Agenda — Arvin City Council, February 20, 2024 (part 2 of 2)

CITY OF ARVIN
Staff Report
Special Meeting Date: February 20, 2024
TO: Arvin City Council
FROM: Pedro Barraza, Public Works Supervisor
Jeff Jones, City Manager
SUBJECT: Approval of A Resolution of the City Council of the City of Arvin Accepting and Awarding Bid and Authorizing the City Manager to Execute the Proposal from United Rentals for the Purchase of Heavy Equipment for the Public Works Department in the Amount of $121,688.48

BACKGROUND
The City of Arvin Public Works Department issued a request for sealed bids to purchase heavy equipment per Council’s direction to assist with improving City streets.

Arvin Municipal Code section 3.08.090 establishes a formal contract procedure for purchases over thirty thousand dollars and requires a notice inviting sealed bids to be published in a newspaper of general circulation, printed and published in the city of Arvin; requiring sealed bids submitted to the City Clerk; and identifying the time and place of the bid opening.

The Request for Bids invited sealed bids for any or all of the following heavy equipment:
2016-2020 John Deere 210L Skip Loader
2016-2020 John Deere 310 Backhoe with loader or Caterpillar 415F2 Backhoe with loader 2016-2020 Wacker Newson, or Volvo or Caterpillar 5-Ton Utility Compactors 2016-2020 Ditch Witch SX 500-gallon Vacuum Trailer
2016-2020 John Deere 2038R with loader and backhoe and forks 2016-2020 Toyota 3-Wheel electric Forklift 3,000-4,000 lb. lifting capacity The City received only one bid in response to the request submitted by United Rentals. United Rentals provided a bid for the following 2 equipment only:
1 Used - John Deere Skip Loader $57,289.68 (3 month warranty) 1 Used - Ditch Witch Vacuum Trailer $55,650.00 (3 month warranty) Tax: $ 8,748.80
Total: $121,688.48
Staff recommends the City Council approve to award the bid to United Rentals for the two heavy equipment listed above. Staff will seek quotes from vendors for the heavy equipment that were not bid on.

4.A.1
Attachment: Staff Report Award Bid to United Rentals for Heavy Equipment for PW Dept_022024 (Award Bid to United Rentals for Purchase of Staff Report Awarding Bid to United Rental for Heavy Equipment_022024.

Page 2 of 2 ends

RECOMMENDATION
Staff recommends that the City Council approve the Resolution of the City Council of the City of Arvin Accepting and Awarding Bid and Authorizing the City Manager to Execute the Proposal from United Rentals for the Purchase of Heavy Equipment for the Public Works Department in the amount of $121,688.48.

FINANCIAL IMPACT
The project is funded by the American Rescue Plan Act.

ATTACHMENTS
Bid from United Rentals

4.A.1
Attachment: Staff Report Award Bid to United Rentals for Heavy Equipment for PW Dept_022024 (Award Bid to United Rentals for Purchase of Reso Awarding Bid to United Rentals for Purchase of Heavy Equipment_022024.

Page 1 of 2 ends

RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

ACCEPTING AND AWARDING BID AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE PROPOSAL FROM UNITED RENTALS

FOR THE PURCHASE OF HEAVY EQUIPMENT FOR THE PUBLIC
WORKS DEPARTMENT IN THE AMOUNT OF $121,688.48.

WHEREAS, the Members of the City Council of the City of Arvin requested that City staff seek to purchase heavy equipment to assist with improving City streets; and WHEREAS, Arvin Municipal Code section 3.08.090 establishes a formal contract procedure for purchases over thirty thousand dollars and requires a notice inviting sealed bids to be published in a newspaper of general circulation, printed and published in the city of Arvin; requiring sealed bids submitted to the City Clerk; and identifying the time and place of the bid opening; and
WHEREAS, on December 21, 2023 City staff issued a Request for Bids following the procedures as prescribed by AMC 3.08.090, inviting sealed bids from vendors for purchase of heavy equipment; and
WHEREAS, on January 25, 2024, at 3:00 pm, one bid was received at Arvin City Hall for this purchase and said bid was submitted by United Rentals for the following equipment:
1 Used - John Deere Skip Loader $57,289.68 (3-month warranty) 1 Used - Ditch Witch Vacuum Trailer $55,650.00 (3-month warranty) Tax: $ 8,748.80
Total: $121,688.48
and;
WHEREAS, Staff has examined the bid received, and found the bid from United Rentals to be a qualified responsive and responsible bid, and has recommended it for the award of this purchase; and
WHEREAS, the City desires to finance this purchase using American Rescue Plan Act funds; and
NOW, THEREFORE, BE IT RESOLVED THAT: The City Council of the City of Arvin does hereby resolve as follows:

1. The recitals above are true and correct and incorporated by this reference.

2. The City Council finds that United Rentals is the only qualified responsive and responsible bidder.

3. The City Council of the City of Arvin does hereby accept the bid received, awards the bid to United Rentals, and authorizes the City Manager to execute the proposal from United Rentals for the purchase of the heavy equipment.

4.A.2
Attachment: Reso Awarding Bid to United Rentals for Heavy Equipment for PW Dept__022024 (Award Bid to United Rentals for Purchase of Reso Awarding Bid to United Rentals for Purchase of Heavy Equipment_022024.

Page 2 of 2 ends

4. The City Council finds that this action is in the best interests of the City of Arvin.

5. The City Clerk shall certify the passage and adoption of this Resolution.

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a special meeting thereof held on the 20th day of February 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:

By:

NATHAN HODGES, City Attorney
Hodges Law Group
I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.

4.A.2
Attachment: Reso Awarding Bid to United Rentals for Heavy Equipment for PW Dept__022024 (Award Bid to United Rentals for Purchase of

4.A.3
Attachment: Bid for Heavy Equipment from United Rentals_022024_Redacted (Award Bid to United Rentals for Purchase of Heavy Equipment)

4.A.3
Attachment: Bid for Heavy Equipment from United Rentals_022024_Redacted (Award Bid to United

4.A.3
Attachment: Bid for Heavy Equipment from United Rentals_022024_Redacted (Award Bid to United Rentals for Purchase of Heavy Equipment)

4.A.3
Attachment: Bid for Heavy Equipment from United Rentals_022024_Redacted (Award Bid to United

4.A.3
Attachment: Bid for Heavy Equipment from United Rentals_022024_Redacted (Award Bid to United Rentals for Purchase of Heavy Equipment)

4.A.3
Attachment: Bid for Heavy Equipment from United Rentals_022024_Redacted (Award Bid to United Rentals for Purchase of Heavy Equipment) Staff Report – Necessity to Commence Eminent Domain Proceedings – APN 446-010-62.

Page 1 of 3 ends

CITY OF ARVIN
Staff Report
Special Meeting Date: February 20, 2024
TO: Arvin City Council
FROM: Jeff Jones, City Manager
SUBJECT: Report, Discussion, and Potential Approval of A Resolution of the City Council of the City of Arvin Declaring the Necessity to Commence Eminent Domain Proceedings for the Acquisition of the Property Located at the Southwest Corner of Millux and Tejon Highway, Arvin, California 93203, Assessor’s Parcel No. 446-010-62.

Recommendation:

Adopt the Resolution of Necessity (2/3 vote required).

Background:

Earlier this year, the City was ordered by the State Water Control Board to comply with new requirements related to its Wastewater Treatment Facility to comply with a Cease and Desist Order. In order to comply with these requirements, the City needs additional land to properly disperse the effluent from its Wastewater Treatment Facility.

The City, however, does not own sufficient land in the vicinity of the Wastewater Treatment Facility, and after analyzing the property surrounding the Treatment Facility, it was determined that the property located at the Southwest corner of Millux and Tejon Highway, Arvin, CA 93203, Assessor’s Parcel No. 446-010-62, is the best property to allow the City to comply with the State Water Control Board’s requirements. The property is designated as Restricted Commercial, C-1, zoning on the City General Plan Map and Zoning map.

A map showing the location of the property is attached as an exhibit to the proposed Resolution.

Staff has been in contact with the property owners. Additionally, an appraiser, retained by the City, assigned a fair market value to the property necessary to complete the Project. An offer from the City to acquire the property for the amount stated in the appraisal was made on September 15, 2023. Additionally, since sending the offer to acquire the property, the City has sought to negotiate the purchase of the property in good faith. However, the Property Owner has not agreed to a purchase price for the Property. Therefore, in order to comply with the State Water Control Board’s requirements, the City must consider the filing of an eminent domain action, which will allow the City to proceed with the project while the fair market value is determined by the Court.

Before an eminent domain case can be filed, the City Council must adopt, by at least a 2/3 vote, a “Resolution of Necessity.” This resolution makes certain findings required by state law and authorizes the city attorney to begin the proceedings.

4.B.1
Attachment: Staff Report Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia Property_022024 (Declaring Staff Report – Necessity to Commence Eminent Domain Proceedings – APN 446-010-62.

Page 2 of 3 ends

It must be emphasized that the price to be paid for the property is NOT the subject of this hearing.

This hearing has the sole purpose of determining whether the statutory findings can be made.

Statutory Findings:

The statutory findings required to be made, and the facts supporting the making of the findings, are as follows:
1 . The project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury.

Facts: Yes, the closest property, which would allow the City to comply with the new requirements related to effluent is the Property at issue. This property is vacant and will require the least amount of work in order to allow the City to utilize it as intended.

Additionally, the Property is currently being used by the City’s contract farmer to disburse effluent. Therefore, the property, although vacant, is currently being utilized in the same manner as the City intends to utilize the property once acquired. This Project is deemed important for the safety of the residents of Arvin and is necessary to allow the City to continued compliance with the State Water Board’s Cease and Desist requirements.

2. The taking of the project is necessary for the proposed project.

Facts: Yes, as stated above, the City does not own sufficient land within the vicinity of its Wastewater Treatment Facility to allow it to comply with the State Water Control Board’s requirements. Additionally, because this land is currently vacant, it will require the lease amount of work to allow it to be utilized for the public’s interest.

3. The offer to purchase required by California Government Code Sec. 7267.2 was made to the owners of the property interests.

Facts: Yes, a written offer to acquire the property at the fair market value as determined by the appraiser was made on September 15, 2023.

4. The necessary notice of this hearing was given as required by Code of Civil Procedure Sec. 1245.235.

Facts: Yes, the notice was given by the City Clerk on December 20, 2023.

5. The City of Arvin has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain.

Facts: Yes, as outlined in this staff report.

6. The City of Arvin has complied with all provisions of the California Environmental Quality Act for the project.

Facts: Yes. The land acquisition meets the exemption criteria pursuant to California Environmental Quality Act (CEQA) Guidelines, Chapter 18.04 CEQA Implementation and Environmental Clearance and Resolution No. 2022-08 CEQA Implementation Guidelines. Pursuant to Title 14 of the California Code of Regulations, Sections 15061 (b) (2) and (b)(3), that this project is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a project which has the potential for causing a significant effect on the environment. This project and the associated project approvals are exempt from review under the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15061(b)(2) and (3) because it can be seen with certainty that there is no possibility that it will have a significant effect on the

Page 3 of 3 ends

environment, as the proposed project is merely a transfer of ownership with no other changes to the land or use. In addition, the project is exempt pursuant to Section 15325, Class 25 (Transfers of Ownership of Interest in Land to Preserve Existing Natural Conditions and Historical Resources), subsection (b)- as the acquisition will allow the continued agricultural use of the area.

The project is also not located next to any scenic highway or resources, nor is located on a hazardous waste site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. Finally, there are no structures on the site that could qualify as historical resources. The project will not have a significant adverse impact on a historic resource.

The Notice of Exemption is to be filed with Kern County Clerk in accordance with the City of Arvin’s Guideline for the implementation of CEQA. For all the foregoing, including evidence in the administrative record, the City Planner recommends the City of Arvin adopts a Class 3 Categorical Exemption under CEQA Guidelines section 15301- Existing Facilities and 15061(b)(1) and (b)(3).

7. If any portion of the property is appropriated for a public use, the public uses are necessary and paramount pursuant to Code of Civil Procedure Sec. 1240.610, or alternatively, will not unreasonably interfere with or impair the continuance of the public use as it then exists or can be reasonably expected to exist in the future.

Facts: Yes, the property will be used for public purposes, including disbursement of effluent from the City’s Wastewater Treatment facility.

Fiscal Impact:

Acquisition of this property is included in the costs of the Project budget.

Conclusion:

If the City Council wishes to proceed with the project, then this Resolution should be adopted.

Attachments:
1) Resolution with Exhibits

4.B.1
Attachment: Staff Report Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia Property_022024 (Declaring Reso Necessity to Commence Eminent Domain Proceedings APN 446-010-62.

Page 1 of 9 ends

RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

DECLARING THE NECESSITY TO COMMENCE EMINENT DOMAIN

PROCEEDINGS FOR THE ACQUISITION OF THE PROPERTY

LOCATED AT THE SOUTHWEST CORNER OF MILLUX AND TEJON
HIGHWAY, ARVIN, CALIFORNIA 93203, ASSESSOR’S PARCEL NO. 446-010-62.

WHEREAS after consideration of the staff report, staff presentation, discussion, oral testimony and evidence presented at the hearing on the date of the adoption of this Resolution, all of which are incorporated as if set forth herein, the City Council of the City of Arvin by vote of at least two-thirds of its members, FINDS, DETERMINES, DECLARES AND RESOLVES that:
a) The public interest, convenience and necessity require the proposed project, to wit:

Disposal of Wastewater Treatment Facility Effluent and all uses appurtenant thereto (“Project”); and
b) The interests in real property to be acquired are fee simple, which are described in Exhibit “A” and depicted on Exhibit “B” attached hereto and incorporated herein by this reference (“Property”). The Property is located within the City of Arvin, County of Kern, State of California.
c) The use of eminent domain to acquire the Property is authorized by California Government Code §37350.5;
d) The Project is planned and located in a manner that will be most compatible with the greatest public good and least private injury; and
e) The taking of the Property is necessary for the proposed project and such taking is authorized by Section 19, Article I of the California Constitution, Section 1230.010 et seq of the California Code of Civil Procedure, and other applicable law; and f) The offer to purchase required by California Government Code Sec. 7267.2 was made to the owners of the Property; and
g) The necessary notice of this Resolution has been given, as required by Code of Civil Procedure section 1245.235;
h) The City of Arvin has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property interests described herein; and

4.B.2
Attachment: Reso Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia Property_022024 (Declaring Reso Necessity to Commence Eminent Domain Proceedings APN 446-010-62.

Page 2 of 9 ends

i) The City of Arvin has fully complied with all provisions of the California Environmental Quality Act for the Project; and
WHEREAS the City Council hereby declares that it is its intention to acquire the Property in the name of the City of Arvin in accordance with the laws of the State of California governing condemnation proceedings; and
WHEREAS the City Council further finds that if any portion of the area of the Property has been appropriated to some public use, the public uses to which it is to be applied by the City, as described above, are more necessary and paramount public uses, pursuant to Code of Civil Procedure Sec. 1240.610 or, alternatively, will not unreasonably interfere with or impair the continuance of the public use as it then exists or may reasonably be expected to exist in the future, pursuant to Code of Civil Procedure Sec. 1240.510;
NOW, THEREFORE, BE IT RESOLVED that the City Attorney is authorized and directed to prepare, institute and prosecute in the name of the City of Arvin such proceedings in the proper Court having jurisdiction thereof as may be necessary for the acquisition of said Property, including the filing of a motion for an Order of Possession prior to judgment.

BE IT FURTHER RESOLVED that this Resolution shall be effective immediately upon its adoption.
/////
/////
/////
/////
/////
/////
/////
/////
/////
/////
/////
/////
/////

4.B.2
Attachment: Reso Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia Property_022024 (Declaring Reso Necessity to Commence Eminent Domain Proceedings APN 446-010-62.

Page 3 of 9 ends

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA TRUJILLO, Mayor
APPROVED AS TO FORM:

By:

4.B.2
Attachment: Reso Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia Property_022024 (Declaring Reso Necessity to Commence Eminent Domain Proceedings APN 446-010-62.

Page 4 of 9 ends

EXHIBIT A

LEGAL DESCRIPTION
APN 446-010-62
PARCEL 4 OF LOT LINE ADJUSTMENT NO. 94-04, AS PER CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 15, 1994 AS DOCUMENT NO. 165115 OF OFFICIAL RECORDS, BEING THAT PORTION OF THE NORTH HALF OF SECTION 2, TOWNSHIP 32 SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN, IN THE

CITY OF ARVIN, COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO THE PLAT THEREOF, DESCRIBED AS FOLLOWS:

BEGINNING AT A POINT ON THE NORTH LINE OF SAID SECTION, FROM WHICH POINT THE NORTH QUARTER CORNER OF SAID SECTION BEARS NORTH 89°50'46" WEST, 1350.00 FEET; THENCE ALONG SAID NORTH LINE, SOUTH 89°50'46" EAST, 1347.56 FEET TO THE NORTHEAST CORNER OF SAID SECTION; THENCE SOUTH 0°12'27" EAST ALONG THE EAST LINE OF SAID SECTION, 2579.47 FEET TO THE EAST QUARTER CORNER OF SAID SECTION; THENCE NORTH 89°59'04" WEST, ALONG THE SOUTH LINE OF SAID SECTION; 1363.83 FEET; THENCE NORTH 0°09'14" EAST, 2582.71 FEET TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM AN UNDIVIDED 1/2 INTEREST IN ALL MINERALS, OIL, GAS AND OTHER

HYDROCARBON SUBSTANCES WITHIN AND UNDERLYING SAID LAND, AS EXCEPTED BY DONNA KISELA, AS SUCCESSOR TRUSTEE OF THE CORA P. FRICK REVOCABLE TRUST AGREEMENT, DATED JULY 27, 1983, ET AL, IN DEED RECORDED JULY 10, 1991 IN BOOK 6542 PAGE 2119 OF OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM ALL REMAINING MINERALS, OIL, GAS AND OTHER HYDROCARBON

SUBSTANCES WITHIN OR UNDERLYING SAID LAND, AS EXCEPTED BY DONNA KISELA, AS SUCCESSOR TRUSTEE OF THE CORA P. FRICK REVOCABLE TRUST AGREEMENT, DATED JULY 10, 1983 IN DEED RECORDED JULY 10, 1991 IN BOOK 6542, PAGE 2135 OF OFFICIAL RECORDS.

ALL RIGHTS TO THE SURFACE DOWN TO A DEPTH OF 500 FEET OF SAID LAND, FOR THE PURPOSE OF

DRILLING, PRODUCING, EXTRACTING OR TAKING THE OIL, GAS, MINERALS OR OTHER HYDROCARBON

SUBSTANCES, EXCEPT AS TO CERTAIN DESIGNATED DRILL SITES TO BE DESCRIBED LATER, WERE WAIVED IN DOCUMENT RECORDED JULY 10, 1991 IN BOOK 6542 PAGE 2136 AND IN DOCUMENT RECORDED NOVEMBER 25, 1991 IN BOOK 6598, PAGE 1914, BOTH OF OFFICIAL RECORDS.

A WELL SITE EASEMENT FOR THE CONSTRUCTION, OPERATION, USE, INSTALLATION, SERVICE,

MAINTENANCE, REPAIR, REMOVAL AND/OR REPLACEMENT OF A WATER WELL ELECTRICAL TRANSMISSION LINES AND APPURTENANT EQUIPMENT, DESCRIBED AS FOLLOWS:

THAT PORTION OF PARCEL 1 OF LOT LINE ADJUSTMENT NO. 94-04, AS PER CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 15, 1994 AS DOCUMENT NO. 165115 OF OFFICIAL RECORDS, NOW KNOWN AS TRACT NO. 5607-UNIT "A", IN THE CITY OF ARVIN, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED FEBRUARY 5, 1999 IN BOOK 44, PAGES 152 AND 153 OF MAPS, IN THE OFFICE

OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS AN AREA RECTANGULAR IN CONFIGURATION, BEING THE NORTH 63 FEET OF SAID PARCEL 1, EXTENDING 75 FEET EAST AND WEST OF THE EXISTING WELL. THE WELL IS LOCATED 1,849.4 FEET WEST ALONG THE NORTH LINE OF SECTION 2, TOWNSHIP 32 SOUTH, RANGE 29 EAST, MOUNT DIABLO MERIDIAN, FROM THE NORTHEAST CORNER THEREOF AND SOUTH 58.2 FEET AT RIGHT ANGLES THERETO, AS ALSO DEPICTED ON THE MAP OF SAID TRACT NO. 5607-UNIT "A''.

NON-EXCLUSIVE WATER PIPELINE EASEMENTS, TOGETHER WITH INGRESS AND EGRESS UPON, IN

AND ACROSS SAME, WHICH ARE APPURTENANT TO ABOVE DESCRIBED WATER WELL, AS DISCLOSED IN THAT CERTAIN WATER SHARING AGREEMENT RECORDED FEBRUARY 8, 1996 AS DOCUMENT NO. 0196017254 OF OFFICIAL RECORDS.

4.B.2
Attachment: Reso Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia Property_022024 (Declaring Reso Necessity to Commence Eminent Domain Proceedings APN 446-010-62.

Page 5 of 9 ends

ACCESS EASEMENTS FOR INGRESS AND EGRESS UPON PARCEL 1 OF LOT LINE ADJUSTMENT NO. 94- 04, AS PER CERTIFICATE OF COMPLIANCE RECORDED NOVEMBER 15, 1994 AS DOCUMENT NO. 165115

OF OFFICIAL RECORDS, TO AND FROM EACH OF THE ABOVE DESCRIBED WELL SITE EASEMENT AND WATER PIPELINE EASEMENTS, TO BE APPURTENANT TO AND FOR THE BENEFIT OF PARCELS 2, 3, 4 AND THE DESIGNATED REMAINDER OF SAID LOT LINE ADJUSTMENT NO. 94-04, AS DISCLOSED IN DEED RECORDED FEBRUARY 8, 1996 AS DOCUMENT NO. 0196017253 OF OFFICIAL RECORDS.

TOGETHER WITH A 30% INTEREST IN AND TO A WATER WELL DESCRIBED AS PARCEL 1 A AND PARCEL 1 B.

4.B.2
Attachment: Reso Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia Property_022024 (Declaring Reso Necessity to Commence Eminent Domain Proceedings APN 446 -010-62.

Page 6 of 9 ends

EXHIBIT B
APN 446-010-62

Page 7 of 9 ends

Page 8 of 9 ends

Page 9 of 9 ends

4.B.2
Attachment: Reso Necessity to Commence Eminent Domain_Millux and Tejon Hwy APN 446-010-62 Garcia

4.B.3
Attachment: Notice of Exemption CEQA Eminent Domain Environmental Clearance APN 446-010-62_CC Mtg 022024_Redacted (Declaring

Page 1 of 1 ends

Staff Report re Amend No. 2 to Agmt No. 2022-29 with QK for Construction Mgmt for K. Park Field of Dreams Project.

CITY OF ARVIN
Staff Report
Special Meeting Date: February 20, 2024
TO: Arvin City Council
FROM: Christine Viterelli, Grants Manager
Jeff Jones, City Manager / Finance Director
SUBJECT: Consideration and Approval of Amendment No. 2 to Agreement No. 2022-29 Professional Consultant Services between City of Arvin and QK to Include Construction Management and Construction Staking Services for the Kovacevich Park “Field of Dreams and Baseball Teams” Project.

BACKGROUND:

On February 16, 2023, the City entered into a contract with QK for Development of Concept Plans, Construction Plans, and Bid Documents for the Kovacevich Park “Field of Dreams and Baseball Teams” Project. On October 18, 2023, the City entered into Amendment No. 1 to the contract with QK for additional landscape architecture support for the project.

Kovacevich Park is an existing city park providing baseball facilities. The City is undertaking a rehabilitation of the facilities at the park, and QK has been developing the construction documents to identify the scope of rehabilitation.

The expected construction phase will be 120 calendar days. As we approach the bid phase of the work, the City has requested construction phase services including construction project management services (Owner’s agent during construction) and construction staking services (professional land surveying).

STAFF RECOMMENDATION:

Staff recommends approval of Amendment No. 2 to Agreement No. 2022-29 Professional Consultant Services between City of Arvin and QK to include construction management and construction staking services for the Kovacevich Park “Field of Dreams and Baseball Teams” Project.

FINANCIAL IMPACT:

Approximately $136,450 from Prop 62 Kovacevich Park fund.

ATTACHMENTS:

Amendment No. 2 to Agreement No. 2022-29

4.C.1
Attachment: Staff Report Amend No. 2 to Agmt 2022-29 QK Construction Mgmt for K Park Field of Dreams_022024 (Amend No. 2 - QK for AGREEMENT NO. _________
AMENDMENT NO. 2 TO – AGREEMENT NO. 2022-29

AGREEMENT FOR THE DEVELOPMENT OF CONCEPT PLANS, CONSTRUCTION PLANS, AND BID DOCUMENTS FOR THE KOVACEVICH PARK “FIELD OF DREAMS AND BASEBALL TEAMS” PROJECT

PROFESSIONAL CONSULTANT SERVICES

BETWEEN

CITY OF ARVIN, CALIFORNIA,
AND
QUAD KNOPF, INC. dba QK
THIS AMENDMENT to the Agreement between the City of Arvin (hereafter “Client”) and Quad Knopf, Inc. dba QK (hereafter “Consultant”) is made this _____ day of ________________, 2024:

WHEREAS, on February 16, 2023, Client and Consultant entered into a contract whereby Consultant would provide the following services: Development of Concept Plans, Construction Plans, and Bid Documents for the Kovacevich Park “Field of Dreams and Baseball Teams” Project located in the City of Arvin, California, (hereafter “Project”); and WHEREAS, on October 18, 2023, Client authorized Amendment No. 1 for Consultant to provide additional Landscape Architecture support for the Project; and WHEREAS, Client has requested Consultant to provide Construction Management and Construction Staking services for the Project as described in the attached proposal dated January 31, 2024.

NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties as follows:

1. That the original Contract is hereby amended to include the scope of services described in the attached proposal dated January 31, 2024.

2. The services described herein will be provided for an estimated fee of $136,450.00, to be billed on a time and materials (T&M) basis per the attached charge rate schedule.

EXCEPT as specifically modified above, all of the remaining terms and conditions of the Agreement between the City of Arvin and Quad Knopf, Inc. dba QK dated February 16, 2023, shall remain and continue in full force and effect.

QUAD KNOPF, INC. dba QK CITY OF ARVIN
By: By:

Amber Aguayo Name: Jeff Jones
CFO/COO Title: City Manager

4.C.2
Attachment: Amend No. 2 to Agmt 2022-29 QK Construction Mgmt for K Park Field of Dreams_022024 (Amend No. 2 - QK for Construction January 31, 2024
Jeff Jones
City Manager
City of Arvin
200 Campus Drive
Arvin, CA 93203
Subject: Proposal for Construction Management and Staking Services – Kovacevich Park Improvements Project (QK Project 230050)
Dear Mr. Jones:

Thank you for the opportunity to provide this proposal for Construction Management and Construction Staking services to the City of Arvin (City). QK has been developing the construction documents for the City for the Kovacevich Park Field of Dreams and Baseball Teams Project (Project). Having worked with the City on previously successful park projects, we look forward to working with City staff again on this park rehabilitation in Arvin. The following includes our project understanding, approach, and proposed schedule and fees for your review and consideration.

BACKGROUND/PROJECT UNDERSTANDING
Kovacevich Park is an existing city park providing baseball facilities. The City is undertaking a rehabilitation of the facilities at the park, and QK has been developing the construction documents to identify the scope of rehabilitation.

The City has funded the project through the City’s 2022 California Department of Parks and Recreation 2018 Parks Bond and is not subject to federal funding requirements. QK is currently under contract to assist the City with the bidding process. The City will have bid and awarded the construction contract prior to the commencement of the services described herein.

APPROACH/SCOPE OF SERVICES
TASK 1.0 PRECONSTRUCTION SERVICES
Work performed under this task will include:
 Team orientation to the project design, scope deliverables, budget, and roles and responsibilities.  Review of the contractor’s preconstruction submittals, expected to include, at a minimum: project baseline schedule, safety program, notice to the San Joaquin Valley Air Pollution Control District (SJVAPCD), Stormwater Pollution Prevention Plan (SWPPP), Coordinate SMARTS input between the Contractor and the City,and other pertinent documents.
 Conduct a field survey of existing preconstruction conditions with photographic/video evidence of conditions.
 Chair and produce meeting minutes for the preconstruction meeting on MS Teams with the contractor, City, and QK representatives.
 Issue the contractor a Notice to Proceed.

4.C.3
Attachment: QK Proposal K Park - Const Mgmt and Staking Services Dated 01-31-2024 (Amend No. 2 - QK for Construction Mgmt and Jeff Jones, City of Arvin Page 2 of 5
January 31, 2024
Deliverables:
 Preconstruction meeting minutes
 Reviewed preconstruction submittals
 Written Notice to Proceed issued to the contractor
TASK 2.0 CONSTRUCTION PROJECT MANAGEMENT SERVICES
Work performed under this task will include providing Resident Engineering services as follows:
 Attend, chair, and provide project meeting minutes. We expect to conduct nine (6) tri-weekly progress meetings with the contractor, City, and QK. Project progress meetings will be conducted on MS Teams or other video conferencing/collaboration software.
 Receive, process, and forward contractor materials submittals to the design team for review. This proposal assumes 20 submittals for this project.
 Receive, process, and forward contractor requests for information (RFIs) to the design team for response.

This proposal assumes 20 RFIs for this project.
 Receive, evaluate, and recommend progress payment requests submitted by the contractor. This proposal assumes four (4) progress payments requested from the contractor.  Receive, evaluate, and respond to contract change issues. Issue change orders monthly. This proposal assumes four (4) change orders on the project.

Deliverables:
 Meeting minutes
 Reviewed project submittals (up to twenty (20))
 RFI responses (up to twenty (20))
 Progress payment recommendations (up to four (4))
 Change Order documentation (up to four (4))
TASK 3.0 FIELD SERVICES
Work performed under this task will include:
 Provide part-time field observation of contractor’s work to verify contractor’s general compliance with the project design. We anticipate 17 weeks of construction in the field and have programmed for one (1) trip per week at approximately five (5) hours per trip, including travel time. QK will provide daily observation reports that will include:
o Weather.
o Contractor forces on site (labor by name and class; equipment by equipment type and size). o General narrative of the work performed.
o Review of Contractor’s traffic control efforts.
o Tests performed.
o Photos of the installation as it progresses.
o Other pertinent observations.
 Coordinate materials testing with City’s independent materials testing lab.  Provide two (2) Resident Engineer site visits to assess contractor progress and address emergent field issues.
 Provide two (2) Landscape Architect site visits to assess contractor progress and address emergent field issues.
 Provide one (1) site visit by the Electrical Engineer (Rose Singe Eastham & Associates) to review construction.

Deliverables:
 Daily field observation reports (provided monthly)

4.C.3
Attachment: QK Proposal K Park - Const Mgmt and Staking Services Dated 01-31-2024 (Amend No. 2 - QK for Construction Mgmt and Jeff Jones, City of Arvin Page 3 of 5
January 31, 2024
TASK 4.0 POST-CONSTRUCTION SERVICES
Work performed under this task will include:
 When construction is complete, conduct a final field inspection with the contractor, City, and QK’s observer.

Review work in the field and compile a list of incomplete work to be completed by the contractor (Punchlist).

Provide a secondary site visit to confirm completion of punchlist items.  Receive, review, and recommend payment on the contractor’s final pay request.  Compile a reconciling final change order for all miscellaneous remaining items and final quantity adjustments.
 Review contractor’s submitted as-built drawings for completeness and clarity and deliver same to the City for their use.
 Prepare a draft Notice of Completion and draft Staff Report for City’s presentation to Council.

Deliverables:
 Punchlist
 Final Pay request recommendation
 Contractor’s as-built drawings
 Final reconciling change order
 Draft Notice of Completion and Staff Report
TASK 5.0 CONSTRUCTION STAKING SERVICES
One set of offset stakes for the following items will be provided:
 Rough grade staking
 Pathways & flatwork staking
 Picnic table pad staking
 Curb & gutter staking
 Parking lot staking
 Fencing
 Water
One (1) site benchmark will be provided. It is assumed that this work can be completed in seven (7) full-day trips to the site. If additional services, trips, or re-staking is required, QK will invoice those services separately on a Time and Materials (T&M) basis.

Deliverables:
 Cut sheets and point maps for staking work performed.  One set of construction stakes for the items listed above.  During construction, QK will receive and review copies of the contractor’s and any subcontractor’s weekly certified payroll reports. We expect the general contractor to employ approximately 3-5 subcontractors on the project.

TASK 6.0 LABOR COMPLIANCE SERVICES
Work performed under this task will include:
 During construction, QK will receive and review copies of the contractor’s and any subcontractor’s weekly certified payroll reports. We expect the general contractor to employ approximately 3-5 subcontractors on the project.
 QK will conduct monthly interviews of on-site tradespersons in the field to confirm pay rates and classifications. QK will document each interview on State-issued forms.

4.C.3
Attachment: QK Proposal K Park - Const Mgmt and Staking Services Dated 01-31-2024 (Amend No. 2 - QK for Construction Mgmt and Jeff Jones, City of Arvin Page 4 of 5
January 31, 2024
 A final closeout report will be provided summarizing all payrolls received and reviewed from the general contractor and their subcontractors.

Deliverables:
 Reviewed weekly certified payroll reports (at project closeout)  Monthly labor interview forms (at project closeout)
 Final Close-out report (at project closeout)
TASK 7.0 MATERIALS TESTING SERVICES
Using a subconsultant (BSK Associates), QK will provide for materials testing to confirm compliance with quality standards, including compaction testing of site backfill at structures and bac-t testing of waterline disinfection, prior to public use. We are not expecting special inspection requirements from permitting agencies. We have estimated a budget of $19,550 for materials testing, plus support hours. QK will confirm the budget with the City and the consultant prior to beginning work.

Deliverables:
 Materials testing lab reports
 Special Inspection reports

SCHEDULE
The Construction schedule is expected to be 120 calendar days. The scope included herein is based on that expected duration, along with preconstruction time, plus closeout time. Should construction extend beyond the expected timeframe, a fee modification will be prepared and submitted to the City for approval.

Task Description Duration

1.0 Preconstruction Services 4 weeks

2.0 Construction Project Management Services 17 weeks

3.0 Field Services (*) 17 weeks

4.0 Post-Construction Services 6 weeks

5.0 Construction Staking Services (*) 17 weeks

6.0 Labor Compliance Services (**) 23 weeks

7.0 Materials Testing Services (*) 17 weeks
Total Duration 27 weeks
(*) concurrent with construction phase services
(**) concurrent with construction and post-construction phase services

FEE ESTIMATE
Task Description Fee Type Fee Amount

1.0 Preconstruction Services T&M $8,100

2.0 Construction Project Management Services T&M $30,100

3.0 Field Services T&M $25,800

4.0 Post-Construction Services T&M $11,900

5.0 Construction Staking Services T&M $30,000

6.0 Labor Compliance Services T&M $11,000

7.0 Materials Testing Services T&M $19,550
Total Estimated Fee $136,450

4.C.3
Attachment: QK Proposal K Park - Const Mgmt and Staking Services Dated 01-31-2024 (Amend No. 2 - QK for Construction Mgmt and Jeff Jones, City of Arvin Page 5 of 5
January 31, 2024
Notes:

1. Expenses for reproduction, mailing, mileage, etc. are billed per our attached Charge Rate Schedule.

2. All time-and-materials fees will be invoiced monthly based on the level of effort in terms of hours relative to our Charge Rate Schedule.

3. When a Task is set on a time-and-materials fee basis, it signifies that it is not possible to accurately predict the amount of work effort required typical of on-call type services. QK will work with the client to set expectations where applicable.

4. The Fee Estimate is good for a period of 90 days from the date of the proposal. After 90 days, the Fee Estimate is subject to change.

5. Fees for field surveying activities are subject to the payment of Prevailing Wages for Kern County.

EXCLUSIONS AND ASSUMPTIONS
 County and/or State Encroachment Permits are not required.  Biological Clearance Surveys or Mitigation Monitoring are not included.  One (1) set of stakes will be set upon request for the specified items listed in this proposal. After stakes are set, it is the responsibility of the contractor for the condition of the stakes.  It is assumed that staking can be completed in seven (7) full-day trips to the site. If additional services, trips, or re-staking is required, QK will invoice those services separately on a Time and Materials (T&M) basis.  Advance notice of 48 hours is required prior to mobilization. Notice must be provided in the form of QK’s staking request form submitted to [email protected].  Site control points set by QK are to be maintained whenever possible throughout the duration of the project.

Should control points need to be replaced due to construction activity, replacement of said control points will be at the contractor’s expense.
 Additional or in-person meetings are available and can be provided upon request on a T&M basis.  Cut-sheets will be reviewed by a professional land surveyor, stamped, signed, and delivered to the contractor upon request. While QK does its best to deliver as soon as possible said cut-sheets, QK requests a minimum of 24 hours between the conclusion of any staking effort and the delivery of said cut-sheets.

Additional items not specifically mentioned herein are not included.

AUTHORIZATION OF SERVICES
In order to authorize services described herein, please sign the attached Contract Amendment and send back to us.

Typically, we can begin our services within 5 business days of the time authorization is received depending on client need and schedule constraints.

Thank you for your continued confidence with the QK team. If you have any questions or would like to discuss this proposal further, please contact Cathy Williams at (661) 616-2600. We look forward to beginning this work upon your approval.

Sincerely,
Cathy S. Williams, PE Amber Aguayo
Project Manager/Branch Manager - Bakersfield CFO/COO
Enclosures: Charge Rate Schedule
Contract Amendment No. 2
cc: Courtney Lee, QK
Greg Thompson, QK
John Krueger, QK
P230441/230050

BW/GT/CSW/AA

4.C.3
Attachment: QK Proposal K Park - Const Mgmt and Staking Services Dated 01-31-2024 (Amend No. 2 - QK for Construction Mgmt and Charge Rate Schedule

4.C.3
Attachment: QK Proposal K Park - Const Mgmt and Staking Services Dated 01-31-2024 (Amend No. 2 - QK for Construction Mgmt and P230441/230050 January 31, 2024
AMENDMENT NO. 2 – AGREEMENT NO. 2022-29

AGREEMENT FOR THE DEVELOPMENT OF CONCEPT PLANS, CONSTRUCTION PLANS, AND BID DOCUMENTS FOR THE KOVACEVICH PARK “FIELD OF DREAMS AND BASEBALL TEAMS” PROJECT

PROFESSIONAL CONSULTANT SERVICES

BETWEEN

NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties as follows:

1. That the original Contract is hereby amended to include the scope of services described in the attached proposal dated January 31, 2024.

2. The services described herein will be provided for an estimated fee of $136,450.00, to be billed on a time and materials (T&M) basis per the attached charge rate schedule.

QUAD KNOPF, INC. dba QK CITY OF ARVIN
By: By:

Amber Aguayo Name: Jeff Jones
CFO/COO Title: City Manager

4.C.3
Attachment: QK Proposal K Park - Const Mgmt and Staking Services Dated 01-31-2024 (Amend No. 2 - QK for Construction Mgmt and

Arvin City CouncilFebruary 20, 2024

Arvin City Council
February 20, 2024