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Home My WebLink About11/18/15 CC AGENDA PACKETCouncil Chambers, City Hall,1501 Truxtun Avenue Regular Meeting 5:15 PM REGULAR MEETING - 5:15 PM 1. ROLL CALL 2. INVOCATION by Pastor Steve Yeary, Family Community Fellowship. 3. PLEDGE OF ALLEGIANCE by Paxton Iger, kindergarten student at Endeavour Elementary School. 4. PRESENTATIONS a. Presentation by Mayor Hall of Certificates of Appreciation to eight Bakersfield Sister City Youth Ambassadors that represented our city during a visit to Bucheon City, Republic of South Korea, during the summer of 2015. 5. PUBLIC STATEMENTS a. Written material submitted during Public Statements portion of the meeting. 6. WORKSHOPS 7. APPOINTMENTS 8. CONSENT CALENDAR Staff recommends adoption of Consent Calendar items. Minutes: a. Approval of minutes of the November 4, 2015, Special and Regular City Council Meetings. Payments: b. Receive and file department payments from October 23, 2015 to November 5, 2015 in the amount of $13,445,348.67 Self Insurance payments, from October 23, 2015 to November 5, 2015 in the amount of $180,722.30, totaling $13,626,070.97. Ordinances: 11/18/15 CC A GENDA PACKET FAG 1 C. Adoption of Ordinance Granting a Water Franchise to California Water Service Company. (FR 1114115) Resolutions: d. Resolution adopting the updated Investment Policy of the City. e. Resolution determining that certain Caterpillar Incorporated equipment parts cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, and purchase Caterpillar Incorporated equipment parts through Quinn Company, not to exceed $519,000 for a three -year term. f. Resolution determining that certain BearCat equipment parts cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, and purchase BearCat equipment parts through BearCat Manufacturing, not to exceed $30,000 for a three -year term. Ward 2 g. Resolution determining that a replacement Zamboni® model 546 ice resurfacing machine cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed $115,000. Ward 7 h. Sewer connection fee assessment for 3716 Harris Road: 1. Resolution confirming assessment for sewer connection and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Maximiliano Saldana and Liliana J. Gonzalez to pay sewer connection fees through the Kern County Tax Collector. Ward 6 i. Resolution of Intention (ROI) No. 1860 to add Area 2 -63 (4800 & 4801 Akers Road) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. Agreements: j. Public Works Mutual Aid Agreement with various agencies for sharing resources during a declared emergency. Ward 1 k. Final Map and Improvement Agreement with Gateway Housing, LLC for Tract 6209 Phase 3 located south of Fairview Road and west of South Union Avenue. Ward (s) 2, s I. Design Consultant Agreement with Meyer Civil Engineering, Inc. ($100,918.50) to design two sewer lift stations located at 24th and Oak Streets, and White Lane and Buena Vista Road. 11/18/15 CC A GENDA PACKET FAG 2 Ward (s) 1, 2, 3, 7 M. Pavement Rehabilitation and ADA Improvements at various GET Bus Stop locations: 1. Agreement with Golden Empire Transit for allocation of $500,000 of Transportation Development Act (TDA) Article 8 Funds for said improvements. 2. Appropriate $500,000 TDA Article 8 funds to the Public Works Department's Capital Improvement Budget within the State Transportation Fund. Ward 3 n. Amendment No. 1 to Improvement Agreement No. 07 -405 and Amendment No. 1 to Improvement Agreement No. 07- 406, both with Vista Montaire, LLC, for Tract 6137, Phase 3, to extend the Agreements' terms for one year and update provisions. o. Amendment No. 2 to Agreement No. 13 -227 with Applied LNG Technologies ($1,000,000; revised not to exceed $2,600,000 and extend term on year) for the continued supply of liquefied natural gas fuel. Ward 3 p. Contract Change Order Nos. 2, 4, 5, 7 and 10 to Agreement No. 15 -094 with Granite Construction Company ($17,909.79; revised not to exceed $22,282,612.89; change orders funded with Federal Earmark Funds {88.53 %) and Transportation Development Funds {11.47 %}) for the State Route 178 Widening Construction Project (TRIP). Ward 7 q. Hosking Avenue Interchange Project (TRIP): 1. Contract Change Order Nos. 21 and 23 to Agreement No. 14 -202 with Granite Construction Company ($292,145.30; revised not to exceed $21,320,137.95) for the construction of said project. 2. Appropriate $292,145 Utility Surcharge /Roads Fund Balance to the TRIP Public Works Capital Improvement Budget. Ward 5 r. Pavement Rehabilitation 2014 -2015 RSTP: Gosford Road from White Lane to Ming Avenue Project: 1. Contract Change Order No. 1 to Agreement No. 15 -108 with Bowman Asphalt, Inc. ($22,657.50; revised not to exceed $4,274,406.50) for said project. 2. Appropriate $527,583 federal Surface Transportation Program funds to the Public Works Department's Capital Improvement budget within the SAFETEA -LU Fund. Property Acquisition Agreements - TRIP: Ward 2 S. Agreement with Warren Nettleton, Trustee of the Warren Nettleton Family Trust dated 5/26/99 ($263,000) to purchase real property located at 4233 La Mirada Drive for the Centennial Corridor Project. 11/18/15 CC AGENDA PACKET FAG 3 Ward 2 t. Agreement with Cathy Inman, Administrator of the Estate of Edith Lea Nichols, ($184,500) to purchase real property located at 206 Williamson Way for the Centennial Corridor Project. Bids: U. Accept bid from En Pointe Technologies Sales, LLC ($130,626.35), for Juniper® Replacement Equipment for the Information Technology Division. V. Accept bid from Golden State Peterbilt ($339,120.05) for a replacement front loading dump truck for use by the Public Works Department Streets Division. Ward 6 W. Accept base bid and award contract with Brown and Fowler Construction, Inc. ($279,000) for Coral Keys Park Playground Rehabilitation project. Ward 4 X. Accept base bid and alternate bid items and award contract with Brown and Fowler Construction, Inc. ($360,234) for Bill Park Greens Playground Rehabilitation project. Ward 2 y. Centennial Plaza Fountain Replacement: 1. Accept bid and approve contract with Pacific Aquascape ($384,100) for the project. 2. Appropriate $146,000 Capital Outlay Fund balance to the Public Works Department's Capital Improvement budget. Miscellaneous: Z. Appropriate $150,000 Other Agency Share of Project Costs to the Public Works Department's operating budget within the Refuse Enterprise Fund to provide funding for the Freeway Litter Program for FY 2015/16. Successor Agency Business: 9. CONSENT CALENDAR PUBLIC HEARINGS Staff recommends conducting Consent Calendar Public Hearing and approval of items. 10. HEARINGS Ward 2 a. Public Hearing to consider Resolution ordering the vacation of the Public Utility Easement located between 18th Street and 19th Street and R Street and V Street. Staff recommends adoption of Resolution. 11. REPORTS 11/18/15 CC AGENDA PACKET FAG 12. DEFERRED BUSINESS 13. NEW BUSINESS 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT 11/18/15 CC A GENDA PACKET FAG 5 ADMINISTRATIVE REPORT 1{ MEETING DATE: 11/18/2015 Presentations 4. a. TO: Honorable Mayor and City Council FROM: Mayor Harvey L. Hall DATE: 11/2/2015 A%\N13 SUBJECT: Presentation by Mayor Hall of Certificates of Appreciation to eight Bakersfield Sister City Youth Ambassadors that represented our city during a visit to Bucheon City, Republic of South Korea, during the summer of 2015. STAFF RECOMMENDATION: BACKGROUND: 11/18/15 CC AGENDA PACKET FAG ADMINISTRATIVE REPORT F 07M MEETING DATE: 11/18/2015 Public Statements 5. a. TO: Honorable Mayor and City Council FROM: Roberta Gafford, City Clerk DATE: 12/1/2015 WARD: SUBJECT: Written material submitted during Public Statements portion of the meeting. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description D Dennis Fox Type Correspondence 11/18/15 CC AGENDA PACKET PG 7 111111471 /mime /�J� � 21�i(IUS /dIDA f ¢ Kern County has a water shortage • The water reserve at the Water Bank west of Bakersfield has been transferred out of the area. • The majority of Kern water users, mostly agriculture supplied by the State, must pay for infrastructure and delivery costs even if not delivered. • These situations continue because of a dependence on a subsidy paid by the greater Bakersfield property owners called the Zone of Benefit Tax. • A tunnel scheme is proposed which will not increase State water production or storage capacity, but only facilitate transfers from areas, of course, seeking to block the transfers. • The costs of property acquisition, construction, cost overruns, bond interest, and litigation would not be borne State wide, but by LA's extensive tax base making their cost bearable, and causing Bakersfield's comparatively limited tax base to bear a severe cost for a very expensive and very iffy project. • Again, note again, even while being litigated and enjoined, Bakersfield will pay for water with no assurance of supply to the area. • In time Bakersfield would be at legal, if not actual, risk of developmental curtailment. • Bakersfield's local water costs associated with Improvement District Four would be better paid not by government induced largesse, but by a more business oriented method of a contract. • Subsidies have denied the need for and then the ability to do long term and contingency planning. • "Problems cannot be solved by the level of thinking that caused the problems ". Albert Einstein. 11/18/15 CC A GENDA PACKET FAG ADMINISTRATIVE REPORT 1{ MEETING DATE: 11/18/2015 Consent -Minutes a. TO: Honorable Mayor and City Council FROM: Roberta Gafford, City Clerk DATE: 9/11/2015 WARD: SUBJECT: Approval of minutes of the November 4, 2015, Special and Regular City Council Meetings. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description Minutes Type C:3aCIH Ua p 11Mateid4l 11/18/15 CC AGENDA PACKET FAG 9 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF NOVEMBER 4, 2015 Council Chambers, City Hall, 1501 Truxtun Avenue Special Meeting- 4:00 p.m. Regular Meeting- 5:15 p.m. SPECIAL MEETING - 4:00 p.m. 1. 2. 3. 4. ROLL CALL Present: Mayor Hall, Vice -Mayor Hanson, Councilmembers Rivera, Maxwell, Smith, Parlier Absent: Councilmembers Weir, Sullivan PUBLIC STATEMENTS None. WORKSHOPS a. City Council Goals 2016 A staff memorandum was received transmitting the Council goals. Management Assistant Blaschke made staff comments, provided a PowerPoint presentation, and asked the Council to review the goals and report any additions they would like added to the document to the City Manager's office; and advised staff intends to bring this item to Council for final approval on November 18th. CLOSED SESSION a. Public Employee Performance Evaluation - City Attorney; Closed Session pursuant to Government Code Section 54957(b) (1) / 54957.6. Motion by Vice -Mayor Hanson to adjourn to Closed Session at 4:07 p.m. Motion by Councilmember Rivera to adjourn from Closed Session at 4:37 p.m. Meeting reconvened at 5:07 p.m. ACTION TAKEN APPROVED AB WEIR, SULLIVAN APPROVED AB WEIR, SULLIVAN 11/18/15 CC AGEN A PACKET FAG 1 Bakersfield, California, November 4, 2015 - Page 2 5. CLOSED SESSION ACTION ACTION TAKEN a. Public Employee Performance Evaluation - City Attorney; Closed Session pursuant to Government Code Section 54957(b) (1) / 54957.6. Mayor Hall announced City Council initiated the first process of the evaluation for the City Attorney and scheduled a second date for consideration and discussion. 6. ADJOURNMENT Mayor Hall adjourned the meeting at 5:08 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield REGULAR MEETING -5:15 p.m. 1. ROLL CALL Present: Mayor Hall, Vice -Mayor Hanson, Councilmembers Rivera, Maxwell, Weir (seated at 6:00 p.m.), Smith, Parlier Absent: Councilmember Sullivan a. Introduction of student body representatives participating in the 61 st consecutive Teen Government Day. Brittany Barrera, Frontier High School; Simran Sarai, Ridgeview High School; Melissa Zepeda, Foothill High School; Daniella Echeverria, Garces Memorial High School; Lucas Solis, Highland High School; Brooke McNamara, North High School; Daisy Ayala, Mira Monte High School; Jorge Enriquez, Golden Valley High School; Denise Montes, Independence High School; Jeremy Duket, Bakersfield High School; Ally Zhou, Stockdale High School; Alyssa Hood, Centennial High School; Aaron Wan, East Bakersfield High School. 11/18/15 CC A GENDA PACKET FAG 11 Bakersfield, California, November 4, 2015 - Page 3 ACTION TAKEN 2. INVOCATION by Kerry Bulls, Heart Hospital Chaplain. 3. PLEDGE OF ALLEGIANCE by Arianna and Brianna Johnson, 1 st grade students at Stockdale Christian School. Mayor Hall acknowledged Political Science class students from California State University Bakersfield, Taft College, and Bakersfield College in attendance at the meeting to learn about City government. 4. PRESENTATIONS a. Presentation by Mary Joyce Ivers, member of the American Public Works Association Board of Directors, to Public Works Director Nick Fidler in recognition of the City becoming the 104th agency to become accredited, and presentation to Mayor, City Council, and City Manager for supporting the accreditation process. Mayor Hall accepted a plaque and Public Works Director Fidler accepted a plaque and made comments. 5. PUBLIC STATEMENTS a. Kern County Supervisor David Couch thanked Mayor Hall for accepting his challenge to an omelet eating contest in honor of Alzheimer's Disease and Caregivers Awareness Month; and thanked Mayor Hall, the City Council, and the City Manager for working with the County on item 13.b., to enter into a memorandum of understanding regarding apportionment of property and sales tax revenues for future annexations. b. Judy Salamacha, author of the biography "Colonel Baker's Field: An American Pioneer Story ", announced tomorrow is Colonel Thomas Baker's 205th Birthday; advised that 1200 copies of the book will be donated to local schools with the help of Mayor Hall, the Kern County Superintendent of Schools, and several partners throughout the community; invited everyone to attend the celebration from 2:00 p.m. to 3:00 p.m. at City Hall South; and provided the Mayor and Council with written material. 11/18/15 CC ACEN A PACKET FCC 12 Bakersfield, California, November 4, 2015 - Page 4 5. PUBLIC STATEMENTS continued ACTION TAKEN C. Cathy Butler, Executive Director of the Downtown Bakersfield Development Corporation, invited the Mayor and Council to the rededication of the Statue of Liberty mural, on Sunday, November 8th, at 3:30 p.m., at 20th and Eye Street; advised that a salute to the military was added to the mural; and also invited the Council to the Downtown Business Association's Empowerment Breakfast on November 19th, where Public Works Director Fidler, Planning Director Kitchen, and representatives from Kern County Mental Health will be addressing issues concerning the downtown and Westchester areas; and submitted written material. d. Alejandra Becerra and Maria Soto, residents of Basque Street, voiced their concerns with the Planning Division's approval of the establishment of a rehabilitation facility in their neighborhood. Councilmember Parlier asked staff to reach out to Ms. Becerra and Ms. Soto and listen to their concerns and determine if there is anything that can be done to mitigate their circumstances. d. Anish Mohan, student and Vice - President of University Affairs for student government, announced that California State University Bakersfield has been nationally recognized by the League of American Bicyclists and certified as a bicycle friendly university; and thanked the Council for their support in making their community bicycle friendly. g. Marvin Dean stated he is very pleased the City and the County have resolved some long standing issues and came to an agreement on agenda item 13.b.; spoke in support of the High Speed Rail; and asked the Council to advocate for keeping High Speed Rail jobs and contracts local; and submitted written material. Mayor hall recessed the meeting at 6:10 p.m. and reconvened the meeting at 6:20 p.m. 11118115 CC ACEN A PACKET FCC 13 6. 7 1.3 Bakersfield, California, November 4, 2015 - Page 5 WORKSHOPS None. APPOINTMENTS None. CONSENT CALENDAR Minutes: a. Approval of minutes of the October 14, 2015, Regular City Council Meetings. Payments: b. Receive and file department payments from October 2, 2015 to October 22, 2015 in the amount of $24,809,044.33, Self Insurance payments from October 2, 2015 to October 22, 2015 in the amount of $388,270.94, totaling $25,197,315.27. Ordinances: C. First Reading of an Ordinance Granting a Franchise to California Water Service Company. d. Adoption of Ordinance amending the Official Zoning Map in Title 17 of the Municipal Code by changing the zone district from R -1 (One Family Dwelling) to C -2 (Regional Commercial) on 9.62 acres located at the southeast corner of Panama Lane and Gosford Road. (ZC 15 -0252 - Mclntosh & Associates representing Panama Lane Properties, LLC). Resolutions: e. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and the demolishment of dangerous buildings and authorizing collection of the assessments by the Kern County Tax Collector. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION ORD 4831 RES 135 -15 11118115 CC A EN A PACKET FAG 1 Bakersfield, California, November 4, 2015 - Page 6 8. CONSENT CALENDAR continued f. Resolutions to add the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report for each: 1. Area 3 -96 (5351 Taft Highway) 2. Area 2 -61 (7700 District Boulevard) 3. Area 2 -62 (4325 Stine Road) 4. Area 1 -1 10 (Tentative Tract 7296 /Santa Fe Way & Reina Way NE) Agreements: g. Agreement with Bakersfield Senior Center, Inc. ($85,000), for Community Development Block Grant funds for operational expenses at 530 4th Street. h. Agreements to provide legal services for the Centennial Corridor Project: 1. California Eminent Domain Law Group ($300,000) 2. Nossaman, LLP ($300,000) 3. Woodruff, Spradlin & Smart ($150,000) i. Final Map and Improvement Agreement with K Hovnanian Four Seasons at Bakersfield, LLC for Tract 6444 Phase 7, located north of Panorama Drive and east of Vineland Road. j. Final Map and Improvement Agreement with Lennar Fresno, Inc. for Tract 6758 Phase 3, located east of Ashe Road and north of Taft Highway ACTION TAKEN RES 136 -15 RES 137 -15 RES 138 -15 RES 139 -15 ABS SMITH AGR 15 -262 REMOVED FOR SEPARATE CONSIDERATION AGR 15 -266 AGR 15 -267 11118115 CC AGEN A PACKET FAG 15 Bakersfield, California, November 4, 2015 - Page 7 8. CONSENT CALENDAR continued k. Remove II Grant - Clay Patrick Farr Way and Meacham Road Bicycle Lane Improvements: Agreement with the San Joaquin Valley Air Pollution Control District for the installation of bicycle lanes on Clay Patrick Farr Way (Hageman Road to Granite Falls Drive) and Meacham Road (Calloway Drive to Clay Patrick Farr Way) in accordance with the Remove II program. 2. Appropriate $61,600 of grant funds from the Remove II program administered by the San Joaquin Valley Air Pollution Control District to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund for the respective project. Purchase real property located in Tract 6825 at Old River Road and Berkshire Road for a future park site: Agreement with Belfanz Homes, Inc. ($57,099.74), for the purchase of said property. 2. Appropriate $57,099.74 Park Improvement Fund balance to the Recreation and Parks Department's Capital Improvement Budget. M. Amendment No. 3 to Agreement No. 12 -073 with WKE Inc. ($786,451; for revised not to exceed $1,053,336) for design services for the Rehabilitation of the Manor Street Bridge over the Kern River Project. n. Amendment No. 1 to Agreement No. 10 -057 (no change in compensation) with System 3, Inc. for assignment of agreement to Res System 3, LLC. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION AGR 15 -269 DEED 8313 AGR 12- 073(3) AGR 10- 057(1) 11/18/15 CC A GENDA PACKET FAG 1 Bakersfield, California, November 4, 2015 - Page 8 8. CONSENT CALENDAR continued o. Contract Change Order's No. 9, 10, 11 to Agreement No. 15 -009 with Teichert Construction ($69,079.03 decrease; revised not to exceed $16,055,780.03) for the Rosedale Highway Widening Project. (TRIP) Property Acquisition Agreements - TRIP: P. Agreements with Jolene Billiard, Trustee of the Jolene Billiard Trust dated I/ 10/ 13 to purchase the following real properties for the Centennial Corridor Project located at: 1. 816 Del Rey Court ($253,000) 2. 820 Del Rey Court ($200,000) q. Agreement with Jesse and Monica Ramos ($180,000) to purchase real property located at 218 South Garnsey Avenue for the Centennial Corridor Project. r. Agreement with Balvir Singh Nijjar and Jasvinder Kaur Nijjar ($1,280,000) to purchase real property located at 20 Williamson Way for the Centennial Corridor Project. Bids: S. Accept bid and approve contract to Advanced Distribution Company (not to exceed $126,000) for a three year term to supply filters for the Public Works Department, Fleet Services Division. t. Accept bid and approve contract with Traffic Development Services, Inc. ($88,554) for the Traffic Signal Interconnect -Part 12 project on Calloway Drive between Olive Drive and Norris Road. ACTION TAKEN AGR 15 -009 CCO 9, CCO 10, CCO 11 AGR 15 -270 DEED 8314 AGR 15 -271 DEED 8315 AGR 15 -272 DEED 8316 AGR 15 -273 DEED 8317 AGR 15 -274 AGR 15 -275 11/18/15 CC A GENDA PACKET FAG 17 Bakersfield, California, November 4, 2015 - Page 9 8. CONSENT CALENDAR continued ACTION TAKEN Miscellaneous: U. Appropriate $139,253 Federal Grant Revenues (2015 JAG /Byrne Local Grant from the Bureau of Justice Assistance) to the General Fund Police Operating Budget, to expand the City's public safety camera system, equip gang unit officers with a vehicle -based license plate reader (LPR), and use overtime funding to assign police officers to activities designated areas. V. Appropriate $25,000 Federal Grant Revenues to the General Fund Police Operating Budget, to fund overtime and training for the BPD vice division to conduct minor decoy and shoulder tap operations. W. Transfer and Appropriate $20,000 from the General Fund Police Operating Budget to the Certified Unified Program Agency (CUPA) Fund Operating Budget for the clean -up of hazardous and biological material spills. X. Distribution of $518,000 from the Board of State and Community Corrections to the municipalities, contract cities and special districts in Kern County in accordance with the terms agreed upon by the Chiefs of Police of each city and special district within Kern County and the Kern County Sheriff. Successor Agency Business: Y. Receive and file Successor Agency payments from October 2, 2015 to October 22, 2015 in the amount of $189,064.20. Councilmember Smith announced that he would abstain, due to a conflict of interest, the proposed action concerns a client of his, on item 814. Councilmember Maxwell requested item 8.h. be removed for separate consideration. Councilmember Rivera requested item 8.c. be removed for separate consideration. 11/18/15 CC A GENDA PACKET FAG 18 1.3 Bakersfield, California, November 4, 2015 - Page 10 CONSENT CALENDAR continued ACTION TAKEN Councilmember Smith requested item 8.k. be removed for separate consideration. Motion by Vice -Mayor Hanson to adopt Consent APPROVED Calendar items 8.a. through 8.y. with the removal of AB SULLIVAN items 8.c., 8.h., 8.k. for separate consideration. C. First Reading of an Ordinance Granting a FR Franchise to California Water Service Company. Motion by Councilmember Rivera to approve Consent APPROVED Calendar item 8.c. AB SULLIVAN h. Agreements to provide legal services for the Centennial Corridor Project: 1. California Eminent Domain Law Group AGR 15 -263 ($300,000) 2. Nossaman, LLP ($300,000) AGR 15 -264 3. Woodruff, Spradlin & Smart ($150,000) AGR 15 -265 Motion by Councilmember Maxwell to adopt Consent APPROVED Calendar item 8. h. AB SULLIVAN k. Remove II Grant - Clay Patrick Farr Way and Meacham Road Bicycle Lane Improvements: Agreement with the San Joaquin Valley AGR 15 -268 Air Pollution Control District for the installation of bicycle lanes on Clay Patrick Farr Way (Hageman Road to Granite Falls Drive) and Meacham Road (Calloway Drive to Clay Patrick Farr Way) in accordance with the Remove II program. 2. Appropriate $61,600 of grant funds from the Remove II program administered by the San Joaquin Valley Air Pollution Control District to the Public Works Department's Capital Improvement budget within the Capital Outlay Fund for the respective project. Motion by Councilmember Smith to adopt Consent APPROVED Calendar item 8.k. AB SULLIVAN 11/18/15 CC A GENDA PACKET FAG 19 9. Bakersfield, California, November 4, 2015 - Page 11 CONSENT CALENDAR PUBLIC HEARINGS ACTION TAKEN None. 10. HEARINGS 11. 12. a. Public Hearing to consider Resolution modifying RES 149 -14(1) Underground Utility District No. 2, Division 36 (Stine Road, Panama Lane to Ryzona Street). Public Works Director Fidler made staff comments and provided a PowerPoint presentation. Hearing was opened at 6:29 p.m. No one spoke Hearing was closed at 6:30 p.m. Motion by Vice -Mayor Hanson to adopt the APPROVED Resolution. AB SULLIVAN REPORTS a. Presentation by Councilmember Rivera on the establishment of a Youth Commission. Councilmember Rivera made comments, provided a PowerPoint presentation, and requested a motion from Council directing staff to create an Ordinance forming a youth commission. Motion by Vice -Mayor Hanson to direct staff to APPROVED develop an Ordinance forming a youth AB SULLIVAN commission and return to Council in November or December for consideration. DEFERRED BUSINESS a. Traffic Signal Modification and Street Improvements for Commercial Way at Truxtun Avenue: (deferred from 10114115 meeting) Accept bid and approve contract with AGR 15 -276 Bowman Asphalt Inc. ($305,746). 2. Appropriate $50,000 Capital Outlay Fund balance to Public Works Department's Capital Improvement Budget. 11/18/15 CC A GENDA PACKET FAG 2 12. 13. 14. Bakersfield, California, November 4, 2015 - Page 12 DEFERRED BUSINESS continued ACTION TAKEN Public Works Director Fidler made staff comments and provided a PowerPoint presentation. Motion by Councilmember Smith to approve APPROVED staff's recommendation and adopt Deferred AB SULLIVAN Business item 12.a. NEW BUSINESS a. Resolution setting the dates of Regular City RES 140 -15 Council Meetings, Budget Hearings, and Department Budget Presentations for January through December 2016. City Manager Tandy made staff comments. Motion by Vice -Mayor Hanson to approve the APPROVED Resolution with the addition of the Department AB SULLIVAN budget presentations on May 9th and June 6th, at 12:00 p.m., and changing the September 14th meeting date to September 7th. b. Memorandum of Understanding with County of AGR 15 -277 Kern Regarding Apportionment of Property and Sales Tax Revenues for Future Annexations. City Manager Tandy made staff comments. Assistant City Manager Huot made additional staff comments and provided a PowerPoint presentation. Motion by Vice -Mayor Hanson to approve APPROVED staff's recommendation and adopt New NOES MAXWELL Business item 13.b. AB SULLIVAN COUNCIL AND MAYOR STATEMENTS Councilmember Rivera asked staff to consider an idea, from Habitat for Humanity, on how to use a surplus piece of land, and schedule a meeting with him for further discussion. Councilmember Rivera stated the 5th annual Trunk or Treat event at Planz Park was a huge success with many people in attendance; and thanked Councilmember Parlier and staff for their help with the event. 11/18/15 CC ACEN A PACKET FCC 21 Bakersfield, California, November 4, 2015 - Page 13 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Maxwell requested staff contact Alex Morales, a resident on Alder Street, to discuss issues with the house the City purchased next door to his property. Councilmember Maxwell requested staff determine what can be done to improve the downtown area, once more information is received regarding the High Speed Rail, and include the following in their study: the possibility of making F, H, L, and M Streets into one - way streets; and complete the loop, in order to look at a one -way street on 17th and 18th Street to increase the flow of traffic and eliminate stacking problems for the 23,d and 24th Street area. Councilmember Maxwell thanked Public Works Director Fidler for the re- striping of H Street; and thanked the City Manager for agreeing to sit down with the owners of Luigi's restaurant to discuss long term solutions for the problems they are having with homeless in the area. Councilmember Maxwell requested staff send a letter to Bill Thomas informing him of the cost of the Hageman Flyover project. Mayor Hall encouraged Councilmember Maxwell to contact Carlos Baldovinos, with the Bakersfield Homeless Collaborative, to discuss the homeless problem near Luigi's. Councilmember Smith thanked staff for the continued maintenance of the Polo Grounds fence and the installation of outside seating at Rabobank Arena. Councilmember Smith requested staff look into the problems with the parliamentarian system at the dais. Councilmember Parlier thanked Councilmember Rivera for inviting him to attend the Trunk or Treat event at Planz Park and stated it was a great event that showed the City cares about kids and the community. 11/18/15 CC A GENDA PACKET FAG 22 Bakersfield, California, November 4, 2015 — Page 14 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Parlier stated he recently toured the Bakersfield Animal Care facility and was very impressed; and thanked staff for working together for the greater good of the animals. Councilmember Parlier thanked staff for responding to issues at Smoke Tree Mobile Home Estates. Mayor Hall suggested the City and the County consider meeting for casual lunches in the future, to discuss things of mutual interest for each organization. 15. ADJOURNMENT Mayor Hall adjourned the meeting at 7:53 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 11/18/15 CC A GENDA PACKET FAG 23 ADMINISTRATIVE REPORT 1{ MEETING DATE: 11/18/2015 Consent -Payments b. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 11/5/2015 VI %\N13 SUBJECT: Receive and file department payments from October 23, 2015 to November 5, 2015 in the amount of $13,445,348.67 Self Insurance payments, from October 23, 2015 to November 5, 2015 in the amount of $180,722.30, totaling $13,626,070.97. STAFF RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: ATTACHMENTS: Description 1 -AP Check Register Admin 11 -18 -15 2 -EPay Check Register Admin 11 -18 -15 Type C:3aCIH Ua p 11Matcwirl4 l C:3aCIH Ua p 11Mateirl4l 11/18/15 CC AGENDA PACKET FAG 2 11/5/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1 FROM 10/23/2015 TO 11/05/2015 Check Vendor Number Number Vendor Name Check Date Check Amount 628048 10047 GENTLEMEN OF BAKERSFIELD, LLC Oct 23, 2015 $30.48 628051 10047 GREG JEHLE Oct 23, 2015 $63.63 628061 10037 RAUL RO LES CO IAN Oct 23, 2015 $90.66 628047 2485 DEWALT CORPORATION Oct 23, 2015 $100.00 628067 10037 VIKTORAS VALIUS Oct 23, 2015 $105.20 628046 10037 CONNIE LOZANO Oct 23, 2015 $109.00 628056 21649 LOPEZ, MELVIN A Oct 23, 2015 $118.23 628065 20770 THORNTON, DENNIS Oct 23, 2015 $125.00 628075 7103 SJVAPCD Oct 23, 2015 $150.00 628062 10037 RICHARD A FISHER LAW OFFICE Oct 23, 2015 $155.00 628055 4861 KISCO SALES INC Oct 23, 2015 $195.88 628059 10037 MDM CONSTRUCTION Oct 23, 2015 $200.00 628066 10037 UNDERGROUND CONSTRUCTION Oct 23, 2015 $200.00 628060 6341 PHYSICIANS AUTOMATED LAB INC Oct 23, 2015 $224.00 628053 4435 KERN COUNTY CLERKS Oct 23, 2015 $300.00 628063 10037 SRM SPORTS INC Oct 23, 2015 $394.00 628058 10037 MCELFISH LAW FIRM Oct 23, 2015 $452.08 628074 10047 MARSHALL'S #363 % ROCKTENN Oct 23, 2015 $582.01 628054 16285 KERN COUNTY PLANNING DEPT Oct 23, 2015 $600.00 628068 10047 CITY OF BAK OR HPS MECHANICAL INC Oct 23, 2015 $626.02 628083 10198 KERN COUNTY PUBLIC EMP ASSOC Oct 23, 2015 $673.70 628085 26810 RELIASTAR LIFE INSURANCE CO Oct 23, 2015 $844.97 628057 15624 LOWE'S HOME IMPROVEMENT Oct 23, 2015 $1,270.19 9993074 24821 DEPARTMENT OF THE TREASURY Oct 23, 2015 $1,383.32 628073 4570 KCTTC - JORDAN KAUFMAN Oct 23, 2015 $1,470.01 628070 7933 HOME DEPOT Oct 23, 2015 $1,690.93 628072 7933 HOME DEPOT Oct 23, 2015 $1,880.59 628050 3452 GRAY AR ELECTRIC COMPANY Oct 23, 2015 $2,028.02 628084 10205 MUTUAL BENEFIT ASSOCIATION Oct 23, 2015 $2,145.45 628077 96 TYACK TIRES INC Oct 23, 2015 $2,230.47 628044 70256 ABC DRAFTING & CONSULTING Oct 23, 2015 $2,371.02 628045 24850 BUCHANAN, JAMES Oct 23, 2015 $2,880.00 628064 20246 STRINGER, AARON Oct 23, 2015 $3,011.98 628049 3427 GRAINGER INC, W W Oct 23, 2015 $3,013.55 628052 4288 KAMAN INDUSTRIAL TECHNOLOGIES INC Oct 23, 2015 $5,163.14 628078 19844 VAN WYK, MITCH Oct 23, 2015 $6,580.83 628081 10200 BAKERSFIELD FIREMEN RELIEF ASS Oct 23, 2015 $8,242.38 628080 10211 BAKERSFIELD FIREMEN Oct 23, 2015 $8,888.09 628079 10204 ASSOCIATION BKFD POLICE OFFICER FCU Oct 23, 2015 $14,797.65 628086 22324 SEIU LOCAL 521 Oct 23, 2015 $20,907.72 628082 10203 BAKERSFIELD POLICE BENEFIT Oct 23, 2015 $24,507.56 9993079 20699 VANTAGEPOINT TRANSFER AGENTS C/O Oct 23, 2015 $28,524.00 9993076 10217 I C M A RETIREMENT TRUST - 303749 Oct 23, 2015 $60,481.82 9993078 16863 NATIONWIDE RETIREMENT SOLUTIONS Oct 23, 2015 $100,067.31 9993075 30014 EMPLOYMENT DEVELOPMENT DEPT Oct 23, 2015 $183,875.51 9993077 30010 IRS Oct 23, 2015 $602,202.94 628119 10424 BLANTON, LOU Oct 28, 2015 $47.28 628097 10424 ANTE, PAULINE Oct 28, 2015 $60.85 628396 10424 RAY, HELEN Oct 28, 2015 $60.85 628142 10424 CARTER, DAVID Oct 28, 2015 $81.96 628162 10424 COMPTON, EDWARD & GWEN Oct 28, 2015 $81.96 628206 10424 FINKLE, BETTY ANN Oct 28, 2015 $81.96 S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 11/18/15 CC A GENDA PACKET PG 25 11/5/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 10/23/2015 TO 11/05/2015 Check Vendor Number Number Vendor Name Check Date Check Amount 628239 10424 GORDON, BEVERLY I Oct 28, 2015 $81.96 628242 10424 GREEN, RUTH Oct 28, 2015 $81.96 628278 10424 HULSEY, MARY Oct 28, 2015 $81.96 628304 10424 KUNCE, RONALD Oct 28, 2015 $81.96 628323 10424 MANNING, MADISON Oct 28, 2015 $81.96 628357 10424 MORRISON, BARBARA OR GLENNA Oct 28, 2015 $81.96 628370 10424 NORMAN, INEZ Oct 28, 2015 $81.96 628384 10424 PEREZ, DORIS Oct 28, 2015 $81.96 628391 10424 POTTER, GAYE LYNN Oct 28, 2015 $81.96 628414 10424 RODRIGUEZ, ESTEFANA Oct 28, 2015 $81.96 628322 10424 MAHAN, PATRICIA Oct 28, 2015 $87.41 628087 10424 ADAMS, GARY Oct 28, 2015 $90.66 628088 10424 ALAMEIDA, STANLEY Oct 28, 2015 $90.66 628089 10424 ALEXANDER, SUSAN Oct 28, 2015 $90.66 628090 10424 ALLSMAN, JEAN Oct 28, 2015 $90.66 628091 10424 ALMGREN, GERALD Oct 28, 2015 $90.66 628092 10424 ALVARADO, JENNIE Oct 28, 2015 $90.66 628093 10424 AMBROSINI, LILA Oct 28, 2015 $90.66 628094 10424 AMENDOLA, DELORES Oct 28, 2015 $90.66 628095 10424 ANGULO, GILBERT Oct 28, 2015 $90.66 628096 10424 ANNAN-WILEMON, MA EL Oct 28, 2015 $90.66 628098 10424 ANTHONY, BERNARD Oct 28, 2015 $90.66 628099 10424 ANTHONY, DONNA Oct 28, 2015 $90.66 628100 10424 ARMIJO, EMMA Oct 28, 2015 $90.66 628101 10424 ARMSTRONG, WILLIE Oct 28, 2015 $90.66 628102 10424 ASUNCION, IRENE Oct 28, 2015 $90.66 628103 10424 BAILEY, GEORGIA Oct 28, 2015 $90.66 628104 10424 BAKER, GARY Oct 28, 2015 $90.66 628105 10424 BARBER, ELIZABETH Oct 28, 2015 $90.66 628106 10424 BARNHILL, PAULA Oct 28, 2015 $90.66 628107 10424 BATES, JAMES Oct 28, 2015 $90.66 628108 10424 BE BOUT, DORIS J Oct 28, 2015 $90.66 628109 10424 BERNAL, MAURILIA Oct 28, 2015 $90.66 628110 10424 BERRY, SENEVA Oct 28, 2015 $90.66 628111 10424 BIERMAN, MARJORIE Oct 28, 2015 $90.66 628112 10424 BILLINGTON, GREG Oct 28, 2015 $90.66 628113 10424 BISCHOFF, BARBARA Oct 28, 2015 $90.66 628114 10424 BISHOP, DANNY Oct 28, 2015 $90.66 628115 10424 BLACKBURN, ROBERT Oct 28, 2015 $90.66 628116 10424 BLACKWOOD, LLOYD Oct 28, 2015 $90.66 628117 10424 BLAKE, RONALD Oct 28, 2015 $90.66 628118 10424 BLANCO,CAROL Oct 28, 2015 $90.66 628120 10424 BLEVINS, RONNIE Oct 28, 2015 $90.66 628121 10424 BOWER, DONALD Oct 28, 2015 $90.66 628122 10424 BOYCE, JERALD Oct 28, 2015 $90.66 628123 10424 OYD, BETTY Oct 28, 2015 $90.66 628124 10424 BRACAMONTE, JESUS Oct 28, 2015 $90.66 628125 10424 BRADSHAW, BONNIE Oct 28, 2015 $90.66 628126 10424 BREWER, LARRY Oct 28, 2015 $90.66 628127 10424 BROOKS, REBECCA Oct 28, 2015 $90.66 628128 10424 BROWN, BONNIE Oct 28, 2015 $90.66 628129 10424 BRYANT, JANICE Oct 28, 2015 $90.66 S:\Accounting\Dawn T\Admin - Council\2015\COUNCIL-ADMIN\ 11/18/15 CC A GENDA PACKET PG 2 6 11/5/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 3 FROM 10/23/2015 TO 11/05/2015 Check Vendor Number Number Vendor Name Check Date Check Amount 628130 10424 BRYANT, ROBERTA Oct 28, 2015 $90.66 628131 10424 BUDGE, MARILYN Oct 28, 2015 $90.66 628132 10424 BULLOCK, ERMA Oct 28, 2015 $90.66 628133 10424 BURTCHAELL, CRISTINA Oct 28, 2015 $90.66 628134 10424 CAGLE, LAURIE Oct 28, 2015 $90.66 628135 10424 CALDWELL, LES Oct 28, 2015 $90.66 628136 10424 CALHOUN, HIAWATHA T Oct 28, 2015 $90.66 628137 10424 CAMARILLO, EZEKIEL Oct 28, 2015 $90.66 628138 10424 CAREY, ALICE Oct 28, 2015 $90.66 628139 10424 CARRETE, RICHARD Oct 28, 2015 $90.66 628140 10424 CARRISALEZ, SEFERINO Oct 28, 2015 $90.66 628141 10424 CARROW, BRUCE Oct 28, 2015 $90.66 628143 10424 CASANOVA, KENNETH Oct 28, 2015 $90.66 628144 10424 CASPER, EILEEN Oct 28, 2015 $90.66 628145 10424 CASS, LESLIE Oct 28, 2015 $90.66 628146 10424 CASTRO, MARLENE Oct 28, 2015 $90.66 628147 10424 CASTRO, MYRNA Oct 28, 2015 $90.66 628148 10424 CASTRO, THOMAS Oct 28, 2015 $90.66 628149 10424 CATRON, ARCHIE Oct 28, 2015 $90.66 628150 10424 CAVAZOS, VIRGINIA Oct 28, 2015 $90.66 628151 10424 CHAN, GREGORY Oct 28, 2015 $90.66 628152 10424 CHAUDRY, VIRANDER Oct 28, 2015 $90.66 628153 10424 CHEVESS, BETTIE Oct 28, 2015 $90.66 628154 10424 CHUPEK, CATHERINE Oct 28, 2015 $90.66 628155 10424 CHURCHWELL, KAREN Oct 28, 2015 $90.66 628156 10424 CLARK, CLARENCE LEE Oct 28, 2015 $90.66 628157 10424 CLARK, DAVID Oct 28, 2015 $90.66 628158 10424 CLARK, SUSAN Oct 28, 2015 $90.66 628159 10424 CLAYTON, CLIFFORD Oct 28, 2015 $90.66 628160 10424 CLINE, ALLEN Oct 28, 2015 $90.66 628161 10424 COATES, ROBERTA Oct 28, 2015 $90.66 628163 10424 CONGDON, GERALDINE Oct 28, 2015 $90.66 628164 10424 CONTRERAS, GABRIEL Oct 28, 2015 $90.66 628165 10424 CONTRERAS, VICTORIA Oct 28, 2015 $90.66 628166 10424 COOK, ROGER Oct 28, 2015 $90.66 628167 10424 COSTERISAN, BILL Oct 28, 2015 $90.66 628168 10424 COWDEROY, BARBARA Oct 28, 2015 $90.66 628169 10424 COX, HOWARD Oct 28, 2015 $90.66 628170 10424 CUMMINS, WILLIAM OR CLARA Oct 28, 2015 $90.66 628171 10424 CURTSINGER, DOYLE Oct 28, 2015 $90.66 628172 10424 DANIEL, MARY Oct 28, 2015 $90.66 628173 10424 DANIEL, SANDRA Oct 28, 2015 $90.66 628174 10424 DAVIDSON, CAROL Oct 28, 2015 $90.66 628175 10424 DAVIS, BOBBIE Oct 28, 2015 $90.66 628176 10424 DAVIS, JUDSON JACK Oct 28, 2015 $90.66 628177 10424 DE VERA, ERLINDA Oct 28, 2015 $90.66 628178 10424 DEARMOND, MARGARET Oct 28, 2015 $90.66 628179 10424 DEIMEL, WILBUR Oct 28, 2015 $90.66 628180 10424 DELGADO, MANUEL Oct 28, 2015 $90.66 628181 10424 DENNING, ROBERT Oct 28, 2015 $90.66 628182 10424 DENNY, MARVIN Oct 28, 2015 $90.66 628183 10424 DESHERLIA, ROBERT Oct 28, 2015 $90.66 S:\Accounting\Dawn T\Admin - Council\2015\COUNCIL-ADMIN\ 11/18/15 CC A GENDA PACKET PG 27 11/5/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 4 FROM 10/23/2015 TO 11/05/2015 Check Vendor Number Number Vendor Name Check Date Check Amount 628184 10424 DEW ITZ, HAROLD Oct 28, 2015 $90.66 628185 10424 DOYLE, MICHAEL Oct 28, 2015 $90.66 628186 10424 DRUMMOND, ANNIE Oct 28, 2015 $90.66 628187 10424 RUMBLE, DUANE Oct 28, 2015 $90.66 628188 10424 DUMLER, MAXINE Oct 28, 2015 $90.66 628189 10424 DYKES, CAROLE Oct 28, 2015 $90.66 628190 10424 EBLING, JIM Oct 28, 2015 $90.66 628191 10424 ELCANO, OLIVIA J Oct 28, 2015 $90.66 628192 10424 ELDRIDGE, EDWARD Oct 28, 2015 $90.66 628193 10424 ELLIOTT, MARY JO Oct 28, 2015 $90.66 628194 10424 ERWIN, LEONARD Oct 28, 2015 $90.66 628195 10424 ETCHEGORRY, VICTOR E Oct 28, 2015 $90.66 628196 10424 EVANS, MARY Oct 28, 2015 $90.66 628197 10424 FAIR 111, THOMAS Oct 28, 2015 $90.66 628198 10424 FAMBROUGH, STEVEN Oct 28, 2015 $90.66 628199 10424 FERDON, RAMONA Oct 28, 2015 $90.66 628200 10424 FERGUSON, BARBARA Oct 28, 2015 $90.66 628201 10424 FERNANDEZ, MARIA Oct 28, 2015 $90.66 628202 10424 FIDLER, STEVE Oct 28, 2015 $90.66 628203 10424 FIELDS, WILLIE Oct 28, 2015 $90.66 628204 10424 FIGURES, ODIS Oct 28, 2015 $90.66 628205 10424 FIKE, SANDRA Oct 28, 2015 $90.66 628207 10424 FLANAGAN, MICHAEL Oct 28, 2015 $90.66 628208 10424 FLEISCHER, SANDRA Y Oct 28, 2015 $90.66 628209 10424 FLESHER, JUDITH Oct 28, 2015 $90.66 628210 10424 FLORIANO, DINA Oct 28, 2015 $90.66 628211 10424 FONNER, DIANE Oct 28, 2015 $90.66 628212 10424 FORD, CLARA VERN Oct 28, 2015 $90.66 628213 10424 FOWLER, DALE E Oct 28, 2015 $90.66 628214 10424 FOX, CAROLYN Oct 28, 2015 $90.66 628215 10424 FRAETIS, PETER Oct 28, 2015 $90.66 628216 10424 FRANCIS, DENIS Oct 28, 2015 $90.66 628217 10424 FREDERICK, SCOTT Oct 28, 2015 $90.66 628218 10424 CABIN, FRANK Oct 28, 2015 $90.66 628219 10424 GALLAGHER, JUDY Oct 28, 2015 $90.66 628220 10424 GAMARGO, FLAVIA Oct 28, 2015 $90.66 628221 10424 GARCIA, GEORGE Oct 28, 2015 $90.66 628222 10424 GARCIA, LEOBARDO Oct 28, 2015 $90.66 628223 10424 GARY, BARBARA Oct 28, 2015 $90.66 628224 10424 GEISSEL, CLARENCE Oct 28, 2015 $90.66 628225 10424 GEORGE, PEGGY Oct 28, 2015 $90.66 628226 10424 GEORGENTON, COLEEN Oct 28, 2015 $90.66 628227 10424 GERALDINE, HILAIRE ANN Oct 28, 2015 $90.66 628228 10424 GIDDINGS, GARY Oct 28, 2015 $90.66 628229 10424 GIFFORD, MADELAINE E Oct 28, 2015 $90.66 628230 10424 GIFFORD, RALPH Oct 28, 2015 $90.66 628231 10424 GILDEN JR, PAUL W Oct 28, 2015 $90.66 628232 10424 GILIBERTO, JOAN Oct 28, 2015 $90.66 628233 10424 GINILEWICZ, STEFAN Oct 28, 2015 $90.66 628234 10424 GLANTZ, GERALDINE Oct 28, 2015 $90.66 628235 10424 GOEN, ROSIA LEE Oct 28, 2015 $90.66 628236 10424 GONZALES, ALICE Oct 28, 2015 $90.66 S:\Accounting\Dawn T\Admin - Council\2015\COUNCIL-ADMIN\ 11118115 CC AGENDA PACKET PG 28 11/5/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 5 FROM 10/23/2015 TO 11/05/2015 Check Vendor Number Number Vendor Name Check Date Check Amount 628237 10424 GONZALEZ, MANUEL Oct 28, 2015 $90.66 628238 10424 GOODMON, RONNA Oct 28, 2015 $90.66 628240 10424 GOTCHER, JACK Oct 28, 2015 $90.66 628241 10424 GRAY, PHYLLIS DIANE Oct 28, 2015 $90.66 628243 10424 GRISHAM, DARRELL Oct 28, 2015 $90.66 628244 10424 GRUMBLES, BETTY Oct 28, 2015 $90.66 628245 10424 GUEDA, SOPHIE Oct 28, 2015 $90.66 628246 10424 GUEST, DOROTHY Oct 28, 2015 $90.66 628247 10424 GURNSEY, ROY Oct 28, 2015 $90.66 628248 10424 GUTIERREZ, FLORENCIO Oct 28, 2015 $90.66 628249 10424 GUTIERREZ, MARY B Oct 28, 2015 $90.66 628250 10424 HALE, BOBBIE Oct 28, 2015 $90.66 628251 10424 HALL, WANDA Oct 28, 2015 $90.66 628252 10424 HAMER, LILLIE Oct 28, 2015 $90.66 628253 10424 HAMILTON, GORDON Oct 28, 2015 $90.66 628254 10424 HAMLIN, NANCY Oct 28, 2015 $90.66 628255 10424 HANLIN, FRANK Oct 28, 2015 $90.66 628256 10424 HANNA, FIKRY Oct 28, 2015 $90.66 628257 10424 HANSEN, IRENE Oct 28, 2015 $90.66 628258 10424 HANSON, MARY Oct 28, 2015 $90.66 628259 10424 HARRIS, WAYMAN Oct 28, 2015 $90.66 628260 10424 HART, ERNEST Oct 28, 2015 $90.66 628261 10424 HAUPT, CATHERINE S Oct 28, 2015 $90.66 628262 10424 HAUPTMAN, EDWARD OR EILEEN Oct 28, 2015 $90.66 628263 10424 HAYES,ALAYNE Oct 28, 2015 $90.66 628264 10424 HAYMOND, YOUNG S Oct 28, 2015 $90.66 628265 10424 HEDIEN, ALAN Oct 28, 2015 $90.66 628266 10424 HEFNER JR, ARTHUR Oct 28, 2015 $90.66 628267 10424 HEISEY, WILLIAM Oct 28, 2015 $90.66 628268 10424 HELVIE, SUSAN R Oct 28, 2015 $90.66 628269 10424 HENSON, CHARLES Oct 28, 2015 $90.66 628270 10424 HICKOX, DIXIE Oct 28, 2015 $90.66 628271 10424 HIGGINS, ALOTHEA Oct 28, 2015 $90.66 628272 10424 HILL, ADA Oct 28, 2015 $90.66 628273 10424 HINOJOSA, JUAN Oct 28, 2015 $90.66 628274 10424 HO S, BEVERLY Oct 28, 2015 $90.66 628275 10424 HOLLOWAY, ELDON Oct 28, 2015 $90.66 628276 10424 HOUSER, WILLIAM R Oct 28, 2015 $90.66 628277 10424 HUBBARD, LEWIS Oct 28, 2015 $90.66 628279 10424 HUTCHISON, MADALYN Oct 28, 2015 $90.66 628280 10424 HYLTON, CHRISTELLA Oct 28, 2015 $90.66 628281 10424 IBARRA,MARGARET Oct 28, 2015 $90.66 628282 10424 IRBY, JOHN Oct 28, 2015 $90.66 628283 10424 IRWIN, H JAYNETTE Oct 28, 2015 $90.66 628284 10424 JACKSON, ANNA M Oct 28, 2015 $90.66 628285 10424 JACKSON, FLOYD W Oct 28, 2015 $90.66 628286 10424 JENKINS, PAULINE Oct 28, 2015 $90.66 628287 10424 JENNINGS, HUGUETTE Oct 28, 2015 $90.66 628288 10424 JENNINGS, WALLENA Oct 28, 2015 $90.66 628289 10424 JOHNSON, FRED OR CAROL Oct 28, 2015 $90.66 628290 10424 JOHNSON, MARTHA Oct 28, 2015 $90.66 628291 10424 JORDIN, CHARLES Oct 28, 2015 $90.66 S:\Accounting\Dawn T\Admin - Council\2015\COUNCIL-ADMIN\ 11/18/15 CC A GENDA PACKET PG 29 11/5/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 6 FROM 10/23/2015 TO 11/05/2015 Check Vendor Number Number Vendor Name Check Date Check Amount 628292 10424 JUAREZ, RAMON Oct 28, 2015 $90.66 628293 10424 KAHANIC, STEVEN Oct 28, 2015 $90.66 628294 10424 KANDLE, FRANCES Oct 28, 2015 $90.66 628295 10424 KAYMAN, JUE Oct 28, 2015 $90.66 628296 10424 KELLENBERGER, LONNIE Oct 28, 2015 $90.66 628297 10424 KELLEY, DONALD Oct 28, 2015 $90.66 628298 10424 KENNEDY, JOYCE Oct 28, 2015 $90.66 628299 10424 KEY, ROBERT Oct 28, 2015 $90.66 628300 10424 KING SR, DAVID A Oct 28, 2015 $90.66 628301 10424 KIPFER, ERNEST Oct 28, 2015 $90.66 628302 10424 KIRKEBY, JOHN Oct 28, 2015 $90.66 628303 10424 KOTOWSKE, HELEN Oct 28, 2015 $90.66 628305 10424 LACEY, MIRIAM Oct 28, 2015 $90.66 628306 10424 LATTA, LARRY Oct 28, 2015 $90.66 628307 10424 LAUZON, DEBORAH Oct 28, 2015 $90.66 628308 10424 LAY, VICKI Oct 28, 2015 $90.66 628309 10424 LEI Y, DEYANE Oct 28, 2015 $90.66 628310 10424 LEPPKE, PENINNAH Oct 28, 2015 $90.66 628311 10424 LESLIE, LEWIS Oct 28, 2015 $90.66 628312 10424 LEWIS, ETEL Oct 28, 2015 $90.66 628313 10424 LILLIE, GEORGEANN Oct 28, 2015 $90.66 628314 10424 LOEB,ALBERT Oct 28, 2015 $90.66 628315 10424 LONA, SERVANDO Oct 28, 2015 $90.66 628316 10424 LONG, BARBARA R Oct 28, 2015 $90.66 628317 10424 LOPEZ, VERA Oct 28, 2015 $90.66 628318 10424 LOREY, CRAIG Oct 28, 2015 $90.66 628319 10424 LUJAN, JUAN Oct 28, 2015 $90.66 628320 10424 LYKINS, CYNTHIA Oct 28, 2015 $90.66 628321 10424 MADSON, ROBERT Oct 28, 2015 $90.66 628324 10424 MARTI NEZ-GARCIA, PAULYNNE Oct 28, 2015 $90.66 628325 10424 MARTINEZ, GILBERT Oct 28, 2015 $90.66 628326 10424 MARTINEZ, LEO Oct 28, 2015 $90.66 628327 10424 MASONHEIMER, DONNA Oct 28, 2015 $90.66 628328 10424 MASTERS, JEAN Oct 28, 2015 $90.66 628329 10424 MAYNARD, NORMAN Oct 28, 2015 $90.66 628330 10424 MAYS, MARIE Oct 28, 2015 $90.66 628331 10424 MC ABEE, HOWARD OR JOYCE Oct 28, 2015 $90.66 628332 10424 MC QUIRE, MICHAEL Oct 28, 2015 $90.66 628333 10424 MC KAY, FLORENCE Oct 28, 2015 $90.66 628334 10424 MC MASTERS, RICHARD Oct 28, 2015 $90.66 628335 10424 MCGEHEE, VERLIN Oct 28, 2015 $90.66 628336 10424 MCMURDO, WILLIAM F Oct 28, 2015 $90.66 628337 10424 MEAGLIA, JUDY Oct 28, 2015 $90.66 628338 10424 MEEKS, RICHARD Oct 28, 2015 $90.66 628339 10424 MELLING, MYRNA Oct 28, 2015 $90.66 628340 10424 MELTON, CAROLYN Oct 28, 2015 $90.66 628341 10424 MENDOZA, MERCEDES Oct 28, 2015 $90.66 628342 10424 MERCER, LYNNE Oct 28, 2015 $90.66 628343 10424 MIL URN, JOYCE Oct 28, 2015 $90.66 628344 10424 MILLER, BRENDA Oct 28, 2015 $90.66 628345 10424 MILLER, JUDITH Oct 28, 2015 $90.66 628346 10424 MITCHELL, KENNETH Oct 28, 2015 $90.66 S:\Accounting\Dawn T\Admin - Council\2015\COUNCIL-ADMIN\ 11118115 CC AGENDA PACKET PG 30 11/5/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 7 FROM 10/23/2015 TO 11/05/2015 Check Vendor Number Number Vendor Name Check Date Check Amount 628347 10424 MONDS, BOBBIE JEAN Oct 28, 2015 $90.66 628348 10424 MONSMA, JOHN Oct 28, 2015 $90.66 628349 10424 MOORE, DOROTHY H Oct 28, 2015 $90.66 628350 10424 MOORE, SHIRLENE F Oct 28, 2015 $90.66 628351 10424 MOORE, WILLIAM L Oct 28, 2015 $90.66 628352 10424 MORELAND, MARY Oct 28, 2015 $90.66 628353 10424 MORENO, ALBERT Oct 28, 2015 $90.66 628354 10424 MORENO, ROSIE Oct 28, 2015 $90.66 628355 10424 MORGAN, GEORGIA Oct 28, 2015 $90.66 628356 10424 MORRIS, MICHAEL Oct 28, 2015 $90.66 628358 10424 MOSIER, RICHARD Oct 28, 2015 $90.66 628359 10424 MOYER, STEVE Oct 28, 2015 $90.66 628360 10424 MULHOLLAND, SHIRLEY Oct 28, 2015 $90.66 628361 10424 MUNOZ, FRANK Oct 28, 2015 $90.66 628362 10424 MUNOZ, RAFAEL OR LURE Oct 28, 2015 $90.66 628363 10424 MURPHY, BARBARA Oct 28, 2015 $90.66 628364 10424 MURPHY, JAMES Oct 28, 2015 $90.66 628365 10424 MYAING, JULIET Oct 28, 2015 $90.66 628366 10424 NAJERA, MANUEL OR LURE Oct 28, 2015 $90.66 628367 10424 NAZAR, VICTOR Oct 28, 2015 $90.66 628368 10424 NESBIT, MARY Oct 28, 2015 $90.66 628369 10424 NIDAY, MADGIE Oct 28, 2015 $90.66 628371 10424 NORTHROP, DALE Oct 28, 2015 $90.66 628372 10424 NORTON, SUE Oct 28, 2015 $90.66 628373 10424 0 NEILL, DENIS Oct 28, 2015 $90.66 628374 10424 OLIVER, DAVID Oct 28, 2015 $90.66 628375 10424 OLNEY, JONATHAN Oct 28, 2015 $90.66 628376 10424 OLSON, FERNE Oct 28, 2015 $90.66 628377 10424 ORDWAY, LARRY Oct 28, 2015 $90.66 628378 10424 ORTIZ, JOHN Oct 28, 2015 $90.66 628379 10424 OSTHIMER, SHARON Oct 28, 2015 $90.66 628380 10424 PATEL, MANIBHAI Oct 28, 2015 $90.66 628381 10424 PATTERSON, ROBERT Oct 28, 2015 $90.66 628382 10424 PAULSON, JACQUELINE Oct 28, 2015 $90.66 628383 10424 PEDROZA, LORETTA Oct 28, 2015 $90.66 628385 10424 PETRINI, LOUIS Oct 28, 2015 $90.66 628386 10424 PETTIJOHN, JO ANN Oct 28, 2015 $90.66 628387 10424 PETTY, MARTHA Oct 28, 2015 $90.66 628388 10424 PHILLIPS, PEGGY Oct 28, 2015 $90.66 628389 10424 PHOMMATHETH, SAENG Oct 28, 2015 $90.66 628390 10424 PLESA, ELEONORE Oct 28, 2015 $90.66 628392 10424 RAFFEL, GODFREY GUNTRAM Oct 28, 2015 $90.66 628393 10424 RAINEY, PATRICIA Oct 28, 2015 $90.66 628394 10424 RAMIREZ, RICHARD Oct 28, 2015 $90.66 628395 10424 RANDALL, JOANN Oct 28, 2015 $90.66 628397 10424 REAZA, HENRY OR ALICE Oct 28, 2015 $90.66 628398 10424 REESE SR, BRADLEY J Oct 28, 2015 $90.66 628399 10424 RESSEGUIE, JAMES Oct 28, 2015 $90.66 628400 10424 RHEA, DAVID Oct 28, 2015 $90.66 628401 10424 RHOADES, LARRY Oct 28, 2015 $90.66 628402 10424 RICE, FRANCES Oct 28, 2015 $90.66 628403 10424 RICE, SHIRLEY Oct 28, 2015 $90.66 S:\Accounting\Dawn T\Admin - Council\2015\COUNCIL-ADMIN\ 11/18/15 CC A GENDA PACKET PG 31 11/5/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 8 FROM 10/23/2015 TO 11/05/2015 Check Vendor Number Number Vendor Name Check Date Check Amount 628404 10424 RICHARD, MARY DARLENE Oct 28, 2015 $90.66 628405 10424 RIFFO, BARBRO Oct 28, 2015 $90.66 628406 10424 RIGGLE, VIRGINIA Oct 28, 2015 $90.66 628407 10424 RILEY, KATHARINE Oct 28, 2015 $90.66 628408 10424 RINKER, FAYE Oct 28, 2015 $90.66 628409 10424 ROARK, MICHELE Oct 28, 2015 $90.66 628410 10424 ROBINSON, MARY M Oct 28, 2015 $90.66 628411 10424 ROBLES, DOLORES Oct 28, 2015 $90.66 628412 10424 ROBLES, EVA Oct 28, 2015 $90.66 628413 10424 RODERICK, VERDA Oct 28, 2015 $90.66 628415 10424 RODRIGUEZ, MANUEL Oct 28, 2015 $90.66 628416 10424 RODRIGUEZ, RU EN Oct 28, 2015 $90.66 628417 10424 ROONEY, RICHARD Oct 28, 2015 $90.66 628418 10424 ROTH ERG, ANNA Oct 28, 2015 $90.66 628419 10424 ROWE, VIVIAN Oct 28, 2015 $90.66 628420 10424 ROWLES, SHARON Oct 28, 2015 $90.66 628421 10424 ROYAL, WINNIE Oct 28, 2015 $90.66 628422 10424 RU ASH, LOU ELLEN Oct 28, 2015 $90.66 628423 10424 RUHL, CHARLES Oct 28, 2015 $90.66 628424 10424 RUIZ, MARY Oct 28, 2015 $90.66 628425 10424 SAHOTA, BEVERLY Oct 28, 2015 $90.66 628426 10424 SALAZAR, ROZELA Oct 28, 2015 $90.66 628427 10424 SALVAGGIO, MARK Oct 28, 2015 $90.66 628428 10424 SANFORD, CHRISTEENE Oct 28, 2015 $90.66 628429 10424 SANTELLE, GAYLON Oct 28, 2015 $90.66 628430 10424 SAYRE, FAYE Oct 28, 2015 $90.66 628431 10424 SCEALES, LANA Oct 28, 2015 $90.66 628432 10424 SCHEIDLE, DANIEL OR JANE Oct 28, 2015 $90.66 628433 10424 SCHERGER, ROGER Oct 28, 2015 $90.66 628434 10424 SCHLOTTACH, JAMES Oct 28, 2015 $90.66 628435 10424 SCHORLING, EVELYN P Oct 28, 2015 $90.66 628436 10424 SCRIVNER, VOYN Oct 28, 2015 $90.66 628437 10424 SELIGER, DONETTA Oct 28, 2015 $90.66 628438 10424 SERRANO, FRANCISCO Oct 28, 2015 $90.66 628439 10424 SESSIONS, ROY Oct 28, 2015 $90.66 628440 10424 SHERRILL, 0 DELL Oct 28, 2015 $90.66 628441 10424 SHOCKLEY, SHARON Oct 28, 2015 $90.66 628442 10424 SHREWSBURY, CYNTHIA Oct 28, 2015 $90.66 628443 10424 SIEFERT, BETTY L Oct 28, 2015 $90.66 628444 10424 SIMONS, EDWARD Oct 28, 2015 $90.66 628445 10424 SIMONS, JEWEL & DARRELL Oct 28, 2015 $90.66 628446 10424 SIMPSON, EUGENE OR FAYE Oct 28, 2015 $90.66 628447 10424 SIMS, EDITH Oct 28, 2015 $90.66 628448 10424 SINGH, PIARA Oct 28, 2015 $90.66 628449 10424 SLAUGHTER MANNIN, MARY Oct 28, 2015 $90.66 628450 10424 SMITH, IRMA Oct 28, 2015 $90.66 628451 10424 SMOOT, L ADRIENNE Oct 28, 2015 $90.66 628452 10424 SOSA, CLARE Oct 28, 2015 $90.66 628453 10424 SOUSA, CYNTHIA Oct 28, 2015 $90.66 628454 10424 SPAIN, DONNA Oct 28, 2015 $90.66 628455 10424 STEED, LOUISE Oct 28, 2015 $90.66 628456 10424 STEPHENS, CONSTANCE Oct 28, 2015 $90.66 S:\Accounting\Dawn T\Admin - Council\2015\COUNCIL-ADMIN\ 11/18/15 CC A GENDA PACKET PG 32 11/5/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 9 FROM 10/23/2015 TO 11/05/2015 Check Vendor Number Number Vendor Name Check Date Check Amount 628457 10424 STEVENSON, RICHARD Oct 28, 2015 $90.66 628458 10424 STEWART, ALICE JOY Oct 28, 2015 $90.66 628459 10424 STEWART, BARBARA Oct 28, 2015 $90.66 628460 10424 STEWART, RAYMOND Oct 28, 2015 $90.66 628461 10424 STIEBER, MARY ANN Oct 28, 2015 $90.66 628462 10424 STINSON, PERRI Oct 28, 2015 $90.66 628463 10424 STONE, COLLEEN Oct 28, 2015 $90.66 628464 10424 STORMS, JOAN Oct 28, 2015 $90.66 628465 10424 STRICKLAND, ALVA Oct 28, 2015 $90.66 628466 10424 SUMMERS, EARLENE Oct 28, 2015 $90.66 628467 10424 SVITIL, EDWARD Oct 28, 2015 $90.66 628468 10424 SWANSON, KENNETH Oct 28, 2015 $90.66 628469 10424 TAYLOR, WILLIAM Oct 28, 2015 $90.66 628470 10424 TESSANDORI, ROSE M Oct 28, 2015 $90.66 628471 10424 THOMAS, WANDA Oct 28, 2015 $90.66 628472 10424 THOMPSON, MARILYN Oct 28, 2015 $90.66 628473 10424 TORRES, JOE R OR EMILY P Oct 28, 2015 $90.66 628474 10424 TRAMMELL, MARCIA Oct 28, 2015 $90.66 628475 10424 TRANG, TRONG T Oct 28, 2015 $90.66 628476 10424 TUCKER, EDWARD Oct 28, 2015 $90.66 628477 10424 URQUHART, DON Oct 28, 2015 $90.66 628478 10424 VALLES, JOSEPHINE Oct 28, 2015 $90.66 628479 10424 VERBECK, PATRICIA Oct 28, 2015 $90.66 628480 10424 VIGIL, WILLIAM Oct 28, 2015 $90.66 628481 10424 VILLAREAL, RAYMOND Oct 28, 2015 $90.66 628482 10424 VINSON, THELMA Oct 28, 2015 $90.66 628483 10424 WALKER, BARBARA Oct 28, 2015 $90.66 628484 10424 WALKER, JIMMY Oct 28, 2015 $90.66 628485 10424 WALKER, KATHRYN Oct 28, 2015 $90.66 628486 10424 WARD, DONALD Oct 28, 2015 $90.66 628487 10424 WATERS, HARRIS Oct 28, 2015 $90.66 628488 10424 WATERS, TERRY Oct 28, 2015 $90.66 628489 10424 WATSON SR, COLUMBUS Oct 28, 2015 $90.66 628490 10424 WATSON, MEREDITH Oct 28, 2015 $90.66 628491 10424 WE BB, STEPHEN J Oct 28, 2015 $90.66 628492 10424 WELLS, JOSEPH Oct 28, 2015 $90.66 628493 10424 WELLS, LORETTA J Oct 28, 2015 $90.66 628494 10424 WELLS, LYNDA Oct 28, 2015 $90.66 628495 10424 WEST, CARMEN Oct 28, 2015 $90.66 628496 10424 WEST, DALLAS J Oct 28, 2015 $90.66 628497 10424 WEST, JEAN Oct 28, 2015 $90.66 628498 10424 WHEELER JR, CHARLES Oct 28, 2015 $90.66 628499 10424 WILLIAM, WINTER Oct 28, 2015 $90.66 628500 10424 WILLIAMS, BARBARA Oct 28, 2015 $90.66 628501 10424 WILLIAMS, CAROL Oct 28, 2015 $90.66 628502 10424 WILLIAMS, ESLA JEAN Oct 28, 2015 $90.66 628503 10424 WILMOT, DONNA Oct 28, 2015 $90.66 628504 10424 WINTLE, ROBERT Oct 28, 2015 $90.66 628505 10424 WISWALL, ANN LYNNE Oct 28, 2015 $90.66 628506 10424 WITHAM, WINFORD Oct 28, 2015 $90.66 628507 10424 WOLTER, LOREN Oct 28, 2015 $90.66 628508 10424 WONG, MEEYING Oct 28, 2015 $90.66 S:\Accounting\Dawn T\Admin - Council\2015\COUNCIL-ADMIN\ 11/18/15 CC A GENDA PACKET PG 33 11/5/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 10 FROM 10/23/2015 TO 11/05/2015 Check Vendor Number Number Vendor Name Check Date Check Amount 628509 10424 WRIGHT, KATHRYN Oct 28, 2015 $90.66 628510 10424 YOUNG, FRANCES Oct 28, 2015 $90.66 628511 10424 YOUNG, GARY Oct 28, 2015 $90.66 628512 10424 YOUNG, RONALD Oct 28, 2015 $90.66 628513 10424 ZAJACK, DENNIS Oct 28, 2015 $90.66 628514 10424 ZANINOVICH, TONKO Oct 28, 2015 $90.66 628515 10424 ZIMMERMAN, BARBARA Oct 28, 2015 $90.66 628516 10424 ZUNIGA, BETTY Oct 28, 2015 $90.66 628633 26242 QUALITY FIRE TRUCK PARTS Oct 29, 2015 $20.06 628619 5547 MINUTEMAN PRESS Oct 29, 2015 $22.23 628549 2050 CLIFFORD & BROWN Oct 29, 2015 $26.95 628571 19657 FIRST CHOICE SERVICES INC Oct 29, 2015 $33.00 628572 25339 FLEET SERVICES TOWING INC Oct 29, 2015 $35.00 628643 27515 RULOPH, GREG Oct 29, 2015 $42.00 628528 841 BAKERSFIELD RUBBER STAMP CO Oct 29, 2015 $45.05 628541 11613 BSK ANALYTICAL LABORATORIES Oct 29, 2015 $48.00 628716 5700 MOTON, LISA Oct 29, 2015 $50.15 628523 520 AUTO TINT WEST INC Oct 29, 2015 $52.25 628614 27890 MERCY PLAZA RESPIRATORY Oct 29, 2015 $54.00 628659 30011 STATE OF CALIFORNIA Oct 29, 2015 $57.50 628636 6682 RAYMONDS TROPHY AND AWARDS Oct 29, 2015 $57.51 628524 25940 BACA, ANTHONY Oct 29, 2015 $63.00 628554 27509 CONTRERAS, ANGEL Oct 29, 2015 $63.00 628586 28428 HENDERSON, TYLER Oct 29, 2015 $63.00 628580 27868 GERRY, CHRISTOPHER Oct 29, 2015 $63.12 628597 4226 JOHNSTONE SUPPLY OF BAKERSFIEL Oct 29, 2015 $64.50 628526 24027 BAKERSFIELD PEST CONTROL Oct 29, 2015 $65.00 628658 7586 SPECIALTY TRIM & AWNING INC Oct 29, 2015 $65.00 628638 6727 REFRIGERATION SUPPLIES DIST. INC Oct 29, 2015 $66.78 628728 7096 SJVAPCD Oct 29, 2015 $75.00 628682 23026 3 D IMAGING SYSTEMS INC Oct 29, 2015 $84.04 628729 25468 SSD SYSTEMS INC Oct 29, 2015 $90.74 628533 557 BARC Oct 29, 2015 $96.25 628717 12273 NATIONAL NOTARY ASSOCIATION Oct 29, 2015 $99.00 628704 2214 COUNTY OF KERN Oct 29, 2015 $100.00 628598 4243 JORGENSEN & CO Oct 29, 2015 $101.12 628594 605 JAMAR TECHNOLOGIES INC Oct 29, 2015 $103.97 628600 7492 KERN MACHINERY INC Oct 29, 2015 $104.06 628534 28231 BIG BRAND TIRE CO Oct 29, 2015 $105.00 628666 25338 TEN EIGHT TOW INC Oct 29, 2015 $105.00 628663 22630 SUPER CIRCUITS Oct 29, 2015 $108.76 628530 875 BAKERSFIELD TRUCK CENTER Oct 29, 2015 $114.14 628518 28369 ALVAREZ, LUIS Oct 29, 2015 $126.00 628540 24464 BROWN, CLAUDE Oct 29, 2015 $126.00 628626 27514 PHILLIPS, CHARLIE Oct 29, 2015 $126.00 628656 24476 SOTO, ROBERT Oct 29, 2015 $126.00 628664 28163 SWITZER, PHILIP Oct 29, 2015 $126.00 628653 7434 SMART & FINAL IRIS COMPANY Oct 29, 2015 $134.10 628569 2901 FEDEX Oct 29, 2015 $135.70 628671 8319 UNITED PARCEL SERVICE Oct 29, 2015 $146.68 628559 25063 DANIEL JR, ALBERTO Oct 29, 2015 $152.50 628639 28539 RETAIL SYSTEMS OF CALIFORNIA LLC Oct 29, 2015 $153.58 S:\Accounting\Dawn T\Admin - Council\2015\COUNCIL-ADMIN\ 11/18/15 CC A GENDA PACKET PG 34 11/5/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 11 FROM 10/23/2015 TO 11/05/2015 Check Vendor Number Number Vendor Name Check Date Check Amount 628668 21305 TREK DIGITAL PRODUCTS INC Oct 29, 2015 $154.44 628714 5133 LOOP ELECTRIC INC Oct 29, 2015 $158.17 628604 4277 KME FIRE APPARATUS Oct 29, 2015 $161.88 628583 3452 GRAY AR ELECTRIC COMPANY Oct 29, 2015 $163.56 628715 19466 MAGANA, SUSAN Oct 29, 2015 $168.69 628622 14515 OXLEY'S PEST CONTROL INC Oct 29, 2015 $175.00 628620 5688 MOTION INDUSTRIES INC Oct 29, 2015 $178.74 628608 23743 LANDSCAPE DEVELOPMENT INC Oct 29, 2015 $180.00 628652 25586 SIMS, LUKIOUS Oct 29, 2015 $180.00 628629 178 PRAXAIR DISTRIBUTION INC Oct 29, 2015 $181.08 628585 3569 H & S BODY WORKS & TOWING Oct 29, 2015 $185.00 628573 26311 FLOWERS, MARTY Oct 29, 2015 $189.00 628535 23444 BILLINGSLEY, MATTHEW Oct 29, 2015 $201.00 628564 10723 DOUGHERTY, JOSEPH Oct 29, 2015 $205.00 628537 1175 BOBS WHOLESALE AUTO GLASS Oct 29, 2015 $205.42 628680 9244 ZEP MANUFACTURING COMPANY Oct 29, 2015 $207.52 628519 987 AMERICAN FABRICATION Oct 29, 2015 $209.63 628623 6448 P T O SALES CORP / TRUCKPRO LLC Oct 29, 2015 $218.77 628546 24940 CAMPBELL, CHRIS Oct 29, 2015 $225.00 628555 27684 COURTHOUSE NEWS SERVICE Oct 29, 2015 $225.00 628557 23293 CUSTOM FISHING RODS Oct 29, 2015 $227.50 628536 28341 BOB'S AUTO GLASS INC Oct 29, 2015 $228.96 628611 5138 LORENZI, GEORGINA Oct 29, 2015 $252.67 628665 13915 TACTICAL TAILOR Oct 29, 2015 $256.51 628731 8124 TRAYNOR, SHARON Oct 29, 2015 $259.43 628576 3120 FRED C GIL ERT CO Oct 29, 2015 $263.38 628637 28480 READY REFRESH Oct 29, 2015 $273.45 628574 3028 FLOYDS GENERAL STORE Oct 29, 2015 $290.25 628635 3249 RAY GASKIN SERVICE INC Oct 29, 2015 $298.53 628660 7636 STATE WATER RESOURCES CONTROL BOARD Oct 29, 2015 $300.00 628654 7459 SNIDER'S INC Oct 29, 2015 $302.83 628553 695 COMPUCOM SYSTEMS INC Oct 29, 2015 $305.20 628517 67 ACME POOL SUPPLY Oct 29, 2015 $322.48 628605 24378 KNOWLEDGE FRONT Oct 29, 2015 $360.00 628548 1888 CHAMPION HARDWARE Oct 29, 2015 $366.37 628542 10267 BUDGET BOLT INC Oct 29, 2015 $368.62 628703 1944 CHICAGO TITLE COMPANY INC Oct 29, 2015 $374.77 628591 25159 ID WHOLESALER Oct 29, 2015 $376.46 628601 4680 KERN RIVER POWER EQUIPMENT INC Oct 29, 2015 $395.49 628675 19776 WEST PAYMENT CENTER Oct 29, 2015 $411.43 628607 4941 KUSTOM SIGNALS INC Oct 29, 2015 $430.00 628674 28130 WE DO PLASTICS Oct 29, 2015 $471.50 628657 11907 SPARKLETTS /SIERRA SPRINGS Oct 29, 2015 $490.88 628642 6915 ROUND -UP FEED AND PET SUPPLY Oct 29, 2015 $492.27 628595 19729 JAMES WOMACK Oct 29, 2015 $495.00 628727 28554 RED HELMET TRAINING Oct 29, 2015 $500.00 628520 26835 AMERICAN RED CROSS - HEALTH & Oct 29, 2015 $518.00 628662 7727 SUN BADGE CO Oct 29, 2015 $540.29 628672 1148 WATER SAFETY PRODUCTS INC Oct 29, 2015 $547.19 628587 23804 HERNANDEZ, MATTHEW Oct 29, 2015 $567.00 628631 20633 PUETZ, ANDREW Oct 29, 2015 $567.00 628687 13631 AR /PERP Oct 29, 2015 $575.00 S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 11/18/15 CC A GENDA PACKET PG 35 11/5/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 12 FROM 10/23/2015 TO 11/05/2015 Check Vendor Number Number Vendor Name Check Date Check Amount 628641 28482 ROSS VIDEO LIMITED Oct 29, 2015 $579.44 628677 8995 WHOLESALE FUELS Oct 29, 2015 $604.13 628609 22408 LEHR AUTO ELECTRIC Oct 29, 2015 $607.32 628577 19119 GARVEY EQUIPMENT CO INC Oct 29, 2015 $608.27 628566 2811 ENTENMANN ROVIN CO Oct 29, 2015 $619.77 628525 675 BAKERSFIELD CALIFORNIAN Oct 29, 2015 $630.10 628527 971 BAKERSFIELD PLUMBING CO INC Oct 29, 2015 $643.81 628632 785 PURIFYING SYSTEMS INC Oct 29, 2015 $652.78 628610 22149 LIZARDTECH SOFTWARE Oct 29, 2015 $655.00 628708 4024 INTERNATIONAL RIGHT OF WAY Oct 29, 2015 $720.00 628560 26895 DE LADE LANDEN INC Oct 29, 2015 $755.90 628676 21212 WHITE CAP CONSTRUCTION SUPPLY Oct 29, 2015 $790.13 628561 25961 DELANEY MANUFACTURING INC Oct 29, 2015 $806.26 628589 7933 HOME DEPOT Oct 29, 2015 $808.22 628669 245 TURK'S KERN COPY INC Oct 29, 2015 $828.07 628678 20165 WILLDAN ENGINEERING Oct 29, 2015 $840.00 628686 17585 AMERINATIONAL COMMUNITY SERV INC Oct 29, 2015 $945.30 628606 12552 KURB KUT Oct 29, 2015 $990.00 628543 23090 BURTONS FIRE INC Oct 29, 2015 $990.81 628539 1292 BROWN ARMSTRONG Oct 29, 2015 $1,000.00 628625 21553 PETROTECH RESOURCES INC Oct 29, 2015 $1,000.00 628650 28226 SENTRY CONTROL SYSTEMS Oct 29, 2015 $1,088.00 628588 17686 HOFFMAN STEEL STRUCTURES Oct 29, 2015 $1,090.00 628673 14647 WAXIE SANITARY SUPPLY INC Oct 29, 2015 $1,095.96 628552 21588 COCA -COLA REFRESHMENTS Oct 29, 2015 $1,104.72 628644 6953 S & S ARTS AND CRAFTS Oct 29, 2015 $1,113.85 628634 20713 RANDY'S TOWING Oct 29, 2015 $1,130.00 628647 21489 SCP DISTRIBUTORS LLC Oct 29, 2015 $1,132.76 628565 27898 ELECTRICAL SYSTEMS & INST INC Oct 29, 2015 $1,134.75 628630 27625 PROTECTION FORCE PRIVATE SECURITY I Oct 29, 2015 $1,138.50 628628 26703 PLUMBERS DEPOT Oct 29, 2015 $1,215.61 628698 23051 BRENNTAG PACIFIC Oct 29, 2015 $1,229.32 628681 17690 ZONES Oct 29, 2015 $1,253.93 628575 18415 FORMAX, A DIV OF BESCORP Oct 29, 2015 $1,265.00 628645 18072 SAFETY TEK INDUSTRIES INC Oct 29, 2015 $1,349.32 628568 23720 ERNEST PACKING SOLUTIONS INC Oct 29, 2015 $1,359.94 628584 28159 GRIFFIN, ZACHARY A Oct 29, 2015 $1,499.40 628667 17345 THE OMEGA GROUP INC Oct 29, 2015 $1,500.00 628640 28286 ROLL RITE CORP Oct 29, 2015 $1,547.50 628613 20156 MEAD & HUNT INC Oct 29, 2015 $1,575.00 628558 28148 D P CONSULTING Oct 29, 2015 $1,600.00 628733 96 TYACK TIRES INC Oct 29, 2015 $1,617.03 628521 27104 ARROW SIGN CO INC Oct 29, 2015 $1,666.25 628617 24077 MICHEL AUTO TECH Oct 29, 2015 $1,792.73 628545 1477 CAL VALLEY EQUIPMENT INC Oct 29, 2015 $1,853.55 628532 11248 BANKS PEST CONTROL Oct 29, 2015 $1,860.00 628570 10555 FIREFIGHTERS BOOKSTORE Oct 29, 2015 $2,009.45 628556 27218 CUMMINS PACIFIC LLC Oct 29, 2015 $2,117.06 628550 2050 CLIFFORD & BROWN Oct 29, 2015 $2,183.00 628522 523 ATCO INTERNATIONAL Oct 29, 2015 $2,324.70 628531 896 BAKERSFIELD WINNELSON COMPANY Oct 29, 2015 $2,396.90 628603 16161 KINCO CONSTRUCTION Oct 29, 2015 $2,400.00 S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 11/1$/15 CC AGENDA PACKET PG 3 11/5/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 13 FROM 10/23/2015 TO 11/05/2015 Check Vendor Number Number Vendor Name Check Date Check Amount 628567 26951 EQUARIUS WATERWORKS Oct 29, 2015 $2,603.42 628648 25619 SCS TRACER ENVIRONMENTAL Oct 29, 2015 $2,750.00 628551 2050 CLIFFORD & BROWN Oct 29, 2015 $2,775.00 628706 3427 GRAINGER INC, W W Oct 29, 2015 $2,858.96 628538 18692 BOUND TREE MEDICAL LLC Oct 29, 2015 $2,914.91 628742 30027 U S BANK - PARS #6746022400 Oct 29, 2015 $3,044.16 628741 26810 RELIASTAR LIFE INSURANCE CO Oct 29, 2015 $3,046.03 628735 10428 UNITED REFRIGERATION INC Oct 29, 2015 $3,093.87 628718 6114 PACIFIC GAS & ELECTRIC COMPANY Oct 29, 2015 $3,438.36 628710 4700 KERN SECURITY SYSTEMS INC Oct 29, 2015 $3,456.00 628602 4700 KERN SECURITY SYSTEMS INC Oct 29, 2015 $3,573.37 628730 10623 STATE BOARD OF EQUALIZATION Oct 29, 2015 $3,755.14 628679 10349 WORK FORCE SAFETY TRAINING Oct 29, 2015 $4,200.00 628684 78 ADVANCED DISTRIBUTION CO Oct 29, 2015 $4,529.02 628685 12516 AIMS Oct 29, 2015 $4,811.50 628581 3358 GILLIAM & SONS INC Oct 29, 2015 $5,401.75 628744 30020 UNUM Oct 29, 2015 $5,556.75 628739 30002 MEDICAL EYE SERVICE COMPANY Oct 29, 2015 $5,829.65 628651 11090 SHERWIN WILLIAMS COMPANY Oct 29, 2015 $5,868.81 628624 27046 PETERSON CORP Oct 29, 2015 $6,148.33 628616 19252 MEYER CIVIL ENGINEERING INC Oct 29, 2015 $6,291.50 628618 1316 MICHELIN NORTH AMERICA INC Oct 29, 2015 $7,333.59 628621 25752 NISHIKAWA PROPERTY MAINTENANCE INC Oct 29, 2015 $7,451.84 628578 11861 GC ENVIRONMENTAL INC Oct 29, 2015 $7,734.00 628661 27976 STATE WATER RESOURCES CONTROL BOARD Oct 29, 2015 $8,700.00 628627 17911 PLCS PLUS INTERNATIONAL INC Oct 29, 2015 $9,010.00 628547 22553 CEN CAL CONSTRUCTION Oct 29, 2015 $9,585.50 628655 23456 SORENSON,VERNON MID INC Oct 29, 2015 $11,142.71 628743 30003 UNITED HEALTH CARE Oct 29, 2015 $13,112.13 628579 28064 GENERAL TREE SERVICE INC Oct 29, 2015 $14,675.00 628646 27361 SC FUELS Oct 29, 2015 $14,870.73 628593 19283 JAM SERVICES INC Oct 29, 2015 $15,546.65 628612 26714 MARK THOMAS AND COMPANY INC Oct 29, 2015 $18,078.92 628590 20621 ICF JONES & STOKES INC Oct 29, 2015 $19,203.88 628592 20795 IPC USA INC Oct 29, 2015 $19,577.62 9993085 11811 WELLS FARGO BANK Oct 29, 2015 $23,315.74 628615 18520 METROPOLITAN RECYCLING LLC Oct 29, 2015 $23,729.92 628563 2577 DOKKEN ENGINEERING Oct 29, 2015 $32,606.26 628562 26547 DEPT OF FISH AND GAME Oct 29, 2015 $34,070.00 628544 27941 CAL PRIME INC Oct 29, 2015 $35,853.40 628740 30026 METLIFE INC Oct 29, 2015 $43,011.93 628702 1696 CALIFORNIA WATER SERVICE Oct 29, 2015 $50,751.61 628529 857 BAKERSFIELD S P C A Oct 29, 2015 $65,000.00 628707 70055 GRIFFITH COMPANY Oct 29, 2015 $82,459.14 628726 27598 PLACER TITLE COMPANY Oct 29, 2015 $89,368.44 628713 4740 KERN TURF SUPPLY Oct 29, 2015 $102,929.69 628736 30006 ANTHEM BLUE CROSS - CAL CARE Oct 29, 2015 $133,453.21 628709 4677 KERN REFUSE DISPOSAL, INC Oct 29, 2015 $140,619.01 628596 26387 JIM BURKE FORD-EQ Oct 29, 2015 $142,674.42 628738 30021 KAISER PERMANENTE Oct 29, 2015 $169,338.34 628599 4439 KERN COUNTY WASTE MANAGEMENT Oct 29, 2015 $175,332.43 628670 28457 UNION ENGINEERING CO INC Oct 29, 2015 $184,513.87 S:\Accounting\Dawn T\Admin - Council\2015\COUNCIL-ADMIN\ 11118115 CC AGENDA PACKET PG 37 11/5/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 14 FROM 10/23/2015 TO 11/05/2015 Check Vendor Number Number Vendor Name Check Date Check Amount 628737 30004 ANTHEM BLUE CROSS OF CALIFORNIA Oct 29, 2015 $372,488.76 628649 22839 SECURITY PAVING CO, INC Oct 29, 2015 $374,054.52 9993083 27888 CALIFORNIA BANK & TRUST Oct 29, 2015 $449,868.25 628725 6114 PACIFIC GAS & ELECTRIC COMPANY Oct 29, 2015 $535,397.38 9993082 25603 BANK OF AMERICA Oct 29, 2015 $808,653.37 628582 3450 GRANITE CONSTRUCTION INC Oct 29, 2015 $1,195,660.36 9993084 10206 STATE OF CALIF - PERS Oct 29, 2015 $1,520,144.22 628762 11430 DEEM, JEWELL Oct 30, 2015 $6.27 628795 27624 PALMER, CATHERINE Oct 30, 2015 $12.00 628806 27835 SKIDMORE, RYAN Oct 30, 2015 $12.00 628747 359 ANDERSON, ALLEN M Oct 30, 2015 $15.36 628760 2261 CUNNINGHAM, TERRY Oct 30, 2015 $15.36 628793 27975 OWEN, M ROSE Oct 30, 2015 $15.36 628809 25230 THOMAS, JUDY Oct 30, 2015 $15.36 628746 10158 ALEXANDER, SUSAN Oct 30, 2015 $19.90 628788 24058 MCDANIEL, VONCILE Oct 30, 2015 $25.00 628748 11517 ANSON, GARY Oct 30, 2015 $26.71 628759 10697 CRAW FORD, KAREN Oct 30, 2015 $28.98 628797 11451 PHILLIPS, SHIRLEY A Oct 30, 2015 $28.98 628813 17940 VINCENT, LESLIE Oct 30, 2015 $31.25 628818 28488 WOOD, VICTORIA Oct 30, 2015 $31.85 628775 11438 HUNTINGTON, LORRAINE Oct 30, 2015 $33.52 628808 20357 TEUTIMEZ, DONALD Oct 30, 2015 $33.52 628765 2630 DOYLE, MIKE Oct 30, 2015 $40.33 628749 24927 ARRIBILLAGA, ROSEMARIE Oct 30, 2015 $42.50 628750 15209 BERTRAND,FLOYD Oct 30, 2015 $42.50 628751 1111 BLACKBURN, CLEO Oct 30, 2015 $42.50 628752 1463 CADENA, JAKE Oct 30, 2015 $42.50 628755 1771 CARROLL, EUGENE J Oct 30, 2015 $42.50 628758 12236 COL URN, SCOTT Oct 30, 2015 $42.50 628761 2435 DE LAURIE, JERRY Oct 30, 2015 $42.50 628767 12742 GEORGE, PRESTON Oct 30, 2015 $42.50 628768 14964 GI SON, BOB G Oct 30, 2015 $42.50 628770 25970 HACKER, ROBERT Oct 30, 2015 $42.50 628774 3770 HERRERA, FRANK R Oct 30, 2015 $42.50 628776 24194 JOHNSON, CLARISSE Oct 30, 2015 $42.50 628780 27671 KELLER, MAXINE Oct 30, 2015 $42.50 628782 21175 KISBEY, KAREN Oct 30, 2015 $42.50 628784 5163 LOPEZ, FRANK Oct 30, 2015 $42.50 628787 24061 MAHAFFEY, BOBBY Oct 30, 2015 $42.50 628790 10600 MOYER, MICKEY D. Oct 30, 2015 $42.50 628791 5896 NEWTON, KENNETH RAY Oct 30, 2015 $42.50 628794 11450 PAINTER, JULIA Oct 30, 2015 $42.50 628801 28060 ROBERTS, EMMA Oct 30, 2015 $42.50 628804 7357 SHERMAN, THOMAS Oct 30, 2015 $42.50 628805 7351 SHIRES, HENRY Oct 30, 2015 $42.50 628810 26861 TORRES, SHIRLEY Oct 30, 2015 $42.50 628812 24193 URSIN, MARGARET Oct 30, 2015 $42.50 628814 23357 WALCK, CORA Oct 30, 2015 $42.50 628816 15380 WILLIAMS, ISABEL Oct 30, 2015 $42.50 628817 9052 WISHAM, DARLENE Oct 30, 2015 $42.50 628753 28017 CAIN, JAMES Oct 30, 2015 $53.49 S:\Accounting\Dawn T\Admin - Council\2015\COUNCIL-ADMIN\ 11/18/15 CC A GENDA PACKET PG 38 11/5/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 15 FROM 10/23/2015 TO 11/05/2015 Check Vendor Number Number Vendor Name Check Date Check Amount 628781 10037 KELLY L WILLIAMS Oct 30, 2015 $65.00 628815 25541 WATTS, BOBBY Oct 30, 2015 $65.00 628792 10114 O'DONLEY, LONI Oct 30, 2015 $78.00 628773 20624 HERNANDEZ, FRANCISCO Oct 30, 2015 $81.69 628807 10037 STEPHEN J WEBB Oct 30, 2015 $90.66 628798 24154 REYNOLDS, JACK Oct 30, 2015 $91.00 628799 26535 REYNOSO, LYNETTE Oct 30, 2015 $91.00 628763 25503 DEVAL, ERIC Oct 30, 2015 $102.11 628754 26686 CALVIN, MANUEL Oct 30, 2015 $121.91 628745 21126 ACOSTA, MANUEL Oct 30, 2015 $125.00 628756 27503 CASTILLO, RAMON Oct 30, 2015 $125.00 628779 28167 KARNS, KRISTOPHER Oct 30, 2015 $125.00 628785 22220 LOPEZ, MOISES Oct 30, 2015 $125.00 628800 28553 RIOS, EVERETT Oct 30, 2015 $125.00 628789 28366 MINOR, TYLER Oct 30, 2015 $136.50 628771 16862 HEALTHCOMP INC Oct 30, 2015 $157.08 628825 10113 MEDICAL EYE SERVICE COMPANY Oct 30, 2015 $175.28 628757 10037 CEDRIC CRAWFORD Oct 30, 2015 $176.00 9993087 30022 IRS / FDRF Oct 30, 2015 $191.00 9993086 16862 HEALTHCOMP INC Oct 30, 2015 $192.30 628796 20634 PATINIO, EVA Oct 30, 2015 $196.00 628764 10037 DIANA RAMONA MEDRANO Oct 30, 2015 $200.00 628811 10037 UCEDRAH OS BY Oct 30, 2015 $200.00 628802 10115 ROSSEN, KEN Oct 30, 2015 $250.25 628766 24281 DUNN-YONKE, DEBRA Oct 30, 2015 $283.50 628772 27981 HENNESSY, LINSEE Oct 30, 2015 $286.00 628803 70258 SANCHEZ, DELLANIRA Oct 30, 2015 $585.00 628786 15624 LOWE'S HOME IMPROVEMENT Oct 30, 2015 $846.02 628821 15859 CASTLE & COOKE CALIFORNIA INC Oct 30, 2015 $1,905.00 628769 3452 GRAY AR ELECTRIC COMPANY Oct 30, 2015 $2,117.30 628826 30026 METLIFE INC Oct 30, 2015 $2,662.36 628823 3427 GRAINGER INC, W W Oct 30, 2015 $5,188.32 628827 10142 PACIFIC UNION DENTAL (UHC) Oct 30, 2015 $5,256.40 628778 4288 KAMAN INDUSTRIAL TECHNOLOGIES INC Oct 30, 2015 $6,343.50 628820 14993 CALIFORNIA AIR RESOURCES BOARD Oct 30, 2015 $33,752.86 628824 12857 KAISER PERMANENTE Oct 30, 2015 $37,238.44 628777 70257 JULIANAS GARDEN LLC Oct 30, 2015 $103,150.00 628783 26048 LENNAR FRESNO INC Oct 30, 2015 $133,742.92 628819 1157 ANTHEM BLUE CROSS Oct 30, 2015 $552,258.81 628876 1888 CHAMPION HARDWARE Nov 5, 2015 $5.38 628994 18507 SNAP-ON INDUSTRIAL Nov 5, 2015 $9.81 628987 21519 SCELZI ENTERPRISES INC Nov 5, 2015 $14.75 628853 841 BAKERSFIELD RUBBER STAMP CO Nov 5, 2015 $17.15 628900 19657 FIRST CHOICE SERVICES INC Nov 5, 2015 $17.40 628979 6682 RAYMONDS TROPHY AND AWARDS Nov 5, 2015 $20.00 628914 3660 HARBOR FREIGHT TOOLS Nov 5, 2015 $27.92 628857 945 BARNETT'S TOWING SERVICE INC Nov 5, 2015 $35.00 628912 3569 H & S BODY WORKS & TOWING Nov 5, 2015 $35.00 628966 24029 PAYLESS TOWING Nov 5, 2015 $35.00 628977 20713 RANDY'S TOWING Nov 5, 2015 $35.00 629014 12235 TOO FAT SANDWICHES Nov 5, 2015 $37.52 628839 22907 ALONSO, OSCAR Nov 5, 2015 $40.00 S:\Accounting\Dawn T\Admin - Council\2015\COUNCIL-ADMIN\ 11118115 CC AGENDA PACKET PG 39 11/5/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 16 FROM 10/23/2015 TO 11/05/2015 Check Vendor Number Number Vendor Name Check Date Check Amount 628935 14219 L A GRINDING INC Nov 5, 2015 $42.00 628919 19729 JAMES WOMACK Nov 5, 2015 $50.00 629019 10428 UNITED REFRIGERATION INC Nov 5, 2015 $51.40 628944 18495 MELO'S GAS & GEAR INC Nov 5, 2015 $51.60 628888 2442 DELANEY & AHLF DIESEL SERVICE INC Nov 5, 2015 $52.68 628865 1271 BROOKS TRAILER Nov 5, 2015 $53.74 628938 24004 LEWIS TOWING 2 INC Nov 5, 2015 $55.00 629054 7509 GAS COMPANY Nov 5, 2015 $55.32 628907 18722 GLO ALSTAR USA INC Nov 5, 2015 $55.91 628925 4439 KERN COUNTY WASTE MANAGEMENT Nov 5, 2015 $57.48 628844 347 AMREP INC Nov 5, 2015 $58.33 628868 1359 BUDS BRAKE & WHEEL PARTS Nov 5, 2015 $59.51 628901 2983 FLAGHOUSE Nov 5, 2015 $61.39 628836 19696 ALEMAN, KIM Nov 5, 2015 $64.40 628904 308 GARDENERS SUPPLY Nov 5, 2015 $66.63 629002 30011 STATE OF CALIFORNIA Nov 5, 2015 $68.25 628887 25337 DAVES FLEET MAINT & TOWING INC Nov 5, 2015 $70.00 628936 5018 LARRY & PONS UPHOLSTERY Nov 5, 2015 $70.10 628978 3249 RAY GASKIN SERVICE INC Nov 5, 2015 $74.59 628858 18398 BATTERY SYSTEMS Nov 5, 2015 $74.69 628984 10249 SAN JOAQUIN TRACTOR CO INC Nov 5, 2015 $75.66 628949 5547 MINUTEMAN PRESS Nov 5, 2015 $79.70 628843 17585 AMERINATIONAL COMMUNITY SERV INC Nov 5, 2015 $80.00 628985 19102 SANCHEZ, NORI Nov 5, 2015 $80.50 628842 987 AMERICAN FABRICATION Nov 5, 2015 $86.00 628849 25425 AWNING SHOPPE Nov 5, 2015 $91.38 629024 8878 WELLS ACOUSTICS Nov 5, 2015 $95.13 628879 2016 CLARK PEST CONTROL INC Nov 5, 2015 $96.00 629083 14647 WAXIE SANITARY SUPPLY INC Nov 5, 2015 $97.01 628899 25565 FELIX, JESSICA R Nov 5, 2015 $98.00 628890 25742 DISCOUNT RADIATOR CENTER Nov 5, 2015 $100.00 629009 20630 T- MOBILE USA Nov 5, 2015 $100.00 628942 5291 MARTIN & CHAPMAN Nov 5, 2015 $103.72 629031 25815 1 800 RADIATOR & A/C INC Nov 5, 2015 $106.43 628870 12964 C S M F O Nov 5, 2015 $110.00 628861 23444 BILLINGSLEY, MATTHEW Nov 5, 2015 $111.00 628970 25550 PERRY, MATTHEW Nov 5, 2015 $115.00 628910 3452 GRAY AR ELECTRIC COMPANY Nov 5, 2015 $117.73 628898 2901 FEDEX Nov 5, 2015 $123.01 628851 25940 BACA, ANTHONY Nov 5, 2015 $126.00 628965 26926 PATTERSON, LARRY Nov 5, 2015 $126.00 628972 27514 PHILLIPS, CHARLIE Nov 5, 2015 $126.00 628982 27515 RULOPH, GREG Nov 5, 2015 $126.00 628999 24476 SOTO, ROBERT Nov 5, 2015 $126.00 628850 652 BACSCO Nov 5, 2015 $130.12 629046 17568 C A P E ACCOUNTING Nov 5, 2015 $135.00 628880 27509 CONTRERAS, ANGEL Nov 5, 2015 $147.00 628894 27898 ELECTRICAL SYSTEMS & INST INC Nov 5, 2015 $148.50 628956 5870 NB SALES & SERVICES Nov 5, 2015 $150.00 629028 21212 WHITE CAP CONSTRUCTION SUPPLY Nov 5, 2015 $151.86 629029 11063 ZARAGOZA, MARISELA Nov 5, 2015 $153.53 628845 16235 APPLIED CONCEPTS INC Nov 5, 2015 $154.06 S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 11/18/15 CC A GENDA PACKET P 11/5/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 17 FROM 10/23/2015 TO 11/05/2015 Check Vendor Number Number Vendor Name Check Date Check Amount 628860 28231 BIG BRAND TIRE CO Nov 5, 2015 $164.75 629008 28163 SWITZER, PHILIP Nov 5, 2015 $168.00 629048 25426 CAL S A E Nov 5, 2015 $177.00 628886 20652 DATA MANAGEMENT INCORPORATED Nov 5, 2015 $182.20 629007 21606 SUNRISE ENVIRONMENTAL SCIENTIFIC Nov 5, 2015 $183.22 628863 1249 BRANDCO Nov 5, 2015 $183.88 629018 8319 UNITED PARCEL SERVICE Nov 5, 2015 $187.59 628841 28369 ALVAREZ, LUIS Nov 5, 2015 $189.00 629005 23125 STL LTD Nov 5, 2015 $191.00 628981 26825 RISE & SHINE LAWN MAINT & YARD SERV Nov 5, 2015 $195.00 628963 6448 P T O SALES CORP / TRUCKPRO LLC Nov 5, 2015 $200.47 628885 25063 DANIEL JR, AL ERTO Nov 5, 2015 $204.75 629032 6129 A T & T Nov 5, 2015 $221.91 628897 23720 ERNEST PACKING SOLUTIONS INC Nov 5, 2015 $223.77 628941 18614 LUDLUM MEASUREMENTS INC Nov 5, 2015 $224.00 628962 14515 OXLEY'S PEST CONTROL INC Nov 5, 2015 $225.00 628835 18426 AL ERTSON, KEVIN Nov 5, 2015 $250.00 628937 19228 LENCIONI, MICHAEL Nov 5, 2015 $250.00 628943 5265 MARTINUSEN, TREVER Nov 5, 2015 $250.00 628929 7492 KERN MACHINERY INC Nov 5, 2015 $251.36 628866 24464 BROWN, CLAUDE Nov 5, 2015 $252.00 628902 26311 FLOWERS, MARTY Nov 5, 2015 $252.00 628909 26862 GONZALEZ, JOSE G Nov 5, 2015 $264.74 629017 19599 ULTREX BUSINESS PRODUCTS INC Nov 5, 2015 $265.00 628968 25270 PENINSULA MESSENGER INC Nov 5, 2015 $266.78 629016 584 ULINE SHIPPING SUPPLY Nov 5, 2015 $273.81 629012 851 TENNANT COMPANY Nov 5, 2015 $294.45 629079 7636 STATE WATER RESOURCES CONTROL BOARD Nov 5, 2015 $300.00 628903 3028 FLOYDS GENERAL STORE Nov 5, 2015 $348.81 628955 24309 NAVIGATORS PRINT & DESIGN, INC Nov 5, 2015 $350.24 628953 5687 MOTOR CITY SALES & SERVICE Nov 5, 2015 $359.07 628867 10267 BUDGET BOLT INC Nov 5, 2015 $377.01 628829 537 A T & T Nov 5, 2015 $378.26 628877 23786 CHART INDUSTRIES Nov 5, 2015 $380.45 628871 1477 CAL VALLEY EQUIPMENT INC Nov 5, 2015 $409.93 628973 178 PRAXAIR DISTRIBUTION INC Nov 5, 2015 $415.26 628830 18484 A T & T Nov 5, 2015 $417.75 628848 520 AUTO TINT WEST INC Nov 5, 2015 $423.24 628922 4288 KAMAN INDUSTRIAL TECHNOLOGIES INC Nov 5, 2015 $425.30 628924 13378 KERN CHARTER SERVICE INC Nov 5, 2015 $438.64 628833 15433 ADVANCE MOBILE SECURITY Nov 5, 2015 $440.37 628847 18417 ATTORNEYS CERTIFIED SERVICES Nov 5, 2015 $441.86 628891 10723 DOUGHERTY, JOSEPH Nov 5, 2015 $450.00 628952 5688 MOTION INDUSTRIES INC Nov 5, 2015 $461.83 628913 3593 HALL LETTER SHOP Nov 5, 2015 $462.35 628996 11566 SOIL CONTROL LAB INC Nov 5, 2015 $484.00 629030 9244 ZEP MANUFACTURING COMPANY Nov 5, 2015 $507.49 628934 70078 KNIGHTS PUMPING & PORTABLE SVC INC Nov 5, 2015 $587.93 628960 24279 O'REILLY AUTO PARTS Nov 5, 2015 $592.04 628832 28221 ADAMS, CODY J Nov 5, 2015 $610.00 628864 19303 BRIGHT HOUSE NETWORKS Nov 5, 2015 $629.30 628969 25177 PENNY LANDSCAPING SERVICES INC Nov 5, 2015 $650.00 S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 11/18/15 CC A GENDA PACKET PG 41 11/5/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 18 FROM 10/23/2015 TO 11/05/2015 Check Vendor Number Number Vendor Name Check Date Check Amount 628959 23333 O'GRADY, JOE Nov 5, 2015 $680.00 628992 7434 SMART & FINAL IRIS COMPANY Nov 5, 2015 $689.19 628951 28454 MORMASTRO TRANSPORTAT INC Nov 5, 2015 $700.00 629003 17077 STERICYCLE INC Nov 5, 2015 $705.42 628855 875 BAKERSFIELD TRUCK CENTER Nov 5, 2015 $711.97 629027 27310 WESTERN SAFETY PRODUCTS - Nov 5, 2015 $721.34 628980 28499 RELEVANT SOLUTIONS LLC Nov 5, 2015 $721.74 629015 96 TYACK TIRES INC Nov 5, 2015 $747.95 628838 160 ALL THAT LETTERING SIGN COMPNY Nov 5, 2015 $772.50 628940 22914 LINE MASTER ENGINEERING INC Nov 5, 2015 $797.13 628993 1305 SMITH SYSTEM DRIVER IMPROVEMENT Nov 5, 2015 $832.30 628939 27419 LIFEGUARD MASTER Nov 5, 2015 $869.39 628828 28 A C ELECTRIC COMPANY Nov 5, 2015 $870.00 628878 14931 CHEM PRO LABORATORY INC Nov 5, 2015 $900.00 629000 11907 SPARKLETTS /SIERRA SPRINGS Nov 5, 2015 $914.97 628921 4254 JUDICIAL DATA SYSTEMS CORPORAT Nov 5, 2015 $927.24 628991 25246 SIGLER INC Nov 5, 2015 $943.86 628875 23361 CENTRAL VALLEY PRESORT INC Nov 5, 2015 $952.18 628869 1367 BUENA VISTA WATER STORAGE DIST Nov 5, 2015 $1,005.84 628974 27625 PROTECTION FORCE PRIVATE SECURITY I Nov 5, 2015 $1,046.50 629069 15624 LOWE'S HOME IMPROVEMENT Nov 5, 2015 $1,071.31 628995 21195 SNAP -ON TOOLS /NORM CURTIS Nov 5, 2015 $1,073.93 628989 10144 SERVICEMASTER OF BAKERSFIELD Nov 5, 2015 $1,100.00 628889 24213 DIAMOND H HAULING Nov 5, 2015 $1,125.00 628928 4581 KERN ELECTRIC DISTRIBUTORS Nov 5, 2015 $1,170.98 628883 27397 CSDS INC Nov 5, 2015 $1,207.92 629022 8400 VWR SCIENTIFIC Nov 5, 2015 $1,219.28 628976 20229 QUALITY CODE PUBLISHING LLC Nov 5, 2015 $1,281.87 628975 6527 PULLTARPS MFG Nov 5, 2015 $1,296.49 629001 17986 SPRINT /NEXTEL COMMUNICATIONS Nov 5, 2015 $1,356.53 628918 26694 JACO SEN WEST Nov 5, 2015 $1,387.73 628840 23588 ALUMINUM CHUCK WAGON Nov 5, 2015 $1,402.50 628837 19496 ALL PRO CLEANING SERVICE Nov 5, 2015 $1,440.00 628958 5923 NORTH KERN WATER STORAGE DIST Nov 5, 2015 $1,500.00 628854 857 BAKERSFIELD S P C A Nov 5, 2015 $1,547.87 628852 675 BAKERSFIELD CALIFORNIAN Nov 5, 2015 $1,590.11 629062 7933 HOME DEPOT Nov 5, 2015 $1,671.06 628933 23434 KINNEY, STEVEN P Nov 5, 2015 $1,675.00 628908 3403 GOLDEN STATE PETERBILT Nov 5, 2015 $1,675.45 628856 557 BARC Nov 5, 2015 $1,688.90 629071 6114 PACIFIC GAS & ELECTRIC COMPANY Nov 5, 2015 $1,801.86 628831 27396 A ARAM NETWORK SOLUTIONS Nov 5, 2015 $1,842.08 628911 17779 GREEKS BANNER AIR INC Nov 5, 2015 $1,950.00 629058 28263 GREEN GRASS LAWN CARE Nov 5, 2015 $2,035.00 628931 4680 KERN RIVER POWER EQUIPMENT INC Nov 5, 2015 $2,038.75 629023 14647 WAXIE SANITARY SUPPLY INC Nov 5, 2015 $2,060.00 629004 13815 STEVE HOLLOWAY PAINTING Nov 5, 2015 $2,400.00 629020 21501 URBAN RESTORATION INC Nov 5, 2015 $2,407.50 629026 28311 WESTERN HYDROSTATICS INC Nov 5, 2015 $2,477.01 629045 10267 BUDGET BOLT INC Nov 5, 2015 $2,556.00 629047 12549 C C A S A Nov 5, 2015 $2,715.00 628946 7064 MERCHANTS PRINTING & ENVELOPE Nov 5, 2015 $2,965.66 S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 11/18/15 CC A GENDA PACKET PG 42 11/5/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 19 FROM 10/23/2015 TO 11/05/2015 Check Vendor Number Number Vendor Name Check Date Check Amount 628957 28528 NCE Nov 5, 2015 $3,150.00 629013 19961 THE HON COMPANY-C/O STINSONS Nov 5, 2015 $3,155.86 628896 2811 ENTENMANN ROVIN CO Nov 5, 2015 $3,165.45 629067 4861 KISCO SALES INC Nov 5, 2015 $3,172.16 628954 5790 MUXLOW CONSTRUCTION Nov 5, 2015 $3,500.00 628947 19252 MEYER CIVIL ENGINEERING INC Nov 5, 2015 $3,618.00 629011 276 TAYLOR EQUIPMENT & REPAIR, INC Nov 5, 2015 $3,683.95 629057 3427 GRAINGER INC, W W Nov 5, 2015 $3,752.53 629033 70001 A-C ELECTRIC COMPANY Nov 5, 2015 $3,922.55 629065 4740 KERN TURF SUPPLY Nov 5, 2015 $4,029.51 628915 3774 HI STANDARD AUTOMOTIVE Nov 5, 2015 $4,162.41 629078 27911 PORTERVILLE FORD Nov 5, 2015 $4,176.03 629059 70055 GRIFFITH COMPANY Nov 5, 2015 $4,339.95 628862 22817 BORN AGAIN BODYWORKS Nov 5, 2015 $4,371.92 628881 28549 COOPER AERIAL SURVEYS CO Nov 5, 2015 $5,071.00 629025 26447 WESTCOAST HYDRAULICS Nov 5, 2015 $5,223.78 629038 12516 AIMS Nov 5, 2015 $5,543.25 628967 6076 PB LOADER MANUFACTURING CO Nov 5, 2015 $5,816.09 628893 28523 DYNAMIC SYSTEMS INC Nov 5, 2015 $5,871.16 628923 22379 KEMIRA WATER SOLUTIONS INC Nov 5, 2015 $5,971.63 628884 27218 CUMMINS PACIFIC LLC Nov 5, 2015 $6,322.50 628948 1316 MICHELIN NORTH AMERICA INC Nov 5, 2015 $6,915.41 629044 18692 BOUND TREE MEDICAL LLC Nov 5, 2015 $6,919.66 629075 6376 PIONEER PAINT Nov 5, 2015 $7,117.96 629021 8520 VALLEY POWER SYSTEMS, INC Nov 5, 2015 $7,246.50 628905 28064 GENERAL TREE SERVICE INC Nov 5, 2015 $7,325.00 628859 1069 BETHANY SERVICES Nov 5, 2015 $7,369.82 629037 78 ADVANCED DISTRIBUTION CO Nov 5, 2015 $7,569.40 628916 28557 INTERINSURANCE EXCHANGE AS Nov 5, 2015 $7,658.76 629041 21172 BLACKHOLE TECHNOLOGIES INC Nov 5, 2015 $8,580.43 628950 19305 MOORE IACOFANO GOLTSMAN INC Nov 5, 2015 $9,300.06 628961 28091 OVIVO USA LLC Nov 5, 2015 $9,480.34 628971 27046 PETERSON CORP Nov 5, 2015 $9,755.74 628986 27361 SC FUELS Nov 5, 2015 $10,366.66 628997 22473 SOILS ENGINEERING INC Nov 5, 2015 $11,130.00 628998 23456 SORENSON,VERNON MID INC Nov 5, 2015 $11,529.54 628895 27467 EMERGENCY VEHICLE OUTFITTERS Nov 5, 2015 $11,652.02 628882 22504 CROP PRODUCTION SERVICES INC Nov 5, 2015 $13,690.77 628927 4577 KERN DELTA WATER DIST Nov 5, 2015 $14,375.00 9993088 30025 STATE DISBURSEMENT UNIT Nov 5, 2015 $17,648.76 628872 1700 CALIFORNIA WATER SERVICE Nov 5, 2015 $21,100.00 628932 4701 KERN SPRINKLER LANDSCAPING INC Nov 5, 2015 $25,005.00 628846 1049 APPLIED LNG TECHNOLOGIES Nov 5, 2015 $27,641.64 628964 20828 PARSONS TRANSPORTATION GROUP INC Nov 5, 2015 $30,562.24 628834 12516 AIMS Nov 5, 2015 $32,472.41 628926 4573 KERN COUNTY WATER AGENCY Nov 5, 2015 $35,965.93 628983 27711 SAK CONSTRUCTION LLC Nov 5, 2015 $36,917.88 628874 27074 CEN-CAL CONSTRUCTION INC Nov 5, 2015 $44,780.10 628920 26387 JIM BURKE FORD-EQ Nov 5, 2015 $45,920.12 629051 1696 CALIFORNIA WATER SERVICE Nov 5, 2015 $54,083.47 628917 20795 IPC USA INC Nov 5, 2015 $55,456.80 628990 26203 SIERRA CONST & EXCAVATION INC Nov 5, 2015 $58,163.86 S:\Accounting\Dawn T\Admin - Council\2015\COUNCIL-ADMIN\ 11118115 CC AGENDA PACKET PG 43 11/5/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 20 FROM 10/23/2015 TO 11/05/2015 Check Vendor Number Number Vendor Name Check Date Check Amount 628906 3358 GILLIAM & SONS INC Nov 5, 2015 $59,400.41 629010 19995 TASER INTERNATIONAL Nov 5, 2015 $64,768.84 9993089 11811 WELLS FARGO BANK Nov 5, 2015 $90,536.60 628892 18544 DUANE MORRIS LLP Nov 5, 2015 $90,988.85 628945 26902 MENDOZA & ASSOCIATES INC Nov 5, 2015 $116,565.48 629052 1944 CHICAGO TITLE COMPANY INC Nov 5, 2015 $142,683.05 629006 3565 SUNGARD PUBLIC SECTOR INC Nov 5, 2015 $168,932.50 629084 10199 BAKERSFIELD CITY EMPLOYEE Nov 5, 2015 $197,964.00 629073 20828 PARSONS TRANSPORTATION GROUP INC Nov 5, 2015 $210,670.12 629053 1944 CHICAGO TITLE COMPANY INC Nov 5, 2015 $292,324.05 629082 15482 VULCAN MATERIALS CO Nov 5, 2015 $371,469.96 628873 1695 CALIFORNIA WATER SERVICE CO Nov 5, 2015 $741,900.90 628988 22839 SECURITY PAVING CO, INC Nov 5, 2015 $840,488.10 1001 13,384,271.03 S: \Accounting \Dawn T \Admin - Council \2015 \COUNCIL- ADMIN\ 11/1$/15 CC AGENDA PACKET PG 11/5/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE I FROM 10/23/2015 TO 11/05/2015 E-Payable Vendor Number Number Vendor Name E-Payable Date E-Payable Amount 10118 22346 ABACUS I M T INC Oct 29, 2015 $2,273.64 10119 63 ACE HYDRAULIC SALES & SERVICE Oct 29, 2015 $79.99 10120 8530 AMERIPRIDE UNIFORM SERVICES Oct 29, 2015 $2,068.86 10121 26538 ARAMARK UNIFORM & CAREER APPAREL Oct 29, 2015 $192.97 10122 576 B & B SURPLUS Oct 29, 2015 $719.18 10123 575 B C LABORATORIES Oct 29, 2015 $7,204.00 10124 611 B S & E COMPANY INC Oct 29, 2015 $3,746.90 10125 1163 BLUEPRINT SERVICE CO Oct 29, 2015 $2,828.13 10126 18753 BRIDGEPORT TRUCK MANUFACTURING Oct 29, 2015 $3,912.91 10127 20747 CENTRAL SANITARY SUPPLY INC Oct 29, 2015 $1,122.61 10128 17239 CENTRAL VALLEY OCCUPATIONAL INC Oct 29, 2015 $5,609.44 10129 29 CENTRAL VALLEY TRUCK CENTER Oct 29, 2015 $2,702.11 10130 2162 CONSOLIDATED ELECTRICAL DIST INC Oct 29, 2015 $147.97 10131 2187 CONTROLCO Oct 29, 2015 $317.87 10132 14582 DAVE BANG ASSOCIATES INC Oct 29, 2015 $71.57 10133 13912 DIRECT SAFETY SOLUTIONS INC Oct 29, 2015 $520.51 10134 14055 FAST UNDERCAR LLC Oct 29, 2015 $1,127.44 10135 2874 FERGUSON ENTERPRISES INC Oct 29, 2015 $6,941.46 10136 21739 GOLDEN EMPIRE TOWING INC Oct 29, 2015 $400.00 10137 24247 DREGS PETROLEUM SERVICES INC Oct 29, 2015 $2,024.38 10138 3570 HAAKER EQUIPMENT COMPANY Oct 29, 2015 $1,429.72 10139 1390 JIM BURKE FORD Oct 29, 2015 $1,353.81 10140 15694 JIMS TOWING INC Oct 29, 2015 $255.00 10141 453 MUNICIPAL MAINTENANCE EQUIP INC Oct 29, 2015 $761.22 10142 6550 QUAD KNOPF INC Oct 29, 2015 $2,084.21 10143 1279 QUALITY HEAVY DUTY DIESEL ELEC Oct 29, 2015 $596.96 10144 6555 QUINN COMPANY INC Oct 29, 2015 $356.40 10145 21873 RM INDUSTRIES INC Oct 29, 2015 $4,945.06 10146 12665 SAN JOAQUIN FENCE & SUPPLY Oct 29, 2015 $193.40 10147 698 SAN JOAQUIN INTERIORS Oct 29, 2015 $1,612.50 10148 19584 SMITH & SON TIRE INC Oct 29, 2015 $6,166.46 10149 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Oct 29, 2015 $121.82 10150 25504 STATEWIDE TRAFFIC SAFETY & SIGNS Oct 29, 2015 $262.50 10151 7670 STEWART ELECTRIC SUPPLY Oct 29, 2015 $16,826.65 10152 7685 STINSON STATIONERS Oct 29, 2015 $6,324.27 10153 7728 SULLY & SON HYDRAULICS INC Oct 29, 2015 $2,556.59 10154 7840 TALLEY COMMUNICATIONS CO INC Oct 29, 2015 $397.00 10155 15868 TEL TEC SECURITY SYSTEM INC Oct 29, 2015 $31.00 10156 22346 ABACUS I M T INC Nov 5, 2015 $544.00 10157 63 ACE HYDRAULIC SALES & SERVICE Nov 5, 2015 $215.96 10158 8530 AMERIPRIDE UNIFORM SERVICES Nov 5, 2015 $2,773.70 10159 576 B & B SURPLUS Nov 5, 2015 $38.70 10160 575 B C LABORATORIES Nov 5, 2015 $22.00 10161 611 B S & E COMPANY INC Nov 5, 2015 $503.09 10162 1163 BLUEPRINT SERVICE CO Nov 5, 2015 $2,302.73 10163 18753 BRIDGEPORT TRUCK MANUFACTURING Nov 5, 2015 $239.01 10164 20747 CENTRAL SANITARY SUPPLY INC Nov 5, 2015 $330.79 10165 17239 CENTRAL VALLEY OCCUPATIONAL INC Nov 5, 2015 $101.72 10166 29 CENTRAL VALLEY TRUCK CENTER Nov 5, 2015 $4,630.83 10167 5147 COASTLINE EQUIPMENT Nov 5, 2015 $707.55 10168 2162 CONSOLIDATED ELECTRICAL DIST INC Nov 5, 2015 $4,455.40 10169 13912 DIRECT SAFETY SOLUTIONS INC Nov 5, 2015 $621.28 10170 27459 EVOQUA WATER TECHNOLOGIES Nov 5, 2015 $28,340.47 S:\Accounting\Dawn T\Admin - Council\2015\COUNCIL-ADMIN\ 11118115 CC AGENDA PACKETPG 45 11/5/2015 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 10/23/2015 TO 11/05/2015 E-Payable Vendor Number Number 51 Vendor Name E-Payable Date E-Payable Amount 10171 14055 FAST UNDERCAR LLC Nov 5, 2015 $4,370.04 10172 2874 FERGUSON ENTERPRISES INC Nov 5, 2015 $1,426.34 10173 16838 GIBBS INTERNATIONAL TRUCK CTR. INC Nov 5, 2015 $1,297.06 10174 21739 GOLDEN EMPIRE TOWING INC Nov 5, 2015 $715.00 10175 24247 DREGS PETROLEUM SERVICES INC Nov 5, 2015 $4,221.61 10176 3570 HAAKER EQUIPMENT COMPANY Nov 5, 2015 $30.69 10177 18263 HUB CONSTRUCTION SPECIALTIES INC Nov 5, 2015 $43.22 10178 4171 JERRY& KEITHS INC Nov 5, 2015 $1,933.06 10179 1390 JIM BURKE FORD Nov 5, 2015 $1,720.58 10180 4178 JIM BURKE LINCOLN MERCURY Nov 5, 2015 $708.49 10181 15694 JIMS TOWING INC Nov 5, 2015 $1,035.00 10182 23984 MECHANICAL DRIVES & BELTING INC Nov 5, 2015 $1,058.87 10183 453 MUNICIPAL MAINTENANCE EQUIP INC Nov 5, 2015 $2,510.93 10184 20446 PAPE MACHINERY INC Nov 5, 2015 $1,279.76 10185 6205 PAVEMENT RECYCLING SYSTEMS INC Nov 5, 2015 $29,855.00 10186 6550 QUAD KNOPF INC Nov 5, 2015 $16,578.00 10187 1279 QUALITY HEAVY DUTY DIESEL ELEC Nov 5, 2015 $2,837.43 10188 6555 QUINN COMPANY INC Nov 5, 2015 $299.80 10189 12665 SAN JOAQUIN FENCE & SUPPLY Nov 5, 2015 $6,967.65 10190 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Nov 5, 2015 $776.17 10191 7670 STEWART ELECTRIC SUPPLY Nov 5, 2015 $1,869.80 10192 7685 STINSON STATIONERS Nov 5, 2015 $2,211.61 10193 7728 SULLY & SON HYDRAULICS INC Nov 5, 2015 $3,037.57 10194 7840 TALLEY COMMUNICATIONS CO INC Nov 5, 2015 $204.25 10195 15868 TEL TEC SECURITY SYSTEM INC Nov 5, 2015 $64.00 10196 13646 UNITED ROTARY BRUSH CORP Nov 5, 2015 $4,463.99 10197 18288 VSS EMULTECH INC Nov 5, 2015 $13,940.12 10198 9010 WILLIAMS CLEANING SYSTEMS INC Nov 5, 2015 $230.16 Disbursement Total 1512 $241,799.94 $13,626,070.97 S:\Accounting\Dawn T\Admin - Council\2015\COUNCIL-ADMIN\ 11/18/15 CC AGENDA PACKET PG 4 6 ADMINISTRATIVE REPORT 1{ MEETING DATE: 11/18/2015 Consent -Ordinances c. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 11/12/2015 A%\N13 SUBJECT: Adoption of Ordinance Granting a Water Franchise to California Water Service Company. (FR 1114115) STAFF RECOMMENDATION: Staff recommends adoption of the ordinance. The ordinance had first reading on November 4, 2015. BACKGROUND: Existing Franchise: California Water Service Company ( "Cal Water ") has an existing franchise for water distribution with the City that is set to expire on or around December 31, 2015. The franchise provides for payments to the City by Cal Water for the right to lay and use pipes and appurtenances for transmitting and distributing water for any and all purposes, under, along, across, or upon the public streets, ways, alleys, and places within the City right -of -way as provided by state law (state constitution and 1937 Act) and the City Charter. The payments made by Cal Water under the franchise are calculated by taking the greater of (1) 2% of Cal Water's gross annual receipts from the use, operation, or possession of the franchise or (2) 1% of Cal Water's gross annual receipts from the sale of water within the City limits. The franchise does not have any direct impact on Cal Water's ability to increase the rates for water use in their system. On February 16, 2015, Cal Water requested it new franchise. On September 16, 2015, City grant a franchise to Cal Water. Notice of the Bakersfield Californian on September 25, 2016. Renewal Negotiations with Cal Water: writing that the City Council grant Cal Water a Council Approved a Resolution of Intention to intent to grant a franchise was posted in The The City and Cal Water have negotiated the specific terms of the franchise ordinance. The proposed changes include clarifications to the original franchise ordinance including Cal Water's cooperation on performing work in the City right -of -way and timely relocation of their facilities, Cal Water's obligation to relocate their facilities at City request, and relocation of Cal Water facilities for highway facilities transferred from the State to the City. The payments made by Cal Water to City will remain the same as in the previous franchise. Based on comments 11/18/15 CC ACEN A PACKET FCC 4 7 received from City Council, the Franchise will be for a term of two years, and Cal Water will provide the City with a presentation at least 30 days prior to initiating a rate case with the California Public Utilities Commission. Timing: Council approved the First Reading of this Franchise ordinance November 4, 2015. The Second reading and adoption of the ordinance is scheduled for tonight. The ordinance will become effective 30 days after the second reading and adoption of the ordinance by the Council. ATTACHMENTS: Description Type California Water Service Company Franchise Ordinance Oir6irn: =sir ce 11/18/15 CC A GENDA PACKET FAG ORDINANCE NO. ORDINANCE GRANTING TO CALIFORNIA WATER SERVICE COMPANY, A CALIFORNIA CORPORATION, AND ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO CONSTRUCT, MAINTAIN, AND USE, PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING WATER FOR ANY AND ALL PURPOSES WITHIN THE CITY OF BAKERSFIELD. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. The words or phrases below shall have the following definitions unless they are otherwise defined: A. "Grantee" means California Water Service Company, a corporation organized and existing under and by virtue of the laws of the State of California, and its lawful successors or assigns; B. "City" means the City of Bakersfield, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated or reincorporated form; C. "CPUC" means the California Public Utilities Commission; D. "Streets" means the dedicated right -of -way for public streets, ways, alleys and places within the City as they now or may hereafter exist including, but not limited to, state highways, now or hereafter established within City, and freeways now or hereafter owned by City; E. "Franchise" means and includes any authorization granted hereunder in terms of a non - exclusive franchise, privilege, permit, license, or otherwise to Lay and Use Pipes and Appurtenances for transmitting and distributing Water for all purposes under, along, across, or upon the Streets and will include and be in lieu of any existing or future City requirement to obtain a business license for the privilege of transacting and carrying on its business within the City; F. "Gross Annual Receipts" means all gross operating receipts received by Grantee from the sale of Water to Grantee's customers from the operation of all franchises within the limits of the City less uncollectible amounts and less any refunds or rebates made by Grantee to its customers pursuant to CPUC orders or decisions; -- Page 1 of 7 Pages -- 11/18/15 CC AGEN A PACKET FAG 4 9 G. "Pipes and Appurtenances" means pipes, pipelines, mains, services, traps, vents, vaults, manholes, meters, gauges, regulators, valves, appliances, attachments, ditch, flume, conduit and appurtenances, wired and wireless communication equipment, and other property of Grantee located or to be located in, upon, along, across, under or over the streets of City, and used or useful in transmitting and distributing water under this Franchise, including any below ground water facilities abandoned in place by Grantee; H. "Lay and Use" means to lay, construct, erect, install, operate, maintain, use, repair, replace, relocate or remove; I. "Public Property" means City Streets, rights -of -way, and improvements including, but not limited to, all public improvements associated with the Streets that may be affected by Grantee's activities including, but not limited to, landscaping, fire hydrant heads, irrigation systems, street lights, street furniture, sidewalks, sewer systems, storm drain collectors, water mains, traffic signals, traffic stops, and bus shelters. SECTION 2. City hereby grants the Franchise to Grantee subject to the terms, conditions, reservations, exceptions and provisions set forth in City's Charter and California Public Utilities Code Sections 6201, et. seq., commonly known and designated as the "Franchise Act of 1937." SECTION 3. Subject to the terms of this Ordinance, the Franchise will be for two years unless, with the consent of the CPUC, or other lawful authority having jurisdiction, the following occurs: (1) Grantee voluntarily surrenders or abandons it; (2) City purchases or, under eminent domain, condemns and acquires the Pipes and Appurtenances used or useful in the exercise of Grantee's Franchise rights hereunder that are situated within City's territorial limits; or (3) Grantee forfeits this Franchise by failing to comply with its terms. SECTION 4. During the life of this Franchise, Grantee must pay to City two percent of the Gross Annual Receipts received by applicant from the use, operation or possession of this Franchise, which sum shall not be less than one percent of the Gross Annual Receipts derived by applicant from the sale of water within City's limits under all franchises operated by applicant ( "Annual Payment "). If the compensation formula to be paid to a general law city as currently set forth in Public Utilities Code Section 6231(c) is modified, which if applied to the formula in this section would result in a higher annual fee to be imposed on Grantee -- Page 2 of 7 Pages -- 11/18/15 CC ACEN A PACKET FCC 5 than provided for in this section, then Grantee must pay City the higher annual fee as of the effective date of the act modifying the compensation formula. SECTION 5. Grantee must file with the City Clerk within three months after the expiration of the calendar year following the date of the granting of this Franchise, and within three months after the expiration of each and every calendar year thereafter, a duly verified statement ( "Gross Annual Receipts Statement ") showing in detail the total Gross Annual Receipts received by Grantee during the preceding calendar year, or fractional calendar year, from the sale of Water within City. Grantee must pay to City the payments required in this Ordinance within fifteen days after filing its Gross Annual Receipts Statement for that calendar year, or fractional calendar year. If Grantee fails to file a Gross Annual Receipts Statement or make the payments required by this Ordinance, at the time and in the manner required, City may, subject to Section 6, below, declare that Grantee forfeited the Franchise and all of its related rights. SECTION 6. If Grantee fails, neglects or refuses to comply with any of the provisions or conditions prescribed in this Ordinance, and does not, within ten business days after written demand for compliance, begin the work of compliance, or after such beginning does not prosecute the same with due diligence to completion, then City may declare that Grantee forfeited this Franchise and all of its related rights. Said written demand shall specifically identify the provision of this Ordinance with which Grantee has failed to comply and what actions City contends must be taken to bring Grantee's actions into compliance with this Ordinance. City may sue in its own name for the forfeiture of this Franchise in the event of non - compliance by Grantee with any of the conditions hereof after complying with the requirements of this Section. SECTION 7. City has the right at reasonable times and upon reasonable notice, to have the City Clerk, City- designated accountant, or other appropriately qualified agent of City examine all of Grantee's books, vouchers, records and other papers pertinent to the exercise of the Franchise. If Grantee refuses to produce its books, vouchers, records, or other papers pertinent to the exercise of the Franchise at any reasonable time for examination by City at Grantee's office in the City, subject to Section 6, above, City may declare that Grantee forfeited the Franchise and all of its related rights. -- Page 3 of 7 Pages -- 11/18/15 CC ACEN A PACKET FCC 51 SECTION 8. Before submitting an application for any type of rate increase in the City of Bakersfield with the CPUC, Grantee will give the City 30 days' notice and provide a presentation to the City Council that includes the justification for any proposed rate increase. SECTION 9. The Franchise does not in any way or to any extent impair City's right to acquire Grantee's property either by purchase or through the exercise of the right of eminent domain, and nothing in this Ordinance may be construed to contract away, modify or abridge City's right to exercise the power of eminent domain. The Franchise must never be given any value before any Court or other public authority in any proceeding of any character in excess of the cost to Grantee of the necessary publication. SECTION 10. By acceptance of this Franchise, Grantee covenants and agrees to perform and be bound by each and all of the terms and conditions imposed in this Ordinance and, as to this Franchise, further agrees to: A. Comply with all lawful ordinances, rules and regulations adopted by the City Council now in place or hereafter adopted governing the construction, maintenance and operation of its pipes, appurtenances, plants, works or equipment. B. Pay City on demand the cost of all repairs to Public Property made necessary by any of Grantee's operations under this Franchise. C. Indemnify, defend, and hold harmless City and City's officers, agents, and employees against any and all liability, claims, actions, causes of action, or demands whatsoever against them or any of them, before administrative or judicial tribunals of any kind whatsoever arising out of, connected with, or caused by Grantee or Grantee's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Ordinance and the Franchise granted hereunder, whether or not caused in part by a party indemnified hereunder, except for City's active negligence or willful misconduct. Grantee must, on City's request, defend any action against City asserting a claim covered by this indemnity. Grantee shall engage legal counsel of its own choosing to jointly represent City and Grantee under this paragraph. If a conflict of interest exists between Grantee and City in said action, precluding joint representation of Grantee and City by the same legal -- Page 4 of 7 Pages -- 11/18/15 CC ACEN A PACKET FCC 52 counsel, Grantee shall choose its own legal counsel as well as City's separate legal counsel. In all such events, Grantee shall pay all judgments, legal fees and related litigation costs for both City and Grantee. City shall not settle any claim or lawsuit subject to this indemnity or defense obligation without the prior written consent of Grantee. D. Grantee agrees to remove and relocate in a timely manner and without expense to City, any Pipes and Appurtenances, and any other facilities or equipment installed, used and maintained under this Franchise, if and when made necessary by any lawful change of grade, alignment or width of any Streets by City or its agents including, but not limited to, the construction of any subway or viaduct, public sewer system, canal, or sump. Grantee's obligation to remove or relocate its facilities or equipment under this Franchise without expense to City also includes relocations made necessary by all public improvements that were previously within the ownership or control of the State of California or the County of Kern but which have subsequently been accepted and maintained by City. SECTION 11. Compliance with Local Laws. A. Grantee must construct, maintain and use all Pipes and Appurtenances in a good and workmanlike manner and in compliance with all lawful and applicable Federal, State and City laws, ordinances, resolutions, regulations, policies, rules, orders, plans and specifications now in effect or as amended or added from time to time during the term of this Franchise except to the extent State or Federal law or regulation preempts those City laws or regulations. B. Upon constructing, maintaining or using any Pipes and Appurtenances or any part thereof, Grantee must expeditiously at its own cost and expense restore to applicable lawful City standards all Public Property disturbed or altered as a result of Grantee's actions to a condition that is the same or substantially similar to their condition immediately prior to the start of that construction or maintenance. Grantee must comply with City's terms and conditions concerning the location within the public right -of -way of the proposed facilities, except to the extent State or Federal law or regulation preempts those terms and conditions. C. Grantee's activities and each restoration of Public Property under this Franchise must be performed in a good and workmanlike manner, and in accordance with the lawful standard plans, specifications, orders, rules and regulations of City and each of its applicable departments, and subject to all -- Page 5 of 7 Pages -- 11/18/15 CC AGEN A PACKET FAG 53 lawful fees and exactions, except to the extent State or Federal law or regulation preempts those plans, specifications, orders, rules and regulations. SECTION 12. This Ordinance will become effective thirty days after its passage. SECTION 13. Grantee must reimburse City for all publication expenses incurred by City in connection with the granting of this Franchise within thirty days after City provides Grantee with a written statement of such expenses. SECTION 14. This Franchise will not become effective until Grantee files written acceptance of the Franchise with the City Clerk; provided, however, that Grantee must accept this Franchise within thirty days after the adoption of this Ordinance by the City Council unless the timing for acceptance of the Franchise is otherwise extended by the City Council. When filed, Grantee's acceptance will constitute Grantee's continuing agreement that if and when City annexes property or consolidates additional territory into City limits, this Franchise will be deemed to apply within the limits of that annexation or consolidation. SECTION 15. Grantee may not transfer or assign the Franchise without prior written consent of the City Council evidenced by a duly adopted resolution approving the assignment or transfer and unless the transferee or assignees thereof covenant and agree to perform and be bound by each and all of the terms and conditions imposed in this Ordinance and by the City Charter. Consent to such transfer or assignment shall not be unreasonably withheld, conditioned or delayed. SECTION 16. If Grantee ceases distributing water to its customers through its Pipes and Appurtenances within Grantee's service territory located in the City limits for a period of sixty days the City Council may, by resolution, and subject to Section 6, above, declare this Franchise to be forfeited. The resolution may further provide, at the option of the City Council, and in compliance with all requirements of law, that all works, installations, and equipment of Grantee that have been placed in, on or over the Streets will become City property and all right, title, and interest to those works, installations, and equipment will vest in -- Page 6 of 7 Pages -- 11/18/15 CC ACEN A PACKET FCC 5 City. Notwithstanding the foregoing, Grantee reserves all rights and claims available by law or otherwise, to contest and /or protest the adoption of the aforesaid resolution or the subsequent transfer of Grantee's works, installations, and equipment to City. Nothing in this Section 16 shall constitute a waiver of any rights by Grantee whatsoever relative to the transfer of its works, installations, and equipment as above provided. HEREBY CERTIFY that the foregoing Ordinance was first read at a regular meeting of the City Council of the City on the 4th day of November, 2015, and was passed and adopted at a regular meeting of the City Council held on the 18th day of November, 2015, by the following vote: AYES: COUNCIL MEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER NOES: COUNCIL MEMBER ABSTAIN COUNCIL MEMBER ABSENT: COUNCIL MEMBER APPROVED JIM HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JIM RICHARD IGER Deputy City Attorney RI:dII S: \WATER \Cal Water Franchise Agr\City Cal Water Ord E'anchise FnI.Docx ROBERTA GAFFORD, CMC CITY CLERK AND EX OFFICIO of the Council of the City of Bakersfield -- Page 7 of 7 Pages -- 11/18/15 CC ACEN A PACKET FCC 55 ADMINISTRATIVE REPORT 1{ MEETING DATE: 11/18/2015 Consent -Resolutions d. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 9/29/2015 A%\N13 SUBJECT: Resolution adopting the updated Investment Policy of the City. STAFF RECOMMENDATION: Staff recommends adoption of the Resolution. BACKGROUND: California Government Code Section 53646 requires staff to annually render to the legislative body a statement of investment policy which the legislative body shall consider at a public meeting. Our City Treasurer is a member of the California Municipal Treasurers Association (CMTA) executive board. Through that connection we became aware of a recently developed investment policy certification program offered by the CMTA. Staff submitted our existing investment policy for review and the committee offered several comments and suggestions for policy enhancement. In an effort to follow the best practices of the CMTA and to maintain a high quality investment policy, we are recommending several enhancements to our existing policy, summarized as follows: discussion on the delegation of authority documenting the investment portfolio review process more detailed discussion of investment pools and mutual funds more detailed discussion of custody and safekeeping Addition of a glossary If approved, we believe these improvements to the investment policy will allow us to obtain certification of the Policy from the CMTA. Attached to this Administrative report you will find the updated investment policy document, as well as a red -lined version of the prior policy document for your review and consideration. ATTACHMENTS: Description Resolution Type 1=�esoIklfi lrl 11/18/15 CC AGENDA PACKET FAG 56 Updated Investment Policy Exhl Ike lit Red line version—investment Policy BaCkUa p IMateirli4l � 11/18/15 CC A GEN PACKET PG 57 POLICY RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADOPTING AN UPDATED INVESTMENT POLICY. WHEREAS, Section 53646 of the California Government Code requires the Treasurer or Chief Fiscal Officer to render an annual statement of Investment Policy to the legislative body of the local agency; and WHEREAS, the City of Bakersfield desires to adopt an Investment Policy in conformance with the California Government Code. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows: The Council of the City of Bakersfield hereby adopts the Investment Policy as set forth in Exhibit "A" attached hereto and made a part hereof. 111 - -Pagel of 2 -- 11/18/15 CC AGENDA PACKET FAG 58 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCIL MEMBER: NOES: COUNCIL MEMBER: ABSTAIN: COUNCIL MEMBER: ABSENT: COUNCIL MEMBER: APPROVED LOSE HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney IRE JOSHUA RUDNICK Deputy City Attorney II Exhibit "A" attached RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield - -Page2 of 2 -- 11/18/15 CC ACEN A PACKET FCC 59 CITY OF BAKERSFIELD INVESTMENT POLICY I INTRODUCTION This Investment Policy is intended to provide guidelines for the prudent investment of the City of Bakersfield's temporary idle cash, and outline the policies for maximizing the efficiency of the City's cash management system. It is the policy of the City of Bakersfield to invest public funds in a'manner which will provide safety of principal and at least a market rate of return while meeting the daily cash flow demands of the City. Investments will conform to all statutes governing the investment of public funds. The primary goals of this policy are_ • To assure compliance with all Federal, State and Local laws governing the investment of public funds under the control of the City Treasurer. To maintain the principal value of financial assets and ensure ample liquidity to meet operating expenditures. • Within the constraints of safety and liquidity, and within the parameters of this Investment Policy generate a market rate of return. The ultimate goal is to enhance the economic status of the City of Bakersfield while protecting the safety ''of its financial assets. II SCOPE' This policy applies to the investment activities of the City of Bakersfield and related entities. Idle cash in all funds is pooled for investment purposes except tax exempt bond proceeds, which are separated for arbitrage record keeping as required by Federal tax law and the Firemen's Disability and Retirement Fund which is administered separately under the City of Bakersfield Municipal Code Section 2.92. Other Post - Employment Benefits (OPEB) are administered by a separate Investment Policy per Resolution 008 -07. Investments made on a pooled basis include monies of the City of Bakersfield, the Redevelopment Successor Agency and the Public Financing Authority. The pooled funds are accounted for 11/18/15 CC AGENDA PACKET FCC 60 in the City of Bakersfield's Comprehensive Annual Financial Report (CAFR) and include: OXX General Funds 1XX Special Revenue Funds 2XX Debt Service Funds 3XX Capital Project Funds 4XX Enterprise Funds 5XX Internal Service Funds 6XX Fiduciary- Agency Funds Any new fund created, unless specifically exempted. All debt issue proceeds will be invested in accordance with the associated trust indenture, and in such a manner that facilitates arbitrage rebate calculations. III PRUDENCE Investments shall be made in the context of the "prudent investor" standard: Investments shall be made with judgement and care, under circumstance then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for - speculation,' but for investment, considering the probable safety of their capital as well as the probable income to be derived. The prudent investment diversification for the City's temporary idle cash vs. the Firemen's Disability; and Retirement Fund (FDRF) is different. Up to 40% of the retirement fund may be invested in securities of a single agency of the four United States Government Agencies authorized in this policy. This exception to investment diversification among the highest quality securities is deemed prudent and necessary in order to increase the available options for keeping retirement funds fully invested at or above the 4.0 percent actuarial rate of return. IV OBJECTIVE Criteria for selecting investments and the order of priority are: • Safe - Safety of principal is the foremost objective of the investment program. The City only operates in those investments that are considered very safe. The City shall seek to preserve principal by mitigating the two types of risk, credit risk and market risk. • Credit Risk - Potential loss due to the failure of an issuer of a security. • Market Risk - Potential decrease in the value of securities due to changes in the general level of interest rates. 11/18/15 CC AGENDA PACKET FAG 61 • Liquidity -Liquidity refers to the "ability to easily sell" at any moment in time with a minimal risk of losing some portion of principal and interest. Liquidity is an important investment quality should the need for cash occur unexpectedly. • Yield -Yield is the potential dollar earnings an investment can provide and is sometimes described as the rate of return. The City's investment portfolio shall have the objective of attaining a comparative performance measurement or an acceptable rate of return throughout budgetary and economic cycles. These measurements should be commensurate with the City's investment risk constraints identified in the Investment Policy and the cash flow characteristics of the portfolio. V DELEGATION OF AUTHORITY In accordance with the City of Bakersfield Municipal Code, subsequent resolutions, -and California Government Code Section 53607, the City Council assigns the responsibility of investing unexpended cash to the Finance Director. The duties prescribed by the City Charter state that the Finance Director shall separate the custody of moneys from the accounting of moneys. Therefore, the City Treasurer, who reports to the Finance Director, shall be responsible for all investment transactions undertaken and shall establish a system of controls to regulate the City's investment activities. In the absence of the City Treasurer, the authority to execute investment transactions will be restricted to the Finance Director, Assistant Finance Director and the Treasury Supervisor. VI ETHICS AND CONFLICTS OF INTEREST All officials involved with the City of Bakersfield'sinvestment program shall exercise their fiduciary responsibly as custodians of the public trust. The City Treasurer, or when appropriate the Treasury Supervisor, shall avoid any transactions that might impair public confidence in the City's ability to manage the investment of public funds in an effective manner. The City Treasurer, Treasury Supervisor, or any other official charged with the responsibility of making investment decisions, shall have no vested interest in any investment being made involving public funds of the City, and shall' gain no financial benefit from such investment decisions. VII AUTHORIZED BROKER/ DEALERS AND BANKS All financial institutions that desire to do business with the City shall be evaluated by the City Treasurer to determine if they are adequately capitalized, meet California Government Code requirements and agree to abide by the conditions set forth in the City of Bakersfield Investment Policy. Whenever reasonable and in keeping with Government Code, investments are placed locally. Broker /dealers are investigated to determine if there is pending legal action against the firm or the individual broker who would be the City's contact and that the firm offers securities appropriate to the City's needs. All broker /dealers, which may include "primary" dealers or regional dealers that qualify under Securities & Exchange Commission Rule 15c3 -1 (Uniform 11/18/15 CC AGENDA PACKET FAG 62 Net Capital Rule), who desire to become authorized bidders for City investment transactions must supply the City Treasurer with the following: • Current audited financial statements • Account authorization forms • Proof of National Association of Securities Dealers certification • Completed broker /dealer questionnaire • Certification of having read and agreement to abide by the City of Bakersfield Investment Policy All banks that desire to become authorized bidders for time certificates of deposit (TCD) must be a qualified public depository as established by State Law and supply the City Treasurer with the following: • Current audited financial statements • Depository contracts • A copy of the latest FDIC call report • Certification of having read and agreement to abide by the City of Bakersfield Investment Policy Broker /dealer account authorizations and depository contracts will be executed by the City of Bakersfield Finance Director as required by City Charter. The City Treasurer will maintain a list of authorized broker /dealers and banks that are approved to do business with the City. An annual review of the financial condition of authorized financial institutions will be conducted by the City Treasurer. VIII AUTHORIZED & SUITABLE INVESTMENTS The City of Bakersfield's investment program is governed by the California Government Code Sections 53600 et seq. Within the context of these limitations, the following investments are authorized, as further limited herein (Single Asterisk * denotes term or percentage imposed by State statute; Double Asterisk ** denotes term or percentage utilized by the City of Bakersfield which is more restrictive than statute): A. United States Treasury Bills, Notes and Bonds United State Treasury Bills, Notes and Bonds are securities which have the full faith and credit of the United States pledged for payment of principal and interest. Although there is no percentage limitation of the dollar amount that can be invested in these categories, the "prudent investor" standard shall apply. Maturities are limited to five* years from settlement date. Treasury Bills (T- Bills) are short -term debt obligations of the United States Government, issued weekly with maturities up to one year. T -Bills are considered to have virtually no credit risk and to be the most liquid short -term fixed income instrument. Prices on 11118115 CC AGENDA PACKET FAG 63 T -Bills are quoted on a discount basis. The difference between the discount price and the full face value paid at maturity equals the total return. Treasury Note (T- Notes) are initially issued by the auction process with two, five and ten year maturities. T -Notes like Bills have virtually no credit risk and have liquidity through an active secondary market. T -Notes are issued at Par ($1,000) with a coupon or fixed rate of interest. The price or market value will fluctuate above or below par depending on the coupon rate and whether interest rates are rising or falling. T -Notes mature at par. Treasury Bonds (T- Bonds) are initially issued by the auction process with thirty year maturities and have characteristics similar to T- Notes. B. United States Government Agencies United States Government agencies include the Federal Farm Credit Bank System (FFCB), the Federal Home Loan _Bank (FHLB), the Federal Home Loan Mortgage Corporation (FHLMC) and the Federal National Mortgage Association (FNMA). Government agencies issue debt in the form of discount notes, much like T- Bills, and notes and bonds similar to T -Notes and T- Bonds. While agency debt is not a direct obligation of the U.S. government, it is rated AA. At the time of purchase no more than 20 % ** of the portfolio may be invested in any single agency name. Maturities are limited to five* years from settlement date. C. Bankers Acceptance Bankers Acceptance (BA) is a time draft or bill of exchange, issued from a letter of credit, and is normally used to finance international trade. When the accepting bank stamps "accepted" on the draft the bank guarantees payment of the draft at a specified future date and thereby creates an acceptance. BA's are considered extremely safe in that there has never been a default on a BA. BA's trade on a discount basis and may not exceed 180* days to maturity. No more than 10 % ** of the portfolio may be invested in BA's issued by any one bank. No more than 40 %* of the portfolio may be invested in this category. Eligible BA's are those issued by banks with a short term rating of the highest letter and number rating provided for by a nationally recognized statistical - rating organization. D. Commercial Paper Commercial Paper (CP) is a short -term promissory note. CP is sold on a discount basis. The maximum maturity is 270 days with most issued in the 30 -50 day maturity range. Eligible CP is "prime" quality of the highest letter and number rating provided for by a nationally recognized statistical - rating organization. CP is 11118115 CC AGENDA PACKET FAG 64 E. F. issued by domestic corporations having assets in excess of $500 million and having an A or higher rating on its debt, other than CP, as provided by Standard and Poor's or Moody's. Purchases of eligible CP may not exceed 270* days to maturity. No more than 10 %* of the portfolio may be invested in CP issued by any one corporation. No more than 25 %* of the portfolio may be invested in this category. Repurchase Agreements Repurchase Agreements, commonly transactions. One is the purchase of from a bank or dealer. The other is t repurchase the securities at the same called Repos, ,consist of two simultaneous securities by an investor (City of Bakersfield) 4e commitment by the bank or dealer to price plus interest at some mutually agreed future date. Normally the securities are U.S. Treasury notes or bonds and are held by a Federal Reserve Bank. Repos can be done with banks or dealers with which the City has entered into _a master repurchase contract that specifies terms and conditions of repurchase agreements. The maturity of Repos shall not exceed 90 ** days. No more than 30%** of the portfolio may be invested in this category. Local Agency Investment Fund Local Agency Investment Fund (LAIF) is a State of California managed investment pool for local agencies within the State. Investments may be up to the maximum permitted by State Law or 40 % ** of the portfolio whichever is less. The maximum amount of deposit in any one account is $50 million. Due diligence will be exercised in monitoring the performance of LAIF on a continual basis. G. Time C Time Cf anyone, of Deposit > of Deposit (TCD's) are similar to a savings certificate that lase at a bank where there is a fixed rate of interest and a y'' date. In the public funds area, TCD's are collateralized in California Government Code and are non - negotiable. At the time of purchase no more than 10 % ** of the portfolio may be in TCD's of any one institution. Maturity is limited to five* years. No more than 40 % ** of the portfolio may be invested in this category. Section 53652 of the California Government Code also specifies that the City will have a deposit contract with each depository. Public Agency Savings Account - Demand Deposits Public Agency Savings Account - Demand Deposits are similar to a savings account that anyone can open at a bank. The interest rate is specified at the time 11118115 CC AGENDA PACKET FAG 65 of deposit, but is subject to change. All funds can be withdrawn on demand. Like public TCD's, public agency savings accounts are collateralized in accordance with California Government Code requirements. No more than 30 % ** of the portfolio may be invested in this category. I. Mutual Funds Mutual Funds are money market funds meeting criteria prescribed in California Government Code Section 53601 and related legislation. Investment in this category is limited to funds that invest in U.S. Government Securities and maintain a net asset value of one (daily liquidity). The purchase price of shares shall not include any commission that these companies may charge. No more than 10 %* of the portfolio maybe No more than 20 %* of the portfoli diligence will be exercised in the s funds on a continual basis. -d in the shares of any one mutual fund. be invested in this category. Due n and performance monitoring of mutual City of Bakersfield Summary Of Maximum_ Percent and Term Limitations By Investment Type: Percent U.S. Treasury Bills, Notes and Bonds U.S. Government Agency Obligations Bankers Acceptances(l) Commercial Paper(3) Repurchase Agreements Local Agency Investment Fund Time Certificates of Deposit Public Agency Demand Accounts Mutual Funds 0 to 100% 20% per agency 40 %(2) 25 %(2) 30% 40% 40 %(2) 30% 20 %(2) Term 5 Years 5 Years 180 Days 270 Days 90 Days N/A 5 Years N/A N/A (1) Short -term debt rating of the highest letter and number rating provided for by a nationally recognized statistical - rating, organization. (2) No more than 10% of the portfolio may be invested in any one entity from these categories. (3) Highest letter and number rating provided for by a nationally recognized statistical - rating organization. Should any investment percentage and portfolio limitation be exceeded due to the unexpected fluctuation in portfolio size, the affected securities may be held to avoid losses. When market values are such that no loss is indicated, the City Treasurer shall consider restructuring the portfolio basing the decision in part on the expected length of time the portfolio will be imbalanced. 11/18/15 CC AGENDA PACKET FAG 66 Any State of California legislative action that further restricts allowable maturities, investment type or percentage allocations, will be incorporated into this Investment Policy and supersede any and all previous applicable language. IX UNAUTHORIZED INVESTMENTS Ineligible investments are those that are not described herein, including but not limited to, negotiable time certificates of deposit, non - government agency medium term corporate notes and reverse repurchase agreements. X INVESTMENT PORTFOLIO REVIEW The securities held by the City must be in compliance with Section VIII Authorized & Suitable Investments at the time of purchase. The City Treasurer shall review the portfolio quarterly to identify any securities that are no longer in compliance. The City Treasurer shall establish procedures to report to the Finance Director and City Council, should one exist, any major and critical incidence of noncompliance identified through the review of the portfolio.' XI INVESTMENT POOLS / MUTUAL FUNDS A thorough investigation of the pool /fund is required prior to investing, and on a continual basis. There shall be a questionnaire completed which will provide the following information: I . A description of eligible investment securities, and a written statement of investment policy and objectives. 2. A description of interest calculations and how it is distributed, and how gains and losses are treated. 3. A description of haw the securities are safeguarded (including the settlement processes), and how often the securities are priced and the program audited. 4. A description of who may invest in the program, how often, what size deposit and withdrawals are allowed. 5. A schedule of when statements and portfolio listings will be provided. 6. A description of how the pool /fund utilizes reserves, retained earnings, etc. 7. A fee schedule, including when and how fees are assessed. 8. The eligibility of the pool /fund to invest in bond proceeds and a description of its practices. XII COLLATERALIZATION Collateralization will be required on two types of investments, time certificates of deposit and repurchase agreements. Investment in time certificates of deposit shall be insured up to $250,000 by the Federal Deposit Insurance Corporation (FDIC). Investments in time certificates of deposit in excess of $250,000 shall be properly collateralized. When a depository pledges government securities as collateral, section 53652 of the California Government Code requires the securities to have a market value of at least 10% in excess of the City's deposit or 50% in excess of the City's deposit when mortgages are pledged as collateral. Repo collateralization will be at least 102% of market value of principal and accrued interest. Investments held with 11/18/15 CC AGENDA PACKET FAG 67 Third Parties holding collateral for the investment shall be properly collateralized in accordance with collateralization requirements of the California Government Code. XIII SAFEKEEPING AND CUSTODY All securities owned by the City shall be held in safekeeping by a third party custodian designated by the City Treasurer and evidenced by safekeeping receipts. All security transactions entered into by the City of Bakersfield shall be conducted on a delivery- versus- payment (DVP) basis. Securities shall be delivered to the City by book entry, physical delivery or by third party custodial agreement. Upon purchase or maturity of investment securities, standing settlement instructions are provided to the servicing banks and broker /dealers involved in the transactions. Adherence to those standing settlement instructions ensures accurate and timely settlement of investment security transactions. Standing settlement instructions are restricted in nature, ensuring investment settlements are within established guidelines. XIV DIVERSIFICATION To reduce credit and market risk in the overall portfolio, the City will diversify its investments by security type, maturity date and issuer. With the exception of U.S. Treasury securities, diversification is also achieved by the portfolio percentages and maturity limitations indicated in the Authorized & Suitable Investments section of this policy. XV MAXIMUM MATURITIES To the extent possible, and within the five year maximum maturity required by California Government Code, the City of Bakersfield will attempt to match investment maturities with anticipated cash flow requirements. As required by California Government Code Section 53601, any investment term longer than five years requires express authority by the City Council to make that investment. This authority must be granted no less than three months prior to making the investment. Investments with terms longer than five years will be limited to the lesser of $10 million or 10% of the portfolio at the time the investment is made. 11118115 CC AGENDA PACKET FAG 68 XVI INTERNAL CONTROL Investment transactions are reviewed by the City's external auditor as part of the annual audit. This review verifies compliance with the City of Bakersfield Investment Policy and the California Government Code. XVII PERFORMANCE STANDARDS The cash management system is designed to accurately revenues, thus ensuring the investment of monies to the estimated float for the Active Account and the Payroll E highest interest yields possible as long as investments h liquidity, do not exceed a term of five years (unless oth( and are within portfolio percentage limitations. all funds as near 100% as possible through is premise underlying the City of )e, to ensure that the money is always safe Because the investment portfolio is designed to operate on a "hold -to- maturity" premise (or passive investment style) and because of the safety, liquidity, and yield priorities, the benchmark that will be used by the City Treasurer to determine whether market yields are being achieved shall be the yield on the U.S. Treasury Bill or Note maturing closest to the weighted average maturity of the City's overall portfolio. end forecast expenditures and .tent possible, including the The City attempts to obtain the -iteria required for safety and horized by the City Council) The City strives to maintain the level of investment daily and projected cash flow determinations. The Bakersfield Investment Policy is, and will continue and available when needed. XVIII REPORTING The City Treasurer shall provide the City Council monthly investment reports which provide a clear picture of the status of the current investment portfolio. The Monthly Investment Report shall include the following: • A listing of individual securities held at the end of the reporting period by authorized investment category • Final maturity of all investments listed • Coupon, discount or earnings rate • Par value and market value • Transactions completed during the month • Percentage of the portfolio represented by each investment category • A statement of compliance with the Investment Policy • A statement denoting the ability to meet the pool's expenditure requirements for the next six months, or an explanation as to why sufficient money shall, or may, not be available 11/18/15 CC AGENDA PACKET FAG 69 XIX INVESTMENT POLICY ADOPTION This Investment Policy shall be reviewed annually by the City Council to ensure its consistency with the overall objectives of Safety, Liquidity and Yield, its relevance to current financial and economic trends, and ability to meet the cash flow operational needs of the City. As part of the City Council's annual review of the City's Investment Policy, and in accordance with the requirement of the California Government Code, the City Council shall adopt the City's Investment Policy by Resolution on an annual basis. XX INDEMNIFICATION OF INVESTMENT OFFICIALS The standard of care to be used by investment officials shall be the "prudent investor" standard and shall be applied in the context of managing the overall portfolio. The City Treasurer and his designees' acting in accordance with established procedures and the City of Bakersfield Investment Policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. XXI GLOSSARY ACCRUED INTEREST: Interest earned but not yet received. AGENCIES: Federal agency securities and /or Government- sponsored enterprises. ASKED: The price at which securities are offered. AUTHORIZED INVESTMENTS: A list of permitted investments by investment type maintained as a component to an investment policy. Allowable investment listings will generally include descriptions or parameters for investment diversification ratios, terms of maturity, and quality ratings. BANKERS' ACCEPTANCE (BA): A draft or bill or exchange accepted by a bank or trust company. The accepting institution guarantees payment of the bill, as well as the issuer. BENCHMARK: A comparative base for measuring the performance or risk tolerance of the investment portfolio. A benchmark should represent a close correlation to the level of risk and the average duration of the portfolio's investments. BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) See Offer. BOND: A financial obligation for which the issuer promises to pay the bondholder a specified stream of future cash flows, including periodic interest payments and a principal repayment. BROKER: A broker brings buyers and sellers together for a commission. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a Certificate. Large- denomination CD's are typically negotiable. COLLATERAL: Securities, evidence of deposit or other property, which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report of the (entity). It includes five combined statements for each individual fund and account group prepared in conformity with GAAP. It also includes supporting schedules necessary to 11/18/15 CC AGENDA PACKET FAG 70 demonstrate compliance with finance- related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date. CUSTODY: A banking service that provides safekeeping for the individual securities in a customer's investment portfolio under a written agreement which also calls for the bank to collect and pay out income, to buy, sell, receive and deliver securities when ordered to do so by the principal. DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DEBENTURE: A bond secured only by the general credit of the issuer. DELIVERY VERSUS PAYMENT: There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment is delivery of securities with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. DISCOUNT: The difference between the cost price of a security and its maturity when quoted at lower than face value. A security selling below original offering price shortly after sale also is considered to be at a discount. DISCOUNT SECURITIES: Non - interest bearing money market instruments that are issued a discount and redeemed at maturity for full face value (e.g., U.S. Treasury Bills.) DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $250,000 per entity. FEDERAL FUNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open- market operations. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size can be done at those quotes. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold. MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase—reverse repurchase agreements that establishes each party's rights in the transactions. A master agreement will often specify, among other things, the right of the buyer- lender to liquidate the underlying securities in the event of default by the seller borrower. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. MONEY MARKET: The market in which short -term debt instruments (bills, commercial paper, bankers' acceptances, etc.) are issued and traded. PORTFOLIO: Collection of securities held by an investor. 11/18/15 CC AGENDA PACKET FAG 71 PRUDENT INVESTOR RULE: An investment standard. In some states the law requires that a fiduciary, such as a trustee, may invest money only in a list of securities selected by the custody state —the so- called legal list. In other states the trustee may invest in a security if it is one which would be bought by a prudent investor of discretion and intelligence who is seeking a reasonable income and preservation of capital. QUALIFIED PUBLIC DEPOSITORIES: A financial institution which does not claim exemption from the payment of any sales or compensating use or ad valorem taxes under the laws of this state, which has segregated for the benefit of the commission eligible collateral having a value of not less than its maximum liability and which has been approved by the Public Deposit Protection Commission to hold public deposits. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. This may be the amortized yield to maturity on a bond the current income return. SAFEKEEPING: A service to customers rendered by banks for a fee whereby securities and valuables of all types and descriptions are held in the bank's vaults for protection. SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following the initial distribution. SECURITIES & EXCHANGE COMMISSION: Agency' created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 15(C)3 -1: See Uniform Net Capital Rule. UNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as nonmember broker- dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to l; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm, including margin loans and commitments to purchase securities, one reason new public issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. WEIGHTED AVERAGE MATURITY (WAM): The average maturity of all the securities that comprise a portfolio that is typically expressed in days or years. YIELD: The rate of annual income return on an investment, expressed as a percentage. (a) INCOME YIELD is obtained by dividing the current dollar income by the current market price for the security. (b) NET YIELD or YIELD TO MATURITY is the current income yield minus any premium above par or plus any discount from par in purchase price, with the adjustment spread over the period from the date of purchase to the date of maturity of the bond. 11/18/15 CC AGENDA PACKET FAG 72 CITY OF BAKERSFIELD INVESTMENT POLICY INTRODUCTION This Investment Policy is intended to provide guidelines for the prudent investment of the City of Bakersfield's temporary idle cash, and outline the policies for maximizing the efficiency of the City's cash management system. It is the policy of the City of Bakersfield to invest public funds in a manner which will provide safety of principal and at least a market rate of return while meeting the daily cash flow demands of the City. Investments will conform to all statutes governing the investment of public funds. The primary goals of this policy are: • To assure compliance with all Federal, State and Local laws governing the investment of public funds under the control of the City Treasurer. • To maintain the principal value of financial assets and ensure ample liquidity to meet operating expenditures. • Within the constraints of safety and liquidity, and within the parameters of this Investment Policy generate a market rate of return. The ultimate goal is to enhance the economic status of the City of Bakersfield while protecting the safety of its financial assets. II SCOPE This policy applies to the investment activities of the City of Bakersfield and related entities. Idle cash in all funds is pooled for investment purposes except tax exempt bond proceeds, which are separated for arbitrage record keeping as required by Federal tax law and the Firemen's Disability and Retirement Fund which is administered separately under the City of Bakersfield Municipal Code Section 2.92. Other Post - Employment Benefits (OPEB) are administered by a separate Investment Policy per Resolution 008 -07. Investments made on a pooled basis include monies of the City of Bakersfield, the Redevelopment Successor Agency and the Public Financing Authority. The pooled funds are accounted for 11/18/15 CC AGENDA PACKET FCC 73 in the City of Bakersfield's Comprehensive Annual Financial Report (CAFR) and include: OXX General Funds 1XX Special Revenue Funds 2XX Debt Service Funds 3XX Capital Project Funds 4XX Enterprise Funds 5XX Internal Service Funds 6XX Fiduciary- Agency Funds Any new fund created, unless specifically exempted. All debt issue proceeds will be invested in accordance with the associated trust indenture, and in such a manner that facilitates arbitrage rebate calculations. III PRUDENCE Investments shall be made in the context of the "prudent investor" standard: Investments shall be made with judgement and care, under circumstance then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The prudent investment diversification for the City's temporary idle cash vs. the Firemen's Disability and Retirement Fund (FDRF) is different. Up to 40% of the retirement fund may be invested in securities of a single agency of the four & " ,.„ United States Government Agencies authorized in this policy. This exception to investment diversification among the highest quality securities is deemed prudent and necessary in order to increase the available options for keeping retirement funds fully invested at or above the 4.0 percent actuarial rate of return. IV OBJECTIVE Criteria for selecting investments and the order of priority are: • Safe - Safety of principal is the foremost objective of the investment program. The City only operates in those investments that are considered very safe. The City shall seek to preserve principal by mitigating the two types of risk, credit risk and market risk. Credit Risk - Potential loss due to the failure of an issuer of a security. Market Risk - Potential decrease in the value of securities due to changes in the general level of interest rates. W 11/18/15 CC A GENDA PACKET FAG 7 • Liquidity -Liquidity refers to the "ability to easily sell" at any moment in time with a minimal risk of losing some portion of principal and interest. Liquidity is an important investment quality should the need for cash occur unexpectedly. V DELEGATION OF AUTHORITY In accordance with the City of Bakersfield Municipal Code, subsequent resolutions, -and 44ea,i�i �-b. e 4o ° 4 4�,m °4., ,a� , b ,�P,, ,a b4�, California Government Code Section 53699 53607, VI ETHICS AND CONFLICTS OF INTEREST All officials involved with the City of Bakersfield's investment program shall exercise their fiduciary responsibly as custodians of the public trust. The City Treasurer, or when appropriate the Treasury Supervisor, shall avoid any transactions that might impair public confidence in the City's ability to manage the investment of public funds in an effective manner. The City Treasurer, Treasury Supervisor, or any other official charged with the responsibility of making investment decisions, shall have no vested interest in any investment being made involving public funds of the City, and shall gain no financial benefit from such investment decisions. VII AUTHORIZED BROKER/ DEALERS AND BANKS All financial institutions that desire to do business with the City shall be evaluated by the City Treasurer to determine if they are adequately capitalized, meet California Government Code requirements and agree to abide by the conditions set forth in the City of Bakersfield Investment Policy. Whenever reasonable and in keeping with Government Code, investments are placed locally. Broker /dealers are investigated to determine if there is pending legal action against the firm or the individual broker who would be the City's contact and that the firm offers securities 11/18/15 CC AGENDA PACKET FAG 75 appropriate to the City's needs. All broker /dealers, which may include "primary" dealers or regional dealers that qualify under Securities & Exchange Commission Rule 15c3 -1 (Uniform Net Capital Rule), who desire to become authorized bidders for City investment transactions must supply the City Treasurer with the following: • Current audited financial statements • Account authorization forms • Proof of National Association of Securities Dealers certification • Completed broker /dealer questionnaire • Certification of having read and agreement to abide by the City of Bakersfield Investment Policy All banks that desire to become authorized bidders for time certificates of deposit (TCD) must be a qualified public depository as established by State Law and supply the City Treasurer with the following: • Current audited financial statements • Depository contracts • A copy of the latest FDIC call report • Certification of having read and agreement to abide by the City of Bakersfield Investment Policy Broker /dealer account authorizations and depository contracts will be executed by the City of Bakersfield Finance Director as required by City Charter. The City Treasurer will maintain a list of authorized broker /dealers and banks that are approved to do business with the City. An annual review of the financial condition of authorized financial institutions will be conducted by the City Treasurer. VIII AUTHORIZED & SUITABLE INVESTMENTS The City of Bakersfield's investment program is governed by the California Government Code Sections 53600 et seq. Within the context of these limitations, the following investments are authorized, as further limited herein (Single Asterisk * denotes term or percentage imposed by State statute; Double Asterisk ** denotes term or percentage utilized by the City of Bakersfield which is more restrictive than statute): A. United States Treasury Bills, Notes and Bonds United State Treasury Bills, Notes and Bonds are securities which have the full faith and credit of the United States pledged for payment of principal and interest. Although there is no percentage limitation of the dollar amount that can be invested in these categories, the "prudent investor" standard shall apply. Maturities are limited to five* years from settlement date. Treasury Bills (T- Bills) are short -term debt obligations of the United States Government, issued weekly with maturities up to one M 11/18/15 CC A GENDA PACKET FAG 76 year. T -Bills are considered to have virtually no credit risk and to be the most liquid short -term fixed income instrument. Prices on T -Bills are quoted on a discount basis. The difference between the discount price and the full face value paid at maturity equals the total return. Treasury Note (T- Notes) are initially issued by the auction process with two, five and ten year maturities. T -Notes like Bills have virtually no credit risk and have liquidity through an active secondary market. T -Notes are issued at Par ($1,000) with a coupon or fixed rate of interest. The price or market value will fluctuate above or below par depending on the coupon rate and whether interest rates are rising or falling. T -Notes mature at par. Treasury Bonds (T- Bonds) are initially issued by the auction process with thirty year maturities and have characteristics similar to T- Notes. B. United States Government Agencies United States Government agencies include the Federal Farm Credit Bank System (FFCB), the Federal Home Loan Bank (FHLB), the Federal Home Loan Mortgage Corporation (FHLMC), and the Federal National Mortgage Association (FNMA). Government agencies issue debt in the form of discount notes, much like T- Bills, and notes and bonds similar to T -Notes and T- Bonds. While agency debt is not a direct obligation of the U.S. government, it is rated AA. At the time of purchase no more than 20 % ** of the portfolio may be invested in any single agency name. Maturities are limited to five* years from settlement date. C. Bankers Acceptance Bankers Acceptance (BA) is a time draft or bill of exchange, issued from a letter of credit, and is normally used to finance international trade. When the accepting bank stamps "accepted" on the draft the bank guarantees payment of the draft at a specified future date and thereby creates an acceptance. BA's are considered extremely safe in that there has never been a default on a BA. BA's trade on a discount basis and may not exceed 180* days to maturity. No more than 10 % ** of the portfolio may be invested in BA's issued by any one bank. No more than 40 %* of the portfolio may be invested in this category. Eligible BA's are those issued by banks with a short term rating of the highest letter and number rating provided for by a nationally recognized statistical - rating organization. D. Commercial Paper Commercial Paper (CP) is a short -term promissory note. CP is sold on a discount basis. The maximum maturity is 270 days with most issued in the 30 -50 day 11/18/15 CC AGENDA PACKET FAG 77 maturity range. Eligible CP is "prime" quality of the highest letter and number rating provided for by a nationally recognized statistical - rating organization. CP is issued by domestic corporations having assets in excess of $500 million and having an A or higher rating on its debt, other than CP, as provided by Standard and Poor's or Moody's. Purchases of eligible CP may not exceed 270* days to maturity. No more than 10 %* of the portfolio may be invested in CP issued by any one corporation. No more than 25 %* of the portfolio may be invested in this category. E. Repurchase Agreements Repurchase Agreements, commonly called Repos, consist of two simultaneous transactions. One is the purchase of securities by an investor (City of Bakersfield) from a bank or dealer. The other is the commitment by the bank or dealer to repurchase the securities at the same price plus interest at some mutually agreed future date. Normally the securities are U.S. Treasury notes or bonds and are held by a Federal Reserve Bank. Repos can be done with banks or dealers with which the City has entered into a master repurchase contract that specifies terms and conditions of repurchase agreements. The maturity of Repos shall not exceed 90 ** days. No more than 30 % ** of the portfolio may be invested in this category. F. Local Agency Investment Fund Local Agency Investment Fund (LAIF) is a State of California managed investment pool for local agencies within the State. Investments may be up to the maximum permitted by State Law or 40 % ** of the portfolio whichever is less. The maximum amount of deposit in any one account is $50 million. Due diligence will be exercised in monitoring the performance of LAW on a continual basis. G. Time Certificates of Deposit Time Certificates of Deposit (TCD's) are similar to a savings certificate that anyone can purchase at a bank where there is a fixed rate of interest and a specified maturity date. In the public funds area, TCD's are collateralized in accordance with California Government Code and are non - negotiable. At the time of purchase no more than 10 % ** of the portfolio may be in TCD's of any one institution. Maturity is limited to five* years. No more than 40 % ** of the portfolio may be invested in this category. Section 53652 of the California Government Code also specifies that the City will have a deposit contract with each depository. H. Public Agency Savings Account - Demand Deposits no 11/18/15 CC A GENDA PACKET FAG 78 Public Agency Savings Account - Demand Deposits are similar to a savings account that anyone can open at a bank. The interest rate is specified at the time of deposit, but is subject to change. All funds can be withdrawn on demand. Like public TCD's, public agency savings accounts are collateralized in accordance with California Government Code requirements. No more than 30 % ** of the portfolio may be invested in this category. I. Mutual Funds Mutual Funds are money market funds meeting criteria prescribed in California Government Code Section 53601 and related legislation. Investment in this category is limited to funds that invest in U.S. Government Securities and maintain a net asset value of one (daily liquidity). The purchase price of shares shall not include any commission that these companies may charge. No more than 10 %* of the portfolio may be invested in the shares of any one mutual fund. No more than 20 %* of the portfolio may be invested in this category. Due diligence will be exercised in the selection and performance monitoring of mutual funds on a continual basis. City of Bakersfield Summary Of Maximum Percent and Term Limitations By Investment Type: U.S. Treasury Bills, Notes and Bonds U.S. Government Agency Obligations Bankers Acceptances(l) Commercial Paper(3) Repurchase Agreements Local Agency Investment Fund Time Certificates of Deposit Public Agency Demand Accounts Mutual Funds Percent Term 0 to 100% 5 Years 20% per agency 5 Years 40 %(2) 180 Days 25 %(2) 270 Days 30% 90 Days 40% N/A 40 %(2) 5 Years 30% N/A 20 %(2) N/A (1) Short -term debt rating of the highest letter and number rating provided for by a nationally recognized statistical - rating organization. (2) No more than 10% of the portfolio may be invested in any one entity from these categories. (3) Highest letter and number rating provided for by a nationally recognized statistical - rating organization. Should any investment percentage and portfolio limitation be exceeded due to the unexpected fluctuation in portfolio size, the affected securities may be held to avoid losses. When market values are such that no loss is indicated, the City Treasurer shall consider restructuring the 7 11/18/15 CC A GENDA PACKET FAG 79 portfolio basing the decision in part on the expected length of time the portfolio will be imbalanced. Any State of California legislative action that further restricts allowable maturities, investment type or percentage allocations, will be incorporated into this Investment Policy and supersede any and all previous applicable language. IX UNAUTHORIZED INVESTMENTS Ineligible investments are those that are not described herein, including but not limited to, negotiable time certificates of deposit, non - government agency medium term corporate notes and reverse repurchase agreements. X INVESTMENT PORTFOLIO REVIEW The securities held by the City must be in compliance witli Section VIII Authorized & Suitable Investments at the time of purchase. The City Treasurer shall review the portfolio quarterly to identify any securities that are no longer in compliance. The City Treasurer shall establish procedures to report to the Finance Director and City Council, should one exist, any major and critical incidence of noncompliance identified through the review of the portfolio. XI INVESTMENT FOOLS / MUTUAL FUNDS XII COLLATERALIZATION Collateralization will be required on two types of investments, time certificates of deposit and repurchase agreements. Investment in time certificates of deposit shall be insured up to $250,000 by the Federal Deposit Insurance Corporation (FDIC). Investments in time certificates of deposit in excess of $250,000 shall be properly collateralized. When a depository pledges government securities as collateral, section 53652 of the California Government Code requires 11118115 CC A EN A PACKET FAG the securities to have a market value of at least 10% in excess of the City's deposit or 50% in excess of the City's deposit when mortgages are pledged as collateral. Repo collateralization will be at least 102% of market value of principal and accrued interest. Investments held witli Third Parties holding collateral for the investment sliall be properly collateralized in accordance witli collateralization requirements of the California Government Code. XIII SAFEKEEPING AND CUSTODY Upon purchase or maturity of investment securities, standing settlement instructions are provided to the servicing banks and broker/dealers involved in the transactions. Adherence to those standing settlement instructions ensures accurate and timely settlement of investment security transactions. Standing settlement instructions are restricted in nature, ensuring investment settlements are within established guidelines. XIV DIVERSIFICATION To reduce credit and market risk in the overall portfolio, the City will diversify its investments by security type, maturity date and issuer. With the exception of U.S. Treasury securities, diversification is also achieved by the portfolio percentages and maturity limitations indicated in the Authorized & Suitable Investments section of this policy. XV MAXIMUM MATURITIES To the extent possible, and within the five year maximum maturity required by California Government Code, the City of Bakersfield will attempt to match investment maturities with anticipated cash flow requirements. As required by California Government Code Section 53601, any investment term longer than five years requires express authority by the City Council to make that investment. This authority must be granted no less than three months prior to making the investment. Investments with terms longer than five years will be limited to the lesser of $ 10 million or 10% of the portfolio at the time the investment is made. I 11118115 CCAGENDA PACKET FAG 81 XVI INTERNAL CONTROL Investment transactions are reviewed by the City's external auditor as part of the annual audit. This review verifies compliance with the City of Bakersfield Investment Policy and the California Government Code. XVII PERFORMANCE STANDARDS The cash management system is designed to accurately monitor and forecast expenditures and revenues, thus ensuring the investment of monies to the fullest extent possible, including the estimated float for the Active Account and the Payroll Account. The City attempts to obtain the highest interest yields possible as long as investments meet the criteria required for safety and liquidity, do not exceed a term of five years (unless otherwise authorized by the City Council) and are within portfolio percentage limitations. The City strives to maintain the level of investment of all funds as near 100% as possible through daily and projected cash flow determinations. The basic premise underlying the City of Bakersfield Investment Policy is, and will continue to be, to ensure that the money is always safe and available when needed. Because the investment portfolio is designed to operate on a "hold -to- maturity" premise (or passive investment style) and because of the safety, liquidity, and yield priorities, the benchmark that will be used by the City Treasurer to determine whether market yields are being achieved shall be the yield on the U.S. Treasury Bill or Note maturing closest to the weighted average maturity of the City's overall portfolio. XVIII REPORTING The City Treasurer shall provide the City Council monthly investment reports which provide a clear picture of the status of the current investment portfolio. The Monthly Investment Report shall include the following: • A listing of individual securities held at the end of the reporting period by authorized investment category • Final maturity of all investments listed • Coupon, discount or earnings rate • Par value and market value • Transactions completed during the month • Percentage of the portfolio represented by each investment category A statement of compliance witli the Investment Policy 10 11/18/15 CC A GENDA PACKET FAG 82 A statement denoting the ability to meet the pool's expenditure requirements for the next six months, or an explanation as to why sufficient money shall, or may, not be available XIX INVESTMENT POLICY ADOPTION XX INDEMNIFICATION OF INVESTMENT OFFICIALS The standard of care to be used by investment officials shall be the "prudent investor" standard and shall be applied in the context of managing the overall portfolio. The City Treasurer and his designees' acting in accordance with established procedures and the City of Bakersfield Investment Policy and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and appropriate action is taken to control adverse developments. XXI GLOSSARY 11 11/18/15 CC ACEN A PACKET FCC 83 12 11/18/15 CC A GENDA PACKET FAG 13 11/18/15 CC A GENDA PACKET FAG 85 ADMINISTRATIVE REPORT 1{ MEETING DATE: 11/18/2015 Consent -Resolutions e. TO: Honorable Mayor and City Council FROM: Nick Fidler, Director of Public Works DATE: 10/27/2015 VI %\N13 SUBJECT: Resolution determining that certain Caterpillar Incorporated equipment parts cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, and purchase Caterpillar Incorporated equipment parts through Quinn Company, not to exceed $519,000 for a three -year term. STAFF RECOMMENDATION: Staff recommends the adoption of the resolution. BACKGROUND: The City's active fleet currently includes 36 pieces of Caterpillar Incorporated equipment of various models and classifications, with manufactured dates ranging from 1976 to 2012. The models of Caterpillar Incorporated equipment used by the City ranges from heavy equipment to generators; therefore, the normal life expectancy for Caterpillar equipment also vary by equipment type. However, as is evident from the date ranges, Caterpillar Incorporated equipment have been an active part of the City's fleet for a considerable amount of time largely because of proper maintenance and periodic part replacements. Parts required for repairs of Caterpillar Incorporated equipment must be acquired from the manufacturer through an authorized local distributor. The only authorized local distributor for Caterpillar Incorporated equipment parts is Quinn Company, and as such, all part purchases for these specific pieces of equipment must be obtained through this authorized distributor. Therefore, staff recommends adoption of this sole source resolution since only one vendor, Quinn Company, is the authorized local distributor for parts for Caterpillar Incorporated equipment. The 36 pieces of Caterpillar Incorporated equipment currently utilized by the City serve essential functions to the using divisions. Whenever a piece of this equipment is down for repairs or maintenance, long delays can hinder user productivity. Consequently, it is essential for parts to be obtained in an expedient manner in order to place equipment back into service quickly. Based on historical and projected use of Caterpillar repair parts, staff anticipates $519,000 is needed to cover costs over a three -year term. Sufficient funds are budgeted within the Equipment Management Fund to cover costs associated with this resolution. ATTACHMENTS: 11118115 CC AGENDA PACKET FAG 86 Description Type Quinn Company Sole Source Resolution F�esoklfiblrl Sole Source Letter from Quinn BaCkUa P IMateirl4 � 11118115 CCAGENDA PACKET FAG 87 RESOLUTION NO. A RESOLUTION DETERMINING THAT CERTAIN CATERPILLAR INCORPORATED EQUIPMENT PARTS CANNOT BE REASONABLY OBTAINED THROUGH THE USUAL BIDDING PROCEDURES AND AUTHORIZING THE FINANCE DIRECTOR TO DISPENSE WITH BIDDING THEREFORE, AND PURCHASE CATERPILLAR INCORPORATED EQUIPMENT PARTS THROUGH QUINN COMPANY, NOT TO EXCEED $519,000 FOR A THREE -YEAR TERM. WHEREAS, CITY is in need of new and replacement Caterpillar Incorporated equipment parts; and WHEREAS, City currently has 36 pieces of Caterpillar Incorporated equipment in service as part of the City's active fleet; and WHEREAS, the parts necessary to maintain and repair the Caterpillar Incorporated equipment can only be obtained through a Caterpillar Incorporated distributor; and WHEREAS, Caterpillar Incorporated equipment parts can only be acquired through the local authorized distributor, Quinn Company, and WHEREAS, it is necessary to purchase Caterpillar Incorporated equipment parts because of the inability to interchange any other part manufactured by another company. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: The above recitals are true and correct and incorporated herein by reference. 2. As the sole local distributor, the equipment can only be reasonably obtained from one vendor, Quinn Company, because of the need to successfully repair such equipment that is already in operation within the City system. 3. The Finance Director is authorized to dispense with bidding in accordance with Section 3.20.060 of the Bakersfield Municipal Code. 4. The expenditure of funds for said parts shall not exceed Five Hundred Nineteen Thousand Dollars ($519,000) over the course of a three -year term. -- Page 1 of 2 Pages -- 11/18/15 CC ACEN A PACKET FCC 88 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: NOES: ABSTAIN ABSENT: COUNCIL MEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA H. RUDNICK DEPUTY CITY ATTORNEY ROBERTA GAFFORD, CMC CITY CLERK AND EX OFFICIO CLERK of the Council of the City of Bakersfield -- Page 2 of 2 Pages -- 11/1$/15 CC ACEN A PACKET FCC 89 1 1101 WMEE= Pmt Offi�x Box, /89 I us Angt,,les, (,aHnmia -,U)22 '032 40W le! October 29, 2015 City of Bakersfield, Fleet Division, Attn: Heather Mayberry 4101, TrUXtUn, Avenue Bakersfield, Ca 93309 Dear Heather, Thus letter is to confirm that Quinn Company is the oNy Authorized Caterpiller Dealer and proOder of equIlonnent, parts, and service within Kern COUnty, If you need any additional information please feel free to contact me directly Sincer6y, Eric Greene Region Manager Im 11/18/15 CC AGENDA PACKET PG 9 0 ADMINISTRATIVE REPORT 1{ MEETING DATE: 11/18/2015 Consent -Resolutions f. TO: Honorable Mayor and City Council FROM: Nick Fidler, Director of Public Works DATE: 10/28/2015 VI %\N13 SUBJECT: Resolution determining that certain BearCat equipment parts cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding therefore, and purchase BearCat equipment parts through BearCat Manufacturing, not to exceed $30,000 for a three -year term. STAFF RECOMMENDATION: Staff recommends the adoption of the resolution. BACKGROUND: The City's active fleet currently includes three pieces of BearCat Manufacturing equipment — a cab and chassis for a 1996 Ford LNT9000 and two 2013 BearCat BK250D. The two BK250Ds have a normal life expectancy of 12 years and the cab and chassis has a normal life expectancy of 17 years. However, due to proper maintenance and periodic part replacements, the life expectancy is often extended, as is the case with the cab & chassis, which is at a total life to date of 19 years. Parts required for repairs of BearCat Manufacturing equipment must be acquired directly from the manufacturer. BearCat Manufacturing does not have any authorized distributors for their equipment parts, and as such, all part purchases for these specific pieces of equipment must be obtained through the manufacturer. Therefore, staff recommends adoption of this sole source resolution since only the manufacturer, BearCat Manufacturing, is authorized to distribute parts for its equipment. Based on historical and projected use of BearCat Manufacturing repair parts, staff anticipates $30,000 is needed to cover costs over a three -year term. Sufficient funds are budgeted within the Equipment Management Fund to cover costs associated with this resolution. ATTACHMENTS: Description D BearCat Sole Source Resolution BearCat Sole Source Letter Type 1=�esoIklfi lrl C:3aCIl Ua p 11Mateid4l 11/18/15 CC AGENDA PACKET FAG 91 RESOLUTION NO. A RESOLUTION DETERMINING THAT CERTAIN BEARCAT EQUIPMENT PARTS CANNOT BE REASONABLY OBTAINED THROUGH THE USUAL BIDDING PROCEDURES AND AUTHORIZING THE FINANCE DIRECTOR TO DISPENSE WITH BIDDING THEREFORE, AND PURCHASE BEARCAT EQUIPMENT PARTS THROUGH BEARCAT MANUFACTURING, NOT TO EXCEED $30,000 FOR A THREE -YEAR TERM. WHEREAS, CITY is in need of new and replacement BearCat Manufacturing equipment parts; and WHEREAS, City currently has 3 pieces of BearCat Manufacturing equipment in service as part of the City's active fleet; and WHEREAS, BearCat Manufacturing does not have any authorized distributors for its parts, and WHEREAS, the parts necessary to maintain and repair the BearCat Manufacturing equipment can only be obtained through the manufacturer; and WHEREAS, it is necessary to purchase BearCat Manufacturing equipment parts because of the inability to interchange certain parts manufactured by any other company, and because the use of certain other parts by alternate manufacturers will void any implied warranty by the manufacturer. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. As the sole distributor, the equipment can only be reasonably obtained from the manufacturer, BearCat Manufacturing, because of the need to successfully repair such equipment that are already in operation within the City system. 3. The Finance Director is authorized to dispense with bidding in accordance with Section 3.20.060 of the Bakersfield Municipal Code. 4. The expenditure of funds for said parts shall not exceed Thirty Thousand Dollars ($30,000) over the course of a three -year term. -- Page 1 of 2 Pages -- 11/18/15 CC ACEN A PACKET FCC 92 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: NOES: ABSTAIN ABSENT: COUNCIL MEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA H. RUDNICK DEPUTY CITY ATTORNEY ROBERTA GAFFORD, CMC CITY CLERK AND EX OFFICIO CLERK of the Council of the City of Bakersfield -- Page 2 of 2 Pages -- 11/1$/15 CC ACEN A PACKET FCC 93 3650 Sabin Brown Road Wickenburg, Arizona 85390 7" Phone: 928-684-7851 BearCat mfg. Fax: 928-684-5876 07/07/15 To Whom It May Concern: This is to inform you that BearCat Manufacturing, Inc located at 3650 Sabin Brown Rd. Wickenburg, AZ 85390, is the sole source for parts, service, warranty and training for: BearCat Asphalt Distributors BearCat Chip Spreaders BearCat Track Sealers. The use of any other source/vendors will void any implied warranty. Michael J. McCarty/Customer Service Mgr. BearCat Manufacturing, Inc 3650 Sabin Brown Rd. Wickenburg, AZ 85390 928-684-7851 ph 928-684-2846 fax e-mail 11118115 CC AGENDA PACKET FAG 94 ADMINISTRATIVE REPORT 1{ MEETING DATE: 11/18/2015 CONSENT -Resolutions g. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 11/4/2015 WARD: Ward 2 SUBJECT: Resolution determining that a replacement Zamboni® model 546 ice resurfacing machine cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed $115,000. STAFF RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: A Zamboni® model 500, originally purchased in 1999 for the Rabobank Arena, is in need of replacement. The unit has become unreliable and repairs are costly. This unit is scheduled for normal replacement through our fleet management replacement program and was budgeted for replacement in the current fiscal year. The City has standardized using Zamboni® brand ice resurfacing machines and staff is fully trained on the repair and maintenance of these specialized units. In addition, the manufacturer is located in southern California and can provide parts and /or service the same day, if necessary. Frank J. Zamboni & Co., Inc., the manufacturer, is the sole provider of Zamboni® equipment. Staff is recommending adoption of the Resolution to dispense with bidding for the purchase of a replacement Zamboni® ice resurfacing machine to be purchased from Frank J. Zamboni & Co., Inc. not to exceed $115,000. Funds for the purchase of a Zamboni® model 546 ice resurfacing machine are budgeted in the Equipment Management Fund. ATTACHMENTS: Description Type D Resolution 1=�esollautblrl 11118115 CC AGENDA PACKET FAG 95 RESOLUTION NO. A RESOLUTION DETERMINING THAT A ZAMBONI® ICE RESURFACING MACHINE, CANNOT BE REASONABLY OBTAINED THROUGH THE USUAL BIDDING PROCEDURES AND AUTHORIZING THE FINANCE DIRECTOR TO DISPENSE WITH BIDDING THEREFOR AND PURCHASE A ZAMBONI® 546 MODEL FROM THE MANUFACTURER, FRANK J. ZAMBONI & CO., INC., NOT TO EXCEED $115,000. WHEREAS, the City of Bakersfield needs to purchase an additional Zamboni® ice resurfacing machine; and WHEREAS, the Rabobank Arena currently has in place and has received training in the use of Zamboni® ice resurfacing machines; and WHEREAS, Zamboni® ice resurfacing machines can only be acquired through the manufacturer, Frank J. Zamboni & Co., Inc.; and WHEREAS, the City Manager recommends the Council find that said a Zamboni® ice resurfacing machine can only be reasonably obtained from Frank J. Zamboni & Co., Inc. and has recommended that the Council authorize dispensing with bidding requirements in accordance with subsection D.2 of Section 3.20.060 of the Bakersfield Municipal Code. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. The Council hereby finds that the purchase of a Zamboni® ice resurfacing machine can only be reasonably obtained from the manufacturer, Frank J. Zamboni & Co., Inc. for the reasons set forth above. 3. The Finance Director is authorized to dispense with bidding therefor in accordance with Subsection D.2 of Section 3.20.060 of the Bakersfield Municipal Code and to negotiate the purchase of same, not to exceed $115,000. NNERIM CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \A6030838 -6BF0- 4825 -B9A6- FA45C445DEAE\ PDFConvert .4077.1.Zamboni_Dispense_with Bidding_Resolution_Novem ber_18_2015.docx Page 1 of 2 Pages 11/18/15 CC AGENDA PA CET PG 9 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: APPROVED HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney IS RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER JOSHUA H RUDNICK Deputy City Attorney CITY CLERK AND EX OFFICIO of the Council of the City of Bakersfield C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \A6030838 -6BF0- 4825 -B9A6- FA45C445DEAE\ PDFConvert .4077.1.Zamboni_Dispense_with Bidding_Resolution_Novem ber_18_2015.docx Page 2 of 2 Pages 11/18/15 CC AGENDA PA CKET PG 97 ADMINISTRATIVE REPORT 1{ MEETING DATE: 11/18/2015 Consent -Resolutions h. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/26/2015 WARD: Ward 7 SUBJECT: Sewer connection fee assessment for 3716 Harris Road: 1. Resolution confirming assessment for sewer connection and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Maximiliano Saldana and Liliana J. Gonzalez to pay sewer connection fees through the Kern County Tax Collector. STAFF RECOMMENDATION: Staff recommends adoption of Resolution and approval of Agreement. BACKGROUND: The owners of the property at 3716 Harris Road desire to connect the property to the City sewer system. The property owners claim that to pay the sewer connection fee in one payment would produce an economic hardship. To assist in paying the connection fee, the City has contracted with the property owner to spread the connection fee over an eight year period to be collected with their property taxes in accordance with Municipal Code Section 14.12.030, 14.12.390, and 16.32.060. Ordinance No. 4433 dated May 23, 2007, authorizes the Kern County Tax Collector to collect the connection fee in eight equal payments over the next eight years. ATTACHMENTS: Description Resolution for 3716 Harris Road Sewer Assessment Agreement for 3716 Harris Road Sewer Assessment Type 1=�esoIklfi lrl Agreement 11118115 CC AGENDA PACKET FAG 98 D 0 1 110 0 0 0 0 0 A WHEREAS, the owner of the property as set forth in Exhibit 'A" located within the City of Bakersfield, will connect their property to the City sewer system; and WHEREAS, the City finds that to pay the cost of the sewer connection fee in one payment WOUld produce an economic hardship on the property owner, and WHEREAS, to assist the property owner in paying the sewer connection fee the City has agreed to spread the cost of the fee over an eight year period, and WHEREAS, the property owner (set forth in Exhibit "A") has entered into an agreement with the City to pay the cost of the connection fee through their property taxes over the next eight years. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The foregoing recitals are true and correct and' are incorporated herein. Z The City Council hereby confirms and approves, the ind:ividual assessments for sewer connection tee set forth In Exhibit "A", 3. The Kern County Tax Collector is hereby auithorized to collect the assessment for sewer connection fee to be collected in eight equal payments over the next eight years, 4. The provisions of Proposition 218 do not apply as the sewer connection fee cost was imposed at the written request of the property owner, --------- 000-.--------- 11/18/15 CC A GEN PACKET PG 99 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote; AYES ('-()1-JNC1LMEMBFR [dVFRA, MAXW11 1. WER, SMITI-i, HANS(W SULLIVAN, PARI nFR NOE& COUNCAMEMBER ABSIAK COUNCILMMI'R ABSENT: COUNCHMFMBER ROBERTA GAFFORD, CMC CITY CLERK and Ex Off icio Clerk of the Council! of the Ci-ty of Bakersfield APPROVED HARVEY L. HALL MAYOR of the City of Bakersfield By: ANDREW HEGLUND Deputy City Attorney ll Attachment: Exhibit "A" Res\ 3716 Harris R,(,.A 11118115 CCAGENDA PACKET FAG 100 Property Owner and Individual Assessment ATN: 371-143-111-00-9 Maximilicino SaIdana and Liiianc,J, Gonzalez Sewer Connection Fee $4,000,00 M dfi n g Ad d rgss Maximiliano Saldana and Uhana I Gonzalez 3716 Harris Road Bakersfield, California 93313 11118115 CCAGENDA PACKET FAG 1 01 SPECIAL ASSESSMENT LIEN THIS AGREEMENT is made and entered into on 2015 by and between the CITY OF BAKERSFIELD, a Charter city and municlpal corporation ("CITY") herein, and MAXIMILIANO SALDANA AND LILIANA J. GONZALEZ ("(PROPERTY OWNER") herein. RECITALS WHEREAS, PROPERTY OWNER wishes to connect to the City sewer; and WHEREAS, CITY agrees to allow PROPERTY OWNER to pay the sewer connection fee by installment and PROPERTY OWNER agrees that the sewer connection fee will be placed on the property tax rolls for collection and placed as a special assessment lien thereon, NOW, THEREFORE, incorporating the foregoing recitals herein, the parties agree as followsa I. LOCATION OF PROPERTY. PROPERTY OWNER owns a single-family residence located at 3716 Harris Road, (ATN 371-143-111-010-9) within the city limits of the CITY. 2. SEWER CONNECTION FEE. The sewer connection fee payable to the CITY shall be in the amount of four thousand dollars ($4,0010,00), PROPERTY OWNER hereby requests, and' CITY agrees to allow PROPERTY OWNER to pay the sewer connection fee by installment as provided for herein, PROPERTY OWNER also agrees to indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all Ilabflify, claims, actions, causes of action or demands whatsoever against them, or any of them, arising out of, connected with or in any way arising from, the terms and provisions of this Agreement. 3. ECONOMIC HARDSHIP, PROPERTY OWNER represents and the City hereby finds that to pay the cost of the sewer connection fee in one payment would produce an economic hardship on PROPERTY OWNER. 4. PAYMENT. PROPERTY OWNER agrees to pay the sewer connection fee in eight equal annual installments of $5001,00, each of which shall be placed on the tax assessment rdlls, the first payment to be due and payable an the next Kern County Assessors tax bill. 11/18/15 CC A GEN PACKET PG 1 02 S. CONSENT FOR SPECIAL ASSESSMENT LIEN PLACEMENT ON PROPERTY. PROPERTY OWNER further agrees, and consents to the CITY, placing a special assessment lien on the above property for the amount of the sewer connection fee which will remain until such time as PROPERTY OWNER pay off the total sewer connection fees. 6. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, fhe parties, to the Agreement and their heirs, administrators, executors, personal representatives,, successors and assigns, 7. EXECUTION. This Agreement is effective upon execution, It is the product of negoflaflon and all parties are equally ires,ponslble for authorship of this Agreement. Sectlon 1654 of the California Civil Code shall not apply to the linterpretatlion of fhis Agreement. 8. NIOTICES. All notices relative to this Agreement shall Ide given in writing and shall be personally served or sent by certified or regllsfered mail and be effective upon actual personal service or depositing in the United States mail, The parties shall Lae addressed as follows, or at any other address designated by notice� CITY: CITY OF BAKERS FIELD City Hall 1600 Truxtun Avenue Bakersfield, California 93301 PROPERTY OWNER: Maximiliano Saldana and I-Mana J. Gonzalez 37'1 6 Harris Road Bakersfield, California 93313 - 2 11/18/15 CC A GEN PACKET PG 1 03 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written, ,,0TY11 CITY OF BAKERSFIELD Is HARVEY L. HALL, Mayor APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT 0-15 NICK FIDLER, Public Works Director m 0 ANDREW HEGLUIND Deputy City Attorney NELSON SMITH Finance Director "PROPERTY OWNER" MAXIMILIANO SALDANA AND L,ILIAN�A J. GONZALEZ BY: 'LILIANA J. S:\PROJE('T$\S--werC.onFee\agrm erits1371e) I bais R'd AGR,MF.doc -3- =29 11/18/15 CC A GEN PACKET PG 104 CALIFORNIA AL -PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of A I J� "q I jy On before me, —A -L-111 —I sate Here Insert Name and Title of the Officer personally appeared /A, A am (s of Signer(sj' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, GH BEHL MAN'PR,EET SINGH BE14L 2002739 COrnmissiM 0 2002739 Signature NOWY Public - Californis K@," C,,un,, Signature qVIVotary Public M COmm . Ex Ifts Jon 28, 22017 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached E. T enit / " '//'Icr�' 'Title or Type of Document g 6 Document Date: :1:4— Number of Pages: _Z/'I &gner(s) Other Than Named Above: . ..... —' Capacity(ies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): . . ..... . . . .... Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other,... Signer Is Representing: . ..... .. . Signer's Name: Corporate Officeir — Title(s).- Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: '<4 @2014 National Notary Association - www.NatioinaiNotary.org • 1-800 -UlS NOTARY (1 -800- 676 -6627) Itern #59,07 11/18/15 CC A GEN PACKET PG 1 05 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 11189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Name(s) of Signer(s) who proved to me an the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS MV hand and officials aI 6`— CALAN KAm, ySKY 0 on. rj� Comm. P19�98534 �.fL Signature LU ota ulic NOtarYouuhc - California A Signature of Notary lic Lo ry PU 5 g�jes C i�� An aunty Comm. Expires Doc 15,2 16 Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Docj%ent Title or Type of Document: Document Date: Number of Pages: Signeir(s) Other Than Named Above., - ------ Capacity(ies) Clainned by Signer(s) Signer's Name: . .. .... Corporate Officer — Titles )�� Partner — Limited General Individual Attorney in Fact Trustee Guardian or Conservator Other.- Signer Is Representing: Signer's Name: Corporate Officer — Tifle(s): Partner — Limited General Individual Attorney in Fact Trustee Guardian, or Conservator Other: Signer Its Representing: , ? ", �x Q PQ r� '- . �, r 4 PC> KIXZKY "N' Pr 002014 National Notary Association • www.NationalNotary.org - 1-800-US NOTARY (1 -8010- 876 -6827) Item #5907 11118115 CCAGENDA PACKET FAG 1 06 ADMINISTRATIVE REPORT 1{ MEETING DATE: 11/18/2015 Consent -Resolutions i. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/30/2015 SUBJECT: Resolution of Intention (ROI) No. 1860 to add Area 2 -63 (4800 & 4801 Akers Road) to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report. STAFF RECOMMENDATION: Staff recommends adopting the Resolution of Intention. BACKGROUND: A written request has been received by the City Engineer from the owner(s) of the parcels to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District will provide for the maintenance of a public park and street landscaping. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. Staff is recommending the new territory be added to the Consolidated Maintenance District at the next regularly scheduled City Council meeting. The City has received a letter from the owner(s) of the properties described above, which waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor - Recorder's Office upon approval of this Resolution. ATTACHMENTS: Description ROI #1860 adding Area 2 -63 to the CMD MD 2 -63 Exhibit 1 MD 2 -63 Exhibit A Type 1Rcw; oIklfi&rl Exlh li Ike lit Exlh li Ike lit 11118115 CC AGENDA PACKET FAG 107 D MD 2-63 Exhibit B Ezhib�t D MD 2-63 Exhibit Ezhib�t D MD 2-83 Exhibit D Ezhib�t D MD 2-83 Exhibit E Ezhib�t D MD 2-83 Exhibit F Ezhib�t 1//18/15 CCAGENDA PACKET'PG 108 RESOLUTION OF INTENTION NO. 1860 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 2 -63 (4800 AND 4801 AKERS ROAD) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 6) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and /or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 2 -63 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit "l," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A "; S:VROJECTS\MAINDIST \Formation Documents \MD 2- 63 \R0I 1860 EST CMD.docx Page 1 of 3 11118115 CC ACEN A PACKET FCC 109 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; c) The benefit formula attached hereto as Exhibit "C "; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F"; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. S:VROJECTS\MAINDIST \Formation Documents \MD 2- 63 \R0I 1860 EST CMD.docx Page 2 of 3 11/18/15 CC ACEN A PACKET FCC 11 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S:\PROJECTS\MAINDIST \Formation Documents \MD 2- 63 \ROI 1860 EST CMD.docx Page 3 of 3 11/18/15 CC ACEN A PACKET FCC 111 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 2 -63 Fiscal Year 2015 -2016 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 4800 and 4801 Akers Road and as specifically shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price S:\PROJECTS\MAINDIST \Formation Documents \MD 2 -63 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 11/18/15 CC ACEN A PACKET FCC 112 Index. However, parcels will not be assessed until park and /or street landscaping have been installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2015 -2016 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Public Works Director City of Bakersfield S:\PROJECTS\MAINDIST \Formation Documents \MD 2 -63 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 11/18/15 CC ACEN A PACKET FCC 113 LEGAL DESCRIPTION Area 2 -63 An area located in Section 14, Township 30, Range 27 M.D.B. & M., more particularly described as follows: S P R 15 -0078 AND 15 -0049 4800, 4801 AKERS ROAD Bakersfield California Containing: 59.49 Acres, more or less. i *AV :ii:1111r_1 11/18/15 CC ACEN A PACKET FCC 11 EXHIBIT "B' I 11118115CCAGENDAPACKETPb 115 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their tax roll. Total Assessment $_ ((Park Rate x Park Tier) x EDU)) + ((Street Rate x Street Tier) x EDU) + (County Fee) Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 max. R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S- l 0A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 11/18/15 CC A GENDA AA �W ET T 116 MAINTENANCE DISTRICT AREA 2 -63 Said assessment is made in accordance with the benefit formula attached hereto. 2015 -2016 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D 11/18/15 GG AGEN A PACKET FAG 117 Assessor's Tax No. 404 - 010 -46 -001 Total Date: MAINTENANCE DISTRICT AREA 2 -63 ASSESSMENT ROLL FISCAL YEAR 2015 -2016 Total amount to be collected for FY (2015 -2016) $0.00 0 $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 11/18/15 CC ACEN A PACKET FCC 118 Inclusion of a Subdivision into the Consolidated Maintenance District Akers LLC 14039 Sherman way suite 201 Van Nuys Ca 91405 9-25-2015 City of Bakersfield - Public Works Department Attn: Marian P. Shaw 1:600 Truxtun A-venue Bakersfield, California 93301 Dear Mrs. Shaw: -1791 RE: Inclusion of Tract Map in a Consolidated Maintenance District (CMD) AN. We, the undersigned, as owners of the property included within Tract Map hereby request that the property be included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $ 850 as required by the City to cover the costs of this inclusion into the CMD. If requested, our engineer will supply you with a computer disk copy of the map for your use. We understand that under Proposition 218 and Government Code section 53753 ("applicable law"), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for -1 2015 at 5:15 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. Respectfully, ��Aw�l shawn bidsal manager akers 11c EXHIBIT F 11/18/15 CC A GEN PACKET PG 119 ADMINISTRATIVE REPORT 1{ MEETING DATE: 11/18/2015 Consent -Agreements j. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 11/3/2015 A%\N13 SUBJECT: Public Works Mutual Aid Agreement with various agencies for sharing resources during a declared emergency. STAFF RECOMMENDATION: Staff recommends approval of the Public Works Mutual Aid Agreement. BACKGROUND: In October 1989, the Public Works Mutual Aid Agreement (PWMAA) was executed by Los Angeles and Orange Counties to provide a means for public works agencies to receive and provide mutual aid quickly following a catastrophic disaster. The PWMAA was modeled on the fire and law mutual aid systems with the notable exceptions that the PWMAA requires a local emergency proclamation before assistance can be provided and the requesting agency pays all costs associated with assistance received. Staff believes that it is in the City's best interest to enter into the attached PWMAA, which directs the sharing of resources and outlines reimbursement procedures when public works emergency personnel, equipment, and facility assistance are provided between agencies during a disaster. Participation in the PWMAA is voluntary. An agency is not obligated to provide or deplete its own resources to provide assistance and should reasonably commit and utilize its own resources before requesting assistance. Throughout the State of California, 19 counties and 153 cities have become parties to this agreement. The County of Kern became a member in 1990, and the City of Taft is also a member agency. Becoming a party to the PWMAA would establish protocol to receive and /or provide reimbursable assistance during a major disaster (earthquake, flood, air pollution, fire, storm, explosion, transportation accident, hazardous material event, riot, etc.). If a request for assistance is made of the City, the City is under no contractual obligation to provide assistance. This protects the City from being required to provide assistance if the City's resources are inadequate or otherwise needed to address needs within the City. If the City provides assistance by contributing its public works resources, the City will be paid all direct, indirect, administrative, and contracted costs by the agency receiving the assistance. 11/18/15 CC AGENDA PACKET FAG 120 If the City needs assistance, a declaration of local emergency triggers ability to request assistance under the PWMAA. Agencies that provide aid will be reimbursed by the City. If the major disaster results in a state or federal emergency declaration, state and /or federal funds may be available to pay the costs the City would otherwise be required to pay under the PWMAA. To become a member agency, the City only needs to execute a duplicate copy of the PWMAA. The PWMAA requires an agency requesting assistance to indemnify the agency providing assistance from all liability, claims, losses, etc., arising under the PWMAA, that are caused by the acts or omissions of the agency requesting assistance. There are no fiscal impacts to the City by becoming party to the PWMAA. If a participating agency requests that the City provide resources and the City elects to assist, the agency requesting the assistance will pay all City costs as required by the PWMAA. There will be financial impacts to the City if the City requests and receives assistance from another participating agency. However, state and federal funds may be available to cover some or all of those costs if a state and /or local emergency is declared. ATTACHMENTS: Description Type Public Works Mutual Aid Agreement No. 62170 Exhlib t City of Bakersfield Signature Page Exhlib t 11/18/15 CC A GENDA PACKET FAG 121 • ..9 . �CIR .M�' THOMAS A. TIOEMANSON. DbMor October 19, 1989 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMdRA. CALIFORNIA 91803.1731 Telephone (1113) 458•S100 Honorable Board of Supervisors County of Los Angeles 383 Hall of Administration 500 West Temple Street Los Angeles, California 90012 Dear Supervisors: MULTI - COUNTY PUBLIC WORKS MUTUAL AID AGREEMENT ALL SUPERYISORIAL DISTRICTS RECOMMENDATIONS: That your Board: _ ADDRESS ALL CORRESPONDENCE TO: P.O. sox 1K0 ALHAMBRA. CALIFORNIA 91302.1"0 IN REPLY PLEASE RM -0 REFER TO FILE: e e a BOARL : COIJ.v �= rY 43 OCT 1 1989 =ABBY X MONTI:ILm CMQMK OFFICER 1. Approve the attached Agreement for Public Woks Mutual Aid between the County of Los Angeles and Orange County as initial signatories with a provision to allow other Counties, Cities and State agencies to become subsequent additional parties to the Agreement. 2. Instruct the Chairman of the Board to sign the.Agreement. Representatives of the Los Angeles County Department of Public Works have been workiftg.with representatives of other County and City Public Works Departments, the State Office of Emergency Services, the American Public Works Association, the League of California Cities and County Supervisors Association of California to develop a formal Mutual Aid Agreement for rendering Public Works Mutual Aid in disasters. Formal Mutual Aid Agreements already exist for the Fire Service, Law Enforcement and Coroner agencies throughout the State. It has been recognized that formal- ized Mutual Aid Agreements are also needed in the public works discipline which is heavily involved in major disasters. Because the need for Public Works Mutual Aid•occurs.less frequently than in fire and taw enforcement, reciprocal service is less likely within any reasonable time frame so a reimbursement pro- vision has been inclijded in the attached Agreement.-. The California Emergency Services Act sets forth in Title 2, Division 1, Chapter.7 (Section 8550-et seq.) of the Government Code and specifically Article ie (Section 8630 et seq.) of the Act the basis for Public Works Mutual Aid Agreements- authorization. 11/18/15 CC A GENDA PACKET FAG 122 Honorable Board of Supervisors Page 2 October 19, 1989 The attached Agreement is between Los Angeles County and Orange County as initial signatories. However, it has been endorsed by representatives of all of the Southern California Counties and the Region I State Office of Emergency Services and those agencies are expected to approve and also become signatories as provided under the terms of the Agreement. It is anticipated that many of the cities in these counties will also become parties to the Agreement. The Agreement is intended to be used only in major disasters when the available resources of any one County are not adequate to cope with the disaster and out- side public works resources are required. It is anticipated that in such a case, a.Local Emergency will have been declared and a State of Emergency will probably be requested. While the Agreement is primarily aimed at a catastrophic disaster such as a major earthquake, it could be used for any disaster such as a major flood. The basic provisions of the Agreement are•that rendering of mutual aid by any party is strictly voluntary so that the resources of the assisting - party are not unreasonably depleted by the rendering of such aid. The aid pro- vided by a party would be fully reimbursed by the party receiving the aid. (In a major disaster, most of this cost is likely to be reimbursed by the State and Federal Governments). The approval of this Agreement will be a major step in developing critical assistance to save lives and protect property of the citizens of this County and its Cities by.. allowing us to receive public works assistance from other Counties and Cities in Southern California and allowing us to provide assistance to them so they can do the same. Attached are three copies of the Agreement which have been reviewed and approved as to form by County Counsel. Upon approval, please return the two-copies marked "ORIGINAL' to this Department for processing together with four approved copies of this letter. The County File Copy is for your files until the fully executed County's Copy is returned to you,-at which time the County File Copy- should be conformed and forwarded -to the Auditor - Controller. Respectfully submitted, T. A. TIDEMAN N. J irector/of ublic Works - KEW:ad/8-BLAID Attach. cc:- CAD (Disaster Services) - ..11/18/1. CC A EN A PACKET FAG 123- s•- .•-�.-. .. .. �:— ..mac — .._....... _...= tr:•.- r..�_._�. - - - - - - - -� - �- -- -. BOARD OF SUPERVISORS ORANGE COUNTY, CALIFORNIA MINUTES January 9, 1990 PUBLIC WORKS MUTUAL AID AGREEMENT NO. 62170 WITH LOS ANGELES COUNTY: Environmental Management Agency requests approval of agreement for Public Works Mutual Aid. MOTION: On motion by Supervisor Vasquez, seconded by Supervisor Roth, the Board moved to: 1. Authorize execution of Mutual Aid Agreement No. 62170 with Los Angeles County as initial signator with provision for other counties, cities and State Agencies to-become subsequent additional parties. 2. Designate Environmental Management Agency Public Works Operations Manager as Coordinator for Orange County. MOTION UNANIMOUSLY CARRIED. 11118115 CC A EN A PACKET FAG 124 . ORIGINAL PUBLIC WORKS MUTUAL AID AGREEMENT This Mutual Aid Agreement ( "Agreement ") is made and entered into by those parties who have adopted and signed this Agreement. WHEREAS, the California Office of Emergency Services, the League of California Cities, the County Supervisors Association of California, and the American Public Works Association have expressed a mutual interest in the establishment of a plan to facilitate and encourage public works mutual aid agreements between political subdivisions throughout California; and WHEREAS, the parties hereto have determined that it would be in their best interests to enter into an agreement that implements that plan and sets forth procedures and the responsibilities of the parties whenever emergency personnel, equipment and facility assistance is provided from one party's Public Works Department to the other; and WHEREAS, no party should be in a position of depleting unreasonably its own resources, facilities, or services providing such mutual aid; and WHEREAS, such an agreement is in accord with the California Emergency Services Act set forth in Title 2, Division 1, Chapter 7 (Section 8550 et seq.) of the Government Code and specifically with Article 14 (Section 8630 et seq.) of the Act. NOW, THEREFORE, IN CONSIDERATION OF THE CONDITIONS AND COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. For this Agreement, the following terms shall be ascribed the following meanings: a. "Coordinator" shall mean the person designated by each party to act on behalf of that party on all matters relative to mutual aid, to include but not be limited to requests, responses, and reimbursement. b. "Local Emergency" shall mean the actual or threatened existence of conditions of disaster or extreme peril to the safety of persons or property within the territorial limits of one of the parties caused by human or natural conditions such as air pollution, fire, flood, storm, wind, earthquake, explosion, transportation accident, hazard- ous material problem, tsunami, sudden or severe energy shortage, epidemic, riot or other occurrences, other than conditions resulting from a labor controversy, which occurrences, or the immediate threat thereof, are likely to be beyond the control of the personnel, equipment, or facilities of that party to this Agreement and which personnel, equipment or facilities of the other party are therefore desired to combat. c. An "Operational Area" for the coordination of public works mutual aid shall normally be a County and all the jurisdictions within the County that are parties to this Agreement. A different public works opera- tional area may be established by the parties in some unique cases. 2. Coordinators designated by each party shall be designated by Title, Q Name, Address and Phone Number, and if said Coordinator changes, the other parties of the Agreement shall be notified in writing as soon as N practical after the appointment has been made through the Agreement Coordinator designated in Paragraph 18 hereinafter. 11118115 CC A EN A PACKET FAG 125■ 3. When a Local Emergency has been proclaimed by party's governing body or authorized official, the Coordinator may request assistance. 4. When request for assistance is received, the assisting Coordinator shall promptly advise of the extent of response, provide whatever personnel, equipment, and /or facilities as can be provided without jeopardizing the safety of persons or property within their jurisdiction. No party receiving a request for assistance shall be under any obligation to provide assistance or incur any liability for not complying with the request. 5. When the assisting Coordinator's personnel, equipment, and /or facil- ities are no longer required or when assisting Coordinator advises that the resources are required within their own jurisdiction, the requesting Coordinator shall immediately arrange for the return of those resources. 6. Requesting party shall be responsible for the safekeeping of the resources provided by the assisting party. Requesting Coordinator shall remain in charge of the incident or occurrence and shall provide control and direction to the resources provided by the assisting party. The request may include for providing supervisory personnel to take direct charge of the resources under the general direction of the requesting Coordinator. Requesting Coordinator shall make arrange- ments for housing and feeding, assisting personnel, fueling, servicing, and repair of equipment if such support is requested by assisting Coordinator. Assisting party's personnel shall not be deemed employees of requesting party and vice versa. 7. The requesting party agrees to pay all direct, indirect, administra- tive and contracted costs of assisting party incurred as a result of providing assistance pursuant to this Agreement, based upon standard rates applicable to assisting party's internal operations. Payment shall be made within sixty (60) days after receipt of a detailed invoice. Requesting party shall not assume any liability for the. direct payment of any salary or wages to any officer or employee of assisting party. 8. Requesting party.shall hold harmless, indemnify, and defend the assisting party, its officers, agents, and employees against all lia- bility, claims, losses, demands or actions for injury to, or death of, a person or persons, or damages to property arising out of, or alleged to arise out of or in consequence of, this Agreement provided such liability, claims, losses, demands, or actions are claimed to be due to the acts or omissions of the requesting party, its officers, agents, or employees, or employees of the assisting party working under the direction and control of the requesting party when the act or omission of such assisting party employee occurs or is alleged to occur within the scope of employment under the direction and control of the requesting party. 9. When mutual aid is provided, the requesting and assisting agencies, will keep account records of the personnel, equipment, and materials provided as required by Federal and State (NDAA) and FEMA guidelines to maximize the possibility of Federal and State disaster reimbursement. Each party shall have access to other party's records for this purpose. 11/18/15 CC A GENDA PACKET FAG 126 y 10. Agreement shall take effect immediately upon its execution and shall remain in effect until terminated. 11. Any party may withdraw from agreement without cause upon delivery of sixty (60) days prior written notice to the Agreement Coordinator designated in Paragraph 18 hereinafter. 12. To the extent that they are inconsistent with this agreement all prior agreements for public works mutual aid between the parties hereto are hereby null and void. 13. Requests for mutual aid assistance under this Agreement when more than one County is impacted by a disaster, should be channeled through the appropriate Regional State Office of Emergency Services to ensure maximum effectiveness in allocating resources to the highest priority needs. 14.- Requests for Public Works assistance from outside of an operational area should be channeled through the authorized emergency management organizations for the requesting and providing parties' operational areas. 15. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration in accordance with the Rules of the American Arbitration Association and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 16. This Agreement i.n no way acts to abrogate or waive any immunity available under the Tort Claims Act. 17. Initial signatories to this Agreement are: Los Angeles County Orange County 18. The County of Los Angeles shall act as the initial Agreement coordinator of this program for the purpose of: a. Receipt of new members to the Agreement. b. Maintaining a current list of signatory parties and representatives. c. Circulating annually a list of all parties and Representatives to all signatory parties. d. Arranging for amendments to agreement as may be necessary. The party acting as Agreement Coordinator may transfer these responsi- bilities to another party with the consent of that party and upon notification of the other parties to the Agreement. 11/18/15 CC A GENDA PACKET FAG 127 i 19. All signatory parties agree that any other qualified public agency or quasi public agency may become a party to this agreement by executing a duplicate copy of this agreement and sending same to the Agreement Coordinator, initially the County of Los Angeles, addressed as follows: The Los Angeles County Department of Public Works 900 South Fremont Avenue Alhambra, CA 91803 -1331 Attention: Disaster Services Coordinator IN WITNESS THEREOF, the parties hereto have executed this Agreement by their duly authorized officers on the dates hereinafter indicated. Larry J. Monteilh Executive Officer -Clerk the Board of Supervisors ATTEST SIGNED AND CERTIFIED THAT A COPY OF THIS DOCUMENT HAS BEEN DELIVERED TO THE CHAIRMAN OF THE BOARD. BY pc) LINDA D. RUTH j p CLERK OF THE BOARD OF SUPERVISORS OF ORANGE COUNTY, CALIFORNIA APPROVED AS TO FORM DeWitt W. Clinton County Counsel BY PRIN IP L PUT APPROVED AS TO FORM: ADRIAN KUYPER, COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA By: � , n c� -��.i Deputy AC-'Y a i G 91 R -MCPW ANGELES COUNTY i BY CHAIRMAN, BOARD OF SUPERVISORS ORANGE COUNTY -BY ez 00- eltl_ �• CHAIRMAN, BOARD OF SUPERVISORS BOAR ��P 3L' ?Lr t1S cc Ci� Ica ..E: LARRY j 6Wr,fll: D=UTPIE 01MCD 11118115 CC A EN A PACKET FAG 128 PUBLIC WORKS MUTUAL AID AGREEMENT NO. 62170 ADDITIONAL PARTIES TO AGREEMENT IN WITNESS THEREOF, the parties hereto have executed this Agreement by their duly authorized officers on the dates hereinafter indicated. "CITY" CITY OF BAKERSFIELD By: HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT NICK FIDLER Public Works Director COUNTERSIGNED: NELSON SMITH Finance Director Attach this page to the back of the Public Works Mutual Aid Agreement 11/18/15 CC ACEN A PA CKET FCC 129 ADMINISTRATIVE REPORT 1{ MEETING DATE: 11/18/2015 Consent - Agreements k. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/28/2015 WARD: Ward 1 SUBJECT: Final Map and Improvement Agreement with Gateway Housing, LLC for Tract 6209 Phase 3 located south of Fairview Road and west of South Union Avenue. STAFF RECOMMENDATION: Staff recommends approval of map and agreement. BACKGROUND: Per Bakersfield Municipal Code Chapter 16, "Subdivisions ", Tentative Tract Map 6209 was conditioned by the Planning Commission to require the construction of certain improvements within and adjacent to the tentative tract map. These improvements are necessary for the general use of the owners of those lots created by the final maps. This Agreement is entered into to secure these improvements, which include but are not limited to, streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. The term of this Agreement is one year from the date of the Agreement. Certificates of Occupancy or final inspections will not be allowed for any building within the bounds of this final map until these required improvements are completed and accepted by the City of Bakersfield and a Notice of Completion for the improvements is recorded. The Public Works Department has completed the review of the final map submitted by the Developer and is recommending that the Council approve the map. In addition, the Improvement Agreement outlining the Developer's responsibilities for onsite infrastructure improvements, which typically accompanies approval of the final map, is also included and recommended for approval. ATTACHMENTS: Description D Tract 6209 Phase 3 Map D Tract 6209 Phase 3 Improvement Agreement Type C:3aCIH Ua p 11Matcwirl4 l Agreement 11118115 CC AGENDA PACKET FAG 130 0 I I M. ..� �...d��. \� . \�� N .1 a M. a I cl /� M� This IMPROVEMENT AGREEMENT ("Agreement") is entered into on and effective as of (the "Effective Date"), by and between the CITY OF BAKERSFIELD, a municipal corporation ("City") and GATEWAY HOUSING, LLC, a limited liability company authorized to do business in California ("Developer"). WHEREAS, Developer is developing and subdividing land in the City of Bakersfield, commonly referred to as Tract 6209 Phase 3 (the "Project"), under the provisions of the Subdivision Map Act (Govt. Code §§ 66410 et seq.) ("Map Act"), and the Subdivision Ordinance of City (Title 16 of the Bakersfield Municipal Code ("BMC")) ("Ordinance"); WHEREAS, City's Planning Commission, an advisory agency, has approved Developer's tentative map subject to certain approved exceptions and conditions; and WHEREAS, Developer has submitted its final map to City for approval 'in accordance with the Map Act and the Ordinance and desires to enter into this Agreement with City to complete the required improvernent work in the Project within the time and in the manner provided herein. A G R E E M E N T Incorporating herein the above recitals, City and Developer agree as folllows,. 1. IMPROVEMENTS TO BE CONSTRUCTED. Developer will construct in the Project, at its sole cost and expense, those facilities and improvements (herein collectively referred to as "Improvements',) required by BMC Sections 16.32.060 or Section 16, .080, whichever is applicable, required in the resolution adopted by the City Planning Commission on April 1 , 2004, and/or required in a resolution extending the expiration of the tentative map, if applicable, The Planning Commission's resolution and the resolution extending the expiration of the tentative map, if applicable, G' /GP,IOLJPDAT/AGRE:,EMF,,rrJTS/20Y5 NW AG., REEMENTS/16209-3 MP AGREEMEW Page I ol: 14 11118115 CCAGENDA PACKETFCC 132 are on file in the City Planning Department and incorporated in this Agreement as though fully set forth herein. 2. MANNER OF CONSTRUCTION. The Improvements must be installed and constructed in accordance with all of the following: 2.1. Title 16 of the BMC; 2.3. Plans, specifications, profiles, and standards approved by City Engineer (when used in this Agreement, "City Engineer" also refers to City Engineer's designee), 2.4. Adopted City standards-, and 2.5. Good engineering practices and workmanlike manner. All Improvements will be subject to inspection by City Eng�ineer and must be completed to City's satisfaction before the improvements will be accepted by City. 3. TIME FOR COMPLETION. All of the Improvements must be fully completed in accordance with the terms of this Agreement to the satisfaction of City Engineer within one year from the Effective Date unless City Engineer grants an extension of the tir-ne for completion. 4. RECORDING OF NOTICE OF: COMPLETION; ISSUANCE • CERTIFICATES • OCCUPANCY: FINAL; INSPECTIONS. 4.1. When Developer notifies, City Engineer that Developer has completed construction of the Improvements, City Engineer will conduct an inspection of the Improvements and notify Developer of any deficiencies in the Improvements. 4.2. When Developer corrects the deficiencies, if any, in the Improvements to City Engineer"s satisfaction, City Engineer will accept the Improvements. 4.3. After the Improvements are accepted by City Engineer, City will record a notice of completion (the "NOC") once Developer provides City Engineer with relevant items identified on the Checklist for Notice of Completion, attached hereto as Exhibl it A and G /GROUPDAT AGREEMENTV2W5 PW AGRFIRAENTS/T6209 3 UP AGREEMP41 Page 2 of 14 11118115 CCAGENDA PACKETFAG 133 incorporated herein by this reference. 4.4. City Building Director will not conduct a final inspection or 'issue any certificates of occupancy to Developer for any lot within the phase' covered by this Agreernent (the "Covered Phase"') unitil City records the NOC. 5. GUARANTEE AGAINST DEFECTS. Developer hereby guarantees all features of the Improvements against defective work or labor done, or defective materials furnished, in the performance of this Agreement for a period of one year following recordation of the NOC. Upon City's demand, Developer will correct, repair, or replace promptly alll such defective work or labor done, or defective materials furnished, as may be discovered within the one-year guarantee period. The one-year guarantee period on private improvements will begin when the NOC is recorded. 6. IMPROVEMENT SECURITY, 6.111. Required Security. Developer must provide acceptable security (the "Security") as detailed in Exhibit B, which is incorporated herein by reference, for the following obligations: 6.1.1. Performance of the obligations of the Agreement by a full and timely completion of the Improvements; 6,.1.2. Labor & Materials/Payment to all contractors and subcontractors and to persons renting equipment or furnishing labor or materials for the Improvements, except as provided in B Section 16.32.040; and 6.1.3. Warranty/Maintenance against any defective work or labor performed on or defective materials furnished for the Improvements for a period of one year following recordation of the NOC of the Improvements as outlined above. 6.2. Acceptable Security. City Engineer has the sole discretion to determine which of the following forms of Security is acceptable: 6.2.1. A bond or bonds by one or more duly authorized corporate sureties that substantially conforms with the form set forth in Government Code Section 66499.1 or any successor statute; I For tracts that have no phases, the terra "Covered Phase" refers to the Project. GJGRO1GPDA11A(-,REEMENIS/20I5 PW AGRETMENTS/T6209,3 IMF' AGREEMEN1 Page 3 of 14 11118115 CCAGENDA PACKETFCC 1 34 6.2.2. Cash deposited with City, or 6.2.3. An irrevocable letter of credit from one or more responsible financial institutions regulated by state or federal government and pledging that the funds are on deposit and guaranteed for payment on demand by City, 6.3 Developer's Obligation to Maintain Securit . It is Developer's sole responsibility to maintain the Security as follows: 6.3.1 Developer must provide City with the original Security documentation for all required Security as outlined in Exhibit B, Copies of the Security documents provided by Developer are attached to this Agreement as Exhibit D. 6.3.2 Developer must ensure that all Security is current and that there is no gap in Security coverage. At least sixty days before any Security required Iby this Agreement expires, or otherwise becomes invalid, Developer must fake steps to keep the Security current or provide new Security. Any failure by Developer to comply with these provisions will constitute a material breach of this Agreement, and City may, in addition to all other remedies provided by law or this Agreement, immediately pursue whatever Security is available for completion of all Developer obligations under this Agreement. 6.3.3 Developer must provide City with the appropriate mailing address, phone number, state license number, if applicable, and email address for the contact person associated with each form of Security and identify the local representative and corporate headquarters of the company providing the Security ("Contact Information' "). If is Developer's responsibility to ensure that City is provided with updates to any of the Contact Information. 6.4 Release of Security. The Security will be released as described in Exhibit B. 7. DEFAULT: REMEDIES. 7.1. Default. Developer will be in default of this Agreement 'if City Engineer, in the exercise of reasonable discretion, determines that (,a:/GROL)FI( AT/AGREEMEN[�/2015 PW AGIRTEMENTS/T62091 IMP AGREEMENT Page 4 of 14 11118115 CCAGENDA PACKET FCC 1 35 any of the following exist: 7.1.1. Developer has failed to properly and fully complete all of the improvements in accordance with this Agreement within the time, or any extension of time, provided herein-, 7.1.2. Developer has failed or neglected to begin the Improvements, or any feature of the Improvements, within a time which will reasonably allow their completion, within the time, or any extension of time, provided in this Agreement; 7.1.3. Developer has abandoned any of the work on the improvements; 7.1.4. Developer, if an individual, has been declared incompetent or placed under the care of a guardian or conservator, or has disappeared-, 7.1.5. Developer is subject to a voluntary or involuntary petition in bankruptcy or has been declared bankrupt; 7.1.6. Developer changes the form of its business entity to a form, different than the one identified in the introductory paragraph above-, or 7.1.7. Developer or owner of the Project transfers ownership of the Project. 7.2. Remedies. If Developer is in default of this Agreement, City may, in its sole discretion, immediately exercise any of the following remedies without prejudice to any other remedy City may have in law or equity:. 7.2.1. Demand that any available surety pay for the completion of the Improvements, 7.2.2. Demand that any available surety assume Developer's obligations under this Agreement, in lieu of payment of the secured funds: 7.2.3. Provide the necessary supervision, equipment, materials, and labor as it may determine necessary, using any available means, to undertake and complete the Improvements or any G:/ ' ROUPDAT/AGREEMEMS/2CM5 PW AGREEMENTS/T6209-3 NP A RFAMN. Page 5 of 14 11118115 CCAGENDA PACKET FAG 136 part thereof in the manner required by this Agreement at Developer's, and its surety's expense, and Developer and its surety, jointly and severally, will be liable to City arid must pay Cify, on demand, any expenses, costs, fees, or other expenditures incurred by City in the course thereof; 7.2.4. Combine the payment of secured funds and the completion of Developer's obligations under this Agreement by City forces and/or other entities; 7.2.5. Withhold the issuance of building permits or performance of inspections for any lot within the Covered Phase if the Improvements in any current or earlier phase of the tract have not been completed in a timely manner at the time Developer requests building permits or inspections for any lot within the Covered Phase, 7.2.6. Withhold the issuance of building perrnits, in subsequent phases, until all Improvements in the Covered Phase are completed and approved by City Engineer; and 7.2.7. Revert the real property to acreage. By executing this Agreement, Developer warrants that it has authority from each party having record title interest in the Project to act as such party's agent for purposes of the provisions of this subsection and to waive, and, hereby, waives any right to a hearing on such reversion. Right of Entry. If City elects to exercise its right to the secured funds under this section, Developer hereby grants the right of entry to the Project to City, the surety, and the City's and surety's, designated representatives for the purposes of completion of the Improvement's or evaluation of any claims on secured funds under this Agreement. It is the responsibility of City, 1he surety, or the City's or surety's designated representatives to obtain any permission necessary for legal entrance to and/or construction on the Project from the Project's owner should Developer not own or have rights to the Project. It is also the responsibility of the surety to provide adequate insurance and comply with all reguilafions, permits, and ordinances while on the Project site or before beginning any work within City's right-of-way. (-;:IGROUPI,)Al'/AGREEMEIIITS12015 IPW AGREI MENNS/T6209 3 IW AGREPOENT Page 6 of 14 11118115 CCAGENDA PACKET FAG 137 8. NO WAIVER OF DEFAULT. A failure to enforce any provision of this Agreement will not constitute a waiver of the right to enforce the provision at a later time and will not serve to vary the terms of this Agreement. 9. NO WAIVER BY CITY. Inspection of the work and/or materials, or approval of the work arid/or materials inspected, or a statement by any officer, agent, or employee of City indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefore, or any combination of all of these acts, will not relieve Developer of the obligation to fulfill this Agreement as prescribed; nor will City be thereby estopped from bringing any action for damages arising from Developer's failure to comply with any of the terms and conditions of this Agreement. 10. INDEMNITY. 10. 11 Developer will indemnify, defend, and hold harmless City and ifs Council, officers, agents, and employees against any and all liability, claims, actions, causes of action, or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by Developer or Developer's employees, agents, independent contractors, or companies in the performance of, or in any way arising from, the terms and provisions, of this Agreement whether or not caused in part by City, except as limited by California Civil Code Section 2782 or caused by City's sole active negligence or willful misconduct. 10.2 Developer, at its own cost, expense, and risk must defend all legal proceedings that may be brought against City or its Council, officers, agents, or employees, on any liability suit, claims, or demand that Developer has agreed to inderrinify them against herein, and must satisfy any resulting judgment that may be rendered against any of them. 10.3 Developer"s surety providing the Performance Security will not be deemed liable under any of the foregoing provisions of this section, unless the surety undertakes the completion: of any of the Improvements or the conduct of work required to be done under this Agreement, and then only to the extent of any act, omission, or neglecf of the surety or its engineers, employees, agents, contractors, or subcontractors in the Course of the completion of those Improvements or the conduct of that work by the surety. G:/GROUPDAVAGREEMENTS/2015 F AGREEMENI'S/162093 IMP AGREEMEN7 Page 7 of 14 11118115 CC EFL PAC KETPG 138 11. INSURANCE, 11.1. Types and Limits of Insurance. In addition to any other insurance or Security required under this Agreement, Developer must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements"), 11.1.1. Automobile liability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. 11.1.2. Commercial general Iiabilijy insurance, unless otherwise approved by City's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. The policy must: 11.1.2.1. Provide contractual, liability coverage for the terms of this Agreement; 11.1.2.2. Provide unlimited products and completed operations coverage, 11.1.2.3. Provide premises, operations, and mobile equipment coverage; and 11.1.2.4. Contain an additional insured endorsement in favor of City and its rnayor, council, officers, agents, employees, and designated volunteers. 11.1.3. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, Developer must submit to City the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be Z, IGrOtIF"I�X�"T"/"ACREEMLr,4'IS/2015 PW AGREEMENTS/ I 62�,w -3 IMP AGRk-,FMFNT Page 8 of 14 11118115 CCAGENDA PACKET FAG 139 insured agaiinst liability for worker's 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. By executing this Agreement, Developer is submitting the certification required above. The policy must contain a waiver of subrogation in favor of City and its mayor, council, officers, agents, employees, and designated volunteers. In - 11'.2.1. All policies required of Developer must be written on a first_ dollar coverage basis, or contain a deductible provision. Subject to advance approval by City, Developer may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction: of any self-insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured. 11.2.2. All policies required of Developer must be prir-nary insurance as to City and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by City and its mayor, council, officers, agents, employees, and designated volunteers must be excess of Developer's insurance and must not contribute with it. 11.2.3. The 'insurance required above, except for workers,' compensation insurance, must be placed with insurers with a Best's rating as approved by City's Risk Manager, but in no event less than A-:Vll. Any deductibles, self-insured retentions, or 'insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A-:Vlll, must be declared prior to execution of this Agreement and approved by City in GIGROUPDAT/AGREEMENIS/2015 UAP AGREEMENT Poge 9 of 14 11118115 CCAGENDA PACKET FAG 140 writing. 11.2.4. Unless otherwise approved by City's Risk Manager, all insurance policies must contain an endorsement- providing City with a thirty-day written notice of cancellation or material change in policy language or terms. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. 11.2.5. The insurance required in this section must be maintained until the Warranty/Maintenance Security is released. 11.2.6. Developer must furnish City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required and identifying the tract number and phase of the Project, when Developer submits the executed Agreement and final map to City for approval, 11.2.7. It is further understood and agreed by Developer that its liability to City will not in any way be limited to or affected by the amount of insurance obtained and carried by Developer in connection with this Agreement. 11.2.8. Unless otherwise approved by City, if any part of the work under this Agreement is subcontracted, the Basic Insurance Requirements rnusf be provided by, or on behalf of, all subcontractors even if City has approved lesser insurance requirements for Developer, and all subcontractors must agree in writing to be bound by the provisions of this section. 12. MISCELLANEOUS. 12.1. Governing The laws of the State of California will govern the validity of this Agreement, its interpretation, and its performance. Any litigation arising in any way from this Agreement must be brought in Kern County, California. 112.2. Notices. All notices related to this Agreement musf be given in writing, must be personally served or sent by certified or registered mail, and will be effective upon actual personal service or depositing in the United States mail. The parties must be addressed as follows, or at a:ny other address designated by notice: G:/C,ROIJPDAI/A(,yREEMEr,JTS/2015 PW AGR1,EMFNT5JT6209 3 IMP AGREEMENT Page 10 of 14 11118115 CCAGENDA PACKET FAG 1 41 City: CITY OF BAKERSFIELD Public Works Department Attention: Subdivisions 1.600 Truxtun Avenue Bakersfield, California 93301 Telephone: (661) 326-3577 Developer: GATEWAY HOUSING, LLC 5301 Office Park Drive, Suite 115 Bakersfield, California 93309 Telephone: (661) 327-0912 Email: swhair47@ao,l.com Surety: PHILADELPHIA INDEMNITY INSURANCE CO. Attention: Vincent M. Scolari 231 St. Asaph's Rd, Suite 100 Bala Cynwyd, PA 19004-0950 Telephone. (610) 617-7940 12.3. Assignment. Neither this Agreement nor any rights, interests, duties, liabilities, obligations, or responsibilities arising out of, concerning, or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort, or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited and will be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties. 12.4. Binding Effect. The rights and obligations of this Agreement will inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors, and assigns. 12.5. Mergerand Modification. All prior agreements between the parties are incorporated in this Agreement, which constitutes the entire agreement of the parties. Its terms are intended by the parties as a final expression and complete and exclusive statement of their .. . . ....... Gi /GfSOJF "DA7 /t' Gkli ^EM4F NT:S,t'20k 5 PVV AGREEMENTS/T6209-3 IMP AGREEMEW Page I I of 14 11118115 CC EFL PAC KETPG 1 42 agreement with respect to the terms that are included herein and may not be contradicted by extrinsic evidence of any prior agreement or contemporaneous oral agreement in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 12.6. Corporate Authority. Each individual signing this Agreement on behalf of entities represents and warrants that they area respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 12.7. Independent Contractor. This Agreement calls for the performance of Developer's services as an independent contractor. Developer will not be considered an employee of City for any purpose and is not entitled to any of the benefits provided by City to its employees. This Agreement must not be construed ais, forming a partnership or any other association with Developer other than that of an independent contractor. 12.8. Agreement Mutually Drafted. This Agreement is the product of negotiation, and all parties are equally responsible for its authorship. California Civil Code Section 1654 does not apply to the interpretation of this Agreement. 12.9. Exhibits. If there is a conflict between the terms, conditions, or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement will prevail, All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached:. 12.10. Tax Numbers. Developer's Federal Tax Identification No. 46-2307815 Developer is a corporation? Yes No X (Ploos,e check one.) 12.11. Non-interest. No officer or employee of City may hold any interest in this Agreement (California Government Code Section 1090). C P,O)PDAT/AGR,EFMENrs/20r 5 PVV AGRELMENTS/T6209,3 MP AGRF"MENT Page 12 of 14 11118115 CCAGENDA PACKETFCC 1 43 12.12. Further Assurances. Each party will execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement, [remainder of Ipage intentionally left blank] G /(-�ROOPDA I /A'GREEMENTS/2015 PW AGRFEMENIS/T6209,3 4MP Poge 13 of 14 11118115 CC EFL PAC KETPG 144 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above. RM CITY OF BAKERSFIELD 0.2 HARVEY L. HALL Mayor APPROVED as -to form: VIRGINIA G,ENNARO City Attorney By: ANDREW HEGLUND Deputy City Aftorney linsurance/Surety:_... M NICK FICKLER Public Works Director M- NELSON K. SMITJ By: llrin a14cjme: Title: Attachments: Exhibit A - Checklist for Notice of Completion Exhibit B - Required Security Exhibit C - Engineer's Estimate Exhibit D - Security G-./GROUPDAI/A(�R,EEMErdTS/'2015 rW AGREEMENTS/16209-3 KIP AGRUMNI Page 14 of 14 11118115 CCAGENDA PACKET FAG 1 45 I . . . . . . . ...... 1--- . ........ . ....... ... . ........... ............ ... . ......... - - A notary public or other officer coinplethig this certificate verifies oifly the ideMitY of the individual who sigiied the document to which this certificate is attached, and riot the truthfuhiess, accuracy, or validity of that dMinient. . . . .. . . ........... STATE ATE OF CALJFORNIA COUNTY OF Nti� On be fore rne,— oa, Public, 1.) a t e I hmr hnsert nanie and tifle of the officer) personally appeared who p.roved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/ilre subscribed to the within in,",trunient and acknowledged to rne that he/sI.-kV.they executed the same in hisjher,/tJ,-Aeir auffi )rice d capacity(ies), and that by his /heir /their" signaftlre(S) 011 the inStrUlliellt the person(s), or the entity upon behalf of which the person(s) acted, (ACCLIted the instrurnent. I certify under PENA LTY OF Pl. ERJ URY under the laws of the State of California that the foregoing paragraph is true and correct. WITN ESS my han d and official seal. "5 ELVA, � j" 2029256 Nly 1'"" a1 u 3' -'r "fl 'ate, '4-r'W signature (Seal) - Description of Attached Document "title or Type of Docuineiit: Document Date: Other: 011TIONAL, N u inber of Pages: 11118115 CCAGENDA PACKET FAG 1 46 r I 3U'BLIC WORKS DEPARTMENT CITY OF BAKERSFIELD SUBDIVISIONS Project No, Phase No. Su:bmit a copy of this checklist with YOUr Notice of Conipletion package, Include all items, on ft s checklist with your package. If an item is already on file with the City, please so note. If any iterril is marked as NA (not applicable), provide a written justification or explanation, Failure 10 SUbIllit t16S checklist or to address all items on the checklist will reSUIt in a delay in filing the Notice of Corrlplefior and/or in the release of any securities. Processing of a NofiGe of Completion cannot proceed until Subdivisions has received direct confirmation frorn the Construction Division that the punch Ilst items are complete. r% Le KIA rhal-klict ltpm 11118115 CCAGENDA PACKET FAG 1 47 NAME EXHIBIT 11118115 CCAGENDA PACKET FAG 148 TYPE OF Labor & Materials/ Warranty/ SECURITY Performance Payment Maintenance WHEN ..... .. . .... Whe_'�r'r REQUIRED fflrr rHnrti;' rH° fHe, hf ":::ifyfrarrCaf,Ff.yrra"vrr r.Xr rfed fho, l��f IN? yeW "A fil iNea nof npf")rcvo�'fl AMOUNT OF 100% of me kAd ewWwhod cos! (A the 50% (:'4 lh" loi(cjf 10% of SECURUY in of KAWnd coo A EsMvalo aUacjvW hemV (is Exhibit C cwxJ the kypnowmerifs as No hrIsrovernants WoTnivAed I_q iedeckM h H He as ra%ved in� DATE OF V41hin 30 days afkn (2ity vcoi',,,'tL,; ci NO of Me 90 ay t rffh of CHy 18 monks a %',� r RELEASE/ n4movo"vnik but it City aknvem no recards o NOC of re�.x'g�',Ic'ih, )n Tie REDUCTION �>-webper potmv=l waark or ft'v,-, "4,,)C: e:-f I h or clfl,.,Jecfivfl�) rrialcqicj rj( (,-(-q,rjp,ii tirig unas City "'ac "1w QjyovenuyiN the ImpmNervienN or Dow doper wx�, wriflen CJt,pl rc,B..oicls t1s(,,, the an (_'i.chon Secluritr , wilH t)c�, only rr?,:A I"ics Ins repwud or rord(=d Mo dehcilo."t of filed lo iho' to 01y"s ,-,;A It"ie ir nprovcm nc,,f its, in "Nen swxN"m fu Qfy W�"[('1') C'11CVW_11 ttv�'�' verily, (,-)r) its nri(,r,,d be favv�,'.,,r 18 clrfi"'�r the AgivenrunI awl W00 In Me mcry be reckiced 0 of if ils se,,'Aion, (`Jt,,( mcry' it its ar) arnount not loss of fl w"" fAJ"'-"o than fl-le lotc'fl ot 0111 Of $H 9a, c� irns on L)y D( VE40[7,)E , cictjor'V -.7r stc,'jf'',w cor fa n iok, fhef p has f' �-en 'Hed fl cini,'A l <I CJ S C] lt.' flc is 4. ily wfll use, [Omc,ite 1-,vrvunf of the) reckiclinn toused cn Wle-7' of r f r I r n i"") rr �) f" t-,' rn o' � n f S by rt, in will (".JOY CV,Ohcdzt,' <.-j recMAW cA the vci�iv,,"�� of Sec��uriiiy fla . . . .... ....... . .. ....... ........ ...... . . . . . ...... ...... . HI Ri v ill, 11118115 CCAGENDA PACKET FAG 1 49 POd 7EL 0 CJ I Z CL E E 4� 0 uj z Z. 0 c 42 a . > IN IN 11 C) U,7 0 C '� Ca U') Cs CJ C', 0 CC C) C3 C:t 0 0 0 0 Cr Ca C3 0 CY 0 C, CS cr, N w m C( C) M {> b tn ul* 4) to, C4 CPJ �A cA 0) w & U) U) U') ba N ez� Ln • (D C�� — I,j '. U7 &,a CD ea f.04 LD 0 Cr 0 An CD 0 �r) X-7 CD kn C"3 tn V� U3 16 u') CD LD. A� L6 4 M ui Fh CO rl- cli rx) > E c, 2 ra IE E cl) cwl) Ch c C� CSi 1,D CO CD CD C) 6 L'� C6 4 cq u) 1-j �2 60 Y3 tfY Efi C3 In Ll LL) to C, k'q V) YC ,C3 N M .. toi vo U) 'm rN Q0 Ic, CN ;; I'D . fl,2 0 C C, CS r-, C� 11 -P "D ltc� r- Z� M 00 Cl) M N tr�� An 33 C'J co C7 CN Z, CD iD C� cD o C� CD c PG C eD C <D, ul7 Lr) C�) eD c 10) z1o, 2-5 CN M M �- L-- �, m� m ,� m to, 0 fl) q 4,1) m 0 111 C3 C, C) N In C114 V'� ro CC > E 75 E 0 cu 12) U) __ a (P LL, czY > j "t ck) 4�0 3: m CCY C:D LD C) 0 C� 'O C) C, 0 C� C, CD CD �D c C � c) ck c5 9 q q CD 6 M Ln 6 6 �7i r-7 c 0 c� co 0 0 N Y) U4 Elq 0 C- CD 41 CA> IT v4 7, td3 V,� >, >, — V, M L) C) — Q 13) rD cr CY) M LO Wtlu C. �w ETA CL 2 LLJ co E V� L? m In 0 q; 0 -6 _P5 "D T > < CLC. E c6 of 6 -,j -4: L6 Ic P,� 0� U; C,4 C,,a c"I N e 14 N C,4 Cr,� N c"4 I-- cri w r) z 0 cc M 4 oa LLJ '0 = z 0 in C5 EXHIBIT C 11118115 CCAGENDA PACKET FAG 150 �lj on 9 Z 03 Ck 0 EL C Q E 0 CL uw 7,: 42 > co rl- Ul 0) co 0 cn M 0 m N co rl- (.0 CN tr) co 0) tl- 0 00 0) 1 �CD CID CN V,), CD LO CC) 00 m (n 0 Z u 04 2 IE rN M + cq C4 E L- III r + C, in ILL P- 0 OF 75 L =0 1- 0 0 > + + n 0 < E LLI E LL CL r- E 0 0 f- 0 7m- — 0 L- 0 CD Ln < 0 < wo- pi 40— Poi > 0 Z 0 Co C6 4, co CD t o cil — r) EXHIBIT C 11118115 CC AGENDA PACKETPG 1 51 VS iW Cn Cary CJ hll C. (n 0 Z u 04 2 IE EXHIBIT C 11118115 CC AGENDA PACKETPG 1 51 Executed Corrected Original FUMMMM111 1 City of Bakersfield I -rnTnLT,-M-67MMTM . I . I w . w. M-Mo an agreement dated' ' 20 ("Agreement), whereby Principal has agreed to install and complete certain designated public Improvements for the following project: Tract 6209 Phase 3 . Tbei Agreement, incorporated herein by this reference, requires Principal to! furnish a bond securing Principal's perfoI: e obligations of the Agreement ("Performance :r, nd'). Philadelphia To that end, Principal and' Indemnity insurance Company ("Su'reW) are held and firmly bound be maide, we bind ourselves and our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents', The condition of this obligation Is such that if the Principal or the Principal's heirs, executors administrators, successors, or assigns ("Principal Parties"), In all things, stand to and abide by, and well and truly keep and w orm the covenants, conditions, and provisions in the Agreement w, I -t nrovidej_gj ii&wafe as *Prel _Pnn i w. I Patie:s' Dart. to be kent aTI4 aerfor,,iied at V Mw 12 M, I W1 W. I -6 -4 rendered,, I Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to t mm w- 11 In anywis:e affect Its obligations on this bond, and it does hereby waive notice of any such chan jig A w I ktAlt; N, w i ft, w w 01 1: 1 1111 :::1 1 MI iIiint In witness whereof, this instrument has been duly executed by Principal and Surety November W15. PRINCIPAL Gateway Housing, Inc. By: t,; I ts: az�;w w� =I 11/18/15 CC A GEN PACKET PG 152 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1!189 A notary public or other officer compieting this certificate verifies only the identity of the individual who signed the I document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ,.Santa Clara On Novernber3,2015 before me, KK!sti Wilson, Nota I�pbjic Date Here Insert Name and Title of the Officer personally appeared Charles M. Griswold Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in Ks/her/their authorized capacity(ies), and that by his/h er/thei r si gnature(s) on the in stru ment the person(s), or the entity upon behalf of which the person(s) acted, executed the instruiment. I certify under PENALTY OF PERJURY under the laws is true and correct�. WITNESS my hand and, official seal. 4v)" S, L Signature ignature_ of Notaq Public , Place Notary Seal Above OP77ONAL Though this section is optional, cs teting this information can deter alteration of the document or fraudulent reattachment • this form to an unintended document. Description of Allachied Dioicuimient Tit�le o of Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(iles) Claimed by Signels) Signer's Name., . ...... . D Corporate Officier — Title(s): El Partner — 0 Limited El General D Individual ', Attorney in Fact 0 Trustee 0 Guardian or Conservator EJ Other. Signer is Representing: Si�gner's Name:_-, ["I Corporate Officer — Title(s): [-]Partner — 0 Limited El General 0 Individual 0 Attorney in Fact El Trustee El Guardian or C,NM iniservat 0 Other: . .. ........ Siginer Is Representing: r_vuinrT n 11118115 CC AGENDA PACKET FAG 153 A notary public or, other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA "I - -- On /V& before me, 15�4 rlY k�714 30" Notary Public, 7- Date (here insert narne and l�itle of the officei) personally appeared who proved to, me on the basis of satisfactory evidence to be the person(*) whose narne(s) is/ffie subscribed to the within instrument and acknowledged to me that he/&404h", executed the same, in his Aw/their-authorized capacity(ies), and that by his /her/tkek signature( on the instrument the person(s), or the entity upon behalf of wl-rich the person( acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS, my hand and official seal. I I a I I a I KATHY BURDETTE t Commission # 1979155 9 Notary Public - California 4z z Kern County My Comm. Expires May 27,201 J Signature: —(Seal) OPTIONAL Description of Attached Document Title or Type of Document: Number of Pages: Document Date: Other 11118115 CC AGENDA PACKET FAG 154 Executed Corrected Original Bond No- PBO2762300088 PrenliUM. Included in Performance Bond City of Bakersfield L.aBoy-,+,� �'ISJQNQ I The City of Bakersfield i("City") and Gateway Housing, Inc, ("Principal") have entered" into an agreement dated 20_ ("Agreement"), whereby Principal' has agreed to Install and complete certain designated public improvements for the following project: Tract 6209 Phase 3 ("Projecto). The Agreement, incorporated herein by this: reference, requires Principal, before entering into the: performance of the: work, to furnish a good and sof kid 9566 ("Labor and Materials Bond"). Philadelphia To that end, Principal and Indemnity Insurance Con2a2y ("Surety"), and; their respective heirs, and admJnIStrators1(jDLntlLm and severall;�, are held firml!,, bound unto the Cit-p and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Agreement and referred to In Civil Code sections 9000 through 9566, in the sum of It is hereby expressly stipulated and agreed that this bond will iniure: to the benefit of any and aill persons, companies, and corporations entitled to file claims under Civil Code sections 91000 through 95i66, so as to give a right ■ action to them or their assigns in any suit brought upon this bond. If suit is brought upon this bond,, Surety will pay, in addition; to the face amount thereof, costs a reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successful enforcing this obligation, to be awarded and fixed by the court, and ■ be taxed as costs and to Included In the judgment therein rendered. I Surety hereby stipulates and agrees that no, change, extension of time, alteration, or addition to t tke -- Jor rn I I J In anywise affect its obligations under this bond, and it does hereby waive notice ■ any such ch!ang t or addition to the terms of the 9 reement, the work, ■ It e s 9 ec Wr I W*21401:441 d 611FA M i @11,1,201 ILW, I I Ha V IN MAIN 0.11 9115ors 0��-W-1 In witness whereof, this instrument has been duty executed by the principal; and surety above named, on_ 2015 *Novem6e—r 3 ' PRINCIpAL Gateway Housing, Inc. SUTIla4ph ;I z lnd mnity InSUrance Company , By: LABOR AND MATERIALS, SON D Last Revised: Novem b,er 2, 2015 "M Aul M -------711/18/15 CC A GEN DA PAC PG 155 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT' CIVIL CODE § 11,89 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Marra On Novernber,3,2015 before me, _J E!stL . .... ... .. . ......... - ... ... ........ ... Date Here Insert Name and Title of the Oifficer personally appeared '_Charles M, Griswold .......... . . ......... . . ..... - -------- . . . ........ .... . .......... . Name(s) of Sigoer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person( s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatu re Signature of Notary Public Place Notary Seal Above , OPTIONAL Though this section is optional, completing th!is information can deter alteration of the document or fraudulent reattachment of this form to, an unintended document. Description of Attached Docurnen t Number of Pages- —I.,-- Signer(s) Other Than Named Above: Ca■acity(iies) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s). L7 Partner — El Limited 0 General El Individual El Attorney in Fact D Trustee E] Guardian or Conservator El Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Tntle(s): . . ........ 0 Partner — 0 Limited E] General 0 Individual [JAttorney in Fact D Trustee Cl Guardian or Conservator E Other: Signer Is Representing: @2014 Nabonal Notary Association - www,NafionalNotary.org - 1-800-US NOTARY (1i-800-876-6827) Iterr#5907 11118115 CCAGENDA PACKET FAG 156 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthful-less, accuracy, or validity of that document, STATE OF CALIFORNIA COUNTYOF On A161 �l before me . . ...... —Notary Public, Date (here insert name and title of the officer) personally appeared 5 rl�5?w4l ........ . .. k� 1141,e who proved to me on the basis of satisfactory evidence to be the person(@) whose name(q) Ware subscribed to the within instnunent and acknowledged to me that he/94e/tkey executed. the same in his A4ef/t"r authorized capacity(ie5), and that by leis d signature(,&) on the instrument the person*e), or the entity upon behalf of which the person( cted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the ,foregoing paragraph is true and correct. 'WITNESS my hand, and official seal. Signature: (Seal) O,PTIONAL Description of Attached Document 1 -13 Title or Type of Document: 1_ Number of Pages. 0 dA-W Document Date: Other: s 11118115 CC AGENDA PACKET FAG 157 PHILADELPHIA I'MILADELPHIA INDEMNITY INSURANCE COMPANY 231 &. Asaph's Rd,,, Suite, 100 Bala Cynwyd, IIA 19004-0950 Ilower ofAttarmey, KNOW ALI, PERSONS Iii 'I I-IFSE PRISE TS. 'I hal 1411LADELPHIA I NDEMNITY INS URANCE COMPANY (the Company), a corIX)raticni organized and existing under the laws of"the C(Mirrionwcalth ol'Pennsylvania, does her6iy consfituteand appoint: DAVID1 BACIIAN, I• UL. HUDSON III, DEBORAH V. TABI,AK, YESENIA RIVERA, VINCENT M. SCOLAM, CHARLES N1. GRISWOLD AND PATRICIA SIMICICII OF MCSHERRY & HUDSON Its vue and law fid Anonivy (S) in fact With Bull aUthOrity tO Cxecule on its behalfbonds', undertakings, Teeognizances, and c5ther comrac s of indemnity and wrilings obligatory in the nat me fliereo 1, issued in the Course of its business and to hind the Company thereby, in an aM offs fl ThA to exceed $5, 000,000-00, This Power of Altomey is granted and i�,, signed and sealed by facsim le under and by the authority of die fol iowing Res(Aufion adopted by the Board of Dirmor." of IIIIII-ADELPI IIA INDFIMNFIF)" fiNS1 JRANCE C'OMPANY' at a meeting duly called the I O' day OfAfl)', 2011. RESOLVED: "Lliat the Board ol'Directors hereby authorizes the President oT any Vice President oflhc Company to: (I) Appoint Atiorney(s) in Fact and authorize the Auorney(s) in Fact it) execute on behalf ol'the Company bonds and midertakings, contrms ofindemniIy, and other writings obligatory , in the nature thereof' and tcp attach the seul� oflhe Company thereto ; and (2) to removc, at any time, any such AUcruey-in-Fact ,aid revoLe the ainhorily given, And lie it navnIER RESOLVED: I hat the signatures Of Such officers and the seal of the Company may he affixed to any such Power of'Attorney or certificate relating thereto by facsfinflQ, and any such Power of Attorney so executed and certified by facsimile signatures, and fiacsimfle scat shall he valid and bidifig upin the Company in the I'Loure uviflh the re,,,pect to any bond or undertaking to which it is attached, IN'ns,riMONN M-IEREOF, PI HLADITMILA INDFAIN fTY INSURANCE COMPANY HAS CAUSID'I I [IS INS IRLINIFNT TO 13F SIGNED AND FTS CORPORA TT, St"ALTO BE, Al IXFJ) BY ITS AUTHORM"'D OFFH7 I HIS 18... DAY OF R IX, 201 1, NITY pry rn Pres k I CT it *'VSyL'qV ........ Christopher J Maguire in day of'July 2011, before me carne the individual who executed the preceding insn-umenl, to nie personally known, and behig by me (July s o & id that w Oil this IS, " ru, a I bs'the the rein described and authorized offlicer M'ffie PHILADELPHIA INDEMNITY INSURANCT CONIHIAMI; that the seat affixed to said nistrurnent is the CuTporate seal of said Company; that the said Corporate Sea] and his sipmature rwrerc duly affmcd, COMMONWEALTHO PEININSYLVM111, L Isote" sal �jr Kfmb#Ay X Kassle*� INgolory PUNIC Lmmr Mmlom 7W. mon4ornery County laAI qCw�nmis*Mon, Expires Dec. 18. 2012 r7enwZym �7*As Dec. a I, Craig P. Keller, Executive Vice President, (Ineffinancial Mkor arid Secretary of PHILADELPHIA INDENINfIN INSUPANCE (..)M PANY, do herby cerfify that the foregoing resolution of the Board of Directors and this Power of Attorney issued JlLrsuant thereto on taus 18"' day of July 20 1 are true and correct and are still in full lbree and effect. I do further certify that Chrimophcr J. Maguire, who excQuIed the Power of'Attomq as President, was on the daw afcxeitufion of the attaekd Power of Attorney The dtfly elected President of 11HILADELT11 11A INDEMNITY INSURANCII-l" COMPANY, In Tcwtirnony Whereof I have subsedbed my name and affimed the facsimile; seat ()t'ectj Company this __3rd dayof,_..... November 20.1.15 Cmg 11, Keller Executive VIce President, C'hiefl-inarwW CID ficer & Secretary 11118115 CC AGENDA PACKET FAG 158 PRODUCER i,�HONEW R g ...,,...,... 0�� "0 J' FAN Ntlj: 42099 33+4 -1539 2C9Y334 NA M1E ........ EaC"3..CS.iG WRIGHT INSURANCE AGENCY PHONE AJG, Nr�JI 2100 W . KETTL E pDRESS. ewright@wrightins. com P.O. B�OX 40 i RI ERLS AFK0R7INCCiUERpA GE LORI CA 95241-01040 INSURERANAVIGATORS SPECIALTY INS, CO f 3E0 56 INSURED INSURE RB. "A`fi°IC�dWIDE MUTUAL INSURANCE .CC•,,,,._ 23757 ,. ORIOLE HOME'S,, INC„ KSA REALTY INVESTMENTS LLC; INSURER,C_,STi�T"'E COMPENSATION INS,. FUND 515 GATEWAY HOUSING INSURER D: 5301 OFFICE PARY, DRIVE, SUITE 115 INSUiRIER, :. BAKERSFIEL D C'.A 933EI9 INSURER r' COVERAGES I : CERTIFICATE hN�F:CE1552 �7C�C � REVISION NUM B R: THIS 3 EcRT POLICIES ry INSURED NAMED ABOVE FOR THE PO EY PERIOD NLCA TED NCT WTHSTANDIN4 ANY RECJIPm EN TERM OR CONDITION OF ANY CONTRACT OR C WFN DOCUMENT WTI RESPECT TO '411dIhIf,CFl "rIiIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED I IEREIN IS SUBJECT TO ALL THE I TERMS, EXCLUSIONS AND CONDITIONS OF SUCH �P. CLICIES L.I.M. ITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, A770.SJ0 M E w uCY.EkIR I NSR OF INSURANCE, MIDID Y MM) Yt ' .. LI MIT� S COMMERCIAL GENERAL UFE9L &6r EACH : uTFrY E � . ... , I .000 .. J C0 ru�- rv�LE DAMAGE TO $ 50,000 A �c�r FEMISFS Tr- Qclu"ecet 5,000 X Y SF14CCSG146821C 12/94 /2014 12/1J 2015 wlFn ruw rAnywieaprsen 1s ... C..! al I . .. �I I j FV F ESONAI Ar DVIPk )P Y 1,000 '000 .ar rFfE LIMIT APPLIES EE GEN-RALA r FEGATE S 2,000,000 JL A &. 1 PD(.. N. R TODUr S ,C 18;.0 6 AC 2,00 1 0 CCU PrIIC" SECT OI HEP l ALITCIMgC9S4L.lw N.9ASI4,OT'Y' _. 1 J.in �crir9warrEb ,,,_, 6/10/2014 6/10/20 L'5 ,., F C)DLY t)RY ,Per nr nw J$ t ".. r AUTO �ACP Iu.aIT"JL1l.�u(t ".D ACP 7S4:1005�i0 6'/187/2 :015 6/1.0/2016 BODILY ri.RI +Y(Per�.., S ;aedrnl) :5 F E A4.L �tV"�dT�VIic�N3 � '�E'HE Ju^Ar"aEi.4 � 4C 1 NON C u-IVRED A J'I GS kLy 7S 1 F crr. r Ittry„J,41 UMBRELLA,LIAS � � r N C R f EAd f N 0C G N IlRE Nl E $ EXCESS LIAR E'. A.IM.> M.r N7lM`. .,w,b,t;�Fa,FLsAtr'E r ..,,LjGL7 ..,� $ _. 9N WORKERS COMPENSATION PER RJ "6`N AND,, IEMPLOYE.RS LIASILI "GY YIN. ANY PRd ,JrPkPQpRIF,ARFNFRIEXErkYTPJC •I 01.3 75,_A5 5/1/21.5 5/' EL EAi"F9AC`( lC)EI`J"tt.... •S �..4YTNt },Sk�C CEF a iRu'6P9F R C.yL,L:UN9E rl'� ( f 1W J A r R L 1'?If �E"R`c iE F N°al Gr Y LIMIT 5 'L ��. 000 � Lki1 C' � Ct (Mandatory In NI Ir 1, /2m1� IN ��a des nnbA under I r P I Ww'TC�" �G' EA EMPLOYEE, $ �. , CaESCRIPTd4� N OF OPERA nwis balow DESCRIPTION OF OPERATIONS ICL.ES IACO5RD 10,1, AddIlluuna4 Remarks, Snhedule, array be as died Nt amore sp,'aCe Is required) THE CITY OF BAKERSFIEL , ITS MAYOR, COUNCIL, OFFICERS, AGENTS, EMPLOYERS AND VOLUNTEERS ARE NAMED AS ADDITIONAL INSUREDS, AS REQUIRED BY WRITTEN CONTRACT, PER CG2038 (04/13) . BLANKET WAIVER OF SUBROGATION APPLIES WITH RESPECT TO GENERAL LIABILITY, AS REQUIRED BY WRITTEN CONTRACT, PER CG2404 (05109). WAIVER OF SUBROGATION APPLIES WITH RESPECT TO WORKERS" COMPENSATION PER FORM 10217. CERTIRCATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE. CTT "5C CyA AST{ 5E IEI«1 THE EXPIRATION CIATE THEREOF, NOTICE WILL p E DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1501 TR.0 T AVE' E EAXE'R.SFIELLR, C.A 93302 AL9TNRT.,RIZELI REPRESENTATIVE E a :i,.0 �42'irJF.t88,77N 1988-2014 ACORD CORPORATION. Add rights reserved. ACC D 25 (2014)0l) The ACORD nam ne and iogo are regIdstered marks of ACORD rmti.a '77 r- IN 2�sY;,R'Irai'� 11/1$/15 CCAGENDA PACKET FAG 159 COMMERCiAL GENERAL LIABILITY GG 20 38 04 13 P PLEASE READ IT CAREFULLY, THIIS ENDORSEMENT CHANGES THE OLICY� ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS FOR OTHER PARTIES WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL 1-111ABUTY COVERAGE PART A, Section 11 - Who is An lnsured is amended to include as an additional insured: t. Any person or organization for whorn, you are performing operations when you and such person or organization have agreed in writing in, a contract or agreement that such person or organization be added" as an addiflonall insured or, your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such persons) or organization(s) is an additional insured only with respect to liability for "bodilly injury", "property damage" or "personal and advertising;, injury" caused, In whole or in part, by.: a. Your acts or omissions; or b. The acts or oirhissions, of those acting on your behalf; in the performance of your ongoing operations for the additional insureds. However, the insurance afforded to such additional linSUred described above: a, Only applies to the extent permitted by law; and b. Will not be broader than that which You are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this end0TSernent ends when your operations for the person or organization described in Paragraph 1. above are cornpleted. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damagile" or " "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions,, reports, surveys„ field orders, change orders or drawings and specifications;, or b, Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodfly injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. 2. "Bodily injury" or "propierty damage" Occurring after; a. AM work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of tir)e covered operations has been cornpleted or Cc) Insurance Services office, Inc.„ 20,12 cywiPLIT F 11/18/15 CC A GEN PACKET PG 160 That portion of "your work" out of whiich the injury or darnage arls,es has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project, C. With respect to the insurance afforded to these additional lnsureds� the following is added to Section, III - Limits Of Insurance' The most we Will Pay on behalf of the: additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.I.; or fflgl�� 2. Available Under the applicable Limits of lnsuirance shown in the Declaratio,nsn whichever is less. This endorsement shall not increase, the applicab4e, Limits Of dnSUirance shown in the Declarations. 0 Insurance Services Office, Inc., 2012 N�' r-YMBIT E 11/18/15 CC A GEN PACKET PG 161 POLICY NUMBER SF14CGLO146821C CG 24 04 Or, WAIVER OF TRANSFER OF RIGHTS O,F RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the foilowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROD UCTSICOMPLE"QED OPERATIONS LIABILITY COVERAGE PART Name Of Person Or Organizatiom Any person or organization when YOU and such person or organization have agreed in writing in a contract or agreement that you will waive any right of recovery against such person or organization. Information required to complete this Sohedule, if not shown„ a The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against others To Us of Section IV - Conditions: We waive any right of recovery we may haive agalnst the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or " "your work" done tinder a contract with that person or organization and included in the "products- completed operations hazard'% This waiver applies only to the person or organization shown in the Schedule above. M�r will be shown in the Declarations. 0 insurance Services Office, Inc,, 2008 F:yHiRIT E 11/18/15 CC A GEN PACKET PIS 162 5301 OFFICE PARK DR STE 115 BAKERSFIELD, CA 9i33iOl9 ANYTHING IN THIS POLICY TO: '1.11E CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE ("OMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, CITY OF BAKERSFIELD Vd-IICH MIGHT ARISE BY REASON O,F ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY. ORIOLE HOMES INC IT IS FURTHER AGREED TTlkT THE I14SURED Sl-IALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING TTfE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03%. ADMINISTRATIVE REPORT 1{ MEETING DATE: 11/18/2015 Consent -Agreements I. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/26/2015 WARD: Ward(s) 2, 5 SUBJECT: Design Consultant Agreement with Meyer Civil Engineering, Inc. ($100,918.50) to design two sewer lift stations located at 24th and Oak Streets, and White Lane and Buena Vista Road. STAFF RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: The first project recommended for design replaces the existing sewer lift station located at the northwest corner of 24th and Oak Streets. The station serves the area north and west of the Kern River, primarily around Sillect Avenue. A previous study was conducted to review the condition of this sewer lift station and its conveyance pipelines. The study recommended the replacement of the existing lift station. The lift station includes a wet well type station with submersible pumps that are enclosed inside a block enclosure, as well as modern electrical and instrumentation equipment. Also, the project includes the rehabilitation of the sewer force main pipe. The rehabilitated lift station addresses current operational issues and deficiencies including, frequent maintenance, dated electrical and control equipment, confined space concerns, and maintenance vehicle access. The project is compatible with the proposed 24th Street widening project. The second project recommended for design is located near the northwest corner of White Lane and Buena Vista Road. This existing sewer lift station has an active wet well and an additional inactive wet well that was installed to provide for future capacity. The active wet well is nearing its maximum flow capacity. Also, the flow from the West Ming project area will impact the lift station; therefore, the additional wet well needs to be activated to meet future flow demands. In order to properly function, the additional wet well requires the installation of the appropriate equipment, appurtenances, and instruments. City staff issued a Request for Qualifications /Request for Proposals to interested firms in August 2015. Five firms submitted Statements of Qualifications in September 2015. The Selection Committee, consisting of City staff, reviewed and ranked the firms based upon their qualifications. The top three firms, as identified below, were invited to interview with the Selection Committee and to submit fee proposals in October 2015. 11118115 CC AGENDA PACKET FAG 164 • Meyer Civil Engineering Inc. (Bakersfield, CA) • Provost & Pritchard Engineering Group Inc. (Bakersfield, CA) • Quad Knopf (Bakersfield, CA) After the interview process, Meyer Civil Engineering was ranked highest by the Selection Committee. City staff recommends that the contract be awarded to Meyer Civil Engineering based upon a review of their qualifications and cost proposal. Sufficient funds are budgeted in the Sewer Enterprise Fund for award of this agreement. There is no General Fund impact. ATTACHMENTS: Description Design Consultant Agreement D Exhibit A D Exhibit B Type Agreement Exlh li Ike lit Exlh li Ike lit 11118115 CC A EN A PACKET FAG 16.E AGREEMENT NO. DESIGN CONSULTANT CONTRACT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a chartered City and municipal corporation, ( "CITY" herein), and Meyer Civil Engineering, Inc., a California corporation, ( "DESIGN CONSULTANT" herein). R E C I T A L S WHEREAS, DESIGN CONSULTANT represents, and, if a corporation or partnership all officers thereof, are licensed professionals in engineering, design, or similar professional areas, and holds a professional degree, or degrees, in same; and WHEREAS, DESIGN CONSULTANT acknowledges it is required and represents it does currently have errors and omissions insurance which will protect the City of Bakersfield in the event of professional errors or omissions by the DESIGN CONSULTANT; and WHEREAS, DESIGN CONSULTANT represents it is experienced in the field of design and specifically experienced in the field of sewer lift station rehabilitation; and WHEREAS, the CITY does not have expertise currently on staff to conduct sewer lift station rehabilitation design; and WHEREAS, DESIGN CONSULTANT has reviewed the CITY's project and is satisfied that the DESIGN CONSULTANT understands the requirements of said project; and WHEREAS, CITY has issued a Request for Qualifications ( "RFQ" herein) and Request for Proposals, ( "RFP" herein), which is attached as Exhibit "A" and incorporated herein by reference; and WHEREAS, DESIGN CONSULTANT has submitted a proposal in response to the CITY's Request for Proposal, and said proposal is attached as Exhibit "B" and incorporated herein by referenced; and WHEREAS, DESIGN CONSULTANT represents it is competent to undertake the project set forth in the CITY's Request for Proposal; and DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ E4C7F4D1- A568- 49C3- 9DCF- 5B595CD7F09F \PDFConvert. 4039 .1.Design- Consultant.Agr.docx Updated — March 9, 2015 -- Page 1 of 13 Pages -- 11/18/15 CC ACEN A PACKET FCC 166 WHEREAS, DESIGN CONSULTANT represents it has an adequate number of properly licensed and experienced employees on its staff to accomplish the task set forth in this Agreement; and WHEREAS, the term DESIGN CONSULTANT as used herein includes all officers of any corporation executing this Agreement, NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and DESIGN CONSULTANT mutually agreed as follows: 1. SCOPE OF WORK. DESIGN CONSULTANT shall competently and thoroughly design the project set forth in CITY's RFP and is generally described as follows: Design Services for Sewer Lift Station Rehabilitation: 24th Street at Oak Street: The City of Bakersfield (City) plans to rehabilitate the existing sewer lift station at 24th and Oak Streets, a tri -plex station with a wet - well /dry-well configuration. The facility is located at the northwest corner of 24th and Oak Streets. Sewage is collected from Pierce Road Annexation No. 1 and flows into the lift station via a 15 -inch diameter gravity sewer crossing under the Kern River. The sewer line crossing the river is encased in 33 inches of concrete. The inlet sewer discharges into the wet well, which is approximately 22 feet deep. Three 6 -inch pump suction lines extend from the wet well to three pumps in the adjacent dry well. The lift station discharges through a 10 -inch diameter ductile iron pipe force main into a 15 -inch diameter vitrified clay gravity sewer running southerly in Oak Street. The recommended design is to construct a new lift station in place with cured -in -place pipe method for the rehabilitation of the force main. This option would replace everything between the existing wet well and the downstream manhole at the discharge end of the force main. The lift station would be a wet well type station with submersible pumps enclosed inside a block enclosure with modern electrical and instrumentation equipment. The sewage will need to be pumped through a bypass around the existing lift station while it is demolished and the new lift station constructed. This would require a temporary construction easement parallel to the north side of the existing easement. The easement would be used for the bypass pumping as well as the staging area for construction. The site improvements shall include support facilities as necessary for the complete, proper, and successful operation of the facility. The rehabilitated lift station shall address deficiencies at the site including frequent maintenance, dated electrical and controls equipment, confined space concerns, and maintenance vehicle access issues. All site improvements shall be sized and designed in accordance with the applicable codes and regulations. DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ E4C7F4D1- A568- 49C3- 9DCF- 5B595CD7F09F \PDFConvert. 4039 .1.Design- Consultant.Agr.docx Updated — March 9, 2015 -- Page 2 of 13 Pages -- 11/18/15 CC ACEN A PACKET FCC 167 Design Services for Sewer Lift Station Rehabilitation: White Lane and Buena Vista: The City of Bakersfield (City) plans to rehabilitate the existing sewer lift station at White Lane and Buena Vista, which has an active wet well and a spare inactive well. Both wells are 120" in diameter. The facility is located at the southeast corner of the drainage basin north of White lane approximately a quarter mile west of Buena Vista Road. The current active wet well is nearing maximum flow capacity. The future flow from West Ming will also go to this lift station, increasing the flow. The spare dry well needs to be converted to an active wet well to meet future flow demands. The spare dry well needs all associated equipment, appurtenances, and instrumentation to function as a whole. Both wells should function simultaneously and handle all future flows. The site improvements shall include support facilities as necessary for the complete, proper, and successful operation of the facility. The rehabilitated lift station shall meet required flow capacity. All site improvements shall be sized and designed in accordance with the applicable codes and regulations. DESIGN CONSULTANT's services shall include all the procedures necessary to properly complete the task DESIGN CONSULTANT has been called upon to perform, whether specifically included in the scope of work or not. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of One Hundred Six Thousand Two Hundred Thirty Dollars ($106,230.00) which shall be itemized, phased, and paid as outlined on Exhibits B: Design Services for Sewer Lift Station Rehabilitation: 24th Street at Oak Street: $42,820.00 for Design Phase (Fixed Fee); $1,760.00 for Bidding Phase (Time & Materials, Not to Exceed); $9,760.00 for Construction Phase (Time & Materials, Not to Exceed)and; $750.00 for Reimbursable Expenses (Time & Materials, Not to Exceed). $55,090.00 Total Design Services for Sewer Lift Station Rehabilitation: White Lane and Buena Vista: $38,870.00 for Design Phase (Fixed Fee); $1,760.00 for Bidding Phase (Time & Materials, Not to Exceed); $9,760.00 for Construction Phase (Time & Materials, Not to Exceed)and; DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ E4C7F4D1- A568- 49C3- 9DCF- 5B595CD7F09F \PDFConvert. 4039 .1.Design- Consultant.Agr.docx Updated — March 9, 2015 -- Page 3 of 13 Pages -- 11118115 CC ACEN A PACKET FCC 168 $750.00 for Reimbursable Expenses (Time & Materials, Not to Exceed). $51,140.00 Total The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. 3. TIME FOR COMPLETION. DESIGN CONSULTANT shall complete all assigned tasks set forth in the scope of work no later than April 30, 2016. 4. PAYMENT PROCEDURE. DESIGN CONSULTANT shall be compensated after receipt of an itemized invoice for the work completed and approved by the CITY in accordance with the terms of this Agreement. Payment by CITY to DESIGN CONSULTANT shall be made within thirty (30) days after receipt and approval by CITY of DESIGN CONSULTANT's itemized invoice; however, where required by the City of Bakersfield Municipal Code, the CITY will withhold a portion of DESIGN CONSULTANT's payment for the time period and purposes set forth therein. 5. STARTING WORK. DESIGN CONSULTANT shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by DESIGN CONSULTANT and CITY. 6. CONTRACT ADMINISTRATOR. The Contract Administrator for the CITY is: Name: Navdip Grewal City of Bakersfield 1600 Truxtun Avenue Bakersfield, California 93301 Telephone: (661) 326 -3361 DESIGN CONSULTANT's Project Manager shall be designated as: Richard Meyer Meyer Civil Engineering, Inc. 110 S. Montclair Street, Suite 104 Bakersfield, CA 93309 Telephone: (661)836 -9834 The Contract Administrator and the Project Manager shall be the primary contact persons for CITY and DESIGN CONSULTANT. It is expressly understood that only the CITY may approve modifications to the contract, and all such modifications must be in writing and approved by the appropriate procedures set forth in the Bakersfield Municipal Code. DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ E4C7F4D1- A568- 49C3- 9DCF- 5B595CD7F09F \PDFConvert. 4039 .1.Design- Consultant.Agr.docx Updated — March 9, 2015 -- Page 4 of 13 Pages -- 11/18/15 CC ACEN A PACKET FCC 169 7. KEY PERSONNEL. At request of CITY, DESIGN CONSULTANT shall name all key personnel to be assigned to the work set forth herein. All key personnel shall be properly licensed and experienced for the work to be performed under this Agreement. DESIGN CONSULTANT shall provide background for each of the key personnel including, without limitation, resumes and work experience in the type of work called for herein. CITY reserves the right to approve key personnel. Once the key personnel are approved DESIGN CONSULTANT shall not change such personnel without the written approval of CITY. 8. DIRECTION. DESIGN CONSULTANT retains the right to control or direct the manner in which the services described herein are performed. 9. EQUIPMENT. DESIGN CONSULTANT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 10. CONFLICTS OF INTEREST. DESIGN CONSULTANT stipulates that corporately, or individually, the firm, its employees and subconsultants do not have, and in the future will not have, financial interest in either the success or failure of any project which is dependent upon the result of the work prepared pursuant to this Agreement or which may be constructed as a result of this Agreement. 10.1 If this Agreement involves the design of a project which is the subject of a Cooperative Agreement between CITY and the California Department of Transportation (CalTrans), DESIGN CONSULTANT stipulates that corporately, or individually, the firm, its employees and subconsultants are not currently, and in the future, will not be, employed by or under contract to any contractor who may be awarded the contract to construct the project. 11. NO CITY INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement, (California Government Code 1090). 12. ACCEPTANCE OF WORK. The acceptance of work or payment forwork by CITY shall not constitute a waiver of any portion or any provision of this Agreement. 13. LICENSES. DESIGN CONSULTANT shall, at DESIGN CONSULTANT's sole cost and expense, have at the time of bidding or proposal submission and shall keep in full force and effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for DESIGN CONSULTANT to practice its profession in the State of California. DESIGN CONSULTANT, if a corporation or partnership, shall at the time of bid or proposal submission, submit proof satisfactory to CITY that all appropriate corporate officers or partners are properly licensed professionals and that all employees or subcontractors assigned DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ E4C7F4D1- A568- 49C3- 9DCF- 5B595CD7F09F \PDFConvert. 4039 .1.Design- Consultant.Agr.docx Updated — March 9, 2015 -- Page 5 of 13 Pages -- 11/18/15 CC ACEN A PACKET FCC 17 to perform professional work on the project or task set forth in the Scope of Work are properly licensed. In any professional consulting firm, all key employees who are involved in providing advice to CITY shall have no less than a four year college degree in the appropriate field of study as determined by CITY. DESIGN CONSULTANT shall submit proof of same to CITY upon bid or proposal submission. 14. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 15. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 16. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. 17. TERM. Unless terminated sooner asset forth herein this Agreement shall terminate on June 30, 2017. 18. TERMINATION FOR CAUSE. If at any time CITY becomes dissatisfied with the performance of DESIGN CONSULTANT under this Agreement, CITY may terminate this Agreement on ten (10) days written notice. Written notice shall be given pursuant to the notices paragraph of this Agreement. 19. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD City Hall 1600 Truxtun Avenue Bakersfield, California, 93301 DESIGN CONSULTANT: Meyer Civil Engineering, Inc. 110 S. Montclair Street, Suite 104 Bakersfield, CA 93309 DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ E4C7F4D1- A568- 49C3- 9DCF- 5B595CD7F09F \PDFConvert. 4039 .1.Design- Consultant.Agr.docx Updated — March 9, 2015 -- Page 6 of 13 Pages -- 11/18/15 CC ACEN A PACKET FCC 171 20. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. 21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 22. MERGER AND MODIFICATION. This Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 23. COMPLIANCE WITH ALL LAWS. DESIGN CONSULTANT shall, at DESIGN CONSULTANT's sole cost, comply with all applicable requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. In the event of changes in such authority which require a material change in DESIGN CONSULTANT's scope of work or schedule, subject to mutual agreement, such changes shall be considered additional services. 24. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ E4C7F4D1- A568- 49C3- 9DCF- 5B595CD7F09F \PDFConvert. 4039 .1.Design- Consultant.Agr.docx Updated — March 9, 2015 -- Page 7 of 13 Pages -- 11/18/15 CC ACEN A PACKET FCC 172 Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 25. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of DESIGN CONSULTANT as an independent contractor. DESIGN CONSULTANT is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with DESIGN CONSULTANT other than that of an independent contractor. 26.1 DESIGN CONSULTANT shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, arising from DESIGN CONSULTANT's negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative orjudicial tribunals of any kind whatsoever, arising out of, connected with, or caused by DESIGN CONSULTANT, DESIGN CONSULTANT's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 26.2 If the provisions of Civil Code Section 2782.8 are applicable to this Agreement, the DESIGN CONSULTANT shall indemnify, defend and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands, against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness, orwillful misconduct of DESIGN CONSULTANT. 27. INSURANCE. In addition to any other insurance or bond required under this Agreement, the DESIGN CONSULTANT shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements" herein): 27.1 Professional liability insurance, providing coverage on claims made basis for errors and omissions with limits of not less than One Million Dollars ($1,000,000) aggregate; and 27.2 Automobile liability insurance, providing coverage on an DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ E4C7F4D1- A568- 49C3- 9DCF- 5B595CD7F09F \PDFConvert. 4039 .1.Design- Consultant.Agr.docx Updated — March 9, 2015 -- Page 8 of 13 Pages -- 11/18/15 CC ACEN A PACKET FCC 173 occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 27.2.1 Provide coverage for owned, non -owned and hired autos. 27.3 Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 27.3.1 Provide contractual liability coverage for the terms of this Agreement. 27.3.2 Provide unlimited products and completed operations coverage. 27.3.3 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. 27.3.4 All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, DESIGN CONSULTANT may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self- Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 27.4 Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. 27.5 Except for professional liability, all policies required of the DESIGN CONSULTANT shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ E4C7F4D1- A568- 49C3- 9DCF- 5B595CD7F09F \PDFConvert. 4039 .1.Design- Consultant.Agr.docx Updated — March 9, 2015 -- Page 9 of 13 Pages -- 11/18/15 CC ACEN A PACKET FCC 17 maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the DESIGN CONSULTANT's insurance and shall not contribute with it. 27.6 Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 27.7 Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 27.8 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 27.9 The DESIGN CONSULTANT shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. 27.10 Full compensation for all premiums which the DESIGN CONSULTANT is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 27.11 It is further understood and agreed by the DESIGN CONSULTANT that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the DESIGN CONSULTANT in connection with this Agreement. 27.12 Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" setforth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for DESIGN CONSULTANT. 28. THIRD PARTY CLAIMS. In the case of public works contracts CITY will timely notify DESIGN CONSULTANT of third party claims relating to this contract. CITY DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ E4C7F4D1- A568- 49C3- 9DCF- 5B595CD7F09F \PDFConvert. 4039 .1.Design- Consultant.Agr.docx Updated — March 9, 2015 -- Page 10 of 13 Pages -- 11/18/15 CC ACEN A PACKET FCC 175 shall be allowed to recover from DESIGN CONSULTANT, and DESIGN CONSULTANT shall pay on demand, all costs of notification. 29. ACCOUNTING RECORDS. DESIGN CONSULTANT shall maintain accurate records, including but not limited to accounting records, and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at DESIGN CONSULTANT's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 30. CONFIDENTIALITY. During the term of this Agreement, DESIGN CONSULTANT may have disclosed to it information of a legal and confidential nature, and such information could severely damage CITY if disclosed to outside parties. Except as otherwise required by law, when informed that information is confidential, DESIGN CONSULTANT will not disclose to any person, directly or indirectly, either during the term of this Agreement or at any time thereafter, any such information or use such information other than as necessary in the course of this Agreement. All documents DESIGN CONSULTANT prepares and confidential information given to DESIGN CONSULTANT under this Agreement are the exclusive property of the CITY. Under no circumstances shall any such information or documents be removed from the CITY without the CITY's prior written consent. 31. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by DESIGN CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 32. TAX NUMBERS. DESIGN CONSULTANT's Federal Tax Identification No. 26- 0060350. DESIGN CONSULTANT is a corporation? Yes X No (Please check one) 33. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 34. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 35. NEWS RELEASES /INTERVIEWS. All news releases, media interviews, DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ E4C7F4D1- A568- 49C3- 9DCF- 5B595CD7F09F \PDFConvert. 4039 .1.Design- Consultant.Agr.docx Updated — March 9, 2015 -- Page 11 of 13 Pages -- 11/18/15 CC ACEN A PACKET FCC 176 testimony at hearings and public comments relating to this Agreement by DESIGN CONSULTANT shall be prohibited unless authorized by the CITY. 36. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ E4C7F4D1- A568- 49C3- 9DCF- 5B595CD7F09F \PDFConvert. 4039 .1.Design- Consultant.Agr.docx Updated — March 9, 2015 -- Page 12 of 13 Pages -- 11/18/15 CC ACEN A PACKET FCC 177 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. "CITY" CITY OF BAKERSFIELD HARVEY L. HALL, Mayor APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney II Insurance: COUNTERSIGNED: NELSON SMITH Finance Director Attachments: Exhibit "A" & "B" "DESIGN CONSULTANT" MEYER CIVIL ENGINEERING INC. LIN Type or Print Name: Title: DESIGN CONSULTANT AGREEMENT C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp\ NVDC\ E4C7F4D1- A568- 49C3- 9DCF- 5B595CD7F09F \PDFConvert. 4039 .1.Design- Consultant.Agr.docx Updated — March 9, 2015 -- Page 13 of 13 Pages -- 11/18/15 CC ACEN A PACKET FCC 178 EXHIBIT A I3AKEh REQUEST FOR FEE PROPOSAL (RFP) CORPORgTO d Design Services for Sewer Lift Station Rehabilitation: 24th Street at Oak Street tail oR�� Sewer Lift Station Rehabilitation: White Lane and Buena Vista Bakersfield, California October 9, 2015 Firms wishing to be considered for this project should thoroughly read this RFP. A fee proposal submitted in response to this RFP must include all of the work elements listed in the Scope of Work section of this RFP. In addition, the fee proposal must be in the format as described in the Project Fee Proposal of this RFP. SECTION 1: GENERAL PROJECT DESCRIPTION (SEWER LIFT STATION REHABILITATION: 24TH STREET AT OAK STREET) The City of Bakersfield (City) plans to rehabilitate the existing sewer lift station at 24th and Oak Streets, a tri -plex station with a wet -well /dry -well configuration. The facility is located at the northwest corner of 24th and Oak Streets. Sewage is collected from Pierce Road Annexation No. 1 and flows into the lift station via a 15 -inch diameter gravity sewer crossing under the Kern River. The sewer line crossing the river is encased in 33 inches of concrete. The inlet sewer discharges into the wet well, which is approximately 22 feet deep. Three 6 -inch pump suction lines extend from the wet well to three pumps in the adjacent dry well. The lift station discharges through a 10 -inch diameter ductile iron pipe force main into a 15 -inch diameter vitrified clay gravity sewer running southerly in Oak Street. The recommended design is to construct a new lift station in place with cured -in -place pipe method for the rehabilitation of the force main. This option would replace everything between the existing wet well and the downstream manhole at the discharge end of the force main. The lift station would be a wet well type station with submersible pumps enclosed inside a block enclosure with modern electrical and instrumentation equipment. The sewage will need to be pumped through a bypass around the existing lift station while it is demolished and the new lift station constructed. This would require a temporary construction easement parallel to the north side of the existing easement. The easement would be used for the bypass pumping as well as the staging area for construction. The site improvements shall include support facilities as necessary for the complete, proper, and successful operation of the facility. The rehabilitated lift station shall address deficiencies at the site including frequent maintenance, dated electrical and controls equipment, confined space concerns, and maintenance vehicle access issues. All site improvements shall be sized and designed in accordance with the applicable codes and regulations. The City plans to enter into an agreement for design services with a consultant, teamed with appropriate subconsultants if needed, which has documented experience in planning, designing, and preparing construction documents for comparable facilities, and is capable of providing all necessary services for the Scope of Work as described in this RFP. For the purpose of this project, the following definitions shall apply: OWNER is the City of Bakersfield. Staff from the Design Engineering Division and Streets Division of the Public Works Department and shall be the Owner's Representatives. PROPOSER is a firm which submits a Fee Proposal in response to this RFP. CONSULTANT is the firm hired by the City to provide the services described in this RFP. LOCAL REGULATORY AGENCY refers to all Sections, Divisions, and Departments of the City of Bakersfield that are charged with the review and approval of this type of development project within the city limits. sAprojects \2008 - 2009 \e9k107 -sewer lift station 24th -oak street \consultants \two step process \second step documents \1 request for fee proposal.docx Page 1 of 7 11/18/15 CC A GENDA PA CET PG 179 STATE REGULATORY AGENCY refers to all State of California agencies that might have jurisdiction over the project design and /or construction. FEDERAL REGULATORY AGENCY refers to all United States of America federal agencies that might have jurisdiction over the project design and /or construction. SECTION 2. SERVICES TO BE PROVIDED BY THE CONSULTANT (SCOPE OF WORK) (SEWER LIFT STATION REHABILITATION: 24 TH STREET AT OAK STREET) The CONSULTANT's team shall include appropriately licensed professional staff to provide all services necessary for the design of this project, preparation of construction documents and preparation of other documents for this project, including but not limited to, 1. geotechnical studies; 2. planning and design of all facilities for the Sewer Lift Station; 3. civil engineering design of all site improvement components; 4. structural engineering design of all project components; 5. electrical engineering design of all project components; and 6. mechanical and plumbing engineering design of all project components CONSULTANT shall provide services generally described as follows: 1. General Review the Feasibility Study of Sewer Lift Station at 24th and Oak Streets, which has been prepared by AECOM. The recommended option is Alternative 2 — Option 1. The City will provide a copy of the Feasibility Study to the CONSULTANT. The City makes no guarantee as to the accuracy of the Feasibility Study. 2. Design Development Phase: - Evaluate and modify as appropriate the proposed concept plan, Alternative 2 — Option 1, proposed in the Feasibility Study for Sewer Lift Station at 24th and Oak Streets. - Conduct land boundary and topographic surveying. Prepare base map showing the topographic and physical features around the proposed sewer lift station improvements. - Coordinate with utility companies throughout the design phase as required, and apply for new service as needed. - Prepare and complete plans, specifications, cost estimates, construction contract documents, supporting design calculations, reports, correspondence, and other digital (pdf) and hard copy documents. Project design and specifications shall meet the standards and requirements of the City, conform to the current Federal and State regulations, and meet recognized design standards, including those of the California Department of Transportation. - Incorporate comments received from the City of Bakersfield's review into the civil plans and include at each applicable deliverable. - Other services which may be necessary for the completion of the design, including acquisition of permits and licenses, determination of the flow rates, and geotechnical investigation. - Note: Consultant shall coordinate work with City's SCADA contractor to ensure all aspects of the project are met. 3. Bidding Phase: Assist City Staff in acquiring bids. Assist City in responding to bidders' questions, preparing addendums, and any additional constructability reviews (RFI's) as required by the City. Prepare modifications to the plans and /or specifications as necessary to support the sAprojects \2008 - 2009 \e9k107 -sewer lift station 24th -oak street \consultants \two step process \second step documents \1 request for fee proposal.docx Page 2 of 7 11118115 CCAGENDA PACKETPG 180 preparation and issuance of any addendums. Facilitate pre -bid meeting, and any information required for bid opening. 4. Construction Phase: - Attend and participate in the pre- construction meeting. - Review submittals, shop drawings and RFI's as requested by the City. - Address construction questions or issues presented by the contractor. - Investigate proposed contract change orders, submit background information, and make a recommendation to the City regarding the necessity of a change order. - Provide clarifications with regards to the intent of the design and answer questions and /or make recommendations to the City inspector during the course of construction. - Provide periodic construction review as requested by the City. - Conduct a punch list near substantial completion, and final job walk. CONSULTANT shall not commence work on subsequent phases or tasks of work until CITY has issued written approval of the previous phase or task documents and a written authorization to proceed with the next phase or task. The CONSULTANT shall execute its work in a timely manner and in accordance with the approved project schedule. The CONSULTANT shall provide all technical skills and studies necessary for successful and complete design of the project. SECTION 3: GENERAL PROJECT DESCRIPTION (SEWER LIFT STATION REHABILITATION: WHITE LANE AND BUENA VISTA) The City of Bakersfield (City) plans to rehabilitate the existing sewer lift station at White Lane and Buena Vista, which has an active wet well and a spare inactive well. Both wells are 96" in diameter. The facility is located at the southeast corner of the drainage basin north of White lane approximately a quarter mile west of Buena Vista Road. The current active wet well is nearing maximum flow capacity. The future flow from West Ming will also go to this lift station, increasing the flow. The spare dry well needs to be converted to an active wet well to meet future flow demands. The spare dry well needs all associated equipment, appurtenances, and instrumentation to function as a whole. Both wells should function simultaneously and handle all future flows. The site improvements shall include support facilities as necessary for the complete, proper, and successful operation of the facility. The rehabilitated lift station shall meet required flow capacity. All site improvements shall be sized and designed in accordance with the applicable codes and regulations. The City plans to enter into an agreement for design services with a consultant, teamed with appropriate subconsultants if needed, which has documented experience in planning, designing, and preparing construction documents for comparable facilities, and is capable of providing all necessary services for the Scope of Work as described in this RFP. For the purpose of this project, the following definitions shall apply OWNER is the City of Bakersfield. Staff from the Design Engineering Division and Streets Division of the Public Works Department shall be the Owner's Representatives. PROPOSER is a firm which submits a Fee Proposal in response to this RFP. CONSULTANT is the firm hired by the City to provide the services described in this RFP. LOCAL REGULATORY AGENCY refers to all Sections, Divisions, and Departments of the City of Bakersfield that are charged with the review and approval of this type of development project within the city limits. sAprojects \2008 - 2009 \e9k107 -sewer lift station 24th -oak street \consultants \two step process \second step documents \1 request for fee proposal.docx Page 3 of 7 11/1$/15 CC A EN A PAC ET T° 181 STATE REGULATORY AGENCY refers to all State of California agencies that might have jurisdiction over the project design and /or construction. FEDERAL REGULATORY AGENCY refers to all United States of America federal agencies that might have jurisdiction over the project design and /or construction. SECTION 4: SERVICES TO BE PROVIDED BY THE CONSULTANT (SCOPE OF WORK) (SEWER LIFT STATION REHABILITATION: WHITE LANE AND BUENA VISTA) The CONSULTANT's team shall include appropriately licensed professional staff to provide all services necessary for the design of this project, preparation of construction documents and preparation of other documents for this project, including but not limited to, 1. geotechnical studies; 2. planning and design of all facilities for the Sewer Lift Station; 3. civil engineering design of all site improvement components; 4. structural engineering design of all project components; 5. electrical engineering design of all project components; and 6. mechanical and plumbing engineering design of all project components; CONSULTANT shall perform the following tasks: General - Review the Plans for Construction of Allen Road Trunk Sewer White Lane Lift Station. The City will provide a copy of the Construction Plans to the CONSULTANT. The City makes no guarantee as to the accuracy of the Construction Plans. Design Development Phase: - Evaluate the construction plans for Allen Road Trunk Sewer White Lane Lift Station. - Conduct land boundary and topographic surveying. Prepare base map showing the topographic and physical features around the proposed sewer lift station improvements. - Coordinate with utility companies throughout the design phase as required and apply for new services as needed. - Prepare and complete plans, specifications, cost estimates, construction contract documents, supporting design calculations, reports, correspondence, and other digital (pdf) and hard copy documents. Project design and specifications shall meet the standards and requirements of the City, conform to the current Federal and State regulations, and meet recognized design standards, including those of the California Department of Transportation. - Incorporate comments received from the City of Bakersfield's review into the civil plans and include at each applicable deliverable. - Other services which may be necessary for the completion of the design, including acquisition of permits and licenses, determination of the flow rates, and geotechnical investigation. - Note: Consultant shall coordinate work with City's SCADA contractor to ensure all aspects of the project are met. Bidding Phase: Assist City Staff in acquiring bids. Assist City in responding to bidders' questions, preparing addendums, and any additional constructability reviews (RFI's) as required by the City. Prepare modifications to the plans and /or specifications as necessary to support the preparation and issuance of any addendums. sAprojects \2008 - 2009 \e9k107 -sewer lift station 24th -oak street \consultants \two step process \second step documents \1 request for fee proposal.docx Page 4 of 7 11118115 CC AGENDA T° C Ei T° 182 Facilitate pre -bid meeting, and any information required for bid opening. Construction Phase: - Attend and participate in the pre- construction meeting. - Review submittals, shop drawings and RFI's as requested by the City. - Address construction questions or issues presented by the contractor. - Investigate proposed contract change orders, submit background information, and make a recommendation to the City regarding the necessity of a change order. - Provide clarifications with regards to the intent of the design and answer questions and /or make recommendations to the City inspector during the course of construction. - Provide periodic construction review as requested by the City. - Conduct a punch list near substantial completion, and final job walk CONSULTANT shall not commence work on subsequent phases or tasks of work until CITY has issued written approval of the previous phase or task documents and a written authorization to proceed with the next phase or task. The CONSULTANT shall execute its work in a timely manner and in accordance with the approved project schedule. The CONSULTANT shall provide all technical skills and studies necessary for successful and complete design of the project. SECTION 5: GENERAL REQUIREMENTS The City plans to enter into two separate agreements (one for Sewer Lift Station Rehabilitation: 24th Street and Oak Street and one for Sewer Lift Station Rehabilitation: White Lane and Buena Vista) for project final design and construction documents with a qualified Consultant, teamed with the appropriate subconsultants, if needed, that has documented and has extensive experience in design of sewer lift stations. That Consultant shall be capable of providing all necessary design services for the Scope of Work as described in this RFP. The CONSULTANTS shall furnish design and related services for the Sewer Lift Station Rehabilitation: 24th Street and Oak Street and Sewer Lift Station Rehabilitation: White Lane and Buena Vista Project. All such work will be coordinated through the City's Project Managers. The CONSULTANT shall be responsible for the design, related approvals, and Final Plans, Specifications & Estimate (PS &E or Construction Documents) for the project. The CONSULTANT's services will include identification of required permits and licenses; topographic survey of the project site; geotechnical investigation; coordination with responsible agencies and parties affected by the construction of the project; and such other services that are necessary for the completion of the Project. Project design shall meet the standards and requirements of the City, conform to current Federal and State regulations, and meet recognized design standards, including those of the California Department of Transportation (Caltrans). All funding for the construction of the project is expected to come from local sources. Coordination with public utilities may be required for the construction of Sewer Lift Station Rehabilitation: 24th Street and Oak Street and Sewer Lift Station Rehabilitation: White Lane and Buena Vista. While the CONSULTANT will be required to coordinate with the owners of the various utility facilities, the actual design of the utility relocation is not part of this scope of work. The City currently anticipates that the PS &E documents will place responsibility for preparation of Dust Control Plan and Stormwater Pollution Prevention Plan (SWPPP) on the Contractor. SECTION 6. ITEMS AND SERVICES TO BE PROVIDED BY THE CITY OF BAKERSFIELD The City will provide overall project management services. The City will provide a general description of the project site, its locations and boundaries. sAprojects \2008 - 2009 \e9k107 -sewer lift station 24th -oak street \consultants \two step process \second step documents \1 request for fee proposal.docx Page 5 of 7 11118115 CC A ENDA PAC ET T° 183 a.J The City will provide copies of City's available record drawings of existing facilities. The City makes no warranty that record drawings for all existing improvements are available. The City will provide all services required to plan, supervise, monitor and finance the project except for those services to be provided by the CONSULTANT as set forth herein above. The City will provide environmental clearance for the project. SECTION 7. PROJECT TIME SCHEDULE Time is of the essence for these projects. The City of Bakersfield will hold interviews on Wednesday, October 21, 2015. The City anticipates awarding both contracts at the November 18 City Council Meeting for Sewer Lift Station Rehabilitation: 24th Street and Oak Street and one for Sewer Lift Station Rehabilitation: White Lane and Buena Vista. The City plans on issuing a notice to proceed by November 20th with the final design and construction documents ready for bidding by April 30tH SECTION 8. PROJECT FEE PROPOSAL All firms being interviewed shall submit a fee proposal based on the Scope of Work described in this RFP. All firms shall submit two separate fee proposals; one for Sewer Lift Station Rehabilitation: 24th Street and Oak Street and one for Sewer Lift Station Rehabilitation: White Lane and Buena Vista. The two separate fee proposals shall be included in one envelope. The fee proposal shall be itemized for the following phases of the project and shall be of the type indicated: A. Design Phase (fixed fee); B. Bidding Phase (time- and - materials, not -to- exceed fee); C. Construction Phase (time- and - materials, not -to- exceed fee); and D. Reimbursable Expenses (time- and - materials, not -to- exceed fee). The fee proposal shall include a statement of the percentage of work, based on fee proposal, that will be performed by personnel from CONSULTANT's local office(s). "Local office" is defined as an office within the metropolitan area of Bakersfield that was being continuously operated by the CONSULTANT or CONSULTANT's subconsultants on the date that the fee proposal for this project is submitted to the CITY. "Personnel from firm's local office" is defined as employees of the CONSULTANT or subconsultants whose primary place of residency is within the metropolitan area of Bakersfield and whose primary place of employment is at the local office. The detailed work associated with each of these Phases is described in the "Services to Be Provided by the CONSULTANT (Scope of Work)" section of this RFP. Request for payment of services shall be billed to the City at the conclusion of each Phase in accordance with CONSULTANT's fee proposal which is submitted in response to this RFP. SECTION 9. SELECTION OF A DESIGN CONSULTANT After interviewing the firms, the City will select a CONSULTANT for each project. The City will enter into an agreement with one CONSULTANT for the Sewer Lift Station Rehabilitation: 24th Street and Oak Street project and another agreement with one CONSULTANT for the Sewer Lift Station Rehabilitation: White Lane and Buena Vista project. Primary selection of a consultant will be based on the interview committee's determination of which firm is most competent and qualified to do the work. Only after this primary selection is made will the fee proposals be opened. The City reserves the right the make a secondary selection of the consultant based on the submitted fee proposals. SECTION 10. SOLICITATION CAVEAT The PROPOSER understands and agrees that the CITY shall have no financial responsibility for any costs incurred by the PROPOSER in responding to this RFP and shall not be liable to any PROPOSER's costs attributed to the design of the project until the PROPOSER has executed a contract with the City of Bakersfield and has been authorized in writing to proceed. The City of Bakersfield reserves the right to terminate this RFP after three days notice to all prospective PROPOSER& sAprojects \2008 - 2009 \e9k107 -sewer lift station 24th -oak street \consultants \two step process \second step documents \1 request for fee proposal.docx Page 6 of 7 11118115 CC AGENDA T° C Ei T° 18 SECTION 11. CONTACTS AT THE CITY OF BAKERSFIELD All questions concerning the project, the submittal of a Fee Proposal and the City's selection of a consultant for this project should be directed to: Louis Sun, Civil Engineer III Public Works Department, City of Bakersfield Second Floor, City Hall Annex 1501 Truxtun Avenue Bakersfield, CA 93301 Fax: 661 - 852 -2120 e -mail: Isun(c)-bakersfieldcity.us sAprojects \2008 - 2009 \e9k107 -sewer lift station 24th -oak street \consultants \two step process \second step documents \1 request for fee proposal.docx Page 7 of 7 11118115 CCAGENDA PACKETPG 185 Request for Qualifications (RFQ) ' Design Services for Sewer Lift Station Rehabilitation: 24th Street and Oak Street Sewer Lift Station Rehabilitation: White Lane and Buena Vista Bakersfield, California August 28, 2015 Firms wishing to be considered for these projects should thoroughly read this RFQ. Information required to be provided in a Statement of Qualifications (SOQ) is detailed in Section 6. Firms submitting an SOQ must do so in accordance with the requirements of Section 8. As required by Section 10, a signed copy of the enclosed sample agreement must be submitted with an SOQ. SECTION 1. GENERAL PROJECT DESCRIPTION AND REQUIREMENTS The City of Bakersfield (City) plans to rehabilitate two separate existing sewer lift stations as follows: 1. The existing sewer lift station at 24th and Oak Streets, a tri -plex station with a wet -well /dry-well configuration. The existing lift station at this location will need to be rehabilitated by constructing a new lift station on -site and demolishing the existing lift station, which will address deficiencies at the site including frequent maintenance, dated electrical and controls equipment, confined space concerns, and maintenance vehicle access issues. 2. The existing sewer lift station at White Lane and Buena Vista, which has a current active wet well and a spare inactive dry well. The current active wet well is nearing maximum flow capacity. The future flow from West Ming will also go to this lift station, increasing the flow. The spare dry well needs to be converted to an active wet well to meet future flow demands. The above indicated project elements are preliminary and are subject to modification based on budget, site parameters, and /or other constraints. Site improvements shall include all work necessary for the complete, proper, and successful rehabilitation of the sewer lift stations at each location. The City plans to enter into two separate agreements with design firms; one for Sewer Lift Station Rehabilitation: 24th Street and Oak Street, and Sewer Lift Station Rehabilitation: White Lane and Buena Vista. The design firms shall include appropriate subconsultants, have documented experience in design of sewer lift stations and be capable of providing all necessary services for the Scope of Work as described in this RFQ. The CONSULTANT's team members working on this project shall be qualified professional staff and shall have the necessary experience, expertise and licenses to complete the project and satisfy all the requirements as described in this RFQ. For the purpose of this project, the following definitions shall apply: OWNER is the Design Section of the Engineering Services Division of the Public Works Department and the Streets Division of the Public Works Department of the City of Bakersfield. PROPOSER is a firm which submits a Statement of Qualifications in response to this RFQ. CONSULTANT is the firm hired by the City to provide the services described in this RFQ. LOCAL REGULATORY AGENCY refers to all Sections, Divisions, and Departments of the City of Bakersfield and the County of Kern that are charged with the review and approval of this type of development project within the city limits. STATE REGULATORY AGENCY refers to all State of California agencies that might have jurisdiction over the project design and /or construction. FEDERAL REGULATORY AGENCY refers to all United States of America federal agencies that might have jurisdiction over the project design and /or construction. \ \sanpub \pubwks \eng\ SHARED \PROJECTS \2008 - 2009 \E9K107 - Sewer Lift Station 24th -Oak Street \consultants \Two Step Process \First Step Documents \_03 Request for Qualifcations.docx 11118115 CCAGENDA PACKETPG 186 RFQ for Design Services for Sewer Lift Station Rehabilitation Page 2 of 7 SECTION 2. SERVICES TO BE PROVIDED BY THE CONSULTANT (SCOPE OF WORK) CONSULTANT shall provide services generally described as follows: 1. General Review the Feasibility Study of Sewer Lift Station at 24th and Oak Streets, which has been prepared by AECOM. The recommended option is Alternative 2 — Option 1. The City will provide a copy of the Feasibility Study to the CONSULTANT. Review the Plans for Construction of Allen Road Trunk Sewer White Lane Lift Station. The City will provide a copy of the Construction Plans to the CONSULTANT. The City makes no guarantee as to the accuracy of the Feasibility Study and Construction Plans. 2. Design Development Phase: - Evaluate and modify as appropriate the proposed concept plan, Alternative 2 — Option 1, proposed in the Feasibility Study for Sewer Lift Station at 24th and Oak Streets. - Evaluate the construction plans for Allen Road Trunk Sewer White Lane Lift Station. - Conduct land boundary and topographic surveying. Prepare base map showing the topographic and physical features around the proposed sewer lift station improvements. - Coordinate with utility companies throughout the design phase as required. - Prepare and complete plans, specifications, cost estimates, construction contracl documents, supporting design calculations, reports, correspondence, and other digital (pdf) and hard copy documents. Project design and specifications shall meet the standards and requirements of the City, conform to the current Federal and State regulations, and meet recognized design standards, including those of the California Department of Transportation. - Incorporate comments received from the City of Bakersfield's review into the civil plans and include at each applicable deliverable. - Other services which may be necessary for the completion of the design, including acquisition of permits and licenses, determination of the flow rates, and geotechnical investigation. 3. Bidding Phase: - Assist City Staff in acquiring bids. - Assist City in responding to bidders' questions, preparing addendums, and any additional constructability reviews (RFI's) as required by the City. - Prepare modifications to the plans and /or specifications as necessary to support the preparation and issuance of any addendums. - Facilitate pre -bid meeting, and any information required for bid opening. 4. Construction Phase: - Attend and participate in the pre- construction meeting. - Review submittals, shop drawings and RFI's as requested by the City. - Address construction questions or issues presented by the contractor. - Investigate proposed contract change orders, submit background information, and make a recommendation to the City regarding the necessity of a change order. - Provide clarifications with regards to the intent of the design and answer questions and /or make recommendations to the City inspector during the course of construction. - Provide periodic construction review as requested by the City. - Conduct a punch list near substantial completion, and final job walk. \ \sanpub \pubwks \eng\ SHARED \PROJECTS \2008 - 2009 \E9K107 - Sewer Lift Station 24th -Oak Street \consultants \Two Step Process \First Step Documents \_03 Request for Qualifcations.docx 11/1$/15 CC A EN A PAC ET T° 187 RFQ for Design Services for Sewer Lift Station Rehabilitation Page 3 of 7 A more definitive Scope of Work will be included in Request for Fee Proposals (RFP) CONSULTANT shall not commence work on subsequent phases or tasks of work until CITY has issued written approval of the previous phase or task documents and a written authorization to proceed with the next phase or task. The CONSULTANT shall execute its work in a timely manner and in accordance with the approved project schedule. The CONSULTANT shall provide all technical skills and studies necessary for successful and complete design of the project. SECTION 3. ITEMS AND SERVICES TO BE PROVIDED BY THE CITY OF BAKERSFIELD The City will provide copies of City's available record drawings of existing facilities. The City makes no warranty that record drawings for all existing improvements are available. The City will provide all services required to plan, supervise, monitor and finance the project except for those services to be provided by the CONSULTANT as set forth herein above. The City will provide environmental clearance for the project. SECTION 4. PROJECT TIME SCHEDULE. The CONSULTANT shall execute its work in a timely manner in order to complete the design within the specified time frame for the project. Construction documents shall be prepared by Summer 2016. A more definitive time schedule will be included in the subsequently issued RFP. SECTION 5. CONSULTANT'S TEAM The CONSULTANT shall assign a qualified, design professional as Project Manager to direct and oversee the CONSULTANT's work on all phases of this project. The CONSULTANT's staff working on this project shall be qualified professional staff and shall have the necessary experience, expertise and licenses to complete the project design and satisfy all the requirements as described in this RFQ. At a minimum, the CONSULTANT's team shall include the following: A design professional who holds a Civil Engineer license issued by the State of California acting as Project Manager as defined above; A professional designer who holds a Civil Engineer license issued by the State of California, and has extensive experience in designing comparable facilities; and All other professionals as necessary to complete the CONSULTANT's Scope of Work for this project. Those other professionals shall also hold current licenses issued by the State of California. SECTION 6. STATEMENT OF QUALIFICATIONS All interested firms (PROPOSER's) shall submit a Statement of Qualifications (SOQ) which shall contain at a minimum the following information: \ \sanpub \pubwks \eng\ SHARED \PROJECTS \2008 - 2009 \E9K107 - Sewer Lift Station 24th -Oak Street \consultants \Two Step Process \First Step Documents \_03 Request for Qualifcations.docx 11118115 CC A ENDA PAC ET T° 188 RFQ for Design Services for Sewer Lift Station Rehabilitation Page 4 of 7 1. A statement of PROPOSER's management principles, procedures and how they will be applied to this project in regards to: Development of a project design schedule and adhering to that schedule; Establishment of a cooperative relationship with the City, any other consultants hired by the City and the City's construction contractor; and Complete and successful performance of all tasks assigned to the CONSULTANT. 2. Name and relevant experience of PROPOSER's principals who will be responsible for the project. 3. Name and relevant experience of PROPOSER's key personnel who will work on the project. 4. A list of all current projects, including the amount of PROPOSER's resources allocated to those projects and the completion date of PROPOSER's work at that level of allocation. A similar list shall be provided for each of PROPOSER's subconsultants. 5. A list of comparable projects on which PROPOSER has been involved during the past five years. The list should include at least four different clients and should provide the following information for each project: Project title, location and description including size of the project; Nature of PROPOSER's responsibility; Start and end dates of PROPOSER's involvement in the project; Names of PROPOSER's key personnel involved in the project; Total dollar amount of PROPOSER's contract; Name, address and phone number of the project owner; Name and address of PROPOSER's client if different from the project owner; and Name and phone number of contact person at PROPOSER's client's office. 6. A statement of PROPOSER's approach in designing a project within the allocated time schedule and project budget. Include examples of how this approach was proven effective in past projects for the City or other governmental agencies. 7. A statement of why PROPOSER believes it should be selected for this project. 8. A list of all subconsultants that PROPOSER will be utilizing on this project. This list shall include the following information for each proposed subconsultant: Name, address, and phone number for subconsultant's office that will be performing work on the project; Name and relevant experience for subconsultant's key employees that will be working on this project; Description of work that the subconsultant will perform on the project; and A list of all current projects, including the amount of the subconsultant's resources allocated to those projects and the completion date of subconsultant's work at that level of allocation. If the PROPOSER has multiple offices and proposes to utilize staff from multiple offices for this project, then the following shall apply in regards to this listing of subconsultants: The office submitting an SOQ for PROPOSER shall be considered the CONSULTANT. All other offices of PROPOSER shall be considered subconsultants and shall be included in the subconsultants listing. \ \sanpub \pubwks \eng\ SHARED \PROJECTS \2008 - 2009 \E9K107 - Sewer Lift Station 24th -Oak Street \consultants \Two Step Process \First Step Documents \_03 Request for Qualifcations.docx 11118115 CCAGENDA PACKETPG 189 RFQ for Design Services for Sewer Lift Station Rehabilitation Page 5 of 7 9. A list of PROPOSER's claims history since January 1, 2010: 9.1.A list of all claims, demands for arbitration and /or law suits filed by PROPOSER, predecessor companies or company officers against project owners or their agents. This list shall include the following information for each claim: Name of project owner; Project completion date; Basis for claim; Claim or suit amount; Current status; and Award or settlement amount. 9.2. A list of all claims, demands for arbitration and /or law suits filed by project owners, their agents or subconsultants against PROPOSER, predecessor companies, its agents or bonding company in connection with PROPOSER, its officers, its agents or bonding company. This list shall include the following information for each claim: Name of project owner; Project completion date; Basis for claim; Claim or suit amount; Current status; and Award or settlement amount. 10. A statement of PROPOSER's current insurance coverage signed by a company official. The City requires a minimum of One Million Dollars ($1,000,000) Professional Liability Insurance, Automobile Liability Insurance, General Liability Insurance, and Workers' Compensation Insurance. If the current coverage does not meet the City's minimum requirements, a statement of PROPOSER's ability and intent to obtain the required coverage must be included. Do not submit a certificate of insurance in lieu of this statement. SECTION 7. SUBMITTAL OF STATEMENT OF QUALIFICATIONS Firms responding to this RFQ must include the following items in their submittal package: 1. Five (5) copies of PROPOSER's SOQ; 2. One copy of the completed "General Information Sheet" (Attachment RFQ -1) signed by a company official; and 3. One signed copy of the Draft Design Consultant Agreement for this project (refer to Section 10, "CONTRACT DOCUMENTS ", of this RFQ). The submittal items must be placed into a sealed envelope bearing PROPOSER's name and the words "Statement of Qualifications for Design Services for Sewer Lift Station Rehabilitation: 24th Street and Oak Street Sewer Lift Station Rehabilitation: White Lane and Buena Vista Bakersfield, California ". \ \sanpub \pubwks \eng\ SHARED \PROJECTS \2008 - 2009 \E9K107 - Sewer Lift Station 24th -Oak Street \consultants \Two Step Process \First Step Documents \_03 Request for Qualifcations.docx 11/18/15 CC A GENDA PAC ET T° 19 0 RFQ for Design Services for Sewer Lift Station Rehabilitation Page 6 of 7 Before the date and time stated in the Notice to Design Firms, the submittal package must be delivered to: Louis Sun, Civil Engineer III Public Works Department, City of Bakersfield Second Floor, City Hall Annex 1501 Truxtun Avenue, Bakersfield, California, 93301. The City assumes no responsibility for non - receipt of submittal packages due to any delay, including, but not limited to, carrier delay. It is the PROPOSER's responsibility to meet the deadline stated above. Submittals which do not contain the required number of copies and all the information requested in this RFQ may be considered non - responsive and rejected without evaluation. Submittals received after the deadline or at the wrong location will be considered non - responsive. Copies sent via facsimile, e-mail or any other electronic format will not be accepted. SECTION 8. SELECTION OF CONSULTANT Firms submitting a Statement of Qualifications (SOQ) for this project must provide in their submittal, verifiable evidence demonstrating that they have considerable current and past experience in providing the services necessary for this project, as described in the "General Project Description" and Requirements section and "Services to Be Provided by the CONSULTANT (Scope of Work)" section of this RFQ. The City will evaluate the PROPOSERs based on the following items: 1. The information contained in PROPOSERS SOQ submitted in response to this RFQ. The City's evaluation of this information will be based, at least in part, on the requirements for the SOQ set forth elsewhere in this RFQ. 2. PROPOSERS ability to understand the project requirements as it may be revealed in their proposed method and procedure of study, goals and objectives, and their approach to the project. 3. Comments received from the City's reference checks. 4. PROPOSERS submittal and subjective statements. After reviewing the SOQ's submitted by interested firms, the City will develop a "short list" of firms to be invited to an interview and to prepare a fee proposal. The City anticipates that interviews of the "short listed" firms will occur within six weeks after submittal of SOQ's. Upon completion of the interviews, the "short listed" firms will be ranked by qualifications. Then an evaluation of the fee proposals submitted at the interviews will be used as secondary consideration in selecting a CONSULTANT for the project. The submission of a fee proposal shall be conclusive evidence that the PROPOSER and its subconsultants have investigated and satisfied themselves as to the conditions to be encountered, the character, quality and scope of work to be performed, and any municipal and ordinance requirements of the City of Bakersfield. SECTION 9. SOLICITATION CAVEAT The PROPOSER and its subconsultants understand and agree that the City of Bakersfield shall have no financial responsibility for any costs incurred by the PROPOSER and its subconsultants in responding to this Request for Qualifications and shall not be liable for any PROPOSER or its subconsultants costs attributed to their own study and investigation or design of a specific project until PROPOSER has executed a contract with the City of Bakersfield and has been authorized in writing to proceed. The City of Bakersfield reserves the right to terminate this Request for Qualifications after three (3) days notice to all prospective PROPOSERS. \ \sanpub \pubwks \eng\ SHARED \PROJECTS \2008 - 2009 \E9K107 - Sewer Lift Station 24th -Oak Street \consultants \Two Step Process \First Step Documents \_03 Request for Qualifcations.docx 11/18/15 CC A GENDA PA C Ei PG 191 RFQ for Design Services for Sewer Lift Station Rehabilitation SECTION 10. CONTRACT DOCUMENTS Page 7 of 7 A sample copy of the City's DESIGN CONSULTANT CONTRACT is included with this RFQ as Attachment RFQ -2. Please review the agreement carefully. This is the contract the CONSULTANT will be expected to execute without alteration. If any changes are desired, the firm must submit a copy of the requested modifications to the City for approval at least ten (10) calendar days prior to the date that SOQs are due. If approved, the City will then issue the changes to all prospective PROPOSERs prior to the due date. As part of its submittal package, an officer of the firm must sign and return a copy of the sample agreement. The signature indicates that the firm accepts the clauses of the contract, including the indemnity clause, as stated in the enclosed sample copy of the City's agreement and any modifications thereto issued by the City during this solicitation of SOQs. An "Acknowledgment Line" which reads as the following will be found below the signature line of the draft agreement. The officer must review the sample agreement carefully prior to signing the draft agreement. "PROPOSER's ACKNOWLEDGEMENT: "I have received and reviewed the sample DESIGN CONSULTANT'S AGREEMENT CONTRACT including the INDEMNITY clause which was sent to me with the City's RFQ. My signature below shall signify our firm's acceptance of said contract if our firm is selected for awarding a contract for the project as described in said RFQ. This acceptance is made with the understanding that the "Compensation" and "Time for Completion" clauses will be modified to contain the amounts and dates established for this contract." The Consultant shall not be allowed to alter or negotiate contract language after the submittal of Consultant's Statement of Qualifications. Failure to execute the contract without alteration may result in the rejection of the Consultant's proposal and the retaining of a different consultant by the City. At the time of contract execution, the Consultant will be required to provide evidence of insurance coverage (Certificates of Insurance) as specified in the agreement. SECTION 11. CONTACTS AT THE CITY OF BAKERSFIELD All questions concerning the project, the submittal of a Statement of Qualifications, the City's review and evaluation of the SOQ's, and the City's selection of a consultant for this project should be submitted in writing and directed to: Louis Sun, Civil Engineer III Public Works Department, City of Bakersfield Second Floor, City Hall Annex 1501 Truxtun Avenue Bakersfield, CA 93301 Fax: 661 - 852 -2120 e -mail: Isuna- bakersfieldcity.us SECTION 12. ATTACHMENTS TO THIS RFQ The following documents are attachments to this RFQ: Attachment RFQ -1, "General Information Sheet ". Attachment RFQ -2, "Sample Agreement ". Attachment RFQ -3, "Feasibility Study of Sewer Lift Station at 24th and Oak Streets ". Attachment RFQ -4. "Plans for Construction of Allen Road Trunk Sewer White Lane Lift Station ". \ \sanpub \pubwks \eng\ SHARED \PROJECTS \2008 - 2009 \E9K107 - Sewer Lift Station 24th -Oak Street \consultants \Two Step Process \First Step Documents \_03 Request for Qualifcations.docx 11/18/15 CC A GENDA PA C Ei PG 192 EXHIBIT B M Eeyer- .. ... CM1 Eli, rig ineenng, hic, 110 S, McinR�tIR4 Street - Suite 104, Bake� sfie , CA �)�'M9 A.A.A.A.A,,O.Al R, ione ffi � 836 9834 FAX 66 1 �',M-9 761 October 21, 21015 Mr. Navdip Grewal, CE IV City of Bakersfield, Department of Public Works 1600 Truxtun Avenue Bakersfield, CA 93301 In regard to: Proposal for Design and Construction Services for Sewer Lift Station Rehabilitation: 2411 Street and Oak Street Dear Mr. Grewal, I am pleased to provide this proposal for professional engineering services for the rehabilitation of the lift station at 241" Street and Oak Street. Scope of Services: Meyer Civil Engineering, Inc. will provide professional engineering services and the specified documents listed under the sections entitled Design Development Phase, Bidding Phase and Construction Phase in accordance with Section 2: Services to be Provided by the Consultant (Scope of Work) (Sewer Lift Station Rehabilitation. 24111 Street at Oak Street) in the Request for Fee Proposal (RFP) dated October 9, 2015. Schedule: Meyer Civil Engineering, Inc. will begin work immediately after receipt of signed authorization and will deliver the final design and construction documents ready for bidding by April 30, 2016. Cost of Services: Meyer Civil Engineering, Inc. will perform the above described work for the following amounts: Service ...... 1�'ee Fee Amount jxpe A. Design Phase Fixed $42,820.00 B. Bidding Plus.,..... e Time & Materials, Not to.Excecd $1,760.00 C. Construction Phase Time & Materials, Not to Exceed D. Reimbursable ExpcpscsL Time & Materials, Not to Exceed $750.00 $55','090.00 Assignment of Work: The percentage of work performed by Meyer Civil Engineering, Inc, and its subconsultants based upon fee is as follows: Name Role Percentage Local Employees of Fee Office are Local Residents Meyer Civil Ena�je��An Consultant 79% Yes Yes Soils Engineerin�, Inc. Geotechnical Subconsultant 6% Yes Yes hacl Louden Electrical Subconsultant 15% Yes —'Y'-es 100% of the work will be performed by firms who only have offices located within the City of Bakersfield metropolitan area. NACOB\24th & Oak and White Ln ISTroposals & WBSTroposal-24th & Oak I-S.docx Water F, SMcfins',,tind Dosgn- Sewv DcsGgnoptrnp ['jc,'mg1n*F- 11118115 CCAGENDA PACKET FAG 193 Proposal.for Design and Construction Seriicesfor Selver Lr#,Stalion Rehabilitation.- 2407SIreel and Oak S' reet Page 2 of 2 We acknowledge the receipt of Addendurns I and 2. Please find attached the work breakdown schedule for the time and material work included in the bidding and construction phases as well as our current rate schedule for the time and material charges. 'Thank you for the opportunity to provide the proposal. We very much look forward to working with you and your staff. We realize that the City plans to award one project to each winning consultant, however, should the City decide to award both projects to Meyer Civil Engineering, Inc., we will offer a 5% reduction in price for each project, Sincerely, Zv, 440t � I Richard Meyer Meyer Civil Engineering, Inc. N:\COB\24th & Oak wid White Ln LSTroposals & WBSTroposal-24th & Oak LS.docx Vy,."or nosou�ccl 11118115 CC AGENDA PACKET FAG 194 im iii M J. 0 . -0 0-5 Lp co c 16 11118115 CC AGENDA PAC KETFAG 195 C> C:� C> C, C' I c> C) C> 5) co') ct rl- Cfr t-, C4 .ca rd C) rl co CZ r) C) 0 C) Cpl 0 IUD U r– C� u wi rq V) kel �14 66 Ln JU CSC CU q) bi �5-� 00 tr .5n, zu Z J. 0 . -0 0-5 Lp co c 16 11118115 CC AGENDA PAC KETFAG 195 Meyer Civil Engineering, IInc. Rate Sheet Effective March 25, 2015 Two Man Survey Crew WMEIMZU•� Drafter Administrative Assistant LVw • Mileage Back hoe with Operator and Laborer For Pot holing of Wififies • -0 go] M I WIMMM0191 1101 AMMU01 • Rate $132.00 per hour $115.00 per hour $209,00 per hour $ 99.00 per hour $ 73.00 per hour $ 42.00 per hour $ 55.00 per hour (included in above rates) $180.00 per hour (4 hour minimum) Emmons= 11/18/15 CC A GENDA PA CKET PG 196 J$fflEMeyer - - CCM0 Engineering b"c" 'S'Veel - Su�te M4, R,'ikeii I sNek:J, CA 93309 A Phom 66 � -836 9834 FAX 66 � -836, 9 761 October 21, 2015 Mr. Navdip Grewal, CE IV City of Bakersfield, Department of Public Works 1600 Truxtun Avenue Bakersfield, CA 93301 In regard to: Proposal for Design and Construction Services for Sewer Lift Station Rehabilitation: White Lane and Buena Vista Dear Mr. Grewal, I am pleased to provide this proposal for professional engineering services for the rehabilitation of the lift station at White Lane and Buena Vista Road. Scope of Services: Meyer Civil Engineering, Inc. will provide professional engineering services and the specified documents listed under the sections entitled Design Development Phase, Bidding Phase and Construction Phase in accordance with Section 4: Services to be Provided by the Consultant (Scope of Work) (Sewer Lift Station Rehabilitation- White Lane and Buena Vista) in the Request for Fee Proposal (RFP) dated October 9, 2015. Schedule: Meyer Civil Engineering, Inc. will begin work immediately after receipt of signed authorization and will deliver the final design and construction documents ready for bidding by April 30, 2016. Cost of Services: Meyer Civil Engineering, Inc. will perform the above described work f"or the following amounts: . .......... — Service Type of Fee Fee Amount A. Design �hasc' Fixed $38,870.00 B. Bidding Phase Time& Materials, Not to Exceed $1,760.00 C. Construction Phase Time & Materials, Not to Exceed e $9,760.00 D. Reimbursable Expenses Time & Materials, Not to Exceed $750.00 TOTAL: $51,140.00 Assignment of Work: The percentage of work performed by Meyer Civil Engineering, Inc. and its subconsultants based upon fee is as follows: Name Role Percentage Local Employees of Fee Office are Local Residents Consultant 77% Yes Yes Soils Engincerin . Inc. I Geotechnical SubcoiW�itant 7 %","— Yes Yes Michael Louden Electrical Subconsultant 16% Yes Yes 100% of the work will be performed by firms who only have offices located within the City of Bakersfield metropolitan area, N:\COB\24th & Oak and White Ln LSTroposals & WBSTroposal-White & BV LSdocx M&,i' Reswircv Fill�k,�OT�k.� -,F,u(rv,,,4-IDP;,�if4ti&lq( " iGuq:ftes "Im"I Oos'grl* scw, D( 4qrmpw'rq-1 S w[cjrV Ort�"b(jn -F, 11/18/15 CC A GENDA PA CKET PG 19 7 Proposal for Design and Consirtictioti Services for ,Sewer ,Laft` Stalion Rehabililalion: Ufile Lane and Buena Visla Page 2 qf 2 We acknowledge the receipt of Addendums I and 2. Please find attached the work breakdown schedule for the time and material work included in the bidding and construction phases as well as our current rate schedule for the time and material charges. 'thank you for the opportunity to provide the proposal. We very much look forward to working with you and your staff. We realize that the City plans to award one project to each winning consultant, however, should the City decide to award both projects to Meyer Civil Engineering, Inc., we will offer a 5% reduction in price for each project, 3� z Richard Meyer Meyer Civil Engineering, Inc. N:\COB�24th & Oak and White Ln LSTrop.osals & WBSTroposal-White & BV LS,docx wco("�r Ro,,,,oun�" ErDyinewdil q. Drclhxqy.' ikm W)d Dww �o snwex 11)v�yo,punnp Swkr!"o De�''igrv-FEPJA ftdietoPkir� and Map C,'keck4ig 11118115 CC AGENDA PACKET PG 198 11/18/15 CC A GEN PACKET PG 199 m <> ca 17,� 00 t- r,l 0� 11/18/15 CC A GEN PACKET PG 199 m <> ca u b rA LQ IV41 KA -I' (U Z bf= , H V� CZ Iz 'lu 11/18/15 CC A GEN PACKET PG 199 Mever Civil Engineering, lInc. Rate Sheet Effective March 25, 2015 Two Man Survey Crew Associate Engineer Drafter Administrative Assistant Robotic Total Station or GPS Computer Mileage Back hoe with Operator and Laborer For Pot holing of Utilities Materials and Copies required For the execution of the work Rote $132.00 per hour $115.00 per hour $209.00 per hour $ 99.00 per hour $ 73.00 per hour $ 42.00 per hour $ 55.00 per hour (inciuded in above rates) $180.00 per hour (4 hour minimum) (cost plus 10%) 11118115 CCAGENDA PACKET PG 200 Sewer Lift Station Rehabilitation: 24th Street and Oak Street Service T ype of Fee Single Job Fee Discounted Fee $36,926.50 B. Bidding Phase Amount Amount A. Design Phase Fixed $42,820.00 $40,679.00 B. Bidding Phase Time & Materials, $1,760.00 $1,672.00 $9,27100 Not to Exceed Not to Exceed C. Construction Phase Time & Materials, $9,760.00 $9,272.00 Not to Exceed D. Reimbursable Expenses Time & Materials, $750.00 $712.50 Not to Exceed jTOTAL: 1 x55,090.00 Sewer I.,ift Station Rehabilitation: White Lane and Buena Vista I Single Job Fee Discounted Fee Service Type of Fee 1 Amount Amount A. DesiLn. Phase Fixed $38,870.0�0 $36,926.50 B. Bidding Phase Time & Materials, $I 760�.0�0 I $1,672.00 Not to Exceed G Construction Phase Time & Materials,, $9,760.00 $9,27100 Not to Exceed D. Reimbursable Expenses Time & Materials, $750.00 $712.50 Not to Exceed TOTAL: $51,140.00 $48,583.00 11/18/15 CC A GENDA PAC ET PG 201 ADMINISTRATIVE REPORT 1{ MEETING DATE: 11/18/2015 Consent - Agreements m. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 11/6/2015 WARD: Ward(s) 1, 2, 3, 7 SUBJECT: Pavement Rehabilitation and ADA Improvements at various GET Bus Stop locations: 1. Agreement with Golden Empire Transit for allocation of $500,000 of Transportation Development Act (TDA) Article 8 Funds for said improvements. 2. Appropriate $500,000 TDA Article 8 funds to the Public Works Department's Capital Improvement Budget within the State Transportation Fund. STAFF RECOMMENDATION: Staff recommends approval of agreement and appropriation. BACKGROUND: Golden Empire Transit (GET) was awarded $1,000,000 in Transportation Development Act (TDA) Article 8 funds which can be used for pedestrian accessibility improvements and pavement rehabilitation at various GET bus stop locations. Through a collaborative effort between City, Kern COG, and GET staff, $500,000 of this funding will be allocated to the City to improve the City's right -of -way along several bus stops within the metropolitan Bakersfield area. Because the City owns the right -of -way along these bus stops, the City will be responsible for the design and construction of these improvements. GET has identified 26 locations for improvements throughout the metropolitan Bakersfield area, which consist of 16 locations for pedestrian accessibility improvements and 10 locations for pavement rehabilitation. The City anticipates rehabilitating more GET bus stop locations dependent upon remaining funding. City Staff will design the various improvements which include curb cut ramps, sidewalk improvements, reconstruction of curb & gutter and reconstruction of the existing pavement section. The various improvements within the City will be constructed using City forces and annual contractors. Construction is anticipated to commence upon award of this agreement, contingent upon weather conditions. The project is anticipated to be completed by early Summer 2016. The proposed Agreement outlines the responsibilities of all parties and funding allocations and requires City to indemnify GET for the City's negligence, wrongful acts, or failure to act. Staff recommends approval of the Agreement along with the appropriation of $500,000 in TDA Article 8 funding. 11/18/15 CC AGENDA PACKET FAG 202 There is no General Fund impact associated with this project. ATTACHMENTS: Description Agreement with GET Type Agreement 11/18/15 CC A GEN PACKET PG 203 City of Bakersfield Agreement No. Agreement Between Golden Empire Transit District and City of Bakersfield /(County of Kern) THIS AGREEMENT ( "Agreement ") is made and entered into on , by and between Golden Empire Transit District (GET) and City of Bakersfield (City) /County of Kern (County). WHEREAS, GET desires to have its bus stops be accessible in compliance with the Americans With Disabilities Act of 1990 (ADA); and WHEREAS, GET has identified and prioritized bus stop locations ( "Project Locations ") for its fixed route transit service that need pavement, sidewalks, curb and gutter stabilization and other improvements ( "Improvements ") to be in compliance with the ADA; and WHEREAS, the City /County has authority over the rights -of -way where the Project Locations are located and has the ability to undertake and complete said Improvements at the Project Locations; and WHEREAS, GET has established a $500,000 capital project budget in its FY2016 Capital Program to pay for said Improvements at the Project Locations; and WHEREAS, GET desires to utilize those budgeted funds approved in GET's FY2016 budget to reimburse City /County for constructing said Improvements at the Project Locations. NOW THEREFORE, incorporating the foregoing recitals herein, GET and the City /County agree to the following: I. PURPOSE The purpose of this Agreement is to memorialize the agreement between GET and the City to utilize those budgeted funds approved in GET's FY2016 budget for the purpose of City /County constructing the ADA Improvements at the Project Locations. II. COMPLIANCE The City /County shall comply with any and all laws, statutes, ordinances, rules, regulations or requirements of federal, state or local government, and any agency thereof, which relate to or in any manner affect the performance or financial obligations of this Agreement. Page 1 of 5 11/18/15 CC A GENDA PACKET FAG 204 III. SCOPE OF WORK A. GET has identified and prioritized the Project Locations in need of Improvements. The Project Locations, in their order of priority, are included on Exhibit "A" which is attached hereto and incorporated herein by reference. B. The City /County shall construct the Improvements, to City /County standards, at the Project Locations and in the order of priority identified by GET in Exhibit "A ". The City /County shall not deviate from the order of priority identified by GET without the written approval of GET. C. Prior to commencement of construction, City /County shall provide a cost estimate for the Improvements at each Project Location and GET shall provide final written approval for said Improvements, including the sidewalk construction locations, curb cut locations, bus stop pad locations and any other improvements subject to reimbursement by GET. IV. FINANCIAL A. GET will reimburse all construction costs (excluding costs for design, planning and administration) for the GET approved Improvements at the Project Locations up to $500,000 but will not be responsible for any costs in excess of $500,000. B. GET agrees to provide funds to the City /County on a reimbursement basis. C. GET agrees to make payment to the City /County on a quarterly basis, subject to inspection and acceptance by GET. 1. The City /County shall submit quarterly invoices to GET within thirty (30) days after the end of each quarter for which payment is sought covering costs for the approved Improvements accomplished through the end of such quarter, not covered by previously submitted invoices. 2. Each quarterly invoice shall be supported by the following information: a brief narrative progress report, the total costs expended for the project during the preceding quarter, the dollar amount of funds requested for reimbursement, total costs expended for the project to date, total amount paid by GET under this Agreement to date, copies of invoices and other expense records justifying the request for payment, and any additional supporting data reasonably required by GET. 3. Following review and approval of the City's /County's invoice by GET, the invoice shall be paid to the City /County within thirty (30) days of the date that the City's /County's invoice is delivered to GET. D. Auditing: The City /County agrees to grant GET and or their authorized representatives access to the City's /County's books and records for the purpose of verifying that funds are properly accounted for and proceeds are expended in accordance with the terms of this Agreement. All documents shall be available for inspection at any time while the project is underway and for four (4) years following the fiscal year of the last expenditure under this Agreement, in accordance with generally accepted accounting principles. Page 2 of 5 11/18/15 CC A GENDA PACKET FAG 205 E. If, as a result of any audit, it is determined that reimbursement of any costs was in excess of that represented as a basis for payment, the City /County agrees to reimburse GET for those costs within thirty (30) days of written notification by GET. F. The City /County agrees to use funds received pursuant to this Agreement only for the purposes stated herein. G. In the event the City /County fails to comply with the terms and conditions of this Agreement, the City /County shall be wholly responsible for any consequences associated with non - compliance including but not limited to repayment of the funds, including interest. V. AMENDMENTS This Agreement can be amended, modified or supplemented only in writing by both parties. V. NOTICES A. All notices and communications deemed by either party to be necessary or desirable shall be in writing and may be given by personal delivery to a representative of the parties or by mailing the same postage prepaid, addressed as follows: If to GET: Karen King, CEO Golden Empire Transit District 1830 Golden State Avenue Bakersfield, CA 93301 If to City of Bakersfield (Need County information): Mr. Nick Fidler, Public Works Director City of Bakersfield Public Works Department 1501 Truxtun Avenue Bakersfield, CA 93301 B. The addresses to which mailings are to be sent under this Section may be changed from time to time by notice mailed as described above. Any notice given by mail shall be deemed given on the day after it is deposited in the United States Mail as provided above. VI. ASSIGNMENT AND TRANSFER Neither party shall assign, transfer or otherwise substitute its interest in this Agreement, nor its obligations without the prior written consent of the other party. Page 3 of 5 11118115 CC A EN A PACKET FAG 206 VII. DISPUTE RESOLUTION The parties agree that any dispute arising from this Agreement that is not resolved within thirty (30) days by the parties' representatives responsible for administration of this Agreement will be set forth in writing to the attention of GET's Chief Executive Officer and the City Manager for resolution. If GET's Chief Executive Officer and the City Manager are unable to resolve the dispute within sixty (60) days of the date of the written notice, both GET and City shall be free to pursue any and all remedies it may have available. VIII. TERMINATION Before the City /County begins construction of the Improvements at the first of the Project Locations, GET may terminate this Agreement without cause. If GET terminates this Agreement without cause after the Improvements have commenced, the City /County will be entitled to payment of costs incurred up through the date notice of termination is given and any funds needed to complete any Improvements commenced prior to the date notice of termination is given. IX. INDEMNIFICATION City /County shall defend, indemnify, and hold harmless GET, its officers, directors, representatives, agents and employees from and against all claims, injury, suits, demands, liability, losses, damages and expenses, whether direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any negligent or otherwise wrongful act or failure to act of the City /County, its officers, directors, employees, agents, or contractors or any others in connection with this Agreement. X. TERM This Agreement shall remain in full force and effect until the project construction and closeout are complete, GET and the City mutually agree to terminate the Agreement, GET terminates this Agreement pursuant to Section VIII above, or June 30, 2017, whichever comes first. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective officers and agents thereunto duly authorized as of the day and year first above written. "CITY" CITY OF BAKERSFIELD By: "GOLDEN EMPIRE TRANSIT" Bv: HARVEY L. HALL KAREN H. KING Mayor CEO Page 4 of 5 11118115 CC A EN A PACKET FAG 207 APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney Insurance: APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director COUNTERSIGNED: By: NELSON SMITH Finance Director Page 5 of 5 11118115 CCAGENDA PACKET FAG 2 08 ADMINISTRATIVE REPORT 1{ MEETING DATE: 11/18/2015 Consent - Agreements n. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/14/2015 WARD: Ward 3 SUBJECT: Amendment No. 1 to Improvement Agreement No. 07 -405 and Amendment No. 1 to Improvement Agreement No. 07 -406, both with Vista Montaire, LLC, for Tract 6137, Phase 3, to extend the Agreements' terms for one year and update provisions. STAFF RECOMMENDATION: Staff recommends approval of Amendments. BACKGROUND: Per Bakersfield Municipal Code Chapter 16, "Subdivisions," Tentative Tract Map 6137 was conditioned by the Planning Commission to require the construction of certain improvements within and adjacent to the tentative tract map, which include, but are not limited to, streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. If these improvements are not completed when the developer, Vista Montaire, LLC, wishes to record a portion of the tentative tract map (through a final map), the developer must execute an improvement agreement through which the developer agrees to complete the construction of the improvements within one year of the date the agreement is executed. The City Engineer may extend the time to complete the improvements upon request. Certificates of Occupancy or final inspections will not be allowed for any building within the bounds of the final map until these required improvements are completed and accepted by the City of Bakersfield and a Notice of Completion for the improvements is recorded. In 2007, the developer desired to record a final map on Phase 3 of Tract 6137, and Council approved Improvement Agreements 07 -405 (subdivision improvements) and 07 -406 (landscaping improvements) (collectively, the "Original Agreements ") requiring completion of the required improvements for that Phase by the end of 2008. However, due to the economic downturn and housing market slump, the developer requested and was granted several extensions from the City Engineer to complete the improvements. This year, the developer indicated a desire to move forward to complete the improvements but has now been further delayed by the need to mitigate for the recent discovery of potential habitat for an endangered species within the tract boundary; therefore, the developer has requested an additional extension to complete the improvements. 11118115 CC AGENDA PACKET FAG 209 Staff has no objection to the extension. But due to the amount of time that has elapsed since the Original Agreements were approved, and the fact that the City is currently using updated language in its improvement agreements, staff is recommending that the Original Agreements be amended by completely replacing the existing terms with the updated language from the City's current forms. This updated language does not substantively change the terms of the Original Agreements, and the developer is agreeable to including the updated language in the amendments. Under the amendments, the developer will have until November 18, 2016 to complete the public improvements, unless otherwise extended. ATTACHMENTS: Description Type Tract 6137 Improvement Agreement No. 07- 405(1) Agreement Tract 6137 Improvement Agreement No. 07- 406(1) Agreement 11/18/15 CC A GENDA PACKET FAG 21 AMiENDMENT NO. I TO IMPROVEMENT AGREEMENT NO. 017-4 FOR TRACT 6 1137 PHASE 3 1 This AMENDMENT NO. I TO IMPROVEMENT AGREEMENT NO. 07-405 �"Arnendrnent") is entered into on and effective as of — — --------- (the "Effectlive Date"), by and between the CITY OF BAKERSFIELD, a municipal corporation ("City") and VISTA MONTAIRE, LL C, a limited liability company authorized to do business in Cafifornic ("Developer"). WHEREAS, Developer is developing and subdividing land in the City of Bakersfield c ornim on Illy referred to as Tract 6137-3 (fine "Project"'), under the provisions of the Subdivision Map Act (Govt. Code §§ 66410 et seq.) ("Map Act"), and the Subdivis,ion Ordinance of City (Title 16 of the Bakersfield Municipal Code ("13MC"fl i ("Ordinance"); WHEREAS, City's Planning Commission, an advisory agency, has approved Developer's tentative map subject to certain approved exceptions and conditions; and WHEREAS, Improvement Agreement 07-405 ("Agreement") was originally approved by the City Council on December 12, 20071- and WHEREAS, Jule to the recent economic downturn and housing market slump, Developer requested and was granted multiple extensions from the City Engineer to cornplete the Improvements required by the Agreement; and WHEREAS, Developer is ready to construct the Improvements but is being further delayed by the discovery of potential habitat for the bluint-nosed leopard lizard on the project site,- and WHEREAS, the current deadline to complete the Improvements, is December 12, 2015, and Developer has requested a further extension to complete the required Improvements; and WHEREAS, Staff has no opposition to the extension but is requiring that the City Council approve the extension given the period of time that has elapsed since the Agreement was originally approved,- and tl MPK0VFM[ V,l I AGRh I MI N1 ho I Jg,),J(,,14 0— hk Ile : 4 19, 1 !� Page I of 14 11/18/15 CC AGENDA PACKET PG 211 WHEREAS, because the City's current requirements related to the completion of the Improvements are different than those in the Agreement, this Amendment is intended to fully replace the terms of the Agreement with the terms of the Amendment, which, reflect the City's, current requirements. NOW, THEREFORE, incorporating the foregoing recitals herein, City and Developer mutually agree to amend the Agreement by replacing the entirety of the terms of the Agreement with the following: 1. IMPROVEMENTS TO E CONSTRUCTED. Developer will construct in the Project, at its sole cost and expense, those facilities and improvements (herein collectively referred to as "Improvements"), required by BMC Sections 16.32.060 or Section 16. 2.080, whichever is applicable, required in the resolution adopted by the City Planning Commission on February 6, 2003, and/or required in a resolution extending the expiration of the tentative map, if applicable. The Planning Commission's resolution and the resolution, extending the expiration of the tentative map, if applicable, are on file in the City Planning Department and incorporated in this Agreement as though fully set forth herein. 2. MANNER OF CONSTRUCTION. The Improvements must be installed and constrUCted in accordance with all of the following: 2.1., Title 16 of the BM C; 2.2. The Map Act; 2.3. Plans, specifications, profiles, and standards approved by City Engineer (when used in this Agreement, "City Engineer" also refers to City Engineer's designee); 2.4. Adopted City stanclards, and 2.5. Good engineering practices and workr-nanlike manner. All improvements will be subject to inspection by City Engineer, and muisi be completed to City's, satisfac before the Improvemlents will be accepted by City, 3. TIME IFOR COMPLETION. All of the Improvements rnusi be fully completed in accordance with the terms of this Agreement to the safisfacfion of City Engineer within one year from the Effective Date unless City Engineer grants an extension of the firne for completion. IMPS �w ( 21',,Oy )p boor d 201!� Page 2 of 14 11/18/15 CC AGENDA PACKET PG 212 4. RECORDING OF NOTICE OF COMPLETION, ISSUANCE OF CERTIFICATES OF OCCUPANCY; FINAL, INSPECTIONS. 4.1 When Developer notifies City Engineer that Developer has coirnpleted construction of the Improvements, City Engineer will conduct an inspection of the Iniprover-rients and notify Developer of any deficiencies in the Improvements, 4.2. When Developer corrects the deficiencies, if any, in the Improvements to City Engineer's satisfaction, City Engineer will accept the improvements. 4.3. Afterr the Iniprover-nents are accepted by City Engineer, City will record a notice of completion (the "NO C") once Developer provides City Enjneer with relevant items identified on the Checklist for Notice of Completion, attached hereto as Exhibit A and incorporated herein by this reference. 4.4. City Building Director will riot conduct a final inspection or issue any certificates of occupancy to Developer for ainy Ilot within the phase, covered by this Agreement (the "Covered Phase") until City records the IOC. S. GUARANTEE AGAINST DEFECTS. Developer hereby guarantees all features of the Improvements against defective work or lIabor clone, or defecfive materials furnished, in the performance of this Agreement for a period! of one year following recordation of the N Upon Clity's demand, Developer will correct, repair, or replace promptly all such defective work or labor done, or defective, materials furnished, as may be discovered within the one year guarantee period. The one-year guarantee period on privateirnprovemerifs will) begin when the NOC is recorded. 6. IMPROVEMENT SECURITY. 6.1. Required Securily. Developer rnust provide acceptable security (the "Security") as detailed in Exhibit B, which is incorporated herein, by reference, for the following obHgafions: 6.,1.1. Performance of the obligations of the Agreement by a full and timely completion of the improvements; I For tracts that have no pr-iases, 11 he tl etrn "Cov&ed Phase" reters to the Project. INWR(M MIJ141 ACA�,T WHO PCOY Jp(*'3k,d , Mowh) 1CH,5 Page 3 of 14 11/18/15 CC AGENDA PACKET PG 213 6.1.2. ILabor & Materials/Payment to all contractors and subcontractors and to persons renting equipment or furnishing labor or materials for the Improvements, except as provided in BC Section 16.32.040; and 6.1.3. Warranty/Maintenance against any defective work or labor perforr-ned on or detective materials furnished for the Improvements for a period of one year following recordation of the NOC of the Improvements as outlined above, 6.2. Acceptable Security. City Engineer has the sole discretion to determine which of the following forms of Security is acceptaUe: 6.2.1. A bond or bondls by one or more dully a:uthiorized corporate sureties that substantially conforms with the forr-Ti set forth in Government Code Section 66499.1! or any successor statute; 6.2.2. Cash deposited with City; or 6.2.3. An irrevocable letter of credit from, one or more responsible financial institutions regulated by state or federal government and pledging that the funds are on deposit and guaranteed for payment on demand by City. 6.3 Developer's Obligation to Maintain Security. it is Developer's, sole responsibility to maintain the Security as follows: 6.3.1 Developer must provide City with the original Security documentation for all required Security as outlined in Exhibit B. Copies of the Security documents provided by Developer are attached to this Agreement as Exhibit D. 6.3.2 Developer must ensure that aH Security is current and that there is no gap in Security coverage. At least sixty days before any Security required by this Agreement expires or otherwise becomes invalid, Developer must take steps to keep the Security current or provide new Security. Any failure by Developer to comply with these provisions will constitute a material breach of this Agreement, and City may, in addition, to all other remedies provided by law or this Agreement, irnmediafely pursue whatever Security is available for completion of all Developer, obligations under this Agreement. IMPRX)VI W N N 1-4d 0. IbaV 2 P4, irly upcklh-d Wkrf h Y, X01 j Page 4 of 14 11/18/15 CC AGENDA PACKET PG 214 6.3.3 Developer musi provide City with the appropriate mailing address, phone number, stale license number, if applicable, and' ernail address for the contact person associated with each forni of Security and identify the local representative and corporate headquarters of the company providing the Security ("Contact Inforrnaflon"). ll is Developer's resp. on:sibility to ensure that City is provided with updates to any of the Contact Informaflon. 6.4 Release of Securi . The Security will be released as described in Exhibit B. 7.1. Default. Developer will be in default of this Agreement if City Engineer, in the exercise of reasonable discretion, determines that any of the following exist: 7.1.1. Developer has failed to property and fully complete all of the Irnproverrients in accordance with this Agreement wifhin the time, or any extension of time, provided herein, 7.1.2. Developer has failed or neglected to begin the Imiprovemenits, or any feature of the Improvements, within a fir-ne which will reasonably allow their completion within the time, oir any extension of time, provided in this Agreerneni� 7.1.3. Developer has abandoned any of the work on the Improvements, 7.1.4. Developer, it an individual, has been declared incompetent or placed under the care of a guardian or conservator, or has disappeared; 7.1.5. Developer is subject to a voluntary or involuntary petition in bankruptcy or has been declared bankrupt 7.1.6. Developer changes the form of its business entity to a form different than the one identified in the introductory paragraph above; or 7.111. Developer or owner of the Project transfers ownership of the Project. MF*'CVIM I N I AGI,fl nit ,'rV —) P� v ly - M(rd", 9, 20 1 "" Page 5 of � 4 11/18/15 CC AGENDA PACKET PG 215 7.2. Remedies. If Developer is in default of this Agreement, City may, in its sole discretion, ir-nmediately exercise any of the following remedies without prejudice to any other remedy City may have in law or equity: 7.2.1. Demand that any available surety pay for the completion of the lmprovements; 7.2.2. Demand that any available surety assume Developer's, obligations under this Agreement, in l'ieu of payment of the secured funds: 7.2.3. Provide the necessary supervision, equipment, materials, and labor as it may determine necessary, using any available means, to undertake and complete the Improvements or any part thereof in the manner required by this Agreement at Developer's and its surety's expense, and Developer and its surety, jointly and severally, willl be liable to City and must pay City, on der-nand, any expenses, costs, fees, or other expenditures incurred by City in the course thereof; 7.2.4. Combine the payment of secured funds and the cot-ripleflor) of Developer's obligations, under this Agreement by City forces and/or other entities-, 7.2.5. Withhold the issuance of building permits or performance of inspections for any lot within the Covered Phase 'if the Irnprovements in any current or earlier phase of the tract have not been completed in a timely manner at the fime Developer requests building permits or inspections, tore any lot within the Covered Phase; 7.2.6. Withhold the issuance of building permits in subsequent phases until all Irnprovements in the Covered Phase are completed and approved by City Engineer, and 7.2.7. Revert the real property to acreage. By executing this Agreement, Developer warrants that if has authority from each party having; record title interest in the Project to act as such party's agent for purposes of the provisions of this subsection and to waive, and, hereby, waives any right to a hearing on such reversion, @ MPRCM M11111 AC, I &M [rAl 2 NIlty Ilpdu'led- VcvO 9, 201 `r Page 6 of 14 11/18/15 CC AGENDA PACKET PG 216 Right of �Entr�. If City elects to exercise its right to the secured funds under this section, Developer hereby grants the right of entry to the Project to City, the surety, and the City's and surety's designated representatives, for the purposes of completion of the Improvements or evaluation of any claims on secured funds under this Agreement, If is the responsibility of City, the surety, or the City's or surety's designated representatives to obtain any permission necessary for legal entrance to and/or construction on the Project from the Project's owner should Developer not own or have rights, to the Project. It is also the responsibility of the surety to providle adequate insurance and comply with all regulations, permits, and ordinances while on the Project site or before beginning any work within City's right-of-way, 8. NO WAIVER OF DEFAULT. A failure to enforce any provision of this Agreement will not constitute a waiver of the right to enforce the provision at a later N-ne and will not serve to vary the terms of this Agreement. 9. NO WAIVER BY CITY. Inspection of the work and/or materials, or approval of the work and/or materials inspected, or a statement by any officer, agent, or employee of City indicating the work or any part thereof complies, with the requirements of this Agreement, or acceptance of the whole, or any part of the work and/or rnaterials, or payments therefore, or any combination of all of these acts, will riot relieve Developer of the obligation to fulfill this Agreement as prescribed, nor will City be thereby estopped' from bringing any action for damages arising from Developer's failure to comply with any of the terms and conditions of tt-iis Agreement. I I I AAW1111 I 10. 11 Developer will indemnify, defend, andl hold harmless City and its Council, officers, agents, and employees against any and alI liability, claims, actions, causes of action, or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by Developer or, Developer"s en-iployees, agents, independent contractors, or companies in the performance of, or in any way arising from, the terms and provisions, of this Agreement whether or not caused in part by City,, except as limited by California Civil Code Section 2782 or caused by City's sole active negligence or willful misconduct. IM PROV 1 M, F N I A (, l,' � I tA I N I ? Fcv I Updolt�d t',A ,rc':h )W, Page 7 of 14 11/18/15 CC AGENDA PACKET PG 217 10.2 Developer, at its own cost, expense, and risk must defend all leg ail proceedings that may be brought against City or its Councill, officers, agents, or. employees, on any liability suit, claim, or- demand, that Developer has agreed to indemnify therr against herein, and must satisfy any resulting judgmenf that may be rendered against ainy of them. 10.3 Developer's surety providing the Performance Security will snot be deemed liable under any of the foregoing provisions of this section, unless the surety undertakes the completion of any of the Improvements or the conduct of work required to be done under this Agreement, and then only to the extent of any act, omission, or neglect of the surety or its engineers, employees,, agents, contractors, or subcontractors in the course of the completion of those Improvements or the conduct of that work by the surety. 11.1. Woes and Limits of Insurance. In addition to any other insurance or Security required Under this Agreeiment, Developer must procure and maintain, for the durafion of this Agreement, the types and limits of insurance below ("Basic lnsurance Requirements"). 11.1.1. Automobile liabili!y, insurance, providing coverage for owned, non-owned, and hired autos on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, with limits of not less than $1,000,000 per occurrence. 11.11.2. Commercial general liabillitt insurance, unless otherwise _ approved by City's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons,, property damage, and personal' injury, with limits of not less than $1,000,000 per occurrence. The policy must: 11.1.2.1, Provide contractual liability coverage for the terms of this Agreenieni, 11.1.2.2. Provide unlimited producfs and comiplefed operations, coverage; MPVCM M[W M",RN VI�W -) PcIlty 1fpW11r:d - M(.,[Oh 9, lW!> Page 8 of 14 11/18/15 CC AGENDA PACKET PG 218 11.11.2.3 Provide premises, operations, and mobile eqUipment coverage, and 11.1.2.4. Contain an a�ddificnial insured endorsemenf in favor of City and its mayor, council, officers, agents, employees, and designated volunteers. 11.1.3. Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. ln accordance with the provisions of Labor Code Section, 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuanf to Labor Code Section 1861, Developer must sulornit to City the following certification, before beginning any work an the Improvements: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured againsf liability for worker's cor-ripensation or to undertake self-insurance in accordance with the provisions of fhaf code, and 11 will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, Developer is submitting the certification required above. The policy must contain a waiver of subrogation in favor of City and its mayor, council, officers, agents, employees, and designated volunfeers. UM 11.2. 1. AH policies required of Developer imust be written on a first- dollar coverage basis, or contain a deductible provision, ,Subject to advance approval by City, Developer may utilize a self-insured retention in any or all of the pollicies provided, but the policy or policies may not contain lane uage, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the in-lent or protection of an additional insured. E M V I PA F N I air R F I M I N T , 2 For I y jjpd� Ile (I Mucl 19, 20 1 �� Page 9, of � 4 11/18/15 CC AGENDA PAC E6 PG 219 11.2.2. All policies required of Developer must be primary insurance as to City arid its mayor, council, officers, agents, ernployees, or designated volunteers and only Insurance or self-insurance maintained by City and Its mayor, council, officers, agents, employees, and designated volunteers must be excess of Developer's insurance and must not contribute with H. 11.2,.3. The insurance required above, except for workers' compensation insurance, must be placed with insurers with ail Best's rating as approved by City's Risk Manager, but in no event less than A-:Vll. Any deductibles, self-insured retentions, or insurance in lesser ar-nounts, or hack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A-:Vll, mulst be declared prior to execution of this Agreement and approved by City in writing, 11.2.4. Unless otherwise app roved by City's Risk Manager, all Insurance policies rnust contain, or) endorsement providing City with a thirty-day written notice of cancellation or material change In policy language or terms. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. 11.2.5. The Insurance required in this section must be maintained until the Warranty/Mainfenance Security is released. 11.2.6. Developer rnust furnish, City Risk Manager with a certificate of insurance and required endorsements evidencing the insuirance required and identifying the tract number and phase of the Project, when Developer submits the executed Agreement and final map to City for approval. 111.2.7. It is further understood and agreed by Developer that its liability to City will not in any way be limited to or affected by the amount of insurance obtained and carried by Developer in connection with this Agreement, 11.2,.8. Unless otherwise approved by City, if any part of the work undei, this Agreement is subcontracted, the Basic Insurance Requirements, must be providled by, or on behalf of, all subcontractors even if City has approved lesser insurance I I ACPH M I N11 -2 Pwly J, �d �)['x , �k Fla ge 10 of I A 11/18/15 CC AGENDA PACKET PG 220 requirements for agree, in writing section. Developer, and all subcontractors must to be bound by the provisions of this 12.1. Gone min.g., Law. The laws of the State of California will govern the validity of Ill* Agreement, its interpretation, and its performa rice. Any litigation arising in any way from this Agreement ry)usf be brought in Kern, County, California. 12,.2. Notices. All notices related to this Agreernent must be given in writing, rriust be personally served or sent by certified of' registered mail, and Ml be effective u'pon actual personal service or depositing in the United States mail. The parties must be addressed as follows, or at any other address designated by nofice: City: CITY OF BAKERSFIELD Public Works Department Attention: SUbdivisions, 11600 Truxtun Avenue Bakersfield, California 93301 Telephon&: (b 1) 326-3724 Developer: Vista Montaire, LLC 998 Husfor-ii Street, Suite C Grover Beach, CA 93433 Telephone- (805), 48,1-4033 Email: warrensandersC sshomes,nief geri.mitchelll@sslioi iies.net Surety: 7j, %�t. 111'n A-- C. 0 Attn..`�, C-10%2 rfl 11E Telephone: Email: License No,: Local Confaci* 12.3., Assignment. Neither this Agreement nor any rights, interests, duties, liabilities, obligaitions,, or responsibilities arising out of, concerning, or MPROVI W N1 AGR� [ MLN 1 2 PtIrty MorfJOP 2011", Page I I of 14 11/18/15 CC AGENDA PACKET PG 221 related in any way to this Agreement (including, but not limited lo, accounts, actions, causes of action, claims, darnages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, turf, or other theories of recovery provided for by the cominion or statutory law), may be assigned or transferred by any party. Any such assignn,ient is prohibited and will be unenforceable and otherwise null and void without the need for, further action by the non assigning party or parties. 12.4. Binding Effect. The rights and obligations of this Agreement will inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors, and assigns. 12.5. Merger and Modification. All prior agreements between the parties are incorporated in this Agreement, which constitutes the en ire agreement of the parties. Its terms are intended by the parties, as a final expression and complete and exclusive staternent of their, agreement with respect to the terms that are included herein and may not be contradicted by extrinsic evidence of any prior agreement or' contemporaneous oral agreement in any judicial or arbitration proceeding involving this, Agreement. This Agreement may be modified only in a writing approved by the City Council and signed by all the pairties. 12.6. Corporate Authority. Each individual signing this Agreement on behalf of entities represents andl warrants that they area respectivelly, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 12.7. Independent Contractor. This Agreement calls for the performance of Developer's services as an independent contractor. Developer will not be considered an employee of City for any purpose and is not entitled to any of the benefits provided by City to its employees. This Agreement must not be construed as form ng a partnership or any other association with Developer other than that of an independent contractor, 12.8,, Agireement--Mutu all` y Drafted. This Agreement is the product of negotiation, and all parties are equally responsible for its authorship. m[IRCM WNI A(-,Kfl I MINI - 2 Pcvfy Jpvlled Morch'V_'?(W Page 12 of 14 11/18/15 CC AGENDA PACKET PG 222 California Civil Code Section 1654 does not apply to the interpretation of this Agreernenf, 112.9� Exhibits, If there is a conflict between the terms, conditions, or specifications set forth 'in thJs Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreeriient will prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 11 1 • Developer's Federal Tax Identification No. 20-2005341. Developer is a corporafion? Yes __ _ . No - X (Please check one.) 12.11. Non-interest. No officer or employee of City may hold any interest in this Agreement (California Government Code Section 1090), 12.12. Further Assurances. Each party will execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. I REMAINDER OF PAGE LEFT WJENTONAIAY BR ANN] WRIC'M MFN� A< "RLIM[NI 2MOY Up(ROUd McvJh9 201" Page 13 of 14 11/18/15 CC A GEN PAC ET PG 223 IN WITNESS WHEREOF, the parties hereto have caiused this Amendment to Ise executed the day and year first written above. �ffl 0 HARVEY L. HALL Mayor APPROVED as to foirm: VIRGINIA GENNIIARO City Attorney go fl By.,, PnnfPkv-')(A ,�D 0 Pnrd Name,,� ANDREW HEGL,UND Tifle: Deputy City Attorney APPROVED as to content, PUBLIC WORKS DEPARTMENT' m NICK FIDLER Publoc Works Director COUNTER 'SIGNED: m NELSON K. SMITH Finance Director Aftac.hmeels: Exhibit A -- CheckHst for klofl ce of Completion Exhibit B - Required Security Exhibit C - Engineer's Esfirnaie Exhibit D - Secuirity MJlR()VFM[ N I AGRF I W N1 -- Wv V i Y, A." 1!-, Page 14 of 14 11/18/15 CC AGENDA PACKET PG 224 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVII CODE § 1189 ........ . .......... . . . A notary pubHc or othw offlrcer complefing this cerfificate vex ifles only the idenfity of ftie iinidividUai wl'lo signed the d=unent to which this certificate is attached, and not the truthfulness, accuracy, or valOity of that docmnent, . .. . . . . .. . ........... . . . ... ........ . . . ...... ... ... ___ . . . ...................... . . ........ ..... ... . State of CWifornia ("Ounty of w pI/ . .......... . . .. ....... ... .. ....... .... 0 n befcrre rne, . . ..... .. ........... . . . .... ... .... . ... - ---------- Dzite Iere Insert Narrw an(I Vitle 6f the Officei- T persormffly appeared who proved to n-re on �,he tmsis of satisfactory e0derme to ble H"ie persoLi,(s) v0riose narne(s'' Is/are SUbscribed to the within sign qtr ur"nent and acknowlecIged tio me that he/sN,✓they execufed the same in his/twf/b',m!r w.Ahorized capacity(ies), and that by hWl'ibr/theff §igrmfilre(s) on 'the histrurnerit the person(s.i), oir Hie entty upon beh,,aif of wNch the per minks) acted, exelcuted the ikry strument. I ceftify unir-Jer h::IENALFY OF PER,,Jl(.JRY under the laws of fl-ie State of Californka that the foregoing par "agrim. ph is true and ccrrec'J, WITNESS n"n y hand and officiall seal. TAwi LA J, WiNSOinq Commission # 1966B75 Notary P01 -n�a Catdm �c San Luis ftspo Courdy Sig latUre,"', V Z' My Comm, Expres Feb I 4,ioi f5 Srgnature, of Notaty Putdic P/m,,,e Not,'Wry Seat Above ........... ... opn0NAL. . . .......... Though this seclion is opbanal, (,,,arnplefin!,j this infonnation can di,y4eraflefafiori of Me fr,aucAilent re,,,ittachment (,'V this form ft') an tjnir'dc,,�ndeid Description of Attached Docuri'mit rifle or Fyl,,,)e of ✓4" -it Date: M,,miber of Flaqes� 11,)thirar, Man Narned Above', Capacity(ies) Cla�rnetj, j, &gn1rr,r'!s NarnE'., Signer's Nan ne.' C'orporate Odi'Grw r Tifle(s) Corporate Officer Thhe(s ... . . . ....... . Partner I ki"ifted Geriiera8 Pairtrv.,;r - 1--ir"nited Genera�i hndMdixal Attorney ln Fact tr606 m Attorney in F`ar,"t "rr�`j 31e,e �,;xivardlan or Conservator Trustee Gtjardian or Conservator ' 0 t h e r Other� ........ . . . . ;"J is f3epresentitj�4 jvk� "Al Signer �ls Represeritirng� E3ign& .. ............ .. ...... . .... 2014 National Notary A&506afion � www,Natoo "ia�l'�ot�any.org - 1-800-US NOTAFN ('h- 800-B76-6827) Item 4115907 11/18/15 CC AGENDA PACKET PG 225 11 A ■ !roject No. Phase No. Submit a copy of this checklist with YOUr Notice of Completion p kage, Include a1I items on this checklisl with your package. If an item is already on, file with the City, please so note. If any item is marked as NA (not applicable), provide a written justification or explanatiori, Failure to submit this checklist or to address all items on the ch,eckl,ist wHI result in a delay in filing the Notice of Completion, and/or in the release of any securities, Processing of a Notice of Completion cannot proceed untiI Subdivisions has received direct confirmation from the COnStrUction Division that the punch list items are complete. n1c KI a r.hPrk1iqt Rpm 11/18/15 CC A GEN PACKET PG 226 EXHHH'T A, 11/18/15 CC A GEN PAC ET PG 2 2 7 TYPE OF Labor & Materials/ Warranty/ SECURITY Performance v Payment Maintenance WHEN whcn,� [)(,wi,',�floper su[-,w-n�ts �,�,,xecuh.-��J WN,,,,nr Dc,,vell cpc,, r C.Jty re-�,xwds REQUMED ,, c Vr�c'F', , to oy fcrkr pyywenwad rnop l0 r' of ap.ii "�uwvdc.al AMOUNT OF 100% of &e hAd eMMumeci c(st at lh(--,, 50% (,)1 the to 10% cA Ux", total SECURITY ImprovenwAs as reflechxl in V e0krvted coM 0 o0inxAed cost of Esthynte allacheci hemk as Exh1bR C cind the lm[ 6s, as lrw ou.')or(,0ed herr?in by Wmmce ("FQnwDrs rellected 4) cjs in the F stun ate ") Cfl I C-J ESfVYKXh-',a DATE OF Wthin 30 days cfff(�r City n�,i,.,cords a !-,�f ihe . . . .............. . 9,01 days aflcur City, a 18 months N ;,z,, r RELEASE/ but, if C"lly disc-,,cw� rs lhcli r"c"'C'orct""; NCx,��', of tihe REDUCTION wc�rk, or k�jbi,)r fhc,� nts 1,,i()C of the or furnisl,'wd defochve matwkis in cornrNeting C-Jntuss' ("Hy r( ;Ceive�s the KniomvewenIs or Developer iJcx-r�ages fhe w0f(,,;'n nofice ff-at afterr ("Jty thc,, I`AOC, ft-�e (,,in action �,w slap:) Socurity wilk on[y ic.'J(Jor nr)f9ce �,-i(xi baN, n rv-is req 9,circ,,c] replacmi m (iefec-Arve c)r filecJ rf ,"4ciled papa r-rq,,)rovernen,ls, o (Jty's r,,onsfnjclir,)n of the VWwn wAxh"ed to CAN, HK whic h fl Se,c�urjty, ii"a f("ra,.k, r r ra.,t t':v-',1 E'fff CIlVO fOr 4-VD S-KA ffiiy, than 18 mor"Iths floE, Eff✓'ctivc,, (,�,f this, Agrc^o"-�nwnl and a I,") re " rj t)e C t wcj&empwAs of this sechon COY "KII If rN We an anmwA rwA Ks ,Jsc,"n-,"'li"w"I (':mthoriz(,-,, ci re,,Jxfi",-)r1 ic ihw,'a fi,Jcc" thar"I thf','- t",,�Acfl "::,f c-1,11 vc,Pje of Pinrforrna.)rice Sr,,(�;ir,jrily, if rocpie steci cicj�ms or) vvhk,,h ar) by Develc)per, once Rm wnpmvemeNs w or stop nofice suffick:-ntly coi plef�'xl t,.W rrmke h f- a e rri I k)ncli and N..jsci[Ae (is f, -j pi,iblk-, irnprover f If Hie rectictkyl A cul"10ozed, CAY WA We tN,, 1,, s I r na h 0 1 tho cwrti,)�Jrlt Of H-10, R,,KJLJCtkDr"l tYD�,',ed an Me pahon of the knpro eta rnenjr�a tnu , In no wfli C Yh y au hoirize, a t(, du,:-,Non (,-,)f fl`)E� f(,.1CCr V(IlUOD C)l 'tN . Secur y 50`;, of thc� origin(-Vy rc�a:juired 11-111 -1 "I'll, I - I I - —1-1 1 1 . . . . . . ........... EXHLBIT P 11118115 CC EN PAC KETPG 228 111 I�I�I�I�I�III�I�I "Fract Map No. 61,37 Offs,ite Bonding Estimate iiurr ,rvnl „o , f„ nwr rimr ,trrewwt ,rra twr, yurc 'MAP 6137 IMPROVEMENTS c�,x„w ✓ru, y nw�✓� O � i l � Cos ,rr w,ti , wuxr✓ un ✓u wrm Reduced Imp Cast ��A.,, ..�. �. zwe...,.., Road Construction $812,756.58 $812,756.58, Dr aiiia e e / 1,�d eJ�1.C1a1 ` 331,929 00 Sanitary Sew,er S'496,68(L25 $10e7,1W75 Cost f'Improvements $2,6 1,75 83 $1,328,635,83 6 .,'ontinge�ne�r "� $528,950 57 � $265,72T 17, .....,,,,,, Enforcement Bond � 1 d,Ym or 1 56,0010 Maximum, um, ,. ,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,. $15 11111 4�C1 ,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 15 C111CY 00 1Rio ('un otal $3 188 741'1 40 $1 609, 6 00 ,w ✓urn.:... ��r, ,�r��,rw „m ,wwwP�„ �,�n rmw r rm�ro� r. P.�., _, �:r ,.r... �.m ,. mom , ✓w ✓w mmm�wmw✓� ✓r wrrr�m�,ww��»w,�ron� „r n., .. .. �rw,�ww, �m�,m,Jr�,.... 1 FESS c rc 2. cm\- OF C w 0 f s ~ri Director of C ivil Engineering, Date 1 998 Sama Ba ara Avenue, Suite, 200, San 4 uuis d h1spo, ('A 9'340 4 P: (805) 250-2891, h (805),250-2896 wu wn ed1.wine .�,ewpri Hd mT C w 11/18/15 CC AGENDA PACKET FAG 229 �IIIIIIIIIIIIIIIIIIIIIIIIII�III wu as 0r a0�3aiu ait as t'wm', ,,fir a ri° s iur rera/ N ":s H d V a r11'4 a U PiPNWI,,lL I'm-act fl'lsap Nol „6137 tlaawr;tting Esfirraaaale T21 l'b'aake srielt3, CA m „ �,m ��,.�, ,w >, , ,,, „�..., . . 5raraat JC qr a'rw Y baatuaatrty l oit S /llaalt )`:t al Araaawaar�at Complete 9�ealama•cad Aarueaunt� 5 PVC, 0 5 V b b0l 54 0a / ", tb[0 1 ' � .� ......... � ,., Eaamtltw o k 4 alaaaalaolurarna Otlaauatal;.y Unk �aCl laud ! aat�l�tl �tawuareaaat :�`c� t'taamalaletc � lla,ata ced Aaaar unl 1,aartawn r'k :31,M C, Y S 12,00 $374 MO000 800i4, $74,84400 SURTGIu'lAL ` 27.tl( 1701 70 r,Zo $374,2240,00 80aa 0ildaawl Manhole 6 3 t6r e #aalw) S'74,844,00 E 83 0 +4i00 VPfa .,_, ..... ,,,,,,, 5 p giP11MfB1p 7W%,, $i 3210 1100 Vkkko wsewef, Road Construction ltcrw wanikk Unit $4 [nit ' Total Aatrant � Y. °tawacte "i 1'larlaaartal rlaaaaaaaa�wl . da t'BaC1 ifBll 11 tatrb Wl "a" b 7/ 1.' s a5 fafh 4RfY} 1 "w4W 01(b ltl'd i6Pl 15t1411b Side warll, Q4' 1bi d,) 1...rvk,��.........,,, Sl.'....... s6 0101 S+BiI 1' a 0Y(0 p ":, � abe) # r� f)lp AaaussflA ld aaaatr+ 3 ry LL A ..._ ... $'_500,00 �. ..................... 1' 7,500 00 01N w Su"" 500 R00k Paladin Drags (0 eta! ✓1 00 /,P 00) t1t 447 ''n9 � � e, �0 00 m 3wlala,ull C arra r lw, 6.31+ 1f0T .s U4N 4r 7pG ".dw7 .., S62,741w fr7 „ , . ,..., y l3asa 4C W aww 119 t t 0 t s�1 dr /f0 (0fa wa30? rS t 7 4 N . �dl adaa A�'a�C'a la P.P F� N.�Xra +e �taM..?°ttr�ua OWL 4�r1i'��,� a„ 1.(bw 84 ��.�,. S1 ��,� "�"" al" alt t atiaa�'rele 304 � FON ",. w75 010, $1 12,8212 78 tll,rr, $,172 822.718 , �.,.......,,�..,, ...... V1 Bauw' ft.'U"I,Y;, 10p ,,,..,.... ,.., _ - 0�3,t ( "% ,,.. 7f, 46f) S274,672,22 - 0� " "u� r S274,672.22 ., Saw Cut 6 1.11' .... .... $3 00 ,. , .. w a5; 00i J ,,,... � $w�r"i (K) „a. ......_.._ ,..... d aaraaaati., Nl saaaainents t+ 1'A $150 )o "h90(M)0 f!% wO,0,0 00 0 MYnk"ll: us E $600 AX) ( S3,600,00 .. ,ro 60 f,,t, p / �Street lwruuaua`wrp FA 5549[0004 5Cw010b00f,y fa "411 4wfB0r,4Vf1 D r ulNtia c ua qor si au� 1 w n SCaib 010r $ai$0fD 09fb 0 "na 5a10p00 41Rb _ qtr a�v0raa B 3,13 t tl A $2 561 '5 3 r w; 3 r 50 m .., ,,........ 99 ",l S32,817,50 1 e .. ®® _ slato LigBalk 7 FA $6,000.(H) 0 f w;4 ° 01fbf9 0YG0 1 01111"c, S42,00'),00 Ill$➢ l21A0.. $812 756.5 „a btaas Q uallftw Unh ul Tat a I� rral � � 'a laaeAa� Manholes, I � ti.$4bii 900f iDOb �lalfi 7tli °I 5la�OffdDraina �QOaaaiat °"'trarat uura 6 ! w 1 41O0,O' B �® S9,000,00 �. 701`X, S?.4dlf0 ttli Rap 44 I.5 fV01 5,54bf9500a 0d "� $5,500.00 Catch F3aa rrro 1 t t:fba ruuaa; 1 a 5V 4,000109ft S28,0000009 701lvu $8 ,400,00 aa0w h1 l3,aubua 18, t3pollluaag7, 3 t ,N s I a0 010 o'clo 1 '5,54,00100 0108 70",r,] ...................... $16.200.(9) 1011 R(Al 47 #N�i .,, � 1a0°w5098��..._ SS72 $S7,240 ...... 9 h° RCP �.. 1'55 1900 �......._ "af9' „� ,5f0� .......... I Retention B aware Mock N aaH 0 ➢ � 1 7101 � L .. �S 340,004a $222,3491 ,00 � _�.. Wr .....�.. S222.300 0 0 . „ ro11 1 (A`I Al � Ptti1 ItaA4N 1111 $331,929.00 m „ �,m ��,.�, ,w >, , ,,, „�..., . . 5raraat JC qr a'rw Y baatuaatrty l oit S /llaalt )`:t al Araaawaar�at Complete 9�ealama•cad Aarueaunt� 5 PVC, 0 5 V b b0l 54 0a / ", tb[0 1 ' u4r1', agM Ir4P 1 5 PVf `,,4'1[0 0 I 5'810.1,140 S -d,tr1 21161 VN) 400 " °,H� `357 s,4f9 (M) �fl iirec'd aral 3q arrBua +lc° 401 1 alaelwl w EA f S.3,09f000,(1f9 ` 27.tl( 1701 70 r,Zo 8 04119 1000 80aa 0ildaawl Manhole 6 3 t6r e #aalw) j 4 E 83 0 +4i00 VPfa .,_, ..... ,,,,,,, 5 p giP11MfB1p 7W%,, $i 3210 1100 Vkkko wsewef, s 5 PS 1 9v➢ 1 59 15 sru 4B 15 41 ° °�- ' oCw 41 1 5 1 as In- Main � N � 9.,,A i S5,0(0.00 J 85,190019 1069 i 700" 1 5 G 5da1R 00 4l'lllltbl �I. 5w4alti f'r ltr i5 $109,106 .25 11/1$/1..% CC A EN A PAC ET PG 230 Agreement No 07-405(l) To that end, Principal and ffiteniabonal Fideliky insurance Conipafiy ("Sureity) are heldl and firmly bound unto the City in the; penall sum of $ 1,579363.00"-* for the payment of which sum weH aind truly to be made, we bi,nd ourselves and our heirs, successors, executors, and adrninistrator$, jointly and severally, f i rmly by these presents. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there will be i�ncludeid costs and reasonable expenses and fees, including, reasonable a,t�torney's fees, incurred by City, in successfully enforcing such obligation, all to be taxed as costs and inic!luded in any judgment rendered. Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the work to be performed thereunder or to the related specificau'lons will in anywise, affect its obligations on this bond, and it does hereby waive notice of any such change, Wition to the termis o the Agreement, the work i or t ; e soecifications. In, witness whereof, this instrumient has been duly executed by Princiipal and Surety on November 2 2()15 PRINCIPAL i "kaire LL Vis, M,80�jaire, LL .. .... . ... . By: iits: it'/ A PERFOAMANCE BOND Last Revised. Detember 6, 2013 SURIETY hiternafio ial Fidefity Insurance Co, pany l''! ""o By "J Ids' Myynia Sm�Hhl` 3- torney-in-Fact IM rYWIFUT n 11/18/15 CC A GEN PACKET PG 231 Tel (973) 624-72,00 POWER F ATTORNEY INTERNATIONAL FIDELITY INSURANCE E COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized rid existing under the laws of the State of Now Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsvlvania, having their principal office in the City of Newark, Now Jersey, do hereby constitute aid appoint 'lA Pismo Beach, CA. their true and lawful attorneys) -in -fact to execute, seal and deliver for and on Its behalf as surety, any and all bonds and undertakings contracts of indemnity and other writin�s obligatory in the nature thereof which are or may be allowed„ required or permitted by law, statute rule, regulation, contract or otherwise, and the execution of such Instrurment(sy in pursuance of these presents, shall be as binding upon the said INtERNA OVAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attornoy� Is executed, and mayy be revoked', pursuant to and b authorit of the By^taws of INTERNiATIONAL FIDELITY INSURANCE COMPANY and ALLEG ENY CASUALTY CL7MPANY and is granted under and ay authority of the foBi'owinq resolution adopted by the (Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting du iy° held on the 20th day of July, 201(% and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15thi day of August, w(): "RESOLVED„ that (1) the President, Vice President, Chief Executive Officer or Secretary of the Corporation shall have the Power to appoint„ and to revoke the appointments of, Attorneys - n -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation 's seal thereto bonds, undertakings, recognizances„ contracts of indemnit and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointmen s of Joint - control custodians, a tints for acce tance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and {3) the signature of any such ONcer of the Corporation and the Corporation's seat may be affixed by facsimile to any power of attorney or oc rfpficatuon given or the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adofted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with fie same force and effect as though "manna y affixed." IN "FITNESS 'THEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 22nd dray of July, 2014 � „'LL ";04xr " , STATE OF NEW JERSEY County of Essex e17 "r 19,36 1904 C-q ROBERT W. MINSTER Chief Executive Officer (Internationat Fidelityy YLIN Insurance Company) and President (A;llegheny Casualty Company) On this 22nd day of July 2014, before me came the Individual who executed the preceding Instrument„ to me personally known„ and„ being by me duly sworn, said lie is the therein described and authorized officer of INTERNATIONAL FI'DELI'TY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY: that the seals affixed to said instrument are the Corporate Seats of said Companies„ that the said Corporate Seals and his signature were duly affixed by order of the Boards of (Directors of said Companies.. IN TESTIMONY WHEREOF, I have hereunto sot m hand affixed my Official Seal, "IIIh011soorr,rr> at the City of Newark, New Jersey the day and year first above written. gia NOTARY PUBLIC r A NOTARY PUBLIC OF NEW JERSEY My Commission Expires April 16, 2019 CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said' Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof„ and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. III TESTIMONY WHEREOF, I have hereunto set my hand this day of r l =-V ot- o.-- MARIA BRANCO, AssNr. 11/18/15 CC A GENDA PACKET PIS 232 CALIFORNIA ALL-!PURPOSE ACKNOWLEDGMI;EINT CIVIL CODE § 1180 A notary public: or other officer completing: this certificate verifies only the identity of the individuW who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, State of California Co,uinty of San LUIS ObtE-111 . . ......................... . .... ........ who proved to me on the basis of satisfactory evidence to be the personN) whose nani is/46W subscribed to the withini instrument anid acknowledged to, me that UlshieAlWexecuted the same in J�e insttument the oersort,-& MA I ANA211111 I FAF 1121411 9211MA NJ & *_*.A6A6.A I S !NA L7777 f y '111i MINIMMMA1171:111 "I W TrT,v_v*reWwj1r1 ir ioaratkluol is true and correct. WITNESS my hand and official seat. Signature )"'A60 V Signature of Notary Public Place! Notary Seal Above , OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of' Attached Document Title or Type of Docume ocument Date: Number of Pages: _ Signer(s) Other Than Named Above- I ` I 1 0 - EXHI BIT D 11/18/15 CC A GEN PACKET PG 233 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL COI)E § 1 '189 ...... ........................ . . . . . . . . .. . .. . ..... A notary pubkc or other officer completing Hiis ceofficate verifies only Ve lidentqy of thia OdividUai who i:yigned the domurn�.'mt to whk,'J-i this cerfificatre is atta&ed, and not the truthiulness, accuracy, or validity of ffiat ft(.�Ument, .. .... ..... .. ... -- --- ---------- .... ... State of Cafiforn�a COLH'Ity Of_"' . . ....................... CwnmSIwn # 1966875 1 beficWe . .. ........ ✓ ✓ ,f.cA 1. ),3 tr-,' aw,i h7seit NWPe,,and TiVe of the personaliy apj,')eared Narne(s)oaf Sigoer(s) wh(:) provei�,J to rTie on 't,he basis of satisfw.,,toiry e06,,-,�rice to be tjrje persoi),(s) wl,'�ose naryio(s is/aFe' subscribed to the within unStRffr-Wit adIdIOWeciged to me that he/shi-L,,/'they eXeCUted Wqa , sairne in hisAwrItheir, aurthohized capacuty(ief,,), arid that by hisfirehlt,heir signati.ire,(s) on the instrurnent. th Iperso n(a), oir the eintity upon behWf Hof whk;h the persiori,(s) a,rrt&,,.J, exem team flhe instrurnent, WVULLA J. HANSON CwnmSIwn # 1966875 9 cerfify un(Jer N� :IENALTY OF PERJhJRY under th Ilaw s of the State of Cakfornu a that thie foregoing paragraph �s tiru(,-.� and correc;t, MTfJE'SS mry tmind �.,,uid officiaB se,,.0. S griature,, Slgr7ature of,Notavy Public Pla(..,e Notaty Seal Abr',ive . . ........ � OPTIONAL 7bough, this sectior? is qpfional, ciotnphr fiflg this irlh)rrnafioi'n c' are (Yetet, altemfiew-i of the doci irnei"it or, fr,.au(Ju1e,rpt re,,attmchii'iet4 of this fiw-m to w7 wwnterxled do,,:urrleflf, Description of Aftached M, "o" "�rj" as Title or 1 ypie, �::)f [Dociume Do(�mnent Date tqUmber c�f f�lacps� Sigher(s) Other Th�in Named Abmm,-a. . ... ........... Capa rat y(ies) (,'Iahri ' d by Siiginer9s , I yr ir's a n � e Signer's Natllir.�: cfl( 11' K� CorporWe Office,,r Tit]e(s): . . . .......... .... ........... ... Corporz0e' Officer flHe(s)� Partner Uffliteld Gei'uena� Partner .,, 1 JRIrtEld Crenetah hAivich.ml Attorney ir II act h-idividiva] Attorney in, I( ac' C' mervMor TrUstee GUar6an M' (",ort servator D-lu t' uar 0an i 6, Other" &gr'0er hs Fleprfaswt rig. S`igner hs Represferffing' ','02014 NalJona kiotaij! Assobatiori a, wwmNationallotary,org - I 4,300-US NOTARY (1-800-876-.6827) tern 45907 P 11/18/15 CC A GEN PACKET PG 234 City of Bakersfield LABOR AND MATERIALS BON-34, Bond No-, 0584663 Agreement No. 07-405(l) Pm to Montaire, LLC The City of Bakersfield ("City,") and ("Principal"') have entered into an, agreement It is hereby expressly stipulated and agreed that this bond will inure to the benefit of any and all i persons, companies, and corporations entitled to, file claims under Civil Code sections 9000 through IS566, so as to give ail right of action to them or their assigns in any suit brought upon this bond, If suit is, brought upon this bond, Suirety wflI pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including rea�sonable attorney's fees, Incurred by City in Successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the in anywise affect its obligations under this bond, and it does hereby waive notice of any such change, j. ji jiddijion to the terms of t e A w 'gWkas- Yr 'elm In witness whereof, this instrument has been duly executed by the principal and Surety above named, on �.OV2 20 15' PRINCIPAL SURETY Vistp Mont ire LLC Internabonal Fidelity Insurance Company tl By: By- 'to Its: its: Myrna Smith, rney-in-Fact L 4.11C .ABOR ANID MATERIALS BOND �-Mwmi a r 13 ffn LAVIJUM I � 11/18/15 CC A GEN PACKET PG 235 Tel (973) 624-7200 POWER " ATTORNEY INTERNATIONAL FIDELITY INSURANCE C!OMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTE�R, 20TH FLOOR NEWARK�, NEW JERSEY 07102-520:7 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appotrit NXIIIN Pismo Beach, CA. . . . ..... . . . . .... ...... ...... . . . ........... .. .... their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other wrifin s obligatory in the nature thereof, which are or may be allowed!, required or permitted by taw, statute, rule, reVation contract or otherwise, and the execuflon of such instruments} in ulrsuance of these presents, shall be as binding upon the said INTERNA ONALIFIDELITY INSURANCE COMPANY and ALLEGHENY CASLV &OMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices, This Power of Attorne is executed, and mag be revoked, pursuant to and b, author) of the B Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAury c IMPANY and Is granted under and ty authori ly of the f2lo-win resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting du held on the 20th day of July, 2011% and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, V1000: "'RESOLVED, that (1) the President, Vice President, Chief Executive Officer or Secretary of the Corporation shall have the rawer to appoint, and to revoke the a Ft' I the of, Attorneys -in -Fact n- Fact or agents with power and authority as defined or limited In their respective powers of attorney, and to execute on bet aff of t e Corporation and affix the Corporations seal thereto, bonds, undertakings, recognizances, contracts of indemn! and other written obli ations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointmenZ' of joint-control custodians, a ieats for acce-glance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corp - oration; and 3,) the signature of any such 0 iq cer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification Iven or the execution of any , signature and seals when bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related �� an so used whether heretofore or hereafter•, being hereby ado prated by the Corporation as the original signature of such officer the original seal of the Corporation, to be valid and binding upon the Corporation with [he same force and effect as though manuawy affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 22nd day of July, 2014. STATE OF NEW JERSEY 0'1� 0 County of Essex 06 AL 1936 i 'POW4 ROBERT W. MINSTER Chief Executive Officer (InternatlonalFideli Insurance, Company) and President fAlleg einy Casualty Company) On this 22nd day of July 2014, before me came the Individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies: that the said Corporate Seals and his signature were dully affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set m? hand affixed my Official Seal, ,Is kill at the City of Newark, New Jersey the day and year just above written. N 0 FAR Y PUOLtC :A A NOTARY PUBLIC OF NEW JERSEY My Commission Expires April 16, 2!019 40 OF E44 5,01 % o",N011111 114"kil, CERTIFICATION 1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies,, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is new in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this day of 11 qwi t CALIFORNIA ALLI-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 .464-N rlfrw= A notary public or other offic;er completing this certificate vedfies only the identity of the individual whiio signed th oc docume nt to whiich this certificate is attached, and not th e truthfuhess, acc uracy, o r validity of that d urnent MUTOTEMMMO Am County of San Luis ObiisL) who proved to mie on the basis of satisfactory evidence to be the person(R)i whose name�R) ismm( subscribed to, the, within instrument and acknowledged to mie that )M/sh~executed the same in CHW;; C �NA DI)HEF� F7 '401a'Y PubhC CaNfornia 1,4 'flM � xr,��fes Jun T,, 206 1;1 certity undo F-,-EAArFTF-0F7�A-JJWT -und er the laws of the State of Cafifomiia that the foregoing paragraph is true! and' correct. WITNESS my h rd and official selal. Signature Signature of Notary Public . ......... . OPTIONAL is Sj;--,ctioi, is i*tioial. c*rL#Jetjnq tilis inf#6,,,,1ioj jjR4,q,1g document sr ption of Attached Documienit Title or Type of Document: Document Date, Number of Pages, - Signer(s) Other Than Named Above: - EXHIBIT D 11118115 CC AGENDA PACKET FAG 237 CAUFORNIA AU-PURPOSE ACKNOM.EDGMENT CIVIL., CODE§ '1189 - - — - - --------- ------- - ---- A notary public Of roarer officer wnp�efinq this certlfica�,(.,, verifies only the iclentity of the imfividual ovho sigrred the &cu r enr t�o which ffiis cerfificate is atr a ched, and not ffr e tnXhfi.dness, accirruacy, or aura dity of th,@f <Jocurnent, State of CaliforNa / Ccfurlty oft,- 4-, On before me, 2 4 a- - 4-0 Date Here Narne at,74,1 Titleof t6e personahy appeared Narne(s) who proved to rrre on the bass of satisfactory evidence to Ibis -, the person(s,� Whi(.)SE, nan,ia(s) Ns,/are subscr-bed to the rufthirr insAniiment aarJ w-knowledged to, me that Iturrt ,Ah'b/tt� y executed ti-re s,,.irrre in or the errtNty Urx)rr behalf of which the perm, ty'r) acted, executed the unstrument. i C'ENtify Under l"ENAI-TY OF PBR,JLJRY under the laws of' the SLale of California that the fore( ' gon'rig paragrap)h is true and clorrect, TAMKIA J, HANSON WITNESS my haad and official !seal. camnsmin # 1966875 "o Notary Flu b kc - CAW 'Dr'niO; Zp 7, x /V z z San Luis Obispo Ck')unty My Carnal, Expifes r4b 14, 2016 Signab.,�re 1 J6 S �g rm,"� ti-j r e of Not'aCy Pubfic Place blotn�y Seal Above mm ...... OPTIONAL. . . ........ . .. . ....... . ..... - ................ .................... ...... . . . ....... Though lhh�,,, section is optional, cornplefing this Jnfon-natk)n r,:ari c1e4er alter,.'itlon ot thc,, documentot 1,rHud(,,i1ent reottachment of this foi-rn to mari unintended docunnent. AN, 41 Description of Attached DOPLUTient .. . . ....... T�He or Type of I)OCIU1111E�1rit, 0� DOCUrnerrt D�,ite, 4t- /,"', ,� L - ------ .... Nirm"rAx,ir of ��-Iages� Signer(s) Otho, 1"I"ut Neer nr-d Abo\�e� Capacity(ies) Cfpipi,6 t?y,&Qrm�w(s) Sigac,n,'s Narne�,! '� Nw 44- 21 Cry "rfie(s)� Offir,.�.,er- 'Tifle(s)� , por-aJe Offir,;er- --- . ...... .. . ........ . P aria er . .... i limited G,,,rieral R.wtner Limited General kidMirlual Atlon')Euy lira Fact fiidk,NdILKIli Attorney Nn Fact Tru s1tele.11,1 ,&Air6an, or Cc�rrsernvator GUardian oir Cons(,,,rvat()rr 0111herl- Other, ......... . Signer is /`-Z' ' `,`JC is Repremmtk q, _k,44 , 4, - C , 113 2014 Natior iai N(,Maa y AssociatiOrl - WWW,NationalNotary.org - 1-800- US NO N'ARY (1 800 876,6827) Nterrr 95907 11118115 CCAGENDA PACKET FAG 238 City oif Bakersfield 11*NVWA11.' Agreement No- 07-405(1) To that end, Principal and International Fidelity Insurance Company ("Surety") and their respective heirs, successors, executors, aind administrators, Jointly and severally, are hereby held firmly bound unto the City in the penal sum of $ 318,870i.3V'k**__ for thie remedia;tion of any defects in: the Project as required by the Agreement, sub ect to the provisions below. If suit is brought upon this bond, Surety will! pay, In addition to the face amount thereof, costs and reasonable expenses and fees, inc�luding reasonable attorney's fees, incurred by City in successfully enforcing this obligation, to be awa,rded and fixed by the court, and to be t�axed as costs and to be lnclucled in the judgment therein ren,dered. Surety hereby stipulates and agrees that no change, extension of timei, alteration, or addition to the in anywise affect its obligations on this bond, and it does hereby waive, notice of any such charge, ji extension of time, ailteratioin, or addition to the terms of the Agreement, the work, or the specifications, Additionally, Surety hereby waives the provisions of California Civll Code sections 2819 and 2845. In witness whereof, this instrument has been duly executed by the principal and surety above named, on Nov,2, 20,15. P, PRINCIPAL I ntaire, LLC By �'A">'A its. MAINTENANCE BOND Last Revised . M ai rch 27, 2014 SURETY international Fidelity Insur'Ance Company BY: Myrna Bruit Its: Myrna Smit Attorney-in-Fact WE EXHIBIT D 11118115 CCAGENDA PACKET FAG 239 Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TI-I FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY IN' SUJRANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsylvania, having their principal office in the City of Newark, New Jersey, do hereby constitute and appoint ....... ... . ... ..... .. I their true and lawful attorneys) -in -fact to execute, seal and deliver for and on fits behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writin s obligatory m the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, re ulaton, contract or otherwise, and the execu?'on of such instrurnent(s In ursuance of these presents, shall be as binding upon the said INTERNAMONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUAL" Y JOMPANY, as fully and amply, to all intents and purposes, as if the same had been duty executed and acknowledged by their regularly elected officers at their principal offices. FIDELITY INSURANCE This Power of Attorne is executed, and may be revoked', pursuant to arid! b authority, of the B(,-Laws of INTERNATIONAL COMPANY and ALLEGHENY CASUALTY C MPANY and is granted under and by authori y of the to lowin resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting dul�, held on the Myth day of July, 2011% and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 000�; "RESOLVED, that (1) the President, Vice President, Chief Executive Officer or Secretary of the Corporation shall have the rt ower to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemni 1�� and other written obli atlons in the nature thereof or related thereto; and (2) any such Officers of the Cor oration may appoint and revoke the ap s of joint-control custo ians, a ants for acce t'ance of process, and Attorneys-in-fact with authority to execuFle waivers and consents on behalf of C Corporation; and �3) the signature 6� any car of the Corporation and the Corporation's seal may be affixed by facsimile to any power such OXI li, ver of attorney or cer ification rven or the execution of any bond, undertaking, recognizance, contract of indemnity or other written ob I ation in the nature thereof or related 9 sl nature and seals when so used whether heretofore or hereafter, being hereby ado�F�ted lby the Mrporation as the original signature of such thereto, ancy the original seal of the Corporation, to be valid and binding upon the Corporation with the sarne force and effect as, though manually affixed." IN WITNESS WHEREOF , INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 22nd day of July, 2014, STATE OF NEW JERSEY County of Essex A Il 1936 1904 ROBERT W. MINSTER Chief Executive Officer (international FidellInsurance Company) and President (Allegheny Casualty Company) Din this 22nd day of July 2014, before me came the Individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the Corporate Seats of said Companies: that the said Corporate Seal's and his signature were dully affixed by order of the Board's of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set m? hand affixed my Official Seal, 0 at the City of Newark, New Jersey the day and year kst above written. 14 y C"Y' r. ..... -4t 1r OT A R Y PUBLIC �A % A NOTARY PUBLIC OF NEW JERSEY 6, My Commission Expires April 16, 2019 NE* 004111.1010:, CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this day of z_ MARIA BRANCO Assist; EXHIBIT D 11/18/15 CC A GEN PACKET PG 240 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary pIublic or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or valildity of that document, I State of California County of San Luis Obispo who proved to me on the basis of satisfactory evidence to be the person(R)i who W subscribed to the within instrument and acknowledged to me that XA/she/AWexecuted the same in Ilia!] HNA DOHER f Y W I HUM Notary P�,�bhc Cworr�ja 211 z S'm [w flay r'm1Pj',i Fpg r�,; jijjq 111 �111 u'LIVI'VI-Wm w,�p�""-W"W",Ip"p��ML WITNESS my hand and official seal. Signature— Signature of Notary Public Place Notary Seal Above_ OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document fitle or Type of: Document, Document Date: Number of Pages: — Signier(s) Other Than Named Above: * Other: S[: I ter Is 2=1=111= 11/18/15 CC A GEN PAC ET PG 241 CALIFORMA, ALL-42URPOSE ACKKOWLEDGMENT UVIL CODE § l 189 V' r , 114 qll;<-�?",,Or,c;a,,,,,,�t,,,,Ix� rw ,X rr� x, ",,.(X"", (,�x v'x' Y'o'e"c"'04 cu xx"'C'e"on A notary pubiic or ofther officer coinpiefing ihis cedfficate verities ody the i entity of the 4'u §rviduai who sagned the lriociuin,w, ,nt to wNch this colificate is atlaiched, and no the truffififlness, cur ac' y, or valdity of that dOCLU1101t, . . ...... . . ... .... .. . .......... . Stat(,a, of Cafifornici County of On before me, v LZ f /Y .. .... . ..... "d ...... . .. 119te Here lnw,rt e—mid Tftle�,o(tbe Officer la ersonaHy appeared Naroe(s) of Signer(,>') who pr cars eld to me on the basis of s Stu: faic'.1ory evidence to be [he pe 3 rso whose narn('X,'S) is/riar'fe SUbscfted to the Within insfi'Wllerat anwJ ackriowledgei..J to me that h 'sht "Vt y n xielciijtnlc �thaa., same in his/j,wr/tfveir w.rthofted c-,apacityoels), and that by his/0 -01,,u-ir signatLA',(?fS) on the instnflnent the person(s), or, the entity u,pon behdf of whic"I'l the person(R)lIcted, e ,n.,ited thle Ms�nllirrrnent, WALLA J, HJ,,N'50N saw Cornrn�nian 0 1966875 Notary Pubiilc - California zz z > $an Luis Obispo County z My Cwrnm. Expires Feb 14, 2016 1 V GE',ilify Undc,�r [,�'[".NALTY OF i""ERJURY t.inder the �aws of the St,,.,'.ite of Cahforraa that the fc)regoing paragiraph is ti%,nay and correct. VVl"T'NE',-';S rny hEt acl and offifr',iai sea. Si9l7,2tUf'P- of Notary 1"Itiblic F,llac�, Notaty Seal Above OP'l IONAL ..ow... . ................................................. . .. . ...... . ................ . . . . ....... - Though this sectican is olMonal, cornplefing this;, ir7f6rl7?,,,3tf0fl can deter afteration of time d0c.ximent or reathachrnent of this form to ran, (.,iniotend(,,,xY doctifnent, Description of Attached E) t� "re 0", ocun�en 1-Rie or l-yj--)e c)f 2 �li xy ii)octn'inerrt Date: Nh,iniber of Pages. Signer(s) Oti'rw Than Nanied Aa)ove� ... . .. ...... . . Capacity(k,m) Gla(iVocl by Signerfl Signer "s NaRi x Ngn t": °�crqacara:ai c Nficer Title("); Corpon,,fte Office ..... Partnkwr - Lknite(J Gener Pat h aer Generrafl lindivi(Rjai Aftorney to Fact lndnvkjsl'ah Attorney in Facl I'nJslr Z',e, Guarcfiarn or Gonsen/ator Trustee oii Con~ervaltor .mG J ()the� .... . .... . ..... Signer Is Rrrr�qpresenllng� I Signer is Represenfin.,,y. 6,,")2014 National Notw� Assoc�Jafion - ,,Pivvw.If,lat.ionalNotaiy.oi�g - 1 -8f)O-US NOTARY (I --800-876-682-7j Itern #5907 lamum 11118115 CCAGENDA PACKET FAG 242 AC -"R" p � - "R" CERTIFICATE 'F' LIABILITY INSURANCE �ATEIMMNnDdYYYA 10/19/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGH'T'S UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORITANT": It the certificate holder is an ADDITIONAL INSURED, the pialicy(les) must be Endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require art endorsement. .A statement on this certificate does not conifer rights to the certificate holder In lieu Of such endorsement(s). PRODUCER MCONTACT Cecile Struwre _ ........... ..,._ F�TA Insurance Associates, Inc. IFACX Nr ffiCl pkb�MFIT' (6;61)835 -4542 License #k 0415101 n� AIL . Cecilems@kia -ins . COM P.O. B'C7"R. 11390 ANSURER(A ) pEE RpINCs COVERAGE NA1C # Bakersfield x9338 —1390 .., ._ . .... „ INSURER A unitedSpe'3a�:I; �C .......,.,. ��.253� � ...,,�....... , ._ . VINSURED wi Capatal .... .... ............ .. 13,544 tlNSURE � "��.:�- fcarn�.,.a ..,., S" N s kltadCL.es caf, the Central, 'Ce7as.t,a Inc.. INSM1D.IxE .... _ RNSURCR Cn . '' ILnS'�ta'C�r1 3't'.�'�E*etr INSURERS ... .........._ .. ..,..............._ _ ......... ........ Grover Beach Cis 93433 INSURER F:.... COVERAGES CERTIFICATE NUIMBER:15 /16 CL /AUte REVISION NUMBER, TH- S IS TO CERTIFY THAT THE POIL.ACIE:S 11" INSURANCE LISTED BELOW HAVE BEEN ISSUED 'TO THE INSURED NAMED ABOVE FOR IHE POLL Y 'k"EMOD INDICATED NOTWITI °I I "E.ANDIING ANY RIECLAREMENI', "SEEM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT' TO WHICH THIS CIERTIFICAT "E MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALI. EHE TERMS, EXCLUSIONS AND CONDITIONS CI- '':UCH POLICIES. LAMITS SHC7U"JIw MAY RAVE BEEN RI [31I( LLY BY PAT[,) C1 AIMS. .....,.,,.�,,. _— ....re .... ,_._ ....,_._ TYPE 'A....�...... PCLtlCY.....,.,... INSR j LTR� N NUMBER ..'..'h "(Ad.NCW EPF PC'LkAw'Y E.P LIMITS MMICn78YYYY MNWDDIYYYY GENERAL LLASIL.1'PY FAC I OCCURRENCE wl 1, ON00 , 000 50,000 i,� MLA,IMI'A,IFAAL.NC-`-�,.' PF'LIkM II f yfCY eta. �h'e`ru rd A � R G.',tl „II,7 f•<, '1`+J15�2 �' "72.NN c'7r w 74�C�.73�.eK�.. /23/2015 5/23/2016 ..... m.; • 'a" aIAY IER.PV.AL IA`JJh ._ ... 1..,. C�Q.�.,aC,.,D ...,..,.....,., . ... GFNL RN AGGREGA TE 2+4tC,0IC ... .. ._...� __ ....... . . ....... GENT AGO EG TELUITAdfUrSPER i "K C,UCTS....urAP&Df`ACG 2,000,ttt AUTOMOBILE LIABILITY .„G EINEI INNd I F LIMIT :�..��eGA�r,te._.. »_._ 1"_0 (tOCC,'. er DF YIINFURY (erpescrrp ArrralUre', ALL OWNED Si IMEDUI Ft” -5 ,11804050 5/18/2015 5/1.5/2016 BOT)ll M IN,JURa {Pere ci.en,tf . ttIN1G):; AUTO NON-OWNED .. ._ ... } L di� EI .0 rh AUTOS J .... „� '_ I.. Irnit UIMIBRELLA IAE f r RktNCE EXCESS LIAS .1-1111E CLAIMS MAd1E , A CAtFF`Ai FIEFI IdY�I "LINTkLrN�"F 1�G" S:,l"IWIT , C.YTAi WORKERS COMPENSA[TION.... LYIkL t N TI,tfTY Ih�_ AND EMPLOYERS' RS LIABILITY Y r N ANY PROPRAETDRJ AATNFRiL'M &_[a.l'CIV., �1- IT I Ftid.Fl hl r _ .......�., �,,.,.,,, . ........................ ° G6rFIt,Cr fME6rM1HE"ffi FMC Ar.J CDLCIr � N 8 A. (Mandatory In NH) L p�Ml:,l f�rFF. F: L D1SI,,A.;& EA EMPLOYEE ..,,. ,.c �I _ .................� ...... .��..�.. C.��C"'l"' IMI'6 �,�,...... __ dJ17�IR�.Ad�+;f`aC Fl.�l l4 ,Y CP'F F.M....., SCE.' 1�11E1 ,eGV'�dY�",C�M,�,�.�Y1i6eR'k�w 1,63.80458 5If 3.S /;�Q$5 5d`15./�151� $188, 600 DESCRIPTION OF OPERATIONS I LOCATIONS P VEHICLES (Attach AC,aRD 101, Addiflo lal Remarks Schedeele, If inure space is requiredIt Tract 5137. The City of Bakersfield, Its mayor, council, officers, agents, employees and volunteers are included as an additional insured as respects General Liability and this a.nsurnce is primary. Endorsements are attached. I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOT'IC'E WILL BE DELIVERED IN ACCORDANCE WIT14 THE POLICY PROVISIONS, City of Bakersfield P"Lnblic. Works '.Dept.. A,LITRCpRIxTELY REPRESENTATIVE 1.50'5 Truxtuan Ave Bakersfield, CA 9 301 I S Davis- S'DF/CECTT:, ^ ACORN 25 (201D/05) (�7 1988 -2010 ACORD CORPORATION. All rights reserved. I MRn25 "ni r'rt'R nv 'rho Ar°r)Pn —mo a.A 1-- nro �- !- f-earl m.arlrc. r f AE`..t' Pn 1 1 /1 tJ /1 ..% �C AGENDA d.,�/S°i PA 2 a.7 POUCYNUMBER. 1,1101527720 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 I i ii i 1 1 0 A . I I igg ; g��111 q p g;� fill 4:3 DINA 1"Z4.0101 0 Kola This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 — Who Is An Insured is amended to inciude as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "'bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions;, or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the locabon(s) designated above. B. W[th respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "'property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other 1. The insurance afforded to such additional insured only than another contractor or subcontractor engaged applies to the extent permitted by law; and in performing operations for a principal as a part of 2. If coverage provided to the additional insured is the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 9 Insurance Services Office, Inc., 2012 Page 1 of 2 EXHIBIT E 11118115 CCAGENDA PACKET FAG 244 C. With respect to the insurance afforded to these additional insureds, the following is added to Section I'll — Limits Of Insurance., if coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreernent„ or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 CE) Insurance Services Office, Inc., 2012 CG 20 10 04 13 EXHIBIT E 11118115 CCAGENDA PACKET FAG 245 POUCY NUMBER� ]IT01527720 :3 NATA 11 0 MM This endorsement modifies insurance provided under the following: Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only wifl-n respect to liability for "bodily injury" or "property damage" caused, in 'whole or in part, by "your work" at the location designated and described in the schedule of this endorser rent: performed for that additional insured and included in the "products- completed operations t,ozalrd", CG 20 37 07 04 (D [SO P[operties, Inc,, 2004 Page 1 of 1 0 11118115 CC AGENDA � E 7E'T PG 246 MTLTP��k� • =1111MIRM I agullm 1, W-W Nwal guAl [012mar-m-1 1141 . . . . . . . Any coverage provided to an Additional �nsured shall, be excess, over any other valid and collectible insurance available to such, Additional Insured whether primary, exceisis, contingent or on, any other basis unless, I) a written contract or written agreement specifically requires that this insuranict apply on a primary and non-contributory basjs;or 2�) prior to a �oss,, you, request 'in writing and we agree that thlis insurance shall apply on a primary and non-contributory basis. All other terms, conditions aind exclusions under this policy are applicable to this Endorsement and remain unchanged, US�C VEN 104 02 11 107 Page I of 1 11/18/15 CC A GENDA PA CKET PG 247 SSHOM -2 OP Its: KL CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDWYYYYI 1110212015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, (EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate Molder is an ADDITIONAL INSURED, the p'olicy(ies) mast be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy„ certain pollicies may require an endoirsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such end'orsenrentjsj. PRODUCER NAMNL" Certificate Department ......... ..._....___ .................. BUCK,MAN MITCHELL, INC. PHONE FAX P.O, BOX 629 A1(;. Na. Frei 559- 733 -1181 IAIc, No): 559`738 -5517 500 North Santa Fe Street AooREss• kathy @bminc.cottt _ VISALIA, CA 93279 IN Donald P. Sharp SEIRERIsI AFFORDING COVERAGE _ �uAlc INSURER A State Compensation Ins. Fund ......... 35'0'75....... INSURED S&S Homes of the Central Coast _. ......._ INSUR,E.Re'. ...... _ .... ... 898 Huston, Suite C INSURER c Grover Beach, CA 93433 _..... ......... ......._ ......... ........ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE" I..ISTEICI BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE PEED``(' PERIOD INDICATED. NOT WITH STANDING ANY REQUIREMENT TERM FOR CONDITION OF ANY CON"l "RACT OR OTHER DOCUMENT" b rkf, RESPECT TO WHICH 1' HIS CERTIFICATE MAY ICE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IIS SUBJECT TO AIJ, THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ......... ......._ INSIf" ......... ........ - -. ......... ACD7L SLI iR, ..._ _. ......... Pf,�LI "MErF PpLICYFXP ....... LIMITS TR TYPE OF ItJ.SEtRANC'E PCYLID:YNUMBER P P COMMERCIAL GENERAL LIABILITY E.+C fi 01141 3RRE NCE tti ......... _.DAMAGE T,P,r EIE= NTEi'.i........ ......... ... C1, AIM. MAA,DL. C'l OIF '', PPEMISESti E1txc, mace) °'......... I'AED Ei' P (Aril t2rQ Cle!rso l) .. ..PEWS('iNP,I,. ... ......... ......._ ''., & ADV INJUR,!'' C EN 1, AG(3RE'_EEATE LIMIT AFPYI lr:S PER GE WiPRN, A (;WUREGATE 'E, PRO- r'l:iLli",r �I,.iT ! LCaf I I I JECT . T;C M Pf rJH'' T 4. G 5 F"I tl„r[.t,il,I`�'.; _ OTHER .: t,w4)ME3INFL" E,IrILDLE ErMlr J#UTtAIN1.OBILEw LIARILITY Ed rx-Y IrA.JURY (Per rrem aril E Al +d`P AIJTt:? ALL OWNED — SCI •VE MILE 'D I ', '',. BODILY INJURY rr er ar:r1den) I 'w :i AIT05 AUTOS _.... N ON O WNFIO P$dfdPERTv" C rvA A51, 9 HIIFxEU). YR (Per aar'ec leIIII UMBRELLA LIAB DCCLIR E A C OC "JRREDh CF,.... Z ...... ......... EXCESS UAB CLA,IMS MAED%'Ei _... _.. Ar',GREGATE $......... _ .. DE r RETENTION S M WORKERS COMPENSATION ,� TEf� rCJT6•f. ,TAEL1 "EL i EP, AND EMPLOYERS 'LIABILITY A APw°r D^ROPFAIL "TOR(u AF T'N =H /FrP rI.ITI'rE Yj 9'#45948'15 1110,112015 1110112016 ... .. .... .... EI. V r As+ H FeC EI TEr.I'f 1,000,0'0 .. � N r A CDFFEC.EB /MEP,4BEh E X I. 41.SCC7' I_ IMandatory'IIINHl ',.. 1,000,000 4r:L L11.nEA =tiF LPPrvwgF'I ±lY6:b.W......... .... ..... Ir es dense rlb"t tune f I] 'S`,I,FJPTION Of CEPk:r %e., "UECJtwS. Lteh°v, +.r E L DISEASE - POLIC;'Y UMII', � S 1,000,00 DESCRIPTION OF OPERATIONS E LOCATIONS f VEHICLES (ACORD 101, Ad'...difienal Remarks Schedule, may be attached It r"ore space is required) Re: Projects: Tract 6642, Tract 6678, Tract 6410, Tract 7243, Tract 6297, Tract 6137, Tract 7267. Waiver of Subrogation applies to Workers Compensation per form to fol'l'ow from insuring company, subject to policy terms' and conditions. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Bakersfield ACCORDANCE WITH THE POLICY PROVISIONS. 1600 T'ruXton Ave., 3rd Floor Bakersfield, CA'93301 AUTHORIZED REPRESENTATIVE r 0)1988 -2.014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD RIOT F 11118115 CC A EN A PACKET FAG 248 :illilil I lill"I 111romema , I III � III MEmillh, ii, AMENDMENT TO LANDSCAPE IMPROVEMENT AGREE ' MENIT NO. 017-4,1 FOR TRACT'6137 PHASE 3 This AMIENDMENTNO. 11 TO LANDSCAPE IMPROVEMENT AGREEMENT NO. A7- 44016 ("Agreerrienf") is made and entered into on . . ......... ("Effective Date") by and between the CITY OF BAKERSFIELD, a municipal corporation ("City") and VISTA MONTAIRE, LLC, a California lirnited liability company ("Developer"'). WHEREAS, Developer is developing and subdividing land in the City of Bakersfield, commonly referred to as Tract 6137-3 (the "Project"), under file provisions of the Subdivision Map Act (Govt. Code §§ 66410 et seq.) ("Map Act"),, and City's Subdivision Ordinance (Title 16 olf the Bakersfield Municipal Code ("BMC")) ("Ordinance")" WHEREAS, City's Planning Commission, an advisory agency, has approved Developer's tentative reap subject to certain approved exceptions and conditions; WHEREAS, Improvement Agreernenf 07-405 ("Agreement") was originallly approved by the City Council on December 12, 2007, and WHEREAS, due to the recent economic downturn and hOUSing rnarket slut-rip, IDevelloper requested and was granted aiultiple extensions from the City Engineer to cornplete, the Improvements required by the Agreement arid WHEREAS, Developer is ready to construct the Improvements bUt is being further delayed by the discovery of potential habitat for the blunt-nosed leopard lizard on the project site,, and WHEREAS, the current deadline to con,iplete the Iniproverrients is December 12, 2015, and Developer has requested a further extension to complete the required Improvements; and WHEREAS, Staff has no opposition to the extension but is requiring that the City Council approve the extension giver) the period of firne that has elapsed since the Agreement was original1y approved-, and . ... ... . .. . .... . ..... I A IMPROV I W 11,11 ACA `E f W [',I 1 Poe I of 13 11/18/15 CC A GEN PACKET PG 249 WHEREAS, because the City's current requirernents related to file," completion of the lmprovements are different than those in the Agreement this Amendment is intended to fully replace the terms of the Agreement with the terms of the Amendment, which reflect the City's current requirements. A G R E I E M E N T NOW, THEREFORE, incorporating the foregoing recitals herein, City and Developer mutually agree to arriend the Agreement by replacing the entirety of the terms of the Agreement with the following: I. IMPROVEMENTS. Developer must construct, install,, and complete all landscape and irrigation improvements as required by this Agreement arid as required in the resolution adopted by the City Planning Commission on February 6, 2003,and /or required in a resolution, extending the expiration of the tentative map, if applicable (the "Improvements"). The Planning Commission's resolution and the resolution extending the expiration of the tentative map, if applicable, are on file in the City Planning Department and incorporated in this Agreement as though fully set forth herein. Developer must complete the Irnprover"nerifs in a good workr-rianlike manner in accordance with accepted construction practices and pay, when due, all costs, expenses, fees, and charges required by completion of the lrriprovemenfs. 2. MANNER OF CONSTRUCTION. Developer must install and construct the Improvernenis in accordance with all of the following: 2.11. Title 16 of the Bakersfield Mulnicipal Code; 2.2. The California Subdivision Map Act (California Governr-nent Code Section 664 11 1, et seq.); 2.3,. Approved plans and specifications: 2.4. Adopted City standards, and 2.5. G. ood engineering practices and workmanlike manner. 3. TIME FOR COMPLETION., Developer must complete all Improvements in fulll in accordance with the tern-is of this Agreement to City's satisfaction within one year from, the Effective Date unless City Engineer grants an extension of the time for completion. 4. MAINTENANCE AND GUARANTEE PERIOD. Developer rnusf maintain the improvements and hereby guarantees all features of the lmprovements for a rninimum of 365 days following City's issuance of the Developer/Confractor Mainfenance, Letter ("Maintenance and I ANIY)CAK, IMP R(W I tAHNT A(,,;R[ PALNI Page 2 of 13 11/18/15 CC A GEN PACKET PG 250 Guarantee Period") against defective work or labor done, or defective material furnished, in the performance of this Agreement. Upon City's demand, Developer will correct, repair, or replace promiptly all such defective work or labor done, or defective materials furnished, as r-nay be discovered within the Maintenance ar)d Guarantee Period. The Maintenance and Guarantee Period will end when City issues the Recreation and Parks Acceptance Letfer. City will record a notice of completion ("NO C") of the Improvements once the Recreation and Parks Acceptance Letter is issued and City has in its possession all of the items identified on Exhibit A, which is incorporated herein by reference. Developer must provide acceptable security (the "Security"'), as detailed in Exhibit B, which is incorporated herein by reference, for the following ob[igafions: 5.1,1. Performance of the obligations of the Agreement by a full and timely completion of the Improvements, 5.111.2. Labor & Materials/Payment to all contractors and' subcontractors and to persons renting equipment or furnishing labor or materials for the Improvements, except as provided in B Section 16.32,0401-, and 5.2. Aa et table Secuffly. City Engineer has the sole discretion to determine which of the following forms of Security is accepfabte: 5.2.11. A bond or bonds by one or more duly authorized corporate surefies that substantially conforr-ris with the form set torch in Government Code Section 66499.1 or any successor. statute;. 5.2.2. Cash deposited with City; or 5.2.3. An irrevocable letter of credit from one or more responsible financial institutions regulated by state or federal government and pledging that the funds are on deposit and guaranteed for payment on demaind by City, 5.3. Devellor)er's Obligation to Maintain Se Wt . 11 is Developer's sole responsibility to maintain the Security as follows: . ......... ..... . fi ANDS( Ad,[ WIRCM W N I ACM PAI N1 Page 3 of 13 11/18/15 CC A GEN PACKET PG 2 51 5.3,11, Developer must provide City with the original Security documentation for all reqluired Security as outlined in Exhibit B. Copies of the SeCUrity provided by Developer is attached to this Agreement as Exhibit D. 5.3.2. Developer must ensure that all Security is current and that there is no gap in Security coverage. At least sixty days before any Security required by this Agreement expires or otherwise becornes invalid, Developer must take steps to keep the Security curreni or provide new Security. Any failure by Developer to comply with these provisions will constitute a material breach of this Agreemenf, and City may, in addition to all other remedies provided by low or this Agreement, immediately pursue whatever Security is available for completion of all Developer obligations under this Agreement. 5.3.3. Developer must provide City with the appropriate mailing address, phone number, state license number, it applicable, and email address for the contact person associated with each form of Security and 'identify the local representative and corporate headquarters of the company providing the Security ("Contact InforrTiation"). It is Developer's responsibility to ensure that City is provided, with updates to any of the Contact Information. 5.4. Release of Secur jify. The Security wM be released as described in Exhibit B. Default. Developer will be in default of this Agreement if City Engineer, in the exercise of reasonable discretion, determines that any of fl-)e following exist: x.1.1. Developer has failed to properly and fully complete all of the Improvements in accordance with this Agreement within the firne, or any extension of time, provided herein; 6.1.2. Developer has failed or. neglected to begin the lrnprovements, or any feature of the Improvements, within a time which will reasonably 0111OW their cot-riplefion within the firne, or any extensiori olf time, provided in this Agreement; I AN D A P r C�,A I, I e,,GRFLM I r II Page 4 of 13 11/18/15 CC A GEN PACKET PG 252 6.1.3. Developer has abandoned any of the work on the li-nprover-nents, 6.1A Developer, if or) individual, has been declared incompetent or placed under the care of a guardian or conservator, or has disappeared; 6.1.5. Developer is subject to a 'voluntary or involuntary petition in bankruptcy or has beer) declared bankrupt; ,6.1.6. Developer changes the form of its business entity to a form different than the one identified in the introductory paragraph above; or 6.1.7. Developer or owner of the Project transfers ownership of the Project. 6.2. Remedies. It Developer is in default of this Agreement, City may, in its sole discretion, immediately exercise any of the following remedies without prejudice to any other remedy City may hove in law or equity: 6.2.1. Demand that any available surety pay for the completion of the Improvements; 6.2.2. Demand that any available surety assume Developer's obligations under this Agreement, in lieu of payrnent of the secured funds; 6.2.3. Provide the necessary supervision, equipment, materials, and labor as it may deierr-nine necessary, using any available means, to undertake and complete the Improver-nenfs or any part thereof in the manner required by this Agreement at Developer's and its surety's expense, and Developer and its surety, jointly and severally, will be liable to City and must pay City, on demand, any expenses, costs, fees, or, other expenditures incurred by City in the course thereof, 6.2.4. Combine the payment of secured funds and the completion of Developer's obligations under this Agreement by City forces and/or other entities, I AND,",("AN, IV PROVI MENI Al,,",kHAIA N� Page 5 of 13 11/18/15 CC A GEN PACKET PG 253 6.2.5. 'withhold the issuance of building permits or perforr-nance of inspections for any lot within the Project if the Improvements in any current or earlier phase of the tract have not been completed in a timely manner at the time Developer requests building permits or inspections for any lot within the Project, 6.2.6. Withhold the issuance of building permifs in subsequent phases of the tract map until all Improvements in the Project are completed and approved by City Engineer, and 6.2.7. Revert the real property to acreage. By executing this Agreement, Developer warrants that it has authority from each party having:: record title interest in the Project to act as such party's agent for purposes of the provisions of this subsection and to waive, arid, hereby, waives any right to a hearing on such reversion. Right pf_Entry. If City elects to exercise its right to the secured funds under this section,, Developer hereby grants the right of entry to the Project to City, the surely, and the City"s and surety's designated representatives for fhe purposes of completion of the Improvements or evaluation of any claims on secured funds under this Agreement. It is the responsibility of City, the surety, or the City's or surety's designated representatives to obtain, any permission necessary for legal entrance to and/or construction on the Project from the Project's owiner should Developer not own or have rights to the Project. It is also the responsibility of the surety to provide adequate insurance and comply with all regulations, pen-nits, and ordinances while on the Project site or before beginning any work within City's right -of -way. 7. NO, WAIVER OF DEFAULT. A failure to enforce any provision of this Agreement will not COr)Sf'[tL)te a waiver of the right to enforce the provision at a later time and will not serve to vary the terms of this Agreement. 8. NO WAIVER BY CITY. Inspection of the work and/or materials, or approval of the work and/or materials inspected, or a statement by any officer, agent, or employee of City indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials,, or payments therefore, or any combination of all of these acts, will not relieve Developer of the obligation to fulfill this Agreement as prescribed, noir will City be thereby estopped from bringing any action for damages arising from Developer's [ ANI)SCIAN J�Ajl,,IOV KALN� AGRI � PA�i Ni � Page 6 of 13 11/18/15 CC A GEN PACKET PG 254 failure to complly with any of the lierrns, andl conditions of this Agreement. 9.1. Developei, will indemnity, defend, and hold harmless City and its Council, officers, agents, and emplloyees against any and all liability, claims, actions, causes of action, or demands whatsoever against therm, or any of therr, before adr-ninistrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by Developer or Developer's employees, agents, indepenclerif contractors, or companies in the perforimance of, or in any way arising frorn, the terrrs and provisions of this Agreement whether or not caused in part by City, except as limited by California Civil, Code Section 2782 or caused by City's sole active negligence or willful misconduct, 9'.2. Developer, at its own cost, expense, and risk must defend alll Legal proceedings that may be brought against City orr 'IfS Council, officers, agents, or employees, on any liability suit, claim, or demand that Developer has agreed to indemnify them against herein, and r-nust satisfy any resulting judgment that may be rendered against airy of there, 9.3. Developer's surety providling the performance Security will not be deemed liable under any of the foregoing provisions of this section, unless the surety Undertakes the cor-riplefion of at-iy of the Improvements, or the conduct of work required to be done under this Agreement, and then only to the extent of any act, omission, or neglect of the surety or its engineers, en,)ployees, agents, contractors, or subcontractors in the course of the completion of those Improvements or the conduct of that work by the surety, 10.1. Types and Limits of Insurance. In addition to any other insurance or Security required under this AgreerTient, Developer must procure and maintain, for the duration of this Agreement, the types and limits oil: insurance below ("Basic Insurance Requirements"). 10.1.1. Automobile 11ability insurance, providing coverage for owned, non-owned, and hired autos on an occurrence basis for bodily injury, including cleath, of one or more persons, property dian,)age, and personal inijury, with limits, of I At,H �SCAM IMPROVI Mli, N1 ACR� i W 1,41 Page 7 c)f 13 11/18/15 CC A GENDA PACKET PG 255 not less ihan $1,000, 00 per occurrence. 10.1.2. Commerci , unless otherwise approved by City's, Risk Manager', providing coverage on an occurrence basis for bodily injury, including deathi, of one or rnore persons, property damage, and personal injury, with limits of not less than $1,0001,000, per occurrence. The policy r-nust: 101.1.2.1. Provide contractual liability coverage for tine terms of this Agreement" 10.1.2.2. Provide unlimited products and completed operations coverage, 10.1.2.& Provide premises, operations, and mobile equipment coverage; and 10.1.2.4. Contain an additional insured endorsement in favor of City and its mayor, council, officers, agents, employees, and designated volunteers. 101.3. Workers' compgnsation, insurance with firrits of not less than $,1,00 ,000 per occurrence. In accordance with the provisions at Labor Code Section 3700, every contractor will Nye required to secure the payment of compensation to his erriployees. Pursuant to Labor Code Section 1861, Developer niusf submit to City tine following certification Before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of: the Labor Code which require every ei-riployer to Nye insured against liability for worker's compensation or to undertake self-insuirance in accordance with the Provisions of that code, and l will comply with such provisions before commencing the performance of the work of lhils; contract. By executing this Agreement, Developer is submitting the certification required above, The policy must contain a, waiver of subrogation, in favor of City and its mayor, council, officers, agents, employees, and designated volunteers. LAN DSI,', A I tMPROVEM I P J I A( I-IR I I PAI N I P(ige 8 of 13 11/18/15 CC A GEN PACKET PG 256 ]VOGREIFF-M! 10.2.1. All policies required of Developer must be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by City, Developer may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, fhaf prohibits satisfaction of any self - insured provision or requirement by anyone other than the named insured or by any means including other insurance or which is intended to defeat the intent or protection of an additional insured. 10.2.2,. All policies required of Developer must be primary insurance as to City and its mayor, council, officers, agents, employees, or designated volunteers and any 'insurance or self-insurance maintained by City and its rnayor, council, officers, agents, employees, and designated volunteers must be excess of Developer's insurance and must not contribute with it. 1 O�.2.3. The insurance required above, except for workers' compensation insurance, must be placed with insurers with a Best's rating as approved by City's Risk Manager, but in no event less than A-VIL Any deductibles, self-insured retentions, or insurance in (lesser amounts, or' lack of certain, types of insurance otherwise required by this Agreement, or insurance rated below Best's A.-NII, R)Ust be declared prior, to execution of this Agreement andl approved by City in writing. 101.2.4. Unless otherwise approved by City's Risk Manager, all insurance policies must contain an endorsement providing City with a thirty-day written notice of cancellation or material change in policy llaniguage or terms. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. 10.2.5. The insurance required in this section must be maintained until the Performance Security is released, MrflYS;(IAVI Page 9 of 13 11/18/15 CC A GEN PACKET PG 257 10.2.6,. Developer, must furnish City Risk Manager with a cerfificafe of insurance and required enclorsen'ients evidencing the insurance required and identifying the iraci, number and phase of the Project, when Developer submits the executed Agreement and final map to City for approval. 10.2.7. It is further understood and agreed by Developer that its liability to City will not in any way be limited to or affected by the amount of insurance obtained and carried by Developer in connection with this Agreement. 10.2.8. Unless otherwise approved by City, it any part of the work under this Agreement is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if City has approved lesser insurance requirements for Developer-, and all subcontractors must agree in writing to be bound by the provis'bris of tNs section. 11. MISCELLANEOUS. 11.1. Governing Low. The laws of the State of California will govern the validity of this Agreement, its interpretation,, and its performance. Any litigation arising in any way from this Agreement must be Brought in Kern County, California. 11.2, Niotices. All notices related to this Agreement must be given: in writing, must be personally served or sent by certified or registered mail, and will be effective upon actual personal service or depositing in the ignited States mail, The parties must be addressed as follows, or at any other address designated by notice: City: CITY OF BAKERSFIELD Public Works Department Attention. Subdivisions, 11 00 Truxtun Avenue Bakersfield, California 93301 Telephone, (661) 326-3724 Developer: Vista Montaire, LLC 998 Hlustoni, Street, Suite C Grover Beach, CA 93433 Telephone: X805) 481-4033 Email: warren.sanders( sshornes.net Page VO of 13 11/18/15 CC AGENDA PACKET PG 258 geri.rnifchelIl( sshomes.nef Surety: Attn: Telephone: License No.: Local Contact: Local Telephone: (,vS 11.3. Assignment. Neither this Agreement nor any rights, interests, duties, liabilities, obligations, or responsibilities, arising out of, concerning, or related in any way to this Agreement (inclUding, but not limited to, OCCOUnts, actions, causes of action, claims, damages,, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort, or other theories of recovery provided for by the cornmon or statutory law) may be assigned or transferred by any pairty. Any such assignment is prohibited and will be unenforceable and otherwise null and void without the need for further action by the non-assligning party or parties. 111.4. Binding Effect. The rights and obligations of this Agreement will inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors, and assigns,, 11.5. merqer and Modification. All prior agreements between the parties are incorporated in this Agreement, which constitutes the entire agreement of the parties. lts terms are intended by the parties as a final expression and complete and exclusive statement of their agreement with respect to the terms that are included herein and may not be contradicted by extrinsic evidence of any prior agreement or contemporaneous oral agreement in any judicial or arbitration proceeding involving this Agreement, This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 11.61. Each individual signing this Agreement on behalf of entities represents and warrants, that they are, respectively, duly authorized to sign on behalif of the entities and to I� AIQL)SCAPI NIVT()VI MFNI M',RF, i MI, 110 Page I I of 13 11/18/15 CC A GEN PAC ET PG 2 59 bind the enfifies fully to each and all of the obligations set forth in this Agreement. 11.7. Independent Contractor. This Agreement calls for the performance of Developer's services as an independent contractor. Developer' will not be considered an employee of City for any purpose and is not entitled to any of the benefits provided by City to its employees. This Agreement must not be construed as forming a partnership, or any other, association with Developer other than that of an independent contractor, 11.8,. Aareement Mutually Drafted. This Agreement is the product of negotiation, and all parties are equally responsible for its authorship. California Civil Code Section 1654 does not apply to the interpretation of this Agreement. 11.9. Exhibits, lf there is a conflict between the terms, conditions, can specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specificafions set forth in this Agreement will prevail. All exhibits to which i reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 0 0 Developer's Federal Tax Identification No. 20 2005341. Developer is a corporation? Yes, No (Please check, onej 1.11. Nondnterest. No officer or employee of City may hold any interest in, this Agreement (California Governnient Code S,ection 1090). 11.12. Further Assurances. Each party will ) execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the pat-ties to this Agreement. [SIG[',JATURES ON NEXT PAGE] Page 12 ol: 13 11/18/15 CC A GEN PACKET PG 260 IN WITNESS WHEREOF, ff-ie parties hereto have caused this Amendment to be executed the day and year first written al< ove. mm m HARVEY L. HALL Mayor Pi i r t t r,,l a ni 1� A Ir APPROVED as to form: VIRGINIA GENNARO By: City Attorney Is ANDREW HEGLUND Deputy City Attorney Insurance' Surety:_ .. APPROVED as to content: IN NICK FIDLER Pubtic Works Director COUINTERSIIGNED: go NELSON K. SMIITH Finance Director �101 m Allochrnent5: Exhibit, - Check fist for, Nofice of Clon#efior) Exhibit B - Required Security Exhibit C Engir)eer's Estir-nafe Exhibit D - Sec urily Nfllkl('M NU W A(_A, F-MILN1 POgE 13 of 13 11/18/15 CC A GEN PACKET PG 261 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVI I.,. CODE', § '1189 x AD-, ',erc CA 'K, A notairy pubic; or offie officer ma,#eting tHs ceilfficate verities oinly the' denfity of the iincfivlduat wl'HD spled the dir)CUirnent tc) Midi tfris certlficate is aftached,,arid not the or validity of Umt document, State of CaMo,.�r,nia cour att y 0 ---------- 2 . .... . -1111'1,� (Din .......... Dz'l te Hery. Ir"mSlet-1, Ncame dp Ttk�, of Officrer- persmaHy appeared Name(s) of who prmd to r'ne orr the basis of safisfactoVy avicler'4c.e lo be the persoD(,,$) who!,r�-;e narrrio,-,,$) SUbscribeld tO the within lrwstrumerit aind acknowiedged to me that he,,54,io.'-At4ey execi.Aed the same ln his/jpef/tt,w,i'r aiuth�,,)id .md capacity� iegy, aind that by Hs/PW,'f/th6r slgnaturefp) ori thE,` instrUrrieM the persclq-44;), or the enfity upion behalf of whlch ihe person�a),`actecl, executed tlr,we instrument. mmTAWLIA J, HANS ON cummissbn # Me'v,5 Niotiry PuHic - CaM)Na z San �,.uis Obisp County Comm Expires Feb 14, 20 � 6 Im"W"W p crirVy urder PENA[-P OF t:IERJuJRY Under ftle iavvs of thd State of C,alifomia thah the foregoitig paragraph jS tjr'U wid correc-t. W174ESS w,iiy huid aind official seal, 4 V Sicjmah.wc,w SigrWum of Notaiy Public Phac,e Notary Sea! Above, ............ --- ........... - ................ OPTIONAL . ........ . ................ . Pic,n.igh thfs, secticwl h:a OpfiOMY, ( (,'W7r)1e1irig thiS hd(JM`rafioi� c,un cfete�r altemlim of the doctjri,wit oi, ft,atidulerif rerahacht iei,it of this toi-m tci wait umMem.J(-,,,d ckpcument Desc6pfion of Attached Dommi'le Tifle or Type of Docurit&it 1-fate, Number of l�lages- §igmir(s) Other "rtiar Nairi(,d Above: Capa6ty(ies) Claimed by Sioim--�r(s) C)q s Nar'ne� inerr' S i n e ir's N a rn e Coirporat(,,� Officer 1-Me(s)� r ate Officer I itk)(sf: Parhier - [.Jmrtefd Gerueirai ParWrer imitc)d (3weiraN �i-6vicfijW Altomey �in Fact ��dividua� Mtorney ln I'act T in.a sl�ee G,Uardkan or Cormservator T'rm istee G.-mr(JOn or, Gcjrwservator Sigrier Vs Reproserifiri�g�� 4" 3'kigrrer �s Rep I r(as6mii t , , " ",0 aa, P2014 Magid mu Notary Assoclation �� www,NaHanM,4otary,org - "1-800 t NOI-ARY (1-800-876-6827) iteffl #5,)07 11/18/15 CC AGENDA PACKET PG 262 PUBLIC WORKS DEPARTMENT CITY OF BAKERSFIELD SUBDIVISIONS �USIUOMWALMMMA UM-11101 MOV44 till 91 a Project No. Phase NIB Subrnll a �...opy of this check]isl Mh your Notice of Coriiplefion package, Include ak its,. MS Ofl ttui checklist with yOUr package, If an ctern is already on file with the Cat y, please sa') nole, if any iten-i is marked as NA (nol applicable). provide a written justifi cation or oxplanafion, FaHure t0 SUbinrit this checklist or to address aH it erns on Ole checklist Mi result in a delay in hHng the Notice (-,)f Cornpletion au (Por in 0"Ie release of ally SeWrifies, Processing of a Nolice of (,;ornpletion cannot proceed until SubdMsions has received direct confirrTia6on. from the Construction C)Msion thal l-,xlnch list Oe r are coaiplete. OK NA Checkfist Item 6q'spu'rit'",h list, con#eted and sagged off by a, Recreation and Parks Construction Irispector Acceplance Letter f rorTl the Recreation and Parks-Departalent Other items r'eCILIJsred by tract con6fi(DrIS: H I F, IT A 11118115 CCAGENDA PACKET FAG 263 k - A WHEN REQWRED AMOUNT OF 1 100% of lh f, "rr O'J[frf rjh I r-')f H SECURITY in hofMc') Exhibit C ("girl Labor & Materials,/ Payment '�Iff ", f i i ,1 � -� I r171' i rT i j 1 r ( )v I I (,n re fl , .I ,',�d i (, r t ( i , ",J y r r [ ""'hcn Ile DATE OF Within 30 days citten' C i1v s'� V'' S I ,PJth 90 days oth.m "ity N6 ' 1 " � () I RELEASE/ " D�` � - " "' ' `t"(, n�:,- iI rind lincil wl I " 'f ", 1, 1 y f " "r '�Iff ", f i i ,1 � -� I r171' i rT i j 1 r ( )v I I (,n re fl , .I ,',�d i (, r t ( i , ",J y r r [ ""'hcn Ile DATE OF Within 30 days citten' C i1v s'� V'' S I ,PJth 90 days oth.m "ity N6 ' 1 " � () I RELEASE/ " D�` � - " "' ' `t"(, REDUCTION but 0 CIO,, r r i or cj�:',,fecfivo he will cw) e"I"':Ai� )fl c)r st"'!p (M('q w:v', fl fr"" In I jcf Nc"d 1c) fl r T q f o", r t i r I s T T'll, 'wv I,: I j u v I r fP ^j r ( " ff ,I r 1N t v v r) r I v wj Sr J r I r,,,. I r ) fs t I' i s s 'i1; i " d 4r i III Y v I i I f''A dis i c t r Z�-' (A (v I v) t I^ 5 "." I v 1 f 1 1[1c" t h �T' r 1 11 cif c111 I y' i 1: 1 t � '�"A t 'A' 'j I r, c 1 11 n"i r vv ray t Int f I i r r i (.D fll[ 11 k": is v/111 t v� ' �,rry t ;' (IT) (A'1�(A'Anf fir i� vf'q In ho (:,r dr I; if I K) C ovifl ("Oy r(:/' A[p"'h lv' r"A' t 11118115 CCAGENDA PAC KETPG 264 LOTS DATE 9Z3/2015 REV. DATE ... . ...... 5 EXHIBIT C 11118115 CCAGENDA PAC KETFAG 265 "_ 95,490.00 JAN-rrry UNIT UNIT PRfCE AMOUNT NOTES SP .. . . ............ . SF.. F . . ....... ..... . ................ 28,665 SF $6.00 $171,990-00 . ..... . ......... SF S . . . . . . . . .............. .. . . ............ . . . . ........... .. . EA ............. . . . . ........... . $171,990.00 20% $267,4 30.00 $53,496.00 ... . ...... 5 EXHIBIT C 11118115 CCAGENDA PAC KETFAG 265 Bond No, 0584670 Agreeinent No. 07-406(1) To that end, Principal and! International Fidelity insurance Compaiilly ("Surety") are held and firmly bound unto the City in the penal sum of $335,9716.00 for the payment of which sum well and truly to bM. made, we bind ourselves and our heiirs, successors, executors, and administrators, jointly and severally, firmily by these presents, As a part of the obligation secured hereby and in addition to the face amount specified, therefor, there wi�l;l be included costs and reasonable expenses and fees, including, reasonable aittorney's fees, incurred by City in successfuilly enforcing such obligation, all to be taxed as costs: and included in any judgment rendered. Surety hereby stipulates, and agrees that no change, extension of tinne, alteration, or addition to the LM: In witness whereof, this instrument has been duly execluted by Principal and Surety on Novern1ber 2 20115. PERFORMANCE BOND Last Revised: Decerniber 6, 2013 SURETY Internationall FWefity Insurance C mpany, . . ...... ... By: Its: Myrna Smith, Aitorney-in•Fact Im EXHIBIT D 11/18/15 CC A GEN PACKET PG 266 Tel (973) 624 -7200 POWER F ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 KNOW ALL MEN BY THESE PRESENTS That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the ante of g p y _ Jersey, do hereby constitute and appoint Pennsylvania, having their principal office in the City of Newark, New Jors ...... _._..__ _. ..i �IIM MINIM Pismo Beach, CA. f'ct to execute seal and deliver for and on Its behalf as surety, an and all bonds and undertakings v _ their true and lawful attorneys } -in= a °mm ° y — - , contracts of indemnity and other writin s obligatory in the nature thereof, which are or may be allowed, required or errnitted by late statute, rule, reguNation, contract or otherwise and the execution of such instruments in pursuance of these presents, shall be as binding upon the said, II�NTERNAT1ONAL FIDELITY INSUIRANC COMPANY and ALLEGH _ —Y CAS I A Y JOMPANY, as fully and amply, to all intents and! purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Dower of Attorneyy is executed„ and ma be revoked'„ pursuant to and byy authority� of the H�-Lawws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEC�FtlENY CASUALTY Cf7MPANY and is granted under and by authority of the follow n resolution adopted by the ISoard of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting dui held on the 20th day of July, 2010 and by the Hoard of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, ~1000 "RESOLVED, that (1) the President, Vice President, Chief Executive Officer or Secretary of the Corporation shall have the power to appoint„ and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, arid to execute on behalf of the C'orporatio'n and affix the Corporations seal thereto, bonds, undertakings, recognizances, contracts of indemnit and other written obl'ogations un the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the ap'pointme% of joint- control custodians, a ents for acre tance of process, and Attorneys-In-fact, with authority to execute waivers and consents on behalf of it Corporation; and l"J) the signature of any, Brach Cgf cer of the Corporation and the Corporation's seat may be affixed' by facsimile to any power of attorney or car "6ication iven ffor the execution of any bond, undertaking, recognizance, contract of indemnity or other written oblN ation In the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the 8orporation as the original sNgnature of such officer an the original seal of the Corporation to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WWN~IEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY NY CASUALTY COMPANY have each executed and attested these presents on this 22nd day of KJ'uly, 2014. STATE OF NEW JERSEY County of Essex � „ 1 ROBERT W. . MINSTER Chief Executive Officer (International Fidelity � pr�r�yfLlp d Insurance Company) and President (Alleg eny Casualty Company) Can this 22nd day of July 2014, before me came the individual who executers the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companiesi that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set m hand affixed my t3ffNci�ait Seall, �y��,�,,m,mm,mmaa :,aa at the City of Newark, New Jersey the day and year first above written. as m PUDLIC it M` A NOTARY PUBLIC OF NEW JERSEY "M,, ' "•.. ` My Commission Expires April 16, 2019 a, Pa OF NE's 3 "' ++'rMaW 0i" CERTIFICATION I, the undersigned officer of NNTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. y IN TESTIMONY WHEREOF, I have hereunto set rrr trand this ;� " "w� „fm�.” day 'oaf jr:, ,&mui _ NCpz", CALIFORNIA AiLL-PU'RPOSE ACKNOWLEDGMENT CIVIL CODE § 11891 . . . . . ....................... . . ....... A notary public or other officer coimpleting this certificate veriftes onty the identity of the IMdividual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, County of San I-uis Obj!�Lj) or the entity upon behalf of which the personW acted, executed the instrument. z 16 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature_ Signature of Notary Public PYace Notary Seal'Above . . ..... ...... . I =#ga Description of Attached Document Title or Type of Document: Document Date, Number of Pages. _ Signer(s) Other Than Named Above: 02014 National Notary Association - www.NationalNiotary.orgi - 1-800-US NOTARY (1-800;-876-6827) ltern#5907 11118115 CC AGENDA PACKET FAG 268 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § '1189 A nr,)tary pubk or other officer cf,')nipielng thts cew�ifirmfe verrfies only ffie idenkty of th irrdirrudwal who signed ti,re dociriment to whidi'ffiis certificale is affa&ed, and not the firuthfulness, aCCUMGY, or vaHd�ty of that docurnent. State, Hof Cafiforhia Conty of u .... ....... A before 6 ..... .. .. . ` A L " On wie, �a L . . ..... 12 . .. .. . ........... .... . .. [)ate f-iere, Insert NarTy e,, a 77tk,� of" the personaily appeared 4, Alatr�e(s) of Sigh"er(s)' who pirom-i to me on the basis, of s,'afisfat,',t(,)ry evudenc(,, to be the person ) Iq)hos;e name t,) SLA')scribed to fl"�e witNn instrument and zackrumleirJged to rne that hip/stle/they executed the same in his/twr/ttielr authorized ,apac�ty(jos), and that by his/tr&/ttwlf signattxr'*J` on the pinstrumenl fl -re person,(s) or, the entfty Up(,',m bieha f of w['kh the Ipp ersori,(,$) acted, exw'lliuted the irrS,bUrnent. 1A%1fl4JL,;, 7 wo"S'jrl # �106,6?5875, ttItal:y Pubfir,,,, - Galaornia z San Luis Obisrm) County My Gomm Fxpap.s IFeb 14 2 )16 41 �0 1 c('.,wfify under. PENALTY CX: FIE " 'RJURY Unidi�,.)r. the Vaws of the State of Cakfornia that the loregoing paragnraj.:)[I is true and coirrec,1. W11 'NESS my hand and officiall seaV. Signature, Skj1161tLHFD t:: ')f Notaiy Public Place Notary Seal Ab(,',we . ..... . ..... m m m mm mm w nwowa OP7 IONAL . .......... . .... . ....................... . ... . ............... . 7'bough this, section is opfional, complefing fftis inforr'nafian (,,,an (Yeter, alfen.'Vion of fire docurnent ol, fraiudutei-d n,.'tatta�;hmient of ffiis, fon77 to .In ur)itptrwnidf,�,d Description of Attached Dqwurwient� Docurnent F)at ,ice T�fle or, "iype of Domnnerrt� ............ . �i, nev(s) OtHer -fhan Narned Above! NUrnber of Pages: Capacity(u es) Ctea )rp Oil by Sligne.r(s) SO'vr's Narne-', i f ez Coq.')iorate Gffici�,ar Flartner, -.. V,Jrnite(.J G(-,)nera� lindMO,m Attorney 0 Fact I r rA 13 tEE( 11 ('4J - m rcan r)r Conservato oti1 " � .... ... . sigrrer pur lR epreselr,&g" "/"r�J 41- Signe�'s Il rne:_, . . . . ....... Corporate Officer, I itle(s)� JrTiiteid (3e peral k-60&m11 AUr)irney in F'aict � rt,istele Guar6an or Conse rvator Other., -Ogner ps, Flepresenfing: ;010"Kv "'� "s P'X '% KW 014 N a t i o ri a� PJota r y A s,,,,, oc. q af i lo ri - ww w, N ati o n a I N o I a r y, o rg - 1 - 800 -US N 01'A RY (1 - 8l:0 8 76 - 682 7) fte m :95 9 07 11/18/15 CC A GEN PACKET PG 269 and No. 0584670 Agreemienit No. 07-406(1) City of Bakersfield, LABOR AND MATERIALS BOND The City of Bakersfield ('Gty") ands VistaMontaire, LL C ("Principat") have entered into an aigree ment It is hereby expressly stipulated and agreed that this bond will inure to the beinefit of any and all persons, companies, anid corporati;onis entitled to file claims under Civil Code sections 90,00 through 9566, so as to give ai, right of action to them or their assigns in any suit brought upon, this bo,ndI. if suit is brought upon this bond, Surety will pay, in addition to the face amount thereof, c�osts ane reasonable expe�nses and fees, including realsoinabile attorney's feeis, incurred by City in successfully enforcing this obl�iglatioIn, to be awarded and fixed by the court, and to be taxed as costs and to hill included ini'the judgment therein rendered. Surety hereby stipulates and agrees that no change, extension of tinne, alteration, or addition to the Pxne-it. n.L-1 -. uo*irk t* il Qerfisi-ff ed thereunder or to the related soecificationis shiall a lilt lin witness whereof, t s instrument has been duty executed by the principal and�, surety above nanned, on ��, 20 15. '1 PRINCIPAI. SURETY M, ntaire, LLC I n ternation al Fidelity I n sIu rance Com palsy By, BY, 77, t7e-� -in-Fact Its: i T" its: Myrna Smi(W) Attorney 11M rAM01 I U 11/18/15 CC A GENDA PA CKET PIG 2 70 Tel ('g 3) 624 -7200 POWER Off" TTORNE" INTERNATION AL FIDELITY INSURANCE COMPANY ALLEGHENY CASUALTY COMPANY ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102 -5207 KNOW ALL MEN BY THESE PRESENTS. That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and ALLEGHENY CASUALTY COMPANY a corporation organized and existing under the laws of the State of Pennsvlvanda, havino their principal office in the City of Newark, New Jersey, do hereby constitute and appoint r.IADON H, SMITH, MYRNA SMITH :r their true and lawful wful attornr;y(s)- in•fact to execrate, seal and deliver for and on dis behalf as surety, any and all bonds and undertakings, contracts of indemnity grad other writin s obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, role, regelation, contract or otherwise and the execution of such Instrument(s) in �ppursuance of these presents, shall be as banding upon the said INTERNATIONAL FIDELITY INSU'RANC COMPANY and ALLEGHENY CASUAL. f Y COMPANY, as fully and amply, to all intents and', purposes, as if the same had been dully executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorneyy is executed, and may be. revoked„ pursuant to and by authorit of the B Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLE&ENY CASUALTY COMPANY and is granted under and try authori y of the fo llowin resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting dulyy� held on the 20t1h day of July, 20% and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of Al 21000: "`RESOLVED, that (1) the President Vice President, Chief Executive Officer or Secretary of the Corporation shall have the ppower to appoint„ and too revoke the appointrnents of, Attorneys in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and aff#x the Corporations seal thereto, bonds, undertakings, recognizances„ contracts of Jndemnit and other written obdir aborts in the nature th;aereof or related thereto; and (2) any such Officers of the C'or oration may appoint and revoke the aptaodntmen of joint - control custolans a tints for accepptance rat process, and Attorney a,n fact with authority to execuFe w aivers and consents on behatlf of the Cor orations and 3 the signature o any such Officer ofi the Corporation and the Corporation's seal may be affixed by facsinfle to any power of attorney or cer ifNcation given or the execution of any bond, undertaking reoognrzana;e, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafitasr„ being hereby adorted by the Corporation as the original sNqnature of such officer an the original seal of the Corporation, to Noe valid and binding upoa� the Corporation with the same force and effect as though manuall y affixed," IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGl IENY CASUALTY COMPANY have each executed and! attested these presents of) this 22nd day of July, 2014. STATE OF NEW JERSEY County of Essex Y " ROBERT W. MINSTER Chief E'xecutiv'e Officer (International Fidelity Insurance Company) and President (Alleg eny Casualty Company) ry CtiN 1936 On this 22nd day of ,Duly 2014, before me came the individual who executed the preceding instrument, to me personally/ known, and being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FfLDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY ; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed b order of the Boards of Directors of said Companies. y p NN TESTIMONY WHEREOF, I have hereunto set m hand' affixed my Official Seal, ,, „ryrrrrrrwar, at the City of Newark, New Jersey the day and year first above written. ICY NOTARY = a y '.r PU00C 0 A NOTARY PUBLIC OF NEW JERSEY My Commission Expires April 16, 2019 , °ra�aOF Nt Vt}�h w` CERTIFICATION 1, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said cornpanies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, II have hereunto set my hand this �� w��r��` day of CALIFORNIA ALL-PURPOSE, ACKNOWLEDGMENT CIVIL CODE § 11�89 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document, - --------- Mr-MOT19-rMTO A" 141 " 1 W01111" L"I "fF 11042111110111 1 ;1 T" ", MR. lliO"I.-*,"�li�i'-,q MOGAN 11011 alm, I 1 1 Ifil or the einti�ty upon behalf of which the person(p) acted, executed the instrument. 17; M is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public 02014 National Notary Association: - wwwNationalNotary.org - 1-800-4JS NOTARY (1-8DO-8716-6827) Item #5907 11/18/15 CC A GENDA PAC ET PG 272 9 Lu s ftspu Ca unly 1, 2016 17; M is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public 02014 National Notary Association: - wwwNationalNotary.org - 1-800-4JS NOTARY (1-8DO-8716-6827) Item #5907 11/18/15 CC A GENDA PAC ET PG 272 CALWORNRA ALL.-PURPOSE ACKNOWLEDGMENT ClIVIL CODE § 11,89 ,f 0 <W,8U1<11X'x14 . . . . .. ............ . . . -- --------- A nolary �,)ubk or other officer ccxnp�eting this certifir.,,,ate veirffies only ffie identity of Rie individual who siligned the domument to this certificate Is attached, and not ffie t1r'U1hfUh1FW, accajraq or vaHdity of that diocument, .... .. .... ... State of Cafifor ran ,a Coven vwf ............ rin F,,5 before iv, , - ---------- --- Date Hem,, Itiseil, Np;7,!e ,and Title o ttw�,� cwficei, personaHy appeare(J Z who proved tic) rne on the Ibeisis of szifistfactory evkJence to be H Iper'sm; ,$)'wh(,x;e rim-rip(f') is/ams, sub�s,cidbed to ftie within kmtrurneat airwl acknoMecaged to rne liwat exeWied the swne in hiso,tvar/ttwir authoirized capa&iy4ies), and that by siginatur red pv),on 011BI o11ISfi-Umentthe persori(R), or the entity Upon behalf of wt'uich 9"le pwSONa) actec , exemAecl Lhe insti urn�-.,riL A"bA�A`iA",,j6 TOM LA J, HANS(PY, CMTIM�SSk)n # 19668n75, N(�tary FlubHc - C,'akfarnia z logs Lw ()rrispo county My Comm_ Expues Feb 14, 2016 cli U11der PENAL FY OF` PEF0,MY urmic.,,,w ihip daws of the State of Cafiforinu a ffiat the ficwegoing paragraph us true and I,,;orrect. W t NESS my hand wicl offi(,,Jap seal, Signature S'Ifgrm,atufe of Notaty Public Place NotarY Seal Above ........ ....mm OPTIONAL Though this sectio/7 h,; ciptiofml, ccwnpietit7g this ir-ifirmath--m car�r (Yeter affi,"leatioii w.)f the (Jociumev-d ar, fu auclulent of this fonrn to atu ut70term'J(--,,d doCUPTN,.a`,nt. Descriptiort of Aftached Doc;prm rat / X x 1 Itie or Type of Douirnent"",," D(,"x,,;urnent )atr NUmber of Rages'. / , ___ &igrv.,,,r(s� Other Than t,Iwr'ied Abuve: Capacity(ies) by Signer(s) arvq g r B e i" s N a rr'r e Corporate Offim Ti'He(s): Padnerr _' tL i ir'n I t efA Generai inidk/iduW Attomey in Fact Trustirae'.1, / (33yaldian (:!w C;orusfmvator &gi-ieii, Is Fiierlire sent H`g� �;4� 4`1,11i4', Sigmi's Nairne�, Corporate Offic;eir - Tifle(s): 1"artner -,- Uri,iited General 1rujividuai Attorney in IFact Tri..,rstee Giiiiardiain or Conservator Other,- '13ignier is f3epreserifing. f,�52014 NatIonal Notary Associafio wwwNationallotmy.org - 'I 800-tJS NOTARY (1 hem #5907 11/18/15 CC A GEN PACKET PG 273 l'wLL�. & DATE INMIDDYiFY CERTIFICATE �F LIABILITY INSURANCE 10 / 01 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE. DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THUS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT* If the certificate holder is an ADDITIONAL INSURED, the policy7(ies) must be endorsed. If SUBROGATION IS WAIVED, Subject to the terms and conditions of the policy, certain policies may require an endorsement.. A statement on this certificate dues not confer rights to the certificate holder in lieu of such endorsement(s). CONTACT r1,?C+Te. RODUCER _. NAFEIE; Cecile ,5" t' 1. „_.— __ FAX ........... ...... __._. KIA Insurance Associates, Inc. PaaoryE Q661f 835- �15�t2 c Na assn ra.t a��d License ## 041 5101 ADDARL , cecilems@kla-ins.com P.O. 'Box 11390 I NSURIER( S), AfW9R0jNCCOVEFtAi� '� "e...._ —.._. NAIC# Bakersfield CA 1-1-111--- 93389 -1.390 INSURERA>r.�nited Species ty i ns�tar�n�n.�.e......,,.. 1 INSURED ..�....._� ...,�....__— -._ .,..... ......�. ... "INSURER !9 aliforni "a,.. Ca. � tai .......... _._.._ ......_. 13.5,4 "4... .. S & S Homes of the Central Coast Inc. INSURER C„ ,N do nwide Mutual Ins. Co. 99S Huston Street, C' aNStaR� _ ..._ „ -- ...�,.._... - - - - -- ..... n [INSURER G�tatire,s Beach 93433 F: RP COVERAGES CERTIFICATE. NUMBER:15 /16 L /,auto REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LASTED [AEI OW HAVE BEEN ISSUED TO THE INSURED NAMED ,ABOVE FOR THE POLICY PERJOD TI WHICH THls INDICATED N47T"v'uI�IHT;�1'4NE�ING ANY REQUIREMENT "IERNI C7M, CONDITION OF ANY CONTRACT R CYTNEi� 6T4"�CLP7�71ENT WITH RFSP&°CT TO Li 'TERMS, CERTIFICATE MAY BE ISSUED CFA MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS, SUBJECT T(-) ALL THE XCI.I. S..I. C N e ANC CONDITIONS OF S1t I POLICIES, N1TS SHOWN MAY HAVE BEEN REDUCED BY S , ,.I ., AarL S7 , xNSR TYPE OF INSURANCE POLICY NUMBER LTa . [CSFY Y7YIM Y Po_acY Erf POLICY ELP LIMITS GENERAL LIABILITY FAH CA a UFP , FN E 1,000,0100 _ I.aDar�R��” E T d"� KT"a�(TEd a 5D QCC " S.UAMFR4;", IA u,L tl�FV`:R f I IAL-fl ...I (Y E 4 VI�.l E d CCC lrti'G:a_t[,d_, , r 4 — l CLAWS .r �,I� >E Imp 1 aIr:CUR zO152772 /2:3/2015 5/2:3/2016 MF- I XI-r .fir one srsul K' Excluded a ..mm — —__ _ F'CEtiUS.7Pti .I,.FaAL3V IhJJUl4 r 1 CCC 0001' ..LPaEhFr GCFrd4,TL. „.,CCC 000 u..,..... iTEI'dl Ar".Caki_'IGJCTU B [Wt APPLIES Pt f ... .. 2,000,000 frCLIIC;1( �:1� � � C.C1C'. -. AB.:. 7OMT7r3ra.E LaA81Ltl7"Y V1�E��Q�E fI zc.rpairrt �,mm�,,,me " i B' )Dl L' " IN.IURY t Per $ . FANY a UR-) . .. A.LI ,, OWNED � SC HE DULTI�s BAA11804050 — .... .... ......._._. 5/18/2015 5/18/203,6 lDLti6( y INJURdy /Per a cjden,Ii S /. E _ f4llTr,T�� _ aCDV' +eS ”? X NON- C1ANEI) 4{'yG�TMI:noMIdCE ... ._....._ (C)eI vrc�I ntl HIRE D' UI OJT; AUTOS -111111111-- __..- limit UM BREL LA LIAe OCCUR PAC V I UA aPLE N { 3.._, ..... EXCESS LIAS CLAIMS—MADE.. i I �;.0 ( REGATIT T C?ECw N'YETEP„1'TkC:aNS I VCDTBB- WORKERSC�7�MPENSA'TION ...._, AND EMtl P L LYE RS" 'L1ABIL I TrY Y P kJ M;, U LF( Ff ,�C,r ITIECdT M ANY PRCPI MF-r4�YFC1'PARTNER7E MF.I3U11VL "r N a A _ QFf� l- D'MEM M R E: Frw'r.r�rc.or�3.Lb ....m I„,".". L. DISEASE EA FVF1 I YE $ .... byes drscntmrrurLl.r CDLS,b ',IPTION OF C)PERA7IONS beI aw E L Ckl sI f II PO L« v LIMFF ', S C Scheduled Equipment CP"781651.80458 5,/18/2015 118/2016 Sl,[Mr�Dscl $188,600 DIESCRIPTION OF OPERATIONS f LOCATIONS N VEHICLES (Attach ACORD 10,1, Additional Remarks Schedule, it more space as rerqurrr±dl employees and Vie: Tract 61.37. The City of Bakersfield, its mayor, council, officers, agents, volunteers are included as an additional insured as respects General Liability and this insurnce is primary. Endorsements are attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Bakersfield Public Works Dept. AUTH0RIZED REP RE5ENTATIWE 1505I Truxtun Ave Bakersfield, CA 93301 ;r S Davis - -SD /CECILE ACORD 25 ( 0101115) (0 1988-2010 ACORD CORPORATION. All bights reserved. wsn?s cxwwv, 611 Ti— Ar"np, n wv�mn a rwr9 Nrxrn a r r nacFr I m.i,L,. r f A r�rnaara FWPIAIT F: 11/18/15 CC A GENDA PACKET FAG 274 POLICYNUMBER, HT0152772U COMMERCIAL GENERAL LIABIUTY CG 2010,0 13 0 1, 0 UM011 IL This endorsernient modifies insurance provided under the following` COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 — Who Is An Insured: is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury', "'property damage" or "personal:: and advertising injury" caused, in whole or in part, by; 1. Your acts or omissions: or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insuired(s) at the locations) designated above. B. With respect to the insurance afforded to these additional insureds,, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "'property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion, of "your work" out of which the injury or damage arises has been put to its intended use by any Iperon or organization other 1. The insurance afforded to such additional insured only than another contractor ors,uucotikratLorengaged applies to the extent permitted by law, and in performing operations for a principal as a part of 2. If coverage provided to the additional insured is the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that whiich, you are required by the contract or agreement to provide for such additional insured. CG 20 10 041 09 Insurance Services Office, Inc., 2012 Paige I of 2 . . ...... . .... 11/18/15 CC A GEN PACKET PG 275 C. with respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of insurance, If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreernent or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not Increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 @ lnsurance Services Office, Inc- 2012 CG 20 10 04 13 TERM 11/18/15 CC A GEN PACKET PG 276 POUCYNUIMIBER� ii,rol527720 A ILIA CG: 20 37 01 04 This endorsement modifies insurance provided under the foflowrng, Section 11 — Who Is, An Insured is amended to include as an additional insured the person(s) or orgaruzation(s) shown in the Schedule, blut only with respect to IliabiIity for "biodily injury" or "property darnage" caused, in whole or in part, by "your work" at the location designated and diescribed in the schedUlle of this endorsement performed for that additional insured and included in the "products- completed operations hazard". CG 20 37 07'04 (D lSo Properties, Inc,, 2004 Page 1 of 1 M 11/18/15 CC A GEN PA & FAG 277 71111111111 I I # EMHURMHMU: ■f #« = IIIIIIIIIIIIIIIIIIIIIIIIII iii��lll!!Illllll,l�l�iiijililiI IIIIIIIIII1111111111, II! 111111111 11111 gamy Any coverage provided to an *d y©» Insured shall be excess over any other valid and collectible insurance available to such Additional Insured whether primary, excess, contingent or on a«:2<% basis unl�ess: 1) a written con,tract or written, agreement specifically requires that this insurance apply on a primary and non-contributory, basis;or 2) prior to, «l m you request in wrifing and we agiree that this inSUrance shall apply on a primary and non-contributory biasis. All other terms, conditions and eIxclusionIs under this poilicy it applicable to this Endorsement and remain unchanged. JS�C VEN 104 02 11 07 Page I of I C:VUIDIT 17 11/18/15 CC /SEND/ PACKET PIS //3 �..�.,, SSHC]M-2 OP ID: KL CERTIFICATE OF LIABILITY INSURANCE DArEIMMtlBDMYrYYl 16-� J 1110212016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMP'ORTANT.. If the certificate holder is an ADDITIONAL INSURED, the Policy(ies) must be endorsed, If SUIBROGATION IS WAIVED, subject to the terms and conditions of the Polley, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER. BUCKMAN MITCHELL, INC. P.O. BOX 629 5500 North Santa Fe Street ISALIA, CA 93279 Donald P, Sharp INSURED S,&S Homes of the Central Coast. 998 Huston, Suite C Grover Beach, CA 93433 E's' -' Certificate Department Vi FAX - 738. 5517 a, F ?KW 659.733 -8 I, No) 559 RE S ; kathy@bm Irtc.com INSURER(S) AFFORDING COVERAGE ......... NAIC IRERA State Compensation, Ins. Fund ......... _.... '5075 .... SURER E OVERAGES CERTIFICATE NUMBER: Ht:V151UN NUr bLK: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE (POLICY PERIOD INDICATED. No'rwITHSTYSd+g4'3iNG ANY REQUIREMENT, TERM OR CONDITION OF: ANY CONTRACT OR OTHER DOCUMENT WITH RESPE4:T TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT" TO ALL THE 'TERMS. EIKCLUSIt7NS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS COMMERCIAL GENERAL LIABILITY (,LAIMSMiADE OCCUR (3E.N L AG M;GA-T'E LIMIT FPPLIR. w;, PE .R ±RO- Pll1 „IL; JI:C "T l_7:; =DC; AUTOMOBILE LIABILITY ANY AU10 ALL OW ^dNED .... GHEDULFLD AUTt:S AgJi "('S . _.... NON-DINNED HJFdLr,Ai.,jr, s L.......... AUTOS UMBRELLA LIAR rr"ClJR %:. EXCESS LIAR C:I.. APO ;,.ru1AD '....... DED RE I`ENTIC1Ef S 'VWORKERS COMPENSA'"nON AND EMPLOYERS UARILI:TY Y I N A AN'( D H0rPRlETQR FAFTNEW xT r „�uTIdE 914f9 816 I �FEI�.� iFJrMEDrtEJEI "t r x� I IsI:YLCa N d A IMandalory In NHI IYyes deGarib-Q.TrTn;Idxu- EACH ME D I'XP> ( AFRV y n N _... PEI 0P,JAL M AE)V INA.,IRY T 4,3ENERA,, AG R i A'M' IAC)trILYIbDLLPFYIFriyra�rS+anl F�C7C`aIL. �° IN.,iL.VP� r lI ev � %G7ide.rnl) 5 En i f-M fTf,;",wUPPI "dI".I:I: Af,' t RE GATE 1110112016 1110112016, E.L EAC I I fA;'iCOL`H r i _ 1,000,0 E I n15LASE • EA EMPLOYEE 5 1,000,0 , rAhc . W-)[ vry l Mkt 1,000.0 DFSCRIPTION OF OPERATIONS f LOCATIONS F VEHICLES IACORD 101, Additional Rema." Schedule, imayr Ibe anaclard If more space Is realu res11 Rem Projects: "Tract 6642, Tract 6678', Tract 6410, Tract 7243, Tract 6297, Pract 6137, "bract 7267. 4aiver of Subrogation applies to Workers Compensation per form to follow roan insuring company, subject to policy terms and conditions. I gol 41 I Lai City of (Bakersfield ACCORDANCE WhCITNI THE POLICY PROVISIONS, 16100 Trtaxton Ave., 3rd Floor Bakersfield, CA 93301 AIdTHOIRIZEOREPRESENiATIVE @ 1988.201+1 ACORD CORPORATIION. All rights reserved. ACORO 25 (2011+1101) The ACCIRD name and logo are registered marks of ACORD EXHUT 11/18/15 CC A GENDA PACKE% FAG 279 ADMINISTRATIVE REPORT 1{ MEETING DATE: 11/18/2015 Consent - Agreements o. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 9/15/2015 A%\N13 SUBJECT: Amendment No. 2 to Agreement No. 13 -227 with Applied LNG Technologies ($1,000,000; revised not to exceed $2,600,000 and extend term on year) for the continued supply of liquefied natural gas fuel. STAFF RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On December 11, 2013, City Council approved an annual contract for the supply of liquefied natural gas (LNG) fuel to Applied LNG technologies in the amount of $800,000. The contract is renewable annually for an additional four consecutive one -year periods. On November 19, 2014, City Council approved Amendment No. 1, which increased the agreement by an additional $800,000 and extended the term for another one -year period. The demand for LNG fuel has increased the volume required on an annual basis. Please note that not only does the City use LNG fuel, but so does its contractors (e.g., Varner Bros, Inc.) who compensate the City on a reimbursement basis. Amendment No. 2 proposes to extend the term of the contract for an additional one -year period and increase compensation in the amount of $1,000,000, which provides flexibility in case of an increased demand in LNG fuel. Under the contract, the City's fuel prices are based on a variable price (SoCal Border Index for Spot Gas), plus the supplier's price differential. For bid purposes only, bidders provided their price differential to a theoretical SoCal Border index commodity price of $0.30 (the actual index price at the time of bidding) multiplied by the annual estimate of 750,000 gallons to determine the lowest bidder for the contract. During the contract period, prices are determined by the actual index price at the time of delivery. Funds are budgeted in the Public Works equipment management operating budget. ATTACHMENTS: Description D Amendment No. 2 to Agmt 13 -227 for LNG Fuel Type Agreement 11118115 CC AGENDA PACKET FAG 280 AGREEMENT NO. 13 -227 (2) AMENDMENT NO. [2] TO AGREEMENT NO. 13 -227 THIS AMENDMENT NO. 2 TO AGREEMENT NO. 13 -227 is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY "), and APPLIED LNG TECHNOLOGIES, LLC (referred to herein as "CONTRACTOR "). RECITALS WHEREAS, on the 11 th of December 2013, the CITY and CONTRACTOR have entered into Agreement No. 13 -227; and WHEREAS, on November 19, 2014, council approved Amendment No. 1 extending the contract term one year and increasing compensation $800,000; to allow continuance of providing liquefied natural gas fuel; and WHEREAS, the parties desire to amend Agreement No. 13 -227 to extend the agreement term one year, expiring December 31, 2016, and increase compensation ONE MILLION DOLLARS ($1,000,000); to allow continuance of providing liquefied natural gas fuel; and WHEREAS, CITY and CONTRACTOR have agreed to extend the agreement now expiring December 31, 2016, and increase compensation ONE MILLION DOLLARS ($1,000,000) not to exceed TWO MILLION SIX HUNDRED THOUSAND DOLLARS ($2,600,000); to allow continuance of providing liquefied natural gas fuel; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 2 of Agreement No. 13 -227 entitled "COMPENSATION" is hereby amended to read as follows: 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment NOT TO EXCEED TWO MILLION SIX HUNDRED THOUSAND DOLLARS ($2,600,000) in accordance with the bid documents. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. -- Page 1 of 3 Pages -- 11118115 CC ACEN A PACKET FCC 281 CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. 2. Except as amended herein, all provisions of Agreement No. 13 -227 shall remain in full force and effect. •�• IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. 13 -227 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD By: HARVEY L. HALL Mayor APPROVED AS TO CONTENT: FINANCE DEPARTMENT By: SANDRA JIMENEZ Assistant Finance Director "CONTRACTOR" APPLIED LNG TECHNOLOGIES, LLC By: Print Name: Title: -- Page 2 of 3 Pages -- 11118115 CC ACEN A PACKET FCC 282 APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JOSHUA H. RUDNICK Deputy City Attorney COUNTERSIGNED: NELSON SMITH Finance Director Insurance Approved by Risk Management: -- Page 3 of 3 Pages -- 11118115 CC ACEN A PACKET FCC 283 ADMINISTRATIVE REPORT 1{ MEETING DATE: 11/18/2015 Consent - Agreements p. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/16/2015 WARD: Ward 3 SUBJECT: Contract Change Order Nos. 2, 4, 5, 7 and 10 to Agreement No. 15 -094 with Granite Construction Company ($17,909.79; revised not to exceed $22,282,612.89; change orders funded with Federal Earmark Funds {88.53 %) and Transportation Development Funds {11.47 %}) for the State Route 178 Widening Construction Project (TRIP). STAFF RECOMMENDATION: Staff recommends approval of Contract Change Orders. BACKGROUND: The SR -178 Widening Project consists of widening the existing two lane highway to three lanes in each direction with paved median and shoulders from Canteria Drive to Masterson Street, and to two lanes in each direction with paved median and shoulders from Masterson Street to Miramonte Drive. The project also includes installing traffic signals at the SR -178 intersections with SR -184, and with Masterson Street. Storm drainage improvements and a short section of retaining wall are also included with the project. Change Order No. 2 provides for locating, modifying, and relocating approximately 700 linear feet of waterline to eliminate conflicts with the joint utility trench installation. The plans provided by the Palm Mutual Water Company for its waterline indicated the waterline was supposed to be 6 feet south of the joint utility trench that was being constructed as part of the project. When the contractor began working in this area, it was discovered that the waterline was actually within the limits of the joint utility trench. It was determined that it would be easier and less costly to relocate the Palm Mutual waterline than to redesign the joint utility trench which included facilities for PG &E, AT &T and Bright House Networks. The cost for this change order is an increase of $30,000. Change Order No. 4 calls for increasing the size of the AT &T steel casing from 16 -inch to 24- inch diameter, and for installing a new 10 -inch diameter steel casing for PG &E, both to accommodate AT &T and PG &E conduits that cross under SR -178. Contract drawings showed nine 4 -inch diameter PVC conduits to be placed in a 16 -inch diameter steel casing; however, AT &T installed 4 -1/2 -inch diameter conduits and as a result, the casing size needs to be increased to 24- inches to accommodate the larger conduits. In addition, Caltrans requires that any 12kv electrical line in a conduit 6 -inch or larger crossing under a State Highway needs to be 11118115 CC AGENDA PACKET FAG 284 placed within a steel casing. During the design phase of the project, PG &E agreed to put in this steel casing; however, PG &E subsequently determined that this casing should instead be part of the Rule 20B (joint utility trench) work which the City was installing, and so PG &E stated it would no longer install the casing. The cost for this change order is an increase of $14,952.50. Change Order No. 5 compensates the contractor for additional quantity of joint utility trench and compensation for modifying an existing AT &T Vault. Work for the east -west joint utility trench falls under the Rule 20B Agreement. This Agreement states that any work required to eliminate overhead services (for PG &E, AT &T and Bright House Networks) to place these facilities underground falls into the Rule 20B work which is to be completed by the City's Contractor. The linear feet of the east -west joint utility trench, at bid time, did not take into account the additional length of joint utility work required for north -south utility tie -in connection locations which were shown on the various Utility Company's drawings. These north -south connections need to be installed by the Contractor in order to fulfill connections to the Utility Company's existing facilities. The additional linear footage also includes 300 feet of north -south connection from a PG &E transformer to an existing residence which currently has overhead service and needs to be converted to underground service. In addition, an existing AT &T vault has to be modified to accommodate eleven new 2 -inch conduits that were installed as part of the joint utility trench work. The cost for this change order is an increase of $71,443.54. Change Order No. 7 compensates the Contractor for its portion of the cost savings to change the sequence of the stage construction to provide the public with a safer and more convenient route through the construction site. By modifying the stage construction plans, the contractor was able to reduce the need for k -rail and thus eliminate the "tunnel effect" as drivers travel through the construction zone. In addition, the amount of one -lane reversing traffic was reduced. The cost for this change order is a decrease of $120,406.84. Change Order No. 10 provides for compensation to the contractor for installing additional infrastructure needed to connect the traffic signal at the intersection of SR -178 and Alfred Harrell Highway to the PG &E service point. The construction plans indicated that the PG &E service point would be placed on the south side of SR -178 and the contractor installed the necessary infrastructure for the traffic signal to accommodate this service. However, when PG &E prepared their plans, they designed the service point to be installed on the north side of SR -178. As a result of this change, the contractor had to install additional infrastructure to connect the traffic signal to the new service point. The cost for this change order is an increase of $21,920.59. The net cost increase of Change Order No. 2, 4, 5, 7, and 10 is $17,909.79. This provides a total cost increase of $27,809.79 which is a 0.125% increase as illustrated below: Current Contract Amount = $ 22,254,803.10 Previous Change Orders = $ 9,900.00 Current Change Order - Nov. 18th = $ 17,909.79 Amended Contract Agreement after CCOs = $ 22,282,612.89 Net Increase to date = $ 27,809.79 Adequate local funds have been previously budgeted to cover these additional costs. ATTACHMENTS: Description Type 11118115 CC A EN A PACKET FAG 285 D 178 Widening CCO 2 D 178 Widening CCO 04 D 178 Widening CCO 05 D 178 Widening CCO 07 D 178 Widening CC01 0 Agreement Agreement Agreement Agreement Agreement 11118115 CCAGENDA PACKET FAG 286 CITY OF BAKERSFIELD " Thomas Roads Improvement Program CONTRACT CHANGE ORDER SHEET 1 of 1 CONTRACT NO. 15 -094 CHANGE ORDER NO. 2 P.O. NO. PROJECT: SR -178 Widening NCIIPL - 5109(114) TRSR37 FEDERAL NO. (S) CONTRACTOR: Granite Construction Company ADDRESS: 3005 James Road Bakersfield, CA 93308 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT, NOTE: This change order is not effective until approved by City Council or City Engineer Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. CHANGE SUBMITTED BY: Kristina Budak, Project Engineer DATE: CHANGE REQUESTED BY Kristina Budak, Proiect Enqineer DATE: Extra Work at Force Account in accordance with Section 9 -1.04 "Force Account' of the Standard Specifications perform the following: Contractor to provide all necessary labor, equipment, and materials to locate, relocate, and /or modify the existing Palm Waterline as directed by the Engineer. Contractor to be compensated in accordance with Section 9 -1.04 of the Standard Specifications, however, the standard markups for labor, equipment, and materials shall be in accordance with Section 9 -1.04A of the Revised Standard Specifications dated 01/23/15. ACCOUNT NO (S) 122 - 4021 - 825 -8041 335 - 4021 - 825 -8041 Total Estimate of Extra Work at Force Account = $30,000.00 INCREASE DECREASE Totallncrease:1 $30,000.00 $30,000.00 By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: None NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned: Finance Director Date We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted, D ,. Darryl R. Ebel ate -fief Estimator - Bakersfield Area a 11/1$/15 CCA GENDA PACKET FAG 287 CITY OF BAKERSFIELD ' � Thomas Roads Improvement Program CONTRACT CHANGE ORDER SHEET 1 of 1 CONTRACT NO. 15 -094 CHANGE ORDER NO. 4 P.O. NO. PROJECT: SR -178 Widening NCIIPL - 5109('114) TRSR37 FEDERAL NO. (S) CONTRACTOR: Granite Construction Compan ADDRESS: 3005 James Road Bakersfield, CA 93308 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective until approved by City Council or City Engineer Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. CHANGE SUBMITTED BY: Kristina Budak. Proiect Engineer DATE:. _ CHANGE REQUESTED BY Kristina Budak, Project Engineer DATE: Compensation at Agreed Lum p Sum 24" Diameter Steel Casin in lieu pf_ 16 "° ( iameterl; In accordance with Section 4 -1.05 "Changes and Extra Work," the Contractor to provide all labor, materials, and equipment to furnish and place 24" diameter steel casing in lieu of 16" diameter steel casing for the AT &T utility crossing located at Station 876 +00. For this work, the Contractor shall receive and accept an agreed lump sum amount of $2,568.50 and no additional compensation will be made. Total Extra Work at Agreed Lump Sum: $2,568.50 Compensation at Agreed Lump Sum (10" Diameter Steel Casing): In accordance with Section 4 -1.05 "Changes and Extra Work," the Contractor to provide all labor, materials, and equipment to furnish and place 10" diameter steel casing for the PG &E utility crossing located at Station 879 +50. For this work, the Contractor shall receive and accept an agreed lump sum amount of $12,384.00 and no additional compensation will be made. Total Extra Work at Agreed Lump Sum: $12,384.00 Total Estimate of Extra Work at Agreed Price = $14,952.50 Total Increase: $ 14 "g�52.�50 � ,1 ACCOUNT NO (S) 122 - 4021 -825 8041 335 - 4021 - 825 -8041 INCREASE $14 „952,50 DECREASE By reason of this order the time of City Council Approval Required YES completion will be adjusted as follows: None NO X Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned: Finance Director Date We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown uarr i H. FOCI Accepted, Date. -._.. v A q X, � M_... T4' ..lief Estimator - Bakersfield Area . , 11118115 CC A EN A PACKET FAG 288 CITY OF BAKERSFIELD i Thomas Roads Improvement Program CONTRACT CHANGE ORDER SHEET 1 of 2 CONTRACT NO. 15 -094 CHANGE ORDER NO. 5 P.O. NO. PROJECT: SR -178 Widening NCIIPL- 5109(114) TRSR37 FEDERAL NO. (S) CONTRACTOR: Granite Construction Company ADDRESS: 3005 James Road Bakersfield, CA 93308 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective until approved by City Council or City Engineer Description of work to be done, estimate of quantities, and prices to be paid Segregate between additional work of contract price, agreed price and force account Unless otherwise staled, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time CHANGE SUBMITTED BY: Kristine Budak. Project Engineer DATE: CHANGE REQUESTED BY Kristina Budak. Proiect Engineer DATE: .. ............. ............ INCREASE CONTRACT ITEM AT CONTRACT ITEM PRICE: Item Description Quantity Unit UP Percent Extended Cost 137 Joint Utility Trench 411 LF $14000 .._. , 15.00 0 $57,540,00 Total Increase Contract Item at Item Price = $57,540.00 There will be no adjustment for items listed above, in accordance with Section 9 -1.06, "Change Quantity Payment Adjustments," of the Standard Specifications by reason of this contract change order. ADJUSTMENT OF COMPENSATION AT AGREED LUMP SUM PRICE: Contractor to provide all labor, equipment, and materials as required to modify existing AT &T vault as shown on sheet 2 of 2 of this contract change order and as directed by the Engineer. For this work, the Contractor shall receive and accept the agreed upon lump sum price of $4,651 54 This sum constitutes full and complete compensation for providing all labor, materials and equipment, tools and incidentals including all mark -ups by reason of this change Total Estimate of Extra Work at Agreed Price = $4,651.54 ADJUSTMENT OF COMPENSATION AT AGREED LUMP SUM PRICE: Contractor to provide all labor, equipment, and materials as required to provide and place additional utility pull boxes as directed by the Engineer. For this work, the Contractor shall receive and accept the agreed upon lump sum price of $9,252.00. This sum constitutes full and complete compensation for providing all labor, materials and equipment, tools and incidentals including all mark -ups by reason of this change. Total Estimate of Extra Work at Agreed Price = $9,252.00 Total lncrease: $71,443.54 f7 ACCOUNT NO IS) 122 -4021- 825 -4021 335 - 4021 - 825 -4021 INCREASE $71,443.54 DECREASE By reason of this order the time of City Council Approval Required YES completion will be adjusted as follows: None NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned: Finance Director Date We, the undersigned contractor, has c ghcn careful consideration to the change proposed and hacb) agree, if Otis proposal is appro,ed, that me mill prm ide all equipmrnl, famish all materials, except as mar olher,ise be noted aboa c. and perfomt all sen ices necessan for the work abo%c spmiried, and mill accept as full pa%menl dierefom the prices shoran Chief Estimator - Bakersfield Area Accepted, Dale ��, V1'J � „r �� „_„ „, Title: �° g�^� �g�ry ®� -g� g�^� �....�.. ...^ _ , 11/1$/15 CCAlryEf�DA PAC E6 P 289 CCO NO. 5 - SHEET 2 OF 2 .. ... .... ol �j Ll) IL 11/18/15 CC A GEN PACKET PG 290 CONTRACT NO. 15 -094 CHANGE ORDER NO. 7 P.O. NO. PROJECT: SR -178 Widening NCIIPL5109(114) .. TRSR37 FEDERAL NO. (S) CONTRACTOR: Granite Construction Company ADDRESS: 3 .................. --------- , 005 James Road ..... ......................... ...... ........... ............... Bakersfield. CA 93308 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective until 22Eroved,bx Cit Council or City Engineer Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time, CHANGE SUBMITTED BY: Kristina Budak, Project Engineer DATE: CHANGE REQUESTED BY: Kristina Budak. Project Engineer DATE: Revise staging sequence for the construction of the SR -178 Widening Project as shown on Sheets 3 - 23 of this contract change order. DECREASE CONTRACT ITEM AT CONTRACT ITEM PRICE: Item Description Quanti Umt UP Percent Extended Cost erica e -230 EA 70.0 - 49°!a� 13 Plastic Traffic Drum - I EA y .. .t 00) 16 Temporary Railing (Type K) -7900 LF p_ $14.00 _- 29.37/0 (9mt 1i( ➢,l; A) 00) 17 ...... ........... ..._-- _..----- --.. -. _I Temporary Railing (Modified Type K) 52 _- -12 EA EA � - - - - -- $500.00 $6 000.00 -29.71% ..- .......... ($26,000 00) (p 2,000 00) 18 Alternative Temporary Crash Cushion 37 Obliterate Surfacing 5000 SF - 100.00% ($4,000 00) 61 Roadway Excavation _._ -640 .... Cy _mmmITITIT$0.80 $9.50 0.76% 66 Class 2 Aggregate Base -610 C'Y $29.50 0.98% 17,995 00) Total! Decrease Contract Item at Item Price = ($344,675.00) There will be no unit price adjustment for the items listed above in accordance with Section 9 -1.06, "Changed Quantity Payment Adjustments," of the Standard Specifications by reason of this change order. The quantity decreases shown for Bid Item No. 10 - Type III Barricade, No. 13 - Plastic Traffic Drum, No. 16 - Temporary Railing (Type K), No 17 - Temporary Railing (Modified Type K), and No. 18 - Alternative Temporary Crash Cushion, when combined with the quantity shown in the bid item list, and as modified by any previous change orders or revisions to dimensions made by the engineer, shall be the final quantity for which payment will be made. Extended Cost 11 1 12 Temp Traffic Stripe (Paint) ) „mm m 56102 LF $0 15 6 21 o em avemen Marking (Faint) 57 Cold Plane 14190 SF $0.231.57/0 69........a._ ........... .......Hot Mix Asphalt (Type A)..._. --- ...- _.-- .......7.0 . TN $59.00 0.09 %0 Total Increase Contract Item at Item Price = $18,867.90 There will be no unit price adjustment for the items listed above in accordance with Section 9 -1.06, "Changed Quantity Payment Adjustments," of the Standard Specifications by reason of this change order. The quantity increases shown for Bid Item No. 11 - Temp Pavement Marking (Paint) and No. 12 - Temp Traffic Stripe (Paint), when combined with the quantity shown in the bid item list, and as modified by any previous change orders or revisions to dimensions made by the engineer, shall be the final quantity for which payment will be made. continued on page 2 11/18/15 CC A GENDA PACKET FAG 291 continued from page 1 CONTRACT CHANGE ORDER SHEET 2 OF 23 CONTRACT NO. 15 -094 CHANGE ORDER NO. 7 P.O. NO. ADJUSTMENT OF COMPENSATION AT AGREED UNIT PRICE: Item Description Ouanklky Unit UP Percent . d__.- -..._. Extended Cost 1 VE (F) Delineators 3.... -.. 000 EA $25.00 _ $0.25 N/A $75,000.00 2 VE (F) Striping Removal 75000 LF J N/A $18,750.00 3 VE ( F) Signal Modifications 1 LS $15,000.00 N/A ..._ __- $15,000-00 4 VE (F) K -Rail Haul 2500 LIF m -$7,00 ....... N/A ('p 17,500 V'.1V'.'Y'1 ........ 5 VE (F) Crash Cushion Purchase 2 _� . - -EA - $6,900.00 N /A- wm „mmmm�lin1•�, " -lvu� 6 VE (F) Flagging 38 Da $1 090 00 N/A I 1,420 4':igD) 2lua� 00) 7 VE (F) HMA Paving 12006 SWF -$1.10 N /Awm 8 VE (F) _...... Drainage Efficiency 630 i Y $B.QQ m 1 _..,. -N /A __... ($5,040 00) 9 VE (F) Additional Mobs - Striping 2 EA $3,500.00 I N/A $7,000.00 Total Adjustment of Compensation at Agreed Unit Price = $24,790.00 The quantities shown for the items above shall be the final quantity for which payment will be made. ADJUSTMENT OF COMPENSATION AT AGREED LUMP SUM PRICE: In accordance with Section 4 -1.07, 'Value Engineering,” of the Standard Specifications, the Contractor agrees to accept the above decrease in contract payments, increase in contract payments, adjustments at agreed unit prices, and a lump sum payment of $180,610.26 (60% of the total savings amount of $301,017.10) as full compensation for this change. Adjustment of Compensation at Agreed Lump Sum = $180,610.26 ACCOUNT NO (S) 122- 4021- 825 -8041 335- 4021 - 825 -8041 INCREASE DECREASE Total Decrease: ($120,406,,84) $0,00 By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: No Adjustment NO _ .... ....._ .................... - -..._ _..... - - -_ Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: CITY ENGINEER Mayor Countersigned: FINANCE DIRECTOR Date We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all maleri ah,, eNce rl as rnav otherwise be noted above, and mrform all services nee vsm), for the work alm e s Twcified, and will acc rt as, fuH a% meat therefore the pnees, shown above, • . Darryl R. l Accepted, Date: Contractor TitllS. 11/18/15 CC AGENDA PACKET FAG 292 CCO NO. 7 - SHEET 3 OF 23 TRSR37 SR 178 WIDENING MAINLINE SR 178 AREA 1: *WEST END* STATION AREA 2: *MID 178* STATION AREA 3: *EAST END* STATION X- SECTIONS 784 +00 TO 840 +00 840 +00 TO 894 +00 894 +00 TO 934 +00 11118115 CC A EN A PACKET FAG 293 LL 0 cn b z 0 '010 C- 0) :3 0 L- C- -1-a C) LO M 00 z 0 U) 00 ry U) U) ",7 0 C) n z n C) LU .LD (D 0 x W N E a) 0 0 z O C) > co m I C .5 c 0 w z 0 N 0 06 io (D 0 N 0 o6 uj Z 0 N Y Of 0 otS w z 0 N Y [If 0 0 00 z w 0- ui Cf) 0 z m < C14 a) co 00 CN (3) 0) U) � U) 11118115 CCAGENDA PAC KETPG 294 LL 0 ui w M U) b z 0 0 0 z Lij 0 U—) 0 N + + 12 0 0 0 aJ LO 0) 0 C) C\i + 00 00 < co w 0- C— w > m > w (D > CL- N IL "0 U) 0 0 0 C� N z LLJ Z 4--j 4-a 0 N 0 O + 0 (Y) 06 It r"ll— �o (D 00 00 Z 0 F— w F— Z 0 U ) N Y 0-1 00 0 0 ooN c, ry o L.. .D < n m z z cli (Z M I z W w EL C) > ui w < :D .r. r 0 EL L4 C\i U) U) Z 0 co IL 0 0 z z C) ct Lu M 'a O C) F- N � � w Z z ON C) LIJ O od H Li < (N co co N a) co (3) (D CM 4- co rn cn U) 11118115 CCAGENDA PAC KETFAG 29L cy') C\j LL 0 CD F- ui ui U) 0 z 0 C) LO CY) I'll-- 00 C- 0 L— C— C) LO 00 Z 0 U) 00 ry m T z Cg C) :D z 0 O LU uu CY ILU 0- C) LLI I c C) 0) ol co o 2 c 0 C) L > -C 0) c\i m (CC C) c 2 c 2 c 0 c > Z a IN co CL �o 0 C) I W z 0 N `S Of 0 06 io (.0 uj z 0 N 0 ui z 0 N Y ly 0 c4 in ui z 0 N Y Of 0 O 00 z Na LL LU IL ui (D U) 0 z m (N (D co co U) U) 11118115( CL .co co U) c 0 i 0 _0 N .cn cc O 0 E -0 N 0 E N c 2 0 ie 0 U) --C A GEN PACKET PG 296 LL 0 h^� ui w M U) h^� b z 0 ui i U Ca U d- m I -� -I O n� N 1� U O d- c� m Q 11/18/15 CC A GENDA PAC ET FAG 297 LL 0 00 F- ui w M U) b z 0 0 LO c- CY) :3 0 LO 00 Z 0 U) 00 ry U) 0- C) LU CD c 2 U O cl ti 2 2 T-- N_ 0 w z 0 N 0 06 �n co Lli z 0 N Y (If 0 otS in co z n 0- w 0 0 z z 0— N Lij 0— Lij 0 U) 0 z N a) a) co cn 11118115 z n CL w co 0 z z IL 0-1 ui a- ui cn 0 z co co f^ CC AGENDA PACKET PG 298 TRSR37 SR 178 WIDENING REVISED TRAFFIC HANDLING PLANS SR 184 REALIGNMENT AREA 4: SR 184 AND OLD KERN CANYON ROAD CCO NO. 7 - SHEET 9 OF 23 11/18/15 CC A GENDA PACKET FAG 299 N LL 0 LUC7 F- LU 2 cn h- b z 0 U U 8 uo Ws 00 0 a �zod Y Diu° - - hQ�o WW - M0139 33S 3NI1 HOlVW 3 ¢ +i I —7 ; b1 +I 1 I ^, N az � III 11 1 m� �a r 1 HO1tlW r z �a uE _ - Z U O N 0-' W N OU Uz 1 OV W Ln 3F 00, � o ¢a U my o¢ a Op W ^ o V � Z > o�OON o F K J 0] ❑ a a L£-OS 133HS 3 / I I I I I I L� ^ I r I r1 a 1 � I I z :11 f ti f� N F r\ N � � N o � 7 `\ 03SIA3a 31v0 WIN A38JJ3P A8 03SIA38 NOIONf18 A36333f 6" ! 3 ¢ +i 7 v o a N 3 co w Z.. o^ � +I 3 a � w N JE a m aJ o � z�n ^N r aw m� -o QZ .. 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PROJECT: SR -178 Widening TRSR37 CONTRACTOR: Granite Construction Company ADDRESS: 3005 James Road Bakersfield. CA 93308 SHEET 1 of 3 NCIIPL- 5109(114) FEDERAL NO. (S) YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective until approved by City Council or City Engineer Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. CHANGE SUBMITTED BY: Kristina Budak, Project Engineer DATE: CHANGE REQUESTED BY Kristina Budak. Project Engineer DATE: Extra Work at Agreed Lump Sum (PG &E Service Point Change): In accordance with Section 4 -1.05 "Changes and Extra Work" of the Standard Specifications, the Contractor shall run electrical service from the PG &E Service Point on the north side of Highway 178 to the existing service cabinet located on the southwest corner of the State Route 178 and Alfred Harrell Highway intersection as shown on Revised Plan Sheets E -25 and E -41 dated October 20, 2015 included as sheets 2 and 3 of this Contract Change Order. For this work, the Contractor shall accept and receive the lump sum amount of $21,920.59. This amount constitutes full and complete compensation for providing all labor, material, equipment, tools and incidentals, including all markups by reason of this change and no additional compensation will be provided. All work shall be in accordance with contract documents. Total Extra Work at Agreed Lump Sum: $21,920.59 Totallncrease: $21,920.59 ACCOUNT NO (S) 122 - 4021 - 825 -4021 335 - 4021 - 825 -4021 INCREASE $21,920.59 DECREASE By reason of this order the time of City Council Approval Required YES X completion will be adjusted as follows: None NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned: Finance Director Date We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above. Accepted, Date: T "'— 11/18/15 CC A GENDA PACKET FAG 314 ng1t, 0 tY oU ao CG F Fa OW 0 z �6rz Zg U- z Ld D .la iA oz 11 a ao IZIP N3101S0 30r N3SNONIS oouvn03 � W a D 0 ��'\ LLI W 2-� # O w LL # # Z u O O o o aN ag N LU 0, 0 LU 0 -2r9 U) 8.1 1 1. 1. 1", -Z x Z z 0 1 I' —00 Im ja' ZK p w 03; 0 2 narg LLF ❑ IL 0 0- ,z Z U. 0 u J Z # U, z co 3NI 0 Qt J- u n2r9 Z3 U. 0 NJ ng1t, 0 tY oU ao CG F Fa OW 0 z �6rz Zg U- z Ld D .la iA oz 11 a ao IZIP N3101S0 30r N3SNONIS oouvn03 � io1r8�� a D 0 ��'\ LLI W O w u I # > 11 - — <- a3liOld 3AU S1 -OZ -01 — 110_1 031301d 31V0 1 Ws_ —. 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TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/30/2015 WARD: Ward 7 SUBJECT: Hosking Avenue Interchange Project (TRIP): 1. Contract Change Order Nos. 21 and 23 to Agreement No. 14 -202 with Granite Construction Company ($292,145.30; revised not to exceed $21,320,137.95) for the construction of said project. 2. Appropriate $292,145 Utility Surcharge /Roads Fund Balance to the TRIP Public Works Capital Improvement Budget. STAFF RECOMMENDATION: Staff recommends approval of Contract Change Orders and appropriation. BACKGROUND: This project consists in general of constructing a new interchange at Hosking Avenue and State Route 99 (SR -99). The work includes the construction of a new 6 -lane bridge structure over SR- 99 for Hosking Avenue; new on- and off -ramps that will connect SR -99 with Hosking Avenue; installation of new overhead sign structures and auxiliary lanes along SR -99 for these new ramps; installation of new traffic signals at the ramp intersections with Hosking Avenue; installation of facilities for future ramp metering; installation of drought tolerant highway planting /landscaping and associated irrigation systems; and the widening of Hosking Avenue in the portions adjacent to the new interchange. Change Order No. 21 compensates the contractor for providing a warranty bond to guarantee the repair or replacement of asphalt concrete against any defective material or workmanship for a period of 2 years following the acceptance of the project. This warranty is not a Caltrans specification requirement, but is typically included on City projects that contain a large amount of asphalt concrete. This requirement was inadvertently not included in the bid documents for this project. City staff and the construction management consultant have reviewed the proposed cost and bond and are satisfied with the proposal. The cost for this change order is an increase of $22,848.10. Change Order No. 23 increases the scope of work for the project to include improvements at the intersection of South "H" Street and Hosking Avenue. The expansion of this intersection was not part of the original interchange project. The project will allow this intersection to 11/18/15 CC AGENDA PACKET FAG 317 conform to the new 6 -lane road width of Hosking Avenue to the east of South H Street. The additional work includes: widening the intersection and adding median curb, striping, and traffic signal modifications. The FY 14/15 adopted CIP budget included funds for design and right -of- way costs for the expansion of this intersection. Construction funding of $323,000 was anticipated to be included in next year's CIP budget. However, Public Works Design Engineering and TRIP staff have been coordinating efforts to include this work in the larger Hosking Interchange Project. This coordination benefits the City by using many of the unit prices from the contractor for the larger interchange project, and also allows for a continuous paving operation by one contractor. The cost for this change order is an increase of $269,297.20. The net cost increase of Contract Change Order Nos. 21 and 23 is $292,145.30. The sum of all change orders to date on this project reflects a total cost increase of $548,740.95, which results in a 2.6 % increase from the original contract bid amount as illustrated below: Original Contract Bid Amount = $ 20,771,397.00 Previous Change Orders = $ 256,595.65 Current Change Order Nos. 21 and 23 = $292,145.30 Amended Contract Agreement after CCOs = $ 21,320,137.95 Net Increase to date = $ 548,740.95 Staff recommends the appropriation of $292,145 of Capital Outlay Utility /Roads Fund balance to funds these change orders. ATTACHMENTS: Description • Hosking CCO 21 • Hosking CCO 23 Type Agreement Agreement 11/18/15 CC AGENDA PACKET FAG 318 CONTRACTOR. Granite Construction Company ADDRESS: 3005 James Road Bakersfield, CA 93308 YOU ARE HEREBY DIRECTED, TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND' PECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective untill approved by City Councill or City Engineer Do,cription ol'work to be done, e fimate ofquxitkies, aincl prices to be paid, Scgrqate I)Qmcun additional work ofcoritract price, agreQd price and k)rce accomit. tliitcss w1wirwisestated, rates fibir ronu)� equipiwnit cover only si. di tinic as c(poipirnent is actually Usod and noalillowance will he made for idlQ finw- CHANGE SUBMITTED BY: i Topete, Civil Engineer IIV DATE-. August 26, 2015 CHANGE REQUESTED BY: Luis Topete, Civil Engineer IV DATE: Aug'LJst 26, 21015 EXTRA WORK AT AGREED PRICE: This (provides payment to the Contractor for maintaining the Warranty Bond to guarantee replacement and repair of asphal concrete for a period of two years following acceptance of the contract as specified in the warranty bond included in the Construction Project Agreement, This payment is provided because the Warranty Bond was not included in the bid documents and not included in the bid. Total Extra Work at Agreed Pil $22,848.10 No adjustment of contract time will be allowed for this change. 335-4021-8041 Total Increase $22,848.10 INCREASE $22,848.10 DECREASE By reason of this order the time of City Council Ap p rova I Req u I ire d YES XX completion will be adjusted as follows: No Adjustment NO Approved As to Form: by the Council of City of Bakersfield Engineer Mayor Countersigned: Finance Director Date Wv, flii: unilersigned contra um, have liven carcfut auanrirltr,utieau to the ell prop os,<-A sHhl hereby ElgrCC, iffllk PRIJ)OSA is approve,d, fluat we will] providc aH ckluipment, furnish 0 matefialls, excepi as n1a), r)therwvise be notc(l abm7 ,,,agi;�d pei1briin at% services nci�t.,"ory for the work ahove spix vific J, tmd willi accept as ftilt paymeW ffimfi)t the prices shown �Ibove' Accepted, Title. 11/18/15 CC A GEN PACKET PG 319 r waaaa„,,��a dw CITY OF BAKERSFIELD Thomas Roads Improvement Program CONTRACT CHANGE ORDER SHEET 1 OF 6 CONTRACT NO. 14 -202 CHANGE ORDER NO. 23 P.O. NO. 151820 PROJECT: SR -99 Hosking Avenue Interchange Project No. T31<041 FEDERAL NO. (S) CONTRACTOR: Granite Construction Company ADDRESS: 3005 James Road Bakersfield, CA 93308 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective until approved by City Council or City Engineer Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental equipment cover only such time as equipment is actually used and no allowance will be made for idle time. CHANGE SUBMITTED BY: Luis Topete, Civil Engineer IV DATE: November 2, 2015 CHANGE REQUESTED BY: Luis Topete, Civil Engineer IV DATE: November 2, 2015 Extend Hosking Avenue roadway improvements to South H Street, including traffic signal modifications, as shown on sheet 2 through 6 of this change order. EXTRA WORK AT AGREED LUMP SUM PRICE: See sheet 2 of 6 for schedule of values /payment schedule. Total extra work at agreed lump sum price: $269,297.20 A determination regarding an adjustment of contract time will be deferred for this change. Total Increase $269,297.20 ACCOUNT NO (S): 335 - 4021 - 825 -8041 ESTIMATED COST: INCREASE $269,297.20 DECREASE By reason of this order the time of City Council Approval Required YES XX completion will be adjusted as follows: Deferred NO Approved As to Form: City Attorney Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned: Finance Director Date We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Date: Contractor: Title: 11/18/15 CC A GENDA PACKET PG 320 SCHEDULE OF VALUES � C 23 Beset 2 Of F3 Page 3 of 3 PROJECT ESTIMATE FORM PROJECT TITLE: Sig H Hosking Pavement CONSTRUCTION COSTS DATE & TIME PRINTED: 7123115 10:52 AM Item Description Ettimated Quantity Unit Unit, f'tice Amount HMA Type "A" 950 TONS $ 85.00 $ 80,750.00 AB CL 2 940 CY $ 45.00 $ 42,300.00 ROADWAYEXC 1,200 CY $ 20.00 $ 24,000.00 REMOVE PAVEMENT MARKINGS 940 SF $ 5.65 $ 5,311.00 RELOCATE ROADSIDE SIGN (BANDED) 1 EA $ 681.00 $ 681.00 CHANELLIZERS TYPE F 8 EA $ 79.50 $ 636.00 PAINT, DETAIL 9 560 LF $ 0.45 $ 252.00 PAINT, DETAIL 37B 90 LF $ 0.60 $ 54.00 PAINT, DETAIL 36 380 LF $ 0,70 $ 266.00 PAINT, DETAIL 38 300 LF $ 0.70 $ 210.00 PAINT, DETAIL 29 186 LF $ 1.40 $ 260.40 PAINT, DETAIL 27B 400 LF $ 0.60 $ 240.00 PAINT, 4" STRIPE 50 LF $ 0.60 $ 30.00 PAINT, PAVEMENT MARKINGS 260 EA $ 6.00 $ 1,5560.00 ADJUST MANHOLE 1 EA $ 1,500.00 $ 1,500.00 ADJUST SURVEY MONT 1 EA $ 750.00 $ 750.00 COLDPLANEAC PAVEMENT 2,3001 SF 1 $ 4.00 $ 9,200.00 TRAFFIC SIGNAL MOD H ST / HOSKING (Poles are City - furnished) 1 LS 1 $ 101,296.80 $ 101,296.80 F «mll,, I awEnrGw e"dx.F- 11 -1.111 1.11,+sgFSTwuTe-11 TOTAL AGREED PRICE: $ 269,297.20 -'--a — 6Ca ljz FORM8ESTHHaaA Lla-)E5TWTEFORM 11/18/15 CC ! 9 GEND 9 PA CKET PG 321 11/18/15 CC A GEN PACKET PG 322 9t0X,lL ON HAY ONIMS014 PIS 140S NO SIN3PV3A02IdPVIIN3PV3AVciONVC70N 7VN0lS01d-lv2d1 co lv� c cf) co Lu C14 Z L�u IL _uj L oil N n i n Do 0 ® g avo Z Z P tZ � 0 11E ry) '10 CID c� C4 x % °g q CID Q4 RR 11/18/15 CC A GEN PACKET PG 322 11/18/15 CC A GENDA PA CKET PG 32 3 OL OL �Llu Red;: it '7VNVO GNV7G, H 11 Hill I I I ---------- - o 4 4" 1 LIFIT mN T+H I I I I P"I o 4 IMP IN6,14F, —N0 + N rx 11 HIM I III I I ILL rt im 0 0 l 11/18/15 CC A GENDA PA CKET PG 32 3 11/18/15 CC A GENDA PA CKET PG 324 7 frISt AUBW 7VIWO OAIVM A lu QW 133— —S,.H,, CS ------- 'R 0 yz Lo Soo ek �2 SNM NO 2 ,23 Z' E 6H a aff (Do G Go@ 0 uj lu R 10) ------ OOTDF-FZ to 00000 INV791AU3M 'i 7VNV0 OVVV, -zz ---------- 03 T j p o Go" SNVaU 710 HN/7 V4. 77,7, 11/18/15 CC A GENDA PA CKET PG 324 -- - ------------ CO (D S... Ez H, C) J N� Au AN S! I g, i hi i vnim R-,� ME U o00 EIE E Eg 0 0 rl 7VNVO ONV7,91 Nb(3N 41 7VNVO GNV7S1 NYg,)l ]I- LZLI P-- F-1 --------------- os Rak Rn Lo "R to u ;3e ga W UZ a Ru 'i co 111811 WS :1B —Wld _I, 6-P9L-lZ-L-6---H-H-S-ZOZAOi\" --10 OVOI—Ntiu!-H V H-d.f IS IS 11/18/1✓ CC A GENDA PA CKET PG ✓2✓ ICmllmlllllllllll ICmllmlllllllllll ICmllllllllllllll ICmllllllllllllll IDmllllllllllllll • 101011111111111111 IDlmmllllllllllll ICmllmlllllllllll ICmllmlllllllllll ICmllllllllllllll ICmllllllllllllll IDmllllllllllllll • 101011111111111111 IDlmmllllllllllll ADMINISTRATIVE REPORT 1{ MEETING DATE: 11/18/2015 Consent -Agreements r. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/29/2015 AT I-11 - ��, • SUBJECT: Pavement Rehabilitation 2014 -2015 RSTP: Gosford Road from White Lane to Ming Avenue Project: 1. Contract Change Order No. 1 to Agreement No. 15 -108 with Bowman Asphalt, Inc. ($22,657.50; revised not to exceed $4,274,406.50) for said project. 2. Appropriate $527,583 federal Surface Transportation Program funds to the Public Works Department's Capital Improvement budget within the SAFETEA -LU Fund. STAFF RECOMMENDATION: Staff recommends approval of contract change order and appropriation. BACKGROUND: This project consists of pavement rehabilitation on Gosford Road from White Lane to Ming Avenue by excavating the existing roadway and installing new asphalt pavement. Also included in this work is traffic striping, bike lane striping, installation of new access ramps, installation of new cross gutters, and the adjustment of manholes, monuments and water valves. Change Order No. 1 provides for a number of items on the project, which has now been completed. During the construction of the access ramp on the southeast corner of North Laurelglen Boulevard and Gosford Road, it was found that a hand rail needed to be installed to protect pedestrians from a drop off from the adjacent sidewalk area. The cost to manufacture and install this handrail is an increase of $5,200. While excavating the roadway adjacent to the median areas, several areas under the roadway were found to be unstable. The engineer directed the contractor to excavate the unstable material and to fill the area with asphalt grindings to provide a stable foundation for the new asphalt pavement. The cost for this work is an increase of $1,147.07. During the installation of the new traffic signal detectors at the intersections of South Laurelglen Boulevard and Gosford Road and at Westwold Drive and Gosford Road, it was found that the existing conduits were not large enough to accommodate all of the wires necessary for the new installation. This required the Contractor to remove a portion of the asphalt and install new 11/18/15 CC AGENDA PACKET FAG 326 conduits and wiring back to the controller cabinets. The cost for this work is an increase of $20,897.68. During the excavation of the roadway, four existing median noses were found to be damaged and in need of replacement. The cost for this work is an increase of $1,558.94. In addition, in order to construct the project per the plans and specifications, several contract bid item quantities had to be either increased or decreased. These increases and decreases in contract item quantities result in a net cost decrease of $6,146.19. This is the first change order to be submitted for this project. This change order will increase the project total by $22,657.50 (which results in a .5% increase to the original contract amount) as illustrated below: Original Contract Amount = $4,251,749.00 Amended Contract Agreement after Change Orders = $4,274,406.50 Net Increase to date = $ 22,657.50 This project is 88.53% funded with federal Surface Transportation Program funds with the 11.47% local match requirement funded with Capital Outlay funds. Staff secured additional federal funding of $527,583 for this project which has not yet been appropriated. This Administrative Report appropriates all additional federal funding secured for this project. Sufficient funds are budgeted for the 11.47% local match requirement for this project. ATTACHMENTS: Description D CC0#1 Gosford Road Pavement Rehabilitation Type Agreement 11/18/15 CC AGENDA PACKET FAG 327 COPY DISTRIBUTION: ORIGINAL -CITY CLERK, WHITE- CONTRACTOR, BLUE- CONSTRUCTION, GREEN - CONTRACTOR'S INFO, YELLOW- CALTRANS, PINK ENGR., GOLD- PURCHASING CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT CONTRACT NO. 15 -108 CHANGE ORDER NO. PROJECT: Pavement Rehabilitation 2014 -2015 RSTP: Gosford Road from White Lane to Ming Avenue CONTRACTOR: Bowman Asphalt, Inc. ADDRESS: 3351 Fairhaven Drive 1 P.O. NO. SHEET 153850 OF 2 STPL 5109 (215) FEDERAL NO. (S) Bakersfield, Ca. 93308 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order is not effective until approved by City Council or City Engineer Description of work to be done, estimate of quantities, and prices to be paid. Segregate between additional work of contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time. CHANGE REQUESTED BY: R. MILLWEE SUBMITTED BY: R. MILLWEE DATE: October 28, 2015 Construction Superintendent Construction Superintendent EXTRA WORK AT AGREED LUMP SUM PRICE • Manufacture and Installation of Galvanized Hand Rail on the southeast corner of N. Laurelglen • Dig out pumping areas in sub grade and replace with asphalt grindings • Installation of flexible conduit, extra DLC wires, and HMA repair • Remove and Replace 4 median noses INCREASE CONTRACT ITEM AT CONTRACT PRICE Item 6 - Adjust Survey Monument Encasement 1 EA @ $2,400.00 EA Item 12 - Hot Mix Asphalt Type "A" 390.07 Tons @ $63.50 per Ton Item 26 - Traffic Detector Loops - Type D 1 EA @ $400.00 EA Item 27 - Traffic Detector Loops - Type E 6 EA @ $275.00 EA Item 30.1 - Hot Mix Asphalt Type "A" 37.45 Tons @ $60.00 per Ton $5,200.00 _ $1,147.07 _ $20,897.68 _ $1,558.94 $28,803.69 _ $2,400.00 _ $24,769.45 _ $400.00 _ $1,650.00 _ $2,247.00 $29,219.45 11118115 CC A EN A PACKET PG 328 11x4N :F_ F9Zd.] ki III III : U44 9rr:1 IT, r_l91d.1k, rr:f_fot r:1NId= Item 5 - Adjust Manholes 3 EA @ $3760.00 Item 8 - Adjust Water Valve Encasement 1 EA @ $700.00 EA Item 15 - Minor Concrete - Access Ramps 1910.24 SF @ $11.00 per SF Item 16 - Minor Concrete - Curb & Gutter 59 LF @ $35.00 per LF Item 17 - Minor Concrete - Cross Gutter 14 SF @ $22.00 per SF ACCOUNT NO (S) 311 - 4031 - 822 - 8041- T5K201 _ ($11,280.00) _ ($700.00) _ ($21,012.64) _ ($2,065.00) _ ($308.00) ($35,365.64) ESTIMATED COST: INCREASE $22,657.50 DECREASE By reason of this order the time of City Council Approval Required YES XX completion will be adjusted as follows: 10 Working Days NO Approved As to Form: CITY ATTORNEY Approved by the Council of City of Bakersfield Approval Recommended: City Engineer Mayor Countersigned: Finance Director Date We, the undersigned contractor, have given carefiil consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, finnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefor the prices shown above. Accepted, Date: Contractor: Title 11/18/15 CC AGENDA PACKET FAG 32 9 ADMINISTRATIVE REPORT 1{ MEETING DATE: 11/18/2015 CONSENT - Property Acquisition Agreements - TRIP s. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 10/28/2015 WARD: Ward 2 SUBJECT: Agreement with Warren Nettleton, Trustee of the Warren Nettleton Family Trust dated 5/26/99 ($263,000) to purchase real property located at 4233 La Mirada Drive for the Centennial Corridor Project. STAFF RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring properties to construct the Centennial Corridor Project. The Centennial Corridor will connect the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway north of Truxtun Avenue. The property being purchased consists of a single family residence. The purchase price of $263,000 is the property's fair market value as established by an appraisal prepared by Merriman Hurst and Associates, an independent appraisal company. In addition to the purchase price, the City will be paying for relocation assistance in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). The Uniform Act provides important protections and assistance for people affected by Federally funded projects. All parties displaced by the TRIP projects will be provided all applicable relocation benefits pursuant to the requirements set forth in the Uniform Act. These benefits may include a purchase price differential payment, a mortgage differential payment, and the actual, reasonable and necessary costs to relocate their personal and /or business property. Every property is unique and the benefits will reflect their individual circumstances. A Phase I Environmental Site Assessment report has been prepared encompassing all properties required for the Centennial Corridor project during the State required Environmental Document process. The Planning Division completed a General Plan Review (65402) and found this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan. Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation Fund and is part of the $165 million authorized by CalTrans and appropriated by the City Council on March 5, 2014 for right of way acquisitions. Purchases under the early acquisition program 11118115 CC AGENDA PACKET FAG 330 were approved by CalTrans at 100% federal funding with no local match requirement for this phase of the project. This concept is termed by CalTrans as "toll credits ". The term "toll credit" is a little confusing, because it does not refer to a toll that might be paid for crossing a bridge. It refers to an alternate definition of the word that means "to lead or attract to a desired point ". Offering of toll credits allows the City to accelerate the spending of Federal dollars sooner and gets the project further along with less need of local dollars. As a result, the future construction phase of the Centennial project will carry a higher local match percentage than it would have without the toll credits being approved. The end result is that we will still spend the same amount of Federal and local dollars to project completion as we would have without toll credits, but using toll credits allows us to spend the Federal money first and the local dollars later. The Centennial Corridor Project has 199 single family residential properties. This is the 139th of the 199 single family residential properties to be acquired. Information on the progress of the right of way phase of each TRIP project and the costs associated therewith will be contained in a periodic report. ATTACHMENTS: Description Purchase Agreement Type Agreement 11/18/15 CC A GENDA PACKET FAG 331 APN: 020 - 474 -12 TITLE REPORT NO: FWKN- 5501502625 -DN PROJECT: Centennial Corridor Improvement Project EA: 06 -48460 AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS THIS AGREEMENT is entered into this day of , 201_ by and between the CITY OF BAKERSFIELD (hereinafter called Buyer), and WARREN D. NETTLETON, AS TRUSTEE OF THE WARREN D. NETTLETON FAMILY TRUST OF 1999, DATED MAY 26,1999 (hereinafter called Seller) for acquisition by Buyer of certain real property hereinafter set forth. IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, upon the terms and for the consideration set forth in this Agreement (hereinafter called Agreement), all that certain real property (hereinafter called Property) situated in the City of Bakersfield, County of Kern, State of California, and legally described and depicted as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF 2. PURCHASE PRICE. The total purchase price, payable in cash through escrow, shall be the sum of TWO HUNDRED SIXTY -THREE THOUSAND DOLLARS ($263,000.00) 3. CONVEYANCE OF TITLE. Seller agrees to convey by Grant Deed to Buyer fee simple title to the Property free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases, and taxes EXCEPT: a. Non - delinquent taxes for the fiscal year in which this transaction closes which shall be cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at the close of this transaction. b. Quasi - public utility, public alley, public street easements, and rights of way of record (except rights in any such items conveyed under this Agreement). c. Items numbered none in the preliminary title report issued by Chicago Title Company dated June 18, 2015. 4. TITLE INSURANCE POLICY. Escrow Agent shall, following recording of said deed(s) to Buyer, provide Buyer with CLTA Standard Coverage Policy of Title Insurance in the amount of $263,000.00 issued by Chicago Title Company showing the title to the property vested in Buyer, subject only to the exceptions set forth in Paragraph 3 of this Agreement and the printed exceptions and stipulations in said policy. Buyer agrees to pay the premium charged therefore. 5. ESCROW. Buyer agrees to open an escrow in accordance with this Agreement at an escrow company of Buyer's choice. This Agreement constitutes the joint escrow instructions of Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to perform all acts reasonably necessary to close this escrow in the shortest possible time. Seller shall execute and deliver said deed(s) as referenced in Paragraph 3, above, to Escrow Agent Page 1 of 7 11/18/15 CC A GENDA PACKET FAG 332 concurrently with this Agreement, or as soon as possible thereafter when said deeds are available. After opening of escrow, Buyer will deposit an executed Certificate of Acceptance with Escrow Agent. Buyer agrees to deposit the purchase price upon demand of Escrow Agent. Buyer and Seller agree to deposit with Escrow Agent any additional instruments as may be reasonably necessary to complete this transaction. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account. 6. ESCROW AGENT IS AUTHORIZED TO AND SHALL: a. Pay and charge Seller, upon Seller's written approval, for any amount necessary to clear title to satisfy Paragraph 3 of this Agreement; b. Pay and deduct from the amount shown in Paragraph 2 above, any amount necessary to satisfy any delinquent taxes together with penalties and interest thereon, and /or delinquent or non - delinquent assessments or bonds except those which title is to be taken subject to and in accordance with the terms of this Agreement; c. Pay and deduct from the amounts payable to Seller under Paragraph 2 of this Agreement, up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with terms and conditions of said trust deed(s) or mortgage(s) including late charges, if any, except prepayment penalty (if any), ; d. Pay and charge Buyer for all recording fees incurred in this transaction including payment of reconveyance fees and forwarding fees for partial or full reconveyances of deeds of trust or release or mortgage by Buyer; e. Pay and charge Buyer for any escrow fees, charges, and costs payable under Paragraph 7 of this Agreement; f. Disburse funds and deliver deed(s) when conditions of this escrow have been fulfilled by Buyer and Seller. The term "close of escrow ", if and where written in these instructions, shall mean the date that necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of said policy of title insurance. All time limits within which any matter herein specified is to be performed may be extended by mutual agreement of the parties hereto. Any amendment of, or supplement to, any instructions must be in writing. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS POSSIBLE. 7. ESCROW FEES, CHARGES AND COSTS. Buyer agrees to pay all Buyer's and Seller's usual fees, charges, and costs which arise in this escrow. Seller shall be responsible for the costs to clear title as set forth Paragraphs 3 and 6 of this agreement. 8. TAX EXEMPT AGENCY: All parties hereto acknowledge that the buyer is public entity and exempt from payment of any real property taxes. Therefore, Seller acknowledges that they are solely responsible for payment of any /all real property taxes due through the date of close of escrow, including any pending Page 2 of 7 11/18/15 CC A GENDA PACKET FAG 333 supplemental bills. In the event that the current year's property tax bill has been issued at the time of close of escrow, escrow holder is authorized and instructed to pay and /all installments, currently due, along with any delinquencies. Escrow holder is instructed to NOT prorate said taxes. Any potential refund due to the seller, for partial tax period ownership, will be at the sole discretion of the Kern County Tax Collector and be refunded by the County as per their guidelines. Buyer and Escrow holder are not responsible for same. In the event the close of escrow occurs after July 1 and before the new tax bill has been issued, Escrow holder is authorized and instructed to prorate taxes based on the last available tax bill and forward the prorated amount to the Buyer at close of escrow. Buyer will accept responsibility to forward said proration's to the Kern County Tax Collector once the bills are created. Seller herein agrees to forward to Buyer any tax bills they receive from the County of Kern. 9. FULL AND COMPLETE SETTLEMENT. Seller hereby acknowledges that the compensation paid to Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, by reason of Buyer's acquisition of the Property, specifically including, but not limited to, any and all damage to Seller's remainder property by reason of the acquisition of the subject Property or the installation of the improvement project in the manner proposed, the value of improvements pertaining to the realty, leasehold improvements, any and all claims of rental or leasehold value and loss of business goodwill (excluding relocation benefits, if any), and any and all claims in inverse condemnation and for precondemnation damages, and any and all other claim that Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of this subject Property. Seller and Buyer, and each and all of their individual collective agents representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries, hereby release the other party, and each of them, from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitations those relating to just compensation, damages, which any of them now have, or might hereafter have by reason of any matter or thing arising out or in any way relating to any condemnation action affecting the subject Property. 10. PERMISSION TO ENTER ON PREMISES. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contact, the right of possession and use of the subject property by the City, including the right to remove and dispose of improvements, shall commence on the close of escrow controlling this transaction, and that the amount shown in Paragraph 2 above herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. 11. RENTAL AND LEASEHOLD INTEREST. Seller warrants that there are no third parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers, or invitees, and that there are no oral or written recorded or unrecorded leases or other agreements concerning all or any portion of the Property exceeding a period of one month. 12. WARRANTIES, REPRESENTATIONS, AND COVENANTS OF SELLER. Seller hereby warrants, represents, and /or covenants to Buyer that: a. To the best of Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Property or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign. b. To the best of Seller's knowledge, there are no encroachments onto the Property by improvements on any adjoining property, nor do any buildings or improvements encroach on other properties. c. Until the closing, Seller shall not do anything which would impair Seller's title to any of the Property. Page 3 of 7 11/18/15 CC A GENDA PACKET FAG 334 d. To the best of Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument to which Seller's property may be bound. e. Until the closing, Seller shall, upon learning of any factor condition which would cause any of the warranties and representations in these Warranties, Representations, and Covenants of Seller Section not to be true as of closing, immediately give written notice of such fact or condition to Buyer. f. SELLER warrants and represents that they are the sole owners, in fee simple, of and have the right and legal ability to transfer said property to the BUYER as set forth in this Agreement 13. HAZARDOUS WASTE. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 56901 et seq. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et sue. (42 U.S.C. S9601). 14. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 15. INDEMNITY. Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of Page 4 of 7 11/18/15 CC A GENDA PACKET FAG 33.E any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act after close of this escrow. 16. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 17. CONTINGENCY. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the Buyer herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 18. BROKERS AND FINDERS. The parties acknowledge and represent that BUYER shall pay no commission to any broker or finder in connection with the purchase and sale of The Property. 19. JURISDICTION AND VENUE. This Agreement shall be governed by and constructed in accordance with the laws of the State of California. The parties consent to the jurisdiction of the California Courts with venue in Kern County. 20. ASSIGNMENT. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. Buyer may freely assign any or all of its interests or rights under this Agreement or under the Escrow without the consent of Seller. 21. COOPERATION. Each party agrees to cooperate with the other in the closing of this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements. 22. ENTIRE AGREEMENT WAIVER AND MODIFICATION. This Agreement is the entire Agreement between the parties with respect to the subject matter of this Agreement. It supersedes all prior agreements and understandings, whether oral or written, between the parties with respect to the matters contained in this Agreement. Any waiver, modification, consent or acquiescence with respect to any provision of this Agreement shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby. No waiver by any party of any breach hereunder shall be deemed a waiver of any other or subsequent breach. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS Page 5 of 7 11118115 CC A EN A PACKET FAG 336 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. MAILING ADDRESS OF SELLER 4233 La Mirada Drive Bakersfield, CA 93309 MAILING ADDRESS OF BUYER 1600 Truxtun Avenue, 2nd Floor Bakersfield, CA 93301 BUYER: CITY OF BAKERSFIELD By: HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIXrjENNARO City Attor iey�� By: ANDREW HEGLU Deputy City Attorney COUNTERSIGNED: By: NELSON K. SMITH Finance Director SELLER By: y2,.v t o w 0 WARREN D. NETTLETON Trustee APPROVED AS TO CONTENT: By: NICK FIDLER Public Works Director Attachments: Exhibit "A" — Legal Description and Depiction of Fee Acquisition Page 6 of 7 11118115 CC A EN A PACKET FAG 337 EXHIBIT A LEGAL DESCRIPTION OF FEE ACQUISITION For APN /Parcel ID(s): 020 - 474 -12 -00 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 32 OF TRACT NO. 3334, IN THE CITY OF BAKERSFIELD, COUNTY OF KERN, STATE OF CALIFORNIA, AS PER MAP RECORDED NOVEMBER 28, 1969, IN BOOK 18, PAGES 148 AND 149 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES IN, ON AND UNDER SAID LAND, AS RESERVED IN PREVIOUS DEEDS OF RECORD. 11/18/15 CC A GENDA PACKET FAG 338 r" lhS 11118115 CCAGENDA PACKETPG 339 �p � .am a mNti : oaow c� � #� 7-7-77 �. CD Al cq 4� ! ✓�V � �? bl' a� m �n R � L / 4 m k'M 0 F— LA IN � r cv g .. 4 00 Nl UD r" lhS 11118115 CCAGENDA PACKETPG 339 ADMINISTRATIVE REPORT 1{ MEETING DATE: 11/18/2015 CONSENT - Property Acquisition Agreements - TRIP t. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 10/28/2015 WARD: Ward 2 SUBJECT: Agreement with Cathy Inman, Administrator of the Estate of Edith Lea Nichols, ($184,500) to purchase real property located at 206 Williamson Way for the Centennial Corridor Project. STAFF RECOMMENDATION: Staff recommends approval of Agreement. BACKGROUND: As part of the Thomas Road Improvement Program (TRIP), the City of Bakersfield is acquiring properties to construct the Centennial Corridor Project. The Centennial Corridor will connect the existing State Route 58 at South Real Road and State Route 99 to the Westside Parkway north of Truxtun Avenue. The property being purchased consists of a single family residence. The purchase price of $184,500 is the property's fair market value as established by an appraisal prepared by Merriman Hurst and Associates, an independent appraisal company. In addition to the purchase price, the City will be paying for relocation assistance in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). The Uniform Act provides important protections and assistance for people affected by Federally funded projects. All parties displaced by the TRIP projects will be provided all applicable relocation benefits pursuant to the requirements set forth in the Uniform Act. These benefits may include a purchase price differential payment, a mortgage differential payment, and the actual, reasonable and necessary costs to relocate their personal and /or business property. Every property is unique and the benefits will reflect their individual circumstances. A Phase I Environmental Site Assessment report has been prepared encompassing all properties required for the Centennial Corridor project during the State - required Environmental Document process. The Planning Division completed a General Plan Review (65402) and found this acquisition consistent with the Metropolitan Bakersfield 2010 General Plan. Funding for this purchase is budgeted in the Centennial Corridor Federal Transportation Fund and is part of the $165 million authorized by CalTrans and appropriated by the City Council on March 5, 2014 for right of way acquisitions. Purchases under the early acquisition program 11/18/15 CC AGENDA PACKET FAG 340 were approved by CalTrans at 100% federal funding with no local match requirement for this phase of the project. This concept is termed by CalTrans as "toll credits ". The term "toll credit" is a little confusing, because it does not refer to a toll that might be paid for crossing a bridge. It refers to an alternate definition of the word that means "to lead or attract to a desired point ". Offering of toll credits allows the City to accelerate the spending of Federal dollars sooner and gets the project further along with less need of local dollars. As a result, the future construction phase of the Centennial project will carry a higher local match percentage than it would have without the toll credits being approved. The end result is that we will still spend the same amount of Federal and local dollars to project completion as we would have without toll credits, but using toll credits allows us to spend the Federal money first and the local dollars later. The Centennial Corridor Project has 199 single family residential properties. This is the 140th of the 199 single - family residential properties to be acquired. Information on the progress of the right of way phase of each TRIP project and the costs associated therewith will be contained in a periodic report. ATTACHMENTS: Description Purchase Agreement Type Agreement 11/18/15 CC A GENDA PACKET FAG 341 APN: 149 - 233 -01 & 149- 222 -31 TITLE REPORT NO: FWKN- TO14000253 PROJECT: Centennial Corridor Improvement Project EA: 06 -48460 AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND JOINT ESCROW INSTRUCTIONS THIS AGREEMENT is entered into this day of , 201_ by and between the CITY OF BAKERSFIELD (hereinafter called Buyer), and CATHY INMAN, AS ADMINISTRATOR OF THE ESTATE OF EDITH LEA NICHOLS, ALSO KNOWN AS EDITH L. NICHOLS (hereinafter called Seller) for acquisition by Buyer of certain real property hereinafter set forth. IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer, and Buyer agrees to purchase from Seller, upon the terms and for the consideration set forth in this Agreement (hereinafter called Agreement), all that certain real property (hereinafter called Property) situated in the City of Bakersfield, County of Kern, State of California, and legally described and depicted as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF 2. PURCHASE PRICE. The total purchase price, payable in cash through escrow, shall be the sum of ONE HUNDRED EIGHTY FOUR THOUSAND FIVE HUNDRED DOLLARS ($184,500.00) 3. CONVEYANCE OF TITLE. Seller agrees to convey by Grant Deed to Buyer fee simple title to the Property free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases, and taxes EXCEPT. a. Non - delinquent taxes for the fiscal year in which this transaction closes which shall be cleared and paid in the manner required by Section 4986 of the Revenue and Taxation Code, if unpaid at the close of this transaction. b. Quasi - public utility, public alley, public street easements, and rights of way of record (except rights in any such items conveyed under this Agreement). c. Items numbered in the preliminary title report issued by Chicago Title Company dated September 23, 2014. 4. TITLE INSURANCE POLICY. Escrow Agent shall, following recording of said deed(s) to Buyer, provide Buyer with CLTA Standard Coverage Policy of Title Insurance in the amount of $184,500.00 issued by Chicago Title Company, showing the title to the property vested in Buyer, subject only to the exceptions set forth in Paragraph 3 of this Agreement and the printed exceptions and stipulations in said policy. Buyer agrees to pay the premium charged therefore. 5. ESCROW. Buyer agrees to open an escrow in accordance with this Agreement at an escrow company of Buyer's choice. This Agreement constitutes the joint escrow instructions of Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to perform all acts reasonably necessary to close this escrow in the shortest possible time. Seller shall execute and deliver said deed(s) as referenced in Paragraph 3, above, to Escrow Agent Page 1 of 7 11/18/15 CC A GENDA PACKET FAG 342 concurrently with this Agreement, or as soon as possible thereafter when said deeds are available. After opening of escrow, Buyer will deposit an executed Certificate of Acceptance with Escrow Agent. Buyer agrees to deposit the purchase price upon demand of Escrow Agent. Buyer and Seller agree to deposit with Escrow Agent any additional instruments as may be reasonably necessary to complete this transaction. All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account. 6. ESCROW AGENT IS AUTHORIZED TO, AND SHALL: a. Pay and charge Seller, upon Seller's written approval, for any amount necessary to clear title to satisfy Paragraph 3 of this Agreement; b. Pay and deduct from the amount shown in Paragraph 2 above, any amount necessary to satisfy any delinquent taxes together with penalties and interest thereon, and /or delinquent or non - delinquent assessments or bonds except those which title is to be taken subject to and in accordance with the terms of this Agreement; c. Pay and deduct from the amounts payable to Seller under Paragraph 2 of this Agreement, up to and including the total amount of unpaid principal and interest on note(s) secured by mortgage(s) or deed(s) of trust, if any, and all other amounts due and payable in accordance with terms and conditions of said trust deed(s) or mortgage(s) including late charges, if any, except prepayment penalty (if any), ; d. Pay and charge Buyer for all recording fees incurred in this transaction including payment of reconveyance fees and forwarding fees for partial or full reconveyances of deeds of trust or release or mortgage by Buyer; e. Pay and charge Buyer for any escrow fees, charges, and costs payable under Paragraph 7 of this Agreement; f. Disburse funds and deliver deed(s) when conditions of this escrow have been fulfilled by Buyer and Seller. The term "close of escrow ", if and where written in these instructions, shall mean the date that necessary instruments of conveyance are recorded in the office of the County Recorder. Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of said policy of title insurance. All time limits within which any matter herein specified is to be performed may be extended by mutual agreement of the parties hereto. Any amendment of, or supplement to, any instructions must be in writing. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS POSSIBLE. 7. ESCROW FEES, CHARGES AND COSTS. Buyer agrees to pay all Buyer's and Seller's usual fees, charges, and costs which arise in this escrow. Seller shall be responsible for the costs to clear title as set forth Paragraphs 3 and 6 of this agreement. 8. TAX EXEMPT AGENCY: All parties hereto acknowledge that the buyer is public entity and exempt from payment of any real property taxes. Therefore, Seller acknowledges that they are solely responsible for payment of any /all real property taxes due through the date of close of escrow, including any pending Page 2 of 7 11118115 CC AGENDA PACKET FAG 343 supplemental bills. In the event that the current year's property tax bill has been issued at the time of close of escrow, escrow holder is authorized and instructed to pay and /all installments, currently due, along with any delinquencies. Escrow holder is instructed to NOT prorate said taxes. Any potential refund due to the seller, for partial tax period ownership, will be at the sole discretion of the Kern County Tax Collector and be refunded by the County as per their guidelines. Buyer and Escrow holder are not responsible for same. In the event the close of escrow occurs after July 1 and before the new tax bill has been issued, Escrow holder is authorized and instructed to prorate taxes based on the last available tax bill and forward the prorated amount to the Buyer at close of escrow. Buyer will accept responsibility to forward said proration's to the Kern County Tax Collector once the bills are created. Seller herein agrees to forward to Buyer any tax bills they receive from the County of Kern. 9. FULL AND COMPLETE SETTLEMENT. Seller hereby acknowledges that the compensation paid to Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, by reason of Buyer's acquisition of the Property, specifically including, but not limited to, any and all damage to Seller's remainder property by reason of the acquisition of the subject Property or the installation of the improvement project in the manner proposed, the value of improvements pertaining to the realty, leasehold improvements, any and all claims of rental or leasehold value and loss of business goodwill (excluding relocation benefits, if any), and any and all claims in inverse condemnation and for precondemnation damages, and any and all other claim that Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of this subject Property. Seller and Buyer, and each and all of their individual collective agents representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries, hereby release the other party, and each of them, from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitations those relating to just compensation, damages, which any of them now have, or might hereafter have by reason of any matter or thing arising out or in any way relating to any condemnation action affecting the subject Property. 10. PERMISSION TO ENTER ON PREMISES. It is agreed and confirmed by the parties hereto that notwithstanding other provisions in this contact, the right of possession and use of the subject property by the City, including the right to remove and dispose of improvements, shall commence on the close of escrow controlling this transaction, and that the amount shown in Paragraph 2 above herein includes, but is not limited to, full payment for such possession and use, including damages, if any, from said date. 11. RENTAL AND LEASEHOLD INTEREST. Seller warrants that there are no third parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers, or invitees, and that there are no oral or written recorded or unrecorded leases or other agreements concerning all or any portion of the Property exceeding a period of one month. 12. WARRANTIES REPRESENTATIONS AND COVENANTS OF SELLER. Seller hereby warrants, represents, and /or covenants to Buyer that: a. To the best of Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Property or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign. b. To the best of Seller's knowledge, there are no encroachments onto the Property by improvements on any adjoining property, nor do any buildings or improvements encroach on other properties. c. Until the closing, Seller shall not do anything which would impair Seller's title to any of the Property. Page 3 of 7 11118115 CC A EN A PACKET FAG 344 d. To the best of Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument to which Seller's property may be bound. e. Until the closing, Seller shall, upon learning of any factor condition which would cause any of the warranties and representations in these Warranties, Representations, and Covenants of Seller Section not to be true as of closing, immediately give written notice of such fact or condition to Buyer. f. SELLER warrants and represents that they are the sole owners, in fee simple, of and have the right and legal ability to transfer said property to the BUYER as set forth in this Agreement 13. HAZARDOUS WASTE. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ( "Hazardous Materials ") on, under, in, or about the Property, or transported any Hazardous Materials to or from the Property. Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from, the Property. The term "Hazardous Material" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material ", "hazardous substance ", or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. S6901 et sL,{c.. (42 U.S.C. 56903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et sue. (42 U.S.C. S9601). 14. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water quality, hazardous waste, waste disposal, and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and ordinances of the city within which the subject property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency, and all applicable federal, state, and local agencies and bureaus. 15. INDEMNITY. Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in or about, or the transportation of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of Page 4 of 7 11118115 CC A EN A PACKET FAG 34.E any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease, or death, tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment). This indemnity extends only to liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act after close of this escrow. 16. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 17. CONTINGENCY. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the Buyer herein. The execution of these documents and the delivery of same to Escrow Agent constitutes said acceptance and approval. 18. BROKERS AND FINDERS. The parties acknowledge and represent that BUYER shall pay no commission to any broker or finder in connection with the purchase and sale of The Property. 19. JURISDICTION AND VENUE. This Agreement shall be governed by and constructed in accordance with the laws of the State of California. The parties consent to the jurisdiction of the California Courts with venue in Kern County. 20. ASSIGNMENT. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. Buyer may freely assign any or all of its interests or rights under this Agreement or under the Escrow without the consent of Seller. 21. COOPERATION. Each party agrees to cooperate with the other in the closing of this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements. 22. ENTIRE AGREEMENT WAIVER AND MODIFICATION. This Agreement is the entire Agreement between the parties with respect to the subject matter of this Agreement. It supersedes all prior agreements and understandings, whether oral or written, between the parties with respect to the matters contained in this Agreement. Any waiver, modification, consent or acquiescence with respect to any provision of this Agreement shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby. No waiver by any party of any breach hereunder shall be deemed a waiver of any other or subsequent breach. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS Page 5 of 7 11/18/15 CC A GENDA PACKET FAG 346 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. MAILING ADDRESS OF SELLER 206 Williamson Way Bakersfield, CA 93309 MAILING ADDRESS OF BUYER 1600 Truxtun Avenue, 2nd Floor Bakersfield, CA 93301 BUYER: CITY OF BAKERSFIELD By. HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNAO City Attorn /y By. _ A REW HEGLU1N Deputy City Attorney COUNTERSIGNED: By: NELSON K. SMITH Finance Director SELLER CATHY INMAN, AS ADMINISTRATOR OF THE ESTATE OF EDITH LEA NICHOLS, ALSO KNOWN AS EDITH L. NICHOLS CA NM APPROVED AS TO CONTENT: By: NICK FIDLER Public Works Director Attachments: Exhibit "A" — Legal Description and Depiction of Fee Acquisition Page 6of7 11/18/15 CC A GENDA PACKET FAG 347 EXHIBIT A LEGAL DESCRIPTION OF FEE ACQUISITION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED AREA IN COUNTY OF KERN, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Parcel One: The North 105 feet of the East half of the Northwest quarter of the Southeast quarter of the Northwest quarter of the Northeast quarter of Section 2, Township 30 South, Range 27 East, Mount Diablo Base and Meridian, in the unincorporated area, County of Kern, State of California, according to the Official Plat of the Surveys of said land on file in the Bureau of Land Management. Excepting therefrom an undivided 1/2 interest in and to all the oil, gas and other hydrocarbon substances within or underlying the premises, together with the right of ingress and egress to and upon said property for the purposes of developing or drilling for said minerals as reserved in the Deed from Sarah Stoll, recorded May 26, 19031 in Book 411 of Official Records, Page 269. APN:149- 233 -01 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE UNINCORPORATED AREA IN COUNTY OF KERN, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: Parcel Two: Being a portion of the South 244.62 feet of the East half of the West half of the Northeast quarter of the Northwest quarter of the Northeast quarter of Section 2, Township 30 South, Range 27 East, Mount Diablo Base and Meridian, in the County of Kern, State of California: The South 13 .82 feet of said South 244.62 feet of the East half of the West half of the Northeast quarter of the Northwest quarter of the Northeast quarter of Section 2. Excepting therefrom an undivided 1/2 interest in all the oil, gas or hydrocarbon substances within or underlying said land as reserved by Sarah Stoll in Deed recorded July 17, 1931 in Book 412 of Official Records Page 228. APN: 149 - 222 -31 11/18/15 CC AGENDA PACKET FAG 34 8 i �, ' �• • / -92 149 -23 SV2 OF NWI /4 OF NEV4 OF SEC. 2 T 30 S. R.27 E. SCHOOL GIST -277 149-23 2z 56 -5 n 40 B I 3 r -roa• - .._. -_ L5 0 C a jI o O C� OMR Y3 30 46 ,6 0>' a ` r & EL CIA _ __ 230 �MR r DR 21 `341 I - —ass s roo o 31 ea /oo I I PAN 87/3 B R 90. 2 J i r /2 © CC O ( / �s to 43 i (y // Jo /00 L - -- - - - - -- —f— —_' 2a - �TRA)C-T - - - -- -- • Min w Iriaeelal � n�low'� pa�0o� of toNny w w ASSESSORS MAP NO 149_ -_23 11/18/15 CC A GENDA PACKET FAG 349 R 4 /2 MR n 2 /1 -- C — - -- /as — J OD e I — � I I 132 Q 09 - __..._ - -_ -- .171 ir F" 6o n 40 B I 3 r -roa• - .._. -_ L5 0 C a jI o O C� OMR Y3 30 46 ,6 0>' a ` r & EL CIA _ __ 230 �MR r DR 21 `341 I - —ass s roo o 31 ea /oo I I PAN 87/3 B R 90. 2 J i r /2 © CC O ( / �s to 43 i (y // Jo /00 L - -- - - - - -- —f— —_' 2a - �TRA)C-T - - - -- -- • Min w Iriaeelal � n�low'� pa�0o� of toNny w w ASSESSORS MAP NO 149_ -_23 11/18/15 CC A GENDA PACKET FAG 349 R 4 /2 MR n 2 /1 -- C — - -- /as — J n 40 B I 3 r -roa• - .._. -_ L5 0 C a jI o O C� OMR Y3 30 46 ,6 0>' a ` r & EL CIA _ __ 230 �MR r DR 21 `341 I - —ass s roo o 31 ea /oo I I PAN 87/3 B R 90. 2 J i r /2 © CC O ( / �s to 43 i (y // Jo /00 L - -- - - - - -- —f— —_' 2a - �TRA)C-T - - - -- -- • Min w Iriaeelal � n�low'� pa�0o� of toNny w w ASSESSORS MAP NO 149_ -_23 11/18/15 CC A GENDA PACKET FAG 349 11/18/15 CC A GEN PAC ET PG 350 /—Y-V 149-22 NV2 OF NW V4 OF NE V4 OF EC. 2 T 30S, R.?27E. samLim=56-5 140-22 TRACT STOCKDAIE o Hw. 0i", IT �:3) ASSESSORS MAP NOl- MUNTY OF KERN QRI Q MR Lit- 11/18/15 CC A GEN PAC ET PG 350 TRACT 1938 0i", IT �:3) ASSESSORS MAP NOl- MUNTY OF KERN 11/18/15 CC A GEN PAC ET PG 350 ADMINISTRATIVE REPORT 1{ MEETING DATE: 11/18/2015 Consent -Bids u. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 11/5/2015 A%\N13 SUBJECT: Accept bid from En Pointe Technologies Sales, LLC ($130,626.35), for Juniper® Replacement Equipment for the Information Technology Division. STAFF RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Bids were solicited for a list of Juniper® brand replacement equipment for the Information Technology Division. Five bids were received in response to solicitation. This purchase will replace and modernize various pieces of networking equipment throughout the City known as switches. Switches are the building blocks of data and voice networks as they connect buildings to one another electronically as well as being the point where electronic devices plug into the network. They are electronic distribution points. The City has utilized Juniper® products for many years. The bid specifications required bidders to be a Juniper® Select or Elite Partner; resellers were not qualified. As an enterprise, it is in the City's best interest to partner with those companies who have invested in trained staff and resources that are equipped to support large enterprise environments with pre and post sales engineering. The low bid received from ACP Technologies did not meet the Juniper® Select or Elite Partner requirement, they are a reseller. Staff recommends declaring their bid non - responsive. The next lowest bid received from En Pointe Technologies Sales LLC meets the Juniper® sales and service level required and is considered acceptable by staff. Once the lowest bid meeting the minimum specifications has been reached, staff does not continue evaluating higher bids to determine if they are responsive to bid or not. The five (5) bids received, including the non - responsive bid are as follows: BIDDER BID RESPONSIVE AMOUNT YES /NO ACP Technologies, West Sececa, NY $130,437.78 NO 11/18/15 CC AGENDA PACKET FAG 351 En Pointe Technologies Sales LLC, El Segundo, CA $130,626.35 YES CDW Government LLC, Vernon Hills, IL Sanplicity, Inc., Bakersfield, CA Compuwave, Ventura, CA $144,930.29 Not fully evaluated $159,050.92 Not fully evaluated $182,990.49 Not fully evaluated Funds are budgeted in the Equipment Management Fund for this purchase. Staff finds the bid submitted by En Pointe Technologies Sales LLC, El Segundo, California, to be acceptable. 11/18/15 CC A GENDA PACKET FAG 352 ADMINISTRATIVE REPORT 1{ MEETING DATE: 11/18/2015 CONSENT -Bids v. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 11/4/2015 A%\N13 SUBJECT: Accept bid from Golden State Peterbilt ($339,120.05) for a replacement front loading dump truck for use by the Public Works Department Streets Division. STAFF RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Bids were solicited to replace one front loading dump truck. One bid was received from Golden State Peterbilt, Bakersfield. The unit to be replaced has high mileage and is unreliable and was scheduled to be replaced as part of the normal vehicle replacement schedule. The replacement dump truck will be more efficient and is outfitted with newer operating technology. Staff contacted Central Valley Truck Center, Bakersfield, and found the salesman had been out of the office and didn't have time to complete and submit a bid response by the bid deadline. However, they would be interested in bidding on this equipment in the future. Funds are budgeted in the Equipment Management Fund for the purchase of a replacement front loading dump truck for the Public Works Streets Division. Staff finds the bid submitted by Golden State Peterbilt, Bakersfield, in the amount of $339,120.05 to be acceptable. 11/18/15 CC AGENDA PACKET FAG 353 ADMINISTRATIVE REPORT 1{ MEETING DATE: 11/18/2015 Consent -Bids w. TO: Honorable Mayor and City Council FROM: Dianne Hoover, Director of Recreation and Parks DATE: 11/5/2015 SUBJECT: Accept base bid and award contract with Brown and Fowler Construction, Inc. ($279,000) for Coral Keys Park Playground Rehabilitation project. STAFF RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: The Coral Keys Playground Rehabilitation Project is located at 6200 Harris Road in southwest Bakersfield. This project includes the removal and replacement of the existing outdated playground equipment and installation of rubberized safety surfaces. The rubberized surfacing material allows for unrestricted access to all features of the new playground equipment as required by the Americans with Disabilities Act. In addition, the rubbbarized surfacing material will be safer and more efficient to maintain than sand. The base bid includes the demolition of the existing equipment, furnishing and installing new playground equipment and rubberized surfacing material. The engineer's estimate for the Base Bid of this project was $275,000. On October 27, 2015, five bids were received; all of those bids are acceptable. Those bids are as follows: In . Brown and Fowler Construction, Inc. 3008 Antonino Avenue Bakersfield, CA 93308 $279,000.00 DOD Construction 3501 Edison Highway Bakersfield, CA 93307 $314,950.00 JTS Construction 7001 McDivitt Dr., Suite B 11/18/15 CC AGENDA PACKET FAG 35 Bakersfield, CA 93313 $319,400.00 T &G Construction 4360 Cloud Nine Avenue Mojave, CA 93501 $396,625.00 Unlimited Engineering Contracting, Inc. 950 Feristone Circle Simi Valley, CA 93065 $232,000.00 On November 2, 2015, Unlimited Engineering Contracting, Inc. withdrew its bid citing estimating errors. Their bid withdrawal was accepted in accordance to California Public Contract Code § 5103 because they notified the City within five business days of the bid opening. As a result, the second lowest bid was accepted. This playground rehabilitation project is funded from the Park Improvement Fund, therefore, there is no impact to the General Fund. Funding for the Coral Keys Playground Improvement project was approved as part of the FY 2014 -15 Capital Improvement Program. ATTACHMENTS: Description Agreement Type Agreement 11/18/15 CC A GENDA PACKET FAG 355 AGREEMENT NO. CORAL KEYS PARK PLAYGROUND REHABILITATION CONSTRUCTION PROJECT AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ( "CITY' herein) and BROWN AND FOWLER CONSTRUCTION, INC. a California corporation, ( "CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of installing playground equipment; and WHEREAS, CONTRACTOR represents CONTRACTOR has equipment and personnel readily available to complete project as scheduled; and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CONTRACTOR acknowledges additional playground work may be performed simultaneously by others; and WHEREAS, CITY desires to employ CONTRACTOR to Provide and Install Playground Equipment and Related Improvements, ( "Project" herein), as set forth herein. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work to be performed consists, in general, of removing existing playground equipment and sand, furnishing and installing new playground equipment, sand and ADA surfacing, including the foundations and all other necessary improvements to complete the play structures in the playgrounds at Coral Keys Park ( "Project ") herein), including all required labor and materials, to meet or exceed all applicable playground equipment requirements of (ADA), United States Consumer Product Safety Commission (CPSC) or other local, state, or federal laws. The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not. CITY and CONTRACTOR agree all INDEPENDENT CONTRACTOR's AGREEMENT C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \BA89DD7A- F27D- 4B16 -8E34- 9BEC2AE1 DAA1 \PDFConvert.4097.1.Coral_ Keys_ Park_ Playground_ Rehabilitation _Project_Agreement.docx Updated — November 5, 2015 -- Page 1 of 11 Pages -- 11/18/15 CC ACEN A PACKET FCC 356 communications relating to this Agreement must be in writing. CONTRACTOR understand and agrees that the CITY is an urban area and underground obstructions including, without limitation, water lines, electrical lines, sewer lines, and gas lines are inherent in any work involving subsurface excavation. At a minimum, CONTRACTOR must contact appropriate underground alert authorities before starting any subsurface work. 1.1. The following shall be deemed to be part of this Agreement as if fully set forth herein: 1.1.1. Notice to Contractors 1.1.2. Special Provisions 1.1.3. Bid Proposal 1.1.4. Bidder's Bond I.I.S. Performance Bond 1.1.6. Material and Labor Bond 1.1.7. Letters of transmittal, if any 1.1.8. All provisions required by law to be inserted in this contract whether actually inserted or not. 1.1.9. Current State of California DAS 140 Form (If required by Specifications) 1.1.10. Drawings, if any. 1.1.11. Public Contract Code § 22300 (Escrow Accounts). 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of Two Hundred Seventy -Nine Thousand Dollars ($279,000). The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. Unless otherwise required by State law, a five percent (5 %) retention shall be withheld from payments to CONTRACTOR by CITY. The five percent (5 %) retention required by the Bakersfield Municipal Code shall be released after the appropriate statuses have expired and all liens and stop payment notices have been cleared. 3. PAYMENT PROCECURE. CONTRACTOR shall be paid for services rendered in accordance with the Special Provisions applicable to this project and as follows: The full five percent (5 %) retention may be deducted from all payments, unless the Contractor has elected to deposit securities with the City in accordance with the provisions of California Public Contracts Code, Section 10263. The final retention will be authorized for payment thirty -five (35) days after final acceptance of the project is issued by the City, provided no stop notices have been filed. INDEPENDENT CONTRACTOR's AGREEMENT C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \BA89DD7A- F27D- 4B16 -8E34- 9BEC2AE1 DAA1 \PDFConvert.4097.1.Coral_ Keys_ Park_ Playground_ Rehabilitation _Project_Agreement.docx Updated — November 5, 2015 -- Page 2 of 11 Pages -- 11/18/15 CC ACEN A PACKET FCC 357 City Right to Withhold Certain Amounts. In addition to the payment to be retained by the City under the provisions of the contract documents, the City may withhold a sufficient amount of any payment otherwise due to the contractor to cover (a) payments that may be past due and payable for just claims for labor or materials furnished in and about the performance of the work under this contract or (b) for defective work not remedied. The City shall disburse, and shall have the right to act as agent for the contractor in disbursing such funds as have been withheld pursuant to this subsection, to the party or parties who are entitled to payment therefrom. The City will render to the contractor a proper accounting of all such funds disbursed on behalf of the contractor. 3.1.INVOICES. Unless otherwise specified, invoices shall be sent to the address set forth herein below. Invoices shall include the Contract number and the City representative's name, and invoice total amount. City of Bakersfield Attention: Devin Daugherty Recreation and Parks 1600 Truxtun Avenue Bakersfield, CA 93301 4. SCHEDULING. When required by CITY in contract bid documents, or upon reasonable notice, CONTRACTOR shall supply CITY with scheduling documents showing all information in a form requested by CITY. CONTRACTOR's scheduling personnel shall have experience in and be knowledgeable in scheduling. CITY may require CONTRACTOR to supply the schedule on programs named by CITY (Microsoft Project for example), and may require said schedules to be undated or revised on a regular basis. CITY may require recovery schedules if CONTRACTOR falls behind the Project schedule. CITY's review or comment on the schedule shall not constitute acceptance thereof. S. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 6. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession. INDEPENDENT CONTRACTOR's AGREEMENT C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \BA89DD7A- F27D- 4B16 -8E34- 9BEC2AE1 DAA1 \PDFConvert.4097.1.Coral_ Keys_ Park_ Playground_ Rehabilitation _Project_Agreement.docx Updated — November 5, 2015 -- Page 3 of 11 Pages -- 11/18/15 CC AGENDA PACKET IBC 358 7. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of the profession in California. 8. MERGER AND MODIFICATION. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 9. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 11. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent CONTRACTOR. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent CONTRACTOR. CONTRACTOR retains the right to control the manner in which the services described herein are performed and CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services set forth in this Agreement. 12. INSURANCE and BONDS. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements ") herein: INDEPENDENT CONTRACTOR's AGREEMENT C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \BA89DD7A- F27D- 4B16 -8E34- 9BEC2AE1 DAA1 \PDFConvert.4097.1.Coral_ Keys_ Park_ Playground_ Rehabilitation _Project_Agreement.docx Updated — November 5, 2015 -- Page 4 of 11 Pages -- 11/18/15 CC ACEN A PACKET FCC 359 12.1. Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 12.1.1. Provide coverage for owned, non -owned and hired autos. 12.2. Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 12.2.1. Provide contractual liability coverage for the terms of this Agreement. 12.2.2. Provide products and completed operations coverage. 12.2.3. Contain an additional insured endorsement in favor of CITY, its mayor, council, officers, agents, employees and designated volunteers. 12.2.4. All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, CONTRACTOR may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self - Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 12.3. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. INDEPENDENT CONTRACTOR's AGREEMENT C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \BA89DD7A- F27D- 4B16 -8E34- 9BEC2AE1 DAA1 \PDFConvert.4097.1.Coral_ Keys_ Park_ Playground_ Rehabilitation _Project_Agreement.docx Updated — November 5, 2015 -- Page 5 of 11 Pages -- 11/1$/15 CC ACEN A PACKET FCC 360 12.4. All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees or designated volunteers and any insurance or self- insurance maintained by the CITY, its mayor, council, officers, agents, employees and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. 12.5. Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insurance retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by CITY in writing. 12.6. Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 12.7. The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 12.8. The CONTRACTOR shall furnish CITY's Risk Manager with a certificate of insurance and required endorsements evidencing the insurance and bonds required. The CITY may withdraw its offer of contract if certificates of insurance and endorsements required have not been provided as required by the Special Provisions. 12.9. Full compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 12.10. It is further understood and agreed by the CONTRACTOR that its liability to CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement. INDEPENDENT CONTRACTOR's AGREEMENT C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \BA89DD7A- F27D- 4B16 -8E34- 9BEC2AE1 DAA1 \PDFConvert.4097.1.Coral_ Keys_ Park_ Playground_ Rehabilitation _Project_Agreement.docx Updated — November 5, 2015 -- Page 6 of 11 Pages -- 11/1$/15 CC ACEN A PACKET FCC 361 12.11. Unless otherwise approved by CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR. 12.12. CONTRACTOR shall provide performance, labor and material bonds in amounts and in a form suitable to the CITY. CITY shall approve in writing all such security instruments prior to the commencement of work on the Project. 13. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 14. INDEMNITY. CONTRACTOR shall indemnify, defend and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR's employees, agents, independent contractors, companies or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 15. TERMINATION. This Agreement may be terminated as set forth in the Special Provisions for this Project. If no termination clauses are included in the Special Provision this Agreement may be terminated for CONTRACTOR default. The following circumstances shall be deemed a CONTRACTOR default: 1) a material breach of the contract where CONTRACTOR fails to cure said breach within ten (10) days of notice from CITY. If said breach cannot reasonably be cured within ten (10) days CONTRACTOR must have taken significant steps to cure said breach including, without limitation, providing a written plan acceptable to CITY to cure the default and immediately commencing to cure the default; 2) violation of any law, statute, regulation, rule, ordinance, permit or order of any governmental agency by CONTRACTOR applicable to the Project and where CONTRACTOR does not cure said violation within ten (10) days of the date of the notice of violation or notice from CITY demanding a cure, whichever is earlier; 3) CONTRACTOR makes an assignment for benefit or creditors, admits an inability to pay debts, files a petition in bankruptcy or is otherwise determined bankrupt or insolvent; 4) CONTRACTOR fails to adequately respond in writing to CITY's written demand for adequate assurances. CONTRACTOR must respond to CITY's demand for adequate assurances within ten (10) days in writing with all INDEPENDENT CONTRACTOR's AGREEMENT C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \BA89DD7A- F27D- 4B16 -8E34- 9BEC2AE1 DAA1 \PDFConvert.4097.1.Coral_ Keys_ Park_ Playground_ Rehabilitation _Project_Agreement.docx Updated — November 5, 2015 -- Page 7 of 11 Pages -- 11/1$/15 CC ACEN A PACKET FCC 362 necessary information to assure CITY that CONTRACTOR has the financial and other necessary resources to perform the contract without breach. All information requested by CITY shall be supplied or CONTRACTOR will be in material breach of this Agreement. 15.1. In the event of termination by CITY as set forth above, CONTRACTOR shall remain fully liable for any work not completed, liquidated damages (as set forth in the Special Provisions), delays by follow up contractors, materials and equipment provided, designs commenced through the date of termination, and consequential damages. CONTRACTOR will immediately deliver to CITY possession of the work including all designs, engineering, project records, cost data, drawing specifications and contracts, and construction supplies and aids dedicated solely to performing the work. CONTRACTOR shall assign all subcontracts to CITY; however, CITY may accept or reject said subcontracts at its sole discretion. 15.2. CITY and CONTRACTOR agree that should CITY's termination for cause be determined by a court of law to be wrongful or without cause, such termination will be treated as a termination for convenience entitling OCNTRACTOR to an equitable settlement for claims and liabilities outstanding at the date of termination and reasonable compensation for work actually performed to the date of termination. No other compensation shall be due CONTRACTOR for termination for convenience. 16. REMEDIES. The remedies provided in this Agreement are cumulative and are in addition to any other remedies in law or equity which may be available to CITY. The election of one or more remedies shall not bar the use of other remedies unless the circumstances make the remedies incompatible. 17. SITE INSPECTION. CITY shall be allowed to inspect the construction site at any time and CONTRACTOR shall make all areas of the construction site available to inspection including, without limitation, any construction trailers or offices at the site and all plans, drawings, documents, schedules, photographs and other documentation relating to the Project. 18. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop notices or liens to be filed on the project, and shall pay all costs and fees to CITY, including without limitation attorney's fees, incurred by CITY because of the filing of any such stop notice, lien or legal action relations thereto. CONTRACTOR agrees CITY may withhold from any funds held by CITY concerning the project amounts sufficient to cover costs and fees, including without limitation attorney's fees, incurred by CITY because of the filing of any stop notice, lien, or legal action relating thereto. INDEPENDENT CONTRACTOR's AGREEMENT C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \BA89DD7A- F27D- 4B16 -8E34- 9BEC2AE1 DAA1 \PDFConvert.4097.1.Coral_ Keys_ Park_ Playground_ Rehabilitation _Project_Agreement.docx Updated — November 5, 2015 -- Page 8 of 11 Pages -- 11/1$/15 CC ACEN A PACKET FCC 363 19. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 20. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD DEPARTMENT OF RECREATION AND PARKS 1600 Truxtun Avenue Bakersfield, California 93301 (661) 326 -3866 CONTRACTOR: BROWN AND FOWLER CONSTRUCTION INC. 3008 Antonio Ave Bakersfield, California 93308 (661) 324 -4142 21. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 22. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. 23. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be INDEPENDENT CONTRACTOR's AGREEMENT C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \BA89DD7A- F27D- 4B16 -8E34- 9BEC2AE1 DAA1 \PDFConvert.4097.1.Coral_ Keys_ Park_ Playground_ Rehabilitation _Project_Agreement.docx Updated — November 5, 2015 -- Page 9 of 11 Pages -- 11/1$/15 CC ACEN A PACKET FCC 364 executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 24. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers (including, but not limited to, computer or electronic data), or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 25. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 26. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 27. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 20-5110259 CONTRACTOR is a corporation? Yes X No (Please check one.) 28. CONTRACTOR'S LICENSE INFORMATION. License Number 888077 Expiration Date 01/28/2016 License Classification A & B 29. NON - INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 30. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 31. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as INDEPENDENT CONTRACTOR's AGREEMENT C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \BA89DD7A- F27D- 4B16 -8E34- 9BEC2AE1 DAA1 \PDFConvert.4097.1.Coral_ Keys_ Park_ Playground_ Rehabilitation _Project_Agreement.docx Updated — November 5, 2015 -- Page 10 of 11 Pages -- 11/18/15 CC ACEN A PACKET FCC .36.E defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. SIGNATURES ON FOLLOWING PAGE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD BROWN AND FOWLER CONST., INC. By: HARVEY L. HALL Mayor Print Name: Title: APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney Insurance: APPROVED AS TO CONTENT: DEPARTMENT OF RECREATION AND PARKS DIANNE HOOVER Recreation and Parks Director COUNTERSIGNED: INDEPENDENT CONTRACTOR's AGREEMENT C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \BA89DD7A- F27D- 4B16 -8E34- 9BEC2AE1 DAA1 \PDFConvert.4097.1.Coral_ Keys_ Park_ Playground_ Rehabilitation _Project_Agreement.docx Updated — November 5, 2015 -- Page 11 of 11 Pages -- 11/18/15 CC ACEN A PACKET FCC 366 By: NELSON SMITH Finance Director Attachments: Certificates of Insurance INDEPENDENT CONTRACTOR'S AGREEMENT C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \BA89DD7A- F27D- 4B16 -8E34- 9BEC2AE1 DAA1 \PDFConvert.4097.1.Coral_ Keys_ Park_ Playground_ Rehabilitation _Project_Agreement.docx Updated — November 5, 2015 Page 12 of 12 Pages -- 11/1$/15 CC ACEN A PACKET FCC 367 ADMINISTRATIVE REPORT 1{ MEETING DATE: 11/18/2015 Consent -Bids x. TO: Honorable Mayor and City Council FROM: Dianne Hoover, Director of Recreation and Parks DATE: 11/5/2015 WARD: Ward 4 SUBJECT: Accept base bid and alternate bid items and award contract with Brown and Fowler Construction, Inc. ($360,234) for Bill Park Greens Playground Rehabilitation project. STAFF RECOMMENDATION: Staff recommends acceptance of bid and award of contract. BACKGROUND: This project includes the removal and replacement of the existing outdated playground equipment and installation of rubberized safety surfaces at Bill Park Greens, located at 14001 Veracruz Dr in west Bakersfield. The base bid includes the demolition of the existing equipment, furnishing and installing new playground equipment and rubberized surfacing material. The rubberized surfacing material will allow for unrestricted access to all features of the new playground equipment in compliance with the Americans with Disabilities Act. In addition, the rubberized surfacing material will be safer and more efficient to maintain than sand. The engineer's estimate for the base bid of this project was $316,000. The alternative items in this bid include additional picnic tables, replacement of damaged park benches, exercise equipment shade structure, seat wall around exercise equipment, and replacement of trash containers. The alternative bids items were identified through feedback staff received from residents who participated in a community meeting in July 2015. On October 27, 2015, five bids were received; all of those bids are acceptable. Those bids are as follows: Company Base Bid Brown and Fowler Construction, Inc. 3008 Antonino Avenue Bakersfield, CA 93308 $319,000.00 DOD Construction 3501 Edison Highway Bakersfield, CA 93307 $399,890.00 11118115 CC AGENDA PACKET FAG 368 JTS Construction 7001 McDivitt Dr., Suite B Bakersfield, CA 93313 $374,500.00 T &G Construction 4360 Cloud Nine Avenue Mojave, CA 93501 $474,726.00 Unlimited Engineering Contracting, Inc. 950 Feristone Circle Simi Valley, CA 93065 $274,994.00 On November 2, 2015, Unlimited Engineering Contracting, Inc. withdrew its bid citing estimating errors. The bid withdrawal was accepted in accordance with California Public Contract Code § 5103 as the City received the notification of withdrawal within five business days of the bid opening. As a result, the second lowest base bid submitted by Brown and Fowler Construction, Inc. was accepted. The total amount of the contract, inclusive of the alternative items, is $360,234. This playground rehabilitation project is funded from the Capital Outlay Fund. Sufficient funding for the project was approved as part of the FY 2015 -16 Capital Improvement Program. ATTACHMENTS: Description D Agreement Type Agreement 11118115 CC A EN A PACKET FAG 369 AGREEMENT NO. BILL PARK GREENS PLAYGROUND REHABILITATION CONSTRUCTION PROJECT AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ( "CITY' herein) and BROWN AND FOWLER CONSTRUCTION, INC. a California corporation, ( "CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of installing playground equipment; and WHEREAS, CONTRACTOR represents CONTRACTOR has equipment and personnel readily available to complete project as scheduled; and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CONTRACTOR acknowledges additional playground work may be performed simultaneously by others; and WHEREAS, CITY desires to employ CONTRACTOR to Provide and Install Playground Equipment and Related Improvements, ( "Project" herein), as set forth herein. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work to be performed consists, in general, of removing existing playground equipment and sand, furnishing and installing new playground equipment, sand and ADA surfacing, including the foundations and all other necessary improvements to complete the play structures in the playgrounds at Bill Park Greens ( "Project ") herein), including all required labor and materials, to meet or exceed all applicable playground equipment requirements of (ADA), United States Consumer Product Safety Commission (CPSC) or other local, state, or federal laws. The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not. CITY and CONTRACTOR agree all INDEPENDENT CONTRACTOR's AGREEMENT C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \60426026- 5C96- 4A98 -8F51- 678270DE8 D8A \PD FConvert.4096.1. B i II_Park_G ree ns_Playg rou nd_Rehabi litation_Project_Agreement. docx Updated — November 5, 2015 -- Page 1 of 11 Pages -- 11/1$/15 CC ACEN A PACKET FCC 370 communications relating to this Agreement must be in writing. CONTRACTOR understand and agrees that the CITY is an urban area and underground obstructions including, without limitation, water lines, electrical lines, sewer lines, and gas lines are inherent in any work involving subsurface excavation. At a minimum, CONTRACTOR must contact appropriate underground alert authorities before starting any subsurface work. 1.1. The following shall be deemed to be part of this Agreement as if fully set forth herein: 1.1.1. Notice to Contractors 1.1.2. Special Provisions 1.1.3. Bid Proposal 1.1.4. Bidder's Bond I.I.S. Performance Bond 1.1.6. Material and Labor Bond 1.1.7. Letters of transmittal, if any 1.1.8. All provisions required by law to be inserted in this contract whether actually inserted or not. 1.1.9. Current State of California DAS 140 Form (If required by Specifications) 1.1.10. Drawings, if any. 1.1.11. Public Contract Code § 22300 (Escrow Accounts). 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of Three Hundred Sixty Thousand Two Hundred Thirty -Four Dollars ($360,234). The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. Unless otherwise required by State law, a five percent (5 %) retention shall be withheld from payments to CONTRACTOR by CITY. The five percent (5 %) retention required by the Bakersfield Municipal Code shall be released after the appropriate statuses have expired and all liens and stop payment notices have been cleared. 3. PAYMENT PROCECURE. CONTRACTOR shall be paid for services rendered in accordance with the Special Provisions applicable to this project and as follows: The full five percent (5 %) retention may be deducted from all payments, unless the Contractor has elected to deposit securities with the City in accordance with the provisions of California Public Contracts Code, Section 10263. The final retention will be authorized for payment thirty -five (35) days after final acceptance of the project is issued by the City, provided no stop notices have been filed. INDEPENDENT CONTRACTOR's AGREEMENT C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \60426026- 5C96- 4A98 -8F51- 678270DE8 D8A \PD FConvert.4096.1. B i II_Park_G ree ns_Playg rou nd_Rehabi litation_Project_Agreement. docx Updated — November 5, 2015 -- Page 2 of 11 Pages -- 11/1$/15 CC ACEN A PACKET FCC 371 City Right to Withhold Certain Amounts. In addition to the payment to be retained by the City under the provisions of the contract documents, the City may withhold a sufficient amount of any payment otherwise due to the contractor to cover (a) payments that may be past due and payable for just claims for labor or materials furnished in and about the performance of the work under this contract or (b) for defective work not remedied. The City shall disburse, and shall have the right to act as agent for the contractor in disbursing such funds as have been withheld pursuant to this subsection, to the party or parties who are entitled to payment therefrom. The City will render to the contractor a proper accounting of all such funds disbursed on behalf of the contractor. 3.1.INVOICES. Unless otherwise specified, invoices shall be sent to the address set forth herein below. Invoices shall include the Contract number and the City representative's name, and invoice total amount. City of Bakersfield Attention: Devin Daugherty Recreation and Parks 1600 Truxtun Avenue Bakersfield, CA 93301 4. SCHEDULING. When required by CITY in contract bid documents, or upon reasonable notice, CONTRACTOR shall supply CITY with scheduling documents showing all information in a form requested by CITY. CONTRACTOR's scheduling personnel shall have experience in and be knowledgeable in scheduling. CITY may require CONTRACTOR to supply the schedule on programs named by CITY (Microsoft Project for example), and may require said schedules to be undated or revised on a regular basis. CITY may require recovery schedules if CONTRACTOR falls behind the Project schedule. CITY's review or comment on the schedule shall not constitute acceptance thereof. S. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 6. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession. INDEPENDENT CONTRACTOR's AGREEMENT C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \60426026- 5C96- 4A98 -8F51- 678270DE8 D8A \PD FConvert.4096.1. B i II_Park_G ree ns_Playg rou nd_Rehabi litation_Project_Agreement. docx Updated — November 5, 2015 -- Page 3 of 11 Pages -- 11/1$/15 CC AGENDA PACKET IBC 372 7. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of the profession in California. 8. MERGER AND MODIFICATION. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 9. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 11. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent CONTRACTOR. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent CONTRACTOR. CONTRACTOR retains the right to control the manner in which the services described herein are performed and CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services set forth in this Agreement. 12. INSURANCE and BONDS. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements ") herein: INDEPENDENT CONTRACTOR's AGREEMENT C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \60426026- 5C96- 4A98 -8F51- 678270DE8 D8A \PD FConvert.4096.1. B i II_Park_G ree ns_Playg rou nd_Rehabi litation_Project_Agreement. docx Updated — November 5, 2015 -- Page 4 of 11 Pages -- 11/1$/15 CC ACEN A PACKET FCC 373 12.1. Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 12.1.1. Provide coverage for owned, non -owned and hired autos. 12.2. Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 12.2.1. Provide contractual liability coverage for the terms of this Agreement. 12.2.2. Provide products and completed operations coverage. 12.2.3. Contain an additional insured endorsement in favor of CITY, its mayor, council, officers, agents, employees and designated volunteers. 12.2.4. All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, CONTRACTOR may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self - Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 12.3. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. INDEPENDENT CONTRACTOR's AGREEMENT C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \60426026- 5C96- 4A98 -8F51- 678270DE8 D8A \PD FConvert.4096.1. B i II_Park_G ree ns_Playg rou nd_Rehabi litation_Project_Agreement. docx Updated — November 5, 2015 -- Page 5 of 11 Pages -- 11/1$/15 CC ACEN A PACKET FCC 374 12.4. All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees or designated volunteers and any insurance or self- insurance maintained by the CITY, its mayor, council, officers, agents, employees and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. 12.5. Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insurance retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by CITY in writing. 12.6. Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 12.7. The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 12.8. The CONTRACTOR shall furnish CITY's Risk Manager with a certificate of insurance and required endorsements evidencing the insurance and bonds required. The CITY may withdraw its offer of contract if certificates of insurance and endorsements required have not been provided as required by the Special Provisions. 12.9. Full compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 12.10. It is further understood and agreed by the CONTRACTOR that its liability to CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement. INDEPENDENT CONTRACTOR's AGREEMENT C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \60426026- 5C96- 4A98 -8F51- 678270DE8 D8A \PD FConvert.4096.1. B i II_Park_G ree ns_Playg rou nd_Rehabi litation_Project_Agreement. docx Updated — November 5, 2015 -- Page 6 of 11 Pages -- 11/1$/15 CC ACEN A PACKET FCC .37.E 12.11. Unless otherwise approved by CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR. 12.12. CONTRACTOR shall provide performance, labor and material bonds in amounts and in a form suitable to the CITY. CITY shall approve in writing all such security instruments prior to the commencement of work on the Project. 13. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 14. INDEMNITY. CONTRACTOR shall indemnify, defend and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR's employees, agents, independent contractors, companies or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 15. TERMINATION. This Agreement may be terminated as set forth in the Special Provisions for this Project. If no termination clauses are included in the Special Provision this Agreement may be terminated for CONTRACTOR default. The following circumstances shall be deemed a CONTRACTOR default: 1) a material breach of the contract where CONTRACTOR fails to cure said breach within ten (10) days of notice from CITY. If said breach cannot reasonably be cured within ten (10) days CONTRACTOR must have taken significant steps to cure said breach including, without limitation, providing a written plan acceptable to CITY to cure the default and immediately commencing to cure the default; 2) violation of any law, statute, regulation, rule, ordinance, permit or order of any governmental agency by CONTRACTOR applicable to the Project and where CONTRACTOR does not cure said violation within ten (10) days of the date of the notice of violation or notice from CITY demanding a cure, whichever is earlier; 3) CONTRACTOR makes an assignment for benefit or creditors, admits an inability to pay debts, files a petition in bankruptcy or is otherwise determined bankrupt or insolvent; 4) CONTRACTOR fails to adequately respond in writing to CITY's written demand for adequate assurances. CONTRACTOR must respond to CITY's demand for adequate assurances within ten (10) days in writing with all INDEPENDENT CONTRACTOR's AGREEMENT C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \60426026- 5C96- 4A98 -8F51- 678270DE8 D8A \PD FConvert.4096.1. B i II_Park_G ree ns_Playg rou nd_Rehabi litation_Project_Agreement. docx Updated — November 5, 2015 -- Page 7 of 11 Pages -- 11/1$/15 CC ACEN A PACKET FCC 376 necessary information to assure CITY that CONTRACTOR has the financial and other necessary resources to perform the contract without breach. All information requested by CITY shall be supplied or CONTRACTOR will be in material breach of this Agreement. 15.1. In the event of termination by CITY as set forth above, CONTRACTOR shall remain fully liable for any work not completed, liquidated damages (as set forth in the Special Provisions), delays by follow up contractors, materials and equipment provided, designs commenced through the date of termination, and consequential damages. CONTRACTOR will immediately deliver to CITY possession of the work including all designs, engineering, project records, cost data, drawing specifications and contracts, and construction supplies and aids dedicated solely to performing the work. CONTRACTOR shall assign all subcontracts to CITY; however, CITY may accept or reject said subcontracts at its sole discretion. 15.2. CITY and CONTRACTOR agree that should CITY's termination for cause be determined by a court of law to be wrongful or without cause, such termination will be treated as a termination for convenience entitling OCNTRACTOR to an equitable settlement for claims and liabilities outstanding at the date of termination and reasonable compensation for work actually performed to the date of termination. No other compensation shall be due CONTRACTOR for termination for convenience. 16. REMEDIES. The remedies provided in this Agreement are cumulative and are in addition to any other remedies in law or equity which may be available to CITY. The election of one or more remedies shall not bar the use of other remedies unless the circumstances make the remedies incompatible. 17. SITE INSPECTION. CITY shall be allowed to inspect the construction site at any time and CONTRACTOR shall make all areas of the construction site available to inspection including, without limitation, any construction trailers or offices at the site and all plans, drawings, documents, schedules, photographs and other documentation relating to the Project. 18. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop notices or liens to be filed on the project, and shall pay all costs and fees to CITY, including without limitation attorney's fees, incurred by CITY because of the filing of any such stop notice, lien or legal action relations thereto. CONTRACTOR agrees CITY may withhold from any funds held by CITY concerning the project amounts sufficient to cover costs and fees, including without limitation attorney's fees, incurred by CITY because of the filing of any stop notice, lien, or legal action relating thereto. INDEPENDENT CONTRACTOR's AGREEMENT C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \60426026- 5C96- 4A98 -8F51- 678270DE8 D8A \PD FConvert.4096.1. B i II_Park_G ree ns_Playg rou nd_Rehabi litation_Project_Agreement. docx Updated — November 5, 2015 -- Page 8 of 11 Pages -- 11/1$/15 CC ACEN A PACKET FCC 377 19. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 20. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD DEPARTMENT OF RECREATION AND PARKS 1600 Truxtun Avenue Bakersfield, California 93301 (661) 326 -3866 CONTRACTOR: BROWN AND FOWLER CONSTRUCTION INC. 3008 Antonio Ave Bakersfield, California 93308 (661) 324 -4142 21. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 22. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. 23. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be INDEPENDENT CONTRACTOR's AGREEMENT C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \60426026- 5C96- 4A98 -8F51- 678270DE8 D8A \PD FConvert.4096.1. B i II_Park_G ree ns_Playg rou nd_Rehabi litation_Project_Agreement. docx Updated — November 5, 2015 -- Page 9 of 11 Pages -- 11/1$/15 CC ACEN A PACKET FCC 378 executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 24. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers (including, but not limited to, computer or electronic data), or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 25. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 26. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 27. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 20-5110259 CONTRACTOR is a corporation? Yes X No (Please check one.) 28. CONTRACTOR'S LICENSE INFORMATION. License Number 888077 Expiration Date 01/28/2016 License Classification A & B 29. NON - INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 30. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 31. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as INDEPENDENT CONTRACTOR's AGREEMENT C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \60426026- 5C96- 4A98 -8F51- 678270DE8 D8A \PD FConvert.4096.1. B i II_Park_G ree ns_Playg rou nd_Rehabi litation_Project_Agreement. docx Updated — November 5, 2015 -- Page 10 of 11 Pages -- 11/18/15 CC ACEN A PACKET FCC 379 defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. SIGNATURES ON FOLLOWING PAGE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD BROWN AND FOWLER CONST., INC. By: HARVEY L. HALL Mayor Print Name: Title: APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney Insurance: APPROVED AS TO CONTENT: DEPARTMENT OF RECREATION AND PARKS DIANNE HOOVER Recreation and Parks Director COUNTERSIGNED: INDEPENDENT CONTRACTOR's AGREEMENT C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \60426026- 5C96- 4A98 -8F51- 678270DE8 D8A \PD FConvert.4096.1. B i II_Park_G ree ns_Playg rou nd_Rehabi litation_Project_Agreement. docx Updated — November 5, 2015 -- Page 11 of 11 Pages -- 11/18/15 CC ACEN A PACKET FCC 380 By: NELSON SMITH Finance Director Attachments: Certificates of Insurance INDEPENDENT CONTRACTOR'S AGREEMENT C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \60426026- 5C96- 4A98 -8F51- 678270DE8 D8A \PD FConvert.4096.1. B i II_Park_G ree ns_Playg rou nd_Rehabi litation_Project_Agreement. docx Updated — November 5, 2015 Page 12 of 12 Pages -- 11/18/15 CC ACEN A PACKET FCC 381 ADMINISTRATIVE REPORT 1{ MEETING DATE: 11/18/2015 Consent -Bids y. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/16/2015 WARD: Ward 2 SUBJECT: Centennial Plaza Fountain Replacement: 1. Accept bid and approve contract with Pacific ($384,100) for the project. 2. Appropriate $146,000 Capital Outlay Fund balance Works Department's Capital Improvement budget. STAFF RECOMMENDATION: Staff recommends acceptance of bid and approval of contract and appropriation. BACKGROUND: Aquascape to the Public In October 2014, the City Council approved a plan to improve the various pedestrian walking surfaces at the Centennial Plaza and to address the ongoing maintenance issues with the existing fountain. As part of the plan, the existing fountain was to be replaced with a new above - ground fountain which would complement the Plaza and be more efficient to maintain and operate.The construction of a new fountain is the final phase of the project to be completed. The City selected the design firm of RRM Design Group (RRM) to develop options for a replacement of the Centennial Plaza fountain. Various design options were presented to the Community Services Committee. Ultimately, a concept was selected and RRM proceeded with the preparation of plans and specifications for the fountain replacement. On June 30, 2015, the City received two bids for the Centennial Plaza Fountain Replacement Project which were significantly higher than the consultant's estimate of $235,000; therefore, those bids were rejected and the project was re- designed with the intent of lowering the cost of construction while still maintaining the quality of the fountain. City staff and the design consultant team came up with alternates for keeping the original aesthetics of the project intact, yet reducing the overall complexity which in return would reduce the cost of construction. As part of this re- design process, staff determined that portions of the project could be completed in -house by City staff. City forces will be temporarily removing and re- installing commemorative engraved tiles and pavers, demolishing and removing the existing fountain, removing and replacing colored concrete, and installing a storm drainage system. 11/18/15 CC AGENDA PACKET FAG 382 The Contractor's scope of work for this re -bid will include the construction of the above - ground fountain, water features, pumps, jets, filters, air compressors, piping, electrical systems, light features, control panel, and structural steel and concrete. The Engineer's Estimate for this re -bid is $260,000. On October 22, 2015, a total of three bids were received; all three of those bids are acceptable. Those acceptable bids are as follows: Pacific Aquascape, Inc. 17520 Newhope Street, Ste 120 in the amount of $384,000.00 Fountain Valley, CA 92708 California Commercial Pools, Inc. 2255 E. Auto Centre Drive in the amount of $397,000.00 Glendora, CA 91740 American Construction Engineers 26375 Watts Valley Road in the amount of $455,172.00 Tollhouse, CA 93667 Staff reached out to several local contractors to solicit more bids; however, no local bidders submitted bids because they indicated they did not have the available resources due being engaged in other projects or the scope of work was outside of their expertise. In an effort to complete the final phase of improvements to the Plaza, City staff has initiated work on the fountain area in preparation of the bid award. Upon award of the bid, staff estimates the project will be completed in spring 2016. Staff has identified available funding to fully fund the project and is recommending an appropriation of $146,000 of Capital Outlay fund balance. ATTACHMENTS: Description D PowerPoint presentation Type Pare eiretafiion D Agreement Agreement 11/18/15 CC A GENDA PACKET FAG 383 0 E 11 11 Ll 11 ��Wll ri ` oil W D r *I 4 volk • Ln r-i 0 N 0 4-j U w ORT5 ono,so 1NRVN40V1d48 NIVITO-j 11 WY11d 'M N RANIO 1 1 UEOWWAIN 1� iljlili,fli`l, 'f �` � I N cy I M 11118115 CCAGENDA PACKET FAG 386 D 1 r 3, I TI a Ir 1 0 13 C3 113 L ID U111 4j I I 1 1��, I N cy I M 11118115 CCAGENDA PACKET FAG 386 AGREEMENT NO. CONSTRUCTION PROJECTS AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ( "CITY' herein) and PACIFIC AQUASCAPE INTERNATIONAL, INC., a California Corporation, ( "CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of construction; and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to employ CONTRACTOR for the Centennial Plaza Fountain Replacement (Re -Bid) ( "Project" herein), as set forth herein. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work to be performed consists, in general, of replacing the Centennial Plaza Fountain features, pumps, jets, filters, air compressors, piping, electrical systems, control panel, and structural steel and concrete. City forces will be doing work simultaneously at this site so Contractor must coordinate their work efforts with City forces. City forces will be removing and re- installing commemorative engraved tiles and pavers, demolition and removal of existing fountain, removing and replacing colored concrete, and installing a trench drain in conjunction with this project ( "Project" herein). NOTE: This project is being re -bid for the second time. There have been significant changes that were made to the plans and specifications. Below is the list of various changes that have been made from the first bid to this re -bid: 1. The original plans called for Perimeter Concrete Cascading Steps. The re- bid will now incorporate Perimeter Stainless Steel Scupper Weirs. 2. The original plans called for Perimeter Nozzle Model PEM 815 -5. The re -bid will incorporate a Perimeter Nozzle PEM 847C. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/29/2015 Centennial Plaza Fountain Replacement (Re -bid) (City Project No. P5K225) L.Skinner for Project Designer. G: \GROUPDAT\AGREEMENTS \Pacific Aquascape International \Centennial Plaza Fountain.Agr.docx Navdip Grewal: Telephone: (661) 326 -3361 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \7F575A96 -CC3E- 4219- A847- 3F797C45CC3E \PDFConvert.4076.1. Centennial _Plaza_Fountain.Agr.docx -- Page 1 of 12 Pages -- 11/1$/15 CC ACEN A PACKET IBC 387 3. The original bid called for Middle Nozzles PEM 65. The re -bid will incorporate Middle Nozzles PEM 53A/08. 4. The original plans called for Center Nozzle PEM 65. The re -bid will incorporate Center Nozzle PEM 747B. 5. The original plan called for Underwater RGB LED Lights. The re -bid will incorporate Underwater White LED Lights. 6. The original plans called for Perimeter Grate at Bottom Basin. The re -bid will incorporate a Sump Grate (4 Locations). 7. The original plans called to Water Feature Pumps with VFD (3 totals). The re -bid will incorporate a Water Feature Pump with no VFD (I total). 8. The original plans called for a proposed piping layour that reuses (5) existing pipes. The re -bid will incorporate a proposed piping layout that reuses (3) existing pipes. 9. The original plans called for a Control Panel located outside of the Pump Station. The re -bid will incorporate a Control Panel located inside of the Pump Station. The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not. CITY and CONTRACTOR agree all communications relating to this Agreement must be in writing. CONTRACTOR understands and agrees that the CITY is an urban area and underground obstructions including, without limitation, water lines, electrical lines, sewer lines, and gas lines are inherent in any work involving subsurface excavation. At a minimum, CONTRACTOR must contact appropriate underground alert authorities before starting any subsurface work. 1.1 The following shall be deemed to be part of this Agreement as if fully set forth herein: 1.1.1 Notice to Contractors 1.1.2 Special Provisions 1.1.3 Bid Proposal 1.1.4 Bidder's Bond 1.1.5 Performance Bond 1.1.6 Material and Labor Bond 1.1.7 Letters of transmittal, if any 1.1.8 All provisions required by law to be inserted in this contract whether actually inserted or not. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/29/2015 Centennial Plaza Fountain Replacement (Re -bid) (City Project No. P51K225) L.Skinner for Project Designer. G: \GROUPDAT\AGREEMENTS \Pacific Aquascape International \Centennial Plaza Fountain.Agr.docx Navdip Grewal: Telephone: (661) 326 -3361 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \7F575A96 -CC3E- 4219- A847- 3F797C45CC3E \PDFConvert.4076.1. Centennial _Plaza_Fountain.Agr.docx -- Page 2 of 12 Pages -- 11/1$/15 CC ACEN A P CKET FCC 388 1.1.9 Current State of California DAS 140 Form (if required by Specifications) 1.1.10 Drawings, if any. 1.1.11 Public Contract Code § 22300 (Escrow Accounts). 1.1.12 Current State of California DIR- PWC100 Form. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of THREE HUNDRED EIGHTY -FOUR THOUSAND, ONE HUNDRED DOLLARS AND ZERO CENTS ($384,100.00). The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. Unless otherwise required by State law, a ten percent (10 %) retention shall be withheld from payments to CONTRACTOR by CITY. The ten percent (10 %) retention required by the Bakersfield Municipal Code shall be released after the appropriate statutes have expired and all liens and stop payment notices have been cleared. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered in accordance with the Special Provisions applicable to this Project. 4. SCHEDULING. When required by CITY in contract bid documents, or upon reasonable notice, CONTRACTOR shall supply CITY with scheduling documents showing all information in a form requested by CITY. CONTRACTOR's scheduling personnel shall have experience in and be knowledgeable in scheduling. CITY may require CONTRACTOR to supply the schedule on programs named by CITY (Microsoft Project for example), and may require said schedules to be undated or revised on a regular basis. CITY may require recovery schedules if CONTRACTOR falls behind the Project schedule. CITY's review or comment on the schedule shall not constitute acceptance thereof. 5. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 6. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/29/2015 Centennial Plaza Fountain Replacement (Re -bid) (City Project No. P51K225) L.Skinner for Project Designer. G: \GROUPDAT\AGREEMENTS \Pacific Aquascape International \Centennial Plaza Fountain.Agr.docx Navdip Grewal: Telephone: (661) 326 -3361 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \7F575A96 -CC3E- 4219- A847- 3F797C45CC3E \PDFConvert.4076.1. Centennial _Plaza_Fountain.Agr.docx -- Page 3 of 12 Pages -- 11/1$/15 CC ACEN A P CKET FCC 389 7. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of the profession in California. 8. MERGER AND MODIFICATION. All prior agreements between the parties are incorporated in this Agreement which constitutes the entire agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 9. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 11. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/29/2015 Centennial Plaza Fountain Replacement (Re -bid) (City Project No. P5K225) L.Skinner for Project Designer. G: \GROUPDAT\AGREEMENTS \Pacific Aquascape International \Centennial Plaza Fountain.Agr.docx Navdip Grewal: Telephone: (661) 326 -3361 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \7F575A96 -CC3E- 4219- A847- 3F797C45CC3E \PDFConvert.4076.1. Centennial _Plaza_Fountain.Agr.docx -- Page 4 of 12 Pages -- 11/1$/15 CC ACEN A P CKET FCC 390 This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 12. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. CONTRACTOR retains the right to control the manner in which the services described herein are performed and CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services set forth in this Agreement. 13. INSURANCE and BONDS. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements ") herein: 13.1. Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 13.1.1. Provide coverage for owned, non -owned and hired autos. 13.2. Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 13.2.1. Provide contractual liability coverage for the terms of this Agreement. 13.2.2. Provide unlimited products and completed operations coverage. 13.2.3. Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/29/2015 Centennial Plaza Fountain Replacement (Re -bid) (City Project No. P5K225) L.Skinner for Project Designer. G: \GROUPDAT\AGREEMENTS \Pacific Aquascape International \Centennial Plaza Fountain.Agr.docx Navdip Grewal: Telephone: (661) 326 -3361 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \7F575A96 -CC3E- 4219- A847- 3F797C45CC3E \PDFConvert.4076.1. Centennial _Plaza_Fountain.Agr.docx -- Page 5 of 12 Pages -- 11/1$/15 CC ACEN A P CKET FCC 391 13.2.4. All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, CONTRACTOR may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self - Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 13.3. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 13.4. All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. 13.5. Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 13.6. Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 13.7. The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/29/2015 Centennial Plaza Fountain Replacement (Re -bid) (City Project No. P5K225) L.Skinner for Project Designer. G: \GROUPDAT\AGREEMENTS \Pacific Aquascape International \Centennial Plaza Fountain.Agr.docx Navdip Grewal: Telephone: (661) 326 -3361 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \7F575A96 -CC3E- 4219- A847- 3F797C45CC3E \PDFConvert.4076.1. Centennial _Plaza_Fountain.Agr.docx -- Page 6 of 12 Pages -- 11/1$/15 CC ACEN A P CKET FCC 392 13.8. The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance and bonds required. The CITY may withdraw its offer of contract if certificates of insurance and endorsements and bonds required have not been provided as required by the Special Provisions. 13.9. Full compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 13.10. It is further understood and agreed by the CONTRACTOR that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement. 13.11. Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR. 13.12. CONTRACTOR shall provide performance, labor and material bonds in amounts and in a form suitable to the CITY. CITY shall approve in writing all such security instruments prior to the commencement of work on the Project. 14. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 15. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/29/2015 Centennial Plaza Fountain Replacement (Re -bid) (City Project No. P5K225) L.Skinner for Project Designer. G: \GROUPDAT\AGREEMENTS \Pacific Aquascape International \Centennial Plaza Fountain.Agr.docx Navdip Grewal: Telephone: (661) 326 -3361 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \7F575A96 -CC3E- 4219- A847- 3F797C45CC3E \PDFConvert.4076.1. Centennial _Plaza_Fountain.Agr.docx -- Page 7 of 12 Pages -- 11/1$/15 CC ACEN A P CKET FCC 393 16. TERMINATION. This Agreement may be terminated as set forth in the Special Provisions for this Project. If no termination clauses are included in the Special provision this Agreement may be terminated for CONTRACTOR default. The following circumstances shall be deemed a CONTRACTOR default: 1) a material breach of the contract where CONTRACTOR fails to cure said breach within ten (10) days of notice from CITY. If said breach cannot reasonably be cured within ten (10) days CONTRACTOR must have taken significant steps to cure said breach including, without limitation, providing a written plan acceptable to CITY to cure the default and immediately commencing to cure the default; 2) violation of any law, statute, regulation, rule, ordinance, permit or order of any governmental agency by CONTRACTOR applicable to the Project and where CONTRACTOR does not cure said violation within ten (10) days of the date of the notice of violation or notice from CITY demanding a cure, whichever is earlier; 3) CONTRACTOR makes an assignment for benefit of creditors, admits an inability to pay debts, files a petition in bankruptcy or is otherwise determined bankrupt or insolvent; 4) CONTRACTOR fails to adequately respond in writing to CITY's written demand for adequate assurances. CONTRACTOR must respond to CITY'S demand for adequate assurances within ten (10) days in writing with all necessary information to assure CITY that CONTRACTOR has the financial and other necessary resources to perform the contract without breach. All information requested by CITY shall be supplied or CONTRACTOR will be in material breach of this Agreement. 16.1. In the event of termination by CITY as set forth above, CONTRACTOR shall remain fully liable for any work not completed, liquidated damages (as set forth in the Special Provisions), delays by follow up contractors, materials and equipment provided, designs commenced through the date of termination, and consequential damages. CONTRACTOR will immediately deliver to CITY possession of the work including all designs, engineering, project records, cost data, drawing specifications and contracts, and construction supplies and aids dedicated solely to performing the work. CONTRACTOR shall assign all subcontracts to CITY, however, CITY may accept or reject said subcontracts at its sole discretion. 16.2. CITY and CONTRACTOR agree that should CITY's termination for cause be determined by a court of law to be wrongful or without cause, such termination will be treated as a termination for convenience entitling CONTRACTOR to an equitable settlement for claims and liabilities outstanding at the date of termination and reasonable compensation for work actually performed to the date of termination. No other compensation shall be due CONTRACTOR for termination for convenience. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/29/2015 Centennial Plaza Fountain Replacement (Re -bid) (City Project No. P5K225) L.Skinner for Project Designer. G: \GROUPDAT\AGREEMENTS \Pacific Aquascape International \Centennial Plaza Fountain.Agr.docx Navdip Grewal: Telephone: (661) 326 -3361 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \7F575A96 -CC3E- 4219- A847- 3F797C45CC3E \PDFConvert.4076.1. Centennial _Plaza_Fountain.Agr.docx -- Page 8 of 12 Pages -- 11/1$/15 CC ACEN A P CKET FCC 394 17. REMEDIES. The remedies provided in this Agreement are cumulative and are in addition to any other remedies in law or equity which may be available to CITY. The election of one or more remedies shall not bar the use of other remedies unless the circumstances make the remedies incompatible. 18. SITE INSPECTION. CITY shall be allowed to inspect the construction site at any time and CONTRACTOR shall make all areas of the construction site available to inspection including, without limitation, any construction trailers or offices at the site and all plans, drawings, documents, schedules, photographs and other documentation relating to the Project. 19. STOP NOTICES OR LIENS. CONTRACTOR shall not allow any stop notices or liens to be filed on the project, and shall pay all costs and fees to CITY, including without limitation attorney's fees, incurred by CITY because of the filing of any such stop notice, lien or legal action relating thereto. CONTRACTOR agrees CITY may withhold from any funds held by CITY concerning the project amounts sufficient to cover costs and fees, including without limitation attorney's fees, incurred by CITY because of the filing of any stop notice, lien, or legal action relating thereto. 20. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 21. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT 1600 Truxtun Avenue Bakersfield, California 93301 (661) 326 -3724 CONTRACTOR: PACIFIC AQUASCAPE INTERNATIONAL, INC. 17520 Newhope Street, Suite 120 Fountain Valley, California 92708 (714) 481 -7260 CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/29/2015 Centennial Plaza Fountain Replacement (Re -bid) (City Project No. P5K225) L.Skinner for Project Designer. G: \GROUPDAT\AGREEMENTS \Pacific Aquascape International \Centennial Plaza Fountain.Agr.docx Navdip Grewal: Telephone: (661) 326 -3361 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \7F575A96 -CC3E- 4219- A847- 3F797C45CC3E \PDFConvert.4076.1. Centennial _Plaza_Fountain.Agr.docx -- Page 9 of 12 Pages -- 11/1$/15 CC ACEN A P CKET FCC .39.E 22. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 23. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. 24. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 25. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers (including, but not limited to, computer or electronic data), or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 26. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 27. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/29/2015 Centennial Plaza Fountain Replacement (Re -bid) (City Project No. P5K225) L.Skinner for Project Designer. G: \GROUPDAT\AGREEMENTS \Pacific Aquascape International \Centennial Plaza Fountain.Agr.docx Navdip Grewal: Telephone: (661) 326 -3361 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \7F575A96 -CC3E- 4219- A847- 3F797C45CC3E \PDFConvert.4076.1. Centennial _Plaza_Fountain.Agr.docx -- Page 10 of 12 Pages -- 11/1$/15 CC ACEN A P CKET FCC 396 28. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number CONTRACTOR is a corporation? Yes X No (Please check one.) 29. CONTRACTOR'S LICENSE INFORMATION. License Number Expiration Date License Classification 972335 4/30/2016 A 30. NON - INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 31. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. "CITY" CITY OF BAKERSFIELD HARVEY L. HALL Mayor "CONTRACTOR" PACIFIC AQUASCAPE INTERNATIONAL, INC. in PRINT NAME: Title: -- Additional Signatures on the Following Page — CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/29/2015 Centennial Plaza Fountain Replacement (Re -bid) (City Project No. P5K225) L.Skinner for Project Designer. G: \GROUPDAT\AGREEMENTS \Pacific Aquascape International \Centennial Plaza Fountain.Agr.docx Navdip Grewal: Telephone: (661) 326 -3361 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \7F575A96 -CC3E- 4219- A847- 3F797C45CC3E \PDFConvert.4076.1. Centennial _Plaza_Fountain.Agr.docx -- Page 11 of 12 Pages -- 11/1$/15 CC ACEN A P CKET FCC 397 APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director COUNTERSIGNED: NELSON SMITH Finance Director Insurance: JENA COVEY Risk Manager CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 10/29/2015 Centennial Plaza Fountain Replacement (Re -bid) (City Project No. P5K225) L.Skinner for Project Designer: G: \GROUPDAT\AGREEMENTS \Pacific Aquascape International \Centennial Plaza Fountain.Agr.docx Navdip Grewal: Telephone: (661) 326 -3361 C: \Program Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \7F575A96 -CC3E- 4219- A847- 3F797C45CC3E \PDFConvert.4076.1. Centennial _Plaza_Fountain.Agr.docx -- Page 12 of 12 Pages -- 11/1$/15 CC ACEN A P CKET FCC 398 ADMINISTRATIVE REPORT 1{ MEETING DATE: 11/18/2015 Consent -Miscellaneous z. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/21/2015 A%\N13 SUBJECT: Appropriate $150,000 Other Agency Share of Project Costs to the Public Works Department's operating budget within the Refuse Enterprise Fund to provide funding for the Freeway Litter Program for FY 2015/16. STAFF RECOMMENDATION: Staff recommends approval of appropriation. BACKGROUND: On June 24, 2015, the Council approved Memorandum of Agreement (MOA) No. 15 -162 with Kern Council of Governments (Kern COG) which provides $150,000 in funding for the Freeway Litter Program for FY 2015/16. Staff inadvertently excluded appropriation language from the June 24, 2015 Administrative Report and therefore the funding is not currently budgeted within the Solid Waste Division operating budget. This action formally appropriates the Kern COG funds for the litter cleanup program. Since 2013, the City has partnered with the Bakersfield Homeless Center (BHC), Caltrans, and Kern COG to remove litter along freeways within the City. BHC crews perform the litter removal work, with Caltrans and Kern COG providing the funding. The freeways are cleaned regularly and clients of the BHC derive income from this program, which has allowed them to secure housing for themselves and their families. Staff recommends the appropriation of Kern COG's FY 2015/16 commitment of $150,000 for the Freeway Litter Program. 11118115 CC AGENDA PACKET FAG 399 ADMINISTRATIVE REPORT 1{ MEETING DATE: 11/18/2015 Hearings 10. a. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 10/5/2015 WARD: Ward 2 SUBJECT: Public Hearing to consider Resolution ordering the vacation of the Public Utility Easement located between 18th Street and 19th Street and R Street and V Street. STAFF RECOMMENDATION: Staff recommends adoption of Resolution. BACKGROUND: The City of Bakersfield Community Development Department has requested a Public Utilities Easement (PUE) be vacated between 18th and 19th Streets and R and V Streets. A PUE was reserved when a portion of the alley within this area was vacated in 1947. The PUE needs to be vacated as part of a proposed development project. Mill Creek Village CIC, LP is the developer for Mill Creek Village (formerly known as 19th Street Senior Housing), a -63 unit affordable senior housing project to be located at 508 18th Street. Mill Creek Village CIC, LP (at the request of its investors in the project) has requested the utility easement vacation so that Mill Creek Village CIC, LP will receive clear title to the property from the City. The property is currently owned by the City as successor to the dissolved Bakersfield Redevelopment Agency. The City Fire, Police, Public Works, Development Services, and Community Development Departments have been notified of the request and no objections have been received as of the date of this report. Public Works notes that there are City sewer facilities in the vacating area that will be relocated. The utility companies serving the area have been notified by mail. There are no utilities in the area to be vacated. Preliminary notices were also mailed to all adjacent property owners within a 300 -foot radius of the proposed vacating area. Public Works has received no objections from these owners as of the date of this report. The proposed vacation was approved by the Planning Department on October 15, 2015, per local ordinance and was found to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code 65402. 11118115 CC AGENDA PACKET FAG 400 It was determined that this action is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15061 (b) (3) of CEQA guidelines (general rule), because there is no possibility that the action may have a significant effect on the environment. Notice of this public hearing has been duly advertised and posted as required by law. ATTACHMENTS: Description Resolution Exhibit A Legal Description Type 1=� eso Iklfi Olrl Exlh li Ike lit Exhibit B location map Exhlib t 11/18/15 CC A GENDA PACKET FAG 401 RESOLUTION NO. A RESOLUTION OF THE COUNCIL ORDERING THE VACATION OF THE PUBLIC UTILITY EASEMENT BETWEEN 18TH STREET AND 19TH STREET AND R STREET AND V STREET (WARD 2) WHEREAS, on WEDNESDAY, November 18, 2015, the Council of the City of Bakersfield, pursuant to the provisions of the "Public Streets, Highways and Service Easements Vacation Law," Government Code Sections 8300 et seq. of the Streets and Highways Code of the State of California, declaring its intention to vacate the public utility easement between 18th Street and 19th Street and R Street and V Street (Ward 2); and WHEREAS, the Council did fix a time and place for hearing all persons interested in or objecting to said proposed vacation, which hearing was held on November 18, 2015, after notices of said hearing were duly published and posted as required by law; and WHEREAS, for the above - described project, it was determined that the proposed vacation is exempt from CEQA, pursuant to Section 15061 (b) (3) of CEQA Guidelines (General Rule) in that there is no possibility that the proposed action could have a significant effect on the environment; and WHEREAS, on October 15, 2015, Planning Department found the vacation to be consistent with the Metropolitan Bakersfield General Plan, per local ordinance. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and are incorporated herein. 2. This Resolution is adopted pursuant to Section 8300, et seq. of the Streets and Highways Code of the State of California. 3. A public utilities easement will be reserved with this resolution, see Exhibit "A" and Exhibit "B ". 4. The Council orders the vacation of the public utility easement between 18th Street and 19th Street and R Street and V Street, (more specifically described Exhibit "A" and illustrated in Exhibit "B ", which is attached hereto and incorporated herein), all in the City of Bakersfield, County of Kern, State of California. 5. The City Clerk shall certify to the passage of this resolution and shall cause a certified copy hereof, attested by the Clerk under the seal of the City, to be recorded in the Office of the County Recorder of the County of Kern, California. ---------- - - - - -000 --------------- C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \FB135D78- 7E28 -44B6 -9754- - 1 - 48669AEBE3A5 \PDFConvert.4058.1.R01I860 Final - Resolution.doc 11/18/15 CC A GENDA PACKET FAG 402 HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER ROBERTA GAFFORD, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield HARVEY L. HALL Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "A" Exhibit "B" C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \FB135D78- 7E28- 44B6 -9754- 48669AEBE3A5 \PDFConvert.4058.1.RO11860 Final Resolution.doc -2- 11/18/15 CC ACEN A PACKET FCC 403 EXHIBIT "A" That portion of Parcel 1 & 2 of Parcel Merger 10 -0528 evidenced by the certain Certificate of Compliance recorded September 1, 2011 as Document No. 0211114919 filed in the office of the Kern County Recorder, also being a portion of the East half of Section 30, Township 29 South, Range 28 East, Mount Diablo Base and Meridian, in the City of Bakersfield, County of Kern, State of California, more particularly described as follows: The 33 -foot wide and 20 -foot wide easement within said Parcel 1 & 2 of said Parcel Merger as reserved with a Resolution recorded April 23, 1947 in Book 1341 at Page 264 of Official Record, to which vacated an alley within said parcels. Containing approximately 8300.7 square feet. End of Description sAstreet vacations \mill creek village \exhibit a legal description.doc 11/18/15 CC A GENDA PACKET FAG 404 z w o �- � U W cD UO W W J � V Lli Q N > 31 >>b co w m m I W `n w ca ►-- q_ d Q co cn .�0 O, O` O� d 11/18/15 CC A GENDA PACKET FAG 405