614:
Total for Vendor 4614 (4leaf Inc.):
White Cap
Strts,/Pothols/Cold Patch
Tolal for this ACH Check for Vendor 4617:
Total fo! Vendor 46 I 7 (White CaP):
Miller Equipment Company Inc.
Taxiway Relocation
Tolal for tbis ACH Check for Vendor 4636:
Tolal for Vendor 4636 (Miller Equipment Company Inc.):
Synagro West LLC
SdBiosolids Hauling
692.51
89.92 209.82
ACH 4569
45857?58
4585775E-A
ACH 4s91
237898
299.74
299.74
1,434.0E
1,434.08
ACH
1,434.0E
7,5t2.49
492.80
46t4
to163-24r
J4006Q
ACH 4617
50029332733
ACH 4636
No. 8
ACH 4639
52929
8,005.29
E,005.29
|,757,37
1,757.37
t,757.37
687,429.t4
687,429.t4
687,429.t4
6,62t.t4
Total for this ACH Check for Vendor 4639:
Total for Vendor 4639 (Sldagro West LLC):
ACIj 4642 Charter Commumcatlons
167752501112124 GG nternet Service$Nov-21'Dec 20 2024
6,62t.t4
6,621.t4
r02.25
t02.25
AP Checks by D.t€ - Detail by Vendor Nuober (1210/2024 2.01PND Tot l for this ACH Check for vendor 4642:
Check No Vendor No Vendor Name Check Date Check Amount
ACH 4645
9t46522
9168179
Total for Vendor 4642 (Charter Communications):
Brightview Laldscape Services Inc.
LLD/Tree Care H€ritage Oaks
LLD/Tr€e TriDming Heritag€ Oak
Total for this ACH Check for Vendor 4645:
Total for Vendor 4645 (Briglt\aew Landscap€ Sewices Inc.):
U.S. Bank
Fi./Account & Admin Fe€VOct 2024 Billing
Total for this ACH Check for VeDdor 4647:
Total for Vendor 4&7 (lJ.S. Bank):
Aspect Eogineerilg Group
S\rrlSCADA Upg.ade
SWI/SCADA Upgnd€
Swr/Had*rre for SCADA
SdSCADA Upgrade Troubleshoor
Total for this ACH Check for Vendor 4648:
Total for Vendor 4648 (Aspect Erginceritrg Group):
Karls Hardware
Pwchainsaw Sharp€n
PWTank for Bird CanoD
Total for this ACH Check for Vendor 4660:
Total for Vendor 4660 (Karls Hardware):
Justin Ruppert
MSDI School-San Diego/Ocr 27-Nov 1 2024lMi
Total for this ACH Check for Vendo.4669:
Total for Vendor 4669 (Justin Ruppert):
SealMaster Bakersfield
PWCrack Seal Alt lope RuD - Mi[ Sr
St6/Crack Seal Afielope Run - Mill St.
t02.25
I1,760.00
t2920.00
24,680.00
24,680.00
ACH
ACH
4647
14530728 265.84
265.84
ACH 4648
12466
12496
12s62
12565
265.84
2,400.00
3,840.00
|,206.28
t,260.M
8,706.28
ACH 4660
30/'7 t4
3062t4
4669
IRl02724
8,706.28
51.00 u.94
115.94
298.82
ACH 4685
68952
68952-A
298.82
1,295.47
1,295.47
Toral for rbis ACH Check for V€ndor 4685:
Total for Vendor 4685 (SeaMaster Bakersfield):
ACH 4794 Agile Occuparional Medicine
FM032842 PD/Prc-Emplo)-mentMedicalExab,[Dalipagic
2,590.94
2,590.94
385.00
A? Checks by Date - Detail by Vendor Numb€. ( lU10/2024 2:0t PM) Page 13 Cherk No Vendor No v'.ndor Name Check Date
Reference
Ch€ck Amount
Total for lhis ACH Check for Vendor 4794:
Total for Vendor 4794 (Agile occupational Medicine):
Mtn View Itrveshnents Tehachapi LLC
Closing Acci ftom Subdivision Agr€emcnt/Tract
Total for this ACH Ch€ck for Vendor 4796:
Total for Vendor 4?96 (Mtn view Investrnents Tehachapi LLc):
MAR-CO Equipmeot Compaoy
PWE-243 Filter
PWE-243 Plug Assembly
Total for this ACH Check for V€ndor 4871 :
Total for Vendor 4871 (MAR-CO Equipment Compaoy):
Houchin CoEmunity Blood Batrk
Com.nL/Plasma SpoDsor
Total for this ACH Ch€ck for vendor 4878:
Total for Vendor 4878 (Houchin CommuDity Blood BaDk):
Multiquip Inc.
PWMat€r Trailer
Strls^Pater Trailer
Wh/w'at€r Trailer
Swr,Alater Trailer
Total for this ACH Check for VeDdor 4880:
Total for Veddor 4880 (Multiquip Inc.):
Parsons Tiarsportatioo Group lnc
Ped Sunmit Intcrchange
Total for this ACH Check for Vendor 48E 1:
Total for Vetrdor 4881 (Parsoos Transportation Group I-uc):
385.00
ACH 4'196
NwITt232024
385.00
19,917.50
19,917.50
19,917.50
6,532.89
t70.34
48'7 |
205073
205207
ACH 4878
HCBB1232024
ACH
ACH
6,703.23
6,103.23
t,250.00
1,250.00
ACH 4880
94212285
942t2285-A
94212285-B
94212285-C
1,250,00
2,018.80
2,0t8.19
2,018.80
2,0rE;t9
8,075.1E
4881
241t4271
8,0?5.18
5,578.85
5,57E.E5
5,578.85
r,867,688.64
AP Checks by Date - D€tail by vendor Nudb€r (12/10/2024 2t0l PW Report Total (84 checks):
TEHACHAPI
CALIFORNIA
MEETING DATE: DECEMBER 15,2024 AGENDA SECTION: AIRPORT
APPROVED
DEPARTMENT H D
CITY MANAGE
TO HONORABLE MAYOR AND COUNCIT MEMBERS
FROM: ASHTEY WHITMORE, AIRPORT MANAGER
DATE: DECEMBER TO,2024
SUBjECT: AERONAUTICAT HANGAR RENTAT AGREEMENT - HANGAR 2OW
BACKGROUND
The City of Tehachapi owns hangar 20W located at the Tehachapi Municipal Airport and was recently approached by Lyman Freeman for rental of the hangar. Mr. Freeman is requesting a new Aeronautical Hangar Rental Agreement with a term starting on December 1, 2024.
FISCAT IMPACT
Renta I Payment:
S552.00/ month
56,624.0o/ year
RECOMMENDATION
APPROVE THE AERONAUTICAT HANGAR GROUND TEASE AGREEMENT FOR HANGAR 2OW BETWEEN THE
CITY OF TEHACHAPI AND LYMAN FREEMAN
C ITY O F
COUNCIL REPORTS
AERONAUTICAL HANGAR RENTAL AGREEMENT
(Tehachapi Airport Hangar 20W)
THIS LEASE AGREEMENT, hereinafter referred to as this "Agreement", is made and entered into this sixteenth day of December,2024, by and between the CITY OF TEHACHAPI, hereinafter referred to as "Landlord", and Lyman M. Freeman, hereinafter referred to as "Tenant".
IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES HERETO AGREE AS FOLLOWS:
1. PREMISES:
LANDLORD does hereby demise and lease to TENANT, and TENANT hereby hires from LANDLORD, those certain premises situated in the City of Tehachapi, County of Kern, State of California, hereinafter referred to as the "premises" or "demised premises", and more particularly Hangar # 20W.
2, TERM:
The term of this Agreement shall be from month to month, commencing on December 1,2024. Either party may terminate this Agreement at any time by giving thirty (30) days prior written notice to the other.
3. RENTAL CONSIDERATION:
As and for rental, TENANT agrees to pay to LANDLORD, the sum of $552.00 per month payable in advance on the first day of each month commencing December 1 ,2024. On January '1 of each calendar year thereafter, the monthly rental shall increase or decrease for said calendar year by the percentage increase or decrease between the Consumer Price lndex (All Urban Consumers) (Base Years 1982-1 984=1 00) for Los Angeles-Anaherm-Riverside CMSA published by the United States Department of Labor, Bureau of Labor Statistics ("lndex") which is published immediately preceding the commencement of the prior calendar year and the lndex published immediately preceding the commencement of the new calendar year. LANDLORD shall notify TENANT in writing of said rental increase/decrease prior to January 1 . LANDLORD shall bill TENANT monthly for the rental and rental shall be due on the date set forth on the billing and shall be deemed delinquent if not received by that date. Notwithstanding the foregoing, rental may also be increased as described in Paragraphs 13 and22.
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4. INTEREST:
lf the payments required herein are not paid after they become due, then, in addition to such sums, TENANT shall also pay interest at the rate of ten percent (10%) per month on the unpaid balance or portion thereof, until paid in full.
5. PURPOSE; NUISANCE:
(a) The demised premises shall only be used by the TENANT for aeronautical purposes permitted by the Federal Aviation Administration's (FAA) Hangar Use Policy, or locally adopted Hangar Use Policy, which may be updated from time to time. These uses include:
. storing active aircraft;
. maintenance, repair, or refurbishment of aircraft, but not indefinitely stonng nonoperational aircraft; . constructing amateur-built or kilbuilt aircraft provided that activities are conducted safely;
. storing aircraft handling equipment, e.9., tow bar, glider tow equipment, workbenches, and tools and materials used to service, maintain, repair or outfit aircraft; items related to ancillary or incidental uses that do not affect the hangars' primary use;
. storing matenals related to an aeronautical activity, e.9., balloon and skydiving equipment, office equipment, teaching tools, and materials related to ancillary or incidental uses that do not affect the hangars' primary use; . storing non-aeronautical items that do not interfere with the primary aeronautical purpose of the hangar, e.9., televisions and fumiture; or . parking a vehicle at the hangar while the aircraft usually stored in that hangar is flying, subject to local airport rules and regulations.
(b) TENANT shall not do or permit any act or thing to be done upon the premises which is in mnflict with the Federal Aviation Administration's Hangar Use Policy which is incorporated herein by this reference and as amended from time{o{ime, or locally adopted hangar use policy, if any, and as adopted or amended from time{otime hereafter, which is incorporated herein by this reference. ln the event any of TENANT'S uses are for mmmercial activities as determined by LANDLORD in its sole discretion, TENANT shall first obtain a business license from LANDLORD 2of73
prior to mnducting any such commercial activity. Additionally, TENANT shall not permit any act or thing to be done upon the premises which mnstitutes a nuisance or which may disturb the quiet enjoyment of LANDLORD or any tenant of LANDLORD on adjacent or neighboring property.
TENANT shall abate or cure any non-permitted use or nuisance on the demised premises or for which TENANT is responsible within ten (10) days after written notice thereof from LANDLORD. ln the event TENANT has not taken corrective action within ten (10) days, LANDLORD may take any action necessary to abate or cure such condition at TENANT'S sole cost and expense, without further written notice and LANDLORD shall have no liability to TENANT therefore nor for any damages to the premises or to the hangar or to property therein or thereon. Notwithstanding the foregoing, if any such nuisance creates, in LANDLORD'S reasonable determination, a condition immediately hazardous to health or safety, LANDLORD may immediately, without written notice to TENANT, enter the premises to abate or cure the condition at TENANT'S sole cost and expense and LANDLORD will use its reasonable best efforts to limit the physical damage incuned to hangar or property to cure such condition.
(c) The demised premises shall not be used for residential purposes and neitherTENANT nor any principal, employee, or representative of TENANT shall live or reside on the demised premises or any structure or hangar thereon nor shall TENANT allow the demised premises or any structure or hangar thereon to be used for living or residential purposes. The determination of whether someone is living or resided on the demised premises or structure thereon shall be made by the LANDLORD in its sole and absolute discretion.
6. NDITION OF PREMISES
TENANT has inspected the demised premises and knows the extent and condition thereto and accepts same in its present condition, as is, subject to and including all defects, latent and/or patent.
7. SAFETY:
Any area that is within the control of the TENANT at the airport shall be kept clear of accumulation of oil, grease, fuel, trash and debris which are potential fire, environmental, or safety hazards, and TENANT shall comply with all local, state and federal laws, statutes, rules and regulations with regard thereto. LANDLORD shall maintain undeveloped grounds adjacent to demised property in a condition mnsistent with current city and county fire code.
8. ALTERATIONS:
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TENANT shall not construct any improvements or make any alterations of any kind (whether permanent or otherwise) on the demised premises without the written consent of the City Manager or designated representative first being obtained. Additionally, all federal, state, and local building regulations must be complied with for any improvement or alteration to buildings or structures on the premises.
9. SIGNS:
TENANT shall not construct or place or permit to be constructed or placed, signs, awnings, marquees, or other structures projecting from the exterior of the premises without LANDLORD'S prior written consent thereof. TENANT further agrees to remove signs, displays, advertisements, or demrations it has placed or permitted to be placed on the premises, which, in LANDLORD'S opinion are offensive or otherwise objectionable. lf TENANT fails to remove such signs, displays, advertisements or decorations within ten (10) days after having received written notice to remove same from LANDLORD, LANDLORD reserves the right to re-enter the premises and remove them at TENANT'S expense.
10 UTILITY EXTENSION OR MODIFICATION:
TENANT shall pay any and all expenses that may be incurred in obtaining the extension of public utility services to the demised premises from existing facilities or any modification of same.
11. UTILITIES:
TENANT agrees to pay during the term of this Lease, or any holding over, all utilities used by TENANT. The term "utilities" as used herein shall include, but is not limited to, gas, electricity, water, sewer, telephone, and trash and refuse disposal service.
12. MAINTENANCE:
TENANT agrees to provide maintenance, repair, and upkeep on any structures situated on the demised premises and grounds around the structures in a good, clean, sanitary and safe condition.
13. FAILURE TO REPAIR:
ln the event TENANT shall fail, neglect, or refuse to commence the repair or maintenance work required herein within thirty (30) days after receipt of a written notice service by LANDLORD, or in the event that TENANT fails, neglects or refuses to pursue said repair or maintenance work with reasonable diligence to completion, LANDLORD may perform or cause to be performed such repair or maintenance work and add the cost thereof to the installments of rent due for this Lease 4 of 13
as a charge to TENANT. lf such repair is determined by the TENANT to be economically unfeasible, either party shall have the option of terminating the agreement with TENANT, and at TENANT'S cost, retuming the demised property to its original pre-agreement condition.
14. COMPLIANCE WITH LAW:
TENANT shall, at its expense, promptly comply with any and all laws, ordinances, rules, regulations, requirements and orders whatsoever, present or future, of the national, state, county, or city govemments which may in any way apply to the use, maintenance, or occupatton of, or operations on the demised property.
,15, RIGHT OF INSPECTION:
LANDLORD shall have the right to enter upon the demised premises at all reasonable times to inspect the premises and TENANT'S operations thereon. LANDLORD reserves all rights in and with respect to the premises, not inconsistent with TENANT'S use of the premises as in the Lease provided, including (without limiting the generality of the foregoing) the right of LANDLORD to enter upon the premises for the purpose of installing, using, maintaining, renewing, and replacing such underground oil, gas, water, sewer, and other pipelines, and such underground or aboveground telephone, telegraph, and electric power conduits or lines as LANDLORD may deem desirable in connection with the development or use of the demised premises or any other property on the airport or in the neighborhood of the premises. LANDLORD shall compensate TENANT for any and all damage to TENANT'S improvements and personal property caused by the exercise of the rights reserved in this paragraph.
16. INDEMNIFICATION
TENANT agrees to indemnifo, defend (upon request by the LANDLORD) and save harmless the LANDLORD, its Council persons, agents, officers and employees, and each of them, from any and all losses, costs, expenses, claims, liabilities, actions, and damages, including liability for injuries to person or persons, or damage to property of third persons arising out of or in any way connected with (a) the TENANT'S use, occupancy and/or operation of the demised premises during the term of this Lease or any holding over, and (b) the construction or the removal of any facilities or improvements on the demised premises during the term of this Lease or any holding over.
17. WORKERSCO MPENSATION:
TENANT agrees to observe and obey the Workers' Compensation Act of the State of Califomia as from time to time amended, and will indemnify and save and hold harmless 5 of 13
LANDLORD from any and all liability hereunder.
18. LIABILITY INSURANCE:
TENANT, in order to protect LANDLORD, its agents, officers and employees, against all claims and liability for death, injury, loss, and damage as a result of TENANT'S use, occupancy and/or operation of the demised premises or in a connection therewith, shall secure and maintain in force during the entire term of this Lease and covering all TENANT'S operations and activities on the airport, a Comprehensive General Liability insurance policy in the amount of $1,000,000 with a reliable insurance carrier approved by the City and authorized to do such public liability and property damage insurance business in the State of Califomia. Said policies of insurance:
(a) shall expressly name LANDLORD, Council persons, agenls, officers, and employees as additional insured; and
(b) shall be primary insurance as regards any other valid and collectible insurance LANDLORD possesses, and any other insurance that LANDLORD may possess shall be considered excess insurance only: and
(c) shall contain a Severability of lnterest or cross liability clause, which is to say, such policy shall act as though a separate policy were written for each insured and additional named insured in the policy; and
(d) shall not be subject to cancellation and/or coverage reduction without thirty (30) day's prior written notice to LANDLORD.
Within ten (10) days from the date of the Lease, TENANT shall file with the City Manager a duly certified Certificate of lnsurance evidencing that the hereinabove mentioned public liability and property damage (and hangar-keeper liability, where applicable) provisions have been complied with, and setting forth that LANDLORD, its councilpersons, agents, officers, and employees are named as additional insured. ln the event that TENANT shall fail to obtain or thereafter maintain such policies or to fumish evidence thereof to LANDLORD, LANDLORD may, in LANDLORD'S sole discretion, (1) procure the same, pay the premium therefore, and collect same with the next payment of rental due from TENANT, or (2) terminate this Lease pursuant to Paragraph 26 hereof.
19. TAXESAND SESSMENTS:
TENANT agrees to pay all iaxes and/or assessments levied by any govemmental agency upon any interest acquired by TENANT under the terms of this Lease. Providing further, that TENANT is aware that certain possessory interests may be created by entering into this Lease 6 of 13
and that TENANT will be subject to the payment of property taxes levied on such interests.
20. LEASE SUBORDINATE TO AGREEMENTS WITH UNITED STATES
GOVERNMENT:
This Lease shall be subordinate to the provisions and requirements of any existing or future agreements between the LANDLORD and the United States relative to the development, operation or maintenance of the Airport.
21. AERONAUTICALRESTRIGTIONS:
(a) There is hereby reserved to LANDLORD for the use and benefit of the public a right of flight for the passage of aircraft in the air space above the surface of the demised premises. This public right of flight shall include the right to cause in said air space any noise inherent in the lawful operation of any aircraft used for navigation orflight through the said air space or landing at, taking off from, or operation on the Tehachapi Airport. (b) TENANT shall not erect or permit the erection of any structure, building, or object of natural groMh or other obstructions on the demised premises above the maximum elevation permifted by the Federal Aviation Administration. ln the event the aforesaid covenant is breached, same shall be deemed a nuisance and a material breach of this Agreement and City shall have all rights described under Paragraph 5 (b) to abate the nuisance and City shall have all other rights and remedies available at law or in equity. (c) TENANT shall not make use of the demised premises in any manner, which might interfere with lawful air navigation and communication, the landing or taking off of aircraft from Tehachapi Airport, or otherwise constitute an airport hazatd. ln the event the aforesaid covenant is breached, LANDLORD reserves the right to enter on the demised premises and cause the abatement of such interference at the expense of TENANT. (d) LANDLORD reserves the right to further develop or improve the landing area at the Tehachapi Airport as it sees fit regardless of the desires or views of TENANT, and without interference or hindrance.
(e) LANDLORD reserves the right, but shall not be obligated to TENANT, to maintain and keep in repair the landing area at the Tehachapi Airport and all publicly owned facilities at the airport, together with the right to direct and control all activities of the TENANT in this regard. Provided, however, that in the event of the taxiways or runways at the airport are 1of73
determined to be unfit for aeronautical use by the FAA or by LANDLORD or by the Aeronautical Division of the Califomia Department of Transportation, or the airport ceases to be operated as an airport, then this Lease may be terminated by TENANT, at its option, by its giving of at least thirty (30) days written notice thereof LANDLORD.
(0 Nothing herein contained shall be construed lo grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act.
22. SUBLETIING:
(a) TENANT shall not assign this Lease or sublet the premises, or any part thereof, without the prior written consent of the LANDLORD, which consent shall not be unreasonably withheld but may be reasonably conditioned to include but not be limited to the following:
(i) Any assignment or sublease shall be in writing and shall provide that the assignee or sublessee shall agree to and be bound by all of the terms and mnditions of the Lease; (ii) The assignee or SUBLESSEE shall secure and maintain tn force during the entire term of such sublease or assignment a liability insurance policy or policies in conformity with the requirements of Paragraph 18, liability lnsurance, with respect to any aircraft hangered on the premises that are owned by SUBLESSEE or assignee or other third party; and (iii) A rental adjustment, which shall be, based on the rental then in effect by LANDLORD for new aeronautical ground leases.
(b) ln the event of an attempted assignment or subletting in violation of the foregoing provisions, then in addition to any and all other nghts and remedies available to it, the LANDLORD may, at its option, by written notice to the TENANT, either (1) declare such sublease, assignment, transfer, mortgage, or other conveyance void, or (2) terminate this Lease and all rights and interest of TENANT and all other persons hereunder pursuant to Paragraph 26. Any consent by the LANDLORD to any assignment or sublease, shall not be deemed or construed as a consent to any different or subsequent assignment or sublease. The remedies available herein are cumulative with all other remedies available under this Lease or at law or in equity and the exercise of any remedy herein or under this Lease or at law or in equity shall not prevent the exercise of any other remedy provided herein or in this Lease or at law or in equity. 8 of 13
23. RIGHT OF INGRESS AND EGRESS:
TENANT shall have the reasonable right-of-way over property owned and controlled by LANDLORD for ingress thereto and egress there from for pedestrian, vehicular, and air travel, together with the right to use in common with other TENANT'S or licenses or LANDLORD the airplane landing field adjacent to the demised premises. None of these rights are exclusive but shall be exercised in common with and subject to possible similar rights of other users of the airport. All the forgoing is subjectto such reasonable rules and regulations as the LANDLORD or its authorized agents may make from time to time. Such rules and regulations, however, shall be reasonable and shall not conflict in any way with similar rules and regulations adopted from time to time by the Federal Aviation Administration or its successor.
24. BANKRUPTCY:
ln the event that (a) TENANT shall file a voluntary petition in bankruptcy or shall be adjudged a bankrupt in any voluntiary bankruptcy proceeding; (b) any voluntary or involuntary proceeding for the reorganization of TENANT shall be instituted by anyone other than TENANT under any of the provisions of the bankruptcy laws of the United States; or (c) a receiver or judicial trustee or custodian shall be appointed for TENANT, or any lien or any writ of attachment, gamishment, execution or distrait shall be levied upon any TENANT'S rights or interest under this Lease; or (d) there shall be any other assignment of any TENANT'S rights or interests under this Lease by operation of law, then in addition to any and all other rights and remedies available to it, LANDLORD may, at its option by written notice to TENANT, terminate this Lease and all rights and interest of TENANT and all other persons under this Lease. The term "TENANT", as used in this paragraph, includes any individual, partnership, or corporation who is a TENANT hereunder, even though several individuals, partnership, or corporations are such, and includes each partner of any partnership, which is TENANT hereunder.
25. WAIVER OF BREAGH:
The waiver by LANDLORD of any breach by TENANT of any provision contained herein shall not be deemed to be a continuing waiver of such provision, or a waiver of any other prior of subsequent breach thereof, or a waiver or any breach of any other provisions contained herein.
BREACH:
(a) ln the event of a breach by TENANT of any term, condition, or agreement 26 9 of 13
herein contained, TENANT shall have 30 days to cure the breach after written notice has been given to TENANT by LANDLORD, provided however that if any such breach cannot be reasonably cured within 30 days of such notice, then TENANT shall have commenced reasonable efforts to cure same within said period. ln the event of TENANT'S failure to cure or commence the cure of any such breach within 30 days this Lease and all privileges herein granted shall be terminated and be of no further force or effect, and TENANT shall immediately sunender to LANDLORD possession of the premises, and in addition to all other remedies available to LANDLORD hereunder or at law or equity, LANDLORD shall have the remedies either to remove the lmprovements on the premises at the expense of TENANT or to retain the lmprovements and to thereafter be the sole and exclusive owner of same. Notwithstanding the foregoing, in the event TENANT allows a nuisance to exist on the premises as described in Paragraph 5 of this Lease, TENANT shall abate the nuisance as required therein and nothing herein shall be deemed to waive or modify the requirements and remedies described in Paragraph 5. Providing further, that in the event TENANT breaches this Lease and abandons the property before the end of the term, if TENANT'S right to possession is terminated by LANDLORD because of breach of this Lease, LANDLORD shall have the right lo recover damages from TENANT as provided in the State of California Civil Code Section 1951 .2.
(b) In the event of a breach by LANDLORD of any term, condition, or agreement herein contained, that deprives TENANT in any manner, in whole or part, of its quiet enjoyment of the demised premises or its right to utilize them fully as described in Paragraph 5 hereof, or of its rights of ingress and egress described in Paragraph 23 hereof, TENANT shall not be obligated to LANDLORD for any rental payments otherwise due and payable for the period of such breach.
27. NEGATION OF PARTN RSHIP:
LANDLORD shall not become or be deemed a partner or joint venture with TENANT or in any other relationship with TENANT other than that of landlord and tenant by reason of the provisions of this Lease nor shall TENANT for any purpose be considered an agent, officer, or employee of LANDLORD.
28. SURRENDER F PREMISES:
On the last day of the term, or extension thereof, or sooner termination of this Lease, and subject to the rights and remedies of LANDLORD and TENANT described in Paragraph 13 hereof, TENANT shall peaceably and quietly leave, surrender and yield up to the LANDLORD the 10 of 13
demised premises in as good condition and repair as at the @mmencement of TENANT'S occupancy, reasonable wear and tear thereof excepted.
29. ENTIREAGREEMENT:
This Lease contains all agreements of the parties with respect to the subject matter described herein. No prior agreements or understandings whether oral or in writing pertaining to any such matter shall be effective or of any force or effect.
30. VENUE AND GOVERNING LAW:
This agreement is made, entered into and is to be performed in Kem County, California. This Lease shall be governed by and construed in accordance with the laws of the State of Califomia.
31 . COVENANTS AND CONDITIONS:
Each provision of this Lease performable by TENANT shall be deemed both a covenant and a condition.
32. TIME OF THE ESSENCE:
Time is hereby expressly declared to be the essence of this Lease and of each and every provision thereol and each such provision is hereby made and declared to be a matedal, necessary and essential part of this Lease.
33. SEVERABILITY:
lf any provision of this Lease is determined by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall in no way be affected thereby and same shall remain in full force and efiect.
34. AUTHORIZED AGENT OF LANDLORD:
The City Manager of the City of Tehachapi is the duly authorized agent of LANDLORD for purposes of this Lease, and as to any obligations assumed herein by TENANT, they shall be performed to the satisfaction of the City Manager. 35- NOTICES:
All notices required or permitted under this Agreement or at law shall be deemed to be given when personally served on the party to be noticed or when deposited in the United States mail, Registered or Certified, postage prepaid and addressed as follows:
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TO LANDLORD: City Manager
City of Tehachapi
1 15 South Robinson Street
Tehachapi, CA 93561
TO TENANT: Lyman M. Freeman
22817 Yeager Cl
Tehachapi, CA 93561
m il.com
661-965-4689
Any party may change its or their address by providing notice of same in the manner herein prescribed.
36. BINDING:
This Lease shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns37. GAPTIONS:
The captions appearing in this Lease are for convenience only, are not part of this Lease and shall not be considered in interpreting this Lease.
38. AMENDMENTS:
This Lease may not be altered, amended, or modified except by a writing executed by duly authorized representatives of all parties.
39. AfiORNEY'S FEES:
ln the event any action or proceeding is instituted arising out of or relating to this Lease or for the purpose of enforcing this Lease, the prevailing party shall be entitled to its reasonable attorney's fees and actual costs.
40, RECORDATION:
TENANT acknowledges its understanding that the law of the State of California authorizes LANDLORD to record this Lease or a memorandum of same. ln that regard, TENANT agrees to execute a memorandum of this Lease for the purposes of recordation in such reasonable form and content as may be proposed by LANDLORD.
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41. COUNTERPARTS:
This Lease may be executed in counterparts and the respective signature pages for each party may thereafter be attached to the body of this Lease to constitute one integrated agreement which is as fully effective and binding as if the entire Lease had been signed at one time.
lN WITNESS WHEREOF, the parties have hereunto set their hands the day and year flrst above written.
LANDLORD: TENANT
CIry OF TEHACHAPI LYMAN M. FREEMAN
By VW'
I'tnruee g 25, z6lq Mayor
City of Tehachapi, California
N42488 - Beech Bonanza
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C ITY O F
TEHACHAPI
CALIFORNIA
COUNCIL REPORTS
MEETING DATE: DECEMBER 16, 2024 AGENDA SECTION: DEVELOPMENT SERVICES
APPROVED
DEPARTMENT HEA
CITY MANAGER
TO: HONORABTE MAYOR DAVIES AND COUNCIT MEMBERS
JOHN (JAYI SCHTOSSER, P.E., DEVETOPMENT SERVTCES DTRECTOR DATE: DECEMBER tO,2024
SUBJECT: EAST SIDE SEWER LIFT STATION DESIGN SERVICES AGREEMENT WITH PROVOST & PRITCHARD
BACKGROUND
On September 17,2024,the Planning Commission approved project AD&SPR 2O23-L7 United Truck Service & Wash that will construct a truck maintenance/service and wash facility on 3.28 vacant acres south of East Tehachapi Boulevard and east of Monolith Street. One of the Conditions of Approval requires the Developer to construct a new regional sewer lift station in conformance with the facilities proposed in the East Side Lift Station and Force Main Technical Memorandum prepared by AECOM dated April 2013 (Attachment A).
City Staff solicited bids from multiple design firms. Provost & Pritchard has provided the attached proposal (Attachment B) which includes a scope of services divided into phases forthe design of the regional sewer lift station. The Developer will be responsible for the construction of the lift station.
FISCAL IMPACT
The total budget for the design phase of work is set at 598,900. Funds for design have already been obtained from the Developer so there is no cost to the City.
RECOMMEN DATION
An a8reement with scope and fee was prepared and reviewed by the City Attorney.
APPROVE THE AGREEMENT BETWEEN THE CITY OF TEHACHAPI AND PROVOST & PRITCHARD FOR THE DESIGN OF THE EAST SIDE SEWER LIFT STATION.
FROM:
PROPOSAL
Attachment A
Eastside Lift Station and Force
Main Technical Memorandum
AECOM
'l 194 Pacific Street, Suib 204
San Luis Obispo CA 93401
805.542.9840
805.542.9990
Page
tel
lax
Technical Memorandum
To Jay Schlosser, P.E., City of Tehachapi 1
cc
Subject Conceptual Design Memorandum - East Side Lift Station and Force Main From Jason Caprio, PE
J.J. Reichmuth, PE
Date April29, 2013
1. Purpose
The purpose of this technical memorandum is to evaluate the feasibility of a new lift station and associated force main to serve a portion of the City of Tehachapi located along East Tehachapi Boulevard. As part of this evaluation, AECOM has prepared conceptual design criteria, a proposed facility layout, and an opinion of construction cost for tlris proposed new lift station and force main to connect an isolated gravity sewer line to the existing collection system at the intersection of East Tehachapi Boulevard and Steuber Road.
Our analysis did not include an evaluation of the ability of the existing downstream gravity sewer collection system to handle cunent or future flows. lt is recommended that gravity sewer lines along East Tehachapi Boulevard be evaluated during the design phase of the proposed Iift station to determine if additional modifications to the collection system would be required.
2. Background
The City of Tehachapi previously installed a section of gnavi$ sewer line on the east side of the City to serve the proposed development of commercial/industrial lots located along the south side of East Tehachapi Boulevard from Highway 58 to Tehachapi Willow Springs Road, as shown on Figure 1.
Presently, only one of these properties has been developed; Love's Travel Center. Love's Travel Center is a large truck stop and includes restaurants, fueling stations, trucking supplies, showers, and a RV dump station. Since the gravity system does not cunently connect to the City's wastewater collection system, the wastewater flow generated from Love's is conveyed to the City's collection system by a private package pump station and a 2-inch force main that discharges to a manhole east of the intersection of East Tehachapi Boulevard and Steuber Road. During installation of the force main, an 8- inch dry main was installed adjacent to the 2-inch line to allow for future flows. This line is connected b the Manhole at Steuber Road to the west and is capped to the east at Monolith Street. The City is now interested in evaluating the feasibility of constructing a new lift station and ficrce main to connect the isolated gravity pipeline to the rest of the collection system.
AECOM
3. Existing and Future Flows
Existing flows generated by Love's Travel Center were measured by AECOM using a flow meter placed in a manhole at East Tehachapi Boulevard and Steuber Road. Flow measurements were recorded over a period of seven days. Based on review of the recorded data, average daily flow (ADF) and peak hour llow (PHF) values for the Love's Travel Center were estimated and are provided in Table 1 below in gallons per day (GPD).
Table 1- Existing Wastewater Flows (Love's Travel Center)
ADF (GPD) PHF (GPD)
15,000 24,000
To determine the future ADF and PHF at the proposed lift station (build-out), the flow estimation criteria for peak discharge rate in gallons per day per gross acre (GPD/GA) and related peaking factors provided in Chapter 2, Division 3 of the Kern County Development Standards were used (see Appendix). Based on the land use of the vacant parcels provided by the City and parcel areas from Parcel Map No. 8617 (see Appendix), ADF and PHF rates were calculated as shown in Table 2. Since wastewater flows estimated using this process are based on gross acreage, the estimated flows may be larger than those typically seen. However, these flows were used in the study as a conservatlve estimate to determine the upper limits of wet well, pump, and force main sizing.
Table 2- Estimated Wastewater Flows Per Parcel
Parcel
Gross
Area
(acres)
Commercial
(Com) or
lndustrial (lnd)
Peak
Discharge
Rate
(GPD'GA)
ADF
(GPD)
Peaking
Factor
PHF
(GPD)
10 5.793 Com 6460 20,790 1.8 37,423
11 3.277 Com 6460 11.761 1.8 21169
12 2.271 lnd 9695 11,009 2 22,017
13 2.262 lnd 9695 10,965 2 21,930
14 1.787 lnd 9695 8,662 2 17,325
15 1.773 lnd 9695 8,595 2 17,185
16 1.511 lnd 9695 7,325 2 14,649
17 1.117 lnd 9695 5,415 2 10,829
18 2.25 lnd 9695 10,907 2 21.814
19 2.25 lnd 9695 10.907 2 21.814
20 0.689 lnd 9695 3.340 2 6.680
21 0.689 lnd 969s 3,340 2 6,680
22 0.689 lnd 9695 3,340 2 6,680
23 0.689 Ind 9695 3,340 2 6,680
24 1.148 lnd 9695 5.565 2 1 1,130
25 1.487 lnd 9695 7.208 2 14.416
26 0.689 lnd 9695 3.340 2 6.680
27 0.689 lnd 9695 3.340 2 6,680
28 0 689 lnd 9695 3,340 2 6.680
29 3.204 Com 6460 1 1,499 1.8 20,698
30 2.854 Com 6460 10.243 1.8 18.437
31 3.854 Com 6460 13,832 1.8 24.897
Tota! 178.061 342.497
2 To enhance and sustain the world's built, natural and social environments AECOM
Table 3- Estimated Lift Station Flows
Future Flows in GPD (GPM)
ADF 15,000 (10) 193,000 (134)
PHF 24,000 (171 366,500 (2s5)
4. Lift Station Configuration Options
The ma.ior challenge associated with designing the lifi station is providing a facility that is capable of efficiently handling both current and projecled flows. The following lift station configurations were explored as part of this evaluation:
o Wet well with duplex submersible pump configuration
o Wet well with duplex submersible pump configuration and VFDS o Wet well with triplex submersible pump configuration
A brief discussion is provided below for each of these configurations.
Wet well with duplex submersible pump configu.ation
ln order to accommodate both flow scenarios (existing and future) using the same wet well, a duplex type pump system (2 pumps) with each pump sized to handle the future average flow conditions could be installed. During normal operation one pump would be designated as the duty (lead) pump with the other designated as the standby (lag) pump. Under existing flow conditions, only the lead pump will operate.
After each pumping cycle, the pumps will alternate lead and lag status.
The lifl station could handle future peak hour flows with both lead and lag pumps operating at the same time. Although requiring both pumps to handle peak hour flows is not desirable, due to the lack of redundancy, this will not occur until the area nears build-out. At build-out the pumps could be replaced with larger pumps each sized to handle future peak hour ilows to restore the lift station's redundancy.
Wet well with duplex submersible pump configuration and VFDs As an altemative to initially installing pumps sized to meet future average flow conditions, the use of variable frequency drives (VFDS) could be considered. This would allow larger pumps to be initially jnstalled, each capable of handling future peak hour flows. The VFDS v\ould allow the pumps to be set at a lower pump rate to match existing peak hour flows. Pump rates could then be readjusted as development in the area occurs and flows b the lift station increase. ln addition, VFDS can be used to steadily increase pump speeds to increase pipe velocities and re-suspend solids. Pump speeds could then be reduced to achieve slower velocities suitable to maintain solid suspension. This is padcularly important for lift stations with long force main lengths.
Wet well with trlplex submerslblo pump conflgurafon
lf future flows are expected to occur in the relatively near future, it may be desirable to construct a larger wet well capable of housing three pumps. lnitially, only two pumps would be required. As the area develops and flows increase the third pump could be installed. During average flows only one pump would operate at a time, similar to the duplex pump setup, and would alternate between the three pumps after each pump cycle. At peak hour flows, two pumps would operate simultaneously. The third pump would be available in the event one of the two pumps failed. Using this approach, the City would install 3 To enhance and suslarn the wond s blilt, nelural and social envronmenls The estimated flows in Table 2 were combined with the measured flows from Love's as shown in Table 3 below to provide the estimated values of ADF and PHF to be used in this etr'aluation. Table 3 includes values forADF and PHF in both GPD and gallons per minute (GPM).
Existing Flows in GPD (GPM)
AECOM
the third pump when required to meet future flows instead of purchasing an additional two pumps or using VFDS,
5. Wet Well Sizing
To evaluate the size of the wet well required to handle both current and future flows, assumed pump cycle set points were determined in order to establish the minimum active volume of the wet well. The goal is to ensure that pump starts are neither too frequent, which can cause or'erheating and potential damage to the starter, nor too infrequent, which can lead to odors from standing sewage. The following equation was used to calculate the minimum required active volume:
.. @o ,=
4 where,
V = wet well active volume (gal)
Q = pump capacity (gpm) > design peak hourly flow
O = cycle time (min)
To protect the pumps from overheating, the recommended minimum cycle time of 10 minutes (6 starts per hour) per pump was used in this evaluation. The number of pump starts should be evaluated in more detail during the design phase. By reducing pump starts per hour the minimum active volume of the wet well would increase. This may be necessary in order to provide longer pump times that would better resuspend and move solids through the force main.
Dupler submerEible pump configuration
Under this condition, assuming a pump capacity equal to the future average daily flow of 140 gpm, an active volume of approximately 350 gallons is calculated. A 6-foot diameter wet well will accommodate two 140{pm submersible pumps and provide room for maintenance and cleaning. This size of wet well would also be able to handle larger pumps if needed to meet future flows. The unit capacity of a 6-foot diameter wet well is 212 gallons per foot. The aciive depth, or the depth of watL.r during normal operating conditions, is defined as the difference between the pump set points of 'lead pump on' and 'pumps off. I is estimated that future flows would require a minimum active depth of 3.3 feet. To accommodate equipment and piFing and provide for operational flexibility, an active depth of 3.5 feet would be recommended. Using the required active depth at future conditions and the invert elevation of the existing gravity line, the \rvet well would have a minimum depth of approximately 20 feet. These calculations are provided in the Appendix.
Triplex submeraible pump configutation
As previously discussed, the lift station could be designed to accommodate up to three pumps with only two pumps installed inilially. For this pump configuration, it was assumed that each pump would be rated at a nominal capacity of 130 gpm. The minimum active volume of the wet wellwas calculated for the three pump configuration also utilizing the minimum cyde time of 10 minutes per pump. Using a combined pump capacity of slightly less than 260 gpm for two pumps an active volume of approximately 325 gal was calculated (calculations provided in Appendix).
A 7-foot diameter wet well willaccommodate three 130{pm submersible pumps and provide room for maintenance and cleaning. The unit capacity of a 7-foot diameter wet well is 288 gallons per foot. For a three pump configuration the active depth is defined as the difference between two pump set points, 'pump 2 on' and 'pumps ofr. lt is eslimated that future flows would require a minimum active depth of 2.3 feet. Again to accommodate for equipment and piping an active depth of 2.5 feet would be recommended.
Using the required active depth at future conditions and the invert elevation of the existing gravity line, the wet well would have a minimum depth of approximately 20 feet. 4 To enhance and sustain theworld's built naturaland socialeflMroflm€nts AECOM
Design Considerations
For both wet well sizes discussed above, the existing average flows will result in pump start times greater than 30 minutes apart. This could result in an increase in odors at the lift station and should be further evalualed during the design phase of the project. The City has suggested the possibility of connecting the trailer park located to the east of the city limits to the collection system. This would increase existing flows and would likely decrease residency time in the lifr station.
The pump configuration should be evaluated in more detail during the design phase to determine the most appropriate lifl station layoul. For the purposes of estimating a construction cost it has been assumed the projecl would consist of a 7-foot diameter wet well with two constant speed submersible pumps sized to handle future average day flows.
6. Force Main Sizing
A force main pipe diameter of 6 inches has been assumed for cost estimating purposes. At the proposed pump capacity of 140 gpm for existing conditions, this pipe diameter would result in a slightly lower pip€ velocity than typically recommended to prevent the settling of solids. However, due to the required length of the force main, the head losses due to friction become significant for smaller pipe sizes. At future flows, velocities are sufficient to prevent setting of solids. Mitigation measures such as having both pumps operate simultaneously at least once a day to clear the line could be considered. Sizing of the force main should be analyzed in greater detail during the design phase of the pOect.
7. Estimated Pump Horsepower
The required pump horsepower was estirnated using pump capacities described above for both existing and future flow conditions and a 6-inch diameter f3rce main. Static head was estimated based on a seven foot diameter wet well with a duplex pump system and the existing force main discharge elevation at the manhole located at the intersection of Steuber Road and East Tehachapi Blvd. Table 4 below provides the estjmated horsepower requi€ments that wele used to develop conceptual level pump costs. These horsepower estimates are hydraulic horsepower requirements. Actual pump motor sizes will be higher and would be determined during the design process for the lift station.
Table 4- Estimated Hydraulic Hosepower Requirementg
At Pump Capacity for Existing
Conditions (140 gpm)
At Pump Capacity for Future
Conditions (255 gpm)
Static Lift (ft)
Friction Lossesl (ft) 12
Total Dynamic Head Required (ft) 72
Horsepower Required (hp) 6.6
1. Friction losses for 6-inch PVC pipe calculated using Hazen-VMlliams Equatjon 5 To enhance and sustain lhe world's buill, naturaland social enviroomeots 47 2.4
AECOM
8. Laft Station Layout and Force Main Alignment
The proposed laft station would be located near the termination of the existing gravity sewer at the intersection of Tehachapi Boulevard and Tehachapi-Willow Springs Road. lt is assumed that the force main would be placed within Tehachapi Boulevard from this intersection to the manhole at Steuber Road.
The proposed lift station location and force main alignment is shown on Figure 1.
The location of the proposed wet well would be southwest of the intersection of Tehachapi Boulevard and Tehachapi-Willow Springs Road as shown on Figure 2. New manholes will likely be required west and south of the existing manhole located at the intersection to intercept and convey flow to the lift station around the existing water line and valves. lt has been assumed that the wet well will be a precast concrete structure with a protective lining housing two submersible solids handling pumps. From the proposed wet well, wastewater will be pumped through a 4-inch ductile iron pipe manifold to the new 6- inch force main. Slowclosing swing check valves, plug valves, and flexible couplings will be installed on the manifold piping and housed in a below grade valve vault. A ductile iron riser with threaded NST fitting has been included in the cost estimate and would provide a means to bypass the lift station and pump directly into the force main
General assumptions as to other lift station features including provisions for mounting of a portable davit crane, perimeter fencing, wash water supply, stand-by power, interior catwalks and ladders, and electrical supply have been included in the construction cost estimates. The feasibility of these items would need to be further evaluated during the design phase. Acquisition of easements or a land purchase may be required for construction of the lift station as shown, lnvestigations into proper$ acquisitions and easements are outside of the scope of this document and should be further evaluated by the City prior to the design phase of the project.
The proposed alignment for the sewer force main would be to the north of the existing gravity lane within Tehachapi Boulevard. Based on surface elevations along the roadway, the force main could be placed at a slightly increasing slope to the discharge elevation and would likely not require airlvacuum release valves. Due to the relatively long length of the force main, pressure clean outs should be provided at intervals not more than 500 feet apart. Sufficient clearance from the existing gravity line and other utilities should be maintained to allow for construction and future maintenance operations.
As previously mentioned an f-inch PVC pipe was installed beside the 2-inch force main currently serving Love's from Monolith Street to Steuber Road. This pipe could potentially be used to case the proposed force main, potentially reducing the required amount of trenching and construction cost. Fused HDPE type pipe would be required to fit within the existing pipe. This altemative should be further evaluated during the design phase to determine its feasibility. To provide a conservative construction cost estimate, it has been assumed the entire alignment will need to be trenched.
It is recommended the force main be constructed of polyvinyl chloride (PVC) pipe. PVC pipe has the benefit of being resistant to @rrosion, is relatively smooth resulting in a lower head loss, and is easy to install. Evaluation of the capacity of the existing gravity lines along East Tehachapi Boulevard is outside the scope of this report. lmpacts of discharging into the existing gravity sewer system at Steuber Road at future flow conditions should be evaluated in order to determine that sufficient capacity exists in the downstream collection pipelines and lift stations.
9. Opinion of Probable Construction Gost
This opinion of probable construction cost represents judgment as a design professional and is supplied for the general guidance of the City. Since AECOM has no control over the cost of labor and materials, AECOM does not guarantee the ae,curacy of such opinions as compared to contractor bids or actual c-ost to the City. lt is remmmended that an opinion of cost be prwided during the design phase of the p@ect.
The preliminary project cost opinion for construction and other applicable costs are summarized in Table 5, below. These cost estimates are based on a7 foot diameter wet well with three submersible pumps in order to be conservative. A preliminary layout is shown on Figure 2. lt has been assumed that electrical service is readity available at the site. Force main cost estimates assume an open cut trench would be b
To enhance and sustain lhe world's built, natural end social environments i
AECOM
required for the entire alignment length. A cost saving may be realized if the existing 8 inch pipe between Monolith Street and Steuber Road can be used as a casing.
Additional project costs such as engineering, construction management, and other administrative costs should also be considered by the City. These items could be on the order of 20o/o to 30% of the estimated construction cost, and are in addition to the construction contingency shown in Table 5. l0.Conclusion
Based on our preliminary analysis as described in this technical memorandum, a lift station could be placed at the corner of East Tehachapi Boulevard and Tehachapi-Willow Springs Road to serve Love's Travel Center and the other remaining vacant parcels. Several design elements will require further analysis including wet well sizing, pump sizing, lift station layout, force main sizing and evaluation of impacts to the existing system. In addition, property acquisition and/or easements should be investigated by the City prior to design.
7 Table 5- Lift Station and Force Main Opinion of Cost
Item Description Quantity Unlt Unlt Prlce Amount
1 Mobilization 1 LS $ 51,000 $ 51,000
2 3
93,000
21,000
Submersible Pumps
Valves and piping
3 EA $
1 LS
$31 000
$ 21,000 $
4 WetWell I LS $ 80,000 $ 80,000
1 LS $ 50,000
,| LS 000 000
5 lnterior Catwalks and Ladders
6 Controls
7 cal 1 LS 7 000 75 000
$ 000
and
5400 LF
1 1
Lift Station Site Work
Force Main c900
$5 000
8 I
Generator
Site Fencing with Swing Gate
LS
LS
LS
000
112
10 11
$ 5,500 $ 5,s00
Lift Station and Force Main Subtotal $1 061
318 000
Lift Station and Force Main Total $1 37 000
To enhance and sustain the rvodd's built, natural and social environments $ 50,000
1 _ Cgltingencv (307o of subtotal)
0 5
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fRGLEHERJ€012
o
CONCEPT DESIGN If,ETORANDUM
CITY OF TEHACHAPI
Prolect No. : 60?67 448 Dale 2012-10-29
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EASTSIDE LIFT STATION
AND FORCE IUAIN
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Prcject No.: 5A257448 late: 2C13-C4-29
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APPEND!X
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CHAPTER [. DESIGN STANDABDS
Sec. 302-1 Sanitarv Sewers Desisn Criteria
The following guidelines shall be used to compute contributing sewage:
302-1.01
e. The company's or district's engineer, by certificate, shall state that the plans meet or exceed the minimum Kern County
Development Sta ndards.
f. The district or company has received written approval from the Director for waiver of the requirement of County review and approval of the plans.
The average family unit shall be two and eight tenths (2.8) persons per residential dwelling unit or its equivalent, and two and twentyfour hundredths (2.24) persons per multi-family residential unit.
The average discharge of domestic sewage shall be one hundred (100) gallons per day per person. ln the absence of any specific information to the contrary, the design peak discharge shall be estimated as follows:
Peak Factor = 1.8 x (Average Discharge)
302-1.03 lnfiltration allowances will be in addition to the above. 302-1.04 ln the absence of any specific information to the contrary, the peak design discharge for commercial and industrial sewage shall be:
Lpnd Use Peak Rate
Commercial 0.010 CFS/GA (6,460 GPD/GA)
lndustrial 0.015 CFS/GA (9,695 GPD/GA)
Flow rates may be obtained from approved references or other acceptable source.
302-1.05 Depth of flow in main and trunk sewers: Main sewers up to fifteen (15) inches inside diameter shall be designed to flow not more than seven-tenths (0.7) full; Trunk or main sewers over fifteen (15) inches inside diameter may be designed to flow full.
&!g: Under no condition is a gravity sewer everto be designed to flow under a head.
302-1.02
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BY
BY
JJR OATE
DATE
3t112012
AECOMWATER
SUBJECT City Of TehachapF East Lifr Station
Wet Well Size
JOB NO:
CHKD.
A3sumptions E Cribria
E1lslrno Flow Condrlrons (Love's r
ADWF 15.000 GPD = 10
PHF 24,000 GPD = 17
gpm
9pm
FLrture F ow Conditrons
ADWF ,I93.051 GPD
PHF 366.497 GPD
- Cyde time (minuEs) 10 min 30 max
- lnstall 2 pump6 wilh a cap{ity so trat eiltlgr one is capabl€ ot handling futurB ADF. Size v€t rrall to accornadab 2 bgar pumps lor tutrre PH F conditbns
lalculato minimum active volurne
O, = pump design flow (gpm)
t = cycle tirne (min)
In"'
Pobntial Cylindrical DimcoEion6
H (ft) at H(ft)at Vat Vat
D (fl) Existing Buitsoiit Existing FutuE
5 26 46 51 90
6 1.8 3.2 50 90 (ts
7 1.2 2.3 46 S0
I 0.9 1.8 45 90
10 0.7 1.1 51 SO
Ch.ck cycls tme et Futlro ADWF
Cycle tinE = FillTirE + Drain Tinp
cycle tim€ at AoWFFUT Jrin
;heck cycb time .t Eri8dng AOWF
cycl€ tirr at Ao\ rFD(, !.in
Check cycle lime at Existng PHF
cyctetrEatPHFeo lrin
Chsck cycla dme at Futult PHF
Cycle tinle at PHFFUT 51.8 min
[aager pumps
rcquired forfutlae
4001
4000
134 Spm
10 min
ft3
FillTime =
Drain Tirne =
Aclive
Depth
One Pump
.6 pump starts pe. hour
.14.8065
v/q"
v(oo - or")
ground el€vatjon
lnlluenl lnvert
4013
4002
ft
1ft
1fi
Diameter
/
Pumps Off
LLA
L[AMin Submergence
399s.8
3994.8
3993 8
E T.hichrpr !S ft.lm Cicafad nE€ycl. im-2 pu,ipe
1ft
134 gp.
255 gpm
P2 or!
P1 On
4t2ot20tJ
BY: JJR
CHKD. BY: _
DATE: 311f2O12
DATEI
AECOM WATER
SUBJECT
Wet WellSize
JOB NO:_
iEctory:
Assumptions & Criteria
- Exrstinq Flow Condrlions (Love'sl
ADWF 15,000 GPD
PHF 24.OOO GPD
Future Flovr Condrtrons
ADWF 193.061 GPD
PHF 366.497 GPD
Fill Tirne + Drain Time
fl3
Fill Time =
Drain Time =
Active
Depth
One Pump
*6 pump starts per hour
V/Qn
V(Qr- q^)
HWA
P3 On
P2On
Pl On
Punps Off
sprn
sprn
ground elevation
lnfluent lnvert
spm
gpm
- Cycle tinc (minutes) 10 min 30 max
- lnstall 2 pumps with a capacity so that either one is capable of handling existing PHF. Size \",€t t ,€ll to accorndate 3 equally sized pumps for future conditions so thil 2 pumps could handle future PHF )alculate minimum active volume
V-n = QoU4
Q, = pump design flour (gpm)
f = 6ycle time (min)
Vmin fn",
Pobntial Gylindrical Dimensions
H(ft)at H(ft)at Vat Vat
D (ft) Existing Buildout Existing Future
5 2.6 4.4 51 87
6 1.8 3.1 50 87
7 1.2 2.3 46 87
8 0.9 1.8 45 90
10 0.7 1.1 51 87
'130 gpm
10 min
7' to fit 3
tu
43.4463
Check cycle time at Future AAF
CYcle time =
Cycle time atADWFpgl
.;heck cycle time at Existing ADWF
Cycle tirne et ADWFEXT
Check cycle time at Existing PHF
Cycle tirne at PHF5;1
Check cycle tame at Future PHF
Cycle tirne at PHFFUT
Irn
mrn
Ir'n
min
pumps sized to equal
incoming flow at PH
401 3
4002
ft
ft
Diameter
4001
4000
3999
3998
3995.7
3994.7
3993.7
ft
LI-A
LWMin. Subrnergence
E Tchachapi LS Prclim Calcs-&ral.xlsx/Cycle tim-3 pumps Psge 5 Ot 8 4t29t2At3 Attachment B
Provost & Pritchard Proposal
ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT made this _ day of December, 2024, by and between the CITY OF TEHACHAPI, a municipal corporation (the "City"), and Provost & Pritchard Engineering Group, Inc. dba. Provost & Pritchard Consulting Group (the "Engineer").
WITNESSETH
WHEREAS, City wishes to contract with Engineer to provide certain professional services pursuant to the Proposal provided by the Engineer on November 8, 2024 attached as Exhibit "A" ("Services") that may be required by the City 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. City hereby contracts with Engineer to perform the Services under the terms and conditions described hereinafter.
2. City shall pay Engineer on a "time and materials" basis but not to exceed $98,900.00 (the "Fee"). As used herein, "time and materials" shall mean the number of hours devoted by Engineer to the Services charged at the rate set fonh in the rate schedule attached hereto as Exhibit "B" and by this reference made a part hereof and including all reasonable costs incurred by Engineer. The Engineer shall submit invoices no 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, same shall be paid in the regular cycle of payments made by City for other bills and claims.
3. Engineer shall complete the Services within 210 days from the date of this Agreement. 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.
4. Indemnity
a) Indemnity for Professional Liability
When the law establishes a professional standard of care for Engineer's Services to the frrllest extent permitted by law, Engineer shall indemnifu, protect, defend, and hold harmless City and L
any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel's fees and costs but only to the extent the Engineer (and its SubEngineers), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Engineer (and its SubEngineers) and the City in the performance of professional services under this agreement. Engineer has no up-front duty to defend; upon final adjudication of the claim by a court of competent jurisdiction or arbiter of fact, Engineer will reimburse the Indemnified Parties for any costs of defense determined by a court of competent jurisdiction or arbiter of fact to be attributable to such Engineer's proportionate fault. b) Indemnity for Other Than Professional Liability
Other than in the performance of professional services and to the full extent permitted by law, Engineer shall indemnifu, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged orthreatened, including legal counsel's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of , are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Engineer or by any individual or City for which Engineer is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Engineer. Engineer has no up-front duty to defend; upon final adjudication of the claim by a court of competent jurisdiction or arbiter of fact, Engineer will reimburse the Indemnified Parties for any costs of defense determined by a court of competent jurisdiction or arbiter of fact to be attributable to such Engineer' s proportionate fault.
5. Without limiting Engineer's obligations under Paragraph 5 of this Agreement, Engineer shall obtain and maintain during the life of this Agreement:
a) Professional Liability Insurance: Engineer shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement. b) General Liability: Engineer shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this projecVlocation or the general aggregate limit shall be twice the required occurrence limit. Engineer's general liability policies shall be primary and shall not seek contribution from the City's coverage, and be endorsed using Insurance Services Office form CG 20 l0 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. c) Workers' Compensation: Engineer shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000). Engineer shall submit to City, along with the certificate of insurance, a 2 Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
6. Information, data, plans and reports, and all otherproject documents drafted or created by Engineer or on behalf of the 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 full compensation of all monies due to the Engineer. Engineer shall release all such files and documents as instructed by 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.
7. 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 cause without notice and in that event Engineer shall not be entitled to any payment for unpaid Services.
8. All notices required to be given under this Agreement or by law shall be in writing and shall be deemed served if personally delivered or if sent by confirmed facsimile or electronic mail ("Email") or by United States mail, certified, return receipt requested, with date of signing the return receipt (or refusal to sign) as the date of service as follows: if to City - City Manager, 117 South Robinson Street, Tehachapi, California 93561, Fax - (661) 822-8559, Email -jschtosser@tehac , or if to Engineer, Provost & Pritchard Consulting Group, l5l8 Mill Rock Way, Suite 100, California 93301, Email [email protected]. Any party may change any of the foregoing as it relates to the party by giving written notice to the other party of the change in the manner set forth herein
9. Time is of the essence with regard to each covenant, condition and provision of this Agreement.
10. This Agreement shall be govemed by and construed in accordance with the laws of the State of California.
1 1. This Agreement constitutes the entire agreement between the parties with regard to the subject matter herein and supersede all prior oral and written agreements and understandings between the parties with respect thereto.
12. This Agreement may not be altered, amended, or modified except by a writing executed by duly authorized representatives of all parties. This Agreement or any amendment to same may be executed in counterparts.
13. 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 attorney's fees and actual costs. Engineer has no up-front duty to defend; upon final adjudication of the claim by a court of competentjurisdiction or arbiter of fact, Engineer will reimburse the Indemnified Parties 3 for any costs of defense determined by a court of competent jurisdiction or arbiter of fact to be attributable to such Engineer's proportionate fault.
14. Waiver by aparty 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.
16. 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, Engineer shall not, under any conditions, assign this Agreement or any part thereof to any other entity or individual.
17. Ifany term, provision, covenant or condition of this Agreement is held by a court 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.
18. City and Engineer acknowledge that each party and their respective legal counsel have reviewed this Agreement and agree that this Agreement is the product of negotiations 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.
19. 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.
20. 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.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date fi rst hereinabove written.
Mayor, City of
Tehachapi, California
(Llt* uL-^-
J"ff W #klund, P.E., Director of Operations
Provost & Pritchard Consulting Group
4 PROVOST& PRITC HARD
CONSULTING GROUP
November 8,2024
Andrew Norton
City of Tehachapi
1-15 S Robinson Street
Tehachapi, CA 93561
Subject: Proposal for Engineering and Land Surveying Services for Eastside Sewer Lift Station Tehachapi, Glifornia
Dear Mr. Norton
Thank you for the opportunity to submit this proposal to provide design engineering and surveying services for the Eastside Sewer Lift Station. This proposal discusses our understanding of the project, recommends a scope of services together with associated fees, deliverables and approximate schedules, sets forth our assumptions and discusses other services that may be of interest as the project proceeds.
PROJECT UNDERSTANDING
We understand that development may occur soon that would necessitate the need for construction of a sewer lift station (identified as the Eastside Sewer Lift Station) at the intersection of East Tehachapi Boulevard and Tehachapi-Willow Springs Road. A City of Tehachapi (City) operated lift station to serve northeast Tehachapi has been in consideration for some time. A Technical Memorandum for the conceptual design was prepared by AECOM Engineering in April 2013.
Engineering services will include plans, technical specifications, and estimate for the lift station and force main.
It is our understanding that the final drawings and technical specifications will ultimately be provided to a land developer for bidding and construction of the lift station.
SCOPE OF SERVICES
Our scope of work for this proposal is segregated into several phases, described below PHASE VID: CIOSED C!RCUIT TV VIDEO INSPECTION
The following tasks will be completed as part of Phase VID:
o Coordinate a closed-circuit W video inspection of the dry sewer lines. o Coordinate with City staff regarding traffic control and any temporary lane closure, detour, etc.
The video inspection is based on the following assumptions:
o Only the dry, non-active sewer lines will be inspected with CCTV video. o Cleaning of the lines (hydro-jetting, Wayne ball, etc) or pumping out nuisance water would be an additional cost.
\\EgnyteDrive\Docs\Marketing\Proposals\2024\City ofTehachapi-Eastside Sewer Lift Station 24-528\Working Orafts\2024-1024 Tehachapr Fanal proposal REVl.docx provostl. i pritch ard
City of Tehachapi
Proposal for Eastside Sewer Lift Station
Job No.: 24-528
Deliverables
a
a
November 8, 2024
a Standard traffic control signage and cones or delineators will be used. A Traffic Control Plan or permit will not be required.
Report of the results of the inspection
Copy of video on preferred media (USB drive, DVD)
PHASE PRE: PRETIMINARY DESIGN
The following tasks will be completed as part of Phase PRE o Attend kick off meeting (in person or virtual).
o Complete a topographic survey of the lift station site (two potential locations will be surveyed) as well as force main alignment including invert elevations for existing manholes. e Research, contact, and coordinate with utility companies to locate their facilities. Potholing of existing utilities is not included in this scope.
o Prepare "30%" design drawings, including plan and profile sheets for the proposed force main alignment as well as a recommendation for the force main size and options for incorporating the existing 8-inch diameter dry force main previously installed under State Highway 58. e Prepare Basis of Design Memorandum that summarizes the design criteria for the project.
Deliverables:
o Topographic survey map
o Preliminary (30%) Design Drawings
o Basis of Design Memorandum
PHASE DES: DESIGN ENGINEERING
The following tasks will be completed as part of Phase DES o Attend one design review meeting with City staff to review and discuss the 30% design submittal. This meeting will be used to refine the design, including the system control regime and allowances for future flows.
o lncorporate City comments from the design review meeting and prepare 90% design drawings for proposed lift station site including:
o Wet well and submersible pump station and appurtenances. o Sewer maln and force main connections and alignments. o Layout of site facilities including equipment, piping and valves, electrical service, control panel, water service, and site lighting.
o Coordinate with City for a water service at the lift station site (if needed). o Submit 90% drawings and technical specifications to the City for review and comment. o Submit engineers' opinion of probable construction cost (EOPCC). o lncorporate City comments from the 90% submittal and prepare 100% (Bid Ready) design plans and technical specifications and submit to the City.
Deliverables:
o One PDF and up to 2 24"x36" hardcopies (bond paper) of the 90% design plans, specifications, and EOPCC.
\\EgnWeDrive\Docs\Marketing\Proposals\2024\City of Tehachapr-Eastside Sewer Lift Station 24-528\Working Drafts\2024-1024 Tehachapi Final Proposal REVl.docx City of Tehachapi
Proposal for Eastside Sewer Lift Station
lob No.: 24-528
November 8, 2024
One PDF and up to 4 24"x36" hardcopies (bond paper) of the 100% design plans, specifications, and EOPCC.
PHASE ELEC: ELECTRICAT DESIGN
The following tasks will be completed as part of Phase ELEC; o Prepare a utility service application to bring power onsite and coordinate with Southern California Edlson (SCE) to confirm service request and service agreement process and fees. lt is assumed that any fees associated with SCE Engineering or service application fees will be paid by the City and are separate from the scope and fee associated with this proposal. o The Electrical/lnstrumentation/Controls (ElllC) team will conduct a site walk of the existing facility to kick off the project work.
o Design of power, instrumentation, and controls for incorporation into the design package. o Design of a control panel with a written control loop specification to detail operations. The control panel will contain a localcontroller, human-machine interface (HMl), pilot buttons, switches, and lights, and environmental controls (if needed). o Attend the design review meeting with City staff following submittal of the 30% design package. o Attend two meetings with the City's Supervisory Control And Data Acquisition (SCADA) lntegrator, to ensure plans and specifications are coordinated with Clty commissioning and integration practices.
The electrical system design is based on the following assumptions:
o The power distribution system will be designed to provide power to the lift station and will include provisions to incorporate an Automatic Transfer switch and generator to provide backup power to the facility. The utility to generator transition will be break-before-make. o Provisions for SCADA will be incorporated into the design of the control panel. We understand XiO is the SCADA integrator for the City.
o Site controls will be local and will operate in the "hand-off-auto" mode. o Communication needs will be dictated by the City (Radio, Cellular, etc.). Provost & Pritchard Consulting Group (Provost & Pritchard) will not conduct any radio or cellular studies as part of this scope of work, it is assumed that the City has a standard communication method. o Design provisions will be made for ancillary site loads, including site lighting and convenience receptacles.
Deliverables:
. E/I/C Plans and Specifications at the 9O%o, and 100% (Bid Ready) design levels, incorporated into the overall project design packages. An Engineer's Estimate of probable coslfor Ell/C components will be prepared at the 90% and 100% milestones. o Plans:
o Symbols, Legends, and Abbreviations
o Single Line Diagram and Load Calculations
o Site Plan
o Electrical Details
o Network Diagram
o Process and lnstrumentatlon Diagram
o Control Panel Elevations
o Schedules (Conduit and Cable, programmable logic controller (PLC) lnput and Output schedules, Lighting)
\\EgnyteDrive\Docs\Marketing\Proposals\2024\City ofTehachapi-Eastside Sewer Lrft Station 24-528\Working Drafts\2024-1024 Tehachapi Final Proposal REVl.docx a
City of Tehachapi
Proposal for Eastside Sewer Lift Station
]ob No.:24-528
November 8,2024
PHASE CON: CONSTRUCTION SERVICES
The following tasks will be completed as part of Phase CON:
o Review and respond to Submittals from the contractor. o Review and respond to Requests for lnformation (RFl's) from the contractor o Prepare Record Drawings upon completion and acceptance of the project.
PROFESSIONAT FEES
Provost & Pritchard will perform the services on a time and materials basis, in accordance with our Standard Fee Schedule in effect at the time services are rendered. These fees will be invoiced monthly as they are accrued, and our total fees, including reimbursable expenses, will not exceed the Total Estimated Fee below without additional authorization.
The line items shown above are estimates and are not intended to limit billings for any given Task. Required task effort may vary up or down from the line-item estimates shown, however total billings will not exceed the Total shown without additional authorization. lf the scope changes materially from that described above, as a result of any agency's decision or because of design changes requested by the City, we will prepare a revised estimate of our fees for your approval before we proceed.
SCH EDU tE
Once we receive an executed copy of this Proposal, and are authorized to proceed, we can prepare the Basis of Design Memorandum and the 30% Preliminary Design for initial submittal in approximately six weeks.
Agency review and property access time is beyond our control. lf an additional submittal is required after initial review, we will be prepared to re-submit two weeks after we receive agency comments.
Following the City's acceptance of the Basis of Design and Preliminary Design documents and completion of the preliminary design review meeting, the 90% Design package can be completed in another six to eight weeks.
Following receipt of City comments on the 90% design submittal, the 100% Bid Ready package can be completed in four to six weeks.
Overall and assuming City reviews take four weeks, the design can be ready to bid in seven to eight months from Notice to Proceed (NTP).
PHASE
ESTIMATED FEE
Phase VID s6,ooo
Phase PRE S18,eoo
Phase DES S44,3oo
Phase ELEC S19,7oo
Phase CON Slo,ooo
TotalEstimated Fee: Sss.eoo
PROPOSED FEE
\\Egnyteorive\Docs\Marketing\Proposals\2024\City ofTehachapi-Eastside Sewer Lift Station 24-528\Working Drafts\2024-1024 Tehachapi Final proposal REVl.doq City of Tehachapi
Proposal for Eastside Sewer Lift Station
Job No.: 24-528
November 8, 2024
ASSUMPTIONS
. City staff and/or other consultants will negotiate with property owners to acquire the property needed for the project.
o This proposal is based on information contained in the Technical Memorandum dated April 29, 2013, by AECOM.
. The City will perform closed-circuit W video of all the dry sewer lines and provide a copy of the video to Provost & Pritchard prior to starting the design of the project. o The City will contract for the services of a geotechnical engineering firm and provide a preliminary geotechnical report for the lift station site. r Regulatory permits, including building permits, will not be required for this project. r Provost & Pritchard CAD standards and title block will be used for the design of this project. r Provost & Pritchard's current CAD version will be used. r This scope of work includes one round of revisions to the deliverables mentioned in the scope above, unless otherwise noted.
o Project will be constructed at-grade, additional pads to elevate equipment out of potential floodplain are not included in scope of work.
e lt is assumed that the City has a preferred PLC and HMI manufacturer and model. o The PLC and HMI programs will be developed by the Contractor or the lntegrator; Provost & Pritchard is not preparing any software programs.
. System coordination and protection settings and design will not be evaluated. o No provisions will be made to include noise reducing enclosures in design. o Power quality will not be evaluated as part of this scope of work. o Title 24 Energy calculations will not be prepared as part of this project. r Cost estimates on utility service adjustments, additions, or replacements, or recommendations for rate schedules will not be prepared as part of this scope of work.
ADDITIONAT SERVICES
The following services are not included in this proposal; however, these and others can be provided at additional cost, upon request.
. Appropriate environmental documentation (CEQA/National Environmental Policy Act) o Pre-construction and/or Post-construction Biological Surveys r Nesting Bird Surveys in accordance with the Migratory Bird Treaty Act (MBTA) o Worker Environmental Awareness Program (WEAP) Training o Construction phases services such as: construction observation, construction staking, contract management services.
o Storm Water Pollution Prevention Plan (SWPPP) In compliance with State Water Resources Control Board (SWRCB) Construction General Permit.
o Additional office or field services required due to any governmental agency changes in ordinances, codes, policies, procedures, or requirements after the date of this agreement. o Payment of all checking and inspection fees, zoning and annexation application fees, assessment fees, and all otherfees, permits, title company charges, and all other similar charges not specifically covered by the terms of this agreement.
\\EgnyteDrive\Docs\Marketing\Proposals\2024\City ofTehachapi-Eastside Sewer Lift Station 24-528\Working Drafts\2024-1024 Tehachapi Final Proposal REVl.docx City of Tehachapi
Proposal for Eastside Sewer Lift Station
lob No.: 24-528
November 8, 2024
TERMS AND CONDITIONS
Terms and conditions shall be in accordance with the City's Engineering Services Agreement that will be mutually agreed upon by the parties. Please note your approval through consent to your electronic signature below. Receipt of the signed proposal will serve as our NTP. This proposal is valid for 30 days from the date above.
Respectfully,
Provost & Pritchard Consulting Group
fr,lM,^yt
RCE 75580
Cc: Jay Schlosser, Development Services Director
TERMS AND CONDITIONS ACCEPTED
By: City of Tehachapi
Signature
Printed Name
Title Date
\\Egnyte0rive\Docs\Marketing\Proposals\2024\City of Tehachapi-Eastside Sewer Lift Station 24-528\Working Drafts\2024-1024 Tehachapi Final proposal REVl.docx 2024 STANDARD FEE SCHEDULE
This schedule supersedes previously published fee schedules as of the effective date of January L,2024.
Multi-year controcts ore subject to ony subsequent chonges in these rotes.
Assistant Engineer
Associate Engineer
Senior Engineer
Principal Engineer
Associate Structural Engineer
Senior Structural Engineer
Principal Structural Engineer
Assistant Specialist
Associate Specialist
Senior Specialist
Principal Specialist
Assista nt Biologist
Associate Biologist
Senior Biologist
Principal Biologist
Assista nt Geologist/Hydrogeologist
Associate Geologist/Hydrogeologist
Sen ior Geologist/Hydrogeologist
Principa I Geologist/Hydrogeologist
Principal Tu nneling Consultant
Assistant Planner
Associate Planner
Senior Planner
Prlncipal Planner
Assistant Technician
Associate Technician
Senior Technician
s11s.oo - s143.00
5136.00 - S166.00
s174,oo - s210.oo
s220.oo - s280.oo
s136.00 - s166.00
s174.oo - s21o.oo
s220.00 - s260.00
sgs.0o - s11s.00
s120.00 - s1s0.00
s1s7.00 - s19s.00
s2os.oo - s26s.oo
s95.00 - s111.00
s116.00 - s143.00
s150.00 - 5172.00
s18o.0o - s22o.oo
510s.00 - 5130.00
s137.oo - s15s.oo
5170.00 - 5200.00
s21o.oo - s2s0.oo
s24s.00 - s27s.00
s97.00 - s117.00
s124.00 - s14s.00
s1s2.oo - s18o.oo
5188.00 - 5218.00
s8s.00 - s102.00
s1o8.oo - s132.oo
s138.00 - s155.00
Associate Construction Manager
Senior Construction Manager
Principal Construction Manager
Construction lnspector (1)
Construction I nspector 12)
Administrative Assista nt
Project Administrator
Senior Project Administrator
lntern
s134.00 - s1s4.00
s151.oo - s18s.oo
s19s.00 - s22s.00
s16s.00 - s190.00
s200.oo - s231.00
s7s.0o - sss.o0
s88.oo - s114.oo
s122.00 - s210.00
s7o.0o - s8s.oo
Assistant Surveyor 5110.00 - 5140.00
Licensed Surveyor $160.00 - 5200,00
1-Man Survey Crew 5195.00/5235.00(1)
2-Man Survey Crew SSOS.OO/S:SS.OO{'}
(Field work not including survey equipment billed at individual standard rate plus vehicle as appropriate.)
(1) Prevailing wage rates shown for San.loaquin, Stanislaus, Merced, Madera, Fresno, Tulare, Kings, and Kern counties; other aounties as quoted. (2) Overhme for Constructjon Services prevailing wage will be calculated at 125% of the standard prevailint wage rate.
Additional Fees
Expert Witness / GIS Training: As quoted.
Travel Time (for greater than one (1) hour from employee's base office): S9O/hour (unless the individual's rate is less) Project Costs
Mileage: IRS value + 15%
Outside Consultants: Cost + 15%
Direct Costs: Cost + 15%
ENGINEERING CONSTRUCTION SERVICES
STAFF TYPE FEE RANGE
SPECIALISTS
SURVEYING SERVICES
PLANNING
TECHNICAL
PROVOST& PRITC HARD
CONSULTING GROUP
STAFF TYPE FEE RANGE
SUPPORT
APPROVED
COUNCIL REPORTS
MEETING DATE: DECEMBER 16, 2024 AGENDA SECTION: DEVELOPMENT SERVICES DIRECTOR TO:
FROM:
DATE:
SUBJECT:
BACKGROUND
HONORABLE MAYOR DAVIES AND COUNCIL MEMBERS
JOHN (JAY) SCHLOSSER, P.E., DEVELOPMENT SERVICES DIRECTOR DECEMBER 9, 2024
ON-CALL ENGINEERING SERVICES AGREEMENT WITH 4-CREEKS, INC.
As the Council is aware, the City of Tehachapi regularly constructs transportation related projects funded ultimately by the federal or state governments. These types of project funds are routed to us through the Kern Council of Governments. These grant funds are encumbered with numerous conditions generally administered and enforced by Caltrans. One of these requirements is to select professional engineering services on a competitive basis. As such, City Staff initiated a Request for Qualifications (RFQ) for Engineering Services about 15 weeks ago. 4-Creeks has provided engineering consultant services to the City of Tehachapi for many years.
This relationship started in 2019 with an Engineering Services Agreement between the City of Tehachapi for Federally Funded Projects.
RFQ RESULTS
The City received three responses to our RFQ from the following consulting companies:
1. Diversified Project Services International, Inc.
2. Provost and Pritchard Consulting Group
3. 4-Creeks, Inc.
A review panel composed of Andrew Norton, Jason Wyatt, and Don Marsh reviewed the received RFQs and select 4-Creeks, Inc. as our top selection
RECOMMENDATION
The City Attorney has prepared an agreement with addendums for this effort. Caltrans Independent Office of Audits and Investigations (IOAI) gives final approval on consultant rates.
APPROVE THE SELECTION OF 4-CREEKS, INC. FOR ENGINEERING CONSULTANT SERVICES AND AUTHORIZE
THE MAYOR TO ENTER INTO AN ON-CALL AGREEMENT SUBJECT TO FINAL APPROVAL OF RATES BY CALTRANS INDEPENDENT OFFICE OF AUDITS AND INVESTIGATIONS.
ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") made this _ day ol__,2024, by and between the CITY OF TEHACHAPI ("City"), a municipal corporation (the "City"), and 4 Creeks, Inc. (the'oConsultant").
WITNESSETH:
WHEREAS, City wishes to contract with Engineer to provide certain professional services pursuant to the Proposal provided by the Engineer on October 3,2024 attachedas Exhibit "A" ("Services") that may be required by the City 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 funher incorporate the "Addendum to Engineering Services Agreement" 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 hereinafter.
3. City shall pay Engineer on a ootime and materials" basis but not to exceed $3,000,000.00 (the "Fee"). As used herein, "time and materials" shall mean the number of hours devoted by Engineer to the Services charged at the rate set forth in the Engineer's rate schedule attached hereto as Exhibit "8" and by this reference made a part hereof and including all reasonable costs incurred by Engineer. Engineer shall submit invoices no 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, same shall be paid in the regular cycle of payments made by City for other bills and claims.
4. This Agreement shall go into effect on [yet to be determined], contingent upon approval by the City of Tehachapi, and Engineer shall commence work after notification to proceed by the City of Tehachapi's Contract Administrator. This agreement shall end on [no more than five years following determined date or when fee is exhausted], unless extended by written amendment to this Agreement. Engineer is advised that any recommendation for Agreement award is not binding on the City of Tehachapi until the Agreement is fully executed and approved by the City of Tehachapi. 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. Except as I
expressly authorized herein, Engineer's obligations under this Agreement are not assignable or transferable, and Engineer shall not subcontract any work, without the prior written approval of the City of Tehachapi.
5. Indemnity
a) Indemnity for Profession Liability
When the law establishes a professional standard of care for Engineer's Services, to the fullest extent permitted by law, Engineer shall indemnify, protect, defend, and hold harmless the City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal Engineer's fees and costs but only to the extent the Engineer (and its Sub-Engineers), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Engineer (and its Sub-Engineers) and the City in the performance of professional services under this agreement. b) Indemnity for Other Than Professional Liability
Other than in the performance of professional services and to the full extent permitted by law, Engineer shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal Engineer's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Engineer or by any individual or City for which Engineer is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Engineer.
6. Without limiting Engineer's obligations under Paragraph 5 of this Agreement, Engineer shall obtain and maintain during the life of this Agreement:
a) Professional Liability Insurance
Engineer shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of two million dollars ($2,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement, and Engineer agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement.
b) General Liability
Engineer shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Engineer's general liability policies shall be primary and shall not seek contribution from the City's coverage, and be endorsed using 2 Insurance Services Office form CG 20 l0 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. c) Auto Liability
Engineer shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident.
d) Workers'Compensation
Engineer shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance with limits of at least one million dollars ($ 1,000,000). Engineer shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees, and volunteers.
Engineer shall provide City with appropriate certificates of insurance and endorsements for all of the foregoing. For the general liability insurance, Engineer shall name 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 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. All of the foregoing documents hereafter prepared by 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. Engineer shall release all such files and documents as instructed by 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 atany time for cause without notice and in that event Engineer shall not be entitled to any payment for unpaid Services.
9. All notices required to be given under this Agreement or by law shall be in writing and shall be deemed served if personally delivered or if sent by confirmed facsimile or electronic mail ("Email") or by United States mail, certified, return receipt requested, with date of signing the return receipt (or refusal to sign) as the date of service as follows: if to City Greg Garrett, City Manager, 115 South Robinson Street, Tehachapi, California 93561, Fax - (661) 822-8559, Email - [email protected], or if to Engineer, California _____Fax
- Any party may change any of the
foregoing as it relates to the party by giving written notice to the other party of the change in the manner set forth herein
3 10. Time is of the essence with regard to each covenant, condition and provision of this Agreement.
11. This Agreementshall be governed 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 supersede 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 awriting executed by duly authorized representatives of all parties. This Agreement or any amendment to same may be executed in counterparts.
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 attorney's fees and actual costs.
15. Waiver by aparty 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.
16. 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, Engineer shall not, under any conditions, assign this Agreement or any part thereof to any other entity or individual.
17. Ifany term, provision, covenant or condition of this Agreement is held by a court 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.
18. City and Engineer acknowledge that each party and their respective legal counsel have reviewed this Agreement and agree that this Agreement is the product of negotiations 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 parfy so drafting the Agreement.
19. 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.
20. Engineer is an independent Engineer under this Agreement and is not an agent or employee of City. As such, Engineer, including, without limitation, Engineer's employees are not entitled to participate in any plans, affangements, or distributions that City may now 4 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 fi rst hereinabove written.
Michael Davies, Mayor, City of
Tehachapi, California
IEngineer]
5 ADDENDUM TO
ENGINEERING SERVICES AGREEMENT
Addendum to Engineering Services Agreement dated
Tehachapi ("City") and 4 Creeks, Inc. ("Engineer").
20-, by and between the City of
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. If the contract has a DBE goal, ENGINEER must meet the goal by using DBEs as sub-Engineers or document a good faith effort to have met the goal. If a DBE sub-Engineer is unable to perform, ENGINEER must make a good faith effort to replace him/her with another DBE sub-Engineer 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 (t).
Prior to requesting CITY's consent for the proposed termination, the Engineer must meet the procedural requirements specified in 49 CFR 26.53(t).
2. COST PRINCIPLES
A. ENGINEER agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the cost allowability of individual terms of cost.
B. ENGINEER also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
C. Any costs for which payment has been made to ENGINEER that are determined by subsequent audit to be unallowable under 48-9 CFR Part 31 or 2 CFR Pat 200 are subject to repayment by ENGTNEER 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 Agreement that is not disposed of by agreement, shall be reviewed by CITY'S Chief Financial Officer.
B. Not later than thirty (30) calendar 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 Agreement.
D. ENGINEER and sub-Engineers' Agreements, including cost proposals and indirect cost rates (tCR), are subject to audits or reviews such as, but not limited to, an Agreement 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 Agreement, cost proposal and ICR and related workpapers, if applicable, will be reviewed to veriff compliance with 48 CFR, Part 3 I and other 6 related laws and regulations. In the instances of a CPA ICR Audit Workpaper Review it is ENGINEER's responsibility to ensure federal, state, or local government officials are allowed full access to the CPA's workpapers including making copies as necessary. The Agreement, cost proposal, and ICR shall be adjusted by ENGINEER 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 Agreement 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 Agreement terms and cause for termination of the Agreement and disallowance of prior reimbursed costs.
5. SUBCONTRACTING
A. Nothing contained in this Agreement or otherwise, shall create any contractual relation between the City and any Sub-Engineer , and no sub-agreement shall relieve the Engineer of its responsibilities and obligations hereunder. The Engineer agrees to be as fully responsible to the City for the acts and omissions of its Sub-Engineers and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Engineer. The Engineer's obligation to pay its Sub-Engineers is an independent obligation from the City's obligation to make payments to the Engineer.
B. ENGINEER shall perform the work contemplated with resources available within its own organization; and no portion of the work shall be subcontracted without written authorization by CITY'S Contract Administrator, except that, which is expressly identified in the Engineer's approved Cost Proposal.
C. Any sub-agreement entered into as a result of this Agreement, shallcontain all the provisions stipulated in this entire Agreement to be applicable to sub-Engineers unless otherwise noted..
D. Any substitution of sub-Engineers must be approved in writing by CITY's Contract Administrator ,
in his or her sole discretion, in advance of assigning work to a substitute sub-Engineer.
6. EQUIPMENT PURCHASB
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 ENGNEER'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 proposal must be adequately justified.
C. Any equipment purchased with funds provided under the terms of this Agreement is subject to the following:
ENGINEER shall maintain an inventory of all nonexpendable property.
Nonexpendable property is defined 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 Agreement, or if the Agreement 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 7 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 appraisalof 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. ii. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than $5,000 is credited to the project.
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. Engineer personnel shall wear hard hats and safety vests at all times while working on the construction project site.
B. Pursuant to the authority contained in Vehicle Code $591, 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 ll, 12, 13, 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 ENGTNEER 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
ln accordance with Public Contract Code $ 10296, ENGINEER hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federalcourt has been issued against ENGINEER within the immediately preceding two-year 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 of the agreement record.
11. NON-DISCRIMINATION CLAUSE AND STATEMENT OF COMPLIANCE A. 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 $ 12990 and 2 CCR $8 1 03.
8 B. During the performance of this AGREEMENT, ENGINEER and its sub-Engineers shall not deny the AGREEMENT's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability. medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. ENGINEER and sub-Engineers shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.
C. ENGINEER and sub-Engineers shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code $ 12990 et seq.), the applicable regulations promulgated there under (2 CCR $l 1000 et seq.), the provisions of Gov. Code $$11135-l I139.5, and the regulations or standards adopted by LOCAL AGENCY to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code $ 12990 (a-Q, set forth 2 CCR $$8100-8504, are incorporated into this AGREEMENT by reference and made a part hereof as if set forth in full.
D. ENGINEER shall permit access by representatives of the Department of Fair Employment and Housing and the LOCAL AGENCY upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or LOCAL AGENCY shall require to ascertain compliance with this clause.
E. ENGINEER and its sub-Engineers shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement.
F. ENGINEER shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this AGREEMENT.
G. The ENGINEER, with regard to the work performed under this AGREEMENT, shall act in accordance with Title VI of the Civil Rights Act of 1964 (42 U.S.C. $2000d et seq.). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the United States shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance or their assignees and successors in interest.
H. The ENGINEER shall comply with regulations relative to non-discrimination in federally-assisted programs of the U.S. Department of Transportation (49 CFR Part 21 - Effectuation of Title VI of the Civil Rights Act of 1964). Specifically, the ENGINEER shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR $21 .5, including employment practices and the selection and retention of Sub-Engineers.
I. ENGINEER, subrecipient or sub-Engineer will never exclude any person from participation in, deny any person the benefits of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR 26 on the basis of race, color, sex, or national origin. In administering the LOCAL AGENCY components of the DBE Program Plan, ENGINEER, subrecipient or sub-Engineer will not, directly, or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing accomplishment of the objectives of the DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin. 9 12. DEBARMENT AND SUSPENSION CERTIFICATION
A. ENGINEER's signature affixed herein, shallconstitute a certification under penalty of perjury under the laws of the State of California, that ENGINEER or that any person associated therewith in the capacity of owner, partner, director, officer, or manager:
i. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
ii. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years;
iii. Does not have a proposed debarment pending; and
iv. Has not been indicted, convicted, or had a civiljudgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years.
B. Any exceptions to this certification must be disclosed to CITY.
Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining ENGNEER 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 U.S, General Services Administration are to be determined by the FHWA.
13. STATE PREVAILING WAGE RATES
A. ENGINEER shall comply with all of the applicable provisions of the California Labor Code requiring the payment of prevailing wages. These wage rates are made a specific part of this Agreement by reference pursuant to Labor Code $ 1773.2 and will be applicable to work performed at a construction project site.
14. CONFLICT OF TNTEREST
A. During the term of the Agreement, the ENGINEER shall disclose any financial, business, or other relationship with CITY that may have an impact upon the outcome of this Agreement, or any ensuing CITY construction project. ENGINEER shall also list current clients who may have a financial interest in the outcome of this Agreement, or any ensuing CITY construction project, which willfollow.
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 Agreement.
C. ENGINE,ER hereby certifies that ENGINEER or sub-Engineer and any firm affiliated with ENGINEER or sub-Engineer bids on any construction contract, or on any Agreement to provide construction inspection for any construction project resulting from this Agreement, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons through joint-ownership, or otherwise.
15. REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION
ENGINEER warrants that this Agreement was not obtained or secured through rebates, kickbacks, or other unlawful consideration, either promised or paid to any CITY employee. For breach or violation l0
of this warranty, CITY shall have the right in its discretion, to terminate this Agreement without liability, to pay only for the value of the work actually performed; or to deduct from the Agreement price or otherwise recover the full amount of such rebate, kickback or other unlawful consideration.
16. PROHIBITION OF EXPBNDING 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 local, 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 or making of this agreement, or with the extension, continuation, renewal, amendment, or modification of this 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 agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this 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 3l U.S.C. $ 1352. 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 alllower-tier sub-agreements, which exceed $100,000, and that all such sub-recipients shall certifo and disclose accordingly.
17. CONFLICT WITH ENGINEERING SBRVICES AGREBMENT
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.
Michael Davies, Mayor
City of Tehachapi, California
Engineer
ll
Exhibit "A"
(Services)
12 The Engineering Department for the City of Tehachapi is circutating a Req uest for Qua lifications (RFQ) to appticants interested in providing engineering services on an on-cat[ basis for both federatty and state funded transportation projects. These proiects arefunded with Federatand State funds administered by Cattrans in conformance with Locat Assistance Procedures and Guidelines. As a resutt, the City is interested in retaining a firm with estabtished experience providing engineering services conforming to Cattrans requirements. This contract wilI not exceed 3 years with two optiona[ 1-year extensions or a maximum contract vatue of $3,000,000.
GENERAL SCOPE OF SERVICES:
Professionat Engineering Services shatt inctude generat civit engineering, transportation engineering, structurat engineering, tand surveying, design services and construction engineering, construction contract administration, and construction management inctuding pubtic infrastructure inspection.
Each pro.,ect needing Design Services requiring renderings or drawings shatt be produced y2 scale on 11"x17" paper and etectronicatty in .pdf format. Determination for number of iterations (i.e. 3Oo/o,600/o,900/o ptan sets) expected witt be documented prior to task order issuance.
The Engineer setected witt work with the City Engineering Department. Other staff members witt be avaitabte as necessary. The setected Engineer witt atso be expected to be avaitabLe to make presentations and reports to the City Councit as necessary and from time to time may be catted upon to make other presentations as wett.
The setected Engineer witt be expected to be famitiar with and capabte of comptying with alt requirements in the acquisition and execution of Federaland State transportation funding processes, KernCOG processes, and associated proiect imptementation inctuding the abitity to successf utty comptete:
o Ptans, specifications, and estimates
r Cattrans Local Assistance paperwork preparation
. Construction bid and award assistance
. Constructionadministration
Other requested engineering services may inctude, but may not be timited to the fottowing:
. Prepare loan and grant funding apptications, speciat studies, and investigations . Perform necessary surveying and base map devetopment
. Coordinate subsurface investigations and speciat consuttants as required . Prepare ptats and tegat descriptions
. Prepare construction documents inctuding ptans, specifications, and probabte cost estimates for public works infrastructure improvements
SCOPE OF SERVICES:
. Provide bidding and construction administration services . Provide Construction Management inctuding notice of award paperwork, preconstruction meeting, submittaI review, response to RFI's, change orders, monthly pay apptications, and notice of comptetion.
. Provide construction inspection services including coordination geotechnicaI services and comptiance with our Quatity Assurance Program (QAP). . Prepare record drawings, operation and maintenance manuats, maps, figures, and utitity improvement and construction standards
. Review technicat reports prepare by other consultants and assist in the preparations of staff reports, ordinances, and resotutions
. Coordinate right-of-way and environmentaI services as required Exhibit "B"
(Rate Schedule)
l3
Local Assistance Procedures Manual Cost Proposal -'t0H
EXHIBIT 10-H2 COST PROPOSAL o+", ", SPECIFIC MTE OF COMPEil$TION (USE FOR ALL ON{ALLOR A$NEEOEO CONTMCTS) (CONSTRUCTION ENGINEERING ANO INSPECNON CONMCTS) E!reL&&d@
FnnS &n6fi1 % + G6n6ral & AdmhBrat€ % Satu Hatur Rals ' aom€ Ofir.e !CR% OR
Eor Hom. ffico R.b
Fnng6 &neIl % + General& MmrnEtative %
For El.ld ffic. Rab
FnW &Eil % + Gqsalt AdnrnshM % 0m% Fi.ldffic!lCR*
FEE % : 15%
JION INFORMATION
D6b 01{r-m25
houtty da
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Adu.l o. Avg
Hourly Rat.'
torl
lncrease Xourty R.nf br
Claaalff€tona Ont
1t112025 1ZJ1rZ9Z5 2E5 v 103.61 0 00%
25S 107.75 4.00% hlnb, Pn@lErerffi
Slad-Effip!
308 84 't12.06 1Wr
ZIU bJ 79.33 0.00%
26 12 1l1nob 1231t2026 85 68 I 00%
255 01 1t1no27 1231 DO27 92.53 I 00%
Jrcnw&'$norE4'rcr
Salad - Ermpt
205 38 1t12025 12t31PO25 71.52 0 00%
1t1RO26 123112026 213 59 T7 50 4 00% XybIchH'hdE4ilE
S.bH ' Emd
222 14 1t1rauzt 12311202 I
80 60 4 00.r
194 /O 14J18025 72.12 0 00%
2c671 75 00 4 000i
4@t
Uu Wrllb- 06' $mor Erum6r
Slad - Exffpl
214 98 78.00
1t1no25 12t31t2025 64 90 0.000r
186 02 1l1no26 1231DO26 67 50 4 04./"
193 46 1t12027 1231nO27 70 20 4W.
Eb kli!' Sn6r Erurffir
Sdad ' Em9t
153 21 1tl DO25 1m12025 55 59 0 0001
159 33 1t1 12026 1Z31POZ6 57 81 l00fA Trryn P..cu.' Engrnet Saland - Exmpl
165.71 1t1t202t 1231 1202 t
60 13 4 00v"
11925 1ZJ1t2v2a 43.27 0 000n
128 79 1t112026 1AJ120b 46 73 I 00%
Tlm J.d' EngEr
&lad - Ermpi
139.09 50.47 8.00%
1t1n025 60 10 0 00%
172 26 1t1|2026 12131DO26 62.50 4.@%
179.15 1t12027 1231nO27 65.00 4.00
Sbd ' Exm9t
124 02 142 62 248 U 1t1 PO25 1231nO25 45.00 0 0e^
12E 98 146 33 251 % 1t1 no26 1231 2026 I.cy hrud.'
Bourly - Non
Prsd
Exmpl
Td lv 46 80 4W
1y 14 1v26 264 2A 1t1 2021 1231DO21 48 67 4 00%
s14 taol 132 29 1t1t2025 1231 t2025 240o 0 00%
68 79 79 11 137 58 143112026 24 4 00% I1ffihlbr'PrclisiTdl turt'N6hpt
715/ 82 27 143 08 25 96 4 00%
45.00 0.00%
128 98 148 33 257 % 1t1n026 46 80 4 0o%
xohl Chwr' Prqd Td lv
Hourly - N6 Ermpl
1U 14 1y 26 264 2A 1t1 DO27 1231nO27 4A_67 4 00%
]OJ U] 111f2U25 143112025 32 50 0 00%
94 05 108 16 188 10 143112026 34 13 5 000/6
TEvor hb' Pqd Ttrh ll
Houdy, No6 Ex6mpl
98 75 11356 197 50 1l1no27 5 00%
93 70 101 t6 1E7 41 1t12025 1431DO25 34m 0 00%
97 45 112 07 19 90 1t11206 1231r20re 35 36 4 @oa Houdy- Ns Exsmpl 101 35 116 55 202 10 fi.77 4 @va
992 114 10 198 43 1t1no25 1?]31nO25 36 00 0m%
103 16 ttE s 26 37 1t1PO26 12312026 374 4m% hmbbv.lro'P@dTdn Houny - Non Empt
107 31 123 41 21462 1t11202t 1231t202 I
38 94 4 000/6
32 00 0 00%
91 72 105 48 183 4 33 28 4on.h TFbh'PrydTdll
Hddy - No EMn
95 39 109 70 190 76 1t1 PO27 12312027 34 61 40o%
66 19 lul 42 1/OJ! 1t112024 1231 2025 32 00 0 000/0
91.72 105 48 183 4 33 28 4 @oh
h&Es'PqdTdl
H@iy - Nd Exsrpt
I.mo / Job Tii. / Chsiiflc.Uon HOUny Ernrng Rar6
95 39 109.70 1S0 78 1i,31nO27 34 61 4.0006
89.57 103 01 1t914 1281n025 32 50 0.00%
93 15 107 13 186 31 1t1no26 1231t2026 33 80 4 Noh
96 88 111.41 193 76 1t1DO27 12t31PO27 35.15 4 00%
AnFl &nii.t Oit' Projed Tech I
Houdy - Non Ersmpl
s40 192 92 1t12025 1231t2025 35 00 0.00%
100 32 115 37 200 u 1t1A026 3A 40 4 000/a
1 04.33 119 98 204 ffi 12n1n027 37 86 4 @lo
R.ndy W.!rict' P66cipal Suryeyor
Saland'Exempt
278 25 12t31t2025 1 00.96 0 000n
289.38 1l1DO26 1231nO26 105.00 4.00%
300 95 1t1no27 1231t2027 109.20 4.00%
Clinlon C.udls' L.nd Sutu yor
SaleM - Exempi
t5E 99 317 99 1t1no25 1231 2025 57 69 0 00%
165 35 190 16 330 71 1t1 t2026 123112026 60.00 4 00%
171 97 197 76 v3.g 1t1POZ/ 1231t2021 62 40 4.00%
Trry Holm6' Land Surueyor
Salarid - Exompl
57 69 0.00%
165 35 1231n026 60.00 4.@oh
171 9l 1231n027 62 40 4 00%
I.t Llm.!' Assooale SufreyodAss6bnl
Surveyor
Saland Exempt
145 t4 1t1n025 1431nO25 O 000/6
151.57 111n026 1231nO26 55 00 4.N%
157 63 1t1no27 1231PO21 5? 20 4.00%
SurueyodAssrstant Surueyor
Houdy - Non Exempt
133.1 1 231 50 111t2025 1231PO25 42 00 0.000/6
120.30 134_4 240 76 1t1r20za 1AJlUU2A 43 68 4.00%
125 20 143 9E 250 39 1t1rz92t 45 43 4.00%
An6ony Smpm'Projd Td ll
Houny - Noo Exempt
93.70 107.76 16t 41 34.00
97 45 112 07 194 90 12/31nO26 35 36 4 000k
101 35 116.55 202 70 1t1n027 1281nO27 fi.77 4 006/6
J$tn v.nd6my&n'Pqd Ish ll
Houny - Non Erempr
64.9U 1t18025 1231nO23 25.00 0 00"/6
71.66 82 40 143 31 1t1t2026 1231 2026 26 00
74 52 85 70 149 m 1t1 no27 1231PO27 27.U
bhnny Rlv.a' Pqd Tsh ll
Houny ' Non Ercmpl
82 68 95.08 165 $ 1t1 12025 1t3112025 30 00 0.000n
85 99 9E 69 171 97 1t1r2Q2A 1231t2026 31.20
89 43 102.U 178 85 32.45
I.fr $frod &nior Studural Erei@r
Sdad - Erfrpt
205 3a 12/31n025 74.52
12J31t2026 n50
222 14 1t1no27 12J31D027 80.60
Houdy ' Non Exempt
214 97 1t112025 12312025 39 00
111 78 128 55 223 57 1l1DO26 123112026 40 56
116.25 133.69 232 51 111t2027 1231 POzt 42.18
An.hy l.ndoa Propd Tech ll
Houdy - Non Exempl
82 68 95.08 165 S 1t1 12025 1231 12025 30.00 0.00%
85 99 9E 69 171 97 1t1t2U26 1231 1206 31 20
89 43 102 U 178 85 32.45
Json AEllano' Senor Utlity ks€ner
Saland Exempl
196 76 72 12 0.00%
206 71 1i,31nO26 75.00
214 98 1t1t2027 123112027 78 00
Houdy ' Non Aempt
r lJ.UU 129.95 225 99 1t1DO25 1?,31t2025 41.00
117.52 135.14 235 03 1t12026 1231DO26 426/-
122_22 140.55 24 43 1 t1PO27 12312027 435
Rlls Bmkondd$ Prqdld ll
Houny - Non Ex€mpt
s46 11093 192 92 1 t112025 12312025 35.00 0 00ol
100 32 1 1 5.J/ 2006/. 1t114026 143112026 36 40
104.33 11998 208.66 1231t202t 37 86
Houdy - Non Ex€mpt
16 26.00 0 00ol
74.52 85.70 149.M 1t12026 1231nO26 270/
77 50 a9 13 155.01 1112021 14312027 28 12
Amklyn ffi.m@ Prold Td I
Houdy - Non Exsmpt
1S 42.4U ]4J,J1 11112025 127112025 26 00 0 00%
74.52 85.70 149.04 270/
77 50 89 13 155.01 1t1no27 1231nO27 2A 12
1. KeypersonnelO!!tbemarkedwithanasterisk('landemployeesthataresubjectoprevailingagerequirementsmustbemarkedwithMoasterisks("). AllcosBmust comply with the Federal cost principles. Subconsultants will provide their own cost prorcsls.
2. The cost propoel Iormat shall not be amended.
3. Billing rate = adual hourly rate ' (1+ ICR) ' (1+ Fee). lndired cos rates shall be updated on an annual basis in accordance with the consultants annual accounting period and established by a cogniiant agency or accepted by Gltrans. All cosB mustcomply with the Federal cost principles for reimbursement.
4. Fornamedemployeesandkeypeasonnelentertheadualhourlyrate.Forclassilicationsonly,entertheAveraSeHourlyRateforthatclassification.
LPP 15-01
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Local Assistance Procedures Manual Cost Proposal - 1 0H EXHIBIT l0-H2 COST PROPOSAL pc.ruz
SPECIFIC RATE OF COMPENSATION (USE FOR ALL ON.CALL OR AS.NEEDED CONTMCTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Con!uhant or SuMrsu[anl:
P.oFd No A!!iL[O!O.o
For Combind Rab - Fnnge Beneft % + General & Administative % Safe Ha6or Rate 139 69% Home 6ice lcR% OR
For Home Ofrce Rate
For Fiold ffice R.t6
Fdnge Benefl % + General & Administative % 0 00% Field otrte lci% FEE O/"
BILLI CALCULATION INFORMATION
Notes:
1. Key personnel !!g!t be marked with an asterisk (') and employees that are subjed to prevailing age requirements must be marked with two asterisks ("). All costs must comply wlth the Federal cost principles. Subconsultants will provide their own cost proposals.
Z. The cost proposal format shall not be amended.
3. Billing rate = adual hourly rate ' (1+ ICR) i (1+ Feel. lndirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and 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 6te. For classifications only, enter the Average Hourly Rate for that classification.
Daie 01-01'2025
Frcm To
Aclual or Avg
Hou,ly RatC
Y.o.t
lncaeaSa Houdy R.ng. br
Chsific.don! Only Straight3 OT (1 5x) OT (2.0x)
1t1t2425 121312025 0 00"/" tul 5l
12131t2026 192 93 70.00 4 00%
1 t1 t2A2 / 1?t31t292/ 72 AO 4 00%
Will Ruofl Senior Archibt
Salaned - Exempl
200 64
1t1t 2025 12t31t2025 52 88 0 000/0 144. t4
151 57 55.00 4 00%
12t31 t202t 57 20 4.000/o
kd Luden' Proj*t Manrge.
Saland - Exempl
157 63 1t1no21
1t112025 12J31t2025 48.08 0 007o lJZ 5l
137 81 1 tlrzaza 50 00 4.OOo/o
52.00 4.00%
John Stu6zol' Proi*t t.n.ger
Salaraed Exempl
143 32 1t1t2021 12t31t2021
12t3112025 145 5l 67 31 0 00%
192.93 1t1t?o2b 1231 t20?6 70 00 4.001o Salaid ' Exempl 200.64 1t1t2027 1?,31t2027 72 80 1.00vo
117 76 1231t2925 64 50 0 00%
184 87 1 11t2026 12t31t2026 67 08 4 00yo &d Sch*Sor PnnciFl Pl.nner Salaid - Exempt
192.27 1t112027 1?,31nO27 69.76 1.00v.
132 51 1t1 tzu25 1231 t20Zb 48 08 0.00%
1t112026 1?,31t2026 50.00 4 000/6
Kclsy tuE Senior Engins 137.41
Saladd - Erempt
143.32 52 00 1.O00/o
109 96 1t12425 12t31t2025 39 90 0 00%
1t12426 1U31t2026 114.36 41.50 4.00%
116 94 1t1 tzuz I 1231r2U2 I 43 16 4 00vo
Salaid - Exempt
172.25 1l1pa25 12131t2025 62 50 0.00%
179 14 1!J1t2U26 65.00 4.00%
1 t1t2027
Sabnd aempl
186 31 1Z31ngzt 67 60 1 000/o
11093 192 92 1l1Da25 1U3112025 35.00 0 00%
100.32 115.37 200 64 1t1 tzuza 1?t31t2U2A 36 40 4 00vo
Houdy - Non Erempl
104 33 1 19.98 208 66 1t112027 1?,31t2021 37 86 4.00%
uz b6 30.00 0.00%
E5 99 98 89 171 97 1 t1 12026 1231PO26 31 20 1.@o/o
89 43 102.U 178 85 1t112027 1231t2027 32 45 4 00%
Xeb AnbFnko' Assiate Planner
Hourly - Non Exempl
85 44 98 25 170 87 111t2025 12,31t2025 31.00 0 000,6
88 85 102.1 I 177 71 32.24 4.OO%
Annemrds W.gnef Assistant Planner
Hourly - Non Erempl
92.41 106 27 1U 82 33.53 4.OOok 1tltz92 I 12311202 I
LPP 15-01
houny 6tlrng xaEt Effective date oI
Local Assistance Procedures Manual Cost Proposal - 10H
EXH|B|T 't0-H2 COST PROPOSAL ea", *z
SPECIFIC RATE OF COMPENSATION (USE FOR ALL ON.CALL OR AS.NEEDED CONTMCTS) (CONSTRUCTION ENGINEERING ANO INSPECTION CONTMCTS) consuh.nr or sub6n3un..r
P,Sd& Ctodl.ida
Fdnge 8@ff % + G6ne6l & tuminblEltre % Safc Hatu Rate 139 69Da HomeOftcerCR% OR
For Bome ffic€ R.te
Fdnge 86nffi % + G6eEl ll AdminBtatw %
Fo. Fi.ld ffic6 R.b
FdAc 8.reft % + Gondal E tuminbtmfre % o.ffi Fiddffif,. rCR% FEE % = 15%
BILLING INFORMA INFORMATION
1. (ey personnel !!!51 be marked with an asterisk {*) and employees that are subject to prevailing a8e requirements must be marked with two asterisks (..}. All costs must comply wilh the FedeGl cost principles. Sukonsultants will provide their own cost proposals.
2. The cost propsal format shall not be amended.
3. Billing rale = adual hourly rate ' (1+ lcR) ' (1+ Fee). lndirect cost rates shall be updated on an annual basis in accordance with the consultants annual accounting period and established by a coSnizant a8ency or accepted by Caltrans. All costs muat comply with the Federal cost principles for reimbursement.
4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Avera8e Hourly Rate for that classificataon. oe _oil:zo?t
Xam. / Job Tita / Cl...ifie6onr Hourly Billing R.t6 Adual or AYg Hou.ly Rato'
%ott Hourt tury tor
Ch..illedon. Only
224 39 262 65 456 78 1t1t2025 12t31n025 a2 87 0 000/0
237 53 273 15 475 05 1l1t2u2a 12tJ1 12026 86 18 4 00%
JBdn tle" lnshllHh.n
Hourt 'Non Ampl
247 03 2U OA 494 05 1t12021 12t31t2027 89 63 4 000/0
232 80 267 72 465 60 1tl n025 ltt3ltzvzt u47 0 00%
242 11 274 43 4U 22 1t1 12026 12t31 t2026 87 85 4 00%
Chd!&n lun_ lnstraftnhan
H@dy . Non Exempl
251 80 289 57 503 53 1t1t2027 12t31t2027 91 36 4 000k
243 11 279 57 46 21 1231 12025 8E 21 0 00%
252 83 290 76 505 66 1 t1 no26 123112026 91 74 4 00.t
Bedd $4.t" lnsramenlmen
Houdy ' Non Exempl
262 94 302 39 525 89 1t112027 1Z!1t202 I
95 41 4 00%
231 06 265 72 402 rJ 1t1r2U25 12312025 83 84 0 00%
240 3',1 276 35 480 61 1t1t2026 12t31D026
Houdy - Non Erempl 87 l9 4 00%
249 92 287 41 499 84 12t31 2027 90 68 4 00%
249 tZ 409 0/ 1 t1 2025 12t3112025 85 10 0 00%
243 92 280 50 487 83 1t112026 14J1 t2024 88 50 4 00%
Juli.n S.dovd" Rdman
Houdy - Non Exempl
253 67 507 35 1t11202t 123112027 920/ 4 0o%
269 t2 469 07 111t2025 12t3112025 85 10 0 00%
243 92 280 50 487 83 1t2026 12t31t2026 88 50 4 00%
knml G.ci." Rdman
Houdy - Non Exempt
253 67 291 72 507 35 1t1noz 12n1n027 920( 4 00%
230 t9 265 41 461 57 1t18025 1231t2025 8374 0 0o%
240 02 276.02 480 04 1t1 t?o26 12131 t2026
Houdy Non Exempt 87 09 4 00vo
249 62 287 6 499 24 12J31n027 90 57 4fi%
LPP 15-01 Page 1 of 3
TE HACHAPI
ALIFORNIA
COUNCIL REPORTS
MEET]NG DATE: Decembet 76,2024 AGENDASECTION: DEVELOPMENTSERVICES
APPROVED
DEPARTMENT HE
CITY MANAGER
TO
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR DAVIES AND COUNCIT MEMBERS
DECEMBER LO,2024
ADOPTION OF STAFF CECI.A DETERMINATION FOR THE VATTEY BOUTEVARD ROAD RESURFACING PROJECT- PHASE 2
On December 5, 2022, the City Council adopted the Valley Boulevard Road Resurfacing Project Agreement and Resolution No.54-22 with Caltrans. Valley Boulevard between Beech Street and Tucker Road will be rehabilitated and is scheduled for constructlon this fiscal year. This project qualifies for Regional Surface Transportation Program (RSTP) funds from the State of California.
Prior to construction, an environmental assessment for the project site must be undertaken. City Staff has reviewed the project site and determined it is consistent with the applicable provisions within the CEQA guidelines for a Categorical Exemption under Section 15301-exlsiting facilities.
ADOPT THE CEQA NOTICE OF EXEMPTION AND DIRECT STAFF TO FILE THE NOTICE OF EXEMPTION.
CITY OF
JOHN (JAY) SCHTOSSER, P.E., DEVETOPMENT SERVTCES DTRECTOR
BACKGROUND
ENVIRONMENTAT
RECOMMENDATION
lP'!c**.l
Notice of Exemption Appendix E
To: Office of Planning and Research
P.O. Box 3044, Room 1'13
Sacramento, CA 9581 2-3044
County Clerk
County 91. Kern
1'1 15 Truxtun Avenue, 1st Floor
Bakersfield, CA 93301
From: (Public Agency) City of Tehachapi
115 S. Robinson Street
Tehachapi, CA 93561
(Address)
Project Title VALLEY RESURFACE BEECH TO TUCKER (R24119) Project Applicant City of Tehachapi
Project Location - Specific:
VALLEY BLVD. BETWEEN BEECH ST AND TUCKER RD
Project Location - City Tehachapi Project Location - County: Kern Description of Nature, Purpose and Beneficiaries of Project:
Nature: Resurfacing and rehabilitation of approximately 0.5 miles of AC pavement , applying new pavemenl and a slurry seal.
Purpose: Standard maintenance ofValley Blvd between Beech St and Tucker Rd.
Beneficiaries: Members of the public.
Name of Person or Agency Carrying Out Project: Andrew Norton, P.E.
Exempt Status: (check one):
Ministerial (Sec. 21 080(b)(1 ); 1 5268);
Declared Emergency (Sec. 21080(bX3); 15269(a));
Emergency Project (Sec. 21 080(b)(a); 1 5269(b)(c));
Categorical Exemption. State type and section number: 15301 (c) - Existing Facilities 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 Facilities. b:Xtjf!::[", Andrew Norton Area Code/Telephone/Extension :
661-422-2200. ext. 131
!f filed by applicant:
1. Attach certified document of exemption finding
2. Has a Notice of been filed by the public agency approving the project? Yes No Signature Date 121912024 Title: City Engineer
. Signed Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21 110, Public Resources Code.
Reference: Sections 21108,21 152, and 21152.1, Public Resources Code. !
tr
n
tr
tr
Date Received for filing at OPR:
Revised 201 I
Name of Public Agency Approving Project: City of Tehachapi tr
"rY_u? -"-i?LaEil^r
Valley Blvd Resurface ll - R24119
Resurface Vblley Blvd between Beech Street and Tucker Road Legend
o Albertsons
o Best Western Plus Country Park Hotel
o Feature 1
o Feature 2
o Philip tvlarx Central Park
o TehachapiMneyardChurch
J Valley Blvd Resurface ll- R24119
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TEHACHAPI
IFORNIA
COUNCIL REPORTS
MEETING DATE: DECEMBER t6, 2024 AGENDA SECTION: DEVELOPMENT SERVICES
APPROVED
DEPARTMENT H
CIW MANAGER
TO HONORABTE MAYOR DAVIES AND COUNCIT MEMBERS
FROM: JOHN (JAYI SCHLOSSER, P.E., DEVETOPMENT SERVTCES DTRECTOR DATE: DECEMBER tO,2024
EAST TEHACHAPI BOUTEVARD AND STATE HIGHWAY 58 INTERCHANGE PROJECT:
COOPERATIVE AGREEMENT WITH CALTRANS DISTRICT 9
SUBJECT:
BACKGROUND
On September 76,2024, City Council approved the agreement with Parsons Transportation Group, lnc. to produce a Project Study Report-Project Development Support. This report seeks to evaluate improvements to the interchange at East Tehachapi Boulevard and State Highway 58 by realigning the eastbound ramps to a new intersection at Steuber Road and Valley Boulevard and the westbound ramps to Noria Drive.
PROPOSAL
The next step in this process is to enter into a cooperative agreement with Caltrans District 9 to deliver a Project lnitiation Document for their review of the project.
FISCAL IMPACT
There is no fiscal impact with this agreement beyond the budget of 5200,000 previously authorized
RECOMMENDATION
The Cooperative agreement was reviewed by the City Attorney.
APPROVE THE COOPERATIVE AGREEMENT BETWEEN THE CITY OF TEHACHAPI AND CATTRANS DISTRICT 9.
C IY OF
DRAFT Agreement No. 09-306
Project No.: 0924000073
EA: 09-40370
09-KER-58-94.2194.2
COOPERATIVE AGREEMENT COVER SHEET
Work Descrintion
TEHACHAPI SUMMIT TNTERCHANGE
Contact Information
The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notifu each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this AGREEMENT.
CALTRANS
Austin West, Project Manager
500 S. Main Street
Bishop, CA 93513
Office Phone: (7 60) 937 -4665
Mobile Phone: (916) 823-1337
Email: [email protected]. gov
CITY OF TEHACHAPI
Jay Schlosser,
ll7 South
Tehachapi, CA
Office Phone: (661 2200. ext. 1 15
Email : [email protected]
Billing contact:
Jay Schlosseq Development Services Director
I l7 South Robinson Street
Tehachapi, CA 93561
Office Phone: (661)822-2200, ext. l15
Agreement No. 09-306 | 09-KER-58 | EA: 09-40370
Page I I
DRAFTAgreementNo. 09-306
Project No.: 0924000073
EA: 09-40370
09-KER-58-94.2194.2
Emai I : [email protected]
Agreement No. 09-306 | 09-KER-58 | EA: 09-40370
Page l2
DRAFT Agreement No. 09-306
Project No.: 0924000073
EA: 09-40370
09-KER-58-94.2t94.2
Thble of Contents
COOPERATIVE AGREEMENT COVER SHEET......
Work Description.
Contact Information ....
CALTRANS
COOPERATIVE AGREEMENT.................
RECITALS
RESPONSIBILITIES
Sponsorship
Implementing Agency
Funding......
CALTRANS' Quality Management..
Project Initiation Document (PID) ...
Additional Provisions
Standards...
Noncompliant Work
Qual ifications ......................
Consultant Selection
Encroachment
Protected
Disclosures.........
Hazardous Materials
Claims
Accounting and Audits
Intemrption of Work......
Penalties, Judgments and Settlements............
GENERAL CONDITIONS .............
Venue.....
Exemptions
..................... I
.................. .. . 1
................... 54
................... 54
................... 6s
................... 6s
................... 6s
.............,.,.,. 76
................... 16
................... 87
................... 98
................... 98
................... 98
................... 98
................... 28
................... 98
................. 10e
109
AgreementNo. 09-306 | 09-KER-58 I EA: 09-40370
Page | 3
.................. I
.... I
.... I
Indemnification
DRAFTAgreementNo. 09-306
Project No.: 0924000073
EA: 09-40370
09-KER-58-94.2t94.2
Non-parties .....13-t4
.....138
.....1114
.....l3s
.....1++3
.....1514
.....17+6
Ambiguity and Performance...............
Defaults
Dispute Resolution
Prevailing Wage..........
FLTNDING SUMMARY
Funding......
Invoicing and Payment..................
Project Initiation Document (PI D) ..............
t7+4
..... t1+4
189
Agreement No. 09-306 | 09-KER-58 | EA: 09-40370
Page | 4
DRAFT Agreement No. 09-306
Project No.: 0924000073
EA: 09-40370
09-KER-58-94.2194.2
COOPERATIVE AGREEMENT
ThisAGREEMENT,executedonandeffectivef.om-,isbetweentheState of California, acting through its Department of Transportation, referred to as CALTRANS, and:
City of Tehachapi, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY.
An individual signatory agency in this AGREEMENT is referred to as a PARTY. Collectively, the signatory agencies in this AGREEMENT are referred to as PARTIES.
RECITALS
PARTIES are authorized to enter into a cooperative agreement for improvements to the State Highway System (SHS) per the California Streets and Highways Code, Sections I l4 and 130 and California Government Code. Section 65086.5.
2. For the purpose of this AGREEMENT, Tehachapi Summit ll be referred to hereinafter as PROJECT.CITY desires that a Project Initiation be developed for the PROJECT. The Project Initiation Document will be a Report-Project Development Support (PSR-PDS).
All obligations and responsibilities assigned in thi the following PROJECT COMPONENT will be referred
o PROJECT INITIATION
Each PROJECT Workplan Standards Cuide as a
distinct group of planning and development process
4. The term ludes this document and any attachments. exhibits, and amendments
This from and does not modifo or replace any other cooperative agreement or of understanding between the PARTIES regarding the PROJECT.
PARTIES intend this AGREEMENT to be their final expression that supersedes any oral understanding or writings pertaining to the WORK. The requirements of this AGREEMENT will preside over any conflicting requirements in any documents that are made an express part of this AGREEMENT.
If any provisions in this AGREEMENT are found by a court of competent jurisdiction to be, or are in fact, illegal, inoperative, or unenforceable, those provisions do not render any or all other AGREEMENT provisions invalid, inoperative, or unenforceable, and those provisions will be automatically severed from this AGREEMENT.
Agreement No. 09-306 | 09-KER-58 | EA: 09-40370
Page | 5
J Tto
5 6
7 DRAFTAgreementNo. 09-306
ProjectNo.: 0924000073
EA: 09-40370
09-KER-58-94.2194.2
Except as otherwise provided in the AGREEMENT, PARTIES will execute a wriften amendment if there are any changes to the terms of this AGREEMENT.
AGREEMENT will terminate 180 days after PID is signed by PARTIES or as mutually agreed by PARTIES in writing. However, all indemnification articles will remain in effect until terminated or modified in writing by mutual agreement.
No PROJECT deliverables have been completed prior to this AGREEMENT.
In this AGREEMENT capitalized words represent defined terms, initialisms, or acronyms.
PARTIES hereby set forth the terms, covenants, and conditions of this AGREEMENT.
RESPONSIBILITIES
Sponsorship
8. A SPONSOR is responsible for establishing the scope of the PROJECT securing the financial resources to fund the WORK. A SPONSOR is responsible for funds when necessary or implementing PROJECT changes to ensure the be completed with the funds committed in this AGREEMENT
PROJECT changes, as described in the C Manual, will
be approved by CALTRANS as the owner/, Hi System.
9. CITY is the SPONSOR for the WORK in
Implementing Agencv
10. The IMPLEM responsible for managing the scope, cost, schedule. and products of a PROJECT COMPONENT.
a CITY is itiation Document (PID) IMPLEMENTING AGENCY
The PID the PROJECT need and purpose, stakeholder input, project alternatives, l1
anticipated right-of-way requirements, preliminary environmental analysis, initial cost estimates, and potential funding sources.
CITY will provide a Quality Management Plan (QMP) for the WORK in every PROJECT COMPONENT that they are implementing. The QMP describes the IMPLEMENTING AGENCY's quality policy and how it will be used. The QMP will include a process for resolving disputes between the PARTIES at the team level. The QMP is subject to CALTRANS review and concurrence.
Any PARTY responsible for completing WORK will make its personnel and consultants that prepare WORK available to help resolve WORK-related problems and changes for the entire duration of the PROJECT including PROJECT work that may occur under separate agreements.
Agreement No. 09-306 09-KER-58 | EA: 09-40370
12
Fundins
13. CITY is the only PARTY committing funds in this AGREEMENT and will fund the cost of the WORK in accordance with this AGREEMENT.
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Il in the future, CALTRANS is allocated state funds and PersonnelYears (PYs) for PID review or development of this PROJECT, PARTIES will agree to amend this AGREEMENT to change the reimbursement arrangement for PID review.
Funding sources, PARTIES committing funds, funding amounts, and invoicing/payment details are documented in the Funding Summary section of this AGREEMENT.
Unless otherwise documented in the Funding Summary overall liability for project costs within a PROJECT COMPONENI subject to program limitations, will be in proportion to the amount contributed to that PROJECT COMPONENT by each fund type.
Unless otherwise documented in the Funding Summary any savings recognized within a PROJECT COMPONENT will be credited or reimbursed, when allowed by policy or law, in proportion to the amount contributed to that PROJECT COMPONENT by each fund
17. WORK costs, except those that are specifically excluded in . are to be paid from the funds obligated in the Funding Summarv. Costs that ifi luded from the funds t4
l5
r6.
20 obligated in this AGREEMENT are to be paid by
independent of this AGREEMENT.
tn costs from funds that are
CALTRANS' Ouality Manasement
18. CALTRANS. as the the System (SHS), will perform quality management work inc Assessment (QMA) and owner/operator approvals for existing and proposed SHS right-of-way
I9. CALTRANS' ent (QMA) efforts are to ensure that CITY's quality assurance results in accordance with the applicable standards and the PROJECT's quality managem ). QMA does not include any efforts necessary to develop or deliver WORK or anv by verifoing or rechecking WORK.
When CALTRANS performs QMA, it does so for its own benefit. No one can assign liability to CALTRANS due to its QMA.
CALTRANS, as the owner/operator of the State Highway System, will approve WORK products in accordance with CALTRANS policies and guidance and as indicated in this AGREEMENT.
CITY will provide WORK-related products and supporting documentation upon CALTRANS' request for the purpose of CALTRANS' quality management work.
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2t
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Proiect Initiation Document (PID)
22. As the PID IMPLEMENTING AGENCY CITY is responsible for all PID WORK except those activities and responsibilities that are assigned to another PARTY in this AGREEMENT and those activities that may be specifically excluded.
23. Should CITY request CALTRANS to perform any portion of PID preparation work, except as otherwise set forth in this AGREEMENI CITY agrees to reimburse CALTRANS for such work and PARTIES will amend this AGREEMENT.
24. CALTRANS will be responsible for completing the following PID activities
25. CALTRANS will provide relevant existing proprietary i Geologic and Geotechnical information
Utility information
Environmental constraints
Traffi c modeling/forecasts
Topographic and Boundary surveys
As-built centerline
a
a
a
a
a
a
for S will not conveft the format of existing
proprietary in
26. When requi wt pre-consultation with appropriate resource agencies in order to reach and purpose. avoidance alternatives, and feasible alternatives.
CALTRANS will participate in the Project Development Team meetings The PID will be signed on behalf of CITY by a Civil Engineer registered in the State of California CALTRANS will review and approve the Project Initiation Document (PID) as required by California Government Code, Section 65086.5.
CALTRANS will complete a review of the draft PID and provide its comments to CITY within 60 calendar days from the date CALTRANS received the draft PID from CITY. CITY will address the comments provided by CALTRANS. If any interim reviews are requested of CALTRANS by CITY, CALTRANS will complete those reviews within 30 calendar days from the date CALTRANS received the draft PID from CITY.
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Due to the potential C
27 28
29 CALTRANS Work Breakdown Structure Identifi er (If Applicable)
AGREEMENT
Funded Cost
I 00.05. I 0.xx Quality Management YES
150.05.05.xx Review of Existin Data, Studies, and YES
150.25.20 PID Circulation, Review, and A YES
related to:
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After CITY revises the PID to address all of CALTRANS'comments and submits the revised draft PID and all related attachments and appendices, CALTRANS will complete its review and final determination of the revised draft PID within 30 calendar days from the date CALTRANS received the revised draft PID from CITY. Should CALTRANS require supporting data necessary to defend facts or claims cited in the revised draft PID, CITY will provide all available supporting data in a reasonable time so that CALTRANS may conclude its review. The 30 day CALTRANS review period will be stalled during that time and will continue to run after CITY provides the required data.
No liability will be assigned to CALTRANS, its officers and employees by CITY under the terms of this AGREEMENT or by third parties by reason of CALTRANS'review and approval of the PID.
Additional Provisions
Standards
30. PARTIES will perform all WORK in accordance with federal and California laws, regulations, and standards; Federal Highway Administration (FHWA) standards; and standards CALTRANS standards include. but are not limited to. the gu in the r CADD Users Manual
o CALTRANS policies and directives
. Plans Preparation Manual
o Project Development Procedures (PDP
o Workplan Standards Guide
o Construction Manua Resident Engineers
o Local Agency Gui lines
Noncompliant Work
3I. CALTRANS to noncompliant WORK. CITY agrees to suspend WORK upon request by CA purpose of protecting public safety, preserving property rights, and ensuring that all in the best interest of the State Highway System Oualifications
32. Each PARTY will ensure that personnel participating in WORK are appropriately qualified or licensed to perform the tasks assigned to them.
Consultant Selection
33. CITY will invite CALTRANS to participate in the selection of any consultants that participate in the WORK.
Encroachment Permits
CALTRANS will issue, upon proper application, the encroachment permits required for WORK within State Highway System (SHS) right-of-way. CITY, their contractors, consultants, agents, and Agreement No. 09-306 | 09-KER-58 I EA: 09-40370
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utility owners will not work within the SHS right-of-way without an encroachment permit issued by CALTRANS. CALTRANS will provide encroachment permits to CITY at no cost. CALTRANS will provide encroachment permits to utility owners at no cost. If the encroachment permit and this AGREEMENT conflict, the requirements of this AGREEMENT will prevail.
35. The IMPLEMENTING AGENCY for a PROJECT COMPONENT will coordinate, prepare, obtain, implement, rene% and amend any encroachment permits needed to complete the WORK.
Protected Resources
36. If any PARTY discovers unanticipated cultural, archaeological, paleontological, or other protected resources during WORK, all WORK in that area will stop and that PARTY will notifr all PARTIES within 24 hours of discovery. WORK may only resume after a qualified professional has evaluated the nature and significance of the discovery and CALTRANS approves a plan for its removal or protection.
Disclosures
37. PARTIES will hold all administrative drafts and administrative final studies. materials, and documentation relied upon, produced, created, or utilized for the permitted by law and where applicable, the provisions of 7921 .505(c)(5) will protect the confidentiality of such that said documents are shared between PARTIES
PARTIES will not distribute, release, or said one other than employees, agents. and consultants who require access lete without the written consent of the PARTY authorized to rel un to do so by law.
38. If a PARTY receives a p to the WORK. that PARTY will notifu confidence to the extent
ment Code. Section
PARTIES and make PARTIES aware of any disclosed public
records.
w ithin
Hazardous Materials
39. Ifany hazardous r
PROJECT limits,
4l
40 pursuant to Health and Safety Code 25260(d). are found within the scovering PARTY will notifo all other PARTIES within rwenty-four (24) hours of discovery.
PARTIES agree to consider alternatives to PROJECT scope and/or alignment, to the extent practicable, in an effort to avoid any known hazardous materials within the proposed PROJECT limits.
If hazardous materials are discovered within PROJECT limits, but outside of State Highway System right-of-way, it is the responsibility of CITY in concert with the local agency having land use jurisdiction over the property, and the property owner, to remedy before CALTRANS will acquire or accept title to such property.
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42 43
Clqims
44 AccountinLand Audits
45. PARTIES will maintain, and willensure that any consultant hi WORK will maintain. a financial management systern that costs and billings.
46. PARTIES will maintain and make availab
financial data. during the term of this AG
PARTIES will retain all WO
PARTIES will
Article.
that
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Any PARTY that is responsible for completing WORK may accept, reject, compromise, settle, or litigate claims arising from the WORK without concurrence from the other PARTY.
PARTIES will confer on any claim that may affect the WORK or PARTIES' liability or responsibility under this AGREEMENT in order to retain resolution possibilities for potential future claims. No PARTY will prejudice the rights of another PARTY until after PARTIES confer on the claim.
If the WORK expends state or federal funds, each PARTY will comply with the Federal Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards of 2 CFR, Part 200. PARTIES will ensure that any for-profit consultant hired to participate in the WORK will comply with the requirements in 48 CFR, Chapter l, Part 3 l. When state or federal funds are expended on the WORK these principles and requirements apply to all funding types included in this AGREEMENT.
47. If the WORK
accordance with rt Act i
,TIES to participate in
Generally Accepted
incurred PROJECT
each documents, including
) years after the flnal voucher
to participate in the WORK willcomply with this
funds, each PARTY will undergo an annualaudit in
n the Federal Uniform Administrative Requirements, Cost Principles. and A ts for FederalAwards as defined in 2 CFR. Part 200
48. When a PARTY reimburses a consultant for WORK with state or federal funds, the procurement of the consultant and the consultant overhead costs will be in accordance with the Local Assistance Procedures Manual, Chapter 10.
Interruption of Work
49. If WORK stops for any reason, IMPLEMENTING AGENCY will place the PROJECT right-of-way in a safe and operable condition acceptable to CALTRANS.
P enalties. Judgments and Settle ments
50. The cost of awards, judgments, fines, interest, penalties, attorney's fees, and/or settlements generated by the WORK are considered WORK costs.
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Accounting Principles (GAAP). and that can properly
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5l Any PARTY whose action or lack of action causes the levy of fines, interest, or penalties will indemnifu and hold all other PARTIES harmless per the terms of this AGREEMENT.
GENERAL CONDITIONS
52. All portions of this AGREEMENI including the RECITALS section, are enforceable PARTIES understand that this AGREEMENT is in accordance with and governed by the Constitution and laws of the State of California. This AGREEMENT will be enforceable in the State of California. Any PARTY initiating legal action arising from this AGREEMENT will file and maintain that legal action in the Superior Court of the county in which the CALTRANS district office that is signatory to this AGREEMENT resides, or in the Superior Court of the county in which the PROJECT is physically located.
Exemptions
54. AIICALTRANS'obligations and commitments under this A T are subject to the appropriation ofresources by the Legislature, the State . programming and allocation of funds by the California m lon
53 Indemnification
55. Neither CALTRANS nor any
56 cers are responsl ble for any injury, damage,
or liability occurring by to be done by CITY, its contractors, sub-contractors. its ln with any work. authority, or jurisdiction conferred It is understood and agreed that CITY. to the extent perm
officers and
nifu, and save harmless CALTRANS and allof its
all alms, suits, or actions of every name, kind, and description brought forth u limited to, tortious, contractual. inverse condemnation. or other theories and asserlions of I occurring by reason of anything done or omitted to be done by CITY, its contractors, sub-contractors, and/or its agents under this AGREEMENT.
Neither CITY nor any of its officers and employees, are responsible for any injury, damage, or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under or in connection with any work, authority, or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnif, and save harmless CITY and all of its officers and employees from all claims, suits, or actions of every name, kind, and description brought forth undeq but not limited to, tortious, contractual, inverse condemnation, or other theories and assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub-contractors, and/or its agents under this AGREEMENT.
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Venue
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Non-parties
57. PARTIES do not intend this AGREEMENT to create a third-party beneficiary or define duties, obligations, or rights for entities in PARTIES not signatory to this AGREEMENT. PARTIES do not intend this AGREEMENT to affect their legal liability by imposing any standard of care for fulfilling the WORK different from the standards imposed by law.
58. PARTIES will not assign or attempt to assign obligations to entities not signatory to this AGREEMENT without an amendment to this AGREEMENT.
Ambisuitv and Performance
59. Neither PARTY will interpret any ambiguity contained in this AGREEMENT against the other PARTY. PARTIES waive the provisions of California Civil Code, Section 1654.
A waiver of a PARTY's performance under this AGREEMENT will not constitute a continuous waiver of any other provision.
60. A delay or omission to exercise a right or power due right or power in the future when deemed necessary.
to a default negate the use ofthat
Defaults
6l . If any PARTY defaults in its
writing that the default be re
to do so. the non-defaulting
PARTIES w
described in
performance wo
medied within 30)
ay rn
e
Plan
PARTY will request in
62 If the defaulting PARTY fails
EEMENT disputes at the PROJECT team level as
If they cannot resolve the dispute themselves. the
CALTRANS Di and the Executive Officer of CITY will attempt to negotiate a resolution. If not reach a resolution. PARTIES' legal counsel will initiate mediation.
PARTIES agree to ipate in mediation in good faith and will share equally in its costs.
Neither the dispute nor the mediation process relieves PARTIES from full and timely performance of the WORK in accordance with the terms of this AGREEMENT. However. if any PARTY stops fulfilling its obligations, any other PARTY may seek equitable relief to ensure that the WORK continues.
Except for equitable relief, no PARTY may file a civil complaint until after mediation, or forty-five (45) calendar days after filing the written mediation request, whichever occurs first.
PARTIES will file any civil complaints in the Superior Court of the county in which the CALTRANS District Office signatory to this AGREEMENT resides or in the Superior Court of the county in which the PROJECT is physically located.
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Dispute Resolution
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63 PARTIES maintain the ability to pursue alternative or additional dispute remedies if a previously selected remedy does not achieve resolution.
Prevailine Wase
64. When WORK falls within the Labor Code $ 1720(a)( I ) definition of "public works" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code $ 1771, PARTIES will conform to the provisions of Labor Code $$ 1720-1815, and allapplicable provisions of California Code of Regulations, Title 8, Division I, Chapter 8, Subchapter 3, Articles l-7. PARTIES will include prevailing wage requirements in contracts for public work and require contractors to include the same prevailing wage requirements in all subcontracts.
Work performed by a PARTY's own employees is exempt from the Labor Code's Prevailing Wage requirements.
If WORK is paid for, in whole or part. with federal funds and is of the type of work subject to federal prevailing wage requirements. PARTIES will conform to the provisions of the Davis-Bacon and RelatedActs,40 U.S.C. $$ 3l4l-3148.
When applicable. PARTIES will include federal prevailing public works. WORK performed by a PARTY's em federal prevailing wage requirements.
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in contracts for
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FUNDING SUMMARY
FUNDING TABLE
IMPLEMENTING AGENCY: CITY
Source Party Fund Type PID Totals
Totals 200,000 200.000
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LOCAL CITY City I 15,000 I 15,000
LOCAL CITY County 85,000 8s,000
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SPENDING TABLE
PID
Fund Type CALTRANS CITY Totals
Totals 0 200,000 200.000
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City 0 1 1s,000 I 15,000
County 0 85,000 85,000
Fundine
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Per the State Budget Act of 201 2, Chapter 603, amending item 2660-001-0042 of Section 2.00, the cost of any engineering support performed by CALTRANS towards any local government agencysponsored PID project will only include direct costs. Indirect or overhead costs will not be applied during the development of the PID document.
Invoicins and Pavment
Proj ect Initiat ion Document ( P ID.t
66. No invoicing or reimbursement will occur for the PID PROJECT COMPONENT.
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SIGNATURES
PARTIES are authorized to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and hereby covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. By signing below the PARTIES each expressly agree to execute this AGREEMENT electronically.
The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals.
STATE OF CALIFORNIA
DEPARTMENT OF
TRANSPORTATION CITY OF TEHACHAPI
Ryan A. Dermody
District Director
Verification of Funds and Authority:
Alexeya Williams
District 9 Project Control
Certified as to financial terms and policies:
Darwin Salmos
HQ Accounting Supervisor
John (Jay) Schlosser
Development Services Director
Michael Davies
Mayor
Attest:
Tom Schroeter
City Attorney
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HQ Legal Representative
HQ Legal Rep Title
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CITY OF
TEHACHAPI
C,ALIFORNIA
COUNCIL REPORTS
MEETING DATE: DECEMBER 16,2024 AGENDA SECTION: ASSISTANT CIW MANAGER
APPROVED
DEPARTMENT H
CITY MANAGE
TO HONORABTE MAYOR AND COUNCIL MEMBERS
FROM: COREY COSTETTOE, ASSISTANT CITY MANAGER
DATE: DECEMBER L6,2024
SUBJECT: INFORMATION ONtY: tEGISLATIVE TRACKING WITH GOVBUDDY The City of Tehachapi like all municipalities in the State of California, are impacted by State legislation, mandates and new laws that are introduced every year in the California State Legislature. As a small agency, tracking each piece of legislation, especially in the two-year legislative cycle that can see over 1,000 bills discussed by both Houses, is difficult and heavily reliant on partners and media coverage for alerts to legislation that will impact our city. Sometimes we approach the City Council with position letters for legislation we believe will either positively or negatively impact our community.
This software provides a valuable transparency tool to monitor the State Legislature and to be prepared for the impact of approved legislation on our municipal operations.
BACKGROUND
OETAILS
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Using artificial intelligence algorithms, GovBuddy includes Politics.Al predictions that generate the possibility of a bill being passed through a committee and being heard on the floor of either House for a vote. This algorithm factors in party affiliation of the author and co-authors, legislative success history with the lawmakers producing the proposal, similar legislative history, and other key connections to provide an estimated probability of each sponsors' proposals. This feature allows for a small staff to maximize time and track legislative proposals more accurately.
The access to up{o-date staff contacts and commiftee membership also allows for better dialogue between City staff as well as the City Council at times where our input including letters of support and opposition can be more effectively delivered. ln addition, bills that are being tracked by the City of Tehachapi can also be shared via "l frame" exports on the City's website, to assist residents in voicing their opinions or concerns on the bills to the legislative sponsor.
FISCAL IMPACT
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RECOMMENDATION
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