Agenda — Arvin City Council, July 9, 2024 (part 1 of 2)

REGULAR MEETING AGENDA
OF THE

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING

AUTHORITY / ARVIN PUBLIC FINANCING AUTHORITY
TUESDAY JULY 09, 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 – July 09, 2024

Page 1 of 3 ends

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. PRESENTATION(S)
A. UC Kern Medical School
Assemblywoman Dr. Jasmeet Bains

4. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of June 22, 2024 – July 03, 2024.

B. Approval of Payroll Register(s) of June 21, 2024.

C. Approval of the Minutes of the Regular Meeting(s) of June 25, 2024.

D. Approval of Amendment No. 3 to the Professional Consultant Services Agreement between the City of Arvin and Carollo Engineers, Inc. for Funding and Permitting Assistance.

E. Approval of A Resolution of the City Council of the City of Arvin Authorizing the City Manager to Make Changes to the Adopted Housing Element and Work with the State of California Department of Housing and Community Development (HCD) to Expedite Approval and Certification of the Housing Element by HCD.

F. Approval to Amend the Reimbursement Agreement between the City of Arvin and Lahav Green Energy Ltd. Related to A Proposed Solar Project.

Staff recommends approval of the consent agenda.

Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Murillo ___ CM Horton ___ MPT Reyes ___ Mayor Borreli ___

5. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider Adoption of An Ordinance of the City Council of the City of Arvin Adding Title 14 Public Facility Development Impact Fee - Assessment District. (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.

Arvin City Council Meeting Agenda – July 09, 2024

Page 2 of 3 ends

Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Murillo ___ CM Horton ___ MPT Reyes ___ Mayor Borreli ___ B. A Public Hearing to Consider Introduction of An Uncodified Ordinance of the City Council of the City of Arvin Accepting the Mutual Termination of Uncodified Ordinance No. 2021-475 Dated July 27, 2021, and Agreement No. 2021-19 Dated June 18, 2022, Between the City of Arvin and Payne's Distribution LLC, A California Corporation (818 S. Derby LLC), Recorded June 16, 2022, DOC# 222095342 Kern County Official Records. (City Planner)
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.

Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Murillo ___ CM Horton ___ MPT Reyes ___ Mayor Borreli ___ C. A Public Hearing to Consider Introduction of an Ordinance of the City Council of the City of Arvin ZCA 2024-03 – Title 17 Zoning Adding, Amending, and Deleting Various Chapters and Sections That; Amends Chapter 17.02 Title and Definitions; Amends Chapter 17.06 Zones and Zoning Map; Amends Chapter 17.18 Estate Residential Zone; Amends Chapter 17.37 OS-Open Space Zone; Add Chapter 17.38 PF-Public Facility Zone; Delete Existing Chapter 17.38 P-Parking Zone; Delete Chapter 17.40 D-Architectural Design Zone; Delete Chapter 17.42 B-Buffer Zone; Add Chapter 17.42 SZ-School Zone; Amends Chapter 17.45 Planned Unit Development District; Amends Chapter 17.48 Automobile Parking Requirements; Add Chapter 17.83 Agricultural Preserves/Willamson Act Management and Acknowledge that the Code Amendments are Exempt from the California Environmental Quality Act (CEQA). (City Planner)
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.

Motion __________ Second __________ Vote __________
Roll Call: CM Tarver ____ CM Murillo ___ CM Horton ___ MPT Reyes ___ Mayor Borreli ___ Arvin City Council Meeting Agenda – July 09, 2024

Page 3 of 3 ends

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): six cases C. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item)

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 July 03, 2024.

Cecilia Vela, City Clerk
6/26/2024 4:30:24 PM Page 1 of 7
Payment Register
City of Arvin APPKT00721 - FOR AP 6/26/24
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1461
Vendor Number
AMBER CHEMICAL INC.

Total Vendor Amount
569.94
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 569.94
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 0381661-IN SMOTHERMON PARK SPLASH PARK 06/04/2024 06/04/2024 0.00 569.94 1720
Vendor Number

CAPITAL INDUSTRIAL MEDICAL SUPPLY CO
Total Vendor Amount
154.15
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 154.15
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 34-202468 MEDICAL SUPPLIES FOR TRANSIT 06/18/2024 06/18/2024 0.00 154.15 1205
Vendor Number

CLEAN CUT LANDSCAPE MANAGEMENT INC
Total Vendor Amount
3,725.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 3,725.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 4850 ARVIN LANDSCAPE & MAINT LLMD NO. 1 MAY 2024 05/31/2024 05/31/2024 0.00 3,000.00 4851 ARVIN LANDSCAPE & MAINT LLMD NO. 2 MAY 2024 05/31/2024 05/31/2024 0.00 725.00 1047
Vendor Number

COMMUNICATION ENTERPRISES
Total Vendor Amount
840.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 840.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1118580 LTR 450 DISPATCH PW MAY 2024 05/01/2024 05/01/2024 0.00 240.00 1118581 LTR 450 DISPATCH TRANSIT MAY 2024 05/01/2024 05/01/2024 0.00 180.00 1118857 LTR 450 DISPATCH PW JUNE 2024 06/01/2024 06/01/2024 0.00 240.00 1118858 LTR 450 DISPATCH TRANSIT JUNE 2024 06/01/2024 06/01/2024 0.00 180.00 1204
Vendor Number

COMPLETE HARDWARE STORE AND MORE
Total Vendor Amount
121.21
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 121.21
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 534466 WATER HOSE TO CLEAN PARK RESTROOMS 06/13/2024 06/13/2024 0.00 93.08 67385 COMM. CENTER PART TO REPAIR IRRIGATION 06/12/2024 06/12/2024 0.00 28.13 1198
Vendor Number
DIAMOND IT PREPAID USE 1193
Total Vendor Amount
50,000.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 50,000.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001253 Block Renewal June 2024 06/26/2024 06/26/2024 0.00 50,000.00 1310
Vendor Number

ERIC REYES GUERRA
Total Vendor Amount
790.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 790.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0283 FLEET WASH 06.21.24 06/21/2024 06/21/2024 0.00 450.00

GENERAL OFFICE
Total Vendor Amount
395.18
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 395.18
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 23152 METER READING APD & COMM 05.01.24-06.01.24 06/06/2024 06/06/2024 0.00 395.18 1315
Vendor Number

GENFARE
Total Vendor Amount
123.12
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 123.12
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 90201204 S/A BYPASS MECH 06/12/2024 06/12/2024 0.00 123.12 1073
Vendor Number

GRANICUS
Total Vendor Amount
6,732.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 6,732.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 184739 PEAK AGENDA MANAGEMENT 04.28.24-04.27.25 05/28/2024 05/28/2024 0.00 6,732.00 1072
Vendor Number

GRANITE CONSTRUCTION
Total Vendor Amount
2,545.14
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 2,545.14
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2726439 ROAD MATERIAL TO REPAIR POTHOLES 06/06/2024 06/06/2024 0.00 2,545.14 1546
Vendor Number

GUN GALLERY INC
Total Vendor Amount
8,627.07
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 8,627.07
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001257 FEDERAL 9M GRAIN RANGE AMO FY 23-24 06/26/2024 06/26/2024 0.00 8,627.07 1213
Vendor Number

HOME DEPOT PRO INSTITUTIONAL
Total Vendor Amount
2,179.55
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 2,179.55
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 807960901 CUSTODIAL SUPPLIES 06/04/2024 06/04/2024 0.00 844.44 INV0001255 City Wide Cleaning Supplies 06/26/2024 06/26/2024 0.00 1,065.44 INV0001256 Order # 56531991 Renown Can Liner 8 cases 06/26/2024 06/26/2024 0.00 269.67 1754
Vendor Number

J & E RESTAURANT SUPPLY INC
Total Vendor Amount
6,204.54
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 6,204.54
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001254 INDUSTRIAL ICE MAKER+ICE BIN+WATER FILTER MANIFOLD06/26/2024 06/26/2024 0.00 6,204.54 1322
Vendor Number

JAKE RAPER JR
Total Vendor Amount
5,310.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 5,310.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001251 INVOICE 10 06/01/2024 06/15/2024 0.00 5,310.00

JAS PACIFIC
Total Vendor Amount
5,737.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 5,737.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount PC 7074 PLANNING SVCS MAY 2024 06/07/2024 06/07/2024 0.00 5,737.50 1165
Vendor Number

KERN COUNTY FIRE DEPARTMENT
Total Vendor Amount
219,591.25
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 219,591.25
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 24-000227 FOURTH QUARTER FY 2023-24 04/01/2024 04/01/2024 0.00 219,591.25 1332
Vendor Number

MADLAND TOYOTA LIFT INC
Total Vendor Amount
2,836.18
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 2,836.18
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 14002970 UNIT 203-EV REPLACE 2 WORN TIRES 05/30/2024 05/30/2024 0.00 690.11 14003155 UNIT 207-EV REPAIR AC LEAKING WATER INSIDE CAB 05/30/2024 05/30/2024 0.00 390.00 14003168 UNIT 110 REPLACE REAR BRAKE PADS 05/30/2024 05/30/2024 0.00 481.23 14003173 UNIT 211 REPAIR BLINKER LIGHTS 05/30/2024 05/30/2024 0.00 136.81 14003174 UNIT 207-EV REPAIR UNIT COMPPRESSOR 05/30/2024 05/30/2024 0.00 748.03 14003219 UNIT 207-EV DIAGNOSE AC SYSTEM 05/30/2024 05/30/2024 0.00 390.00 1102
Vendor Number

MOUNTAINSIDE DISPOSAL
Total Vendor Amount
753.55
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 753.55
Payable Number Description Payable Date Due Date Discount Amount Payable Amount N4855029074 BIN RENT AND 4 YD ROLL OFF JUNE 2024 06/01/2024 06/01/2024 0.00 753.55 1425
Vendor Number

NEXTALK INC
Total Vendor Amount
273.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 273.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 11521 INTERPRETING USAGE MAY 2024 05/31/2024 05/31/2024 0.00 273.00 1107
Vendor Number

OPEN & SHUT ENTERPRISES
Total Vendor Amount
300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 104942 GATE IS IN THE MIDDLE OF THE STREET DAMAGED RAIL 06/04/2024 06/04/2024 0.00 300.00 1342
Vendor Number

OSCAR MIRANDA
Total Vendor Amount
17,800.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 17,800.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount DIGIORGIO1 LOCATE LEAK AND WIRES TROUBLE SHOOT OF WIRES 06/25/2024 06/25/2024 0.00 4,950.00 DIGIORGIO2 INSTALLED SPECIAL 3 INCH SCHEDULE 80 UNIONS 06/12/2024 06/12/2024 0.00 3,950.00 DIGIORGIO3 REPAIRED SPRINKLER LINE 06/12/2024 06/12/2024 0.00 850.00 DIGIORGIO4 REPAIRED MAIN WATER LINE METAL GALVANIZED PIPE 06/12/2024 06/12/2024 0.00 1,500.00 DIGIORGIO5 REPAIR MAIN WATER LINE 06/12/2024 06/12/2024 0.00 2,500.00 DIGIORGIO6 REWIRE 3 VALVES W/ NEW DBRY 06/12/2024 06/12/2024 0.00 850.00 FELICITA ADJUST & CALIBRATE SPRINKLER TIMMER 06/07/2024 06/07/2024 0.00 1,850.00 SMOTHERMON LOACTE/FIND TROUBLE SHOOTING WIRES & REWIRE 06/12/2024 06/12/2024 0.00 1,350.00

4.A.1
Attachment: Demand Register(s) of June 22, 2024 - July 03, 2024 (Demand Register(s) of June 22, 2024 - July 03, 2024.) Payment Register APPKT00721 - FOR AP 6/26/24
6/26/2024 4:30:24 PM Page 4 of 7
1108
Vendor Number
PG & E
Total Vendor Amount
22,355.40
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 22,355.40
Payable Number Description Payable Date Due Date Discount Amount Payable Amount ELEC SVC 05.13.24-06.10.24 ELEC SVC 05.13.24-06.10.24 06/11/2024 06/11/2024 0.00 22,355.40 1113
Vendor Number

PRINTING SYSTEMS
Total Vendor Amount
254.72
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 254.72
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 233905 ENVELOPES #10 06/04/2024 06/04/2024 0.00 254.72
1114
Vendor Number

PUBLIC WORKS COUNTY OF KERN
Total Vendor Amount
2,047.14
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 2,047.14
Payable Number Description Payable Date Due Date Discount Amount Payable Amount ARV 6/8/24 ARV 6/8/24 06/08/2024 06/08/2024 0.00 2,047.14 1596
Vendor Number

ROBERT HALF
Total Vendor Amount
180.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 180.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 63743936 WEEK ENDING 5/31/24 JAZMIN C. 06/20/2024 06/20/2024 0.00 180.00 1200
Vendor Number

SELF HELP ENTERPRISES
Total Vendor Amount
9,449.66
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 9,449.66
Payable Number Description Payable Date Due Date Discount Amount Payable Amount APRIL 2024 22- CDBG-HA-10029 05/28/2024 05/28/2024 0.00 470.09 APRIL20224 NAVIGATION CENTER APRIL 2024 05/30/2024 05/30/2024 0.00 1,103.30 JUL2023- FEB 2024 NAVIGATION CENTER JUL2023- FEB 2024 05/28/2024 05/28/2024 0.00 3,653.82 JULY 2023- FEB 2024 ADMIN SERVICES JULY 2023- FEB 2024 05/28/2024 05/28/2024 0.00 3,524.56 MARCH 2024 HOUSING REHAB ASSISTANCE 05/28/2024 05/28/2024 0.00 319.14 MARCH2024 NAVIGATION CENTER MARCH 2024 05/28/2024 05/28/2024 0.00 378.75 1145
Vendor Number

VEOLIA WATER NORTH AMERICA MAINT NOTE
Total Vendor Amount
184,624.79
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 150,063.33
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9000157688 O & M SERVICES WASTEWATER MAY 2024 06/01/2024 06/01/2024 0.00 150,063.33 Check 06/26/2024 34,561.46
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 9000160879 PASSTHROUGH WASTEWATER TREATMENT MAY 2024 06/18/2024 06/18/2024 0.00 34,561.46 1142
Vendor Number

WELLS FARGO LEASE PMTS
Total Vendor Amount
308.36
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 308.36
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5030064078 COPIER LEASE ARVIN PD 05.29.24-06.28.24 06/04/2024 06/04/2024 0.00 183.87 5030074572 COMM DEV LEASE 05.30.24-06.29.24 06/04/2024 06/04/2024 0.00 124.49

WEX BANK
Total Vendor Amount
14,453.30
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 14,453.30
Payable Number Description Payable Date Due Date Discount Amount Payable Amount FUEL USAGE FOR JUNE 2024 FUEL USAGE FOR JUNE 2024 06/25/2024 06/25/2024 0.00 14,453.30 Bank: PY - Payroll Vendor Payables
1003
Vendor Number
AFLAC
Total Vendor Amount

40.98 Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 40.98
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001221 AFLAC 06/07/2024 06/07/2024 0.00 20.49
INV0001239 AFLAC 06/21/2024 06/21/2024 0.00 20.49
1006
Vendor Number

ALLSTATE
Total Vendor Amount
217.46
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 217.46
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001222 ALLSTATE 06/07/2024 06/07/2024 0.00 108.73
INV0001240 ALLSTATE 06/21/2024 06/21/2024 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 06/26/2024 900.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001241 APOA Dues 06/21/2024 06/21/2024 0.00 900.00
1017
Vendor Number

CENTRAL CALIFORNIA ASSOC OF PUBLIC EMPLOYEES
Total Vendor Amount
965.81
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 965.81
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001242 SEIU Dues 06/21/2024 06/21/2024 0.00 27.00
INV0001243 SEIU Dues 06/21/2024 06/21/2024 0.00 938.81
1312
Vendor Number

FRANCHISE TAX BOARD
Total Vendor Amount
300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 06/26/2024 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001245 ALEX GHAZARIAN 06/21/2024 07/15/2024 0.00 300.00

4.A.1
Attachment: Demand Register(s) of June 22, 2024 - July 03, 2024 (Demand Register(s) of June 22, 2024 - July 03, 2024.) Payment Register APPKT00721 - FOR AP 6/26/24
6/26/2024 4:30:24 PM Page 6 of 7
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 57 31 0.00 569,281.75
Packet Totals: 57 31 0.00 569,281.75
Type
Payment
Count Discount Payment
Payable
Bank Code Count
PY Check85 0.00 2,424.25
Packet Totals:
85 0.00 2,424.25

4.A.1
Attachment: Demand Register(s) of June 22, 2024 - July 03, 2024 (Demand Register(s) of June 22, 2024 - July 03, 2024.) 7/3/2024 11:42:25 AM Page 1 of 5
Payment Register
City of Arvin APPKT00725 - FOR AP 7/3/2024
01 - Vendor Set 01
Bank: Main Pool Ck - Main Checking - BOA
1150
Vendor Number
AT&T
Total Vendor Amount
716.46
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/03/2024 716.46
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 000021789504 9391059040 SERVICE 05.01.24-05.31.24 06/01/2024 06/01/2024 0.00 716.46 1026
Vendor Number

BLUE SHIELD OF CALIFORNIA
Total Vendor Amount
27,826.15
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/03/2024 27,826.15
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 241650030643 MEDICAL JULY 2024 07/01/2024 07/01/2024 0.00 27,826.15 1255
Vendor Number

BRANDONS TRANSMISSION
Total Vendor Amount
2,778.65
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/03/2024 2,778.65
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8547 UNIT 318 OIL SERVICE AND A/C SERVICE 06/04/2024 06/04/2024 0.00 909.73 8557 UNIT 317 OIL CHANGE, A/C SERVICE, DVI 06/06/2024 06/06/2024 0.00 878.41 8596 UNIT 318 SUSPENSION WAS LOOSE 06/18/2024 06/18/2024 0.00 990.51 1614
Vendor Number
CAROLLO ENGINEERS, INC.

Total Vendor Amount
18,780.97
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/03/2024 18,780.97
Payable Number Description Payable Date Due Date Discount Amount Payable Amount FB52117 PROFESSIONAL SERVICES THROUGH MAY 2024 06/11/2024 06/11/2024 0.00 18,780.97 1159
Vendor Number
COPOWER ID 903697
Total Vendor Amount
218.41
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/03/2024 218.41
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 2325048 CHIRO SVCS JULY 2024 07/01/2024 07/01/2024 0.00 218.41 1233
Vendor Number

DEWALT CORPORTATION
Total Vendor Amount
262.50
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/03/2024 262.50
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 1091380 PROF FEES ARVIN URBAN GREENING 06/05/2024 06/05/2024 0.00 262.50 1019
Vendor Number

GUARDIAN
Total Vendor Amount
7,487.98
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/03/2024 7,487.98
Payable Number Description Payable Date Due Date Discount Amount Payable Amount BUNDLE INSURANCE JULY 2024BUNDLE INSURANCE JULY 2024 07/01/2024 07/01/2024 0.00 7,487.98

JAKE RAPER JR
Total Vendor Amount
7,110.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/03/2024 7,110.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount INV0001260 INVOICE 11 06/16/2024 07/01/2024 0.00 7,110.00 1417
Vendor Number

JESUS MARTINEZ
Total Vendor Amount
1,781.24
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/03/2024 1,781.24
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 8793 UNIT 292 REPLACE FRONT DISC PADS 06/18/2024 06/18/2024 0.00 737.04 8794 UNIT 270 DIAGNOSTIC REPAIR ECM WIRING 06/18/2024 06/18/2024 0.00 698.69 8795 UNIT 295 ENGINE OIL CHANGE & FILTER CHANGE 06/18/2024 06/18/2024 0.00 179.55 8800 UNIT 298 ENGINE OIL CHANGE , REPLACE FILTER 06/22/2024 06/22/2024 0.00 165.96 1025
Vendor Number

KAISER PERMANENTE
Total Vendor Amount
24,570.87
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/03/2024 24,570.87
Payable Number Description Payable Date Due Date Discount Amount Payable Amount BUIK 690201404 JULY 2024 MEDICAL JULY2024 07/01/2024 07/01/2024 0.00 24,570.87 1095
Vendor Number

KERN RIVER POWER EQUIPMENT INC
Total Vendor Amount
584.36
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/03/2024 584.36
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 159628 WEED WACKER HEADS 06/10/2024 06/10/2024 0.00 584.36 1102
Vendor Number

MOUNTAINSIDE DISPOSAL
Total Vendor Amount
2,031.05
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/03/2024 2,031.05
Payable Number Description Payable Date Due Date Discount Amount Payable Amount N4855030769 BIN RENT AND 4 YD ROLL OFF MAY 2024 05/31/2024 05/31/2024 0.00 2,031.05 1107
Vendor Number

OPEN & SHUT ENTERPRISES
Total Vendor Amount
300.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/03/2024 300.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 104965 GATE IS GETTING STUCK HALF WAY 06/06/2024 06/06/2024 0.00 300.00 1108
Vendor Number
PG & E
Total Vendor Amount
781.10
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/03/2024 781.10
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 7368140966-7 05.22.24-06.20.24 7368140966-7 05.22.24-06.20.24 06/21/2024 06/21/2024 0.00 781.10 1346
Vendor Number

QUAD KNOPF INC
Total Vendor Amount
998.60
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/03/2024 998.60
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 123456 ON CALL PROF. SERV. APRIL 28 - MAY 25, 2024 06/05/2024 06/05/2024 0.00 998.60

ROBERT HALF
Total Vendor Amount
2,587.20
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/03/2024 2,587.20
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 63748096 WEEK ENDING 6/21/24 JAZMIN C. 06/24/2024 06/24/2024 0.00 1,293.60 63776654 WEEK ENDING 6/28/24 JAZMIN C. 07/01/2024 07/01/2024 0.00 1,293.60 1008
Vendor Number

RUSSELL WILLIFORD
Total Vendor Amount
475.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/03/2024 475.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 5495 BLOCKAGE IN MEN'S BATHROOM PD 06/25/2024 06/25/2024 0.00 475.00 1033
Vendor Number

SPECTRUM BUSINESS
Total Vendor Amount
291.37
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/03/2024 291.37
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 167729901060124 SERVICE 06.01.24 - 06.30.24 06/01/2024 06/01/2024 0.00 291.37 1638
Vendor Number
TRAPEZE SOFTWARE GROUP, INC.

Total Vendor Amount
2,188.19
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/03/2024 2,188.19
Payable Number Description Payable Date Due Date Discount Amount Payable Amount RMSMA00002511 HOSTING FEES 09.01.24-08.31.25 07/01/2024 07/01/2024 0.00 2,188.19 1133
Vendor Number

TYLER TECHNOLOGIES INC
Total Vendor Amount
33,662.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/03/2024 33,662.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 025-464634 INCODE ANNUAL SUBSCRIPTION YR 4 05/31/2024 05/31/2024 0.00 33,662.00 1639
Vendor Number

WILLDAN FINANCIAL SERVICES
Total Vendor Amount
800.00
Vendor Name
Payment Type Payment Number Payment Date Payment Amount Check 07/03/2024 800.00
Payable Number Description Payable Date Due Date Discount Amount Payable Amount 010-58612 CITY COST ALLOCATION APRIL 27 - MAY 24, 2024 06/10/2024 06/10/2024 0.00 800.00

4.A.1
Attachment: Demand Register(s) of June 22, 2024 - July 03, 2024 (Demand Register(s) of June 22, 2024 - July 03, 2024.) Payment Register APPKT00725 - FOR AP 7/3/2024
7/3/2024 11:42:25 AM Page 4 of 5
Payment Summary
Type
Payment
Count Discount Payment
Payable
Bank Code Count
Main Pool Ck Check 27 21 0.00 136,232.10
Packet Totals: 27 21 0.00 136,232.10

4.A.1
Attachment: Demand Register(s) of June 22, 2024 - July 03, 2024 (Demand Register(s) of June 22, 2024 - July 03, 2024.) Payment Register APPKT00725 - FOR AP 7/3/2024
7/3/2024 11:42:25 AM Page 5 of 5
Cash Fund Summary
Fund Name Amount
90 Main Pooled Cash Fund -136,232.10
Packet Totals: -136,232.10

4.A.1
Attachment: Demand Register(s) of June 22, 2024 - July 03, 2024 (Demand Register(s) of June 22, 2024 - July 03, 2024.)

4.B.1
Attachment: Payroll Register(s) of June 21, 2024 (Approval of Payroll Register(s) of June 21, 2024.)

4.B.1
Attachment: Payroll Register(s) of June 21, 2024 (Approval of Payroll Register(s) of June 21, 2024.) Arvin City Council Meeting Minutes – June 25, 2024

Page 1 of 4 ends

REGULAR MEETING MINUTES

ARVIN CITY COUNCIL / SUCCESSOR AGENCY TO THE

ARVIN COMMUNITY REDEVELOPMENT AGENCY / ARVIN HOUSING AUTHORITY /

ARVIN PUBLIC FINANCING AUTHORITY
JUNE 25, 2024
CALL TO ORDER @ 6:00PM

PLEDGE OF ALLEGIANCE

INVOCATION
ROLL CALL: CM Murillo absent; All others present.

1. APPROVAL OF AGENDA AS TO FORM.

Motion to approve the Agenda.

Motion CM Horton Second MPT Reyes Vote 4-0

2. 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.

CLOSED SESSION REPORT BY CITY ATTORNEY:

During Closed Session, the City Council discussed item 2A. The City Council discussed final negotiations regarding the side letter and have decided to move forward with the Consent Agenda item for approval of the side letter.

3. 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.)

4. CONSENT AGENDA ITEM(S)
A. Approval of Demand Register(s) of June 08, 2024 – June 20, 2024.

B. Approval of Payroll Register(s) of June 07, 2024.

C. Approval of the Minutes of the Regular Meeting(s) of June 11, 2024.

4.C.1
Attachment: Minutes of the Arvin City Council Meeting of June 25, 2024 (Minutes of the Regular Meeting(s) of June 25, 2024.) Arvin City Council Meeting Minutes – June 25, 2024

Page 2 of 4 ends

D. Approval of A Resolution of the City Council of the City of Arvin Establishing the Appropriation Limit for Fiscal Year 2024-2025.

Resolution No. 2024-41
E. Approval of A Resolution of the City Council of the City of Arvin Amending City of Arvin Guidelines for the Implementation of CEQA, Adoption of List of Exemptions, Adoption of Thresholds and Special Studies for the Implementation of the California Environmental Quality Act of 1970 and Implementation of Title 18 – California Environmental Quality Act Implementation – Environmental Clearance.

Resolution No. 2024-42
F. Approval of A Professional Consultant Services Agreement between the City of Arvin and Diversified Project Services International, Inc. for On-Call Engineering Services.

Agreement No. 2024-24
G. Approval of A Resolution of the City Council of the City of Arvin Accepting and Awarding Bid and Authorizing the City Manager to Execute the Quote from San Joaquin Tractor Company for Purchase of One (1) Kio ZXD72 Mower with Mulch Kit for the Public Works Department in the Amount of $23,708.09; and Approving the Sale of Equipment Declared as Surplus.

Resolution No. 2024-43
H. Approval and Adoption of the Workplace Violence Prevention Plan (WVPP).

I. Approval of Side Letter between the City of Arvin and the Arvin Police Officer’s Association (APOA) June 2024.

Agreement No. 2024-25
Staff recommends approval of the consent agenda.

Consent Agenda Item 4H was pulled for discussion.

Motion to approve Consent Agenda Items 4A, 4B, 4C, 4D, 4E, 4F, 4G, and 4I.

Motion CM Horton Second CM Tarver Vote 4-0
Motion to approve Consent Agenda Item 4H.

Motion MPT Reyes Second CM Horton Vote 4-0

5. PUBLIC HEARING ITEM(S)
A. A Public Hearing to Consider Introduction of An Ordinance of the City Council of the City of Arvin Adding Title 14 Public Facility Development Impact Fee - Assessment District. (City Planner)
Staff recommends the City Council consider introducing the Ordinance to be read by title only, open the hearing, allow for public testimony, close the

4.C.1
Attachment: Minutes of the Arvin City Council Meeting of June 25, 2024 (Minutes of the Regular Meeting(s) of June 25, 2024.) Arvin City Council Meeting Minutes – June 25, 2024

Page 3 of 4 ends

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 to be ready by title only and approve the introduction of the Ordinance.

Motion CM Tarver Second CM Horton Vote 4-0
B. A Public Hearing to Consider Approval of A Resolution of the City Council of the City of Arvin Adopting the Annual Operating and Capital Budgets for Fiscal Year 2024-2025. (City Manager)
Staff recommends the City Council open the hearing, allow for public testimony, close the hearing, and approve the Resolution adopting the Annual Operating and Capital Budgets for fiscal year 2024-2025.

Hearing opened.

No public testimony received.

Hearing closed.

Motion to approve the Resolution adopting the Annual Operating and Capital Budgets for fiscal year 2024-2025.

Motion CM Horton Second MPT Reyes Vote 4-0
Resolution No. 2024-44

6. SUCCESSOR AGENCY ACTION ITEM(S)
A. Approval of Assignment and Assumption Agreement between the City of Arvin as Successor Agency to the Arvin Community Redevelopment Agency, Larry Joseph Walker, and AJ Luxury Goods, LLC Regarding Assignment of the Real Estate Purchase and Sale Agreement (PSA) Dated September 9, 2023 (Agreement No. 2023-30) Related to Real Property known as 816 Sycamore Road, Arvin (APN 192-110-16). (City Manager/Executive Director) Staff recommends approval of the Assignment and Assumption Agreement and authorize the Executive Director of the Successor Agency to execute all documents necessary to effectuate the assignment of the PSA from Larry Joseph Walker to AJ Luxury Goods, LLC.

Motion to approve the Assignment and Assumption Agreement and authorize the Executive Director of the Successor Agency to execute all documents necessary to effectuate the assignment of the PSA from Larry Joseph Walker to AJ Luxury Goods, LLC.

Motion AM/MPT Reyes Second AM/CM Horton Vote 4-0
Agreement No. 2024-26

4.C.1
Attachment: Minutes of the Arvin City Council Meeting of June 25, 2024 (Minutes of the Regular Meeting(s) of June 25, 2024.) Arvin City Council Meeting Minutes – June 25, 2024

Page 4 of 4 ends

7. CITY MANAGER’S REPORT

8. REPORT OF COUNCIL MEMBER MEETINGS & CONFERENCES ATTENDED

9. COUNCIL MEMBER COMMENTS

10. CLOSED SESSION ITEM(S)
A. CONFERENCE WITH LEGAL COUNSEL--POTENTIAL LITIGATION
(Government Code §54956.9(b).)
Significant exposure to litigation pursuant to §54956.9(b): six cases B. THREAT TO PUBLIC SERVICES OR FACILITIES (Government Code §54957(a).)
Consultation with: City Manager and/or City Attorney. (one item) C. CONFERENCE WITH LEGAL COUNSEL--LIABILITY CLAIMS (Pursuant to Cal. Govt. Code § 54956.95)
Claimant: Joaquin Lopez Duran - AIMs File No. FR102167; RMA Claim No. 22885.

Against: City of Arvin
D.Public Employee Discipline/Dismissal/Release (Pursuant to Government Code §54957)
E. Public Employee Discipline/Dismissal/Release (Pursuant to Government Code §54957)
CLOSED SESSION REPORT BY CITY ATTORNEY:
10A. No reportable action for all six cases.
10B. No reportable action.
10C. The City Council unanimously approved the claim.
10D. No reportable action; Remove item from agenda.
10E. Council Member Tarver made a motion for termination. Motion died due to lack of a second.

11. ADJOURNED @ 8:20PM
Respectfully submitted,
Cecilia Vela, City Clerk

4.C.1
Attachment: Minutes of the Arvin City Council Meeting of June 25, 2024 (Minutes of the Regular Meeting(s) of June 25, 2024.)

Page 1 of 2 ends

Staff Report – Amend No. 3 to PSA with Carollo Engineers, Inc. for Funding and Permitting Assistance.

CITY OF ARVIN
Staff Report
Meeting Date: July 09, 2024
TO: Arvin City Council
FROM: Jeff Jones, City Manager / Finance Director
SUBJECT: Consideration and Approval of Amendment No. 3 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.

At the meeting of May 28, 2024, the City approved Amendment No. 2 to the PSA amending the scope assumption to include additional language.

Carollo has made a request to the City to the City to amend the scope of services of the PSA to include user training for the current land application areas (LAAs) for treated wastewater and semi-annual inspections of the LAA.

Amendment No. 3 to the PSA includes the additional scope of services as stated in the attached proposal from Carollo Engineers, Inc. dated June 11, 2024, and no other changes or additions have been made.

4.D.1
Attachment: Staff Report Amend No. 3 to PSA with Carollo Engineers, Inc_070924 [Revision 1] (Amend No. 3 to PSA with Carollo Engineers,

Page 2 of 2 ends

Staff Report – Amend No. 3 to PSA with Carollo Engineers, Inc. for Funding and Permitting Assistance.

STAFF RECOMMENDATION:

Staff recommends Council approve of Amendment No. 3 to the Professional Consultant Services Agreement between the City of Arvin and Carollo Engineers, Inc. for Funding and Permitting Assistance. Staff further recommends that such approval be conditioned upon Apothio entering into an agreement with the City wherein Apothio agrees to reimburse the City for the cost of the training from those amounts due to Apothio pursuant to the Capital Account Agreement between Apothio and the City.

FINANCIAL IMPACT:

The fee of $24,800 is due to be paid in full and reimbursed to the City of Arvin by Apothio.

ATTACHMENTS:
- Amendment No. 3 to Professional Consultant Services Agreement (PSA) between the City of Arvin and Carollo Engineers, Inc. for Funding and Permitting Assistance including proposal dated June 11, 2024.
- 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)

4.D.1
Attachment: Staff Report Amend No. 3 to PSA with Carollo Engineers, Inc_070924 [Revision 1] (Amend No. 3 to PSA with Carollo Engineers,

Page 1 of 4 ends

AMENDMENT NO. 3 TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT AGREEMENT NO. ________
AMENDMENT NO. 3 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, on May 28, 2024, the City approved Amendment No. 2 to the PSA amending the scope assumption to include additional language; and WHEREAS, Consultant has made a request to the City to amend the scope of services of the PSA to include user training for the current land application areas (LAAs) for treated wastewater and semi-annual inspections of the LAA.

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 of services described in the attached proposal dated June 11, 2024 (Attachment A).

4.D.2
Attachment: Amend No. 3 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._070924 (Amend No. 3 to PSA with Carollo

Page 2 of 4 ends

AMENDMENT NO. 3 TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT

2. There is an additional cost of $24,800 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); Amendment No. 1 to the Agreement approved on May 14, 2024 (Agreement No. 2024-18); and Amendment No. 2 to the Agreement approved on May 28, 2024, shall remain and continue in full force and effect. [Signature Page Follows]

4.D.2
Attachment: Amend No. 3 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._070924 (Amend No. 3 to PSA with Carollo

Page 3 of 4 ends

AMENDMENT NO. 3 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

4.D.2
Attachment: Amend No. 3 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._070924 (Amend No. 3 to PSA with Carollo

Page 4 of 4 ends

AMENDMENT NO. 3 TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT

ATTACHMENT A
Proposal from Carollo Engineering, Inc for Amendment No. 3 to the Professional Consultant Services Agreement No. 2023-09, dated June 11, 2024.

4.D.2
Attachment: Amend No. 3 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._070924 (Amend No. 3 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 3.docx June 11, 2024
Mr. Jeff Jones
City Manager
City of Arvin
200 Campus Drive
Arvin, CA 93203
Subject: Amendment No. 3 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 user training for the current land application areas (LAAs) for treated wastewater and semi-annual inspections of the LAA.

Scope of Work
Carollo’s scope of services, time of completion, and compensation shall be as set forth herein.

Task 9 – Effluent Disposal User Training
Task 9.1 User Training
Carollo will prepare and conduct a three (3) hour in-person user training for the City and the City’s contract farmer (Apothio, LLC.) who grows crops for non-human consumption on the LAAs. The user training will review regulatory requirements, health hazards, and best practices.

Task 9.2 Semi-Annual Inspections
This task assumes two (2) semi-annual inspections at the LAAs. Carollo will conduct inspections based on permit regulations and best practices covered in the training. Carollo will provide an inspection report and attend one (1) meeting with the City per semi-annual inspection to discuss the semi-annual inspection report findings for a total of two (2) meetings.

Task 9 Deliverables:
 Semi-Annual Inspection Reports.
 Reference sheet of regulations and best practices.
 Sign-in sheet of attendees.

Schedule
A schedule will be developed upon Notice To Proceed (NTP) for the City to review.

4.D.3
Attachment: Proposal from Carollo - Amend No. 3 to PSA re Arvin Funding and Permit Assistance_070924 (Amend No. 3 to PSA with Carollo Mr. Jeff Jones
City Manager
City of Arvin
June 11, 2024

Page 2 ends

Compensation
Carollo’s compensation for the proposed basic services will not exceed twenty-four thousand eight hundred dollars ($24,800), 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 9 – Effluent Disposal User Training $24,800
Assumptions
The following assumptions were made in the preparation of this Scope of Services:
 User training and semi-annual inspections will be conducted on-site. Additional meetings will be conducted by phone/video conference.
 All submittals via electronic media (pdf, email). Reproduction (printing) of deliverables is not included.

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)

4.D.3
Attachment: Proposal from Carollo - Amend No. 3 to PSA re Arvin Funding and Permit Assistance_070924 (Amend No. 3 to PSA with Carollo TOTAL
Description VP (SP) PM (PP) P CAD WP (C) TOTAL TOTAL Mileage PECE TASK

CAROLLO
HOURS

CAROLLO
LABOR Miles $0.670 Misc. Printing 15.00 $ TOTAL
Task Labor Cost ($/Hr) $338.00 $290.00 $246.00 $190.00 $126.00 COSTS per mile Expenses per hour ODCs COSTSTask 9 - Effluent Disposal User Training

9.1 User Training 2 32 4 0 4 42 11,444 $ 290 194 $ - $ - $ 630 $ 824 $ 12,300 $

9.2 Semi-Annual Inspections 2 32 4 0 4 42 11,444 $ 580 389 $ - $ - $ 630 $ 1,019 $ 12,500 $ Task 9.0 Total 4 64 8 0 8 84 22,888 $ 870 583 $ - $ - $ 1,260 $ 1,843 $ 24,800 $ TOTALS 4 64 8 0 8 84 22,888 $ 870 583 $ - $ - $ 1,260 $ 1,843 $ 24,800 $

EXHIBIT A
City of Arvin
Professional Engineering Services for Funding and Permitting Assistance Amendment No. 3

LABOR HOUR AND COST PROPOSAL

CAROLLO LABOR EXPENSES

4.D.3
Attachment: Proposal from Carollo - Amend No. 3 to PSA re Arvin Funding and Permit Assistance_070924

Page 1 of 2 ends

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.

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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.

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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).

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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.

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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

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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

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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.

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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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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

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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

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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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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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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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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.

4.D.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 3 to PSA with

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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

4.D.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 3 to PSA with

Page 14 of 16 ends

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]

4.D.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 3 to PSA with

Page 16 of 16 ends

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.

4.D.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 3 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.

4.D.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 3 to PSA with Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2023

Page 2 ends

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.

4.D.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 3 to PSA with Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2023

Page 3 ends

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.

4.D.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 3 to PSA with Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2023

Page 4 ends

 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.

4.D.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 3 to PSA with Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2023

Page 5 ends

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)

4.D.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers, Inc._042523_Redacted (Amend No. 3 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

4.D.5
Attachment: 2023-09 PSA for Funding and Permitting Assistance with Carollo Engineers,

Page 1 of 4 ends

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).

4.D.6
Attachment: 2024-18 Amend No. 1 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._051424_Redacted (Amend No. 3 to PSA

Page 2 of 4 ends

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.

4.D.6
Attachment: 2024-18 Amend No. 1 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._051424_Redacted (Amend No. 3 to PSA

Page 4 of 4 ends

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.

4.D.6
Attachment: 2024-18 Amend No. 1 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._051424_Redacted (Amend No. 3 to PSA 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 1.2 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 4.D.6
Attachment: 2024-18 Amend No. 1 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._051424_Redacted (Amend No. 3 to PSA Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2024

Page 2 ends

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.

4.D.6
Attachment: 2024-18 Amend No. 1 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._051424_Redacted (Amend No. 3 to PSA Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2024

Page 3 ends

 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).

4.D.6
Attachment: 2024-18 Amend No. 1 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._051424_Redacted (Amend No. 3 to PSA Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2024

Page 4 ends

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.

4.D.6
Attachment: 2024-18 Amend No. 1 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._051424_Redacted (Amend No. 3 to PSA Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2024

Page 5 ends

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.

4.D.6
Attachment: 2024-18 Amend No. 1 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._051424_Redacted (Amend No. 3 to PSA Mr. Jeff Jones
City Manager
City of Arvin
April 10, 2024

Page 6 ends

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)

4.D.6
Attachment: 2024-18 Amend No. 1 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._051424_Redacted (Amend No. 3 to PSA 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

4.D.6
Attachment: 2024-18 Amend No. 1 to PSA for Funding and Permitting Assist - Carollo Engineers,

Page 1 of 4 ends

AMENDMENT NO. 2 TO PROFESSIONAL CONSULTANT SERVICES AGREEMENT AGREEMENT NO. 2024-20
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;

4.D.7
Attachment: 2024-20 Amend No. 2 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._052824_Redacted (Amend No. 3 to PSA

Page 2 of 4 ends

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]

4.D.7
Attachment: 2024-20 Amend No. 2 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._052824_Redacted (Amend No. 3 to PSA

Page 4 of 4 ends

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.

4.D.7
Attachment: 2024-20 Amend No. 2 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._052824_Redacted (Amend No. 3 to PSA 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:

Scope of Work
Carollo’s scope of services, time of completion and compensation shall be as set forth herein.

Task 1 Deliverables:
 Monthly invoicing/progress reports.
 Meeting notes.

4.D.7
Attachment: 2024-20 Amend No. 2 to PSA for Funding and Permitting Assist - Carollo Engineers, Inc._052824_Redacted (Amend No. 3 to PSA Mr. Jeff Jones
City Manager
City of Arvin
May 24, 2024