REGULAR MEETING AGENDA
OF THE
ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE
ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING
AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
TUESDAY MAY 28, 2024 6:00p.m.
CITY HALL COUNCIL CHAMBERS
200 CAMPUS DRIVE, ARVIN
CALL TO ORDER Mayor Daniel Borreli
PLEDGE OF ALLEGIANCE
INVOCATION
*******************************************
ROLL CALL Daniel Borreli Mayor
Susana Reyes Mayor Pro Tem
Donny Horton Councilmember
Juan Murillo Councilmember
Tim Tarver Councilmember
******************************************
STAFF Jeff Jones City Manager / Finance Director
Nathan Hodges City Attorney – Hodges Law Group
Cecilia Vela City Clerk
I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.
PUBLIC COMMENTS:
The meetings of the City Council and all municipal entities, commissions, and boards (“the City”) are open to the public. At regularly scheduled meetings, members of the public may address the City on any item listed on the agenda, or on any non-listed matter over which the City has jurisdiction. At special or emergency meetings, members of the public may only address the City on items listed on the agenda. Such comments shall be made in person and before the City during the meeting as prescribed below. There is a time limitation of two (2) minutes per person. However, the City shall allow a speaker using a translator four (4) minutes to ensure that non-English speakers receive the same opportunity to directly address the City. Sixteen Minutes (16) total (plus additional time based on use of a translator, if any) will be allowed for any one subject. For any item that is not on the agenda and within the jurisdiction or interest of the City, please come to the podium at this time. The Brown Act does not permit any action or discussion on items not listed on the agenda. If you wish to speak regarding a scheduled agenda item, please come to the podium when the item number and subject matter are announced, and the Mayor or Chair opens Public Comment on the item. When recognized, please begin by providing your name and address for the record (optional). Anyone wishing to submit written information at the meeting needs to furnish ten (10) copies to the City Clerk in advance to allow for distribution to City Council, staff and the media. Willful disruption of the meeting shall not be permitted. If the Mayor finds that there is in fact willful disruption of any City Council Meeting, he/she may order the disrupting parties out of the room and subsequently conduct the City’s business without them present.
In accordance with the Brown Act, all matters to be acted on by the City must be posted at least 72 hours prior to a regular meeting. In cases of an emergency, or when a subject matter needs immediate action or comes to the attention of the City subsequent to the agenda being posted, upon making certain findings, the City may act on an item that was not on the posted agenda.
AGENDA STAFF REPORTS AND HANDOUTS:
Staff reports and other disclosable public records related to open session agenda items are available at City Hall, 200 Campus Drive, Arvin, CA 93203 during regular business hours.
CONDUCT IN THE CITY COUNCIL CHAMBERS:
Rules of Decorum for the Public
Members of the audience shall not engage in disorderly or boisterous conduct, including the utterance of loud, threatening or abusive language, clapping, whistling, stamping of feet or other acts which disturb, disrupt, impede or otherwise render the orderly conduct of the City meeting infeasible. A member of the audience engaging in any such conduct shall, at the discretion of the presiding officer or a majority of the City, be subject to ejection from the meeting per Gov. Code Sect. 54954.3(c).
Removal from the Council Chambers:
Any person who commits the following acts in respect to a meeting of the City shall be removed from the Council Chambers per Gov. Code Sect. 54954.3(c).
(a) Disorderly, contemptuous or insolent behavior toward the City or any member thereof, tending to interrupt the due and orderly course of said meeting;
(b) A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting;
(c) Disobedience of any lawful order of the Mayor, which shall include an order to be seated or to refrain from addressing the City; and
(d) Any other unlawful interference with the due and orderly course of said meeting.
AMERICANS with DISABILITIES ACT:
In compliance with the ADA, if you need special assistance to participate in a City meeting or other services offered by the City, please contact the City Clerk’s office, (661) 854-3134. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
Arvin City Council Meeting Agenda – May 28, 2024
1. APPROVAL OF AGENDA AS TO FORM.
Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Murillo ___ CM Horton ___ MPT Reyes ___ Mayor Borreli ___
2. PUBLIC COMMENTS
(This is the opportunity for the public to address the City Council on any matter on the agenda or any item of interest to the public that is within the subject matter jurisdiction of the City Council.)
3. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of May 11, 2024 – May 24, 2024.
B. Approval of Payroll Register(s) of May 10, 2024.
C. Approval of the Minutes of the Regular Meeting(s) of May 14, 2024.
D. Approval of A Resolution of the City Council of the City of Arvin Approving the 2024 Transit Asset Management Plan (TAM) and Authorizing Related Actions.
E. Approval of A Resolution of the City Council of the City of Arvin Authorizing the Federal Funding Under FTA Section 5311 (49 U.S.C. Section 5311) and/or 5339 (49 U.S.C. Section 5339) with California Department of Transportation.
F. Approval of Amendment No. 2 to the Professional Consultant Services Agreement between the City of Arvin and Carollo Engineers, Inc. for Funding and Permitting Assistance.
Staff recommends approval of the consent agenda.
Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Murillo ___ CM Horton ___ MPT Reyes ___ Mayor Borreli ___
4. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider Adoption and Second Reading of An Ordinance of the City of Arvin, California, Amending the Official Zoning Map, Heretofore Adopted by Section 17.06.020 of the Arvin Municipal Code, Being the Zoning Ordinance of the City of Arvin, for Zone Change 2024-01 – Comanche Drive and Varsity Avenue. The Ordinance proposes a Zone Change from R-1 Single Family Dwelling – PUD Planned Urban Development to R-4 Multiple Family Residential, Uncodified Ordinance. (City Planner)
Staff recommends the City Council consider adopting the Ordinance to be read by title only, open the hearing, allow for public testimony, close the hearing, waive second reading of the Ordinance, and approve the adoption of the Ordinance.
Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Murillo ___ CM Horton ___ MPT Reyes ___ Mayor Borreli ___ Arvin City Council Meeting Agenda – May 28, 2024
B. A Public Hearing to Consider Adoption of An Ordinance of the City Council of the City of Arvin, California, Amending Appendix A to Chapter 1.24 of the Arvin Municipal Code Relating to the City’s Conflict of Interest Code. (City Clerk) Staff recommends the City Council consider adopting the Ordinance to be read by title only, open the hearing, allow for public testimony, close the hearing, waive second reading of the Ordinance, and approve the adoption of the Ordinance.
Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Murillo ___ CM Horton ___ MPT Reyes ___ Mayor Borreli ___ C. A Public Hearing to Consider Approval of A Resolution of the City Council of the City of Arvin Confirming and Ordering the Annual Levy of Assessments for Fiscal Year 2024-25 for Landscaping and Lighting Maintenance District No. 1. (City Engineer)
Staff recommends the City Council open the hearing, allow for public testimony, close the hearing, and adopt the Resolution.
Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Murillo ___ CM Horton ___ MPT Reyes ___ Mayor Borreli ___ D. A Public Hearing to Consider Approval of A Resolution of the City Council of the City of Arvin Confirming and Ordering the Annual Levy of Assessments for Fiscal Year 2024-25 for Landscaping and Lighting Maintenance District No. 2. (City Engineer)
Staff recommends the City Council open the hearing, allow for public testimony, close the hearing, and adopt the Resolution.
Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Murillo ___ CM Horton ___ MPT Reyes ___ Mayor Borreli ___
5. ACTION ITEM(S)
A. Approval of A Resolution of the City Council of the City of Arvin Recognizing the Competitive Bidding Process of the California Association for Coordinated Transportation (CalACT) and the Department of Government Services (DGS) Cooperative Purchasing Agreements and Authorizing the City Manager to Execute A Purchase Order with Davey Coach and Phoenix Motorcars for the Procurement and Purchase of Two Electric Buses; and Authorizing Related Action. (Grants Manager)
Staff recommends approval of the Resolution.
Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Murillo ___ CM Horton ___ MPT Reyes ___ Mayor Borreli ___ Arvin City Council Meeting Agenda – May 28, 2024
6. CITY MANAGER’S REPORT
7. REPORT OF COUNCIL MEMBER MEETINGS & CONFERENCES ATTENDED
8. COUNCIL MEMBER COMMENTS
9. CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code
§54957.6):
Agency Negotiator: City Manager
Employee Organizations: Arvin Police Officers Association (APOA) and Central California Association of Public Employees SEIU Local 521.
B. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): five cases C. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to
Government Code §54957(b)(1)
Position: City Manager
10. ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the Arvin City Council Chambers Bulletin Board not less than 72 hours prior to the meeting. Dated May 24, 2024.
Cecilia Vela, City Clerk
5/15/2024 3:34:19 PM Page 1 of 8
Payment Register
City of Arvin APPKT00679 - FOR AP 5/15/2024
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1542
Vendor Number
ADLERHORST INTERNATIONAL LLC
Total Vendor Amount
791.96
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 791.96
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 121260 K-9 COLLAR, JUTE TRAINING AID FOR DAGO 04/19/2024 04/19/2024 0.00 791.96 1010
Vendor Number
AMERICAN BUSINESS MACHINES
Total Vendor Amount
162.38
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 162.38
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 740179 STAPLE CARTRIDGE 04/25/2024 04/25/2024 0.00 162.38 1150
Vendor Number
AT&T
Total Vendor Amount
809.94
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 809.94
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 000021561806 9391033189 SERVICE 03.13.24 - 04.12.24 04/13/2024 04/13/2024 0.00 335.90 000021563568 9391056024 SERVICE 03.13.24-04.12.24 04/13/2024 04/13/2024 0.00 474.04 1015
Vendor Number
AT&T MOBILITY
Total Vendor Amount
447.98
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 447.98
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 287251442687X04282024 PW + COMM DEV + CH CELL PHONES 04.23.24-05.22.24 05/15/2024 05/15/2024 0.00 447.98 1728
Vendor Number
BAKERSFIELD LOCKSMITH, LLC
Total Vendor Amount
150.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 150.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 80225 PD CLEAN AND CALIBRATE LOCK 04/18/2024 04/18/2024 0.00 150.00 1670
Vendor Number
BLUETRITON BRANDS INC
Total Vendor Amount
389.98
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 389.98
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 04D6707940541 WATER DELIVERY 03.27.24- 04.26.24 04/29/2024 04/29/2024 0.00 389.98 1037
Vendor Number
CALIFORNIA HIGHWAY PATROL
Total Vendor Amount
50.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 50.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount SAFETY 2024 CHP INSPECTIONSAFETY 2024 CHP INSPECTION 05/10/2024 05/10/2024 0.00 50.00
3.A.1
Attachment: Demand Register(s) of May 11, 2024 - May 24, 2024 (Demand Register(s) of May 11, 2024 - May 24, 2024.) Payment Register APPKT00679 - FOR AP 5/15/2024
5/15/2024 3:34:19 PM Page 2 of 8
1204
Vendor Number
COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount
94.43 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 94.43
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 521463 AIR FILTER 04/02/2024 04/02/2024 0.00 5.40
521554 MOTEER MIX 04/03/2024 04/03/2024 0.00 12.97
522153 CHAPIN SPRAYER 04/08/2024 04/08/2024 0.00 28.13
524183 BOLT AND NUTS FOR PLAQUE AT CH 04/23/2024 04/23/2024 0.00 0.90 62995 BOLTS AND NUTS 04/02/2024 04/02/2024 0.00 3.75
63002 LED BULB 04/02/2024 04/02/2024 0.00 43.28
1058
Vendor Number
DEPARTMENT OF JUSTICE
Total Vendor Amount
317.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 317.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 731323 FINGERPRINT SVCS APRIL 2024 05/03/2024 05/03/2024 0.00 317.00 1193
Vendor Number
DIAMOND TECHNOLOGIES INC
Total Vendor Amount
19,822.56
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 19,822.56
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 35368MS MICROSOFT 365 AGREEMENT MARCH 2024 03/01/2024 03/01/2024 0.00 1,706.80 35738.1 DIAMOND AGREEMENT APRIL 2024 04/10/2024 04/10/2024 0.00 5,380.18 35781MS MICROSOFT 365 MAY 2024 05/01/2024 05/01/2024 0.00 1,669.96 35782MS MONTHLY O365- PD MAY 2024 05/01/2024 05/01/2024 0.00 1,196.80 35783 MONTHLY IT AGREEMENT MAY 2024 05/01/2024 05/01/2024 0.00 9,868.82 1310
Vendor Number
ERIC REYES GUERRA
Total Vendor Amount
340.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 340.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0273 BUS WASH 05.10.24 05/10/2024 05/10/2024 0.00 340.00 1734
Vendor Number
EVCHARGE4U INC.
Total Vendor Amount
5,549.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 5,549.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 3601 PARK AND RIDE EV CHARGE 03/27/2024 03/27/2024 0.00 1,165.00 3602 MOVED 17 EVBOX CHARGE PORTS 03/27/2024 03/27/2024 0.00 4,384.00 1062
Vendor Number
FEDEX
Total Vendor Amount
50.22 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 50.22
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8-496-59258 SHIPPING SVCS 05.08.24 05/10/2024 05/10/2024 0.00 50.22 1070
Vendor Number
GENERAL OFFICE
Total Vendor Amount
500.70
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 500.70
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 22974 METER READING APD & COMM 04.01.24-05.01.24 05/03/2024 05/03/2024 0.00 500.70
3.A.1
Attachment: Demand Register(s) of May 11, 2024 - May 24, 2024 (Demand Register(s) of May 11, 2024 - May 24, 2024.) Payment Register APPKT00679 - FOR AP 5/15/2024
5/15/2024 3:34:19 PM Page 3 of 8
1232
Vendor Number
JEFFREY B KELLEY
Total Vendor Amount
610.06
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 610.06
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4922 CITY HALL / PD REKEY 04/18/2024 04/18/2024 0.00 610.06 1249
Vendor Number
JOSE GARCIA JR
Total Vendor Amount
300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 308 SAFETY MEETING , CUSTOMER SERVICE ,INCIDENT VIDEOS 05/04/2024 05/04/2024 0.00 300.00 1737
Vendor Number
JOSE MENDOZA - FOREVER BLOOM
Total Vendor Amount
40.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 40.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount DENIAL OF VENDOR APPLICATION DENIAL OF VENDOR APPLICATION 05/10/2024 05/10/2024 0.00 40.00 1164
Vendor Number
KERN MACHINERY
Total Vendor Amount
1,747.34
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 1,747.34
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 101-1149046 JOHN DEERE MOWER REPAIRS 04/17/2024 04/17/2024 0.00 1,747.34 1168
Vendor Number
LOWES
Total Vendor Amount
62.75 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 62.75
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 88725656 1/4 INX 1 FT ZNC 03/29/2024 03/29/2024 0.00 62.75 1332
Vendor Number
MADLAND TOYOTA LIFT INC
Total Vendor Amount
308.71
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 308.71
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 14002956 UNITED RENTAL EQUIPMENT INSPECTION PW 04/16/2024 04/16/2024 0.00 308.71 1102
Vendor Number
MOUNTAINSIDE DISPOSAL
Total Vendor Amount
2,893.70
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 2,893.70
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 747864 BIN RENT AND 4 YD ROLL OFF APRIL 2024 05/01/2024 05/01/2024 0.00 2,893.70 1340
Vendor Number
NATHAN M HODGES
Total Vendor Amount
31,143.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 31,143.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount APRIL 2024 LEGAL FEES APRIL 2024 05/01/2024 05/01/2024 0.00 31,143.50 1184
Vendor Number
OREILLY AUTOMOTIVE INC
Total Vendor Amount
374.19
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 374.19
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4451-353141 BLUE DEF 2.5 GAL 03/07/2024 03/07/2024 0.00 36.78
3.A.1
Attachment: Demand Register(s) of May 11, 2024 - May 24, 2024 (Demand Register(s) of May 11, 2024 - May 24, 2024.) Payment Register APPKT00679 - FOR AP 5/15/2024
5/15/2024 3:34:19 PM Page 4 of 8
4451-356203 2.5 BLUE DEF GAL 03/21/2024 03/21/2024 0.00 21.64 4451-358914 1 GAL ANTI FREEZE 04/03/2024 04/03/2024 0.00 150.37 4451-358940 MINI BULB & BLUE DEF FOR PW 04/03/2024 04/03/2024 0.00 82.42 4451-360784 1 QT MOTOR OIL BY THE CASE 04/12/2024 04/12/2024 0.00 82.98 1108
Vendor Number
PG & E
Total Vendor Amount
304.55
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 304.55
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8440977428-2 04.02.24-05.01.24 8440977428-2 04.02.24-05.01.24 05/01/2024 05/01/2024 0.00 304.55 1154
Vendor Number
PRO FORCE LAW ENFORCEMENT
Total Vendor Amount
32,263.26
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 32,263.26
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001197 2023-33 ProForce Law Enforcement Quote for Upgrade 05/15/2024 05/15/2024 0.00 32,263.26 1112
Vendor Number
PURCHASE POWER
Total Vendor Amount
503.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 503.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5/12/2024 METER ADD 05/12/2024 05/12/2024 05/12/2024 0.00 503.50 1596
Vendor Number
ROBERT HALF
Total Vendor Amount
2,587.20
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 2,587.20
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 63548960 WEEK ENDING 05.03.24 JAZMIN C. 05/06/2024 05/06/2024 0.00 1,293.60 63579060 WEEK ENDING 05.10.24 JAZMIN C. 05/13/2024 05/13/2024 0.00 1,293.60 1121
Vendor Number
SERBANS BACKGROUND MUSIC INC
Total Vendor Amount
99.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 99.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 13334 BRIGHTSIGN YEARLY RENEWAL 04.24.24-04.24.25 04/26/2024 04/26/2024 0.00 99.00 1033
Vendor Number
SPECTRUM BUSINESS
Total Vendor Amount
108.99
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 108.99
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 168251101042124 PUBLIC WORKS SVC 04.29.24- 05.28.24 04/21/2024 04/21/2024 0.00 108.99 1126
Vendor Number
STAPLES BUSINESS CREDIT
Total Vendor Amount
1,452.46
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 1,452.46
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 7000414412 OFFICE SUPPLIES FOR THE CITY APR2024 04/25/2024 04/25/2024 0.00 1,452.46 1634
Vendor Number
STEVE BADILLA INVESTIGATIONS
Total Vendor Amount
3,664.40
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 3,664.40
Payable Number Description Payable Date Due Date Discount Amount Payable Amount NB 600 2024 NB 600 2024 04/05/2024 04/05/2024 0.00 3,664.40
3.A.1
Attachment: Demand Register(s) of May 11, 2024 - May 24, 2024 (Demand Register(s) of May 11, 2024 - May 24, 2024.) Payment Register APPKT00679 - FOR AP 5/15/2024
5/15/2024 3:34:19 PM Page 5 of 8
1510
Vendor Number
STOMMEL INC.
Total Vendor Amount
12,745.52
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 12,745.52
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001198 2023 FORD EXPLORER 1FM5K8FW2PNA03324 ARVINPD PREP05/15/2024 05/15/2024 0.00 12,745.52 1355
Vendor Number
UNIFORM HEADQUARTERS
Total Vendor Amount
981.23
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 981.23
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 070233 FLEXFIT HATS 04/22/2024 04/22/2024 0.00 981.23
1723
Vendor Number
VERIZON WIRELESS 609123961 7
Total Vendor Amount
373.59
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 373.59
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9962579741 PW PHONES 03.26.24-04.25.24 04/25/2024 04/25/2024 0.00 373.59 1140
Vendor Number
VERIZON WIRELESS 609123961 5
Total Vendor Amount
1,286.81
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 1,286.81
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9962579739 ARVIN PD CELL PHONES 03.26.24- 04.25.24 04/25/2024 04/25/2024 0.00 1,286.81 1139
Vendor Number
VERIZON WIRELESS 609123961 6
Total Vendor Amount
848.22
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 848.22
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9962579740 ARVIN PD AIR CARDS 03.26.24 - 04.25.24 04/25/2024 04/25/2024 0.00 848.22 1186
Vendor Number
VERIZON WIRELESS 642023305 2
Total Vendor Amount
576.32
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 576.32
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9062806637 TRANSIT SVCS 03.29.24-04.28.24 04/28/2024 04/28/2024 0.00 576.32 1210
Vendor Number
WAGEWORKS INC
Total Vendor Amount
79.52 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 79.52
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 0424-TR39927 C2791 MNTHLY COMPLIANCE FEE COBRA APRIL 2024 05/07/2024 05/07/2024 0.00 79.52 1142
Vendor Number
WELLS FARGO LEASE PMTS
Total Vendor Amount
110.88
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 110.88
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5029577225 COMM DEV LEASE 04.21.24- 05.20.24 04/25/2024 04/25/2024 0.00 110.88
3.A.1
Attachment: Demand Register(s) of May 11, 2024 - May 24, 2024 (Demand Register(s) of May 11, 2024 - May 24, 2024.) Payment Register APPKT00679 - FOR AP 5/15/2024
5/15/2024 3:34:19 PM Page 6 of 8
1201
Vendor Number
WESTERN ALLIANCE BANK LOAN PMT
Total Vendor Amount
67,965.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 67,965.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount A#4500161025-61025 05.01.24LOAN 450016025-6102 JEWETT SQUARE 05/01.24 05/01/2024 05/01/2024 0.00 67,965.00 Bank: PY - Payroll Vendor Payables
1006
Vendor Number
ALLSTATE
Total Vendor Amount
217.46
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 217.46
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001138 ALLSTATE 03/29/2024 03/29/2024 0.00 108.73
INV0001167 ALLSTATE 04/26/2024 04/26/2024 0.00 108.73
1013
Vendor Number
ARVIN POLICE OFFICERS
Total Vendor Amount
900.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 900.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001187 APOA Dues 05/10/2024 05/10/2024 0.00 900.00
1017
Vendor Number
CENTRAL CALIFORNIA ASSOC OF PUBLIC EMPLOYEES
Total Vendor Amount
927.96
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 927.96
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001188 SEIU Dues 05/10/2024 05/10/2024 0.00 27.00
INV0001189 SEIU Dues 05/10/2024 05/10/2024 0.00 900.96
1312
Vendor Number
FRANCHISE TAX BOARD
Total Vendor Amount
300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001192 ALEX GHAZARIAN 05/10/2024 06/15/2024 0.00 300.00 1456
Vendor Number
KERN COUNTY SHERIFF
Total Vendor Amount
304.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/15/2024 304.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001191 C# BCL-21-012888, F#22-02218, RICARDO MADRIGAL 05/10/2024 06/15/2024 0.00 304.50
3.A.1
Attachment: Demand Register(s) of May 11, 2024 - May 24, 2024 (Demand Register(s) of May 11, 2024 - May 24, 2024.) Payment Register APPKT00679 - FOR AP 5/15/2024
5/15/2024 3:34:19 PM Page 7 of 8
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 56 40 0.00 192,906.85
Packet Totals: 56 40 0.00 192,906.85
Type
Payment
Count Discount Payment
Payable
Bank Code Count
PY Check75 0.00 2,649.92
Packet Totals:
75 0.00 2,649.92
3.A.1
Attachment: Demand Register(s) of May 11, 2024 - May 24, 2024 (Demand Register(s) of May 11, 2024 - May 24, 2024.) Payment Register APPKT00679 - FOR AP 5/15/2024
5/15/2024 3:34:19 PM Page 8 of 8
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -195,556.77
Packet Totals: -195,556.77
3.A.1
Attachment: Demand Register(s) of May 11, 2024 - May 24, 2024 (Demand Register(s) of May 11, 2024 - May 24, 2024.) 5/24/2024 11:24:15 AM Page 1 of 7
Payment Register
City of Arvin APPKT00687 - FOR AP 5/23/2024
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1542
Vendor Number
ADLERHORST INTERNATIONAL LLC
Total Vendor Amount
2,920.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 2,920.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 121275 MONTHLY OFFSITE TRAINING K9 04/23/2024 04/23/2024 0.00 2,920.00 1011
Vendor Number
ARVIN CHAMBER OF COMMERCE
Total Vendor Amount
100.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 100.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSEMENT OF $100 REIMBURSEMENT OF $100 FOR SMOTHERNMON PAVILION05/21/2024 05/21/2024 0.00 100.00 1062
Vendor Number
FEDEX
Total Vendor Amount
90.55 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 90.55
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8-503-30697 SHIPPING SERVICE 05.13.24 05/17/2024 05/17/2024 0.00 90.55 1367
Vendor Number
FLOOD BAKERSFIELD MINISTRIES INC
Total Vendor Amount
29,302.23
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 29,302.23
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1561 22-CDBG-NH-00002 NAVIGATION CENTER 02/13/2024 02/13/2024 0.00 29,302.23 1072
Vendor Number
GRANITE CONSTRUCTION
Total Vendor Amount
170.81
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 170.81
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2708653 1818 - 3/4' CAL TRANS CLASS 05/14/2024 05/14/2024 0.00 170.81 1372
Vendor Number
GREGS PETROLEUM SERVICE INC
Total Vendor Amount
530.19
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 530.19
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 453611 COA PUBLIC WORKS FUEL 04/30/2024 04/30/2024 0.00 530.19 1160
Vendor Number
HAAKER EQUIPMENT COMPANY
Total Vendor Amount
3,152.27
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 3,152.27
Payable Number Description Payable Date Due Date Discount Amount Payable Amount W5A0FM TRUCK 302 STREET SWEEPER REPAIRS 04/30/2024 04/30/2024 0.00 3,152.27
3.A.1
Attachment: Demand Register(s) of May 11, 2024 - May 24, 2024 (Demand Register(s) of May 11, 2024 - May 24, 2024.) Payment Register APPKT00687 - FOR AP 5/23/2024
5/24/2024 11:24:15 AM Page 2 of 7
1078
Vendor Number
INDEPENDENT FIRE & SAFETY INC
Total Vendor Amount
339.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 339.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 65888 800 WALNUT DR SEMI ANNUAL SERVICE 05/09/2024 05/09/2024 0.00 169.50 65889 414 4TH AVE SEMI ANNUAL MANT. 05/09/2024 05/09/2024 0.00 169.50 1322
Vendor Number
JAKE RAPER JR
Total Vendor Amount
7,020.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 7,020.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001202 INVOICE 7 04/16/2024 04/30/2024 0.00 7,020.00 1711
Vendor Number
JAVIER ARREOLA
Total Vendor Amount
232.30
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 232.30
Payable Number Description Payable Date Due Date Discount Amount Payable Amount EARLY NOTICE TRANSLATION EARLY NOTICE TRANSLATION 05/13/2024 05/13/2024 0.00 134.60 TRANSLATION MAY 22, 2024 TRANSLATION MAY 22, 2024 05/22/2024 05/22/2024 0.00 97.70 1325
Vendor Number
JORDAN KAUFMAN-TREASURER TAX COLLECTOR COUNTY OF KERN
Total Vendor Amount
41.84 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 41.84
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 23-1126756-00-9 23-1126756-00-9 PARCEL MAP 5899 LOT P 05/06/2024 05/06/2024 0.00 41.84 1185
Vendor Number
KERN COUNTY ANIMAL SERVICES
Total Vendor Amount
37,250.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 37,250.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount R24-126553 MONTHLY BILLING JAN 2024 - MARCH 2024 04/02/2024 04/02/2024 0.00 37,250.00 1086
Vendor Number
KERN COUNTY CLERK
Total Vendor Amount
50.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 50.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount $50 FOR FILING - PLANNING $50 FOR FILING - PLANNING 05/16/2024 05/16/2024 0.00 50.00 1742
Vendor Number
KIARA JOHNSON DEPARTMENT OF CONSERVATION
Total Vendor Amount
450.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 450.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURESEMENT OF $450 REIMBURESEMENT OF $450 FOR VET'S HALL 05/21/2024 05/21/2024 0.00 450.00 1408
Vendor Number
KOSMONT REAL ESTATE SERVICES
Total Vendor Amount
1,300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 1,300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2204.3-023 ARVIN RE ADVISORY MARCH 2024 03/31/2024 03/31/2024 0.00 910.00 2204.3-024 ARVIN RE ADVISORY APRIL 2024 04/30/2024 04/30/2024 0.00 390.00
3.A.1
Attachment: Demand Register(s) of May 11, 2024 - May 24, 2024 (Demand Register(s) of May 11, 2024 - May 24, 2024.) Payment Register APPKT00687 - FOR AP 5/23/2024
5/24/2024 11:24:15 AM Page 3 of 7
1740
Vendor Number
MARITZABETH VERGARA
Total Vendor Amount
370.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 370.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBURSEMENT OF $370 REIMBURSEMENT OF $370 FOR VET'S HALL 05/21/2024 05/21/2024 0.00 370.00 1102
Vendor Number
MOUNTAINSIDE DISPOSAL
Total Vendor Amount
753.55
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 753.55
Payable Number Description Payable Date Due Date Discount Amount Payable Amount N4855001734 BIN RENT AND 4 YD ROLL OFF MAY 2024 05/01/2024 05/01/2024 0.00 753.55 1744
Vendor Number
NATIONAL COMMUNITY DEVELOPMENT ASSOCIATION
Total Vendor Amount
800.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 800.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount FY24-1707AC REGISTRATION FEE FOR CHRIS S. JUNE 12TH-14 2024 04/18/2024 04/18/2024 0.00 800.00 1425
Vendor Number
NEXTALK INC
Total Vendor Amount
35.00 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 35.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 11481 INTERPRETING SERVICES APRIL 2024 04/30/2024 04/30/2024 0.00 35.00 1107
Vendor Number
OPEN & SHUT ENTERPRISES
Total Vendor Amount
1,518.58
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 1,518.58
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 104189 NORTH AND SOUTH GATE STUCK 04/25/2024 04/25/2024 0.00 1,518.58 1424
Vendor Number
OPENGOV INC - DEPT 0370
Total Vendor Amount
29,466.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 29,466.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV13388 CITIZEN SERVICES 04.18.24 - 04.17.25 04/30/2024 04/30/2024 0.00 29,466.00 1114
Vendor Number
PUBLIC WORKS COUNTY OF KERN
Total Vendor Amount
4,256.70
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 4,256.70
Payable Number Description Payable Date Due Date Discount Amount Payable Amount ARV 5/8/24 ARV 5/8/24 05/08/2024 05/08/2024 0.00 4,256.70 1739
Vendor Number
RAFAEL JIMENEZ
Total Vendor Amount
620.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 620.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount REIMBUSEMENT OF $620 REIMBUSEMENT OF $620 FOR VET'S HALL, SUITE Y,KIOSK 05/23/2024 05/23/2024 0.00 620.00
3.A.1
Attachment: Demand Register(s) of May 11, 2024 - May 24, 2024 (Demand Register(s) of May 11, 2024 - May 24, 2024.) Payment Register APPKT00687 - FOR AP 5/23/2024
5/24/2024 11:24:15 AM Page 4 of 7
1738
Vendor Number
RESIDENCE INN ONTARIO RANCHO CUCAMONGA
Total Vendor Amount
555.68
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 555.68
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 76094 BRANDON SNYDER HOTEL STAY 04/14/2024 04/14/2024 0.00 555.68 1596
Vendor Number
ROBERT HALF
Total Vendor Amount
1,293.60
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 1,293.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 63606847 WEEK ENDING 05/17/24 JAZMIN C, 05/20/2024 05/20/2024 0.00 1,293.60 1069
Vendor Number
ROGER GOODMAN
Total Vendor Amount
255.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 255.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1874 ALL NEW PATROL CARS HAD SIREN PROBLEMS 04/22/2024 04/22/2024 0.00 255.00 1121
Vendor Number
SERBANS BACKGROUND MUSIC INC
Total Vendor Amount
2,097.86
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 2,097.86
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2047 ALS DEVISE FOR EXISTING SYSTEM 04/26/2024 04/26/2024 0.00 2,097.86 1033
Vendor Number
SPECTRUM BUSINESS
Total Vendor Amount
282.91
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 282.91
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 167729901050124 SERVICE 05.01.24 - 05.31.24 05/01/2024 05/01/2024 0.00 282.91 1130
Vendor Number
TAG AMS INC
Total Vendor Amount
235.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 235.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2833747 URINE DRUG TEST TRANSIT 05/15/2024 05/15/2024 0.00 90.00 2833944 BREATH ALCOHOL TEST PW 05/16/2024 05/16/2024 0.00 145.00 1704
Vendor Number
TEN-WEST TOWING, INC.
Total Vendor Amount
2,172.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 2,172.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 0206-31611 HYDRO EXCAVATION ENVIROMENTAL SERVICES 02/06/2024 02/06/2024 0.00 2,172.00 1142
Vendor Number
WELLS FARGO LEASE PMTS
Total Vendor Amount
308.36
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 308.36
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5029679368 COPIER LEASE ARVIN PD 04.29.24 - 05.28.24 05/03/2024 05/03/2024 0.00 183.87 5029679369 COMM DEV LEASE 04.30.24- 05.29.24 05/03/2024 05/03/2024 0.00 124.49
3.A.1
Attachment: Demand Register(s) of May 11, 2024 - May 24, 2024 (Demand Register(s) of May 11, 2024 - May 24, 2024.) Payment Register APPKT00687 - FOR AP 5/23/2024
5/24/2024 11:24:15 AM Page 5 of 7
Bank: PY - Payroll Vendor Payables
1456
Vendor Number
KERN COUNTY SHERIFF
Total Vendor Amount
15.24 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 05/24/2024 15.24
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001211 C# BCL-21-012888, F#22-02218, RICARDO MADRIGAL 05/24/2024 06/15/2024 0.00 15.24
3.A.1
Attachment: Demand Register(s) of May 11, 2024 - May 24, 2024 (Demand Register(s) of May 11, 2024 - May 24, 2024.) Payment Register APPKT00687 - FOR AP 5/23/2024
5/24/2024 11:24:15 AM Page 6 of 7
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 36 31 0.00 127,969.43
Packet Totals: 36 31 0.00 127,969.43
Type
Payment
Count Discount Payment
Payable
Bank Code Count
PY Check11 0.00 15.24
Packet Totals:
11 0.00 15.24
3.A.1
Attachment: Demand Register(s) of May 11, 2024 - May 24, 2024 (Demand Register(s) of May 11, 2024 - May 24, 2024.) Payment Register APPKT00687 - FOR AP 5/23/2024
5/24/2024 11:24:15 AM Page 7 of 7
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -127,984.67
Packet Totals: -127,984.67
3.A.1
Attachment: Demand Register(s) of May 11, 2024 - May 24, 2024 (Demand Register(s) of May 11, 2024 - May 24, 2024.)
3.B.1
Attachment: Payroll Register(s) of May 10, 2024 (Approval of Payroll Register(s) of May 10, 2024.)
3.B.1
Attachment: Payroll Register(s) of May 10, 2024 (Approval of Payroll Register(s) of May 10, 2024.)
3.B.1
Attachment: Payroll Register(s) of May 10, 2024 (Approval of Payroll Register(s) of May 10, 2024.) Arvin City Council Meeting Minutes – May 14, 2024
REGULAR MEETING MINUTES
ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE
ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING AUTHORITY /
ARVIN PUBLIC FINANCING AUTHORITY
MAY 14, 2024
CALL TO ORDER @ 6:02PM
PLEDGE OF ALLEGIANCE
INVOCATION
ROLL CALL: Mayor Borreli absent; All others present. CM Murillo absent during all Closed Session items.
1. APPROVAL OF AGENDA AS TO FORM.
Motion to approve the Agenda.
Motion CM Horton Second CM Tarver Vote 4-0
2. PUBLIC COMMENTS
(This is the opportunity for the public to address the City Council on any matter on the agenda or any item of interest to the public that is within the subject matter jurisdiction of the City Council.)
3. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of April 19, 2024 – May 10, 2024.
B. Approval of Payroll Register(s) of April 26, 2024.
C. Approval of the Minutes of the Regular Meeting(s) of April 23, 2024.
D. Approval of A Proclamation Proclaiming May 2024 as Community Action Month.
E. Approval of A Resolution of the City Council of the City of Arvin Calling and Giving Notice of the Holding of A General Municipal Election to be Held on Tuesday, November 05, 2024, for the Election of One (1) Mayor and One (1) Member of the City Council.
Resolution No. 2024-24
F. Approval of A Resolution of the City Council of the City of Arvin Requesting the Board of Supervisors of the County of Kern to Consolidate A General Municipal Election to be Held on Tuesday November 05, 2024 with the Statewide General Election to be Held on the Same Date.
Resolution No. 2024-25
3.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of May 14, 2024 (Minutes of the Regular Meeting(s) of May 14, 2024.) Arvin City Council Meeting Minutes – May 14, 2024
G. Approval of A Resolution of the City Council of the City of Arvin Approving the Engineer’s Report for Landscaping and Lighting Maintenance District No. 1.
Resolution No. 2024-26
H. Approval of A Resolution of the City Council of the City of Arvin Declaring Intention to Levy and Collect Assessments Within Landscaping and Lighting Maintenance District No. 1 Commencing Fiscal Year 2024-2025 Pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, and Appointing A Time and Place for Hearing Objections Thereto.
Resolution No. 2024-27
I. Approval of A Resolution of the City Council of the City of Arvin Approving the Engineer’s Report for Landscaping and Lighting Maintenance District No. 2.
Resolution No. 2024-28
J. Approval of A Resolution of the City Council of the City of Arvin Declaring Intention to Levy and Collect Assessments Within Landscaping and Lighting Maintenance District No. 2 Commencing Fiscal Year 2024-2025 Pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, and Appointing A Time and Place for Hearing Objections Thereto.
Resolution No. 2024-29
K. Approval of A Resolution of the City Council of the City of Arvin Consenting to the Submittal of A Grant Application and Application Documents to the California Department of Transportation for the Low Carbon Transit Operations Program (LCTOP); and Authorizing Related Actions for the Following Project: Arvin Electric Bus Infrastructure Installation Project $52,847.
Resolution No. 2024-30
Staff recommends approval of the consent agenda.
Motion to approve Consent Agenda Items 3A – 3K.
Motion CM Tarver Second CM Horton Vote 4-0
4. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider Adoption and Second Reading of An Ordinance of the City of Arvin, California, Amending the Official Zoning Map, Heretofore Adopted by Section 17.06.020 of the Arvin Municipal Code, Being the Zoning Ordinance of the City of Arvin, for Zone Change 2024-01 – Comanche Drive and Varsity Avenue. The Ordinance proposes a Zone Change from R-1 Single Family Dwelling – PUD Planned Urban Development to R-4 Multiple Family Residential, Uncodified Ordinance. (City Planner) Staff recommends the Council continue this public hearing to the following regular City Council meeting of May 28, 2024.
3.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of May 14, 2024 (Minutes of the Regular Meeting(s) of May 14, 2024.) Arvin City Council Meeting Minutes – May 14, 2024
Hearing opened.
Public Testimony: Six (6) members of the public spoke in opposition to the Ordinance.
Motion to continue the public hearing to the following regular City Council meeting of May 28, 2024.
Motion CM Horton Second CM Murillo Vote 3-1 (CM Tarver voted No.) B. A Public Hearing to Consider Adoption of A Resolution of the City Council of the City of Arvin to Adopt the General Plan Amendment - GPA 2024-01 – 2023-2031 Housing Element and the Fair Housing Analysis Dated May 2024; and Authorize Staff to Submit the Housing Element to the State of California Department of Housing and Community Development (HCD) for Final Review; and Accept the Notice of Exemption per the California Environmental Quality Act (CEQA). (City Planner)
Staff recommends that the City Council adopt the Resolution of the City Council of the City of Arvin to Adopt General Plan Amendment – GPA 2024- 01 - 2023-2031 Housing Element and the Fair Housing Analysis Dated May 2024, and Authorize Staff to forward the adopted Housing Element to the State of California Department of Housing and Community Development for Final Review and Accept CEQA Determination of a Notice of Exemption of the California Environmental Quality Act (CEQA).
Hearing opened.
No public testimony received.
Hearing closed.
Motion to adopt the Resolution.
Motion CM Murillo Second CM Tarver Vote 4-0
Resolution No. 2024-31
C. A Public Hearing to Consider Introduction of An Ordinance of the City Council of the City of Arvin, California, Amending Appendix A to Chapter 1.24 of the Arvin Municipal Code Relating to the City’s Conflict of Interest Code. (City Clerk)
Staff recommends the City Council consider introducing the Ordinance to be read by title only, open the hearing, allow for public testimony, close the hearing, waive first reading of the Ordinance, and approve the introduction of the Ordinance.
Hearing opened.
No public testimony received.
Hearing closed.
Motion to waive first reading of the Ordinance and approve the introduction of the Ordinance.
Motion CM Murillo Second CM Horton Vote 4-0
3.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of May 14, 2024 (Minutes of the Regular Meeting(s) of May 14, 2024.) Arvin City Council Meeting Minutes – May 14, 2024
D. A Public Hearing to Consider Adoption of A Resolution of the City Council of the City of Arvin to Approve Municipal Sewer Rates for Fiscal Year 2024/2025 to 2028/2029. (City Manager)
Staff recommends the City Council open the hearing, allow for public testimony, close the hearing, and adopt the Resolution.
Hearing opened.
Public Testimony:
- The City received five (5) written protest in opposition of the sewer rate increase.
- Two (2) members of the public spoke in opposition of the sewer rate increase. - Two (2) members of the public provided comments indicating those in a multifamily resident property and business properties should pay more than those in a single-family resident property.
- One (1) member of the public requested that the Council table this item to the following City Council meeting so that the public may obtain further information related to the aging infrastructure of the wastewater treatment facility.
- One (1) member of the public provided comments indicating the sewer rate increase was reasonable.
Motion to approve the Resolution.
Motion CM Horton Second CM Reyes Vote 3-0-1 (CM Murillo abstained) Resolution No. 2024-32
5. ACTION ITEM(S)
A. Consideration and Approval of Appointment of A Council Member to Fill the Vacant Seat to Serve as the City of Arvin’s Primary Board Member for Kern Council of Governments (Kern COG). (City Clerk)
Staff recommends that the Council nominate and appoint a member of the City Council to serve as the Primary Board Member for Kern COG.
Councilmember Horton nominated Mayor Pro Tem Reyes.
Councilmember Tarver nominated Mayor Pro Tem Reyes.
Motion CM Horton Second CM Tarver Vote 4-0
Mayor Pro Tem Susana Reyes was appointed to serve as the City of Arvin’s Primary Board Member for Kern Council of Governments.
B. Consideration and Approval of Amendment No. 1 to the Professional Consultant Services Agreement between the City of Arvin and Carollo Engineers, Inc. for Funding and Permitting Assistance. (City Manager)
3.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of May 14, 2024 (Minutes of the Regular Meeting(s) of May 14, 2024.) Arvin City Council Meeting Minutes – May 14, 2024
Staff recommends approval of Amendment No. 1 to the Professional Consultant Services Agreement between the City of Arvin and Carollo Engineers, Inc. for Funding and Permitting Assistance.
Motion to approve Amendment No. 1 to the Professional Consultant Services Agreement.
Motion CM Tarver Second CM Murillo Vote 4-0
Agreement No. 2024-18
C. City Council of the City Arvin Review and Public Comment Opportunity for the Bureau of Justice Assistance (BJA) 2023 Edward Byrne Memorial Justice Assistance Grant (JAG). (Grants Manager)
Staff recommends the City Council review the BJA 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) and allow for public testimony.
Motion to approve the review of the BJA 2023 Edward Byrne Memorial Justice Assistance Grant (JAG) and allow for public testimony. No public testimony received.
Motion CM Murillo Second CM Tarver Vote 4-0
D. Consideration and Approval of Reimbursement Agreement between the City of Arvin and Lahav Green Energy Ltd. Related to A Proposed Solar Project. (City Manager)
Staff recommends approval of the Reimbursement Agreement.
Motion to approve the Reimbursement Agreement.
Motion CM Tarver Second CM Horton Vote 4-0
Agreement No. 2024-19
6. CITY MANAGER’S REPORT
7. COUNCIL MEMBER COMMENTS
8. CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LABOR NEGOTIATORS (Government Code
§54957.6):
Agency Negotiator: City Manager
Employee Organizations: Arvin Police Officers Association (APOA) and Central California Association of Public Employees SEIU Local 521.
3.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of May 14, 2024 (Minutes of the Regular Meeting(s) of May 14, 2024.) Arvin City Council Meeting Minutes – May 14, 2024
B. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): five cases C. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) D. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to
Government Code §54957(b)(1)
Position: City Manager
CLOSED SESSION REPORT BY CITY ATTORNEY:
8A. No reportable action.
8B. Case 1: No reportable action.
Case 2: Removed from the Agenda.
Case 3: The City Council provided direction to the City Attorney for potential negotiations.
Case 4: The City Council provided direction to the City Manager to order appraisal of real property.
Case 5: No reportable action.
8C. The City Council provided direction to the City Manager to schedule a meeting concerning farming related to the Wastewater Treatment Facility. 8D. No reportable action; continued until the next council meeting.
9. ADJOURNED @ 9:21PM
Respectfully submitted,
Cecilia Vela, City Clerk
3.C.1
Attachment: Minutes of the Regular Arvin City Council Meeting of May 14, 2024 (Minutes of the Regular Meeting(s) of May 14, 2024.)
CITY OF ARVIN
Staff Report
Meeting Date: May 28, 2024
TO: Arvin City Council
FROM: Christine Viterelli, Grants Manager
Jeff Jones, City Manager
SUBJECT: A Resolution of the City Council of the City of Arvin Approving the 2024 Transit Asset Management Plan (TAM); Authorizing Related Actions.
BACKGROUND:
The Federal Transit Administration requires that all transit agencies applying for FTA 5311 and 5339 funds develop a Transit Management Asset Plan (TAM), which must be updated every four years. The City of Arvin staff developed its first plan in 2018, updated it in 2022, and now requests approval and adoption of its draft 2024 TAM.
The City plans to increase its transit operations to provide extended services to its residents based on prior transit needs assessments, outreach conducted over the last two years, resident survey responses, provisions for the new Arvin City College opening in 2024, and the future Tejon Casino opening in 2025.
Planning for expanded operations will result in access to workforce development and quality job opportunities for Arvin residents. The City has also submitted a 2023 Transit and Intercity Rail Capital Program (TIRCP) and Zero Emission Transit Capital Program (ZETCP) grant, providing additional operations and capital improvements. The City also has applied to 2023 LCTOP funds and State of Good Repair Funds (SGR). It should be noted that the anticipated funding resources 5311, 5339, TIRCP AND ZETCP, SGR, and LCTOP can only fund transit operations and transit capital improvements.
The City must also update and plan for the future spare ratio of buses to meet the needs of the expanded transit operations and ensure that the revised 2024 plan aligns with the funding resources previously applied to and for future planned transit grant applications.
STAFF RECOMMENDATION:
Staff recommends approval of the Resolution.
FINANCIAL IMPACT:
No fiscal impact. Expanded transit operations and capital improvements will be grant-funded.
ATTACHMENTS:
2024 DRAFT Transit Asset Management Plan (TAM)- City of Arvin
3.D.1
Attachment: Staff Report 2024 TAM Draft 5.28.24 (Reso Adopting the 2024 TAM Plan)
Reso of the City Council of the City of Arvin Adopting the 2024 Transit Asset Management Plan (TAM) RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
APPROVING THE 2024 TRANSIT ASSET MANAGEMENT PLAN (TAM)
AND AUTHORIZING RELATED ACTIONS
WHEREAS, the Federal Transportation Administration (FTA) requires that all public agencies receiving Section 5311 and 5339 Federal Funds must establish and implement a Transit Asset Management Plan (TAM) every 4 years under 49 U.S.C. 5326; and WHEREAS, the TAM rule in 49 CFR Parts 625 and 630 provides a basic framework that all transit agencies must prepare and report to the National Transit Database (NTB); and WHEREAS, the FTA requires the City of Arvin Transit to set and track annual performance targets for the following asset categories: rolling stock, equipment, facilities, and infrastructure, and
WHEREAS, the TAM must document the City of Arvin’s processes and activities related to its transit assets and include performance targets for the purposes of maintaining a state of good repair and assuring the safety of its transportation assets; and WHEREAS, the TAM and ongoing updates must be signed by the Accountable Executive and approved by the City Council of the City of Arvin; and WHEREAS, The City of Arvin Transit Department has established a written 2024 Draft TAM that complies with all parts of 49 CFR Part 625 and 630 and is dedicated to its ongoing transition to electric vehicles to reduce greenhouse gases and reduce transit maintenance costs.
NOW, THEREFORE, BE IT RESOLVED THAT: The City Council of the City of Arvin does hereby;
Section 1: Approve and Adopt the 2024 Arvin Transit Asset Management (TAM) Plan.
Section 2: Authorizes the City Manager to certify the Transit Asset Management Plan and execute all related documents, subject to the City Attorney's approval as to legal form.
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3.D.2
Attachment: Reso re 2024 TAM Adoption 5.28.24 (Reso Adopting the 2024 TAM Plan)
Reso of the City Council of the City of Arvin Adopting the 2024 Transit Asset Management Plan (TAM) 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 28th day of May 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
Exhibit: Draft 2024 Transit Asset Management Plan (TAM) 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.
3.D.2
Attachment: Reso re 2024 TAM Adoption 5.28.24 (Reso Adopting the 2024 TAM Plan) C i t y o f A r v i n
City of Arvin – Transit Asset Management Plan 2024
2024 Transit Asset Management Plan
DRAFT
TAM Plan Type: Tier II
Accountable Executive: Jeff Jones
Date: May 3, 2024
Prepared by: Moore & Associates, Inc.
Valencia, CA
Adopted by the Arvin City Council on May 28, 2024
Signature of Accountable Executive Date
3.D.3
Attachment: 2024 Arvin Transit TAM Plan_5.3.24 (Reso Adopting the 2024 TAM Plan) C i t y o f A r v i n
City of Arvin – Transit Asset Management Plan 2024
Table of Contents
Section 1 | Introduction.............................................................................. 01 Section 2 | Asset Inventory......................................................................... 03 Section 3 | Condition Assessment............................................................... 06 Section 4 | Decision Support....................................................................... 09 Section 5 | Investment Priorities/Fleet Replacement Plan .......................... 10
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Attachment: 2024 Arvin Transit TAM Plan_5.3.24 (Reso Adopting the 2024 TAM Plan) C i t y o f A r v i n Page 1
City of Arvin – Transit Asset Management Plan 2024
Section 1 | Introduction
The City of Arvin is located in Kern County, in California's Central Valley, approximately 100 miles north of Los Angeles and 20 miles southeast of Bakersfield. The city's population in 2023 stands at just over 19,600.
Arvin Transit provides fixed-route and demand-response public transit service.
Fixed-route service includes a local (intracity) route, a route connecting Arvin with neighboring Lamont, a route linking Arvin with the Tejon Ranch/IKEA Industrial Complex, and a route connecting Arvin with Bakersfield. Service is operated Monday through Friday from 7:00 a.m. to 4:30 p.m. (Note: The Tejon Ranch route includes one early-morning trip at 4:00 a.m.).
Dial-A-Ride service is provided within Arvin city limitsfor seniors (age 60 and over) as well as ADA-certified individuals. Each vehicle is assigned to a specific route or service, resulting in one spare.
The Central Valley, given its geographic characteristics, experiences ongoing challenges with air quality.
Arvin is located within a non-attainment area with respect to both eight-hour ozone and particulate matter 2.5. As a result, the City has placed a priority on reducing its greenhouse gas emissions by committing to improvements in a number of different areas. City efforts include securing Urban Greening and Urban Forestry grants, as well as the purchase of battery-electric or hybrid-electric vehicles for both the transit and police departments. In addition, the City has installed and continues to develop a public electric vehicle charging station to further reduce greenhouse gas emissions within the community. The City is moving forward in a bold manner to exceed state-wide goals.
As a recipient of federal transportation funding, Arvin Transit is required by the Federal Transit Administration (FTA) to prepare a Transit Asset Management (TAM) Plan to optimize the utilization of its capital assets. Capital assets as defined by the FTA to include rolling stock (revenue vehicles), equipment (non-revenue vehicles), and facilities.
The purpose of this TAM Plan is to document the condition of the various assets and prepare for replacement based on each asset type’s useful life. The TAM Plan also provides a framework for effective decision-making with respect to capital assets. It is part of an overall mindset of continuous improvement and striving toward a high state of good repair for all capital assets.
Jeff Jones, City Manager of the City of Arvin, is the designated Accountable Executive for the City of Arvin Transit’s TAM Plan. As defined by 49 CFR Part 625, the City of Arvin must designate a single, identifiable individual as its Accountable Executive. The Accountable Executive is responsible for ensuring the TAM Plan is developed and implemented in accordance with 49 CFR 5326 and 5329(d) and has control over the human and capital resources needed to develop the TAM Plan in accordance with Federal regulations.
Arvin Transit’s TAM Plan includes a series of tables derived from the FTA’s TAMPlate application.
As part of the ongoing planning process, Arvin Transit is required to set annual targets for key performance measures for each capital asset class. They are presented as percentages that refer to the percent of vehicles within that asset class that have met or exceeded their Useful Life Benchmark (ULB). For facilities, percentages refer to the percent of facilities that are rated less than 3.0 on the FTA’s Transit Economic
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City of Arvin – Transit Asset Management Plan 2024
Requirements Model (TERM) scale1. The City’s annual targets are presented in Exhibit 1.1. The targets presented in Exhibit 1.1 are reflective of the custom ULBs proposed for the City of Arvin, which are discussed in greater detail in Section 3 and will be submitted as part of the FY 2023/24 National Transit Database reporting process.
Exhibit 1.1 Asset Performance Targets
Asset Category –
Performance Measure Asset Class 2024Target
2025
Target
2026
Target
2027
Target
2028
Target
2029
Target
Revenue Vehicles
Age - % of vehicles that
have met or exceeded
their ULB
BU – Bus 0% 0% 0% 0% 0% 0%
CU – Cutaway Bus 100% 0% 0% 0% 0% 0%
Equipment
Age - % of vehicles that
have met or exceeded
their ULB
Non-revenue/
service vehicles 0% 0% 0% 0% 0% 0%
Facilities
Condition - % of facilities
with a condition rating
below 3.0 on the TERM
Scale
Administration 0% 0% 0% 0% 0% 0%
Maintenance 0% 0% 0% 0% 0% 0%
1 See Section 3 for further description of FTA Useful Life Benchmarks and the Transit Economic Requirements Model.
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Attachment: 2024 Arvin Transit TAM Plan_5.3.24 (Reso Adopting the 2024 TAM Plan) C i t y o f A r v i n Page 3
City of Arvin – Transit Asset Management Plan 2024
Section 2 | Asset Inventory
This section provides an inventory of the assets used by City of Arvin Transit in the provision of transit service. Assets are divided into three categories:
1. Revenue Vehicles (further identified by vehicle type),
2. Equipment (further categorized as Non-Revenue/Service Automobile, Steel Wheel Vehicles, or Trucks and Other Rubber Tire Vehicles), and
3. Facilities (further categorized as Administration, Maintenance, Parking Structures, or Passenger Facilities).
Revenue Vehicles are identified as one of the following vehicle types:
AB – Articulated Bus
AO – Automobile
BR – Over-the-Road Bus
BU – Bus
CU – Cutaway Bus
DD – Double Decked Bus
FB – Ferry Boat
MB – Mini-bus
MV – Minivan
RT – Rubber Tire Vintage Trolley
SB – School Bus
SV – Sport Utility Vehicle
TB – Trolleybus
VN – Van
City of Arvin Transit currently uses two types of revenue vehicles: Bus and Cutaway Bus.
3.D.3
Attachment: 2024 Arvin Transit TAM Plan_5.3.24 (Reso Adopting the 2024 TAM Plan) C i t y o f A r v i n Page 4
City of Arvin – Transit Asset Management Plan 2024
Exhibit 2.1 Asset Inventory Summary Table
Asset Category/Class Total
Number
Average
Age
Average
Mileage
Average
Replacement
Cost/ Value
Total
Replacement
Cost/ Value
Revenue Vehicles 5 8.0 122,037 $1,210,00.00 $6,050,000.00 BU - Bus 4 6.5 110,075 $1,400,000.00 $5,600,000.00
CU - Cutaway Bus 1 14.0 169,887 $450,000.00 $450,000.00 Equipment 2 2.0 N/A $41,500.00 $83,000.00
Non-Revenue/Service Automobile 2 9.0 N/A $41,500.00 $83,000.00 Facilities 2 11.0 N/A $750,000.00 $1,500,000.00
Administration 1 18.0 N/A $600,000.00 $600,000.00
Maintenance 1 4.0 N/A $900,000.00 $900,000.00
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Attachment: 2024 Arvin Transit TAM Plan_5.3.24 (Reso Adopting the 2024 TAM Plan) C i t y o f A r v i n Page 5
City of Arvin – Transit Asset Management Plan 2024
Exhibit 2.2 Asset Inventory – Detail
Asset
Category Asset Class Asset Name Make Model Count ID/Serial No.
Asset
Owner
Acquisition
Year
Vehicle
Mileage
Unit Replacement
Cost/Value
Equipment
Non-Revenue/
Service
Automobile
#555 Ford Mach-E
Electric 1 555 City of Arvin 2022 3,556 $50,000.00
Equipment
Non-Revenue/
Service
Automobile
#777 Ford Escape
Hybrid 1 777 City of Arvin 2022 9,175 $33,000.00
Facilities Administration Arvin Transit 1 18924 City of Arvin 2006 $600,000.00
Facilities Maintenance Park & Ride Electric
Charging Station 1 CHARG01 City of Arvin 2020 $900,000.00 Revenue
Vehicles BU - Bus #203 EV – 205 EV –207 EV Proterra Catalyst 35 3 203-EV,
205-EV,
207-EV
City of
Arvin 2019 265,706 $1,400,000.00
Revenue
Vehicles BU - Bus #211 Glaval Freightliner 1 211 City of Arvin 2013 174,596 $1,400,000.00 Revenue
Vehicles
CU - Cutaway
Bus #110 Glaval Ford 450 1 110 City of Arvin 2010 169,887 $450,000.00
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City of Arvin – Transit Asset Management Plan 2024
Section 3 | Condition Assessment
In order to ensure capital assets, remain in a state of good repair, their condition must be assessed on a regular basis. The default measure of condition is based on age (for rolling stock) and overall condition (facilities).
Vehicle Condition
The Federal Transit Administration (FTA) has set
a default Useful Life Benchmark (ULB) for each
vehicle type. The ULB is the average age-based
equivalent of a 2.5 rating on the FTA Transit
Economic Requirements Model (TERM) scale.
While transit agencies can adjust their ULBs
based on actual operating conditions (with
approval by FTA), the City has traditionally used
the useful life standards provided by the FTA in
its Standard Agreement with the City of Arvin.
A challenge inherent to any new propulsion technology – such as battery-electric – is a solid understanding of how it will function in the environment. Given the relatively short time battery-electric buses have been in service, it is difficult to predict their useful life with any accuracy in the Arvin operating environment. While the City has traditionally utilized a ULB of 10 years for its large buses, it is unknown whether this metric continues to be appropriate. In addition, after 2025, the vehicles are expected to accrue mileage at a greater rate due to a planned service expansion. As a result, the ULBs used in this Plan are somewhat hypothetical. The City of Arvin will continue to monitor how its battery-electric vehicles perform and ensure any necessary changes to the ULB are reflected in the annual National Transit Database reporting and future updates of the TAM Plan.
Facility Condition
Facility condition is assessed using the TERM scale. The TERM scale rates the condition of an asset on a scale of one to five:
• 1 = Poor (asset is in need of immediate repair or replacement or may have critically damaged components)
• 2 = Marginal (asset is reaching or is just past the end of its useful life; there are an increasing number of defective or deteriorated components and increasing maintenance needs) • 3 = Adequate (asset has reached its mid-life; some moderately defective or deteriorated components)
• 4 = Good (asset shows minimal signs of wear; some slightly defective or deteriorated components) • 5 = Excellent (asset is new with no visible defects)
The two City of Arvin Transit facilities are assessed as a four and five on the TERM scale. This is considered to be in adequate repair according to the FTA.
3.D.3
Attachment: 2024 Arvin Transit TAM Plan_5.3.24 (Reso Adopting the 2024 TAM Plan) C i t y o f A r v i n Page 7
City of Arvin – Transit Asset Management Plan 2024
Exhibit 3.1 Asset Condition Summary Table
Asset Category/Class Count Average
Age
Average
Mileage
TERM Scale
Condition
Average
Replacement
Cost/Value
Total
Replacement
Cost/Value
% at or past
ULB
Revenue Vehicles 5 8.0 122,037 N/A $1,210,000.00 $6,050,000.00 20% BU - Bus 4 6.5 110,075 N/A $1,400,000.00 $5,600,000.00 0% CU - Cutaway Bus 1 14.0 169,887 N/A $450,000.00 $450,000.00 100% Equipment 2 2.0 N/A N/A $41,500.00 $41,500.00 0%
Non-Revenue/Service Automobile 2 2.0 N/A N/A $41,500.00 $41,500.00 0% Facilities 2 11.0 N/A 4.5 $750,000.00 $1,500,000.00 N/A Administration 1 18.0 N/A 4 $600,000.00 $600,000.00 N/A Maintenance 1 4.0 N/A 5 $900,000.00 $900,000.00 N/A
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City of Arvin – Transit Asset Management Plan 2024
Exhibit 3.2 Asset Condition – Detail (Revenue Vehicles and Equipment) Asset Category Asset Class Asset Name Count ID/Serial
No.
Age
(Years)
Vehicle
Mileage
Unit
Replacement
Cost/Value
ULB
(Years)
Past
ULB?
Revenue Vehicles BU - Bus #203 EV – 205 EV –
207 EV 3
203-EV,
205-EV,
207-EV
5 88,569 $1,400,000.00 10 No
Revenue Vehicles BU - Bus #211 1 211 11 174,596 $1,400,000.00 10 Yes Revenue Vehicles CU - Cutaway Bus #110 1 110 14 169,887 $450,000.00 5 Yes Equipment Non-Revenue/
Service Automobile #555 1 555 2 3,556 $50,000 8 No
Equipment Non-Revenue/
Service Automobile #777 1 777 2 9,175 $33,000 8 No
Exhibit 3.3 Asset Condition – Detail (Facilities)
Asset Category Asset Class Asset Name Count Age
(Years)
TERM Scale
Condition
Replacement
Cost/Value
Facilities Administration Arvin Transit 1 18 4 $600,000.00 Facilities Maintenance Park & Ride Electric Charging Station 1 4 5 $900,000.00
3.D.3
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City of Arvin – Transit Asset Management Plan 2024
Section 4 | Decision Support
The City of Arvin’s Asset Management Policy and Asset Management Goals and Objectives inform the agency’s capital asset decision making.
Asset Management Policy
The City of Arvin is committed to establishing an asset management system that supports its mission of providing a safe, efficient, and reliable transportation service while protecting the environment.
TAM Vision
Through careful and appropriate asset management, the City of Arvin will realize increased ridership, extension of routes, and adding trips to existing routes. The City has placed a high priority on a clean transit program through its transition to battery-electric vehicles. The City has also expanded its vision to include a renewable solar microgrid with battery backup for public safety power shutoff (PSPS) resiliency.
Asset Management Goals and Objectives
In support of this asset management policy, three specific goals and objectives have been identified.
1. Convert to a 100 percent electric fleet – The fleet is projected to be 100 percent electric by 2025, which exceeds the state-wide goal of 100 percent by 2040.
2. Increase reliance on renewable energy – Utilize a solar-powered microgrid and battery storage to support PSPS resiliency for essential City and transit operations, especially in the event of an emergency.
3. Expand transit operations – The City plans to expand its fixed-route service by extending service hours on several of its routes and offering more trips per day. It also intends to launch a route between Arvin and the Tejon Casino, which is expected to open in Summer 2025.
Decision Support
Decision support for the City’s Transit Asset Management program is guided by state and federal transit and climate initiatives. These include:
• State Climate Initiatives: The City looks to state climate initiatives (such as AB 32) to guide its goals for the reduction of greenhouse gas emissions and use of clean-air vehicles. Decision support is also provided by microgrid programs in response to climate emergencies (including public safety power shutoffs) arising from the increased risk of wildfires. • State Transit Initiatives: The City looks to state funding initiatives (such as SB-1) to provide capital funding for fleet replacement and conversion of the fleet to zero-emission. Decision support is also provided through programs such as the California Air Resources Board's Innovative Clean Transit (ICT) initiative.
• Federal Transit Initiatives: The City seeks federal funding initiatives (such as the FTA's Low-No and Bus and Bus Facilities programs under Section 5339) to provide capital funding for fleet replacement and conversion of the fleet to zero-emission. Decision-making is also guided by initiatives such as Justice 40, which seeks to ensure that at least 40 percent of federal climate investments go directly to front-line communities most affected by poverty and pollution.
Future investment needs are determined by established priority lists based on asset condition and useful life. Proper investment planning is essential so as not to affect the core operating services of transit.
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Attachment: 2024 Arvin Transit TAM Plan_5.3.24 (Reso Adopting the 2024 TAM Plan) C i t y o f A r v i n Page 10
City of Arvin – Transit Asset Management Plan 2024
Section 5 | Investment Priorities/Fleet Replacement Plan The City of Arvin maintains a fleet replacement plan, which is consistent with the Useful Life Benchmarks used in the TAM Plan. The City is in the process of transitioning its fleet to battery-electric zero-emission vehicles, which is expected to be completed by 2025. The City is committed to a zero-emission fleet due in part to its location within an air pollution non-attainment area.
In addition to programmed fleet replacement and transition to a battery-electric fleet, the City of Arvin has identified the following as capital investment priorities:
• Replacement of one cutaway and two buses with battery-electric vehicles, • Addition of an expansion cutaway (battery-electric) to increase the spare ratio for the demandresponse service, • Addition of two expansion buses (battery-electric) to increase the spare ratio for the fixed-route service and accommodate expansion, and
• Installation of a solar renewable microgrid to provide public safety power shutoff (PSPS) resiliency.
The microgrid is an especially high priority project for the City. In the summer of 2021, Arvin experienced several brown-outs when Pacific Gas and Electric (PG&E) shut down power transmission due to high usage. Such shutoffs may also occur during periods of extreme wildfire danger. The proposed microgrid would enable the City to retain electric power via battery storage – including keeping battery-electric transit vehicles operational. A renewable resource, the microgrid would allow City Hall, Arvin Transit, and the Police Department to be fully operational for three days. While the City would still be linked to the PG&E grid, it would not be completely dependent on them. It is expected the microgrid will also provide valuable resources in the event of an emergency or natural disaster requiring City response.
Investment priorities are shown in Exhibit 5.1.
Exhibit 5.1 Investment Priorities
Project Name Project
Year
Asset
Category Asset Class Unit Cost Priority
Replace 2010 gas cutaway
(#110) with electric cutaway
2024
Revenue
Vehicles CU – Cutaway Bus $450,000.00 High
Replace 2013 diesel bus (#209)
with electric bus 2024 Revenue Vehicles CU – Cutaway Bus $1,150,000.00 High Replace 2013 diesel bus (#211)
with electric bus 2025 Revenue Vehicles BU - Bus $1,400,000.00 High Purchase new (small) electric
cutaway
2025 Revenue
Vehicles CU – Cutaway Bus $450,000.00 Medium
Purchase new electric bus 2025 Revenue
Vehicles BU - Bus $1,400,000.00 High
Purchase new electric bus 2026 Revenue
Vehicles BU - Bus $1,400,000.00 Medium
The three replacement vehicles (one cutaway and two buses) will replace conventionally fueled vehicles (gas and diesel) with battery-electric vehicles of the same asset class. Two of the vehicles (#110 and #211) are currently in active service, while one (#209) has already been disposed of but not yet replaced. The expansion vehicles planned for 2025 and 2026 would increase the fleet to nine vehicles, thereby
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City of Arvin – Transit Asset Management Plan 2024
increasing the spare ratios for both fixed-route and demand-response services while also providing sufficient assets for service expansion.
The City has identified several opportunities forservice expansion. Bakersfield City College will be opening its Arvin campus in Winter 2024. As such, there is expected to be additional demand for service to the college in future years. In addition, planned expansion includes the following, which are expected to be implemented on or before July 1, 2025:
• Arvin Local Route – expanding the service span by two hours (going from 19 trips per day to 23 trips per day with 30-minute frequency).
• Arvin-Bakersfield Route – extending daily service by four hours(going from 19 trips to 23 trips per day) It would operate from 6 a.m. to 4 p.m. and add a couple of trips that were not operated before.
• Arvin-Lamont Route – electric bus service would be expanded to this route in 2025. It would operate Monday through Friday from 7 a.m. to 5 p.m., 17 trips per day. The route currently offers 12 trips per day.
• Arvin-Tejon Industrial Park/IKEA – there is potential for expansion of this route, which currently operates two round trips per day.
• Arvin-Tejon Casino Route – this new route would serve the new Tejon Casino, which is expected to open in Summer 2025. The route would operate seven days per week, 13 hours per day. One of the expansion vehicles would be dedicated to this route.
Continued development of the charging infrastructure at the Park and Ride facility is expected to be able to provide overflow to dedicated transit charging stations. The installation of the microgrid is also likely to add another bus charger.
Exhibit 5.2 ages the existing fleet, showing the number of each vehicle type/years remaining in each of the next five years. Exhibit 5.3 identifies the year of replacement for revenue vehicles in the current fleet, based on the default Useful Life Benchmark (ULB). Exhibit 5.4 calculates the required purchase of revenue vehicles per year. An inflation rate of three percent is used to estimate year-of-expenditure costs based on current value. Exhibit 5.5 provides a graphical representation of fleet development.
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Attachment: 2024 Arvin Transit TAM Plan_5.3.24 (Reso Adopting the 2024 TAM Plan) C i t y o f A r v i n Page 12
City of Arvin – Transit Asset Management Plan 2024
Exhibit 5.2 Existing Remaining Fleet Per Year
Fleet Type (Year/Make/Model) Number Replacement
Cost
Acquisition
Year ULB 2024 2025 2026 2027 2028 2029
2019 Proterra Catalyst 35 3 $1,400,000.00 2019 10 3 3 3 3 3 3 2013 Glaval Freightliner 1 $1,400,000.00 2013 10 0 0 0 0 0 0 2010 Glaval Ford 450 1 $450,000.00 2010 5 0 0 0 0 0 0
Grand Total 3 3 3 3 3 3
Exhibit 5.3 Fleet Required
Fleet Type
(Year/Make/Model)
2024 2025 2026 2027 2028
Peak
Vehicles
Scheduled
Spare
Factor
Vehicles
Required
Peak
Vehicles
Scheduled
Spare
Factor
Vehicles
Required
Peak
Vehicles
Scheduled
Spare
Factor
Vehicles
Required
Peak
Vehicles
Scheduled
Spare
Factor
Vehicles
Required
Peak
Vehicles
Scheduled
Spare
Factor
Vehicles
Required
2019 Proterra
Catalyst 35 2 33% 3 2 33% 3 2 33% 3 2 33% 3 2 33% 3
2013 Glaval
Freightliner 1 100% 2 2 50% 3 3 33% 4 3 33% 4 3 33% 4
2010 Glaval Ford
450 1 0% 1 1 100% 2 1 100% 2 1 100% 2 1 100% 2
3.D.3
Attachment: 2024 Arvin Transit TAM Plan_5.3.24 (Reso Adopting the 2024 TAM Plan) C i t y o f A r v i n Page 13
City of Arvin – Transit Asset Management Plan 2024
Exhibit 5.4 New Fleet
2024 2025 2026 2027 2028
Fleet Type (Year/Make/Model) Number Unit Cost in
2024 $
Number Unit Cost in
2024 $
Number Unit Cost in
2024 $
Number Unit Cost in
2024 $
Number Unit Cost
in 2024 $
2010 Glaval Ford 450 1 $450,000.00 1 $450,000.00 0 $0.00 0 $0.00 0 $0.00 2019 Proterra Catalyst 35 0 $0.00 1 $1,400,000.00 1 $1,400,000.00 0 $0.00 0 $0.00 2013 Glaval Freightliner 1 $1,400,000.00 1 $1,400,000.00 0 $0.00 0 $0.00 0 $0.00 Total in Current Year $ $1,850,000.00 $3,250,000.00 $1,400,000.00 $0.00 $0.00 Inflation Rate 0.0% 3.0% 6.0% 9.0% 12.0%
Compounded Inflation 1.000 1.030 1.060 1.090 1.120
Total in Year of Expenditure $ $360,500.00 $3,347,500.00 $1,484,000.00 $0.00 $0.00 Exhibit 5.5 Fleet Development Through 2029
Blue = existing fleet | orange = replacement fleet | yellow = expansion fleet | X = vehicle purchase Vehicle Asset
Class 2024 2025 2026 2027 2028 2029
2010 Glaval Ford 450 (#110) CU
2013 Glaval Freightliner (#209) (already disposed) BU
2013 Glaval Freightliner (#211) BU
2019 Proterra Catalyst 35 (#203) BU
2019 Proterra Catalyst 35 (#205) BU
2019 Proterra Catalyst 35 (#207) BU
Replacement: 2024 electric cutaway (#110) CU X
Replacement: 2024 electric bus (#209) BU X
Replacement: 2025 electric bus (#211) BU X
Expansion: 2025 electric cutaway CU X
Expansion: 2025 electric bus BU X
Expanion: 2026 electric bus BU X
3.D.3
Attachment: 2024 Arvin Transit TAM Plan_5.3.24 (Reso Adopting the 2024 TAM Plan)
Staff Report re Reso Authorizing Federal Funding Under FTA Section 5311 and/or 5339.
CITY OF ARVIN
Staff Report
Meeting Date: May 28, 2024
TO: Arvin City Council
FROM: Jeff Jones, City Manager / Finance Director
SUBJECT: Approval of A Resolution of the City Council of the City of Arvin Authorizing the Federal Funding Under FTA Section 5311 (49 U.S.C. Section 5311) and/or 5339 (49 U.S.C. Section 5339) with California Department of Transportation.
BACKGROUND:
The U.S. Department of Transportation is authorized to make grants to states through the Federal Transit Administration to support capital/operating assistance projects for non-urbanized public transportation systems under Section 5311 of the Federal Transit Act (FTA C 9040.1G), and Section 5339 of the Federal Transit Act (FTA C 5100.1). The California Department of Transportation has been designated by the Governor of the State of California to administer Section 5311 and Section 5339 grants for transportation projects for the general public for the rural transit and intercity bus.
The City of Arvin desires to apply for said financial assistance to permit operation of service/purchase of capital equipment in Kern County. The City of Arvin has, to the maximum extent feasible, coordinated with other transportation providers and users in the region (including social service agencies).
STAFF RECOMMENDATION:
Staff recommends that the Council approve the Resolution authorizing the federal funding under FTA Section 5311 (49 U.S.C. Section 5311) and/or 5339 (49 U.S.C. Section 5339) with California Department of Transportation that includes authorizing the City Manage to file and execute applications on behalf of the City of Arvin with the California Department of Transportation to aid in the financing of capital/operating assistance projects pursuant to Section 5311 of the Federal Transit Act (FTA C 9040.1G), as amended, and pursuant to Section 5339 of the Federal Transit Act (FTA C 5100.1), as amended.
FINANCIAL IMPACT:
None.
ATTACHMENTS:
Resolution
3.E.1
Attachment: Staff Report re Reso Authorizing Federal Funding FTA Section 5311 and or 5339_052824 (Authorize Federal Funding Under FTA
Reso Authorizing Federal Funding Under FTA Section 5311 and/or 5339 with CalTrans.
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
AUTHORIZING THE FEDERAL FUNDING UNDER FTA SECTION 5311
(49 U.S.C. SECTION 5311) AND/OR 5339 (49 U.S.C. SECTION 5339) WITH CALIFORNIA DEPARTMENT OF TRANSPORTATION.
WHEREAS, the U. S. Department of Transportation is authorized to make grants to states through the Federal Transit Administration to support capital/operating assistance projects for nonurbanized public transportation systems under Section 5311 of the Federal Transit Act (FTA C 9040.1G), and Section 5339 of the Federal Transit Act (FTA C 5100.1); and WHEREAS, the California Department of Transportation (Department) has been designated by the Governor of the State of California to administer Section 5311 and Section 5339 grants for transportation projects for the general public for the rural transit and intercity bus; and WHEREAS, the City of Arvin desires to apply for said financial assistance to permit operation of service/purchase of capital equipment in Kern County; and WHEREAS, the City of Arvin has, to the maximum extent feasible, coordinated with other transportation providers and users in the region (including social service agencies).
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the City Council of the City of Arvin as follows:
Section 1. The City Manager is authorized to file and execute applications on behalf of the City of Arvin with the Department to aid in the financing of capital/operating assistance projects pursuant to Section 5311 of the Federal Transit Act (FTA C 9040.1G), as amended, and pursuant to Section 5339 of the Federal Transit Act (FTA C 5100.1), as amended; and Section 2. The City Manager is authorized to execute and file all certification of assurances, contracts or agreements or any other document required by the Department; and Section 3. The City Manager is authorized to provide additional information as the Department may require in connection with the application for the Section 5311 and/or Section 5339 projects; and
Section 4. The City Manager is authorized to submit and approve requests for reimbursement of funds from the Department for the Section 5311 and/or Section 5339 project(s). /////
/////
/////
/////
/////
3.E.2
Attachment: Reso Authorizing Federal Funding FTA Section 5311 and or 5339_052824 (Authorize Federal Funding Under FTA Section 5311 and
Reso Authorizing Federal Funding Under FTA Section 5311 and/or 5339 with CalTrans.
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 28th day of May 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.
3.E.2
Attachment: Reso Authorizing Federal Funding FTA Section 5311 and or 5339_052824 (Authorize Federal Funding Under FTA Section 5311 and
Staff Report – Amend No. 2 to PSA with Carollo Engineers, Inc. for Funding and Permitting Assistance.
CITY OF ARVIN
Staff Report
Meeting Date: May 28, 2024
TO: Arvin City Council
FROM: Jeff Jones, City Manager / Finance Director
SUBJECT: Consideration and Approval of Amendment No. 2 to the Professional Consultant Services Agreement between the City of Arvin and Carollo Engineers, Inc. for Funding and Permitting Assistance.
BACKGROUND:
The City Wastewater Treatment Facility (WWTF) is in receipt of a Cease and Desist Order (CDO) and Connection Restriction RS-2023-0006 dated April 27,2023 from the Central Valley Regional Water Quality Control Board (RWQCB). The CDO alleges that the City has violated Waste Discharge Requirements (WDRs) Order No. 5-00-093.
At the meeting of April 25, 2023, the City Council approved a Professional Services Agreement (PSA) with Carollo Engineers, Inc. (Carollo) for funding and permitting assistance (Agreement No. 2023-09) The scope of work of the PSA included Carollo supporting the City through adoption of the CDO and with the preparation of the CDO-required Report of Waste Discharge (ROWD); and to assist the City with development of a planning grant application package.
At the meeting of May 14, 2024, the City Council approved Amendment No. 1 to the PSA with Carollo for preparation of additional permitting assistance services, including additional project management and meetings, additional assistance with sewage connection exception requests, preparation of a California Environmental Quality Act (CEQA) Categorical Exemption for the currently unpermitted land application areas (LAAs) for treated wastewater, preparation of Pond 3 repair design and construction reports, preparation of an updated Title 22 Engineering Report and Notice of Intent (NOI), and preparation of a master plan for effluent storage and disposal.
Carollo has made a request to the City to add the following language to the scope assumptions (see attached Proposal):
- Any reuse of completed documents or use of partially completed documents without written verification or concurrence by Carollo for the specific purpose intended will be at City’s sole risk and without liability or legal exposure to Carollo.
- In providing opinions of cost, financial analyses, economic feasibility projections, schedules, and quantity and/or quality estimates for potential project, Carollo has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; the incoming water quality and/or quantity; the way City’s
3.F.1
Attachment: Staff Report Amend No. 2 to PSA with Carollo Engineers, Inc_052824 (Amend No. 2 to PSA with Carollo Engineers, Inc. for
Staff Report – Amend No. 2 to PSA with Carollo Engineers, Inc. for Funding and Permitting Assistance. plant(s) and/or associated processes are operated and/or maintained; and other economic and operational factor that may materially affect the ultimate project elements, including, but not limited to, cost or schedule. Therefore, Carollo makes no warranty that the City’s actual project costs, financial aspects, economic feasibility, schedules, and/or quantities or quality realized will not vary from Carollo’s opinions, analyses, projections, or estimates.
Amendment No. 2 to the PSA includes the additional language as stated above and no other changes or additions have been made.
STAFF RECOMMENDATION:
Staff recommends approval of Amendment No. 2 to the Professional Consultant Services Agreement between the City of Arvin and Carollo Engineers, Inc. for Funding and Permitting Assistance.
FINANCIAL IMPACT:
None.
ATTACHMENTS:
- Amendment No. 2 to Professional Consultant Services Agreement (PSA) between the City of Arvin and Carollo Engineers, Inc. for Funding and Permitting Assistance. - Amendment No. 1 to Professional Consultant Services Agreement (PSA) between the City of Arvin and Carollo Engineers, Inc. for Funding and Permitting Assistance. - Staff report of the Arvin City Council Meeting of April 25, 2024 re PSA between City of Arvin and Carollo Engineers, Inc.
- Professional Consultant Services Agreement (PSA) between the City of Arvin and Carollo Engineers, Inc. for Funding and Permitting Assistance approved on April 25, 2023 (Agreement No. 2023-09)
3.F.1
Attachment: Staff Report Amend No. 2 to PSA with Carollo Engineers, Inc_052824 (Amend No. 2 to PSA with Carollo Engineers, Inc. for
AMENDMENT NO. 2 TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT AGREEMENT NO. __________
AMENDMENT NO. 2 TO
PROFESSIONAL CONSULTANT SERVICES AGREEMENT NO. 2023-09
FOR FUNDING AND PERMITTING ASSISTANCE
BETWEEN
CITY OF ARVIN, CALIFORNIA,
AND
CAROLLO ENGINEERS, INC.
THIS AMENDMENT to the Agreement is made and entered into as of the date of execution by the CITY OF ARVIN (the "City") and CAROLLO ENGINEERS, INC. (“Consultant”).
RECITALS
The City requires outside assistance to provide the following services: Engineering services for funding and permitting assistance.
WHEREAS, on April 25, 2023, the City approved a Professional Consultant Services Agreement (PSA) between the City and Consultant for funding and permitting assistance (Agreement No. 2023-09); and
WHEREAS, on May 14, 2024 the City approved Amendment No. 1 to the PSA for Consultant to provide preparation of additional permitting assistance services, including additional project management and meetings, additional assistance with sewage connection exception requests, preparation of a California Environmental Quality Act (CEQA) Categorical Exemption for the currently unpermitted land application areas (LAAs) for treated wastewater, preparation of Pond 3 repair design and construction reports, preparation of an updated Title 22 Engineering Report and Notice of Intent (NOI), and preparation of a master plan for effluent storage and disposal; and
WHEREAS, Consultant has made a request to the City to amend the scope assumption to include the following language:
- Any reuse of completed documents or use of partially completed documents without written verification or concurrence by Carollo for the specific purpose intended will be at City’s sole risk and without liability or legal exposure to Carollo. - In providing opinions of cost, financial analyses, economic feasibility projections, schedules, and quantity and/or quality estimates for potential project, Carollo has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs;
3.F.2
Attachment: Amend No. 2 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._052824 (Amend No. 2 to PSA with Carollo
AMENDMENT NO. 2 TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; the incoming water quality and/or quantity; the way City’s plant(s) and/or associated processes are operated and/or maintained; and other economic and operational factor that may materially affect the ultimate project elements, including, but not limited to, cost or schedule. Therefore, Carollo makes no warranty that the City’s actual project costs, financial aspects, economic feasibility, schedules, and/or quantities or quality realized will not vary from Carollo’s opinions, analyses, projections, or estimates.
NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties as follows:
1. That the original Contract is hereby amended to include the additional scope assumption described in the attached proposal dated May 24, 2024 (Attachment A).
2. There is no additional cost associated with this amendment.
3. This Agreement may be executed in counterparts. A facsimile or electronic copy of this Agreement shall be as effective as the original for all purposes.
EXCEPT as specifically modified above, all of the remaining terms and conditions of the Agreement between the City of Arvin and Carollo Engineers, Inc. approved on April 25, 2023 and entered into on May 02, 2023 (Agreement No. 2023-09) and Amendment No. 1 to the Agreement approved on May 14, 2024 (Agreement No. 2024-18), shall remain and continue in full force and effect.
[Signature Page Follows]
3.F.2
Attachment: Amend No. 2 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._052824 (Amend No. 2 to PSA with Carollo
AMENDMENT NO. 2 TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement on the day and year written below.
“CITY” “CONSULTANT”
CITY OF ARVIN,
a municipal corporation
By: __________________________
Jeff Jones, City Manager
Dated: _______________, 2024
ATTEST:
Cecilia Vela, City Clerk
CAROLLO ENGINEERS, INC.
a Delaware corporation
By: ____________________________
Name: __________________________
Title: ___________________________
Dated: ______________, 2024
By: ____________________________
Name: __________________________
Title: ___________________________
Dated: ______________, 2024
APPROVED AS TO FORM:
____________________________
Nathan M. Hodges, City Attorney
3.F.2
Attachment: Amend No. 2 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._052824 (Amend No. 2 to PSA with Carollo
AMENDMENT NO. 2 TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT
ATTACHMENT A
Proposal from Carollo Engineering, Inc for Amendment No. 2 to the Professional Consultant Services Agreement No. 2023-09, dated May 24, 2024.
3.F.2
Attachment: Amend No. 2 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._052824 (Amend No. 2 to PSA with Carollo 1401 Fulton Street, Suite 802
Fresno, California 93721
P. 559-436-6616 / F. 559-436-1191
carollo.com
202089 / Arvin Funding and Permitting Assistance Amendment 2.docx May 24, 2024
Mr. Jeff Jones
City Manager
City of Arvin
200 Campus Drive
Arvin, CA 93203
Subject: Amendment No. 2 to Professional Engineering Services for Funding and Permitting Assistance Contract
Dear Jeff:
Carollo Engineers, Inc. (Carollo) is pleased to provide the City of Arvin (City) with this amendment for preparation of additional permitting assistance services, including additional project management and meetings, additional assistance with sewage connection exception requests, preparation of a California Environmental Quality Act (CEQA) Categorical Exemption for the currently unpermitted land application areas (LAAs) for treated wastewater, preparation of Pond 3 repair design and construction reports, preparation of an updated Title 22 Engineering Report and Notice of Intent (NOI), and preparation of a master plan for effluent storage and disposal. The task numbering is coordinated with the original proposal.
Scope of Work
Carollo’s scope of services, time of completion and compensation shall be as set forth herein.
Task 1 – Project Management and Meetings
Task 1.1 Project Management
Carollo’s Project Manager will manage project budget, prepare monthly progress reports, and coordinate with City staff. This task assumes an additional project duration of 14 months.
Task 1.2 Meetings
Carollo will participate in project, staff, and/or regulatory meetings, as desired by the City. For budgeting purposes, it is assumed that Carollo will attend an additional eight (8) teleconference meetings over the duration of the project, requiring two (2) hours of three (3) team members’ time (each) per meeting.
Task 1 Deliverables:
Monthly invoicing/progress reports.
Meeting notes.
3.F.3
Attachment: Carollo Proposal Addl Items to Assumptions Section - Amend No. 2 to PSA for Funding and Permitting Assist (Amend No. 2 to Mr. Jeff Jones
City Manager
City of Arvin
May 24, 2024
Task 2 – Assistance with Cease and Desist Order Adoption Task 2.3 Sewage Connection Exception Requests
This task includes assisting the City with preparation of exception requests for the Sewage Connection Restriction. This Scope of Services assigns an additional 40 hours of Carollo’s time. An amendment will be prepared if additional effort is needed for this task.
Task 2 Deliverables:
Exception Request letters.
Task 3-4 – No Changes
Task 5 – CEQA Categorical Exemption
Carollo will manage the efforts of hired subconsultant (HELIX Environmental Planning, Inc. [HELIX]) in preparation of the Categorical Exemption for Assessor’s Parcel Numbers (APNs) 189-351-90, 189-351-94, and 446-010-62. We understand that the infrastructure is already in place and that no construction is proposed for the City to continue using the three parcels as LAAs.
HELIX’s preliminary assessment of the proposed project suggests that the project may be suitable for CEQA processing under Section 15301, Existing Facilities, per the CEQA Guidelines. The Categorical Exemption will include a project description as well as supporting qualitative information and geospatial data.
A draft of the Notice of Exemption (NOE) form will be prepared and submitted to the City for review and comment. Following receipt of written comments from the City, HELIX will prepare the final NOE for approval by the Lead Agency’s decision-making body for this project (Planning Commission or City Council). The 30-day statute of limitations will begin following submittal of the NOE by the City to the Kern County Clerk. The NOE is for the Lead Agency file and does not require circulation for public comment.
Task 5 Deliverables:
Draft Notice of Exemption.
Final Notice of Exemption.
Task 6 – Pond 3 Repair Design and Construction Reports
Task 6.1 – Pond Design Report and Work Plan
Carollo will review the 90% Design Drawings prepared by Cannon Engineering (June 2022). Carollo will evaluate whether the pond repair can be completed without lining the bottom of the pond. If there is a change to the current Cannon design for the pond repair, Carollo will prepare a technical report for the Division of Financial Assistance (DFA).
Carollo will prepare a Draft Design Submittal (at an approximate completion of 90%), which will consist of the following:
Cover sheet and general notes.
3.F.3
Attachment: Carollo Proposal Addl Items to Assumptions Section - Amend No. 2 to PSA for Funding and Permitting Assist (Amend No. 2 to Mr. Jeff Jones
City Manager
City of Arvin
May 24, 2024
Site plan including contractor staging areas and access. Pond repair plan, sections, and details.
Front end specifications.
Technical specifications.
Probable opinion of construction cost.
Drawings and specifications will be prepared in Carollo format.
Carollo will coordinate a review workshop with City staff to review the Draft Design Submittal, answer any questions, and collect feedback for the bid set.
Carollo will incorporate City comments from the Draft Design Submittal into a 100% Design (Bid) Submittal, for project advertisement by the City. At this time, Consultant will update the construction cost estimate.
Nelms Surveying will provide surveying of the project site for the project.
Task 6.2 – Pre-Bid Meeting and Bid Support
Carollo will prepare the Notice Inviting Bids for inclusion in the Contract Documents to be dispensed to Builder’s Exchanges (Planet Bids).
Carollo will conduct an in-person pre-bid conference for the prospective bidders on the City's behalf. Minutes from the meeting shall be distributed to all planholders and attendees.
During the bid period, Carollo will receive telephone and email questions from prospective bidders and provide responses as appropriate. A log of all correspondence shall be turned over to the City at the end of the bid period.
Carollo will prepare an addendum to the contract documents for distribution to all planholders. City shall distribute the addendum. The scope assumes a maximum of one (1) addendum will be issued.
Bids shall be reviewed along with the City immediately following bid opening. In conjunction with the City, Carollo will recommend award of contract.
Carollo’s proposed level of effort is based upon a bid period not exceeding six (6) weeks.
Task 6.3 – Engineering Services During Construction
Carollo will review Submittals and Requests for Information (RFIs) during construction from the contractor. It is assumed there will be 15 Submittals and 10 RFIs at an average of six (6) hours for each. It is assumed that City will provide Construction Management and Inspection Services.
Task 6.4 – Construction Quality Assurance Plan
Carollo will prepare a Construction Quality Assurance (CQA) Plan that will discuss pond liner installation and leak testing, leak detection system (if any), and the ponds design life. Carollo will prepare a Draft CQA Plan for City review and will incorporate City comments into a final version for submittal to the Central Valley Regional Water Quality Control Board (RWQCB).
3.F.3
Attachment: Carollo Proposal Addl Items to Assumptions Section - Amend No. 2 to PSA for Funding and Permitting Assist (Amend No. 2 to Mr. Jeff Jones
City Manager
City of Arvin
May 24, 2024
Task 6.5 – Operation, Maintenance, and Monitoring Plan
Carollo will prepare an Operation, Maintenance, and Monitoring (OM&M) Plan that will discuss how the pond will be operated to ensure the pond liner integrity is maintained, including how solids will be removed from the pond. The OM&M Plan will also discuss what type of pond liner monitoring/testing will be conducted (and at what frequency). Carollo will prepare a Draft OM&M Plan for City review and will incorporate City comments into a final version for submittal to the RWQCB.
Task 6.6 – Post Construction Report
Carollo will prepare a Post-Construction Report which will include verification that the pond was constructed as proposed. Carollo will prepare a Draft Post-Construction Report for City review and will incorporate City comments into a final version for submittal to the RWQCB.
Task 6 Deliverables:
Draft Design Submittal.
Draft and Final Construction Cost Estimate.
Bid Submittal.
Pre-Bid Conference meeting minutes.
Bid period correspondence log.
Addendum.
Submittal Responses.
RFI Responses.
Draft Construction Quality Assurance Plan.
Final Construction Quality Assurance Plan.
Draft Operation, Maintenance, and Monitoring Plan.
Final Operation, Maintenance, and Monitoring Plan.
Draft Post Construction Report.
Final Post Construction Report.
Task 7 – Title 22 Engineering Report and Notice of Intent Carollo will review the Title 22 Engineering Report prepared by Cannon Engineering (January 2023). Carollo will prepare an updated Title 22 Engineering Report per the Division of Drinking Water (DDW) Guidelines for the Preparation of an Engineering Report for the Production, Distribution and Use of Recycled Water (updated June 2023). Carollo will prepare a NOI for the State Water Resources Control Board (SWRCB) Order WQ-2016-0068- DDW Water Reclamation Requirements for Recycled Water Use (Reclamation General Order). Carollo will assist the City in coordinating with the regulatory agencies regarding review and approval of the Engineering Report and NOI.
3.F.3
Attachment: Carollo Proposal Addl Items to Assumptions Section - Amend No. 2 to PSA for Funding and Permitting Assist (Amend No. 2 to Mr. Jeff Jones
City Manager
City of Arvin
May 24, 2024
Task 7.1 Title 22 Engineering Report
Carollo will prepare a Title 22 Engineering Report that addresses RWQCB comments. Carollo will prepare a Draft Engineering Report for City review and will incorporate City comments into a final version for submittal to the RWQCB and DDW.
Task 7.2 Notice of Intent
Carollo will prepare a Draft NOI for City review and will incorporate City comments into a final version for submittal to the RWQCB and DDW. The NOI will be submitted to the RWQCB and DDW once DDW has approved the Title 22 Engineering Report.
Task 7 Deliverables:
Draft Title 22 Engineering Report.
Final Title 22 Engineering Report.
Draft Notice of Intent
Final Notice of Intent.
Task 8 – Effluent Storage and Disposal Master Plan
The RWQCB did not find that Stantec’s 2019 Wastewater Treatment Facility (WWTF) Master Plan adequately described plans for disposal of wastes in the long-term. Carollo will prepare an Effluent Storage and Disposal Master Plan technical report package for submittal to the RWQCB to address this and RWQCB comments from the March 27, 2024, meeting. The Final Effluent Storage and Disposal Master Plan will be included as an appendix to the Final Revised Report of Waste Discharge.
Task 8 Deliverables:
Draft Effluent Storage and Disposal Master Plan.
Final Effluent Storage and Disposal Master Plan.
Final Revised Report of Waste Discharge.
Schedule
A schedule will be developed upon Notice To Proceed (NTP) for the City to review.
Compensation
Carollo’s compensation for the proposed basic services will not exceed four hundred and eight thousand six hundred dollars ($408,600), as summarized below, without prior authorization from the City. These costs are developed in the attached Exhibit A, utilizing Carollo’s current Fee Schedule.
3.F.3
Attachment: Carollo Proposal Addl Items to Assumptions Section - Amend No. 2 to PSA for Funding and Permitting Assist (Amend No. 2 to Mr. Jeff Jones
City Manager
City of Arvin
May 24, 2024
Table 1 Basic Services Tasks
Description Fee
Task 1 – Project Management and Meetings $20,400
Task 2 – Assistance with Cease and Desist
Order Adoption
$11,100
Task 5 – CEQA Categorical Exemption $10,100
Task 6 – Pond 3 Repair Design and
Construction Reports
$247,400
Task 7 – Title 22 Engineering Report and
Notice of Intent
$77,400
Task 8 – Effluent Storage and Disposal
Master Plan
$42,200
Assumptions
The following assumptions were made in the preparation of this Scope of Services:
Meetings will be conducted by phone/video conference. All submittals via electronic media (pdf, email). Reproduction (printing) of deliverables is not included. Except two half-size hardcopies of the 90% Design deliverable. City will manage the sale and distribution of Contract Documents during the bid-phase period. Construction management and inspection services during construction are not included in the Scope of Services. Consultant will provide a future separate proposal for these services, if requested. The City will file the NOE with the State Clearinghouse and Kern County Clerk, along with payment of all necessary filing fees, as needed.
Any reuse of completed documents or use of partially completed documents without written verification or concurrence by Carollo for the specific purpose intended will be at City's sole risk and without liability or legal exposure to Carollo.
In providing opinions of cost, financial analyses, economic feasibility projections, schedules, and quantity and/or quality estimates for potential projects, Carollo has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; the incoming water quality and/or quantity; the way City’s plant(s) and/or associated processes are operated and/or maintained; and other economic and operational factors that may materially affect the ultimate project elements, including, but not limited to, cost or schedule. Therefore, Carollo makes no warranty that the City’s actual project costs, financial aspects, economic feasibility, schedules, and/or quantities or quality realized will not vary from Carollo’s opinions, analyses, projections, or estimates.
3.F.3
Attachment: Carollo Proposal Addl Items to Assumptions Section - Amend No. 2 to PSA for Funding and Permitting Assist (Amend No. 2 to Mr. Jeff Jones
City Manager
City of Arvin
May 24, 2024
Our team appreciates the opportunity to continue to serve the City. Please do not hesitate to contact us with any questions or concerns you may have regarding this proposal to assist your team.
Sincerely,
CAROLLO ENGINEERS, INC.
Ryan Sellman, PE
Project Manager
Enclosure: Exhibit A (Labor Hour and Cost Proposal)
3.F.3
Attachment: Carollo Proposal Addl Items to Assumptions Section - Amend No. 2 to PSA for Funding and Permitting Assist (Amend No. 2 to TOTAL
Description VP (SP) PM (PP) P CAD WP (C) TOTAL TOTAL Mileage PECE TASK
CAROLLO
HOURS
CAROLLO
LABOR HELIX
NELMS
SURVEYING Miles $0.670 Printing 15.00 $ TOTAL
Task Labor Cost ($/Hr) $338.00 $290.00 $246.00 $190.00 $126.00 COSTS per mile per hour ODCs COSTS Task 1 - Project Management and Meetings
1.1 Project Management 4 14 0 0 0 18 5,412 $ - $ $ 0 - $ - $ - $ 270 $ 270 $ 5,700
1.2 Meetings 16 16 16 0 0 48 $ 13,984 $ - $ - 0 $ - $ - $ 720 $ 720 $ 14,700 Task 1.0 Total 20 30 16 0 0 66 $ 19,396 $ - $ - 0 $ - $ - $ 990 $ 990 $ 20,400 Task 2 - Assistance with Cease and Desist Order Adoption
2.3 Sewage Connection Exception Requests 0 16 24 0 0 40 $ 10,544 $ - $ 0 - $ - $ - $ 600 $ 600 $ 11,100 Task 2.0 Total 0 16 24 0 0 40 $ 10,544 $ - $ - 0 $ - $ - $ 600 $ 600 $ 11,100 Task 5 - CEQA Categorical Exemption 4 6 6 0 0 16 $ 4,568 $ 5,335 $ 0 - $ - $ - $ 240 $ 240 $ 10,100 Task 5.0 Total 4 6 6 0 0 16 $ 4,568 $ 5,335 $ - 0 $ - $ - $ 240 $ 240 $ 10,100 Task 6 - Pond 3 Repair Design and Construction Reports
6.1 Pond Design Report and Work Plan 40 80 280 190 26 616 $ 144,976 $ - $ 21,450 0 $ - $ 250 $ 9,240 $ 9,490 $ 175,9006.2 Pre-Bid Meeting and Bid Support 2 12 8 0 2 24 $ 6,376 $ - $ - 220 $ 147 $ - $ 360 $ 507 $ 6,9006.3 Engineering Services During Construction 8 36 90 16 0 150 $ 38,324 $ - $ - 0 $ - $ - $ 2,250 $ 2,250 $ 40,6006.4 Construction Quality Assurance Plan 2 6 16 0 4 28 $ 6,856 $ - $ - 0 $ - $ - $ 420 $ 420 $ 7,300
6.5 Operation, Maintenance, and Monitoring Plan 2 6 24 0 4 36 $ 8,824 $ - $ - 0 $ - $ - $ 540 $ 540 $ 9,400
6.6 Post Construction Report 2 6 16 0 4 28 $ 6,856 $ - $ 0 - $ - $ - $ 420 $ 420 $ 7,300 Task 6.0 Total 56 146 434 206 40 882 $ 212,212 $ - $ 21,450 220 147$ $ 13,230 250 $ $ 13,627 $ 247,400 Task 7 - Title 22 Engineering Report and Notice of Intent
7.1 Title 22 Engineering Report 12 32 64 0 10 118 30,340 $ - $ $ 0 - $ - $ - $ 1,770 $ 1,770 $ 32,1007.2 Notice of Intent 12 48 96 0 10 166 $ 42,852 $ - $ - 0 $ - $ - $ 2,490 $ 2,490 $ 45,300 Task 7.0 Total 24 80 160 0 20 284 $ 73,192 $ - $ - 0 $ - $ - $ 4,260 $ 4,260 $ 77,400 Task 8 - Effluent Storage and Disposal Master Plan 4 30 100 20 10 164 $ 39,712 $ - $ 0 - $ - $ - $ 2,460 $ 2,460 $ 42,200 Task 8.0 Total 4 30 100 20 10 164 $ 39,712 $ - $ 0 - $ - $ - $ 2,460 $ 2,460 $ 42,200 TOTALS 108 308 740 226 70 1,452 $ 359,624 $ 5,335 $ 21,450 220 147$ $ 21,780 250 $ $ 22,177 $ 408,600
EXHIBIT A
City of Arvin
Professional Engineering Services for Funding and Permitting Assistance Amendment No. 2
LABOR HOUR AND COST PROPOSAL
CAROLLO LABOR SUBCONSULTANTS EXPENSES
3.F.3
Attachment: Carollo Proposal Addl Items to Assumptions Section - Amend No. 2 to PSA for Funding and
AMENDMENT NO. 1 TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT AGREEMENT NO. 2024-18
AMENDMENT NO. 1 TO
PROFESSIONAL CONSULTANT SERVICES AGREEMENT NO. 2023-09
FOR FUNDING AND PERMITTING ASSISTANCE
BETWEEN
CITY OF ARVIN, CALIFORNIA,
AND
CAROLLO ENGINEERS, INC.
THIS AMENDMENT to the Agreement is made and entered into as of the date of execution by the CITY OF ARVIN (the "City") and CAROLLO ENGINEERS, INC. (“Consultant”).
RECITALS
The City requires outside assistance to provide the following services: Engineering services for funding and permitting assistance.
WHEREAS, on April 25, 2023, the City approved a Professional Consultant Services Agreement (PSA) between the City and Consultant for funding and permitting assistance (Agreement No. 2023-09); and
WHEREAS, on May 14, 2024 the City authorized this Amendment No. 1 to the PSA for Consultant to provide preparation of additional permitting assistance services, including additional project management and meetings, additional assistance with sewage connection exception requests, preparation of a California Environmental Quality Act (CEQA) Categorical Exemption for the currently unpermitted land application areas (LAAs) for treated wastewater, preparation of Pond 3 repair design and construction reports, preparation of an updated Title 22 Engineering Report and Notice of Intent (NOI), and preparation of a master plan for effluent storage and disposal; and
WHEREAS, the scope of work of the Amendment No. 1 to the PSA is further described in the attached proposal from Consultant, dated April 10, 2024 (Exhibit A); and WHEREAS, Consultant represents itself as possessing the necessary skills and qualifications to provide the services required by the City and as being duly qualified to perform those services in accordance with the standard of quality ordinarily expected of competent professionals in Consultant’s field of expertise; and
NOW THEREFORE, IT IS MUTUALLY AGREED by and between the parties as follows:
1. That the original Contract is hereby amended to include the scope of services described in the attached proposal dated April 10, 2024 (Exhibit A).
3.F.4
Attachment: 2024-18 Amend No. 1 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._051424 (Amend No. 2 to PSA with
AMENDMENT NO. 1 TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT
2. The services described herein will be provided for the proposed basic services fee not to exceed $408,600.
3. This Agreement may be executed in counterparts. A facsimile or electronic copy of this Agreement shall be as effective as the original for all purposes.
EXCEPT as specifically modified above, all of the remaining terms and conditions of the Agreement between the City of Arvin and Carollo Engineers, Inc. approved on April 25, 2023 and entered into on May 02, 2023 (Agreement No. 2023-09), shall remain and continue in full force and effect.
[Signature Page Follows]
3.F.4
Attachment: 2024-18 Amend No. 1 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._051424 (Amend No. 2 to PSA with
AMENDMENT NO. 1 TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement on the day and year written below.
“CITY” “CONSULTANT”
CITY OF ARVIN,
a municipal corporation
By: __________________________
Jeff Jones, City Manager
Dated: _______________, 2024
ATTEST:
Cecilia Vela, City Clerk
CAROLLO ENGINEERS, INC.
a Delaware corporation
By: ____________________________
Name: __________________________
Title: ___________________________
Dated: ______________, 2024
By: ____________________________
Name: __________________________
Title: ___________________________
Dated: ______________, 2024
APPROVED AS TO FORM:
____________________________
Nathan M. Hodges, City Attorney
3.F.4
Attachment: 2024-18 Amend No. 1 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._051424 (Amend No. 2 to PSA with
AMENDMENT NO. 1 TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT
ATTACHMENT A
Scope of Work and
Payment for Services, Project Budget, Project Schedule and Timeline Project Approach & Scope of Work: Refer to the attached Proposal for Amendment No. 1 to Professional Consultant Services Agreement Funding and Permitting Assistance from Carollo Engineers, Inc. dated April 10, 2024.
Timeline and Fee Proposal: Refer to the attached Proposal for Amendment No. 1 to Professional Consultant Services Agreement Funding and Permitting Assistance from Carollo Engineers, Inc. dated April 10, 2024.
Once an invoice is submitted and approved by the City, City payment will be made within 30 days of approval. The payment provided is full compensation for the funding and permit assistance services as mentioned in Attachment A. Carollo Engineers, Inc. shall bill every 30 days. The City shall pay each invoice within 30 days of approval of the invoice until project completion and closeout.
3.F.4
Attachment: 2024-18 Amend No. 1 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._051424 (Amend No. 2 to PSA with 1401 Fulton Street, Suite 802
Fresno, California 93721
P. 559-436-6616 / F. 559-436-1191
carollo.com
202089 / Arvin Funding and Permitting Assistance Amendment 1.docx April 10, 2024
Mr. Jeff Jones
City Manager
City of Arvin
200 Campus Drive
Arvin, CA 93203
Subject: Amendment No. 1 to Professional Engineering Services for Funding and Permitting Assistance Contract
Dear Jeff:
Carollo Engineers, Inc. (Carollo) is pleased to provide the City of Arvin (City) with this amendment for preparation of additional permitting assistance services, including additional project management and meetings, additional assistance with sewage connection exception requests, preparation of a California Environmental Quality Act (CEQA) Categorical Exemption for the currently unpermitted land application areas (LAAs) for treated wastewater, preparation of Pond 3 repair design and construction reports, preparation of an updated Title 22 Engineering Report and Notice of Intent (NOI), and preparation of a master plan for effluent storage and disposal. The task numbering is coordinated with the original proposal.
Scope of Work
Carollo’s scope of services, time of completion and compensation shall be as set forth herein.
Task 1 – Project Management and Meetings
Task 1.1 Project Management
Carollo’s Project Manager will manage project budget, prepare monthly progress reports, and coordinate with City staff. This task assumes an additional project duration of 14 months.
Task 1.2 Meetings
Carollo will participate in project, staff, and/or regulatory meetings, as desired by the City. For budgeting purposes, it is assumed that Carollo will attend an additional eight (8) teleconference meetings over the duration of the project, requiring two (2) hours of three (3) team members’ time (each) per meeting.
Task 1 Deliverables:
Monthly invoicing/progress reports.
Meeting notes.
EXHIBIT A 3.F.4
Attachment: 2024-18 Amend No. 1 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._051424 (Amend No. 2 to PSA with Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2024
Task 2 – Assistance with Cease and Desist Order Adoption Task 2.3 Sewage Connection Exception Requests
This task includes assisting the City with preparation of exception requests for the Sewage Connection Restriction. This Scope of Services assigns an additional 40 hours of Carollo’s time. An amendment will be prepared if additional effort is needed for this task.
Task 2 Deliverables:
Exception Request letters.
Task 3-4 – No Changes
Task 5 – CEQA Categorical Exemption
Carollo will manage the efforts of hired subconsultant (HELIX Environmental Planning, Inc. [HELIX]) in preparation of the Categorical Exemption for Assessor’s Parcel Numbers (APNs) 189-351-90, 189-351-94, and 446-010-62. We understand that the infrastructure is already in place and that no construction is proposed for the City to continue using the three parcels as LAAs.
HELIX’s preliminary assessment of the proposed project suggests that the project may be suitable for CEQA processing under Section 15301, Existing Facilities, per the CEQA Guidelines. The Categorical Exemption will include a project description as well as supporting qualitative information and geospatial data.
A draft of the Notice of Exemption (NOE) form will be prepared and submitted to the City for review and comment. Following receipt of written comments from the City, HELIX will prepare the final NOE for approval by the Lead Agency’s decision-making body for this project (Planning Commission or City Council). The 30-day statute of limitations will begin following submittal of the NOE by the City to the Kern County Clerk. The NOE is for the Lead Agency file and does not require circulation for public comment.
Task 5 Deliverables:
Draft Notice of Exemption.
Final Notice of Exemption.
Task 6 – Pond 3 Repair Design and Construction Reports
Task 6.1 – Pond Design Report and Work Plan
Carollo will review the 90% Design Drawings prepared by Cannon Engineering (June 2022). Carollo will evaluate whether the pond repair can be completed without lining the bottom of the pond. If there is a change to the current Cannon design for the pond repair, Carollo will prepare a technical report for the Division of Financial Assistance (DFA).
Carollo will prepare a Draft Design Submittal (at an approximate completion of 90%), which will consist of the following:
Cover sheet and general notes.
3.F.4
Attachment: 2024-18 Amend No. 1 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._051424 (Amend No. 2 to PSA with Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2024
Site plan including contractor staging areas and access. Pond repair plan, sections, and details.
Front end specifications.
Technical specifications.
Probable opinion of construction cost.
Drawings and specifications will be prepared in Carollo format.
Carollo will coordinate a review workshop with City staff to review the Draft Design Submittal, answer any questions, and collect feedback for the bid set.
Carollo will incorporate City comments from the Draft Design Submittal into a 100% Design (Bid) Submittal, for project advertisement by the City. At this time, Consultant will update the construction cost estimate.
Nelms Surveying will provide surveying of the project site for the project.
Task 6.2 – Pre-Bid Meeting and Bid Support
Carollo will prepare the Notice Inviting Bids for inclusion in the Contract Documents to be dispensed to Builder’s Exchanges (Planet Bids).
Carollo will conduct an in-person pre-bid conference for the prospective bidders on the City's behalf. Minutes from the meeting shall be distributed to all planholders and attendees.
During the bid period, Carollo will receive telephone and email questions from prospective bidders and provide responses as appropriate. A log of all correspondence shall be turned over to the City at the end of the bid period.
Carollo will prepare an addendum to the contract documents for distribution to all planholders. City shall distribute the addendum. The scope assumes a maximum of one (1) addendum will be issued.
Bids shall be reviewed along with the City immediately following bid opening. In conjunction with the City, Carollo will recommend award of contract.
Carollo’s proposed level of effort is based upon a bid period not exceeding six (6) weeks.
Task 6.3 – Engineering Services During Construction
Carollo will review Submittals and Requests for Information (RFIs) during construction from the contractor. It is assumed there will be 15 Submittals and 10 RFIs at an average of six (6) hours for each. It is assumed that City will provide Construction Management and Inspection Services.
Task 6.4 – Construction Quality Assurance Plan
Carollo will prepare a Construction Quality Assurance (CQA) Plan that will discuss pond liner installation and leak testing, leak detection system (if any), and the ponds design life. Carollo will prepare a Draft CQA Plan for City review and will incorporate City comments into a final version for submittal to the Central Valley Regional Water Quality Control Board (RWQCB).
3.F.4
Attachment: 2024-18 Amend No. 1 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._051424 (Amend No. 2 to PSA with Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2024
Task 6.5 – Operation, Maintenance, and Monitoring Plan
Carollo will prepare an Operation, Maintenance, and Monitoring (OM&M) Plan that will discuss how the pond will be operated to ensure the pond liner integrity is maintained, including how solids will be removed from the pond. The OM&M Plan will also discuss what type of pond liner monitoring/testing will be conducted (and at what frequency). Carollo will prepare a Draft OM&M Plan for City review and will incorporate City comments into a final version for submittal to the RWQCB.
Task 6.6 – Post Construction Report
Carollo will prepare a Post-Construction Report which will include verification that the pond was constructed as proposed. Carollo will prepare a Draft Post-Construction Report for City review and will incorporate City comments into a final version for submittal to the RWQCB.
Task 6 Deliverables:
Draft Design Submittal.
Draft and Final Construction Cost Estimate.
Bid Submittal.
Pre-Bid Conference meeting minutes.
Bid period correspondence log.
Addendum.
Submittal Responses.
RFI Responses.
Draft Construction Quality Assurance Plan.
Final Construction Quality Assurance Plan.
Draft Operation, Maintenance, and Monitoring Plan.
Final Operation, Maintenance, and Monitoring Plan.
Draft Post Construction Report.
Final Post Construction Report.
Task 7 – Title 22 Engineering Report and Notice of Intent Carollo will review the Title 22 Engineering Report prepared by Cannon Engineering (January 2023). Carollo will prepare an updated Title 22 Engineering Report per the Division of Drinking Water (DDW) Guidelines for the Preparation of an Engineering Report for the Production, Distribution and Use of Recycled Water (updated June 2023). Carollo will prepare a NOI for the State Water Resources Control Board (SWRCB) Order WQ-2016-0068- DDW Water Reclamation Requirements for Recycled Water Use (Reclamation General Order). Carollo will assist the City in coordinating with the regulatory agencies regarding review and approval of the Engineering Report and NOI.
3.F.4
Attachment: 2024-18 Amend No. 1 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._051424 (Amend No. 2 to PSA with Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2024
Task 7.1 Title 22 Engineering Report
Carollo will prepare a Title 22 Engineering Report that addresses RWQCB comments. Carollo will prepare a Draft Engineering Report for City review and will incorporate City comments into a final version for submittal to the RWQCB and DDW.
Task 7.2 Notice of Intent
Carollo will prepare a Draft NOI for City review and will incorporate City comments into a final version for submittal to the RWQCB and DDW. The NOI will be submitted to the RWQCB and DDW once DDW has approved the Title 22 Engineering Report.
Task 7 Deliverables:
Draft Title 22 Engineering Report.
Final Title 22 Engineering Report.
Draft Notice of Intent
Final Notice of Intent.
Task 8 – Effluent Storage and Disposal Master Plan
The RWQCB did not find that Stantec’s 2019 Wastewater Treatment Facility (WWTF) Master Plan adequately described plans for disposal of wastes in the long-term. Carollo will prepare an Effluent Storage and Disposal Master Plan technical report package for submittal to the RWQCB to address this and RWQCB comments from the March 27, 2024, meeting. The Final Effluent Storage and Disposal Master Plan will be included as an appendix to the Final Revised Report of Waste Discharge.
Task 8 Deliverables:
Draft Effluent Storage and Disposal Master Plan.
Final Effluent Storage and Disposal Master Plan.
Final Revised Report of Waste Discharge.
Schedule
A schedule will be developed upon Notice To Proceed (NTP) for the City to review.
Compensation
Carollo’s compensation for the proposed basic services will not exceed four hundred and eight thousand six hundred dollars ($408,600), as summarized below, without prior authorization from the City. These costs are developed in the attached Exhibit A, utilizing Carollo’s current Fee Schedule.
3.F.4
Attachment: 2024-18 Amend No. 1 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._051424 (Amend No. 2 to PSA with Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2024
Table 1 Basic Services Tasks
Description Fee
Task 1 – Project Management and Meetings $20,400
Task 2 – Assistance with Cease and Desist
Order Adoption
$11,100
Task 5 – CEQA Categorical Exemption $10,100
Task 6 – Pond 3 Repair Design and
Construction Reports
$247,400
Task 7 – Title 22 Engineering Report and
Notice of Intent
$77,400
Task 8 – Effluent Storage and Disposal
Master Plan
$42,200
Assumptions
The following assumptions were made in the preparation of this Scope of Services:
Meetings will be conducted by phone/video conference. All submittals via electronic media (pdf, email). Reproduction (printing) of deliverables is not included. Except two half-size hardcopies of the 90% Design deliverable. City will manage the sale and distribution of Contract Documents during the bid-phase period. Construction management and inspection services during construction are not included in the Scope of Services. Consultant will provide a future separate proposal for these services, if requested. The City will file the NOE with the State Clearinghouse and Kern County Clerk, along with payment of all necessary filing fees, as needed.
Our team appreciates the opportunity to continue to serve the City. Please do not hesitate to contact us with any questions or concerns you may have regarding this proposal to assist your team.
Sincerely,
CAROLLO ENGINEERS, INC.
Ryan Sellman, PE
Project Manager
Enclosure: Exhibit A (Labor Hour and Cost Proposal)
3.F.4
Attachment: 2024-18 Amend No. 1 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._051424 (Amend No. 2 to PSA with TOTAL
Description VP (SP) PM (PP) P CAD WP (C) TOTAL TOTAL Mileage PECE TASK
CAROLLO
HOURS
CAROLLO
LABOR HELIX
NELMS
SURVEYING Miles $0.670 Printing 15.00 $ TOTAL
Task Labor Cost ($/Hr) $338.00 $290.00 $246.00 $190.00 $126.00 COSTS per mile per hour ODCs COSTSTask 1 - Project Management and Meetings
1.1 Project Management 4 14 0 0 0 18 5,412 $ - $ - $ 0 - $ - $ 270 $ 270 $ 5,700 $ 1.2 Meetings 16 16 16 0 0 48 13,984 $ - $ - $ 0 - $ - $ 720 $ 720 $ 14,700 $ Task 1.0 Total 20 30 16 0 0 66 19,396 $ - $ - $ 0 - $ - $ 990 $ 990 $ 20,400 $ Task 2 - Assistance with Cease and Desist Order Adoption
2.3 Sewage Connection Exception Requests 0 16 24 0 0 40 10,544 $ - $ - $ 0 - $ - $ 600 $ 600 $ 11,100 $ Task 2.0 Total 0 16 24 0 0 40 10,544 $ - $ - $ 0 - $ - $ 600 $ 600 $ 11,100 $ Task 5 - CEQA Categorical Exemption 4 6 6 0 0 16 4,568 $ 5,335 $ - $ 0 - $ - $ 240 $ 240 $ 10,100 $ Task 5.0 Total 4 6 6 0 0 16 4,568 $ 5,335 $ - $ 0 - $ - $ 240 $ 240 $ 10,100 $ Task 6 - Pond 3 Repair Design and Construction Reports
6.1 Pond Design Report and Work Plan 40 80 280 190 26 616 144,976 $ - $ 21,450 $ 0 - $ 250 $ 9,240 $ 9,490 $ 175,900 $ 6.2 Pre-Bid Meeting and Bid Support 2 12 8 0 2 24 6,376 $ - $ - $ 220 147 $ - $ 360 $ 507 $ 6,900 $ 6.3 Engineering Services During Construction 8 36 90 16 0 150 38,324 $ - $ - $ 0 - $ - $ 2,250 $ 2,250 $ 40,600 $ 6.4 Construction Quality Assurance Plan 2 6 16 0 4 28 6,856 $ - $ - $ 0 - $ - $ 420 $ 420 $ 7,300 $ 6.5 Operation, Maintenance, and Monitoring Plan 2 6 24 0 4 36 8,824 $ - $ - $ 0 - $ - $ 540 $ 540 $ 9,400 $ 6.6 Post Construction Report 2 6 16 0 4 28 6,856 $ - $ - $ 0 - $ - $ 420 $ 420 $ 7,300 $ Task 6.0 Total 56 146 434 206 40 882 212,212 $ - $ 21,450 $ 220 147 $ 250 $ 13,230 $ 13,627 $ 247,400 $ Task 7 - Title 22 Engineering Report and Notice of Intent
7.1 Title 22 Engineering Report 12 32 64 0 10 118 30,340 $ - $ - $ 0 - $ - $ 1,770 $ 1,770 $ 32,100 $ 7.2 Notice of Intent 12 48 96 0 10 166 42,852 $ - $ - $ 0 - $ - $ 2,490 $ 2,490 $ 45,300 $ Task 7.0 Total 24 80 160 0 20 284 73,192 $ - $ - $ 0 - $ - $ 4,260 $ 4,260 $ 77,400 $ Task 8 - Effluent Storage and Disposal Master Plan 4 30 100 20 10 164 39,712 $ - $ - $ 0 - $ - $ 2,460 $ 2,460 $ 42,200 $ Task 8.0 Total 4 30 100 20 10 164 39,712 $ - $ - $ 0 - $ - $ 2,460 $ 2,460 $ 42,200 $ TOTALS 108 308 740 226 70 1,452 359,624 $ 5,335 $ 21,450 $ 220 147 $ 250 $ 21,780 $ 22,177 $ 408,600 $
EXHIBIT A
City of Arvin
Professional Engineering Services for Funding and Permitting Assistance Amendment No. 1
LABOR HOUR AND COST PROPOSAL
CAROLLO LABOR SUBCONSULTANTS EXPENSES
3.F.4
Attachment: 2024-18 Amend No. 1 to PSA for Funding and Permitting Assist - Carollo Engineers,
Staff Report - PSA with Carollo Engineers, Inc. for Funding and Permitting Assistance.
CITY OF ARVIN
Staff Report
Meeting Date: April 25, 2023
TO: Arvin City Council
FROM: Jeff Jones, City Manager / Finance Director
SUBJECT: Consideration and Approval of A Professional Consultant Services Agreement between the City of Arvin and Carollo Engineers, Inc. for Funding and Permitting Assistance.
BACKGROUND:
The City Wastewater Treatment Facility (WWTF) is in receipt of a Tentative Cease and Desist Order and Connection Restriction RS-2023-XXXX (tentative CDO) from the Central Valley Regional Water Quality Control Board (RWQCB). The tentative CDO alleges that the City has violated Waste Discharge Requirements (WDRs) Order No. 5-00-093.
Carollo Engineers, Inc. (Carollo) provided the City of Arvin (City) with the attached proposal for for funding and permitting assistance. Carollo will support the City through adoption of the CDO and with the preparation of the CDO-required Report of Waste Discharge (ROWD). The scope of work also provides support to assist the City with development of a planning grant application package.
The ROWD technical report will include a time schedule for completing necessary repairs and improvements to Pond 3 by no later than two years from the date of adoption of the CDO. The technical report will include detailed design plans, an engineering analysis of existing effluent flows, current WWTF storage and disposal capacities, a determination of how much land application area (LAA) acreage is needed to comply with the WWTF's existing and currently permitted flows, and a time schedule not to exceed two years to obtain the necessary LAA acreage to ensure compliance with the existing WDRs. The technical report will also describe the City's progress towards securing funding necessary to complete the Pond 3 repairs and improvements and an anticipated date for receiving the funding.
A ROWD technical report will also provide for treatment and disposal of wastes in the longterm. The technical report will include a description of the proposed treatment system to be used, proposed disinfection system (if applicable), and a detailed time schedule for completing tasks associated with the planning, design, and construction phases for upgrading the WWTF. The technical report will also describe plans for securing funding necessary for completing the upgrades.
The scope of work also provides funding support for the development of a Planning Grant application for the City under the State Water Resources Control Board (SWRCB) Clean Water State Revolving Fund (CWSRF) Small Community Program for a project to bring the WWTF back into compliance with the WDRs.
3.F.5
Attachment: Staff Report PSA with Carollo Engineers, Inc. for Funding and Permitting Assistance_042523 (Amend No. 2 to PSA with Carollo
Staff Report - PSA with Carollo Engineers, Inc. for Funding and Permitting Assistance.
STAFF RECOMMENDATION:
Staff recommends approval of the Professional Consultant Services Agreement between the City of Arvin and Carollo Engineers, Inc. for Funding and Permitting Assistance.
FINANCIAL IMPACT:
Not to exceed $137,400
ATTACHMENTS:
- Professional Consultant Services Agreement between the City of Arvin and Carollo Engineers, Inc. for Funding and Permitting Assistance.
- Proposal from Carollo Engineers, Inc dated April 10, 2023.
3.F.5
Attachment: Staff Report PSA with Carollo Engineers, Inc. for Funding and Permitting Assistance_042523 (Amend No. 2 to PSA with Carollo
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
AGREEMENT NO. 2023-09
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
FOR FUNDING AND PERMITTING ASSISTANCE
BETWEEN
CITY OF ARVIN, CALIFORNIA,
AND
CAROLLO ENGINEERS, INC.
THIS AGREEMENT (“Agreement”) is made and entered into as of the date of execution by the CITY OF ARVIN (the "City") and Carollo Engineers, Inc. (“Consultant”).
RECITALS
The City requires outside assistance to provide the following services: Engineering services for funding and permitting assistance.
WHEREAS, Consultant represents itself as possessing the necessary skills and qualifications to provide the services required by the City and as being duly qualified to perform those services in accordance with the standard of quality ordinarily expected of competent professionals in Consultant’s field of expertise;
WHEREAS, Consultant will render such professional services, as hereinafter defined, on the following terms and conditions;
NOW THEREFORE, in consideration of these recitals, and the mutual covenants contained herein, the City and Consultant agree as follows:
AGREEMENT
1. TERM OF AGREEMENT.
1.1. This Agreement shall be effective on and from the day, month and year of the execution of this document by the City.
1.2. Consultant shall commence the performance of the services in accordance with the Scope of Work section provided in Attachment A to this Agreement and shall continue such services until all tasks to be performed are completed, or this Agreement is otherwise terminated. Consultant shall complete the services and provide final data, reports, and deliverables as described in Attachment A no later than December 31, 2023, unless an extension of time is mutually agreed to by both parties in writing.
2. CONSULTANT'S OBLIGATIONS- SCOPE OF WORK (ATTACHMENT A).
3.F.6
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 2 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
2.1. Consultant shall provide the City with the following services: The specific manner in which the services are to be performed is described in Attachment A which is attached hereto and incorporated herein as though fully set forth at length, collectively hereinafter referred to as “Described Services.”
2.2. Consultant shall perform all work required to accomplish the Described Services in conformity with applicable requirements of Federal, State and Local law.
2.3. Consultant is hired to render the Described Services and any payments made to Consultant are compensation fully for such services.
2.4. Consultant shall maintain professional certifications as required to properly comply with all City, State, and Federal law.
2.5. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. If the City, in good faith, at any time during the term of this Agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons.
2.6. If a license or certification of any kind is required of Consultant, its employees, agents, or subcontractors by federal, state or law and regulation, Consultant warrants that such license has been obtained, is valid and in good standing, and shall keep in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
2.7. Consultant shall provide the City with timely written reports of all significant developments or delays arising during performance of its services.
3. PAYMENT FOR SERVICES (ATTACHMENT A).
3.1. Payment to Consultant to perform its Scope of Work is set forth in Attachment A, attached hereto and incorporated herein. The payments provided in this Section are full compensation for the Scope of Work as described in Attachment A.
3.2. Consultant shall submit monthly bills to the City, describing its services and costs provided during the previous month, based upon percentage of task completed. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant's monthly bills shall include the following information to which such services or costs pertain:
- a description of services performed;
- the date the services were performed;
- the number of hours spent and by whom;
- a description of all costs incurred, and the Consultant's signature.
3.F.6
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 2 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
Consultant agrees to use every appropriate method to contain fees and costs under this Agreement. Once invoice is submitted and approved by the City, City payment will be made within 30 days of approval.
3.3. The amount set forth in Attachment A may be modified or amended only by a written document executed by both Consultant and authorized City representative prior to the performance of the additional work. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement.
4. SUBCONTRACTING.
4.1. Consultant will not subcontract any portion of its Scope of Work without prior written approval of City. If Consultant subcontracts for any of the work to be performed under this Agreement, Consultant shall be as fully responsible to the City for the acts and omissions of Consultant’s subcontractors/subconsultants and for the persons either directly or indirectly employed by the subcontractors/subconsultants, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in the Agreement shall create any contractual relationship between any subcontractor/subconsultant of Consultant and the City. Consultant will be responsible for payment of subcontractors/subconsultants. Consultant shall bind every subcontractor/subconsultant to the terms of the Agreement applicable to Consultant’s work unless specifically noted to the contrary in the subcontract in question and approved in writing by the City. Consultant agrees that the City is an intended third-party beneficiary of any services agreement entered into between Consultant and any subcontractor or subconsultant.
5. PROJECT SCHEDULE AND COMPLETION DATE (ATTACHMENT A).
5.1. Attachment A is the project schedule that Consultant shall strictly meet, including benchmark dates and completion date, which is attached hereto and incorporated herein.
Consultant agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with the schedule specified herein. In the performance of this Agreement, time is of the essence.
5.2. Consultant shall promptly notify the City of any anticipated or unforeseen delays to the project schedule. Extensions to the project schedule and to this Agreement shall not be made without the prior written approval of the City. All requests for extensions to the project schedule shall be by written request only and submitted to the City prior to the commencement of such work.
5.3. Consultant is not responsible for damage or delay in performance caused by events beyond the reasonable control of Consultant. In the event Consultant's services are suspended, delayed or interrupted for the convenience of the City or delays occur beyond the reasonable control of Consultant, an equitable adjustment in Consultant's time of performance and cost of Consultant's personnel and subcontractors may be made.
6. CHANGES IN WORK AND EXTRA WORK. Consultant shall not change the scope or duration of work or perform work in excess of the Scope of Work without the prior, written
3.F.6
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 2 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
approval of the City by an executed Change Order, describing in detail the revision to Scope of Work, revisions in payment and/or time, fully executed by both parties. Failure to obtain a Change Order prior to the commencement of any revision waives Consultant’s right to payment for such additional services.
7. RESPONSIBILITIES OF AND TASKS TO BE PERFORMED BY CITY. City designates Jeff Jones, its City Manager, to represent the City in all matters within the scope of this Agreement relating to the conduct and approval of the work to be performed. Whenever the term “approval of City,” “consult with City,” “confer with City,” or similar terms are used, they shall refer to the City Manager. The City Manager may designate an assistant to act in his/her stead.
The CITY shall furnish upon request, without charge, all standard plans and specifications and any other information which the City now has in its files that may be of use to the Consultant.
Consultant shall be entitled to use and reasonably rely upon all such information provided by the City or others in performing Consultant's services under this Agreement.
8. VERBAL AGREEMENT OR CONVERSATION. No verbal agreement or conversation with any officer, agent, or employee of the City, either before, during or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained nor shall such verbal agreement or conversation entitle Consultant to any additional payment whatsoever.
9. TERMINATION OF AGREEMENT.
9.1. Termination for Convenience. City may terminate this Agreement for City’s convenience at any time by providing Consultant thirty days written notice. Upon receipt of the notice of termination, Consultant shall immediately take action not to incur any additional obligations, costs or expenses, except as may be necessary to terminate its activities. City shall pay Consultant its reasonable and allowable costs through the effective date of termination and those reasonable and necessary costs incurred by Consultant to effect the termination. Thereafter, Consultant shall have no further claims against City under this Agreement. All finished and unfinished documents and materials procured for or produced under this Agreement, including all intellectual property rights City is entitled to, shall become City property upon the date of the termination. Consultant agrees to execute any documents necessary for City to perfect, memorialize, or record City’s ownership of rights provided herein.
9.2. Termination for Breach of Agreement.
9.2.1. If Consultant fails to perform any of the provisions of this Agreement or so fails to make progress as to endanger timely performance of this Agreement, City may give Consultant written notice of the default. City’s default notice will indicate whether the default may be cured and the time period to cure the default to the sole satisfaction of City. Additionally, City’s default notice may offer Consultant an opportunity to provide City with a plan to cure the default, which shall be submitted to City within the time period allowed by City. At City’s sole discretion, City may accept or reject Consultant’s plan. If the default cannot be cured or if Consultant fails to cure within
3.F.6
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 2 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
the period allowed by City, then City may terminate this Agreement due to Consultant’s breach of this Agreement.
9.2.2. If the default under this Agreement is due to Consultant’s failure to maintain the insurance required under this Agreement, Consultant shall immediately: (1) suspend performance of any services under this Agreement for which insurance was required; and (2) notify its employees and Subconsultants of the loss of insurance coverage and Consultant’s obligation to suspend performance of services. Consultant shall not recommence performance until Consultant is fully insured and in compliance with City’s requirements.
9.2.3. If a federal or state proceeding for relief of debtors is undertaken by or against Consultant, or if Consultant makes an assignment for the benefit of creditors, then City may immediately terminate this Agreement.
9.2.4. If Consultant engages in any dishonest conduct related to the performance or administration of this Agreement or violates City’s laws, regulations or policies relating to lobbying, then City may immediately terminate this Agreement.
9.2.5. Acts of Moral Turpitude
a. Consultant shall immediately notify City if Consultant or any Key Person, as defined below, is charged with, indicted for, convicted of, pleads nolo contendere to, or forfeits bail or fails to appear in court for a hearing related to, any act which constitutes an offense involving moral turpitude under federal, state, or local laws (“Act of Moral Turpitude”). b. If Consultant or a Key Person is convicted of, pleads nolo contendere to, or forfeits bail or fails to appear in court for a hearing related to, an Act of Moral Turpitude, City may immediately terminate this Agreement. c. If Consultant or a Key Person is charged with or indicted for an Act of Moral Turpitude, City may terminate this Agreement after providing Consultant an opportunity to present evidence of Consultant’s ability to perform under the terms of this Agreement.
d. Acts of Moral Turpitude include, but are not limited to: violent felonies as defined by Penal Code Section 667.5, crimes involving weapons, crimes resulting in serious bodily injury or death, serious felonies as defined by Penal Code Section 1192.7, and those crimes referenced in the Penal Code and articulated in California Public Resources Code Section 5164(a)(2); in addition to and including acts of murder, rape, sexual assault, robbery, kidnapping, human trafficking, pimping, voluntary manslaughter, aggravated assault, assault on a peace officer, mayhem, fraud, domestic abuse, elderly abuse, and child abuse, regardless of whether such acts are punishable by felony or misdemeanor conviction.
e. For the purposes of this provision, a Key Person is a principal, officer, or employee assigned to this Agreement, or owner (directly or indirectly, through one or more intermediaries) of ten percent or more of the voting power or equity interests of Consultant.
3.F.6
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 2 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
9.2.6. In the event City terminates this Agreement as provided in this section, City may procure, upon such terms and in the manner as City may deem appropriate, services similar in scope and level of effort to those so terminated, and Consultant shall be liable to City for all of its costs and damages, including, but not limited to, any excess costs for such services.
9.2.7. If, after notice of termination of this Agreement under the provisions of this section, it is determined for any reason that Consultant was not in default under the provisions of this section, or that the default was excusable under the terms of this Agreement, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to Article 8 Termination for Convenience.
9.2.8. The rights and remedies of City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement.
9.3. In the event that this Agreement is terminated, Consultant shall immediately notify all employees and Subconsultants, and shall notify in writing all other parties contracted with under the terms of this Agreement within five (5) working days of the termination.
10. COVENANTS AGAINST CONTINGENT FEES. Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, the City shall have the right to terminate this Agreement without liability or, at the City’s discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
11. OWNERSHIP OF DOCUMENTS.
11.1. All computer data, computer drawing files, plans, studies, sketches, drawings, reports, specifications, and all work product produced by Consultant under this Agreement are the property of the City, whether or not the City completes the Scope of Work or proceeds with the project for which such documents are prepared.
11.2. This Agreement creates a nonexclusive and perpetual right or license for City to copy, use, modify, reuse, and sublicense any and all copyrights, designs, and other intellectual property embodied in the writings prepared by Consultant, and Consultant subcontractors, under this Agreement. In the event the City should ever desire to undertake a project or review other proposed projects based upon the documents, the Consultant agrees that the City shall have the right to reuse all or any portion of the documents at no additional compensation to the Consultant.
12. INDEPENDENT CONTRACTOR.
12.1. The Consultant shall perform the services provided for herein in a manner of Consultant's own choice, as an independent contractor and in pursuit of Consultant's
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Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 2 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
independent calling, and not as an employee of the City. Consultant shall be under control of the City only as to the result to be accomplished and the personnel assigned to the Project.
12.2. If the Consultant subcontracts any of the work to be performed under this Agreement pursuant to the terms of this Agreement, Consultant shall be as fully responsible to the City or the acts and omissions of the Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in the Agreement shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontract by the terms of the Agreement applicable to Consultant's work, including indemnity and insurance requirements.
13. HOLD HARMLESS AND INDEMNIFICATION.
13.1. Indemnification - It is understood and agreed that Consultant has the professional skills, experience, and knowledge necessary to perform the work agreed to be performed under this Agreement and that City relies upon the professional skills of Consultant to do and perform Consultant's work in a skillful and professional manner, and Consultant thus agrees to so perform the work.
13.2. Acceptance by City of the work performed under this Agreement does not operate as a release of said Consultant from such professional responsibility for the work performed. It is further understood and agreed that Consultant is apprised of the scope of the work to be performed under this Agreement and Consultant agrees that said work can and shall be performed in a fully competent manner.
13.3. Consistent with California Civil Code section 2782.8, when the services to be provided under this Agreement are design professional services to be performed by a design professional, as that term is defined under said section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, protect, immediately defend, and hold harmless City, and its officers, employees, agents, and volunteers, from and against all claims, demands, damages, costs, or liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, interest, defense costs, and expert witness fees) arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, subcontractors, subconsultants or agents during the performance this Agreement, or from any violation of any federal, state, or municipal law or ordinance to the extent caused, in whole or in part, by the negligence, reckless, or willful misconduct of Consultant or its employees, subcontractors, or agents, or by the quality or character of Consultant’s work, excepting only liability arising from the sole negligence, sole active negligence, or intentional misconduct of City, its officers, employees, agents, and volunteers. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault.
13.4. Other than in the performance of professional services by a design professional, which law shall be solely as addressed in subparagraph 12.3 above, and to the fullest extent
3.F.6
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 2 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City, and its officers, employees, agents, and volunteers, from and against any claims, demands, damages, costs, or liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, or costs of any kind, interest, defense costs, and expert witness fees) arising out of the performance of this Agreement by Consultant, its officers, employees, agents, subcontractors and subconsultants, excepting only that resulting from the sole negligence, sole active negligence, or intentional misconduct of City, its officers, employees, agents, and volunteers. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code.
13.5. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
13.6. Consultant shall not be responsible for warranties, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental, liquidated, or consequential damages to the City or any third party.
Additionally, Consultant shall not be responsible for acts and decisions of third parties, including governmental agencies, other than Consultant’s subconsultants, that impact project completion and/or success.
14. ASSIGNMENT OF AGREEMENT. Consultant is without right to and shall not assign this Agreement or any part thereof or any monies due hereunder without the prior written consent of the City.
15. INSURANCE.
15.1. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the Agreement (including all extensions provided), and provide proof thereof that is acceptable to the City the insurance specified in subsections (A) through (F) below with insurers and under forms of insurance satisfactory in all respects to the City.
Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. The Certificate of Insurance shall clearly identify the project name and number in the space labeled “Description of Operations/Locations/Special Items” on the form.
A. Commercial General and Automobile Liability. Consultant, at Consultant's own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars ($1,000,000) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate
3.F.6
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 2 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 and Insurance Services Office Automobile Liability form CA 0001 Code 1 (any auto).
Each of the following shall be included in the insurance coverage or added as an additional insured endorsement to the policy: City, its officers, employees, agents, and volunteers are to be covered as insured’s as respects each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. In the event that Consultant purchases automobiles during the term of this Agreement, said automobiles shall be likewise covered. The coverage shall contain no special
An endorsement must state that coverage is primary insurance and that no other insurance affected by the City will be called upon to contribute to a loss under the coverage.
Insurance is to be placed with California-admitted insurers with a Best's rating of no less than A:VII.
B. Professional Liability. Consultant shall obtain, and during the term of this Agreement shall maintain, a policy of professional liability insurance that shall:
i. Be from an insurance company authorized to be in business in the State of California;
ii. Be in an insurable amount of not less than $1,000,000 for each occurrence; and
iii. Provide that the policy shall remain in full force during the full term of this Agreement and shall not be canceled, terminated, or allowed to expire without thirty (30) days prior written notice to the City from the insurance company.
C. Workers' Compensation. Statutory Workers' Compensation Insurance and Employer's Liability insurance for any and all persons employed directly or indirectly by Consultant shall be provided with limits not less than one million
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Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 2 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
dollars. In the alternative, Consultant may rely on a self-insurance program to meet these requirements so long as the program of self-insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City for loss arising from work performed under this Agreement.
D. Deductibles and Self-Insured Retentions. During the period covered by this Agreement, upon express written authorization of City Risk Manager, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The City may condition approval of an increase in deductible or self-insured retention levels upon a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
E. Notice of Reduction in Coverage. In the event that any coverage required under subsections (A), (B), or (C) of this section of the Agreement is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five day after Consultant is notified of the change in coverage.
F. Other Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option:
i. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; ii. Order Consultant to stop work under this Agreement or withhold any payment which becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof;
iii. Terminate this Agreement.
iv. Exercise of any of the above remedies, however, is an alternative to other remedies City may have and is not the exclusive remedy for Consultant's failure to maintain insurance or secure appropriate endorsements.
16. DISPUTES.
16.1. If a dispute should arise regarding the performance of this Agreement, the following initial dispute resolution procedures shall be used:
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Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 2 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
A. Within twenty (20) City working days after a dispute regarding the performance of this Agreement arises, it shall be reduced to writing at staff level by the complaining party setting forth the nature of the dispute in detail, along with all pertinent back up documentation in support. The writing shall be delivered to the receiving party by first class mail or personal delivery directly to the party’s project manager, along with recommended methods of resolution.
B. The party receiving the letter shall reply to the letter with a detailed response, along with a recommended method of resolution, if any, within ten (10) City working days of receipt of the letter.
16.2. If the dispute is not resolved at staff level in accordance with Section 15.1, within five (5) City working days of the receiving party response (or longer if agreed between the parties), the aggrieved party, through its respective project manager shall deliver to the General Manager’s office a letter outlining the dispute for the General Manager’s review.
The receiving party may submit further response, if required, to the General Manager within five (5) City working days thereafter. The General Manager, at his/her sole discretion may respond as he/she deems appropriate, including recommendations for resolution, discussions or rejection of the dispute within fifteen (15) working days of receipt of the complaint.
16.3. If the dispute remains unresolved and the parties have exhausted the procedures outlined in this section, the parties may then seek remedies available to them under this Agreement and at law, including, but not limited to, under the termination procedures.
This provision does not relieve Consultant of its obligation and Consultant is required to timely comply with all applicable provisions of the Government Claims Act before initiating any legal proceeding against City.
17. CONFLICT OF INTEREST. Consultant warrants and covenants that it presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this Agreement a violation of any applicable state, local, or federal law, including, but not limited to, Government Code section 1090. If any principal provider of services is a "consultant" for the purposes of the Fair Political Practices Act (Gov. Code § 81000 et seq.), each such person shall comply with Form 721 Statement of Economic Interests filing requirements in accordance with state or City local Conflict of Interest Code. In addition, if any other conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify City of the existence of such conflict of interest so that the City may determine whether to terminate this Agreement.
18. CONSULTANT’S BOOKS AND RECORDS.
18.1. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant.
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Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 2 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
18.2. Consultant shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement.
18.3. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City General Counsel, City Auditor, General Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to City for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Consultant's address indicated for receipt of notices in this Agreement.
18.4. City may, by written request by any of the above-named officers, require that custody of the records be given to City and that the records and documents be maintained in the General Manager's office. Access to such records and documents shall be granted to any party authorized by Consultant’s representatives, or Consultant’s successor in interest.
19. WRITTEN NOTIFICATION. Any notice, demand, request, consent, approval or communication that either party desires or is required to give to the other party shall be in writing and either served personally or sent by prepaid, first-class mail. Any such notice, demand, etc. shall be addressed to the other party at the address set forth below. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section.
If to City: City of Arvin
Attn: City Manager
200 Campus Drive
Arvin, CA 93203
If to Consultant: Carollo Engineers, Inc.
Attn: Ryan Sellman
1401 Fulton Street, Suite 802
Fresno, CA 93721
Any party may change any of the foregoing as it relates to the party by giving written notice to the other party of the change in the manner set forth herein.
20. GENERAL PROVISIONS.
20.1. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
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Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 2 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
20.2. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.
20.3. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Kern.
20.4. Time is of the essence with regard to each covenant, condition and provision of this Agreement.
20.5. This Agreement constitutes the entire agreement between the parties with regard to the subject matter herein and supersedes any prior oral and written agreements and understandings between the parties with respect thereto.
20.6. This Agreement may not be altered, amended, or modified except by a writing executed by duly authorized representatives of all parties.
20.7. In the event any action or proceeding is instituted arising out of or relating to this Agreement, the prevailing party shall be entitled to its reasonable attorney's fees and actual costs.
20.8. This Agreement may be executed in counterparts. A facsimile or electronic copy of this Agreement shall be as effective as the original for all purposes.
20.9. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, successors, and assigns. Notwithstanding the foregoing, Consultant shall not assign this Agreement or any part thereof to any other entity or individual.
20.10. City and Consultant each acknowledge that each party and their respective legal counsel have reviewed this Agreement and agree that this Agreement is the product of negotiations between the parties. This Agreement shall be interpreted without reference to the rule of interpretation of documents that uncertainties or ambiguities therein shall be determined against the party so drafting the Agreement.
20.11. All references to a statute or ordinance, shall incorporate any, or all, successor statute or ordinance enacted to govern the activity now governed by the statute or ordinance, noted herein to the extent, however, that incorporation of such successor statute or ordinance does not adversely affect the benefits and protections granted to the Developer under this Agreement.
20.12. The services to be performed by Consultant are intended solely for the benefit of the City. No person or entity not a signatory to this Agreement shall be entitled to rely on Consultant's performance of its services hereunder, and no right to assert a claim against Consultant by assignment of indemnity rights or otherwise shall accrue
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Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 2 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
to a third party as a result of this Agreement or the performance of Consultant's services hereunder.
21. CONSULTANT'S CERTIFICATION OF AWARENESS OF IMMIGRATION REFORM AND CONTROL ACT. Consultant certifies that Consultant is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements, including but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that are included in this Agreement.
22. ACCESS AND ACCOMMODATIONS
22.1. Consultant shall comply with the Americans with Disabilities Act, as amended, 42 U.S.C. Section 12101 et seq., the Rehabilitation Act of 1973, as amended, 29 U.S.C.
Section 701 et seq., the Fair Housing Act, and its implementing regulations and any subsequent amendments, and California Government Code Section 11135;
22.2. Consultant shall not discriminate on the basis of disability or on the basis of a person’s relationship to, or association with, a person who has a disability;
22.3. Consultant shall provide reasonable accommodation upon request to ensure equal access to CITY-funded programs, services and activities;
22.4. Construction, if any, will be performed in accordance with the Uniform Federal Accessibility Standards (UFAS), 24 C.F.R. Part 40; and
22.5. The buildings and facilities used to provide services under this Agreement are in compliance with the federal and state standards for accessibility as set forth in the 2010 ADA Standards, California Title 24, Chapter 11, or other applicable federal and state law.
Consultant understands that City is relying upon these certifications and representations as a condition to funding this Agreement. Any subcontract entered into by Consultant for work to be performed under this Agreement must include an identical provision. [Signature Page Follows]
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Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 2 to PSA with
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Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 2 to PSA with
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
ATTACHMENT A
Scope of Work and
Payment for Services, Project Budget, Project Schedule and Timeline Project Approach & Scope of Work: Refer to attached Proposal to Provide Engineering Services for Funding and Permitting Assistsance from Carollo Engineers, Inc. dated April 10, 2023.
Should the proposed Cease and Desist Order not issue, the scope of work and payment for services, project budget, project schedule, and timeline shall be modified accordingly.
Timeline and Fee Proposal: Refer to attached Proposal to Provide Engineering Services for Funding and Permitting Assistsance from Carollo Engineers, Inc. dated April 10, 2023.
Once an invoice is submitted and approved by the City, City payment will be made within 30 days of approval. The payment provided is full compensation for the funding and permit assistance services as mentioned in Attachment A. Carollo Engineers, Inc. shall bill every 30 days. The City shall pay each invoice within 30 days of approval of the invoice until project completion and close-out.
3.F.6
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 2 to PSA with 1401 Fulton Street, Suite 802
Fresno, California 93721
P. 559-436-6616 / F. 559-436-1191
carollo.com
30086 AV001 / Arvin Funding and Permitting Assistance.docx April 10, 2023
Mr. Jeff Jones
City Manager
City of Arvin
200 Campus Drive
Arvin, CA 93203
Subject: Proposal to Provide Professional Engineering Services for Funding and Permitting Assistance Dear Jeff:
Carollo Engineers, Inc. (Carollo) is pleased to provide the City of Arvin (City) with this scope of services for funding and permitting assistance. The City Wastewater Treatment Facility (WWTF) is in receipt of a Tentative Cease and Desist Order and Connection Restriction R5-2023-XXXX (tentative CDO) from the Central Valley Regional Water Quality Control Board (RWQCB). The tentative CDO alleges that the City has violated Waste Discharge Requirements (WDRs) Order No. 5-00-093. We have prepared this proposal to support the City through adoption of the CDO and with the preparation of the CDO-required Report of Waste Discharge. This scope of work also provides support to assist the City with development of a planning grant application package.
Scope of Work
Carollo’s scope of services, time of completion and compensation shall be as set forth herein.
Task 1 – Project Management and Meetings
Task 1.1 Project Management
Carollo’s Project Manager will manage project budget, prepare monthly progress reports, and coordinate with City staff. This task assumes a project duration of eight (8) months.
Task 1.2 Meetings
Carollo will participate in project, staff, and/or RWQCB meetings, as desired by the City. For budgeting purposes, it is assumed that Carollo will attend six (6) teleconference meetings over the duration of the project, requiring two (2) hours of three (3) team members’ time (each) per meeting.
Task 1 Deliverables:
Monthly invoicing/progress reports.
Meeting notes.
Task 2 – Assistance with Cease and Desist Order Adoption Task 2.1 Background Review and RWQCB Board Meeting Preparation This task includes reviewing background information and assisting the City with preparations for the RWQCB Board Meeting on April 28, 2023. This Scope of Services assigns 40 hours of Carollo’s time. An amendment will be prepared if additional effort is needed for this task.
3.F.6
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 2 to PSA with Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2023
Carollo will request a meeting with RWQCB staff (see Task 1.2) in advance of the April 28, 2023, Board meeting to discuss CDO provisions and related requirement due dates. Carollo will work with the RWQCB on CDO modifications in an effort to protect the City’s best interest with the adopted CDO.
Task 2.2 Attendance at RWQCB Board Meeting
It is assumed that Carollo will attend the RWQCB Board Meeting on April 28, 2023, requiring two (2) hours of two (2) team members’ time (each) to join via teleconference and requiring six (6) hours of one (1) team members’ time to attend in-person. Carollo will prepare informational slides, as necessary, and will address the Board regarding any items that remain on the list for negotiation following the Task 2.1 discussion with the RWQCB and the City.
Task 3 – Report of Waste Discharge
Carollo will prepare a Report of Waste Discharge (ROWD) technical report package for submittal to the RWQCB in accordance with the adopted CDO requirements. It is assumed the adopted CDO requirements will remain the same as the tentative CDO requirements, which include submittal of:
Signed Form 200.
A technical report and proposed time schedule for implementing short-term measures to bring the WWTF back into compliance with the WDRs. The technical report will include a time schedule for completing necessary repairs and improvements to Pond 3 by no later than two years from the date of adoption of the CDO. The technical report will include detailed design plans, an engineering analysis of existing effluent flows, current WWTF storage and disposal capacities, a determination of how much land application area (LAA) acreage is needed to comply with the WWTF’s existing and currently permitted flows, and a time schedule not to exceed two years to obtain the necessary LAA acreage to ensure compliance with the existing WDRs. The technical report will also describe the City’s progress towards securing funding necessary to complete the Pond 3 repairs and improvements and an anticipated date for receiving the funding. A technical report and proposed time schedule for upgrading the WWTF to provide for treatment and disposal of wastes in the long-term. The technical report will include a description of the proposed treatment system to be used, proposed disinfection system (if applicable), and a detailed time schedule for completing tasks associated with the planning, design, and construction phases for upgrading the WWTF. The technical report will also describe plans for securing funding necessary for completing the upgrades.
It is assumed the RWQCB will provide a minimum three (3) month extension for the due date for the Report of Waste Discharge (due July XX, 2023, per the tentative CDO).
Carollo will prepare a Draft ROWD for City review and will incorporate City comments into a final version for submittal to the RWQCB.
Task 3 Deliverables:
Draft Report of Waste Discharge.
Final Report of Waste Discharge.
3.F.6
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 2 to PSA with Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2023
Task 4 – SWRCB CWSRF Planning Grant Application Support The scope of work provides funding support for the development of a Planning Grant application for the City under the State Water Resources Control Board (SWRCB) Clean Water State Revolving Fund (CWSRF) Small Community Program for a project to bring the WWTF back into compliance with the WDRs . It is assumed that the City qualifies as a severely Disadvantaged Community and falls under the Small Community Program based on the analyses provided regarding the population served and medium household income (MHI). Confirmation of small community status by the SWRCB is assumed in April 2023.
Task 4.1 Small Community Wastewater Planning Grant Application Carollo will prepare a SWRCB Small Community Program, State Revolving Fund (SRF) Planning Grant Application for the City to complete required planning and design required to move the project towards construction to address permit requirements. Carollo will work with the City, City finance and engineering, and others to identify and obtain necessary project information required to complete the SRF Planning Application.
Carollo will develop a draft Planning Grant Application, including Applicant Information, Project Information, Project Service Area Demographics, Regulatory Information, Water Management and Water Rights Requirements, and Technical Attachments working with the City. Carollo will also compile City-provided financial information for the Planning Grant Application. This financial information includes, but is not limited to, financial statements, cash flow information, service management/operating and joint powers agreements, tax data, and certifications/resolutions. The City will facilitate City Council approval of the required Authorizing Resolution and coordinate required signatures. Carollo will develop the draft and final Planning Grant Application package for City review and, as requested, will submit the final packages to the SWRCB Division of Financial Assistance Financial Assistance Application Submittal Tool (FAAST) portal and notify the State of such submittal.
Carollo will support the City with discussions with the SWRCB regarding the application submittal as well as engage with the State on grant opportunities. Carollo will promptly address SWRCB review questions to keep the SRF Package review on track and will coordinate and communicate with the State during the package review process. Carollo will assist the City with final execution of the funding agreement.
Task 4.2 SRF Plan of Study
Carollo will develop a Plan of Study per CWSRF guidelines as required to support the Planning Grant Application.
The Plan of Study will include an executive summary/overview, system information (including general overview, collection system, system map, treatment facilities, and project area), Project Information (including project scope/details, scope of work to be completed with funding, budget and schedule) and a summary of deliverables including timelines. Carollo will develop a draft Plan of Study for City review and will incorporate City comments into the final Plan of Study.
Task 4 Deliverables:
Draft CWSRF Planning Grant Application.
Final CWSRF Planning Grant Application.
Draft Plan of Study.
3.F.6
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 2 to PSA with Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2023
Final Plan of Study.
Schedule
A schedule will be developed upon Notice To Proceed (NTP) for the City to review.
Compensation
Carollo’s compensation for the proposed basic services will not exceed one hundred thirty-seven thousand four hundred dollars ($137,400), as summarized below, without prior authorization from the City. These costs are developed in the attached Exhibit A, utilizing Carollo’s current Fee Schedule.
Table 1 Basic Services Tasks
Description Fee
Task 1 – Project Management and Meetings $13,600
Task 2 – Assistance with Cease and Desist
Order Adoption
$16,300
Task 3 – Report of Waste Discharge $80,900
Task 4 – SWRCB CWSRF Planning Grant
Application Support
$26,600
Assumptions
The following assumptions were made in the preparation of this Scope of Services:
Meetings will be conducted by phone/video conference. All submittals via electronic media (pdf, email). Reproduction (printing) of deliverables is not included. No subsurface utility exploration (potholing), geotechnical investigation, or site survey will be required for development of detailed design plans for Pond 3 repair. City will provide financial information and background information for Carollo to apply for the planning grant.
Exclusions
This scope has the following project exclusions:
Construction of Pond 3 repairs and identified WWTF upgrades. Construction of Pond 3 repairs and identified WWTF upgrades, including preparation of the final construction report, are not included in the current scope of work. Carollo will work with the City in scoping this effort upon request. Design and construction of identified WWTF upgrades. Design and construction of identified WWTF upgrades are not included in the current scope of work. Carollo will work with the City in scoping this effort upon request.
3.F.6
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 2 to PSA with Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2023
Our team appreciates the opportunity to serve the City. Please do not hesitate to contact us with any questions or concerns you may have regarding this proposal to assist your team.
Sincerely,
CAROLLO ENGINEERS, INC.
Ryan Sellman, PE
Project Manager
Enclosure: Exhibit A (Labor Hour and Cost Proposal)
3.F.6
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 2 to PSA with
SUBCONSULTANTS TOTAL
Description VP (SP) PM (PP) P CAD WP (C) TOTAL TOTAL Mileage PECE TASK
CAROLLO
HOURS
CAROLLO
LABOR Miles $0.625 Printing 14.00 $ TOTAL
Task Labor Cost ($/Hr) $322.00 $276.00 $234.00 $180.00 $119.00 COSTS per mile per hour ODCs COSTS Task 1 - Project Management and Meetings
1.1 Project Management 2 8 0 0 0 10 2,852 $ - $ 0 -$ - $ 140 $ 140 $ 3,000 $
1.2 Meetings 12 12 12 0 0 36 9,984 $ - $ 220 138 $ - $ 504 $ 642 $ 10,600 $ Task 1.0 Total 14 20 12 0 0 46 12,836 $ - $ 220 138 $ - $ 644 $ 782 $ 13,600 $ Task 2 - Assistance with Cease and Desist Order Adoption
2.1 Background Review and RWQCB Board Meeting Preparation 8 16 24 0 0 48 12,608 $ - $ 0 -$ - $ 672 $ 672 $ 13,300 $
2.2 Attendance at RWQCB Board Meeting 2 6 2 0 0 10 2,768 $ - $ 220 138 $ - $ 140 $ 278 $ 3,000 $ Task 2.0 Total 10 22 26 0 0 58 15,376 $ - $ 220 138 $ - $ 812 $ 950 $ 16,300 $ Task 3 - Report of Waste Discharge 12 60 200 40 16 328 76,328 $ - $ 0 -$ - $ 4,592 $ 4,592 $ 80,900 $ Task 3.0 Total 12 60 200 40 16 328 76,328 $ - $ 0 -$ - $ 4,592 $ 4,592 $ 80,900 $ Task 4 - SWRCB CWSRF Planning Grant Application Support
4.1 Small Community Wastewater Planning Grant Application 4 30 24 0 4 62 15,660 $ - $ 0 -$ - $ 868 $ 868 $ 16,500 $
4.2 SRF Plan of Study 4 8 24 0 4 40 9,588 $ - $ 0 -$ - $ 560 $ 560 $ 10,100 $ Task 4.0 Total 8 38 48 0 8 102 25,248 $ - $ 0 -$ - $ 1,428 $ 1,428 $ 26,600 $ TOTALS 44 140 286 40 24 534 129,788 $ - $ 440 275 $ - $ 7,476 $ 7,751 $ 137,400 $
EXHIBIT A
City of Arvin
Professional Engineering Services for Funding and Permitting Assistance
LABOR HOUR AND COST PROPOSAL
CAROLLO LABOR EXPENSES
3.F.6
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers,
Staff Report Comanche & Varsity Project –ZC 2024-01.
CITY OF ARVIN
City Council
Staff Report
Meeting Date: May 28, 204
TO: Arvin City Council
FROM: Chris Soriano, City Planner
Jeff Jones, City Manager/Finance Director
SUBJECT: A Public Hearing to Consider:
Second Reading and adoption of An Ordinance of the City of Arvin, California, Amending the Official Zoning Map, Heretofore Adopted by Section 17.06.020 of the Arvin Municipal Code, Being the Zoning Ordinance of the City of Arvin, for Zone Change 2024-01 – Comanche Drive and Varsity Avenue. The Ordinance proposes a Zone Change from R-1 Single Family Dwelling – PUD Planned Urban Development to R-4 Multiple Family Residential, Uncodified Ordinance.
BACKGROUND: The Planning Commission, at the conclusion of their public hearing on May 2, 2023, and upon the results of the Initial Study and implementation of the Housing Element Goals which has identified the need for additional lands for high density housing to accommodate future growth. The City Council on May 23,2023 voted 2-2 no action. City staff reintroduce the item to City Council on April 23,2024 and voted 5-0 to approve the first reading. On May 14, 2024 city staff continued the item to the following city council meeting. City Staff are recommending the City Council to approve the second reading and adopt the ordinance.
The project under consideration proposes to amend the general plan land use designation of the property located at the southeast corner of Comanche Drive and Varsity Avenue from Low Density Residential to High Density Residential and to rezone the property from R-1-PUD – Single Family Dwelling Planned Urban Development to R-4 Multiple Family Dwelling. The project is in implementation of the 2023 Housing Element goals and policies which has identified the need to provide additional opportunities for housing. The General Plan estimates a population increase of more than 20,000, which is double the existing population. In addition, the 2013-2023 Housing Element indicates a need for 1,168 residential units. The City of Arvin, Lead Agency, considers the Project site to have development potential and proposes to change the land use designation and zone district to facilitate future higher density residential development.
APPLICANT – PROPERTY OWNER INFORMATION:
Applicant: Property Owner:
City of Arvin
Community Development Department
200 Campus Drive
Arvin, CA 93203
Contact: Chris Soriano, City Planner
City of Arvin
200 Campus Drive
Arvin, CA 93203
4.A.1
Attachment: Staff Report - ZC 2024-01 Second Reading_052824 (Public Hearing: 2nd Reading & Adoption - Ordinance GP & ZC 2024-01
Staff Report Comanche & Varsity Project –ZC 2024-01.
SUMMARY OF PROJECT INFORMATION:
Project Address: No Address Assigned
Project Location: The Project site is located on the southeast corner of Comanche Drive and Varsity Avenue.
Assessor Parcel No. and
Size:
The site consists of one (1) parcel identified by the Kern County Assessor as Assessor’s Parcel Number (APN) 190-020-38
totaling approximately 2.84 +/- acres.
Zoning: (R-1 PUD) R-1 – Single Family Dwelling Zone District and has a PUD - Planned Urban Development Zone District overlay General Plan Land Use
Designation
Low Density Residential
PROJECT SITE LOCATION:
The Project site is in the jurisdiction of the City of Arvin, Kern County, California. The site is located on the southeast corner of North Comanche Drive and Varsity Avenue and the site consists of one (1) parcel identified by the Kern County Assessor as Assessor’s Parcel Number (APN) 190- 020-38 totaling approximately 2.84 acres.
GENERAL PLAN LAND USE AMENDMENT AND ZONE CHANCE - PROJECT OVERVIEW – SITE INFOMRATION:
This Project is funded by SB 2 grant funding for the purpose of providing additional opportunities for housing, in line with the goals contained in the Arvin General Plan and 2021- 2023 Housing Element. The General Plan estimates a population increase of more than 20,000, which is double the existing population. In addition, the 2013-2023 Housing Element indicates a need for 1,168 residential units. The City of Arvin, Lead Agency, considers the Project site to have development potential and proposes to change the land use designation and zone district to facilitate future higher density residential development.
4.A.1
Attachment: Staff Report - ZC 2024-01 Second Reading_052824 (Public Hearing: 2nd Reading & Adoption - Ordinance GP & ZC 2024-01
Staff Report Comanche & Varsity Project –ZC 2024-01.
The Project site as it currently exists is vacant with no onsite improvements or structures. Street frontage improvements are limited to Varsity Avenue which has curb, gutter, and sidewalk along the frontage. Improvements along Comanche Drive are limited to existing overhead electricity.
NO frontage improvements exist.
The Project site is vacant and generally surrounded by a mix of agricultural and residential uses.
There are existing single-family residential subdivisions to the south and east and agricultural land to the north and west. The properties to the south and east are planned and zoned for low-density residential uses, the property to the north is planned and zoned for a school, and the property to the west is within the County and is planned for mineral and petroleum uses and is zoned Agriculture.
Existing Uses, General Plan Designations, and Zone Districts of Surrounding Properties Direction
from the
Project
site
Existing Land Use Planned Land Use Zone District
North Agricultural Schools SCH-CUP School Conditional Use Permit
South Single-Family
dwellings
Low Density
Residential
R-1 Single Family Dwelling/PUD
Planned Urban Development
East Single-family
dwellings
Low Density
Residential
R-1 Single Family Dwelling/PUD
Planned Urban Development
West Agricultural 8.4 – Mineral and
Petroleum (County) A - Agriculture (County)
4.A.1
Attachment: Staff Report - ZC 2024-01 Second Reading_052824 (Public Hearing: 2nd Reading & Adoption - Ordinance GP & ZC 2024-01
Staff Report Comanche & Varsity Project –ZC 2024-01.
EXISTING GENERAL PLAN LAND USE DESIGNATION AND ZONING:
Currently, the 2018 Arvin General Plan Land Use Designation is Low Density Residential “the Low-Density Residential land use designation allows traditional single-family and two-family homes in the City of Arvin with one to ten dwelling units per acre. Residences in this category consist generally of single-family detached houses with private yards.
The maximum density range of the Low-Density Residential land use designation is 6 to 10 units per acre. The project site is currently zoned R-1-PUD – Single Family Dwelling with Planned Urban Development overlay as shown below.
4.A.1
Attachment: Staff Report - ZC 2024-01 Second Reading_052824 (Public Hearing: 2nd Reading & Adoption - Ordinance GP & ZC 2024-01
Staff Report Comanche & Varsity Project –ZC 2024-01.
Existing General Plan Land Use Designation- LD Existing Zoning Classification – R-1 PUD PROPOSED GENERAL PLAN LAND USE DESIGNATION AND ZONING:
The City of Arvin proposes General Plan Amendment (GPA) 2024-01 to change the land use designation from Low Density Residential to High Density Residential in order to facilitate higher density, multi-family residential development. According to the General Plan, “the High-Density Residential developments consist typically of multi-family housing projects such as apartments and condominiums. Areas designated High Density Residential are to be integrated thorough the community adjacent to transportation, community services, and commercial developments. A minimum residential density development shall be 21 units per acre. Should development be proposed at a lower than minimum density, it shall be the responsibility of the developer to add additional lands to the High-Density Residential Land Use Designation and rezone alternative sites to offset the loss of housing opportunities for affordable housing. The replacement of the site(s) for housing opportunity shall occur prior to or concurrent with the development of lower density residential or alternative land use development. Typical zoning designation is R-4.” The current residential density range of the High-Density Residential land use designation is 16 to 24 dwelling units per acre.
With this assumed maximum density, buildout of the Project site could yield a maximum of 85 multi-family residential units (calculation: 30 dwelling units per acre multiplied by 2.84 acres equals 85.2). The proposed zone changes of the 2.84 +/- Acres to R-4 – Multiple Family Dwelling zone district will permit a residential density range of up to 68 to 85 residential units.
4.A.1
Attachment: Staff Report - ZC 2024-01 Second Reading_052824 (Public Hearing: 2nd Reading & Adoption - Ordinance GP & ZC 2024-01
Staff Report Comanche & Varsity Project –ZC 2024-01.
Proposed General Plan Land Use Designation –
High Density Dwelling
Proposed Zoning Classification – R-4
Multiple Family Dwelling
PUBLIC HEAING NOTICE AND NOTICE TO THE SURROUNDING PROPERTIES:
Public hearing notice was posted on April 26, 2024, providing a minimum 10-day review, and mailed the same notice to properties within 300 feet of the proposed project and provided a 10- days prior to the project hearing in accordance with Government Code Sections 65355 and 65090. (Public Hearing Notice on File at the City Clerk’s Office) RECOMMENDATION – CITY COUNCIL ACTION:
Open the Public Hearing, receive summary staff report, receive public testimony, close the public hearing. Perform the second reading of “An Ordinance of The City Of Arvin, California, Amending The Official Zoning Map, Heretofore Adopted By Section 17.06.020 Of The Arvin Municipal Code, Being The Zoning Ordinance Of The City Of Arvin, for Zone Change 2024-01- Comanche Drive and Varsity Avenue. The Ordinance proposes a Zone Change from R-1 Single Family Dwelling – PUD Planned Urban Development to R-4 Multiple Family Residential, Uncodified Ordinance.
FINANCIAL IMPACT:
The project is funded by an SB2 Grant which off-set the costs of the consultant’s contract in the preparation of the investigation, environmental documentation, staff support in the review and preparation of the planning commission and city council reports.
END OF REPORT.
4.A.1
Attachment: Staff Report - ZC 2024-01 Second Reading_052824 (Public Hearing: 2nd Reading & Adoption - Ordinance GP & ZC 2024-01
Staff Report Comanche & Varsity Project –ZC 2024-01.
Attachments:
• Ordinance of the City Council - Uncodified Ordinance of the City of Arvin City Council Adopting Zone Change 2024-01 – SE Comanche Drive and Varsity Avenue Project.
Documents on file at City Clerk’s Office:
1. Public Hearing Notice– Notice of Intent to Adopt a Ordinance Amendment
2. City Council Reports, Exhibits and Attachments for the April 23,2024 City Council Meeting
4.A.1
Attachment: Staff Report - ZC 2024-01 Second Reading_052824 (Public Hearing: 2nd Reading & Adoption - Ordinance GP & ZC 2024-01 Ordinance Amending Official Zoning Map - Zone Change 2024-01 R-4 Multiple Family Dwelling (Comanche Drive & Varsity Ave)
ORDINANCE NO. ____________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARVIN
AMENDING THE OFFICIAL ZONING MAP, HERETOFORE ADOPTED
BY SECTION 17.06.020 OF THE ARVIN MUNICIPAL CODE, BEING THE
ZONING ORDINANCE OF THE CITY OF ARVIN, FOR ZONE CHANGE
2024-01-COMANCHE DRIVE AND VARSITY AVENUE. THE
ORDINANCE PROPOSES A ZONE CHANGE FROM R-1 SINGLE
FAMILY DWELLING – PUD PLANNED URBAN DEVELOPMENT TO R4 MULTIPLE FAMILY RESIDENTIAL, UNCODIFIED ORDINANCE.
WHEREAS, the City of Arvin (the "City") has an adopted General Plan and zoning ordinance; and
WHEREAS, the requested zone change areas are as follows: Assessor’s Parcel Number (APN) 190-020-38 totaling approximately 2.84 acres from Low Density Residential to High Density Dwelling Residential; and
WHEREAS, the City has proposed 2.84 Acres rezone from R-1-PUD, Single Family Dwelling with Planned Urban Development Overlay to R-4 High Density Dwelling Residential Housing to assist in the implementation of the 2013-2023 Housing Element goals, polices, and work programs; and
WHEREAS, the 2013-2023 Housing Element indicates a need for 1,168 residential units.
The City of Arvin, Lead Agency, considers the Project site to have development potential and proposes to change the land use designation and zone district to facilitate future higher density residential development; and
WHEREAS, the City is concurrently considering General Plan Amendment 2024-01 for the project site; and
WHEREAS, an environmental Initial Study and a Notice of Intent to Adopt a Mitigated Negative Declaration were prepared by the City, as lead agency, in accordance with the requirements of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines and the City CEQA Guidelines, and sent to all responsible and trustee agencies and posted in the Office of the County Clerk; and
WHEREAS, the Notice of Intent to adopt a Mitigated Negative Declaration was filed with the Kern County Clerk’s office and a public review period of thirty (30) from March 30, 2023 to April 28, 2023 was provided; and
WHEREAS, copies of the environmental document and general Plan Amendment 2024- 01 Comanche Drive and Varsity Avenue were made available for public inspection during public review period at the City Clerk’s office and the City of Arvin Community Development Department, 141 Plumtree Drive, Arvin, California and on the City’s website; and,
4.A.2
Attachment: Ordinance ZC 2024-01_CC Mtg 052824 (Public Hearing: 2nd Reading & Adoption - Ordinance GP & ZC 2024-01 Comanche & Ordinance Amending Official Zoning Map - Zone Change 2024-01 R-4 Multiple Family Dwelling (Comanche Drive & Varsity Ave)
WHEREAS, during the 30-day public review period of the Initial Study and Notice of Intent to adopt the Mitigated Negative Declaration, the City received no inquires requesting additional information and received four emails, comment letters, and one objection by email; and WHEREAS, the City properly noticed the April 23, 2024 City Council meeting to consider the proposed General Plan Amendment 2024-01; and
WHEREAS, proof of the posted public hearing notice is on file at the City Clerks’ office; and
WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred; and WHEREAS, approval of ZC 2024-01 is warranted given public necessity, convenience, general welfare, and good zoning practices; and
WHEREAS, the City Council intends to adopt Zone Change 2024-01, including the associated Mitigated Negative Declaration and Mitigation Monitoring Reporting and Applicable Programs, for the project contingent upon approval of a resolution adopting General Plan Amendment 2024-01.
NOW, THEREFORE, the City Council of the City of Arvin does ordain as follows:
Section 1. The above recitals are true and correct.
Section 2. The City Council finds that public necessity, convenience, general welfare, or good zoning practices justify adoption of Zone Change 2024-01. Specifically, the change is consistent with the General Plan goals and policies, any operative plan, or adopted policy. The change implements adopted polices of the General Plan Land Use Element in that the overall density complies is consistent with the General Plan. Approval of the change would assist with the implementation of the 2013-2023 Housing Element Goals and Policies in providing opportunity site for high density residential development. The change is also consistent with the purpose of the Development Code to promote the growth of the city in an orderly and sustainable manner, and to promote and protect the public health, safety, peace, comfort, and general welfare. The change is also necessary for good zoning practices to achieve the balance of land uses desired by the City and to provide sites for needed housing, consistent with the General Plan any applicable operative plan, or adopted policy.
Additionally:
a. Zone Change 2024-01 is consistent with the General Plan in that the rezoning directly implements adopted polices of the General Plan Land Use Element in that the overall density is in compliance.
b. Zone Change 2024-01, assists in the implementation of the Housing Element in providing opportunity site for high density residential development, provides for additional housing stock, and provides for additional affordable housing. c. The area subject to Zone Change 2024-01 is physically suitable for the proposed type of and intensity of development in that the site is flat with no unique geologic characteristics visible.
4.A.2
Attachment: Ordinance ZC 2024-01_CC Mtg 052824 (Public Hearing: 2nd Reading & Adoption - Ordinance GP & ZC 2024-01 Comanche & Ordinance Amending Official Zoning Map - Zone Change 2024-01 R-4 Multiple Family Dwelling (Comanche Drive & Varsity Ave)
Section 3. The City Council adopts Zone Change 2024-01, which rezones Assessor’s Parcel Number (APN) 190-020-38 totaling approximately 2.84 acres and is located on at the southeast corner of Comanche Drive and Varsity Avenue.
Section 4. The City Clerk shall certify to the adoption of this Ordinance and cause it to be published, in accordance with Government Code, Section 36933, or as otherwise required by law.
Section 5. This Ordinance shall take effect and be in full force and effect from and after thirty (30) calendar days after its final passage and adoption.
I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council of the City of Arvin after waiving reading, except by Title, at a regular meeting thereof held on the 23rd day of April 2024, and adopted the Ordinance after the second reading at a regular meeting held on the _________ day of ________________ 2024, by the following roll call 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
Exhibit A: Zoning Designation Map for GPA/ZC 2024-01 Comanche Drive and Varsity Avenue I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Ordinance passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
4.A.2
Attachment: Ordinance ZC 2024-01_CC Mtg 052824 (Public Hearing: 2nd Reading & Adoption - Ordinance GP & ZC 2024-01 Comanche & Ordinance Amending Official Zoning Map - Zone Change 2024-01 R-4 Multiple Family Dwelling (Comanche Drive & Varsity Ave)
EXHIBIT A
ZONE AMENDMENT: R-4 - MULTIPLE FAMILY DWELLING
ZONE CHANGE NO. 2024-01 - COMANCHE DRIVE AND VARSITY AVENUE ASSESSOR PARCEL NUMBERS:
190-260-38 (2.84 Acres)
4.A.2
Attachment: Ordinance ZC 2024-01_CC Mtg 052824 (Public Hearing: 2nd Reading & Adoption - Ordinance
CITY OF ARVIN
Staff Report
Meeting Date: May 28, 2024
TO: Arvin City Council
FROM: Cecilia Vela, City Clerk
Jeff Jones, City Manager / Finance Director
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARVIN, CALIFORNIA, AMENDING APPENDIX A TO CHAPTER 1.24 OF THE ARVIN MUNICIPAL CODE RELATING TO THE CITY’S CONFLICT OF INTEREST CODE.
BACKGROUND:
The Political Reform Act (Government Code Sections 87302, 87302.6, 87303, 87306, 87306.5, 87307, 87309, 87310, 87311, and 87314) requires each city to review its conflict of interest code biennially and notify the City Council as to whether or not the code needs to be amended. A conflict of interest code tells public officials, governmental employees, and consultants what financial interests they must disclose on their Statement of Economic Interests (Form 700). The City Council is the code reviewing body for City agencies. The completed biennial notice must be submitted to the City Council no later than October 1, 2024. An agency’s amended code is not effective until it has been approved by the City Council.
There have been changes to the City of Arvin’s organizational structure including positions that were eliminated and new positions added since the code was last approved. Staff has prepared the Ordinance that includes these changes, and it is attached to the agenda handouts for Council’s review and approval. First reading and introduction of the Ordinance was held and approved during a public hearing at the Arvin City Council Meeting of May 14, 2024.
STAFF RECOMMENDATION:
Staff recommends the City Council consider adopting the Ordinance to be read by title only, open the hearing, allow for public testimony, close the hearing, waive second reading of the Ordinance, and approve the adoption of the Ordinance.
FINANCIAL IMPACT:
None.
ATTACHMENTS:
- 2024 Local Agency Biennial Notice
- Proposed Ordinance Amending Appendix A to Chapter 1.24 of the Arvin Municipal Code Related to the City’s Conflict of Interest Code.
4.B.1
Attachment: Staff Report Ordinance Amending Appendix A to AMC Chptr 1.24 Relating to Conflict of Interest Code_052824 (Public Hearing: 2nd www.fppc.ca.gov
FPPC Advice: [email protected] (866.275.3772)
2024 Local Agency Biennial Notice
Name of Agency:
Mailing Address:
Contact Person: Phone No.
Email: Alternate Email:
Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. The biennial review examines current programs to ensure that the agency’s code includes disclosure by those agency officials who make or participate in making governmental decisions.
This agency has reviewed its conflict of interest code and has determined that (check one BOX):
An amendment is required. The following amendments are necessary:
(Check all that apply.)
Include new positions
Revise disclosure categories
Revise the titles of existing positions
Delete titles of positions that have been abolished and/or positions that no longer make or participate in making governmental decisions
Other (describe)
The code is currently under review by the code reviewing body. No amendment is required. (If your code is over five years old, amendments may be necessary.)
Verification (to be completed if no amendment is required) This agency’s code accurately designates all positions that make or participate in the making of governmental decisions. The disclosure assigned to those positions accurately requires that all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding designated positions are reported. The code includes all other provisions required by Government Code Section 87302.
__________________________________________ _________________________ Signature of Chief Executive Officer Date
All agencies must complete and return this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2024, or by the date specified by your agency, if earlier, to:
(PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE)
PLEASE DO NOT RETURN THIS FORM TO THE FPPC.
4.B.2
Attachment: 2024 Local Agency Biennial Notice Conflict of Interest Code_052824 (Public Hearing: 2nd Reading & Adoption - Ordinance
Ord Amending Conflict of Interest Code 2024
ORDINANCE NO. _________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARVIN, CALIFORNIA, AMENDING APPENDIX A TO CHAPTER
1.24 OF THE ARVIN MUNICIPAL CODE RELATING TO THE
CITY’S CONFLICT OF INTEREST CODE.
THE CITY COUNCIL OF THE CITY OF ARVIN DOES ORDAIN AS FOLLOWS:
SECTION 1. Amendment of Appendix A to Chapter 1.24. Appendix A to Chapter 1.24 of the Arvin Municipal Code is hereby amended to read as follows:
Appendix A
CITY OF ARVIN CONFLICTS OF INTEREST CODE
LIST OF DESIGNATED POSITIONS
Consultants
City Manager / Finance Director
Chief of Police
Emergency Services / Deputy Chief
Assistant City Manager / Community Development Director City Planner
City Engineer
City Clerk
Senior Building Official/Code Enforcement Officer
Human and Community Resources Manager
Transit Manager
Public Works Supervisor
Finance Supervisor
Grants Manager
Members of Appointed Boards, Committees or Commissions
SECTION 2. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
4.B.3
Attachment: Ordinance AMC Chapter 1.24 Amendment to List of Designated Employees Conflict of Interest Code_052824 (Public Hearing: 2nd
Ord Amending Conflict of Interest Code 2024
ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 3. Effective Date. This ordinance shall take effect thirty (30) days after its passage by the City Council.
SECTION 4. Publication. The City Clerk shall cause this ordinance to be published or posted in accordance with Government Code section 36933.
I HEREBY CERTIFY that the foregoing Ordinance was introduced by the City Council after waiving reading, except by Title, at a regular meeting thereof held on the 14 th day of May
2024, and adopted the Ordinance after the second reading at a regular meeting held on the 28th day of May 2024, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
CECILIA VELA, City Clerk
CITY OF ARVIN
By:
DANIEL BORRELI, Mayor
APPROVED AS TO FORM
By:
NAHTAN 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 Ordinance passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
4.B.3
Attachment: Ordinance AMC Chapter 1.24 Amendment to List of Designated Employees Conflict of Interest Code_052824 (Public Hearing: 2nd
Staff Report – Confirming and Ordering Annual Levy of Assessments FY 24-25 LLMD No. 1
CITY OF ARVIN
Agenda Report
Meeting Date: May 28, 2024
TO: Arvin City Council
FROM: Oscar Fuentes, City Engineer
Jeff Jones, City Manager
SUBJECT: A Resolution of the City Council of the City of Arvin Confirming and Ordering the Annual Levy of Assessments for Fiscal Year 2024-25 for Landscaping and Lighting Maintenance District No. 1.
BACKGROUND
The City of Arvin maintains various landscape, lighting and drainage improvements within the boundaries of Landscape and Lighting Maintenance District No. 1. A report of the improvements and the proposed special assessments must be prepared annually for review by the Council and the public. The Engineer’s Report was completed and approved by the City Council on May 14, 2024, and a public hearing was set for May 28, 2024. The Engineer’s Report listed the proposed parcels to be assessed, the estimated cost of maintenance and operation of the District and maps showing the parcels in the District. The areas included in Landscape Maintenance District No. 1 are tracts 5460 (phases 1-4), 5791, 5813, 5816 (phases 1-9 and 12), 5839, 5854, 5865, 5894 (phases 1-3), 6029, 6052 (phase 1-2), 6174, 6292, 6372, Tract 5816, Phase 11A, Arvin Family Apartments, La Amistad Apartments, and the Hood Street Family Apartments, Taco Bell and associated parcels and Arvin Palace (see the attached Exhibit “A”).
A notification of the public hearing notice was posted on May 16, 2024; at least 10 days prior to the public hearing in accordance with the Landscaping and Lighting Act of 1972. After the public hearing, should the City Council adopt the Resolution, the Engineer’s Report will be signed by the City Clerk, and the City Clerk will transmit the document and a certified copy of the signed resolution to the Kern County Auditor-Controller, Office of Special Assessments no later than June 1
st
, 2024.
RECOMMENDATION
Staff recommends that the City Council open the public hearing, receive testimony from the public, close the public hearing and adopt the resolution confirming the annual levy of assessments and annexations for fiscal year 2024-25 for the Landscaping and Lighting Maintenance District No. 1.
4.C.1
Attachment: Staff Report Confirming and Ordering Levy for LLMD No. 1_052824 (Public Hearing: Confirming & Ordering Annual Levy for LLMD
Staff Report – Confirming and Ordering Annual Levy of Assessments FY 24-25 LLMD No. 1
FISCAL IMPACTS
The funds from the Maintenance District will be collected by the Kern County Assessor’s Office and disbursed to the City as a special assessment. When collected, these assessments will go to their respective funds to pay for the maintenance and operation of the landscaping, walls, drainage, and administration of the District. There will be an increase of 3.4% in fees from the previous year.
ATTACHMENTS
Resolution
Exhibit - Existing Boundaries
Public Hearing Notice
4.C.1
Attachment: Staff Report Confirming and Ordering Levy for LLMD No. 1_052824 (Public Hearing: Confirming & Ordering Annual Levy for LLMD Reso Confirming LLMD No. 1 FY 2024-2025
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
CONFIRMING AND ORDERING THE ANNUAL LEVY OF ASSESSMENTS
FOR FISCAL YEAR 2024-25 FOR LANDSCAPING AND LIGHTING
MAINTENANCE DISTRICT NO. 1.
WHEREAS, on May 14, 2024, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the “Act”), the City Council of the City of Arvin did declare its intention to review, levy and collect the annual assessment for Landscaping and Lighting Maintenance District No. 1 of the City of Arvin (“District”) for fiscal year 2024-25; and WHEREAS, assessments levied within the District provided revenue for the purpose of financing the installation, construction, and maintenance of certain public projects eligible under the Act, including without limitation the operation, maintenance, and servicing of public streets and sidewalks, landscaping, irrigation systems, and other appurtenant facilities; and WHEREAS, said Council did declare its intention to levy and collect the annual assessment for the maintenance and operation of the landscaping facilities in said District; and WHEREAS, on April 23, 2024, pursuant to the provisions of the Act, the City Council initiated proceedings by resolution for the levy and collection of assessments against the assessable lots and parcels of land in the District for Fiscal Year 2024-25 and directed the City Engineer, to prepare and file a written report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Act; and
WHEREAS, in accordance with Article 4 of Chapter 1 of the Act, the Engineer prepared and filed such report (the “Engineer’s Report”) with the City Clerk, and the City Clerk has presented the Engineer’s Report to the City Council; and WHEREAS, on May 14, 2024, the City Council adopted a resolution approving the Engineer’s Report which calculated the annual assessments for the parcels in said District, as filed pursuant to Section 22623 of the Act, and
WHEREAS, on May 14, 2024, the City Council adopted a resolution which set the time and place for a Public Hearing, and
WHEREAS, the notice of the public hearing scheduled for May 28, 2024, was posted on May 16, 2024 in the designated places for posting of public notices in accordance to the Arvin Municipal Code Chapter 1.20.010.
///
///
4.C.2
Attachment: Reso Ordering Levy for LLMD No 1_052824 (Public Hearing: Confirming & Ordering Annual Levy for LLMD No. 1 FY 24-25) Reso Confirming LLMD No. 1 FY 2024-2025
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARVIN AS FOLLOWS:
Section 1. The above recitals are true and correct and are hereby incorporated herein by this reference.
Section 2. That the hearing on said annual levy of assessment was held in accordance with law and all persons desiring to speak were heard.
Section 3. The City Council hereby (1) finds that the public interest and convenience requires and (2) declares its intention to order the levy of and to collect assessments against the assessable lots and parcels of property within an existing assessment district designated “Landscaping and Lighting Maintenance District No. 1 of the City of Arvin” (the “District”) pursuant to the provisions of the Act, for the fiscal year commencing July 1, 2024 and ending June 30, 2025, to pay for the costs and expenses of the improvements described in the Report.
Section 4. The City Council hereby determines that the territory within the District, whose boundaries are set forth in the Engineer’s Report, on file with the City Clerk of the City of Arvin, will be the territory benefited by the maintenance and servicing of the improvements described in said Engineer’s Report with annexations.
Section 5. That the Report, the diagram for the assessment district and the assessment of the estimated costs of the improvements contained therewith and each and every part of said Report, is adopted and approved, and that the assessment of the total amount of the costs and the individual assessments thereof upon the several subdivisions of lane expenses, respectively, from said improvements, and of the expenses incidental thereto, be and the same hereby is finally approved and confirmed as the assessment to pay the costs. The assessment for fiscal year 2024-25 will increase by 3.4%.
Section 6. The Council hereby orders the levy of the assessments described in said Resolution of Intention and the Report.
Section 7. The assessment diagram showing the assessment district referred to in said Resolution of Intention, and also the subdivision of land within the District, as contained in said Engineer’s Report, including the land annexed therein, be and it is hereby finally approved and confirmed as the diagram of the properties to be assessed to pay the costs of the improvements.
Section 8. The City Clerk shall file the diagram and assessment, as confirmed or certified copy thereof, with the Kern County Auditor-Controller no later than June 1 st
, 2024.
Section 9. Based upon a review by the City Manager, City Engineer and City Attorney for the City of Arvin, it has been determined that the District’s annual CPI assessment of 3.4% as is described in this Resolution is exempted from the requirements of Article XIII Section “D” of the California Constitution (Proposition 218).
///
4.C.2
Attachment: Reso Ordering Levy for LLMD No 1_052824 (Public Hearing: Confirming & Ordering Annual Levy for LLMD No. 1 FY 24-25) Reso Confirming LLMD No. 1 FY 2024-2025
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 28 th day of May 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, LLP
I, ________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
4.C.2
Attachment: Reso Ordering Levy for LLMD No 1_052824 (Public Hearing: Confirming & Ordering Annual Levy for LLMD No. 1 FY 24-25)
4.C.3
Attachment: Exhibit A LLMD No. 1 Exisiting Boundaries_052824 (Public Hearing: Confirming & Ordering Annual Levy for LLMD No. 1 FY 24-25)
NOTICE OF PUBLIC HEARING
CITY OF ARVIN
NOTICE IS HEREBY GIVEN THAT THE ARVIN CITY COUNCIL will hold a public hearing in the Council Chambers at 200 Campus Drive, Arvin, CA, on Tuesday, May 28th, 2024 at 6:00 pm for the consideration and possible adoption of:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN TO LEVY AND COLLECT ASSESSMENTS ON LANDSCAPING AND LIGHTING MAINTENANCE DISTRICTS No. 1 AND No. 2 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR THE MAINTENANCE AND
SERVICING OF LIGHTING AND LANDSCAPING AND SETTING THE TIME AND PLACE OF THE PROPOSED LEVY AND COLLECTION OF ASSESSMENTS.
ALL INTERESTED PARTIES are invited to attend said HEARING and express opinions or submit evidence for or against the subject outlined above. The flat rate assessment, as adjusted by the previously approved Consumer Price Index (CPI), for Landscape and Lighting Maintenance Districts No. 1 and No. 2 in the City of Arvin for Fiscal Year 2024-25 will be continued for the parcels currently in the Districts. The purpose of these Districts is for the maintenance, servicing and operation of the landscape, lighting and storm drain basin improvements within the District.
The engineer’s report was accepted by the City during the May 14, 2024 council meeting, and publication of this notice complies with Sections 22552 and 22553 of the California Streets and Highways Code.
FURTHER INFORMATION on the public hearing subject may be obtained or viewed at City Hall or by telephone (661) 854-3134.
NOTICIA DE AUDIENCIA PÚBLICA
CIUDAD DE ARVIN
POR ESTE CONDUCTO SE NOTIFICA QUE EL CONCEJO MUNICIPAL DE ARVIN conducirá una audiencia pública en la Cámara del Concejo Municipal localizada en 200 Campus Drive, Arvin, Ca, el Martes, 28 de Mayo, 2024 a las 6:00 pm de la tarde para la consideración y posible adopción de lo siguiente:
UNA RESOLUCIÓN DEL MUNICIPIO DE LA CIUDAD DE ARVIN PARA EVALUAR Y RECAUDAR EVALUACIONES EN EL DISTRITOS DE MANTENIMIENTO DEL PAISAJE E ILUMINACIÓN No. 1 Y No. 2 DE ACUERDO CON LA LEY DE PAISAJISMO Y ALUMBRADO DE 1972 PARA EL MANTENIMIENTO Y SERVICIO DE ILUMINACIÓN Y PAISAJE Y CONFIGURACIÓN DEL TIEMPO Y LUGAR DE LA POBLACIÓN PROPUESTA Y RECOGIDA DE EVALUACIONES.
TODAS LAS PARTES INTERESADAS están invitadas a asistir a dicha AUDIENCIA y expresar opiniones o presentar evidencia a favor o en contra del tema descrito anteriormente. La evaluación de la tarifa plana, ajustada por el índice de precios al consumidor previamente aprobado, para Mantenimiento de Paisajes e Iluminación El Distritos No. 1 y No. 2 en la Ciudad de Arvin para el Año Fiscal 2024-25 continuará para las parcelas actualmente en los Distritos. El propósito de estos distritos es para el mantenimiento, el servicio y la operación de las mejoras en el paisaje, la iluminación y la cuenca de desagüe pluvial dentro del distrito.
El reporte del ingeniero fue aceptado por la ciudad durante la reunión del Consejo el 14 de Mayo de 2024, y la publicación de este aviso cumple con las secciones 22552 y 22553 de las calles de California y Código de Carreteras.
INFORMACIÓN ADICIONAL sobre el tema de la audencia pública se puede obtener o examinar en el Ayuntamiento de la Ciudad de Arvin o llamando al teléfono (661) 854-3134.
POSTED: May 16, 2024
4.C.4
Attachment: Public Hearing Notice LLMD 1 and 2_English and Spanish (Public Hearing: Confirming & Ordering Annual Levy for LLMD No. 1 FY
Staff Report – Confirming and Ordering Annual Levy of Assessments FY 24-25 LLMD No. 2
CITY OF ARVIN
Agenda Report
Meeting Date: May 28, 2024
TO: Arvin City Council
FROM: Oscar Fuentes, City Engineer
Jeff Jones, City Manager
SUBJECT: A Resolution of the City Council of the City of Arvin Confirming and Ordering the Annual Levy of Assessments for Fiscal Year 2024-25 for Landscaping and Lighting Maintenance District No. 2.
BACKGROUND
The City of Arvin maintains various landscape, lighting, and drainage improvements within the boundaries of Landscape and Lighting Maintenance District No. 2. A report of the improvements and the proposed special assessments must be prepared annually for review by the Council and the public. The Engineer’s Report was completed and approved by the City Council on May 14, 2024, and a public hearing was set for May 28, 2024. The Engineer’s Report listed the proposed parcels to be assessed, the estimated cost of maintenance and operation of the district and maps showing the parcels in the District. The areas included in Landscape Maintenance District No. 2 are Tracts 6407, 6408, 6409, 6667, 6756, 6677 Phase 1 and 2, 5816 phase 10A and 10B, 7321 as well as Garden in the Sun Park and a portion of Walnut Street.
A notification of the public hearing notice was posted on May 16, 2024; 10 days prior to the public hearing in accordance with the Landscaping and Lighting Act of 1972. After the public hearing, should the City Council adopt the Resolution, the Engineer’s Report will be signed by the City Clerk, and the City Clerk will transmit the document and a certified copy of the signed resolution to the Kern County Auditor-Controller, Office of Special Assessments no later than June 1
st
, 2024.
RECOMMENDATION
Staff recommends that the City Council open the public hearing, receive testimony from the public, close the public hearing and adopt the resolution confirming the annual levy of assessments and annexations for fiscal year 2024-25 for the Landscaping and Lighting Maintenance District No. 2.
FISCAL IMPACTS
The funds from the Maintenance District will be collected by the Kern County Assessor’s Office and disbursed to the City as a special assessment. When collected, these assessments will go to their respective funds to pay for the maintenance and operation of the landscaping, walls, drainage, and administration of the District. There will be an increase of 3.4% in fees from the previous year.
4.D.1
Attachment: Staff Report Confirming and Ordering Levy for LLMD No. 2_052824 (Public Hearing: Confirming & Ordering Annual Levy for LLMD Page
2 of 2
Staff Report – Confirming and Ordering Annual Levy of Assessments FY 24-25 LLMD No. 2 ATTACHMENTS Resolution
Exhibit- Location Map
Public Hearing Notice
4.D.1
Attachment: Staff Report Confirming and Ordering Levy for LLMD No. 2_052824 (Public Hearing: Confirming & Ordering Annual Levy for LLMD Reso Confirming LLMD No. 2 FY 2024-2025
RESOLUTION NO. ________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
CONFIRMING AND ORDERING THE ANNUAL LEVY OF
ASSESSMENTS FOR FISCAL YEAR 2024-25 FOR LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 2.
WHEREAS, on May 14, 2024, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code (commencing with Section 22500) (the “Act”), the City Council of the City of Arvin did declare its intention to review, levy and collect the annual assessment for Landscaping and Lighting Maintenance District No. 2 of the City of Arvin (“District”) for fiscal year 2024-25; and WHEREAS, assessments levied within the District provided revenue for the purpose of financing the installation, construction, and maintenance of certain public projects eligible under the Act, including without limitation the operation, maintenance, and servicing of public streets and sidewalks, landscaping, irrigation systems, and other appurtenant facilities; and WHEREAS, said Council did declare its intention to levy and collect the annual assessment for the maintenance and operation of the landscaping facilities in said District; and WHEREAS, on April 23, 2024, pursuant to the provisions of the Act, the City Council initiated proceedings by resolution for the levy and collection of assessments against the assessable lots and parcels of land in the District for Fiscal Year 2024-25 and directed the City Engineer, to prepare and file a written report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the Act; and
WHEREAS, in accordance with Article 4 of Chapter 1 of the Act, the Engineer prepared and filed such report (the “Engineer’s Report”) with the City Clerk, and the City Clerk has presented the Engineer’s Report to the City Council; and WHEREAS, on May 14, 2024, the City Council adopted a resolution approving the Engineer’s Report which calculated the annual assessments for the parcels in said District, as filed pursuant to Section 22623 of the Act, and
WHEREAS, on May 14, 2024, the City Council adopted a resolution which set the time and place for a Public Hearing, and
WHEREAS, the notice of the public hearing scheduled for May 28, 2024, was posted on May 16, 2024 in the designated places for posting of public notices in accordance to the Arvin Municipal Code Chapter 1.20.010.
///
///
4.D.2
Attachment: Reso Ordering Levy for LLMD No 2_052824 (Public Hearing: Confirming & Ordering Annual Levy for LLMD No. 2 FY 24-25) Reso Confirming LLMD No. 2 FY 2024-2025
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ARVIN AS FOLLOWS:
Section 1. The above recitals are true and correct and are hereby incorporated herein by this reference.
Section 2. That the hearing on said annual levy of assessment was held in accordance with law and all persons desiring to speak were heard.
Section 3. The City Council hereby (1) finds that the public interest and convenience requires and (2) declares its intention to order the levy of and to collect assessments against the assessable lots and parcels of property within an existing assessment district designated “Landscaping and Lighting Maintenance District No. 2 of the City of Arvin” (the “District”) pursuant to the provisions of the Act, for the fiscal year commencing July 1, 2024 and ending June 30, 2025, to pay for the costs and expenses of the improvements described in the Report.
Section 4. The City Council hereby determines that the territory within the District, whose boundaries are set forth in the Engineer’s Report, on file with the City Clerk of the City of Arvin, will be the territory benefited by the maintenance and servicing of the improvements described in said Engineer’s Report with annexations.
Section 5. That the Report, the diagram for the assessment district and the assessment of the estimated costs of the improvements contained therewith and each and every part of said Report, is adopted and approved, and that the assessment of the total amount of the costs and the individual assessments thereof upon the several subdivisions of lane expenses, respectively, from said improvements, and of the expenses incidental thereto, be and the same hereby is finally approved and confirmed as the assessment to pay the costs. The assessment for fiscal year 2024- 25 will increase by 3.4%.
Section 6. The Council hereby orders the levy of the assessments described in said Resolution of Intention and the Report.
Section 7. The assessment diagram showing the assessment district referred to in said Resolution of Intention, and also the subdivision of land within the District, as contained in said Engineer’s Report, including the land annexed therein, be and it is hereby finally approved and confirmed as the diagram of the properties to be assessed to pay the costs of the improvements.
Section 8. The City Clerk shall file the diagram and assessment, as confirmed or certified copy thereof, with the Kern County Auditor-Controller no later than June 1 st
, 2024.
Section 9. Based upon a review by the City Clerk, City Engineer and City Attorney for the City of Arvin, it has been determined that the District’s annual CPI assessment of 3.4% as is described in this Resolution is exempted from the requirements of Article XIII Section “D” of the California Constitution (Proposition 218).
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4.D.2
Attachment: Reso Ordering Levy for LLMD No 2_052824 (Public Hearing: Confirming & Ordering Annual Levy for LLMD No. 2 FY 24-25) Reso Confirming LLMD No. 2 FY 2024-2025
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 28 th day of May 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, LLP
I, ________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.
4.D.2
Attachment: Reso Ordering Levy for LLMD No 2_052824 (Public Hearing: Confirming & Ordering Annual Levy for LLMD No. 2 FY 24-25)
4.D.3
Attachment: Exhibit F LLMD No. 2 Location Map_052824 (Public Hearing: Confirming & Ordering Annual Levy for LLMD No. 2 FY 24-25)
NOTICE OF PUBLIC HEARING
CITY OF ARVIN
NOTICE IS HEREBY GIVEN THAT THE ARVIN CITY COUNCIL will hold a public hearing in the Council Chambers at 200 Campus Drive, Arvin, CA, on Tuesday, May 28th, 2024 at 6:00 pm for the consideration and possible adoption of:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN TO LEVY AND COLLECT ASSESSMENTS ON LANDSCAPING AND LIGHTING MAINTENANCE DISTRICTS No. 1 AND No. 2 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 FOR THE MAINTENANCE AND
SERVICING OF LIGHTING AND LANDSCAPING AND SETTING THE TIME AND PLACE OF THE PROPOSED LEVY AND COLLECTION OF ASSESSMENTS.
ALL INTERESTED PARTIES are invited to attend said HEARING and express opinions or submit evidence for or against the subject outlined above. The flat rate assessment, as adjusted by the previously approved Consumer Price Index (CPI), for Landscape and Lighting Maintenance Districts No. 1 and No. 2 in the City of Arvin for Fiscal Year 2024-25 will be continued for the parcels currently in the Districts. The purpose of these Districts is for the maintenance, servicing and operation of the landscape, lighting and storm drain basin improvements within the District.
The engineer’s report was accepted by the City during the May 14, 2024 council meeting, and publication of this notice complies with Sections 22552 and 22553 of the California Streets and Highways Code.
FURTHER INFORMATION on the public hearing subject may be obtained or viewed at City Hall or by telephone (661) 854-3134.
NOTICIA DE AUDIENCIA PÚBLICA
CIUDAD DE ARVIN
POR ESTE CONDUCTO SE NOTIFICA QUE EL CONCEJO MUNICIPAL DE ARVIN conducirá una audiencia pública en la Cámara del Concejo Municipal localizada en 200 Campus Drive, Arvin, Ca, el Martes, 28 de Mayo, 2024 a las 6:00 pm de la tarde para la consideración y posible adopción de lo siguiente:
UNA RESOLUCIÓN DEL MUNICIPIO DE LA CIUDAD DE ARVIN PARA EVALUAR Y RECAUDAR EVALUACIONES EN EL DISTRITOS DE MANTENIMIENTO DEL PAISAJE E ILUMINACIÓN No. 1 Y No. 2 DE ACUERDO CON LA LEY DE PAISAJISMO Y ALUMBRADO DE 1972 PARA EL MANTENIMIENTO Y SERVICIO DE ILUMINACIÓN Y PAISAJE Y CONFIGURACIÓN DEL TIEMPO Y LUGAR DE LA POBLACIÓN PROPUESTA Y RECOGIDA DE EVALUACIONES.
TODAS LAS PARTES INTERESADAS están invitadas a asistir a dicha AUDIENCIA y expresar opiniones o presentar evidencia a favor o en contra del tema descrito anteriormente. La evaluación de la tarifa plana, ajustada por el índice de precios al consumidor previamente aprobado, para Mantenimiento de Paisajes e Iluminación El Distritos No. 1 y No. 2 en la Ciudad de Arvin para el Año Fiscal 2024-25 continuará para las parcelas actualmente en los Distritos. El propósito de estos distritos es para el mantenimiento, el servicio y la operación de las mejoras en el paisaje, la iluminación y la cuenca de desagüe pluvial dentro del distrito.
El reporte del ingeniero fue aceptado por la ciudad durante la reunión del Consejo el 14 de Mayo de 2024, y la publicación de este aviso cumple con las secciones 22552 y 22553 de las calles de California y Código de Carreteras.
INFORMACIÓN ADICIONAL sobre el tema de la audencia pública se puede obtener o examinar en el Ayuntamiento de la Ciudad de Arvin o llamando al teléfono (661) 854-3134.
POSTED: May 16, 2024
4.D.4
Attachment: Public Hearing Notice LLMD 1 and 2_English and Spanish (Public Hearing: Confirming & Ordering Annual Levy for LLMD No. 2 FY
Staff Report re: Reso Recognizing the Competitive Process of CalACT and DGS Cooperative Purchasing Agreements for Bus Purchases.
CITY OF ARVIN
Staff Report
Meeting Date: May 28, 2024
TO: Arvin City Council
FROM: Christine Viterelli, Grants Manager
Jeff Jones, City Manager / Finance Director
SUBJECT: Approval of A Resolution of the City Council of the City of Arvin Recognizing the Competitive Bidding Process of the California Association for Coordinated Transportation (CalACT) and the Department of Government Services (DGS) Cooperative Purchasing Agreements and Authorizing the City Manager to Execute a Purchase Order with Davey Coach and Phoenix Motorcars for the Procurement and Purchase of Two Electric Buses; and Authorizing Related Action.
BACKGROUND:
The Federal Transit Authority (FTA) awarded the City of Arvin a $2.9 million 2021 grant for Electric Buses, bus parts, a microgrid, and related services. This is the FTA’s second funding award to the city for Electric Buses, and city staff is well-versed in the required FTA and DOT procurement procedures for buses.
The City has determined that the California Association for Coordinated Transportation (CalACT) and Department of Government Services (DGS) are state procurement contract sites that completed a competitive bidding process for State contracts for electric buses and are substantially similar to the City’s competitive bidding process, found at Arvin Municipal Code Section
3.08.090. These state contract procurement sites are approved by the FTA and Caltrans Department of Transportation for a competitive bidding process, resulting in two proposed purchase order agreements with Davey Coach and Phoenix Motorcars for the purchase of one zero-emissions electric paratransit bus and one 40’ zero-emissions electric bus and spare parts and equipment at the same or better price offered to the City.
Therefore, staff has determined that it need not conduct the competitive bidding process, based on an exception to the process found at Arvin Municipal Code Section 3.08.090(B)(5), which exempts the purchase from the competitive bidding process if a substantially similar process is conducted by a government agency or state procurement site resulting in the same or similar price.
The estimated cost for the buses with the appropriate sales tax (8.25%) is:
1) 40’ Zero Emissions Electric-Phoenix Motorcars DGS contract $ 1,110,436. 2) Paratransit Bus- Davey Coach CalACT contract (with corrected sales tax) $ 385,479.70
5.A.1
Attachment: Staff Report Electric Bus Purchases [Revision 2] (Reso Recognizing Competitive Process of CalAct and DGS for EV Bus
Staff Report re: Reso Recognizing the Competitive Process of CalACT and DGS Cooperative Purchasing Agreements for Bus Purchases.
Staff now recommends that the City Council adopt a Resolution allowing for an exception to the competitive bidding process and authorize the agreements with Davey Coach and Phoenix Motorcars to purchase two electric buses, spare parts, and equipment needed for Arvin Transit.
STAFF RECOMMENDATION:
Staff now recommends that the City Council adopt a Resolution allowing for an exception to the competitive bidding process, authorizing procurement through the CalACT and DGS procurement site processes and authorizing the City Manager to execute the purchase orders for the buses.
FINANCIAL IMPACT:
The staff has determined that the grant award is reimbursable and has incrementally budgeted the FTA 5339 grant award into the FY2023-2024 and 2024-2025 budgets. The FTA has a minimum match requirement for this grant of 15%. The City of Arvin has secured its match requirement from layered transit grant funding, including LCTOP, Transit State of Good Repair Funds, HVIP funds, and Low Carbon Fuel Credit programs.
ATTACHMENTS:
1) DGS Quote from Phoenix Motorcars
2) CalACT Quote from Davey Coach
5.A.1
Attachment: Staff Report Electric Bus Purchases [Revision 2] (Reso Recognizing Competitive Process of CalAct and DGS for EV Bus
Reso Recognizing the Competitive Process of CalACT and DGS Cooperative Purchasing Agreements for Bus Purchases RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN
RECOGNIZING THE COMPETITIVE BIDDING PROCESS OF THE
CALIFORNIA ASSOCIATION FOR COORDINATED
TRANSPORTATION (CalACT) AND THE DEPARTMENT OF
GOVERNMENT SERVICES (DGS) COOPERATIVE PURCHASING
AGREEMENTS AND AUTHORIZING THE CITY MANAGER TO
EXECUTE A PURCHASE ORDER WITH DAVEY COACH AND
PHOENIX MOTORCARS FOR THE PROCUREMENT AND
PURCHASE OF TWO ELECTRIC BUSES; AND AUTHORIZING
RELATED ACTION
WHEREAS, the City Council of the City of Arvin has approved the application and execution of all grant documents from the 2021 Federal Transit Administration (FTA) 5339 Bus and Bus Facilities Program by Resolution # 2021-12; and WHEREAS, The City of Arvin has been awarded a grant from the FTA in the amount of $ 2.9 million dollars to purchase two electric buses and construct a microgrid, and WHEREAS, Chapter 3.08 of the Arvin Municipal Code contains rules and regulations regarding the procurement of professional services and capital purchases; and WHEREAS, Section 3.08.090 generally requires that the procurement of professional services in excess of $ 30,000 shall be subject to a formal public bidding process; and WHEREAS, Section 3.08.090(B)(5) allows for an exception to the formal public bidding process when the City determines that a federal, state, county, city or special district government agency has conducted a substantially similar process, and the equipment is provided to the City at the same or better price, and;
WHEREAS, the City of Arvin now desires to purchase a zero-emissions paratransit bus from DAVEY COACH through the California Association for Coordinated Transportation (CalACT) State procurement contract process and;
WHEREAS, the City of Arvin now desires to purchase a 40’ zero emissions bus from Phoenix Motorcars through a Department of Government Services (DGS) procurement contract and;
WHEREAS, the Federal Transit Administration (FTA) and the California Department of Transportation (DOT) recognize the competitive bidding process for government procurement contracts at the CalACT procurement and Department of Government Services (DGS) sites.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The above recitals are true and correct; and
5.A.2
Attachment: Reso Purchase of Electric Buses 05.28.24 (Reso Recognizing Competitive Process of CalAct and DGS for EV Bus Purchases)
Reso Recognizing the Competitive Process of CalACT and DGS Cooperative Purchasing Agreements for Bus Purchases
2. The City Council finds that the CalACT and Department of Government Services (DGS) conducted a competitive bidding process substantially similar to the competitive bidding process required by Arvin Municipal Code Section 3.08.070, which resulted in the purchase of equipment at the same or better price as offered to the City of Arvin; and
3. The City Council hereby authorizes the City Manager to enter into an agreement with DAVEY COACH through the CalACT procurement process in the amount of $382,080.86 for the purchase of one paratransit bus and spare parts in compensation for buses, bus equipment, and services as may be approved by the City Manager, subject to approval as to legal form by the City Attorney.
4. The City Council hereby authorizes the City Manager to enter into an agreement with PHOENIX MOTORCARS through a Department of Government Services (DGS) procurement process in the amount of $1,110,436 for the purchase of one 40’ Electric Zero Emissions Bus diagnostic equipment, and spare parts in compensation for buses, bus equipment and services as may be approved by the City Manager, subject to approval as to legal form by the City Attorney.
5. This Resolution shall be effective immediately.
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5.A.2
Attachment: Reso Purchase of Electric Buses 05.28.24 (Reso Recognizing Competitive Process of CalAct and DGS for EV Bus Purchases)
Reso Recognizing the Competitive Process of CalACT and DGS Cooperative Purchasing Agreements for Bus Purchases 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 28th day of May 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
Exhibits: 1) DGS Quote from Phoenix Motorcars
2) CalACT Quote from Davey Coach
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.
5.A.2
Attachment: Reso Purchase of Electric Buses 05.28.24 (Reso Recognizing Competitive Process of CalAct and DGS for EV Bus Purchases) Date:
End User:
Contact:
Address:
City:
State:
Zip:
Phone:
Email:
EXTENDED
QTY. PART_ID DESCRIPTION ADDITIONAL INFO. UM UNIT_PRICE PRICE Base Units
1 Class Z2 Turtle Top Terra Transit - 12 Ambulatory + 2 W/C - Rear Lift EA $269,174.16 $269,174.16 Options
Type Item Description UM Price Extended Price
12 Option 11 Credit for seat delete EA $ (346.69) $ (4,160.30) 1 Option 13 Recaro LX-S EA $ 1,460.47 $ 1,460.47
1 Option 16 ADNIK Power Seat Base EA $ 570.90 $ 570.90
1 Option 27 Raised Flat Floor 3 Step Entry EA $ 519.00 $ 519.00 1 Option 40 Braun NCL 1000 1k lbs capacity lift EA $ 524.19 $ 524.19 1 Option 47 2-Way radio prep EA $ 264.69 $ 264.69
1 Option 95 Hanover Front and Side Destination Signs EA $ 5,668.52 $ 5,668.52 1 Option 136 Stop Request System w/sign EA $ 909.29 $ 909.29 1 Option 138 Driver, Mgr, Mechanic On site Training, plus travel costs EA $ 3,633.00 $ 3,633.00 1 Option 141 Annual Software Maintenance-Per Bus EA No Charge 1 Unpublished Option Fog Lights Bright LED EA $ 489.00 $ 489.00 1 Unpublished Option Freedman CitiSeat Package (12 Ambulatory Passengers) Blue Seats w/ Yellow Grab Handles EA $ 8,128.00 $ 8,128.00 1 Unpublished Option Aluminum Wheel Upgrade Front wheels and two outer rear wheels EA $ 2,440.00 $ 2,440.00 1 Unpublished Option Apollo 5-Camera System 3 Interior and 2 Exterior EA $ 10,326.00 $ 10,326.00 1 Unpublished Option Genfare Fastfare Farebox EA $ 14,226.00 $ 14,226.00 1 Unpublished Option Sportworks DL2 Bike Rack Black, One Standard Tire & One Fat Tire EA $ 4,710.00 $ 4,710.00 1 Unpublished Option Clear Tint Passenger Windows Window Perf will Cover the Outside EA $ - $ - 1 Unpublished Option Valeo TC60 EV RoofTop AC/Heat All-in-One TME34 Compressor, 80K Cooling EA $ 13,476.00 $ 13,476.00 1 Unpublished Option Full Exterior Wrap Match ProTerra Buses as Close as Possible EA $ 18,935.00 $ 18,935.00 Floor Color Gray Base Unit Cost $ 269,174.16
Driver Seat Color OEM Ford Mobility Rebate: $ 1,000.00
Passenger Seat Color Blue Total of all Options: $ 82,119.75 Exterior Color White Subtotal of Order: $ 352,293.91
Interior Color Gray / White FRP ADA Non-Taxable: $ 12,199.00 Seating Config. Driver + 12 Seated Passengers and 2 Wheelchairs Position CalACT Administrative Fee $ 5,284.41 Registration/DMV $ 58.00
CA Tire & Battery Fee ($1.75 per tire &
$2.00 per battery) $ 14.50
Ford Mobility Rebate: $ (1,000.00)
Delivery Zone #3: $ 788.50
Sales Tax @ 8.25% $ 28,040.38
Customer Signature: TOTAL: $ 385,479.70
QUANTITY: 1
Date: GRAND TOTAL: $ 385,479.70
Sales Tax Base Reduction for ADA/Mobility Equipment & Transport: $12,199 Sales Tax Subject to Change at or near Delivery
***Delivery Estimate 3/15/25 ARO***
[email protected]
165 Plumtree Drive Norwalk, CA 90650
Arvin [email protected]
CA (424) 901-3301
CalACT Quotation
Contract # 20-01
93203
661-606-6055
05.22.24 City of Arvin
Hesham Elshazy 12380 Firestone Blvd
Remove Blank Lines Show
5.A.3
Attachment: Davey Coach Quote for Electric Bus_052824 (Reso Recognizing Competitive Process of CalAct and DGS for EV Bus Purchases) Davey Coach is your primary stop when it comes
to alternate fuel buses!
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Transit buses powered by
the industry’s safest & most
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5.A.3
Attachment: Davey Coach Quote for Electric Bus_052824 (Reso Recognizing Competitive Process of CalAct and DGS for EV Bus Purchases) • E450 Ford Chassis Platform
• 125+ Mile Range
• 123kWh Proterra battery
• 280 kW traction motor
• 70 mph/112 kph max speed
• State of the art lithium-ion battery chemistry for
exceptional energy density (up to 170 Wh/kg)
• Fully validated pack; ECE, SAE, ISO & GM
Standards
Electric Bus Overview
www.daveycoach.com
800.873.1856
With 113kW of energy storage, and proven by over
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About Proterra Battery Technology
5.A.3
Attachment: Davey Coach Quote for Electric Bus_052824 (Reso Recognizing Competitive Process of CalAct and DGS for EV Bus Purchases)