Agenda — Arvin City Council, January 28, 2025 (part 4 of 4)

represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

For your information, pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory and submit an electronic version of the sites inventory. While the City has submitted an electronic version of the sites inventory, if changes occur, any future re-adopted versions of the element must also submit the electronic version of the sites inventory.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities programs, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.

HCD appreciates the hard work and dedication of the entire housing element team, in preparation of the City’s housing element and looks forward to receiving the City’s re-adopted housing element. If you have any questions or need additional technical assistance, please contact Jose Armando Jauregui, of our staff, at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager

5.D.8
Attachment: Att 3 - Letter fm HCD dated December 24, 2024 (Public Hearing: 2023-2031 Housing Element)

NOTICE OF EXEMPTION
Filing of Notice of Exemption
in Compliance with Section 15062 of the
California Environmental Quality Act-2023-2031
Housing Element-City of Arvin
NOTE: Place in project file until approved – then
file with Kern County Clerk

AFFIDAVIT OF FILING AND POSTING
Court Records Supervisor Office of the County
Clerk
I declare that I received and posted this notice on the filing date as required by California Public Resources Code Section 21152(c). Said Notice will remain posted for 30 days for the filling date.

TO: COUNTY CLERK
County of Kern,
1115 Truxtun Ave. 1st Floor,
Bakersfield, CA 93301
FROM: City of Arvin
City Clerk, P.O. Box 548
200 Campus Drive, Arvin, CA 93203
661-854-3134 Office, 661-854-0817 Fax
Project title: 2023-2031 Housing Element, An Element of the General Plan – City of Arvin Project location: City Wide
Description of nature, purpose, and beneficiaries of project: The Housing Element Update is required to identify and analyze existing and projected housing needs in order to preserve, improve and develop housing for all economic segments of the community, including a fair housing analysis. In addition to prohibiting discrimination based on race, color, religion, disability, and other protected personal and familial attributes, the city is required to affirmatively further fair housing. The City’s Housing Element is the primary policy document implementing the housing policies and affirmatively further fair housing for all economic segments of the community.

Name of public
agency approving
project:

City of Arvin, CA –
City Council
Resolution No. 2025 -XXXX January 28, 2025
Name and person or agency
carrying out the project
Jake Raper, Planning Consultant, Community Development Department, 141 Plumtree Drive, Arvin, CA 93203 Email: [email protected] Exempt status: CEQA Guidelines, General Rule Exemption Section 15061(b)(3), Reasons why the project is exempt: The 2023-2031 Housing Element is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The project is also not located next to any scenic highway or resources, nor is located on a hazardous waste site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. Finally, the Housing Element does not include physical development. The Housing Element establishes goals and policies and therefore does not affect any site that could qualify as historical resources and no structures are to be demolished, nor would the project have a significant adverse impact on a historic resource.

For all the foregoing, including evidence in the administrative record, the City Council of the City of Arvin adopts General Rule Exemption Section 15061(b)(3) and the City Clerk is directed to file the Notice of Exemption with the Kern County Clerk.

Contact person: Jake Raper Jr., Project Coordinator/Planning Consultant, City of Arvin, Planning Division, 141 Plumtree Drive, Arvin, CA 93203 Email: [email protected], Phone No. 805-234-7908
Signature/Title/ Date:
__________________________________ ___________
Jeffrey Jones, City Manager/Finance Director Date
Record available to General Public: This is to certify that the environmental document and record of project approval is available to the General Public at City of Arvin, City Clerk’s Office, 200 Campus Drive, Arvin, California, 93203. This Notice of Exemption and its supporting documents may be reviewed/obtained during normal working hours at the above address. The filing of a Notice of Exemption and the posting on the list of notices start a 35-day statute of limitations period on legal challenges to the agency's decision that the project is exempt from CEQA. If a Notice of Exemption is not filed, a 180-day statute of limitations will apply. Refer to Section 15061(d) for filing instructions.

5.D.9
Attachment: Att 4 - NOE -2023-2031 HE CC Mtg January 28 2025 (Public Hearing: 2023-2031 Housing Element)

CONSIDERATION AND APPROVAL OF A TIME
EXTENSION FOR VTM 7385

CITY OF ARVIN
City Council Action Item G
Presented by Isaiah Medina, Contract Planner

6.A.1
Attachment: PPT VTM Bisla Farms_012825 (Vesting Tract Map No. 7358 Bisla Farms) • In 2019, the City Council approved a General Plan Amendment and Amendment to the Zoning Map changing the Land Use and Zoning for 62+/- acres at the SE corner of Sycamore and Tejon Hwy
Background

6.A.1
Attachment: PPT VTM Bisla Farms_012825 (Vesting Tract Map No. 7358 Bisla Farms) • Vesting Tentative Map 7385 was approved by City Council in December 2022
• VTM 7385 proposed the division of two parcels (APNs 189-352-02 and -08) totaling approximately 61.62 gross acres into a total of 11 lots that implement the previous GPA and REZ
Background

6.A.1
Attachment: PPT VTM Bisla Farms_012825 (Vesting Tract Map No. 7358 Bisla Farms)

6.A.1
Attachment: PPT VTM Bisla Farms_012825 (Vesting Tract Map No. 7358 Bisla Farms) • Per Title 16 Subdivisions of the AMC and the Subdivision Map Act, a (conditionally) approved tentative map shall expire 24 months after approval
• VTM 7385 was set to expire December 13,2024
• Requests for an extension must be made at least 30 days prior to expiration
• Applicant’s representative filed a request for extension on November 13,2024
Time Extension Requirement

6.A.1
Attachment: PPT VTM Bisla Farms_012825 (Vesting Tract Map No. 7358 Bisla Farms) • In reviewing the Subdivision Map Act Section 66463.5, the time at which a tentative map expires may be extended by a period or periods not to exceed 6 years
• Due to the history of the project and the site of the project site, Staff is recommending an additional 3-year time extension
• Should the Council grant the request, the extended map expiration date would be December 13, 2027
Time Extension Requirement

6.A.1
Attachment: PPT VTM Bisla Farms_012825 (Vesting Tract Map No. 7358 Bisla Farms) • Staff is recommending the Council adopt a Resolution of the City of Arvin City Council approving a 3-year time extension for VTM 7385 and directing City Staff to work with the Applicant to prepare an Implementation Plan
Recommendation

6.A.1
Attachment: PPT VTM Bisla Farms_012825 (Vesting Tract Map No. 7358 Bisla Farms) Staff Report Time Extension VTM 7358 and Phasing of Final Map – CC Mtg Jan. 28, 2025.

Page 1 of 5 ends

CITY COUNCIL

STAFF REPORT
Meeting Date: January 28, 2025
TO: City Council
FROM: Isaiah Medina, Assistant Planner/ Precision Engineering, Inc.

Jeffrey Jones, City Manager/Finance Director
Jake Raper, Project Coordinator/Planning Consultant
SUBJECT: Adoption of Resolution of the City of Arvin City Council Approving Vesting Tentative Map No. 7358, Bisal Farms, Time Extension to December 13, 2027, And City Staff and Applicant Prepare an Implementation Plan for the Phasing of Final Maps, Security for Financing Improvements for Each Phased Map, and Implementation of Conditions of Approval and Adopted Mitigation Measures.

BACKGROUND – PROJECT HISTORY:

General Plan Land Use Amendment and Rezoning- 62 +/-Acres – Known as Ariston Project and Bisal Farms:

The City Council adopted Resolution No. 2019-85, Attachment 1, on October 22, 2019 – General Plan Amendment 2013-01 Ariston Project changing the Land use Designation on 62 +/- Acres from Light Industrial and Heavy Industrial to 32.89 Acres to Light Industrial, 8.01 Acres to General Commercial, 13.46Acres to Medium Density Residential, and 7.01 Acres to High Density Residential. The City Council also adopted an Uncodified Ordinance No. 2019-462, Attachment 2, dated November 22, 2019 amending the Official Zoning Map and establishing

32.89 acres along Sycamore Road from A-1 Light Agricultural and A-2 General Agricultural to M-2 Light Industrial; 8.01 Acres at the southeast comer of Sycamore Road and Tejon Highway from A-1 Light Agricultural and A-2 General Agricultural to C-2 General Commercial; 13.46 Acres at the along the easterly side of Tejon Highway from A-1 Light Agricultural and A-2 General Agricultural to R-2 - Two- family Dwelling; and 7.0 Acres east side of Tejon Highway from A-1 Light Agricultural and A-2 General Agricultural to R-4 Multiple Family Dwelling.

6.A.2
Attachment: 1-Staff Report VTM7358 TimeExt and Approval of Phasing Final Map_012825 (Vesting Tract Map No. 7358 Bisla Farms) Staff Report Time Extension VTM 7358 and Phasing of Final Map – CC Mtg Jan. 28, 2025.

Page 2 of 5 ends

CEQA/ENVIRONMENTAL DOCUMENTATION:

The City Council, by Resolution No. 2019-84 on October 22, 2019, Attachment 3, adopted the Mitigation Monitoring Program and adopted a Mitigated Negative Declaration as the appropriate CEQA document in support of the General Plan Amendment and Rezoning of the 61 +/- Gross Acres creating 32.89 Acres designated as Industrial, 8.01 Acres designated as Commercial. 13.46 Acres as Medium Density Residential, and 7.0 Acres as High Density Residential. The City Council authorized and directed the City Manager to file the Notice of Determination for the General Plan and Zoning Amendment which was filed on October 27, 2022.

The VTM 7385 creating parcels that implement the previous General Plan Amendment and Rezoning, with the California Environmental Quality Act (CEQA) Title 14, Division 5, Chapter 3, Article 7, 15164 Addendum to An EIR or Negative Declaration and has concluded that “subsection b. An addendum to an adopted negative declaration was prepared upon determination that only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred”. The City Council, with the recommendation of Staff, accepted the Addendum to the previously prepared and adopted Mitigated Negative Declaration and Mitigation Monitoring Program. The City Council also adopted the Mitigation Monitoring Program as condition of the approval for the VTM 7385.

Page 3 of 5 ends

VESTING TENTATIVE MAP 7385 – BISAL FARMS:

The vesting tentative map proposed the division of two existing parcels, Assessor Parcel Map 189- 352- 02 and 189-352-08 consisting of 61.62 +/- Gross Acres into 4 commercial parcels (Lots 1-4) Approximately 1.64 Acres each; 3 industrial parcels (Lots 5, 6, and 7) approximately 10.5 Acres each; two (2) Medium Density parcels (lots 8 and 9) approximately 6 acres each, and two (2) parcels High Density Residential (lots 10 and 11) approximately 3.5 acres each. The City Council approved Vesting Tentative Map 7358, Bisal Farms, via Resolution No. 2022-70 on December 13, 2022, Attachment 4.

Consolidated One Page Tentative Map to be inserted – JR .

TENTATIVE MAP – EXTENSION REQUIRMENT:

The City of Arvin Municipal Code, Title 16 Subdivisions, Section 16.04.090 Tentative map— Extension, establishes the requirements for filing a request for an extension of the tentative map approval.

Page 4 of 5 ends

“Section 16.04.090 Tentative map—Expiration and Extension. A. An approved or conditionally approved tentative map shall expire twenty-four (24) months after its approval or conditional approval, unless otherwise automatically extended by provisions of the Subdivision Map Act, Government Code Section 66410 et seq., or other state law. Requests for an extension shall be made in writing, filed at least thirty (30) days prior to expiration date, and submitting fees as may be adopted by the City Council from time to time. Two extensions may be granted, and each extension shall not exceed a twelve (12) month period. Total extensions shall not exceed twenty (24) months.”
Staff in reviewing the State of California Subdivision Map Act Section 66463.5 (a) provides for up to 36 months for the life of the tentative map and Section 66463.5 (c) provides for a period or periods not exceeding a total of six years.

As required by Titel 16 Subdivisions, Section 16.04.090, the VTM 7358 approved on December 13, 2022, needed to be recorded within 24 months of approval, on or before December 13, 2024, OR the applicant submits a request and file for an extension of time.

The applicant’s representative filed a request for an extension on November 13, 2024, Attachment 5, and paid the required fee for the processing of the extension of time. Should the City Council grant the request for the extension of time, the final map expiration date would be December 13, 2027.

Staff upon reviewing the City’s Title 16 Subdivisions and California State Subdivision Map Act, Section 66463.5(c) it is recommended that due to the history of the project, due to size of the project site of 62+/-acres and the mixed land use designations and zoning designations that the time extension be granted for an additional three years. The applicant has requested the city consider approval of phased filing of final maps due to the cost burden for the installation of infrastructure. The three-year extension will provide time for the applicant’s representative and City Staff to develop an implementation plan for the phasing of final maps and ensuring that the conditions of approval are implemented. Once the implementation plan and phasing of final maps are developed, the City Staff will report to the City Council and request that the phasing plan be approved.

FISCAL CONSIDERATION:

No financial impact on the city is foreseen due to the approval of the time extension requested by the applicant’s representative. The applicant, based upon the City Council policy for full cost recovery for development projects, will be required to submit a deposit for the development of an implementation plan for the phasing of final maps, providing needed security for financing improvements for each phased map, and ensuring that the conditions of approval and adopted mitigation measures are implemented.

RECOMMENDATION
Staff is recommending the City Council adopt “Resolution of the City of Arvin City Council Approving Vesting Tentative Map No. 7358, Bisal Farms, Time Extension to December 13,

Page 5 of 5 ends

2027, And City Staff and Applicant Prepare an Implementation Plan for the Phasing of Final Maps, Security for Financing Improvements for Each Phased Map, and Implementation of Conditions of Approval and Adopted Mitigation Measures”.

EXHIBITS AND ATTACHMENTS
• Resolution of the City of Arvin City Council Approving Vesting Tentative Map No. 7358, Bisal Farms, Time Extension to December 13, 2027, And City Staff and Applicant Prepare an Implementation Plan for the Phasing of Final Maps, Security for Financing Improvements for Each Phased Map, and Implementation of Conditions of Approval and Adopted Mitigation Measures”.
• Attachment 1 - 2019-85 Reso Approving General Plan Amendment 2013-01 Ariston Project_102219
• Attachment 2 - Ordinance 2019-462 Uncodified Ordinance Amending Zoning Map for Zone Change.
• Attachment 3 – Resolution No. 2019-84 MND and Monitoring Program GP and ZC • Attachment 4 - 2022-70 Resolution Approving VTM 7385 Bisla_121322 • Attachment 5 - Request for Time Extension VTM 7358

6.A.2
Attachment: 1-Staff Report VTM7358 TimeExt and Approval of Phasing Final Map_012825 (Vesting Tract Map No. 7358 Bisla Farms) CC Adoption of VTM 7358 Time Extension to December 13, 2027.

Page 1 of 3 ends

RESOLUTION NO. _________

A RESOLUTION OF THE CITY OF ARVIN CITY COUNCIL
APPROVING VESTING TENTATIVE MAP NO. 7358, BISAL FARMS,
TIME EXTENSION TO DECEMBER 13, 2027, AND CITY STAFF AND

APPLICANT PREPARE AN IMPLEMENTATION PLAN FOR THE

PHASING OF FINAL MAPS, SECURITY FOR FINANCING

IMPROVEMENTS FOR EACH PHASED MAP, AND

IMPLEMENTATION OF CONDITIONS OF APPROVAL AND
ADOPTED MITIGATION MEASURES.

WHEREAS, The City Council adopted Resolution No. 2019-85, on October 22, 2019 – General Plan Amendment 2013-01 Ariston Project changing the Land use Designation on 62 +/- Acres from Light Industrial and Heavy Industrial to 32.89 Acres to Light Industrial, 8.01 Acres to General Commercial, 13.46Acres to Medium Density Residential, and 7.01 Acres to High Density Residential; and
WHEREAS, The City Council also adopted an Uncodified Ordinance No. 2019-462, dated November 22, 2019 amending the Official Zoning Map and establishing 32.89 acres along Sycamore Road from A-1 Light Agricultural and A-2 General Agricultural to M-2 Light Industrial;

8.01 Acres at the southeast comer of Sycamore Road and Tejon Highway from A-1 Light Agricultural and A-2 General Agricultural to C-2 General Commercial; 13.46 Acres at the along the easterly side of Tejon Highway from A-1 Light Agricultural and A-2 General Agricultural to R-2 - Two- family Dwelling; and 7.0 Acres east side of Tejon Highway from A-1 Light Agricultural and A-2 General Agricultural to R-4 Multiple Family Dwelling; and WHEREAS, The City Council, by Resolution No. 2019-84 on October 22, 2019, adopted the Mitigation Monitoring Program and adopted a Mitigated Negative Declaration as the appropriate CEQA document in support of the General Plan Amendment and Rezoning of the 61 +/- Gross Acres creating 32.89 Acres designated as Industrial, 8.01 Acres designated as Commercial. 13.46 Acres as Medium Density Residential, and 7.0 Acres as High Density Residential.

WHEREAS, The vesting tentative map proposed the division of two existing parcels, Assessor Parcel Map 189- 352-02 and 189-352-08 consisting of 61.62 +/- Gross Acres into 4 commercial parcels (Lots 1-4) Approximately 1.64 Acres each; 3 industrial parcels (Lots 5, 6, and 7) approximately 10.5 Acres each; two (2) Medium Density parcels (lots 8 and 9) approximately 6 acres each, and two (2) parcels High Density Residential (lots 10 and 11) approximately 3.5 acres each. The City Council approved Vesting Tentative Map 7358, Bisal Farms, via Resolution No. 2022-70 on December 13, 2022; and
WHEREAS, Section 16.04.090 Tentative map—Expiration and Extension, establishes that an approved or conditionally approved tentative map shall expire twenty-four (24) months after its approval or conditional approval, unless otherwise automatically extended by provisions of the Subdivision Map Act, Government Code Section 66410 et seq., or other state law. Requests

6.A.3
Attachment: 2-Reso Time Ext VTM7358 To 2027_CC Mtg 012825 (Vesting Tract Map No. 7358 Bisla Farms) CC Adoption of VTM 7358 Time Extension to December 13, 2027.

Page 2 of 3 ends

for an extension shall be made in writing, filed at least thirty (30) days prior to expiration date, and submitting fees as may be adopted by the City Council from time to time; and WHEREAS, The applicant’s representative filed a request for an extension on November 13, 2024, and paid the required fee for the processing of the extension of time.

WHEREAS, the City Council duly considered the Staff’s recommendation and finds that the City’s Title 16 Subdivisions and California State Subdivision Map Act, Section 66463.5(c) that due to the history of the project, due to size of the project site of 62+/-acres and the mixed land use designations and zoning designations that the time extension be granted for an additional three years; and
WHEREAS, the applicant has requested the city consider approval of phased filing of final maps due to the cost burden for the installation of infrastructure, the three-year extension will provide time for the applicant’s representative and City Staff to develop an implementation plan for the phasing of final maps and ensuring that the conditions of approval are implemented.

NOW THEREFORE BE IT RESOLVED by the City Council of the City of Arvin as follows:

1. The City Council of the City of Arvin finds that the above recitals are true and correct.

2. The City Council hereby approves a three-year extension for VTM 7358 to December 13, 2027.

3. The City Council further directs City Staff to work with the applicant or applicant’s representative to develop an implementation plan for the phasing of final maps and ensuring that the conditions of approval are implemented.

4. The City Council hereby requires the applicant to submit a $5,000.00 deposit to ensure full cost recovery for the preparation of and development of a phasing plan and the implementation plan for the phasing of final maps and ensuring that the conditions of approval are implemented.

5. Once the implementation plan and phasing of final maps are developed, the City Staff will report to the City Council and request that the phasing plan be approved.

6. This Resolution shall take effect immediately.

6.A.3
Attachment: 2-Reso Time Ext VTM7358 To 2027_CC Mtg 012825 (Vesting Tract Map No. 7358 Bisla Farms) CC Adoption of VTM 7358 Time Extension to December 13, 2027.

Page 3 of 3 ends

I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 28th day of January 2025 by the following vote:

AYES: _______________________________________________________________________ NOES: _______________________________________________________________________ ABSTAIN: ____________________________________________________________________ ABSENT: _____________________________________________________________________ ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA CALDERON, Mayor
APPROVED AS TO FORM:

By:

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

6.A.3
Attachment: 2-Reso Time Ext VTM7358 To 2027_CC Mtg 012825 (Vesting Tract Map No. 7358 Bisla Farms)

6.A.4
Attachment: Att 1-2019-85 Reso Approving General Plan Amend 2013-01 Ariston Project_102219_Redacted (Vesting Tract Map No. 7358 Bisla

6.A.4
Attachment: Att 1-2019-85 Reso Approving General Plan Amend 2013-01 Ariston

6.A.5
Attachment: Att 2 - Ord 2019-462 Uncodified Ord Amending Zoning Map for Zone Change__Redacted (Vesting Tract Map No. 7358 Bisla Farms)

6.A.5
Attachment: Att 2 - Ord 2019-462 Uncodified Ord Amending Zoning Map for Zone Change__Redacted

6.A.6
Attachment: Att 3 - Reso 2019-84_Redacted (Vesting Tract Map No. 7358 Bisla Farms)

Page 1 of 7 ends

Reso CC Approval of VTM 7385.

RESOLUTION NO. 2022-70

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

APPROVING, SUBJECT TO CONDITIONS AND EXHIBITS A, B, AND C FOR VESTING TENTATIVE MAP 7385 – SOUTHEAST CORNER OF

TEJON HIGHWAY (SOUTH DERBY STREET) AND EAST SYCAMORE

ROAD AND ADOPTION OF ADDENDUM TO THE PREVIOUSLY

ADOPTED MITIGATED NEGATIVE DECLARATION AND ADOPTION

OF PREVIOUSLY APPROVED MITIGATION MONITORING
PROGRAM PURSUANT TO TITLE 14, DIVISION 5, CHAPTER 3,
ARTICLE 7, SECTIONS 15162 AND 15164.

WHEREAS, LAV/Pinnacle Engineering, representative, and Onkar S. Bisla of Bisla Farms, (Applicant), has filed Vesting Tentative Map 7385 for the division of land, APN’s 189- 352-02 and 189-352-08 within the City of Arvin; and
WHEREAS, The Planning Commission held a Public Hearing on Tuesday November 15, 2022, to review and consider Vesting Tentative Map No. 7385 for Assessor Parcel Numbers 189- 352-02 and 189-352-08 within the City of Arvin consisting of 61 +/- Gross Acres; and WHEREAS, the City properly noticed the November 15, 2022, hearing before the Planning Commission for the proposed Vesting Tentative Map 7385 pursuant to Government Code sections 65090 and 65091 by publication in the Bakersfield Californian on October 26, 2022 and notices were mailed to individual property owners within 300 feet on October 27, 2022 and to interested agencies and individuals; and
WHEREAS, the Planning Commission conducted a duly noticed public hearing on November 15, 2022, at which time all interested parties were given an opportunity to be heard and present evidence regarding the proposed project, VTM 7385; and WHEREAS, the project site is located at the Southeast corner of Tejon Highway (South Derby Street) and East Sycamore Road; and
WHEREAS, the proposed land division of two existing parcels, Assessor Parcel Map 189- 352-02 and 189-352-08 consisting of 61.62 +/- Gross Acres into 4 commercial parcels (Lots 1-4) Approximately 1.64 Acres each; 3 industrial parcels (Lots 5, 6, and 7) approximately 10.5 Acres each; two (2) Medium Density parcels (lots 8 and 9) approximately 6 acres each, and two (2) parcels High Density Residential (lots 10 and 11) approximately 3.5 acres each; and WHEREAS, Improvements associated with the tentative map include but not limited to frontage improvements along the south side of East Sycamore Road, east side of South Derby Street (Tejon Highway) and west side of Malovich Road along with the extension of water and sewer utilities, undergrounding of electrical service, storm drainage design and retention, and WHEREAS, New interior road system for the newly created parcels and adjoining parcel to the east, and

6.A.7
Attachment: Att 4 - 2022-70 Reso Approving VTM 7385 Bisla_121322_Redacted (Vesting Tract Map No. 7358 Bisla Farms)

Page 2 of 7 ends

Reso CC Approval of VTM 7385.

WHEREAS, the proposed land division, VTM 7385, implements the previous General Plan Amendment and Rezoning of 61+/- Gross Acres of Land creating housing opportunities for affordable housing and economic development. The General Plan Amendment and Rezoning created 15 acres for affordable housing development, 6.6 Acres for retail or other services, and

31.5 acres for industrial related opportunities; and
WHEREAS, the City Council by Resolution No. 2019-84 on October 22, 2019, adopted the Mitigation Monitoring Program and adopted a Mitigated Negative Declaration as the appropriate CEQA document in support of the General Plan Amendment and Rezoning of the 61 +/- Gross Acres creating 32.89 Acres designated as Industrial, 8.01 Acres designated as Commercial. 13.46 Acres as Medium Density Residential, and 7.0 Acres as High Density Residential; and
WHEREAS, Staff has reviewed the proposed project, VTM 7385, creating parcels that implement the previous General Plan Amendment and Rezoning, with the California Environmental Quality Act (CEQA) Title 14, Division 5, Chapter 3, Article 7, Sections 15162 Subsequent EIRs and Negative Declarations and has determined that no findings listed in Section 15612 Subsequent EIRs and Negative Declarations occur; “15162. SUBSEQUENT EIRS AND

NEGATIVE DECLARATIONS
(a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the Negative Declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to

6.A.7
Attachment: Att 4 - 2022-70 Reso Approving VTM 7385 Bisla_121322_Redacted (Vesting Tract Map No. 7358 Bisla Farms)

Page 3 of 7 ends

Reso CC Approval of VTM 7385.
adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. (b) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise, the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation. (c) Once a project has been approved, the lead agency‘s role in project approval is completed, unless further discretionary approval on that project is required. Information appearing after an approval does not require reopening of that approval. If after the project is approved, any of the conditions described in subdivision (a) occurs, a subsequent EIR or negative declaration shall only be prepared by the public agency which grants the next discretionary approval for the project, if any. In this situation no other responsible agency shall grant an approval for the project until the subsequent EIR has been certified or subsequent negative declaration adopted.
(d) A subsequent EIR or subsequent negative declaration shall be given the same notice and public review as required under Section 15087 or Section 15072. A subsequent EIR or negative declaration shall state where the previous document is available and can be reviewed.

WHEREAS, Staff has reviewed the proposed project, VTM 7385, creating parcels that implement the previous General Plan Amendment and Rezoning, with the California Environmental Quality Act (CEQA) Title 14, Division 5, Chapter 3, Article 7, 15164 Addendum to An EIR or Negative Declaration and has concluded that “subsection b. An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred” and is recommending that only minor technical changes or additions are necessary for the acceptance of the Addendum to the previously prepared and adopted Mitigated Negative Declaration and Mitigation Monitoring Program; and WHEREAS, The Venting Tentative Map creates the lots for future development and the City is in reliance upon a previously adopted Mitigated Negative Declaration Pursuant to Title 14, Division 5, Chapter 3, Article 7, Sections 15162 and 15164 under the California Environmental Quality Act (CEQA) as the appropriate environmental clearance for the project and that an Addendum, Exhibit C - On file at the Planning Office, to the previously adopted Mitigated Declaration is appropriate; and
WHEREAS, pursuant to Title 14, Division 5, Chapter 3, Article 7, Sections 15162 and 15164 under the California Environmental Quality Act (CEQA) Guidelines, Staff has prepared the Addendum to the Mitigated Negative Declaration, attached same to Resolution No. 2019-84 adopting the Mitigated Declaration and Mitigation Monitoring Program, the previous filed Notice of Determination, and Initial Study(ies) and is on file at the City of Arvin Planning Office; and

6.A.7
Attachment: Att 4 - 2022-70 Reso Approving VTM 7385 Bisla_121322_Redacted (Vesting Tract Map No. 7358 Bisla Farms)

Page 4 of 7 ends

Reso CC Approval of VTM 7385.

WHEREAS, the Planning Commission adopted Resolution APC 2022-06 on November 15, 2022 and the City Council accepts the Planning Commission recommendation and the City Council of the City of Arvin makes the following findings and approves, subject to conditions, Vesting Tentative Map 7385 after Public Hearing held on December 13, 2022:

1. Notice has been given in the time and in the manner required by State Law and City Code.

2. The proposed Vesting Tentative Map with the conditions of approval, is in conformity with both the intent and provisions of the Zoning Ordinance, Title 17 of the City of Arvin Code of Ordinances.

3. The site is physically suitable for the proposed type and intensity of development in that the approval process for Vesting Tentative Map No. 7385 provided sufficient opportunity to review the proposed development and ensure minimal impacts on surrounding properties.

4. The approval of Vesting Tentative Map No. 7385, land division of two existing parcels, Assessor Parcel Map 189-352-02 and 189-352-08 consisting of 61.62 +/- Gross Acres into 4 commercial parcels (Lots 1-4) Approximately 1.64 Acres each; 3 industrial parcels (Lots 5, 6, and 7) approximately 10.5 Acres each; two (2) Medium Density parcels (lots 8 and 9) approximately 6 acres each, and two (2) parcels High Density Residential (lots 10 and 11) approximately 3.5 acres each as shown on the vesting tentative map, as required to be modified to implement conditions of approval, will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood in the proposed uses are similar to and compatible with neighboring uses in the area.

5. The City Council adopts the Addendum to the Mitigated Negative Declaration as the appropriate environmental document and further adopts the Mitigation Monitoring Program as condition of the approval for the VTM 7385.

6. The City Council accepts the determination of the Arvin Planning Commission’s review of the previous environmental documents that were prepared and adopted for the previously amended the General Plan Land Use Diagram and Rezoning, and support the finding that the proposed vesting tentative map further implements the goals and policies of the general plan. Further, based upon the review of the previously adopted Mitigated Negative Declaration and adopted Mitigation Monitoring Program, the project, VTM 7385, does meet the criteria Pursuant to Title 14, Division 5, Chapter 3, Article 7, Sections 15162 and 15164 under the California Environmental Quality Act (CEQA) as the appropriate environmental clearance for the project and that an Addendum to the previously adopted Mitigated Declaration has been prepared.

7. The Developer has agreed to full cost recovery for processing the application as is required by the Arvin Municipal Code and/or any rules, regulations or resolutions enacted by the City of Arvin.

6.A.7
Attachment: Att 4 - 2022-70 Reso Approving VTM 7385 Bisla_121322_Redacted (Vesting Tract Map No. 7358 Bisla Farms)

Page 5 of 7 ends

Reso CC Approval of VTM 7385.

NOW, THEREFORE, the City Council of the City of Arvin resolves as follows:

1. The recitals and findings set forth above are true and correct and incorporated herein by this reference.

2. The City Council accepts:
a. The City Council. upon consideration of Planning Commission recommendation and preliminary analysis, and its independent judgement finds that VTM 7385 is in compliance with the General Plan.
b. Find, on the basis of the whole record before the Council and any comments received and the responses to said comments, that there is not substantial evidence that the project will have a significant, adverse effect on the environment and that a Addendum to the previously adopted Mitigated Negative Declaration is the appropriate environmental document for this project.
c. Find that the project mitigations imposed and established by the adoption of a Mitigation Monitoring Program for the General Plan Amendment and Rezoning of the property being subdivided supports the determination any potentially significant effects to a point where clearly no significant adverse impact on the environment would occur.

3. The City Council approves the proposed Vesting Tentative Map 7385 attached hereto as Exhibit “A,” subject to Conditions of Approval attached hereto as Exhibit “B”, and the Mitigation Monitoring Program as “Exhibit C”, and the City Council hereby makes the following attendant findings:
a. The City Council finds that the project is consistent with the policies of the City of Arvin General Plan as per the requirements of California Government Code section 65867.5(b).

The proposed land uses and the density are also compliant per this requirement. b. The proposed Vesting Tentative Map 7385 will not be detrimental, or cause adverse effects, to adjacent property owners, residents, or to the general public, since the Project will be constructed in accordance with the plans and entitlements that were approved previously by the City, and development of any future phases will be subject to further review and consistency with General Plan polices and Municipal Code. c. The approval of Vesting Tentative Map No. 7385, division of two existing parcels, Assessor Parcel Map 189-352-02 and 189-352-08 consisting of 61.62 +/- Gross Acres into 4 commercial parcels (Lots 1-4) Approximately 1.64 Acres each; 3 industrial parcels (Lots 5, 6, and 7) approximately 10.5 Acres each; two (2) Medium Density parcels (lots 8 and 9) approximately 6 acres each, and two (2) parcels High Density Residential (lots 10 and 11) approximately 3.5 acres each shown on the vesting tentative map will not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood in the proposed uses are similar to and compatible with neighboring uses in the area.
d. The Conditions of Approval listed in Exhibits A, B, and C are hereby adopted and are to be implemented in compliance with the Conditions of Approval. Minor modification may be granted by the City Engineer, Building Official, and/or the City Planner, where appropriate. Any waived, deferred, or modification must be documented by the

6.A.7
Attachment: Att 4 - 2022-70 Reso Approving VTM 7385 Bisla_121322_Redacted (Vesting Tract Map No. 7358 Bisla Farms)

Page 6 of 7 ends

Reso CC Approval of VTM 7385.
responsible person.
e. The project is consistent with the Arvin General Plan and the purpose and standards of the applicable zone districts.
f. Approval of the VTM 7385 shall be null and void should the Developer, and any property owner(s) or business owners(s), fail to submit affidavits of acceptance of the conditions of approval for this project, including an acknowledgement that failure to comply with the conditions of approval shall constitute grounds for suspension, revocation and/or other enforcement action.

4. This Resolution shall become effective immediately upon adoption by the City Council. //////
//////
//////
//////
//////
//////
//////
//////
//////
//////
//////
//////
//////
//////
//////
//////
//////
//////

6.A.7
Attachment: Att 4 - 2022-70 Reso Approving VTM 7385 Bisla_121322_Redacted (Vesting Tract Map No. 7358 Bisla Farms)

6.A.7
Attachment: Att 4 - 2022-70 Reso Approving VTM 7385 Bisla_121322_Redacted (Vesting Tract Map No. 7358 Bisla Farms) Exhibit A
Vesting Tentative Map (VTM)7385
Located at SE Comer of Tejon Hwy
(South Derby St) and East Sycamore
Road
APN's 189-352-02 and 189-352-08

6.A.7
Attachment: Att 4 - 2022-70 Reso Approving VTM 7385 Bisla_121322_Redacted (Vesting Tract Map No. 7358 Bisla Farms) NORTH
SCALE: , . - 100'
' · ..,
VESTING TENTATIVE TRACT MAP NO. 7385

BEING A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 31 SOUTH, RANGE 29 EAST, MOUNT DIABLO BASE AND

MERIDIAN, IN THE CITY OF ARVIN, COUNTY OF KERN, STATE OF CALIFORNIA l--t-'-B�EA_R_MO_U_N_T_AI_N_B_L_VD_.
--r
- @ ,- 1- - - ----, 1- - ,

SYCAMORE ROAD
>-"'
PROJEC�==-WP
SITE
; ,__E_L _C_A_MI_NO_R_EA_L _ _, i
5 8 :I:

MILLUX ROAD
w
z
::,
'--'---------'----------

VICINITY MAP

NO SCALE
l
/
/
I
I
I S1REET 1REES/LANDSCAPE TO

BE SUBMITTED SEP ARA TEL Y

AND MUST BE APPROVED

PRIOR TO ACCEPTANCE OF A

FINAL MAP

LAV// PINNACLE
Consulting & Engineering Services
Planning• Engineering• Surveying • Project Management
12418 Rosedale Hwy., Suite 8, Bakersfield, CA 93312
Phone: /661) 869-0184 II [email protected]
i JOB No.: IG-4S7 IDv-.o No,: TTN j DATE: osn212022 j SHEET 1 OF 2 I

6.A.7
Attachment: Att 4 - 2022-70 Reso Approving VTM 7385 Bisla_121322_Redacted (Vesting Tract Map No. 7358 Bisla Farms) VESTING TENTATIVE TRACT MAP NO. 7385

BEING A PORTION OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 31 SOUTH, RANGE 29 EAST, MOUNT DIABLO BASE AND

MERIDIAN, IN THE CITY OF ARVIN, COUNTY OF KERN, STATE OF CALIFORNIA - 150-25
. !AND
I --�-=---N89'49'14•w- -- -- -- -
--w ----•·----• ----•

C/L SYCAMORE ROAD
-- -- --- -
-·-
---
- ··- - u,
B
2 .... __
--. ----
7:or 7--

9.as AC. NET

11.43 AC. CROSS
0 5 N
g
N
O>O..
.. t; .
-11.0 f
gl .,: °' "- ::E O ��-m1--..;...,!J!0'-'".o�o· o..
�
I I ::J
I
I
g
\
I I I
NORTH
SCALE: 1"
CITY
,oo·
-----

GENERAL NOTES
APN l 89-352-31
VACANT !AND
t. ASSESSOR'S PARCEi NUMBER· 169-352-02 & 189-352-08

2. SJTF ACREAGE· 61.62 GROSS ACRES

3. EXISTING PARCEi S· 2

4. PBOPOSFD PARCEi S· 11

5. WATER SUPPLY· AR \/I N COMMUNITY SER VICES DISlRICT

6. SFWAGE DISPOSAL; CITY OF ARVIN

7. � PACIFIC GAS & ELECTRIC

8. GAS.; SOUTHERN CALIFORNIA GAS CO.

9. fXISTINGIPROPOSfP I AND lJSf· GENERAL COMMERCIAL, LIGHT IN D USTRIAL. MEDIUM DENSITY RESIDE N TIAL AN D HI GH
DENSITY RESIDENTIAL.

10. EXISTING/PROPOSED ZONING· C-2 (GENER AL COMMER CIAL), M-2 (LIGHT MANUFAClUR ING), R-2 (TWO FAMILY DW!'LLI N G, R - 4 (MULTIPLE FAMILY OW!'LLIN G).

11. EXISTING USE· VACAN T LANO

12. PBOPOSFQ USE- MIXED USE - COMMER CIAL, MULTI-FAMILY,

INDUSTRIAL

13. ELQQO....ZQtiE; AO , X AN O A (FEMA FLOOD MAP N o.
0629C2775E, DATED SEPTI.:MBER 26,2008)
5' 'MOE SIDEWALX
PER c.o.A. sro:s
(rn>)
751,61'
,o·
R/W
10·
T'l'l'E •A• CURB&:

GUTTER PER C.O.A.

STO.'S (T'l'l')
¾
r � "1iiiliiiiiilf °"liiiiiiiiul 14. MAP PHASING· N O PHASIN G PR OPOSED . COUNTY 15. THIS PROJECT 1'1LL BE CON STRUCTEO IN ACCORDAN CE TO - - CITY LIMIT
__ , __

MAP BOU N D AR Y

PR OPOSED PARCEL LI N E

FLOOD ZONE LIN E

PR OPOSED STREET R IGHT- OF- WAY

EXISTING STR EET R IGHT- OF- WAY

EXISTING ELECTRIC

EXISTIN G WATER LI N E

EXISTING GAS LINE

EXISTIN G CHAIN - LINK FENCE

EXISTIN G SEWER LINE
--J-4o-__ EXISTI N G GR OUN D CON TOUR S

EXISTIN G SEWER MAN HOLE

EXISTIN G UTILITY POLE
j EX. PAVEMENT
BK
PG
L.S
R / S
AC
APN

N,E,S,W
R/W
O. R .

AC GR
C/L
CONC,
ESMT.

EX.

EP
LH

EXISTIN G STREET GR AD E

PROPOSED STREE T GRADE
BOOK
PAGE

LAN D SUR VEYOR

R ECORD OF SUR VEY
ACR ES

ASSESSORS PAR CEL NU M BER

DI R ECTIONS

R IGHT OF WAY
omctAL R ECOR DS

ACR ES G ROSS

CEN TER LIN E

CON CR ETE

EASEMEN T

EXISTIN G

EDG E OF PAVEMEN T

LAMP HOLE
THE CtTY OF AR VIN DEVELOPMEN T STAND ARDS.

OWNER /sUBP/YJPER
ONKAR S. BISLA
4215 WATER FALL CANYON OR.

BAKER SFIELD, CA 93313

BASIS OF BEARINGS
THE BEAR IN G OF N 99•49•14• W SHOWN FOR THE

CENTE R LIN E OF SYCAMOR E ROAD PER THE R ECORD OF
SUR VEY RECOR D E D IN BOOK 23 PAGE 100 IN THE KER N
COU N TY RECORDER'S omc E WAS USED AS THE BASIS OF
BEAR IN G FOR THIS M AP.

EASEMENT INFORMATION

ALL EASEM EN TS SHOWN ON THIS M AP AR E PER THE
PRELI M IN AR Y TITLE REPOR T PR E PAR ED BY STEWA R T TlllE AS ORDER No. G-2921-2561 DATED JULY 8, 2020.
(i) ��f��Nl 1�� i N,SoR�
S
J wt�
0 c6�� iic�iEo IN
BK. 32, PG. 473 OF AGREEMENTS. (EASEM EN T IS
NOT PLOTTABLE PE R R ECORD ).
@ ��:�
c
R��i �; : J ��ii_
M
T�.

T
1��0�� -u��. °tc.
137, D.R.
@ ��
D
D��t 1 � gR6�0
S
�� ! �� r:
c
��4
C
�
M
��.

PG. 119, D.R.
© c �g
R
R�� J�
R
�
G
1�g
N
R � l �
N
�-
GR lt.iM R ECORDED APRIL 12, 1990 IN BK. 6369, PG .
1399, O.R.
@ ��!�
T
R �� R��
D
A��l�
p
� ��91� �
E
e: .u��7�
N
PG . 1288, O.R.

TYPICAL SECTION - TEJON HWY. & SYCAMORE ROAD
2 N.T.S.

R/W C/l 1------•·-,_•·---------,
Fl
33'
EX. AC.

PA\t'.MENT
.l.o· A.C. O H o.o· ........ O\o'l!:,C 1.0·
N,'Tl\JE COMPACTEO TO g5,c REI..ATlVE
OENSITY PER ASTM 0-1557

TYPICAL SECTION - MALOVICH ROAD
N.T.S.

LAV// PINNACLE
Consulting & Engineering Services
Planning • Engineering• Surveying• Project Management
12418 Rosedale Hwy., Suite 8, Bakersfield, CA 93312
Phone: /661/ 869-0184 // LA [email protected]
i JOB No.: 10-4571 O'NQ No.: TTM I OATE:0912212022 SHEET 20F 2

6.A.7
Attachment: Att 4 - 2022-70 Reso Approving VTM 7385 Bisla_121322_Redacted (Vesting Tract Map No. 7358 Bisla Farms) Conditions of Approval VTM 7385 SE Corner of Tejon Hwy (South Derby St.) and East Sycamore Road

Page 1 of 18 ends

EXHIBIT B
Conditions of Approval
Vesting Tentative Subdivision Map No. 7385

NOTICE TO PROJECT APPLICANT
In accordance with the provisions of Government Code Section 66020(d)(1), the imposition of fees, dedication, reservations, or exactions for this project are subject to protest by the project applicant at the time of approval or conditional approval of the development or within ninety (90) calendar days after the date of imposition of fees, dedications, reservation, or exactions imposed on the development project.

This notice does not apply to those fees, dedications, reservations, or exactions which were previously imposed and duly noticed; or, where no notice was previously required under the provisions of Government Code Section 66020(d)(1) in effect before January 1, 1997.

Applicants: Agent: Scott
Quintana
LAV/Pinnacle
Engineering 13061
Rosedale Hwy,
Suite G199
Bakersfield, CA
93314
Property Owner:

Bisla Farms
4215 Waterfall Canyon Drive
Bakersfield, CA 93313
Project Address: Project site is located at the Southeast corner of Tejon Highway (South Derby Street) and East Sycamore Road.

Arvin, CA 93203
Assessor Parcel
No.
189-352-02 and 189-352-08
Zoning: Light Industrial – 32.89 Acres; C-2 General Commercial – 8.01 Acres; R-2 Two-family Dwelling – 13.46 Acres; ,
and R-4 Multiple Family Dwelling – 7.0 Acres
General Plan
Land Use
Designation
M-2 Light Industrial – 32.89 Acres; General
Commercial – 8.01 Acres; Medium Density Residential
– 13.46 Acres; , and High Density Residential – 7.0
Acres

Page 2 of 18 ends

COMMUNITY DEVELOPMENT DEPARTMENT

GENERAL (G)
G-1 Hold Harmless Requirement: The applicant or applicant’s successor in interest shall indemnify, defend, and hold harmless the City of Arvin, its agents, officers and employees from any and all claims, actions or proceedings against the city of Arvin, its agents, officers, and employees to attach, set aside, void or annul any approval by the City of Arvin and its advisory agency, appeal board or legislative body concerning this application which action is brought within applicable statues of limitations. The City of Arvin shall promptly notify the applicant or applicants’ successor in interest of any claim or proceedings and shall cooperate fully in the defense. If the City fails to do so, the applicant or applicants’ successor in interest shall not thereafter be responsible to defend, indemnify or hold the City of Arvin harmless. The condition may be placed on any plans or other documents pertaining to this application.

G-2 All exhibits, and references identified in the following conditions and the resolution approving this project are conditions of approval unless otherwise waived. Therefore, all requirements, conditions, mitigation measures, standards, policies are to be implemented by the project applicant and successors in interest unless specifically waived by the City of Arvin.

G-3 There may also be conditions that are incorporated in the project approval that are not specific and are subject to interpretation, review, and approval or conditional approval by City staff that are not established by City ordinance, resolution, policy, etc. Those conditions give authority to City Staff to use their judgment in the final resolution of the issue identified. City Staff identified in the condition shall interpret the compliance of those condition(s) at their discretion. This may create costs to the project that are not otherwise clearly identified.

G-4 The future projects are subject to the CEQA review process and Mitigation Measures are adopted for the project, those mitigation measures are conditions of approval and are the obligation of the project applicant to fully implement and comply with the requirements established.

MITIGATION MONITORING PROGRAM (MMP)
MMP-1 Previously Adopted Mitigated Negative Declaration - the City Of Arvin is in reliance of a previously adopted Mitigated Negative Declaration (Resolution No. 2019-84 adopted October 22, 2019) prepared for General Plan Amendment (Resolution No. 2019-85 adopted October 22, 2019) and Rezoning (Ordinance No. 2019-462 adopted on November 12, 2019). The land division is the implementation of the previously general plan amendment and rezoning - all mitigation measures are imposed as applicable to the proposed Vesting Tentative Map 7385.

MMP-2 Implementation of the Mitigation Agreement adopted Resolution No. 2019-84 adopted October 22, 2019, shall be subject to implementation prior to, concurrent with, and implementation and development of this project.

MMP-3 Each lot, and subsequent owners of interest, shall be subject to the implementation of the Mitigation Agreement adopted Resolution No. 2019-84 adopted October 22, 2019, as may be amended and/or updated from time to time.

Page 3 of 18 ends

MMP-4 Certain Mitigation Measures are adopted and must be implemented prior to the recordation of the final map OR provide funding for and affidavits by the current and future property owners to fund, establish, join and participate required plans and programs. Summary of the required mitigation measures are as follows:
a. MMP#5 - The Project shall pay 22% of the cost of a traffic signal at the intersection of Franklin Street and Derby Street. Said Project share of the traffic signal will be further pro-rated among the various land uses proposed by the Project based on trips for each development type. The Developer's engineer shall prepare an estimate for the traffic signal, and the allocation of this cost to each Project land use. This cost and fee allocation must be approved by the Arvin City Engineer and will be in addition to the Traffic Impact Fee collected at the time of building permit application. Payment calculation shall by a traffic consultant and shall be paid to the city prior to the issuance of any building permit. Updated based upon the revised traffic analysis.
b. MMP#12 - In order to minimize flooding impacts, and pursuant to FEMA requirements, Chapter 15.32 (Floodplain Management) of the Arvin Municipal Code establishes floodresistant standards for building anchoring, construction materials and methods, storage of materials, utilities and land subdivisions. In addition, FEMA requires that for all new construction, the ground floor must be raised at least 24 inches above the highest adjacent grade.
c. MMP#13- The project site shall be investigated by a qualified archaeologist prior to any ground disturbance activities. Findings and report shall be filled with the City of Arvin Community Development Department. Should any findings of significances be identified appropriate mitigation measures shall be implemented as recommended by the archaeologist.

Refer to §15064.5, CEQA Guidelines.
d. MMP#15 - To ensure that future growth may be provided the needed services such as Fire, Police, storm drainage maintenance, road infrastructure maintenance, the project shall be required to establish a Community Services District or equivalent funding mechanism, known as the Mello-Roos Community Facilities Act of 1982 per California Code sections 53311 through 53317.5 and 53340 through 53344.4 or equivalent at the cost of the developer. To be established at the applicants' expense prior to or concurrent with any future development entitlement.

ARVIN MUNICIPAL CODE (AMC)
AMC-1 Each lot, and subsequent owners of interest, shall be subject to the City of Arvin, Municipal Code entire ordinance in effect and as may be amended from time to time.

LANDSCAPING REQUIREMENTS AND LIGHTING AND LANDSCAPING DISTRICT

FORMATION (LR)
LR-1 The applicant shall provide front yard landscaping. Landscaping shall incorporate native species of water conserving trees and shrubs. All landscaping and planting plans shall be submitted to the Community Development Department and Public Works Division for review and approval prior to issuance of any building permits. These plans shall include all on-site landscaping specifications and details (i.e. species list, irrigation plans, soil preparation methods, etc.).

Page 4 of 18 ends

LR-2 Street trees shall be approved by the City and shall be incorporated into the landscaping of the units. One (1) fifteen (15) gallon size tree shall be utilized for each lot. Two (2) trees shall be required for corner lots. The street trees are the responsibility of the future homeowner and may not be removed without approval of the Community Development Department. Subsequent replacement shall be at the expense of the future homeowner.

LR-3 The applicant shall be required to design, install, and maintain all irrigation and landscaping that is required within the public right of way or public area until such time as a Lighting and Landscape District is functional. This may take up to one (1) after the establishment of and acceptance of the improvements.

LR-4 The applicant shall, at their own cost, be required to join Landscape and Lighting Maintenance District No. 2 concurrently with the recordation of the final map or prior to the issuance of the first building permit – excepting City of Arvin approved model homes for the land division.

FLOOD PLAIN MANAGEMENT, DRAINAGE and BEST MANAGEMENT PRACTICES:

FPM-D&BMP-1 Floodplain Management – Chapter 15.32. The project is located within FEMA FLOOD HAZARD which has a 1 percent annual chance flood shallow flooding. The project shall be required to meet the requirements of Section 15.32.170(C ) and (D). Prior to the issuance of the Certificate of Occupancy by the Building Official a Flood Certification shall be provided. (Attachment 3 – Chapter 15.32 Floodplain Management)
FPM-D&BMP-2 Water Drainage - Prior to the issuance of any grading or building permits, a plan for the disposal of drainage waters originating on site and from adjacent road rights of way shall be approved by the City Engineer. Easements or grant deed shall be given to the city for drainage purposes or access thereto, as necessary. Grading and Drainage plans shall be submitted to the City Engineer for review and approval. Site drainage on to or into the public right-of-way is not permitted. On-site retention is required when the City’s storm drainage system is not available.

FPM-D&BMP-3 Dust Control plans must be provided, as required by the San Joaquin Air District.

The applicant shall submit final BMP program for review and approval to the City Engineer prior to site disturbance.

FPM-D&BMP-4 Developer shall comply with applicable construction storm water requirements as required by the California Water Board. A Stormwater Pollution Prevention Plan (SWPPP) may be required. Developer should retain the services of a Qualified SWPPP Developer (QSD) to make such determinations. Developer must provide a Board-approved plan and a Water Discharger Identification (WDID) number (or approved erosivity waver) to the City prior to commencing construction.

FPM-D&BMP-5. Developer must apply for and obtain a grading permit from the City prior to any on-site or off- site grading.

Page 5 of 18 ends

-
FPM-D&BMP-6. Developer shall comply with Arvin Municipal Code Chapter 15.32 regarding floodplain requirements and shall provide the floodplain administrator for the City all required plans, forms, and information. This may have implications on the building plans, and may require the elevation of existing structures or modifying the existing structure such that it is flood resistant (i.e. “flood proof” or “water tight”).

LANDSCAPE AND IRRIGATION TO BE INCOMPLIANCE WITH 23 CA ADC § 490 CALIFORNIA CODE OF REGULATIONS TITLE 23. WATERS, DIVISION 2.

DEPARTMENT OF WATER RESOURCES, CHAPTER 2.7. MODEL WATER EFFICIENT LANDSCAPE ORDINANCE AND TITLE 15 BUILDING
L&I–1 The Applicant shall pay all fees and join a governing Landscape Lighting Maintenance District (LLMD) and/or establish a community facility district (CFD) as follows:
a. At the written request of Applicant, the City will reasonably cooperate with Applicant, at no cost or expense to the City, in the establishment of a LLMD or CFD encompassing the Project area to assist in the financing of certain off-site improvements and exactions related to the Project.
b. In the alternative, upon request by the City, Applicant i) agrees to join a Landscape and Lighting District or annex to the same; and ii) agrees to become part of a Community Facility District, under the Mello-Roos Community Facilities Act, or equivalent mechanism to address services such as fire, police, storm drainage maintenance, road infrastructure maintenance, or similar services, and agrees to annex or join the same.

Applicant shall be solely responsible for paying its proportionate cost for services associated with the same, including i) any costs of formation or annexation, including those incurred by the City; and ii) costs required by participants in said District(s).

FLOOD PREVENTION (FP)
FP-1 The entire subdivision is within the Flood Insurance Rate Map Zone X. Improvements to comply with the requirements of the Arvin Municipal Code Title 15.32 Floodplain Management for development in an X zone.

FEE REQUIREMENTS (FR)
FR-1 The project shall be subject to those fees as established by the City of Arvin.

FR-2 All fees due and payable to the City of Arvin shall be paid prior to recording of the final map unless a separate agreement is approved by the City Manager. In addition, there may be other items required in order to satisfy conditions of the map such as performance bonds and certificates of deposit to guarantee improvements, or payments as may be required by the conditions of approval.

Page 6 of 18 ends

BUILDING DIVISION(BD)
BD-1 All construction shall comply with the most current Uniform Building Code, Plumbing Code, Mechanical Code and the California Electrical Code BD-2 The construction site shall provide on-site sanitary facilities.

BD-3 Building permits shall not be issued until clearance is received from the Kern County Fire Department and the Arvin Unified School Districts that impacts have been satisfied.

BD-4 Building permits shall not be issued until clearance is received the City of Arvin City Engineer and Community Development Department.

BUILDING PERMIT ISSUANCE REQUIREMENTS (BPIR)
BPIR-1 Each lot shall be tested, including at least one compaction test, by a soils engineer certifying at least 90% relative compaction prior to pouring of foundation. Test results to be provided to the Building Official. This shall be completed to the satisfaction of the Building Official or designated representative.

BPIR-2 A letter from a Licensed Land Surveyor certifying elevation of pads to the design engineer. The Engineer shall certify the pads conform to the grading plan in respect to drainage and grades. The report shall be provided to the Building Official prior to issuance of a building permit.

BPIR -3 All building, grading, excavation, shall be subject to Title 15 – Buildings and Construction code entire ordinance in effect and as may be amended from time to time.

School District Clearance (SDC)
SDC-1 Prior to issuance of any buildingpermits, the developer shall provide the City with evidence of agreement between the developer and affected school districts that school impacts have beenmitigated.

PUBLIC WORKS DEPARTMENT/CITY ENGINEER (PW/CE)
General Requirements
PW/CE-1 All properties shall be connected to the City of Arvin’s street, sewer, and storm drainage facilities. On-site storm water retention shall be designed and developed prior to the recording of the final map or appropriate bonding to ensure construction. Said stormwater retention basin shall be maintained through a Community Services District, to be established by the developer. The establishment of the CSD shall be in full force and effect prior to the issuance of building permits.

Page 7 of 18 ends

PW/CE-2 The applicant must submit a list of subcontractors to the Public Works Director/City Engineer and Building Division prior to start of any grading, excavation, or construction.

PW/CE-3 A note shall be placed on the Improvement Plans stating that:

The Subdivider shall indemnify, defend and hold harmless the City of Arvin it’s agents, officers and employees from any and all claims, actions or proceedings against the City of Arvin, its agents, officers and employees to attack, set aside, void or annul, any approval by the City of Arvin and its advisory agency, appeal board or a legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California.

The City of Arvin shall promptly notify the Subdivider of any claim or proceedings and shall cooperate fully in the defense. If the City fails to do so, the Subdivider shall not thereafter be responsible for defend, indemnify or hold the City harmless.

PW/CE-4 Developer and/or contractor shall meet the requirements of CAL-OSHA prior to construction.

PW/CE-5 Prior to installation of any improvements or beginning of any construction, the property owner shall:
a) Obtain an encroachment permit from the City Engineer and grading permit from the Building Division.
b) Submit evidence of liability insuracne with the City of Arvin being named as additoinal insured in the amount as required by the City of Arvin.

PW/CE-6 The following conditions must be addressed prior to the approval of a final map unless alternative arrangements are agreed to between the City and the subdivider such as a Development Agreement or other similar instrument which may require the subdivider to provide performance bonds for those proposed improvements within the public right-of-way.

An engineer's estimate must be filed with the final map for said improvements subject to bonding as required by title 16 of the Arvin Municipal code and any other applicable code sections.
1) Final map must be in the appropriate format and contain an acceptable title sheet as to be accepted by the Kern County Recorder and shall bear all necessary stamps and signatures.

All other applicable requirements of AMC title 16 (SUBDIVISIONS) and the Subdivision Map Act must be met.
2) Final map must show Irrevocable Offers of Dedications for the ultimate right-of-way for Tejon/Derby (110'), Sycamore (110'), and Malovich (60'). 3) As acknowledged by the applicant in the last round of comments, the subdivider will be required to obtain an access easement from the adjacent property owner for the 12 feet required to construct the half-width road proposed for Malovich Road. This easement must be shown on the final map or otherwise documented to the city prior to the approval of the final map.

Page 8 of 18 ends

4) The subdivider shall be required to improve the half width portions of the Derby/Tejon, Sycamore, and Malovich Roads prior to the approval of a final map. Said design shall necessitate the development of a detailed traffic study and geotechnical investigation provided to and approved by the City Engineer.
5) Provide an updated Will Serve letter from the Arvin Community Services District prior to approval of the final map.
6) Prior to the approval of a final map, unless otherwise agreed to and deferred by conditions contained in a Development Agreement or other similar instrument, pursuant to AMC

16.08.050, provide a narrative and or reports for the following:
a. Management of storm runoff. Only runoff from future dedicated streets may run to city storm drain basins.
b. Proposed use of each lot and the relative proportions of the total area of the subdivision proposed to be devoted to each use classification in acres. c. Other improvements proposed to be made or installed. d. The time when improvements are proposed to be made or installed. e. Description and location of community facilities which would serve the proposed subdivision (if any).
f. Minimum lot and average lot size.
g. A preliminary title report describing all right-of-way and easements to which the property to be subdivided is subject.
h. Preliminary reports from the telephone and electric utility companies which will serve this subdivision as to the approximate per lot costs for the provision of telephone and electric services by underground burial.
i. Reasons and justifications for any requested exceptions to the provisions of the city tract map requirements.
j. Copies of the deeds describing the properties being subdivided, and notations of any deed restrictions, if any.
k. Description of any special districts that the subdivision may be in. l. Letter requesting phasing if desired.
7) Prior to the approval of a final map, the subdivider shall be required to provide detailed Civil Site Development Plans (Civil Plans) and studies which demonstrate compliance with all applicable city ordinances, state and federal requirements, Kern County Fire Department development requirements, and any other authority with jurisdiction given the nature of the proposed development(s). Said plans and studies may be deferred as a condition of approval of a final map, if agreeable to the city as a requirement of an approved Development Agreement or similar instrument.
a. Given the nature of the existing land which has been used for agriculture for decades, the following requirements shall apply:
i. Any existing water wells must be completely removed and capped in compliance with applicable standards of the Kern County Public Health Department, State of California, EPA, or other AHJ.

Page 9 of 18 ends

ii. Any existing underground septic systems must be completely removed and capped in compliance with applicable standards of the Kern County Public Health Department, State of California, EPA, or other AI1J.
iii. All existing overhead utilities must be relocated underground as required by AMC

16.12.170.
iv. All existing above grade, at grade, or below grade improvements associated with agricultural activities must be removed within the proposed future public ROW (i.e. within the future roads and road widening areas). This shall include any existing underground irrigation pipes (regardless of material) and electrical conduits and conductors regardless of whether in operation or not. The subdivider shall provide for these removals on the Civil Plans to the satisfaction of the City Engineer.

GRADING (G)
G -1 A complete set of on and off-site grading, drainage, sewer and street improvements plans shall be prepared by a licensed Civil Engineer and submitted for reviewed and approved by the City Engineer prior to the final map being recorded.

G -2 As Built drawings shall be submitted to the City of Arvin prior to acceptance of the improvements. Erosion control measures shall be incorporated into the construction plans.

G-3 A soils report shall be prepared by a Registered Civil Engineer for the subdivision indicating suitability for construction, recommendations for pavement sections (including sufficient R-value), trenching and back-fill, grading, detention/retention basins and excavations.

The Registered Civil Engineer shall provide the City Engineer and Building Official with results of the soil sampling.

G-4 Each lot shall be tested, including at least one compaction test, by a soils engineer certifying at least 90% relative compaction prior to pouring of foundation. This shall be completed to the satisfaction of the Building Official or his representative.

G-5 Prior to the issuance of any building permits, the lot grades shall conform to the approved grading plan. A letter certifying the grades shall be provided to the City of Arvin Building Division from the design engineer.

G-6 An erosion control plan shall be submitted with the grading plan for approval by the City Engineer.

G -7 The applicant shall comply with the Regional Water Quality Control Board Construction General Permit Order 2009-0009 DWQ as amended by 2010-0014 DWQ and 2012-006 DWQ. If the project requires a SWPPP or Erosivity Wavier the applicant will provide a waste discharge identification (WDID) number on the cover sheet of the grading plan.

G-8 If the finished grade of any lot or the subdivision perimeter, is more than one (1) foot lower or higher than any adjoining lot, a masonry block wall shall be constructed.

Page 10 of 18 ends

G-9 Prior to the issuance of grading permits, the plans and specifications shall include reference and conformance to the SJVUAPCD dust control measures and shall be subject to District Regulation VIII, Rule 8010, 8020, 8030, 8060 and 8070 of Regulation VII. The following notes(s) shall appear on all grading plans:

1. During grading operations, the applicant for a grading permit shall be responsible for the application of water to development sites to mitigate the impact of dust and PM10 (particulate) emissions. Spraying water should be sufficient to ensure that soils remain damp, with the frequency of spraying dependent on weather conditions.

2. During grading operations, all activity shall be restricted to periods of low wind to reduce dust emissions.

3. Construction speed limits will be posted at fifteen miles per hour (15 mph).

4. The applicant is prohibited from using any equipment producing noise of sufficient volume to disturb the sleep or repose of occupants of the neighboring property between 10:00 p.m. and 7:00 a.m. (AMC §12.04.200)
G-10 A grading plan shall show that the lowest finished floor elevation within the subdivision will be at least 12-inches above the gutter elevation. The maximum elevation of the storm drainage hydraulic grade line and the detention basin shall be 12-inches below the gutter line for a 50-year storm.

G-11 Unless otherwise approved, all residential lots shall drain to the to the public street and shall be collected in a public storm drain system
G-12 Drainage swales shall not occur along the common lot lines and must be contained within each lot.

STREETS (STREETS)
Streets-1 Street name signs and traffic regulatory signs shall be provided by the Subdivider as required by the City Engineer and Community Development Director. No public traffic shall be allowed on streets until regulatory signs are in place and the street improvement punch list has been signed off by the City Engineer.

Streets-2 All roads shall be designed and constructed in conformance with the City Standards and any approved alterations thereto.

Streets-3 An approved all weather fire access road with adequate turning radius shall be provided prior to building construction. Approval shall be by the City Engineer and Kern County Fire District.

Streets-4 All existing and new utilities shall be placed underground and located in easements or rights-of-way. The utility companies must be consulted as to the location of the under grounding of existing and new utilities. The required easements shall be shown on the final map.

Streets-5 Traffic Striping shall be thermo plastic.

Page 11 of 18 ends

Streets-6 The developer shall contract with a street sweeping company to keep the streets clean. The sweeper shall sweep the streets once per week at a minimum until the city has determined that all construction work is complete. Regularly scheduled street sweeping operations and costs shall be off set through a Community Services District, to be established by the developer. The establishment of the CSD shall be in full force and effect prior to the issuance of building permits. Upon approval of the City Engineer, once per week street sweeping schedule may be adjusted based upon condition of the streets and requirements of the SWPPP and the Dust Control Plan.

Streets-7 All existing and new streets shall be improved to City of Arvin Standards. Should right of way not be obtained by the developer, the City of Arvin shall, in accordance with the provisions of the Subdivision Map Act, begin eminent domain proceedings, at the sole expense of the developer, if needed.

Streets-8 The Developer may request that a Benefit Assessment District be formed to recapture the cost of off-site road and utility improvements. The formation of the Benefit Assessment District shall be at the sole cost of the developer and said costs may be included in the repayment.

Streets-9 All streets shall be improved with curb, gutter, sidewalk and pavement as required by the City of Arvin Standards.

Streets-10 Two-point access shall be implemented and improved per City Standards for all streets in length of 700 feet and/or designed to future road extension connecting to an established and/or planned dedicated street.

Streets-11 All construction plans shall be submitted to the City Engineer for review and approval prior to construction. All utilities to be constructed within the onsite and offsite shall be installed prior to pavement placement.

Streets-12 Dedication of right-of-way and utility easements: All dedications for public rightof-way and utility easements shall be shown on the final map in accordance with the City of Arvin’s Circulation Element and Standards and in compliance with the Water Element design concepts.

1. External Streets:
a. Tejon Highway (South Derby Road), and East Sycamore Road are classified as Minor Arterial which requires a right-of-way dedication of 110 to 140 feet in width and is designated as a 4-lane divided arterial roadway and Class 1 Facility or path. Bike paths, Class I facility are typically multi-use paths that occur along a separate right-of- way.

The design of the street shall include the requirements of Circulation Element. b. Mallovich Road is designated as a Collector which requires a right-of-way dedication of 90 feet and a Class II Facility – on-street bike lane provided with striping and markings to delineate bicyclist right-of-way along streets. Collectors should have 2 through lanes of trave, typically do not require a divider, turn lanes should be provided at intersections with arterials. The design of the street shall include the requirements of Circulation Element.

Page 12 of 18 ends

2. Internal Streets: Local Roadways: The VTM 7385 proposes two internal streets – Local Roadways which requires a minimum of 60’-0” right-of-way. a. The map identifies a proposed private easement 30’-0” wide and a 40’-0” setback from the proposed property lines that separate the Lots 1 and 2 from lots 3 and 4. Section

16.12.020 Vehicular access requires that each lot or parcel or subdivision shall be provided with vehicular access to a Street or highway improved and maintained by a public agency, connecting thereto directly or indirectly by means of access which has been approved by the City Council. In addition, a stubbed street must have a minimum radius of fifty (50) feet with a curb radius of forty (40) feet.

The proposed private easement is not permitted and must be redesigned to meet the local road standards and turn around per city code.

The map identifies Local Road with a 60’-0” right-of-way on the southern portion of Lots 8 and 9 with the proposed road continuing along Lots 9, 10, and 11 ending in a cul-de-sac. Implementation of one mitigation measures adopted in conjunction with the approval of the General Plan Amendment and Rezoning required that vehicular access be provided to the adjacent property to the east.

Staff is recommending that the proposed street on the southern portion of Lots 8,9,10, and 11 be redesigned to create a connection to the easterly property. This will modify the proposed design of the southerly Local Road. It is also recommended that portion of the southern street be designed to accommodate a ¾ of the Local Road width with curb, gutter, and sidewalk on the northern portion of the street and travel lanes. The applicant is to coordinate the alternative design of the Local Street to meet this modification. The logic being that the property to the south is currently in Kern County jurisdiction but is within the City of Arvin’s Sphere of Influence. This property will most likely be annexed to the City and this road design will accommodate future traffic connectivity to the development of property to the south and create a east to west street connection with Tejon Highway (South Derby Street) and Malovich Road.

3. Street Names: Street names are to be presented to the City Council on the tentative map. a. No Street name is proposed on the Local Street separating Lots 1, 2 from 3 and 4.

Street name shall be presented for approval by the City Council on the final map. b. Street name proposed for the southerly Local Road is Pawan Street and Gagan Court.

These names have not been vetted by the City to ensure that they do not create duplication nor conflict with other street names in the City. c. The redesign of the proposed street and cul-de-sac will require modification of the proposed street names and will be required at submittal of the final map to the City Council.

WATER (WATER)
Water-1 The water system shall be designed and constructed in conformance with the Arvin

Page 13 of 18 ends

Community Service District’s Standards and their Water System Master Plan and any approved alterations thereto. Design and construction is subject to review and approval of the Arvin Community Services District. Two copies of approved water plans to be provided to the City Engineer.

Water-2 An approved water system including fire hydrants capable of supplying the required fire flow for fire protection shall be provided prior to building construction. Approval shall be by the City Engineer and Kern County Fire District.

Water-3 An approved water supply capable of supplying the domestic flow, in accordance with Title 22 of the State of California, and required fire flow for fire protection shall be provided prior to construction of any structures.

Water-4 All existing water wells shall be accurately located on the site plan. All water wells shall be destroyed in accordance with the requirements of the Kern County Public Health Services Department/ Environmental Health Division.

Water-5 Arvin Community Services District must provide a Will Serve letter prior to the recording of the final map.

SANITARY SEWER (SS)
SS-1 The sanitary sewer system shall be designed and constructed in conformance with the City Standards, and the City Sewer Master Plan and any approved alterations thereto.

STORM DRAINAGE (SD)
SD-1 The storm system shall be designed and constructed in conformance with the City Standards, the City’s Storm System Master Plan and any approved alterations thereto. The storm drainage system shall be designed to handle the runoff from a ten (10) year storm. On-site retention for the subdivision shall be designed and approved by the City Engineer prior to issuance of building permits. Maintenance of the Stormwater drainage system shall be funded by a Community Services District as established by the developer.

UNIFIED AIR POLLUTION CONTROL DISTRICT (UAPCD)
UAPCD-1 The project sponsor will be required to meet with the “District” staff and comply with the Districts’ Permit Requirements prior to construction activities. Clearance shall be required prior to issuance of grading permits or building permits.

UAPCD-2 If fireplaces are proposed, only natural gas fireplaces, EPA-certified wood burning fireplace/stoves or pellet fueled heaters should be installed.

UAPCD-3 If transit service is available to the project site, improvements should be made to encourage residents to use it. If transit service is not currently available, but is planned for the future, appropriate easements should be reserved to provide for future improvements such as bus turnouts, loading areas and shelters. Prior to the issuance of the final map, appropriate bus turnouts shall be approved by the City Engineer.

Page 14 of 18 ends

UAPCD-4 Sidewalks and bike paths should be installed throughout as much of the project as possible and should be connected to any nearby open space areas, parks, schools, commercial areas, etc.

UAPCD-5 Energy efficient design including automated control system for heating/air conditioning and energy efficiency beyond Title 25 requirements, lighting controls and energyefficient lighting in buildings increased insulation beyond Title 24 requirements and light-colored roof materials to reflect heat.

UAPCD-6 Natural gas lines and electrical outlets should be installed in patio areas to encourage the use of gas barbecues and electric yard tools.

UAPCD-7 Provide low nitrogen oxide (Nox) emitting and/or high efficiency water heaters.

UTILITIES (U)
U-1 Prior to the issuance of any building permits all existing non-public facilities and/or utilities, that do not have a lawful authority to occupy the road right-of-way be relocated on private property unless there is a lawful right for them to remain in the public right-of-way.

U-2 All utility distribution facilities and lines within the interior of the subdivision shall be installed underground except transformers, pedestals, or similar structures.

U-3 All existing overhead and new utilities in the interior and exterior of the subdivision shall be under grounded at the sole cost of the project sponsor.

U-4 A 10' PUE shall be provided in all street frontages or as required by the various utility companies.

U-5 Prior to recording Final Map, clearance from utility companies shall be required.

KERN COUNTY FIRE DISTRICT (KCFPD)
KCFPD-1 Project shall comply with the current California Fire Code requirements.

KCFPD-2 An approved water supply (fire hydrants) capable of supplying the required fire flow for fire protection shall be provided prior to construction.

KCFPD-3 Fire flows and fire protection systems shall be as required and approved by the Kern County Fire Department. Prior to the issuance of a building permit, emergency access and fire protection facilities shall be approved in accordance with the requirements of the Kern County Fire Department/Fire Prevention Unit.

KCFPD-4 Initial review by KCFPD, that all new construction will require fire water flowing at a minimum of 1,500 GPM for 2 Hours with 20 PSI residual. All fire access roads to each parcel must meet specifications set forth in Section 503.2 of the California Fire Code and the applicable

Page 15 of 18 ends

Appendix and Ordinance sections. A more detailed review and project comments will be conducted when the building permits are submitted to KCFD.

NOTIFICATION TO PROPERTY OWNERS - RIGHT TO FARM (RF)-INDUSTRIAL NOISE:

RF – 1 This project shall be subject to the provisions of Kern County and Arvin's Right to Farm ordinance. Residential development and future occupants shall be properly noticed that the area may be exposed to agricultural activities which may result in land preparation for planting, harvesting, and insecticide treatments.

IN – 1. Residential development shall be properly noticed that the area may be exposed to industrial noise. Residential development and future occupants shall be properly noticed that the area may be exposed to industrial noise which may result in heavy truck traffic and noise from the industrial operations.

CALIFORNIA HISTORICAL RESOURCES INFORMATION SYSTEM -

ARCHEOLOGICAL AND HISTORICAL (CHR)
CHR-1The City of Arvin General Plan has not identify any resources of archaeological significance identified on the site.

CHR-2 The following note shall be placed on the final map, grading and improvement plans. If during the course of project-related activities, unknown archaeological or cultural resources are discovered, work shall be stopped in the immediate vicinity. A qualified archaeologist shall be contacted to evaluate the find. A copy of the archaeologist’s evaluation shall be submitted to the City of Arvin Community Development Department and any measures recommended by the archeologist shall be implemented prior to resumption of the work in the area.

POSTAL SERVICE (PS)
Effective July 1, 2002, the United State Postal Service is no longer responsible for the purchase and installation of centralized box units (CBU’s) in new construction areas. Single family home development with six (6) or more lots must have mail receptacles provided by the building or developer before mail delivery service can begin. The following provides the general requirements:

PS-1 The Subdivider shall confer with the local postal authorities to discuss the recommended method of mail delivery service. Upon completion of a Mode of Delivery Agreement, the developer must provide a project map to the local postmaster.

PS-2 The location of such units shall be approved by the local Postmaster and the City Engineer.

Placement of the units shall not be obstructive pedestrian movement along the sidewalks.

PS-3 The postmaster will review the map, group the address that will be assigned to each centralized box unit and designate a place for installation. The centralized delivery map plan will be returned to the developer as a guide for pouring cement pads and installing the units.

Page 16 of 18 ends

PS-4 After installation, please notify the local post office so that the arrow lock can be installed and the compartments can be labeled. The keys for each unit will be distributed to the homeowner by the developer’s sales office or arrangements can be made to have the keys issued by the local post office.

STATE OF CALIFORNINA – DIVISION OF OIL, GAS AND GEOTHERMAL, DISTRICT 4 (OGD4)
OGD4-1 The following note shall appear on the final map and all grading and improvement plans: The Department of Conservation/Division of Oil and Gas and Geothermal Resources has identified no active or known abandoned wells within the project site; however should any plugged, abandon or unrecorded well(s) be uncovered or damaged during grading and construction actives, the Department of Conservation/Division of Oil and Gas and Geothermal Resources shall be contacted to inspect and approve any remediation required.

FINAL MAP REQUIREMENTS (FMR)
FMR-1 The final map proposed to be recorded shall be in substantial conformance with the approved vesting tentative map. As noted in the conditions of approval, proposed interior Local Roadways are to be redesigned to meet the condition of approval.

FMR-2 The following conditions shall be satisfied prior to recordation:

1. In accordance with section 66465 of the Subdivision Map Act, a title guarantee dated within 30 days of recordation of the Tract Map shall be submitted to the City Engineer.

2. In accordance with Sections 66464, 66492 and 66493 of the Subdivision Map Act, a Tax Collectors Certificate, Assessors Tax Estimate, and security (if necessary) shall be submitted to the City Engineer prior to recordation of the final map.

3. The tract map must contain an owners’ statement, signed and acknowledged by all persons having right, title or interest in and to the property being divided. A request for wavier of signatures of parties owning rights -of -way, easements, or interests which cannot ripen into fee must also accompany the final map in accordance with Section 66445 (f) of the Subdivision Map Act. Owner’s statement may be recorded on a separate document rather than appear on the map, provided the recording information appears on the map.

4. In accordance with Section 66436 (A)(i) of the Subdivision Map Act, any public entity or public utility owning rights-of-way, easements, or other interests which cannot ripen into fee must be advised by certified mail of the division of the property.

The City Engineer will require a letter from these parties stating that the development will not unreasonably interfere with the free and complete exercise of the right-ofway or easement within the boundaries of this development.

5. The final tract map shall show all existing easements of record on the map.

6. In accordance of Section 66434.2 of the Subdivision Map Act, Information required by the conditions of approval shall be in the form of an additional map sheet.

FMR-3 Street names have been proposed and may be subject to change based upon the interior street redesign and addressing shall be assigned prior to or concurrent with the recording of the final map.

Page 17 of 18 ends

FMR-4 The following requirement(s) shall appear as a note(s) on the final map:

All easements shall be kept open, clear and free from buildings and structures of any kind. All obstructions, including utility poles and lines, trees, pole signs, fences, or similar obstructions, shall be removed from the ultimate road right-of-way. Compliance with this requirement is the responsibility of the applicant and may result in significant financial expenditures.

FMR-5 Prior to recording Final Map, clearance from utility companies shall be required.

FMR-6 Prior to recording the Final Map, a Will Serve Letter shall be issued for the land development.

FMR-7 Prior to issuance of building permits the applicant shall provide too the City of Arvin Engineer two (2) copies of the final map. Two hard copies and a flash drive in Auto-Cad format.

FMR-8 The Final Map shall include the following Certificate:

PLANNING COMMISSION CERTIFICATE
This is to certify that this final map subsequently conforms to the tentative map recommended by the Planning Commission at a duly authorized meeting held on the November 15, 2022 and approved by the City Council at a duly authorized meeting held on the ___th day of _______ 2022.

Secretary of the Planning Commission
CITY CLERK’S STATEMENT
I, Cecilia Vela, City Clerk of the City Council of the City of Arvin, State of California, do hereby certify that the herein embodied map entitled, “Tract Map 7385, City of Arvin, Kern County, California”, was presented to the City Council of the City of Arvin at a regular meeting thereof held on _______day of _________, 2022 and that said Council there upon, by Resolution Number _____________, conditionally approved said map.

In Witness Hereof, I have hereinto, set my hand this _____day of _______ “Month”, ______”Year”.
_________________________________________________
Cecilia Vela
City Clerk and Clerk of the Council
of the City of Arvin, State of California
FMR-9 The final map for each phase shall be prepared in accordance with the State Subdivision Map Act and local ordinances.

FMR-10 A Current title report (less than 90 days old) shall be submitted with the final map.

The title report shall include entire legal boundary of property being subdivided.

Page 18 of 18 ends

FMR-11 Closure calculations shall be submitted at the time of initial map check submittal. All calculated points within the map shall be based upon one common set of coordinates. All information shown on the map shall be directly verifiable by information shown on the closure calculation printout. The points of beginning shall be clearly defined, and lot areas shall be shown and verifiable from information shown on the closure calculation printout. The area of each lot shall be indicated on the final map in square feet.

FMR-12 The Subdivider shall pay all applicable taxes, fees and charges at the rate and amount in effect at the time such taxes, fees and charges become due and payable FMR-13 For each phase of this project, the Subdivider shall enter into a separate subdivision improvement agreement with the City provide an engineer’s estimate for public improvements with a 20% contingency approved by the City Engineer, provide securities for faithful performance and labor and material as required by the State Subdivision Map Act and City of Arvin base on 100% of the engineer’s estimate, and pay all appropriate fees at the time that such fees are due and payable.

FMR-14 The subdivider shall dedicate or cause to dedicate appropriate easements for proposed City maintained facilities if such facilities are located outside of City right-of-way.

FMR-15 The subdivider shall be _required to obtain all necessary permits from all agencies having jurisdiction over property being developed.

FMR-16 A final map shall be prepared by a licensed land surveyor or engineer in conformance with the requirements of the City and the Subdivision Map Act.

FMR-17 If multiple maps are recorded a “phasing plan” showing all necessary infrastructure shall be prepared and approved by the Community Development Director and City Engineer.

FMR-18 If multiple final maps are recorded a Master Plan shall be prepared and approved by the City showing the ultimate concept for grading, storm drainage, water systems, sanitary sewer, circulation and lotting.

FMR-19 Street monuments shall be set at all intersections, beginning and ends of curves, at all changes in horizontal alignment and in all cul-de-sacs.

FMR-20 The roads, easements, rights of way and public lands shall be offered for dedication to the City of Arvin, if any, on the final map.

FMR-21 A permanent survey marker shall be set at all lot corners FMR-22 All phasing shall have improved irrevocable offer of dedication and rights of-way on and off-site, meeting City Standards necessary to serve that phase(s).

END

6.A.7
Attachment: Att 4 - 2022-70 Reso Approving VTM 7385 Bisla_121322_Redacted (Vesting Tract Map No. 7358 Bisla Farms) Addendum - Mitigated Negative
Declaration
Project Description:

VTM 7385 – Implementation of General
Plan Amendment and Zone Change
Attach to Original Notice of Determination and
Place in File :

City of Arvin
141 Plumtree Drive
Arvin, CA 93203

PLACED IN PROJECT FILE , INITIAL STUDY AND

NOTICE OF DETERMINATION FILED WITH THE

COUNTY CLERK KERN COUNTY
SUBJECT: Addendum to Adopted Mitigated Negative Declaration for VTM 7385 Southeast Corner of Tejon Hwy (South Derby Street) and East Sycamore Road by the City of Arvin City Council on November 12, 2019. Pursuant to Title 14, Division 5, Chapter 3, Article 7, Sections 15162 and 15164.

Project Title/ Project Description: Vesting Tentative Map 7385: Proposed land division of two existing parcels, Assessor Parcel Map 189-352-02 and 189-352-08 consisting of 61.62 +/- Gross Acres into 4 commercial parcels (Lots 1-4) Approximately 1.64 Acres each; 3 industrial parcels (Lots 5, 6, and 7) approximately 10.5 Acres each; 2 Medium Density parcels (lots 8 and ) approximately 6 acres each, and 1 parcel High Density Residential (lots 10 and 11) approximately 3.5 acres each.

Improvements associated with the tentative map include but not limited to frontage improvements along the south side of East Sycamore Road, east side of South Derby Street (Tejon Highway) and west side of Malovich Road. Extension of water and sewer utilities, undergrounding of electrical service, storm drainage design and retention. New interior road system for the new created parcel and adjoining parcel to the east.

State Clearinghouse Number (if Submitted to Clearinghouse): N/A Contact Person: Jake Raper – Contract Planner
Project Location: City of Arvin, Kern County. Project site is located at the Southeast corner of Tejon Highway (South Derby Street) and East Sycamore Road. Assessor Parcel Map 189-352-02 and 189-352-08 consisting of 61.62 +/- Gross Acres
Applicant/Property Owner: Onkar S. Bisla, 4215 Waterfall Canyon Dr., Bakersfield, CA 93313- email address: [email protected]
This is to advise that the City of Arvin, Planning Commission and City Council has considered and approves the Addendum to the previously Adopted Mitigated Negative Declaration prior to taking action on the Vesting Tentative Map. The Addendum is attached to the Initial Study and the Notice of Determination and is on file at the Community Development Department. The following findings and determinations regarding the above-described project:

1. The Vesting Tentative Map 7385 project herein described complies with the criteria established by Sections 15162 and 15164(b) and that the Addendum adequately addresses the environmental impacts as previously analyzed in the Initial Study and by the Adopted Mitigated Negative

6.A.7
Attachment: Att 4 - 2022-70 Reso Approving VTM 7385 Bisla_121322_Redacted (Vesting Tract Map No. 7358 Bisla Farms) Declaration dated October 22, 2019 – Resolution No. 2019-84 and Filed with the Kern County Clerk office; and

2. The Addendum is hereby accepted as the appropriate environmental document for the proposed project; and

3. The Addendum is to be attached to the Initial Study and the Notice of Determination for Adopted Negative Declaration filed with the Kern County Clerk office and to be placed in the project file.

4. No public notice is required for the adoption of the Addendum per Section 15164 ( c ); and

5. The Planning Commission considered the Addendum at a public hearing on Tuesday, November 15, 2022, at 6:00 P.M .

Jake Raper- Contract Planner
City of Arvin
Kern County, State of California
BY:

SIGNATURE
Note: A copy of this Addendum to the Mitigated Negative Declaration may be reviewed or obtained during normal working hours at the City of Arvin, Community Development Department at 141 Plumtree Drive, Arvin, CA 93203. The Mitigated Negative Declaration includes an Initial Study on file at the Community Development Department.

6.A.7
Attachment: Att 4 - 2022-70 Reso Approving VTM 7385 Bisla_121322_Redacted (Vesting Tract Map No. 7358 Bisla Farms)

LAV//PINNACLE
Consulting & Engineering Services
12418 Rosedale Highway, Suite B
Bakersfield, CA 93312
Mailing: 13061 Rosedale Highway, Suite G 199
Phone: 661-869-0184
To: Mr. Jake Raper
City of Arvin, Planning Division
161 Plumtree Drive
Arvin, CA 93202
Date: November 13, 2024
Project No.: 10-457
Re: TTM 7385 Extension Request
We are sending you the following enclosures:

No. Type Description
1 Doc Letter Requesting Extension for Tentative Tract No. 7385 1 Check Fees in the amount of $1,500 (Check #5127)
These are transmitted as checked below:

Mr. Raper,
Pursuant to your request, enclosed please find the request for Extension of Tentative Tract Map No. 7385 and fees in the amount of $1,500.00.

If there is anything else you need to process this request, please let us know.

Sincerely,
If enclosures are not as noted, kindly notify us at once.

For Approval For Your Use For Review/Comment As Requested Other Alyssa Allen

6.A.8
Attachment: Att 5 - Request for Time Extentsion VTM 7358_Redacted (Vesting Tract Map No. 7358 Bisla Farms)

LAV//PINNACLE
Consulting & Engineering Services
Planning – Engineering – Surveying – Project Management Mr. Jake Raper November 13, 2024
City of Arvin, Planning
Division 161 Plumtree Drive
Arvin, CA 93202
RE: Map Extension Request for Vesting Tentative Tract Map No. 7385 Dear Mr. Raper,
This letter is being submitted to request an Extension of Time for Vesting Tentative Tract Map No. 7385 for a period of twelve (12) months as noted in your letter dated September 5, 2024.

Enclosed please find the filing fees for the extension in the amount of $1,500. If there is anything else you need to process this request, please let us know.

Sincerely,
1 | P a g e
12418 Rosedale Highway, Suite B, Bakersfield, CA 93312 – Ph:
661.869.0184 Mailing Address: 13061 Rosedale Hwy., Suite G-199, Bakersfield, CA 93314
Alyssa Allen

6.A.8
Attachment: Att 5 - Request for Time Extentsion VTM 7358_Redacted (Vesting Tract Map No. 7358 Bisla Farms)

CITY OF ARVIN
Staff Report
Meeting Date: January 28, 2025
TO: Arvin City Council
FROM: Jeff Jones, City Manager
SUBJECT: Consideration and Adoption of a resolution of the City Council of the City of Arvin declaring five (5) public works vehicles as surplus and authorizing the City Manager to sell the same.

RECOMMENDATION
Staff recommends that the City Council declare the equipment listed below, titled as surplus items, as surplus and authorize its sale pursuant to the procedures set forth in Arvin Municipal Code section 3.08.110.

BACKGROUND
Arvin Municipal Code section 3.08.110 specifies that current department heads of the city shall submit reports showing surplus stock, materials, and equipment. When it is found by the City Council that such materials owned by the City are not needed for use by any city department, the Council may declare such materials as surplus and authorize the sale thereof and proceeds from any such sale shall be deposited into City treasury.

Removal of these items from the City’s Public Works yard complex will assist in providing additional space needed to store other items and with the general housekeeping and maintenance of the areas.

The following vehicles and equipment are to be sold as surplus in their current operational condition, which is considered to be poor for all vehicles.

Unit Make and Model VIN # / Serial # License # Miles
316 2001 Ford F-150 1FTRF17W11NB53402 1100161 96,179
317 2001 Ford F-350 1FDWF36L51EB56074 1100162 82,778
318 2003 Ford F-150 1FTRF172X3KB15281 1130773 67,319
319 2003 Ford F-150 1FTRF17213KB15279 1130774 66,431
320 2003 Ford F-150 1FTRF17283KB15280 1130775 51,008
If the City Council determines that these items are surplus and authorizes their sale, City intends to sell them at auction to the highest bidder.

FINANCIAL IMPACT
No financial impact. All proceeds to be deposited into the City’s General Fund.

6.B.1
Attachment: 1. Staff Report - PW Surplus Vehicles_012825 (Declaring 5 Public Works Vehicles as Surplus) Reso Approving Sale of Vehicles and Equipment Declared as Surplus – Jan 28, 2025 RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

APPROVING THE SALE OF EQUIPMENT DECLARED AS SURPLUS
WHEREAS, Arvin Municipal Code (AMC) Section 3.08.110 (Surplus property-Sale or other disposal) establishes a procedure to declare equipment surplus; and WHEREAS, AMC Section 3.08.110 (A) states that all department heads of the city shall submit to the city council at such times, and in such form as may be prescribed, reports showing stock, materials, equipment and any real property on hand not then in use in said department.

When a surplus of stock, materials, equipment, or real property exists in any department, the city council may transfer the same to any other department having a need for such stock or any portion thereof on approval of the city council or its designated official; and WHEREAS, AMC Section 3.08.110 (B) states, when it is found by the city council that stock, materials, equipment, or real property exists which is not needed for use by any city department, the city council may authorize the sale thereof, and the proceeds from any such sale or sales shall be deposited in the city treasury; and
WHEREAS, AMC Section 3.08.110 (C) states, upon the city council's finding and authorization of the sale of surplus stock, materials, equipment, or real property, the city manager may take whatever steps necessary to obtain the highest price in exchange for the sale of the surplus stock, materials, equipment, or real property. The determination of the highest price that will be most favorable to the city will be made by the city manager, within his/her sole discretion. The city manager may thereafter enter into and complete the sale of the surplus stock, materials, equipment, or real property on behalf of the city; and WHEREAS, the Public Works vehicles are no longer in use and are surplus:

Unit Make and Model VIN # / Serial # License # Miles
316 2001 Ford F-150 1FTRF17W11NB53402 1100161 96,179
317 2001 Ford F-350 1FDWF36L51EB59074 1100162 82,778
318 2003 Ford F-150 1FTRF172X3KB15281 1130773 67,319
319 2003 Ford F-150 1FTRF17213KB15279 1130774 66.431
320 2003 Ford F-150 1FTRF17283KB15280 1130775 51,008
//////
//////
//////
//////
//////

1. The above recitals are true and correct.

2. The City Council of the City of Arvin hereby declares the above-described vehicles are surplus and authorizes their sale by the city manager.

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

4. The City Council provides the City Manager with authority to dispose of/sell the surplus property at auction.

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 28th day of January 2025 by the following vote:

AYES: _____
NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA CALDERON, Mayor
APPROVED AS TO FORM:

By:

NATHAN HODGES, City Attorney
Hodges Law Group

6.B.2
Attachment: 2. Reso - PW Surplus Vehicles_012825 (Declaring 5 Public Works Vehicles as Surplus) Reso Approving Sale of Vehicles and Equipment Declared as Surplus – Jan 28, 2025 I, ______________________________, City Clerk of the City of Arvin, California, DO HEREBY CERTIFY that the foregoing is a true and accurate copy of the Resolution passed and adopted by the City Council of the City of Arvin on the date and by the vote indicated herein.

6.B.2
Attachment: 2. Reso - PW Surplus Vehicles_012825 (Declaring 5 Public Works Vehicles as Surplus)

CITY OF ARVIN
Staff Report
Meeting Date: January 28, 2025
TO: Arvin City Council
FROM: Jeff Jones, City Manager/Finance Director
SUBJECT: Approval of A Resolution of the City Council of the City of Arvin To Authorize the Mayor and/or City Manager to Enter Into A Contract with Diamond IT in an amount not to exceed $99,015.84 for the Purchase of Dell Power Edge R650 Server, DELL ME-5012 Storage Array, Related Software and Installation Charges, and Financing of the same.

BACKGROUND:

The City of Arvin has established a program where continuity of computer resources (servers) is maintained.

The average life of a server is 5 years. The servers in the police department were purchased in 2019 and are now at the end-of-life cycle. It is difficult or impossible to purchase extended warranties for servers that have reached end of life.

Servers that have reached the end of their life run the risk of failure. Such failure will then jeopardize the City’s key data along with productivity of City staff.

City staff has identified Diamond IT as the vendor for this purchase. Diamond IT currently is under contract by the City for its routine Information Technology (IT) services.

The City has obtained a quote from Diamond IT for the proposed sale to the City of Dell Power Edge Server R-650, Dell ME 5012 Storage Array, and related software and installation charges for the amount of $99,015.84. The quote is included as Exhibit “A” to the attached proposed resolution and provides further details regarding the servers and related equipment and services that the City is considering purchasing. The cost of the servers, related hardware, support software and installation labor for the 2019 server project was $87,109.26.

To preserve cash and provide for budgeting to the five-year replacement cycle, the Finance Department is proposing to purchase the project over five years. The City is authorized to contract directly with Diamond IT for this purchase under Section 3.08.070 of the Arvin Municipal Code (AMC). The specific authority from the AMC is as follows:

3.08.070 (B)… Bidding or open market procedure may be dispensed with only when:
(6). Piggyback purchasing procedures, whereby the City has the ability to “piggyback” contracts for products and equipment, entered into by other governmental agencies (Municipality, County, or State) through a competitive bid. The Purchasing Division will obtain documentation to verify the contract and bid process. All products or equipment purchased under this provision

6.C.1
Attachment: 1. Staff Report - PD Server Purchase (Purchase - Dell Power Edge Server for Arvin Police Department) must substantially meet the technical specifications of the bid. Major deviations from the product specification will not be allowed. However, minor modifications which result in a price differential of five percent (5%) or less are authorized. Such contracts include, but are not limited to, contracts to purchase products and services under the California Multiple Award Schedules (CMAS) or Federal General Services Administration (GSA) contracts.

Diamond IT has established a California Multiple Award Schedule (“CMAS”), identified as CMAS contract number 3-21-10-1056, pertaining to the sale of Dell products to state and local government agencies, and has provided a copy to the City, which is included as Exhibit “B” to the attached proposed resolution. The City has confirmed that Diamond IT’s CMAS contract number 3-21-10-1056 authorizes the City to purchase the servers without engaging in further competitive bidding or open market procedures pursuant to the purchasing exception set forth in AMC 3.08.070 (B) (6) and applicable state law.

The proposed resolution would authorize the Mayor and/or City Manager to enter into an agreement with Diamond IT for an amount not to exceed $99,015.84 for the purchase of the two Dell Power Edge Servers, along with the required software and installation support for the servers, contingent upon negotiation to ensure the protection of the City’s best interests and the satisfaction of certain requirements set forth in the resolution.

FINANCIAL IMPACT:

The estimated cost for purchasing and installing the Power Edge Server, Storage Array, related software, and installation is $99,015.84. The expense is part of the continuity of needs five-year cycle for the City of Arvin’s information technology infrastructure and will continue to be an annual budgeted expense of approximately $20,000 per year during the next five years.

STAFF RECOMMENDATION:

Approval of A Resolution of the City Council of the City of Arvin To Authorize the Mayor and/or City Manager to Enter Into A Contract with Diamond IT in an amount not to exceed $99,015.84 for the Purchase of Dell Power Edge R650 Server, DELL ME-5012 Storage Array, Related Software and Installation Charges, and Financing of the same.

Such award shall be contingent upon obtaining suitable financing, such as from Great American Financing, to allow for payments to be made over time in a total amount not to exceed $99,015.84 plus applicable reasonable interest, and such that the City will own the servers without any encumbrance upon the final payment. Said agreement with Diamond IT and any financing company shall be reviewed and approved as to legal form by the City Attorney, and the Mayor and/or City Manager are authorized to execute said agreement on behalf of the City of Arvin.

6.C.1
Attachment: 1. Staff Report - PD Server Purchase (Purchase - Dell Power Edge Server for Arvin Police Department) Reso Contract with Diamond IT to purchase Power Edge Server and related equipment.

Page 1 of 2 ends

RESOLUTION NO. __________

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

AUTHORIZE THE MAYOR AND/OR CITY MANAGER TO ENTER

INTO A CONTRACT WITH DIAMOND IT IN AN AMOUNT NOT TO
EXCEED $99,015.84 FOR THE PURCHASE OF DELL POWER EDGE
R650 SERVER, DELL ME-5012 STORAGE ARRAY, RELATED

SOFTWARE AND INSTALLATION CHARGES, AND FINANCING OF
THE SAME.

WHEREAS, the City of Arvin has established a program where continuity of computer resources (servers) is maintained; and
WHEREAS, the average life of a server is 5 years; and
WHEREAS, all of the data servers of the Police department, purchased in 2019 have reached the end of their life cycle; and
WHEREAS, servers that have reached the end of their life cycle run the risk of failure; and
WHEREAS, section 3.08.070 (B) (6) of the Arvin Municipal Code (AMC) states that Bidding or open market procedure may be dispensed with only when:

Piggyback purchasing procedures, whereby the City has the ability to “piggyback” contracts for products and equipment, entered into by other governmental agencies (Municipality, County, or State) through a competitive bid. The Purchasing Division will obtain documentation to verify the contract and bid process. All products or equipment purchased under this provision must substantially meet the technical specifications of the bid. Major deviations from the product specification will not be allowed. However, minor modifications which result in a price differential of five percent (5%) or less are authorized. Such contracts include, but are not limited to, contracts to purchase products and services under the California Multiple Award Schedules (CMAS) or Federal General Services Administration (GSA) contracts; and
WHEREAS, Diamond IT has provided a copy of CMAS contract number 3-21-10-1056 as proof of compliance under AMC 3.08.070 (B) (6); and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arvin as follows:

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

2. The City Council finds bidding or the open market procedure be dispensed with under section 3.08.070 (B) (6) of the Arvin Municipal Code

6.C.2
Attachment: 2. 2025-xx Reso Approval of Purchase of 3 Dell Power Edge Servers from Diamond IT_100819 (Purchase - Dell Power Edge Server Reso Contract with Diamond IT to purchase Power Edge Server and related equipment.

Page 2 of 2 ends

3. That the City Council of Arvin authorizes staff to enter into an agreement with Diamond IT in an amount not to exceed $99,015.84. Such award shall be contingent upon obtaining suitable financing, such as from Great American Financing, to allow for payments to be made over time in a total amount not to exceed $99,015.84 plus applicable reasonable interest, and such that the City will own the servers without any encumbrance upon the final payment. Said agreement with Diamond IT and any financing company shall be reviewed and approved as to legal form by the City Attorney, and the Mayor or City Manager are authorized to execute said agreement on behalf of the City of Arvin.

4. This Resolution shall take effect immediately upon passage.

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 28th day of January 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA CALDERON, Mayor
APPROVED AS TO FORM:

By:

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

6.C.2
Attachment: 2. 2025-xx Reso Approval of Purchase of 3 Dell Power Edge Servers from Diamond IT_100819 (Purchase - Dell Power Edge Server We have prepared a quote for you
Server / Storage Hardware refresh
Quote # 007341
Version 2
Prepared for:

City of Arvin
Jeffrey Jones
[email protected]

6.C.3
Attachment: 3. 12.24 PD servers quote (Purchase - Dell Power Edge Server for Arvin Police Department) 8701 Swigert Court
Bakersfield, CA 93311
www.diamondit.pro
(661) 833-5600
Tuesday, December 17, 2024
City of Arvin
Jeffrey Jones
200 Campus Dr
Arvin, CA 93203
[email protected]
Dear Jeffrey,
Per our discussion, I have prepared the following quote to upgrade the server infrastructure for Arvin PD. I have included estimated payment options for 3 and 5 yr $1.00 buy out lease. Leasing has been pre approved.

This project requires Sunridge to migrate the RIMs database application. Sunridge charges for the migration. I have included the quote for the migration at the end of our proposal. I did not include the cost of Sunridge's migration in the lease. I would need to confirm Sunridge would accept payment under the lease terms. Please let me know if you would like me to make this adjustment.

Please sign the authorization page with detailed pricing to proceed with the proposed recommendations. Please let me know if you have any questions about our prepared information.

Sincerely,
Michael Leftwich
VP/GM
DiamondIT
Quote #007341 v2 Page: 2 of 10

6.C.3
Attachment: 3. 12.24 PD servers quote (Purchase - Dell Power Edge Server for Arvin Police Department) 8701 Swigert Court
Bakersfield, CA 93311
www.diamondit.pro
(661) 833-5600
Executive Summary
Business and TechnicalObjectives?
Arvin police department's Dell server warranty expired in November 2024, at which point the server and storage hardware is five years old. While it is possible to extend the warranty for an additional two years, DiamondIT recommends replacing the hardware instead. This recommendation arises from the significant increase in VMware virtualization costs that took effect in June 2024.

Given the age of the current hardware, upgrading is a more cost-effective solution than renewing the warranty and paying the increased software costs.

The primary technical objective of upgrading the aging server and storage infrastructure is to enhance system performance, reliability, and security to meet the increasing demands of the local police department. This upgrade will involve implementing modern server hardware with advanced multi-core processors and increased memory capacity to significantly improve processing speeds and reduce latency.

By reducing reliance on aging hardware that incurs higher maintenance costs and poses greater risks of failure, the department can achieve more predictable operational expenses. Overall, these enhancements will not only improve operational efficiency but also support the department's mission to effectively serve and protect the community.

Within Scope / Out of Scope?
The project estimate includes items listed in the Project Plan section of the Scope of Work. Items listed in the Project Plan are considered within scope for this Project and Statement of Work. Any items that are completed during the scheduled project time that is not within the scope will be billed separately per the Managed?Services Agreement?Service Attachment?("SA"). If no Managed Service Agreement exists, any work outside of the Initial Project Plan will require a change order to be completed prior to proceeding. Any amendments to the original Statement of Work will be?completed?as necessary. Any items not specifically listed as part of the project plan are considered out of the scope of this estimate.

Project Plan
Below are high level procedures that will be undertaken to complete this project.

Prep Physical Server and Storage hardware?
Onsite Installation?
Create New APD-DC-03, APD-DC-04 and APD-FP-01?
Create a?new RIMS APP and DB server?
Migrate Servers (DCs and FP)?
Support Sunridge Systems with RIMS migration?
Decommission old servers?
Pick up and e-waste of old hardware?
Special Requirements??
If downtime is necessary that cannot be accommodated during business hours, we may need access to the Client's office outside of regular business hours for project completion. After-hours times will be agreed upon and coordinated between the Diamond IT team and the appropriate Client personnel prior to scheduling the work. Location Tasks associated with this project will be completed remotely when possible. Any onsite times will be agreed upon and coordinated between the Diamond IT team and Quote #007341 v2 Page: 3 of 10

6.C.3
Attachment: 3. 12.24 PD servers quote (Purchase - Dell Power Edge Server for Arvin Police Department) 8701 Swigert Court
Bakersfield, CA 93311
www.diamondit.pro
(661) 833-5600
Executive Summary
the appropriate Client personnel prior to scheduling the work. Delaysin access to the Client’s office can cause delays in the project timeline. RIMS Database migration will be completed by Sunridge Systems and is not included in this scope of work Project Risks
Diamond IT Technical and Account Management Teamhave identified the following risks with and for this project that may impact both project cost and timeline.

Delaysin gaining access to the existing environment will cause delays, and potentially increase in costs, for the migration project.

This project assumes?Client?staff will assist Diamond IT as needed in gaining access to systems and tools. Delaysin response may push back the migration date of the project.

Unforeseen circumstances outside of the Client control or the control of Diamond IT, vendors, suppliers, or other parties.? Any pre-existing AD health issue could prevent and prolong the success of the project.? Data input during migration outage onto new hardware may be lost.? Project Assumptions??
While putting together this project plan and scope, Diamond IT Technical and Account Management Teams have made the assumptions listed below. If these assumptions are invalid or are found to be invalid, this may cause further cost or timeline delays to project completion:

Diamond IT assumes client has approved database migration with Sunridge systemsto migrate RIMS database to new server environment.

Diamond IT assumes downtime will be accommodated?to?complete this project as applicable and/or required.

Diamond IT assumes that all meetings and pre-migration consulting will be scheduled in a timely manner and decisions by Client on structure will be?final.?
Diamond IT assumes downtime being scheduled for the PD regarding RIMS and RIMS applications.

Diamond IT assumes any work done during downtime for specific applications being moved will be lost.

Project Timeline??
Once the project has been approved and agreed funding completed, a project kick-off meeting will be conducted, and initial timelines will be established. Once the project begins, delays and other risks may require completion dates to be postponed or changed. Additional costs may?apply.

Acceptance Testing??
Diamond IT will consider the project complete, send final invoicing, and close project after the following is complete:? 5 users can authenticate through the new Domain controllers.? 5 Users can access files from the new File Server.
1 dispatcher and 3 officers can access RIMS and RIMS mobiles.

Completion of a Project closeout meeting
Quote #007341 v2 Page: 4 of 10

6.C.3
Attachment: 3. 12.24 PD servers quote (Purchase - Dell Power Edge Server for Arvin Police Department) 8701 Swigert Court
Bakersfield, CA 93311
www.diamondit.pro
(661) 833-5600
Hardware
Description Price Qty Ext. Price
Dell Server Hardware $38,807.87 1 $38,807.87
PowerEdge R650
Base Power Edge R650 Server
Trusted Platform Module Trusted Platform Module 2.0 V3 G Chassis Configuration 2.5" Chassis with up to 10 Hard Drives Processor Intel® Xeon® Silver 4309Y 2.8G, 8C/16T, 10.4GT/s, 12M Cache, Turbo, HT (105W) DDR4-2666 G
Additional Processor Intel® Xeon® Silver 4309Y 2.8G, 8C/16T, 10.4GT/s, 12M Cache, Turbo, HT (105W) DDR4-2666
Memory Capacity (4) 32GB RDIMM, 3200MT/s, Dual Rank, 16Gb BASE x8 Hard Drives (2) 960GB SSD SATAMixed Use 6Gbps 512 2.5in Hot-plug AG Drive, 3 DWPD
Fans 4 High Performance Fansfor 2 CPU
Power Supply Dual, Fully Redundant(1+1), Hot-Plug Power Supply,1100W 2 x OCP 3.0 Network Adapters Broadcom 57454 Quad Port 10GbE Base-T Adapter
iDRAC9, Enterprise 15G
Rack Rails Ready Rails Sliding Rails With Cable Management Arm Dell Services: Hardware Support Basic Next Business Day 60 Month(s) Extended Service ProSupport and Next Business Day Onsite Service, 60 Month(s) 2 Dell ME5012 Storage Array
Base Dell ME5012 Storage Array
Controller Cards 12Gb SAS 8 Port Dual Controller
SAS Cables (4) 12Gb HD Mini-SAS to HD Mini-SAS 2M Cable Hard Drives (6) 2.4TB 10K RPM SAS 512e 2.5in Hot-plug Hard Drive,3.5in HYB CARR
Rack Rails Rack Rails 2U
Bezel ME Series 2U Bezel
Power Supply Power Supply, 580W,Redundant, WW
Hardware Support Services Parts Only Warranty 60 Month(s) Dell Services: Extended Service ProSupport with 4-Hour Onsite Service, 60 Month(s)
1 Dell HBA355e Adapter Low Profile/Full Height, CK 2
Dell 12Gb HD-Mini to HD-Mini SAS Cable 2M 2
Subtotal: $38,807.87
Quote #007341 v2 Page: 5 of 10

6.C.3
Attachment: 3. 12.24 PD servers quote (Purchase - Dell Power Edge Server for Arvin Police Department) 8701 Swigert Court
Bakersfield, CA 93311
www.diamondit.pro
(661) 833-5600
Software
Description Price Qty Ext. Price
MS Windows Server 2025 16 Core license $1,176.00
6 $7,056.00
MS Windows Server 2025 User CAL license $50.00 80 $4,000.00 MS SQL Server Standard 2022 Core License $6,930.002 $13,860.00 Subtotal: $24,916.00
Project Labor
Description Price Qty Ext. Price
Project Labor $20,905.001 $20,905.00
Subtotal: $20,905.00
Quote #007341 v2 Page: 6 of 10

6.C.3
Attachment: 3. 12.24 PD servers quote (Purchase - Dell Power Edge Server for Arvin Police Department) 8701 Swigert Court
Bakersfield, CA 93311
www.diamondit.pro
(661) 833-5600
Quote Terms
The enclosed materials are proprietary to Diamond TechnologiesInc. (“DiamondIT”), and are therefore copyrighted material. The materials are presented for the purpose of agreement to services and may not be disclosed in any manner to anyone other than the addressee and employees or an authorized representative of the herein addressed firm hereafter referred to as "CUSTOMER". This Quote is time sensitive and are therefore considered firm for 30 daysfrom date of quote.

Hardware/Software Purchases: Due to the fast-paced nature of technology and the unique needs of each project, DiamondIT does not typically stock Hardware and Software. Thus, all hardware and software orders require advance payment and will be ordered within one business day of payment being received unless otherwise noted in this proposal.

Returns may only occur with an RMA. RMA’smay not be issued for all items. Assuming we are able to return the product to the distributor or manufacturer, a restocking fee will typically apply to allowed returns.

DiamondIT reserves the right to modify any of the enclosed or related details thereafter.This Quote and pricing outlined herein is only valid when purchased as a complete hardware, software, and service solution unless otherwise agreed to by the Account Manager in writing in the “Modifications” section of the Quote.

SUMMARY OF BASIC SOW PROVISIONS (“SUMMARY”)

1. Name and Address of DIAMONDIT (“DIAMONDIT”):

DIAMONDIT
8701 Swigert Ct.,
Bakersfield, California, 93311
(661) 833-5600
[email protected]

2. Name and Address of CUSTOMER (the “CUSTOMER”):

City of Arvin
200 Campus Dr
Arvin, CA, 93203
(661) 606-6040
[email protected]

3. Statement of Work (the “Work”): DIAMONDIT and CUSTOMER acknowledge and agree that DIAMONDIT is to provide CUSTOMER with the following WORK:

Project Services: Project Services are provided as scoped in the Statement of Work section of the Quote

4. Payment Term (the “Payment Terms") CUSTOMER shall pay DIAMONDIT for the WORK in the amount(s) of Quote Summary, as set forth in Quote #007341 v2
Initial Payment: 100% of hardware/software + 50% of labor 30-Day Payment: 90% of remaining labor balance (unless project is completed) Final Payment: 10% of remaining labor balance (upon project completion) The final payment is due upon project completion, regardless of whether the 30-day payment has been made.

CUSTOMER agrees that all new users/items added during the term of this contract will be added to the monthly service fee as per the current per user/item fee.

5. Add-ons for Users, Devices, and Subscription Licenses. (the ”Add-On(s)”) Youmay purchase additional Add-Ons at any time at the Add-On Quote #007341 v2 Page: 7 of 10

6.C.3
Attachment: 3. 12.24 PD servers quote (Purchase - Dell Power Edge Server for Arvin Police Department) 8701 Swigert Court
Bakersfield, CA 93311
www.diamondit.pro
(661) 833-5600
Quote Terms
Rate specified on YourQUOTE SUMMARY.Your Add-on Rate is determined by the Initial Termand number of users, devices and/or services purchased for YourInitial Term. This Add On rate shall remain in effect unless you extend Your Termand/or Your user, device and/or service count is altered. Any changes to Your Add-On Rate and Termmust be mutually agreed by You and DiamondIT.

6. Additional Provisions: I have read, understand and accepted the following:
 DiamondIT Master Service Agreement Terms and Conditions (MSA): https://diamondit.pro/MasterServiceAgreement  DiamondIT Privacy Policy: https://diamondit.pro/PrivacyPolicy  DiamondIT Microsoft Cloud Services Terms and Conditions: https://diamondit.pro/CloudTerms  DiamondIT Microsoft Online Services Terms and Conditions: https://diamondit.pro/MicrosoftTerms The parties hereto acknowledge that this quote constitutes all of the hardware, software, and services to be provided and that there are no other agreements, written or oral, between the parties as to the Work. By their signatures below,the parties acknowledge and agree as of quote signature date they are bound by all of the provisions of this quote.

I have read and agree to the Quote as provided. I am an authorized agent with authority to enter into this agreement with DIAMONDIT. I hereby confirm to you that the information and arrangements outlined and the terms of payment are acceptable to us. Our deposit is forthcoming. This agreement cannot be canceled or modified without written permissions. Service rates are subject to change with notification.

Quote #007341 v2 Page: 8 of 10

DiamondIT City of Arvin Quote #: 007341
Michael Leftwich
(661) 473-7667
Fax (661) 833-5608
[email protected]
200 Campus Dr
Arvin, CA 93203
Jeffrey Jones
(661) 606-6040
[email protected]
Version: 2
Delivery Date: 12/17/2024
Expiration Date: 01/15/2025
Quote Summary
Description Amount
Hardware $38,807.87
Software $24,916.00
Project Labor $20,905.00
Subtotal: $84,628.87
Estimated Tax: $3,201.66
Total: $87,830.53
Payment Options
Description Payments Interval Amount
GreatAmerica
36 Months, $1 Lease, 0 Advance Payments 36 Monthly $2,750.44 60 Months, $1 Lease, 0 Advance Payments 60 Monthly $1,798.36 Summary of Selected Payment Options
Description Amount
GreatAmerica: 36 Months, $1 Lease, 0 Advance Payments
Selected Payment $2,750.44
Total of Payments $99,015.84
Quote #007341 v2 Page: 9 of 10

Name: Michael Leftwich
Title: VP/GM
Date: 12/17/2024
Signature:

Name: Jeffrey Jones
Date:

Quote #007341 v2 Page: 10 of 10

6.C.3
Attachment: 3. 12.24 PD servers quote (Purchase - Dell Power Edge Server for Arvin Police Department) To:

From:

Subject:

Date:

Cody Cooper, on behalf of the Arvin Police Department
Tamera Melrose
Quotation for RIMS Technical Services
November 14, 2024
The following is a quotation for Support Services to migrate your RIMS database and application servers based upon your recent request.

Item Price
RIMS Technical Services – Move RIMS App and Databases to New Servers $8,000 TOTAL $8,000
NOTE: Please note that this quotation does not include the cost of assistance from Sun Ridge to setup/configure a High Availability server environment, nor does Sun Ridge provide this service. If you have a High Availability environment already configured, and wish to move RIMS to this environment, our technical team can assist. A quote for those support services can be provided at that time.

This price includes the following general services:
• Conduct a coordination conference call
• Conduct a server pre-check
• Conduct a server move “dry-run” (does not impact production use of RIMS) • Conduct final server move.

The move includes the following technical services:
• Backup and copy databases from RIMS-DB: RIMS-PRD and RIMSTRAIN. • Copy the RIMS share over to the new server and create the new share – adjust the Choose RIMS program to point the clients to the new server when they login again. • Perform these services once to obtain a time estimate of how long you will be down during the move.

You will be required to provide the following:
• Confirm connectivity/data path between your old and new RIMS servers • Confirm that SQL Server is installed on the new servers • Confirm there is sufficient disk space
• Provide remote access to the server(s).
• Provide IT support for on-site assistance.
• Resolve all domain and other potential network issues. • Take the lead and coordinate resolution of any issues with third-party vendorinterface(s)

6.C.3
Attachment: 3. 12.24 PD servers quote (Purchase - Dell Power Edge Server for Arvin Police Department) This work must be scheduled with Sun Ridge in advance, Monday through Thursday between 8 a.m. and 4 p.m. Pacific. We do not provide this type of support after normal business hours or on Fridays or weekends. Our engineers are typically scheduled 4 – 6 weeks out so please plan accordingly if you choose to proceed.

If you plan to purchase via purchase order, Sun Ridge Systems may require you to make some minor modifications to the purchase order’s Standard Terms and Conditions. Specifically, sections related to Warranty and Indemnification may require modification. Examples of these modifications can be provided upon request.

This quotation is valid for 90 days and may change thereafter. If you have any questions, please call me on 1-800-474-2565 x5.

By signing and accepting this quote, I agree that I have signature authority on behalf of my department and/or organization and this signature will be an electronic representation of my signature for all purposes when I use them on documents, including legally binding contracts – just the same as a wet ink signature on paper. _______________________________________________________ _________________________ Authorized by: Name and Title Date:

6.C.3
Attachment: 3. 12.24 PD servers quote (Purchase - Dell Power Edge Server for Arvin Police Department)

6.C.4
Attachment: 4. CMAS Contract 3-21-10-1056 pdf (Purchase - Dell Power Edge Server for Arvin Police Department)

CITY OF ARVIN
Staff Report
Meeting Date: January 28, 2025
TO: Arvin City Council
FROM: Jeff Jones, City Manager / Finance Director
SUBJECT: Consideration and approval of a Resolution of the City Council of the City of Arvin, Accepting and Awarding Bid to Dave Bang Associates, Inc. to Install Two Bleachers, One Custom Backstop and Two Concrete Pads at DiGiorgio Park in the total amount of $91,250.00 and Authorizing the City Manager to Enter into a Contract Agreement with Dave Bang Associates, Inc. for Same.

BACKGROUND:

In September 2024, the City issued an RFP (Request for Proposal/Bid) for the installation of two bleachers, one custom backstop, and two concrete pads at Di Giorgio Park. The RFP was issued based on previous budget approval by the City Council to fund the project by a combination of a previously awarded State Proposition 62 grant funds and America Rescue Plan Act funds to install a new set of bleachers, backstop and concrete pads to replace old, outdated equipment at the park. Bids were due to the City Clerk by 5 pm on October 14th, 2024 in order to be considered responsive.

On October 14th, 2024 the City received and opened the following bid:

Dave Bang Associates, Inc. $91,250.00
The vendors below submitted bids after the deadline and therefore, were not considered:

Patterson and Sons $95,500.00 (received October 23rd, 2024) Home Design Solutions, Inc. $90,200.00 (received November 6th, 2024).

STAFF RECOMMENDATION:

Based on the responsiveness to the RFP timelines and the fact that the City has had a successful relationship with Dave Bang Associates, Inc. in the past, staff recommends that the bid be awarded to Dave Bang Associates, Inc.

FINANCIAL IMPACT:

This project is included in the Fiscal Year 2024-25 budget.

ATTACHMENTS:
1) Resolution
2) Bid from Dave Bang and Associates, Inc.

6.D.1
Attachment: 1. Staff Report - Bleachers, Backstop, Concrete Pads Install at DiGiorgio Park_012825 (Bleachers, Backstop & Concrete Pads for

Page 1 of 2 ends

Reso Accepting and Awarding a Bid to Dave Bang and Associates Inc for Installation of bleachers, backstop, and concrete pads.

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

ACCEPTING AND AWARDING BID TO DAVE BANG ASSOCIATES,
INC. FOR THE INSTALLATION OF TWO BLEACHERS, ONE CUSTOM

BACKSTOP AND TWO CONCRETE PADS IN THE AMOUNT OF
$91,250.00 AND AUTHORIZING THE CITY MANAGER TO ENTER

INTO A CONTRACT AGREEMENT WITH DAVE BANG ASSOCIATES,
INC.; AND RELATED ACTIONS.

WHEREAS, the City of Arvin desires to install two new bleachers, one custom backstop, and two concrete pads at Di Giorgio Park; and WHEREAS, in furtherance of that effort, in September 2024 the City issued a Request for Bid (RFB) for the installation of the above items; and WHEREAS, on October 14th, 2024, at 5:00 pm, one sealed bid was received and was opened by the Deputy City Clerk at the Arvin City Hall, with the following results:

Dave Bang and Associates, Inc. $91,250.00; and
WHEREAS, two bids were received after the RFB deadline; and WHEREAS, based on the above recitals that City staff now determines that Dave Bang and Associates, Inc. be deemed the best qualified and responsive bidder in respects to the installation of two bleachers, one custom backstop, and two concrete pads at Di Giorgio Park.

NOW, THEREFORE, BE IT RESOLVED THAT: The City Council of the City of Arvin does hereby resolve as follows:

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

2. The City Council finds that Dave Bang and Associates, Inc. is the lowest qualified responsive and responsible bidder.

3. The City Council of the City of Arvin does hereby accept the bids received per the above recitals and authorizes the City Manager to enter into a contract for the installation of two bleachers, one custom backstop, and two concrete pads at Di Giorgio Park with Dave Bang and Associates, Inc. in the amount of $91,250.00.

4. This Resolution shall immediately take effect upon passage.

6.D.2
Attachment: 2. Reso Bleachers, Backstop, Concrete Pads Install at DiGiorgio Park_012825 (Bleachers, Backstop & Concrete Pads for DiGiorgio

Page 2 of 2 ends

Reso Accepting and Awarding a Bid to Dave Bang and Associates Inc for Installation of bleachers, backstop, and concrete pads.

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 28th day of January 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA CALDERON, Mayor
APPROVED AS TO FORM:

By:

6.D.2
Attachment: 2. Reso Bleachers, Backstop, Concrete Pads Install at DiGiorgio Park_012825 (Bleachers, Backstop & Concrete Pads for DiGiorgio

6.D.3
Attachment: 3. Quote from Dave Bang and Associates Inc. (Bleachers, Backstop & Concrete Pads for DiGiorgio Park)

CITY OF ARVIN
Staff Report
Meeting Date: January 28, 2025
TO: Arvin City Council
FROM: Megan Snyder, Human & Community Resources Manager Jeff Jones, City Manager
SUBJECT: Approval and adoption of the Service Employees International Union Local 521 “SEIU” Side Letter 1.25
BACKGROUND:

Attached is a side letter agreement that has been drafted to articulate the proposed pay stipend for an employee serving in two classifications simultaneously.

STAFF RECOMMENDATION:

The recommendation is for council to review. If agreeable, approve and adopt the side letter between the City of Arvin and the SEIU.

FINANCIAL IMPACT:

Dual Role Stipend
The $800 per month (total cost $9,600 annual impact, however the term is unknown) is an unbudgeted item that will be from the general fund balance.

ATTACHMENTS:

SEIU Side Letter 1.25

6.E.1
Attachment: 1. Staff Report SEIU side letter 1.28.25 (SEIU Side Letter 1.25) Side Letter Between
The City of Arvin, ("CITY") and
Service Employees International Union, ("SEIU")
The City and SEIU had a meet and confer regarding a specific instance of an SEIU, non-sworn member performing two roles simultaneously. The role of Property and Evidence is a crucial role in the Police Department. There is not a permanent vacancy in the position, but due to personnel matters, there is a temporary need to perform those job functions in a full-time capacity. The individual currently filling this role on an interim basis has received training and has served in this role on more than one occasion out of department necessity. This individual is also filling another full-time role.

The traditional structure for working out of classification as set forth within the SEIU/City of Arvin MOU, Article 13 is as follows:
“When it is necessary to work an employee in a higher paying classification, the higher paying classification shall be equal to the “A” step or 5%, whichever is greater for any period of time.” Currently, the interim employee is receiving this 5% stipend for working beyond classification. This 5% stipend will also persist through the dual role capacity.

It is the City's position that this role is of absolute necessity related to criminal prosecution of cases, victims’ rights, property, and evidence processing in accordance with state and federal law, and the timely transport of firearms and DUI blood tests to the crime lab for processing. To reiterate, this position remaining vacant, even on a temporary basis, would likely have significant collateral consequences, related to everything from patrol to the civil and criminal judicial systems.

With that, the parties share a mutual interest in reaching an agreement. Accordingly, the parties agree as follows:

1. The employee shall continue to receive the 5% stipend for working beyond classification pursuant to Article 13 of the above referenced MOU;

2. While serving the Arvin Police Department in both the Animal Control Officer and Community Service Officer roles, the employee shall receive an additional $800.00 per month stipend for dual role service; and

3. The additional $800 per month stipend will retroactively apply for the five (5) month duration this employee has occupied both roles.
_________________________________________________________________________________ IT IS SO AGREED:
______________________________ _____________
SEIU Representative Date
______________________________ _____________
City Manager Date
______________________________ _____________
Employee Representative Date

6.E.2
Attachment: 2. SEIU Sideletter 1.28.25 [Revision 1] (SEIU Side Letter 1.25)

CITY OF ARVIN
Staff Report
Meeting Date: January 28, 2025
TO: Arvin City Council
FROM: Jeff Jones, City Manager
SUBJECT: A Resolution of the City Council of the City of Arvin (1) Declaring Central Natural Gas (CNG) Station Equipment as Surplus and (2) Directing the City Manager to Authorize Sale of the Equipment.

RECOMMENDATION
Staff recommends that the City Council not declare the equipment listed below, titled as surplus items, as surplus and authorize its sale pursuant to the procedures set forth in Arvin Municipal Code section 3.08.110, but instead to consider this item at an upcoming Council meeting..

Removal of these items from the City’s public works yard would assist in providing additional space needed to store other items and with the general housekeeping and maintenance of the areas.

The following equipment is to be sold as surplus in their current operational condition:
• All CNG station equipment –
Compressed natural gas station and appuretnant facilites including one 75 scfm compressor, one single tower dyer without self-containted regenreation, two 12,000 SCF storage vessels, one-dual hose fast fill dispenser, one card access device and all power and control equipment. All required trenching, conduit, wiring, plumbing, hardware and signage.

The CNG station was installed starting in 2010 and was completed in 2012. The cost of the facility was $677,684.83 and was funded by a CMAQ grant by Cal Trans.

The facilty was never used, mostly due to the City changing direction in 2016 to move to the use of electric buses instead of procuring buses which would be fueled by CNG.

6.F.1
Attachment: Staff Report Declare Equipment as Surplus_012825 (Declaring CNG Gas Station Equipment as Surplus) If the City Council determines that these items are surplus and authorizes their sale, the Transportation Department intends to sell them at auction to the highest bidder.

FINANCIAL IMPACT
There will be a cost to dismantle the CNG Equipment. It is anticipated that the proceeds received from the sale of the asset will be equal to or exceed the amount of the dismantling costs.

ATTACHMENT
Cal Trans project approval letters including schmetric drawings of the CNG facility

6.F.1
Attachment: Staff Report Declare Equipment as Surplus_012825 (Declaring CNG Gas Station Equipment as Surplus) Reso Approving Sale of CNG Equipment Declared as Surplus.

Page 1 of 2 ends

RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN (1)

DECLARING CENTRAL NATURAL GAS (CNG) GAS STATION
EQUIPMENT AS SURPLUS AND (2) AUTHORIZING THE CITY

MANAGER TO PROCEED WITH THE SALE OF THE EQUIPMENT
WHEREAS, Arvin Municipal Code (AMC) Section 3.08.110 (Surplus property-Sale or other disposal) establishes a procedure to declare equipment surplus; and WHEREAS, AMC Section 3.08.110 (A) states that all department heads of the city shall submit to the city council at such times, and in such form as may be prescribed, reports showing stock, materials, equipment and any real property on hand not then in use in said department.

When a surplus of stock, materials, equipment, or real property exists in any department, the city council may transfer the same to any other department having a need for such stock or any portion thereof on approval of the city council or its designated official; and WHEREAS, AMC Section 3.08.110 (B) states, when it is found by the city council that stock, materials, equipment, or real property exists which is not needed for use by any city department, the city council may authorize the sale thereof, and the proceeds from any such sale or sales shall be deposited in the city treasury; and
WHEREAS, AMC Section 3.08.110 (C) states, upon the city council's finding and authorization of the sale of surplus stock, materials, equipment, or real property, the city manager may take whatever steps necessary to obtain the highest price in exchange for the sale of the surplus stock, materials, equipment, or real property. The determination of the highest price that will be most favorable to the city will be made by the city manager, within his/her sole discretion. The city manager may thereafter enter into and complete the sale of the surplus stock, materials, equipment, or real property on behalf of the city; and WHEREAS, the Compressed Natural Gas (CNG) station equipment is no longer in use and is surplus.

NOW, THEREFORE, the City Council of the City of Arvin, does hereby resolve as follows:

1. The above recitals are true and correct.

2. The City Council of the City of Arvin hereby declares the above-described equipment is surplus and authorizes its sale by the city manager.

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

4. The City Council hereby provides authority to the City Manager to dispose of/sell the surplus property identified above at auction.

6.F.2
Attachment: Reso Declaring Equipment and Vehicles as Surplus_CNG_012825 (Declaring CNG Gas Station Equipment as Surplus) Reso Approving Sale of CNG Equipment Declared as Surplus.

Page 2 of 2 ends

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 28th day of January 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA CALDERON, Mayor
APPROVED AS TO FORM:

By:

6.F.2
Attachment: Reso Declaring Equipment and Vehicles as Surplus_CNG_012825 (Declaring CNG Gas Station Equipment as Surplus)

CITY OF ARVIN
Staff Report
Meeting Date: January 28, 2025
TO: Arvin City Council
FROM: Megan Snyder, Human & Community Resources Manager Jeff Jones, City Manager
SUBJECT: Adoption of the Code Enforcement Classification and Corresponding Salary Schedule
BACKGROUND:

Code Enforcement is a necessary functionality of any municipality. The overall goals of a Code Enforcement Officer are to achieve code compliance, resolve public nuisance matters, and to assist in improving and maintaining quality of life for community members. Code enforcement is crucial for maintaining public safety, quality of life, and community standards within the City of Arvin.

Code Enforcement Overview:

1. Public Health and Safety
• Ensuring Safe Living Conditions: Code enforcement helps ensure that buildings and structures are safe for inhabitants and the public. Violations related to building codes, sanitation, fire safety, and electrical systems can lead to hazardous conditions if left unaddressed. • Preventing Hazards: Addressing unsafe practices or violations such as poorly maintained properties, overgrown vegetation, or hazardous waste helps to prevent accidents, fires, and other safety risks.

2. Community Aesthetics and Quality of Life
• Maintaining Property Values: Proper code enforcement helps maintain the overall appearance of neighborhoods and communities, which can enhance property values and attract potential homeowners or businesses.
• Community Wellbeing: Without code enforcement, dilapidated properties and neglected buildings can become eyesores, attract crime, and contribute to community decline.

3. Environmental Protection
• Regulating Waste Disposal: Code enforcement ensures that waste is disposed of correctly and that businesses or homeowners don’t dispose of hazardous materials improperly, which could harm the environment or community.

4. Compliance with Local, State, and Federal Laws
• Following Regulations: Code enforcement ensures that property owners, developers, and businesses comply with local, state, and federal regulations, which may relate to environmental protection, accessibility standards (e.g., ADA), health codes, and more. • Avoiding Legal Liabilities: Non-compliance can lead to legal issues for property owners, contractors, and even municipalities, which can result in costly fines, lawsuits, or other consequences.

6.G.1
Attachment: 1. Code Enforcement Officer Staff Report_012825 (Code Enforcement Classification and Updated Salary Schedule)

5. Economic Development and Stability
• Attracting Investment: A well-enforced code encourages investments in both residential and commercial properties, as it provides assurances to potential buyers, renters, or businesses that the community adheres to established safety, health, and aesthetic standards. • Ensuring Fairness and Equity: Code enforcement ensures that all property owners and businesses follow the same set of rules, which creates a fair environment and prevents some from exploiting loopholes or engaging in illegal activities that would disadvantage others.

6. Improving Quality of Life for Residents
• Mitigating Nuisances: By enforcing codes related to noise, abandoned vehicles, or unsightly conditions, code enforcement contributes to a more livable environment for residents. • Enhancing Community Trust: When local government agencies take action to ensure the safety and aesthetics of neighborhoods, it builds trust and confidence among residents, encouraging them to take pride in their communities.

The City of Arvin has taken a more proactive approach to code enforcement the last several years. We have issued a significant number of notices, most resulted in quick resolution with the property owners, with only a few requiring more serious action to be taken.

The approval of this classification will afford more specific attention to code compliance with the Code Enforcement being a sole function position. Additionally, will afford further utilization of open gov Code Enforcement portal.

STAFF RECOMMENDATION:

Adoption of the Code Enforcement job description and corresponding salary schedule.

FINANCIAL IMPACT:

Potential funding via (1) CDBG grant application and (2) realignment of costs within the police department.

ATTACHMENTS:

Code Enforcement JD
Salary Schedule V1.28.25

6.G.1
Attachment: 1. Code Enforcement Officer Staff Report_012825 (Code Enforcement Classification and Updated Salary Schedule) City of Arvin
Code Enforcement Officer
DEPARTMENT: APD
FLSA STATUS: EXEMPT
UNIT: APOA REPRESENTED
GRADE: 14

JOB SUMMARY
This individual must be fully competent to perform responsible and difficult residential and commercial inspections and code compliance work. Incumbents are expected to exercise independent judgment and make sound recommendations based on inspection findings. This class is distinguished from the Senior Code Compliance Officer in that the latter is the lead or specialist class providing work direction and review to assigned Code Compliance Officers and/or handling more complex inspections or code compliance cases or projects. Work is performed under general supervision of the Chief of Police.

SUPERVISION RECEIVED AND EXERCISED
Receives direction from the Chief of Police and assigned chain of command.

EXAMPLES OF ESSENTIAL FUNCTIONS (Illustrative only)
• Receives and responds to complaints regarding substandard dwellings or structures, zoning violations, debris, unsanitary conditions, abandoned or inoperative vehicles, overgrown vegetation, and other zoning and municipal code violations, issues notices of violation and/or administrative citations for noncompliance. • Interpreting the Municipal Code and other applicable regulations during investigation of complaints and/or other violations.
• Investigates routine complaints from the public, City departments, or other public agencies.
• Prepares detailed reports on building conditions and violation. • Prepares periodic activities reports and correspondences. • Receives and processes resale inspections and relocation of structures requests, voluntary rehabilitation, repair notices and demolition orders. • Prepares and processes appropriate corrective orders, and acts to enforce and gain necessary compliance with, but not limited to, appropriate zoning, housing, and local or state codes and ordinances.
• Performs abatement of hazardous items on vacant lots and other premises. • Coordinates with other department and agencies to assess jurisdiction in terms of code violations being pursued and in assisting the public in obtaining solutions to code violations.

6.G.2
Attachment: 2. Code Enforcement Job Description_012825 (Code Enforcement Classification and Updated Salary Schedule) Code Enforcement Officer

Page 2 of 4 ends

• Contacts property owners and schedules and conducts onsite inspections; interprets codes and regulations and explains inspection procedures and regulations to involved parties.
• Issues correction notices and citations.
• Prepares necessary violation, administrative citations and other notices which outline proper repair and correction methods, time limits, permits and all necessary remedial work required; develops cost estimates based on work to be performed and specifications.
• Prepares, documents, and tracks procedures set forth in the City Municipal Code for the abatement of public nuisances.
• Works with the Office of the City Attorney and City Manager when legal action is necessary.
• Provides court testimony when required.
• Conducts field inspections of building sites in process of construction, alteration, or repair for compliance with building and related codes and regulations, for safe application of construction and installation practices.
• Inspects sites and buildings before construction or alteration to determine practicability of plans, compliance, and regulations, and validity of permits. • Research ownership and lien holders of subject properties. • Enforces deadlines, track cases and documents the procedures taken by the City to hold responsible parties accountable to abating code violations. • Interacts with the public in potentially volatile situations. Resolves disputes in a tactful and productive manner.
• Prepares and maintains a comprehensive file system of investigations and inspections. • Prepares and provides timely and comprehensive reports. • Maintains current knowledge of municipal code and other regulations and requirements involved in code compliance work.
• Prepares a variety of periodic and specialized reports related to code compliance inspections and activities.
• Must be willing to work shifts or alternative schedules and 24-hour call. • Performs a variety of other duties as assigned.

MINIMUM QUALIFICATIONS
Sufficient experience and education to demonstrate the knowledge and skills listed and to perform the essential duties is required. A typical way of obtaining the required qualifications is:

Training and Experience:
• High School Diploma or an equivalent certificate or diploma recognized by the State of California.
• Possess an Associate’s degree or two (2) full academic years of attendance at an accredited college or university with a major in engineering, architecture, construction

6.G.2
Attachment: 2. Code Enforcement Job Description_012825 (Code Enforcement Classification and Updated Salary Schedule) Code Enforcement Officer

Page 3 of 4 ends

technology, administration of justice or another related field, may be substituted for one year of experience.
• Two (2) years of experience in working with issues involving building codes, related law, planning, code enforcement, zoning, building construction, building permit issuance or related field.

Other Requirements:
• Must be a United States citizen (including naturalization). • Valid California driver's license and satisfactory driving record. • Possession of any certification from an accredited Municipal Code Enforcement organization
• A PC 832 Certificate
Knowledge, Abilities, and Skills:

Knowledge of:
• Uniform Codes related to housing, abatement of dangerous buildings, and applicable Arvin Municipal Codes.
• Applicable laws and ordinances regulating building construction and zoning. • Maintaining complete files, investigative records, and other relevant evidence for use in administrative and legal proceedings.
• Equipment and procedures used to research property ownership. • Principles, practices, and techniques of investigation and inspection. • Correct use of oral and written English, and proper spelling, punctuation, and composition.
• Use of desktop computer and associated software.

Skilled in:
• Reading, interpreting, and enforcing complex codes and regulations. • Conducting effective and timely investigations.
• Compiling and preparing clear and concise reports.
• Organizing and maintaining accurate records and files documenting investigations and inspections suitable for reference in litigation.
• Dealing with the public under stressful, contentious, and confrontational conditions. • Recognizing dangerous situations and reacting appropriately. • Organizing and prioritizing assigned work.
• Establishing and maintaining effective working relationships with those contacted in the course of work.
• Communicating tactfully and effectively with the public and employees. • Using initiative and making sound and independent judgments within established parameters and guidelines.

6.G.2
Attachment: 2. Code Enforcement Job Description_012825 (Code Enforcement Classification and Updated Salary Schedule) Code Enforcement Officer

Page 4 of 4 ends

• Respond effectively to oral as well as written instructions.

Ability to:
• Be consistent in meeting employment obligations by reporting on time and working full workdays and workweeks to include shift work, weekends, and evening hours as assigned. • Handle compliance cases independently.
• Communicate clearly and concisely in oral and written English. • Prepare clear and concise reports, correspondence, and other written materials. • Read, interpret, and apply established required codes and City policies, procedures, practices, and regulations.
• Follow oral and written instructions.
• Maintain confidentiality.
• Establish and maintain accurate records.
• Make rapid and sound independent judgments.
• Operate a desktop computer and related programs, including spreadsheet and word processing programs.
• Physically be present at the worksite to ensure proper staffing levels.

WORKING CONDITIONS
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

Work is performed primarily indoors in an air-conditioned office environment with natural and fluorescent lighting and moderate noise level. There may be some travel to different sites and incumbents may be required to work extended hours including evenings and weekends and may be required to travel outside City boundaries to attend meetings. Position requires prolonged sitting, standing, walking; and occasional kneeling, squatting, and stooping in the performance of daily activities. While performing the duties of this job, the employee is regularly exposed to video display terminals. The position also requires repetitive hand movement and fine coordination in data entry and preparing reports using a computer keyboard. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and ability to adjust focus. Acute hearing is required when providing phone and personal service. The employee must regularly lift and/or move up to 10 pounds and occasionally lift and/or move up to 35 pounds.

HISTORY
Approved by:

Date:

6.G.2
Attachment: 2. Code Enforcement Job Description_012825 (Code Enforcement Classification and Updated Salary Schedule) A

BCDEFGH
8 $ 19.08 $ 20.03 $ 21.04 $ 22.09 $ 23.19 $ 24.35 $ 25.57 $ 26.85 9 $ 20.06 $ 21.06 $ 22.12 $ 23.22 $ 24.38 $ 25.60 $ 26.88 $ 28.23 10 $ 21.06 $ 22.11 $ 23.22 $ 24.38 $ 25.60 $ 26.88 $ 28.22 $ 29.63 10 $ 21.06 $ 22.11 $ 23.22 $ 24.38 $ 25.60 $ 26.88 $ 28.22 $ 29.63 12 $ 23.45 $ 24.62 $ 25.85 $ 27.15 $ 28.50 $ 29.93 $ 31.43 $ 33.00 12 $ 23.45 $ 24.62 $ 25.85 $ 27.15 $ 28.50 $ 29.93 $ 31.43 $ 33.00 13 $ 23.78 $ 24.97 $ 26.22 $ 27.53 $ 28.90 $ 30.35 $ 31.87 $ 33.46 Office Technician 13 $ 23.78 $ 24.97 $ 26.22 $ 27.53 $ 28.90 $ 30.35 $ 31.87 $ 33.46 13 $ 23.78 $ 24.97 $ 26.22 $ 27.53 $ 28.90 $ 30.35 $ 31.87 $ 33.46 13 $ 23.78 $ 24.97 $ 26.22 $ 27.53 $ 28.90 $ 30.35 $ 31.87 $ 33.46 14 $ 25.60 $ 26.88 $ 28.22 $ 29.64 $ 31.12 $ 32.67 $ 34.31 $ 36.02 15 $ 28.18 $ 29.59 $ 31.07 $ 32.62 $ 34.25 $ 35.97 $ 37.76 $ 39.65 17 $ 31.90 $ 33.50 $ 35.17 $ 36.93 $ 38.77 $ 40.71 $ 42.75 $ 44.89 18 $ 35.29 $ 37.05 $ 38.90 $ 40.85 $ 42.89 $ 45.04 $ 47.29 $ 49.65 20 $ 40.30 $ 42.32 $ 44.44 $ 46.66 $ 48.99 $ 51.44 $ 54.01 $ 56.71 Mechanic I 1-M $ 33.42 $ 35.09 $ 36.75 $ 38.69 $ 40.62 $ 42.65 $ 16.50
APOA Union Hourly Schedule
Code Enforcement Officer 14 $ 25.60 $ 26.88 $ 28.22 $ 29.64 $ 31.12 $ 32.67 13-A $ 32.55 $ 34.18 $ 35.89 $ 37.68 $ 39.56 $ 41.54
Senior Officer 14-A $ 33.91 $ 35.61 $ 37.39 $ 39.26 $ 41.22 $ 43.28 16-A $ 36.88 $ 38.72 $ 40.66 $ 42.69 $ 44.83 $ 47.07
35 $ 28.64 $ 30.07 $ 31.58 $ 33.15 $ 34.81 $ 36.55
Human & Community Resources Mgr 60 $ 40.59 $ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80 Transportation Manager
Accountant
Public Works Supervisor
Finance Supervisor
City Clerk
Part-Time Positions
Custodian
Officer
Sergeant
Mid-Manager Non-Union/Exempt Hourly Schedule
Non-Union/Non-Exempt Hourly Schedule
Police Admin Asst.

SEIU Union Positions
Bus Drivers
Public Works
Police Dispatchers
Transit Lead
Animal Control
Community Services Officer
Accounting Technician
Police Dispatch & Records Supervisor
Permit Technician
Classification Range

CITY OF ARVIN
EMPLOYEE CLASSIFICATION & SALARY SCHEDULE EFFECTIVE JANUARY 28, 2025 Budgeted positions only
Hourly Rates

6.G.3
Attachment: 3. SALARY SCHEDULE_012825 (Code Enforcement Classification and Updated Salary 60 $ 40.59 $ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80
60 $ 40.59 $ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80
60 $ 40.59 $ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80
60 $ 40.59 $ 42.62 $ 44.75 $ 46.99 $ 49.34 $ 51.80
65 $ 44.55 $ 46.78 $ 49.12 $ 51.57 $ 54.15 $ 56.86
F $ 49.15 $ 68.06
X $ 93.52 $ 93.52
Mayor
Mayor Pro Tem
Council Members
A B C D E F Funding
Source SF-CA $42.41 $44.53 $46.76 $49.09 $51.55 $54.13
SF-SNI $44.77 $47.00 $49.36 $51.83 $54.42 $57.14
SF-SI

SF-EMDC
EL-C $ 300.00
EL-C $ 300.00
Elected Officials (Monthly)
Classification Range Per Month
EL-M $ 900.00
City Manager/Finance Director (contract)
Grants Manager
City Planner
Sr. Bldg Officer/Code Enforcement
Lieutenant - Police Dept.

City Engineer
Executive Tier/Exempt Hourly Schedule
Police Chief
Special Funding Positions
Classification Range
Crime Analyst
Special Narcotics Investigator
Classification Range
Special Investigator
Emergency Management/Deputy Chief
Not to exceed
$46,080.00
$64,000.00
AM Bains/KC Fentanyl Misuse & OD Prevention TF
AM Bains/KC Fentanyl Misuse & OD Prevention TF
Funding Source
ARPA
ARPA

6.G.3
Attachment: 3. SALARY SCHEDULE_012825 (Code Enforcement Classification and Updated Salary Staff Report Sole Source Purchase of SL-RAT for Arvin Wastewater Treatment Facility.

Page 1 of 2 ends

CITY OF ARVIN
Staff Report
Meeting Date: January 28, 2025
TO: Arvin City Council
FROM: Gerry Lemus, Veolia Project Manager
Jeff Jones, City Manager
SUBJECT: Consideration and approval of A Resolution of the City Council of the City of Arvin approving the sole-source purchase of SL-Rat from InfoSense, Inc. for the Arvin Wastewater Treatment Facility in the amount of $35,500.00, and related budget adjustments.

BACKGROUND:

The following statement was presented to City staff via Gerry Lemus, Veolia Project Manager:

The city of Arvin has a total of 193,00 feet currently servicing the city sewage collection system.

In the future,3,710 feet must be added since they are the new development (Meyers St and Felicita Rd), according to the Sewer System Management Plan (SSMP). The City of Arvin has been responsible for maintaining and cleaning the entire collection system via the Close Circuit Television (CCTV) in four year cycles.

In May 2024, the Veolia team ran a piece of equipment (SL-Rat) to see the benefits to the collection system and the budget.

Two employees and two vehicles ran the system for 4 days; it accomplished a 1-mile distance.

In a short time, it ran a total of 5,369 feet. Out of the total pipe inspected, 2,800 feet were in good condition, leaving 2,569 feet to clean by an outside contractor, or Veolia can clean some depending on the severity, as we did during the four days of work.

If we call an outside contractor, what will the total cost be to clean the 5,369 feet? It would be $11K to service the pipe, which could deteriorate, contributing to the wear and tear of the pipe material and increasing the line's potential for replacement. However, if the clean-out is conducted by Veolia to clear the hot spot, the estimated cost is less than $5K plus it would not have clogged as severely due to the foresight analysis of the SL-Rat.

STAFF RECOMMENDATION:

Staff recommends approval of the Resolution and the sole source purchase agreement.

FINANCIAL IMPACT:

Purchase of the SL-RAT will save the City’s Sanitation fund over the next few years by discovering hot spots in the collection system quickly. Quick action to clear the hot spot when

6.H.1
Attachment: 1. Staff Report - SL-Rat for Arvin WWTF_012825 (Purchase - SL-Rat from InfoSense for Arvin Wastewater Treatment Facility) Staff Report Sole Source Purchase of SL-RAT for Arvin Wastewater Treatment Facility.

Page 2 of 2 ends

using equipment on hand prevents the City from using expensive contractors such as Roto-Rotter to clear complex build-up issues in the collection system.

ATTACHMENTS:

Quote from Infosense Inc.

Power point presentation on SL-RAT
Sole Source Letter by vendor

6.H.1
Attachment: 1. Staff Report - SL-Rat for Arvin WWTF_012825 (Purchase - SL-Rat from InfoSense for Arvin Wastewater Treatment Facility) Reso Approving Single Source Purchase of SL-Rate for Arvin Wastewater Treatment Facility.

Page 1 of 2 ends

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARVIN

APPROVING SINGLE SOURCE PURCHASE OF SL-RAT AND RELATED
TECHNOLOGY FROM INFOSENSE, INC. FOR THE ARVIN

WASTEWATER TREATMENT FACILITY IN THE AMOUNT OF
$35,500.00, AND RELATED BUDGET AMENDMENTS.

WHEREAS, a single source purchase of equipment can be made if a determination is made that only one vendor is found that provides the equipment; and WHEREAS, the City Council (‘Council’) approved Ordinance 440 on February 7, 2017, which amended the City’s Municipal Code, Bidding Procedures Generally; and WHEREAS, Ordinance 440 allows the City to utilize single source purchasing of supplies, equipment, or services without completing the City’s bidding or proposal process if the supplier is determined that the vendor is the single source of the supplies, equipment, or services to be provided
WHEREAS, staff has conducted due diligence and determined that InfoSense, Inc. is the only vendor available to provide an acoustic system with the capability to determine the degree of clogging of pipes in the City of Arvin’s sanitary collection; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARVIN does hereby resolve, find, and order as follows:

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

Section 2. Use of Single Source Purchases are Authorized. The Council finds that the use of single source purchases per Council approved Ordinance 440 amending the City’s Municipal Code, is appropriate.

Section 3. Approval of Single Source Purchase. The Council approves purchase of the SL-Rat system and related technology, from InfoSenese, Inc. as a single source purchase in the amount of $35,500.00,
Section 4. Execution and Transmittal of the Purchase Agreement. The City Manager is hereby authorized and directed to take any action necessary to carry out the purposes of this Resolution concerning purchase of the SL-Rat system and related technology from InfoSense, Inc. in the amount of $35,500.00,
Section 5. Effectiveness. This Resolution shall take effect immediately upon its adoption.

6.H.2
Attachment: 2. Reso Sole Source Purchase of SL-Rat for Arvin WWTF_012825 (Purchase - SL-Rat from InfoSense for Arvin Wastewater Reso Approving Single Source Purchase of SL-Rate for Arvin Wastewater Treatment Facility.

Page 2 of 2 ends

I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Arvin at a regular meeting thereof held on the 28th day of January 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST
CECILIA VELA, City Clerk

CITY OF ARVIN
By:

OLIVIA CALDERON, Mayor
APPROVED AS TO FORM:

By:

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

6.H.2
Attachment: 2. Reso Sole Source Purchase of SL-Rat for Arvin WWTF_012825 (Purchase - SL-Rat from InfoSense for Arvin Wastewater Date: 09/06/24
Quote #: 2024-0906P1-GAC
Billing and Payment Address: 8116 South Tryon St, Suite B3-203, Charlotte, NC 28273 Prepared for: State Contact Phone # Fax # Email
CA Gerry Lemus [email protected]
Price List: US Price List
Job Title Phone # Fax # Email
CEO
Terms and Conditions
Shipment Terms: FOB Your Dock
Credit Terms: Net 30
Effective From: 09/06/24
Valid Through: 11/05/24
Line# Part Number Description Qty. Unit of Measure Price Net Price Extended Price 1 SL-RAT Standard Package* 1 ea $ 28,860.00 $ 28,860.00 $ 28,860.00 2 2nd Battery Charger (Optional) 1 ea $ 195.00 $ 195.00 $ 195.00 3 Safety Yellow Foam Frame Cushion (Optional) 1 set $ 230.00 $ 230.00 $ 230.00 5 Shipping & Handling** 1 ea $ 365.00 $ 365.00 $ 365.00 *Price includes storage bag, one battery charger, one-year limited warranty. A basic license to use the optional SL-DOG***software shall be available for $995/year. **Shipping & Handling/Insurance via UPS Ground Service. Excludes any additional applicable taxes, duties, or other government charges.

InfoSense is currently an approved vendor on BuyBoard, COSTARS, and TAUD. Please email [email protected] for more information. ***SL-DOG software consists of three components:
(1) A local client runs on a PC. It downloads the SL-RAT data from the device and is provided at no charge. (2) A cloud-based web portal set up for each customer that can assist with the management of SL-RAT data. It includes the ability to edit measurement data, add manhole ID's, add comments, manage data quality, review productivity and export the SL-RAT data in a variety of formats including Google Earth "kml", ArcGIS "SHP", Acrobat "pdf", and Excel or "csv". (3) A mobile APP for iOS and Android that can integrate with enterprise systems as well as enable entering notes and asset ID's in the field while conducting acoustic assessments.

Comments: (All returned or exchanged items are subject to 25% restocking fee.) Visit our website: www.infosense.com PAST WINNER WEF INNOVATIVE TECHNOLOGY AWARD Grand Total $29,650.00 Form Revision Date 01.18.2024
[email protected]
Sales Quote
InfoSense Contacts
City of Arvin 302-420-8733
Alex Churchill (877) 747-3245 x3 (704) 930-0145
All shipments are ARO, and subject to final verification upon receipt of order. All items will be shipped UPS ground unless otherwise specified. Please indicate whether partial shipment is acceptable. Shipping charges are Pre-Paid. An electronic copy of this quote may be provided for your convenience. InfoSense retains an original copy of all quotes and will consider the original to be the governing document.
9/9/2024 InfoSense, Inc. Page 1 of 1

6.H.3
Attachment: 3, 2024.09.06 Arvin CA (Purchase Quote -GAC) Final September 2024 (3) (Purchase - SL-Rat 8116 South Tryon Street
Suite B3-203
Charlotte, NC 28273 USA
V2022.03.01
October 1, 2024
To Whom It May Concern:

InfoSense, Incorporated in Charlotte, North Carolina is the sole supplier manufacturer, and distributor of the Sewer Line Rapid Assessment Tool or SL-RAT® and its supporting software the Sewer Line Data Organizer or SL-DOG®.

The SL-RAT line of acoustic pipe inspection equipment is patent-protected under U.S. Patent #8220484 and other pending patents. InfoSense manufactures the only product that uses Active Acoustic transmission between a transmitter and a receiver in adjacent manholes to provide an aggregate pipe blockage assessment.

The SL-RAT makes use of the fact that water and air flow similarly within a pipe. Our proprietary algorithms exploit this fact to assess blockage within a pipe segment – typically within 3 minutes or less and with no flow contact.

Sincerely,
Alex Churchill
CEO
InfoSense, Inc.

Past Winner WEF Innovative Technology Award

6.H.4
Attachment: 4. Sole Source Letter-InfoSense (2)_Redacted (Purchase - SL-Rat from InfoSense for Arvin Wastewater Treatment Facility) S
LRAT Recap
5/28/24to06/03/24

6.H.5
Attachment: 5. 2024.08.30 Recap PPT City of Arvin CA with cleaning (final) (Purchase - SL- Project Recap 4
Inspection
Days
1 Mile of Sewer Screened
1790
Average
Hourly Footag
e
3 Total
Hours

6.H.5
Attachment: 5. 2024.08.30 Recap PPT City of Arvin CA with cleaning (final) (Purchase - SL- S
LRAT Recap

6.H.5
Attachment: 5. 2024.08.30 Recap PPT City of Arvin CA with cleaning (final) (Purchase - SL- Inspection Results
50%
GOOD
20% 15%

BLOCKED POOR
15%
FAIR
20 Total Measurements 5,369 feet
inspected
2,569 feet
recommended for cleaning

SL -RAT
Score
<=4
*Assuminga program policy that cleans all lines that score 4 or below

6.H.5
Attachment: 5. 2024.08.30 Recap PPT City of Arvin CA with cleaning (final) (Purchase - SL- Anticipated Benefits and Savings
~4
Redeployed
Cleaning
Days*
**Assume water usage of 5 gal/ft to clean
10k-15k
Gallons of
FlushingWater
Saved**
Additional Benefits
* Assume average cleaningrate of 1,500-2,000 feet per day Estimated Savings
Estimated Cost to Clean Recommended Pipes
($1.00 - 2.00/ft) for 5,369 lf
$11k
Estimated Total Cost Cleaning after Veolia used
the SL-Rat for 2,859 lf
$5.7k
Estimated Cost to Clean All Pipe ($1.00 - 2.00/ft)
After Veolia using the jet trailer 2,569
$5.1k
Total Estimated Savings After Assessment SL-Rat
and Veolia ‘s work
$5.6k
Total full cost to clean and CCTV per year as per
SSMP
$96.5K
$15K

6.H.5
Attachment: 5. 2024.08.30 Recap PPT City of Arvin CA with cleaning (final) (Purchase - SL-

Page 1 of 3 ends

CITY OF ARVIN
Staff Report
Meeting Date: January 28, 2025
TO: Arvin City Council
FROM: Jeff Jones, City Manager / Finance Director
SUBJECT: Consideration and approval of Amendment No. 1 to Master Services Agreement No. 2023-31 dated December 4, 2023, between Veolia Sustainable Buildings USA West, Inc., formerly known as Enovity, Inc. and the City of Arvin for a contingency budget in the amount of $615,153.00 for payment for PG&E Utility Upgrades and other scope items for the City of Arvin’s Wastewater Treatment Plant Solar Renewable Energy Project, and related budget adjustments.

BACKGROUND:

At a regularly scheduled City Council meeting on November 28th, 2023, the City of Arvin City Council voted to contract with Veolia Sustainable Buildings USA West, Inc. (f/k/a Enovity, Inc.) (“Veolia”) to install a solar renewable energy generating system at the City of Arvin wastewater treatment plant to take advantage of the Net Energy Metering (NEM) v2.0 program that offered the City of Arvin first year savings of $233,091.00 with an estimated total energy saving over the life of the program of $16,859,478.00. The City applied for a one percent (1.0%) interest loan program through the California Energy Commission (“CEC”) and secured a $3,000,000 loan. The City also identified an additional $1,285,714.00 in potential Inflation Reduction Act (IRA) funding through the direct payment option for the Investment Tax Credit (“ITC”), for solar renewable energy systems for a total potential funding package of $4,285,714.00.

The Veolia contract was approved at $3,670,561.00 from the originally proposed $3,900,000.00 cost, as certain PG&E utility upgrades were not included in the Veolia contract as PG&E had then not provided a hard cost for the required upgrades. These additional costs from PG&E were anticipated, and a City-controlled contingency of $385,714.00 was included as an estimate of these PG&E costs, which was contained in the funding package submitted to and approved by the CEC, which is attached as Attachment 1 (see Exhibit A, Attachment 1, in the City of Arvin’s Loan Agreement 008-23-ECI). The actual cost from PG&E for the City’s transformer upgrade is currently estimated at $241,276.86, which was lower than the original estimate as illustrated below. This cost is still an estimate at this point until PG&E finalizes their engineering and cost proposal to upgrade the service.

6.I.1
Attachment: 1. SR - Veolia amend 1 (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Inc.)

Page 2 of 3 ends

The CEC Energy Conservation Assistance Act Approved Funding Package, executed by the City of Arvin, is attached to this staff report as Exhibit A.

Due to the fact that Veolia lowered the price for the solar renewable energy system from $3,900,000.00 to $3,670,561.00, the City’s available contingency increased $229,439.00, from $385,714.00 to $615,153.00.

To pay for the PG&E utility upgrades, the City could pay directly from the General Fund (OPTION #1) or the City could amend the contract with Veolia so that Veolia coordinates the PG&E work and pays PG&E and is then repaid by the City pursuant to the Veolia contract, which has extended payment terms tied to the City’s receipt of ITC funds (OPTION #2). A draft of an amendment to the Veolia contract accomplishing this section option is attached here as Attachment 2.

Staff has also thoroughly reviewed the financial pro forma and cash flows to ensure that the Return on Investment (ROI) to the City of Arvin remains intact. Staff has determined that the ROI’s originally presented by Veolia were conservative and assumed the entire contingency budget would be spent., that all City Controlled Contingencies would be used to install the project. To date, the City has not used all the contingency funds, and the ROI should increase if this remains the case throughout the rest of the project.

STAFF RECOMMENDATION:

Staff recommends that the Council pass a resolution to approve the contract Addendum #1 with Veolia and to give the City Manager the authority to charge any owner controlled contingency costs, subject to approval by the Arvin City Council if any individual change order exceeds $30,000.00, related to the Veolia Solar Renewable Energy System at the wastewater treatment plant project to the City Controlled Contingency budget as illustrated in the approved funding package by the California Energy Commission and Veolia contract.

6.I.1
Attachment: 1. SR - Veolia amend 1 (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Inc.)

Page 3 of 3 ends

OPTION #1:

CITY OF ARVIN PAYS PG&E AND OTHER SUBCONTRACTORS DIRECTLY FOR

PG&E AND OTHER POTENTIAL FUTURE UPGRADES FROM GENERAL FUND UP TO $615,153.00.

OPTION #2:

CITY OF ARVIN APPROVES VEOLIA CONTRACT ADDENDUM #1 TO INCLUDE

UPGRADE COSTS IN THE EXTENDED PAYMENT TERMS WITH VEOLIA UNTIL

ALL FUNDING IS SECURED WITH CALIFORNIA ENERGY COMMISSION AND

FEDERAL GOVERNMENT INVESTMENT TAX CREDIT DIRECT PAY AND NOT TO EXCEED TOTAL PROJECT COST OF $4,285,714.00 PER APPROVED FUNDING BUDGET.

ATTACHMENTS:

1. Veolia-Arvin – Amendment 1 to Solar MSA and SOW

2. City of Arvin CEC ECAA Loan Funding Package – “008-23-ECI Final Distribution”

3. Solar NEM 2.0 Cash Flow Analysis – City of Arvin – 12092024.pdf

6.I.1
Attachment: 1. SR - Veolia amend 1 (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Inc.) AMENDMENT NO. 1 TO

MASTER SERVICES AGREEMENT AND STATEMENT OF WORK
This Amendment No. 1 (this “Amendment”), with an effective date of [DATE], 2024, is an amendment to that certain Master Services Agreement (Agreement No. 2023-31), dated December 4, 2023 (the “Agreement”), by and between Veolia Sustainable Buildings USA West, Inc., formerly known as Enovity, Inc. (“Service Provider”), and the City of Arvin, California (“Client” and, together with Service Provider, the “Parties”).

RECITALS
WHEREAS, Client and Service Provider entered into the Agreement in order to provide for the implementation of renewable energy projects; and
WHEREAS, pursuant to the Agreement, the Parties entered into a Statement of Work, dated December 4, 2023, to construct a solar renewable energy system to provide renewable clean energy for Client’s Wastewater Treatment Plant (the “SOW”); and
WHEREAS, effective March 1, 2024, Service Provider changed its corporate name from Enovity, Inc. to Veolia Sustainable Buildings USA West, Inc.;
WHEREAS, the Parties wish to amend the Agreement to, among other things, reflect Service Provider’s name change and revise the SOW to provide for contingency funds under the SOW.

NOW, THEREFORE, in consideration of the mutual covenants and conditionscontained in this Amendment, the Parties agree as follows:

1. Capitalized terms used but not otherwise defined in this Amendment shall have the same meaning given to those terms in the Agreement.

2. The Parties understand and agree that the Service Provider’s legal name is “Veolia Sustainable Buildings USA West, Inc.” and the Parties hereby amend the Agreement such that wherever in the Agreement Service Provider’s name appears as “Enovity, Inc.”, for each such instance, Service Provider’s name is hereby deleted and replaced to read “Veolia Sustainable Buildings USA West, Inc.”

3. The Parties agree and affirm that the Effective Date of the Agreement is December 4, 2023 and that the SOW Effective Date is December 4, 2023.

4. Section 2 of the SOW is hereby amended to delete “$3,670,561.00” and replace it with “$4,285,714.00.”

5. The SOW is hereby amended by deleting in its entirety Schedule 1, Schedule of Values and replacing it with the Schedule 1, Schedule of Values attached to this Amendment.

6. This Amendment sets forth the entire agreement between the Parties with respect to the matters set forth herein. There have been no additional oral or written representations or agreements. Except as expressly modified or amended herein, all the terms and conditions set forth in

6.I.2
Attachment: 2. Veolia-Arvin - Amendment 1 to Solar MSA and SOW (Amend #1 to Master Services Agreement No. 2023-31 with Veolia the Agreement and the SOW remain unchanged, in full force and effect, and are incorporated by reference. In the event of a conflict between the provisions of the Agreement or the SOW and this Amendment, the provisions of this Amendment shall govern and control.

7. This Amendment may be executed in multiple counterparts, each of which is deemed an original but together constitute one and the same instrument, and a signature delivered by email or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signature. The individuals executing this Amendment represent and warrant that they have the right, power, legal capacity, and authority to enter into this Amendment on behalf of the respective legal entities of Service Provider and Client. This Amendment shall inure to the benefit of and be binding upon the Parties hereto and their respective successors and assigns. [Signature Page Follows]

6.I.2
Attachment: 2. Veolia-Arvin - Amendment 1 to Solar MSA and SOW (Amend #1 to Master Services Agreement No. 2023-31 with Veolia IN WITNESS WHEREOF, the undersigned warrant and represent that they have been duly authorized to sign this Agreement on behalf of their respective Parties:

CLIENT: SERVICE PROVIDER:

City of Arvin, California Veolia Sustainable Buildings USA West, Inc.

By: By:

Name: Name:

Title: Title:

APPROVED AS TO FORM:

By:

Name:

Title: City Attorney

6.I.2
Attachment: 2. Veolia-Arvin - Amendment 1 to Solar MSA and SOW (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Schedule 1
Schedule of Values
Item Description Amount
1 Program Development* $84,946.39
2 Project Management, Commissioning, and Closeout** $386,252.87 3 Performance Bond* $42,482.47
4 Engineering and Design $160,333.92
6 Solar Equipment $1,633,585.26
7 Earthwork and Centrate Line** $296,820.77
9 Installation Labor** $740,974.71
10 Warranty $89,664.61
11 Carrying Cost Fee** $235,500.00
12 Client’s Contingency*** $615,153.00
Total $4,285,714.00
*Due upon contract execution
**Billed over the project duration
***Client’s Contingency may be used to pay for contingency items and/or additional work to be performed by Service Provider to be documented by amendments to the SOW or additional Task Authorizations to be executed between Client and Service Provider.

Service Provider will invoice Client Contingency items in accordance with Section 4 of the Agreement.

Payments to be made in accordance with Section 4 of the Agreement; provided, however, that the Client may designate up to $1,000,000.00 in invoices for deferred payment such that Client will not be required to remit for payment to Service Provider such amounts designated for deferral until the earlier to occur of: (a) seven (7) days from the date of receipt by Client of Investment Tax Credit amounts from the United States Government related to the Project in an amount greater than or equal to the amount designated for deferral; and (b) five hundred and forty-seven (547) days from the invoice date of the first invoice designated for deferral.

6.I.2
Attachment: 2. Veolia-Arvin - Amendment 1 to Solar MSA and SOW (Amend #1 to Master Services Agreement No. 2023-31 with Veolia

STATE OF CALIFORNIA

LOAN AGREEMENT
CEC-142 (05/10)

CALIFORNIA ENERGY COMMISSION

BORROWER AGREEMENT NUMBER
City of Arvin 008-23-ECI ADDRESS AGREEMENT TERM
200 Campus Drive
Arvin, CA 93203
03/14/2024 to 09/30/2025
The effective date of this Agreement is the date the California Energy Commission signs the Agreement. No work is authorized, or shall begin until the California Energy Commission signs the Agreement. See the signature date below for effective start date.

The parties agree to comply with the terms and conditions of the following Exhibits which are by this reference made a part of the agreement.

Exhibit A – Energy Conservation Assistance Act Loan Agreement Page(s): 09 Exhibit A – Attachment 1 – Budget Detail/Project Cost and Savings Page(s): 01 Exhibit B – Promissory Note Page(s): 03
Exhibit B – Attachment 1 – Estimated Amortization Schedule Page(s): 02 Exhibit C – Contacts Page(s): 01

REIMBURSABLE AMOUNT
$ 3,000,000

MATCH SHARE
$ 0
TOTAL
$ 3,000,000
The undersigned parties have read the attachments to this agreement and will comply with the standards and requirements contained therein.

CALIFORNIA ENERGY COMMISSION RECIPIENT AUTHORIZED SIGNATURE DATE AUTHORIZED SIGNATURE DATE

NAME PHONE NAME PHONE
Adrienne Winuk (916) 891-8629
TITLE
Contracts, Grants and Loans Office Manager CALIFORNIA ENERGY COMMISSION ADDRESS 715 P Street, MS-18, Sacramento, CA 95814

EXHIBIT A

ENERGY CONSERVATION ASSISTANCE ACT LOAN AGREEMENT
This Loan Agreement (the “Agreement”) is entered into as of the date it is executed by both parties hereto, between the California Energy Resources Conservation and Development Commission (the “Energy Commission”) and the City of Arvin (the “Borrower”) located in Arvin, CA.

1. STATUTORY AUTHORITY AND LOAN
A. Pursuant to the purposes authorized by section 25410, et seq., of the California Public Resources Code (the “Energy Conservation Assistance Act”), the Energy Commission has approved the Borrower’s loan application dated July 3, 2023 which is not attached but is expressly incorporated by reference herein.

B. Subject to the terms, covenants, conditions, and including Special Conditions (if applicable) contained herein, and the Budget Detail/Summary of Project Cost and Savings attached as Exhibit A, Attachment 1 hereto to the extent it modifies the Borrower’s loan application, the Energy Commission shall make a loan to the Borrower (the “Loan”) in the amount of three million dollars ($3,000,000) evidenced by a Promissory Note (the “Promissory Note”) for loan number 008-23-ECI attached hereto as Exhibit B.

2. PURPOSE
The Borrower agrees to expend all funds disbursed pursuant to this Agreement only for the purposes and in the amounts set forth in Exhibit A, Attachment 1 (the “Project”). Any other use of funds disbursed hereunder shall require prior written approval by the Energy Commission.

3. LOAN DISBURSEMENT SCHEDULE
A. The Energy Commission agrees to disburse funds to the Borrower upon the Borrower’s execution of the attached Promissory Note and required supplemental documents, including invoices as required in Section 3.B below.

B. Loan funds shall be disbursed on a reimbursement basis based on invoices submitted by Borrower in a form approved by the Energy Commission.

Backup documentation for actual expenditures (such as timecards, vendor invoices, etc) and proof of payment must be provided to substantiate the request. Energy Commission staff will approve invoices only after verifying

6.I.3
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Loan Agreement Exhibit A 008-23-ECI
Rev. 3/16/23 GKCI Page 2 of 9 City of Arvin
requested amounts against backup billings and determining that expenses are appropriate and used for the authorized purposes of this Loan. For executed Agreements, invoices for expenses incurred during the Agreement Term are eligible for reimbursement.

C. All invoices must be submitted within sixty (60) days after Project completion.

D. The final ten percent (10%) of the Loan amount will be withheld as retention until the final report is received from the Borrower and the Commission’s Project Manager determines the Project has been satisfactorily completed.

4. LOAN REPAYMENT AND INTEREST
All funds disbursed hereunder, together with all interest payable thereon, shall be repaid to the Energy Commission in accordance with the terms of the Promissory Note. The Loan shall bear simple interest at the annual rate set forth in the attached Promissory Note on the principal balance of Loan funds disbursed to the Borrower. Payment of said interest shall be due at the time of semiannual scheduled Loan repayment installments to the Energy Commission, and interest shall accrue from the time of disbursal of funds to the Borrower until receipt of full Loan repayment to the Energy Commission.

5. TERM
A. The effective date of this Agreement shall be the date on which it has been executed by both parties hereto. No work is authorized, or shall begin until the Energy Commission signs the Agreement.

B. The Borrower agrees to complete performance of its obligations under this Agreement within the applicable periods stated in this Agreement.

6. PREPAYMENT
The Borrower shall have the right to prepay all or any part of the amount of this Loan at any time without penalty.

7. PROMISSORY NOTE
In order to evidence its debt to the Energy Commission hereunder, the Borrower agrees to, contemporaneously with the execution of this Agreement, execute and deliver to the Energy Commission the Promissory Note (attached as Exhibit B hereto).

8. ACCOUNTS, AUDITS, AND RECORDS
A. The Borrower agrees to establish on its books a separate account for this Loan. This account shall be maintained as long as the Loan obligation remains unsatisfied.

B. The Borrower further agrees to maintain records that accurately and fully show the date, amount, purpose, and payee of all expenditures drawn on said account for three (3) years after this Loan is repaid in full unless the Energy Commission requests a longer retention period.

C. The Borrower further agrees to utilize a voucher system by which all expenditures from said account will be authorized and authenticated.

D. The Borrower further agrees to allow the Energy Commission or any other agency of the State of California (the “State”) or their designated representatives, on written request, to have reasonable access to, and the right of inspection of, all records that pertain to said account or the Project.

The Borrower also agrees to submit to an independent audit, if requested by the Energy Commission, at the expense of the Borrower. Borrower agrees to maintain all such records for a minimum of three years after this Loan is repaid in full unless the Energy Commission notifies the Borrower, prior to the expiration of such three-year period, that a longer period of record retention is necessary.

9. SOURCE OF REPAYMENT; OPERATION OF PROJECT
A. Semiannual payments due to the Energy Commission under this Agreement shall be made from savings in energy costs or other legally available funds as the Borrower chooses. If the Borrower is a county, city, town, township, board of education, or school district, the Borrower agrees that the amount of the semiannual Loan repayment shall not be raised by the levy of additional taxes and shall not be an obligation against tax revenues, but shall be obtained either from savings in energy costs resulting from the subject energy conservation projects or other legally available funds as the Borrower chooses.

B. Energy cost savings as determined by the Energy Commission are based on energy usage and serving utility rate schedules at the time the Loan application is submitted, except as specified in Special Conditions, if any, as detailed in this Agreement, and the information and data contained in the Borrower’s loan application and technical study. The following will not affect the Energy Commission’s initial finding of energy cost savings, and are not a basis for claiming a lack of energy savings: a) changes in energy use and/or rate schedules which occur after submittal of the Loan application,

6.I.3
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Loan Agreement Exhibit A 008-23-ECI
Rev. 3/16/23 GKCI Page 4 of 9 City of Arvin
except as specified in Special Conditions, if any, as detailed in this Agreement, b) deviations in the Project work scope from what was approved by the Energy Commission, c) changes in the Borrower’s facility and/or equipment which occur after submittal of the Loan application, including, but not limited to maintenance, operations, schedules, employees and facility alterations and expansions, d) deviations, omissions or errors found in the loan application and technical study after submittal of the Loan application.

The Borrower is responsible for ensuring the accuracy of the information contained in its loan application and technical study. In the event annual energy cost savings resulting from the Project, as determined by the Energy Commission, fail to equal or exceed the amount due under this Agreement, this Agreement may be renegotiated to assure that the repayment amount does not exceed the actual energy savings or avoided costs resulting from the Project, and the Promissory Note will be revised accordingly. In no event, however, will the number of semiannual installments payable hereunder and under the Promissory Note exceed forty.

C. The Borrower shall obtain and maintain in its records any and all permits and licenses required to install or operate the Project and shall comply with all local, state, and federal laws, rules and codes concerning the Project.

The Borrower shall maintain the Project in good working order for the duration of the Loan and shall insure that staff members are provided appropriate training on the operation and maintenance of the Project. The Borrower shall maintain insurance on the Project and, in the event of any casualty loss covered by such insurance policy, apply the proceeds to the repair of the Project or, with the approval of the Energy Commission, may use the insurance proceeds to install alternate projects to generate alternative energy cost savings to repay the Loan.

D. The Borrower agrees to provide the Energy Commission with the following information for three years following completion of the Project, unless the Energy Commission requests a longer period: (1) the annual computation, required by Section 25414 of the Energy Conservation Assistance Act, of energy cost savings for the most recent fiscal year, calculated in the manner and provided in the format prescribed by the Energy Commission; and (2) any information or change in assumptions or operations which might affect the Energy Commission’s initial determination of energy savings.

E. The Borrower authorizes any official or agent of the Energy Commission or the State to conduct physical inspections of the Project before the commencement; during construction, installation and implementation of the Project; and at any time prior to the complete repayment of the Loan. In each contract entered into with suppliers of goods and services to install, conduct, or operate the Project, including management services, the Borrower shall include terms which allow any officer or agent of the Energy

6.I.3
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Loan Agreement Exhibit A 008-23-ECI
Rev. 3/16/23 GKCI Page 5 of 9 City of Arvin
Commission or the State access to the Project site and to any books, documents, or records directly relevant to the Project.

F. If, prior to final repayment of the Loan, the Borrower sells the equipment or material installed with the proceeds of the Loan or sells the building, facility or system in which the Project has been implemented, then the Borrower shall apply the sale proceeds to repay any remaining balance due under this Agreement in full at the time of such sale. The Borrower shall notify the Energy Commission within five business days of the date on which the Borrower enters into an agreement to effect such transaction. The Borrower shall repay the Energy Commission within 30 calendar days of receiving an invoice from the Energy Commission for the balance due.

G. In accordance with Section 25415 of the Energy Conservation Assistance Act, the Borrower covenants to take such action as may be necessary to include all payments due hereunder in its annual budget and to make the necessary annual appropriations for all such payments. The obligation of the Borrower to make such payments shall be limited to the savings realized by the Borrower as a result of implementing the Project funded by the Loan.

10. DEFAULT
A. The Borrower’s failure to comply with any of the terms of this Agreement shall constitute a breach of this Agreement and an event of default. In such case, the Energy Commission may declare this Agreement to have been breached and be released from any further performance hereunder.

B. In the event of any default or breach of this Agreement by the Borrower, the Energy Commission, without limiting any of its other legal rights or remedies, may, to the extent permitted by law, declare the Promissory Note evidencing this Loan to be immediately due and payable.

11. TERMINATION
A. With Cause
The Energy Commission may, at its option, terminate this Agreement with cause in whole or in part, at any time prior to the funding of the Loan, upon giving five (5) days advance notice in writing to the Borrower. "Cause" includes without limitation:
1) Failure to perform or breach of any of the terms or covenants at the time and in the manner provided in this Agreement; or

6.I.3
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Loan Agreement Exhibit A 008-23-ECI
Rev. 3/16/23 GKCI Page 6 of 9 City of Arvin
2) Significant change in Energy Commission or State policy such that the work or product being funded would not be supported by the Energy Commission; or
3) Reorganization to a business entity unsatisfactory to the Energy Commission.

B. Without Cause
The Energy Commission may, at its option, terminate this Agreement without cause in whole or in part, at any time prior to the funding of the Loan, upon giving thirty (30) days advance notice in writing to the Borrower.

12. REPORTING
A. Progress reports are due each calendar quarter until Project completion. At a minimum, Borrower shall submit progress reports in accordance with the following schedule:

PROGRESS REPORT SCHEDULE
For the Period Covering Report Due Date
January 1 through March 31 April 5th
April 1 through June 30 July 5th
July 1 through September 30 October 5th
October 1 through December 31 January 5th
B. A final report is due no later than (sixty) 60 days after Project completion.

C. The Energy Commission will not process an invoice unless the Borrower’s report submittals are up to date.

D. If requested by the Energy Commission, Borrower shall submit, within ten (10) days after the Energy Commission’s written request, a status report on its activities to date, pursuant to this Agreement.

E. Reports shall be in a format as determined by the Energy Commission.

F. The Borrower shall submit reports regarding energy savings as described in Section 9.D above.

13. GENERAL TERMS
A. Indemnification by the Borrower. The Borrower agrees to indemnify, defend, and save harmless the Energy Commission, the State, and their officers, agents, and employees from any and all claims, losses, or costs (including

6.I.3
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Loan Agreement Exhibit A 008-23-ECI
Rev. 3/16/23 GKCI Page 7 of 9 City of Arvin
reasonable attorney fees) arising out of, resulting from, or in any way connected with the Loan or this Agreement, or the financing or the operation of the facilities financed with the Loan.

B. Ownership of Equipment and Material. All equipment and material acquired under this Agreement shall become the property of the Borrower at time of purchase. The Borrower shall obtain and maintain in its records a written waiver of all claims, other than those previously made in writing and still unsettled, from each contractor who supplies goods and services, including management services, in connection with the Project.

C. Independent Capacity. The Borrower, and the agents and employees of the Borrower, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the Energy Commission or the State of California.

D. Assignment. Without the written consent of the Energy Commission, this Agreement is not assignable or transferable by the Borrower either in whole or in part. The Energy Commission may assign its rights under this Agreement for security purposes, and in such event the assignee of this Loan Agreement, including the bond trustee of any bonds which may be secured by repayment of this Loan, shall be entitled to enforce the provisions hereof and shall be a third party beneficiary of this Agreement.

E. Time of the Essence. Time is of the essence in this Agreement. Borrower is required to take timely actions which, taken collectively, move to completion of the purpose for which this Loan was awarded. The Commission Project Manager will periodically evaluate the progress toward completion. If the Commission Project Manager determines that the Borrower is not progressing toward completion within one (1) year after the effective date of this Agreement, the Commission Project Manager may, without penalty or prejudice to any of the Energy Commission’s other remedies, terminate this Agreement.

F. Amendment. No amendment or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto.

G. Severability. In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

6.I.3
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Loan Agreement Exhibit A 008-23-ECI
Rev. 3/16/23 GKCI Page 8 of 9 City of Arvin
H. Governing Law and Venue. This Agreement is governed by and shall be interpreted in accordance with the laws of the State of California. Venue shall be in Sacramento County.

I. Non-discrimination. During the performance of this Agreement, the Borrower and its contractors and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and family care leave. The Borrower and its contractors and subcontractors shall insure the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. The Borrower and its contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.).

The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this agreement by reference and made a part hereof as if set forth in full. The Borrower and its contractors and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. The Borrower and its contractors shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement.

J. Incorporation of Energy Conservation Assistance Act. The Energy Conservation Assistance Act, together with any applicable rules, regulations or procedures authorized by such statute, is incorporated by reference in this Agreement.

K. Borrower Authorization. The Borrower certifies it has full power and authority to enter into this Agreement, and this Agreement has been duly authorized, executed and delivered by the Borrower. The Borrower acknowledges the resolution of its governing body or other official action authorizing it to enter into this Agreement. The Borrower also authorizes such further acts as are necessary, including execution of the Promissory Note, to implement and further the intent of this Agreement.

L. Prevailing Wage. The Borrower shall comply with Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code relating to the payment of prevailing wage for work performed on the Project financed in whole or in part with the proceeds of the Loan.

6.I.3
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Loan Agreement Exhibit A 008-23-ECI
Rev. 3/16/23 GKCI Page 9 of 9 City of Arvin
M. Funding Eligibility. By signing this Agreement, Borrower certifies it is eligible to receive state funding under all applicable laws, including but not limited to Chapter 2.8 “Project Labor Agreements”, of Part 1, of Division 2 of the Public Contract Code.

14. NOTICE
Any notice required to be given to the Energy Commission hereunder shall be sent to the person and address listed under Legal Notices in Exhibit C, Contacts, or at such other address as the Energy Commission may designate in writing to the Borrower. Any notice required to be given to the Borrower hereunder shall be sent to the address shown for Borrower in this Agreement, or at such other address as the Borrower shall designate in writing to the Energy Commission. Notice to either party may be given using the following delivery methods: U.S. mail, overnight mail, or personal delivery, providing evidence of receipt, to the respective parties identified in this Agreement. Delivery by fax or e-mail is not considered notice for the purposes of this Agreement. Notice shall be effective when received, unless a legal holiday for the State commences on the date of the attempted delivery in which case the effective date shall be postponed 24 hours, or whenever the next business day occurs.

15. EXECUTIVE ORDER N-6-22 - RUSSIAN SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Borrower is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Borrower advance written notice of such termination, allowing Borrower at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State.

Borrower shall flow-down this term to all subcontracts funded in whole or in part by this Agreement.

6.I.3
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Budget Detail Exhibit A, Attachment 1 Loan agreement 008-23-ECI Rev November 13, 2019 Page 1 of 1 City of Arvin

EXHIBIT A
ATTACHMENT 1

BUDGET DETAIL/PROJECT COST AND SAVINGS
This loan is made to the City of Arvin (Borrower) for an energy savings project. The project consists of the energy generation measures listed in Table 1 below to be installed at one site in Arvin, CA in Kern County.

The table below summarizes the estimated project cost(s), saving(s), and simple payback(s) for the project.

TABLE 1: Summary of Project Cost and Savings:

Energy Efficiency Measures Estimated
Total
Project Cost
Energy
Commission
Loan
Estimated
Annual
Energy
Cost
Savings
Simple
Payback*
(Years)
Wastewater Treatment Plant:

Install 997.2 kW-DC ground
mounted solar PV system
$3,900,000 $3,000,000 $233,091 12.9
Wastewater Treatment Plant:

PG&E Utility Side Service
Upgrade
$385,714 $0 $0 N/A
TOTALS: $4,285,714 $3,000,000 $233,091 12.9
*The simple payback is based on the loan amount.

The Borrower shall implement each measure listed in Table 1.

If the Borrower does not complete one or more of the measures or deviates from the quantities and specifications listed in Table 1, the California Energy Commission (CEC) project manager will calculate the maximum loan amount supported by the project. The loan amount will be determined by the lesser of: 1) multiplying the annual energy cost savings by 17; 2) total project costs; or 3) approved loan amount.

The Borrower shall notify the CEC project manager in writing if the Borrower expects any information in Table 1 to change. CEC staff will advise the Borrower of the procedure to approve any changes. Written documentation is required for any changes to the information included in this attachment.

If the Borrower has received disbursements exceeding the maximum loan amount supported by the project, the Borrower shall refund the difference to the CEC within 30 days of notification.

EXHIBIT B

PROMISSORY NOTE
LOAN NUMBER: 008-23-ECI
PRINCIPAL AMOUNT: $3,000,000
INTEREST RATE: 1%

1. For value received, the undersigned, (hereinafter referred to as the “Borrower”), promises to pay to the order of the State of California, Energy Resources Conservation and Development Commission (hereinafter referred to as the “Energy Commission”), at its principal place of business at 715 P Street, Sacramento, California 95814, or at such other place as the Energy Commission may designate the principal sum of three million dollars ($3,000,000) or such lesser amount as shall equal the aggregate amount disbursed to the Borrower by the Energy Commission pursuant to the above-referenced Energy Conservation Assistance Act Loan Agreement (the “Loan Agreement”) between the Borrower and the Energy Commission, together with interest thereon at the rate of 1% percent per annum on the unpaid principal, computed from the date of each disbursement to the Borrower. Principal, together with interest thereon, is due and payable in semiannual installments as specified in the Estimated Amortization Schedule, attached hereto as Exhibit B, Attachment 1 and as amended in the Final Amortization Schedule, beginning on or before December 22 of the fiscal year following the year in which the Project is completed and continuing thereafter on each June 22 and December 22 until said principal and interest shall be paid in full. The Final Amortization Schedule, and any amended Final Amortization Schedule(s), are not attached but are expressly incorporated by reference herein.

2. Payments received will be first applied to billed interest, if any, and the balance, if any, to principal. If all principal is repaid, the balance is applied to accrued interest.

3. Payment of any scheduled installment received within thirty (30) days of the due date shall be considered to have been received on the due date. Interest on the principal portion of the payment accrues through the due date.

4. Payment of any scheduled installment received more than thirty (30) days after the due date shall be considered late. Interest on the principal portion of the payment accrues through the actual date payment is received.

5. The Borrower may prepay this Promissory Note in full or in part, without penalty.

6. In accordance with Section 25415 of the Energy Conservation Assistance Act, the Borrower covenants to take such action as may be necessary to include all payments due hereunder in its annual budget and to make the necessary annual appropriations for all such payments. The obligation of the Borrower to make

6.I.3
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Non-Bond Funded Promissory Note Exhibit B 008-23-ECI
Rev. January 24, 2017 GKLFEB 2 of 3 City of Arvin
such payments shall be limited to the savings realized by the Borrower as a result of implementing the Project funded by the Loan.

7. If any installment is not paid within thirty (30) days after its due date, the Energy Commission, at its option, may require the Borrower to pay a late charge equal to five percent (5%) of the amount of the installment or Five Dollars ($5.00), whichever is greater.

8. On the occurrence of any event of default, the Energy Commission, at its sole election and without limiting any of its other legal rights or remedies, may, to the extent permitted by law, declare all or any portion of the principal and accrued interest on this Promissory Note to be immediately due and payable and may proceed at once without further notice to enforce this Promissory Note according to law.

9. Each of the following occurrences shall constitute an event of default:

A. Failure of the Borrower to repay any principal or interest when due under the terms of this Promissory Note;
B. Termination of the Loan Agreement pursuant to the terms thereof or breach by the Borrower of any terms of said Loan Agreement; C. Failure of the Borrower to undertake in a timely way the express and implied activities for which said Loan Agreement has been executed; D. Failure of the Borrower to obtain prior written Energy Commission approval before undertaking a change in the scope of the activities for which said Loan Agreement has been executed; or
E. Occurrence of: (1) the Borrower becoming insolvent or bankrupt or being unable or admitting in writing its inability to pay its debts as they mature or making a general assignment for the benefit of or entering into any composition or arrangement with creditors; (2) proceedings for the appointment of a receiver, trustee, or liquidator of the assets of the Borrower or a substantial part thereof, being authorized or instituted by or against the Borrower; or (3) proceedings under any bankruptcy, reorganization, readjustment of debt, insolvency, dissolution, liquidation or other similar law, or any jurisdiction being authorized or instituted against the Borrower.

10. No delay or failure of the Energy Commission in the exercise of any right or remedy hereunder or under any other agreement which secures or is related hereto shall affect any such right or remedy, and no single or partial exercise of any such right or remedy shall preclude any further exercise thereof, and no action taken or omitted by the Energy Commission shall be deemed a waiver of any such right or remedy.

11. Any notice to the Borrower provided for in this Promissory Note shall be given by mailing such notice by certified mail, return receipt requested, addressed to the Borrower at the address stated in the Loan Agreement, or to such other address as the Borrower may designate by notice to the Energy Commission. Any notice to the Energy Commission shall be given by mailing such notice by certified mail, return receipt requested, to the Energy Commission at the address stated in the Loan Agreement, or at such other address as may have been designated by notice to the Borrower.

12. If suit is brought to collect any part of this Promissory Note, the Energy Commission shall be entitled to collect all reasonable costs and expenses of said suit and any appeal therefrom, including reasonable attorney’s fees.

13. This Promissory Note shall be binding upon the Borrower and its permitted successors and assigns and upon the Energy Commission and its permitted successors and assigns. Without the written consent of the Energy Commission, this Promissory Note is not assignable or transferable by the Borrower either in whole or in part. The Energy Commission may assign its rights under this Promissory Note for security purposes, and in such event the assignee of this Promissory Note, including the bond trustee of any bonds which may be secured by repayments of this Promissory Note, shall be entitled to enforce the provisions hereof and shall be a third party beneficiary of this Promissory Note.

14. This Promissory Note shall be construed and enforced in accordance with the laws of the State of California.

City of Arvin

BORROWER

PRINTED NAME OF AUTHORIZED

REPRESENTATIVE

AUTHORIZED SIGNATURE
TITLE
DATE

6.I.3
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Unscheduled
Interest Amount
Payment 25 12/22/2038 $2,296.01 $115,922.92 $2,296.01 $113,626.91 $344,319.56 $112,495.97 $571,022.11
Payment 24 6/22/2038 $2,847.29 $115,922.92 $2,847.29 $113,075.63 $457,946.48 Payment 23 12/22/2037 $3,426.95 $115,922.92 $3,426.95
$111,376.24 $795,474.52
Payment 22 6/22/2037 $3,966.48 $115,922.92 $3,966.48 $111,956.44 $683,518.08 Payment 21 12/22/2036 $4,546.68 $115,922.92 $4,546.68
$110,267.77 $1,017,671.39
Payment 20 6/22/2036 $5,102.30 $115,922.92 $5,102.30 $110,820.62 $906,850.76 Payment 19 12/22/2035 $5,655.15 $115,922.92 $5,655.15
$109,170.17 $1,237,690.58
Payment 18 6/22/2035 $6,171.50 $115,922.92 $6,171.50 $109,751.42 $1,127,939.16 Payment 17 12/22/2034 $6,752.75 $115,922.92 $6,752.75
$108,083.45 $1,455,525.98
Payment 16 6/22/2034 $7,257.69 $115,922.92 $7,257.69 $108,665.23 $1,346,860.75 Payment 15 12/22/2033 $7,839.47 $115,922.92 $7,839.47
$107,007.53 $1,671,199.25
Payment 14 6/22/2033 $8,333.10 $115,922.92 $8,333.10 $107,589.82 $1,563,609.43 Payment 13 12/22/2032 $8,915.39 $115,922.92 $8,915.39
$105,942.54 $1,884,680.47
Payment 12 6/22/2032 $9,449.22 $115,922.92 $9,449.22 $106,473.70 $1,778,206.77 Payment 11 12/22/2031 $9,980.38 $115,922.92 $9,980.38
$104,887.86 $2,096,094.17
Payment 10 6/22/2031 $10,451.76 $115,922.92 $10,451.76 $105,471.16 $1,990,623.01 Payment 9 12/22/2030 $11,035.06 $115,922.92 $11,035.06
$103,843.65 $2,305,409.49
Payment 8 6/22/2030 $11,495.47 $115,922.92 $11,495.47 $104,427.45 $2,200,982.03 Payment 7 12/22/2029 $12,079.27 $115,922.92 $12,079.27
$102,809.81 $2,512,647.24
Payment 6 6/22/2029 $12,528.82 $115,922.92 $12,528.82 $103,394.10 $2,409,253.14 Payment 5 12/22/2028 $13,113.11 $115,922.92 $13,113.11
$101,786.59 $2,717,753.97
Payment 4 6/22/2028 $13,626.00 $115,922.92 $13,626.00 $102,296.92 $2,615,457.05 Payment 3 12/22/2027 $14,136.33 $115,922.92 $14,136.33
$79,101.00 $2,920,899.00
Payment 2 6/22/2027 $14,564.48 $115,922.92 $14,564.48 $101,358.44 $2,819,540.56 Payment 1 12/22/2026 $36,821.92 $115,922.92 $36,821.92
Principal Payment Principal Balance
Disbursement 1 9/30/2025 $0.00 ($3,000,000.00) $0.00 ($3,000,000.00) $3,000,000.00 Trans #
Payment
Date Accrued Interest Payment Amount Interest Payment
Interest Rate: 1.00% Annual Energy Savings: $233,091.00 Transaction Date
Payment
Number
e
Num
Receipt
Number
Disbursement
Amount
Billing Invoice
Interest Amount
Repay Principal
Amount
Repay Interest
Amount
Unscheduled
Principal Amount
Recipient: City of Arvin Estimated Disbursement Date: 9/30/2025 Loan Amount: $3,000,000.00 Estimated Project Completion Date: 9/30/2025 State of California
Energy Resources Conservation
and Development Commission
715 P Street
Sacramento, California 95814-5512
ATTACHMENT 1 - ESTIMATED AMORTIZATION SCHEDULE
Loan Number: 008-23-ECI Number of Payments: 28

Page 1 of 2 ends

6.I.3
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, State of California
Energy Resources Conservation
and Development Commission
715 P Street
Sacramento, California 95814-5512
$114,769.20 $115,344.32
Payment 28 6/22/2040 $578.30 $115,922.63 $578.30 $115,344.33 $0.00 Payment 27 12/22/2039 $1,153.72 $115,922.92 $1,153.72
Payment 26 6/22/2039 $1,716.88 $115,922.92 $1,716.88 $114,206.04 $230,113.52

Page 2 of 2 ends

6.I.3
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West, Exhibit C
Contacts
Contacts Exhibit C 008-23-ECI
Rev. September 25, 2020 Page 1 of 1 City of Arvin
California Energy Commission Recipient
Commission Agreement Manager:

Sean Lockwood
California Energy Commission
715 P Street
Sacramento, CA 95814
Phone: (916) 891-9074
Fax:
e-mail: [email protected]
LEA/Applicant Project Manager:

Name: Jeff Jones
City Manager, City Finance Direct and
Direct of Public Works
Address: 200 Campus Drive
Arvin, CA 93203
Phone: 661-854-3134
e-mail: [email protected]
Energy Commission Loan Officer:

California Energy Commission
Contracts, Grants, and Loans Officer
715 P Street
Sacramento, CA 95814
LEA/Applicant Accounting Officer:

Name: Jeff Jones
City Manager, City Finance Direct and
Direct of Public Works
Address: 200 Campus Drive
Arvin, CA 93203
Phone: 661-854-3134
e-mail: [email protected]

Invoices, Progress Reports and
Non-Confidential Deliverables to:

California Energy Commission
Accounting Officer
Email PDF invoices and reports to
[email protected]
LEA/Applicant Accounting Officer:

Name: Jeff Jones
City Manager, City Finance Direct and
Direct of Public Works
Address: 200 Campus Drive
Arvin, CA 93203
Phone: 661-854-3134
e-mail: [email protected]
Legal Notices:

Loans Manager
715 P Street
Sacramento, CA 95814
Phone: (916) 237-2515
e-mail:

[email protected]
LEA/Contractor:

Name: Mirna Romero
Address: Veolia North America
100 Montgomery St., Suite 600
San Francisco, CA 94104
Phone: 916 712 6665
e-mail: [email protected]

6.I.3
Attachment: 3. 008-23-ECI Final Distribution (Amend #1 to Master Services Agreement No. 2023-31 with Veolia Sustainable Buildings USA West,

CONFIDENTIAL & PROPRIETARY
Year Annual ECAA Loan
Payment O&M & PeGu
Maintenance Savings &
Avoided Capital
Expenditure
Grants, Rebates &
Incentives
Projected Utilty Cost
Reduction Annual Cost Savings Cumulative Cost
Savings
0 $ - $ - $ 380,000 $ - $ 233,091 $ 613,091 $ 613,091
1 $ 247,244 $ 24,975 $ - $ 1,285,714 $ 247,076 $ 1,260,571 $ 1,873,662 2 $ 247,244 $ 25,724 $ - $ - $ 261,901 $ (11,068) $ 1,862,595 3 $ 247,244 $ 26,496 $ - $ - $ 277,615 $ 3,875 $ 1,866,469 4 $ 247,244 $ 27,291 $ - $ - $ 294,272 $ 19,737 $ 1,886,206 5 $ 247,244 $ 28,110 $ - $ - $ 311,928 $ 36,574 $ 1,922,780 6 $ 247,244 $ 28,953 $ - $ - $ 330,644 $ 54,447 $ 1,977,227 7 $ 247,244 $ 29,821 $ - $ - $ 350,483 $ 73,417 $ 2,050,644 8 $ 247,244 $ 30,716 $ - $ - $ 371,512 $ 93,551 $ 2,144,195 9 $ 247,244 $ 31,638 $ - $ - $ 393,802 $ 114,920 $ 2,259,115 10 $ 247,244 $ 32,587 $ - $ - $ 417,430 $ 137,599 $ 2,396,715 11 $ 247,244 $ 33,564 $ - $ - $ 442,476 $ 161,668 $ 2,558,382 12 $ 247,244 $ 34,571 $ - $ - $ 469,025 $ 187,209 $ 2,745,591 13 $ 247,244 $ 35,608 $ - $ - $ 497,166 $ 214,314 $ 2,959,905 14 $ - $ 36,677 $ - $ - $ 526,996 $ 490,320 $ 3,450,225 15 $ - $ 37,777 $ - $ - $ 558,616 $ 520,839 $ 3,971,064 16 $ - $ 38,910 $ - $ - $ 592,133 $ 553,223 $ 4,524,287 17 $ - $ 40,078 $ - $ - $ 627,661 $ 587,584 $ 5,111,870 18 $ - $ 41,280 $ - $ - $ 665,321 $ 624,041 $ 5,735,911 19 $ - $ 42,518 $ - $ - $ 705,240 $ 662,722 $ 6,398,633 20 $ - $ 214,164 $ - $ - $ 747,554 $ 533,391 $ 6,932,023 21 $ - $ 45,108 $ - $ - $ 792,408 $ 747,300 $ 7,679,324 22 $ - $ 46,461 $ - $ - $ 839,952 $ 793,491 $ 8,472,815 23 $ - $ 47,855 $ - $ - $ 890,349 $ 842,495 $ 9,315,309 24 $ - $ 49,290 $ - $ - $ 943,770 $ 894,480 $ 10,209,789 25 $ - $ 50,769 $ - $ - $ 1,000,396 $ 949,627 $ 11,159,417 26 $ - $ 52,292 $ - $ - $ 1,060,420 $ 1,008,128 $ 12,167,545 27 $ - $ 53,861 $ - $ - $ 1,124,045 $ 1,070,185 $ 13,237,729 28 $ - $ 55,477 $ - $ - $ 1,191,488 $ 1,136,011 $ 14,373,741 29 $ - $ 57,141 $ - $ - $ 1,262,977 $ 1,205,836 $ 15,579,577 30 $ - $ 58,855 $ - $ - $ 1,338,756 $ 1,279,901 $ 16,859,478 Totals $ 3,214,178 $ 1,358,566 $ 380,000 $ 1,285,714 $ 19,766,508 $ 16,859,478 $ 16,859,478 Return on Investment 393.39%
Notes:

01.)Veolia Sustainable Buildings USA West, Inc. is not a Municipal Financial Advisor and this tool is used to confirm if the proposed project is "Budget Neutral" or better in compliance with CA Government Code 4217.

02.) Project has been sized to take advantage of the Federal Investment Tax Credit (ITC) to be paid to the City of Arvin directly through Inflation Reduction Act granting these tax credits as a cash payment to municipalities.

03.) Project savings are based upon securing the Net Energy Metering v2.0 program.

04.) Financing to be secured through the Califorina Energy Commission (CEC) Energy Conservation Assitance Act (ECAA) (1% Interest) Loan Program

05.) CEC ECAA Loan Program will require City of Arvin to make progress payments during construction and submitt copy of invoice and check for reimbursement monthly.

06.) Veolia will finance the project balance remaining after CEC ECAA Loan until the cash Federal ITC Cash Payment is received. Not to exceed one year.

07.) Scope of work includes relocation of the Centrate Line

08.) Scope of work includes all electrical switchgear upgrades from 800 amps main service to 2000 amp main service on the customer side of the meter. Utility side upgrades to be funded by owner controlled contingency.

09.) Scope of work does not include tax consulting services that may be required to secure the Federal Investment Tax Credit (ITC) Direct Payment Option for Municipalities.

ASSUMPTIONS & INPUTS
BASE PROJECT COST $ 3,670,561
CITY CONTROLLED CONTINGENCY $ 615,153
TOTAL PROJECT COST $ 4,285,714
ECAA LOAN AMOUNT $ 3,000,000
ECAA FINANCE TERM (YEARS) 13
ECAA INTEREST RATE 1.00%
FINANCED AMOUNT $ -

FINANCE TERM (YEARS) -
INTEREST RATE 0.00%
TEML # YEAR DEFERRAL 0
UTILITY ESCALATION 6.0%
CALCULATED SAVINGS $ 233,091
SOLAR O&M COST $ 24,975
O&M/MAINT ESCALATION 3.0%
TOTAL SGIP $ -

FINANCIAL PRO FORMA
Solar Renewable Energy System Located

6.I.4
Attachment: 4. Solar NEM 2.0 Cash Flow Analysis - City of Arvin - 12092024 (Amend #1 to Master Services

Page 1 of 2 ends

Staff Report re: Approval of Public Works Agreement to Bowman Asphalt for Transit Parking Lot Improvements.

CITY OF ARVIN
Staff Report
Meeting Date: January 28, 2025
TO: Arvin City Council
FROM: Sam D. Lux, City Engineer
Jeff Jones, City Manager / Finance Director
SUBJECT: Approval of the City Council of the City of Arvin Awarding A Public Works Agreement, Subject to Approval as to Form by the City Attorney, to Bowman Asphalt for the Removal of Concrete Barriers and Asphalt Paving for Transit Parking Lot Improvements Based on Urgent Need.

BACKGROUND:

The City of Arvin Transit Division recently purchased two new electric buses to enhance service levels and improve ridership capabilities. The City was notified in November that the electric bus was in production, with an anticipated delivery date of February 2025. The addition of this bus requires upgrades to the existing transit center parking and charging infrastructure to accommodate the new vehicles. These improvements, including restriping, asphalt paving, concrete work, and electrical charger installation, are estimated to exceed $30,000, necessitating a formal bidding process under normal circumstances.

1. Urgency of Timeline:

A formal bidding process typically requires several months, including preparation, advertisement, bid evaluation, and contract award. This timeline cannot be accommodated within the electric bus's delivery schedule. Delaying the improvements would risk the City's inability to park, charge, or integrate the new bus into its fleet upon delivery, rendering the investment temporarily unusable and impacting public transit services. Additionally, these very costly electric buses are grant-funded, and the City must guard the security of the buses, assuring they are behind a secure and protected security gate.

2. Operational Necessity:

The lack of proper infrastructure upon the bus's arrival would disrupt transit operations and contradict the City’s efforts to enhance ridership and service reliability. Without the necessary improvements, the City would face operational and financial inefficiencies, including potential costs for temporary storage or charging solutions.

3. Scope and Specialized Work:

The required work includes specific tasks such as HMA paving, concrete installation for sidewalks, curbs, and gutters, and electrical infrastructure for the charger. Engaging a

6.J.1
Attachment: Staff Report Award PW Agmt to Bowman Asphalt for Transit Parking Lot Improvements_012825 (Awarding Public Works

Page 2 of 2 ends

Staff Report re: Approval of Public Works Agreement to Bowman Asphalt for Transit Parking Lot Improvements. qualified contractor directly ensures that these complex, interdependent tasks are completed promptly and correctly, minimizing the risk of delays or rework.

4. Mitigation of Risk:

Proceeding with a sole source procurement reduces the risk of failing to meet the operational deadline. It ensures alignment between the contractor's schedule and the delivery timeline of the electric bus, safeguarding the City's transit capabilities and public service commitments.

The City of Arvin has an immediate need to remove concrete curbs and repave the asphalt in the City Hall parking lot to make sufficient room for two new electric buses expected to arrive within the next 30 days. These are very valuable buses and must be secured within the City Hall lot. As such, the City has an urgent need to remove several concrete curbs, and pave and restripe the lot to make room for the new buses. The City Engineer requested and received quotes as follows:

Bowman Asphalt $ 70,741.

Westrock General Engineering $ 75,134.

The City Engineer also prepared an independent cost evaluation of the project, and that independent cost evaluation was determined to be $ 94,772. Therefore, due to the urgency of the need and the reasonableness of the two quotes received, the City recommends moving forward with an award of a public works agreement to Bowman Asphalt.

Conclusion:

To address the time-sensitive nature of these improvements and ensure the City of Arvin can seamlessly integrate the new electric bus into its fleet, City staff recommend proceeding with the procurement of the project based on the quotes received for the necessary transit center upgrades.

This approach is essential to maintaining uninterrupted transit services, maximizing the utility of the new bus, and upholding the City’s commitment to improved public transportation.

STAFF RECOMMENDATION:

Staff Recommends approval of a public works agreement to Bowman Asphalt.

FINANCIAL IMPACT:

The cost of these improvements is $70,741, as estimated on the quote from Bowman Asphalt.

This cost is eligible for reimbursement on the company's annual TDA transit fund claim.

ATTACHMENTS:

Quotes from Bowman Asphalt and Westrock Engineering; City Engineer’s independent cost evaluation.

6.J.1
Attachment: Staff Report Award PW Agmt to Bowman Asphalt for Transit Parking Lot Improvements_012825 (Awarding Public Works AGREEMENT NO. _________

PUBLIC WORKS AGREEMENT
By and Between

CITY OF ARVIN
and
_____________

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works -2-
AGREEMENT NO. ___________

PUBLIC WORKS AGREEMENT

BETWEEN

THE CITY OF ARVIN
AND
____________________________.

THIS PUBLIC WORKS AGREEMENT (“Agreement”) is made and entered into this ____ day of , _______ by and between the CITY OF ARVIN, a municipal corporation (“City”) and ______________________., a California Corporation/LLC/Partnership/Etc. (“Contractor”). City and Contractor may sometimes be referred to herein as a “Party” or collectively as the “Parties.”

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

B. Following submission of the lowest responsible and responsive bid for the performance of the services, Contractor was selected by the City to perform those services.

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

D. The Parties desire to formalize the selection of Contractor for performance of the services and desire that the terms of that performance be as particularly defined and described herein.

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

ARTICLE 1. WORK OF CONTRACTOR

1.1 Scope of Work.

The Contractor shall perform all of the work, furnish all labor, materials, equipment, tools, utility services, and transportation, and comply with all of the specifications and requirements set forth in the Contract Documents for the project entitled _______________________________ (“Project”), in accordance with the terms and conditions of this Agreement, which may be referred to as the “services” or “work” hereunder. All such work shall be performed in a good and workmanlike manner, as reasonably determined by the City, and shall be performed in strict compliance with the Contract Documents and all local, state, and federal laws and regulations. As used herein, “Contract Documents” refers to all of the documents included in the solicitation of bids for the Project and Contractor’s bid proposal(s), including but not limited to, the Notice Inviting Bids, Instructions to Bidders, Bid, Federal Provisions, Applicable Federal Wage Decision (if any), General Provisions, Special Provisions, Appendices, Plans, Drawings,

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works -3-
and Addenda, and any other documents included, referenced, or incorporated therein. The Contract Documents are incorporated into this Agreement. In the event of any conflict or inconsistency between the terms of the Contract Documents and this Agreement, the terms of this Agreement shall govern.

1.2 Incorporation of Caltrans Specifications.

The provisions of the Caltrans Standard Specifications (as the same may be updated, amended, or supplemented from time to time, “Standard Specifications”) are incorporated herein, except as explicitly modified by the Contract Documents. The applicable version of the Standard Specifications shall be the version referenced in the Contract Documents, and if no version is referenced in the Contract Documents, the applicable version shall be the most recent version. In the event of any conflict or inconsistency between the provisions of the Standard Specifications and this Agreement, the terms of this Agreement shall govern.

1.3 Compliance with Labor and Wage Laws.
(a) Public Work. The Parties acknowledge that the work to be performed under this Agreement is a “public work” as defined in Labor Code Section 1720 and that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works contracts and the rules and regulations established by the Department of Industrial Relations (“DIR”) implementing such statutes. The work performed under this Agreement is subject to compliance monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by state law and DIR regulations. (b) Registration with DIR. Pursuant to Labor Code Section 1771.1, Contractor and all subcontractors must be registered with, and pay an annual fee to, the DIR prior to and during the performance of any work under this Agreement. Contractor shall notify the City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contractor’s or any of its subcontractors’ DIR registration status has been suspended, revoked, expired, or otherwise changed. (c) Prevailing Wages. Contractor shall pay prevailing wages as required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at City Hall and will be made available to any interested Party on request. By initiating any work under this Agreement, Contractor acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job site where work is performed under this Agreement. If this Agreement is subject to the payment of federal prevailing wages under the Davis-Bacon Act (40 U.S.C. § 3141 et seq.), then Contractor shall pay the state or federal prevailing wage applicable to each laborer, whichever is higher. (d) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. (e) Payroll Records. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works -4-
and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform the City of the location of the records.
(f) Apprentices. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within sixty (60) days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement. (g) Eight-Hour Workday. Contractor acknowledges that eight (8) hours labor constitutes a legal day’s work. Contractor shall comply with and be bound by Labor Code Section 1810. (h) Penalties for Excess Hours. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the performance of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay. (i) Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees if it has employees. In accordance with the provisions of California Labor Code Section 1861, Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.”
(j) Contractor’s Responsibility for Subcontractors. For every subcontractor who will perform work under this Agreement, Contractor shall be responsible for such subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code and shall make such compliance a requirement in any contract with any subcontractor for work under this Agreement. Contractor shall take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a review of the certified payroll records of the subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any such failure by any subcontractor.

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works -5-

1.4 Licenses, Permits, Fees and Assessments.

Contractor shall obtain at its sole cost and expense such licenses, permits, registrations, and approvals as may be required by law for the performance of the services required by this Agreement.

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

1.5 Familiarity with Work.

By executing this Agreement, Contractor warrants that Contractor (i) has thoroughly investigated and considered the Scope of Work to be performed, (ii) has carefully considered how the work should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the work under this Agreement. If the services involve work upon any site, Contractor warrants that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder.

1.6 Discovery of Unknown Conditions.
(a) Pursuant to Public Contract Code Section 7104, Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any: (i) material Contractor believes may be hazardous waste as defined in Section 25117 of the Health & Safety Code required to be removed to a Class I, II, or III disposal site in accordance with existing law; (ii) subsurface, unknown, or latent physical conditions at the Project site, materially different from those indicated by information about the Project site made available to bidders prior to the deadline for submitting bids on the Project; or (iii) unknown physical conditions at the Project site of any unusual nature, different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement, that will materially affect the performance of Contractor’s services hereunder. (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, the performance of any part of the work, the City shall issue a change order in accordance with Section 1.11 of this Agreement.
(c) In the event that a dispute arises between City and Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the work, Contractor shall not be excused from any scheduled completion date set, but shall proceed with all work to be performed under this Agreement. Contractor shall retain any and all rights provided either by contract or by law, which pertain to the resolution of disputes and protests between the Parties.

1.7 Unidentified Utilities.

To the extent required by Government Code Section 4215, City will compensate Contractor for the cost of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works -6-
removing or relocating utility facilities not identified by City in the Contract Documents with reasonable accuracy, and for equipment on the Project necessarily idled during such work. Nothing herein shall be deemed to require City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the Project site can be inferred from the presence of other visible facilities, such as buildings, meters, and junction boxes, on or adjacent to the Project site of the construction; provided, however, nothing herein shall relieve City from identifying main or trunklines in the plans and specifications. If Contractor, while performing the work, discovers utility facilities not identified by City in the plans or specifications, Contractor shall immediately notify City and the utility in writing. This Agreement is subject to Government Code Sections 4126 through 4216.9. Contractor must notify utilities and obtain an identification number before excavation or be subject to liability for damages to subsurface installations.

1.8 Trench Excavation.

Pursuant to Labor Code Section 6705, if this Agreement is for more than $25,000 and requires the excavation of any trench or trenches five feet or more in depth, Contractor shall submit, in advance of such excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. The plan shall be reviewed and accepted by the City, or a registered civil or structural engineer employed by the City to whom authority has been delegated, prior to the excavation. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

This Section 1.8 shall not be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders (set forth in the California Code of Regulations, Title 8, Subchapter 4). This Section 1.8 shall not be construed to impose tort liability on the City or any of its employees. Full compensation for sheeting, shoring, bracing, sloping, and all other provisions required for worker protection shall be considered as included in the contract price shown in the appropriate Bid item in the Contract Documents, and no additional compensation will be allowed therefor.

1.9 Protection and Care of Work and Materials.

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

1.10 Warranty.

Contractor warrants all work under this Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed or corrected and any non-conforming construction or materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in this Agreement, or the Contract Documents, or in any guarantee or warranty

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works -7-
provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance of the Project by the City, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the work or non-conformance of the work to the requirements under this Agreement, commence and prosecute with due diligence all work necessary to fulfill the terms of the warranty at its sole cost and expense. Notwithstanding the foregoing, Contractor shall act as soon as requested by the City in response to any emergency condition or situation. In addition, Contractor shall, at its sole cost and expense, repair, remove and replace any portions of the work (or work of its subcontractors) damaged by its defective work or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of this Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers, and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement or the Contract Documents, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work or materials at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

1.11 Additional Work and Change Orders.

Change orders shall be processed as provided in the Standard Specifications, as may be amended by the Contract Documents and as follows:

The City Manager or their designee shall have authority to fully execute change orders up to any compensation or time extension constraints that may be imposed by the City Council, if any at the time of approval of this agreement.

1.12 Grant Fund Requirements.
(a) Federal Funds; Uniform Requirements. If the Project is funded in whole or in part by federal funds, as indicated in Contract Documents, City and Contractor shall comply with all applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) (“Uniform Requirements”), which are incorporated herein by reference.

In the event of any inconsistency between the applicable Uniform Requirements and the other provisions of the Agreement, the applicable Uniform Requirements shall prevail. (b) Grant Requirements. In the Project is funded in whole or in part by any grant funds, as indicated in the Contract Documents, City and Contractor shall comply with all requirements and conditions of the grant(s), which are incorporated herein by this reference.

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works -8-

1.13 Special Requirements.

Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements,” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern. (If REQUIRED CONTRACT PROVISIONS FOR FEDERAL-AID CONSTRUCTION CONTRACTS applies, attach as Exhibit “B”) ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.

2.1 Contract Sum.

Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in Contractor’s Bid, attached hereto as Exhibit A and incorporated herein by this reference.

Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total compensation, including reimbursement of Contractor’s expenses, of ______________________ ($__________) (“Contract Sum”) for completion of the work. The Contract Sum shall constitute full compensation for furnishing all materials and for doing all the work contemplated and embraced in this Agreement; and also for all loss or damage arising out of the nature of the work, or from the action of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work and for well and faithfully completing the work, and the whole thereof, in the manner and according to the plans and specifications, and the requirements of the Contract Documents and this Agreement. The Contract Sum shall be made in the form of progress payments and a final payment as provided in this Section 2 and the Contract Documents unless the Bid or Contract Documents explicitly provide for a lump sum payment.

Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Project Manager in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in Exhibit A. The Contract Sum shall include the attendance of Contractor at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Contractor is required to attend additional meetings to facilitate such coordination, Contractor shall not be entitled to any additional compensation for attending said meetings.

2.2 Invoices.

Each month Contractor shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Finance Director. By submitting an invoice for payment under this Agreement, Contractor is certifying compliance with all provisions of this Agreement.

All invoices shall include a copy of Contractor’s Certified Payroll and proof that Certified Payroll has been submitted to the DIR. Contractor shall also submit a list of the prevailing wage rates (including federal prevailing wage rates, if applicable) for all employees and subcontractors providing services under this Agreement, as applicable, with Contractor’s first invoice. If these rates change at any time during the

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works -9-
term of this Agreement, Contractor shall submit a new list of rates to the City with its first invoice following the effective date of the rate change.

2.3 Payment.

City shall, as soon as practicable, independently review each invoice submitted by the Contractor to determine whether the work performed, and expenses incurred comply with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Contractor which are disputed by City, City will cause Contractor to be paid within thirty (30) days of receipt of Contractor’s correct and undisputed invoice; however, Contractor acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event that City does not cause Contractor to be paid within thirty (30) days of receipt of an undisputed and properly submitted invoice, Contractor shall be entitled to the payment of interest to the extent allowed under Public Contract Code Section 20104.50. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Contractor, not later than seven (7) days after receipt by the City, for correction and resubmission. Returned invoices shall be accompanied by a document setting forth in writing the reasons why the payment request was rejected. Review and payment by the City of any invoice provided by the Contractor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.

2.4 Retention; Substitution of Securities.

City will deduct a five percent (5%) retention from all progress payments. In accordance with Public Contract Code Section 22300, which is hereby incorporated into this Agreement, City shall permit the substitution of securities for any moneys withheld by City to ensure performance under this Agreement. The retention held by the City shall be released within sixty (60) days after the date of completion of the work and the Project, as required by Government Code Section 7107. In the event of a dispute between City and Contractor, City may withhold from the final payment an amount not to exceed one hundred fifty percent (150%) of the disputed amount.

ARTICLE 3. PERFORMANCE SCHEDULE

3.1 Schedule of Performance.

Contractor shall begin work within five (5) calendar days after receiving a Notice to Proceed from the City and the work shall be completed within Thirty (30) consecutive working days from the date on which Contractor received the Notice to Proceed, or otherwise in accordance with any schedule contained in or required to be provided by the Contract Documents, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply as set forth below.

3.2 Force Majeure.

The time period(s) for performance of the services rendered pursuant to this Agreement shall be

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works -10-
extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Contractor shall within ten (10) days of the commencement of such delay notify the Project Manager in writing of the causes of the delay. The Project Manager shall ascertain the facts and the extent of delay and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Project Manager such delay is justified. The Project Manager’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Contractor’s sole remedy being extension of this Agreement pursuant to this Section.

3.3 Liquidated Damages.

Since the determination of actual damages for any delay in performance of this Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the sum of ONE THOUSAND DOLLARS AND ZERO CENTS ($1,000.00) as liquidated damages for each working day of delay in the performance of any service required hereunder. The City may withhold any accrued liquidated damages from any monies payable on account of services performed by the Contractor. To the extent required by Government Code Section 4215, Contractor shall not be assessed liquidated damages for delay in completion of the work when such delay was caused by the failure of the City or owner of the utility to provide for removal or relocation of utility facilities.

3.4 Inspection and Final Acceptance.

City may inspect and accept or reject any of Contractor’s work under this Agreement, either during performance or when completed. If City finds that Contractor’s work does not meet the requirements and standards provided in the Bid Document, Contractor shall remedy any defects in the work at Contractor’s sole expense following notice by the City. City shall accept work by a timely written acceptance, otherwise work shall be deemed to have been rejected. City’s acceptance shall be conclusive as to such work except with respect to latent defects, fraud and such gross mistakes as to amount to fraud. Acceptance of any work by City shall not constitute a waiver of any of the provisions of this Agreement including, but not limited to, Articles 1 and 5, pertaining to warranty and indemnification and insurance, respectively.

ARTICLE 4. COORDINATION OF WORK

4.1 Representatives and Personnel of Contractor.

The following principals of Contractor (“Principals”) are hereby designated as being the principals and representatives of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
(Name) (Title)

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works -11-

(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the services hereunder. All personnel of Contractor, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals.

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

4.2 Status of Contractor.

Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt, or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.

Contractor shall not at any time or in any manner represent that Contractor or any of Contractor’s officers, employees, or agents are in any manner officials, officers, employees, or agents of City. Neither Contractor, nor any of Contractor’s officers, employees, or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees. Contractor expressly waives any claim Contractor may have to any such rights.

4.3 Project Manager.

The “Project Manager” for the City shall be the City Engineer or any other person as may be designated by the Project Manager. It shall be the Contractor’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Contractor shall refer any decisions which must be made by City to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. The Project Manager shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City required hereunder to carry out the terms of this Agreement.

4.4 Independent Contractor.

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

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works -12-
any purpose become or be deemed to be a partner of Contractor in its business or otherwise or a joint venturer or a member of any joint enterprise with Contractor.

4.5 Prohibition Against Subcontracting or Assignment.

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

ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS

5.1 Insurance Coverages.

Without limiting Contractor’s indemnification obligation to the City (as set forth below), and prior to commencement of any services under this Agreement, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and, in a form, satisfactory to City.
(a) General liability insurance. Contractor shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (b) Automobile liability insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Services to be performed under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident. (c) Professional liability (errors & omissions) insurance. Contractor shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Contractor agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works -13-
(d) Workers’ compensation insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). (e) Builder’s Risk Insurance. Contractor shall maintain Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions or provisional limit provisions. The policy must include: (1) coverage for any ensuing loss from faulty workmanship, nonconforming work, omission or deficiency in design or specifications; (2) coverage against machinery accidents and operational testing; (3) coverage for removal of debris, and insuring the buildings, structures, machinery, equipment, materials, facilities, fixtures and all other properties constituting a part of the Project; (4) ordinance or law coverage for contingent rebuilding, demolition, and increased costs of construction; (5) transit coverage (unless insured by the supplier or receiving contractor), with sub-limits sufficient to insure the full replacement value of any key equipment item; (6) ocean marine cargo coverage insuring any Project materials or supplies, if applicable; (7) coverage with sub-limits sufficient to insure the full replacement value of any property or equipment stored either on or off the Project site or any staging area. (f) Pollution Liability Insurance. Contractor shall maintain Environmental Impairment Liability insurance, written on a Contractor’s Pollution Liability form or other form acceptable to City providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation.

The policy limit shall be no less than $1,000,000 per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites.

5.2 General Insurance Requirements.
(a) Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall include all of the requirements stated herein. (b) Proof of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time.
(c) Duration of Coverage. Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the services hereunder by Contractor, its agents, representatives, employees or subcontractors.
(d) Primary/noncontributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works -14-
(e) City’s Rights of Enforcement. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor or City will withhold amounts sufficient to pay the premium from any payments due to the Contractor. In the alternative, City may cancel this Agreement. (f) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City and shall require similar written express waivers and insurance clauses from each of its subcontractors.
(g) Enforcement of Contract Provisions (non-estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (h) Requirements Not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any Party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (i) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage. (j) Additional Insured Status. General liability policies shall provide or be endorsed to provide that City and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (k) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (l) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass Through Clause. Contractor agrees to ensure that its subconsultants, subcontractors, and any other Party involved with the Project who is brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review.

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works -15-
(n) Agency’s Right to Revise Specifications. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. (o) Self-Insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by City.
(p) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.

5.3 Indemnification.

Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees, agents, representatives, and volunteers (collectively, “Indemnitees”) from and against all liability, loss, damage, expense, cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Contractor’s (or its employees’, officers’, agents’, or subcontractor’s) performance of the work hereunder or its failure to comply with any of its obligations contained in this Agreement, including any injuries to or death of any person (including, but not limited to, workers and the public), or damage to property resulting from the construction of the work or by or in consequence of any negligence regarding the work, use of improper materials or equipment in construction of the work, negligence or refusal of Contractor to faithfully perform the work and all of Contractor's obligations under this Agreement, or by or on account of any act or omission by the Contractor (or it employees /agents) or its subcontractors (or their employees / agents) during the progress of the work or at any time before the completion and final acceptance of the Project by the City, except with respect to any loss or damage which is caused by the sole or active negligence or willful misconduct of the City as determined by a court of competent jurisdiction. Should conflict of interest principles preclude a single legal counsel from representing both City and Contractor, or should City otherwise find Contractor’s legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including, without limitation, reasonable attorneys’ fees, expert fees and all other costs and fees of litigation. Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination or expiration of this Agreement.

Contractor’s obligations under this Section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by the City or any Indemnitees. In instances where City or its Indemnitees is shown to have been actively negligent and where City’s active negligence accounts for

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works -16-
only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City.

5.4 Notification of Third-Party Claims.

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

5.5 Performance and Labor Bonds.

Concurrently with execution of this Agreement Contractor shall deliver to the City, the following in the form required under the Contract Documents or otherwise by the City Clerk:
(a) A performance bond in the amount of the Contract Sum of this Agreement, which secures the faithful performance of this Agreement (“Performance Bond”). (b) A labor and materials bond in the amount of the Contract Sum of this Agreement, which secures the payment of all persons furnishing labor and/or materials in connection with the work under this Agreement (“Payment Bond”).
(c) A warranty bond, guaranteeing the Contractor’s warranty under Section 1.11 of this Agreement, in an amount not less than 5% of the Contract Sum.

The bonds shall contain the original notarized signature of an authorized officer of the surety and affixed thereto shall be a certified and current copy of his/her power of attorney. The bonds shall be unconditional and remain in force during the entire term of this Agreement.

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

5.6 Sufficiency of Insurer or Surety.

Insurance and bonds required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best’s Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances. If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies and the performance bond required under Article 5 of this Agreement may be changed accordingly upon receipt of written notice from the Risk Manager.

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works -17-
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION

6.1 Records.

Contractor shall keep, and require subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies, certified and accurate copies of payroll records in compliance with all applicable laws, or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform the services required by this Agreement and enable the Project Manager to evaluate the performance of such services.

Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Project Manager shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be maintained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Contractor’s business, custody of the books and records may be given to City, and access shall be provided by Contractor’s successor in interest.

Notwithstanding the above, the Contractor shall fully cooperate with the City in providing access to the books and records if a public records request is made and disclosure is required by law including but not limited to the California Public Records Act.

6.2 Reports.

Contractor shall periodically prepare and submit to the Project Manager such reports concerning the performance of the services required by this Agreement as the Project Manager shall require.

Contractor hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Contractor agrees that if Contractor becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Contractor is providing design services, the cost of the project being designed, Contractor shall promptly notify the Project Manager of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.

6.3 Ownership of Documents.

All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Contractor, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Project Manager or upon the termination of this Agreement, and Contractor shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse, or assignment of such completed documents for other projects and/or use of uncompleted documents without specific written authorization by the Contractor will be at the City’s sole risk and without liability to Contractor, and Contractor’s guarantee and warranties shall not extend to such use, reuse, or assignment. Contractor may retain copies of such documents for its own use. Contractor shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any documents or materials prepared by them, and in the event Contractor fails to secure such assignment, Contractor shall indemnify City for all damages resulting therefrom. Moreover, Contractor with respect to any documents and materials that may qualify as “works

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works -18-
made for hire” as defined in 17 U.S.C. § 101, such documents and materials are hereby deemed “works made for hire” for the City.

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

ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION

7.1 California Law.

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

7.2 Termination.

The City may terminate this Agreement and be relieved of the payment of any consideration to

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works -19-
Contractor should Contractor fail to perform the covenants herein contained or contained in the Specifications at the time and in the manner as required. In the event of such termination, the City may proceed with the work in any manner deemed proper by the City. The cost to the City shall be deducted from any sum due the Contractor under this Agreement, and the balance, if any, shall be paid to the Contractor upon demand.

7.3 Dispute Resolution Process.
(a) Section 20104 et seq. of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial-supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Additionally, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes. (b) For purposes of these procedures, “claim” means a separate demand by the Contractor, after the City has denied Contractor’s timely and duly made request for payment for extra work and/or a time extension, for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to this Agreement and payment of which is not otherwise expressly provided for or the Contractor is not otherwise entitled to, or (C) an amount the payment of which is disputed by the City.
(c) The following requirements apply to all claims to which this Section applies:
i. Claim Submittal. The claim shall be in writing and include the documents necessary to substantiate the claim. Claims governed by this procedure must be filed on or before the date of final payment. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided in this Agreement for the filing of claims, including all requirements pertaining to compensation or payment for extra work, disputed work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
ii. Supporting Documentation. The Contractor shall submit all claims in the following format:

1. Summary of the claim, including references to the specific Bid Document provisions or provisions under this Agreement upon which the claim is based.

2. List of documents relating to claim: (a) Specifications, (b) Drawings, (c) Clarifications (Requests for Information), (d) Schedules, and (e) Other.

3. Chronology of events and correspondence related to the claim.

4. Statement of grounds for the claim.

5. Analysis of the claim’s cost, if any.

6. Analysis of the claim’s time/schedule impact, if any.

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works -20-
(d) City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the City issues its written statement.
i. If the City needs approval from the City Council to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the City Council does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the City shall have up to three days following the next duly publicly noticed meeting of the City Council after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
ii. Within 30 days of receipt of a claim, the City may request in writing additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor. iii. The City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. (e) Meet and Confer. If the Contractor disputes the City’s written response, or the City fails to respond within the time prescribed, the Contractor may so notify the City, in writing, either within 15 days of receipt of the City’s response or within 15 days of the City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, the City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(f) Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the City issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the City and the Contractor sharing the associated costs equally. The City and Contractor shall mutually agree to a mediator within ten (10) business days after the disputed portion of the claim has been identified in writing, unless the Parties agree to select a mediator at a later time.
i. If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third Party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
ii. For purposes of this Section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third Party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation.

Any mediation utilized shall conform to the timeframes in this Section.

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works -21-
iii. Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this Section shall excuse any further obligation under Public Contract Code Section 20104.4 to mediate after litigation has been commenced. iv. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed. (g) City’s Responses. The City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the City’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this Section, shall not constitute and adverse finding with regard to the merits of the claim or the responsibility of qualifications of the Contractor. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
(h) Government Code Claims. If following the mediation, the claim or any portion remains in dispute, the Contractor must comply with the claim procedures set forth in Government Code Section 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, construction claims, and/or changed conditions, including any required mediation, have been followed by Contractor. If no such Government Code claim is submitted, or if the prerequisite contractual requirements are not satisfied, no action against the City may be filed. A Government Code claim must be filed no earlier than the date that Contractor completes all contractual prerequisites to filing a Government Code claim, including any required mediation. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted. For purposes of Government Code Section 900 et seq., the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim to the City until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation that does not result in a complete resolutions of all claims.
(i) Civil Actions for Claims of $375,000 or Less. The following procedures are established for all civil actions filed to resolve claims totaling $375,000 or less:
i. Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both Parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code Section 9204 and the procedures in this Section. The mediation process shall provide for the selection within 15 days by both Parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
ii. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works -22-
iii. Upon stipulation of the Parties, arbitrators appointed for these purposes shall be experienced in construction law, and, upon stipulation of the Parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the Parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division.
iv. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any Party who after receiving an arbitration award requests a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the reasonable attorneys’ fees of the other Party arising out of the trial de novo.

7.4 Waiver.

Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Contractor shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.

7.5 Rights and Remedies are Cumulative.

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

7.6 Unfair Business Practices Claims.

Pursuant to Public Contract Code Section 7103.5, in entering into this Agreement, Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials related to this Agreement. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the Parties.

ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NONDISCRIMINATION

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works -23-

8.1 Non-liability of City Officers and Employees.

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

8.2 Conflict of Interest.

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

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

8.3 Covenant Against Discrimination.

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

8.4 Unauthorized Aliens.

Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthorized aliens, Contractor hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys' fees, incurred by City.

ARTICLE 9. MISCELLANEOUS PROVISIONS

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works -24-

9.1 Provisions Required By Law.

Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and this Agreement shall be read and enforced as though it were included herein. If through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon application of either Party, this Agreement shall forthwith be amended to make such insertion or correction.

9.2 Notices.

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

9.3 Interpretation.

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

9.4 Counterparts.

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

9.5 Integration; Amendment.

This Agreement, together with the documents incorporated herein (including the Standard Specifications and the Contract Documents) and the exhibits attached hereto constitutes the entire, complete, and exclusive expression of the understanding of the Parties with respect to the subject matter hereof. It is understood that there are no oral agreements between the Parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by the Contractor and by the City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

9.6 Severability.

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works -25-
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.

9.7 Warranty & Representation of Non-Collusion.

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

9.8 Corporate Authority.

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

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works -26-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.

CITY:

CITY OF ARVIN, a municipal corporation
Jeff Jones, City Manager
ATTEST:

Cecilia Vela, City Clerk
APPROVED AS TO FORM:

HODGES LAW GROUP
By:

Nathan M. Hodges, City Attorney
CONTRACTOR:
___________________
By:

Signature:

By:

Name:

Address:

Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES SHALL BE DULY NOTARIZED, AND

APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE

BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY.

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works

PAGE LEFT BLANK INTENTIONALLY

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works

EXHIBIT A
CONTRACTOR’S BID

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works

EXHIBIT B

SPECIAL REQUIREMENTS

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works

PERFORMANCE BOND
WHEREAS, the CITY OF ARVIN, (“City”), has awarded to ____________________, as Contractor (“Principal”), a Contract for the work entitled and described as follows:
_____________________________;
WHEREAS, the Contractor is required under the terms of said Contract to furnish a bond for the faithful performance of the Contract;
NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of ___________________________ ($______________) this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

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

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

Executed on , 2021 PRINCIPAL
By:
(Seal Of Corporation) Name:

Title:
(Attach Acknowledgment of Authorized Representative of Principal)

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works Any claims under this bond may be addressed to:

Name and address of Surety:

Name and address of Surety's agent for service of process in California, if different from above:

Telephone number of Surety’s Agent in California:
(Attach Acknowledgment)
SURETY
By:
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

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

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works

PAYMENT BOND
(Labor and Material Bond)
WHEREAS, the CITY OF ARVIN, (“City”), has awarded to _________________, as Contractor (“Principal”), a Contract for the work entitled and described as follows: ___________________; WHEREAS, said Contractor is required to furnish a bond in conjunction with said Contract, to secure the payment of claims of laborers, mechanics, material men, and other persons as provided by law; NOW, THEREFORE, we the undersigned Contractor and Surety, are held and firmly bound unto the City in the sum of _______________________________ ($_______________), this amount being not less than one hundred percent (100%) of the total Contract price, lawful money of the United States of America, for payment of which sum well and truly be made we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. In case suit is brought upon this bond, the Surety will pay a reasonable attorney’s fee to the City in an amount to be fixed by the court.

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

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

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

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works Executed on , 2021 PRINCIPAL
By:
(Seal Of Corporation) Name:

Title:
(Attach Acknowledgment of Authorized Representative of Principal) Any claims under this bond may be addressed to:

Name and address of Surety:

Name and address of Surety's agent for service of process in California, if different from above:

Telephone number of Surety’s Agent in California:
(Attach Acknowledgment)
SURETY
By:
(Attorney-in-Fact)
APPROVED:
(Attorney for CITY)
NOTICE:

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works

WORKERS COMPENSATION INSURANCE CERTIFICATE
Description of Contract: City of Arvin
Project: _________________________
Type of Insurance: Workers' Compensation and Employers' Liability Insurance THIS IS TO CERTIFY that the following policy has been issued by the below-stated company in conformance with the requirements of Article 5 of the Contract and is in force at this time, and is in a form approved by the Insurance Commissioner.

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

POLICY NUMBER EXPIRATION DATE LIMITS OF LIABILITY
Workers' Compensation: Statutory Limits Under
the Laws of the State of California
Employers' Liability:
$ Each Accident
$ Disease - Policy Limit
$ Disease - Each Employee
Named Insured (Contractor) Insurance Company
Street Number Street Number
City and State City and State
By:
(Company Representative)
(SEE NOTICE ON NEXT PAGE)

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works Insurance Company Agent for Service
of Process in California:

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

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

NOTICE:

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

6.J.2
Attachment: PW Agmt - Bowman Asphalt for Transit Parking Lot Improvements - Subject to Attorney Review_012825 (Awarding Public Works To: City Of Arvin Contact: Samuel D. Lux
Project Name: Arvin Transit Department Parking Lot Improvements Bid Number: 8008 Arvin, CA 93203 Fax: 661-854-0817
Address: 200 Campus Dr, Box 548 Phone: 661-854-3134
Project Location: 200 Campus Drive, Arvin 93203, CA Bid Date: 1/10/2025 Item # Item Description Estimated Quantity Unit Unit Price Total Price 1 MOBILIZATION 1.00 LS $9,917.00 $9,917.00
2 DEVELOP WATER SUPPLY 1.00 LS $700.00 $700.00
3 CLEAR AND GRUB 1.00 LS $500.00 $500.00
4 FINISHING ROADWAY 1.00 LS $950.00 $950.00
5 REMOVE CONCRETE (F) 5.00 CY $700.00 $3,500.00
6 ROADWAY EXCAVATION (F) 26.00 CY $450.00 $11,700.00
7 CLASS 2 AGGREGATE BASE 22.00 CY $200.00 $4,400.00
8 HOT MIX ASPHALT (TYPE A - 3/4" AGGREGATE PG 70- 35.00 TON $380.00 $13,300.00 10)
9 MINOR CONCRETE (V-GUTTER & SIDEWALK) 2.00 CY $2,400.00 $4,800.00 10 MINOR CONCRETE (A1-6 CURB) 75.00 LF $105.00 $7,875.00 11 PAINT TRAFFIC STRIPE (2-COAT) 354.00 LF $6.00 $2,124.00 12 REMOVE TRAFFIC STRIPE 23.00 SF $25.00 $575.00
13 4" PVC CONDUIT 130.00 LF $80.00 $10,400.00
Total Bid Price: $70,741.00
Notes:
• Excluding any work other than described above.
• Grades to be set +/- .10' by others.
• No import/export of native material.
• This proposal is good for Thirty (30) days.
• Permits, Bonds, Testing, Staking and Surveying not included. • Cannot guarantee proper drainage with 1.5% or less in grade fall. • Water and Water Source, in close proximity to work area, supplied by others. • Due to volatile oil prices, the asphalt material price included in this proposal expires January 31, 2024. Any Asphalt placed after that date is subject to price increases.
• Above Proposal Assumes that Mutually Agreeable Commercial Legal Terms and Conditions Will Be Reached • DIR Registration Number 1000003010
• Pricing based on plans dated 12/17/2024
• Proposal is based on one (1) Mobilization. Extra mobilizations will result in additional charges Payment Terms:

This proposal is to be paid in 30 days from invoice date. Subject to a service charge of 1.5% per month. Interest rate per annum is 18%.

Should Bowman Asphalt be required to commence any legal action to recover losses under this agreement or required to employ an attorney for the enforcement of any of its rights herein, customer agrees to pay for reasonable fees and costs incurred thereby. 1/8/2025 4:17:18 PM Page 1 of 2

6.J.3
Attachment: Arvin Transit Department Parking Lot Improvements Bowman (Awarding Public Works Agreement to Bowman Asphalt for Transit ACCEPTED:

The above prices, specifications and conditions are satisfactory and are hereby accepted.

Buyer:

Signature:

Date of Acceptance:

CONFIRMED:

Bowman Asphalt, Inc.

Authorized Signature:

Estimator: Connor Buell
[email protected]
1/8/2025 4:17:18 PM Page 2 of 2

6.J.3
Attachment: Arvin Transit Department Parking Lot Improvements Bowman (Awarding Public Works Agreement to Bowman Asphalt for Transit CA. LICENSE # - 1096953 | SBE # - 2036767 12750
P.O. Box 71377
BAKERSFIELD, CA 93387
661-618-6906

To: Cit of Arvin
Address: 2000 Campus Dr.

Arvin, CA 93203
Contact: Sam Lux
Phone: 661-854-3134
Email:[email protected]
Project Name: Arvin Transit Department Parking
Lot Improvements
Project Location: Arvin, CA
Bid Number: w24-169
Bid Date: 12/23/2024
Item
#
Item Description UNITS UOM UNIT PRICE TOTAL PRICE

BASE BID
1 Mobilization 1 LS $10,500.00 $10,500.00
2 Develop Water Supply 1 LS $1,000.00 $1,000.00
3 Clearing and Grubbing 1 LS $6,000.00 $6,000.00
4 Finishing Roadway 1 LS $5,000.00 $5,000.00
5 Remove Concrete (F) 5 CY $1,250.00 $6,250.00
6 Roadway Excavation (F) 26 CY $450.00 $11,700.00
7 Class 2 Aggregate Base 22 CY $296.00 $6,512.00
8 Hot Mix Asphalt
(Type A-3/4” Aggregate PG70-10)
35 TON $410.00 $14,350.00
9 Minor Concrete (V-Gutter & Sidewalk) 2 CY $1,250.00 $2,500.00 10 Minor Concrete (A1-6 Curb) 75 LF $40.00 $3,000.00
11 Paint Traffic Stripe (2-Coat) 354 LF $28.00 $644.00
12 Remove Traffic Stripe 23 SQFT $40.00 $5,200.00
13 4” PVC Conduit 130 LF $40.00 $5,200.00
Total Base Bid Price: $75,134.00
NOTES: THE ABOVE PRICES DO NOT INCLUDE PERFORMANCE AND PAYMENT BOND, ADD 2% IF BONDS ARE REQUIRED.

6.J.4
Attachment: Arvin Transit Department- Parking Lot Improvments Westrock (Awarding Public Works Agreement to Bowman Asphalt for Transit INCLUSIONS:
• Pricing based on work being completed by June 30, 2025. Any work performed after this date will be subject to adjustment. • This proposal is based off Caltrans standard specification 9-1.07 for Payment Adjustments for Asphalt Oil Price Index Fluctuations. Payment adjustment(s) +/- will be made to Westrock based on the calculation of the proposal date's oil index and the index on the date(s) of actual paving.
• Pricing valid for 30 days from original proposal date. Signed agreement or written notice of intent to contract to be provided to Westrock within 30 days of proposal date or pricing may be subject to change. • Pricing based on an applicable tax rate of 8.25%. Westrock to be additionally compensated for any additional taxes or change in taxes required for the project.
• Bid includes (1) move-in per a mutually agreed upon schedule with all work available. Additional move-ins to be negotiated. • All work areas to be available for completion in consecutive shifts. Westrock to be compensated at T&M for inefficiencies of additional shifts of work areas not available concurrently.
• Work to be performed during normal Mon-Fri business hours. • Minimum Billing & Payment amounts based upon proposal estimated quantities listed on proposal. Additional quantity to be measured and billed at Unit Prices.
• Contractor to provide approved & secured equipment laydown area within or adjacent to project paving area. • Storage and work area to be received with clear, unobstructed access. • Contractor to provide Westrock subgrade within specification for compaction without any additional work. • Work to be performed during normal Mon-Fri business hours. • EXCLUSIONS:
• Temporary surfacing (cold mix, traffic plates, etc.)
• Badging, Site Specific Training, Testing, Orientation. To be paid at T&M if required. • Testing, Inspection, Engineering, Permits, Fees, Bonds • Survey, Staking, Engineering, As-Builts, Layout. Contractor responsible to provide all layout to ensure proper line & grade prior to Westrock mobilization. Specifically, pavement limits: starts, stops, edges of pavement & grade control. • Sealcoats, Prime Coats, Soil Sterilant, Header boards, Joint seals. • Wet and/or otherwise unsuitable material correction, buried man-made objects, rock breaking and / or blasting. • Grade Stabilization Fabrics, Pavement Reinforcing Fabrics (Petromat, Glasgrid, Glaspave, TruPave, etc.) • SWPPP/WPCP plan, permits, Notice of Intent (NOI), permanent site BMPs, Temporary BMPs specifically inlet and drain protection & covers to be provided by GC.
• Traffic Control, Flagging, pedestrian control, Posting, Notification, No Parking signs. Handling of trench plates, K-rail or crash cushions. • Reduced speed zone signage, Portable radar speed feedback signs system, PCMS Boards, Stationary Impact Attenuator Vehicle, Traffic Lookout or Traffic Queue Monitoring
• Install or removal of ramping for temporary transitions or access. Plating, bridging, tapers, protection of PCC. • Temporary and/or Permanent Delineation or Striping, Striping Removals, Signs, Wheelstops, Pavement Markings • Landscape, Irrigation, Electrical, Loop Replacement
• Backfill of curbs, shoulder backing, Dike backing, dressing of parkways. • AC patching and/or trench repairs not specifically included as a proposal pay item.

EXCLUDES ANY ITEMS NOT EXPLICITLY LISTED IN INCLUSIONS.

Payment Terms:

This proposal is to be paid 30 days from the invoice date. Subject to a service charge of 1.5% per month. The interest rate per annum is 19%.

Should Westrock General Engineering be required to commence any legal action to recover losses under this agreement or required to employ an attorney for the enforcement of any of its rights herein, customer agrees to pay for reasonable fees and costs incurred thereby.

ACCEPTED:

The above prices, specifications and conditions are satisfactory and are hereby accepted.

Buyer:_____________________ _________
Signature:________________________________
Date of Acceptance:________________________
Confirmed:

Westrock General Engineering
Authorized Signature:___________________________
Estimator: Joe Archuleta

6.J.4
Attachment: Arvin Transit Department- Parking Lot Improvments Westrock (Awarding Public Works Agreement to Bowman Asphalt for Transit NOTES
$ 12,361.50
TOTAL: $ 94,772
Subtotal: $ 82,400.30
* (F) Denotes Final Pay Item Contract Items: $ 82,410.00 Construction Total: $ 82,410.00
Contingency (15%)
$ 1,150.00
11 294 LF Paint Traffic Stripe (2-Coat) $ 7.00 $ 2,058.00 12 23 SQFT Remove Traffic Stripe $ 50.00
$ 4,875.00
9 2 CY Minor Concrete (V-Gutter & Sidewalk) $ 4,000.00 $ 8,000.00 10 75 LF Minor Concrete (A1-6 Curb) $ 65.00
$ 33,600.00
7 26 CY Roadway Excavation (F) $ 400.00 $ 10,400.00
8 28 TON Hot Mix Asphalt (Type A - 3/4" Aggregate PG70-10) $ 1,200.00 $ 2,500.00
5 16 CY Class 2 Aggregate Base $ 315.00 $ 5,040.00
6 5 CY Remove Concrete (F) $ 500.00
$ 2,500.00
3 1 LS Clearing and Grubbing $ 2,500.00 $ 2,500.00
4 1 LS Finishing Roadway $ 2,500.00

PRELIMINARY ENGINEER'S ESTIMATE
Arvin Transit Parking Lot
# EST. QUANT. UNIT ITEM UNIT COST ESTIMATE
$ 1,500.00
1 1 LS Mobilization (10% of Items) $ 8,277.30 $ 8,277.30 2 1 LS Develop Water Supply $ 1,500.00
$ 5,650.00
14 2 EA Pullbox $ 1,500.00 $ 3,000.00
13 113 LF 4" PVC Conduit $ 50.00
C:\Users\cviterelli\Desktop\Christine's Docs\GRANTS AND SAMPLES\Transportation\CITY HALL LOT PARKING IMPROVEMENTS 2025\Copy of Arvin Transit Cost Estimate - Scott Check.xlsx

6.J.5
Attachment: Copy of Arvin Transit Cost Estimate - Scott Check (Awarding Public Works Agreement to Bowman Asphalt for Transit Parking Lot

Arvin City CouncilJanuary 28, 2025

Arvin City Council
January 28, 2025