Agenda — Arvin City Council, April 23, 2024 (part 3 of 3)

Photograph 1
View of Study Area looking north from the southwest corner of the site. View of parked vehicles. A semi truck was also parked in this area prior to taking the photograph.

5.C.7
Attachment: BIO Study Comanche and Varsity (GP & ZC 2024-01 Comanche & Varsity) Photographic Documentation
Photographs: January 6, 2023
Project: Varsity Ave and Comanche Drive, Arvin, CA
Photographer: Kathy Kinsland

Page 2 ends

Photograph 2
View of northern portion of
Study Area. Comanche
Avenue on the west.

Photograph 3
View of the southeastern
portion of the Study Area. The
Study Are is in the foreground,
and the adjacent residential
community in the background.

5.C.7
Attachment: BIO Study Comanche and Varsity (GP & ZC 2024-01 Comanche & Varsity) General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive San Joaquin Valley Air Basin, Annual
Project Characteristics -
Land Use - Project site is approximately 2.84 gross acres.

Construction Phase - No demolition required since site is vacant.

Mobile Land Use Mitigation -
Area Mitigation -

1.1 Land Usage
Land Uses Size Metric Lot Acreage Floor Surface Area Population Apartments Low Rise 85.00 Dwelling Unit 2.84 85,000.00 243

1.2 Other Project Characteristics
Urbanization
Climate Zone
Urban
7 Wind Speed (m/s) 2.7 Precipitation Freq (Days) 45

1.3 User Entered Comments & Non-Default Data

1.0 Project Characteristics
Utility Company Pacific Gas and Electric Company
Operational Year 2027
CO2 Intensity
(lb/MWhr)
203.98 CH4 Intensity 0.033
(lb/MWhr)
N2O Intensity 0.004
(lb/MWhr)
Table Name Column Name Default Value New Value
tblAreaMitigation UseLowVOCPaintParkingCheck False True tblConstructionPhase NumDays 20.00 0.00
tblConstructionPhase PhaseEndDate 1/28/2025 12/31/2024
tblLandUse LotAcreage 5.31 2.84
tblWoodstoves NumberCatalytic 2.84 0.00
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 29 Date: 11/11/2022 10:21 AM General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

5.C.8
Attachment: CALEEMOD Annual Report (GP & ZC 2024-01 Comanche & Varsity)

2.0 Emissions Summary
tblWoodstoves NumberNoncatalytic 2.84 0.00
CalEEMod Version: CalEEMod.2020.4.0 Page 2 of 29 Date: 11/11/2022 10:21 AM General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

5.C.8
Attachment: CALEEMOD Annual Report (GP & ZC 2024-01 Comanche & Varsity)

2.1 Overall Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year tons/yr MT/yr
2025 0.3521 1.4696 1.7987 3.5800e0030.0849 0.0562 0.1410 0.0270 0.0536 0.0806 0.0000 305.7902 305.7902 0.0484 3.8700e003308.1520 2026 0.6390 4.6500e0038.2000e0031.0000e0053.8000e0042.1000e0045.9000e0041.0000e0042.1000e0043.1000e0040.0000 1.3102 1.3102 6.0000e0051.0000e0051.3140 Maximum 0.6390 1.4696 1.7987 3.5800e0030.0849 0.0562 0.1410 0.0270 0.0536 0.0806 0.0000 305.7902 305.7902 0.0484 3.8700e003308.1520 Unmitigated Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year tons/yr MT/yr
2025 0.3521 1.4696 1.7987 3.5800e0030.0849 0.0562 0.1410 0.0270 0.0536 0.0806 0.0000 305.7899 305.7899 0.0484 3.8700e003308.1517 2026 0.6390 4.6500e0038.2000e0031.0000e0053.8000e0042.1000e0045.9000e0041.0000e0042.1000e0043.1000e0040.0000 1.3102 1.3102 6.0000e0051.0000e0051.3140 Maximum 0.6390 1.4696 1.7987 3.5800e0030.0849 0.0562 0.1410 0.0270 0.0536 0.0806 0.0000 305.7899 305.7899 0.0484 3.8700e003308.1517 Mitigated Construction
CalEEMod Version: CalEEMod.2020.4.0 Page 3 of 29 Date: 11/11/2022 10:21 AM General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter) Maximum Mitigated ROG + NOX (tons/quarter) 1 1-1-2025 3-31-2025 0.3104 0.3104
2 4-1-2025 6-30-2025 0.4610 0.4610
3 7-1-2025 9-30-2025 0.4661 0.4661
4 10-1-2025 12-31-2025 0.5421 0.5421
5 1-1-2026 3-31-2026 0.6897 0.6897
Highest 0.6897 0.6897

2.2 Overall Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Area 0.4344 0.0391 0.6441 2.4000e0046.0700e0036.0700e0036.0700e0036.0700e0030.0000 37.8536 37.8536 1.6900e0036.8000e00438.0971 Energy 7.3900e0030.0631 0.0269 4.0000e0045.1000e0035.1000e0035.1000e0035.1000e0030.0000 105.5399 105.5399 6.6500e0031.9800e003106.2949 Mobile 0.2705 0.4800 2.5672 6.3800e0030.6733 5.6000e0030.6789 0.1802 5.2600e0030.1854 0.0000 611.5288 611.5288 0.0298 0.0329 622.0875 Waste 0.0000 0.0000 0.0000 0.0000 7.9370 0.0000 7.9370 0.4691 0.0000 19.6635 Water 0.0000 0.0000 0.0000 0.0000 1.7570 3.9033 5.6602 0.1811 4.3400e00311.4801 Total 0.7123 0.5822 3.2382 7.0200e0030.6733 0.0168 0.6901 0.1802 0.0164 0.1966 9.6939 758.8255 768.5194 0.6883 0.0399 797.6230 Unmitigated Operational
CalEEMod Version: CalEEMod.2020.4.0 Page 4 of 29 Date: 11/11/2022 10:21 AM General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

5.C.8
Attachment: CALEEMOD Annual Report (GP & ZC 2024-01 Comanche & Varsity)

2.2 Overall Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Area 0.4059 7.2600e0030.6305 3.0000e0053.5000e0033.5000e0033.5000e0033.5000e0030.0000 1.0310 1.0310 9.9000e0040.0000 1.0556 Energy 7.3900e0030.0631 0.0269 4.0000e0045.1000e0035.1000e0035.1000e0035.1000e0030.0000 105.5399 105.5399 6.6500e0031.9800e003106.2949 Mobile 0.2447 0.4032 2.1584 5.1100e0030.5344 4.5300e0030.5389 0.1430 4.2500e0030.1472 0.0000 489.2956 489.2956 0.0258 0.0274 498.1092 Waste 0.0000 0.0000 0.0000 0.0000 7.9370 0.0000 7.9370 0.4691 0.0000 19.6635 Water 0.0000 0.0000 0.0000 0.0000 1.7570 3.9033 5.6602 0.1811 4.3400e00311.4801 Total 0.6580 0.4736 2.8158 5.5400e0030.5344 0.0131 0.5475 0.1430 0.0129 0.1558 9.6939 599.7696 609.4636 0.6836 0.0337 636.6033 Mitigated Operational

3.0 Construction Detail
Construction Phase
Phase
Number
Phase Name Phase Type Start Date End Date Num Days
Week
Num Days Phase Description
1 Demolition Demolition 1/1/2025 12/31/2024 5 0
2 Site Preparation Site Preparation 1/29/2025 1/31/2025 5 3 3 Grading Grading 2/1/2025 2/10/2025 5 6
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e
Percent
Reduction

7.63 18.66 13.04 21.08 20.63 21.71 20.66 20.63 21.79 20.72 0.00 20.96 20.70 0.68 15.55 20.19 CalEEMod Version: CalEEMod.2020.4.0 Page 5 of 29 Date: 11/11/2022 10:21 AM General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

5.C.8
Attachment: CALEEMOD Annual Report (GP & ZC 2024-01 Comanche & Varsity) 4 Building Construction Building Construction 2/11/2025 12/15/2025 5 220 5 Paving Paving 12/16/2025 12/29/2025 5 10
6 Architectural Coating Architectural Coating 12/30/2025 1/12/2026 5 10 OffRoad Equipment
Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Architectural Coating Air Compressors 1 6.00 78 0.48
Paving Cement and Mortar Mixers 1 8.00 9 0.56
Demolition Concrete/Industrial Saws 1 8.00 81 0.73
Building Construction Cranes 1 8.00 231 0.29
Building Construction Forklifts 2 7.00 89 0.20
Building Construction Generator Sets 1 8.00 84 0.74
Grading Graders 1 8.00 187 0.41
Site Preparation Graders 1 8.00 187 0.41
Paving Pavers 1 8.00 130 0.42
Paving Paving Equipment 1 8.00 132 0.36
Paving Rollers 2 8.00 80 0.38
Demolition Rubber Tired Dozers 1 8.00 247 0.40
Grading Rubber Tired Dozers 1 8.00 247 0.40
Site Preparation Scrapers 1 8.00 367 0.48
Building Construction Tractors/Loaders/Backhoes 1 6.00 97 0.37 Demolition Tractors/Loaders/Backhoes 3 8.00 97 0.37
Grading Tractors/Loaders/Backhoes 2 7.00 97 0.37
Residential Indoor: 172,125; Residential Outdoor: 57,375; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 0 (Architectural Coating – sqft)
Acres of Grading (Site Preparation Phase): 4.5
Acres of Grading (Grading Phase): 6
Acres of Paving: 0
CalEEMod Version: CalEEMod.2020.4.0 Page 6 of 29 Date: 11/11/2022 10:21 AM General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

5.C.8
Attachment: CALEEMOD Annual Report (GP & ZC 2024-01 Comanche & Varsity)

3.1 Mitigation Measures Construction
Paving Tractors/Loaders/Backhoes 1 8.00 97 0.37
Site Preparation Tractors/Loaders/Backhoes 1 7.00 97 0.37 Building Construction Welders 3 8.00 46 0.45
Trips and VMT
Phase Name Offroad Equipment
Count
Worker Trip
Number
Vendor Trip
Number
Hauling Trip
Number
Worker Trip
Length
Vendor Trip
Length
Hauling Trip
Length
Worker Vehicle
Class
Vendor
Vehicle Class
Hauling
Vehicle Class
Demolition 5 13.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Site Preparation 3 8.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Grading 4 10.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Building Construction 8 61.00 9.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Paving 6 15.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Architectural Coating 1 12.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2020.4.0 Page 7 of 29 Date: 11/11/2022 10:21 AM General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

5.C.8
Attachment: CALEEMOD Annual Report (GP & ZC 2024-01 Comanche & Varsity)

3.3 Site Preparation - 2025
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 3.0000e0052.0000e0052.6000e0040.0000 1.0000e0040.0000 1.0000e0043.0000e0050.0000 3.0000e0050.0000 0.0739 0.0739 0.0000 0.0000 0.0745 Total 3.0000e0052.0000e0052.6000e0040.0000 1.0000e0040.0000 1.0000e0043.0000e0050.0000 3.0000e0050.0000 0.0739 0.0739 0.0000 0.0000 0.0745 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 2.3900e0030.0000 2.3900e0032.6000e0040.0000 2.6000e0040.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.6500e0030.0165 0.0134 4.0000e0056.1000e0046.1000e0045.6000e0045.6000e0040.0000 3.2287 3.2287 1.0400e0030.0000 3.2548 Total 1.6500e0030.0165 0.0134 4.0000e0052.3900e0036.1000e0043.0000e0032.6000e0045.6000e0048.2000e0040.0000 3.2287 3.2287 1.0400e0030.0000 3.2548 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 8 of 29 Date: 11/11/2022 10:21 AM General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

5.C.8
Attachment: CALEEMOD Annual Report (GP & ZC 2024-01 Comanche & Varsity)

3.4 Grading - 2025
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 0.0213 0.0000 0.0213 0.0103 0.0000 0.0103 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 3.5700e0030.0373 0.0255 6.0000e0051.4900e0031.4900e0031.3700e0031.3700e0030.0000 5.4317 5.4317 1.7600e0030.0000 5.4756 Total 3.5700e0030.0373 0.0255 6.0000e0050.0213 1.4900e0030.0227 0.0103 1.3700e0030.0116 0.0000 5.4317 5.4317 1.7600e0030.0000 5.4756 Unmitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 9 of 29 Date: 11/11/2022 10:21 AM General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

5.C.8
Attachment: CALEEMOD Annual Report (GP & ZC 2024-01 Comanche & Varsity)

3.4 Grading - 2025
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 8.0000e0055.0000e0056.4000e0040.0000 2.4000e0040.0000 2.4000e0046.0000e0050.0000 6.0000e0050.0000 0.1848 0.1848 0.0000 0.0000 0.1863 Total 8.0000e0055.0000e0056.4000e0040.0000 2.4000e0040.0000 2.4000e0046.0000e0050.0000 6.0000e0050.0000 0.1848 0.1848 0.0000 0.0000 0.1863 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust 0.0213 0.0000 0.0213 0.0103 0.0000 0.0103 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 3.5700e0030.0373 0.0255 6.0000e0051.4900e0031.4900e0031.3700e0031.3700e0030.0000 5.4317 5.4317 1.7600e0030.0000 5.4756 Total 3.5700e0030.0373 0.0255 6.0000e0050.0213 1.4900e0030.0227 0.0103 1.3700e0030.0116 0.0000 5.4317 5.4317 1.7600e0030.0000 5.4756 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 10 of 29 Date: 11/11/2022 10:21 AM General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

5.C.8
Attachment: CALEEMOD Annual Report (GP & ZC 2024-01 Comanche & Varsity)

3.5 Building Construction - 2025
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.1639 1.3226 1.5408 2.7500e0030.0517 0.0517 0.0495 0.0495 0.0000 228.5088 228.5088 0.0419 0.0000 229.5565 Total 0.1639 1.3226 1.5408 2.7500e0030.0517 0.0517 0.0495 0.0495 0.0000 228.5088 228.5088 0.0419 0.0000 229.5565 Unmitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 11 of 29 Date: 11/11/2022 10:21 AM General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

5.C.8
Attachment: CALEEMOD Annual Report (GP & ZC 2024-01 Comanche & Varsity)

3.5 Building Construction - 2025
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 1.0400e0030.0436 0.0128 1.9000e0046.5600e0032.9000e0046.8500e0031.9000e0032.7000e0042.1700e0030.0000 18.4897 18.4897 7.0000e0052.7600e00319.3148 Worker 0.0180 0.0111 0.1433 4.4000e0040.0536 2.6000e0040.0539 0.0143 2.4000e0040.0145 0.0000 41.3250 41.3250 1.0900e0031.0800e00341.6755 Total 0.0190 0.0547 0.1561 6.3000e0040.0602 5.5000e0040.0608 0.0162 5.1000e0040.0167 0.0000 59.8147 59.8147 1.1600e0033.8400e00360.9903 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.1639 1.3226 1.5408 2.7500e0030.0517 0.0517 0.0495 0.0495 0.0000 228.5086 228.5086 0.0419 0.0000 229.5563 Total 0.1639 1.3226 1.5408 2.7500e0030.0517 0.0517 0.0495 0.0495 0.0000 228.5086 228.5086 0.0419 0.0000 229.5563 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 12 of 29 Date: 11/11/2022 10:21 AM General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

5.C.8
Attachment: CALEEMOD Annual Report (GP & ZC 2024-01 Comanche & Varsity)

3.6 Paving - 2025
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 3.9300e0030.0372 0.0584 9.0000e0051.7500e0031.7500e0031.6200e0031.6200e0030.0000 7.7565 7.7565 2.4600e0030.0000 7.8179 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 3.9300e0030.0372 0.0584 9.0000e0051.7500e0031.7500e0031.6200e0031.6200e0030.0000 7.7565 7.7565 2.4600e0030.0000 7.8179 Unmitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 13 of 29 Date: 11/11/2022 10:21 AM General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

5.C.8
Attachment: CALEEMOD Annual Report (GP & ZC 2024-01 Comanche & Varsity)

3.6 Paving - 2025
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.0000e0041.2000e0041.6000e0030.0000 6.0000e0040.0000 6.0000e0041.6000e0040.0000 1.6000e0040.0000 0.4619 0.4619 1.0000e0051.0000e0050.4658 Total 2.0000e0041.2000e0041.6000e0030.0000 6.0000e0040.0000 6.0000e0041.6000e0040.0000 1.6000e0040.0000 0.4619 0.4619 1.0000e0051.0000e0050.4658 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 3.9300e0030.0372 0.0584 9.0000e0051.7500e0031.7500e0031.6200e0031.6200e0030.0000 7.7565 7.7565 2.4600e0030.0000 7.8179 Paving 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 3.9300e0030.0372 0.0584 9.0000e0051.7500e0031.7500e0031.6200e0031.6200e0030.0000 7.7565 7.7565 2.4600e0030.0000 7.8179 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 14 of 29 Date: 11/11/2022 10:21 AM General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

5.C.8
Attachment: CALEEMOD Annual Report (GP & ZC 2024-01 Comanche & Varsity)

3.7 Architectural Coating - 2025
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 3.0000e0052.0000e0052.6000e0040.0000 1.0000e0040.0000 1.0000e0043.0000e0050.0000 3.0000e0050.0000 0.0739 0.0739 0.0000 0.0000 0.0745 Total 3.0000e0052.0000e0052.6000e0040.0000 1.0000e0040.0000 1.0000e0043.0000e0050.0000 3.0000e0050.0000 0.0739 0.0739 0.0000 0.0000 0.0745 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Archit. Coating 0.1596 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 1.7000e0041.1500e0031.8100e0030.0000 5.0000e0055.0000e0055.0000e0055.0000e0050.0000 0.2553 0.2553 1.0000e0050.0000 0.2557 Total 0.1597 1.1500e0031.8100e0030.0000 5.0000e0055.0000e0055.0000e0055.0000e0050.0000 0.2553 0.2553 1.0000e0050.0000 0.2557 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 16 of 29 Date: 11/11/2022 10:21 AM General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

5.C.8
Attachment: CALEEMOD Annual Report (GP & ZC 2024-01 Comanche & Varsity)

3.7 Architectural Coating - 2026
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 1.2000e0047.0000e0059.6000e0040.0000 3.8000e0040.0000 3.9000e0041.0000e0040.0000 1.0000e0040.0000 0.2889 0.2889 1.0000e0051.0000e0050.2913 Total 1.2000e0047.0000e0059.6000e0040.0000 3.8000e0040.0000 3.9000e0041.0000e0040.0000 1.0000e0040.0000 0.2889 0.2889 1.0000e0051.0000e0050.2913 Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Archit. Coating 0.6382 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 6.8000e0044.5800e0037.2400e0031.0000e0052.1000e0042.1000e0042.1000e0042.1000e0040.0000 1.0213 1.0213 6.0000e0050.0000 1.0227 Total 0.6389 4.5800e0037.2400e0031.0000e0052.1000e0042.1000e0042.1000e0042.1000e0040.0000 1.0213 1.0213 6.0000e0050.0000 1.0227 Mitigated Construction On-Site
CalEEMod Version: CalEEMod.2020.4.0 Page 18 of 29 Date: 11/11/2022 10:21 AM General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

5.C.8
Attachment: CALEEMOD Annual Report (GP & ZC 2024-01 Comanche & Varsity)

4.0 Operational Detail - Mobile

4.1 Mitigation Measures Mobile
Increase Density
CalEEMod Version: CalEEMod.2020.4.0 Page 19 of 29 Date: 11/11/2022 10:21 AM General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

5.C.8
Attachment: CALEEMOD Annual Report (GP & ZC 2024-01 Comanche & Varsity) ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Mitigated 0.2447 0.4032 2.1584 5.1100e0030.5344 4.5300e0030.5389 0.1430 4.2500e0030.1472 0.0000 489.2956 489.2956 0.0258 0.0274 498.1092 Unmitigated 0.2705 0.4800 2.5672 6.3800e0030.6733 5.6000e0030.6789 0.1802 5.2600e0030.1854 0.0000 611.5288 611.5288 0.0298 0.0329 622.0875

4.2 Trip Summary Information

4.3 Trip Type Information
Average Daily Trip Rate Unmitigated Mitigated
Land Use Weekday Saturday Sunday Annual VMT Annual VMT
Apartments Low Rise 622.20 691.90 533.80 1,795,280 1,424,886 Total 622.20 691.90 533.80 1,795,280 1,424,886
Miles Trip % Trip Purpose %
Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by Apartments Low Rise 10.80 7.30 7.50 45.60 19.00 35.40 86 11 3

4.4 Fleet Mix
Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH Apartments Low Rise 0.527584 0.052861 0.171901 0.146917 0.025722 0.006994 0.013595 0.026310 0.000640 0.000310 0.022677 0.001379 0.003111

5.0 Energy Detail
Historical Energy Use: N
CalEEMod Version: CalEEMod.2020.4.0 Page 20 of 29 Date: 11/11/2022 10:21 AM General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

0.0000 0.0000 0.0000 0.0000 0.0000 32.4191 32.4191 5.2400e0036.4000e00432.7397 Electricity
Unmitigated

0.0000 0.0000 0.0000 0.0000 0.0000 32.4191 32.4191 5.2400e0036.4000e00432.7397 NaturalGas
Mitigated

7.3900e0030.0631 0.0269 4.0000e0045.1000e0035.1000e0035.1000e0035.1000e0030.0000 73.1207 73.1207 1.4000e0031.3400e00373.5552 NaturalGas
Unmitigated

7.3900e0030.0631 0.0269 4.0000e0045.1000e0035.1000e0035.1000e0035.1000e0030.0000 73.1207 73.1207 1.4000e0031.3400e00373.5552

5.2 Energy by Land Use - NaturalGas
NaturalGa
s Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Land Use kBTU/yr tons/yr MT/yr
Apartments Low
Rise

1.37023e
+006

7.3900e0030.0631 0.0269 4.0000e0045.1000e0035.1000e0035.1000e0035.1000e0030.0000 73.1207 73.1207 1.4000e0031.3400e00373.5552 Total 7.3900e0030.0631 0.0269 4.0000e0045.1000e0035.1000e0035.1000e0035.1000e0030.0000 73.1207 73.1207 1.4000e0031.3400e00373.5552 Unmitigated

5.1 Mitigation Measures Energy
CalEEMod Version: CalEEMod.2020.4.0 Page 21 of 29 Date: 11/11/2022 10:21 AM General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

5.C.8
Attachment: CALEEMOD Annual Report (GP & ZC 2024-01 Comanche & Varsity)

1.37023e
+006

5.3 Energy by Land Use - Electricity
Electricity
Use
Total CO2 CH4 N2O CO2e
Land Use kWh/yr MT/yr
Apartments Low
Rise
350387 32.4191 5.2400e0036.4000e00432.7397
Total 32.4191 5.2400e0036.4000e00432.7397
Unmitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 22 of 29 Date: 11/11/2022 10:21 AM General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

5.C.8
Attachment: CALEEMOD Annual Report (GP & ZC 2024-01 Comanche & Varsity) Use Low VOC Paint - Residential Interior
Use Low VOC Paint - Residential Exterior
No Hearths Installed
Use Low VOC Cleaning Supplies

6.1 Mitigation Measures Area

6.0 Area Detail

5.3 Energy by Land Use - Electricity
Electricity
Use
Total CO2 CH4 N2O CO2e
Land Use kWh/yr MT/yr
Apartments Low
Rise
350387 32.4191 5.2400e0036.4000e00432.7397
Total 32.4191 5.2400e0036.4000e00432.7397
Mitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 23 of 29 Date: 11/11/2022 10:21 AM General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

5.C.8
Attachment: CALEEMOD Annual Report (GP & ZC 2024-01 Comanche & Varsity) ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Mitigated 0.4059 7.2600e0030.6305 3.0000e0053.5000e0033.5000e0033.5000e0033.5000e0030.0000 1.0310 1.0310 9.9000e0040.0000 1.0556 Unmitigated 0.4344 0.0391 0.6441 2.4000e0046.0700e0036.0700e0036.0700e0036.0700e0030.0000 37.8536 37.8536 1.6900e0036.8000e00438.0971

6.2 Area by SubCategory
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
SubCategory tons/yr MT/yr
Architectural
Coating

0.0798 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer
Products

0.3320 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hearth 3.7200e0030.0318 0.0135 2.0000e0042.5700e0032.5700e0032.5700e0032.5700e0030.0000 36.8226 36.8226 7.1000e0046.8000e00437.0415 Landscaping 0.0189 7.2600e0030.6305 3.0000e0053.5000e0033.5000e0033.5000e0033.5000e0030.0000 1.0310 1.0310 9.9000e0040.0000 1.0556 Total 0.4344 0.0391 0.6441 2.3000e0046.0700e0036.0700e0036.0700e0036.0700e0030.0000 37.8536 37.8536 1.7000e0036.8000e00438.0971 Unmitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 24 of 29 Date: 11/11/2022 10:21 AM General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

5.C.8
Attachment: CALEEMOD Annual Report (GP & ZC 2024-01 Comanche & Varsity)

7.1 Mitigation Measures Water

7.0 Water Detail

0.0798 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer
Products

0.3072 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Hearth 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 0.0189 7.2600e0030.6305 3.0000e0053.5000e0033.5000e0033.5000e0033.5000e0030.0000 1.0310 1.0310 9.9000e0040.0000 1.0556 Total 0.4059 7.2600e0030.6305 3.0000e0053.5000e0033.5000e0033.5000e0033.5000e0030.0000 1.0310 1.0310 9.9000e0040.0000 1.0556 Mitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 25 of 29 Date: 11/11/2022 10:21 AM General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

5.C.8
Attachment: CALEEMOD Annual Report (GP & ZC 2024-01 Comanche & Varsity) Total CO2 CH4 N2O CO2e
Category MT/yr
Mitigated 5.6602 0.1811 4.3400e00311.4801
Unmitigated 5.6602 0.1811 4.3400e00311.4801

7.2 Water by Land Use
Indoor/Out
door Use
Total CO2 CH4 N2O CO2e
Land Use Mgal MT/yr
Apartments Low
Rise

5.53809 /

3.49141

5.6602 0.1811 4.3400e00311.4801
Total 5.6602 0.1811 4.3400e00311.4801
Unmitigated
CalEEMod Version: CalEEMod.2020.4.0 Page 26 of 29 Date: 11/11/2022 10:21 AM General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

5.C.8
Attachment: CALEEMOD Annual Report (GP & ZC 2024-01 Comanche & Varsity)

7.2 Water by Land Use
Indoor/Out
door Use
Total CO2 CH4 N2O CO2e
Land Use Mgal MT/yr
Apartments Low
Rise

5.53809 /

3.49141

5.6602 0.1811 4.3400e00311.4801
Total 5.6602 0.1811 4.3400e00311.4801
Mitigated

8.1 Mitigation Measures Waste

8.0 Waste Detail
Total CO2 CH4 N2O CO2e
MT/yr
Mitigated 7.9370 0.4691 0.0000 19.6635
Unmitigated 7.9370 0.4691 0.0000 19.6635
Category/Year
CalEEMod Version: CalEEMod.2020.4.0 Page 27 of 29 Date: 11/11/2022 10:21 AM General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

5.C.8
Attachment: CALEEMOD Annual Report (GP & ZC 2024-01 Comanche & Varsity)

8.2 Waste by Land Use
Waste
Disposed
Total CO2 CH4 N2O CO2e
Land Use tons MT/yr
Apartments Low
Rise

39.1 7.9370 0.4691 0.0000 19.6635
Total 7.9370 0.4691 0.0000 19.6635
Unmitigated
Waste
Disposed
Total CO2 CH4 N2O CO2e
Land Use tons MT/yr
Apartments Low
Rise

39.1 7.9370 0.4691 0.0000 19.6635
Total 7.9370 0.4691 0.0000 19.6635
Mitigated

9.0 Operational Offroad
Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type CalEEMod Version: CalEEMod.2020.4.0 Page 28 of 29 Date: 11/11/2022 10:21 AM General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

5.C.8
Attachment: CALEEMOD Annual Report (GP & ZC 2024-01 Comanche & Varsity)

11.0 Vegetation

10.0 Stationary Equipment
Fire Pumps and Emergency Generators
Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers
Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment
Equipment Type Number
CalEEMod Version: CalEEMod.2020.4.0 Page 29 of 29 Date: 11/11/2022 10:21 AM General Plan Amendment and Rezone: Varsity Avenue and Comanche Drive - San Joaquin Valley Air Basin, Annual EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Applied

5.C.8
Attachment: CALEEMOD Annual Report (GP & ZC 2024-01 Comanche & Varsity)

NOTICE OF PUBLIC HEARING
AND

NOTICE OF INTENT TO PREPARE NEGATIVE DECLARATION
Notice is hereby given that the City Council of the City of Arvin, California, will conduct a public hearing, at which time you may be present and be heard to consider the following:
• General Plan Amendment 2024-01, Approving the change of land use designation from low density residential to high density residential.
• Zone Change 2024-01- Change from R-1 Single Family Dwelling to R-4 Multiple Family Residential
• Approving the Associated Mitigated Negative Declaration for the project.

Project Location: Southeast Corner of Varsity and Comanche, CA 93203, APN 190-020-38 • Description of the Project: The purpose of the public hearing is for the city council to consider a General Plan Amendment (GPA) No. 2024-01 and Rezone No. 2024-01 by the City of Arvin (Applicant/Property Owner) and pertain to one (1) parcel that is generally located on the southeast corner of Varsity Avenue and North Comanche Drive ("Project site") in Arvin, CA.

The site is identified by the Kern County Assessor as Assessor's Parcel Number (APN) 190- 020-38, totaling approximately 2.84 acres. GPA No. 2024- 01 requests a land use change from Low Density Residential to High Density Residential. Rezone No. 2024-01 requests a rezone from R-1 — Single Family Dwelling/PUD — Planned Unit Development to R-4 — Multiple-Family Zone District. No physical development is proposed by the Project. • Existing Site and Structures: Site is a vacant lot.

Applicant: City of Arvin
Project Address: No address assigned
Project Location: Located on the southeast corner of Comanche Drive and Varsity Ave
Assessor Parcel No. and Size: APN 190-151-03. approximately 2.84 Acres, Zoning: R-1- Single Family Dwelling Zone District and has a PUDPlanned Urban Development Zone District Overlay General Plan Designation: Low Density Residential
Arvin City Council Public Hearing Information
Date: April 23, 2024
Time: 6:00 PM
Place: City of Arvin Council Chambers
200 Campus Drive, Arvin, CA 93203

5.C.9
Attachment: PHN GPA and Rezone- Varisty and Comanche_Posted 040324 (GP & ZC 2024-01 Comanche & Varsity) Additional information on the proposed project and proposed environmental finding may be obtained from the City of Arvin, City Hall, 200 Campus Drive, Arvin, California 93203, or the City’s web site at www.arvin.org.

All persons interested in this topic who have questions, would like to provide feedback, or who have comments are invited to attend. If you challenge the approval or denial of these matters in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk, at or prior to, the public hearing. Address any communications or comments regarding the project to Cecilia Vela, City Clerk, at 200 Campus Drive, Arvin, CA 93203, (661) 854-3134, [email protected].
/s/
Cecilia Vela, City Clerk
Posted: April 03, 2024

5.C.9
Attachment: PHN GPA and Rezone- Varisty and Comanche_Posted 040324 (GP & ZC 2024-01 Comanche & Varsity)

Page 1 of 2 ends

Staff Report re Awarding Bid and Construction Agreement for K Park Improvements Project.

CITY OF ARVIN
Staff Report
Meeting Date: April 23, 2024
TO: Arvin City Council
FROM: John Krueger, Senior Construction Manager, QK
Jeff Jones, City Manager / Finance Director
SUBJECT: Consideration and Approval of A Resolution of the City Council of the City of Arvin to Approve A Public Works Agreement with Stockbridge General Contracting, Inc. for the Kovacevich Park Improvements Project.

RECOMMENDED ACTION:

It is respectfully recommended that the City Council accept the construction bid for the Kovacevich Park Improvements Project from the lowest bidder, Stockbridge General Contracting, Inc. (Stockbridge), for the Base Bid plus Alternate, and that the City Council award the contract to Stockbridge for $2,125,233.15, and that the Council approve a contingency of $212,523.32 (10%) for changes during construction to be administered by the City Manager. The Engineer’s Estimate for the base bid plus add alternate is $2,263,096.79.

BACKGROUND:

The City of Arvin Kovacevich Park Improvement Project is funded by the Prop 68 Grant Program State of California Parks & Water Bond 2018 and is subject to all applicable State Wage Determinations. The work consists of upgrades to existing baseball fields including new bleachers, fencing, site concrete, new parking lot, new playground with play equipment and surfacing, restroom renovation, site furnishings, basketball court refurbishment, lighting, landscape and irrigation improvements and other appurtenances.

The City opened bids on March 12, 2024 and received six bids for the project: Stockbridge General Contracting, Inc., Superior Construction, DOD Construction, S&B Sons Inc, Sierra Construction, and SW Construction. The bids included base bid plus add alternate for poured-inplace rubber surfacing on the playground.

DISCUSSION OF BIDS:

Base Bid, Plus Alternate**

1. Stockbridge $2,125,233.15

2. Superior Construction $2,173,223.82

3. DOD Construction $2,515,548.00

4. S&B Sons Inc $2,563,244.27

5. Sierra Construction $2,680,901.00

6. SW Construction $2,822,323.72

6.A.1
Attachment: Staff Report Awarding Bid and Construction Agmt for K Park Improvements Project_040924 finalv2 (PW Agreement with

Page 2 of 2 ends

Staff Report re Awarding Bid and Construction Agreement for K Park Improvements Project. **Bid Item #30 is an alternate to Bid Items 27, 28 & 29. If the Add Alternate is selected, then Bid Items 27-29 are replaced.

COORDINATION & REVIEW:

The amount of funds available in the bond for construction phase activities is 1,483,493.00.

The following list represents the funds needed for the completion of the project:

Construction Contract $2,125,233.15
Construction Engineering, Materials
Testing, Construction Staking
$136,450.00
Contingency 10%
Total Funds for Construction Phase
$212,523.32
$2,474,206.47
Staff have worked with the Public Works and Finance Departments to make sure that this project meets the needs of the City and the current and proposed budget.

ALTERNATIVES:

The City Council may choose to direct staff to cancel the project.

FISCAL IMPACT:

This project is being funded by is funded by Prop 68 State of California Parks & Water Bond 2018, and an allocation of America Rescue Plan Act funds which are budgeted for parks.

CONCLUSION:

1. That the City Council award the construction Contract to Stockbridge General Contracting, Inc. for $2,125,233.15.

2. That the City authorize a contingency of $212,523.32 for changes during construction to be administered by the City Manager.

3. That the Council approve a construction budget for the project of $2,474,206.47.

6.A.1
Attachment: Staff Report Awarding Bid and Construction Agmt for K Park Improvements Project_040924 finalv2 (PW Agreement with Reso to Approve Public Works Agmt with Stockbridge General Contracting, Inc. for the Kovacevich Park Improvements Project.

Page 1 of 2 ends

RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN TO

APPROVE A PUBLIC WORKS AGREEMENT WITH STOCKBRIDGE
GENERAL CONTRACTING, INC. FOR THE KOVACEVICH PARK
IMPROVEMENTS PROJECT.

WHEREAS, the City of Arvin received funds through the Prop 68 Grant Program, facilitated by the State of California Parks & Water Bond 2018, designated for enhancing existing baseball fields, installation of new bleachers, fencing, site concrete, a new parking lot, a playground complete with play equipment and surfacing, restroom renovation, site furnishings, refurbishment of the basketball court, lighting, landscape and irrigation improvements, and other related amenities; and
WHEREAS, the city contracted QK Inc. for the development of plans and specifications; and
WHEREAS, the city maintains its role as the principal agency overseeing this project and has engaged the services of QK Inc. to furnish construction management and administrative support; and
WHEREAS, the city issued the project for bid on February 02, 2024 with 6 bids received on March 12, 2024; and
WHEREAS, the low bid received from Stockbridge General Contracting, Inc. was determined to be complete and responsive; and
WHEREAS, city staff determined it to be appropriate to award a contract to Stockbridge General Contracting, Inc. in the amount of $2,125,233.15; and WHEREAS, the city will request reimbursement to the extent possible against the $1.956,575 available from the Prop 68 grant; and
WHEREAS, any additional required city match funds will come from allocated funding for parks budgeted from the American Rescue Plan Act; and

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF ARVIN AS FOLLOWS:

Section 1: The foregoing recitals are true and correct.

Section 2: Approves the public works agreement with Stockbridge General Contracting, Inc. for $2,125,233.15.

Section 3: Authorizes the City Manager to execute the agreement.

6.A.2
Attachment: Reso to Award bid and approve Agmt with Stockbridge_K Park Improvements Project_042324v2 (PW Agreement with Stockbridge Reso to Approve Public Works Agmt with Stockbridge General Contracting, Inc. for the Kovacevich Park Improvements Project.

Page 2 of 2 ends

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 23rd day of April 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

DANIEL BORRELI, 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.

6.A.2
Attachment: Reso to Award bid and approve Agmt with Stockbridge_K Park Improvements Project_042324v2 (PW Agreement with Stockbridge 230050 Kovacevich Park Improvements
Item Approx Qty Unit Description Unit Price Total $ Unit Price Total $ Unit Price Total $ Unit Price Total $ Unit Price Total $ Unit Price Total $ Unit Price Total $ 1 1 LS
Mobilization, Bonds, Insurance,
Permits,Licenses and Fees,
Demobilization
$132,000.00 $132,000.00 $44,702.71 $44,702.71 $100,000.00 $100,000.00 $98,400.00 $98,400.00 $136,000.00 $136,000.00 $102,000.00 $102,000.00 $105,104.61 $105,104.61 2 1 LS Clearing, Grubbing and Demolition $92,600.00 $92,600.00 $81,516.45 $81,516.45 $100,000.00 $100,000.00 $38,130.00 $38,130.00 $94,950.00 $94,950.00 $74,265.00 $74,265.00 $24,371.00 $24,371.00 3 35,920 SF Subgrade Preparation $1.70 $61,064.00 $2.43 $87,209.81 $5.00 $179,600.00 $1.32 $47,414.40 $1.25 $44,900.00 $3.24 $116,380.80 $1.10 $39,512.00 4 1,009 LF City Standard Curb and Gutter $38.00 $38,342.00 $38.71 $39,054.00 $36.00 $36,324.00 $87.77 $88,559.93 $35.00 $35,315.00 $74.12 $74,787.08 $40.00 $40,360.00 5 2,137 LF Mow Curb $18.00 $38,466.00 $18.77 $40,103.75 $28.00 $59,836.00 $22.16 $47,355.92 $28.00 $59,836.00 $32.12 $68,640.44 $23.00 $49,151.00 6 12,461 SF City Standard Sidewalk and Onsite
Walk $7.15 $89,096.15 $7.33 $91,346.86 $8.00 $99,688.00 $12.14 $151,276.54 $10.00 $124,610.00 $17.40 $216,821.40 $9.00 $112,149.00 7 2 EA ADA Ramps & Landings $2,600.00 $5,200.00 $2,709.40 $5,418.79 $3,500.00 $7,000.00 $9,840.00 $19,680.00 $6,000.00 $12,000.00 $3,984.00 $7,968.00 $4,000.00 $8,000.00 8 674 TON Asphalt Pavement $140.00 $94,360.00 $143.09 $96,445.11 $250.00 $168,500.00 $193.44 $130,378.56 $150.00 $101,100.00 $267.00 $179,958.00 $125.00 $84,250.00 9 666 CY Class II Aggregate Base $105.00 $69,930.00 $107.91 $71,865.84 $100.00 $66,600.00 $107.12 $71,341.92 $70.00 $46,620.00 $85.00 $56,610.00 $40.00 $26,640.00 10 1 LS Signing, Striping, and Markings $5,000.00 $5,000.00 $5,213.53 $5,213.53 $15,000.00 $15,000.00 $6,150.00 $6,150.00 $13,020.00 $13,020.00 $22,975.00 $22,975.00 $17,600.00 $17,600.00 11 1 LS Curb Cut, Drain Pipe, and Gravel Sump $1,700.00 $1,700.00 $10,571.34 $10,571.34 $5,000.00 $5,000.00 $46,740.00 $46,740.00 $10,760.00 $10,760.00 $31,325.00 $31,325.00 $5,000.00 $5,000.00 12 1 LS Water Distribution System $106,500.00 $106,500.00 $193,855.51 $193,855.51 $100,000.00 $100,000.00 $34,440.00 $34,440.00 $137,480.00 $137,480.00 $19,632.00 $19,632.00 $123,602.00 $123,602.00 13 1 LS Irrigation Renovation $74,000.00 $74,000.00 $90,125.53 $90,125.53 $85,000.00 $85,000.00 $94,710.00 $94,710.00 $89,280.00 $89,280.00 $45,414.00 $45,414.00 $136,700.50 $136,700.50 14 1 LS Electrical Conduit, Wire, and Lighting $471,000.00 $471,000.00 $458,603.35 $458,603.35 $250,000.00 $250,000.00 $495,690.00 $495,690.00 $552,000.00 $552,000.00 $455,025.00 $455,025.00 $564,700.00 $564,700.00 15 1 LS Site Furniture $41,600.00 $41,600.00 $211,465.98 $211,465.98 $50,000.00 $50,000.00 $28,290.00 $28,290.00 $181,980.00 $181,980.00 $223,176.00 $223,176.00 $32,923.39 $32,923.39 16 1 LS Play Area Renovation $131,500.00 $131,500.00 $153,506.53 $153,506.53 $290,000.00 $290,000.00 $135,300.00 $135,300.00 $204,550.00 $204,550.00 $215,849.00 $215,849.00 $218,704.99 $218,704.99 17 1 LS Basketball Court Renovation $61,000.00 $61,000.00 $59,022.60 $59,022.60 $150,000.00 $150,000.00 $60,147.00 $60,147.00 $55,570.00 $55,570.00 $61,483.00 $61,483.00 $28,498.50 $28,498.50 18 1 LS Baseball Field Renovation $270,600.00 $270,600.00 $196,785.06 $196,785.06 $300,000.00 $300,000.00 $51,660.00 $51,660.00 $328,650.00 $328,650.00 $142,392.00 $142,392.00 $298,638.35 $298,638.35 19 1 LS Bleacher Foundation and Shade
Structure Footings $32,500.00 $32,500.00 $55,126.23 $55,126.23 $20,000.00 $20,000.00 $585,480.00 $585,480.00 $52,390.00 $52,390.00 $35,000.00 $35,000.00 $16,743.50 $16,743.50 20 1 LS Restroom Renovation $27,800.00 $27,800.00 $57,995.14 $57,995.14 $40,000.00 $40,000.00 $24,600.00 $24,600.00 $82,390.00 $82,390.00 $134,329.00 $134,329.00 $20,000.00 $20,000.00 21 1 LS Turf Renovation $14,100.00 $14,100.00 $9,875.81 $9,875.81 $15,000.00 $15,000.00 $11,070.00 $11,070.00 $9,780.00 $9,780.00 $38,126.00 $38,126.00 $100,539.00 $100,539.00 22 1 LS Soil Preparation $16,400.00 $16,400.00 $18,871.94 $18,871.94 $25,000.00 $25,000.00 $20,910.00 $20,910.00 $18,700.00 $18,700.00 $17,865.00 $17,865.00 $2,313.95 $2,313.95 23 1 LS Planting $9,800.00 $9,800.00 $11,365.39 $11,365.39 $10,000.00 $10,000.00 $12,300.00 $12,300.00 $11,260.00 $11,260.00 $13,935.00 $13,935.00 $8,200.00 $8,200.00 24 1 LS Mulch $3,500.00 $3,500.00 $4,058.23 $4,058.23 $5,000.00 $5,000.00 $4,920.00 $4,920.00 $4,020.00 $4,020.00 $13,975.00 $13,975.00 $1,215.00 $1,215.00 25 1 LS SWPPP Services $24,200.00 $24,200.00 $12,256.79 $12,256.79 $25,000.00 $25,000.00 $6,150.00 $6,150.00 $23,470.00 $23,470.00 $21,325.00 $21,325.00 $5,000.00 $5,000.00 26 1 LS Dust Control Plan $1,025.00 $1,025.00 $2,873.60 $2,873.60 $50,000.00 $50,000.00 $7,380.00 $7,380.00 $4,070.00 $4,070.00 $17,525.00 $17,525.00 $2,500.00 $2,500.00 27* 1 LS Playground Rubber Mulch $29,700.00 $29,700.00 $11,617.62 $11,617.62 $15,000.00 $15,000.00 $12,300.00 $12,300.00 $29,930.00 $29,930.00 $91,069.00 $91,069.00 $33,880.00 $33,880.00 28* 1 LS PIP Playground Surfacing $161,000.00 $161,000.00 $162,846.88 $162,846.88 $165,650.00 $165,650.00 $184,500.00 $184,500.00 $166,880.00 $166,880.00 $254,858.00 $254,858.00 $103,600.00 $103,600.00 29* 1 LS Dry Well Drain Box and PVC Pipe $1,850.00 $1,850.00 $16,299.77 $16,299.77 $20,000.00 $20,000.00 $22,140.00 $22,140.00 $6,010.00 $6,010.00 $31,873.00 $31,873.00 $4,800.00 $4,800.00 $2,105,833.15 $2,300,000.15 $2,453,198.00 $2,537,414.27 $2,637,521.00 $2,784,581.72 $2,214,696.79 30 1 LS Full PIP Rubber Surface $180,400.00 $180,400.00 $36,070.55 $36,070.55 $228,000.00 $228,000.00 $210,330.00 $210,330.00 $210,260.00 $210,260.00 $292,600.00 $292,600.00 $152,000.00 $152,000.00 $2,125,233.15 $2,173,223.82 $2,515,548.00 $2,563,244.27 $2,680,901.00 $2,822,323.72 $2,263,096.79 *Bid Item #30 is an alternate to Bid Items 27, 28 & 29. If the Add Alternate is selected, then Bid Items 27-29 are replaced.

Add Alternate

TOTAL BASE BID
TOTAL BASE BID PLUS ADD ALTERNATE (*)
Engineer's Estimate
Stockbridge General
Contracting
2972 Larkin Ave
Clovis, CA 93612
PROFFITT dba Superior
4241 E. Brundage Lane
Bakersfield, CA 93307
DOD Construction
PO Box 70187
Bakersfield, CA 93387
S&B Sons Inc.
6807 Cherry Ave
Bakersfield, CA 93314
Sierra Construction
PO Box 21297
Bakersfield, CA 93390
SW Construction
4301 Grisson St, STE D
Bakersfield, CA 93313
\\EgnyteDrive\Projects\Projects\2023\230050\CONSTRUCTION MGMT\Bid Period Services\Bid Opening\Bid Proposal Summary 230050 revsd 2024-04-17

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AGREEMENT NO. __________

AGREEMENT FOR PUBLIC WORKS SERVICES

BETWEEN THE CITY OF ARVIN AND
STOCKBRIDGE GENERAL CONTRACTING, INC.

THIS AGREEMENT FOR PUBLIC WORKS SERVICES (herein “Agreement”) is made and entered into this day of , 2024
(“Effective Date”) by and between the City of Arvin, a California municipal corporation (“City”) and Stockbridge General Contracting Inc (“Contractor”). City and Contractor are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”

RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the performance of the services defined and described particularly in Article 1 of this Agreement.

B. Contractor, following submission of a proposal or bid for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by the City to perform those services.

C. Pursuant to the City of Arvin Municipal Code, City has authority to enter into and execute this Agreement.

D. The Parties desire to formalize the selection of Contractor for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1. WORK OFCONTRACTOR

1.1 Scope of Work.

In compliance with all terms and conditions of this Agreement, the Contractor shall provide those services specified in the “Scope of Work” attached hereto as Exhibit “A” and incorporated herein by this reference, which may be referred to herein as the “services” or “work” hereunder. As a material inducement to the City entering into this Agreement, Contractor represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the work required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein.

Contractor shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Contractor covenants that it shall follow the highest

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professional standards in performing the work and services required hereunder and that all materials will be both of good quality as well as fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.

1.2 Bid Documents.

The Scope of Work shall include the Engineered Drawings, “Special Provisions”, and “Technical Provisions” in the bid documents for the project entitled KOVACEVICH PARK IMPROVEMENTS PROJECT including any documents or exhibits referenced therein. The Engineered Drawings, “Special Provisions”, and “Technical Provisions” and STOCKBRIDGE GENERAL CONTRACTING, INC’S BID shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the terms of such documents and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Law.

Contractor shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered.

1.4 Compliance with California Labor Law.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor.

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(d) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records. (e) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects.

Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program.

Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight (8) hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of 8 hours per day at not less than one and one-half (1½) times the basic rate of pay.
(h) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employeesif it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
Contractor’s Authorized Initials

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(i) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code, and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay the subcontractor’s workers the specified prevailing rate of wages. Consultant shalldiligently take corrective action to halt or rectify any such failure by any subcontractor.

1.5 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Contractor’s performance of the services required by this Agreement, and shall indemnify, defend and hold harmless City, its officials, officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.

1.6 Familiarity with Work.
(a) By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the scope of work to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.
(b) Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown or latent conditions, materially different from those indicated; or (iii) unknown physical conditions at the site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, and will materially affect the performance of the services hereunder.
(c) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor's cost of, or the time required for, performance of any part of the work, shall issue a change order per Section 1.10 of this Agreement.

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(d) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under the Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the contracting parties.

1.7 Protection and Care of Work and Materials.

The Contractor shall adopt reasonable methods, including providing and maintaining storage facilities, during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the work by City, except such losses or damages as caused by City’s own negligence. Stored materials shall be reasonably accessible for inspection. Contractor shall not, without City’s consent, assign, sell, mortgage, hypothecate, or remove equipment or materials which have been installed or delivered and which may be necessary for the completion of the work.

1.8 Warranty.

Contractor warrants all work under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any nonconforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act as soon as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of other contractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected work.

Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the

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City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense.

Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.9 Further Responsibilities of Parties.

Both parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonably necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible for the service of the other.

1.10 Additional Work and Change Orders.
(a) City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that specified in the Scope of Work or make changes by altering, adding to or deducting from said work. No such extra work may be undertaken unless a written change order is first given by the Contract Officer to the Contractor, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of the Contractor (“Change Order”). All Change Orders must be signed by the Contractor and Contract Officer prior to commencing the extra work thereunder.
(b) Any increase in compensation of up to ten percent (10%) of the Contract Sum or $25,000, whichever is less; or any increase in the time to perform of up to one hundred eighty (180) days; and does not materially affect the Work and which are not detrimental to the Work or to the interest of the City, may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by the City Council. (c) Any adjustment in the Contract Sum for a Change Order must be in accordance with the rates set forth in the Schedule of Compensation in Exhibit “C”. If the ratesin the Schedule of Compensation do not cover the type of work in the Change Order, the cost of such work shall not exceed an amount agreed upon in writing and signed by Contractor and Contract Officer. If the cost of the Change Order cannot be agreed upon, the City will pay for actual work of the Change Order completed, to the satisfaction of the City, as follows:
(i) Labor: the cost of labor shall be the actual cost for wages of workers and subcontractors performing the work for the Change Order at the time such work is done. The use of labor classifications that would increase the cost of such work shall not be permitted.
(ii) Materials and Equipment: the cost of materials and equipment shall be at cost to Contractor or lowest current price which such materials and equipment are reasonably available at the time the work is done, whichever is lower. (iii) If the cost of the extra work cannot be agreed upon, the Contractor must provide a daily report that includes invoices for labor, materials and equipment

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costsfor the work under the Change Order. The daily report must include: list of names of workers, classifications, and hours worked; description and list of quantities of materials used; type of equipment, size, identification number, and hours of operation, including loading and transportation, if applicable; description of other City authorized services and expenditures in such detail as the City may require. Failure to submit a daily report by the close of the next working day may, at the City’s sole and absolute discretion, waive the Contractor’s rights for that day. (d) It is expressly understood by Contractor that the provisions of this Section 1.10 shall not apply to services specifically set forth in the Scope of Work. Contractor hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Work may be more costly or time consuming than Contractor anticipates and that Contractor shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors. (e) No claim for an increase in the Contract Sum or time for performance shall be valid unless the procedures established in this Section are followed.

1.11 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and Exhibit “F” incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B”, Exhibit “F” and any other provisions of this Agreement, the provisions of Exhibit “B” and Exhibit “F” shall govern.

1.12 Trenching and Excavation.

In accordance with Public Contract Code Section 7104, whenever the digging of trenches or other excavations extend deeper than four feet below the surface, the Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any: 1) Material that the Contractor believed may be material that is hazardous waste, as defined in Health and Safety Code Section 25117, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law: 2) Subsurface or latent physical conditions at the site differing from those indicated; or 3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work, the City shall issue a change order under the procedures described in the Contract. In the unlikely event that a dispute arises between the City and the Contractor regarding whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties. Where applicable, Contractor shall comply with the trench or excavation permit requirement found in

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Labor Code Section 6500 and the excavation safety requirements found in Labor Code Section 6705.

ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts specified in the “Schedule of Compensation” attached hereto as Exhibit “C” and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed TWO MILLION ONE HUNDRED TWENTY-FIVE THOUSAND TWO HUNDRED THIRTY-THREE AND FIFTEEN CENTS ($2,125,233.15) (the “Contract Sum”), unless additional compensation is approved pursuant to Section 1.10.

2.2 Method of Compensation.

The method of compensation may include: (i) a lump sum payment upon completion, (ii) payment in accordance with specified tasks or the percentage of completion of the services less the contract retention;, (iii) payment for time and materials based upon the Contractor’s rates as specified in the Schedule of Compensation, provided that (a) time estimates are provided for the performance of sub tasks, (b) contract retention is maintained and (c) the Contract Sum is not exceeded; or (iv) such other methods as may be specified in the Schedule of Compensation.

2.3 Reimbursable Expenses.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City.

Coordination of the performance of the work with City is a critical component of the services. If Contractor isrequired to attend additional meetingsto facilitate such coordination, Contractorshall not be entitled to any additional compensation for attending said meetings.

2.4 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be detailed by such categories. Contractor shall not invoice City for any duplicate services performed by more than one person.

City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses

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incurred by Contractor which are disputed by City, or as provided in Section 7.3, City will cause Contractor to be paid, subject to the Schedule of Compensation (Exhibit “C”), within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law. Notwithstanding, if the work is being funded by grant or other funding administered by a third party outside the control of the City,such as the County of Kern, Contractor acknowledges and agrees this may increase processing time for payment, and no payment of interest shall accrue if the City has used reasonable efforts to cause the Contractor to be paid within thirty (30) days.

2.5 Waiver.

Payment to Contractor for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Contractor.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Time of Essence.

Time is of the essence in the performance of this Agreement.

3.2 Schedule of Performance.

Contractor shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “D” and incorporated herein by this reference. When requested by the Contractor, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding one hundred eighty (180) days cumulatively.

3.3 Force Majeure.

The time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractorshall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and

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extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of the Agreement pursuant to this Section.

3.4 Inspection and Final Acceptance.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. City shall reject or finally accept Contractor’s work within forty-five (45) days after submitted to City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.

3.5 Term.

Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not exceeding one (1) years from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit “D”).

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)
(Name) (Title)
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement.

Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder.

All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive

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direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Contractor without the express written approval of City. Additionally, Contractor shall make every reasonable effort to maintain the stability and continuity of Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Contractor shall notify City of any changes in Contractor’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any such performance.

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Contractor, nor any of Contractor’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Contract Officer.

The Contract Officershall be the City Manager orsuch person as may be designated by the City Manager. It shall be the Contractor’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer.

The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Contractor’s employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. Contractor shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

The experience, knowledge, capability and reputation of Contractor, its principals and employees were a substantial inducement for the City to enter into this Agreement. Therefore,

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Contractor shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. All subcontractors shall obtain, at its or Contractor’s expense, such licenses, permits, registrations and approvals (including from the City) as may be required by law for the performance of any services or work under this Agreement. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfersrestricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Contractor or any surety of Contractor of any liability hereunder without the express consent of City.

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City:
(a) Commercial General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit. (b) Workers Compensation Insurance. A policy of workers compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for the Contractor against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1,000,000.00. Said policy shall include coverage for owned, non-owned, leased, hired cars and any automobile.
(d) Professional Liability. Professional liability insurance appropriate to the Contractor’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of or related to services performed under this Agreement. The insurance must be maintained for at least 5

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consecutive years following the completion of Contractor’s services or the termination of this Agreement. During this additional 5-year period, Contractor shall annually and upon request of the City submit written evidence of this continuous coverage. (e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit “B”.
(f) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. For Commercial General Liability (CGL) coverage, subcontractors shall providecoverage with a format at least as broad as CG 20 38 04 13.

5.2 General Insurance Requirements.

All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Contractor’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officials, officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention.

All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any party hereto without providing at least ten (10) days prior written notice to City, or at least ten (10) days prior written notice to City in the case of cancellation for nonpayment. In the event any of said policies of insurance are cancelled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer.

No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City.

All certificates shall name the City as additional insured (providing the appropriate endorsement) and shall conform to the following “cancellation” notice:
“CANCELLATION:

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF, AT LEAST TEN (10) DAYS

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ADVANCED WRITTEN NOTICE OF CANCELLATION SHALL BE

DELIVERED TO CITY AT (EXCEPT CANCELLATION DUE TO
NONPAYMENT SHALL REQUIRE TEN (10) DAYS ADVANCED WRITTEN NOTICE).”
Contractor’s Authorized Initials
City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Contractor performs; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or any automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers.

Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Contractor agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor’s activities or the activities of any person or persons for which the Contractor is otherwise responsible nor shall it limit the Contractor’s indemnification liabilities as provided in Section 5.3.

In the event the Contractor subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.

In the event of a conflict, the terms of Section 5.1 and 5.2 shall have precedence and prevail over any form of Certificate of Insurance, or any Insurance Endorsement, included in the Contract Documents.

5.3 Indemnification.

To the full extent permitted by law, Contractor agrees to indemnify, defend and hold harmless the City, its officers, employees, volunteers and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Contractor, its officers, employees, agents, subcontractors, or invitees, or any individual

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or entity for which Contractor is legally liable (“indemnitors”), or arising from Contractor’s or indemnitors’ reckless or willful misconduct, or arising from Contractor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, and in connection therewith:
(a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Contractor will promptly pay any judgment rendered against the Indemnified Parties for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the Indemnified Parties harmless therefrom; (c) In the event any Indemnified Party is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the Indemnified Party any and all costs and expenses incurred by the Indemnified Party in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.

In addition, Contractor agrees to indemnify, defend and hold harmless the Indemnified Parties from any and all claims and liabilities for any infringement of patent rights, copyrights or trademark on any person or persons in consequence of the use by the Indemnified Parties of articles to be supplied by Contractor under this Agreement, and of which the Contractor is not the patentee or assignee or has not the lawful right to sell the same.

Contractor shall incorporate similar indemnity agreements with its subcontractors and if it fails to do so Contractor shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Contractor in the performance of professional services and work hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that design professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Contractor and shall survive termination of this Agreement.

5.4 Notification of Third-Party Claims.

City shall timely notify Contractor of the receipt of any third-party claim relating to the work under this Agreement. City shall be entitled to recover from Contractor its reasonable costs incurred in providing such notification.

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5.5 Performance and Labor Bonds.

Concurrently with execution of this Agreement Contractor shall deliver to the City, the following:
(a) A performance bond in the amount of the Contract Sum of this Agreement, in the form provided in the bid packet, which secures the faithful performance of this Agreement.
(b) A labor and materials bond in the amount of the Contract Sum of this Agreement, in the form provided in the bid packet, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement.

Both the performance and labors bonds required under this Section 5.5 shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his power of attorney. The bond shall be unconditional and remain in force during the entire term of the Agreement and shall be null and void only if the Contractor promptly and faithfully performs all terms and conditions of this Agreement, pays all labor and materials for work and services under this Agreement, and meets the requirements of Section 5.8.

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City Manager or Finance Director of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required by Section 5.5 may be changed accordingly upon receipt of written notice from the Risk Manager.

5.7 Substitution of Securities.

Pursuant to Public Contract Code Section 22300, substitution of eligible equivalent securities for any funds withheld to ensure performance under this Agreement may be permitted at the request and sole expense of the Contractor unless otherwise required by Section 22300.

Alternatively, the Contractor may, pursuant to an escrow agreement in a form prescribed by Public Contract Code Section 22300, request payment of retentions funds earned directly to the escrow agent at the sole expense of the Contractor unless otherwise required by Section 22300. The escrow agreement forsecurity deposits in lieu of retention shall be substantially similar to the form provided in Public Contract Code Section 22300(f), which is incorporated herein by this reference.

5.8 Release of Securities.

City shall release the Performance and Labor Bonds when the following have occurred:

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(a) Contractor has made a written request for release and provided evidence of satisfaction of all other requirements under Article 5 of this Agreement; (b) the work has been accepted; and
(c) after passage of the time within which lien claims are required to be made pursuant to applicable laws; if lien claims have been timely filed, City shall hold the Labor Bond until such claims have been resolved, Contractor has provided statutory bond, or otherwise as required by applicable law.

ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest. Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Contractor is providing design services, the estimated increased or decreased cost estimate for the project being designed.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and

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materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Anyuse, reuse or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse or assignment. Contractor may retain copies of such documents for its own use.

Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

6.4 Confidentiality and Release of Information.
(a) Information gained or work product produced by Contractor in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
(b) Contractor, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered "voluntary" provided Contractor gives City notice of such court order or subpoena. (c) If Contractor, or any officer, employee, agent or subcontractor of Contractor, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Contractor for any damages, costs and fees, including attorneys fees, caused by or incurred as a result of Contractor’s conduct. (d) Contractor shall promptly notify City should Contractor, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.

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ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Bakersfield, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern District of California, in the County of Fresno, State of California.

7.2 Disputes and Claims.
(a) Default; Cure. In the event that Contractor is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Contractor for any work performed after the date of default. Instead, the City may give notice to Contractor of the default and the reasons for the default. The notice shall include the timeframe in which Contractor may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. During the period of time that Contractor is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Contractor does not cure the default, the City may take necessary steps to terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Contractor’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
(b) Public Contract Code Sec. 9204 Claims Procedure (AB 626). AB 626, approved by the Governor on September 29, 2016, created a new Public Contract Code Section 9204, which specifies new procedural requirements for the filing of claims by a contractor, or by a contractor on behalf of a subcontractor, on any public works project effective January 1, 2021. The parties shall comply with the provisions of Public Resources Code Section 9204, which are fully set forth in Exhibit “E.”
(c) Dispute Resolution. This Agreement is subject to the provisions of Article 1.5 (commencing at Section 20104) of Division 2, Part 3 of the California Public Contract Code regarding the resolution of public works claims of less than $375,000. Article 1.5 mandates certain procedures for the filing of claims and supporting documentation by the Contractor, for the response to such claims by the City, for a mandatory meet and confer conference upon the request of the Contractor, for mandatory non-binding mediation in the event litigation is commenced, and for mandatory judicial arbitration upon the failure to resolve the dispute through mediation. This Agreement hereby incorporates the provisions of Article 1.5 as though fully set forth herein.

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7.3 Retention of Funds.

Contractor hereby authorizes City to deduct from any amount payable to Contractor (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Contractor’s acts or omissions in performing or failing to perform Contractor’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Contractor, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Contractor to insure, indemnify, and protect City as elsewhere provided herein.

7.4 Waiver.

Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver.

Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.

7.6 Legal Action.

In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Contractor shall file a claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.

7.7 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum

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of one thousand dollars ($1000.00) as liquidated damages for each working day of delay in the performance of any service required hereunder, as specified in the Schedule of Performance (Exhibit “D”). The City may withhold from any monies payable on account of services performed by the Contractor any accrued liquidated damages.

7.8 Termination Prior to Expiration of Term.

This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. The City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Contractor reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice may be such shorter time as the Contractor may determine. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Contractor has initiated termination, the Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Contractor has initiated termination, the Contractor shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating party need not provide the non-terminating party with the opportunity to cure pursuant to Section 7.2.

7.9 Termination for Default of Contractor.

If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the City as previously stated.

7.10 Attorneys’ Fees.

If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees. Attorney’s fees shall include attorney’s fees on any appeal, and in addition a party entitled to attorney’s fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.

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7.11 Unfair Business Practices Claims.

In entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City renders final payment to the Contractor without further acknowledgment of the Parties.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION

8.1 Non-liability of City Officers and Employees.

No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement.

8.2 Conflict of Interest.

Contractor covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenantsthat in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Officer. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

8.3 Covenant Against Discrimination.

Contractor covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performanceof this Agreement. Contractor shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class.

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8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Additionally, Contractor acknowledges that Contractor, and all subcontractors hired by Contractor to perform services under this Agreement, are aware of and understand the Immigration Reform and Control Act (“IRCA”). Contractor is and shall remain in compliance with the IRCA and shall ensure that any subcontractors hired by Contractor to perform services under this Agreement are in compliance with the IRCA. Further, should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement in violation of the law, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

9.1 Notices.

Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to theCity Manager and to the attention of the Contract Officer (with her/his name and City title), City of Arvin, 200 Campus Drive, Arvin, California 93203 and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section. All correspondence relating to this Agreement shall be serialized consecutively.

9.2 Interpretation.

The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

9.3 Counterparts.

This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

9.4 Integration; Amendment.

This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the

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Contractor and by the City Council. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.5 Severability.

In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

9.6 Warranty & Representation of Non-Collusion.

No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Contractor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement.

Contractorfurther warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Contractor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.

Contractor’s Authorized Initials

9.7 Authority to Act on Behalf of Entity.

The person(s) executing this Agreement on behalf of any entity that is a Party hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
[SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF ARVIN, a municipal corporation
, Mayor
ATTEST:

Cecilia Vela, City Clerk

APPROVED AS TO FORM

HODGES LAW GROUP
Nathan Hodges, City Attorney
CONTRACTOR:
*By:

Name:

Title:
*By:

Name:

Title:

Address:
*CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE

EVIDENCE OF AUTHORITY TO EXECUTE DOCUMENTS FOR ANY ENTITY CONTRACTOR MUST BE PROVIDED.

6.A.4
Attachment: 230050 Kovacvich Park Improvements Bid Contract final (PW Agreement with Stockbridge General Contracting for K. Park

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF
On ________, 2024 before me, _________________________________________________, personally appeared _______________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)

PARTNER(S) LIMITED

GENERAL NUMBER OF PAGES

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR DATE OF DOCUMENT
OTHER
SIGNER IS REPRESENTING:

SIGNER(S) OTHER THAN NAMED ABOVE
(NAME OF PERSON(S) OR ENTITY(IES))
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.

6.A.4
Attachment: 230050 Kovacvich Park Improvements Bid Contract final (PW Agreement with Stockbridge General Contracting for K. Park

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature:

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)

PARTNER(S) LIMITED

GENERAL NUMBER OF PAGES

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR DATE OF DOCUMENT
OTHER
SIGNER IS REPRESENTING:

6.A.4
Attachment: 230050 Kovacvich Park Improvements Bid Contract final (PW Agreement with Stockbridge General Contracting for K. Park A28
EXHIBIT “A”

SCOPE OF WORK
I. Contractor shall perform all of the work and comply with all of the specifications and requirements in the “Special Provisions” and “Technical Provisions” included in the bid documents for the project entitled KOVACEVICH PARK IMPROVEMENTS PROJECT including any documents or exhibits referenced therein.

II. Project Description:

The work to be performed under this Contract consists of furnishing all labor, materials, tools and equipment and constructing complete and in place improvements for the City of Arvin KOVACEVICH PARK IMPROVEMENTS PROJECT as shown in the Contract drawings and as specified herein.

The work shall consist of the reconstruction of existing asphalt concrete roadway using full depth reclamation and hot mix asphalt concrete. Improvements also include construction of raised medians, landscape and irrigation, construction of accessible curb ramps, replacement of severely damaged curb and gutter and valley gutters, and signage and striping improvements including solar powered rectangular rapid flashing beacons.

The work to be done consists of the furnishing by the Contractor of all labor, materials equipment and other facilities necessary in the performance of the work. The Contractor shall perform any work which is not detailed in the Plans and Specifications but which is obviously required to make the project complete and operable. Questions regarding the intent of the Plans and Specifications shall be referred to the City whose decisions thereon shall be final.

Some information pertaining to subsurface and other conditions, which may affect the cost of performing the work, may be shown in the Plans and Specifications. While it is believed that any such information is reasonably correct, the City does not warrant either the completeness or accuracy of such information. It is the responsibility of the Contractor to ascertain the existence of all subsurface and other conditions affecting his cost of doing the work as may be disclosed by a reasonable examination of the site.

III. Contractor’s work shall also conform to all of the standards and specifications in the following documents, incorporated herein by this reference:

A. Special Provisions and Technical Provisions can be found in the Notice Inviting Sealed Proposals (Bids), Special Provisions, Bid Proposal and Contract documents for the KOVACEVICH PARK IMPROVEMENTS PROJECT

6.A.4
Attachment: 230050 Kovacvich Park Improvements Bid Contract final (PW Agreement with Stockbridge General Contracting for K. Park A29
IV. The location(s) of the work, its general nature and extent, and the form and general dimensions of the Project and appurtenant work are shown on the Construction Drawings entitled KOVACEVICH PARK IMPROVEMENTS PROJECT and are hereby made a part of this Agreement as listed herein:

List of Construction Drawings

1. COVER SHEET

2. GENERAL NOTES AND LEGEND

3. TOPOGRAPHIC SURVEY

4. TOPOGRAPHIC SURVEY

5. RELOCATION AND DEMO PLAN

6. RELOCATION AND DEMO PLAN

7. GRADING PLAN

8. GRADING PLAN

9. UTILLITY PLAN

10. DETAILS

11. DETAILS

12. LANDSCAPE CONSTRUCTION PLAN

13. LANDSCAPE CONSTRUCTION PLAN

14. TOT LOT EQUIPMENT

15. TOT LOT LAYOUT

16. TOT LOT PIP

17. PLANTING PLAN

18. PLANTING PLAN

19. IRRIGATION PLAN

20. IRRIGATION PLAN

21. IRR HYDROZONE

22. IRR HYDROZONE

23. MWELLO NOTES

24. CONSTRUCTION DETAIL 1

25. CONSTRUCTION DETAIL 2

26. CONSTRUCTION DETAIL 3

27. CONSTRUCTION DETAIL 4

28. CONSTRUCTION DETAIL 5

29. PLANTING DETAIL 6

30. IRRIGATION DETAIL 7

31. IRRIGATION DETAIL 8

6.A.4
Attachment: 230050 Kovacvich Park Improvements Bid Contract final (PW Agreement with Stockbridge General Contracting for K. Park A30
V. Contractors shall have on file a minimum of one (1) set of Construction Drawings upon which Contractor shall record all variations between the work as built and as originally shown in the Construction Drawings or as otherwise required under this Agreement (“Record Drawings”). Record Drawings must be kept at the work site and be accessible at all times during the construction periods and shall be delivered to the City Engineer within thirty (30) days after completion of the work.

VI. Contractor shall update the schedule on a monthly basis, showing progress on each activity or task. After each monthly update, the Contractor shall submit to the City one (1) print of the last accepted Construction Schedule, marked up in red in accordance with the monthly review.

VII. All work is subject to review and acceptance by the City, and must be revised by the Contractor without additional charge to the City until found satisfactory and accepted by City.

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Attachment: 230050 Kovacvich Park Improvements Bid Contract final (PW Agreement with Stockbridge General Contracting for K. Park 01159.0006/297008.1 B-1
EXHIBIT “B”

1. Contractor shall provide the following additional documents(s) during construction:
a. Caltrans Exhibit 17-F: Final Report-Utilization Of Disadvantaged Business Enterprises (DBE) And First-Tier Subcontractors.

2. Contractor shall provide the following additional documents(s) with the bid documents:
a. Caltrans Exhibit 12-B Bidder’s List of Subcontractors (DBE and Non-DBE) b. Caltrans Exhibit 15-G: Construction Contract DBE Commitment c. Caltrans Exhibit 15-H: Proposer/Contractor Good Faith Effort (submit if DBE goal not met; may be submitted 5 days post bid)

3. Applicable State or Federal Grant Requirements: Applicable language that must be included from the granting agency are attached herein.

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Attachment: 230050 Kovacvich Park Improvements Bid Contract final (PW Agreement with Stockbridge General Contracting for K. Park C- 1
EXHIBIT “C”

SCHEDULE OF COMPENSATION
I. Contractor shall perform all work at the rates on the Bid Sheet submitted as part of Contractor’s Proposal, incorporated herein by this reference.

II. A retention of five percent (5%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services.

III. Within the budgeted amounts for each item on the Bid Sheet, and with the approval of the Contract Officer, funds may be shifted from one item’s sub budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Work is approved per Section 1.10.

IV. The City will compensate Contractor for the work performed upon submission of a valid invoice pursuant to Section 2.4.

V. Additional work shall be authorized only by a change order approved by the City Manager or City Council. Line item costs shall be used to determine quantity adjustment changes.

Otherwise, markups on such work shall be limited as follows:
• Labor: 30%
• Materials: 10%
• Equipment: 10%

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Attachment: 230050 Kovacvich Park Improvements Bid Contract final (PW Agreement with Stockbridge General Contracting for K. Park 01159.0006/297008.1 D- 1
EXHIBIT “D”

SCHEDULE OF PERFORMANCE
I. The Contractor shall begin work within Fourteen (14) calendar days after receipt of official Notice to Proceed from the Owner, unless otherwise mutually agreed to in writing between the Contractor and the City of Arvin.

II. Contractor shall perform all work timely in accordance with the following schedule:

The Contractor shall substantially complete all work within ninety (90) calendar days unless the period for completion is extended otherwise by the Contract Documents.

The work shall be finally complete within an additional thirty (30) calendar days. The Contractor shall diligently prosecute the work to completion on or before the completion date indicated on the Notice to Proceed.

A. Work shall only be performed between the hours of 7:00 a.m. and 7:00 p.m., on weekdays.

B. Work shall not be performed on Saturdays, Sundays or legal holidays.

C. Exceptions to the above hours of work will be permitted only after obtaining written authorization from the City Engineer.

III. Contractor shall deliver the following tangible work products to the City by the following dates.

A. N/A
IV. The Contract Officer may approve extensions for performance of the services in accordance with Operative Provisions, Article 3.

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Attachment: 230050 Kovacvich Park Improvements Bid Contract final (PW Agreement with Stockbridge General Contracting for K. Park 01159.0006/297008.1 E- 1
EXHIBIT “E”
PUBLIC CONTRACT CODE SEC. 9204

NEW PUBLIC WORKS CLAIMS

PROCEDURE
AB 626, signed by the Governor on September 29, 2016, created a new Public Contract Code Section 9204, which specifies new procedural requirements for claims submitted by a contractor on any public works project. These new requirements contain burdens for both private contractors and public entities. The text of this new legislation is set forth below:

Public Contract Code § 9204.

Legislative findings and declarations regarding timely and complete payment of contractors for public works projects; claims process
(a) The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner. (b) Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a contractor in connection with a public works project. (c) For purposes of this section:
(1) “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project. (B) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled. (C) Payment of an amount that is disputed by the public entity. (2) “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project. (3)(A) “Public entity” means, without limitation, except as provided in subparagraph (B), a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a

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charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency. (B) “Public entity” shall not include the following:
(i) The Department of Water Resources as to any project under the jurisdiction of that department.
(ii) The Department of Transportation as to any project under the jurisdiction of that department.
(iii) The Department of Parks and Recreation as to any project under the jurisdiction of that department.
(iv) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.
(v) The Military Department as to any project under the jurisdiction of that department. (vi) The Department of General Services as to all other projects. (vii) The High-Speed Rail Authority.
(4) “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (5) “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor. (d)(1)(A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the

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Attachment: 230050 Kovacvich Park Improvements Bid Contract final (PW Agreement with Stockbridge General Contracting for K. Park 01159.0006/297008.1 E- 3
claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2)(A) If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section. (C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.
(3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits

6.A.4
Attachment: 230050 Kovacvich Park Improvements Bid Contract final (PW Agreement with Stockbridge General Contracting for K. Park 01159.0006/297008.1 E- 4
of the claim or the responsibility or qualifications of the claimant. (4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tiersubcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so. (e) The text of this section or a summary of it shall be set forth in the plans or specifications for any public works project that may give rise to a claim under this section. (f) A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
(g) This section applies to contracts entered into on or after January 1, 2021. (h) Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
(i) This section shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.

6.A.4
Attachment: 230050 Kovacvich Park Improvements Bid Contract final (PW Agreement with Stockbridge General Contracting for K. Park City of Arvin
Kovacevich Park Improvements Project
Performance Bond
PRBD - 1
Performance Bond
WHEREAS, the CITY OF ARVIN, (“City”), has awarded to
STOCKBRIDGE GENERAL CONTRACTING INC as Contractor (“Principal”), a Contract for the work entitled and described as follows:

KOVACEVICH PARK IMPROVEMENTS PROJECT
WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of TWO MILLION ONE HUNDRED TWENTYFIVE THOUSAND TWO HUNDRED THIRTY-THREE AND FIFTEEN CENTS ($2,125,233.15) this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bound Contractor, or its heirs, executors, administrators, successors, or assigns, shall in all things stand and abide by, well and truly keep and perform all undertakings, terms, covenants, conditions, and agreements in the said Contract and any alteration thereof, made as therein provided, all within the time and in the manner designated and in all respects according to their true intent and meaning, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

FURTHER, the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.

Executed in four original
counterparts on 20 .

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal)

6.A.4
Attachment: 230050 Kovacvich Park Improvements Bid Contract final (PW Agreement with Stockbridge General Contracting for K. Park City of Arvin
Kovacevich Park Improvements Project
Performance Bond
PRBD - 2
Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service of
process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

No substitution or revision to this bond form will be accepted. Sureties must be authorized to do business in and have an agent for service of process in California. Certified copy of Power of Attorney must be attached.

6.A.4
Attachment: 230050 Kovacvich Park Improvements Bid Contract final (PW Agreement with Stockbridge General Contracting for K. Park City of Arvin
Kovacevich Park Improvements Project
Payment Bond
PYBD - 1
Payment Bond
(Labor and Material Bond)
WHEREAS, the CITY OF ARVIN, (“City”), has awarded to
STOCKBRIDGE GENERAL CONTRACTING INC. as Contractor (“Principal”), a Contract for the work entitled and described as follows:

KOVACEVICH PARK IMPROVEMENTS PROJECT
WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum TWO MILLION ONE HUNDRED TWENTY-FIVE THOUSAND TWO HUNDRED THIRTY-THREE AND FIFTEEN CENTS ($2,125,233.15) this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractor fails to pay: (1) for any work, materials, services, provisions, provender, or other supplies, or for the use of implements of machinery, used in, upon, for, or about the performance of the work to be done, or for any work or labor thereon of any kind; (2) for work performed by any of the persons named in Civil Code Section 9100; (3) for any amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract; and/or (4) for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and/or its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon the bond. Moreover, if the City or any entity or person entitled to file stop payment notices is required to engage the services of an attorney in connection with the enforcement of this bond, each shall be liable for the reasonable attorney's fees incurred, with or without suit, in addition to the above sum.

Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration, or modification of the Contract Documents or of the work to be performed thereunder.

PRINCIPAL
(Seal if Corporation) By
Title
(Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to:
(name and address of Surety)
(name and address of Surety's agent for service
of process in California, if different from above)
(telephone number of Surety's agent in
California)
(Attach Acknowledgment)
SURETY
By
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

6.A.4
Attachment: 230050 Kovacvich Park Improvements Bid Contract final (PW Agreement with Stockbridge General Contracting for K. Park City of Arvin
Kovacevich Park Improvements Project
Contractor’s Certificate Regarding Worker’sCompensation CCRWC - 1
Contractor’s Certificate Regarding Worker’s Compensation Description of Contract:

City of Arvin

KOVACEVICH PARK IMPROVEMENTS PROJECT
Labor Code Section 3700 Provides (in part):
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations a certificate of consent to selfinsure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employees."
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

Dated: , 20
(Contractor)
By
(Official Title)
(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the City prior to performing any work under this contract.) Certificate of Insurance
Description of Contract: City of Arvin

KOVACEVICH PARK IMPROVEMENTS PROJECT
Type of Insurance: Workers' Compensation and Employers' Liability Insurance THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in

6.A.4
Attachment: 230050 Kovacvich Park Improvements Bid Contract final (PW Agreement with Stockbridge General Contracting for K. Park City of Arvin
Kovacevich Park Improvements Project
Certificate of Insurance
CCRWC - 4
conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.

The Company will give at least 30 days' written notice to the City and Engineer/Architect priorto any cancellation of said policy.

POLICY NUMBER EXPIRATION DATE LIMITS OFLIABILITY
Workers' Compensation:

Statutory Limits Under the Laws
of the State of California
Employers' Liability:
$ ________________ Each Accident
$ ________________ Disease – Policy Limit
$ ________________ Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)

Name
Agency
Street Number
City and State
Telephone Number
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policy listed herein.

This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions, and conditions of such policy.

NOTICE:

No substitution or revision to the above certificate form will be accepted. If the insurance called for is provided by more than one insurance company, a separate certificate in the exact above form shall be provided for each insurance company.

KOVACEVICH PARK IMPROVEMENTS PROJECT
Type of Insurance: Workers' Compensation and Employers' Liability Insurance This endorsement forms a part of Policy No. .

ENDORSEMENT
It is agreed that with respect to such insurance as is afforded by the policy, the Company waives any right of subrogation it may acquire against the City, the Engineer/Architect, the City's Representative, and their consultants, and each of their directors, officers, volunteers and employees by reason of any payment made on account of injury, including death resulting therefrom, sustained by any employee of the insured, arising out of the performance of the abovereferenced contract.

The additional premium for this endorsement shall be %* of the California Workers' Compensation premium otherwise due on such remuneration.

This endorsement does not increase the Company's total limits of liability.

Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON PAGE 2)
* - Contractor's insurance company to fill in this percentage.

NOTICE:

No substitution or revision to the above endorsement form will be accepted. If the insurance called for is provided by more than one policy, a separate endorsement in the exact above form shall be provided for each policy.

KOVACEVICH PARK IMPROVEMENTS PROJECT
Type of Insurance: Liability Insurance
THIS IS TO CERTIFY that the following policies have been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and are in force at this time:

POLICY EXPIRATION LIMITS OF LIABILITY
NUMBER DATE In Thousands (000)
A. GENERAL LIABILITY
General Aggregate
Products-Comp Ops
Aggregate
$
$
Personal and
Advertising
Injury $
Each Occurrence
Fire Damage
(any one fire)
Medical Expense
(any one person)
$
$
B. EXCESS GENERAL LIABILITY
Each
Occurrence
$
Article I. Aggregate
$
C. AUTOMOBILE LIABILITY
Bodily Injury
(Each Person)
Bodily Injury
(Each Accident
Property Damage
$
$
$
Or
Bodily Injury and
Property Damage
Combined Single Limit $
D. Article II. EXCESS

AUTOMOBILE LIABILITY
Each
Occurrence
$
Article III. Aggregate
$

A. GENERAL LIABILITY
Commercial Form ............................................................................ YES NO Premises-Operations ........................................................................ YES NO Explosion and Collapse Hazard....................................................... YES NO Underground .................................................................................... YES NO Products/Completed Operations ...................................................... YES NO Contractual Insurance ...................................................................... YES NO Broad Form Property Damage......................................................... YES NO Independent Contractors .................................................................. YES NO Personal Injury and Advertising Injury ........................................... YES NO B. EXCESS GENERAL LIABILITY
Following Form .............................................................................. YES NO C. AUTOMOBILE LIABILITY
Business Auto Form Including Loading and Unloading ................. YES NO Owned.............................................................................................. YES NO Hired ................................................................................................ YES NO Non-Owned...................................................................................... YES NO D. EXCESS AUTOMOBILE LIABILITY
Following Form ............................................................................... YES NO

6.A.4
Attachment: 230050 Kovacvich Park Improvements Bid Contract final (PW Agreement with Stockbridge General Contracting for K. Park City of Arvin
Kovacevich Park Improvements Project
Insurance Endorsement
CCRWC - 7
This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or alter the coverage afforded by the policies listed herein.

This is to certify that the policy has been issued to the named insured for the policy period indicated, notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions, and conditions of such policies.

The Company will give at least 30 days' written notice to the City and the Engineer/Architect prior to any cancellation of said policies.

Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By
(Company Representative)
(SEE NOTICE ON NEXT PAGE)
Insurance Company Agent for Service
of Process in California:

Name
Agency
Street Number
City and State
Telephone Number

Insurers must be authorized to do business and have an agent for service of process in California and have a "B+" policyholder's rating and a financial rating of at least Class VIII in accordance with the most current Best's Rating.

6.A.4
Attachment: 230050 Kovacvich Park Improvements Bid Contract final (PW Agreement with Stockbridge General Contracting for K. Park

Page 1 of 2 ends

Staff Report – Consideration and Approval of LOS with LahavGE / APC.

CITY OF ARVIN
Staff Report
Meeting Date: April 23, 2024
TO: Arvin City Council
FROM: Jeff Jones, City Manager
SUBJECT: Consideration of Approval of Letter of Support with Lahav Green Energy Ltd. / Arvin Power Company.

BACKGROUND:

Over the past several months, the LahavGE / Arvin Power Company (APC) has made presentations to the City Council regarding potential partnership with the City of Arvin regarding energy projects. For your consideration tonight is a ‘Letter of Support’ (LOS) which discusses establishing a private-public partnership between the City of Arvin and LahavGE / APC.

According to the LahavGE / APC this partnership will include and possibly provide benefits to the City of Arvin as follows:
• An estimated annual energy production of 105,000 MWh a year; • A take or pay Power Purchase Agreement structure;
• Power Purchase Agreement term of 25 years;
• Estimated price per kWh of $0.19 in the first year of production, with an annual escalation rate tied to an inflation measure capped at 2% annually;
• Arvin Power Company - A.P.C. will maintain the Solar Project, charging $0.06 per kWh ; • Federal and state tax benefits (including ITC and depreciation benefits), subsidies, and renewable energy credits or like attributes to accrue to the owner of/investor in the Solar Project; and • A Solar Project purchase option after 25 years at the fair market value of the Solar Project.

In addition, the development of the Solar Project in or near Arvin is expected to provide economic benefits to the City through industrial and agricultural development, clean energy generation, and job creation. LahavGE / APC is also committed to establishing its corporate headquarters and billing center within the City of Arvin.

LahavGE / APC has agreed to reimburse the City for reasonable costs associated with Staff and City Attorney time and reasonable and documented Consultant fees related to the Solar Project.

6.C.1
Attachment: Staff Report - Lahav GE Arvin Power Company Letter of Support_042324 [Revision 1] (Approval of Letter of Support with LahavGE

Page 2 of 2 ends

Staff Report – Consideration and Approval of LOS with LahavGE / APC.

STAFF RECOMMENDATION:

Staff recommends that the City Council consider approving the Letter of Support and provide direction to staff.

Should City Council decide to approve the Letter of Support, Staff recommends that such approval be made contingent upon LahavGE executing a Memorandum of Understanding or similar Agreement whereby LahavGE agrees to reimburse the City for reasonable costs associated with Staff and City Attorney Time and reasonable and documented Consultant Fees, related to the Solar Project.

FINANCIAL IMPACT:

An estimated unbudgeted expense of between $50,000 and $100,000 for consultant costs.

Potential cost savings of $85,000 (per LahavGE/APC estimates) per year in energy savings to the City. It should be noted that the City already has a grant with the Federal Transportation Authority for a microgrid project to provide solar energy to most of the buildings in the City hall complex so the $85,000 estimate provided by LahavGE/APC will need to be adjusted downward to reflect energy savings provided by the City hall microgrid in the future. There will possibly be other financial benefits and costs.

ATTACHMENTS:

Attached proposed letter of support between LahavGE / the Arvin Power Company and the City of Arvin. The LOS has been reviewed by both the City Attorney and the City Manager.

6.C.1
Attachment: Staff Report - Lahav GE Arvin Power Company Letter of Support_042324 [Revision 1] (Approval of Letter of Support with LahavGE Date: April 24, 2024
To: Amir Geyra, CEO
Lahav Green Energy Ltd.,
Greenwork complex, building 'A' (2nd floor),
Yakum 6097200, Israel (“Lahav”)
Represented by Mr. Amir Geyra (CEO)
Re: Letter of Support for a C.C.A or Arvin Power Company (A.P.C) Dear Mr. Gera,
I am writing on behalf of the City of Arvin to express the City’s support in continuing discussions and other efforts related to the proposed construction of the Solar Project described below. It is the City’s intention to work with LahavGE to determine whether this proposed Solar Project is in the best interest of the City and its residents and if so, to potentially procure electricity therefrom.

Lahav is proposing to develop within Kern County and Arvin city limits an approximate 50MW ground mounted photovoltaic solar energy system with fuel cell generators (Bloom Energy) and, as -needed, back-up electric storage systems (the “Solar Project”) as the initial phase. Based on preliminary discussions, it appears that this Solar Project has the potential to contribute to the City’s industrial zone development and the City’s sustainable development goals, while aligning with the City’s commitment to renewable energy sources and environmental conservation.

LahavGE has suggested through several presentations provided to the City, that the Solar Project may provide the following benefits:
• An estimated annual energy production of 105,000 MWh a year; • A take or pay Power Purchase Agreement structure;
• Power Purchase Agreement term of 25 years;
• Estimated price per kWh of $0.13 in the first year of production, with an annual escalation rate tied to an inflation measure capped at 2% annually;
• Arvin Power Company – If A.P.C. will maintain the Solar Project, we will have extra charging of $0.06 per kWh ;
• Federal and state tax benefits (including ITC and depreciation benefits), subsidies, and renewable energy credits or like attributes to accrue to the owner of/investor in the Solar Project; and
• A Solar Project purchase option after 25 years at the fair market value of the Solar Project.

In addition to the foregoing claimed benefits, LahavGE has claimed that the Solar Project will provide the following:

1. Industrial and Agricultural Development: The electricity provided by the Solar Project may have the potential to play a pivotal role in supporting the growth of the City’s local industries and to address electricity shortfalls which may include by provision of back-up electric storage systems.. Additionally, portions of the Solar Project may be located on agricultural land with crops growing under solar panels, which can provide electricity for agricultural energy needs.

2. Clean Energy Generation: The Solar Project is projected to generate a substantial amount of clean and renewable energy, which will reduce the City’s emissions, carbon footprint, and reliance on non-renewable energy sources. The Solar Project will also increase the City’s energy self-reliance and independence from centralized power operators.

3. Job Creation: The Solar Project will provide employment opportunities related to both the construction and operation of the Solar Project.

MAYOR
Daniel Borreli

MAYOR PRO TEM
Susana Reyes

COUNCIL MEMBERS
Donny Horton
Juan Murillo
Tim Tarver

CITY MANAGER
Jeff Jones
Phone (661) 854-3134
Fax (661) 854-0817
200 Campus Drive
P.O. Box 548
Arvin, California 93203

CITY OF ARVIN

6.C.2
Attachment: Letter of Support - City of Arvin - Arvin Power Company_042324 (Approval of Letter of Support with LahavGE / Arvin Power Letter of Support - Lahav Green Energy Ltd. / Arvin Power Company] April 24, 2024

Page 2 of 2 ends

In light of the foregoing benefits claimed by LahavGE, and in consideration of LahavGE agreeing to reimburse the City for reasonable costs associated with Staff and City Attorney Time and reasonable and documented Consultant Fees, related to the Solar Project, as stated above, it is the City’s intention to work with LahavGE to determine whether this proposed Solar Project is in the best interest of the City and its residents. As the negotiation process proceeds, should this Solar Project significantly benefit the City and its residents, the City may wish to procure electricity therefrom. As such, the City of Arvin will work to support LahavGE’s efforts to potentially develop the Solar Project.

Please feel free to reach out to Jeff Jones, City Manager ([email protected] (661) 854-3134) or any further discussions or clarifications. Once again, thank you for considering our municipality as the location for the Solar Project.

Sincerely,
Daniel Borreli, Mayor
City of Arvin

6.C.2
Attachment: Letter of Support - City of Arvin - Arvin Power Company_042324 (Approval of Letter of Support with LahavGE / Arvin Power

Arvin City CouncilApril 23, 2024

Arvin City Council
April 23, 2024