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02/15/17 CC AGENDA PACKET
Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 3:30 PM REGULAR MEETING - 3:30 PM 1. ROLL CALL 2. PUBLIC STATEMENTS 3. WORKSHOPS 4. CLOSED SESSION a. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(1) (two matters). 5. CLOSED SESSION ACTION 6. ADJOURNMENT 02115117 CC AGENDA PACKET PG 1 ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Closed Session 4. a. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 2/2/2017 111-11 N 03 SUBJECT: Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(1) (two matters). STAFF RECOMMENDATION: BACKGROUND: 02115117 CC AGENDA PACKET PG 2 BAKERSFIELD CITY COUNCIL AGENDA MEETING OF FEBRUARY 15, 2017 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 5:15 PM REGULAR MEETING - 5:15 PM 1. ROLL CALL 2. INVOCATION by Pastor Tony Kim, Renaissance Bakersfield. 3. PLEDGE OF ALLEGIANCE by Emily Frank, 10th grade student at Bakersfield High School. 4. PRESENTATIONS a. Presentation of a Proclamation by Mayor Goh toKristy Oropeza, Heidi Carter Escudero, and Bakersfield Fire Department Chief Doug Greener declaring February, 2017, Safely Surrendered Baby Awareness Month. 5. PUBLIC STATEMENTS a. Written material submitted during Public Statements portion of the meeting. 6. WORKSHOPS Ward 4 a. Events at Bright House Networks Amphitheatre. City staff recommends that on event nights a portion of The Park at Riverwalk (see map) be closed to the public beginning three hours before the advertised start time of the show. 7. APPOINTMENTS 8. CONSENT CALENDAR Staff recommends adoption of Consent Calendar items. Minutes: a. Approval of minutes of the January 25, 2017, Special and Regular City Council Meetings and the January 31, 2017 Special City Council Meeting. Payments: b. Receive and file department payments from January 13, 2017 02115117 CC AGENDA PACKET PG 3 to February 2, 2017, in the amount of $23,513,446.01, Self- Insurance payments from January 13, 2017 to February 2, 2017, in the amount of $520,643.66, totaling $24,034,089.67. Ordinances: C. First reading of Ordinance amending Chapter 8.16 of the Bakersfield Municipal Code relating to Ice Cream Vendors. Ward 7 d. First reading of an ordinance amending Bakersfield Municipal Code Section 1.12.070 by adding Annexation No. 661 consisting of 1.81 acres located along the north side of Ming Avenue, east and west of Baldwin Road and Annexation No. 665 consisting of 22.06 acres located along the south side of Taft Highway, generally east of Compagnoni Street to Ward 7. Ward(s) 4, 7 e. Adoption of ordinance amending Bakersfield Municipal Code Sections 1.12.040 and 1.12.070 by adding Annexation No. 651 consisting of 31.78 acres located along the south side of Seventh Standard Road, generally east of Allen Road to Ward 4 and Annexation No. 662 consisting of 4.96 acres located at the northwest corner of Castro Lane and Kingsley Lane to Ward 7. (FR 01125117) Ward I f. Adoption of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from A (Agriculture) to C-2 (Regional Commercial) and R-3 (High Density Residential) on 13.5 acres located at the southwest corner of Hosking Avenue and South Union Avenue (ZC # 16-0128; Porter & Associates, representing Floyd G. & Loretta M. Hinesley). (FR 01125117) Ward 4 9. Adoption of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from C-1 (Neighborhood Commercial) and R-1 (One Family Dwelling) to P.U.D. (Planned Unit Development) zone district on 17.78 acres located at the northeast corner of Old Farm Road and Noriega Road. (ZC # 16-0264; McIntosh & Associates, representing Kern Land Partners, LLC). (FR 01125117) Resolutions: Ward 5 h. Dispense with normal bidding procedures for repairs of a segment of the Westside Parkway: 1. Resolution dispensing with bidding procedures due to emergency repairs required for a short section of the inside eastbound lane and inside shoulder of the Westside Parkway, located between the Calloway Drive on-ramp and the Coffee Road off-ramp, and authorizing work to remedy the drainage repairs, not to exceed 02115117 CC AGENDA PACKET PG 4 $240,000. 2. Transfer $240,000 of savings from the PG&E Tower Relocation on the Westside Parkway Project to fund said emergency repairs within the Gas Tax Fund. Ward 6 i. Disposal of Real Property: 1. Resolution declaring real property at 3900 White Lane as surplus to the needs of the City and authorizing the Finance Director to negotiate its sale. 2. Agreement with Raeleen J. Boykin, Executrix of the Estate Guy H. Wilkins to purchase said property for $50,000. Ward 6 j. Amendment No. 1 to Resolution No. 054-15 to include additional major parts and equipment to original resolution which determined that the purchase of four Vaughan Chopper Pumps required for the Wastewater Treatment Plant No. 3 digester mixing system cannot be reasonably obtained through the usual bidding procedures and authorizing the finance director to dispense with bidding therefor, revised not to exceed amount of $315,000. Agreements: Ward I k. Mount Vernon Green Waste Facility Operations: 1. Approve Agreement with K & I Services ($300,000) for hauling wood chips from the Mount Vernon Green Waste Facility. 2. Appropriate $300,000 Refuse Fund balance to the Refuse Fund Operating Budget for green waste hauling services. Amendment No. 2 to Agreement No. 15-130 with A-C Electric Company ($208,176; revised not to exceed $598,176) for electrical services for the conveyor system project at the Mount Vernon Green Waste Recycling Facility. Ward(s) 2, 3 M. Amendment No. 2 to Agreement No. 14-069 with TYLin International ($1,586,163; revised not to exceed $5,076,163; funded with 88.53% Federal Funds and 11.47% Gas Tax Funds) for Engineering Design Services for the 24th Street Improvements Project. (TRIP) Ward 6 n. Amendment No. 2 to Agreement No. 14-078 with RRM Design Group ($27,900; revised not to exceed $590,322.50 and extend term one year) for design services of the Bakersfield Sports Village Phase 3. 0. Amendment No. 2 to Agreement No. 15-036 with San Joaquin Fence and Supply (extend term one year) for the continued supply of fencing. 02115117 CC AGENDA PACKET PG 5 P. Amendment No. 1 to Agreement No. 15-057 with Stinson Stationers, Inc. ($375,000 and extend term one year) for the continued supply of office supplies. q. Amendment No. 2 to Agreement No. 15-185 with Kern Sprinkler Landscaping Inc. (increase compensation $120,000) for the continued supply of on-call irrigation and landscape services. Ward(s) 3, 4 r. Rosedale Highway Widening Project (TRIP): 1. Contract Change Order Nos. 98 and 99 to Agreement No. 15-009 with Teichert Construction ($115,805.64; revised not to exceed $19,095,734.75; Change Orders funded with Gas Tax Funds) for construction of said project. 2. Transfer $116,000.00 savings from the PG&E Tower Relocation on Westside Parkway Project to the Rosedale Highway Widening project to fund change orders. Property Acquisition Agreements -TRIP: Ward 2 S. Accept bid and approve contract with Interior Demolition, Inc. ($194,000) for Demolition of Improvements at 100 Dunlap Street, 101 Dunlap Street, 104 Dunlap Street, 108 Dunlap Street, 136 Dunlap Street, 5091 Easton Drive, 4304 Joseph Drive, 3201 Mona Way, 109 Morrison Street and 4504 Woodlake Drive - Phase 17 for the Centennial Corridor Project. (TRIP) L__ Ward I t. Reject bid for a Housing and Urban Development-Funded door project at the Martin Luther King Community Center. U. Accept bid and approve contract to Pavement Recycling System, Incorporated (not to exceed $468,500) for an annual contract for cold planing services. V. Accept bid from Jim Burke Ford, Bakersfield ($72,783.28) for two replacement two wheel drive pickups with service bodies for use by the Public Works Department, General Services Division. Ward(s) 4, 5, 6, 7 W. Accept proposal and award contract to Zim Industries, Inc. dba Bakersfield Well and Pump Company (not to exceed $350,000) for on-call services for maintenance and repair of the City's agricultural and domestic water wells. Miscellaneous: X Appropriate $15,000.00 Federal Grant Revenues (2016 Sex 02115117 CC AGENDA PACKET PG 6 Offender Registration and Notification Act (SORNA) Reallocation funded through the Edward Byrne Memorial Competitive Grant Program of the U.S. Department of Justice) to the General Fund Police Operating Budget, to purchase equipment and provide training to enhance sex offender registration and notification processes. y. Distribution of $222,070 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: Z. Receive and file Successor Agency payments from January 13, 2017 to February 2, 2017 in the amount of $321,700.26. 9. CONSENT CALENDAR PUBLIC HEARINGS Staff recommends conducting Consent Calendar Public Hearing and approval of items. 10. HEARINGS a. Resolution making findings and updating the Capital Improvement Plan for the existing Metropolitan Bakersfield Habitat Conservation Plan. A finding that the project is exempt from CEQA will also be considered. (continued from the 01104117 meeting) Staff recommends adoption of resolution. Ward 7 b. Appeal by the "Neighbors for a Safe Valley Plaza" of the January 10, 2017 decision of the Board of Zoning Adjustment to approve a Conditional Use Permit to allow alcohol sales/consumption in a movie theater in a C-2 (Regional Commercial Zone) district, located at 2000 Wible Road. Staff recommends adopting a resolution approving Conditional Use Permit No. 16-0421, as recommended by Staff and subject to the listed conditions of approval in Exhibit A of the attached resolution. 11. REPORTS 12. DEFERRED BUSINESS 13. NEW BUSINESS 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT 02115117 CC AGENDA PACKET PG 7 ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Presentations 4. a. TO: Honorable Mayor and City Council FROM: Mayor Karen Goh DATE: 1/12/2017 111-11 V 03 SUBJECT: Presentation of a Proclamation by Mayor Goh to Kristy Oropeza, Heidi Carter Escudero, and Bakersfield Fire Department Chief Doug Greener declaring February, 2017, Safely Surrendered BabyAwareness Month. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description D Widftein Ir11ateirla. SdbirnMed Type Correspondence 02115117 CC AGENDA PACKET PG 8 l 4ECHVE AND,PL,ACIE ON, H '; MEHING January 27, 2017 FOR IMMEDIATE RELEASE February is Safely Surrendered Baby Awareness Month in Kern County (Bakersfield, CA) — On Tuesday, January 31St, the Kern County Board of Supervisors will proclaim the month of February as "Safely Surrendered Baby Awareness Month" during their 9:00 AM meeting. The Safely Surrendered Baby Coalition is planning a series of events throughout Kern County to bring attention to this important law. 57 babies have been safely surrendered in Kern County since we began tracking those babies in 2006. For most people, the birth of a child is a happy occasion celebrated with family and friends. But for some women, childbirth becomes a crisis - and the decisions made following an infant's birth can be a matter of life or death for the child. The Safely Surrendered Baby Law responds to the situation of newborn infant deaths due to abandonment in unsafe locations. First signed into law in January 2001, the Safely Surrendered Baby Law became permanent in January 2006. The law's intent is to save the lives of newborn infants at risk of abandonment by encouraging parents or persons with lawful custody to safely surrender the infant within 72 hours of birth, with no questions asked. The law exists so that these infants will not be harmed because the mother abandons them, or fails to provide them with care, sometimes leaving them to die. Join us in celebrating the men and women who make this law possible as we hold a press conference at Kern Medical, 1700 Mt. Vernon Avenue, on Thursday, February 2, 2017 at 11:00 a.m. Additionally, SSB Coalition members will be making presentations and receiving proclamations in several cities throughout Kern County during the month of February. Delano City Council will proclaim Safely Surrendered Baby Awareness month at their City Council meeting on Monday, February 6tH Shafter City Council will proclaim Safely Surrendered Baby Awareness month at their City Council meeting on Tuesday, February 7tH. Bakersfield City Council will proclaim Safely Surrendered Baby Awareness month at their City Council meeting on Wednesday, February 15tH Taft and Arvin will proclaim Safely Surrendered Baby Awareness month at their City Council meetings on Tuesday, February 21St Tel 661.631.6000 Fax 661.631.6631 TTY 800.735.2929 100 E. California Avenue P.O. Box 511 Bakersfield, CA 93302 .KCDHS.car fern County Dep&Tment cf Human Services is are equal opportunity Employer. 02115117 CC A EN A PACKET FAG 9 Page 2 McFarland City Council will proclaim Safely Surrendered Baby Awareness month at their City Council meeting on Thursday, February 23rd Additional presentations will be made at community collaborative meetings throughout Kern County. A complete list of presentation times and location can be found at pwww.co- kern.cs.us. The Safely Surrendered Baby Coalition leads the effort of educating Kern County residents about this law. This group, led by the Kern County Department of Human Services, is comprised of dedicated individuals representing a long list of departments, non - profits, hospitals, and stakeholders. We hope that you can assist us again this year in our efforts to educate our community about this important option for any woman and her baby in a crisis. Don't abandon your baby. Safely surrender your baby into the hands of any fire station or emergency room personnel. It's safe, legal, and no one has to know. For media arrangements, please contact Heidi Carter - Escudero at (661) 633 -7104. Tel 661.631.6000 Fax 661.631.6631 TY 600.735.2929 100 E. California Avenue P.O. Box 511 Bakersfieid,CA93302 wwwXCQHS,0r Kern CCL�¢ r IDe artanent of l kim an Services is an egUal ogportunit.y emplover, 02115117 CC AGENDA PACKET PG 10 A n no shame. no blame. no names. Sunday Monday Tuesday Wednesday Thursday Friday Saturday 4 3 Sde SUITerider 2, ress "01 Ken'i CounN K()Inmcdc I Bowd of Supervisors clrr nnt//VvCn Nodarnafion Co[bborrlWo 5 6 7 8 9 10 11 S` xlffi"'i COY C'-)l 341h Si cef Gfoenfc Id C',r)Ilabotafivo Coliabcxativo Dcono O9y ("'ou, ic i DE I(XK) C0110b<N0fiVC' - ---------- 12 13 14 Shcll�e� 15 KCINC 16 17 18 Ccflksbo ahve (""oiirlbor),a'iVe Bakolsfioial ( ' Ify 19 20 21 22 23 2 25 fo� ! C'!'Y Cou, I(": PRE* l r:)F-N7'S' Aviii Cilly Cnui ,"A Vic ca kji 1d Sout� C� i � �(-)stef C�ty Council DAY abc)raf ive 26 27 28 BI,Oc.nwlllow Los'[ Bak(m,',field C'ollaborcffive, Collabuofiv(," January 31', 9;00 o-rn Kern County Board of Supervisors, Proclamation 1115 Truxtun Ave, Bakersfield, CA 93301 February 2"', 11;000,m, Press Conference Kern Medical 1700 Mt, Vernon Ave, Bakersfield February 2"", 10:00 0, rn. Lamont /Arvin Collaborative Meeting Location TBA February 6 ", 5:30 p, rn, Delano City Council, Proclamation 1015 Eleventh Ave, Delano, CA 93216 Fe&uory 7", 9, 00 crrn. Delano Collaborative Meeting 1842 Norwalk, Delano, CA 93215 February 7", 7:00 o, m Shaffer City Council, Proclamation 336 Pacific Ave, Shaffer, CA 93263 February 8", 9:00 O-rn 34th Street Collaborative Meeting 500 W. Columbus St, Bakersfield, CA 93301 February 9", 9:00 o.rn, Greenfield Collaborative Meeting 5400 Monitor St Bakersfield, CA 93307 (Greenfield Family Resource Center) February 15", 9:00 arr). Shaffer Collaborative Meeting 331 Shaffer, CA 93263 (Inside Shatter Police Deportment) into the'� 'k Ui Q February 15"', 5:00 p, I-n, Bakersfield City Council, Proclamation 1501 Truxtun Ave, Bakersfield, CA 93301 February 16'' 8;00 o.ry) KCNC Collaborative Meeting 2000 K Street, Bakersfield, CA February 21" 6:00 P'Mr Arvin City Council, Proclamation 200 Campus Dr, Arvin, CA 93203 February 21 ' 6,,00 p, rn, Taft City Council, Proclamation 209 E. Kern St, Taft, CA 93268 February 21" , 1;00 p, rn. South Chester Collaborative Meeting 800 Ming Ave, Bakersfield, CA 933071Comer of Ming and PStieel, mfoss from Wayside School) February 23", 6:00 p, rn, McFarland City Council, Proclamation 103 West Sherwood Ave, McFarland, CA 93250 February 1:30pxn, Buttonwillow Collaborative Meeting 42600 Hwy 58, Buttonwillow, CA 93206 (Buttonwillow School, check in the office) February 28"', 9:00 a.rn, East Bakersfield Collaborative Meeting Boys and Girls Club 801 Niles St, Bakersfield, CA 93305 02115117 CC AGENDA PACKET PG 11 1� V h O r O }_ .0 h �- 0 0 0) O O U U - h O O ® p O O Q H h 0 0 0 0 0. V �_ C Q � Y 0.0 C 0. �- } O •O O- p Q1 Q V O O �_ •- } y O O O 3 L O O O `' ®.0 0.2: _O O h 0 ® a h 0.0 a 0) H H ll' %% ,SO 02115117 CC AGENDA PACKET PG 12 0 14 0.2h bt ho MOO 71 ca 0 yNy M` .... . . .... . . . . . . . LL 3: EO m V) —C 4- .Z vz 0 1:2 = P Jf • AE 1�CD Non Purpose To protect babies from being hurt or killed because they were abandoned. O"k 02115117 CC A EN A PACKET FAG 1 /- Safe s S ij r re nder. r The SSB law allows a parent of a newborn, who is unable to care for their baby, to safely surrender the O�Oy baby to any fire station or hospital emergency room, c �' within three days of the child's birth.... without prosecution. f 1 fT Confidenthality If the parent /legal guardian safely surrenders their baby to a hospital or fire department within the first 72 hours of the baby's life, they will have immunity from criminal prosecution for abandonment and neglect, (provided there are no signs of abuse — CW S Policy) The parent or guardian who safely surrenders a hahv does nol have to give his her name, thus guaranteeing confidenoaliiv. If the baby shows visible signs of abuse or neglect, information may be requested of the parent or person surrendering the baby. Safe Surrender Sites In kern County, The Board of Supervisors has expanded the sites to include: -Hospital Emergency Rooms -City or County Fire Departments 2 02115117 CC A EN A PACKET FAG 15 • Once the baby has been surrendered, the person receiving the child shall have a coded, confidential ankle bracelet placed on the infant. • An effort shall be made to provide the surrendering person with a replica bracelet and a medical questionnaire, which is voluntary. OWIP 1'11v' I I The personnel receiving the surrendered child shall make a good faith j effort to provide to the parent or other individual surrendering the child with a medical information questionnaire ,a The questionnaire may be Ili -Declined -Voluntarily filled out and returned at the time the child is surrendered -or later filled out and mailed in the envelope provided for this purpose. F Hospitals and Fir Departments • The hospital or fire department taking physical custody of the baby must conduct a medical examination and provide any needed medical care. The baby will be placed in a pre- adoptive home. 3 02115117 CC A EN A PACKET FAG 1 yy'hat happens to time baby after he/she is surrendered? • The law allows for a 14 -day "cooling off' period for the person surrendering the baby. The 14 -day period begins on the day the baby is surrendered. p� %/ During this time, the person who surrendered the infant may seek to reclaim the baby. IS • If the child is still in the custody of the Safe Surrender Site when the P parent attempts to reclaim the child, the personnel of the safe - surrender site shall either return the child to the parent or individual or contact a child protective agency • a Reclaiming the balby Iran attempt to reclaim a baby is made, the CWS agency would ;`. follow existing procedures and protocols in effect prior to releasing %/ the child to an abandoning parent. Including. - Verifying the person's identity, - Conducting an assessment of the person's circumstances and i kflyg ability to parent, - Request thejuvenile court dismiss the petition for dependency - Order the release of the child unless there is a reasonable cause to believe that such action would place the child at risk of abuse or neglect - After the 14 -day period in which a parent may reclaim the child, there will be no further consideration to allow a parent to visit the child or see the child after that date 9F If the baby its riot r -ec airn ed •Ifthe baby is not reclaimed, the dependency process continues. -The baby becomes a dependent of the court and enters the foster care system, with adoption as the goal. ■ 0 _2111.x/17 CC AGENDA PACKET FAG 17 Sak,Suil-render vs. Abandonment, and Volunta Relinquisliment What's the difference? - Safe Surrender • Under 72 hours of age AND surrendered at a hospital, fire station OR delivered at a hospital and mother clearly indicates that she is aware of the SSB Law and wishes to surrender her baby under the law. IlUwi�� F Contact 1111,6 iii in atio ,,,, l ary rf"a tK'�� -Penal Code Section 271.5 -Senate Bill 139 -Senate Bill 1368 •C WS - 24 hour hotline- (661) 631 -6011 •Questions, Call 211 or 1- 877 - BABYSAF (222 -9723) 02115117 CCAGENDA PACKETPG 18 �4 y o a M m a, o 10, it F., O � a �"i 0O+ � � � �_ � CC C�..i • � � C� ii Fr �N bp�Ny w CC iy d 0 F"+ m In. 0 N G CC m c. m O S.' �' O O ;—� m ... Qe 0 O U� O2 ~ ^o Q O U m m In C) �"I O 2 �o U �Z c d' U' 1' m> mm �o O� Um 0 02115117 CC AGENDA PACKET PG 19 GV O O �4 y o a M m a, o 10, it F., O � a �"i 0O+ � � � �_ � CC C�..i • � � C� ii Fr �N bp�Ny w CC iy d 0 F"+ m In. 0 N G CC m c. m O S.' �' O O ;—� m ... 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(D Qj ca. (D 02115117 CC AGENDA PACKET PG 20 ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Public Statements 5. a. TO: Honorable Mayor and City Council FROM: Pamela McCarthy, City Clerk DATE: 2/21/2017 111-11 V 03 SUBJECT: Written material submitted during Public Statements portion of the meeting. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description D DOUgbs h b ird D DUSdin R6fich D Bidain McCairly Type Correspondence Correspondence Correspondence 02115117 CC AGENDA PACKET PG 21 Letter of PUBLIC NOTICE Notice Of Violations of the City Encroachment Codes ]an25^2O17 To:: City of Bakersfield � AIM��� ����, � _ - ~°~ ��~_ ��������� `7 PLEASE TAKE NOTICE Franco Faustino at 110 Augusta St Bakersfield Ca 93307 is in violation(s) are listed as follows: Violation #1:12.20.010 Encroachment � It is unlawful for any person, firm or corporation to pIace erect or maintain, or10 permit the placing erection, maintenance or existence any encroachment as defined in Section 12.20.010 as upon over or under any street, avenue, lane alley, sidewalk, court, place pubic way, property , or rights-of way now open or dedicated or which may hereafter be opened or dedicated to public use within the city ,without a permit from the city engineer granted os provided in the chapter . Violation #2:17.08.175 Clear sight view. On all lot butting an alley nr driveway, no obstruction tosightvievxshaUbepermitted within the triangular area formed by the alley or driveway edge and edge of the sidewalk closest to the interior property line, or the street right-of-way line in the absence of a sidewalk, and line connecting them at points ten feet from their intersection point. Section 7.05 SIGHT DISTANCE LINES, FENCES. WALLS AND HEDGE. A. Sight triangle at intersections of two public streets. On any corner lot, a triangle formed by measuring for the point of intersection of the front and exterior side lot lines distance of 25 feet along said lot lines and connecting the points so established to from o sigh1tring|e on the area of the lot adjacent to the street intersection. B. Sight tringle at the intersection of a public street and a private access way. Except at for single family residential access ways the sight triangle shall have sides of fifteen(15) feet along the access way and twenty-five feet (25) feet along the public street. Violation 17.08.180 Fence, walls and hedges B. In R-1,11-2,113 and R-4 zones, no fence /wall or hedge located in the front yard shall exceed a height offour feet except inthe following situation sin which such fence or wall may behigher but shall not exceed a height of six feet, Douglas J. Howard 661-444-1416 02115117 CC AGENDA PACKET PG 22 RECF,,IVE AND PLA,"E' ON C Dustin Reilich v,mor Uire;aor o4 M... i,opal 02115117 CC AGENDA PACKET PG 23 Mi 949-237-0965 E: dreitich@heroprograt-n.coni 855 -HERO- 411':•'36 64 1) heroprogra m com 01hero- 442 Post Street, Suite 800 San Francisco, CA 94102 02115117 CC AGENDA PACKET PG 23 PAUL HERRERA, GOVERNMENT AFFAIRS DIRECTOR �j IVAR/ HERO Program Pledge Cooperation to Address Concerns Dear Members: In June of this year, the Inland Valley Association of Realtors (IVAR) suspended its opposition to PACE Programs and agreed to enter into a statement of mutual cooperation between it, the Western Riverside Council of Governments (WRCOG), and Renovate America's HERO program. The intent of this resolution is to set a framework in place for mutual cooperation on a continuing basis to ensure that Property Assessed Clean Energy (PACE) assessments and programs are functioning smoothly at the time of sale and refinancing and that homeowners' interests are protected at all stages of the process. The parties agreed to focus on the following topics: 1. PACE industry standards, including consumer disclosures 2. Transferability of PACE assessments 3. Regulatory oversight 4. Property appraisal and value 5. Real estate industry and homeowner understanding of the sale and marketing of PACE properties A Working Group was established to seek consensus on how to properly and specifically address the five points outlined above. In the meantime, all parties remain interested in hearing about issues related to these programs and seek to help resolve specific situations where possible. REALTORS" in transactions who need assistance with a HERO program - related issue can contact Renovate America directly by calling 1- 855 -225 -HERO (4376) or on the web at cem @heroprogram.com. If you have any questions or concerns related to this issue, please feel free to contact me directly at 951 - 500 -1222 or at pherrera @ivaor.com. Thank you, Paul Herrera Government Affairs Director INLAND VALLEYS REALTOR° 02115117 CC AGENDA PACkE% F 6 24 2006 W. Magnolia Blvd., Burbank, CA 91506 1 818.845.7644 io lirbrn�:. °e i September 13, 2016 Dear Fellow Realtor° Association's, My name is Adriana Contreras and I am the Membership Manager for The Burbank Association of Realtors® in Burbank California. I strongly suggest that you book a "HERO WORKSHOP" with Tracy Tate for your members just like we did. This is our second workshop with Tracy and once again she amazed us with her fun and interactive workshop for our members. Tracy has a fantastic upbeat personality and has great knowledge about the HERO Program. Our members continue to talk about how happy that they were that they attended her workshop. Many had no idea about HERO or how the program works. But after attending her workshop, they feel empowered, well- educated and feel they are ready to work with a Hero homeowner and buyer. We will definitely have Tracy back again. She is wonderful to work with and is so happy to help in any way that she can in regards to the HERO program. Adriana Contreras BAOR Membership Manager 02115117 CC A EN A PACKET FAG 25 Letter ofEndorsement: My name is Joey Vargas and | am the Education and Events coordinator for Citrus Valley Association of KEALTORSm. Recently we have offered a workshop training at1of3of our locations. I have not heard anything but positive words from many of our members who attended the HERO workshop in regards to all the information they have learned. Our members now feel educated and have a better understanding of what HERO is all about. The workshop they provided had all of the correct information in regards to P.A.C.E. financing and it was full of great resources and tools for our members. Their Community Engagement Team has tons of knowledge regarding "HERO" the information they provide definitely assist the agents to feel more confident about working with "HERO" listings or buyers of HERO homes. They are a wonderful group to work with. I will be having them back to instruct at our other 2 locations, the information is definitely a benefit for our members. V�n ~` ^' 02/15117CCAGENDA PACKET PG 26 Joey Vargas & F-vent,0��i�� ~ G'auvAICVA�100,1i^nmRFIAD FOR 50m[,x1,111,��^'11'11dON,CA 91 -40 REALT(JKy uIfi�r V�n ~` ^' 02/15117CCAGENDA PACKET PG 26 j A L AAWIk 55896 Santa Fe Trail, Yucca Valley, California 92284 • (760) 365-1145 • FAX (866)446-4575 Email: eo@jtgar.com • Web: www.jtgar.com Member: National Association of REALTORS"/California Association of REALTORS" October 17, 2016 My name is Jody Rich -Ramirez, and I am the executive officer of Joshua Tree Gateway Association of REALTORS' in Yucca Valley, California. We recently had our second HERO Program workshop and I would encourage other associations to book one as well. Our members have been very verbal about how pleased they were to have attended the workshop. Many of our members were a bit confused about HERO, PACE financing and how the whole program works. Those who attended now feel much more comfortable working with a listing where HERO is involved, or with assisting buyers in the purchase of a HERO home. We had several members attend both workshops, and heard very positive feedback that the instructor provided clear, comprehensive updates about changes to the program. The information provided by the HERO Workshop has been of definite value to our membership, we will absolutely be open to booking another in the future. Sincerely, Jody Rich -Ramirez Executive Officer Joshua Tree Gateway Association of REALTORS® M Dear Tracy, I would like to invite you to participate on our High Desert Association of Realtors-2017 Government Relations Committee. Your background in educating the real estate industry on current market trends, like the PACE/HERO program which cares about our environment, I believe would be beneficial to this committee. A few of our general & specific objections are to: 1. Increase member awareness of the current and future impact of air, water, pollution, trash, hazardous waste and environmental issues on the real estate community. 2. Evaluate the current and future impact of environmental issues on organized real estate activities in the Victor Valley area. 3. Participate in State, County and Local elective process that supports the Association REALTORS portion. We hope you can join us next year! Best, Catherine Haney 2016 Government Relations Chairman Home improvement is personal for horeowners. More than anything, they want clear terms and high standards from the start We've develoced safeguards that provide the sense of clarity and security that property owners need to feel confident about starting and completing their HERO project. l I �"..,� 4,..�,.yi Q Y 4 t r•k d, F r A (7. (; ,d V H e i n4.d „C (.0y We Fwork only with contractors who have agreed hot to be Enid _;ntii the homeowner has signed off that the project has been completed to their satisfaction. If the homeowner isn't satisfied, we're not satisfied. j..very(Di'Fc, t"fta -r. ^s to fheI�ttjr,�;tf. �very contractor registered with HERO has agreed to follow our guidelinr�es, which includes our industry leading consumer safeguards that help protect homeowners and contractors tnrouahout their projects. Procii.icts on [,Vary ,gyp, k..a Prc7ducts installed in a HERO project are required to meet local, state or federal efficiency or performance standards. We speak directly with homeowners by phone to check on the project plan and explain how PACE financing works before they receive financing documents to sign. P lc.,,,tr tl sr'lc. « „l ai r sl We slow the costs and terms in a simple, clear form modeled after the "Know Before You Owe” form hornebuyers see when they purchase a house, C t rl J awl t e a r JnJke manv other financing options, we help homeowners and contractors resolve disputes and can help with the HERO related auestions when the home is refinanced or sold. yr. nlc')s Sa h,,. j.. utt� i ils We take extra steps with seniors 65+ and, at their request, help guide them through they process at a U;r't lr,ilc;; rc7,. Our impact on local econornies and the environment is addina uo —and this is lust the beginning. s. r.i r (.-)iiorriic stir'ru,Ius IErE;r;f lclb � r..ret tc('J 1 3 5 B I& III, h, Ih tt,, , !pf'9t ,3 .5 9 1A Iii ll I i ouln„I r,inr:✓s orrs Based on estimated savings over useful ife of oroducts installed 02115117 CC AGENDA PACKET FAG 28 °op Rated. . u~ty Ul��ite%lrated . ]F�I ,Q}(,: s t���arc� ii, i 1"3Qr1(JS With the hc(po/ global investors, HER[} uses private capital todrive oubhcgood through Green Bonds—which are fully aligned with |[MA Green Bond Principles and have received Sustainai\tics second-parry opinions. in 2016' Renovate America was second only to Toyota in the volume of Green U.S. Asset-Backed Securities (ABS) bonds issued. the Year by FU|[y |r'�tegratedTp[hmOiogy PlatfOrrn Renovate America has created the PACE industry's first technology platform that gives stakeholders access to the infornnahon they need in real tir-ne, Homeowner ^ Complete online application with same-day appnzvab. ` Find experienced, local contractors for every type of PACE project, ~ Track project status and view financial documents. Contractor • Interactive tools including estimating caku[atoo and job tracking dashboards > • 3tep-by-step guidance and marketing resource center --__- ~ �~ ---- MINNOW • Accessible financing documents ~ W111111140° Issuing Partners ^ Customized portal enables simple program administration with less time and few resources, 02/15117CCAGENDA PACKET PG 29 � � � ���� . �����������nn��Ui�i g s With, ("iF �eri�A/0rkS����i�� When it comes io commercial properties, wewant to bring the caliper o/ service and depth ofexperience expected from HER(].|odo that, we've partnered with the most experienced commercial PACE team in the country to bring comprehensive coverage for commercial projects. r,,�EW A[qWiSitiOn ofCakeSuSterM5 CakeSysterns, the leading software provider for home energy rnodeUng, will further enhance Renovate America's platform with its building energy performance and energy savings estimation too(s. CloVernrMent�����rt Dedicated market development representaUves are assigned to every local government to provide education and continued support and to help respond to constituent inquiries. Re�-[ ESt�te Supq)()r1 HERO Property Advisors are dedicated to helping real estate professionals, lenders and property owners during the buying, selling n//ehnancmgo/ocess [��tr�CtOrTraiD'�rig arit"] �Qp":)Qrt Contractor Account Managers provide contractors with toots to help them create a seamless experience for the property owners. Working Capital Solutions Contractors may be eligible for resources to held streamline processes with distributors and low-interest capital to help their businesses grow. Program Training All contractors receive an on-site orientation as well as access to HLRO Pro training modules with information on the consunoersafeguards around HERO. Marketing Toots VVeonzvideawide range nf marketing materials for cnntoctors who are partcf Renovate America's network. Compliance Requirement Everyconi/acio/who works with HERD is required to comp<yw/th industry standards and our code ofconduct. Visit formoneinforrnabon hnvv �enovat�Arneric�iairni',)r(:winq horneinoprovernent A ��c^'����'../ ��E��Om�AT ���rIE�U��/� 02/15117CCAGENDA PACKET PG 30 Al, Contact: Ellen Qualls, Renovate America (858) 605-3985 Property Assessed Clean Energy Begins 2017 With New Standards in Place As key California disclosure law takes effect and U.S. Department of Energy best practices become industry norm, leading residential PACE provider launches new contractor management system SAN DIEGO, Jan. 10 — Residential Property Assessed Clean Energy (PACE) financing — a California home-improvement innovation that has become one of the fastest-growing forms of financing in America — is starting 2017 with robust consumer protections as the industry norm, including some which go well beyond any other form of consumer financing and actually will raise the bar for how homeowners experience home improvement. "Over the past year, we've seen tremendous leadership at the federal and state level, working with PACE providers to outline consumer safeguards and new, simple, and comprehensive disclosures," said Ari Matusiak, EVP of Market Development and External Affairs at Renovate America, the nation's leading residential PACE provider. "At Renovate America, we are putting the homeowner at the center of everything we do, and we will continue to work with consumer groups, local communities, industry colleagues, and state and federal regulators to improve PACE and consumers' experience with home improvement overall." Residential PACE financing expands homeowners' access to financing for energy efficiency, renewable energy and water efficiency improvements, which can increase the value, comfort, functionality, and sustainability of their homes. With PACE financing, property owners make energy- and water-saving and renewable energy improvements and pay for them over time via an additional line item on their property tax bills. PACE helps owners save money on their utility bills by improving access to clean-energy technologies, and PACE supports local economic growth in part by creating jobs that cannot be offshored or automated. Greenhouse gas emissions abatement also helps communities meet carbon-reduction goals. To date, more than 130,000 home energy and efficiency improvements worth more than $3.3 billion have been made possible through residential PACE financing across the country. These upgrades are saving homeowners billions of dollars on their utility bills, avoiding millions of tons of greenhouse-gas emissions, and have " t, ' cat ' (I _' a " r " i " es " flina� "" ed =1_3 A ) 5, according to industry trade group PACENation. , 02115117 CC AGENDA PACKET PG 31 RENOVATE A f I C',/ Described by The Wall Street Journal as most likely "the fastest-growing type of financing in the U.S.," PACE is helping both homeowners with high credit scores and those who need access to other financial options to improve their homes. And the underwriting standards on PACE financing are robust: the Journal, citing Kroll Bond Rating Agency, Inc., says defaults on PACE bond deals overall are below I percent. There have been zero foreclosures initiated by PACE providers, and the alif'ornia loall Jol�ssa-serYe — a state pool set up for the PACE industry — has never been tapped. Renovate America's PACE offering, the has a 98.7 percent on-time repayment rate, and the bank-initiated foreclosure rate on HERO homes is slightly below the California state average. PACE CONSUMER PROTECTION POLICIES ADOPTED The Journal notes that Renovate America "has spent the last several months working with consumer groups and regulators to come up with national lending standards for PACE." PACE providers have put in place stringent consumer protection policies that were sujrnrna6zedJ1y (. I ENation and released in 2016. The HERO Program goes even further than the PACENation industry-wide standards, which include: • Eligibility Requirements: Homeowners must be current on their property taxes and all mortgage debt, and must have at least 10 percent equity in their homes in order to qualify for PACE financing. The combined amount of any annual property taxes and assessments cannot exceed 5 percent of the property's fair market value (FMV) at the time the PACE financing is approved. Finally, the total mortgage debt on the property plus the PACE financing must not exceed the property's FMV. • Live Confirmation of Term Calls: Providers must confirm terms of financing by telephone in a live, recorded call before documents are signed for new contractors, as well as for contractors who have some record of complaints, and for homeowners over age 64. HERO goes well beyond this, with live, recorded Confirm Terms calls for 100% of projects. • Senior Care: Each PACE provider must have protocols to help ensure that all homeowners aged 64 or older understand finance terms and project specifications. • Payment Only Upon Completion: Homeowners must sign off that the work has been done to their satisfaction before contractors keep the funding. • Verified Contractors: All contractors who make PACE-financed improvements must have an active license and be in good standing with relevant state licensing boards — as well as maintain insurance and an ability to meet bonding requirements. Contractors are also required to complete training courses and follow a code of conduct. 02115117 CC AGENDA PACKET PG 32 OVATE '`' r /1 I C/ • Only Efficient Products: All improvements financed by PACE must be affixed to the home and rated as efficient by the Department of Energy, the Environmental Protection Agency, or a stringent third -party standard. • Post - Funding Homeowner Support: When there are homeowner complaints, PACE providers must track and investigate them, and proactively work with contractors to resolve them. The support HERO offers does not exist at this level far any other farm of consumer lending, with staff making site visits to homes when needed, and completing extensive, in -depth casework to help reach resolution between homeowners and contractors. • Selling and refinancing support: When homeowners with PACE assessments sell or refinance, PACE providers are expected to provide support to the real estate industry professionals handling the transactions. KNOW BEFORE YOU OWE -STYLE DISCLOSURE LAW TAKES EFFECT Renovate America is among the PACE industry leaders who according to The Wall Street Journal are taking steps "to strengthen underwriting practices, make loan documents more transparent and boost contractor oversight." Just as it was the first to offer "confirm terms" calls to 100 percent of its customers, Renovate America also was the first PACE provider to model its written disclosures to customers after the federal rm %Ar Bef0 r - mi 01v „nwril i � ac Fig u P eWi� wu The disclosure forms provide an easy way for consumers to see the total principal, interest, and fees they will pay over the life of their PACE assessments. Renovate America worked with California legislators on a law that mandated specific data points be in written disclosures for all PACE providers in the state, and its HERO Program rolled out the latest disclosures nationwide shortly after Gov. Jerry Brown signed the measure into law in September 2016. The law took effect in California on January 1, 2017. RENOVATE AMERICA TAKES CONTRACTOR MANAGEMENT TO NEW LEVEL Renovate America is going well beyond meeting requirements in the PACENation standards for a contractor management system by building new data and analytical tools and protocols. While the vast majority of HERO homeowners are satisfied with their contractors — in surveys completed after the project is complete, more than 93 percent of HERO customers say they would recommend their contractor — better data are now driving a better process. 02115117 CC AGENDA PACKET FAG 33 The new system aims to detect patterns and mitigate egregious instances in contractor business practices that violate program standards or laws. Such cases will be investigated by the company's compliance team, which has 250 years of combined prior law enforcement experience and was commended by the FBI for helping put a fraudulent telemarketer in prison in 2015. The contractors are subject to due process, which facilitates a fair and transparent approach to resolving homeowner complaints. As part of due process, contractors may be required to complete re- training and they can be suspended and/or permanently removed from the program. Where appropriate, matters may be escalated to state or law enforcement authorities. "Unlike other financing options, we really have a unique platform connecting financing, homeowners, and contractors," said Matusiak. "And we realized we could take an almost- Moneyball approach to leverage data in a much more transformational way — really improving the home improvement marketplace for our consumers, and driving more business to the best contractors." DEPARTMENT OF ENERGY BEST PRACTICES ISSUED Renovate America and other leading PACE providers helped inform and are now aligning with be 11E,1_..:t ces for the i,esidentia l wPACE Jpdt;msay that were issued by the U.S. Department of Energy (DOE) in November 2016. Renovate America's HERO Program already fully meets many of the DOE guidelines, and the company is working to align its program practices with the guidelines going forward. About Renovate America Renovate America has built a tech - enabled market platform for home improvement and commercial retrofits, and partners with state and local governments to offer communities the HERO Program. HERO is the leading residential Property Assessed Clean. Energy program in the U.S. and has financed more than $2 billion of home improvements. HERO is on track to save its customers nearly $3.5 billion in energy and water bills, and has created over 17,500 clean- energy jobs. This unique public - private partnership offers consumers access to financing for more than 60 types of products that reduce energy and water consumption, without the need for government funding. The HERO Program has received a number of recognitions including a Climate Leadership Certificate for Innovative Partnerships by the U.S. Environmental Protection Agency, inclusion in the 2016 White House Water Summit, the Governor's Environmental and Economic Leadership Award in California, and the Urban Land Institute Best of the Best. Renovate America has the world's first green bond platform, with a volume of originations that enables securitization of HERO PACE bonds multiple times a year, attracting international investment to meet U.S. clean energy objectives. 02115117 CC AGENDA PACKET FAG 3 �e 0, k� I ER('. Fli iu,��cfir) �"�m �gir inI I� I II�m���������lon P: (855) HERO -411 F: (858) 815 -6860 E: info @heroprogram.com A: 15073 Avenue of Science San Diego, CA 92128 The Western Riverside Council of Governments (the "Authority ") HERO Program (the "Program's finances installation of renewable energy, or energy or water efficiency products, or electric vehicle charging infrastructure that are permanently fixed to a property owner's real property ( "Eligible Products'. Eligible Products will be financed upon the signing of an assessment contract between the Authority and the property owner ( "Assessment Contract "). The Authority has retained Renovate America, Inc. ( "RA ") to facilitate the Program, and you will see this name throughout the Program materials. The Authority and RA are referred to collectively therein as "Program Administrator." Property Owner Acknowledgments In order to participate in the Program, I understand that I need to meet the qualifications listed below. By signing this Application, I acknowledge and represent to the best of my knowledge that I and any other owner(s) of the property which is the subject of this application (the "Property") meet these qualifications and I authorize the Program Administrator to obtain a credit report for each of the property owner(s) and /or trustees whose social security number is provided on this application. 1. Applicant(s) must be the owner(s) of record of the property; 2. Mortgage - related debt on the property must not exceed 90% of the value of the property; 3. Property owner(s) must be current on their property taxes and there must be no more than one late payment in the past three years; 4. Property owners must be current on all property debt of the subject property at the time of application and cannot have had more than one 30 day mortgage late payment over the previous 12 months; 5. Property owner(s) must not have had any active bankruptcies within the last seven years, and the Property must not be an asset in an active bankruptcy. However, if a bankruptcy was discharged between two and seven years prior, and the property owner(s) have not had any additional late payments more than 60 days past due in the last 24 months, the property owner may be approved; and 6. The property must not have any federal or state income tax liens, judgment liens, mechanic's liens, or similar involuntary liens on the property. I understand that to qualify for the Program that the following requirements must be met: a. The amount to be financed under the Program must be less than 15% of the value of the Property on the first $700,000 value, and less than 10% of any remaining value of the property thereafter. b. The combined amount to be financed under the Program plus the mortgage related debt must not exceed 100% of the value of the Property. c. In accordance with State Law, the all -in tax rate on the Property (including the Assessment and any other assessments) may not exceed 5% of the Property value. d. Property owner(s) must sign all required documentation, including but not limited to the application, the Completion Certificate and the Assessment Contract with all other required Financing Documents. e. Following approval, my contractor or I must call the Program to identify the Eligible Products I would like to purchase, enter into an Assessment Contract with the Authority, and receive Notification to Proceed from the Program before beginning the installation of any Eligible Products. Products which have not been approved by the Program will not be funded. f. Interest rates may change from the approval date to receiving the Notification to Proceed. By signing this Application, I hereby declare under penalty of perjury under the laws of the State of California all of the following: 1. That the information provided in this Application is true and correct as of the date set forth opposite my signature on the Application and that I understand that any intentional or negligent misrepresentation(s) of the information contained in this Application may result in civil liability and /or criminal penalties including, but not limited to, imprisonment, liability for monetary damages to the Authority, its agents, or successors and assigns, insurers and any other person who may suffer any loss due to reliance upon any misrepresentation which I have made in this Application, or both. 2. 1 have the authority to authorize the Program Administrator to obtain a credit report for each of the property owner(s) and /or trustee(s) whose social security number(s) is provided on this Application. 3. 1 understand that it is my responsibility to receive, read and understand all documents comprising the Program, which, in addition to information on the Program website, include the following: a. This Application; b. Privacy Policy Notice; c. Assessment Contract; and d. Program Handbook. I have had an opportunity to ask Program representatives and /or my legal counsel any questions I have regarding the documents listed above. I understand I will be asked to sign the Assessment Contract, among other documents, as a pre - condition to the closing of the financing. 4. 1 am applying to participate in the Program. I have the authority, without the consent of any third party, to execute and deliver this Application, the Assessment Contract, and the various other documents and instruments referenced herein. 5. 1 understand that the financing provided pursuant to the Assessment Contract will be repayable through an assessment levied against the Property. I understand that an assessment lien will be recorded by the Authority against the Property in the office of the County Recorder of the Property County upon execution of the Assessment Contract. The property tax bill (which will include the assessment payments) for the Property will increase by the amount of these assessment installment payments. The Assessment Contract will specify the amount of the assessment, the assessment installments and the interest on the assessment to be collected on the property tax bill for the Property each year during the term specified in the Assessment Contract. The assessment and the interest and any penalties thereon will constitute a lien against the Property until they are paid. As with all tax and HERO Financing Program Application - Version 2.0 — October 2015 Page 1 of 5 © 2015 Renovate America, Inc. -2/1.x/17 CC A EN A PACKET PIS 35 0 era FlEIR0 F'fiaail'idng j�lrograin I", Apl)ficattoin P: Noo HERO-411 p Nno 815-6860 e .mom m /a073 Avenue cvScience San Diego, CA 92128 assessment liens, this lien will be senior to all existing and future private liens against the Property, including mortgages, deeds of trust and other security instruments. Disclosures The following describes all) characteristics and risks of participation m the Program as well as laws to which the Program is subject. A full understanding of any item listed below can be gained only by reviewing the relevant laws, policy statements, and/or the contractual documents related to the Program. The Program Administrator is committed to your understanding each of the items listed below before you enter into an Assessment Contract, and invites you to ask Program representatives any questions regarding these items or if you need copies of any document related to the Program. 1 , Program Disclosures and Disclaimers. a. Existing Mortgage. The Program establishes the manner uy which the Authority may finance, pursuant m Chapter 2Vv/ Part 3of Division rorthe California Streets and Highways Code (commencing with Section n000.1o). the installation nf Eligible Products. Eligible Products will uofinanced pursuant mmn Assessment Contract between you and the Authority. BEFORE COMPLETING A PROGRAM APPLICATION, YOU SHOULD CAREFULLY REVIEW ANY MORTGAGE AGREEMENT(S) OR OTHER SECURITY |NST*UmswT(a)WHICH AFFECT THE PROPERTY OR TO WHICH YOU AS THE PROPERTY OWNER ARE A PARTY. ENTERING INTO A PROGRAM ASSESSMENT CONTRACT WITHOUT THE CONSENT OF YOUR EXISTING LENDER(S) COULD CONSTITUTE AN EVENT Op DEFAULT UNDER SUCH AGREEMENTS 0n SECURITY INSTRUMENTS. DEFAULTING UNDER Aw EXISTING MORTGAGE AGREEMENT OR SECURITY INSTRUMENT COULD HAVE SERIOUS CONSEQUENCES TO YOU, WHICH COULD INCLUDE THE ACCELERATION OF THE REPAYMENT OBLIGATIONS DUE UNDER SUCH AGREEMENT On SECURITY INSTRUMENT. |NADDITION, FAww|EmAE AND Fnsoms MAC, THE OWNER OFA SIGNIFICANT PORTION VFALL HOME MORTGAGES, STATED THAT THEY WOULD NOT PURCHASE HOME LOANS WITH ASSESSMENTS SUCH AS THOSE OFFERED BY THE AUTHORITY. THIS MAY MEAN THAT PROPERTY OWNERS WHO SELL OR REFINANCE THEIR PROPERTY MAY BE REQUIRED TO PREPAY SUCH ASSESSMENTS AT THE TIME THEY CLOSE THEIR SALE oR REFINANCING. If your lender requires an impound for your property taxes, please consider notifying them of the annual assessment payment amount so they can adjust your impound amount. u. Foreclosure, Not later than October 1 each year, the Authority shall determine whether any annual assessment installment is not paid when due and shall have the right and obligation to order that any such delinquent payment, penalties, interest, and associated costs be collected uyun action brought in Superior Court to foreclose the lien of such delinquent assessment installment in the manner provided and to the extent permitted oy applicable law. u. Interest Rate. You will be charged a fixed interest rate on your total financed amount. Your interest rate will uoset at the time your financing documents are issued. Interest rates may change from the approval date mthe date the Notification m Proceed iosent. u. Program Administration Fee. At the time of closing, the Authority will charge you a one-time administration fee of 4.99% of the principal amount of the assessment on the Property to cover the costs of administering the Program. This fee will be added to the assessment amount. o. Recording Fee. /w the time m closing, the Authority will pass-through the assessment recording fee of approximately $95 to you to cover the costs o, recording the assessment. This fee will ue added m the assessment amount. f. Assessment Administration Fee. Each year, an annual assessment administrative fee will be added to the assessment lien amount on your property tax bill. Currently these costs are $35 and there will be adjustments in subsequent years for cost of living increases, not to exceed $95. n Interest Before First Payment: Based on the date an assessment is recorded on your property the payment of assessment installments may not begin until the following year's property tax bill. As a result interest will be added to the assessment amount for the period between yov,momnn date and the date of your first assessment payment. The maximum amount of interest will be listed on your Final Payment Summary, which will be provided with your financing documents. ». Automated Valuation Model Disclosure. You have the right to a copy of the automated valuation model (AVM) report used in connection with your application for credit. n you want u, obtain a copy, please email v, write musat the address oe have provided. vVe must hear from you no later than 90 days after we provide you with a notice of the action taken on your application or a notice of incompleteness, or in the case of a withdrawn application, so days after the withdrawal. An AVM is not an appraisal. It is a computerized property valuation system that is used to derive w real property value. i Prepayment. You have the option to pay off your assessment amount at any time in full, or in any amount of at least $2,500. A prepayment in calculated to include the principal amount of the assessment to be prepaid (Assessment Prepayment Amount) and interest on the Assessment Prepayment Amount to the second business day of the second month following the date the prepayment is made. j. No Endorsement, Warranty o,Liability. The Authority, Renovate America, Inc., and the Program uo not endorse any manufacturer, c*ntmmp,, product, or system, or in any way warranty such equipment, installation, or the efficiency or production capability of any equipment. The Authority, Renovate America, Inc. and the Program make no representations and have no responsibility regarding the equipment and its installation, including the quality, safety, cost savings, efficiency or producbon capability of any equipment; or any compliance of the equipment or its installation with any HERO Financing Program Application vonmnuo— o=mueromspugeumo 0 2015 Renovate America, Inc. 0-211 _`�//l7CCAGENDA PACKET PIS 36 0 ", hero, 1-1E]RO Hinanding lFlrogranilm AplAcation P: (855) HERO -411 F: (858) 815 -6860 E: info @heroprogram.com A: 15073 Avenue of Science San Diego, CA 92128 applicable laws, regulations, codes, standards or requirements. Further, the Authority, Renovate America, Inc. and the Program shall not be in any way liable for any incidental or consequential damages resulting from the equipment or its installation. k. Validation. The Program may validate that installed Eligible Products meet Program eligibility requirements including requiring the applicant to provide additional sales receipts, contractor invoices, serial numbers or other identifying details, portions of packages or stickers originally attached to the installed Eligible Products beyond what the Program already requires to be provided. The Program reserves the right to perform independent on -site validation(s) of any Eligible Products financed by the Program even if permit inspections have already been completed. If a validation visit is required, Program staff will schedule any such on -site validation visit with the property owner, at any reasonable time and with reasonable notice. In addition, the Program reserves the right to perform online monitoring of any installed renewable energy systems' generation data, if applicable, as well the tracking of energy consumption impacts and utility usage for any installed /financed product via property utility bill data. You, by submitting this application, consent to any such onsite validations, online monitoring, and utility bill energy usage analysis. By submitting this application, you also agree to sign the authorization form to participate in utility billing energy usage analysis to measure Program impact savings and participant satisfaction. Additional Homeowner Information Disclosure. Please see the HERO Website Privacy Policy for additional information on disclosure practices m. Property Transfers, Notice, and Acknowledgement. To the extent required by applicable law, the Property owner hereby agrees to provide written notice of the obligation to pay the Assessment pursuant to an Assessment Contract to any subsequent purchaser or transferee of the Property or any interest therein, including any subdivision of the Property, at or before the time of sale or transfer of the Property. Property owner understands and acknowledges that the Assessment, and obligation to pay the Assessment pursuant to such Assessment Contract, runs with the land and, upon sale or transfer of the Property or any interest therein, any subsequent owner or transferee shall be required to pay the Assessment pursuant to such Assessment Contract. if a subsequent owner or transferee fails to pay the Assessment pursuant to such Assessment Contract, then the provisions of this Contract, including the "Foreclosure" provision listed above, shall apply to the subsequent owner or transferee's interest in the Property to the extent permitted by law. Property owner further understands and acknowledges that a subsequent purchaser or transferee, or any interested party to the sale or transfer (such as a lender), may require as a condition of sale or transfer, that the Assessment be paid in full prior to sale or transfer. Information regarding Assessment prepayment can be found in the Contract to Pay Assessment; Prepayment section of the Assessment Contract. 2. Legal Disclosures a. Equal Credit Opportunity Act (ECOA). The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against Credit Applicant(s) on the basis of race, color, religion, national origin, sex, marital status, age (provided that the applicant has the capacity to enter into a binding contract); because all or part of the applicant(s) income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The Federal Agency that administers compliance with this law concerning this creditor is the Federal Trade Commission, Division of Credit Practices, Washington, D.C. 20580. b. Fair Credit Reporting Act. As part of assembling your Program application, the Authority has requested a consumer report bearing your credit worthiness, credit standing and credit capacity. This notice is given to you pursuant to the Fair Credit Reporting Act. c. The Housing Financial Discrimination Act Of 1977. it is illegal to discriminate in the provision of or in the availability of financial assistance because of the consideration of: trends, characteristics or conditions in the neighborhood or geographic area surrounding a housing accommodation, unless the financial institution can demonstrate in the particular case that such consideration is required to avoid an unsafe and unsound business practice; race, color, religion, sex, marital status, domestic partnership, national origin or ancestry. d. Patriot Act Disclosure. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify, and record information that identities each person who opens an account. What this means for you: As part of applying to the Program, the Authority may be required to ask for your name, address, date of birth, and other information that will allow it to identify you. The Authority may also need a copy of the driver's license or other identifying documents from any and all borrowers and guarantors. e. Communications with Legal Advisers. If you have any questions about any agreements or security instruments which affect the Property or to which you are a party, or about your authority to execute the Program Application or enter into an Assessment Contract with the Authority without the prior consent of your existing lender(s), the Program strongly encourages you to consult with your own legal counsel and your lender(s). Program staff cannot provide you with advice about existing agreements or security instruments. f. Monitoring and Recording Telephone Calls. The Program may monitor or record telephone calls for security and customer service purposes. By applying for HERO Financing, you consent to have any phone conversations with the Program recorded or monitored. Property Owner Signature(s) I declare that (i) I have received, read and understand the risks and characteristics of the Program described in the Property Owner Acknowledgments and Disclosures set forth in this Application and (ii) I have been informed that I must take the sole responsibility to satisfy myself that executing the Assessment Contract, receiving financing for Eligible Products, and consenting to the assessment levied against the Property will not constitute a default under any other agreement or security instrument (specifically the terms of any mortgage on the Property) which affects the Property or to which I am a party. HERO Financing Program Application - Version 2.0 — October 2015 Page 3 of 5 © 2015 Renovate America, Inc. —2/1.x/17 CC A EN A PACKET PIS 37 11B! Z Financhng Progirairril"O Apphcafioiri P: (855) HERO-411 F: (858) 815-6860 E: info@heroprogram.com A: 15073 Avenue of Science San Diego, CA 92128 Property Owner 1 Signature Property Owner 3 Signature Date Date Property Owner 2 Signature Property Owner 4 Signature Date Date HERO Financing Program Application - Version 2.0 — October 2015 Page 4 of 5 @ 2015 Renovate America, Inc. 02115117 CC AGENDA PACKET PG 38 0' bero, 1iB1RO I iomiain in i' - "ile a'aiii "nI"' Ap iiftaflon P: (855) HERO -411 F: (858) 815 -6860 E: info @heroprogram.com A: 15073 Avenue of Science San Diego, CA 92128 FOR CONTRACTOR CALL IN ONLY Contractor ID# HERO ID# Property Address Property Type: El Single Family Home El Condo/Townhome El Manufactured /Mobile Home El Multi Family Home (1 -3 units) I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Property Address I I I 1 I I I I I I I I I I I I I I I i I I I I I I I I I City State Zip Code Property Owner Ownership Type: El Individual El Joint El Trust F] Corporation /LLC /etc, El Other: U I I I I I I I I I I I I I I I I I I First Name M. Initial Last Name I I I I- I I I- I I I I D B II / I I / I I I I I I I I I I I I I I I I Social Security Number Month Day Year Phone Number I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Email Address I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I II I I Mailing Address (if different from Property Address) I I I I I I I I I I I I I I I I I I I I I I I I I I I I I City State Zip Code Property Owner 2 I I I I I I I I I I I I I I " I I I First Name M. Initial Last Name I I I I- I I I• I I I I D I I J/ I I I/ I I I I I Social Security Number Month Day Year Property Owner Signature(s) I declare that I have the authority, without the consent of any third party which has not been previously obtained, to execute and deliver the Application, Assessment Contract, and the various documents and instruments referenced therein. Property Owner 1 Signature Property Owner 3 Signature Date Date Property Owner 2 Signature Property Owner 4 Signature Date Date If you do NOT wish to receive email communications from the Program and would prefer all communications to occur through the U.S. mail instead, please contact us. ❑ Please check this box if you do NOT want to receive newsletters or other marketing materials from the Program or Renovate America, Inc. HERO Financing Program Application - Version 2.0 — October 2015 Page 5 of 5 @ 2015 Renovate America, Inc. 02115117 CC A EN A PACKET PIS 39 15073 Avenue of Science, San Diego, CA 92128 DATE ISSUED PROPERTY OWNERS PROPERTY ADDRESS 10/16/201a John Smith, Jane Smith za3n Main Street Corona, cx92880 zas4 Main Street Corona, CA 92880 F i ri a I� icing Estirrate Save this Financing Estimate to compare with your Final Payment Summary, TERM 10 years PURPOSE Home Improvement Pnoouo HERO Program mEmnncxnomo cA098765*32 xxrsuocx El NO Z YES, until n3/28/onzr 7.69% After the expiration date interest rates and closing $0.00 costs can change. Notice to Property Owner: You have the right to request that a hard copy of this document be provided to you before and after reviewing and signing. The financing arrangement described below will result in an assessment or the levy of a special tax against your property which will be collected along with your property taxes and will result in a lien on your property. You should read and review the terms carefully, and if necessary, consult with a tax professional or attorney. Customer Service Toll-Free Telephone Number and Email In the event you have a consumer complaint, questions about your financing obligations related to the contractual assessment or your contractual rights under the terms of your financing contract, you can contact either this toll-free telephone number or email address provided below and receive a response within 24 hours or one business day. Toll-free telephone number: (855) HERO-411 CmstommeryerviceemmaUaWdresu:infu@hernpro8ram.com Product Cost | ��0�� 0 *����mv�� ��mromu�mp | o",�aoo�aononmxu�m/ . ° muosmcienwyvAC Furnace Total Estimated Annual Principal, $1,370.32 Interest and Administrative Fees � Note: If your property taxes are paid through an impound account, your mortgage lender may apportion the amount and add it to your monthly payment. See "Other Considerations," below. This financing arrangement will result in an assessment against your property which will be collected along with your property taxes. mmCA098765432 CA PACE Financing Estimate Disclosure Form -Version 1.0-September 2016 m/16/2u16m:40:01mwPST PAGE zm« mm16 Renovate America, Inc. 02115117CCA GEN{A PA CKETPG 4 0 Application Fees and Costs $456.82 Prepaid Interest $617.96 Other Costs $80.00 Total Amount Financed $9,154.75 Simple Interest Rate 7.69% Balloon Payment $0.00 Total Estimated Annual Principal, $1,370.32 Interest and Administrative Fees � Note: If your property taxes are paid through an impound account, your mortgage lender may apportion the amount and add it to your monthly payment. See "Other Considerations," below. This financing arrangement will result in an assessment against your property which will be collected along with your property taxes. mmCA098765432 CA PACE Financing Estimate Disclosure Form -Version 1.0-September 2016 m/16/2u16m:40:01mwPST PAGE zm« mm16 Renovate America, Inc. 02115117CCA GEN{A PA CKETPG 4 0 Ffiriancing Estimate 15073 Avenue of Science, San Diego, CA 92128 A. Origination Charges' $456.82 Application Fee $0.00 Bond Related Costs $456.82 B. Services $0.00 Appraisal Fees $0.00 Credit Reporting Fees $0.00 C. Recording and Administrative Fees $80.00 County Recording Fees $55.00 Annual Program Administrative Fee $25.00 D. TOTAL FINANCING COSTS (A + B + C) $536.82 I Included in "Financing Costs" in preceding section Save this Financing Estimate to compare with your Final E. Prepaid Interest' (From closing to September 21d of the year in which $617.96 you make your first assessment payment) 11211121121ML222mm- F. TOTAL CLOSING COSTS (D + E) $1,154.78 Prepayment Fee 1 0 NO ❑ YES Interest will accrue until the 2nd day of the 2nd month following payoff Annual Program Administrative Fee I ❑ NO Z YES Annual administrative fee of $25.00 is subject to change $8,536.82 Principal you will have paid off (excluding any prepaid interest if financed) Total amount you will have paid + $4,916-39 Amount of interest you will have paid (including any prepaid interest iffinanced) over the life of the financing + $250.00 Amount of financing and other costs you will have paid $13,703.21 Total you will have paid in principal, interest, financing and other costs Annual Percentage Rate 9.52% Your costs over the term expressed as a rate. This is not your interest rate. Total Interest Paid 35.88% As a percentage of all the payments you will have mode ID#:CA098765432 CA PACE Financing Estimate Disclosure Form — Version 1.0— September 2016 10/16/2016 10:40:01 AM PST PAGE 2 OF 4 0 2016 Renovate America, Inc. 02115117 CC AGENDA PACKET PG 41 F i lr'i a if i f'° I lin t ° °: J O" i t! 15073 Avenue of Science, San Diego, CA 92128 FINANCING PROVIDER Renovate America: HERO Program EMAIL info @heroprogram.com PHONE (855) HERO -411 Save this Financing Estimate to compare with your Final Payment Summary. Home Sale or I understand that I may be required to pay off the remaining balance of this obligation by Refinancing the mortgage lender refinancing my home. If I sell my home, the buyer or their mortgage lender may require me to pay off the balance of this obligation as a condition of sale. PO INITIAL Your payments will be added to your property tax bill. Whether you pay your property Tax Payments taxes through your mortgage payment, using an impound account, or if you pay them and Monthly directly to the tax collector, you will need to save an estimated $1,370.32 for your first tax Mortgage installment. If you pay your property taxes through an impound account, you should notify Payments your mortgage lender, so that your monthly mortgage payment can be adjusted by your mortgage lender to cover your increased property tax bill. PO INITIAL Consult your tax advisor regarding potential tax credits, credits and deductions, tax Tax Benefits deductibility, and other tax benefits available for the HERO Program. Making an appropriate application for the benefit is your responsibility. PO INITIAL Statutory If your property tax payment is late, the amount due will be subject to a 10% penalty, late fees, and 1.5/ per month interest penalty as established by state law and your property Penalties may be subject to foreclosure. PO INITIAL You, the property owner, may cancel the contract at any time prior to midnight on the third business day after the date of the transaction to enter into the agreement without any penalty or obligation. To cancel this transaction, you may mail or deliver a signed and Three Day dated copy of the contract with notice of cancellation to: Right to Cancel 15073 Avenue of Science, San Diego, CA 92128 You may also cancel the contract by sending notification of cancellation by email to the following email address: info @heroprogram.com. PO INITIAL ID #: CA098765432 CA PACE Financing Estimate Disclosure Form — Version 1.0— September 2016 10/16/201610:40:01 AM PST PAGE 3OF4 0 2016 Renovate America, Inc. 02115117 CC A EN A PACKET FAG 42 15073 Avenue of Science, San Diego, CA 92128 Save this Financing Estimate to compare with your Final Payment Summary. This confirms the receipt of the information in this form. You do not have to accept this financing just because you acknowledge that you have received or signed this form, and it is not a contract. John Smith Date Jane Smith Date Property Owner 3 Date Property Owner 4 Date ID #:CA098765432 CA PACE Financing Estimate Disclosure Form — Version 1.0— September 2016 10/16/2016 10:40:01 AM PST PAGE 4OF4 0 2016 Renovate America, Inc. 02115117 CC A EN A PACKET FAG 43 15073 Avenue mScience, San Diego, CA 92128 Thank you for choosing the HERO Program *finance your home upgrade. DISBURSEMENT DATE PROPERTY OWNERS PROPERTY ADDRESS 10/16/2010 John Smith, Jane Smith zz34 Main Street Corona, c^oz000 zzs* Main Street Corona, c^ozuuo TERM PURPOSE PRODUCT /oEmrmcAr/omw 10 years Home Improvement HERO Program c^098765*32 Notice to Property Owner: You have the right to request that a hard copy of this document be provided to you before and after reviewing and signing. The financing arrangement described below will result in an assessment or the levy of a special assessment against your property which will be collected along with your property taxes and will result in a lien on your property. You should read and review the terms carefully, and if necessary, consult with a tax professional or attorney. Customer Service Toll-Free Telephone Number and Email In the event you have a consumer complaint, questions about your financing obligations related to the contractual assessment or your contractual rights under the terms of your financing contract, you can contact either this toll-free telephone number or email address provided below and receive a response within 24 hours or one business day. Toll-free telephone number: (855)HERO-4l1 Customer service email address: info@heroprogram.com Product Cost $8,000.00 ° xig,smuemv*vAc Central Air Conditioner 0ocmmnvmbovinstoxotiom/ | ° xig`sxmencv*vAc Furnace Total Annual Principal, Interest $1,366.42 and Administrative Fees Note: If your property taxes are paid through an impound account, your mortgage lender may apportion the amount and add it to your monthly payment. See "Other CunsideroUons," below. This financing arrangement will result inan assessment against your property which will be collected along with your property taxes. mwcAomre*32 CA PACE n"almymemuauvmremrm - veruv z.0-September 2016 10/19/2016 10:*5:5zmwPST PAGE zopx 0zoze Renovate America, Inc. 02/1c117CCAGENDA PACKET PG 44 Applicati Prepaid Interest $592.77 Other Costs $80.00 Total Amount Financed $9,128.27 Simple Interest Rate 7.69% Balloon Payment $0.00 Total Annual Principal, Interest $1,366.42 and Administrative Fees Note: If your property taxes are paid through an impound account, your mortgage lender may apportion the amount and add it to your monthly payment. See "Other CunsideroUons," below. This financing arrangement will result inan assessment against your property which will be collected along with your property taxes. mwcAomre*32 CA PACE n"almymemuauvmremrm - veruv z.0-September 2016 10/19/2016 10:*5:5zmwPST PAGE zopx 0zoze Renovate America, Inc. 02/1c117CCAGENDA PACKET PG 44 IIII' °°Inal Payment Le i® i 15073 Avenue of Science, San Diego, CA 92128 e Origination Charges' $455.50 Application Fee $0.00 Bond Related Costs $455.50 B. Services $0.00 Appraisal Fees $0.00 Credit Reporting Fees $0.00 C. Recording and Administrative Fees $80.00 County Recording Fees $55.00 Annual Program Administrative Fee $25.00 D. TOTAL FINANCING COSTS (A + B + C) $535.50 ' Included in Financing Costs" in preceding section Thank you for choosing the HERO Program to finance your home upgrade. commmsma- E. Prepaid Interest' (From closing to September 2n1 of the year in which $592.77 you make your first assessment payment) F. TOTAL CLOSING COSTS (D + E) $1,128.27 Prepayment Fee I ® NO ❑ YES Interest will accrue until the 2nd day of the 2nd month following payoff Annual Program Administrative Fee I ❑ NO ® YES Annual administrative fee of $25.00 is subject to change $8,535.50 Principal you will have paid off (excluding any prepaid interest if financed) Total amount you will have paid + $4,878.70 Amount of interest you will have paid (including any prepaid interestiffinanced) over the life of the financing + $250.00 Amount of financing and other costs you will have paid _ $13,664.20 Total you will have paid in principal, interest, financing and other costs Annual Percentage Rate 9.46% Your costs over the term expressed as a rate. This is not your interest rate. Total Interest Paid 35.70% As a percentage of all the payments you will have made ID # CA098765432 CA PACE Final Payment Disclosure Form - Version 1.0 - September 2016 10/19/201610:45:51 AM PST PAGE 2 OF 4 © 2016 Renovate America, Inc. 02115117 CC A EN A PACKET FAG 45 F h iaUPayrnient��������� 15073 Avenue of Science, San for choosing the HERO Program to finance Tax Year* (commencing July 1) Total Annual Payment" Interest Portion of Annual Payment*** 2017-2018 $1,366.42 $1,294.73 2018-2019 $1,366.42 $652.79 2019-2020 $1,366.42 $599.83 2020-2021 $1,366.42 $542.81 2021-2022 $1,366.42 $481.39 2022-2023 $1,366.42 $415.26 2023-2024 $1,366.42 $344.03 2024-2025 $1,366.42 $267.33 2025-2026 $1,366.42 $184.74 2026-2027 $1,366.42 $95.79 ~The initial Tax Year u based upon the actual disbursement date. includes the annual assessment installments due in the Tax Year and current annual assessment administrative fee m$25/m (subject mumnoe. *** This column includes annual interest and any prepaid interest if financed. Consult your tax advisor about potential tax deductibility and any other tax benefits. mwcxo98r65*32 cx PACE Final Payment Disclosure Form — versionzu— Sememoerzmo 10/m/20zom:4s.5z^wPST PAGE 3or* 0 2016 Renovate America, Inc. 02115117CCA GEN{A PA CKETPG 4 6 15073 Avenue of Science, San Diego, CA 92128 Thank you for choosing the HERO Program to finance your home upgrade. FINANCING PROVIDER Renovate America: HERO Program EMAIL info @heroprogram.com PHONE (855) HERO -411 I �('! Sill! =1 All 1" =,I Home Sale or I understand that I may be required to pay off the remaining balance of this obligation by the mortgage lender Refinancing refinancing my home. If I sell my home, the buyer or their mortgage lender may require me to pay off the balance of this obligation as a condition of sale. Your payments will be added to your property tax bill. Whether you pay your property taxes through your Tax Payments mortgage a payment, using an impound account, or if you a them direct) to the tax collector, you will need to and Monthly p y g p y pay y ' y Mortgage save $1,366.42 for your first tax installment. If you pay your property taxes through an impound account, you Payments should notify your mortgage lender, so that your monthly mortgage payment can be adjusted by your mortgage lender to cover your increased property tax bill. Consult your tax advisor regarding potential tax credits, credits and deductions, tax deductibility, and other tax Tax Benefits benefits available for the HERO Program. Making an appropriate application for the benefit is your responsibility. Statutory If your property tax payment is late, the amount due will be subject to a 10% penalty, late fees, and 1.5% per Penalties month interest penalty as established by state law and your property may be subject to foreclosure. ID # CA098765432 CA PACE Final Payment Disclosure Form — Version 1.0 — September 2016 10/19/2016 10:45:51 AM PST PAGE 4 OF 4 © 2016 Renovate America, Inc. 01M F iina, riiciing 1`11'rogl'arn I'm l gl,it to CaIncel V, 0 11111[Ji, e iii[vo P: (855) HERO-411 F: (858) 815-6860 E: wrcogheroprogram.com A: 4080 Lemon Street 3rd Floor. MS1032 Riverside. CA 92501 Date: Property Owner(s) Property Address: HERO ID: Application Date: Expiration Date: 10/16/2016 John Smith, Jane Smith 1234 Main Street Corona, CA 92880 CA098765432 10/09/2016 03/28/2017 Your Right to Cancel: You are entering into an Assessment Contract with the Western Riverside Council of Governments (the "Authority") for HERO Financing under the WRCOG HERO Program ("Program") that will result in a lien on the property at 1234 Main Street, Corona CA 92880. Under the Program, you may cancel this transaction, without cost, within three (3) business days from the date on which you signed the Assessment Contract. If you cancel the transaction, the Authority, within 20 calendar days after the Authority receives notice of cancellation, must take the steps necessary to reflect the fact that, if recorded, the lien on your property has been discharged or reconveyed, and the Authority must return to you any money you have given to the Program in connection with your application for HERO Financing, not including the application processing fee. You must return any money paid to you or on your behalf, whether to your contractor or any other person, immediately. All money must be returned to the address below. Acknowledgement of Receipt I/We hereby cknowledge reading and receiving a complete copy of this Notice of Right to Cancel. ribiol 16 IN 3 , John Smith Date Jane Smith Date Property Owner 3 Date Property Owner 4 Date How to Cancel If you decide to cancel this transaction, you must do so by notifying the Authority in writing at: WRCOG HERO Program 4080 Lemon Street 3rd Floor. MS 1032 Riverside, CA 92501 Fax: 858-815-6860 You may use any written statement that is signed and dated by you and states your intention to cancel, or you may use this notice by dating and signing below. Please keep a copy of this notice for your records. If you cancel by mail, fax or email, you must send the notice no later than midnight of the third business day following the date on which you signed the Assessment Contract. If you send or deliver your written notice to cancel some other way, it must be delivered to the above address no later than the time indicated above. By signing below you are cancelling your HERO Financing transaction. This does not cancel any contract with any other parties, such as your contractor(s). It is your responsibility to contact any additional parties regarding your desire to cancel your project. I Wish to Cancel (ONLY SIGN HERE IF YOU ARE CANCELLING YOUR FINANCING) 00 qPW [NIX, John Smith Date Jane Smith Date I Property Owner 3 Date Property Owner 4 Date HERO Financing Program Right to Cancel - Version 1.0 — Sept. 2013 Page I of I j @ 2013 Renovate America, Inc. , V. 02115117 CC AGENDA PACKET PIS 48'b' How -to Pay Off a HERO Assessment You can pay off your HERO assessment balance at any time without prepayment penalties. You'll need to pay off the remaining project cost, financing fees and associated bond interest. Here's how... tttairt the pu °c,Mr es. ,,i by HER O F, I" Acivimc,us at 855 225—d-IE O (4376). Let thorn know you need a Complete Payoff Statement. We statement will be sent to all requested parties within S -I business days ttusce yr° «u rrec.Oue thirty rteitern eint, wind payonr� iro t'. Be sure to follow the instructions on the Complete Payoff Statement when submitting payment to avoid any delays. It must be received by the Valid - Through date listed on 11re statement t °t -K:a, tine rDayiTra:u..at iS pDurtrr ,se(J, a I14or ire gat 6 isc:llairg� frir tlrw prEi,,.uss m,sorarur'a wiU Orr oa ^cr,irhr.' ^r: on the hlt ii, rrp)erty, If property taxes were paid through an impound account... The homeowner will need to contact their lender to understand when and how their mortgage payment and escrow accc7unt will be adjusted. I ,lero .rat v 6 - 4viu n d&,,w. 1 , r £i` I , ,1h 4(( ,d(,: 1e o,. q a 02115117 CC AGENDA PAC Ei PG 49 Flow to Pay Off Part I... iERO s se s m r -i You can reduce the HERO assessment balance at any time without prepayrnent penalties by paying off a portion of it. Here's how... Starl tPrr. fay c ai I fm,.,g i - i[- C) Gvrcq,.)ert4 s ar 855 2"2E3 i, I L Ctf (11 37( Let thern know you'd like to make a partial payoff of your I WRO assessriient and need the remaining HFRO assessment i,>alance. l`rawiire cnr,.,at: how irr°nuuch vwill (lw paid r,rff Partial payoffs can lake place at any time with certain prepayment mini r)(ims, depending on when your project was funded. Charing We sale of a horns, f guring <xal the payoff amount usually hipperis during the negotiations between the buyer ane seller when a home with a HERO assessment is being sold. When refinancing, you usually figure out the pay off amount with your lender to lower the atno nnt of your HERO assessment. [Zlequest a If) ayoff Stateu °'rein based on tilwa., dota'rLWH dyn � ire�fs�rd:f You can (.trt this by calling HERO Property Advisors at 855- 225 -HERO (4 i)/6) fhe statement should arrive within 5 7 busines,., days of your request, along with a rec,alc ulated payment schedule for the remaining term of the assessirrrent Future payments will be lower as a result of a partial payoff. b:w�r�n.[ it ay°r'7ruffwrst Payments must be received by the Valid -1 hrr.xaylr (J,.7t(:, listed on the l'arti:)i I',)yorf Statement. Full instructions on how to send the pr,�ywents are also provided on the �taternei it Once, e, 0,fe partial tial fniuyr„ff p ayrrua:=nt is �rurs:�r�, r�a��,w.ad< an rydr.fe nd ioirr,u tc� � t,Joticc rzfi yiu,swFssirrurdi "a won" be rarw r,a� r.fa6rd (, 1 Par f. :Mrot ei ly. If property taxes were paid through an impound account... The horneowner will need to contact their lender to under stand when and how their rnortgage payment and e,,r::irw account will be adjusted. 0-2111.x/17 CC AGENDA PACKET Pry 50 PACE financing under the HER] Program utilizes the legal structure authorized by state law that allows the responsibility for remaining assessment payments to either transfer to new homeowners when properties are sold, remain in place when existing homeowners refinance, or be paid off upon the sale of the property. On July 19, 2026 the Federal Housing Administration (FHA) and Department of Veterans Affairs (VA) issued new guidelines on how properties with PACE assessments may be purchased and refinanced with FHA mortgage insurance or VA guaranteed loans, thereby allowing PACE assessments to remain on the properties and the remaining payments to transfer from one homeowner to the next. In the case of the Federal Housing Finance Agency (FHFA),current policies of Fannie Mae and Freddie Mac do not allow such government-sponsored enterprises to purchase any mortgages encumbered by PACE liens. Therefore, property owners may still be required to pay off existing PACE assessments prior to obtaining loans from Fannie Mae or Freddie Mac. PACE Assessments State-enacted Property Assessed Clean Energy (PACE) legislation has enabled local governments' ("PACE Providers") to provide a financing option for homeowners to install permanently affixed energy-efficient and water-saving upgrades that are repaid through the homeowner's property tax bill. This unique method of financing is offered through voluntary contractual assessments or other forms of assessments permitted under state tax law. The PACE assessment is levied against the homeowner's property and appears as a property tax assessment in a separate line item on the homeowner's property tax bill. The HERO Program The HERO Program is the largest PACE program in California and it is also operating in the state of Missouri. HERO stands for "Home Energy Renovation Opportunity." Selling or Refinancing a Home with a PACE Assessment Homeowners have more than one option when selling or refinancing PACE-assessed properties. The PACE assessment can stay with the property with or without subordination, the assessment can be partially or fully paid off, or the assessment can oo'existwith mortgages secured by FHA and VA. There is no legal requirement that the PACE assessment be paid off when a homeowner refinances or sells the property. However, due to current FHFApolicy, Fannie Mae and Freddie Mac still require that the PACE assessment be paid off. Nevertheless, some lenders may accept contractual subordination — a solution developed by Renovate America in response to FHFA's concern regarding PACE's lien priority. Consumers are advised to check with their lender of choice to confirm that this is an option. 1. FHA and VA PACE Guidance On July 19, 2016 FHA and VA issued guidance (Mortgagee Letter 2016'11 and Circular 26'16-18, respectively) to insure mortgages for properties with PACE assessments, so long asthe PACE assessments, as determined by the mortgage lender, meet the following requirements: (i) the PACE assessment is treated like a property tax, (i) the mortgage lender must escrow payments for the PACE assessments just like any other special assessment (iii) the balance of the PACE assessment does not accelerate, (iv) there are no terms of conditions that limit the transfer of the PACE assessment to a new homeowner, and v) the existence of and information on the PACE assessment is readily apparent in the public records and available to all parties in the mortgage transaction. z Western Riverside Council of Governments, San Bernardino Associated Governments and the County of Los Angeles in the case of California, and Missouri Clean Energy District in the case of Missouri. 01,ierol Your energy efficient future, today. heroprograin com 8�5 CAI -HERO �IPASLii,)ordiriati(:)ns@[)(,roprogram.coriI 1 1294_4 02115117 CC AGENDA PACKET PG 51 In the event of a sale, the appraiser must analyze and report the impact on the value of the property of the PACE - related improvements and the PACE assessment must be fully disclosed to the buyer and made part of the sales contract between the seller and the buyer. 2. Subordination of a PACE assessment Through contractual subordination, the PACE Provider and HERO Program administrator (the "Administrator "), Renovate America, subordinate (1) the right to foreclose or enforce the PACE lien on a PACE - assessed property unless it has obtained written permission from the first deed of trust holder, and (2) the right to receive proceeds from any foreclosure sale until the holder of the first mortgage or deed of trust has been fully paid.z This solution, subordinating the right to commence foreclosure or enforcement action and the right to payments in an underwater foreclosure circumstance, passes the economic benefit of lien priority to the first deed of trust holder'. While the PACE Provider and Administrator subordinate every right that they can, they cannot subordinate a property tax lien. By way of example, if a homeowner were to be delinquent on his /her property taxes, which includes unpaid PACE assessments, neither the PACE Provider nor Administrator can initiate foreclosure proceedings as they have subordinated that right to the first deed of trust holder. Additionally, should a property go into foreclosure, and the proceeds from the foreclosure sale are less than the value of the first mortgage, any delinquent and unpaid PACE assessment proceeds will be disbursed to the first deed of trust holder. Homeowners and or buyers of PACE- assessed properties should check with their lender regarding the availability of contractual subordination and whether the particular lender has other conventional mortgage options available. Obtaining a Subordination Application and Credit Report from the Buyer or Homeowner We must understand an applicant's credit in order to subordinate. However, the only underwriting guidelines for approval are (1) subordination must be required by the lender, and (2) the lender must be a bank or credit union. Please contact HERO Property Advisors at 855- CAL -HERO (225 -4376) to submit a subordination request and to receive the HERO Financing Program Subordination Application. The HERO Financing Program Subordination Application and additional information is also available ona Contact Us for More Questions We encourage lenders, title companies, and other stakeholders to engage in discussions with Renovate America regarding the transferability of HERO assessment payment obligations. Should you receive any additional questions or concerns from the parties in the financing transaction, please contact HERO Property Advisors at 855- CAL -HERO (855 - 225 - 4376). Intended Use This packet is intended for information only as sample documents are subject to change. 2 Further, case law precedent in California places an obligation on the PACE Provider to protect the interest of the federal government and federal instrumentalities, such as Fannie Mae and Freddie Mac, when enforcing its PACE assessments over properties in which the federal government and federal instrumentalities have an interest. If Fannie Mae or Freddie Mac's interest in the property is affected or extinguished in the process, this constitutes an unconstitutional exercise of state power over the property by the PACE Provider. Rust v. Johnson (1979) 597 F2d 174. 3 Since 2010, the FHFA has expressed concern over the perceived economic risks of senior PACE assessments —that senior PACE assessments will be paid before "existing mortgages, which could result in an alternation of the fundamental economics of mortgage lending. In a statement issued in December 2014, FHFA emphasized that Fannie Mae and Freddie Mac mortgages must "have first priority in receiving the proceeds from selling a house in foreclosure... and FHFA is concerned by [assessments] ... advanced to "super- priority" [payment] status over Fannie Mae and Freddie Mac first -lien mortgages." The FHFA stated in a 2013 communication to the San Diego Board of Supervisors that the Agency has "not objected" to a structure similar to the ones enacted in Maine, New Hampshire, Oklahoma, and Vermont that preserves the traditional economic hierarchy. In their Selling Notice dated August 2014, Fannie Mae and Freddie Mac expressed their support for PACE obligations that are "structured as subordinate" or that "do not provide for ... priority over first mortgage liens." Ohm I Your energy efficient future, today. { heroprograrn.corn 855- CAL HERO I HPASubordmatioris @heroprogram.com 11294_4 02115117 CC AGENDA PACKET PIS 52 Table of Contents SuLx)rdh'-Yat.Jon Ls -, row WstruOJons ,Sam ple SuUxxchnat�ort ApIrec'nient v. 11302016 Obero I Your energy efficient future, today. I heroprogram.com t 8SS HERO 411 02115117 CC AGENDA PACKET PG 531 m1 h p:x55-C«L-*snoNss-2z5-*376> p: (909) 494-4335 s:ovasuuommamonu@oemvmommzum A: 15073 Avenue o«Science, San Diego, c«suzo The HERO Program offers subordination of HERO assessments tofirst mortgages ur deeds of trust for buyers of HERO assessed homes and HERO property owners seeking to refinance their homes. 1 Subordination must be required bydelender. 2. Lender must be a bank or credit union and the transaction must be arm's length. AppUhcamt mfiommafiom Step 1. Complete and sign Applicant Section of the HERO Financing Program Subordination Application. Please ensure the section is complete and accurate to avoid a delay in processing your subordination request. Step 2. Provide HERO Financing Program Subordination Application (all pages) to your escrow company or lender. You may complete the EsmnwlLendeSectionormquest your escrow company or lender to complete this. Your escrow company or lender is responsible for submitting the Subordination Package (application and required documents listed below) to HERO Property Advisors. Submission of the Subordination Package will initiate the subordination process. Step 1. Complete the Escrow/Lender Section of the HERO Financing Program Subordination Application. Step 2. Submit Subordination Package (all required documents listed below) to HERO Property Advisors by email, mail or fax. An incomplete Subordination Package may delay the processing time of your subordination request. Required Documents: • Copy of the completed Subordination Application signed by primary applicant • Copy of Preliminary Title Report with the HERO assessment you would like subordinated • Copy ofCredit Report for primary applicant (pulled as part of the lender's financing process) • Return shipping label Email: Fax: Mail: (9O9)494'43�� HERO Program Subject line: Subordination Package 15073 Avenue of Science San Diego, [A92128 Attn: Subordination Package h1ext steps� The HERO Program will review the Subordination Package and prepare a Subordination Agreement to be recorded against the property. This agreement will be sent with Escrow Instructions to the address provided with the return shipping label for execution by all applicants and recordation. HERO Financing Program Subordination Application —August %O16 8J%O16 Renovate America, Inc. Page 1of3 02115117 CC AGENDA PACKET PG 54 0hero [il"FRO Hinanding flrograii'r�"" Ap ',)hcatk)iri P: 855-CAL-HERO (855-225-4376) F: (909) 494-4335 E: hpasubordinations@heroprogram.com A: 15073 Avenue of Science, San Diego, CA 92128 All l"J["'ILDS ANE REQUIlIN) X14D WJ51- BE COMPLETED IN 11M 1`0 PROCESS YOUR RE(11W,'�IST, ESC ROW/ LU"JIDEIR 51l C'1']ON i"referred Contact riformatioin Please provide the best contact information for questions and confirmations regarding this subordination request. This person should be working with, or on behalf of, the escrow company or lender associated with this transaction. Contact Name: Position Title, Company: Contact Phone Number: Email Address: (XXX) XXX-XXXX lnfon'na�fion for StjbordinaHon Agreeirne^int All information must be complete and accurate. This information will appear on the Subordination Agreement to be recorded against the property. Any changes to this information will cause a processing delay of three business days. Exact Amount of New First Final Mortgage: $ Estimated Settlement Date: (MM/DD/YYYY) Property Address: Lender Company Name: Lender Company Address: Escrow Company Name: Escrow Company Address: State: State: Zip Code: Zip Code: 4,fiil',RO Pro�i')eirty hiforrnatioin HERO ID or Property/Parcel No. Escrow Officer Phone Number: Property Address: Escrow Officer Email Address: County: Escrow Company Name: Escrow Company Address: State: ICity: Zip Code: State: Are you buying or refinancing this property? ❑ Buying ❑ Refinancing Is this property closing in a trust? ❑ Yes ❑ No Trust Name: Title Reference #: Is this a reverse mortgage? ❑ Yes ❑ No Maximum Reverse Mortgage Amount: $ ",scro,w aind 11fle hiformaflm"� Escrow Officer Name: Escrow Officer Phone Number: Escrow Officer Email Address: Escrow Reference #: Escrow Company Name: Escrow Company Address: ICity: State: Zip Code: [Title Company Name: I Title Reference #: HERO Financing Program Subordination Application —August 2016 (D 2016 Renovate America, Inc. Page 2 of 3 02115117 CC AGENDA PACKET PG 55 Ohero 61 ['!. " R1 (") I hriwxiirig �.Irogr,',irn Al")pkc"aficni P: 855-CAL-HERO (855-225-4376) F: (909) 494-4335 E: hpasubordinations@heroprogram.com A: 15073 Avenue of Science, San Diego, CA 92128 AF4,11](AVI" IIIY W(A"UMA'HU'Y Contact hifoirn'aaton for Flrhnair Iq'�Iroperty Owrwr/Buyer First Name: Middle Initial: Last Name: Social Security: Birth Date: (xxx-xx-xxxx) (MM/DD/YYYY) Contact Phone Number: Email Address: (xxx) xxx-xxxx First and Last Name: Mailing Address (if different from Property Address): ICity: State: Zip Code: h'dorniadoiii for Add'ofioriall Pr'operty Owriw(s) / Buyer(s) Property Owner 2: Contact Phone Number: First and Last Name: (xxx) xxx-xxxx Property Owner 3: Contact Phone Number: First and Last Name: (xxx) xxx-xxxx Property Owner 4: Contact Phone Number: First and Last Name: (xxx) xxx-xxxx Acknowiedgemeii'ets This application enables Renovate America to subordinate the HERO assessment, at the request of your lender. Renovate America will provide your escrow company with a Subordination Agreement, who will in turn provide this to your lender. By signing below, 1. 1 understand and agree that if 1, the escrow company or lender, does not provide Renovate America with my credit report, I authorize Renovate America to obtain my credit report using the social security number that I provided above. 2. 1 authorize Renovate America to obtain any additional information about my loan or loan application, and I authorize the escrow company or the lender to release such information to Renovate America at its request, for the purposes of processing the subordination request. Primary Applicant Signature Date Digital or electronic signatures are not acceptable. HERO Financing Program Subordination Application —August 2016 C) 2016 Renovate America, Inc. Page 3 of 3 02115117 CC AGENDA PACKET PG 56 0hero ESCROW INSTRUCTIONS To: Renovate America, Inc. HERO Property Advisors: QS5'[AL-fERO x//m: HERO ID: Escrow Reference # Property Address: Title Co: Applicants: Title Reference# Dear: This letter will serve as escrow instructions from Renovate America, Inc. ("RA") to be followed by the escrow and title companies for the closing of a loan to be made by Lender to Borrower secured by the above Property and subject to the subordination ofan assessment contract. 1. Delivery of Subordination Agreement. In connection with the subordination, we have enclosed an original, partially executed Subordination Agreement ("Subordination Agreement"). You are hereby instructed to perform the following in sequential order: (a) Verify and confirm the information in the Subordination Agreement, specifically: i PnopertyAP0 ii. Legal Description ofProperty iii. Property Owner Information iv. Lender Name and Address (b) Should there be any inconsistent details, you are to immediately notify RAof such inconsistencies via phone RA will amend the Subordination Agreement and return a revised Subordination Agreement. (c) Once you have verified that the information in the Subordination Agreement is correct and complete in all respects' you are instructed to do the following: i Obtain the required signoture(s)ofthe 8orrovver(s)whose name(s) are identified on the signature page nf the Subordination Agreement. ii. Ensure that the signatures in the Subordination Agreement are properly notarized. 2' Closing. (a) All of the following requirements must besatisfied at time of closing prior to recordation: L All information contained in the Subordination Agreement is correct; and ii The Subordination Agreement is fully executed by all required parties and notarized. (b) When all of the above dosing requirements have been fully satisfied, the following shall immediately occur after closing: fc",emargy effi6erdhAum, today. 02115117 CC AGENDA PACKET PG 57 RENOVATE/, k Ohero You will cause the Subordination Agreement to be recorded. ii. You will confirm the closing of the transaction by sending a confirmation email to RA at m or'd,Pnatioras x)f]i�. plEg rirm a:oir i °: and include in that email: a. A copy of the fully executed and notarized Subordination Agreement b. A copy of the final Closing Disclosure or Final Settlement Statement 3. Failure to Close. The closing of the loan is scheduled to occur on or around . If the closing is not effectuated on or around such date, or if you are unable to comply with any of these instructions on or around such date, Vou are hereby instructed to: (a) Notify RA immediately by phone 855 - CAL -HERO (225 -4376) or email HPAsubordinations @heroprogram.com; (b) Continue to hold in escrow the Subordination Agreement; and (c) Take no further action except in accordance with such instructions as may be communicated by RA, which instructions may include directions for the destruction or return of the Subordination Agreement. We reserve the right to amend or modify this letter and to withdraw any and all recordable documents or other documents submitted herewith at anytime prior to recordation. Yom einergy effi6eii,nt future, today Very truly yours, Renovate America, Inc. 02115117 CC A EN A PACKET FAG 58 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: Renovate America, Inc. c/o Scott McKinlay 15073 Avenue of Science San Diego, CA 92128 SUBORDINATION AGREEMENT NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT THIS SUBORDINATION AGREEMENT (the "Agreement "), dated as of 12/09/2015, is made by and among Joe Smith, buyer(s) or owner(s) of the Property (defined below) and hereinafter referred to as "Owner," Renovate America, Inc., a Delaware corporation, the owner of the right to receive all payments and economic benefit of the Assessment Lien (defined below) and hereinafter referred to as "RA," and the Western Riverside Council of Governments ( "WRCOG "). The term "Owner" shall mean the existing owner of the Property if this Agreement is executed in connection with a refinancing transaction, and shall mean the buyer /new owner of the Property if this Agreement is executed in connection with a sale transaction. RECITALS: A. On 11/19/2015, the record owner(s) ( "Record Owner(s)") of the fee title to the real property ( "Property ") described in the Assessment Lien documentation and WRCOG voluntarily entered into an Assessment Contract (the "Assessment Contract ") pursuant to which Record Owner(s) agreed to pay a voluntary contractual assessment in the sum of $27,345 (the "Assessment "), with annual Assessment installments as reflected in the Notice of Assessment and Payment of Contractual Assessment Required, recorded on 12/27/2015, with the county recorder of the county in which the Property is located, Document Number 20155- 0010112 and 2015- 0010111 (the "Notice of Assessment/PCAR "), and covering the Property described as follows: APN: 300 -200 -100 -1 SEE EXHIBIT `A' ATTACHED HERETO AND MADE A PART HEREOF CA- Subordination Agreement (ver.0916) 02115117 CC A EN A PACKET FAG 59 The term "Assessment Lien" as used herein refers collectively to the Assessment, the Notice of Assessment/PCAR, the Assessment Contract and all documentation related thereto. B. On or about 12/10/2015, RA acquired from WRCOG the right to receive all payments and economic benefit of the Assessment Lien and such rights appurtenant thereto and is the present holder of such rights. C. Owner has executed, or is about to execute, a deed of trust and note in the original principal amount of approximately $230,000 (the "Note") dated, or anticipated to be dated, on or around 12/10/2015 (the "Deed of Trust"), in favor of Sample Bank Name ("Lender"), with its principal place of business located at 1234 Street Address City, ST Zip Code, payable with interest and upon the terms and conditions described therein, which Deed of Trust is being recorded concurrently herewith. D. It is in the mutual benefit of the parties hereto that the Lender make to Owner the loan set forth in the Note and secured by the Deed of Trust, and to induce Lender to make such loan, WRCOG and RA agree to the subordination of the Assessment Lien to such Deed of Trust in the manner described below in this Agreement. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in order to induce Lender to make the loan referred to above, it is hereby declared, understood and agreed as follows: 1. Solely as an accommodation to Owner, WRCOG and RA agree to the subordination of the Assessment Lien, on the terms specified below, to the lien under the Deed of Trust upon the recordation thereof as follows: Neither WRCOG nor RA shall (i) commence an action in Superior Court to foreclose ("Judicial Foreclosure Action") upon the Assessment Lien if any installment of the Assessment, or of any interest thereon, together with any penalties, costs, fees, and other charges accruing thereon, are not paid when due, unless and until (A) WRCOG has obtained written authorization, consent or a letter of non-objection from the Lender regarding such action, or (B) the Deed of Trust has been reconveyed; and (ii) have the right to receive proceeds from any foreclosure sale under the Deed of Trust, but only to the extent necessary to enable Lender to recover full payment of all amounts expressly owed and due under the obligation secured by the Deed of Trust; provided, however, that subject to the foregoing, such subordination shall not in any other way (A) affect the light of WRCOG, RA or other owner of the right to receive all payments and economic benefit of such Assessment Lien thereafter and to receive payments of Assessment installments of such Assessment Lien as the same become due and payable, and (B) reduce the amount of any such Assessment installments. Subject to the provisions and limitations of this Agreement, WRCOG and RA do not otherwise waive any other light or remedy to the enforcement of such Assessment Lien, including but not limited to, the right of collection as to delinquent installments of the Assessment, or of any interest thereon, together with any penalties, costs, fees, and other charges accruing thereon, as established and required pursuant to the laws of the State of California. CA-Subordination Agreement (ver.0916) 02115117 CC AGENDA PACKET PG 60 2. The Lender under the Deed of Trust is an intended third-party beneficiary of this Agreement and the terms of the subordination set forth herein shall apply solely to the Deed of Trust and shall terminate upon the termination or reconveyance of the Deed of Trust and shall have no application, force or effect pertaining to any further refinancing of the Property or the sale or other transfer of the Property by Owner. Neither WRCOG nor RA shall have any obligation to further subordinate the Assessment Lien to any extent whatsoever. 3. The terms of this Agreement shall apply solely to the Assessment Lien and do not apply to any other fixed lien assessment, special tax lien or other lien that may be imposed on the Property by any other public agency. 4. By executing the Agreement, Owner hereby reaffirms the validity and continued effectiveness of the Assessment Contract and all documents related thereto and acknowledges it is bound by their terms, including but not limited to, each and every obligation, covenant, promise, declaration, representation and warranty made by Record Owner(s) in the Assessment Lien documentation. 5. Owner verifies that (i) Owner has carefully read this Agreement and has discussed its legal effect with Owner's attomey(s); (ii) Owner has discussed this Agreement's financial effect with Owner's accountant(s); (iii) Owner understands the content of this Agreement and that in executing the Agreement, Owner has not relied on the advice, opinions or statements by Vv`RCOG's and RA's officers, directors, agents, contractors, employees, affiliates, subsidiaries, or attorneys; and (iv) Owner signs this Agreement of Owner's own free will and accord. To the extent Owner has not consulted with Owner's own attorney(s) or accountant(s), Owner acknowledges that Owner was given a reasonable opportunity to do so and, by executing the Agreement, expressly waives such opportunity of Owner's own free will and accord. 6. This Agreement may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as VV`RCOG and RA shall preserve undestroyed, shall together constitute but one and the same instrument. CA-Subordination Agreement (ver.0916) [Signature page follows] 02115117 CC AGENDA PACKET PG 61 44NVRCOG95 Western Riverside Council of Governments 66RA99 Renovate America, Inc. a Delaware corporation By: Its: Authorized Signer or Designee "Owner" Joe Smith CA-Subordination Agreement (ver.0916) 02115117 CC AGENDA PACKET PG 62 EXHIBIT A PROPERTY DESCRIPTION CA- Subordination Agreement (ver.0916) A -1 02115117 CC A EN A PACKET FAG 63 h,MaUecl eriergy and watlei, . . . .. aO igs produxts aind 14 ffRO balanIze - Swripie We've puked together detaits on 1234 Blueberry Lane, Springfield, CA 91211 HERO Product Details Solar Photovoltaic Systems I kvei, fl•ise ptaiduct(M m1d 110 a hortma- Solar Panel P"'10 PC) ID `tk� Manufacturer IN— M"01", M„p I., M [ V d ( , I Panel Wattage QC) So�ai, wcIftef [I t A (Xxxi XXX ds P,aI t �)[ D M—I Pr.- !A, dv M.-b- Quantity Power Rating (W.-) '(Y Mounting Type " . I im Wii,igri I Mi What Comes With HERO Products? ldrf I 1',- 0 HERO Financing Amounts Here are the awic)ui,its for youiI i-,FRO project Papiirod twice per year $X,XXX �1( xx $XXX if dr 0:, 6 /e; .Wu IV r 'J"A r j"V,, 0,,y—I assessment amount Interest rate on assessment X ff $ x X, X x X h'istaltecl ft r�eirgy and milateir saMP igs products and 11E FU ) balaru,:e - !,",41-rIpte 02115117 CC AGENDA PACKET PG 64 L-isting a I AERO Improved Home on the MLS What we recommend including in the Realtor Only Remarks on the MLS. V Include HERO in "Remarks, Total Tax or Other Taxes" section. • Since HERO is a voluntary property tax assessment (added to the tax bill) and not a traditional loan, include additional tax assessment information in Remarks, Total Tax or Other Taxes. • If your MLS does not have specific fields for tax assessment information, we suggest you include the following statement in Realtor Only Remarks: • "Total, property tax amount includes the voluntary HERO tax assessment. • We also recommend checking with your broker about the specific requirements for disclosing HERO. V List any available product warranty information. • Ask the homeowners about any warranty information for products installed through HERO that their contractor may have given them. Keep in mind that not all warranties will transfer to a new homeowner. %e Highlight all recent upgrades on the house. m/ Provide a summary of any electric and water bill savings in the past 12 months. The Public Remarks section is a great place to set[ the benefits of HERO. Here's a quick overview of how a homeowner could benefit from common HERO projects. For specific info on a home, ask the setter to request the details for you. Efficient windows and doors n III High - efficiency HVAC systems Other,cy I Your energy efficient future, today I IAPA.heroprogram,com 1 655- 225 -HERO (4376) 1 HPA(dheroprogram.com Last Updated 0312812016 02115117 CC AGENDA PACKET PG 65 HERO is approved by cities and counties to provide a way for homeowners to install energy- and water saving home upgrades (hat fat their financial situation I ]FRO upgrades can help lower utility bills and create a more comfortable home through irnprovernents such as high - efficiency heating and cooling systems, efficient windows and doors, synthetic turf or solar systerns What I -i ary ei, ^s wl °tam :r orine vv t l °t i ,F11Z 0 ii s f,ssrnieiv it iS scxGa�G HERO is a voluntary property tax assessment Guided to the property tax bill) and is not a traditional loan When a, homeowner sells their horrar,�, the remaining balance on the I IFRO assessment may he able to be transferred to the buyer, along with any other tax, ass(.:,ssirients, similar to Mello-Roos. Subordination of the HE PO aSsr.ssrnent is available if required by the buyer "s lender The buyer is not required to qualify or reapply for HERO If a transfer is not an option, the buyers lende may require the balance be p<;artiatty paid off to hetp with the buyer's debt -to- income rat(') or request a complete payoff to rr; >rnone the HERO assessrnent frorn the hove ,Ic w a IiF lf0 aBsse'sSilI'le,rrt gets [ Mth (he a.ouWy The HI RO Prograrn initiates the recording of a do( unient called the Notice of Assessment and Payment of Contractual Assessrnent Required within the property s county. I fie recording of the dc.x iinient represents a single property tax assessment Wltsers° wr:� t:,rggg c, s ,1 I�sft r ra 411_l�,r:1r ,R s sanssryi: int rrrr Pfias Iitla" G =l r, Itr'rrt: Each Hf R() ass _swent should be listr,d undue `(,Ll it DUEL B Section W Fxr r,ptions as a line itern witi the Assessrnent and other rnatters section, prior to listing any lief is or deeds of trust I liow wc, ;atvsigii.,st. hshna.g as HER() l4s,jo(!iH. Here's some sample language: Assessments and ether inatters as contained in the rocotcied documents entitic,d Notice of Assessment and Paayrn<-rit of Contractual Arse ,srnent Required, recorded on <Date> as Document No. <Dor,44 >, Ofdcial Records, pursuant to Chapter 29 of Part 3 of Division 7 of Use California Streets and I lirth'.waays Code providing for the a s,essrnents of <Recordinq p,- ty> Such Assessments collected with County Taxes 0_21115�,117CCAGENDAPACKETPG 66 Guide !0 Talking About HERO HERO is a great choice for financing energy-efficient home improvements. HERO /sa new way krfinance horne improvements that save eneray and water - indodingHVA[.vwndows roofs/doors, solar, drip irrigation, artificial turf, and many more types of upgrades. Property Assessed Clean Energy (PACE) legislation in California allows you to spread payments out over 5. 20' 15. 20\ or 25 years, based on the useful life of the product Pa�ments are made through a line item on your rxoperty tax Lill. Because the imVu`vernent stays with the property, you may be able to transfer any remaining balance to the new owner when you sell your home depending on the buyer and certain requirements their lender may have. Interest rates are fixed - and avef.ornpe1itiv with other options like home equity lines o[ credit and credit cards. And there's no penalty i( you pay off early. Eligibility is not based on your credit score. The HERO Program checks criteria such as the equity you have in your home and your payment history todehs/mineeligibility. Installed products have to be efficient. There are over 6U different types ofenengy-ehcient, renewable energy, and water-saving products that qualify for financing through HERO, inciuding solar systems, heating, ventilation, air conditioning (HVA[), roofing/ insulation, drought--tolerant landscaping, and rnure, HERO requires all products installed to meet applicable local, state or federal efficiency standards - nriany of these upgrades car) help lower your utility bills, HERO has industry- lead ing consumer protections. We are part cfa network of HERD Registered Contractors who are all verified, and have agreed not to be paid until you sign off that the project has been completed to your satisfaction, You have three-day right \ocancel. HFRD wit[ work with you to provide inhzrrnat/on regarding the key terrns of your financiog, HERO makes training available \u contractors under the HERO Program, |f you have a question or concern, you can call HERO ai855'HLRD-4l1 HER0 requires contractors \oadhere to Hi R{}'s consumer protection poUc/es. 02/15117CCAGENDA PACKET PG 67 HERO provides "free government nnnney^that does not need to be paid back. HERO payments are transferable tua new owner if you setL HERO interest rates are "low" or "affordable." HERO upgrades will increase your 1,,iorne's property value. HER{} is tax-deductible. HERO is a government-sponsored, a government- incentive program or the government can help you pay for the improvement. HERO is the best borrowing option for homeowners. You are pre-approved or pre-qualified. HERO provides a financing option that ispaid back with your property taxes. HERO payments may be transferable 1oanew owner if you sell, but you may need to pay off the balance. HERO interest rates are fixed and competitive with other options. HERO upgrades may increase your home's property value. interest on HER() payments may betax- deducdble. Consult with your tax advisor. Your local government allows HERO financing to be repaid along with your property taxes— you repay the full amount over time. HERO isa good financing option for many homeowners. Please contact the HERO Program to see if you may qualify. Based on public data that estimates your home equity, your property may be eligible for 02/15117CCAGENDA PACKET PG 68 These Renovate America Terms and Conditions ("Terms and Conditions ") apply to all Contractors ( "Contractors" or "Registered Contractors ") who register with Renovate America, Inc. ( "Renovate America ") to introduce financing products offered by Renovate America or its Affiliates (the "Financing Products" and each a "Financing Product'), including (without limitation) through the HERO Program and /or Benji programs, and who execute the Registered Contractor Participation Agreement (the "Agrcemenf) with Renovate America. For purposes hereof, an "Affiliate" of Renovate America shall be any subsidiary of Renovate America and Renovate America together with its Affiliates shall be referred to herein as the "Renovate America Entities" and each a "Renovate America Entity." These Terms and Conditions may be modified from time to time by Renovate America; a copy such Terms and Conditions will be provided to Registered Contractor upon their modification. 1. Contractor Duties and Obligations I.I. Contractor Registration Requirement 1.1.1. All Contractors who install, or subcontract the installation of, products financed by a Financing Product ( "Products ") must register with Renovate America. 1.1.2. Contractor must register with Renovate America to become a "Registered Contractor" by providing all business and other relevant information requested by Renovate America for such registration. if required by the state, city, county or other municipality or by law where the Registered Contractor is doing business or is located, such Registered Contractor must also possess an active, valid contractor's license (a "License ") issued by the applicable licensing organization ( "Licensing Board"), including, without limitation, in California, by the California Contractors State License Board ( "CSLB "), including but not limited to meeting all bonding and workers compensation insurance requirements associated with such License (if applicable). For the avoidance of doubt, a License that is expired, suspended, revoked subject to probation, or has additional status codes does not qualify as an active, valid License under these Terms and Conditions. 1.1.3. In order to access the HERO Program, each Qualifying Individual shall register with Renovate America on behalf of the Registered Contractor, including, without limitation, completing the Renovate America identity verification process. A "Qualifying Individual" is a person who is designated as an RMO, RME, RMG, RMM, Sole Owner, Qualifying Partner or similarly identified individual with or by an applicable Licensing Board, if registration with such applicable Licensing Board is required. 1.1.4. Only an individual who is authorized to act on behalf of, and who is responsible for the actions of, a Registered Contractor (the "Authorized Signatory") may execute this Agreement, and only upon completion of the Renovate America identity verification process. The Authorized Signatory will be the initial account administrator ( "Original Company Admin ") for the Registered Contractor. Without limitation of the obligations of Affiliated Individuals, Registered Contractors shall remain fully responsible for all of the acts and omissions of its Affiliated Individuals with respect to the terms and conditions applicable to such Affiliated Individuals hereunder. 1.2. Requirement to Register Individuals I.2.1. Registered Contractors shall register, or require registration of, all Affiliated Individuals performing Services in connection with a Financing Product, as described below. 1.2.1.1. "Affiliated Individuals" means all employees, entities, owners, partners, principals, independent contractors, third party agents or other person who perform any Services for the Registered Contractor in connection with a Financing Product. 1.2.1.2. "Services" means any sales, installation, advising, construction, creative services, digital marketing, lead generation, inspection or any other services delivered in connection with a Financing Product. 1.2.2. All Affiliated Individuals will be required to submit personal identifying information to register with Renovate America, including but not limited to names and addresses, last 4 characters of social security numbers and dates of birth, and all information necessary to perform identity verification and /or background checks on such Individuals ( "Registered Individuals "). Renovate America reserves the express and unilateral right to deny registration to any Affiliated Individual whose identity it cannot verify, or who has committed fraud, has been convicted of a felony, has not registered with the applicable Licensing Board(s) when required to do so, is in an active bankruptcy proceeding, has an open warrant for arrest or has engaged in any other conduct reflecting character traits that Renovate America finds, in its sole discretion, to be unsuitable. 1.2.3. Only Registered Individuals may participate in a Financing Product, and each Registered Contractor must attest to their compliance with this requirement. Any Registered Contractor who permits or encourages any individual who is not registered with Renovate Registered Contractor Terms and Conditions — Version 3.2 — November 2016 O Copyright 2016 Renovate America, Inc. All rights reserved. Page 1 of 11 Authorized Signatory's Initials: -2111.x/17 CC AGENDA PACKET FAG 69 America to provide Services that are related to, or connected with, a Financing Product to anyone, including but not limited to property owners ( "Property Owners "), shall be subject to the provisions set forth under the paragraphs entitled "Violation of Registered Contractor Participation Agreement." 1.2.4. If a Registered Contractor uses any Registered Individuals who are required to register with a Licensing Board (e.g. employees, subcontractors, independent contractors, third party agents, or salespersons) to perform Services related to a Financing Product, it shall require those Registered Individuals and entities to: 1.2.4.1. comply with all of these Terms and Conditions (including but not limited to those related to insurance); I.2.4.2. hold a current License or registration in the specialty for the work being performed, if required; and 1.2.4.3. limit the work performed to that for which such individuals and entities hold required licenses or registrations. 1.2.5. If a Registered Contractor uses any Registered Individuals who are exempt from License registration (e.g. employees, creative service providers, digital marketers, lead generators, subcontractors, independent contractors, third party agents, or salespersons) to perform Services related to a Financing Product, it shall require those Individuals and entities to: 1.2.5.1. comply with all of these Terms and Conditions (including but not limited to those related to insurance); and 1.2.5.2. limit the work performed to that for which such individuals are qualified. 1.2.6. Each Registered Contractor shall further qualify (in addition to any such qualification that may have been completed as part of the Terms and Conditions hereunder) its /his/her Registered Individuals by performing background checks and credit verifications to confirm that such Registered Individuals have been ethical in their past engagements, are of sound and honest character, and have no prior felony convictions. Registered Contractors may contact Renovate America at any time to discuss any questions regarding this requirement. 1.2.7. Registered Contractors shall remain responsible for all work performed by its /his /her Affiliated Individuals performing Services in connection with a Financing Product. 1.2.8. Registered Contractors shall maintain and provide to Renovate America upon request complete personal and project identifying information for all Affiliated Individuals engaged to perform Services in connection with any project related to a Financing Product. 1.3. Assignment of Authority to Certain Portal Users 1.3.1. Only the Original Company Admin may assign authority to other Affiliated Individuals which register with Renovate America to (i) authorize work associated with a Financing Product, (ii) execute any Completion Certificate provided by a Renovate America Entity, (iii) add and edit Product payment instructions, and (iv) add and manage Portal User Accounts. The Original Company Admin assigns this authority by making other Affiliated Individuals one of the following Registered Contractor Portal ( "Portal ") User Roles: (i) Company Admin, (ii) Office Admin, (iii) Company Manager, or (iv) Office Manager. The Original Company Admin is responsible for all actions of Affiliated Individuals in those Portal User Roles. 1.4. Registration Data; Account Security 1.4.1. In consideration of its use of the Portal, a Registered Contractor must: (i) provide accurate, current and complete information about itself, as may be sought during the Site registration process ( "Registration Data "); (ii) maintain the security of its password and identification; (iii) maintain and promptly update the Registration Data, and any other information it may provide to a Renovate America Entity, to keep it accurate, current and complete; (iv) enter accurate electronic payment instructions and promptly revise payment instructions as needed to ensure accurate processing of Financing Product payments to Registered Contractor; (v) revise the information on file with Renovate America within 5 business days in the event of any changes filed with an applicable Licensing Board, (vi) be fully responsible for all use of its Portal Account and for any actions that take place using its Portal Account, including, but not limited to, compliance with any terms and conditions applicable to the Portal; and (vii) accurately maintain all Portal User Accounts including but not limited to maintaining accurate phone numbers, email addresses, and promptly deleting Portal Users who are no longer associated with the Registered Contractor. Registered Contractors will be required to comply with all Terms and Conditions governing the use of the Portal, its functionality and its content. Registered Contractor Terms and Conditions — Version 3.2 — November 2016 © Copyright 2016 Renovate America, Inc. All rights reserved. Page 2 of 11 Authorized Signatory's Initials: -2/1.x/17 CC AGENDA PACKET FAG 7 Reg iii s to uivd Contractor i " rtriins ����c� iun in ffi on 1.5. Property Owner (Consumer) Personally Identifiable Information 1.5.1. Registered Contractors and their Registered Individuals recognize that Property Owners may be required to provide their personally identifiable information ( "PIP') to Renovate America Entities to become approved. If required, Property Owners shall provide their PH to the Renovate America Entities directly and not through Registered Contractors or through Registered Individuals, unless express consent is otherwise provided by Property Owner to a Renovate America Entity. Registered Contractors shall not, and shall insure that their Registered Individuals shall not, request, obtain, save, use or otherwise access the PII of any Property Owner who has applied or will apply for any Financing Product. 1.6. Renovate America May Inspect Products and Installations. 1.6.1. Renovate America reserves the right to perform independent on -site validation(s) of any Products related to a Financing Product even if permit inspections have already been completed. If a validation visit is required, Renovate America staff will schedule any such on -site validation visit with the Property Owner, at any reasonable time and with reasonable notice. 1.6.2. Registered Contractors understand that Renovate America reserves the right to review and validate each Financing Product for a project associated with any Property Owner. 1.7. Sales and Marketing Representations 1.7.1. Renovate America prohibits any Registered Contractor from purchasing, owning, acquiring, buying leads, or receiving any benefit, from websites (URLs), social media accounts, orother media containing the names HERO, Renovate America, Benji, Benji Financing or any other site, webpage, or social media account that a Renovate America Entity finds to be unacceptable, and if a Registered Contractor has any such interest, it shall immediately terminate and relinquish it. For the avoidance of doubt, the prohibition described in the immediate preceding sentence does not apply to websites (URLs), trademarks, or other intellectual property assets of a Renovate America Entity, the use of which Renovate America has authorized. 1.7.2. Renovate America prohibits the use of information of or regarding any Renovate America Entity or Financing Product when generating leads. This prohibition applies (but is not limited to) to use by all lead generation and marketing companies, and by Registered Contractors. In addition to other remedies that Renovate America may seek (including but not limited to termination of a Registered Contractor from participation with any or all Financing Products and of the Agreement), any Registered Contractor who violates this provision shall be liable for all representations made by any such person, company, agency or firm. 1.7.3. Renovate America reserves the right to review and approve, or require changes, to any and all advertising, marketing, or promotional copy or material which references any Renovate America Entity or Financing Product which is developed or used by Registered Contractor. Renovate America may also notify the Contractor of any additional items and require changes at any time at its sole discretion. Renovate America may also require the Contractor to submit copy and materials for pre - approval. 1.7.4. Registered Contractors may only use the logo of a Renovate America Entity or Financing Product (e.g. the HERO Registered Contractor logo or Benji Registered Contractor logo) on printed materials, websites, or social media accounts, in accordance with the terms hereof and applicable program requirements. No other Renovate America Entity or Financing Product - related logo may be used. 1.7.5. Registered Contractors may refer to themselves as registered with a Renovate America Entity (e.g. as a HERO Registered Contractor (only if applicable) or a Benji Registered Contractor (only if applicable)) on places where the Registered Contractor displays their logo. To be eligible to use the logo of a Renovate America Entity, the Registered Contractor's logo must be the prominent logo displayed, and there can be no confusion between the Registered Contractor and the Renovate America Entity or Financing Product offering, logo or products. 1.8. Registered Contractor Code of Conduct 1.8.1. Registered Contractors, on behalf of themselves and their Registered Individuals, shall: 1.8.1.1. Only perform installation of Products in accordance with applicable Licensing Board licensing rules and regulations and applicable law and regulations. Registered Contractor Terms and Conditions — Version 3.2 — November 2016 © Copyright 2016 Renovate America, Inc. All rights reserved. Page 3 of 11 Authorized Signatory's Initials: -2/1.x/17 CC AGENDA PACKET FAG 71 P" I� teir d Contiractor Ter'nis and Condifloins 1.8.1.2. Conduct business with Property Owners on a legal, respectful, ethical, fair and equitable basis. 1.8.1.3. Ensure that Registered Individuals present identification (as determined by Renovate America) establishing their affiliation with a Registered Contractor upon initial contact with a Property Owner, whether such contact occurs in connection with canvassing, sales, service or any other occasion upon which such representatives enter onto a Property Owner's premises. 1.8.1.4. Comply with all procedures and other requirements set forth by Renovate America with respect to providing Property Owners with information or documentation related to the Financing Product. 1.8.1.5. NOT increase the price of any Products or Services provided to Property Owners in the amount of or as a result of any fee charged to the Contractor by a Renovate America Entity. 1.8.1.6. NOT, after a Property Owner has been approved for a Financing Product, take any action to personally, by telephone, mail or otherwise, solicit or entice such Property Owner to apply for or use a form of financing, in whole or in part, that is offered by anyone other than a Renovate America Entity. 1.8.1.7. Present the Completion Certificate for signature to the Property Owner only after completion of the project and when the Property Owner is satisfied and is ready for the Renovate America Entity providing the Financing Product to release funds to the Registered Contractor. 1.8.1.8. Seek always to provide high value products and services best suited to a Property Owner's request or needs. 1.8.1.9. Install Products for reasonable, market -based prices that are within industry price guidelines. 1.8.1.10.Protect Property Owners, especially those in protected classes such as elders, from and against any exercise of undue influence that could lead to adverse purchasing, pricing and financing decisions. 1.8.1.11.If applicable, maintain active, participating and good standing status as a member of all applicable Licensing Boards, and participate in continuing education in its /his/her chosen area of expertise, as well as in the Renovate America requirements, policies and procedures. 1.8.1.12.Have a written contract which complies with any and all applicable Licensing Board guidance and laws with the Property Owner stating all proposed work and services. 1.8.1.13.Obtain all legally required building permits, on behalf of the Property Owner, and follow through in obtaining sign off or approval from any authority with jurisdiction over any project on which Contractor works. 1.8.1.14. Use sound and legally compliant hiring practices, including but not limited to conducting credit and background and screening checks on all employees, temporary staff, contract employees, subcontractors and third party associates to assure that such persons comply with Registered Contractor's legal and ethical obligations described in these Terms and Conditions. 1.8.1.15. Provide Renovate America training (as requested by Renovate America) for all employees, subcontractors and third party associates of Registered Contractors. 1.8.1.16. Maintain and provide Renovate America with copies of requested documents that relate to projects financed by or through a Renovate America Entity, as well as documents that relate to Registered Contractor certifications, licenses, or insurance/bonding. 1.8.1.17.Act in good faith to promptly notify Renovate America of any complaint or grievance that a Property Owner has raised with the Registered Contractor, and promptly resolve any complaint or grievance that a Property Owner has raised with any Renovate America Entity, Registered Contractor and /or any government entity, association or other entity associated with a Property Assessed Clean Energy (`PACE ") program or other Financing Product. 1.8.1.18. Document and retain records regarding the resolution of all Property Owner disputes with a Registered Contractor for Renovate America's review and assessment. Registered Contractor Terms and Conditions — Version 3.2 — November 2016 © Copyright 2016 Renovate America, Inc. All rights reserved. Page 4 of 11 Authorized Signatory's Initials: -2/1.x/17 CC A GENDA PACKET FAG 72 1.8.1.19.Comply with the letter and the intent of all provisions of relevant federal, state and local laws, ordinances and regulations, including (without limitation), if doing business in California, the California Business and Professions Code. 1.8.1.20.Comply with all local, state and federal marketing and telemarketing laws, regulations and rules, including but not limited to the Telephone Consumer Protection Act and the Truth in Lending Act. 1.8.1.2 L. With respect to elderly homeowners 65 years of age or older (and without limitation of other obligations hereunder), (a) fully disclose and not misrepresent applicable information about the products and installation services, (b) not engage in unfair, deceptive or abusive acts or practices, and (c) not discriminate based on age regarding any aspect of the services performed. 1.8.1.22. Inform Property Owners of all Financing Products that are available to them and present Property Owners with all approvals of which the Registered Contractor is aware for Financing Products for which the Property Owner applied. 1.8.1.23. Not provide, or even appear to provide, tax advice to Property Owners regarding any aspect of HERO Program financing. The HERO Program provides a simple tool on our website that is merely intended to provide Property Owners the ability to easily quantify the potential effects if they determine potential tax benefits associated with interest on HERO payments may apply. If asked about the tax aspects of HERO Program financing, Registered Contractors should advise Property Owners to consult their tax advisor. 1.8.1.24.Not contradict when communicating with Property Owners any terms regarding the HERO Program, including, without limitation, that the HERO Program financing is to be an assessment levied against the Property Owner's property, that administration fees and interest will apply and that the maximum term of the financing depends upon the useful life of the Eligible Products selected and the state where the Eligible Product(s) are installed, and may be 5, 10, 15, 20, or 25 years and that the Property Owner can select a term which is less than or equal to the maximum for the Eligible Product. Registered Contractors must refer any question regarding the HERO Program terms to the HERO Program call center. 1.8.1.25. When asked by Renvoate America, present Property Owners with the full and complete set of HERO Program financing documents, which include all pages of the Assessment Contract, Application, Financing Summary, and all other HERO Program documents. Any Property Owner questions regarding HERO financing should be directed to Renovate America for response. Registered Contractors, and their Affiliatied Individuals, may not address Property Owner questions regarding HERO financing. 1.8.1.26. Analyze accurately each Property Owner's energy usage, and anticipated energy savings likely to result from any Eligible Product (defined below) installation following standards that can withstand independent, third party review and analysis. 1.8.1.27. Comply with the Eligible Product requirements of the HERO Program. Install only Eligible Products for reasonable, market - based prices that are within industry price guidelines and that do not exceed the HERO Program maximum guidelines. 1.8.1.28. Conduct business in accordance with prudent industry standards and in good faith in consideration of the private - public partnership nature of the HERO Program. 1.9. Violation of Registered Contractor Participation Agreement 19.1. If in its sole, reasonable discretion Renovate America concludes that a Registered Contractor has violated this Agreement, it may terminate, suspend or take other remedial action regarding this Agreement and the Registered Contractor's participation in any program or provision of Financing Products. Renovate America shall have the right to notify any and all entities participating in or otherwise related to the PACE industry of any violations of this Agreement, and any actions that Renovate America has taken against a Registered Contractor, including but not limited to its suspension or termination of a Registered Contractor from participation in any program or provision of Financing Products. Renovate America shall have the right to offset any amounts otherwise due to Registered Contractor. Renovate America reserves the right to seek legal and equitable remedies against any Registered Contractor who violates the Agreement or any local, state or federal law. The Registered Contractor agrees to waive any and all claims for damages against any Renovate America Entity, its individual representatives, Property Owners and any government entity associated with a Renovate America Entity or the PACE industry, including but not limited to the loss of anticipated profits, resulting from termination or suspension of the Agreement. In addition, Registered Contractors acknowledge that violations of the Agreement could cause Registered Contractor Terms and Conditions — Version 3.2 — November 2016 0 Copyright 2016 Renovate America, Inc. All rights reserved. Page 5 of 11 Authorized Signatory's Initials: -2/1.x/17 CC AGENDA PACKET FAG 73 irreparable harm to Renovate America Entit(ies) for which monetary damages may be difficult to ascertain or which may be an inadequate remedy. The Registered Contractor therefore agrees that Renovate America will have the right, in addition to its other rights and remedies, to seek 'injunctive relief for any violation of the Agreement. 1.9.2. While the following list of violations or unacceptable conduct is not exhaustive, it identifies conduct that could lead to suspension or termination of Registered Contractor's participation under the Agreement and/or expose a Registered Contractor to monetary damages: 1.9.2.1. Misrepresentation on the part of a Registered Contractor (including any subcontractor, independent contractor, creative service providers, digital marketers, lead generators or third party agent) regarding a Renovate America Entity or Financing Product, including but not limited to financing terms, the performance of Products or savings that Products may generate. 1.9.2.2. Misuse or unauthorized use of any copyright, trade secret, trademark, patent or other intellectual property associated with or owned by a Renovate America Entity or Financing Product. 1.9.2.3. Failure to comply with any of the terms and conditions of the Agreement, (including these Terms and Conditions and any addendums hereto) or the Renovate America processes which are defined in by materials provided by a Renovate America Entity. 1.9.2.4. Criminal activity, unethical conduct and /or any act of fraud in conjunction with any activities related to a Renovate America Entity or a Financing Product. 1.9.2.5. Increasing the price of Products or Services or arranging Financing Products such that money is paid to or received by a Property Owner from a surplus resulting from funding that exceeds the costs directly associated with the installation of Products. 1.9.2.6. Unethical misconduct reported by a Property Owner or discovered by a Renovate America Entity. 1.9.2.7. Association with, or engaging any person(s), as an employee, subcontractor or independent contractor, who has been suspended or terminated from offering any Financing Products as provided hereunder or is not in good standing with an applicable Licensing Board. 1.9.2.8. Failure to pay a supplier, subcontractor, independent contractor or third party agent for any reason in a timely manner for any equipment, material or labor associated with a Financing Product resulting in the recordation of, or the threatened recordation of, any mechanics' liens against a Property Owner's property. 1.9.2.9. Poor work performance including work abandonment, incomplete work, poor workmanship, design flaws or damage to property resulting from an installation or other action or inaction or related to the work performed in connection with a Financing Product. 1.9.3. To the extent a Registered Contractor fails to meet the requirements of this Agreement, or any other requirements of a Renovate America Entity, and believes in good faith that he or she otherwise meets the consumer protection and other policies of a Renovate America Entity or a Financing Product, such person may submit a request for a variance, and Renovate America shall determine whether to grant such variance in its sole discretion. Renovate America shall respond promptly to any such request. 1.10. Third Party Providers 1.10.1.1n addition to complying with the requirements of the Agreement, Registered Contractors agree to comply with all installation, equipment, maintenance and other requirements third parties have established for any Products to be installed on a Property Owner's premises and that are associated in any way with a Renovate America Entity or a Financing Product. 1.11. Mechanics' Liens 1. 11. I.Registered Contractors agree to ensure that their suppliers, materialsmen, subcontractors and laborers do not file, record, serve or cause to be filed, recorded or served a preliminary 20 -day notice or mechanics' lien (or equivalent) against the property of any Property Owner for which improvement work, arising from or related to the Agreement has been undertaken. Such efforts shall include, but Registered Contractor Terms and Conditions — Version 3.2 — November 2016 © Copyright 2016 Renovate America, Inc. All rights reserved. Page 6 of 11 Authorized Signatory's Initials: -2/1.x/17 CC AGENDA PACKET FAG 7 l ��� t d (0ointractor Teii imps aind Coindiflons shall not be limited to, the timely payment to suppliers, materialsmen, subcontractors and laborers for all goods, services or labor furnished in connection with any work of improvement, arising from or related to the agreement. 1.12. Business Licenses 1.12. LRegistered Contractors must obtain all business licenses that any jurisdiction in which it will be performing work may require. 1.13. Direct Payments 1.13.1.Any payment made by a Property Owner to a Registered Contractor that is related to Products or Services, but is not related to a Financing Product and is made without the participation of a Renovate America Entity shall be distinct and separate from any Financing Product provided to such Property Owner, shall be the sole responsibility and liability of the Registered Contractor and no Renovate America Entity will have any responsibility or liability in relation to such payment. 1.13.2. Registered Contractor agrees that any Renovate America Entity may designate any third party as payee of any amounts otherwise due to contractor in accordance with the procedures or terms of any payment program offered by any Renovate America Entity, in which the Registered Contractor participates. 1.14. Insurance 1.14.1. Throughout the term of the Agreement, the Registered Contractor will procure and maintain adequate levels, as determined by Renovate America in its sole discretion, of Commercial form General Liability, Business Automobile Liability, Workers' Compensation and Employers' Liability insurance. if the Registered Contractor is providing professional design, engineering or other professional services (including Design - Build), it shall maintain Professional Liability /Errors and Omissions insurance covering liability arising out of error, omission, or negligent act in the performance, or lack thereof, of professional services contemplated under the Agreement. 1.14.2.Minimum levels are: (i) Commercial form General Liability: $2,000,000 General Aggregate; $1,000,000 Each Occurrence— combined single limit for bodily injury and property damage; (ii) Business Automobile Liability: $1,000,000; (iii) Workers' Compensation and Employers' I.Jability: $1,000,000; (iv) Professional Liability/Errors and Omissions: $1,000,000. 1.15. Intellectual Property 1.15. LAl1 Intellectual Property provided by a Renovate America Entity or any of their respective representatives to Registered Contractor shall remain the sole and exclusive property of such Renovate America Entity. In no event shall Registered Contractor reproduce or use any items developed by a Renovate America Entity or any of its respective representatives without their prior permission. 1.16. Legal Authority 1.16.1.Registered Contractor's signatory to the Agreement hereby certifies possession of the legal authority to execute the Agreement. 1.17. Disclaimer of Liability 1.17.1.Each Registered Contractor is responsible for performing the evaluation and technical feasibility of any design, system, appliance, or any measure installed as to its operational capability and reliability. Renovate America Entities disclaim any, and assume no, liability with respect to, the quality, safety, performance, or other aspect of any design, system, appliance, or any measure installed pursuant to the Agreement. Registered Contractors are not and shall not be construed as agents or representatives of Renovate America Entities to any context, matter, or proceeding, and shall not act on behalf of (or purport to act on behalf of) Renovate America Entities in any way whatsoever. I.17.2.Renovate America cannot guarantee that any Property Owner will select a specific Registered Contractor to install Products. Additionally, no Renovate America Entity can guarantee that the Registered Contractor will be paid if it fails to satisfy the Property Owner's needs or to meet the requirements hereunder or related to a Financing Product. For the avoidance of doubt, a Registered Contractor must satisfy the Property Owner(s) requirements before a Renovate America Entity will release funds. Registered Contractor Terms and Conditions — Version 3.2 — November 2016 © Copyright 2016 Renovate America, Inc. All rights reserved. Page 7 of 11 Authorized Signatory's Initials: —2/1.x/17 CC AGENDA PACKET FAG 75 1.17.3.Each Registered Contractor's compensation shall be determined and paid solely based upon agreement between the Registered Contractor and the Property Owner. The Renovate America Entities and each of their principals, affiliates, agents, and any governmental entities associated with a Financing Product and any party, other than the Property Owner and the Registered Contractors, shall have no responsibility of any kind for the payment of compensation for work, service and goods provided in connection with a Financing Product. 1.18. Indemnification 1.18.1.At its sole cost and expense, each Registered Contractor shall indemnify, defend and hold harmless the Renovate America Entities and each of their officers, directors, shareholders, agents, contractors, employees, affiliates and their respective successors and assigns, against any and all liability, claims, losses, costs, expenses, penalties, fines, forfeitures, judgments and damages, including attorneys' fees and costs, both direct and indirect, by whomsoever asserted, arising out of or in connection with (i) any matter which is a subject of or related to a Financing Product, including but not limited to the installation of any Product, or (ii) any act or omission of the Registered Contractor, its agents, employees, contractors, subcontractors and/or suppliers, in the performance of the work under the Agreement or a Financing Product, whether intentional or negligent, active or passive, or (iii) the Registered Contractor's breach of any provision of the Agreement, excepting only such losses, damages or liability to the extent caused by the sole negligence or willful misconduct of a Renovate America Entity or its employees. 1.19. Waiver 1.19.I.No provision of the Agreement may be waived unless agreed to by Renovate America in writing. Failure to insist upon strict performance of any provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such a breach, shall not constitute a waiver of any right under the Agreement. 1.20. Governing Law and Venue 1.20.1.The Agreement and these Terms and Conditions shall be governed by the laws of the State of California, except to the extent the property assessed clean energy law of a specific state is directly applicable. Any action hereunder must be instituted and proceed in the Superior Court of the County of San Diego, California (or, if the federal courts have exclusive jurisdiction over the subject matter of the dispute, in the U.S. District Court for the Southern District of California). 1.21. Equal Opportunity 1.21.1. Registered Contractor agrees to operate its business in compliance with all state and federal laws regarding employment and the fair provision of its services. Registered Contractor expressly agrees not to discriminate in the course or conduct of its business based on race, creed, ethnicity, religion, national origin, gender, sexual orientation, or age. 1.22. Severability 1.22.1.I17 any provision under the Agreement or its application to any person or circumstance is held invalid by any court of lawful jurisdiction, this invalidity does not affect other provisions of the Agreement which can be given effect without the invalid provision. 1.23. Compliance with Law and Agreement 1.23.1. Registered Contractor, at the commencement of their relationship with a Renovate America Entity and on each anniversary thereof, must sign an attestation affirming compliance with all federal and state laws, rules and regulations, including without limitation those related to the installation of Products, and, if applicable, those related to the delivery to Property Owners of a three (3) day right of rescission, as well as with the terms of the Agreement. 1.24. Termination 1.24.1.Renovate America may terminate, or for any duration suspend, the Agreement and any Registered Contractor's ability to provide a Financing Product, without cause at any time and for any reason. Each Registered Contractor agrees to waive any and all claims for damages against all Renovate America Entities and each of their representatives, including but not limited to loss of anticipated profits, resulting from such Registered Contractor's suspension or termination. Registered Contractor Terms and Conditions — Version 3.2 — November 2016 © Copyright 2016 Renovate America, Inc. All rights reserved. Page 8 of 11 Authorized Signatory's Initials: -2/1.x/17 CC A GENDA PACKET FAG 76 1.25. Assignment. Registered Contractor may not assign the Agreement or its registration with Renovate America without Renovate America's prior written consent. 1.26. Confidentiality. 1.26.1. Confidential Information. By virtue of this Agreement, Registered Contractor may have access to one or more Renovate America Entity's Confidential Information related thereto. "Confidential Information," as used in this Agreement, means any and all information of or regarding a Renovate America Entity that is disclosed orally, visually, electronically, or in writing, and any and all information of or regarding Renovate America Entity of any nature described in this Agreement as confidential or that reasonably should be understood to be confidential, including (without limitation) the terms and conditions of this Agreement. Contractor shall only disclose Confidential Information to its employees, consultants and agents who need to know such information solely for the purpose of performing as a Registered Contractor hereunder or to its advisors, accountants, or attorneys, provided that any such third parties shall, before they may access such information, either (a) execute a binding agreement to keep such information confidential or (b) be subject to a professional obligation to maintain the confidentiality of such information and Contractor shall be responsible for any breach of the Agreement by those entities or persons with whom it has disclosed Confidential Information pursuant to this Agreement or otherwise. 1.26.2. Exclusions. Confidential Information shall not include information that: (a) is or becomes publicly known through no act or omission of Contractor; (b) was in Contractor's lawful possession prior to the disclosure, (c) is rightfully disclosed to Contractor by a third party without restriction on disclosure; or (d) is independently (and without reference to Confidential Information) developed by Contractor, which independent development can be shown by written evidence. 1.26.3. Use and Nondisclosure. Contractor shall not make Confidential Information (including the terms and conditions of the Agreement) available to any third party for any purposes other than exercising its rights and performing its obligations under the Agreement. Contractor shall take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of the terms of the Agreement, but in no event will it use less effort to protect the Confidential Information than it uses to protect its own confidential information of like importance. Notwithstanding the foregoing, Confidential Information may be disclosed as required by law, provided that before disclosing such information, Contractor must provide Renovate America with sufficient advance notice of the request or requirement for the information to enable Renovate America to exercise any rights it may have to challenge or limit disclosure of the Confidential Information (to the extent allowed by law). Without limiting any other provision of this Section 1.26, and for avoidance of doubt, Contractor shall not share, disclose, or otherwise make available, Confidential Information to any competitor of a Renovate America Entity. 1.26.4. Contractor Information. Renovate America may, but shall not be obligated to, disclose to any third party any information, including Confidential Information, that in any way relates to or is obtained from Contractor. 1.26.5. Survival. This Section 1.26 shall survive termination of the Agreement. 2. HERO Program Additional Duties & Obligations for Residential Properties By participating in the HERO Program, Contractor affirms receipt of, familiarity with, and agrees to abide by all applicable terms and provisions reflected in Section 1 above and this Section 2 of the Terms and Conditions and the HERO Program Registered Contractor Participation Agreement Reference Materials (the "Reference Materials "), as such Reference Materials exist from time to time. A current copy of the Reference Materials may Nadt ,. / /�w n v Big rI�, ,l,uulw�ruQ g. .,wt;aie w iaa,. The Reference Materials may change from time to time. By continuing to participate be found at �l 6 _ u.y,a�uan/� °�°P °,,, in the HERO Program, Contractor agrees to the then - current version of such documents. 2.1. HERO Program Overview 2.1.1. The HERO Program provides financing to Property Owners for the installation of eligible energy, renewable energy and, where allowed under state law, water efficiency systems and other improvements allowed under applicable state law that are permanently affixed to properties that the HERO Program lists on its Eligible Product List, or that the HERO Program approves with respect to their form, fit and function in advance as a custom product (collectively "Eligible Products "). Through the HERO Program, an assessment is levied against a participating property and will be repayable through regular payments over the term of the Assessment. The period of repayment is tied to the useful life of the Eligible Product(s), which ranges from 5 to 25 years, depending on the state and Eligible Product(s). Registered Contractor Terms and Conditions — Version 3.2 — November 2016 Co Copyright 2016 Renovate America, Inc. All rights reserved. Page 9 of 11 Authorized Signatory's Initials: -2/1.x/17 CC A GENDA PACKET FAG 77 2.1.2. Contractors who register with Renovate America shall be entitled to participate in HERO Programs wherever they are authorized to operate, provided that such Contractors comply with the terms of the Agreement. Eligible Products may differ based on the HERO Program requirements for each political subdivision (e.g., municipality, county, state or joint powers authority) in which it is authorized to operate. Registered Contractors must refer to and comply with the political subdivision - specific HERO Program requirements, which can be found on the HERO Program Website. 2.1.3. The HERO Program offers onsite financing approval for those who meet the eligibility criteria. If the Property Owner is interested in the HERO Program, it will submit an application for financing directly to Renovate America. The Contractor must have a separate construction contract with the Property Owner stating all proposed work and services. Performance of the construction contract shall be the responsibility solely of Contractor and Property Owner, as applicable. The HERO Program funds projects at the conclusion of the work upon receipt of the HERO Program Completion Certificate and required attachments. 2.1.4. The HERO Program is provided to the community by local municipalities, cities, counties, state and other government authorities at their discretion. It is the responsibility of every Registered Contractor to represent the HERO Program in an accurate and responsible way. Failure to do so is grounds for termination of a Registered Contractor's right to introduce the HERO Program to Property Owners. 2.1.5. PROPERTY OWNERS ARE SOLELY RESPONSIBLE FOR AND MUST INDEPENDENTLY CHOOSE AND CONTRACT WITH THE CONTRACTORS TO WORK ON THE INSTALLATION OF THEIR ELIGIBLE PRODUCTS. THE ISSUER OF MUNICIPAL BONDS ("ISSUER "), RENOVATE; AMERICA AND EACH OF THE' ENTITIES WHICH SUPPORT THE ISSUER, THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS SHALL NOT AND DO NOT: (I) ASSUME ANY RESPONSIBILITY FOR THE SELECTION BY PROPERTY OWNERS OF CONTRACTORS WHO REGISTER WITH THE HERO PROGRAM OR ANY OTHER PERSON INVOLVED WITH THE INSTALLED PRODUCTS, (II) GUARANTEE, WARRANT OR OTHERWISE INSURE THE COMPLETION OF THE INSTALLATION OF THE ELIGIBLE PRODUCTS, OR THE OPERATION OF THE ELIGIBLE PRODUCTS, OR (III) WARRANT THE DESIGN OF SUCH PRODUCTS, OR THE ECONOMIC VALUE, ENERGY SAVINGS, SAFETY, DURABILITY OR RELIABILITY OF THE ELIGIBLE PRODUCTS. 2.2. Products which are Eligible for HERO 2.2.1. All installed products which are financed by the HERO Program must either be listed on the specific HERO Program's Residential Eligible Product List (and meet the minimum specifications described therein), OR be approved with respect to their form, fit and function in advance as a custom product. Registered Contractors may only install Eligible Products that are listed in the HERO Completion Certificate related to the property for which HERO Program financing is sought. 2.2.2. HERO Program financing does not cover products that are installed on the property before the Property Owner has submitted a HERO Program financing application, even if such Eligible Products appear on the Eligible Products List. 2.3. Renovate America May Monitor Products and Installations Renovate America reserves the right to perform online monitoring of any installed renewable energy systems' generation data, if applicable, as well as the tracking of energy consumption impacts and utility usage for any installed/financed product via property utility bill data. 2.4. Sales and Marketing Representations Registered Contractors, including their Registered Individuals (e.g., employees, independent contractors, subcontractors and third party affiliates) shall not present themselves as agents, representatives or affiliates of the HERO Program or of any government agency or entity associated with the HERO Program, other than as an independent contractor registered with Renovate America. Registered Contractors shall always clearly include their company name on all marketing materials, sales or call scripts, and uniforms, and do so in a way that will not create confusion with the HERO Program or any government agency or entity associated with the HERO Program. 2.5. Additional Violations of Registered Contractor Participation Agreement 2.5.1. While the following list of additional violations or unacceptable conduct is not exhaustive, it identifies conduct that could lead to suspension or termination of Registered Contractor's participation under the Agreement and /or expose a Registered Contractor to monetary damages: Registered Contractor Terms and Conditions — Version 3.2 — November 2016 © Copyright 2016 Renovate America, Inc. All rights reserved. Page 10 of 11 Authorized Signatory's Initials: -2/1.x/17 CC A GENDA PACKET FAG 78 2.5.1.1. The misuse or unauthorized use of any copyright, trade secret, trademark, patentor other intellectual property associated with or owned by any governmental entity associated with or in negotiations to be associated with the HERO Program is a violation of the Terms and Conditions and would lead to suspension or termination of Registered Contractor's participation under the Agreement and/or expose the Registered Contractor to monetary damages. 2.5.1.2. Violation by a Registered Contractor of the terms of the Reference Materials is a violation hereunder and would lead to suspension or termination of Registered Contractor's participation under the Agreement and/or expose the Registered Contractor to monetary damages. 2.6. Indemnification At its sole cost and expense, each Registered Contractor shall indemnify, defend and hold harmless the participating, governing entities, cities and municipalities sponsoring the HERO Program and each of their officers, directors, shareholders, agents, contractors, employees, affiliates and their respective successors and assigns, against any and all liability, claims, losses, costs, expenses, penalties, fines, forfeitures, judgments and damages, including attorneys' fees and costs, both direct and indirect, by whomsoever asserted, arising out of or in connection with (i) any matter which is a subject of the HERO Program, including but not limited to the installation of any Eligible Product, or (ii) any act or omission of the Registered Contractor, its agents, employees, contractors, subcontractors and /or suppliers, in the performance of the work under the Agreement or the HERO Program, whether intentional or negligent, active or passive, or (iii) the Registered Contractor's breach of any provision of the Agreement, excepting only such losses, damages or liability to the extent caused by the sole negligence or willful misconduct of Renovate America or its employees. 2.7. Terms Confirmation To the extent Renovate America confirms any financing terms with the Property Owner during a recorded "confirm terms" telephone call prior to the execution of HERO Program financing documents, Registered Contractor will not be held accountable for the Property Owner's understanding or misunderstanding of such financing terms, provided that Registered Contractor has acted in good faith and in accordance with these Terns and Conditions, and has communicated information to the Property Owner that is consistent with the terms of such Property Owner's HERO Program financing documents. 3. Benji Program Additional Duties & Obligations Prior to participating in the Benji program, Registered Contractor will agree to and sign the terms of that certain Registered Contractor Purchase and Sale Agreement (Retail Installment Sales) as provided together herewith. The Registered Contractor Purchase and Sale Agreement (Retail Installment Sales) will not be effective until countersigned by the applicable Renovate America Entity. Registered Contractor Terms and Conditions — Version 3.2 — November 2016 © Copyright 2016 Renovate America, Inc. All rights reserved. Page 11 of 11 Authorized Signatory's Initials: -2/1.x/17 CC A GENDA PACKET FAG 79 172 Iff, MEMIMIM • HERO REGISTERED CONTRACTORS 02115117 CC A EN A PACKET FAG This document provides answers to common questions about the HERO Program. L What do|reed tmck) to get started? l� Suit ,oge|he, your proof o'insorancecomp|e\edVV9. and Ucensein(ormahnn 2, Rego,er at knnx //register enova|eamerica com 6 Schmjo|eacon\mcmrnhenmUnn session bycaUing855'HLRD'4ll(85543/ 5411) 2, What Hrmycumtonners (mkhave questionmabOUt � IERO? You can contact oxby phone n/cha, ^ HERDHoWne 855-ULR{J-411 (855'4]7'6411) ^ Online Chat -click "Chat Now" at the top of any page o[hemprog/amzom Ou/phnne hours are won'| ri6am 10pmand Sat Sun Ram- lOpm The HERD Program has /ep/esentahves available toyou and your customers. We can provide assivancc'h/ough the so(euond application process. I Why does iiny coinrin''ItUm����� the ����� The HERO Program provides many benefits to property owners and the iocaieconomy, because HERO ` Helps moe property owners afford uzmoke energy-efficient upgrades ^ May heip property owners lower their oUUtybills ^ Helps inunicipaktic,s meet environinenta[ standards and reduce cailoon ernissions ^ Helps stim,iatc the incoi economy by creaUng |oca|1obs May increase propenty values 4� Why should Ube interested i'i offeriir)q HEROH«aitrditig? ^ HERO offers fixed rates and tong-terry'i financing that assists property owners n purchasing higher quality, enp,gyeNcien(products. ` The interest on HERO payments may be tax(.Jeducot')ie^ ' HERDispnmanly based on home equity and debt payment history rather than `/(--O scores, ^ |fahomemwner decides tn sell, the «ERDasscssmon/ -nay beable tu transfer /o the new owner ~ Homeowne/ approvals can Uccomp|eu:dm just a few minutes. 5. What does I-IER0 cost the coiiiLractor? T-here is N(..) cc)A to the contractc)r. I-If Ro does not charge the contractor any points or fees. ^nnp.*owo,, "o"mm'ux,^r"u"id°ux �ovno,n/:xur"r' ^ 0h-- � °" �� > -i on 02/15117CCAGENDA PACKET PG 81 "The HERO Program partners with local governments io help homeowners finance energy-efficient anUwater- saving homeupgra0es' with payments maUealong with their property tax bNLThe HERO Program offers fixed rates, flexible terms of5-25 years depending on area and product type, and the interest on payments maybe tax deductible.. However, homeowners Should connu|\thd/ tax advisor toUetc..�rmine if they are eligible for potential tax benefits. 'it only takes a few minutes to apply and yet approved, Let s call HERO to see if your home qualifies' '7, How do I know if iny custorners MA quaUfy for HERO fiiriainciiin(,"�? You can chock their eligibility by typing the homeowner's address into the Know-Before-You-Go database uzoi which is located in HERO Pro, your con/ractnrponoi Details on the eligibility criteria can be viewed online uhemp,ogmmzom, 8, Why are payiifne� its i"nade with prope�ty taxes? HERD/san assessment onapwppi tK allowing homeowners uohnance their impnzvements through their p/operiytaxes� The balance nf the hnancmg may be able uz transfer xza new property owner if the property in sold. Another benefit uthat the interest on these HERO assessmen\paymcntx may be tax UeUvchbic- Homeowners should consult their tax advisor to determine if they are eligible for potential tax benefits, 9, What is the alailalfcatiow process? FYopeny owners can apply onUnra\hempmgom.comor over the phoneat HERD411 Once work is complete, the contractor and customer sign a completion certificate. Payment is made within two days cd receipt of the signed completion certificate, 11. kie �+IIERO 1"narketirgmnwteriiats avahiable? Yes, within HERD Pro your contrac/o/ po^ai you can order aU of the HERO marketing moterio{sor print Your own HE RC) sales materials /(you decide to print your own materials, you must receive prior consent fmm the HERD Program before they can be distributed All o[ the Hl' RDmarkding materials are provided atcost. 0^--o ^ovvmo'o�cun u�u�*om� 0-21 _"�//l7CC A GEN[A PA CKETPG 82 February 15, 2015 Kristin Cowles 503 Fawn Lily Lane Bakersfield, CA g3314 661 -616 -8187 Bakersfield City Council 1600 Truxton Avenue Bakersfield, CA 93301 Dear Mayor Goh and Bakersfield City Council Members, m�wo. r— y I am writing to you to support of the H.E.R.O. Program of Bakersfield. It is a step in the right direction and affords individuals the opportunity to be a part of a growing ecofriendly community. The H.E.R.O. program allowed me (with a less than perfect credit score) to have solar panels installed on my roof. I have since sold that property. At this time I learned of another benefit of the program which was payment flexibility. I was able to pay off my remaining balance with the money I received from the sale of the house providing the buyers an incentive for purchase. Neither I nor my buyers were hassled with any further issues. It was a very simple process. I plan on using the H.E.R.O, program once again for my new home, so it too can have solar panels. When the benefits are so great and there is no harm done to existing businesses, it makes good sense to support the H.E.R.O. program. Please feel free to contact me should you have any -Further questions or comments. Thank you, Kristin Cowles 02115117 CC A EN A PACKET FAG 83 ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Workshops 6. a. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: 2/9/2017 iTiff-11 1.1 SUBJECT: Events at Bright House Networks Amphitheatre. STAFF RECOMMENDATION: City staff recommends that on event nights a portion of The Park at Riverwalk (see map) be closed to the public beginning three hours before the advertised start time of the show. BACKGROUND: The City of Bakersfield, in partnership with Anschutz Entertainment Group (AEG), hosts a variety of events at the Bright House Networks Amphitheatre (venue) annually. Significant efforts have been made to attract better performing artists to the venue through seating, restroom, and concession enhancements. AEG and City staff have observed a substantial increase in "unpaid admission" over the years; that is, individuals who attend events by sitting directly outside of the venue. The economics of promoter- sponsored events have to work in order to provide quality shows. The business model for events is contingent upon selling paid admission and concession items upon entrance. Therefore, City staff recommends modifying the entrance surrounding the venue and closing the park on performance dates. The proposed changes will enhance the security and economic viability of events. Ultimately, not mitigating the amount of unpaid admission will likely impact the quality of events at the venue in the future. In addition, this agenda item was presented to the Community Services Committee on February 14, 2017. The Committee's recommendation can be further discussed with the full City Council. ATTACHMENTS: Description D Bkie IMeirno D Recoirnirneinded Entrance Modfficadoin D Uinpad /kdirNssbin Photo (Beach IBoys Conceirt) D PoweirP6int Piresentatbin Type Coveir IMeirno BackU IMateir4� BackU IMateir4� Piresentadon 02115117 CC AGENDA PACKET PG 84 02115117 CC A EN A PACKET FAG 85 1k... 0 BAKER SF! EID M I I 1 0 ITI 1211% to] Solfilki I IMI I I Orl 0 Attached is an ernall received from Dan Brito and Katie Wobbe, iregardingi, Events at ght House, Networks Amphitheater 91 02115117 CC AGENDA PACKET PG 86 Lorraine Reza Subject: FW: riverwalk park From: Dan Brito Nnailt " 4 §�,g 911 Sent: Tuesday, February 14, 2017 11:53 AM To: Bob Smith Subject: riverwa�lk park Bob, just read that, there is a consideration to install or restrict access to River Walk Park for concerts, Here is my take I think that too much of the park is being removed, from access right now, when a concert is being held, the city has already enlarged the fenced off area to block the walk ways around the park... way too much!!!! You should if you haven't look at all the remarks on Facebook about the idea. I hope you vote against this new measure..... mm A few questions I have Who pays the city employees when a concert is being field, regular and overtime? Who pays for all the city equipment that is brought. out for a concert? Who paid for all the improvements made for the trailers (the numerous cement stabs that were poured) ? Who paid for all the electric disconnect boxes installed for these trailet-0 and What is the benefits of having a sponsor for the park if there are any costs to the city 't, hat. are any other park improvements that have been completed in the last several years.. if you look the area does need some repairs, the woodwork around all the structure's are in bad shape and need maintenance, some of these are makil-ig the place look had. ... I would like to say that the crews there at the park do a good job with what they have and should be commended... Thanks, Dan BrIto 02115117 CC AGENDA PACKET PG 87 Lorraine Reza Subject: FW: Free Areas and Paid Parking at RiverwaW From: Wobbe, Karie M Sent: Wednesday, February 15, 2017 1:05 PM To: City.,jCouncH Subject: Free Areas and Paid Parking at Riverwalk I WOUld urge you to vote NO on the Current proposall of Fencing the Riverwaik Park and charging for parking around the Mghthouse amphitheater, 02115117 CC AGENDA PACKET PG 88 1 `� m c C CL MOL 0 v7 l< N n O 0 y n r � J�as,Pu,a � � �d �a 02115117 CC AGENDA PACKET FAG 91 1 N N ✓y � 1, ' iGiMr7rrm,� ✓au y 41F N YfJf ��i ej l4'✓a�r /C'6GIiWy /� craw . ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Consent- Minutes a. TO: Honorable Mayor and City Council FROM: Pam McCarthy, Interim City Clerk DATE: 11/14/2016 111-11 V 03 SUBJECT: Approval of minutes of the January 25, 2017, Special and Regular City Council Meetings and the January 31, 2017 Special City Council Meeting. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description D Jalr]Uairy 25 W Irldes D Jalr]Uairy3l I@Jfiirl des Type BackU IMateir4� BackU IMateir4� 02115117 CC AGENDA PACKET PG 95 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JANUARY 25, 2017 Council Chambers, City Hall, 1501 Truxtun Avenue Special Meeting- 12:30 p.m. Regular Meeting- 5:15 p.m. SPECIAL MEETING - 12:30 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Weir, Sullivan (seated at 12:55 p.m.), Parlier Absent: None 2. PUBLIC STATEMENTS ►I� .CM 3. CLOSED SESSION a. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9 (d) (2), (e) (1) (one matter). b. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) regarding City of Bakersfield v. Bakersfield City School District, et al., Kern County Superior Court Case No. BCV -16- 102914, KCT. C. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) regarding California Water Service Company and City of Bakersfield vs. The Dow Chemical Company, et al., San Mateo County Superior Court Case No. CIV470999 (associated with 4th District Court of Appeal Case No. E052246 and San Bernardino County Superior Court Case No. JCCP4435 /SCVSS 120627). ACTION TAKEN 02115117 CC AGENDA PACKET FAG 9 Bakersfield, California, January 25, 2017 – Page 2 3. CLOSED SESSION continued ACTION TAKEN d. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) for the following: Citizens Against the 24th Street Widening Project v. City of Bakersfield 5th District Court of Appeal No. F074693. 2. Concerned Citizens About Centennial Corridor v. Caltrans, et al., Kern County Superior Court Case No. BCV -16- 100041, KCT. 3. City of Bakersfield v. All Persons Interested in the Matter, etc., 5t" District Court of Appeal No. F071869. e. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) regarding Kiaie, et al. v. City of Bakersfield, Kern County Superior Court Case No. S- 1500 -CV- 283432, SPC. f. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9 (d) (2), (e) (1) (two matters). g. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) regarding Cox /Taylor v. City of Bakersfield, et al., Kern County Superior Court Case No. S- 1500-CV- 283938, SPC. (consolidated) Motion by Vice -Mayor Smith to adjourn to Closed APPROVED Session at 12:37 p.m. AB SULLIVAN Motion by Councilmember Weir to adjourn from APPROVED Closed Session at 4:40 p.m. Meeting reconvened at 4:45 p.m. 02115117 CC AGENDA PACKET FCC 97 Bakersfield, California, January 25, 2017 – Page 3 4. CLOSED SESSION ACTION a. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9 (d) (2), (e) (1) (one matter). b. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) regarding City of Bakersfield v. Bakersfield City School District, et al., Kern County Superior Court Case No. BCV -16- 102914, KCT. C. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) regarding California Water Service Company and City of Bakersfield vs. The Dow Chemical Company, et al., San Mateo County Superior Court Case No. CIV470999 (associated with 4th District Court of Appeal Case No. E052246 and San Bernardino County Superior Court Case No. JCCP4435 /SCVSS 120627). d. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) for the following: Citizens Against the 24th Street Widening Project v. City of Bakersfield 5th District Court of Appeal No. F074693. 2. Concerned Citizens About Centennial Corridor v. Caltrans, et al., Kern County Superior Court Case No. BCV -16- 100041, KCT. 3. City of Bakersfield v. All Persons Interested in the Matter, etc., 5t" District Court of Appeal No. F071869. e. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) regarding Kiaie, et al. v. City of Bakersfield, Kern County Superior Court Case No. S- 1500 -CV- 283432, SPC. ACTION TAKEN STAFF CONTINUED TO FUTURE MEETING STAFF WAS GIVEN DIRECTION AND RATIFIED THE CEQA NO REPORTABLE ACTION NO REPORTABLE ACTION NO REPORTABLE ACTION 02115117 CC AGENDA PACKET FCC 98 Bakersfield, California, January 25, 2017 - Page 4 4. CLOSED SESSION ACTION continued f. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9 (d) (2), (e) (1) (two matters). g. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) regarding Cox /Taylor v. City of Bakersfield, et al., Kern County Superior Court Case No. S- 1500-CV- 283938, SPC. (consolidated) 5. ADJOURNMENT Mayor Goh adjourned the Closed Session meeting at 4:46 p.m. REGULAR MEETING -5:15 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera (seated at 5:23 p.m.), Gonzales, Weir, Sullivan, Parlier Absent: None Mayor Goh called for a moment of silence in honor Councilmember Tkac who recently passed away. 2. INVOCATION by Pastor Joseph Rountree, Upper Room Ministries, Canyon Hills Assembly of God. 3. PLEDGE OF ALLEGIANCE by Tanner Dye, 2nd grade student at Douglas J. Miller Elementary School. 4. PRESENTATIONS None. ACTION TAKEN NO REPORTABLE ACTION ON FIRST MATTER; STAFF WAS GIVEN DIRECTION ON SECOND MATTER NO REPORTABLE ACTION 02115117 CC AGENDA PACKET FAG 99 Bakersfield, California, January 25, 2017 - Page 5 5. PUBLIC STATEMENTS ACTION TAKEN a. The following individuals spoke regarding concerns with the Police Department and requested Council consideration for the purchase of body cameras for all officers and the formation of a citizen's police oversight committee: Patrick Jackson, President of the NAACP Bakersfield branch; Timothy Grismore; Xavier Hines; Charles Everly; and Pastor Oscar Anthony. b. Lorrie Guiltnan and Terry Maxwell spoke regarding the treatment Ms. Guiltnan has received during the acquisition of her home for the 24th Street Widening Project. C. Audrey Chavez spoke regarding Jai Bornstein, and encouraged people to be more loving and accepting when encountering people with AIDS, LGBQT individuals, and the transgender population. 6. WORKSHOPS None. 7. APPOINTMENTS a. One appointment to the Planning Commission (Ward 6) to complete a term to expire April 30, 2020. City Clerk McCarthy announced applications were received from the following individuals: Houston Ursery; Timothy Bergeron; Scott Hanson; Michael Caves; Robert Bell; and Adam Cohen. Motion by Councilmember Sullivan to appoint APPROVED Robert Bell to a four -year term on the Planning Commission, term expiring April 30, 2020. b. Appointments of a Regular Committee Member and an Alternate Committee Member to the Keep Bakersfield Beautiful Committee, due to the expiration of terms of John Enriquez and Susan B. Stussy. City Clerk McCarthy announced applications were received from Heather Pennella, John Enriquez, and Patricia Marquez. 02115117 CC A EN A PACKET FAG 1 Bakersfield, California, January 25, 2017 - Page 6 7. APPOINTMENTS continued ACTION TAKEN ITEM 7.b. CONTINUED Mayor Goh nominated John Enriquez as the Regular Committee Member, and Heather Pennella as the Alternate Committee Member. Motion by Vice -Mayor Smith to accept the APPROVED Mayor's appointments to the Keep Bakersfield Beautiful Committee. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the January 3, 2017, Special Meeting, and January 4, 2017, Regular City Council Meetings. Payments: b. Receive and file department payments from December 17, 2016 to January 12, 2017 in the amount of $24,549,264.55, Self- Insurance payments, from December 17, 2016 to January 12, 2017 in the amount of $481,487.03, totaling $25,030,751.58. Ordinances: C. First reading of an ordinance amending FR Bakersfield Municipal Code Sections 1. 12.040 and 1. 12.070 by adding Annexation No. 651 consisting of 31.78 acres located along the south side of Seventh Standard Road, generally east of Allen Road to Ward 4 and Annexation No. 662 consisting of 4.96 acres located at the northwest corner of Castro Lane and Kingsley Lane to Ward 7. d. Rescission of Ordinance No. 4881; adoption of ORD 4886 ordinance amending the Official Zoning Map in RES 005 -17 Title 17 of the Bakersfield Municipal Code by changing the zone district from an R -1 (One - Family Dwelling) zone to R -2 (Limited Multi - Family Dwelling) zone, or a more restrictive district on 14.61 acres located at the northeast corner of East Panama Lane and Sparks Street in Southeast Bakersfield. A resolution adopting a Negative Declaration will also be considered. (ZC # 16 -0197 - Applicant: East Panama LLC) (Ward 1) (FR 11/16/16) 02115117 CC A EN A PACKET FAG 101 1.3 Bakersfield, California, January 25, 2017 — Page 7 CONSENT CALENDAR continued ACTION TAKEN Resolutions: e. Resolution confirming approval by the City RES 006 -17 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 authorizing collection of the assessments by the Kern County Tax Collector. f. Resolution approving an application to the Kern RES 007 -17 County Local Agency Formation Commission to annex uninhabited territory into the City identified as Annexation No. 674 located along the south side of Rosedale Highway, approximately 500 feet west of Patton Way. g. Resolution authorizing the Public Works Director REMOVED BY to submit letters of support for transportation STAFF funding - Assembly Bill 1 (Frazier) and Senate Bill 1 (Beall). h. Resolution authorizing the Director of RES 009 -17 Recreation and Parks to apply and enter into an agreement with the State of California for the California Urban Rivers Grant Program (Proposition 1). i. Sewer connection fee assessment for 12500 Branch Court: 1. Resolution confirming assessment for RES 0 10- 17 sewer connection and authorizing the collection of assessment by the Kern County Tax Collector. 2. Agreement with Saifon Sirinavarat to pay AGR 17 -011 the sewer connection fee through the Kern County Tax Collector. 02115117 CC A EN A PACKET FAG 102 Bakersfield, California, January 25, 2017 - Page 8 8. CONSENT CALENDAR continued Resolutions to add the following territories to the Consolidated Maintenance District and approving, confirming, and adopting the Public Works Director's Report for each: Area 4 -160 (31 1 E. 10th Street) - Ward 1 2. Area 4 -161 (1 1 19 & 1 121 E. 21 st Street) - Ward 2 k. Resolutions of Intention (ROI) to add the following areas to the Consolidated Maintenance District and preliminarily approving, confirming, and adopting the Public Works Director's Report for each: 1. ROI No. 1910 to add Area 2 -65 (SEC of Ming Avenue & Wible Road) - Ward 7 2. ROI No. 1911 to add Area 4 -162 (101 1 Monterey Street)- Ward 2 3. ROI No. 1912 to add Area 4 -163 (1319 1st Street) -Ward 1 Agreements: Agreements with Kern Delta Water District and County of Kern ($56,310 annually; adjusted for CPI) for disposal of urban storm drainage waters into the Eastside Canal, Kern Island Canal, and Stine Canal. M. Final Map, Improvement Agreement, and Landscape Improvement Agreement with Woodside 06N, LP for Tract 7240 Phase 3, located south of Stockdale Highway and west of Renfro Road. n. Agreement with Baron & Budd, PC, to provide outside legal services in the matter of California Water Service Company and City of Bakersfield vs. The Dow Chemical Company, et al, San Mateo County Superior Court Case No. CIV470999 (associated with 4th District Court of Appeal Case No. E052246 and San Bernardino County Superior Court Case No. JCCP4435 /SCVSS120627) ( "TCP case "), and termination of Agreement No. CA08 -005. ACTION TAKEN RES 0 11- 17 RES 012 -17 ROI 1910 ROI 1911 ROI 1912 AGR 17 -012 AGR 17 -013 AGR 17 -014 AGR 17 -015 AGR 17 -016 AGR 17 -017 02115117 CC AGENDA PACKET FCC 103 Bakersfield, California, January 25, 2017 - Page 9 8. CONSENT CALENDAR continued o. Outside Legal Services: Amendment No. 1 to Agreement No. 16- 207 with Nossaman LLP ($100,000) to provide outside legal services in the matter of Citizens Against the 24t" Street Widening Project v. City of Bakersfield. 2. Appropriate $100,000 Utility Surcharge Fund Balance within the Utility Surcharge Fund. P. Contract Change Order No. 4 to Agreement No. 16 -078 with Griffith Company, ($23,474.23; revised not to exceed $1,537,914.29) for the construction of the Street Improvements: Mohawk Street from Siena Lane to Hageman Road Project. q. Contract Change Order Nos. 32 and 43 to Agreement No. 15 -094 with Granite Construction Company ($43,582.50; revised not to exceed $22,869,599.57; change order funded with Federal Earmark Funds {88.53 %} and Capital Outlay Utility /Roads Fund {1 1.47 % }) for the State Route 178 Widening Construction Project (TRIP). Rosedale Highway Widening Project (TRIP): Contract Change Order Nos. 95, 96 and 97 to Agreement No. 15 -009 with Teichert Construction ($83,608.00; revised not to exceed $18,979,929.11; Change Orders funded with Gas Tax Funds) for construction of said project. 2. Transfer $85,000 savings from the PG &E Tower Relocation on Westside Parkway Project to the Rosedale Widening project to fund change orders. ACTION TAKEN AGR 16- 207(1) AGR 16 -078 CCO 4 AGR 15 -094 CCO 32, CCO 43 AGR 15 -009 CCO 95, CCO 96, CCO 97 02115117 CC A EN A PACKET FAG 1 Bakersfield, California, January 25, 2017 - Page 10 8. CONSENT CALENDAR continued Property Acquisition Agreements - TRIP: Bids: Accept bid and approve contract with CVE Contracting Group, Inc. ($357,000) for Demolition of Improvements at 101 Dunlap Street, 108 Dunlap Street, 4800 Easton Drive, 4414 Kensington Avenue, 4408 Marella Way, 708 Montclair Street, 201 S. Garnsey Avenue, 16 Stine Road and 20 Stine Road; Phase 16 for the Centennial Corridor Project. (TRIP) Accept bid from Jacobsen, a Division of Textron, Corona, California ($48,607.85) for a replacement self - propelled vacuum turf sweeper for use by the Recreation and Parks Department. U. Accept Bid and approve contract to Clean Cut Landscape Mgmt., Clovis, California ($61,680) for plant establishment maintenance at SR -178 & Morning Drive Interchange. V. Accept bids from McCain, Inc. ($91,703.04), Econolite ($19,108.73), DDL Traffic, Inc. ($9,357.56) and JTB Supply Co. Inc., ($521.24) for traffic signal equipment. Total bid amount is $120,690.57. W. Accept bid and approve contract with S & H Civilworks ($460,225) for Street Improvements, North of Brundage Lane and West of Union Avenue, Phases 6 & 7. X. Furnish & Install Parking Garage Signage Accept bid and approve contract to Frank & Son, Inc., dba Express Sign & Neon, Los Angeles, California ($68,200) for parking garage signage. 2. Appropriate $32,750 Off - street Parking Fund balance to the Public Works Department Capital Outlay budget within the Off - street Parking Fund. ACTION TAKEN AGR 17 -018 AGR 17 -019 AGR 17 -020 AGR 17 -021 02115117 CC A EN A PACKET FAG 105 Bakersfield, California, January 25, 2017 - Page 11 8. CONSENT CALENDAR continued ACTION TAKEN Y. Pavement Rehabilitation 2015 -2016 RSTP Project - Gosford Road from Pacheco Road to White Lane: 1. Accept bid and approve contract with AGR 17 -022 Bowman Asphalt Inc. ($1,199,973.00) for said project. 2. Appropriate $1,287,328 federal Regional Surface Transportation Program funds to the Public Works Department's Capital Improvement budget within the SAFETEA -LU Fund for said project. 3. Appropriate and transfer $167,000 Transient Occupancy Tax balance to the Public Works Department's Capital Improvement Budget within the Capital Outlay Fund to fund the local match requirement of said project. Miscellaneous: Z. Appropriate $150,000 Other Agency Share of Project Costs and $25,000 Contribution from the Lazzerini Foundation to the Public Works Department's operating budget within the Refuse Enterprise Fund to provide funding for the FY 16/17 Litter Program for freeways and the Kern River Bike path respectively. aa. 24th Street Widening Project Wall Design Approval. ab. Concerts at the Bright House Networks Amphitheatre. Successor Agency Business: City Clerk McCarthy announced a staff memorandum was received requesting item 8.g. be removed from the agenda. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar items 8.a. through 8.ab., with the removal of item 8.g. 02115117 CC A EN A PACKET FAG 106 Bakersfield, California, January 25, 2017 - Page 12 9. CONSENT CALENDAR PUBLIC HEARINGS a. Public Hearing to consider a Resolution ordering the vacation of the 20 foot wide alley within Block "Y" of the "Baker Homestead Addition." tract (bounded by 20th and 21 st Streets, and "N" and "0" Streets). b. Public Hearing to consider a Resolution ordering the summary vacation of a Right -of -Way dedication within Parcel 1 of Parcel Merger 15- 0381 (2905 Calloway Drive). C. Public Hearing to consider a Resolution ordering the summary vacation of a portion of a 25 to 30 foot wide waterline easement within Parcel 1 of Parcel Map 12112 (310 Coffee Road). d. Public Hearing to consider General Plan Amendment /Zone Change No. 16 -0128. Porter & Associates, representing Floyd G. & Loretta M. Hinesley, the property owner, is proposing a general plan amendment, changing the land use designation from LR (Low Density Residential) to GC (General Commercial) and HR (High Density Residential) on 11.71 acres, subject to conditions of approval, and a zone change from A (Agriculture) to C -2 (Regional Commercial) and R -3 (High Density Residential) on 13.5 acres located at the southwest corner of Hosking Avenue and South Union Avenue. A proposed Negative Declaration will also be considered. ACTION TAKEN RES 013 -17 RES 014 -17 RES 015 -17 RES 016 -17 RES 017 -17 02115117 CC A EN A PACKET FAG 107 9. Bakersfield, California, January 25, 2017 - Page 13 CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN e. Public Hearing to consider General Plan REMOVED FOR Amendment /Zone Change 16 -0264. McIntosh & SEPARATE Associates, representing Kern Land Partners, CONSIDERATION - LLC, the property owner, is proposing a SEE PAGE 14 general plan amendment, changing the land use designation from GC (General Commercial) to LMR (Low Medium Density Residential) on 4.81 acres, subject to conditions of approval, and a zone change from C -1 (Neighborhood Commercial) and R -1 (One Family Dwelling) to P.U.D. (Planned Unit Development) zone district on 17.78 acres, located at the northeast corner of Old Farm Road and Noriega Road, for a 176 -unit condominium complex, a 2,500 square foot recreation building, outdoor swimming pool, multi -use sport court and tot lot, subject to conditions of approval. A proposed Negative Declaration with mitigation measures will also be considered. City Clerk McCarthy announced item 9.e. will be removed from the Consent agenda and will be heard as Hearing item 10.a.; and a staff memorandum was received correcting the Ward information to Ward 4, for item 9.b., and Ward 2, for item 9.c. Consent Calendar Public Hearing items 9.a. through 9.d. opened at 5:50 p.m. No one spoke. Consent Calendar Public Hearing items 9.a. through 9.d. closed at 5:51 p.m. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar Hearing items 9.a. through 9.d. 02115117 CC A EN A PACKET FAG 1 Bakersfield, California, January 25, 2017 - Page 14 10. HEARINGS ACTION TAKEN a. Public Hearing to consider General Plan RES 018 -17 Amendment /Zone Change 16 -0264. McIntosh & RES 019 -17 Associates, representing Kern Land Partners, LLC, the property owner, is proposing a general plan amendment, changing the land use designation from GC (General Commercial) to LMR (Low Medium Density Residential) on 4.81 acres, subject to conditions of approval, and a zone change from C -1 (Neighborhood Commercial) and R -1 (One Family Dwelling) to P.U.D. (Planned Unit Development) zone district on 17.78 acres, located at the northeast corner of Old Farm Road and Noriega Road, for a 176 -unit condominium complex, a 2,500 square foot recreation building, outdoor swimming pool, multi -use sport court and tot lot, subject to conditions of approval. A proposed Negative Declaration with mitigation measures will also be considered. City Clerk McCarthy announced correspondence in opposition was received from Mike and Jessica Ross; e -mail correspondence in opposition was received from Mike Ross; and additional correspondence in opposition was received from Harold Sandorn. Community Development Director Kitchen made staff comments, provided a PowerPoint presentation, and provided the Council with additional letters in opposition to the project. Hearing item 10.a. opened at 5:58 p.m. Jessica Barr spoke in opposition to the staff recommendation. Roger McIntosh, representing Kern Land Partners, LLC, the property owner, spoke in support of the staff recommendation. Hearing item 10.a. closed at 6:05 p.m. Motion by Vice -Mayor to approve Hearing item 10.a. APPROVED 02115117 CC A EN A PACKET FAG 109 11. 12. 13. 14. Bakersfield, California, January 25, 2017 - Page 15 REPORTS a. Mid -Year Budget Update City Manager Tandy made staff comments. Assistant City Manager Huot made staff comments and provided a PowerPoint presentation regarding the Fiscal Year 2016 -17 Mid -Year Budget. Finance Director Smith made staff comments and provided a PowerPoint presentation regarding the Thomas Roads Improvement Project (TRIP) Financial Plan. Motion by Vice -Mayor Smith to receive and file the report. DEFERRED BUSINESS None. NEW BUSINESS a. Options regarding Ward 5 City Council Vacancy; term expires November 2020. City Attorney Gennaro made staff comments. Motion by Vice -Mayor Smith to hold a special municipal election to fill the vacancy on the Council for the unexpired term in Ward 5, on June 6, 2017. COUNCIL AND MAYOR STATEMENTS Vice -Mayor Smith requested staff provide the Council with an update regarding the High Speed Rail Station Plan. Vice -Mayor Smith requested staff provide a report regarding the development standards for floor to area ratios in the downtown area. Vice -Mayor Smith is looking forward to the installation of the sign outside the parking garage located on 18th and Eye Streets; appreciates the funding of the litter program on the bike path; and is thankful for the amount of rain we have had recently. ACTION TAKEN APPROVED RES 020 -17 APPROVED 02115117 CC A EN A PACKET FAG 11 Bakersfield, California, January 25, 2017 - Page 16 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Councilmember Parlier provided an update from the Legislative and Litigation Committee meeting; advised that he requested staff to implement an administrative hearing process for violations of the Municipal Code, such as Code Enforcement, Recreation and Parks, and Massage /Cabaret violations; and asked if any Councilmembers have additional areas where civil fines may be appropriate to notify staff so that it may be included. Councilmember Parlier requested the Legislative and Litigation Committee discuss the possibility of increasing the penalties for violations related to massage establishments. Councilmember Parlier requested the Budget and Finance Committee explore the possibility of providing Police Officers with body cameras. Councilmember Sullivan stated she attended last week's Presidential Inauguration; thanked everyone in attendance at the meeting and for their comments; and appreciates staff for their hard work. Mayor Goh welcomed students in attendance at the meeting to learn about City government. 15. ADJOURNMENT Mayor Goh adjourned the meeting in memory of Councilmember Tkac at 6:41 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 02115117 CC A EN A PACKET FAG 111 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JANUARY 31, 2017 Council Chambers, City Hall, 1501 Truxtun Avenue Special Meeting- 1:00 p.m. SPECIAL MEETING - 1:00 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera (seated at 1:15 p.m.), Gonzales, Weir (seated at 1:05 p.m.), Sullivan, Parlier Absent: None 2. PUBLIC STATEMENTS a. The following individuals spoke in opposition to the 24th Street Widening Project: Robert Braley; Terry Maxwell (submitted written material); and Vanessa Vangel. 3. CONSENT CALENDAR Bids: a. 24th Street Improvement Project (Demolition Phase): ACTION TAKEN Accept bid and approve contract with AGR 17 -023 Interior Demolition Inc. ($90,327.00; 88.53% federally funded, 11.47% local match funded with utility surcharge fees) for Demolition of Improvements along 24th Street: 2401 Bay Street, 2400 Alder Street, 2401 Alder Street, 2400 Cedar Street, and 2401 Cedar Street. 2. Reject all bids for the Demolition of Improvements along 24th Street: 2318 B Street, 2330 B Street, 2201 24th Street, and 2315 C Street. 02115117 CC AGENDA PACKET FAG 112 3. 4. 5. 6 Bakersfield, California, January 31, 2017 - Page 2 CONSENT CALENDAR continued ACTION TAKEN Public Works Director Fidler made staff comments and displayed a photograph. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar item 3.a. AB RIVERA CLOSED SESSION a. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d) (2),(e) (1) (two matters). Motion by Vice -Mayor Smith to adjourn to Closed APPROVED Session at 1:14 p.m. AB RIVERA Mayor Goh adjourned Closed Session at 3:30 p.m. Meeting reconvened at 3:35 p.m. CLOSED SESSION ACTION a. Conference with Legal Counsel — Potential STAFF WAS GIVEN Litigation; Closed Session pursuant to Government DIRECTION Code section 54956.9(d) (2),(e) (1) (two matters). ADJOURNMENT Mayor Goh adjourned the meeting at 3:36 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 02115117 CC A EN A PACKET FAG 113 ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Consent - Payments b. TO: Honorable Mayor and City Council FROM: Nelson K Smith, Finance Director DATE: 2/3/2017 111-11 V 03 SUBJECT: Receive and file department payments from January 13, 2017 to February 2, 2017, in the amount of $23,513,446.01, Self-Insurance payments from January 13, 2017 to February 2, 2017, in the amount of $520,643.66, totaling $24,034,089.67. Staff recommends report be received and filed. BACKGROUND: ATTACHMENTS: Description D 1 /kP Check Reg�steir/kdirNin 2 '15 20,17 D 2 E/kP Check Regitsteir/kdirNin 2 '15 20,17 Type BackU IMateir4� BackU IMateir4� 02115117 CC AGENDA PACKET PG 114 2/3/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE I FROM 1/13/2017 TO 2/02/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 653255 10037 BECHERER KANNETT & SCHWEITZER Jan 13, 2017 $204.51 653256 1884 CHAIN COHN STILES Jan 13, 2017 $119.57 653257 10037 DANIEL BROWN Jan 13, 2017 $500.00 653258 70316 HALL, HARVEY Jan 13, 2017 $13,980.00 653259 10037 JESSICA ESPARZA Jan 13, 2017 $25.00 653260 4435 KERN COUNTY CLERKS Jan 13, 2017 $150.00 653261 4435 KERN COUNTY CLERKS Jan 13, 2017 $2,216.25 653262 4435 KERN COUNTY CLERKS Jan 13, 2017 $2,216.25 653263 22058 NET TRANSCRIPTS, INC. Jan 13, 2017 $221.00 653264 10047 OLNEY, JONATHAN Jan 13, 2017 $5,499.42 653265 10047 OMNI FAMILY HEALTH BRIMHALL #2 Jan 13, 2017 $279.00 653266 70025 ROBO PLUMBING Jan 13, 2017 $180.00 653267 28920 SIMS, RONALD Jan 13, 2017 $68.25 653268 10037 STEVEN PARKS Jan 13, 2017 $180.00 653269 70315 SWANSON ENGINEERING Jan 13, 2017 $1,111.00 653270 26000 TONICISM PRODUCTIONS Jan 13, 2017 $500.00 653271 10037 TONY MEZA Jan 13, 2017 $200.00 653272 10047 VALLIANT, JOHN D Jan 13, 2017 $193.45 653273 10047 BAKERSFIELD POLICE BENEFIT ASSOC. Jan 13, 2017 $1,200.09 653274 24411 CALIFORNIA BUILDING STANDARDS COMM Jan 13, 2017 $5,771.00 653275 2465 DEPARTMENT OF CONSERVATION Jan 13, 2017 $17,020.84 653276 4550 K C S 0 S Jan 13, 2017 $1,090,436.44 653279 6114 PACIFIC GAS & ELECTRIC COMPANY Jan 13, 2017 $217,747.67 653280 19844 VAN WYK, MITCH Jan 13, 2017 $6,110.45 653281 10204 ASSOCIATION BKFD POLICE OFFICER FCU Jan 13, 2017 $15,046.35 653282 10211 BAKERSFIELD FIREMEN Jan 13, 2017 $9,131.43 653283 10200 BAKERSFIELD FIREMEN RELIEF ASS Jan 13, 2017 $8,562.20 653284 10203 BAKERSFIELD POLICE BENEFIT Jan 13, 2017 $25,132.55 653285 10205 MUTUAL BENEFIT ASSOCIATION Jan 13, 2017 $1,925.51 653286 26810 RELIASTAR LIFE INSURANCE CO Jan 13, 2017 $914.76 653287 22324 SEIU LOCAL 521 Jan 13, 2017 $20,636.06 653288 28 A C ELECTRIC COMPANY Jan 19, 2017 $1,576.06 653289 26421 A SIGN FACTORY INC Jan 19, 2017 $1,182.50 653290 534 A T & T Jan 19, 2017 $375.00 653291 22346 ABACUS I M T INC Jan 19, 2017 $11,281.83 653292 25334 ABOVE AND BEYOND CONSTRUCTION Jan 19, 2017 $1,300.00 653293 21126 ACOSTA, MANUEL Jan 19, 2017 $125.00 653294 18426 ALBERTSON, KEVIN Jan 19, 2017 $160.00 653295 25863 ALLIED WEED CONTROL INC Jan 19, 2017 $1,207.50 653296 987 AMERICAN FABRICATION Jan 19, 2017 $182.75 653297 26835 AMERICAN RED CROSS-HEALTH & Jan 19, 2017 $721.00 653298 340 AMERICAS Jan 19, 2017 $770.46 653299 371 ANDERSON, STEVE Jan 19, 2017 $75.00 653300 18201 ANIMAL EMERGENCY & URGENT CARE INC Jan 19, 2017 $345.30 653301 1049 APPLIED LNG TECHNOLOGIES, LLC Jan 19, 2017 $19,120.49 653302 18417 ATTORNEYS CERTIFIED SERVICES Jan 19, 2017 $95.00 653303 23227 AURIN, DANNY Jan 19, 2017 $125.00 653304 15944 AYALA, JESSIE Jan 19, 2017 $75.24 653305 655 B A S E- BAKERSFIELD ATHLETIC SUP EQ Jan 19, 2017 $55.77 653306 13544 BAKERSFIELD ARC Jan 19, 2017 $60.00 653307 12135 BAKERSFIELD COLLEGE Jan 19, 2017 $59.00 653308 971 BAKERSFIELD PLUMBING CO INC Jan 19, 2017 $665.76 S:\Accounting\KAROL\Admin - CounciI\2017\C0lJNCIL-ADMIN\ 02115117 CC AGENDA PACKET PG 115 2/3/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 1/13/2017 TO 2/02/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 653309 841 BAKERSFIELD RUBBER STAMP CO Jan 19, 2017 $123.02 653310 875 BAKERSFIELD TRUCK CENTER Jan 19, 2017 $171.45 653311 557 BARC Jan 19, 2017 $1,120.05 653312 13424 BARNES WELDING SUP'P'LY Jan 19, 2017 $266.71 653313 945 BARNTT °S TOWING SERVICE INC Jan 19, 2017 $35.00 653314 28231 BIG BRAND TIRE CO Jan 19, 2017 $236.38 653315 23444 BILLINGSLEY, MATTHEW Jan 19, 2017 $119.00 653316 26219 BLOORE K9 TRAINING & CONSULTING Jan 19, 2017 $1,950.00 653317 16565 BTE COMMUNICATIONS Jan 19, 2017 $190.00 653318 10267 BUDGET BOLT INC Jan 19, 2017 $634.78 653319 29160 BUTIMOR, AMBER Jan 19, 2017 $250.00 653320 1477 CAL VALLEY EQUIPMENT INC Jan 19, 2017 $684.53 653321 26931 CAL /OSHA Jan 19, 2017 $2,700.00 653322 23736 CALIFORNIA EMINENT DOMAIN LAW GROUP Jan 19, 2017 $8,902.20 653323 28603 CALIFORNIA FUELS & LUBRICANTS Jan 19, 2017 $1,266.76 653324 1888 CHAMPION HARDWARE Jan 19, 2017 $10.19 653325 23786 CHART INDUSTRIES Jan 19, 2017 $367.51 653326 29161 CLARK, RYAN Jan 19, 2017 $500.00 653327 2050 CLIFFORD & BROWN Jan 19, 2017 $35,392.95 653328 27684 COURTHOUSE NEWS SERVICE Jan 19, 2017 $5.00 653329 22504 CROP PRODUCTION SERVICES INC Jan 19, 2017 $20,122.28 653330 27296 D & D DISPOSAL INC Jan 19, 2017 $880.00 653331 25337 DAVS FLEET MAINT & TOWING INC Jan 19, 2017 $35.00 653332 26895 DE LADE LANDN INC Jan 19, 2017 $594.32 653333 25962 D FINITI HEALTHCARE MANAGEMENT INC Jan 19, 2017 $25.75 653334 2469 DEPARTMENT OF JUSTICE Jan 19, 2017 $497.00 653335 29162 DIXON, LESLIE Jan 19, 2017 $160.00 653336 28574 DR RONALD OSTROM Jan 19, 2017 $1,000.00 653337 27367 DRAGR SAFETY DIAGNOSTICS, INC Jan 19, 2017 $367.50 653338 18544 DUANE MORRIS LLP Jan 19, 2017 $821.15 653339 18544 DUANE MORRIS LLP Jan 19, 2017 $220,000.00 653340 21215 EAVES, DR RONALD W Jan 19, 2017 $25.00 653341 20062 ECOLINE INDUSTRIAL SUP'P'LY Jan 19, 2017 $2,481.10 653342 23872 EDC SYSTEMS INC Jan 19, 2017 $20,395.65 653343 29032 EDISON AGRICULTURE SERVICES INC Jan 19, 2017 $2,495.00 653344 20563 EDMONDS, TOM Jan 19, 2017 $25.00 653345 2811 ENTENMANN ROVIN CO Jan 19, 2017 $5,781.50 653346 26951 EQUARIUS WATERWORKS Jan 19, 2017 $2,236.54 653347 11861 ES ENGINEERING SERVICES INC Jan 19, 2017 $2,620.00 653348 2901 FDX Jan 19, 2017 $134.20 653349 2930 FILDMAN, ROLAPP & ASSOCIATES Jan 19, 2017 $261.00 653350 28511 FIRST ADVANTAGE BACKGROUND Jan 19, 2017 $90.00 653351 19657 FIRST CHOICE SERVICES INC Jan 19, 2017 $440.52 653352 25339 FLEET SERVICES TOWING INC Jan 19, 2017 $35.00 653353 27788 FLOW N CONTROL INC Jan 19, 2017 $2,164.33 653354 3028 FLOYDS GENERAL STORE Jan 19, 2017 $105.57 653355 29018 FRUITVALE AUTOMOTIVE Jan 19, 2017 $735.85 653356 21457 FUNCTIONAL ERGONOMICS INC Jan 19, 2017 $300.00 653357 12947 GALAGAZA, ANTHONY Jan 19, 2017 $160.00 653359 3213 GALLS, LLC Jan 19, 2017 $330.02 653360 27365 GARDNER,SHANE Jan 19, 2017 $70.00 653361 23087 GARNTT, JEFF Jan 19, 2017 $125.00 S: \Accounting \KAROL \Admin - Council \2017 \C0UNCIL- ADMIN\ 02115117 CC AGENDA PACKET PG 116 2/3/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 3 FROM 1/13/2017 TO 2/02/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 653362 15109 GEARHART, MICHAEL J Jan 19, 2017 $125.00 653363 29092 GI CONSULTANTS INC Jan 19, 2017 $2,274.40 653364 13174 GEORGE, MIKE Jan 19, 2017 $25.00 653365 3358 GILLIAM & SONS INC Jan 19, 2017 $9,029.00 653366 28898 GODINEZ LAW Jan 19, 2017 $8,990.22 653367 3403 GOLDEN STATE PETERBILT Jan 19, 2017 $929.22 653368 3427 GRAINGER INC, W W Jan 19, 2017 $243.76 653369 3450 GRANITE CONSTRUCTION INC Jan 19, 2017 $501,285.14 653370 3452 GRAYBAR ELECTRIC COMPANY Jan 19, 2017 $498.51 653371 24247 DREGS PETROLEUM SERVICES INC Jan 19, 2017 $4,135.49 653372 3569 H & S BODY WORKS & TOWING Jan 19, 2017 $110.00 653373 3593 HALL LETTER SHOP Jan 19, 2017 $1,562.40 653374 3601 HAMBLET, STEVE Jan 19, 2017 $241.00 653375 3661 HARTLEY, TYLER Jan 19, 2017 $160.00 653376 26296 HENGGELER, BEN Jan 19, 2017 $150.00 653377 7933 HOME DEPOT Jan 19, 2017 $597.27 653378 25660 HORIZON WATER & ENVIRONMENT LLC Jan 19, 2017 $5,843.88 653379 29163 IBARRA, GUSTAVO Jan 19, 2017 $40.00 653380 20795 IPC USA INC Jan 19, 2017 $18,409.84 653381 4226 JOHNSTON E SUPPLY OF BAKERSFIEL Jan 19, 2017 $1,249.22 653382 4254 JUDICIAL DATA SYSTEMS CORPORAT Jan 19, 2017 $167.72 653383 28989 K & I SERVICES INC Jan 19, 2017 $4,930.00 653384 4429 KERN COUNTY AUDITOR CONTROLLER Jan 19, 2017 $349,690.07 653385 4529 KERN COUNTY PUBLIC WORKS Jan 19, 2017 $143,442.77 653386 4439 KERN COUNTY WASTE MANAGEMENT Jan 19, 2017 $116,591.19 653387 4573 KERN COUNTY WATER AGENCY Jan 19, 2017 $2,849.00 653388 7492 KERN MACHINERY INC Jan 19, 2017 $175.91 653389 4677 KERN REFUSE DISPOSAL, INC Jan 19, 2017 $1,335,863.87 653390 4680 KERN RIVER POWER EQUIPMENT INC Jan 19, 2017 $811.36 653391 4740 KERN TURF SUPPLY Jan 19, 2017 $4,797.22 653392 16161 KINCO CONSTRUCTION Jan 19, 2017 $3,542.00 653393 4875 KNIGHTS PUMPING & PORTABLE SVC INC Jan 19, 2017 $284.48 653394 70078 KNIGHTS PUMPING & PORTABLE SVC INC Jan 19, 2017 $82.90 653395 12552 KURB KUT Jan 19, 2017 $300.00 653396 28956 LID MAINTENANCE & CONSTRUCTION Jan 19, 2017 $620.00 653397 1030 LEXISNEXIS MATTHEW BENDER & CO Jan 19, 2017 $121.63 653398 25044 LEXISNEXIS RISK SOLUTIONS INC Jan 19, 2017 $657.55 653399 20967 LIVE OAK ASSOCIATES INC Jan 19, 2017 $12,534.52 653400 15624 LOW 'S HOME IMPROVEMENT Jan 19, 2017 $113.68 653401 18492 M & S SECURITY SERVICES Jan 19, 2017 $1,296.00 653402 5291 MARTIN & CHAPMAN Jan 19, 2017 $15.75 653403 5262 MARTIN, LYLE Jan 19, 2017 $115.00 653404 5265 MARTINUSEN, TREVER Jan 19, 2017 $160.00 653405 16016 MCINTOSH & ASSOCIATES Jan 19, 2017 $1,052.50 653406 28760 MEDIWASTE DISPOSAL LLC Jan 19, 2017 $64.00 653407 7064 MERCHANTS PRINTING & ENVELOPE Jan 19, 2017 $99.98 653408 14119 METRO RECORD STORAGE INC Jan 19, 2017 $70.75 653409 19252 MEYER CIVIL ENGINEERING INC Jan 19, 2017 $17,119.00 653410 1316 MICHELIN NORTH AMERICA INC Jan 19, 2017 $8,248.14 653411 28444 MONTGOMERY, JAMES Jan 19, 2017 $500.00 653412 885 MSC INDUSTRIAL SUPPLY CO INC Jan 19, 2017 $41.67 653413 5790 MUXLOW CONSTRUCTION Jan 19, 2017 $1,770.00 S:\Accounting\KAROL\Admin - CounciI\2017\C0lJNCIL-ADMIN\ 02115117 CC AGENDA PACKET PG 117 2/3/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 4 FROM 1/13/2017 TO 2/02/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 653414 18506 NICHOLAS CONSTRUCTION INC Jan 19, 2017 $249,327.50 653415 5912 NIXON -GLI EQUIPMENT CO Jan 19, 2017 $752.50 653416 22806 NOLAN, DOUGAN Jan 19, 2017 $124.99 653417 5923 NORTH KERN WATER STORAGE DIST Jan 19, 2017 $8,286.10 653418 10361 OPEN & SHUT ENTERPRISES Jan 19, 2017 $85.00 653419 22301 OVERLAND PACIFIC & CUTLER INC Jan 19, 2017 $355,100.64 653420 29071 P & J COMMERCIAL PRODUCTS Jan 19, 2017 $3,214.66 653421 14088 PACIFIC GAS & ELECTRIC Jan 19, 2017 $46.76 653422 19049 PACIFIC PRODUCTS & SERVICES INC Jan 19, 2017 $9,070.38 653423 25270 PENINSULA MESSENGER INC Jan 19, 2017 $410.48 653424 28939 PEOPLES, BRIAN Jan 19, 2017 $125.00 653425 27046 PETERSON CORP Jan 19, 2017 $211.52 653426 27911 PORTERVILLE FORD Jan 19, 2017 $1,520.85 653427 28567 PRESORT CENTER OF FRESNO LLC Jan 19, 2017 $629.80 653428 27230 PRITCH TT, DRAKE Jan 19, 2017 $93.51 653429 26310 QUALITY MACHINERY CENTER INC Jan 19, 2017 $5,226.26 653430 15826 QUEST DIAGNOSTICS Jan 19, 2017 $60.66 653431 6557 QUICK CRETE PRODUCTS CORP Jan 19, 2017 $1,405.03 653432 26530 R BRUCE WALKER ED D INC Jan 19, 2017 $1,750.00 653433 6653 RAIN FOR RENT INC Jan 19, 2017 $1,304.93 653434 20713 RANDY'S TOWING Jan 19, 2017 $555.00 653435 3249 RAY GASKIN SERVICE INC Jan 19, 2017 $1,411.48 653436 6682 RAYMONDS TROPHY AND AWARDS Jan 19, 2017 $35.83 653437 28480 READY REFRESH Jan 19, 2017 $76.05 653438 19224 RDFLX INC Jan 19, 2017 $62,373.92 653439 28499 RELEVANT SOLUTIONS LLC Jan 19, 2017 $504.99 653440 10906 REYNA,NOE Jan 19, 2017 $160.00 653441 6617 RLH FIRE PROTECTION Jan 19, 2017 $2,000.00 653442 6995 SAFWAY SIGN Jan 19, 2017 $64,740.55 653443 15481 SAN JOAQUIN VALLEY RAILROAD CO INC Jan 19, 2017 $18,259.13 653444 27485 SAPIENS, ALBERT Jan 19, 2017 $125.00 653445 27361 SC FUELS Jan 19, 2017 $13,311.10 653446 22839 SECURITY PAVING CO, INC Jan 19, 2017 $1,952,737.56 653447 28658 SKIDMOR, OWINGS & MRRILL LLP Jan 19, 2017 $45,941.98 653448 7434 SMART & FINAL IRIS COMPANY Jan 19, 2017 $114.07 653449 28669 SOFTWARE ONE INC Jan 19, 2017 $969.04 653450 11566 SOIL CONTROL LAB INC Jan 19, 2017 $968.00 653451 23456 SORNSON,VRNON MD INC Jan 19, 2017 $1,032.00 653452 11907 SPARKLTTS /SIERRA SPRINGS Jan 19, 2017 $227.07 653453 7609 SPRINT Jan 19, 2017 $150.00 653454 10969 STANDRIDG, SCOTT Jan 19, 2017 $160.00 653455 20245 STRATTON, BRNT Jan 19, 2017 $2,746.10 653456 27451 STRONG, MICHAEL Jan 19, 2017 $50.00 653457 10161 TAB PRODUCTS CO LLC Jan 19, 2017 $552.97 653458 22165 TECH DISTRIBUTION & TIRE SUPPLY INC Jan 19, 2017 $535.86 653459 24444 T ICH RT CONSTRUCTION Jan 19, 2017 $341,462.50 653460 7972 THOMSON WEST INC Jan 19, 2017 $3,983.93 653461 20770 THORNTON, DENNIS Jan 19, 2017 $82.76 653462 27797 TORR S, CHRISTINO Jan 19, 2017 $39.01 653463 8247 U S A SUPPLIES Jan 19, 2017 $101.00 653464 12460 UNITED RENTALS NORTHWEST Jan 19, 2017 $1,231.18 653465 26780 UNIVERSAL BACKGROUND SCREENING INC Jan 19, 2017 $535.20 S: \Accounting \KAROL \Admin - Council \2017 \C0UNCIL- ADMIN\ 02115117 CC AGENDA P C E% P 118 2/3/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 5 FROM 1/13/2017 TO 2/02/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 653466 26060 VANGUARD CLEANING SYSTEMS INC Jan 19, 2017 $450.00 653467 8640 V TT R, KENNETH Jan 19, 2017 $75.00 653468 28758 VICTOR CONCRETE, INCORPORATED Jan 19, 2017 $6,515.00 653469 16625 VICTORY CIRCLE INC Jan 19, 2017 $399.73 653470 15609 WALKL Y, MICHAEL Jan 19, 2017 $160.00 653471 8820 WATRMAN INDUSTRIES Jan 19, 2017 $1,212.60 653472 28739 WSTAIR GASES & EQUIPMENT INC Jan 19, 2017 $48.15 653473 26447 W STCOAST HYDRAULICS Jan 19, 2017 $642.05 653474 21212 WHITE CAP CONSTRUCTION SUPPLY Jan 19, 2017 $351.03 653475 11228 WOOD & RANDALL INC Jan 19, 2017 $200.00 653476 537 A T & T Jan 19, 2017 $1,442.25 653477 70001 A -C ELECTRIC COMPANY Jan 19, 2017 $280,098.00 653479 78 ADVANCED DISTRIBUTION CO Jan 19, 2017 $7,257.04 653480 12516 AIMS Jan 19, 2017 $2,862.00 653481 28630 AVERY, DANIEL Jan 19, 2017 $225.00 653483 675 BAKERSFIELD CALIFORNIAN Jan 19, 2017 $3,224.27 653484 10320 BAKERSFIELD HOMELESS CENTER Jan 19, 2017 $48,672.80 653486 21172 BLACKHOLE TECHNOLOGIES INC Jan 19, 2017 $6,990.86 653487 10351 BOWMAN ASPHALT Jan 19, 2017 $19,970.50 653488 18159 C W A Jan 19, 2017 $172.00 653489 12366 CALIFORNIA ASSOCIATION OF CODE Jan 19, 2017 $250.00 653494 1696 CALIFORNIA WATER SERVICE Jan 19, 2017 $44,031.05 653495 27074 CN -CAL CONSTRUCTION INC Jan 19, 2017 $7,325.35 653496 1941 CHEVRON U S A Jan 19, 2017 $204.54 653497 11937 CITY OF BAKERSFIELD Jan 19, 2017 $1,643.23 653498 11937 CITY OF BAKERSFIELD Jan 19, 2017 $480.25 653499 11937 CITY OF BAKERSFIELD Jan 19, 2017 $26.88 653500 2050 CLIFFORD & BROWN Jan 19, 2017 $16,000.00 653501 19859 COUNTY OF KERN DEPARTMENT OF Jan 19, 2017 $121.10 653502 15063 CPRS DISTRICT 15 Jan 19, 2017 $1,380.00 653503 26312 EPIC AVIATION INC Jan 19, 2017 $221.62 653504 29159 FIRST CONGREGATIONAL CHURCH Jan 19, 2017 $1,020.00 653505 7509 GAS COMPANY Jan 19, 2017 $256.18 653507 3488 GRNFILD COUNTY WATER DIST Jan 19, 2017 $635.78 653508 3977 I A E I Jan 19, 2017 $120.00 653509 3983 INTERNATIONAL ASSOC OF CHIEFS Jan 19, 2017 $150.00 653510 4494 KERN COUNTY CLERK Jan 19, 2017 $2,266.25 653511 23127 KERN COUNTY TREASURER TAX COLLECTOR Jan 19, 2017 $3,407.48 653512 4577 KERN DELTA WATER DIST Jan 19, 2017 $119.70 653513 4577 KERN DELTA WATER DIST Jan 19, 2017 $4,953.73 653514 29156 KUHS & PARKER CLIENT TRUST ACCOUNT Jan 19, 2017 $40,313.00 653515 28967 LO,CHEYANNE PETTY CASH CUSTODIAN Jan 19, 2017 $245.00 653516 5118 LOCAL AGENCY FORMATION COMMISS Jan 19, 2017 $844.00 653517 12627 MARD ROSIAN & COH N Jan 19, 2017 $76,000.00 653518 6114 PACIFIC GAS & ELECTRIC COMPANY Jan 19, 2017 $45,092.30 653519 28567 PRESORT CENTER OF FRESNO LLC Jan 19, 2017 $12,000.00 653520 7096 SJVAPCD Jan 19, 2017 $264.00 653521 7096 SJVAPCD Jan 19, 2017 $167.00 653522 17986 SPRINT /NEXTEL COMMUNICATIONS Jan 19, 2017 $2,677.14 653523 17986 SPRINT /NEXTEL COMMUNICATIONS Jan 19, 2017 $820.81 653524 10623 STATE BOARD OF EQUALIZATION Jan 19, 2017 $1,379.50 653525 10623 STATE BOARD OF EQUALIZATION Jan 19, 2017 $3,662.06 S: \Accounting \KAROL \Admin - Council \2017 \C0UNCIL- ADMIN\ 02115117 CC AGENDA PACKET PG 119 2/3/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 6 FROM 1/13/2017 TO 2/02/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 653526 7636 STATE WATER RESOURCES CONTROL BOARD Jan 19, 2017 $170.00 653527 16783 SWRCB ACCOUNTING OFFICE Jan 19, 2017 $220.00 653528 20601 VRIZON WIRELESS Jan 19, 2017 $252.90 653529 30002 MEDICAL EYE SERVICE COMPANY Jan 19, 2017 $5,201.59 653530 26810 RLIASTAR LIFE INSURANCE CO Jan 19, 2017 $3,673.46 653531 30027 U S BANK - PARS #6746022400 Jan 19, 2017 $1,732.71 653532 30020 UNUM Jan 19, 2017 $5,379.51 653533 10037 ANDREW ZANINOVICH Jan 20, 2017 $206.00 653534 18775 CALPRS- REPLACEMENT BENEFIT FUND Jan 20, 2017 $8,025.24 653535 10047 CLASSIC LUBE & AUTO CARE Jan 20, 2017 $164.88 653536 10047 DERRICK AARON Jan 20, 2017 $84.37 653537 10047 FILLRUP INVESTMENT Jan 20, 2017 $23.85 653538 10047 FIRST STATES INVESTORS 5200 LL Jan 20, 2017 $199.36 653539 10037 H RIB RTO GUZMAN JR Jan 20, 2017 $41.36 653540 10047 JAY SINGH Jan 20, 2017 $295.57 653541 4435 KERN COUNTY CLERKS Jan 20, 2017 $150.00 653542 10047 KERRY LUKENS Jan 20, 2017 $96.45 653543 10047 LOUISE & STEVEN BOOTH Jan 20, 2017 $13.12 653544 10047 MAGIC PROPERTY MANAGEMENT Jan 20, 2017 $60.00 653545 10047 MISSION FOODS (GROMA) Jan 20, 2017 $374.29 653546 10047 PHO VINA Jan 20, 2017 $303.68 653547 10047 SEAN & LEAFS BENTLEY Jan 20, 2017 $13.66 653548 10037 STATEWIDE TRAFFIC SAFETY Jan 20, 2017 $200.00 653549 10037 TIMOTHY OSH A LAW OFFICE Jan 20, 2017 $181.76 653550 13144 UND RHILL, DONALD Jan 20, 2017 $1,041.98 653551 70317 VIGIL, YVONNE Jan 20, 2017 $801.00 653552 21062 WSBROOK, WILLIAM Jan 20, 2017 $1,919.28 653553 14993 CALIFORNIA AIR RESOURCES BOARD Jan 20, 2017 $11,178.01 653554 12298 CITY OF BAKERSFIELD Jan 20, 2017 $67,837.15 653555 3593 FALL LETTER SHOP Jan 20, 2017 $1,243.55 653556 4429 KERN COUNTY AUDITOR CONTROLLER Jan 20, 2017 $2,915.00 653557 6114 PACIFIC GAS & ELECTRIC COMPANY Jan 20, 2017 $138,021.50 653558 22346 ABACUS I M T INC Jan 26, 2017 $7,334.14 653559 25334 ABOVE AND BEYOND CONSTRUCTION Jan 26, 2017 $475.00 653560 26503 ABSOLUTE ACCURACY INC Jan 26, 2017 $15.00 653561 20576 ACTION GLASS INC Jan 26, 2017 $3,200.00 653562 15433 ADVANCE MOBILE SECURITY Jan 26, 2017 $90.23 653563 17100 AFROS ENVIRONMENTAL INC Jan 26, 2017 $435.00 653564 212 AMERICAN DATAVAULT INC Jan 26, 2017 $157.00 653565 26835 AMERICAN RED CROSS-HEALTH & Jan 26, 2017 $414.00 653566 340 AMERICAS Jan 26, 2017 $242.47 653567 17585 AMRINATIONAL COMMUNITY SRV INC Jan 26, 2017 $1,136.34 653568 347 AMRP INC Jan 26, 2017 $115.42 653569 1049 APPLIED LNG TECHNOLOGIES, LLC Jan 26, 2017 $9,107.78 653570 520 AUTO TINT WEST INC Jan 26, 2017 $41.80 653571 652 B A C S CO Jan 26, 2017 $64.24 653572 675 BAKERSFIELD CALIFORNIAN Jan 26, 2017 $291.70 653573 17037 BAKERSFIELD CONDORS Jan 26, 2017 $1,800.00 653574 10320 BAKERSFIELD HOMELESS CENTER Jan 26, 2017 $28,140.15 653575 13592 BAKERSFIELD IRRIGATION Jan 26, 2017 $185.16 653576 24027 BAKERSFIELD PEST CONTROL Jan 26, 2017 $65.00 653577 10674 BAKERSFIELD RETAIL SYSTEMS Jan 26, 2017 $310.38 S: \Accounting \KAROL \Admin - Council \2017 \C0UNCIL- ADMIN\ 02115117 CC AGENDA PACKET PG 120 2/3/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 7 FROM 1/13/2017 TO 2/02/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 653578 841 BAKERSFIELD RUBBER STAMP CO Jan 26, 2017 $163.23 653579 850 BAKERSFIELD SENIOR CENTER Jan 26, 2017 $7,243.28 653580 875 BAKERSFIELD TRUCK CENTER Jan 26, 2017 $13.31 653581 13424 BARNES WELDING SUP'P'LY Jan 26, 2017 $1,913.31 653582 13045 BASKETBALL PRODUCTS INTRNAT °L LLC Jan 26, 2017 $174.00 653583 28718 BCRRA, SALVADOR Jan 26, 2017 $125.00 653584 28341 BOB'S AUTO GLASS INC Jan 26, 2017 $800.00 653585 22817 BORN AGAIN BODYWORKS Jan 26, 2017 $679.60 653586 1249 BRANDCO Jan 26, 2017 $297.04 653587 19303 BRIGHT HOUSE NETWORKS Jan 26, 2017 $45.18 653588 1292 BROWN ARMSTRONG Jan 26, 2017 $3,420.00 653589 10267 BUDGET BOLT INC Jan 26, 2017 $1,036.46 653590 1477 CAL VALLEY EQUIPMENT INC Jan 26, 2017 $125.00 653591 28670 CALIF STATE UNIVERSITY - STANISLAUS Jan 26, 2017 $4,401.77 653592 12366 CALIFORNIA ASSOCIATION OF CODE Jan 26, 2017 $170.00 653593 12082 CALIFORNIA CHAMBER OF COMMERCE Jan 26, 2017 $1,641.75 653594 28603 CALIFORNIA FUELS & LUBRICANTS Jan 26, 2017 $17,803.14 653595 1700 CALIFORNIA WATER SERVICE Jan 26, 2017 $14,353.27 653596 1695 CALIFORNIA WATER SERVICE CO Jan 26, 2017 $578,545.39 653597 1695 CALIFORNIA WATER SERVICE CO Jan 26, 2017 $41,740.00 653598 22305 CALVILLO, JUAN Jan 26, 2017 $125.00 653599 27074 CN -CAL CONSTRUCTION INC Jan 26, 2017 $22,101.50 653600 26731 CNTRISYS CORPORATION Jan 26, 2017 $30,825.00 653601 1859 CERTIFIED LABORATORIES Jan 26, 2017 $2,212.22 653602 1888 CHAMPION HARDWARE Jan 26, 2017 $155.18 653603 29017 CLEAN WRIGHT SERVICE Jan 26, 2017 $123.00 653604 11167 COLS ENVIRONMENTAL Jan 26, 2017 $369.00 653605 29175 COMRFORD, DANIEL Jan 26, 2017 $112.00 653606 26687 CONTRRAS, GUADALUPE Jan 26, 2017 $4,187.55 653607 27684 COURTHOUSE NEWS SERVICE Jan 26, 2017 $225.00 653608 2245 CROCKR JANITORIAL SUP'P'LY CO Jan 26, 2017 $169.85 653609 20911 CROWN AWARDS Jan 26, 2017 $550.18 653610 22423 CS AMSCO Jan 26, 2017 $31,666.09 653611 27218 CUMMINS PACIFIC LLC Jan 26, 2017 $250.05 653612 25961 DLANY MANUFACTURING INC Jan 26, 2017 $59.13 653613 13970 DELL MARKETING L P Jan 26, 2017 $546.91 653614 11271 DEPARTMENT OF TRANSPORTATION Jan 26, 2017 $4,629.13 653615 2511 DIAZ, SAMUEL H Jan 26, 2017 $425.00 653616 25742 DISCOUNT RADIATOR CENTER Jan 26, 2017 $174.15 653617 2656 DUNN EDWARDS CORPORATION Jan 26, 2017 $426.86 653618 26425 EICHNER, LAWRENCE Jan 26, 2017 $567.00 653619 2752 ELBERT DISTRIBUTING Jan 26, 2017 $60.33 653620 27898 ELECTRICAL SYSTEMS & INST INC Jan 26, 2017 $770.00 653621 26951 EQUARIUS WATERWORKS Jan 26, 2017 $17,457.98 653622 23720 ERNEST PACKING SOLUTIONS INC Jan 26, 2017 $1,106.91 653623 12943 EVIDENT CRIME SCENE PRODUCTS Jan 26, 2017 $1,076.00 653624 2901 FDX Jan 26, 2017 $6.41 653625 19657 FIRST CHOICE SERVICES INC Jan 26, 2017 $468.63 653626 26081 FIRST SERVICE STRAIGHTLINE ENT Jan 26, 2017 $2,137.45 653627 25339 FLEET SERVICES TOWING INC Jan 26, 2017 $35.00 653628 22590 FL TCH R, NIAROBI Jan 26, 2017 $125.00 653629 3028 FLOYDS GENERAL STORE Jan 26, 2017 $64.08 S: \Accounting \KAROL \Admin - Council \2017 \C0UNCIL- ADMIN\ 02115117 CC AGENDA PACKET PG 121 2/3/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 8 FROM 1/13/2017 TO 2/02/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 653630 22351 FREEDOM PAPER Jan 26, 2017 $251.55 653631 29169 GALLEGOS, LUIS Jan 26, 2017 $249.00 653632 3213 GALLS, LLC Jan 26, 2017 $297.56 653633 28178 GARCIA, ADAM Jan 26, 2017 $405.00 653634 29093 GARZA, ERIK Jan 26, 2017 $125.00 653635 25881 GIC TRANSPORT INC Jan 26, 2017 $2,664.00 653636 29172 GILL, SAMNA KAUR Jan 26, 2017 $123.33 653637 3358 GILLIAM & SONS INC Jan 26, 2017 $13,960.00 653638 29082 GRANITE DATA SOLUTIONS Jan 26, 2017 $52,201.12 653639 3452 GRAYBAR ELECTRIC COMPANY Jan 26, 2017 $2,894.17 653640 24247 DREGS PETROLEUM SERVICES INC Jan 26, 2017 $2,847.26 653641 28290 GUEVARA, MATTHEW Jan 26, 2017 $125.00 653642 22068 GUTIERREZ, RICHARD Jan 26, 2017 $102.11 653643 3569 H & S BODY WORKS & TOWING Jan 26, 2017 $185.00 653644 3593 HALL LETTER SHOP Jan 26, 2017 $451.70 653645 3660 HARBOR FREIGHT TOOLS Jan 26, 2017 $96.46 653646 20139 HEARTLAND SERVICES INC Jan 26, 2017 $287.50 653647 26296 HENGGELER, BEN Jan 26, 2017 $242.44 653648 3750 HENRY LEASING & MFG CO Jan 26, 2017 $128.50 653649 27026 HO FT, SHANE Jan 26, 2017 $225.00 653650 29170 INDUSTRIAL HEARING & PULMONARY MGMT Jan 26, 2017 $7,700.00 653651 3972 INSIGHT PUBLIC SECTOR Jan 26, 2017 $3,389.60 653652 3969 INSTANT STORAGE Jan 26, 2017 $100.98 653653 20795 IPC USA INC Jan 26, 2017 $56,313.80 653654 147 JIM ALFTER CEMENT CONTRACTOR Jan 26, 2017 $75,887.35 653655 26387 JIM BURKE FORD-EQ Jan 26, 2017 $95,839.15 653656 4243 JORGENSEN & CO Jan 26, 2017 $1,115.91 653657 28989 K & I SERVICES INC Jan 26, 2017 $2,610.00 653658 19554 K & R TOWING Jan 26, 2017 $105.00 653659 4288 KAMAN INDUSTRIAL TECHNOLOGIES INC Jan 26, 2017 $224.52 653660 27250 KARISH INDUSTRIES Jan 26, 2017 $2,115.51 653661 4577 KERN DELTA WATER DIST Jan 26, 2017 $13,292.00 653662 14575 KERN DOOR MANAGEMENT Jan 26, 2017 $26,000.00 653663 4583 KERN ECONOMIC DEVELOPMENT CORP Jan 26, 2017 $1,250.00 653664 4581 KERN ELECTRIC DISTRIBUTORS Jan 26, 2017 $4,569.02 653665 7492 KERN MACHINERY INC Jan 26, 2017 $531.04 653666 4680 KERN RIVER POWER EQUIPMENT INC Jan 26, 2017 $83.00 653667 4700 KERN SECURITY SYSTEMS INC Jan 26, 2017 $45.37 653668 4740 KERN TURF SUPPLY Jan 26, 2017 $550.51 653669 4861 KISCO SALES INC Jan 26, 2017 $89.55 653670 4277 KM E FIRE APPARATUS Jan 26, 2017 $1,619.32 653671 4875 KNIGHTS PUMPING & PORTABLE SVC INC Jan 26, 2017 $238.90 653672 23743 LANDSCAPE DEVELOPMENT INC Jan 26, 2017 $1,348.33 653673 22408 LEHR AUTO ELECTRIC Jan 26, 2017 $1,929.04 653674 15014 MAY, JASON Jan 26, 2017 $225.00 653675 16016 MCINTOSH & ASSOCIATES Jan 26, 2017 $6,461.00 653676 26902 MENDOZA & ASSOCIATES INC Jan 26, 2017 $122,503.90 653677 7064 MERCHANTS PRINTING & ENVELOPE Jan 26, 2017 $1,577.46 653678 14119 METRO RECORD STORAGE INC Jan 26, 2017 $26.00 653679 18520 METROPOLITAN RECYCLING LLC Jan 26, 2017 $19,627.88 653680 19252 MEYER CIVIL ENGINEERING INC Jan 26, 2017 $16,217.50 653681 23165 MGT OF AMERICA INC Jan 26, 2017 $4,300.00 S:\Accounting\KAROL\Admin - CounciI\2017\C0lJNCIL-ADMIN\ 02115117 CC AGENDA PACKET PG 122 2/3/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 9 FROM 1/13/2017 TO 2/02/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 653682 1316 MICHELIN NORTH AMERICA INC Jan 26, 2017 $537.08 653683 10424 MINGUS, RICHARD Jan 26, 2017 $95.01 653684 28768 MKN & ASSOCIATES INC Jan 26, 2017 $7,414.76 653685 28473 MOOR E, CHRISTOPHER Jan 26, 2017 $1,604.00 653686 5681 MOSS, ROBERT B JR Jan 26, 2017 $2,948.46 653687 5688 MOTION INDUSTRIES INC Jan 26, 2017 $79.14 653688 5687 MOTOR CITY SALES & SERVICE Jan 26, 2017 $241.07 653689 22058 NET TRANSCRIPTS, INC. Jan 26, 2017 $60.86 653690 25752 NISHIKAWA PROPERTY MAINTENANCE INC Jan 26, 2017 $9,309.00 653691 24279 O'REILLY AUTO PARTS Jan 26, 2017 $55.16 653692 26543 ORTIZ, JOSE Jan 26, 2017 $125.00 653693 14515 OXLEY'S PEST CONTROL INC Jan 26, 2017 $45.00 653694 6448 P T 0 SALES CORP / TRUCKPRO LLC Jan 26, 2017 $642.10 653695 23862 PACIFIC GAS AND ELECTRIC CO Jan 26, 2017 $14,367.63 653696 6122 PACIFIC POWER INC Jan 26, 2017 $36.74 653697 10424 PARK S, THOMAS Jan 26, 2017 $95.01 653698 19231 PARSONS BRINCKERHOFF CONST SERVICES Jan 26, 2017 $338.17 653699 20828 PARSONS TRANSPORTATION GROUP INC Jan 26, 2017 $145,288.74 653700 24029 PAYLESS TOWING Jan 26, 2017 $105.00 653701 26215 PLAYCRAFT DIRECT INC Jan 26, 2017 $485.53 653702 27911 PORTERVILLE FORD Jan 26, 2017 $153.13 653703 178 PRAXAIR DISTRIBUTION INC Jan 26, 2017 $275.10 653704 26997 PROVOST & PRITCHARD CONSULTING INC Jan 26, 2017 $32,354.42 653705 25313 R & A UPHOLSTERY Jan 26, 2017 $320.00 653706 20713 RANDY'S TOWING Jan 26, 2017 $175.00 653707 3249 RAY GASKIN SERVICE INC Jan 26, 2017 $870.03 653708 6682 RAYMONDS TROPHY AND AWARDS Jan 26, 2017 $273.07 653709 28480 READY REFRESH Jan 26, 2017 $43.09 653710 6915 ROUND-UP FEED AND PET SUPPLY Jan 26, 2017 $657.97 653711 28665 ROUTE READY PARTS Jan 26, 2017 $4,961.26 653712 17449 RRM DESIGN GROUP INC Jan 26, 2017 $2,169.95 653713 18666 SALMON, STEPHANIE Jan 26, 2017 $276.38 653714 15481 SAN JOAQUIN VALLEY RAILROAD CO INC Jan 26, 2017 $4,305.00 653715 7283 SEQUOIA PAINT COMPANY INC Jan 26, 2017 $80.47 653716 21782 SGS TESTCOM Jan 26, 2017 $26.58 653717 27269 SHELTON, KEITH Jan 26, 2017 $112.00 653718 28327 SJE-RHOMBUS Jan 26, 2017 $24,947.96 653719 7434 SMART & FINAL IRIS COMPANY Jan 26, 2017 $26.94 653720 7459 SNIDER'S INC Jan 26, 2017 $202.98 653721 28669 SOFTWARE ONE INC Jan 26, 2017 $808.23 653722 11566 SOIL CONTROL LAB INC Jan 26, 2017 $1,068.00 653723 28694 SOUTHLAND PRINTING CO INC Jan 26, 2017 $1,698.95 653724 11907 SPARKLETTS/SlERRA SPRINGS Jan 26, 2017 $344.95 653725 26607 SPARKLING IMAGE CAR WASH Jan 26, 2017 $199.96 653726 28923 STARS AND STRIPS TREE CARE Jan 26, 2017 $1,200.00 653727 28432 STREET, WILLIAM Jan 26, 2017 $63.50 653728 18551 SUPERCO SPECIALTY PRODUCTS INC Jan 26, 2017 $1,998.11 653729 26369 T Y LIN INTERNATIONAL INC Jan 26, 2017 $94,262.04 653730 25338 TEN EIGHT TOW INC Jan 26, 2017 $140.00 653731 19961 THE HON COMPANY-C/O STINSONS Jan 26, 2017 $215.77 653732 7999 THREE-WAY CHEVROLET Jan 26, 2017 $1,395.37 653733 17175 THYSSENKRUPP ELEVATOR INC Jan 26, 2017 $1,253.66 S:\Accounting\KAROL\Admin - CounciI\2017\C0lJNCIL-ADMIN\ 02115117 CC AGENDA PACKET PG 123 2/3/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 10 FROM 1/13/2017 TO 2/02/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 653734 18773 IRAN E COMPANY INC Jan 26, 2017 $9,793.21 653735 23670 TRICOR ENERGY, LLC Jan 26, 2017 $496,136.13 653736 96 TYACK TIRES INC Jan 26, 2017 $211.16 653737 29177 TYUS, DEVIN Jan 26, 2017 $112.00 653738 8316 UNITED LABORATORIES Jan 26, 2017 $1,089.71 653739 28688 UNIVERSAL PROTECTION SERVICE Jan 26, 2017 $5,047.50 653740 27086 VALENTI, MARY Jan 26, 2017 $500.00 653741 29164 VALLE VERDE ANIMAL HOSPITAL Jan 26, 2017 $6,950.00 653742 8520 VALLEY POWER SYSTEMS, INC Jan 26, 2017 $588.59 653743 15132 VALLEY PROPANE SERVICE Jan 26, 2017 $213.42 653744 26060 VANGUARD CLEANING SYSTEMS INC Jan 26, 2017 $375.00 653745 8611 VAUGHN WATER CO., INC. Jan 26, 2017 $15,875.60 653746 28702 VILLARREAL, JESSICA Jan 26, 2017 $1,623.00 653747 14647 WAXIE SANITARY SUPPLY INC Jan 26, 2017 $3,994.82 653748 26512 WI KOO Jan 26, 2017 $19,173.93 653749 19776 WEST PAYMENT CENTER Jan 26, 2017 $2,538.90 653750 26447 WESTCOAST HYDRAULICS Jan 26, 2017 $255.00 653751 21212 WHITE CAP CONSTRUCTION SUPPLY Jan 26, 2017 $291.12 653752 26525 WHIT EWATER WEST INDUSTRIES LTD Jan 26, 2017 $335,491.79 653753 20165 WILLDAN ENGINEERING Jan 26, 2017 $1,850.00 653754 28563 WILSONS INDUSTRIAL PUMP Jan 26, 2017 $15,152.28 653755 27953 ZAMORA, JUAN Jan 26, 2017 $75.06 653756 25879 ZOOM IMAGING SOLUTIONS, INC. Jan 26, 2017 $559.10 653757 29124 123 SECURITY PRODUCTS Jan 26, 2017 $442.00 653758 28854 3C PAYMENT (USA) CORP Jan 26, 2017 $100.00 653759 29128 836 TECHNOLOGIES Jan 26, 2017 $25,914.55 653760 537 A T & T Jan 26, 2017 $781.24 653761 6129 AT&T Jan 26, 2017 $209.43 653762 18484 A T & T Jan 26, 2017 $38.67 653763 28860 AT&T Jan 26, 2017 $14,778.69 653764 18484 A T & T Jan 26, 2017 $13,499.90 653768 78 ADVANCED DISTRIBUTION CO Jan 26, 2017 $7,553.74 653769 12516 AIMS Jan 26, 2017 $216.00 653770 290 AMERICAN PUBLIC WORKS ASSN Jan 26, 2017 $190.00 653771 25425 AWNING SHOPPE Jan 26, 2017 $425.00 653773 21172 BLACKHOLE TECHNOLOGIES INC Jan 26, 2017 $15,470.75 653775 18692 BOUND TREE MEDICAL LLC Jan 26, 2017 $4,923.38 653776 1696 CALIFORNIA WATER SERVICE Jan 26, 2017 $9,092.79 653777 2214 COUNTY OF KERN Jan 26, 2017 $100.00 653778 2814 DEPARTMENT OF CONSUMER AFFAIRS Jan 26, 2017 $270.00 653779 2296 DFM ASSOCIATES Jan 26, 2017 $160.88 653780 2714 EAST NILES COMMUNITY SERVICES Jan 26, 2017 $116.96 653782 3427 GRAINGER INC, W W Jan 26, 2017 $2,796.76 653783 70055 GRIFFITH COMPANY Jan 26, 2017 $53,535.04 653784 26010 GUTIERREZ, CHRISTINE Jan 26, 2017 $87.47 653787 7933 HOME DEPOT Jan 26, 2017 $3,184.37 653790 7933 HOME DEPOT Jan 26, 2017 $2,959.77 653791 28914 IAPMO Jan 26, 2017 $45.00 653792 4677 KERN REFUSE DISPOSAL, INC Jan 26, 2017 $125,864.02 653793 18679 LEIU LAPD/MCD Jan 26, 2017 $595.00 653795 15624 LOW 'S HOME IMPROVEMENT Jan 26, 2017 $1,787.24 653797 15624 LOW 'S HOME IMPROVEMENT Jan 26, 2017 $2,078.54 S:\Accounting\KAROL\Admin - CounciI\2017\C0lJNCIL-ADMIN\ 02115117 CC AGENDA PACKET PG 124 2/3/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 11 FROM 1/13/2017 TO 2/02/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 653798 29176 MARTIN, LYLE PETTY CASH CUSTODIAN Jan 26, 2017 $123.19 653799 29171 METRO GALLERIES Jan 26, 2017 $400.00 653800 12273 NATIONAL NOTARY ASSOCIATION Jan 26, 2017 $285.00 653801 12967 NATIONAL RECREATION & PARK ASSOC Jan 26, 2017 $480.00 653802 28991 NISH -KO INC Jan 26, 2017 $87,516.89 653803 6114 PACIFIC GAS & ELECTRIC COMPANY Jan 26, 2017 $1,955.97 653807 6376 PIONEER PAINT Jan 26, 2017 $17,093.08 653809 27361 SC FUELS Jan 26, 2017 $31,748.73 653810 7508 SOUTHERN CALIFORNIA EDISON CO. Jan 26, 2017 $68.75 653811 7764 SWANA Jan 26, 2017 $242.00 653812 8098 TRAFFIC CONTROL SUPERVISORS ASSN Jan 26, 2017 $50.00 653814 96 TYACK TIRES INC Jan 26, 2017 $4,358.26 653816 10428 UNITED REFRIGERATION INC Jan 26, 2017 $1,077.09 653817 20601 VRIZON WIRELESS Jan 26, 2017 $25.02 653818 20601 VRIZON WIRELESS Jan 26, 2017 $1,602.10 653819 20601 VRIZON WIRELESS Jan 26, 2017 $25.02 653820 20601 VRIZON WIRELESS Jan 26, 2017 $688.31 653823 15482 VULCAN MATERIALS CO Jan 26, 2017 $429,764.13 653824 10158 ALEXANDER, SUSAN Jan 27, 2017 $40.53 653825 70318 ALPHA & OMEGA GARDENING INC Jan 27, 2017 $7,944.00 653826 15461 ALVIDRZ, TONY M Jan 27, 2017 $42.50 653827 359 ANDERSON, ALLEN M Jan 27, 2017 $35.53 653828 11517 ANSON, GARY Jan 27, 2017 $42.50 653829 24927 ARRIBILLAGA, ROSEMARIE Jan 27, 2017 $42.50 653830 514 AUSTIN, MARK W Jan 27, 2017 $42.50 653831 541 AVALOS, JOHN Jan 27, 2017 $42.50 653832 10047 BASIGLIO, SRINA & ADRIAN Jan 27, 2017 $35.00 653833 15209 BRTRAND, FLOYD Jan 27, 2017 $42.50 653834 10047 BISPO, TARRN M L Jan 27, 2017 $35.00 653835 1111 BLACKBURN, CLO Jan 27, 2017 $42.50 653836 1463 CADNA, JAKE Jan 27, 2017 $42.50 653837 1771 CARROLL, EUGENE J Jan 27, 2017 $42.50 653838 12236 COLBURN, SCOTT Jan 27, 2017 $42.50 653839 15997 COLW LL, SHIRM Y A Jan 27, 2017 $42.13 653840 2224 CORE, FLORN R Jan 27, 2017 $42.50 653841 10697 CRAWFORD, KAREN Jan 27, 2017 $42.50 653842 2261 CUNNINGHAM, TERRY Jan 27, 2017 $35.53 653843 70189 DAVI S, SH LL Y FROWARD Jan 27, 2017 $210.20 653844 2435 DE LAURIE, JERRY Jan 27, 2017 $42.50 653845 11430 DEEM, JEWELL Jan 27, 2017 $25.54 653846 25634 DIMBRG, LAUREN Jan 27, 2017 $10.56 653847 10037 DIVINE POWER USA Jan 27, 2017 $192.00 653848 2630 DOYL, MIKE Jan 27, 2017 $42.50 653849 2925 FIDLR, DENNIS Jan 27, 2017 $42.50 653850 12742 GEORGE, PRESTON Jan 27, 2017 $42.50 653851 14964 GIBSON, BOB G Jan 27, 2017 $42.50 653852 3538 DUSTIN, WNDLL Jan 27, 2017 $58.73 653853 25970 HACK R, ROBERT Jan 27, 2017 $42.50 653854 11942 FALL, DENNIS Jan 27, 2017 $42.50 653855 16862 FALTFCOMP INC Jan 27, 2017 $150.15 653856 16862 FALTFCOMP INC Jan 27, 2017 $166.32 653857 3770 FRRRA, FRANK R Jan 27, 2017 $42.50 S: \Accounting \KAROL \Admin - Council \2017 \C0UNCIL- ADMIN\ 02115117 CC AGENDA PACKET PG 125 2/3/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 12 FROM 1/13/2017 TO 2/02/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 653858 11438 HUNTINGTON, LORRAINE Jan 27, 2017 $42.50 653859 24194 JOHNSON, CLARISSE Jan 27, 2017 $42.50 653860 27671 KELLER, MAXINE Jan 27, 2017 $42.50 653861 4435 KERN COUNTY CLERKS Jan 27, 2017 $250.00 653862 21175 KISBEY, KAREN Jan 27, 2017 $42.50 653863 29173 KOTENSKI, LAMIRL Jan 27, 2017 $3.06 653864 4931 KULLRICH, DAN Jan 27, 2017 $20.55 653865 10047 LEON, ANTHONY BALTAZAR Jan 27, 2017 $200.00 653866 12054 LIVERMORE, PATRICIA Jan 27, 2017 $42.13 653867 5163 LOPEZ, FRANK Jan 27, 2017 $42.50 653868 24061 MAHAFFEY, BOBBY Jan 27, 2017 $42.50 653869 10037 MARANATHA GARDENING & LANDSCAPE INC Jan 27, 2017 $380.00 653870 70319 MC GILL FAMILY TRUST Jan 27, 2017 $523.00 653871 10047 MING, THOMAS Jan 27, 2017 $53.27 653872 10600 MOYER, MICKEY D. Jan 27, 2017 $42.50 653873 22464 MUNISERVICES Jan 27, 2017 $25,606.24 653874 10047 MUNOZ, EDUARDO & NATALIE Jan 27, 2017 $70.00 653875 10037 MYERS ELECTRIC CO Jan 27, 2017 $77.00 653876 5896 NEWTON, KENNETH RAY Jan 27, 2017 $42.50 653877 11448 O'KANE, CLYDE Jan 27, 2017 $42.50 653878 6022 ORTIZ, JULIO P. Jan 27, 2017 $42.13 653879 14352 OWN, CAROL Jan 27, 2017 $20.55 653880 27975 OWN, M ROSE Jan 27, 2017 $35.53 653881 11450 PAINTER, JULIA Jan 27, 2017 $42.50 653882 11451 PHILLIPS, SHIRLEY A Jan 27, 2017 $42.50 653883 21586 PLANNING & NATURAL RESOURCES DEPT Jan 27, 2017 $375.00 653884 70320 REYES, CORRINE & ISAAC J Jan 27, 2017 $620.60 653885 28060 ROBERTS, EMMA Jan 27, 2017 $42.50 653886 70025 ROBO PLUMBING Jan 27, 2017 $400.00 653887 10644 SADLER, JOHNNY Jan 27, 2017 $10.56 653888 7357 SHERMAN, THOMAS Jan 27, 2017 $42.50 653889 7351 SHIP S, HENRY Jan 27, 2017 $42.50 653890 7493 SNYDER,RHENDA Jan 27, 2017 $25.53 653891 10037 STEPHEN WILLIFORD Jan 27, 2017 $400.00 653892 20357 TEUTIMEZ, DONALD Jan 27, 2017 $42.50 653893 25230 THOMAS, JUDY Jan 27, 2017 $35.53 653894 26861 TORRES, SHIRLEY Jan 27, 2017 $42.50 653895 10037 TRAFFIC MANAGEMENT INC Jan 27, 2017 $200.00 653896 24193 URSIN, MARGARET Jan 27, 2017 $42.50 653897 29174 VALLIANT, JOHN Jan 27, 2017 $30.54 653898 17940 VINCENT, LESLIE Jan 27, 2017 $42.50 653899 23357 WALCK, CORA Jan 27, 2017 $42.50 653900 9012 WILLIAMS, CATHRYN L. Jan 27, 2017 $10.56 653901 15380 WILLIAMS, ISABEL Jan 27, 2017 $42.50 653902 9052 WISHAM, DARLENE Jan 27, 2017 $42.50 653903 19113 BRANSON, DARRIN Jan 27, 2017 $2,000.00 653904 10292 CITY OF BAKERSFIELD Jan 27, 2017 $141.00 653905 4573 KERN COUNTY WATER AGENCY Jan 27, 2017 $379,078.69 653908 6114 PACIFIC GAS & ELECTRIC COMPANY Jan 27, 2017 $235,756.78 653911 7638 STATE BOARD OF EQUALIZATION Jan 27, 2017 $5,492.00 653912 10204 ASSOCIATION BKFD POLICE OFFICER FCU Jan 27, 2017 $14,714.75 653913 10211 BAKERSFIELD FIREMEN Jan 27, 2017 $9,104.05 S:\Accounting\KAROL\Admin - CounciI\2017\C0lJNCIL-ADMIN\ 02115117 CC AGENDA PACKET PG 126 2/3/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 13 FROM 1/13/2017 TO 2/02/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 653914 10200 BAKERSFIELD FIREMEN RELIEF ASS Jan 27, 2017 $8,562.20 653915 10203 BAKERSFIELD POLICE BENEFIT Jan 27, 2017 $24,647.64 653916 10205 MUTUAL BENEFIT ASSOCIATION Jan 27, 2017 $1,735.21 653917 26810 RLIASTAR LIFE INSURANCE CO Jan 27, 2017 $859.83 653918 22324 SIU LOCAL 521 Jan 27, 2017 $20,430.25 653919 19592 AT&T Feb 2, 2017 $1,398.39 653920 22346 ABACUS I M T INC Feb 2, 2017 $1,048.13 653921 65 ACCO CABLE SPLICING Feb 2, 2017 $193.05 653922 19406 ACOM SOLUTIONS INC Feb 2, 2017 $1,366.00 653923 20576 ACTION GLASS INC Feb 2, 2017 $1,750.00 653924 28221 ADAMS, CODI J Feb 2, 2017 $425.00 653925 15433 ADVANCE MOBILE SECURITY Feb 2, 2017 $547.49 653926 28831 ADVANCED INDUSTRIAL SERVICES Feb 2, 2017 $638.95 653927 28605 ADVINCULA, JOHN Feb 2, 2017 $125.00 653928 24147 ALCALA, FRANCISCO S Feb 2, 2017 $125.00 653929 24462 ALIANZA RECYCLING & RECOVERY LLC Feb 2, 2017 $408.30 653930 19496 ALL PRO CLEANING SERVICE Feb 2, 2017 $1,440.00 653931 160 ALL THAT LETTERING SIGN COMPNY Feb 2, 2017 $60.00 653932 23588 ALUMINUM CHUCK WAGON Feb 2, 2017 $13,398.62 653933 27366 AMERICAN MESSAGING Feb 2, 2017 $128.26 653934 13049 ARMA COATINGS OF BAKERSFIELD Feb 2, 2017 $1,447.87 653935 29059 B & H INTERNATIONAL LLC Feb 2, 2017 $201,656.22 653936 675 BAKERSFIELD CALIFORNIAN Feb 2, 2017 $129.42 653937 18846 BAKERSFIELD CHRYSLER JEEP MAZDA Feb 2, 2017 $138.89 653938 10320 BAKERSFIELD HOMELESS CENTER Feb 2, 2017 $12,102.19 653939 971 BAKERSFIELD PLUMBING CO INC Feb 2, 2017 $223.75 653940 841 BAKERSFIELD RUBBER STAMP CO Feb 2, 2017 $109.40 653941 857 BAKERSFIELD S P C A Feb 2, 2017 $65,490.00 653942 875 BAKERSFIELD TRUCK CENTER Feb 2, 2017 $538.11 653943 26027 BANKS & CO CAR WASH SYSTEMS INC Feb 2, 2017 $1,797.12 653944 11248 BANKS PEST CONTROL Feb 2, 2017 $300.00 653945 557 BARC Feb 2, 2017 $131.25 653946 13424 BARNES WELDING SUPPLY Feb 2, 2017 $153.11 653947 945 BARNTT °S TOWING SERVICE INC Feb 2, 2017 $35.00 653948 24552 BIC, ROBIN Feb 2, 2017 $56.79 653949 28231 BIG BRAND TIRE CO Feb 2, 2017 $45.00 653950 22515 BMI MECHANICAL INC Feb 2, 2017 $4,550.00 653951 22817 BORN AGAIN BODYWORKS Feb 2, 2017 $16,531.15 653952 14989 BOXES BAGS & LABELS Feb 2, 2017 $2,805.75 653953 1249 BRANDCO Feb 2, 2017 $300.97 653954 18129 BROWN, JIM W Feb 2, 2017 $91.38 653955 613 BSK & ASSOCIATES Feb 2, 2017 $2,465.00 653956 10267 BUDGET BOLT INC Feb 2, 2017 $1,071.29 653957 23090 BURTONS FIRE INC Feb 2, 2017 $113.20 653958 12549 C C A S A Feb 2, 2017 $280.00 653959 28603 CALIFORNIA FUELS & LUBRICANTS Feb 2, 2017 $17,280.11 653960 27074 CN -CAL CONSTRUCTION INC Feb 2, 2017 $56,255.04 653961 1888 CHAMPION HARDWARE Feb 2, 2017 $365.27 653962 23786 CHART INDUSTRIES Feb 2, 2017 $12,978.47 653963 29182 CHEFS NOODLE BAR Feb 2, 2017 $1,420.00 653964 14931 CH EM PRO LABORATORY INC Feb 2, 2017 $600.00 653965 1924 CHESTER AVENUE BRAKE & SUPPLY Feb 2, 2017 $306.70 S: \Accounting \KAROL \Admin - Council \2017 \C0UNCIL- ADMIN\ 02115117 CC AGENDA PACKET PG 127 2/3/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 14 FROM 1/13/2017 TO 2/02/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 653966 15634 CITY OF BAKRSFILD Feb 2, 2017 $1,529.10 653967 2016 CLARK PEST CONTROL INC Feb 2, 2017 $48.00 653968 29017 CLEAN WRIGHT SERVICE Feb 2, 2017 $1,225.00 653969 2050 CLIFFORD & BROWN Feb 2, 2017 $37,037.00 653970 801 CLIFFORD & BROWN TRUST Feb 2, 2017 $7,149.09 653971 28762 COFFY MGT LLC Feb 2, 2017 $80.63 653972 27772 COLBRT, STANLEY Feb 2, 2017 $125.00 653973 25259 COMMERCIAL CLEANING SYSTEMS INC Feb 2, 2017 $8,190.00 653974 10285 CRIDR CONSTRUCTION INC Feb 2, 2017 $5,828.82 653975 27839 CRITTERS WITHOUT LITTERS Feb 2, 2017 $2,300.00 653976 2245 CROCKR JANITORIAL SUPPLY CO Feb 2, 2017 $3,403.72 653977 2253 CULLIGAN WATER CONDITIONING Feb 2, 2017 $50.00 653978 27218 CUMMINS PACIFIC LLC Feb 2, 2017 $98.52 653979 25337 DAVS FLEET MAINT & TOWING INC Feb 2, 2017 $210.00 653980 19613 DE SOTO SALES INC Feb 2, 2017 $191.73 653981 2442 DELANEY & AHLF DIESEL SERVICE INC Feb 2, 2017 $2,439.03 653982 25961 DELANEY MANUFACTURING INC Feb 2, 2017 $1,542.00 653983 2449 DEPARTMENT OF GENERAL SERVICES Feb 2, 2017 $4,385.00 653984 11271 DEPARTMENT OF TRANSPORTATION Feb 2, 2017 $486.33 653985 26913 DRO BIKE RACK CO Feb 2, 2017 $1,839.02 653986 24854 DWY PEST CONTROL INC Feb 2, 2017 $250.00 653987 2558 DISPENSING TECHNOLOGY CORP Feb 2, 2017 $3,699.80 653988 2577 DOKKN ENGINEERING Feb 2, 2017 $7,355.17 653989 2613 DOUGLASS TRUCK BODIES INC Feb 2, 2017 $83.76 653990 22659 DRV TECHNOLOGIES INC Feb 2, 2017 $529.75 653991 11104 DURAN, STH R Feb 2, 2017 $169.00 653992 29032 EDISON AGRICULTURE SERVICES INC Feb 2, 2017 $5,138.00 653993 26425 EICHNER, LAWRENCE Feb 2, 2017 $180.00 653994 27898 ELECTRICAL SYSTEMS & INST INC Feb 2, 2017 $2,209.60 653995 2811 ENTENMANN ROVIN CO Feb 2, 2017 $341.67 653996 2901 FDX Feb 2, 2017 $191.54 653997 19657 FIRST CHOICE SERVICES INC Feb 2, 2017 $127.34 653998 17280 FISHMAN, LYUDMILA Feb 2, 2017 $56.62 653999 25339 FLEET SERVICES TOWING INC Feb 2, 2017 $105.00 654000 3028 FLOYDS GENERAL STORE Feb 2, 2017 $398.57 654001 24559 FREEMAN, JOHN Feb 2, 2017 $125.00 654002 29018 FRUITVALE AUTOMOTIVE Feb 2, 2017 $590.26 654003 28623 GALCO INDUSTRIAL ELECTRONICS INC Feb 2, 2017 $62.66 654004 29166 GENERAL SCALES INC Feb 2, 2017 $5,116.33 654005 28064 GENERAL TREE SERVICE INC Feb 2, 2017 $16,446.00 654006 27868 G RRY, CHRISTOPHER Feb 2, 2017 $70.00 654007 3358 GILLIAM & SONS INC Feb 2, 2017 $44,805.70 654008 3403 GOLDEN STATE PTRBILT Feb 2, 2017 $2,579.69 654009 29136 GONZALS, ANDRAE Feb 2, 2017 $30.31 654010 3452 GRAYBAR ELECTRIC COMPANY Feb 2, 2017 $6,819.45 654011 24247 DREGS PETROLEUM SERVICES INC Feb 2, 2017 $7,164.40 654012 3569 H & S BODY WORKS & TOWING Feb 2, 2017 $75.00 654013 3571 H & S HOSE & SUPPLY INC Feb 2, 2017 $1,589.03 654014 162 HADDAD DODGE Feb 2, 2017 $313.78 654015 3593 FALL LETTER SHOP Feb 2, 2017 $166.63 654016 17670 HAMMONS, KENNETH Feb 2, 2017 $125.00 654017 19810 H RNAND Z, JOSUE A Feb 2, 2017 $125.00 S: \Accounting \KAROL \Admin - Council \2017 \C0UNCIL- ADMIN\ 02115117 CC AGENDA PACKET PG 128 2/3/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 15 FROM 1/13/2017 TO 2/02/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 654018 16798 HOUSING AUTHORITY OF THE Feb 2, 2017 $369,100.81 654019 25159 ID WHOLESALER Feb 2, 2017 $135.00 654020 19632 INSIGHT ENVIRONMENTAL CONSULTANTS Feb 2, 2017 $155.00 654021 28292 INSTRUMENT DEPOT INC Feb 2, 2017 $1,465.15 654022 20795 IPC USA INC Feb 2, 2017 $41,857.56 654023 28660 JACOBSEN, THOMAS Feb 2, 2017 $136.00 654024 25527 JTB SUPPLY CO INC Feb 2, 2017 $2,302.25 654025 28989 K & I SERVICES INC Feb 2, 2017 $2,030.00 654026 19554 K & R TOWING Feb 2, 2017 $70.00 654027 4288 KAMAN INDUSTRIAL TECHNOLOGIES INC Feb 2, 2017 $41.21 654028 28167 KARNS, KRISTOPHER Feb 2, 2017 $144.00 654029 22379 KEMIRA WATER SOLUTIONS INC Feb 2, 2017 $5,115.83 654030 4500 KERN COUNTY FIRE DEPARTMENT Feb 2, 2017 $34,559.48 654031 4528 KERN COUNTY PUBLIC HEALTH SERV Feb 2, 2017 $74.00 654032 4581 KERN ELECTRIC DISTRIBUTORS Feb 2, 2017 $38,080.82 654033 4680 KERN RIVER POWER EQUIPMENT INC Feb 2, 2017 $358.17 654034 4740 KERN TURF SUPPLY Feb 2, 2017 $1,325.16 654035 4861 KISCO SALES INC Feb 2, 2017 $48.46 654036 28128 KITCHEN, JACQUELYN Feb 2, 2017 $324.69 654037 29131 KLINGSPOR ABRASIVES INC Feb 2, 2017 $335.99 654038 4875 KNIGHTS PUMPING & PORTABLE SVC INC Feb 2, 2017 $270.00 654039 70078 KNIGHTS PUMPING & PORTABLE SVC INC Feb 2, 2017 $950.00 654040 10417 KOLA INSTITUTE Feb 2, 2017 $4,000.00 654041 18654 LANTZ, ERIC Feb 2, 2017 $68.44 654042 28956 LID MAINTENANCE & CONSTRUCTION Feb 2, 2017 $380.00 654043 5053 LEAGUE OF CALIFORNIA CITIES/SSJD Feb 2, 2017 $58,288.00 654044 27778 LEWIS BRISBOIS BISGAARD & SMITH LLP Feb 2, 2017 $720.00 654045 20967 LIVE OAK ASSOCIATES INC Feb 2, 2017 $3,428.00 654046 28912 LOCK-DOC SERVICE Feb 2, 2017 $250.00 654047 26247 LOPEZ, BERNARDO Feb 2, 2017 $125.00 654048 15150 LOPEZ,RAUL Feb 2, 2017 $125.00 654049 25782 LUDWICK, CHRIS Feb 2, 2017 $96.51 654050 22263 M-B COMPANIES INC Feb 2, 2017 $5,033.24 654051 27933 MALLORY SAFETY & SUPPLY LLC Feb 2, 2017 $743.85 654052 26124 MARANATHA GARDENING & LANDSCAPE INC Feb 2, 2017 $875.00 654053 16016 MCINTOSH & ASSOCIATES Feb 2, 2017 $3,805.50 654054 5369 MCMASTER CARR SUPPLY CO Feb 2, 2017 $356.51 654055 23771 MEDINA, ERNIE Feb 2, 2017 $169.00 654056 28760 MEDIWASTE DISPOSAL LLC Feb 2, 2017 $35.00 654057 7064 MERCHANTS PRINTING & ENVELOPE Feb 2, 2017 $346.42 654058 24077 MICHEL AUTO TECH Feb 2, 2017 $1,237.72 654059 1316 MICHELIN NORTH AMERICA INC Feb 2, 2017 $15,520.77 654060 5547 MINUTEMAN PRESS Feb 2, 2017 $531.16 654061 5634 MONROE SYSTEMS FOR BUSINESS Feb 2, 2017 $281.72 654062 28984 MORALES & MORALES GARDENING Feb 2, 2017 $2,700.00 654063 5681 MOSS, ROBERT B JR Feb 2, 2017 $160.00 654064 5688 MOTION INDUSTRIES INC Feb 2, 2017 $1,081.36 654065 5687 MOTOR CITY SALES & SERVICE Feb 2, 2017 $107.52 654066 885 MSC INDUSTRIAL SUPPLY CO INC Feb 2, 2017 $86.72 654067 24896 MUDRYK, CHRIS Feb 2, 2017 $125.00 654068 19702 MULLENS, JIMMY Feb 2, 2017 $117.96 654069 5790 MUXLOW CONSTRUCTION Feb 2, 2017 $2,610.00 S:\Accounting\KAR0L\Adrnin - CounciI\2017\C0lJNCIL-ADMIN\ 02115117 CC AGENDA PACKET PG 129 2/3/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 16 FROM 1/13/2017 TO 2/02/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 654070 23346 NATIONAL ASSOC OF SPORTS COMMISSION Feb 2, 2017 $1,795.00 654071 12825 NBS GOVERNMENT FINANCE GROUP Feb 2, 2017 $10,162.09 654072 22058 NET TRANSCRIPTS, INC. Feb 2, 2017 $134.13 654073 18506 NICHOLAS CONSTRUCTION INC Feb 2, 2017 $125,162.50 654074 18888 NIEMEYER & ASSOCIATES INC Feb 2, 2017 $7,850.23 654075 24167 NOLTE ASSOCIATES INC Feb 2, 2017 $335,100.61 654076 20584 NORTHWEST METROLOGY Feb 2, 2017 $668.55 654077 3910 O'CONNOR PEST CONTROL Feb 2, 2017 $295.00 654078 23333 O'GRADY, JOE Feb 2, 2017 $760.00 654079 24279 O'REILLY AUTO PARTS Feb 2, 2017 $345.77 654080 6448 P T 0 SALES CORP / TRUCKPRO LLC Feb 2, 2017 $2,146.08 654081 14088 PACIFIC GAS & ELECTRIC Feb 2, 2017 $2,500.00 654082 13209 PARKHOUSE TIRE INC Feb 2, 2017 $1,767.33 654083 20828 PARSONS TRANSPORTATION GROUP INC Feb 2, 2017 $647,075.31 654084 27386 PATRIOT ENVIRONMENTAL SERVICES Feb 2, 2017 $2,630.25 654085 6076 PB LOADER MANUFACTURING CO Feb 2, 2017 $4,426.90 654086 6263 PENSINGER TRAILER RENTALS Feb 2, 2017 $4,623.35 654087 21101 PERKINS, CRAIG Feb 2, 2017 $157.00 654088 6329 PHILLIPS, LISA Feb 2, 2017 $192.00 654089 28703 PORWOLL, AMY Feb 2, 2017 $1,550.05 654090 27925 POWER DISTRIBUTION AND CONTROL Feb 2, 2017 $190.72 654091 178 PRAXAIR DISTRIBUTION INC Feb 2, 2017 $1,055.53 654092 28567 PRESORT CENTER OF FRESNO LLC Feb 2, 2017 $709.47 654093 20415 PROFORCE LAW ENFORCEMENT INC Feb 2, 2017 $125.84 654094 27625 PROTECTION FORCE PRIVATE SECURITY I Feb 2, 2017 $937.50 654095 26997 PROVOST & PRITCHARD CONSULTING INC Feb 2, 2017 $47,789.18 654096 26845 QUATRED LLC Feb 2, 2017 $2,098.04 654097 25313 R & A UPHOLSTERY Feb 2, 2017 $120.00 654098 28293 RAMIREZ, AARON E. Feb 2, 2017 $150.00 654099 26961 RANCHERIA LAND & LIVESTOCK LLC Feb 2, 2017 $12,000.00 654100 20713 RANDY'S TOWING Feb 2, 2017 $105.00 654101 3249 RAY GASKIN SERVICE INC Feb 2, 2017 $42.90 654102 6682 RAYMONDS TROPHY AND AWARDS Feb 2, 2017 $239.90 654103 22196 RESOURCE MACHINERY & ENGINEERING Feb 2, 2017 $352.60 654104 23448 RIOS, PHILLIP Feb 2, 2017 $125.00 654105 18891 ROARK, MELISSA Feb 2, 2017 $220.00 654106 17147 ROMERO, ARMANDO Feb 2, 2017 $125.00 654107 29099 ROTATIONAL MOLDING INC Feb 2, 2017 $69,853.84 654108 6915 ROUND-UP FEED AND PET SUPPLY Feb 2, 2017 $265.94 654109 28665 ROUTE READY PARTS Feb 2, 2017 $3,345.90 654110 23176 RR DONNELLEY CO INC Feb 2, 2017 $449.75 654111 17449 RRM DESIGN GROUP INC Feb 2, 2017 $1,897.50 654112 24306 SAFARILAND Feb 2, 2017 $276.71 654113 18072 SAFETY TEK INDUSTRIES INC Feb 2, 2017 $625.00 654114 27361 SC FUELS Feb 2, 2017 $11,800.76 654115 22839 SECURITY PAVING CO, INC Feb 2, 2017 $567,414.84 654116 28226 SENTRY CONTROL SYSTEMS Feb 2, 2017 $2,335.00 654117 10144 SERVICEMASTER OF BAKERSFIELD Feb 2, 2017 $1,415.00 654118 26203 SIERRA CONST & EXCAVATION INC Feb 2, 2017 $40,916.53 654119 19121 SIMPLEXGRINNELL Feb 2, 2017 $551.55 654120 7434 SMART & FINAL IRIS COMPANY Feb 2, 2017 $353.26 654121 70018 SOILS ENGINEERING Feb 2, 2017 $5,940.00 S:\Accounting\KAR0L\Adrnin - CounciI\2017\C0lJNCIL-ADMIN\ 02115117 CC AGENDA PACKET PG 130 2/3/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 17 FROM 1/13/2017 TO 2/02/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 654122 23456 SORNSON,VRNON MD INC Feb 2, 2017 $231.74 654123 11907 SPARKLTTS /SIERRA SPRINGS Feb 2, 2017 $96.53 654124 26607 SPARKLING IMAGE CAR WASH Feb 2, 2017 $52.49 654125 7609 SPRINT Feb 2, 2017 $300.00 654126 28923 STARS AND STRIPS TREE CARE Feb 2, 2017 $1,200.00 654127 16685 STI RN VETERINARY HOSPITAL Feb 2, 2017 $265.03 654128 20245 STRATTON, BRNT Feb 2, 2017 $91.26 654129 28832 T- MOBILE USA Feb 2, 2017 $102.00 654130 276 TAYLOR EQUIPMENT & REPAIR, INC Feb 2, 2017 $4,762.82 654131 25338 TEN EIGHT TOW INC Feb 2, 2017 $35.00 654132 19961 THE HON COMPANY -C /O STINSONS Feb 2, 2017 $281.98 654133 7999 THREE-WAY CHEVROLET Feb 2, 2017 $688.23 654134 26637 TOLIVR, TYREE Feb 2, 2017 $125.00 654135 245 TURK'S KERN COPY INC Feb 2, 2017 $44.40 654136 96 TYACK TIRES INC Feb 2, 2017 $3,827.08 654137 27786 UNION BANK TRUST DEPT -FEES Feb 2, 2017 $875.00 654138 8319 UNITED PARCEL SERVICE Feb 2, 2017 $99.85 654139 8391 URNRS APPLIANCE CENTER Feb 2, 2017 $912.68 654140 8478 VALLEY DECAL INC Feb 2, 2017 $919.93 654141 8520 VALLEY POWER SYSTEMS, INC Feb 2, 2017 $12,414.49 654142 16625 VICTORY CIRCLE INC Feb 2, 2017 $2,082.49 654143 25411 VILLGAS, JORGE Feb 2, 2017 $125.00 654144 14647 WAXIE SANITARY SUPPLY INC Feb 2, 2017 $3,564.62 654145 27854 WBB, ALISON Feb 2, 2017 $2,647.25 654146 28739 WSTAIR GASES & EQUIPMENT INC Feb 2, 2017 $100.89 654147 26447 W STCOAST HYDRAULICS Feb 2, 2017 $1,071.71 654148 8926 WESTERN AUTO & TRUCK APPRAISERS Feb 2, 2017 $200.00 654149 16992 WILLIAMS, DUANE Feb 2, 2017 $125.00 654150 28182 WIN -911 SOFTWARE Feb 2, 2017 $495.00 654151 19876 WINTH R, EMILY Feb 2, 2017 $380.00 654152 22874 ZOLL DATA SYSTEMS INC Feb 2, 2017 $10,485.00 654153 17690 ZONES Feb 2, 2017 $1,530.24 654154 25879 ZOOM IMAGING SOLUTIONS, INC. Feb 2, 2017 $880.54 654155 28860 AT&T Feb 2, 2017 $2,327.24 654156 28860 AT&T Feb 2, 2017 $1,046.50 654161 78 ADVANCED DISTRIBUTION CO Feb 2, 2017 $14,219.61 654162 12516 AIMS Feb 2, 2017 $2,079.00 654170 21172 BLACKHOLE TECHNOLOGIES INC Feb 2, 2017 $24,385.68 654174 1696 CALIFORNIA WATER SERVICE Feb 2, 2017 $21,746.39 654175 18775 CALPRS- REPLACEMENT BENEFIT FUND Feb 2, 2017 $76,471.20 654176 11937 CITY OF BAKRSFILD Feb 2, 2017 $84,311.10 654178 2050 CLIFFORD & BROWN Feb 2, 2017 $5,318.17 654180 2253 CULLIGAN WATER CONDITIONING Feb 2, 2017 $761.80 654181 11954 DEPARTMENT OF INDUSTRIAL RELATIONS Feb 2, 2017 $1,510.00 654182 7509 GAS COMPANY Feb 2, 2017 $463.64 654185 3427 GRAINGR INC, W W Feb 2, 2017 $5,766.77 654187 7933 HOME DEPOT Feb 2, 2017 $1,533.00 654188 14857 I M S A Feb 2, 2017 $375.00 654189 14857 I M S A Feb 2, 2017 $569.85 654190 17402 I M S A CERTIFICATION Feb 2, 2017 $2,120.00 654191 28914 IAPMO Feb 2, 2017 $75.00 654193 15624 LOW 'S HOME IMPROVEMENT Feb 2, 2017 $2,642.78 S: \Accounting \KAROL \Admin - Council \2017 \C0UNCIL- ADMIN\ 02115117 CC AGENDA PACKET PG 131 2/3/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 18 FROM 1/13/2017 TO 2/02/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 654194 27390 MAYBERRY, HEATHER - PETTY CASH Feb 2, 2017 $291.88 654195 23681 MEJIA,JUAN D Feb 2, 2017 $125.00 654197 6114 PACIFIC GAS & ELECTRIC COMPANY Feb 2, 2017 $4,584.43 654201 27911 PORTERVILLE FORD Feb 2, 2017 $4,938.25 654202 26554 SCHNEIDER, LIGIA - PETTY CASH Feb 2, 2017 $208.36 654203 7103 SJVAPCD Feb 2, 2017 $72.00 654204 27400 WILMINGTON TRUST Feb 2, 2017 $2,500.00 654205 30002 MEDICAL EYE SERVICE COMPANY Feb 2, 2017 $5,126.51 654206 26810 RELIASTAR LIFE INSURANCE CO Feb 2, 2017 $3,612.98 654207 30027 U S BANK - PARS #6746022400 Feb 2, 2017 $1,817.36 654208 30020 UNUM Feb 2, 2017 $5,191.74 9993623 10199 BAKERSFIELD CITY EMPLOYEE Jan 13, 2017 $188,744.00 9993624 24821 DEPARTMENT OF THE TREASURY Jan 13, 2017 $13,145.25 9993625 30014 EMPLOYMENT DEVELOPMENT DEPT Jan 13, 2017 $201,309.05 9993626 10217 1 C M A RETIREMENT TRUST-303749 Jan 13, 2017 $171,788.96 9993627 30010 IRS Jan 13, 2017 $683,141.98 9993628 16863 NATIONWIDE RETIREMENT SOLUTIONS Jan 13, 2017 $300,494.80 9993629 20699 VANTAGEPOINT TRANSFER AGENTS C/O Jan 13, 2017 $29,006.25 9993630 27888 CALIFORNIA BANK & TRUST Jan 19, 2017 $40,832.73 9993631 10206 STATE OF CALIF - PIERS Jan 19, 2017 $1,564,605.60 9993632 11811 WELLS FARGO BANK Jan 19, 2017 $77,092.76 9993633 30028 BLUE SHIELD OF CALIFORNIA Jan 20, 2017 $524,266.95 9993634 24821 DEPARTMENT OF THE TREASURY Jan 20, 2017 $1,410.42 9993635 30021 KAISER PERMANENTE Jan 20, 2017 $196,294.93 9993636 22739 THE BANK OF NEW YORK Jan 20, 2017 $44,852.05 9993640 25603 BANK OF AMERICA Jan 26, 2017 $482,251.40 9993641 10814 INTERNAL REVENUE SERVICE CENTER Jan 26, 2017 $62,624.38 9993642 30025 STATE DISBURSEMENT UNIT Jan 26, 2017 $18,264.56 9993643 11811 WELLS FARGO BANK Jan 26, 2017 $92,051.35 9993644 10199 BAKERSFIELD CITY EMPLOYEE Jan 27, 2017 $183,407.00 9993645 30014 EMPLOYMENT DEVELOPMENT DEPT Jan 27, 2017 $174,170.09 9993646 10217 1 C M A RETIREMENT TRUST-303749 Jan 27, 2017 $53,749.68 9993647 30010 IRS Jan 27, 2017 $578,814.96 9993648 16863 NATIONWIDE RETIREMENT SOLUTIONS Jan 27, 2017 $98,036.94 9993649 20699 VANTAGEPOINT TRANSFER AGENTS C/O Jan 27, 2017 $28,914.11 9993650 30022 IRS / FDRF Jan 31, 2017 $191.00 9993652 25603 BANK OF AMERICA Feb 2, 2017 $119,636.14 9993653 10206 STATE OF CALIF - PIERS Feb 2, 2017 $1,561,031.57 9993654 11811 WELLS FARGO BANK Feb 2, 2017 $67,596.63 $23,752,213.70 S:\Accounting\KAROL\Admin - CounciI\2017\C0lJNCIL-ADMIN\ 02115117 CC AGENDA PACKET PG 132 2/]/70}7 CITY OF BAKERSFIELD - CHECK REGISTER PAGE} FROM }/}]/7U}7TO 2/02/7017 s'poyoble Vendor Number Number Vendor Name s'poyoble Date s'poyobleAmoo,t 12639 G3 ACE HYDRAULIC SALES &SERVICE Jan 1A.2O17 $314.93 12640 2481AAD WEAR & SPECIALTY [)FTX Jan 1A.2O17 $795.19 12641 853OAME0P0DEUNIFORM SERVICES Jan 1A.2O17 $1.303.29 12642 43GARG[) CHEMICAL INC Jan 1A.2O17 $2.450.61 12643 576 B&BSURPLUS Jan 19, 2017 $155.88 12644 611 BS&E COMPANY INC Jan 1A.2O17 $143.74 12645 1O37BERCHTDLD EQUIPMENT C[) Jan 1A.2O17 $156.62 12646 11G3 BLUEPRINT SERVICE C[) Jan 1A.2O17 $4.11531 12647 1558 CALIFORNIA INDUSTRIAL RUBBER Jan 1A.2O17 $5.661J2 12648 2O747 CENTRAL SANITARY SUPPLY INC Jan 1A.2O17 $74338 12649 2A CENTRAL VALLEY TRUCK CENTER Jan 1A.2O17 $4.741.68 12650 2162 CONSOLIDATED ELECTRICAL 0STINC Jan 19, 2017 $3.862.94 12651 13Al2 DIRECT SAFETY SOLUTIONS INC Jan 1A.2O17 $59135 12652 14055 FAST UNDERCAR LLC Jan 19, 2017 $2.066.85 12653 2874 FERGUSON ENTERPRISES INC Jan 1A.2O17 $1.903.21 12654 2173A GOLDEN EMPIRE TOWING INC Jan 1A.2O17 $1.270.00 12655 4171 JERRY &KBTHSINC Jan 1A.2O17 $138.06 12656 13AO JIM BURKEFORD Jan 1A.2O17 $248.26 12657 15GA4J|MS TOWING INC Jan 1A.2O17 $865.00 12658 453 MUNICIPAL MAINTENANCE EQUIP INC Jan 19, 2017 $3.19430 12659 21873 RM INDUSTRIES INC Jan 19, 2017 $2.637.53 12660 25G57 STEEL UNLIMITED INC Jan 1A.2O17 $1.717.62 12661 7670 STEVVART ELECTRIC SUPPLY Jan 19, 2017 $155.55 12662 7G85ST|NS[)NSTATIONERS Jan 1A.2O17 $3.46336 12663 158G8 TEL TEC SECURITY SYSTEM INC Jan 1A.2O17 $214.17 12664 AO1O WILLIAMS CLEANING SYSTEMS INC Jan 1A.2O17 $288.29 12665 G4ADAMS[)N POLICE SUPPLY Jan 2G.2O17 $808.67 12666 853OAME0P0DEUNIFORM SERVICES Jan 2G.2O17 $2.752.85 12667 575 BC LABORATORIES Jan 2G.2O17 $270.00 12668 611 BS&E COMPANY INC Jan 2G.2O17 $58645 12669 11G3 BLUEPRINT SERVICE C[) Jan 2G.2O17 $525.12 12670 2O747 CENTRAL SANITARY SUPPLY INC Jan 2G.2O17 $53.86 12671 1723A CENTRAL VALLEY OCCUPATIONAL INC Jan 2G.2O17 $1.790.00 12672 2A CENTRAL VALLEY TRUCK CENTER Jan 2G.2O17 $7.821.85 12673 21G2 CONSOLIDATED ELECTRICAL 0STINC Jan 2G.2O17 $3.893J8 12674 13Al2 DIRECT SAFETY SOLUTIONS INC Jan 2G.2O17 $152.93 12675 13O88EJ WARD INCORPORATED Jan 2G.2O17 $1.907.14 12676 2757 ELECTRIC MOTOR WORKS INC Jan 2G.2O17 $480.00 12677 14O55 FAST UNDERCARLLC Jan 2G.2O17 $3.318.29 12678 2874 FERGUSON ENTERPRISES INC Jan 2G.2O17 $2.391.18 12679 1G838G|BBS INTERNATIONAL TRUCK CTR.INC Jan 2G.2O17 $1.822.04 12680 2173A GOLDEN EMPIRE TOWING INC Jan 2G.2O17 $2.770.00 12681 357OHAAKER EQUIPMENT COMPANY Jan 2G.2O17 $167.19 12682 4171 JERRY &KBTHSINC Jan 2G.2O17 $3.25847 12683 13AO JIM BURKEFORD Jan 2G.2O17 $3.57433 12684 4178 JIM BURKE LINCOLN MERCURY Jan 2G.2O17 $798.65 12685 15GA4J|MS TOWING INC Jan 2G.2O17 $855.00 12686 22G7LNCURT|S&SONS Jan 2G.2O17 $677.25 12687 453 MUNICIPAL MAINTENANCE EQUIP INC Jan 2G.2O17 $5.909.19 12688 6205 PAVEMENT RECYCLING SYSTEMS INC Jan 2G.2O17 $32.590.68 12689 6550 C>UADKN[)PF INC Jan 2G.2O17 $10.973J0 12690 127A QUALITY HEAVY DUTY DIESEL ELEC Jan 2G.2O17 $144J9 S:\Accounting\KAROL\Admin CoundK2017\COUNC|L-ADK8|N\ 02115117 CC AGENDA PACKET PG 133 2/]/70}7 CITY OF BAKERSFIELD -[HE[K REGISTER PAGE 2 FROM }/}]/7U}7TO 2/02/7017 s'poyoble Vendor Number Number Vendor Name s'poyoble Date s'poyobleAmoo,t 12691 G555 QUINN COMPANY INC Jan 2G.2O17 $8.763.97 12692 12GG5 SAN JOAQNN FENCE &SUPPLY Jan 2G.2O17 $499.00 12693 28GG1SERVEXO PROTECTIVE SERVICES Jan 2G.2O17 $10.54232 12694 1A584 SMITH & SON TIRE INC Jan 2G.2O17 $1.19447 12695 147OO SOUTH COAST EMERGENCY VEHICLE SERV. Jan 2G.2O17 $135.00 12696 7G7OSTEVVART ELECTRIC SUPPLY Jan 2G.2O17 $65J8 12697 7G85ST|NS[)NSTATIONERS Jan 2G.2O17 $6.260.57 12698 7728 SULLY & SON HYDRAULICS INC Jan 2G.2O17 $1.295.93 12699 158G8 TEL TEC SECURITY SYSTEM INC Jan 2G.2O17 $31.00 12700 13G4G UNITED ROTARY BRUSH CORP Jan 2G.2O17 $5.261.89 12701 AO1O WILLIAMS CLEANING SYSTEMS INC Jan 2G.2O17 $200.58 12702 57 ABATE AWEED Feb 2.2O17 $1.60132 12703 G3 ACE HYDRAULIC SALES &SERVICE Feb 2.2O17 $1.70141 12704 2481AAD WEAR & SPECIALTY [)FTX Feb 2.2O17 $1.257.02 12705 152 ALL AUTOMATIC TRANSMISSION SER Feb 2.2O17 $4.323.96 12706 853OAME0P0DEUNIFORM SERVICES Feb 2.2O17 $3.050.65 12707 57GB&BSURPLUS Feb 2.2O17 $647J7 12708 575BCLABORATORIES Feb 2.2O17 $516.00 12709 611 BS&E COMPANY INC Feb 2.2O17 $39240 12710 1O37BERCHTDLD EQUIPMENT C[) Feb 2.2O17 $3.824.88 12711 11G3 BLUEPRINT SERVICE C[) Feb 2.2O17 $164.09 12712 2O747 CENTRAL SANITARY SUPPLY INC Feb 2.2O17 $1.614.16 12713 2A CENTRAL VALLEY TRUCK CENTER Feb 2.2O17 $3.673.12 12714 5147 COASTLINE EQUIPMENT Feb 2.2O17 $3.510J2 12715 21G2 CONSOLIDATED ELECTRICAL 0STINC Feb 2.2O17 $382.84 12716 14582 DAVE BANG ASSOCIATES INC Feb 2.2O17 $1.893.26 12717 13Al2 DIRECT SAFETY SOLUTIONS INC Feb 2.2O17 $862.98 12718 2581 D[)[)LEY ENTERPRISES INC Feb 2.2O17 $4.703.13 12719 13088 EJ WARD INCORPORATED Feb 2.2O17 $37741 12720 14O55 FAST UNDERCARLLC Feb 2.2O17 $3.788.18 12721 2874 FERGUSON ENTERPRISES INC Feb 2.2O17 $583.89 12722 1G838G|BBS INTERNATIONAL TRUCK CTR.INC Feb 2.2O17 $361J2 12723 2173A GOLDEN EMPIRE TOWING INC Feb 2.2O17 $1.489.00 12724 4171 JERRY &KBTHSINC Feb 2.2O17 $1.782.56 12725 13AO JIM BURKEFORD Feb 2.2O17 $1.63447 12726 4178 JIM BURKE LINCOLN MERCURY Feb 2.2O17 $3.18146 12727 15GA4J|MS TOWING INC Feb 2.2O17 $1.170.00 12729 453 MUNICIPAL MAINTENANCE EQUIP INC Feb 2.2O17 $1.605.13 12730 G55O QUAD KN[)PFINC Feb 2.2O17 $7.081.20 12731 127A QUALITY HEAVY DUTY DIESEL ELEC Feb 2.2O17 $77342 12732 G555 QUINN COMPANY INC Feb 2.2O17 $5.233.19 12733 12GG5 SAN JOAQU|N FENCE &SUPPLY Feb 2.2O17 $6.828.95 12734 GA8 SAN JOAQU|NINTERIORS Feb 2.2O17 $6.773.00 12735 7231 SEAL & PACKING SUPPLY C[) Feb 2.2O17 $1.416.69 12736 28GG1SERVEXO PROTECTIVE SERVICES Feb 2.2O17 $5.003.04 12737 1A584 SMITH & SON TIRE INC Feb 2.2O17 $5.902.17 12738 147OO SOUTH COAST EMERGENCY VEHICLE SERV. Feb 2.2O17 $3.09839 12739 7G7OSTEVVART ELECTRIC SUPPLY Feb 2.2O17 $17838 12740 7G85ST|NS[)NSTATIONERS Feb 2.2O17 $7.776.22 12741 7728 SULLY & SON HYDRAULICS INC Feb 2.2O17 $820.23 12742 158G8 TEL TEC SECURITY SYSTEM INC Feb 2.2O17 $146.00 12743 18288VSSEMULTECHINC Feb 2.2O17 $13.008.80 S:\Accounting\KAROL\Admin CoundK2017\COUNC|L-ADK8|N\ 02115117 CC AGENDA PACKET PG 134 2/3/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 3 FROM 1/13/2017 TO 2/02/2017 E- Payable Number Vendor Number Vendor Name E- Payable Date E- Payable Amount $281,875.97 $24,034,089.67 S:\ Accounting \KAROL\ Admin - Council \2017 \C0UNCIL- ADMIN\ 02115117 CC AGENDA PACKET FAG 135 ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Consent - Ordinances c. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 2/8/2017 111-11 N 03 SUBJECT: First reading of Ordinance amending Chapter 8.16 of the Bakersfield Municipal Code relating to Ice Cream Vendors. STAFF RECOMMENDATION: Staff recommends first reading of the ordinance. BACKGROUND: On September 28, 2016, Council referred the Ice Cream Vendor Ordinance to the Legislative and Litigation Committee to review for consistency in light of the Food Vending Vehicle Ordinance being adopted. On January 23, 2017, the City Attorney presented a PowerPoint to the Legislation and Litigation Committee regarding the suggested changes. The Committee asked that the ordinance be sent to Council for first reading. BMC Chapter 8.16 provides the current regulations on ice cream vendors. This amendment provides clarity as to the definition of an ice cream truck, provides consistency with other chapters in the Code and uses language that is easy to understand. The attached proposed ordinance is responsive to Council's direction. ATTACHMENTS: Description D c irearn Vendor Ordinance Type Ordinance 02115117 CC AGENDA PACKET PG 136 ORDINANCE NO. ORDINANCE AMENDING CHAPTER 8.16 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ICE CREAM TRUCKS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Chapter 8.16 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 8.16 ICE CREAM VENDORS !RUCKS 8.16. 010 IIc ire tr� defined. -- -- - - - -- - -- - - - -- -- - - --- - -- -- - -- -- - - -- - - - -- - - -- - P- 02 - - -- - -- - - - - -- - - -- -- - -- - - - 1- - MINMA �Alll M, 911 8.16.020 Par.mat— Required. Gelneral Rea�ireirnents. germ i eratina an ire &reai truck must: radius of the ice cream tru&k. C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \E919DE4C- 8D47- 438C -BC42- C5651 FB3BC32 \PDFConvert. 7640. 1.8.161ceCreamVendors.Rdln.docx -- Page 1 of 4 Pages -- 02115117 CC AGENDA PACKET FCC 137 8.16.030 Permit—Application—Vehicle condition and maintenance. All GGReS G.d SG frozen treats shall • • 8.16.0"M Selling— Distance from public buildings, parks and playgrounds. C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \E919DE4C- 8D47- 438C -BC42- 05651 FB3BC32 \PDFConvert. 7640. 1.8.161ceCreamVendors.Rdln.docx -- Page 2 of 4 Pages -- 02115117 CC A EN A PACKET FAG 138 ullio olovroun or orlk �aint�aine pan ooer�ate Iv tle oity, or other oullio o�rotion. 8.16.0"M Selling — Amplified sound requirements. truck ma on use amplified music or speech emitted via sound equipment from any A,ago,n, - - - - -- SA-ft dFiRk, - GFeGFR, iGes - - -- - -- dA-inties -i hours the foqU1I2o&'M - Nine a.m. to five p.m. on Sundays; and 2. Eight a.m. to eight- thirty p.m. from May 1st through September, Monday through Saturday; and 3. Nine a.m. to five p.m. from October 1st through April on Mondays through Saturdays. B. The volume of sound from any vehicle referenced in subsection A of this section shall be controlled so that it will not be audible for a distance in excess of one hundred fifty feet from the vehicle upon which such sound equipment is located, and so that such volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance. �ir_z.�s� _ r= rr_ �rr_�■��ts r =r:►:r -ten � � � c �r:r_r�� •r.�r:r_ SECTION 2. This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. --000---- - - - - -- C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \E919DE4C- 8D47- 438C -BC42- 05651 FB3BC32 \PDFConvert. 7640. 1.8.161ceCreamVendors.Rdln.docx -- Page 3 of 4 Pages -- 02115117 CC AGENDA PACKET FCC 139 HEREBY CERTIFY that the foregoing Ordinance 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, GONZALES, WEIR, SMITH, TKAE, SULLIVAN, PARLIER PAMELA A. McCARTHY, MMC INTERIM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney VIRIDIANA GALLARDO -KING Associate City Attorney VGK:vlg /Isc C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \E919DE4C- 8D47- 438C -BC42- 05651 FB3BC32 \PDFConvert. 7640. 1.8.161ceCreamVendors.Rdln.docx -- Page 4 of 4 Pages -- 02115117 CC AGENDA PACKET FCC 1 ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Consent - Ordinances d. TO: Honorable Mayor and City Council FROM: Jaquelyn R. Kitchen, Community Development Director DATE: 1/20/2017 iTiff-11 1.1 SUBJECT: First reading of an ordinance amending Bakersfield Municipal Code Section 1.12.070 by adding Annexation No. 661 consisting of 1.81 acres located along the north side of Ming Avenue, east and west of Baldwin Road and Annexation No. 665 consisting of 22.06 acres located along the south side of Taft Highway, generally east of Compagnoni Street to Ward 7. Staff recommends first reading of ordinance. BACKGROUND: This project is an Ordinance to amend the boundaries of Ward 7 to include the property included in Annexation Nos. 661 and No. 665; which were approved by LAFCo on December 7, 2016. Annexation No. 661 (Ming No. 10) consists of four developed properties on 1.81 acres located along the north side of Ming Avenue, east and west of Baldwin Road. The annexation was originally initiated by one property owner, Maurice Etchechury, to receive City services and the remaining three property owners, Felix Banuelos, Gerardo Fuentes and Saba Revocable Living Trust, chose to join the annexation to facilitate road improvements along the north side of Ming Avenue. The properties within the annexation are zoned R-1 (One Family Dwelling) and C-2 (Regional Commercial) which is consistent with the existing LR (Low Density Residential) & GC (General Commercial) land use designation and surrounding area. This area will be included into Ward 7. Annexation No. 665 (Compagnoni No. 3) consists of undeveloped land on 22.06 acres located along the south side of Taft Highway generally east of Compagnoni Street. The property owners, Kydavan Pasco, Edward Eyraud, Joseph Eyraud, Edith Pasco and Emily Blue, requested to annex this property for future development purposes and to receive City services. The project site is zoned M-1 (Light Manufacturing) and the existing land use designation is Sl (Service Industrial). This area will be added into Ward 7. 02115117 CC AGENDA PACKET PG 1 41 ATTACHMENTS: Description Type Oir6naince to /kirneind ftird liaOauinda ides Moir /kininexabons 661 Ordnance & 665 Wth EkNNts 02115117 CC AGENDA PACKET PG 1 42 ORDINANCE NO. AN ORDINANCE AMENDING BAKERSFIELD MUNICIPAL CODE SECTION 1.12.070 BY ADDING ANNEXATION NO. 661 AND ANNEXATION NO. 665 TO WARD 7. WHEREAS, the Local Agency Formation Commission (LAFCo) adopted a resolution for Annexation Nos. 661 and 665 recently ordering the territory annexed to the City of Bakersfield; and WHEREAS, the territory ordered to be annexed to the City of Bakersfield is required to be within a City Council Ward Boundary; and WHEREAS, the LAFCo recently completed the annexation for the territory to the City of Bakersfield, the exterior boundaries of Annexation Nos. 661 and 665 which are described in the attached Exhibit "A" and shown on the maps in Exhibit "B ", attached hereto and incorporated as though fully set forth herein. as follows: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield Section 1. All of the foregoing recitals are hereby found to be true and correct. Section 2. Annexation No. 661 shall be included in Ward 7. Section 3. Annexation No. 665 shall be included in Ward 7. Section 4. Section 1. 12.070 of the Bakersfield Municipal Code is hereby amended by adding thereto the legal descriptions set forth in Exhibit "A ". Section 5. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective upon the annexation of the above - described territory to the City of Bakersfield, but not less than thirty (30) days from and after the date of its passage. --- - - - - -- 000-- - - - - -- 02115117 CC AGENDA PACKET FCC 143 by the HEREBY CERTIFY that the foregoing Ordinance was passed and adopted, 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, GONZALES, WEIR, SMITH, , SULLIVAN, PARLIER PAMELA McCARTHY, MMC Interim City Clerk APPROVED KAREN GOH Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney Attachments: EXHIBIT "A" - Legal Description. EXHIBIT "B" - Map. 2 02115117 CC A EN A PACKET FAG 1 CHECKED by -BERN SURVeyo A$ OF tCE EXffiBIT "A" CITY OF BAKERSFIELD ANNEXATION NO. 661 APPMv d �` MING NO. 10 RES. 1.81 ACRES DETACHMENT CSA 43 REORGANIZATION BEING A PORTION OF LOT 45 IN SECTION 1, TOWNSHIP 30 SOUTH, RANGE 27 EAST, MOUNT DIABLO BASE AND MERIDIAN, AS SHOWN ON THE KERN COUNTY SALES MAP NO. 1 OF LANDS OF J.B. HAGGIN, FILED MAY 3, 1889, IN THE OFFICE OF THE KERN COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 1, ALSO BEING THE CENTER LINE INTERSECTION OF MING AVENUE (CO. RD. NO. 208) AND HUGHES LANE; THENCE SOUTH 89 °58'24" EAST, ALONG THE SOUTH LINE OF SAID SECTION AND CENTERLINE OF SAID MUG AVENUE, 191.22 FEET; THENCE DEPARTING SAID CENTERLINE NORTH 00 001'36" EAST 55.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY OF SAID MING AVENUE, SAID POINT ALSO BEING ON THE EXISTING CORPORATE BOUNDARY LINE OF THE CITY OF BAKERSFIELD AND THE TRUE POINT OF BEGINNING; THENCE (1) NORTH 00 °08'36" EAST, ALONG SAID CORPORATE BOUNDARY, 190.17 FEET; THENCE (2) DEPARTING SAID CORPORATE BOUNDARY, SOUTH 89 054'08 "EAST, 170.00 FEET TO A POINT ON THE EAST RIGHT OF WAY OF BALDWIN ROAD (CO. RD. NO. 1168), THENCE (3) SOUTH 00 °08'36" WEST, ALONG SAID RIGHT OF WAY, 61.00 FEET; THENCE (4) DEPARTING SAID RIGHT OF WAY SOUTH 89 056'01" EAST, 301.00 FEET TO A POINT ON THE WEST RIGHT OF WAY OF THE 20 FOOT WIDE ALLEY ON THE WEST BOUNDARY OF TRACT NO. 1635 PER MAP FILED IN BOOK 8, PAGE 14 OF MAPS. IN THE OFFICE OF THE KERN COUNTY RECORDER, SAID POINT ALSO BEING ON SAID CORPORATE BOUNDARY; THENCE (5) SOUTH 00 °07'52" WEST, ALONG SAID RIGHT OF WAY AND CORPORATE BOUNDARY, 154.16 FEET TO AN ANGLE POINT ON SAID BOUNDARY, ALSO BEING A POINT ON THE NORTH RIGHT OF WAY OF SAID MING AVENUE, THENCE (6) NORTH 89 °54'08" WEST, ALONG SAID RIGHT OF WAY AND CORPORATE BOUNDARY, 301.03 FEET; I ENCE (7) NORTH 00 008'36" EAST, ALONG THE EAST RIGHT OF WAY OF SAID BALDWIN ROAD AND CORPORATE BOUNDARY, 25.04 FEET, THENCE (8) NORTH 89 058'24" WEST, ALONG SAID NORTH RIGHT OF WAY OF MING AVENUE AND CORPORATE BOUNDARY, 170.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1.81 ACRES (MORE OR LESS) ,�,OPESS /p COL if 10 1 TIMOTHY McCOLGAN ASHLOCK R.C.E.3277$ DATE w No. c 32778, m * EXP. 6-30 -2016 a y CIVIL � P OF CALXF 02115117 CC A EN A PACKET FAG 145 7 SITE VICINITY MAP N.T.B. EXHIBIT "B" CITY OF BAKERSFIELD ANNEXATION NO. 661 MING NO. 10 RE$- 1.81-ACRES DETACHMENT CSA 43 REORGANIZATION II r777'Tl I I 148-092N4 I Q I 149 a92,2o 1 JUNE AVE _ 3, � CQ RQ NQ D -550 149-092,15 PARCEL NO. 0908 BOOK47, PAGE 107, 0 I I �'� " (2) sawon 17 w 1 148. 090.17 PARCEL 1 PARCEL 2 fee 1111.114611111 ..... 148-090.18 T48 090H8 I ` Q (4) '8 X01.00' I 1 I 148.110 -0T 148-09221 f48-0B242? z `� i ANNE7fAT1QN NQ429 9 !48 090-!9 14809012 1490W f `MING ma go RE NR 02-40 P.O.B. m 1 g o =WW o M N0 U"n I 8) NB998'24'IM 1 �� SE030'2A'E 19121 mom 60.00' (!) N898408'N J0101 8114 COR - s� 1 30121 +� MING AVENUE Il 0.� CQ Ra Na 208 I ANNWIM Na 71 I 'BENMN PARK Na r ORDINANCE Na 1107 MS RECa M 11 -19-58 any ItBRN CO[INiY BUR11E1p CR F0E 3 g LEGEND r777777-, EXISTING CORPORATE BOUNDARY PROPOSED ANNEXATION BOUNDARY AppmM tif 14FXOf,?Of ASSESSOR'S PARCEL NUMBER- O.R. OFFICIAL RECORDS �A. N.T.S. ' NOTTO SCALE P.O.C. POINT OF COMMENCMENT P.O.& POINT OF BEGINNING 4 71 0 = OC TE REGISTRAITONNa RQE 32778 W 0B/9 N) NORTH SCALE: in ■ w 0 40 80 180 SKEET 1 OF 1 02115117 CC A EN A PACKET FAG 146 EXHIBIT "A" ANNEXATION No. 665 COMPAGNONI NO. 3 TO THE CITY OF BAKERSFIELD Those portions of land located in the Northeast quarter of Section 1, Township 31 South, Range, 27 East, Mount Diablo Base and Meridian in the County of Kern, State of California, more particularly described as follows: Commencing at the Southeast corner of said Northeast quarter of Section 1; thence North 88020'49 " West along the South.. line of said Northeast quarter also being the centerline of Curnow Road. (County Road No. 374 a; distance of 1321.55 feet to the intersection of the centerline of Compagnoni Street (County Road No. 2357); thence North 0,0147'1,3" East along the centerline of sold Compagnoni Street a distance of 41.02 feet to a point on a line. from the- intersection of the Eas,t fight of way line of said CQmpagn6hi Street and the North right of way line of said Curnow Road to the Intersection of the West right of way line of said Compagnoni Street and the said North right of way line of Curnow Road right of way, intersection shown on California State Highway Map for State Route Vl- Ker-99 Bakersfield Bypass dated January 1963, poop 17 of 19 pages and the TRUE POINT OF BEGINNING; Thence (1) North 87027'47" West along said: North right of way of Curnow Road a distance of 63.36 feet to said West right of way of Compagnoni Street; Thence along the West right of way of Compagnoni Street the following three. courses. Thence (2) North 45 °55'41" East a distance of 47,02 feet; Thence (3) North 00 °47' 13" East a distance of 958.38 feet to the beginning of a tangent curve concave to the East having a radius of 1530 feet Thence (4) Northerly along said curve thru a central angle of 11 °00'00" an arc. d ' istqnce of 293.74 feet to the existing City of Bakersfield corporate boundary also being the Southeast corner of Parcel 9 of Parcel Map 10717 Phase 2 recorded December 27, 2007 filed in Book 56 of Parcel Maps at page 69 in the office of the Kern County Recorder; .. 02115117 CC AGENDA PACKET PG 1 47 Thence along the existing City of Bakersfield's corporate boundary the following four courses, Thence (5) South 88 °20'11" East a distance of 60.99 to the East right of way of said Compagnoni Sfreet also being the Southwest corner of Parcel 4 of said Parcel Map 10717; Thence (6) continuing South 88 °20'11" East along the South line of said Parcel 4 a distance of 601.71 feet to the Southeast corner of said Parcel 4; Thence (7) continuing South 88020'11 " East a distance of 343.67 feet to the West right of way of said State Route- VI-Ker-99; Thence (8) South 14 °12' 11 " East along said West right of way a distance of 115.42 feet; Thence (9) continuing South 14012'l 1 " East along said West right of way a distance of 337.84 feet to an angle point in said West right of way; Thence (10) South 11'31'00" East along said West right of way a distance of 573.64 feet to a point on the North line of property described in Grunt Deed recorded July 7, 1999 as Document No. 0199095029 filed in the office of the Kern County Recorder, Thence (11) Departing said West right of way North 88020'40" West along said North line a distance of 583.20 feet to the Northwest corner of said parcel also being on the East line of parcel described in Interspousal Transfer Deed recorded August 23, 2006 as Document No. 0206208683 filed in the office of the Kern County Recorder; Thence (12) North 00*47'18" East along said East line a distance of 331.51 feet to the Northeast corner of said parcel of Interspousal Transfer Deed; Thence (13) North 88020'30" West along the North line of said parcel of Intertpousal Transfer Deed and the North line of parcel described in Grant Deed recorded September 16, 2009 as Document No.. 0209136156 filed in the office of the Kern County Recorder also being the South line of Quitclaim Deed recorded September 15, 2010 as Document No. 021027588 filed in the office of the Kern County Recorder a distance of 9,.� 02115117 CC AGENDA PACKET PG 148 330,47 feet to the Northwest corner, of said parcel of Grant Deed recorded September 16, 2009; Thence (14) Departing said, parcel of Grant Deed recorded September 16, 2009 and continuing along said South line; of Quitcliam Deed North 68020'$0" West a distance of 300.31 feet to South,west corner of said Quitclaim Deed also being the Fast right of Way of said Compagnoni Street; Thence (15) Departing said South line South 00;147'13" West along the East right of way line of said .Compagnoni Street a distance of 406.94 to the Northwest corner of said parcel described in Affidavit-Death of Joint Tenant also being on the East right of I way I ine of `said Compagnoni Street; Thence (16) Continuing. South 00147'13" West along the West line of said parcel described, in Affidavit-Death of Joint Tenant and said East right of way line a distance of 179.68 feet; Thence (17) South: 43*49'03" East along the Wast line of said parcel described in Affidavit-Death of Joint Tenant and said East right of way line a distance of 52.16 feet to the North right of way line of said Curnow Road; Thence (18) departing said West and East right of way line North 87127'47" West along said line from the intersection of the East right of way line of said Compagnoni Street and the North right of way line of said Curnow Road to the intersection of the West right of way line of said Compagnoni Street and the said North right of way line of Curnow Road right of way a distance of 66.65 feet to the centerline of said Compagnoni Street and the TRUE POINT OF BM INNING. Containing 22.06 Acres END OF DESCRIPTION CHECKED by KERN 00UNTY SPR4?VRS OFFICE ApPMVW by S:\ANNEXAT10N\Annex 665\EXHIBIT 665 A.doc / /-- 5; - zo 15 02115117 CC AGENDA PACKET PG 1 49 11 CA NNW- HUGHES LANE O ni o a t 0 o mc Z A o m o 'C b O COMPAGNONI ST. p Lo FR 7. r- 2 c'n ;a z P Zo S. H S (a CO In tit 'In p O nil 02115117 CC AGENDA PACKET PG 150 ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Consent - Ordinances e. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Community Development Director DATE: 1/20/2017 WARD: Ward (s) 4, 7 SUBJECT: Adoption of ordinance amending Bakersfield Municipal Code Sections 1.12.040 and 1.12.070 by adding Annexation No. 651 consisting of 31.78 acres located along the south side of Seventh Standard Road, generally east of Allen Road to Ward 4 and Annexation No. 662 consisting of 4.96 acres located at the northwest corner of Castro Lane and Kingsley Lane to Ward 7. (FR 01125117) Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on January 25, 2017. This project is an Ordinance to amend the boundaries of Ward 4 and Ward 7 to include the property included in Annexation Nos. 651 and 662; which were recently approved by LAFCo. Annexation No. 651 (Seventh Standard No. 3) consists of 31.78 acres located along the south side of Seventh Standard Road, generally east of Allen Road. The property owners, Julie Randolph, Lisa Hance, James Etcheverry and Frances Peterson, requested the annexation for development purposes and to receive City services. The project site is designated GC (General Commercial) and LMR (Low Medium Density Residential) by the Metropolitan Bakersfield General Plan and is zoned C-2 (Regional Commercial) and R-2 (Limited Multiple Family Dwelling). This area will be added into Ward 4. Annexation No. 662 (Castro No. 6) consists of 4.96 acres located at the northwest corner of Castro Lane and Kingsley Lane. The property owners, Frank and Donna Delfino, requested the annexation for development purposes and to receive City services. The project site is designated LR (Low Density Residential) by the Metropolitan Bakersfield General Plan and is zoned R-1-4.5 (One Family Dwelling — 4,500 sq. ft. minimum lot size). This area will be added into Ward 7. 02115117 CC AGENDA PACKET PG 151 F-11 i all M I ��i 14 Ll k &I Description Type Ord i'i inaince Mop d ing Mi ird liaOauinda id es foir Aininexa dons 651 Ordnance & 662 Wth ExhHNts 02115117 CC AGENDA PACKET PG 152 ORDINANCE NO. AN ORDINANCE AMENDING BAKERSFIELD MUNICIPAL CODE SECTIONS 1.12.040 AND 1.12.070 BY ADDING ANNEXATION NO. 651 TO WARD 4 AND ANNEXATION NO. 662 TO WARD 7. WHEREAS, the Local Agency Formation Commission (LAFCo) adopted a resolution for Annexation Nos. 651 and 662 recently ordering the territory annexed to the City of Bakersfield; and WHEREAS, the territory ordered to be annexed to the City of Bakersfield is required to be within a City Council Ward Boundary; and WHEREAS, the LAFCo recently completed the annexation for the territory to the City of Bakersfield, the exterior boundaries of Annexation Nos. 651 and 662 which are described in the attached Exhibit "A" and shown on the maps in Exhibit "B ", attached hereto and incorporated as though fully set forth herein. as follows: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield Section 1. All of the foregoing recitals are hereby found to be true and correct. Section 2. Annexation No. 651 shall be included in Ward 4. Section 3. Annexation No. 662 shall be included in Ward 7. Section 4. Sections 1. 12.040 and 1. 12.070 of the Bakersfield Municipal Code are hereby amended by adding thereto the legal descriptions set forth in Exhibit "A ". Section 5. This ordinance shall be posted in accordance with the Bakersfield Municipal Code and shall become effective upon the annexation of the above - described territory to the City of Bakersfield, but not less than thirty (30) days from and after the date of its passage. --- - - - - -- 000-- - - - - -- 02115117 CC AGENDA PACKET FCC 153 HEREBY CERTIFY that the foregoing Ordinance 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, GONZALES, WEIR, SMITH, , SULLIVAN, PARLIER PAMELA McCARTHY, MMC Interim City Clerk APPROVED KAREN GOH Mayor of the City of Bakersfield APPROVED as to form VIRGINIA GENNARO City Attorney MI- Attachments: EXHIBIT "A" - Legal Description. EXHIBIT "B" - Map. 2 02115117 CC A EN A PACKET FAG 15 EXHIBIT "A" CITY OF BAKERSFIELD ANNEXATION No. 651 SEVENTH STANDARD ROAD NO. 3 ANNEXATION TO THE NORTH OF THE RIVER SANITATION DISTRICT NO. 'I — ANNEXATION NO. 108 LEGAL DESCRIPTION BEING THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 1, TOWNSHIP 29 SOUTH., RANGE 26 EAST, MOUNT DIABLO BASE AND MERIDIAN, IN THE UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 1; THENCE NORTH 89°57'20" EAST, ALONG THE NORTH LINE OF THE NORTHWEST QUARTER, A DISTANCE OF 1,208.47 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE NORTHWEST CORNER OF PARCEL 1 OF PARCEL MAP NO. 11953 FILED ,JANUARY fib, 2012 IN BOOK 58 OF PARCEL MAPS AT PAGES 172 THROUGH 174, IN THE OFFICE OF THE KERN COUNTY RECORDER, SAID POINT ALSO BEING ON THE CITY CORPORATE BOUNDARY LINE OF THE CITY OF BAKERSFIELD PER ANNEXATION Nil. 633 RECORDED NOVEMBER 13, 2015 AS DOCUMENT NO. 0215158644, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE ALONG THE FOLLOWING FOUR (4) COURSES: 1) NORTH 89057'20" EAST, ALONG SAID CITY CORPORATE BOUNDARY, SAID NORTH LINE AND THE NORTHERLY LINE OF SAID PARCEL, A DISTANCE OF 1,425.86 FEET TO THE CITY CORPORATE BOUNDARY LINE OF THE CITY OF 13AKERSF €ELD PER ANNEXATION NO, 655 RECORDED NOVEMBER 20, 2008 AS DOCUMENT NO. 0208180935, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID PARCEL; THENCE 2) DEPARTING SAID NORTH LINE, SOUTH 00 °10'20" EAST, ALONG SAID CITY CORPORATE BOUNDARY LINE AND THE EASTERLY LINE OF SAID PARCEL, A DISTANCE OF 970.9E FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE 3) DEPARTING SAID CITY CORPORATE BOUNDARY LINE, SOUTH 89 °57'36" WEST, ALONG THE SOUTHERLY LINE OF SAID PARCEL, A DISTANCE OF 1,425.47 FEET TO THE SOUTHWEST CORNER. OF SAID PARCEL, SAID POINT ALSO BEING ON THE CITY CORPORATE BOUNDARY LINE OF THE CITY OF BAKERSFIELD PER ANNEXATION NO. 574 RECORDED MAY 28, 2008 AS DOCUMENT NO. 0208083798, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE P:TROJ ECT5113052.00- UlA7TH 3)LEGALS113052AN N EX.ODCX 02115117 CC A EN A PACKET FAG 155 EXHIBIT ` =A" CITY OF BAKERSFIELD ANNEXATION No. 651 SEVENTH STANDARD. ROAD NO.3 ANNEXATION TO THE NORTH OF THE RIVER SANITATION DISTRICT NO. 1- ANNEXATION NO. 108 LEGAL DESCRIPTION 4) NORTH 00.11'42" WEST, ALONG SAID CITY CORPORATE BOUNDARY LINE AND THE WESTERLY LINE OF SAID PARCEL, A DISTANCE OF 970.85 FEET TO THE POINT OF BEGINNING. CONTAfNING 31.78 CROSS ACRES, MORE OR LESS. MCIWOSH 561- 834 -4814 •661- 834 - 0'1'2 2001 Whee €an Court - Bakersfield, CA CHECKED by ICEi�N C<YJN TY SUWEYORS OFFICE Cate Approved by P:1PROJ ECTS113fl52,00- ULA7TH 3VLEC%ALS%130 57ANNEh_C}WX It . '3a , 2015 02115117 CC A EN A PACKET FAG 156 [<7 ` Z❑ w w o�x , ML i� .r. ii � LU sy -�rii G"u- u�anKr nnrn+icea IR 197 '8R FBU11VMuff H3 a do AL7 � sno.n.�ruK �+wn oin enr �•o 4 O �C A M W a $Q 1 m � C,I P fi rn m ��z�a �Pm �17� a P {] •- gad pE1g`z� f � I q � o 449 !Sll L a �l p 1.3 N MIN • � 1 I I ii I V t I ! I 1 I _ _ E I f , I 1 +� I aI I i I�I 1�I I�I 1�I 1 1 ii , 1 + 1 1 I 1� 7 I 1 I 1 I it 1 I ! I I I ii ii I i ii I 1 I , I i 1 ! 1 1 f I ii i� ! 3; l .! 4 I , I I t I � 02115117 CC A EN A PACKET FAG 157 ii � LU sy tl l.Ui i b IR d o 4 O �C q M W a 07 I � 1 m � C,I P fi rn m ��z�a �Pm �17� a P {] •- gad pE1g`z� f � I q � o 449 !Sll L a �l 02115117 CC A EN A PACKET FAG 157 LU IR d o �C q M W a 07 I � 1 m � C,I P fi rn m ��z�a �Pm �17� a P {] •- gad pE1g`z� f � I 02115117 CC A EN A PACKET FAG 157 EXHIBIT "A" CITY OF 13AKERSFIELD ANNEXATION NO. 662 RESOLUTION NO. CASTRO NO.6 CSA 43 DETACHMENT " I" REORGANIZATION LEGAL DESCRIPTION BEING THAT PORTION OF WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 30 SOUTH, RANGE 27 EAST, M.D.M., IN THE COUNTY OF KERN, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 1, SAID POINT ALSO BEING THE CENTERLINE INTERSECTION OF MING AVENUE AND CASTRO LANE; THENCE NORTH 00007'18" EAST, ALONG THE CENTERLINE OF CASTRO LANE AND THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID 'SECTION, A DISTANCE OF 885.00 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE EASTERLY PROLONGATION OF THE NORTHERLY RIGHT- OF-WAY LINE OF KINGSLEY LANE AND THE NORTHERLY LINE OF THE CITY OF BAKERSFIELD CORPORATE BOUNDARY PER THAT CERTAIN CERTIFICATE OF COMPLETION OF CITY OF BAKERSFIELD ANNEXATION NO. 385 RECORDED OCTOBER 31, 1995 AS DOCUMENT NO. 0195134417, OFFICIAL RECORDS, IN THE OFFICE OF THE KERN COUNTY RECORDER; THENCE ALONG THE FOLLOWING TWELVE (12) COURSES: 1) DEPARTING SAID CENTERLINE AND SAID EAST LINE, SOUTH 89 °59'32" WEST, ALONG SAID PROLONGATION, THE NORTHERLY RIGHT -OF -WAY LINE OF KINGSLEY LANE AND SAID CITY CORPORATE BOUNDARY LINE, A DISTANCE OF 179.76 FEET; THENCE 2) DEPARTING SAID NORTHERLY RIGHT- OF-WAY LINE AND SAID CITY CORPORATE BOUNDARY LINE, NORTH 14 000'28" WEST, A DISTANCE OF 95.00 FEET; THENCE 3) NORTH 40 035'28" WEST, A DISTANCE OF 75.00 FEET; THENCE 4) NORTH 61051'28" VILEST, A DISTANCE OF 196.40 FEET; THENCE 5) NORTH 31009'30" WEST, A DISTANCE OF 226.89 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION; THENCE 6) SOUTH 89 059'34" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 147.06 FEET; THENCE 7) DEPARTING SAID NORTH LINE, NORTH 00 00733" EAST, A DISTANCE OF 110.47 FEET; THENCE 8) SOUTH 89 059`34" EAST, A DISTANCE OF 426.00 FEET TO THE EASTERLY RIGHT - OF -WAY LINE OF CASTRO LANE; THENCE P:IPROJ ECTM14055 .00- DELFINO%EGALSl14065AN NEX.DOCX 02115117 CC A EN A PACKET FAG 158 EXHIBIT "A" CITY OF BAKERSFIELD ANNEXATION NO. 662 RESOLUTION NO. CASTRO NO.6 CSA 43 DETACHMENT 94117 REORGANIZATION LEGAL DESCRIPTION 9) SOUTH 00"07'33" VILEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND THE SOUTHERLY PROLONGATION THEREOF, A DISTANCE OF 110.13 FEET TO THE CENTERLINE OF LA FRANCE DRIVE, SAID POINT ALSO BEING THE NORTHERLY PROLONGATION OF THE EASTERLY RIGHT- OF-WAY LINE OF CASTRO LANE; THENCE 10) SOUTH 00007'18" WEST, ALONG SAID PROLONGATION AND THE EASTERLY RIGHT -OF -WAY LINE OF CASTRO LANE, A DISTANCE OF 375.55 FEET TO THE NORTHERLY LINE OF SAID CITY CORPORATE BOUNDARY; THENCE 11) CONTINUING SOUTH 40. 07'18" WEST, ALONG SAID CITY CORPORATE BOUNDARY LINE AND CONTINUING ALONG SAID EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 60.20 FEET; THENCE 12) DEPARTING SAID EASTERLY RIGHT -OF -WAY LINE, SOUTH 89 °59'32" WEST, CONTINUING ALONG SAID CITY CORPORATE BOUNDARY LINE, A DISTANCE OF 34.00 FEET TO THE POINT OF BEGINNING. CONTAINING 4.96 ACRES, MORE OR LESS. 661- 834-4814.661 -83 4 -0972 2001 Wheelan Court • Bakersfield, CA 93309 P:%PROJ ECTS114065, 00- DELFENOILEGALS114065AN NEX. DOCX CH110C4CEU by, ,ERN COL*" SURVr=yC]RS ()FftE DGW 02115117 CC A EN A PACKET FAG 159 z Fit - m S toll rnwum }xnmmnr !>win AYtYfw� loci w Mm 't ---- - - - - -- �! ' ain 'd • min` "' j �� f `°��` i' T z o #� 0. 0HC/I t7 Nt oU A k k �[oMf 911 '[AI • r - ter- - - - -- _ � A 11 e� Kd k 1 � 4 f - 02115117 CC A EN A PACKET FAG 160 ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Consent - Ordinances f. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Community Development Director DATE: 1/20/2017 iTiff-11 1.1 SUBJECT: Adoption of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from A (Agriculture) to C-2 (Regional Commercial) and R-3 (High Density Residential) on 13.5 acres located at the southwest corner of Hosking Avenue and South Union Avenue (ZC # 16-0128; Porter & Associates, representing Floyd G. & Loretta M. Hinesley). (FR 01125117) Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on January 25, 2017. PROJECT SUMMARY: The original project included an amendment to the Metropolitan Bakersfield General Plan Land Use Element and City of Bakersfield Zone Ordinance on 13.5 acres located at the southwest corner of Hosking Avenue and South Union Avenue. The general plan amendment component and environmental document was approved at the January 25, 2017 City Council meeting. Adoption of the zone change ordinance will change the zoning from A (Agriculture) to C-2 (Regional Commercial) on the northern 9.37 acres and R-3 (High Density Residential) on the southern 4.13 acres. The current proposal includes a recommendation to adopt an ordinance approving the zone change. BACKGROUND: The applicant requested the GPA/ZC to facilitate commercial and multiple- family residential development on the project site. Although no specific development plans have been submitted, the initial study and associated professional studies analyzed the impacts of constructing up to 52,155 square feet of commercial space and a 72-unit apartment complex, in accordance with CEQA. The applicant anticipates that construction of the commercial development will begin in 2018. The second phase, consisting of an apartment complex, is expected to be completed by 2020. SURROUNDING LAND USES: The project site is located at the southwest corner of Hosking 02115117 CC AGENDA PACKET PG 161 Avenue and South Union Avenue. The surrounding land uses include a church site, single-family homes and undeveloped industrial property to the north, Golden Valley High School to the west, undeveloped commercial property and single-family homes to the east and a residential home site and undeveloped property to the south. ENVIRONMENTAL REVIEW: Staff conducted an initial study and reviewed several professional studies prepared for the project. These included an Air Quality Impact Assessment, Cultural Resources Survey, Biological Resource Study and a Traffic Impact Study. Based on the studies, it was determined that the project would not have a significant effect on the environment with the incorporation of appropriate mitigation measures. Therefore a Mitigated Negative Declaration was prepared and posted on November 4, 2016, in accordance with CEQA. CONCLUSIONS: Consistency with General Plan. Staff determined that the project is internally consistent with the Metropolitan Bakersfield General Plan policies which; (1) allows for the development of a variety of residential types and densities; (2) encourages the development of high and high-medium density residential projects adjacent to existing and planned commercial, multi-family development and principal transportation corridors; and, (3) supports the development of a variety of commercial uses, including those which serve residents. • Consistency with Zoning Ordinance. Staff also determined that the C-2 (Regional Commercial) and R-3 (Multiple Family Dwelling) zone districts are compatible with the GC (General Commercial) and HR (High Density Residential) land use designations and surrounding development. The project is subject to City Zoning Ordinance requirements and building standards which will ensure the development is consistent with City standards. Overall Recommendation: On January 25, 2017, the City Council considered and approved the general plan amendment, environmental document and gave first reading of the zone change ordinance. Therefore, Staff recommends adoption of the ordinance. ATTACHMENTS: Description Type D Oir&naince Zone Chaingel 6 0,128 Wth EkNNts Ordinance 02115117 CC AGENDA PACKET PG 162 WHEREAS, the Planning Commission held a public hearing on December 1, 2016, *nd approved Resolution No. 53-16, which recommended that the City Council approve the Project; and WHEREAS, the City Council has adopted a Negative Declaration with mitigation measures for the Project; and UhEREAS, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report, Negative Declaration and the Planning Commission's deliberation, and action; and 3. The Project is subject to mitigation measures found within the adopted Negative Declaration for the Project. 4. The Project is hereby approved incorporating the change into the official zoning map as desc(ibed in Bakersfield Municipal Code Section 17.06.020 located on the map as shown in Exhibit A and as specifically described in Exhibit B, all of which are incorporated herein. �1:161 I NET This ordinance must be posted in accordance with the Bakersfield Municipal Code and will become effective not less than 30 days from and after the date of its passage. -000-- Page I of 2 02115117 CC AGENDA PACKET PG 163 I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on by the following vote: AYES: COUNCILMEMBER: R11VERA, C.K.)NZAII.ES, WEIR, SM11TH,-------, SULLIVAN, PARUER NOES: COUNCILMEMBER: ...................................................................................................................... . --------------------------------------- . ........... ABSTAIN: COUNCILMEMBER!: ABSENT: COUNCILMEMBER: . . . . . . . . ............................................................................ . ................................................................. oug"IT03mus 0 1 1"T VU03 MAvre ii! iiiiiii i � � � 11111111 111111111111111111111111111111111111111111111 • .0 - -0 "� rrF9'FFe #01#7MIsT 77 VIRGINIA GENNARO City Attorney — By: ............................................................................................................... ANDREW HEGLUND Deputy City Attorney Exhibits: A Zone Change Map B Legal Description ....... . ............ PAMELA McCARTHY, MMC intent City Clerk Page 2 of 2 02115117 CC AGENDA PACKET PG 164 02115117 CC A EN A PACKET FAG 16.E �a . -+r•. r; 02115117 CC A EN A PACKET FAG 166 THENCE (3) NORTH 00-03-48- WEST ALONG LAST SAID EAST LINE, A DISTANCE OF 266.78 FEET; f 02115117 CC A EN A PACKET FAG 167 a HOSKING w i ' ti A K C. 31, 0 30/28 POINT "A" I V Z og 0 cn 0 IL cv 04 0 Q ° ' i 0 zcn P.M. NO. 10019 to � PARCEL 2 �I w i ' ti A K C. 31, 0 30/28 POINT "A" I V Z og 0 cn 0 IL cv 04 Q ° ' i PARCEL 1 P.M. NO. 10019 to � PARCEL 2 �I . 10019 PARCEL 3 Pa. NO. 10019 PROPOSED ZONE � CHANGE ter. PARCEL 4 OF'P.M. NO. 10011 1 R I 02115117 CC A EN A PACKET FAG 168 ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Consent - Ordinances g. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Community Development Director DATE: 1/24/2017 iTiff-11 1.1 SUBJECT: Adoption of ordinance amending the Official Zoning Map in Title 17 of the Bakersfield Municipal Code by changing the zone district from C-1 (Neighborhood Commercial) and R-1 (One Family Dwelling) to P.U.D. (Planned Unit Development) zone district on 17.78 acres located at the northeast corner of Old Farm Road and Noriega Road. (ZC # 16-0264; McIntosh &Associates, representing Kern Land Partners, LLC). (FR 01125117) Staff recommends adoption of the ordinance. BACKGROUND: First reading of the ordinance was given on January 25, 2017. PROJECT SUMMARY: The original project included a request to amend the Metropolitan Bakersfield General Plan Land Use Element and City of Bakersfield Zone Ordinance on 17.78 acres located at the northeast corner of Old Farm Road and Noriega Road. The general plan amendment component and environmental document was approved at the January 25, 2017, City Council meeting. Adoption of the zone change ordinance will change the zoning from C-1 (Neighborhood Commercial) and R-1 (One Family dwelling) to P.U.D. (Planned Unit Development) for the development of a 176-unit condominium complex with a 2,500-square-foot community recreation building, outdoor swimming pool, multi-use sport court and tot lot. BACKGROUND: The existing C-1 and R-1 zoning was approved in 2005 to facilitate commercial and single-family residential development. Subsequent to the land use and zone change in 2005, a vesting tentative tract map was approved (VTTM No. 7268) to subdivide the parcel into 49 single-family lots, four commercial lots and three landscape lots. Although VTTM No. 7268 was approved on December 4, 2014, no development has occurred on the site and the final map has not recorded. Therefore, the applicant will process a Revised Vesting Tentative Tract Map (RVTTM No. 7268) to create a condominium lot and all entitlements for the original map (VTTM No. 7268) will become void following final approval of GPA 16-0264. 02115117 CC AGENDA PACKET PG 169 SURROUNDING LAND USES: The project site is the only remaining vacant lot within the immediate area. Surrounding properties include single-family residential homes to the north, east and west. Properties to the south include the Polo Community Park, Freedom Elementary School, and single-family residential homes. There are four additional schools within one mile of the site; these include Patriot Elementary School, Almondale Elementary School and Veterans Elementary School, and Frontier High School. ENVIRONMENTAL REVIEW: Staff conducted an initial study and reviewed several professional studies prepared for the project. These included a Cultural Resources Survey, a Biological Assessment Report, and a Traffic Analysis. Based on the studies, it was determined that the project would not have a significant effect on the environment with the incorporation of appropriate mitigation measures. Therefore, a Mitigated Negative Declaration was prepared and posted on November 9, 2016, in accordance with CEQA. DECEMBER 1, 2016 PLANNING COMMISSION MEETING: There were several individuals attending the meeting that spoke in favor and in opposition to the project. Individuals speaking in opposition to the project cited concerns such as; (1) the project will lower property values; (2) privacy and overlook issues for the abutting single-family homes to the north and east; (3) the proposed 176 units will be very tight and could cause traffic issues; (4) outdoor lighting nuisance for adjacent residential homes; and (5) the project needs to be subject to CC & R's and a HOA to restrict or disallow certain actions within the complex. The applicant, Roger McIntosh, McIntosh Associates, spoke in favor of the project stating that he has met with area residents and has incorporated as many comments/suggestions as allowable into the project design. The applicant has included additional features such as, no windows from 2nd story bedrooms adjacent to residential yards, 2nd story balconys as a fagade only, centralizing the play and open space areas to one area, and the placement of evergreen trees adjacent to existing residential homes for screening purposes into the P.U.D plan. He also stated that lighting will be per City Standards that requires height limits and screening from neighboring properties. The project will include a HOA which will adopt CC & R's for the condominium development. After hearing testimony and giving consideration to the proposal and all comments and findings evidenced in the staff report, the Planning Commission voted in favor of the project and recommended approval to the City Council. CONCLUSIONS: • Consistency with General Plan. Staff determined that the project is consistent with the land use policies as contained in the Metropolitan Bakersfield General Plan. The project will bring a different residential type of development into the area and is located where infrastructure is available or can be expanded to serve the proposed development. • Consistency with Zoning Ordinance. Staff has determined that the zone change is consistent with the low medium density residential land use designation on the site. The applicant has designed the project in a way that is compatible with the adjacent residential land uses and surrounding area; and, the proposal sufficiently demonstrates compliance with the necessary findings pursuant to Section 17.52.070 of the P.U.D. Chapter of the 02115117 CC AGENDA PACKET PG 170 Bakersfield Zoning Ordinance. OVERALL RECOMMENDATION: On January 25, 2017, the City Council approved the general plan amendment, environmental document and gave first reading for the Ordinance for GPA/ZC 16-0264. Staff recommends adoption of the ordinance. ATTACHMENTS: Description Type D Oir&naince /kppirovi'iing Zone Chair ge Wth Exhbts Ordinance 02115117 CC AGENDA PACKET PG 171 ORDINANCE NO. AN ORDINANCE OF THE BAKERSFIELD CITY COUNCIL APPROVING AN AMENDMENT TO TITLE 17 OF THE BAKERSFIELD MUNICIPAL CODE TO CHANGE THE ZONE DISTRICT LOCATED AT THE NORTHEAST CORNER OF OLD FARM ROAD AND NORIEGA ROAD (GPA /ZC NO. 16- 0264). WHEREAS, McIntosh & Associates, for Kern Land Partners, LLC, filed an application with the City of Bakersfield Community Development Department requesting to change the zone district from C -1 (Neighborhood Commercial) and R -1 (One Family Dwelling) to PUD (Planned Unit Development) on 17.78 acres located at the northeast corner of Old Farm Road and Noriega Road (the "Project "); and WHEREAS, the Planning Commission held a public hearing on Thursday, December 1, 2016, and approved Resolution No. 62 -16, which recommended that the City Council approve the Project; and WHEREAS, the City Council has adopted a Negative Declaration with mitigation measures for the Project; and WHEREAS, the City Council considered all facts, testimony, and evidence concerning the Project, including the staff report, Negative Declaration and the Planning Commission's deliberation, and action; and WHEREAS, the Project is consistent with the Metropolitan Bakersfield General Plan. SECTION 1. NOW, THEREFORE, BE IT ORDAINED by the Bakersfield City Council as follows: 1. The above recitals, incorporated herein, are true and correct. 2. The Planning Commission's findings as contained in its Resolution No. 62 -16 are hereby adopted. 3. The Project is subject to mitigation measures found within the adopted Negative Declaration for the Project. 4. The Project is hereby approved incorporating the change into the official zoning map as described in Bakersfield Municipal Code Section 17.06.020 located on the map as shown in Exhibit B and as specifically described in Exhibit C, all of which are incorporated herein. Page 1 of 3 02115117 GG AGENDA PACKET FAG 172 5. The proposed PCD zone includes a preliminary development plan (PD Review File No. 16- 0265), as delineated in attached Exhibit B (Location Map), Exhibit D (Preliminary Development Plan /Landscape Plan) and Exhibit E (Building Elevations), is hereby approved, subject to the conditions of approval /mitigation measures in Exhibit A. SECTION 2. This ordinance must be posted in accordance with the Bakersfield Municipal Code and will become effective not less than 30 days from and after the date of its passage. .1@ Page 2 of 3 02115117 CC AGENDA PACKET FCC 173 HEREBY CERTIFY that the foregoing Ordinance was passed and adopted Council of the City of Bakersfield at a regular meeting held on the following vote: AYES: NOES: ABSTAIN ABSENT: APPROVED COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney 61111101-1 a A�1:411q:A PAMELA McCARTHY, MMC Interim City Clerk Exhibits: Exhibit A: Conditions of Approval Exhibit B: Location Map Exhibit C: Legal Description Exhibit D: Preliminary Development Plan /Landscape Plan Exhibit E: Building Elevations Page 3 of 3 by the - -_by 02115117 CC A EN A PACKET FAG 17 EXHIBIT A PUD CONDITIONS OF APPROVAL (MITIGATION MONITORING AND REPORTING PROGRAM) PUD ZONE CHANGE NO. 16 -0264 (PD REVIEW FILE NO. 16 -0265) 02115117 CC A EN A PACKET FAG 175 EXHIBIT A Conditions of Approval PUD Zone Change No. 16 -0264 (PD Review File No. 16 -0265) CITY ATTORNEY In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and /or property owner and /or subdivider ( "Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners and boards ( "City" herein) 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, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for City's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. COMMUNITY DEVELOPMENT - BUILDING (Staff contact - Oscar Fuentes 661 - 326 -3676 or Ofuentes @bakersfieldcity.us) 2. Prior to review of improvement plans by the City, the developer shall submit a grading plan for the proposed site to be reviewed and approved by the City Engineer and Building Official (Bakersfield Municipal Code Section 16.44.010). With the grading plan, if the project is subject to the provisions of the National Pollutant Discharge Elimination System (NPDES), a Notice of Intent (NOI) to comply with the terms of the General Permit to Discharge Storm Water Associated with Construction Activity (WQ Order No. 99- 08 -DWQ) must be filed with the State Water Resources Control Board in Sacramento before the beginning of any construction activity. Compliance with the general permit requires that a Storm Water Pollution Prevention Plan (SWPPP) be prepared, continuously carried out, and always be available for public inspection during normal construction hours. 3. A grading permit is required prior to final plan approval. The developer shall submit 4 copies of grading plans and 2 copies of the preliminary soils report to the Building Division. A final soils report shall also be submitted to the Building Division before they can issue a building permit. Please note that grading plans must be consistent with the final building site plans and landscaping plans. Building permits will not be issued until the grading permit is approved by the Building Division, Planning Division (HCP), and Public Works Department. 02115117 CC A EN A PACKET FAG 176 PDR# 16 -0265 Page 2 of 10 4. An approved site utilities plan is required prior to final plan approval. 5. Show on the final building plan how and where water will be drained from the property. 6. Show on the final building plan pedestrian access from the public way and handicap parking. Private streets are not the public way. 7. The developer shall include fire resistive wall construction details with the final building plans for all exterior walls of any building that is within the distance as set forth in Table 602 of the California Building Code. 8. Include with or show on the final building plans information necessary to verify that the project complies with all disability requirements of Title 24 of the California Building Code. 9. The developer shall obtain all required approvals from the Kern County Environmental Health Services Department (2700 "M" Street, Bakersfield, CA, 93301; PH 661- 862 -8700) for any public pool or related facility before building permits can be issued. Disabled access to any public pool and related facility shall comply with Title 24 of the California Building Code. 10. Buildings or structures shall require installation of an automatic fire sprinkler system where required by current California Building Code and City ordinance. 11. Before the Building Division can allow occupancy of this apartment complex, they must inspect and approve the placement and colors of the address numbers identifying each unit and /or building, and on -site building /unit location maps so that emergency personnel can easily find a specific unit when responding to the site during an emergency. 12. The Building Division will calculate and collect the appropriate school district impact fee at the time they issue a building permit. 13. Final Building plans shall show pedestrian access pathways or easements for persons with disabilities from public rights -of -ways that connect to all accessible buildings, facilities, elements, and spaces in accordance with the California Building Code. These pedestrian access ways shall not be parallel to vehicular lanes unless separated by curbs or railings. 14. Prior to granting occupancy, the Building Division will verify that a water meter serving the development is in place. Therefore, it is recommended that the developer contact the applicable water purveyor to inquire about their process for obtaining water service for the development as soon as possible. To determine who the water purveyor for the development is, you may contact the City of Bakersfield Water Resources Department (1000 Buena Vista Road, Bakersfield, CA, phone: 661 - 326 - 3715). 15. Show on the final building plan electric vehicle charging spaces as required by the California Green Code. 02115117 CC AGENDA PACKET FAG 177 PDR# 16 -0265 Page 3 of 10 COMMUNITY DEVELOPMENT - PLANNING (Staff contact - Hayward Cox 661 - 326 -3673 or HCox@ba kersfield city. us) 16. The minimum parking required for this project has been computed based on use and shall be as follows: Number Use Of Units 2 -BR's 88 units 3 -BR's 88 units Guest Parking Parking Required Ratio Parking 2 spaces /unit 176 Spaces 2 spaces /unit 176 Spaces 10% of (352) 35 Spaces Required Parking: 387 spaces (Note: 448 parking spaces are shown on the proposed site plan. By ordinance, compact and tandem spaces cannot be counted toward meeting minimum parking requirements.) 17. Minimum parking stall dimensions shall be 9 -feet wide by 18 -feet long. Vehicles may hang over landscape areas no more than 2-1/2 feet provided required setbacks along street frontages are maintained, and trees and shrubs are protected from vehicles. 18. All parking lots, driveways, drive aisles, loading areas, and other vehicular access ways, shall be paved with concrete, asphaltic concrete (A. C.), or other paved street surfacing material in accordance with the Bakersfield Municipal Code (Sections 15.76.020 and 17.58.060.A.). 19. Lighting is required for all parking lots, except residential lots with four units or less (Section I7.58.060.A.). Illumination shall be evenly distributed across the parking area with light fixtures designed and arranged so that light is directed downward and is reflected away from adjacent properties and streets. Use of glare shields or baffles may be required for glare reduction or control of back light. No light poles, standards and fixtures, including bases or pedestals, shall exceed a height of 40 feet above grade. However, light standards placed less than 50 feet from residentially zoned or designated property, or from existing residential development, shall not exceed a height of 15 feet. The final building plans shall include a picture or diagram of the light fixtures being used and show how light will be directed onto the parking area. Please note that staff can require additional adjustments to installed lighting after occupancy to resolve glare or other lighting problems if they negatively affect adjacent properties. 20. Because parking and /or access is being shared with adjacent properties, the developer shall file with the Planning Division before any building permits are issued a copy of a recorded map, C. C. and R.'s, or other instrument that ensures that drive aisles, parking, and access is legally shared in common with adjoining properties as depicted on the site plan for the life of the project. 02115117 CC AGENDA PACKET FCC 178 PDR# 16 -0265 Page 4 of 10 21. The developer shall include a copy of a final landscape plan with each set of the final building plans submitted to the Building Division. Building permits will not be issued until the Planning Division has approved the final landscape plan for consistency with approved site plans and minimum ordinance standards (please refer to the landscaping requirements in Chapter 17.61). (NOTE: At the time a final site inspection is conducted, it is expected that plants will match the species identified and be installed in the locations consistent with the approved landscape plan. Changes made without prior approval of the Planning staff may result in the removal and /or relocation of installed plant materials and delays in obtaining building occupancy.) 22. Overlooks from windows, balconies, and decks of the 2nd or higher floor into rear yards of property containing single - family homes must be screened (see Section 17.08.090). This condition affects any office, commercial, and industrial building, and any apartment or condominium structure containing three or more units that are within 150 feet of properties zoned R -1, R -S -1 A, MH, or PUD, or from condominium projects of a single family character. Screening proposals must be approved by the Planning Division before building permits will be issued. Suggested methods for accomplishing screening are included in the attached ordinance section. 23. A solid masonry wall shall be constructed adjacent to residentially zoned and /or designated property as indicated by staff on the returned site plan. This wall must be shown on the final building plans and shall be constructed a minimum height of 7 feet as measured from the highest adjacent finished property grade. If the parking lot, including drive aisles, delivery areas, loading and unloading areas are within 10 feet of residentially zoned property, a 7 -foot wide landscape strip that includes landscaping consistent with Chapter 17.61 shall be installed between the wall and parking /drive areas (as noted on the returned plan). 24. Provide a site plan showing all dwelling unit designations (by unit number or letter) for each building within the complex. 25. Business identification signs are neither considered nor approved under this review. A separate sign permit reviewed by the Planning and Building Divisions and issued by the Building Division, is required for all new signs, including future use and construction signs. Signs must comply with the Sign Ordinance (Chapter 17.60 of the Bakersfield Municipal Code.) 26. Habitat Conservation fees shall be required for this project and will be calculated based on the fee in effect at the time we issue an urban development permit (includes grading plan approvals) as defined in the Implementation /Management Agreement (Section 2.21) for the Metropolitan Bakersfield Habitat Conservation Plan. Upon payment of the fee, the applicant will receive acknowledgment of compliance with Metropolitan Bakersfield Habitat Conservation Plan (Implementation /Management Agreement Section 3.1.4). This fee is currently $2,145 per gross acres, payable to the City of Bakersfield (submit to the Planning Division). This fee must be paid before any grading or other site disturbance occurs. 02115117 CC A EN A PACKET FAG 179 PDR# 16 -0265 Page 5 of 10 Forms and instructions are available at the Planning Division or on the city's web site at www.bakersfieldcity.us (go to Community Development Department). The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) expires in year 2019. Projects may be issued an urban development permit, grading plan approval, or building permit and pay fees prior to the 2019 expiration date under the current MBHCP. As determined by the City of Bakersfield, only projects ready to be issued an urban development permit, grading plan approval or building permit before the 2019 expiration date will be eligible to pay fees under the current MBHCP. Early payment or pre - payment of MBHCP fees shall not be allowed. The ability of the City to issue urban development permits is governed by the terms of the MBHCP. Urban development permits issued after the 2019 expiration date may be subject to a new or revised Habitat Conservation Plan, if approved, or be required to comply directly with requests of the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife. 27. Burrowing Owl Notification: The burrowing owl is a migratory bird species protected by international treaty under the Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703-711). The MBTA makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory bird listed in 50 C.F.R. Part 10 including feathers or other parts, nests, eggs, or products, except as allowed by implementing regulations (50 C.F.R. 21). Sections 3503, 3503.5, and 3800 of the California Fish and Game Code prohibit the taking, possession, or destruction of birds, their nests or eggs. To avoid violation of the provisions of these laws generally requires that project related disturbance at active nesting territories be reduced or eliminated during critical phases of the nesting cycle (March 1- August 15, annually). Disturbance that causes nest abandonment and /or loss of reproductive effort (e.g., killing or abandonment of eggs or young) may be considered "taking" and is potentially punishable by fines and /or imprisonment. 28. A Park Development and Improvement Fee shall be paid at the time of the building permit being issued. We will base the fee at the rate in effect at the time the permit is issued. The current fee is $1,870 for each independent residential unit. 29. Open storage of materials and equipment shall be surrounded and screened with a solid wall or fence (screening also applies to gates). This fence shall be at least 6 feet in height and materials shall not be stacked above the height of the fence. (Note: Fences taller than 6 feet are allowed in commercial and industrial zones but they will require a building permit). 30. Areas used for outside storage shall be treated with a permanent dust binder or other permanent dust control measure consistent with the regulations of the San Joaquin Valley Air Pollution Control District. (Note: All passenger vehicle - parking areas must be paved.) 31. Refuse collection bin enclosures and container areas are subject to all required structural setback from street frontages, and shall not reduce any parking, loading or landscaping areas as required by the Zoning Ordinance. 32. In the event a previously undocumented oil /gas well is uncovered or discovered on the project, the developer is responsible to contact the Department of 02115117 CC A EN A PACKET FAG 18 PDR# 16 -0265 Page 6 of 10 Conservation's Division of Oil, Gas, and Geothermal Resources (DOGGR). The developer is responsible for any remedial operations on the well required by DOGGR. The developer shall also be subject to provisions of BMC Section 15.66.080.B. 33. The developer shall meet all regulations of the San Joaquin Valley Air Pollution Control District (Regulation VIII) concerning dust suppression during construction of the project. Methods include, but are not limited to; use of water or chemical stabilizer /suppressants to control dust emission from disturbed area, stock piles, and access ways; covering or wetting materials that are transported off -site; limit construction - related speed to 15 mph on all unpaved areas /washing of construction vehicles before they enter public streets to minimize carryout /track out; and cease grading and earth moving during periods of high winds (20 mph or more). 34. Prior to receiving final building or site occupancy, you must contact the Planning Division (staff contact noted above) for final inspection and approval of the landscaping, parking lot, lighting and other related site improvements. Inspections will not be conducted until all required items have been installed. Any deviations from the approved plans without prior approval from the Planning Division may result in reconstruction and delays in obtaining a building or site occupancy. 35. Amenities shall be provided that include, but are not limited to, an indoor recreation facility and outdoor activities for a gym, tot lot, swimming pool, and sports court. FIRE DEPARTMENT (Staff contact - Ernie Medina 661 - 326 -3682 or EMedina @bakersfield city. us) 36. Show on the final building plans the following items: a. All fire lanes as identified on the returned plans. Any modifications shall be approved by the Fire Department. Fire lane identification signs shall be installed every 100 feet with red curbing when curbing is required. All work shall be completed before occupancy of any building or portion of any building is allowed. b. All fire hydrants, both offsite (nearest to site) and on -site. Include flow data on all hydrants. Hydrants shall be in good working condition and are subject to testing for verification. Fire flow requirements must be met prior to construction commencing on the project site. Please provide 2 sets of the engineered water plans to both the Fire Department and the Water Resources Department. C. All fire sprinkler and /or stand pipe systems, fire alarms and commercial hood systems. These suppression systems require review and permits by the Fire Department. The Fire Department will issue guidelines for these various items as they may apply to this project. d. Project address, including suite number if applicable. If the project is within a shopping or business center, note the name and address of the center. 02115117 CC A EN A PACKET FAG 181 PDR# 16 -0265 Page 7 of 10 e. Name and phone number of the appropriate contact person. 37. The developer must request an inspection from the Water Resources Department (1000 Buena Vista Road, Bakersfield, CA, phone: 661- 326 -3715) for any underground sprinkler feeds at least 24 hours before they are buried. The Prevention Services Division (1501 Truxtun Avenue, Bakersfield CA, Ph. 661/326-3979) must complete all on -site inspections of fire sprinkler systems and fire alarm systems before any building is occupied. 38. The developer shall show on the final building plans a minimum 20 -foot wide all - weather emergency access with an overhead clearance of 13 feet 6 inches within 150 feet of all buildings on the project site. The Fire Department must approve the final location and design of the access prior to building permits being issued. This access shall be constructed before building occupancy will be granted. 39. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete or other driving surface approved by the Fire Chief. The access road must be capable of supporting the imposed load of fire apparatus weighing at least 75,000 pounds and shall be surfaced with the first layer of asphalt as to provide all- weather driving capabilities. All access (Permanent and temporary) to and around any building under construction must be a least 20 feet wide and contain no obstruction. The fire apparatus access road shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. 40. Turning Radius: The minimum turning radius shall be thirty -seven feet. 41. The minimum gate width shall be 20 feet and a minimum vertical clearance of thirteen (13) feet six (6) inches is required when the gate is at full open position. Where there is more than one gate and two or more driveways separated by islands, a minimum horizontal clearance of fifteen (15) feet for each driveway and a minimum vertical clearance of thirteen (13) feet six (6) inches is required when gates are at full open position. Horizontal distance shall be measured perpendicular to the direction of travel on the driveway. Vertical distance shall be measured from the highest elevation of the driveway to the lowest overhead obstruction. 42. Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. All new construction of access gates shall be equipped with an automatic opening device which is activated through the wireless activation system utilized on City of Bakersfield owned vehicles for traffic preemption. Installation and maintenance of the wireless activation system on access gate(s) shall be completed by the gate owner. The gate opening device shall have a disconnect feature for manual operation of the gate when the power fails. 02115117 CC AGENDA PACKET FCC 182 PDR# 16 -0265 Page 8 of 10 43. All projects must be in compliance with the current California Fire Code and current City of Bakersfield Municipal Code. PUBLIC WORKS - ENGINEERING (Staff contact - George Gillburg 661 - 326 -3997 or GGillbur@bakersfield city. us) 44. The developer shall install two streetlights along Noriega Road and Old Farm Road as shown by staff on the returned site plan. The developer shall be responsible for providing the labor and materials necessary to energize all newly installed streetlights before occupancy of the building or site. These improvements shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. 45. The developer shall install new connection(s) to the public sewer system. This connection shall be shown on the final building plans submitted to the Building Division before any building permits will be issued. 46. All on -site areas required to be paved (i.e. parking lots, access drives, loading areas, etc.) shall consist of concrete, asphaltic concrete (Type B. A. C.) or other paved street material approved by the City Engineer. Pavement shall be a minimum thickness of 2 inches over 3 inches of approved base material (i.e. Class II A. B.) if concrete is used, it shall be a minimum thickness of 4 inches per Municipal Code Section 17.58.060.A. This paving standard shall be noted on the final building plans submitted to the Building Division before any building permits will be issued. 47. If a grading plan is required by the Building Division, building permits will not be issued until the grading plan is approved by both the Public Works Department and the Building Division. 48. If the project generates industrial waste, it shall be subject to the requirements of the Industrial Waste Ordinance. An industrial waste permit must be obtained from the Public Works Department before issuance of the building permit. To find out what type of waste is considered industrial, please contact the Wastewater Treatment Superintendent at 661 - 326 -3249. 49. Before any building or site can be occupied, the developer must reconstruct or repair substandard off -site street improvements that front the site to adopted city standards as directed by the City Engineer. Please call the Construction Superintendent at 661- 326 -3049 to schedule a site inspection to find out what improvements may be required. 50. A street permit from the Public Works Department shall be obtained before any work can be done within the public right -of -way (streets, alleys, easements). Please include a copy of this site plan review decision to the department at the time you apply for this permit. 51. A sewer connection fee shall be paid at the time a building permit is issued. We will base this fee at the rate in effect at the time a building permit is issued. 52. If the project is subject to the provisions of the National Pollutant Discharge Elimination System (NPDES), a "Notice of Intent" (NOI) to comply with the terms of the General Permit to Discharge Storm Water Associated with Construction Activity 02115117 CC A EN A PACKET FAG 183 PDR# 16 -0265 Page 9 of 10 (WQ Order No. 92 -08- DWQ) must be filed with the State Water Resources Control Board in Sacramento before the beginning of any construction activity. Compliance with the general permit required that a Storm Water Pollution Prevention Plan (SWPPP) be prepared, continuously carried out, and always be available for public inspection during normal construction hours. 53. A transportation impact fee for regional facilities shall be paid at the time a building permit is issued, or if no building permit is required, before occupancy of the building or site. This fee will be based at the rate in effect at the time the building permit is issued. The Public Works Department will calculate an estimate of the total fee when you submit construction plans for the project. 54. The developer shall form a new Maintenance District. Undeveloped parcels within an existing Maintenance District are required to update Maintenance District documents. Updated documents, including Proposition 218 Ballot and Covenant, shall be signed and notarized. If there are questions, contact Manny Behl at 661- 326 -3576. 55. All storm water generated on the project site, including the street frontage shall be retained onsite unless otherwise allowed by the Public Works Department (please contact the Public Works Department - Subdivisions at 661 - 326 - 3576). 56. This project may be located within a Planned Sewer Area. Please contact the Public Works Department - Subdivisions at 661 - 326 -3576 to determine what fees may apply. 57. This project may be located within a Planned Drainage Area. Please contact the Public Works Department - Subdivisions at 661 - 326 -3576 to determine what fees may apply. 58. This project may be subject to Bridge and Major Thoroughfare fees. Please contact the Public Works Department - Subdivisions at 661 - 326 -3576 to determine what fees may apply. PUBLIC WORKS - TRAFFIC (Staff contact - George Gillburg 661 - 326 -3997 or GGillbur @bakersfield city. us) 59. Street return type approaches, if used, shall have 20 -foot minimum radius returns with a 60 -foot throat width. All dimensions shall be shown on the final building plans. 60. Two -way drive aisles shall be a minimum width of 24 feet. If perpendicular (90 °) parking spaces are proposed where a vehicle must back into these aisles, the minimum aisle width shall be 25 feet. All drive aisle dimension shall be shown on the final building plans. 61. Show the typical parking stall dimension on the final building plans (minimum stall size is 9 feet x 18 feet). 02115117 CC A EN A PACKET FAG 18 PDR# 16 -0265 Page 10 of 10 PUBLIC WORKS - SOLID WASTE (Staff contact - John Wilburn 661 - 326 -3114 or JWilburn@bakersfield city. us) 62. You must contact the staff person noted above before building permits can be issued or work begins on the property to establish the level and type of service necessary for the collection of refuse and /or recycled materials. Collection locations must provide enough containment area for the refuse that is generated without violating required zoning or setback restrictions (see Planning Division conditions). Levels of service are based on how often collection occurs as follows: • Cart service -- 1 cubic yard /week or less 1 time per week • Front loader bin services -- 1 cubic yard /week - 12 cubic yards /day • Roll -off compactor service -- More than 12 cubic yards /day 63. Show on the final building plans refuse bin enclosures. Each enclosure shall be designed according to adopted city standard (Detail #ST25 A and B), at the size checked below Q. Before occupancy of the building or site is allowed, 15 three - cubic yard front loading type refuse bin(s) shall be placed within the required enclosure(s). 0 15 - 6' deep x 8' wide (1 bin) ❑ 8' deep x 15' wide (3 bins) OR 0 8 - 8' deep x 10' wide (2 bins) ❑ 8' deep x 20' wide (4 bins) NOTE: All measurements above are curb -to -curb dimensions inside the enclosure. If both refuse and recycling containers are to be combined in the same enclosure area, this area must be expanded in size to accommodate multiple containers /bins (contact the staff person above for the appropriate enclosure size). 64. Facilities that require infectious waste services shall obtain approval for separate infectious waste storage areas from the Kern County Health Department. In no instances shall the refuse bin area be used for infectious waste containment purposes. 65. Facilities that require grease containment must provide a storage location that is separate from the refuse bin location. This shall be shown on the final building plans. 66. Facilities that participate in recycling operations must provide a location that is separate from the refuse containment area. 02115117 CC A EN A PACKET FAG 185 EXHIBIT B LOCATION MAP 02115117 CC A EN A PACKET FAG 186 i ONIM 0 AVS Avg Od ad] 3AV WllniliSNOO ry w (D z z < 80 AlOd (IHVM331 0 L vmw C) N C) m ),VddS MHO NV300 0 m AlOd NV30 0 < < 0 0 3AVAi213911 JO -10 AVO GNVS is ONIM ]ViSVOO 06 66 S31V,k NIAV(IVNHOH 0 2 a: 0 < AVM 3ASN3d wz z < z NI 311M09 w of HVOONVN3HS �-�m Ow NOANVO OINOiNVNVS Cc' w 7. 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Mw Omin1 wR Y Mw Y WtlM a;M4 wMaMpr 0 � �� WWIw Mn4rq ti Nr rW W I OW prp wMM IM � wrW aCM aYr®Waww tl ww rtlW w a fAMk 1w ww wrrM w�.w r rr rw sw 9 w eww 1 }a0 T wI • M MO9IMlr . r1 r/Wr ffi yyp m rO9 r•0 p�esaMMn w MI rw rM M • AMY r 1 MrMn wr Mq Aw�6 Ww.�w ®MW- � I IrMq MaYWYa rAlb. ab r n Wrr rMd tart U —�= I N aK •ngpl L ppy. � �Y�a+•el sw �YM wq+rP�11/ WLt) btl wpMMme: • r I.K+ w r 194a"+MI9 N n bW r rm SrtM. rrlMa n..x n i. R a I w e.M w f e fW' 02115117 CC A EN A PACKET FAG 192 02115117 CC A EN A PACKET FAG 193 EXHIBIT E BUILDING ELEVATIONS 02115117 CC A EN A PACKET FAG 19.E F--7 Vllm� lr%z 02115117 CC AGENDA PACKET PG 196 111,10 IIR Jf 111,10 "Gi %' _ r �� �� /�o �i iii,,' / /', %'� ., ��a ,J'� ✓ �; U a � „�N � �/ �, ��i o �, �� r,�r� i I� ry �/� ��� � � ' 1 J��JJJJJI dA iI! Al J��� / % �/ "Gi %' _ r �� �� /�o �i iii,,' / /', %'� ., ��a mi l �( / r 1 ryU 1 J , IJ 9 Jt 4w 7 pw 6 � 111 j mi 7 9 7 6 � � ykr l Ilp;il'I' I YCu. j/ /lrylw J,' all ;�! ✓ ° �a '�,- r, ,. // �, IT i (� I rf � i it t �� 6x Am w , � hr y ice. ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Consent - Resolutions h. TO: Honorable Mayor and City Council FROM: Nick Fidler, Pubic Works Director DATE: 1/19/2017 iTiff-11 1.1 SUBJECT: Dispense with normal bidding procedures for repairs of a segment of the Westside Parkway: 1. Resolution dispensing with bidding procedures due to emergency repairs required for a short section of the inside eastbound lane and inside shoulder of the Westside Parkway, located between the Calloway Drive on-ramp and the Coffee Road off-ramp, and authorizing work to remedy the drainage repairs, not to exceed $240,000. 2. Transfer $240,000 of savings from the PG&E Tower Relocation on the Westside Parkway Project to fund said emergency repairs within the Gas Tax Fund. STAFF RECOMMENDATION: Staff recommends adoption of Resolution and approval of transfer and appropriation. BACKGROUND: Recently Public Works staff observed some unevenness in the pavement surface on the inside eastbound lane of the Westside Parkway from east of Calloway Drive to a point near Coffee Road. After further investigation and due to high daily traffic volumes on the freeway facility, the Public Works Director determined that a section of pavement required immediate repair. The Public Works Director was informed that the repairs to the pavement could not be accomplished by City staff alone due to the time constraints involved, the expertise required and the equipment needed to accomplish the repairs. Four outside firms were authorized to commence emergency repairs to this roadway segment as noted below: • AECOM was authorized to perform design engineering services for the repairs as AECOM was the original designer of the Westside Parkway; 02115117 CC AGENDA PACKET PG 201 • Dewalt Corporation was authorized to provide necessary 3-D surveying services; NV5 was authorized to provide necessary construction management services including material testing and construction inspection since NV5 was the original Construction Manager for the Westside Parkway; and • Granite Construction Company, on a time and materials basis, was authorized to install approximately 150 feet of pipe, construct minor drainage facilities within this area, and replace six 12 to 15 feet long sections of pavement within this section of the roadway and shoulder to restore the freeway's surface. This resolution authorizes the dispensing of normal bidding procedures in accordance with Section 3.20.060 of the Bakersfield Municipal Code to repair this short segment along the Westside Parkway for the preservation of life, health, or property. Staff also recommends transferring $240,000 in Gas Tax project savings recently identified in the PG&E Tower Relocation project for the Westside Parkway Project to fund these emergency repairs. There is no General Fund impact associated with work authorized under this Resolution. F-11 i all M I ��i 14 LI k &I Description D ReSdUdOlrl Type Resokltblrl 02115117 CC AGENDA PACKET PG 202 RESOLUTION NO. A RESOLUTION DISPENSING WITH BIDDING PROCEDURES DUE TO EMERGENCY REPAIRS REQUIRED FOR A SHORT SEGMENT OF THE INSIDE EASTBOUND LANE AND INSIDE SHOULDER OF THE WESTSIDE PARKWAY, LOCATED BETWEEN THE CALLOWAY DRIVE ON -RAMP AND THE COFFEE ROAD OFF - RAMP, AND AUTHORIZING WORK TO REMEDY THE REPAIRS, NOT TO EXCEED $240,000. WHEREAS, recently the Public Works Director observed some unevenness in the pavement surface on the inside eastbound lane of the Westside Parkway from east of Calloway Drive to a point near Coffee Road; and WHEREAS, due to the high daily traffic volumes on this freeway facility, the Public Works Director determined that the roadway required immediate repair; and WHEREAS, the Public Works Director was informed that the repairs to the pavement could not be accomplished by City staff alone due to the time constraints involved, the expertise required, and the equipment needed to accomplish the repairs; and WHEREAS, pursuant to subsection DA of Section of 3.20.060 of the Bakersfield Municipal Code, the Public Works Director deemed this pavement condition to be of urgent necessity for the preservation of life, health, or property; and WHEREAS, to remedy this emergency, the Public Works Director authorized four outside firms to commence work on the problem; and WHEREAS, the Public Works Director authorized AECOM to perform design engineering services for the repairs since AECOM was the original designer of the Westside Parkway; and WHEREAS, the Public Works Director authorized Dewalt Corporation to provide necessary 3 -D surveying services; and WHEREAS, the Public Works Director authorized NV5 to provide necessary construction management services including material testing and construction -- Page 1 of 3 Pages -- 02115117 CC AGENDA PACKET FCC 203 inspection since NV5 was the original Construction Manager for the Westside Parkway; and WHEREAS, the Public Works Director authorized Granite Construction Company, on a time and materials basis, to install approximately 150 feet of pipe, construct minor drainage facilities within this area, and replace six 12 to 15 feet long sections of pavement within this section of the roadway and shoulder to restore the freeway's surface. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows: The above recitals are true and correct and are incorporated herein by reference. 2. Based on the facts included in the above recitals, the City Council hereby finds that said work performed by AECOM, Dewalt Corporation, NV5, and Granite Construction Company was of urgent necessity for the preservation of life, health or property, thereby allowing the dispensing of bidding requirements as set forth in subsection D.2 of Section 3.20.060 of the Bakersfield Municipal Code. 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 to repair this condition shall not exceed $240,000 in aggregate. •�@I1�• -- Page 2 of 3 Pages -- 02115117 CC AGENDA PACKET FCC 204 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, GONZALES, WEIR, SMITH, COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO, CITY ATTORNEY JIM ANDREW HEGLUND Deputy City Attorney , SULLIVAN, PARLIER CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield -- Page 3 of 3 Pages -- 02115117 CC AGENDA PACKET FCC 205 ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Consent - Resolutions i. TO: Honorable Mayor and City Council FROM: Nelson K Smith, Finance Director DATE: 2/3/2017 iTiff-11 1.1 SUBJECT: Disposal of Real Property: 1. Resolution declaring real property at 3900 White Lane as surplus to the needs of the City and authorizing the Finance Director to negotiate its sale. 2. Agreement with Raeleen J. Boykin, Executrix of the Estate Guy H. Wilkins to purchase said property for $50,000. STAFF RECOMMENDATION: Staff recommends adoption of the resolution and approval of the agreement. BACKGROUND: The property being sold was originally acquired for a drainage retention basin which was subsequently relocated. The basin consists of approximately 19,200 square feet and is surrounded on three sides by another property as shown on the attached map. The owner of the surrounding property is currently selling their property and has requested to purchase our property to include into the sale of their property. As the property is no longer needed by the City, it has been determined to be surplus. Therefore, staff has agreed to sell the property at the same per square foot value as they are receiving for their property. F-11 i all M I ��i 14 Ll k &-] Description D 3900 WNte I ane reSdUtblrl D PUirchase/Sa e Agirirnt 3900 WN te I ane D Map of 3900 & 4000 WNte I ane Type Resokltblrl Agireeirneint BackU IMateir4� 02115117 CC AGENDA PACKET PG 206 .. . WHEREAS, the City acquired a fee simple interest in property located at 3900 White Lane; and, WHEREAS, Bakersfield Municipal Code 3.20.125 authorizes the negotiated sale of City property deemed to be "surplus "; and WHEREAS, Raeleen J. Boykin, Executrix of the Estate of Guy H. Wilkins whose property fronts the City's property on three side has requested to purchase the property; and WHEREAS, the Bakersfield Planning Department found the sale of this property to be consistent with the Metropolitan Bakersfield 2010 General Plan pursuant to Government Code Section 65402. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The foregoing findings and recitals are true, correct, and incorporated herein. 2. Real Property described in Exhibit "A" attached hereto is hereby declared surplus to the City's needs and the Finance Director is authorized to negotiate its sale. 3900 White Lane resolution.doc 2/3/2017 DMA Page 1 of 3 02115117 CC AGENDA PACKET FAG 207 �1• 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 RIVERA, GONZALES, WEIR, SMITH, SULLIVAN, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER APPROVED: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Associate City Attorney 3900 White Lane resolution.doc 2/3/2017 DMA PAMELA MCCARTHY, CMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Page 2 of 3 02115117 CC AGENDA PACKET FCC 208 EXHIBIT "A" (The Property) All of those portions of the West half of the Southwest Quarter of the Northeast Quarter of Section 14, Township 30 South, Range 27 East, M.D.B. &M:, in the County of Kern, State of California, being a parcel of land described as: The North 180 feet of the South 385 feet of the East 120 feet of the West half of the Southwest Quarter of the Northeast Quarter of said Section 14. Also, a parcel of land described as: The North 150 feet of the South 205 feet of the East 10 feet of the West half of the Southwest Quarter of the Northeast Quarter of said Section 14. Excepting therefrom all oil, oil rights, minerals, mineral rights, natural gas, natural gas rights, and other hydrocarbons, without surface entry, as reserved in the Deed dated. executed by Eva A. Wilkins, recorded May 20, 1965 in Book 3841 of Official Records, at Page 730. APN: 403- 520-10 CITA Preliminary Report (11 -17 -06) Page 5 of 20 3900 White Lane resolution.doc 2/3/2017 DMA Page 3 of 3 02115117 CC A EN A PACKET FAG 209 AGREEMENT NO. CONTRACT TO SELL REAL PROPERTY THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation and California charter city (herein "SELLER "), and RAELEEN J. BOYKIN, EXECTRIX OF THE ESTATE OF GUY H. WILKINS, (herein "BUYER "). RECITALS: WHEREAS, SELLER holds fee title to certain real property located at 3900 White Lane, also known as Assessor's Parcel Number 403 - 520 -10 in the City of Bakersfield, more particularly described in Exhibit "A" attached hereto and incorporated herein by reference ( "The PROPERTY "); and WHEREAS, the Planning Department of the City of Bakersfield has found the sale of The Property to be consistent with the City's General Plan; and WHEREAS, SELLER has declared The Property as surplus to the needs of the City of Bakersfield and authorized its sale; and WHEREAS, BUYER desires to purchase The Property; and WHEREAS, it is the intent of the parties to set forth all the covenants and conditions for the sale by SELLER and the purchase by BUYER of The Property. NOW, THEREFORE, incorporating the above recitals herein, SELLER and BUYER mutually agree as follows: 1. AGREEMENT TO SELL AND PURCHASE. SELLER agrees to sell and BUYER agrees to purchase The Property in accordance with all of the covenants and conditions set forth in this Agreement. 2. PURCHASE PRICE. BUYER shall pay to SELLER the sum of FIFTY THOUSAND DOLLARS ($50,000.00) payable in cash, as hereinafter provided. 3. ESCROW. 3.1 Escrow Holder. The purchase and sale of The Property shall be consummated by means of an escrow to be opened at the office of Placer Title Company (herein "Escrow Holder ") located at 3900 Coffee Road, Suite 7, Bakersfield, CA 93308. ContractToSe II Real Property PASurplus \3900 White Lane \3900 White Lane agrmt.doc Updated — 2/3/2017 -- Page 1 of 6 Pages -- 2115117 CC AGENDA PACKET FCC 21 3.2 Escrow Instructions. Within five (5) working days of execution of this Agreement by all parties, each shall deliver to Escrow Holder appropriately executed escrow instructions or file a written protest detailing what instructions are not acceptable. This Agreement shall serve as the parties' instructions to the Escrow Holder and shall become part of the escrow instructions for consummation of the purchase and sale of The Property. SELLER and BUYER agree to execute such additional and supplementary instructions as may be appropriate or required by Escrow Holder to comply with the terms of this Agreement; provided, however, that in the event of any conflict between this Agreement and any additional or supplementary escrow instructions, the terms of this Agreement shall control, unless the parties jointly agree to the contrary. Said escrow instructions are incorporated herein by this reference. 3.3 Closing Costs. BUYER and SELLER shall each pay '/2 escrow costs including, but not limited to: recording fees, documentary transfer taxes, and the escrow fees. SELLER shall be responsible for owners title insurance all real property taxes and assessments accruing up to the close of escrow and the cost, if any, to clear title to The Property. 4. PRELIMINARY TITLE REPORT AND DOCUMENTS. Within ten (10) working days of execution of this Agreement by the BUYER the following shall occur: 4.1 SELLER shall obtain a preliminary title report, herein "PTR ", concerning The Property, issued by Placer Title Company, together with copies of reproducible documents referred to in such PTR, if any. 4.2 SELLER shall provide BUYER copies of all currently effective unrecorded tenant leases, licenses or other agreements, if any, relating to The Property. 4.3 BUYER shall deliver to Escrow Holder its written approval or disapproval of any exceptions to the title within ten (10) working days after BUYER's receipt thereof. In the event such written approval or disapproval is not received by Escrow Holder on or before the date due, it shall be presumed BUYER has approved each of said exceptions. If, after receipt of disapproval of any exceptions to the title, SELLER does not elect to cure all of said exceptions, then BUYER shall have the right either to accept title to The Property subject to said exceptions, thereby waiving any and all claims against SELLER by reason thereof, or to terminate this Agreement. BUYER shall give SELLER such written notice of BUYER's election within the ten (10) working days after receipt of SELLER's election not to cure. If BUYER elects to terminate this Agreement, thereafter neither SELLER nor BUYER shall have any further liability hereunder, except that BUYER shall be entitled to the prompt return of all funds deposited ContractToSe IIRea I Property PASurplus \3900 White Lane \3900 White Lane agrmt.doc Updated — 2/3/2017 -- Page 2 of 6 Pages -- 2115117 CC AGENDA PACKET FCC 211 by BUYER with Escrow Holder, less reasonable escrow cancellation fees and costs and title company charges which BUYER hereby agrees to pay. 5. CLOSING DATE. Escrow shall close on or before April 14, 2017, unless extended by mutual written agreement of all parties. 6. CONVEYANCE OF TITLE. SELLER agrees to convey to BUYER fee simple title to The Property, subject only to the permitted exceptions as set forth in the title policy or elsewhere in this Agreement. 7. DISCLOSURES. BUYER is purchasing the PROPERTY upon their personal inspection, without any representations or warranties either expressed or implied and accepts said property in its present "AS IS" condition. 8. 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. 9. 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. 10. 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. 11. TIME. Time is of the essence in this Agreement. 12. 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. 13. 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. 14. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship. ContractToSel Rea lP rope rty PASurplus \3900 White Lane \3900 White Lane agrmt.doc Updated — 2/3/2017 -- Page 3 of 6 Pages -- 2115117 CC AGENDA PACKET FCC 212 Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 15. 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 incorporated, whether or not actually attached. 16. 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. 17. NOTICES. All notices relative to this Agreement shall be given in writing and shall be served or sent by certified or registered mail and shall 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: To SELLER: City of Bakersfield 1600 Truxtun Avenue Bakersfield, CA 93301 Attention: Don Anderson To BUYER: Raeleen J. Boykin, Executrix 4509 Matila Place Kingsport, TN 37664 Either party may change its address for notice by delivering written notice to the other party as provided herein. 18. 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. ContractToSel (Real P roperty PASurplus \3900 White Lane \3900 White Lane agrmt.doc Updated — 213(2017 -- Page 4 of 6 Pages -- 02115117 CC AGENDA PACKET FCC 213 19. BROKERS AND FINDERS. The parties acknowledge and represent that SELLER shall pay no commission to any broker or finder in connection with the purchase and sale of The Property. 20. HAZARDOUS MATERIALS. SELLER is transferring property AS IS. SELLER knows of no hazardous materials upon the property. BUYER has the right of entry during escrow to examine The Property to determine the existence of hazardous materials. Should hazardous materials be found on The Property, BUYER may either accept the full responsibility and costs of clean -up or cancel the escrow. Once escrow closes, BUYER takes the property AS IS and assumes all responsibility and liability for hazardous materials of every kind found on The Property including, but not limited to, clean -up costs. 21. TAX EFFECT. None of the parties (nor such parties' counsel or accountants) has made or is making in this Agreement any representation to any other party (or such party's counsel or accountants) concerning any of the tax effects or consequences on the other party of the transactions provided for in this Agreement. Each party represents that it has obtained, or may obtain, independent tax advice with respect thereto and upon which it, if so obtained, has solely relied. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. "SELLER" "BUYER" CITY OF BAKERSFIELD THE ESTATE OF GUY H. WILKINS By: By: KAREN GOH RAELEEN J. BOYKIN Mayor Executrix Additional signatures on following page ContractToSellRealProperty PASurplus \3900 White Lane \3900 White Lane agrmt.doc Updated — 2/3/2017 -- Page 5 of 6 Pages -- 2115117 CC A EN A PACKET FAG 21 APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Associate City Attorney COUNTERSIGNED: NELSON K. SMITH Finance Director Attachments: Exhibit "A" - Property Description ContractToSe11 Rea Property PASurplus \3900 White Lane\3900 White Lane agrmt.doc Updated — 2/3/2017 -- Page 6 of 6 Pages -- 2115117 CC A GEN A PACKET FAG 21.E (The Property) All of those portions of the West half of the Southwest Quarter of the Northeast Quarter of Section 14, Township 30 South, Range 27 East, M.D.B. &M., in the County of Kern, State of California, being a parcel of land described as: The North 180 feet of the South 38S feet of the East 120 feet of the West half of the Southwest Quarter of the Northeast Quarter of said Section 14. Also, a parcel of land described as: The North 150 feet of the South 205 feet of the East 10 feet of the West half of the Southwest Quarter of the Northeast Quarter of said Section 14. Excepting therefrom all oil, oil rights, minerals, mineral rights, natural gas, natural gas rights, and other hydrocarbons, without surface entry, as reserved in the Deed dated executed by Eva A. Wilkins, recorded May 20, 1965 in Book 3841 of Official Records, at Page 730. APN: 403- 520 -10 CLTA Preliminary Report (11- 17 -06) Page 5 of 20 02115117 CC A EN A PACKET FAG 216 :I I I I ����1 iTi � FTiT_ 'G / / / / / / / / /// ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Consent - Resolutions j. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 1/6/2017 &1[11 1.1 SUBJECT: Amendment No. 1 to Resolution No. 054-15 to include additional major parts and equipment to original resolution which determined that the purchase of four Vaughan Chopper Pumps required for the Wastewater Treatment Plant No. 3 digester mixing system cannot be reasonably obtained through the usual bidding procedures and authorizing the finance director to dispense with bidding therefor, revised not to exceed amount of $315,000. STAFF RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: The Wastewater Division of the Public Works Department operates and maintains Wastewater Treatment Plants No. 2 and No. 3, which service the City of Bakersfield east and west of Highway 99, respectively. The infrastructure and equipment required to operate both Plants are specialized and complex. Plant staff routinely performs preventative maintenance work to extend the life of plant equipment. However, even with preventative maintenance work, there are occasions where replacement of equipment is more fiscally prudent in the long term, as opposed to continuing to repair a piece of equipment. In keeping with the goal of fiscal prudence, Resolution No. 054-15 (attached to this Administrative Report as reference), approved by the City Council on May 20, 2015, authorized the dispensing of regular bidding procedures to replace four Vaughan Chopper pumps at a cost not to exceed $135,000, since the repair of these pumps would not be fiscally prudent. Vaughan Chopper pumps are currently in use at Plant 3 and consistency amongst digester pumps allows staff to better maintain and service the complex pumps. Rockwell Engineering & Equipment is the sole distributor of these pumps in the City's geographic region. As background, digester mixing pumps mix sludge in anaerobic digesters to produce methane gas (which is important for energy creation via cogeneration system) and produce Class B biosolids (which is a requirement of the State Water Resources Control Board and the Environmental Protection Agency). Digester mixing is critical to achieve both products. 02115117 CC AGENDA PACKET PG 218 Initially, only the digester mixing pumps required replacement. After commencing work on replacing the pumps, staff encountered significant confinement and compatibility issues with the installation of the pumps, as well as other operational issues with the drive units of each pump. Before purchasing the Vaughan Chopper Pumps, staff hired an engineering consultant, Provost & Pritchard (P&P), to investigate the causes and solutions of the compatibility issues. Because of the ongoing issues with the drive units and amount of time required for P&P to complete their analysis, the project was delayed. After P&P's investigation, staff concluded that in addition to the four new pumps, new drive units are needed as well as new inlet and outlet assemblies for each pump. The new drive units and inlet/outlet assemblies are costly refurbishments and estimated to cost $180,000. The new drive units and inlet/outlet assemblies must also be compatible with the existing system. Therefore, these drive units and inlet/outlet assemblies must also be purchased from Rockwell Engineering & Equipment. This proposed amendment to Resolution No. 054-15 authorizes the Finance Director to dispense with normal bidding procedures because the vendor is the sole distributor of Vaughan Chopper pumps and accompanying equipment. The proposed amendment to the Resolution increases the not to exceed compensation amount from $135,000 to $315,000. Exhibit A to the proposed amended Resolution provides detail for the $313,439 of project costs. Sufficient funds are budgeted for this purchase. Sewer Enterprise funds provide the funding source for this purchase; therefore, there is no General Fund impact. ATTACHMENTS: Description D Amendment (1) to Resokltblrl 054...'15 D ExhbUk foir/kirneindirneint (1) D ReSdUtblrl 054...'15 (foir refeirence) Type Resokltblrl Exhbt BackU IMateir4� 02115117 CC AGENDA PACKET PG 219 RESOLUTION NO. 054 -15(1) AMENDMENT NO. 1 TO RESOLUTION NO. 054 -15 TO INCLUDE ADDITIONAL MAJOR PARTS AND EQUIPMENT TO ORIGINAL RESOLUTION WHICH DETERMINED THAT THE PURCHASE OF FOUR VAUGHAN CHOPPER PUMPS REQUIRED FOR THE WASTEWATER TREATMENT PLANT NO. 3 DIGESTER MIXING SYSTEM CANNOT BE REASONABLY OBTAINED THROUGH THE USUAL BIDDING PROCEDURES AND AUTHORIZING THE FINANCE DIRECTOR TO DISPENSE WITH BIDDING THEREFOR, REVISED NOT TO EXCEED AMOUNT OF $315,000. WHEREAS, on May 20, 2015, the City council adopted Resolution No. 054- 15 allowing the Finance Director to dispense with bidding procedures and procure four Vaughan Chopper Pumps from Rockwell Engineering & Equipment, not to exceed $135,000; and WHEREAS, the four Vaughan Chopper Pumps are to replace four old digester mixing pumps at Wastewater Treatment Plant No. 3; and WHEREAS, the City currently has Vaughan Chopper Pumps in place on digesters seven and eight for digester mixing; and WHEREAS, having one type of digester mixing pump allows Wastewater staff to better maintain and service digester mixing pumps; and WHEREAS, Rockwell Engineering & Equipment is the sole distributor of Vaughan Chopper Pumps in Bakersfield's geographical region; and WHEREAS, upon further investigation of digester mixing pump operations, staff determined that each mixing pump's drive unit, inlet assembly, and outlet assembly must also be replaced; and WHEREAS, the additional major parts and equipment required to complete this project increases the not -to- exceed compensation amount from $135,000 to $315,000, as documented in Exhibit A (attached herein by reference); and WHEREAS, the Public Works Director recommends the Council find that the purchase of additional parts and equipment to replace each mixing pump's drive unit, inlet assembly, and outlet assembly at Wastewater Treatment Plant No. 3 can only be reasonably obtained from Rockwell Engineering & Equipment, because Rockwell Engineering & Equipment is the sole distributor of Vaughan Chopper Pumps for the City's geographical area, and recommends the Council - Page 1 of 3 Pages - 02115117 CC AGENDA PACKET FCC 220 amend Resolution No. 054 -15 and authorize the Finance Director to dispense with bidding in accordance with subsection D.2 of Section 3.20.060 of the Bakersfield Municipal Code. NOW, THEREFORE, IT IS HEREBY RESOLVED AND ORDERED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct. 2. Resolution No. 054 -15 is hereby amended to read as follows: 2. The City Council hereby finds that said the purchase of four Vaughan Chopper Pumps, pump drive units, inlet assemblies, and outlet assemblies for Wastewater Treatment Plant No. 3 can only be reasonably obtained from Rockwell Engineering, because Rockwell Engineering is the sole distributor of Vaughan chopper pumps for the City's geographical area. 3. The Finance Director is authorized to dispense with bidding and to negotiate the purchase of same, not to exceed $315,000. 3. Except as amended herein, all other provisions of Resolution No. 054 -15 shall remain in full force and effect. Attachments: Exhibit A --- - - - - -- 000--- - - - - -- - Page 2 of 3 Pages - 02115117 CC AGENDA PACKET FCC 221 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: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA H. RUDNICK Deputy City Attorney II RIVERA, GONZALES, WEIR, SMITH, TKA , SULLIVAN, PARLIER PAM MCCARTHY, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield - Page 3 of 3 Pages - 02115117 CC AGENDA PACKET FCC 222 Chopper Pumps EXHIBIT A Z= ..' ....... ...... . _. Rockwell Erigs neering Attn: Brad Rockwell Project: Bakersfield Quote# 325740 Dated: 1/27/17 Page 'I DUE TO CONTINUED PRICING INSTABILITIES IN MOTORS, METALS AND CASTINGS ALL PRICING BEYOND 60 DAYS MUST BE VERIFIED PRIOR TO PLAC/N(37 AN ORDER. ------ - - -------------- LINT - fbi ITEM 9 '( ION PR 'AL I—' " " E' . N.......... __ _ . . ....... 4 OnlyVAUGHAN MODEL HE12W12CSl3-210 HORIZONTAL, BELT DRIVEN END SUCTION CHOPPER PUMP CONSISTING OF: CASING AND BACK PULL-OUT PLAT E, cast ducWe won, IMPELLER, UPPER CUTTER AND EXTERNAL CUTTER, cast steel, heat tieated to minimum 60 RockweiI C Hardness Impeller dynainicafly balanced, (,,U T T'ER BAR, pkaie steel, heat heatud minifnufrii 030 Roc*,,vell C Haidn(,�ss SHAFTs lrieLd tr(,.'.,ated s0,',,,e1 BEARINGS, ball type thrust and radiab bearings, 00 lUbk icated BEARINGWACKMG HOUSING, cast ductlle iron with sight glass FLUSHLESS MECHAWAL SEAL, cwti'i dqe type w0 TC faces and in[egm� s,har.'aft sleeve, as RNIMSfaCtWed by `u We Jharl ELASTOMERS, Bt. NA Pq FLANGES, 12 " disc mrge & 12" lift wt 1215 LB ANSI rated. CUSTOM BASE, fabricated 1018 steel. CUSTOM C-MOUNT BELT DRIVE, kicludes adjust,.We, motor rnour0 s,,flety gUcfld, berls and sheaves I:or 435 pump RPM. DRIVE 30 HFI, '1170 RFItvl, 230/460/3160, 1.15 SF (1 0 on lnvelte ), 1 EFC--XF, Class 1, Div 1 olectrk, motor. AddltionaN lriclude, F" nsWation, Class 13 rise, lnverre Duty, 3 theri-nostats, Pump suBmlT'rAL FH,flSi+ Sandblasled and a prkne coat of 'Tnernec llerrnj Shle d PL. S,'nies 431 Epoxy and a finnsh coot of"T'netnec Flem'i@�ShieW PL Senors 4311 Elpoxy (for a total WiMMUM of 3(L MDF]) (Except motw) 'TOTAL PRIICE: $67,807 $271,228 2 1 Only APPURTENANCES CONS�STING OF: (1) COMPLETE SET OF SPEMAL TOOLS SHELF SPARE PARTS: (1) HAPELLER, (1) MECHAMCAL SEAL, (1) SET OF BELTS AND (1) CUTTER BAR TOTAL. P R � C E: $12,948 $12,948 PRODUC'TION ESTIMATED '14 TO 16 WEEKS AFTER RECEW`T0I"A[DPF',0VED SUNMITTAL.S, RELEASE TO )'l VI E: PRODUCTION AND EXEC U"I"I"D PURCIl-'lASE ORDER. ESTINIATED SHIP DATES ARE SUBJECTTO CHANGE DEi-)ENDENTON N/10"TCR, AVAlLABULTY. VAUGHAN CO. "QUILL ARF�ANGE SIlIPMEN1 UPON THE RECElPT OF APPROVED FAC] ORY1 ES' NS, IF APPLICABLE FOB: MONTESANO, WASMINGTON VIA BESTWAY TERM NET 30 DAYS, CONT]NGEN I'ON CREDI TAPPR OVAL EXPIRA'flW QUOTAHON VAL ID F:063 60 DAYS M "SeWdS 11(IMIH112 SPe('id11iSA " VaUghan (',o, Inc 11 364 Monke-EhTa Roars \1. m esano, VVA USA 98563 1 Plhono 3(30-249-4042 1 f'ax 360-2496Y55 4iG la com I www'chopperpumps corn 02115117 CC AGENDA PACKET PIS 223 m= [,,I,ockwefl EngVneering Attn Br,: ,Id RockweH ['Iro�ect, Bakersfield Chopper Pumps Quo,te # 325748 Dated: 1/27/'17 Page 2 DUE TO CC)NTINUED PRK,'WG WSTAB�I 1771.ES IN MOTORS, ME-7ALSAND ("AST/NGS, ALL PRICING BE Y()ND 60 DAYS MP, S I E VERIF'CED TO FILAGING AN ()RDEIR, DESCRIFII�ON -LUNif''PRR cC rdf.A.L. I T'E—M ["'d TY 6 N ff .. ...... ... .... .. .... 3 1 Only SERVICES CONSWING OF: FACTO RYP ERFORMANC E TEST�NG - FACTORY SUBWTTALS AND O&M MANUALS FRENGHTCHARGES TO THE JOBSffE, EQUWMENTTO BE SEPARATED FOR ACCESS KT O PUMP GALLERY [-OCAL. CA SALES rAX (ij) 715% ON TAXABLE H'EMS($271,228i $ '12,948) mtx�� NET CA TAX PUMP PERFORMANCE 3550 GPM @ 20 FT TDN -N APPL CA"NOW DNGESTER MIXING N N D U STR Y A U NC C i PA L. $5,800 $5,800 $2,860 $2,860 $20,602,76 $20,602.76 PROD�JCI NON ESTWAI'ED14 1"(',)'1(5 VVEEKS AFTER RECEWTOF APPROVED sumorrrAL S, R[.LEASE To TWE PRODUC,"HON AND EX ECU rED PURCHASE ORDER. ESTWATED S HP DATES ARE SUBJECI T() C,HANGE DEPENDENS f ON MOTOR, AVA, L,./'\B�.,IL.I"'Y,'VAUG AN CO, WNLL ARRANGE SHIPMEN f UFI(,Xl� 'THE RECIEW'TOF APPROVED FACTORY TES FS H: APPLICABLE FOB MONTESANO, WASWNGTON Wk BESTWAY ERM& NI;E T 30 (.)AYS, COWRNGENTON CREE)� r iw�,I��OVAL EXP RA nON: QUO"WnON VA 0 F&R 60 DAYS ..... ......... . ... .......... .. SN:) ,,Sofid� ----- ------ . . ........... V,aughan Cc) Inc, , 364 MoMe Dina F',oad I \Aontes,,;ano WA. JSA 98563 I Phone 360-249-4(:42 Fax com I www,chopperpumps cuin 02115117 CC AGENDA PACKET PG 224 LIE= PRO DUCTWARRANTY, TERMS & CSC MnONS FOR SALES MADE BY VAUGHAN CO, N? GENERAL 1he Teinns & CmUbm he mirf vsWiNnAvad I Vmj"n Co inc ("us" -NO & 00) as may be amenmAd by us hum hme to Mlw, (Tens and CondMonej appiy to aH dea[Ings vatic ou"mK&W aM sclud cas"M (PLY Saw joet muednes nvaoie by you or 0. or MV swicuum.samish" nqwry, cofer, request or anrangernen� Na 'Cofravuiriocaalion'}car saEe by use with respect N goods we snail l 'Pioduct(s)`) SCOPE OF SUPIAN: ScMe A sug,py vvW be Mow W acwWael quousmori ACCEPTANCE OF ORMR& No ScummUslan I SANg " LIS UU10 We MUWQ mcbsWe A WN we awm, eow in vmmg W by wool A pwdum.) idmWed In sun %narwmakm to amqf A as an wow V PmM=(W (o,AccapWd Ordarl An sanMh puidW by " is nW "N 0 Sir"=WM OWer NO CAWEiAAnW4: Aaasiptni OWws caninol be =A9d w moMied m M*1 co m Lowt wVwul ma pm wintissn musenT whpa conwrt mn be wNwW w SAM0 W MMMUM "d mum•o chay. we May wwcsc', PRICE ENCREASM"ne of PmduO(Q is subpM W inuease A equignent a IV shpiped aryl hin twNve morths hom Me caul 0 the pumhase oWer. TAXES: Nylf pliciss are sAect W 0 ankkk saks md um Mms wW a" rat{ s name noes, w heri.�rsfinsr irnposed vdQ fuaviA Q my gwornemMW aAmby wM ms"M W Ne mh A He Pw"MC vpwaos wasn WAss we nme W an opms immmimn W Me witmjk AWhwbW Taws wN be aulded M the prace, you pay. Our failure to cyraige or coNiscb,Appucabie 'Taxes vIdion Oe Mail no"QRve ym"of yow aWigMion fear is payment RegondIess of any othen qmMeN bernm MAppikAb I un am Am mM X days Qm the nvou"We, PAVMLN I ITHNN I mw -0 aiv "dHN Am✓n om cadi m% wa,"d a h ap"d dlanI nINmL'L'q v, h he Hmld in lull rahLit diac c It ImN nlow m ibI (in III) HIPNHKe 1, i"t ncccim!a] vdi,a,n due at it %opr c'rodlr " d,o�mcd ujwadi��faI,bn IIN W, III aIIN tjimC I6I, item Mk� mfhout latoplu! aWy ludmhaN, oinu "k inm,� d III,' n1i'mInI, ahnjkinh W) Kl IP—, Ia ,,..ft LC chalgc Itt tho ono that ( ibe Ce 7sc.X e)t (i) d 5'1" I)Ia 111 ah of (Im the inaNnnuip one alio,nvd b upyMok 5" cM 0 Nin"Lint joi't duc I Iumnlvlmjl�! 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I[ LILCt IIqpw%al I 'uhulufflak,md prodi"linfim I I61ra' In ly,Uc� U, o Ohre AI.ccjned e)Ndk,r 0wt mu•I I,,,, a ,-qnIol 1)C if, III ,'Apmn,_, I tax G I ERM SIOR %GE; to "M hAd hu,finci(,j In he b"Iml stuff a C "'11tImu0n upon[ paNitu,w 11 h0I put,lm(,t Old '.1 Inho, it °Iajun[In ( , 3w t"Itm Ilmd tmr oIbIn oju'ukImajin, edl h, n,din�ilod uin,i,. a,e t1e dial,o 1 ot'j, i Olt It IRi ( EVIAN( I: 0I, PROIA ( iaisp: You as r,a,, rrv„Ihdcr io jm,jmipn, iwq, ,[ Piodino("i don"A and uno w, n,I(hui nm,e (4 1 , duminkik &t,, Ioflh'v'liji! ,I Ike "W&WI(n] tol 1rlp,h ,r idud )Pji['L m wincunkIlMail'C'd Ihw Pajda'k,j rviih ill", ACct�%,d 01deL RL q t RNS Pt,1di;,:k1,, IWar rI,n Ira , hnurima,l I'm am I6 k"joi u[Ilfout amil,ni/jmkM In (I, Namw icta a, Q T WITH Wd khl—k yHIh I (r,rti ,r I III hr: f to HIII n nhMHHNi1,1[I Oil 411MIN WARRAWY: V"w"n Co ho wraiarms a me err pnm pwcwse vw: no M in"M "a in""Wis man vAuMumed " Vaughm Co W w bw h ALM n-vvwuwvc l� i'maten"fl fol a pbrinA oi onus 1 A a 1run, of ioa,t up a egman IQ n"onb own uw cww W swivir"na hmm Vaupan Cu "noomw =w; suy a H ,y -., my too uttrwvy ov no Wq panin W pwv PWW WmAuu. pum M a MAUNU a WrainnWHOT W I otMW I,rrrk,.w'r rmmW um and woo, WW II oak "wo m py P ;Y4 an; nown NI o"I"'gkon Cu S far'io(y "0 iVIVIRMIn vAA In W a nuotarnAmmy Amm HMW pwpwu Una it U. „, unaa a pop pJah M %N T! 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QVin piotip,,Lid onujgrlan Co :,Ii all rn we mWasVe a Wo cot all #abra tw u"W m "IT wwW a"M re—wanw; k own, vions MU,�1 INl safgnidod is woInIq to Vaaalryhaarr ('o"I not Iatei UsIn tjpnIy (30y oays ,Owv warranty far[ rM ucctx eilco' line onginal vvariwny tmiglh shdr oul no wul!�Wui .t M p -Mjr,!n 01 wider this Warianty IhnI, Wairari *MAW n 5 pirIpsom i w"mM"W%d 4 cow HwQaaQvXo a a Mq aWwwd iupies'�,'nUivctL vaugiran CLT sont,01 not be nzibki fi,r cunseiqwMW J"mps of my "W wId dw ponmon Q amnWinn M dow" tall arn 0 QW4 fC:Ir Me mies"ns 0 % use (mlinsuse 0\wwgnian Co plockj("or by the puwnuscn, IN ern"Nn a Wkurs Vaqywn Jo o nW be hAd insiagn II) k k Imal eqwmas WHWO Oqq=Vil whW0CCpM=V% %S W unwm"d marowwo or PA Tin WWWQ womm PQ any poad W "0 Cif jormw vnivr ha Won WqWN I 1161""(" ao'c'mient I gliguncQ1 Op�.Cat(I(j n tIIU rja$nu'j rowwwn ruin nw.we 0I IOP"310 vvQ,u Caused by pumping Eibra.tivu al can "nuve flumj�L Ir,^ bncakv,,run Is nW uu uwd anirrio"i, rIHs vvaifato,p Equipment arid acansIunfus purchased by V"P" Cu Wn, MMOMMMS =UWun =W"n;o3d mW wq VmVon wurw or WT pump owl oM wanonlud ON, In So uWarl hen d q Una cuqwx MWWWMMn% nowny or )K ,air ,Wb=it IT "Ini wohUo:h vv"ImInly IT aIsibruiairus, ounI be,eisigned Q Vayhon Co to Pou purdesw eid uset TMS 5 V"Toly/ A) S ST E AMRRMFY AMOS W 1 MU OF M A oseIg)i1mvi CL, nc,,? huj Km :Wv Io Ctaflroanv lu 'A ,a, <. Q; It v4 mm ougum a WWMW".qM No% 0 a vmww"Mi) n n (�,D"I'at''nul Ip Vat Va f,,rmv, 144"amw Nowne of WINVO VMnTQ 1 MoViT 0 Any V W M TMA 0 MW ra aMon " a K OW"A MM MM' Lr,,J q a;IjeI , D,indimg Im, Va,,ynum Co RETAINAGE; '10amagwitapiticaNe not 10 days upum ownem tsar ,IWrce BACK CHARGE You shWHer: male a bw Awyn eriumut Aw" rum ning witton apmvW front us couxc= ChARGE& You OHM pay aid cots sal m e4 tern es r Uml wMeW MmUmon manwaW"Mmmy km as aMmm"hw dinbrg" vans incur In mWeawAy W wom! out nights ansing oul of yow Minve To pedorm yow onqWpons no vsAnduding IwqhoW Immta von any vtbumpt m wNN w anaml qu nrue US EAR COMPLMNCE: If Pw"WC we expuilo, 4 Its we an✓no We taiuml stuturn"t Owse cm"uurles, AwhmAugy ur s0twauv vano expwlud hum Me GOVERIONG LAW� The Uwasirown beMuun you and us am -nMe in w2wnport Stop vane govt rile 4 Us Vows 0 vw"nwn sme MW ym a"s to siAnnil exeWsrvej to tin.Hisdichm; and vanuo A swo stub u with IOSWXA Tu ary msyn(to ausmy uLA (,It any o6.,IvvL,-m Nn,,l,, amd iird, YOU AND WE KNOWINGLY, VOLUNTAROY ANU Uyi IENTIONALR Y VVAiVE 1HE RIGHT rO .I"WAL BY JURY 04 ANY AC IIDN OR PROCiIA1DING AR[Sita(3 OUT OF AIN4Y SUCH DMPUrE, NO WC' HT OF SEDOF4 Enh AempWd Ddcu cone=% a sLinntana woo distmd amown man i:)y Laaa anu y,.tu mn,,, — ,,arminomi iuoyrneal Mi an Invoice w offset saline, M Mms ur Ho wt apmM surms y" chnn am Mv ps b"n vaM Lasynev W o"Mem Aiva"d OWU awme w ko ny Ww"nane or re ,asion whatsoever INDE MNIA N ( h %t Mk "I', III, wwm Tw owha"In wK am a" m nomhn m A" Kra "Mmao" wi hmn:iim,- ''I mi ,-mdi[ I ''mi �i mIJ I +6u;i,.� i hL appoHhInQd MV,,NH III,, N,:,:wJtmf, oj "wyni'MI% I, Cana OUR MGH W ARWWT EXCLUSWE: Ow right hereunder tue m ackdMin W wW mA M wu W ay q whe"Iwn aw Numus "Wow 0 us W ON W M ew4!y NOTTE& AH noWns of cktns or dispWas own 4 anho y" o"a wA mWou W arty Cwninm=ion Ameizaed Dater 0' Mme Tenna & CMAMMS SAH be in wrifling and aent by (a) Ii�st Class mall vvitil a copy by ceitit`ISId Intaad ikiturin oceqrt fso4UesPud postage pr✓lml or 0) ovemgMawomy sn"ns awyes pepid, Wd addils" M fOMS Q I Idended fm " to our addimss to z0b, a Cmirnmucovmwas soN a, an AXC"&d DIAW um pa"U aM an P W WW an pul' NO OTHER I ERMS ACCEPTED: No Iona or cmdams IAIsar uton "no? kaw, jild, CIinw:ons s ml I aq)p y kr VI�, uWe Stan Wmg in anyway addIngho orcormwase nmmying Pose rents akv Qndkams swl hu umving onus wwas su; kin aru S 1-11 L; S IVISCIEUAAEOU& Nucrawe; ofanympmor was syfwn y a wayr S"')i1sJ 1,y S ri Rh" is v renkms A wo AH o; de1ay in sm*yj a mnno a A we nmW u payll n? wrow from is to bruscr, by you Ary 561, hTvef MAy W fa -re q a v wne ocmsQn Awil not be deemed as waivur by LIS Of Wq fadure daluk Uy ym, W of a" twuny ingm or mmuoy wailAw to us me Scowl 00TSW W I swe", heachng in Umso Tuans IS Cumlihons we 5 aw"mence rahekswu r q wW gaAM Inns or uMorvne aRed aw nrewma; of arq wacs u) = qvvd r mos leans and CondMans 1% Inv,alir ly of entmoNQ of any p"m o"n i vw I wns and cw&nins Aran III [to vvLvv dne va aiYrr , `�.; a y OWW or"Mon 0-2111-01117 CC AGENDA PACKET PG 225 RESOLUTIONNO. 0 5 4 - 1, C9, WHEREAS, the Cilty'sWastewater Treatment Plant No. 3 (WWTP,3) is in need of four n, a digester mixing pumps for digesters three through six1- and WHEREAS, the City currently has, Vaughan Chopper Pumps in place on digesters seven arid eight for digester, mixing; and WHEREAS, having one type of diigiesier mixingi pump a1lows Wastewater staff to bettor maintain and service digester mixing pumps; and WHEREAS, Rockwell Enginee6ng, & Equlipment ps the sciGe distributor of Vaiugha,n Chopper Pumps for the City's geographical area, as shown in Exhibit A; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as folio s:: I The above reci:tals are true and correct and incorporated herein by reference. 1 The City Council hereby finds that said purchasing of four Vaughan chopper pumps for Wastewater Treatment Pliant No. 3 can only be reasonably obtained frorn Rackwe0 Engineering, because RockweU Engineering is the sope distributor of Vaughan chopper pumps for the City's geogiraphicaB area, 3. The Finance Director is authorized to dispense with b,idding and to negotiate the purchase of same, not to exceed $135,000, Pagile I of 2 G:\GROUP�',)Al'\ADMINRPT\20 5\51-20\Resolulion Sc)�escmce Digester MWng Ptsrnps,doc ZM 02115117 CC AGENDA PACKET PG 226 I HEREBY CERTIFY fhailt the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on MAY 2 0 2015 -- by the following voite v" <�4PAYE�S: COUNCilL MEMBER RIVERA, MAXWELL, WEIR, SMITH, HANSON, SULUVAN, PARUER ' COUN011. MEMBER - -- - - ----------------------------------------------------------------------- -------- ABSTAIN: COUNCIL MEMBER . .... . ................. . ... .................................................................... ABSENT: COUNCIL MEMBER REPMOMONFAMM MU. MMU1 M F MUM kmmuz- I RbBERTA GAFFOiRD, CMC CITY CLERK and E'x Officio Clerk of the Council of the City of Bakersfield Paige 2 of 2 G:\GROUPDAT\ADM NRPT\2015\5-20\Reso upon SdeSource Digesler Mixing Pumpsboc 7M ORIGINAL, 02115117 CC AGENDA PACKET PG 227 March 31, 2015 To Whom It May Concern, The authorized Representafive and exciussve Soie source fair Vaughan Co , Inc. including saleis, service anid parts for the States of California & Nevaida. is� 2913 Eii Ciamino Nail Sufte 337 Tustin R... Phone: 714/505-9700 Fw 714/505-9800 ErnajiL brad@rockweIlengiinee rare g corn Please contact them; for pric urn g, information or any other ass H stance you require M= "Solids Haoidling Specialists " M VaughonC&.1or, 1 .164 Monle Elmo Road n Montesano, 14A, VSA V8563 b Phone 360-M-4041n Fa4,160-249-61SI COM 0 rotOM& Cam n rhop;wrPufflym Com I trkowpm us"'rom 4µ rcu 02115117 CC AGENDA PACKET PG 228 ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Consent - Agreements k. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 1/18/2017 &1[11 1.1 SUBJECT: Mount Vernon Green Waste Facility Operations: 1. Approve Agreement with K & I Services ($300,000) for hauling wood chips from the Mount Vernon Green Waste Facility. 2. Appropriate $300,000 Refuse Fund balance to the Refuse Fund Operating Budget for green waste hauling services. STAFF RECOMMENDATION: Staff recommends approval of this Agreement and appropriation of funds. BACKGROUND: For over 30 years, wood chips have provided a source of renewable energy within California through a network of biomass power plants. The City sold wood chip fuel to the local biomass plant in Delano for 25 years, bringing in revenue of over $600,000 per year to offset the cost of grinding wood chips at the Mt. Vernon Recycling Facility. The Delano plant also provided trucking, valued at nearly $400,000 per year. However, the Delano plant closed in December of 2015, leaving the City with no mass buyers or users of the wood chips. The closure of the Delano plant is reflective of a shift in the renewable energies market, with a preference for solar power. Concerted efforts to keep the biomass plants open have been made by several farm and industry groups, legislators, and the Governor's office. These efforts have had limited success, which has forced greenwaste programs around the state to haul wood chips to landfills because no alternatives have developed. The City was able to find a temporary solution for most of 2016, as the Synagro Company near Taft hauled many of the City's wood chips in its trucks at no cost. This saved the City the cost of trucking, which is not budgeted with the greenwaste program. Synagro combines wood chips with biosolids from Southern California to make compost. However, due to a change in Synagro's business in mid-December 2016, most of its Taft activities were relocated to a plant near Barstow. This relocation has resulted in Synagro no longer utilizing the City's wood chips. Throughout this transition, the City has made several efforts to develop other outlets and uses for the wood chips, which include: • Offering free wood chips to the public; 02115117 CC AGENDA PACKET PG 229 • Advertising and promoting free wood chips via the Farm Bureau and ag publications; • Adding extra wood chips to the existing greenwaste compost operation (very limited due to technical and cost issues); • Spreading chips on various City lands, as well as medians and road shoulders (Westside Parkway, Rosedale Highway, etc.) • Offering free wood chips as fuel to cement companies and as dust suppression for ag and oil industries; and • Obtaining an air district grant to cover the Bakersfield Airport infields for dust suppression (will use approximately one month of chip production). Although these efforts have resulted in the utilization of wood chips, none can match the magnitude of the former power plant activities. Efforts to develop long-term solutions are ongoing and include: • Investigating the feasibility of a local, small-scale power generation plant using new, cleaner technology than the old biomass plants. Examples of these are in various stages in Merced, Modesto, and Napa; • Planning the incorporation of wood chips into the soil on the City's wastewater biosolids spreading farm through the existing farming operations. A separate action item related to this option may be brought to the City Council in the near future; and • Collaborating among local jurisdictions and industries to recommission the biomass plants. Given the current circumstances, operations at the City's greenwaste facility need to utilize trucking contractors to deliver surplus wood chips throughout the region when outlets become available. These include the Westside Parkway, local farms and vacant land where wood chips can be stored or used for erosion control. On January 6, 2017, staff issued a request for proposals (RFP) to nine firms that provide hauling services. One proposal was received from a qualified firm (K & I Services). The proposal from K & I Services was complete and based on historic costs, the rate was reasonable for the work proposed; therefore, staff is recommending approval of an agreement with K&I Services for the purpose of hauling wood chips. Approximately 30% of the cost for this Agreement is funded by Kern County pursuant the Green Waste Cost Share Agreement. There is no General Fund impact associated with this Agreement. Due to the ongoing changes in the wood chip market, the Solid Waste Division anticipates the need for future budgetary adjustments as operations of the Mount Vernon Green Waste Facility are modified to process the wood chips to meet the specifications of new uses. These potential changes include increased fuel and maintenance costs for composting the extra wood chips, and increased electrical power costs for grinding the normal 6" chips down to smaller sizes as specified by the new outlets. The changes to the market may also necessitate the need to develop contracts to spread the wood chips on City-owned facilities, or amendments to the City farm agreements to incorporate the wood chips into the farming operations. This is provided as information only and not incorporated into the request to approval the hauling agreement. ATTACHMENTS: Description Type D /kgireeirneint foir 6 bUh1r1g SeiMce /kgireeirneint 02115117 CC AGENDA PACKET PG 230 AGREEMENT NO. INDEPENDENT CONTRACTOR'S AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ( "CITY" herein) and K & I SERVICES, INC. ( "CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of trucking and transport services. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work is described as: 1.1 Transport materials from the City of Bakersfield's Mt. Vernon Recycling Center at 2601 South Mt. Vernon Avenue to Bakersfield Sanitary Landfill at 4200 Panorama Drive. 1.2 Transport materials from the City of Bakersfield's Mt. Vernon Recycling Center at 2601 South Mt. Vernon Avenue to Bena County Landfill. 1.3 Move materials within the Mt. Vernon Recycling Center as directed. Trailers must be a minimum of 100 cubic yards. Loads will be filled to reach as close as practical up to 80,000 gross vehicle weight, depending on material density. Other transportation services will be used as needed. The scope of work is further defined in the proposal attached hereto as Exhibit "A" (Contractor's detailed rate sheet) and incorporated herein by reference. 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. INDEPENDENT CONTRACTOR'S AGREEMENT C: \Users \smontellano \Desktop \K &I SERVICES INC MATERIAL HAULING CONTRACT.docx -- Page 1 of 10 Pages -- 2115117 CC AGENDA PACKET FCC 231 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of Three Hundred Thousand Dollars ($300,000) which shall be paid as set forth in "Exhibit A." 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. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered after receipt of an itemized invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by CITY to CONTRACTOR shall be made within thirty (30) days after receipt and approval by CITY of CONTRACTOR's itemized invoice. 4. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to the work set forth herein. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONTRACTOR 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 CONTRACTOR shall not change such personnel without the written approval of CITY. 5. STARTING WORK. CONTRACTOR 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 CONTRACTOR and CITY. 6. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth. 7. 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. 8. 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. If a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If a partnership, at least one INDEPENDENT CONTRACTOR'S AGREEMENT C: \Users \smontellano \Desktop \K &I SERVICES INC MATERIAL HAULING CONTRACT.docx -- Page 2 of 10 Pages -- 2115117 CC AGENDA PACKET FCC 232 partner shall hold the required licensees or professional degrees. 9. 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. 10. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in writing and signed by all the parties. If any modification of this Agreement results in total compensation which exceeds Three Hundred Thousand Dollars ($300,000), such modification must be approved by the City Council. 11. 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. 12. TERM. Unless terminated sooner as set forth herein, this Agreement shall terminate one (1) year from the date of execution, and shall be renewable annually thereafter for two (2) consecutive one year periods. 13. TERMINATION. This Agreement may be terminated by any party upon Thirty (30) days' written notice, served by mail or personal service, to all other parties. 14. 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. 15. 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 INDEPENDENT CONTRACTOR'S AGREEMENT C: \Users \smontellano \Desktop \K &I SERVICES INC MATERIAL HAULING CONTRACT.docx -- Page 3 of 10 Pages -- 2115117 CC AGENDA PACKET FCC 233 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. 16. 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. 17. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 18. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 19. INSURANCE. 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: 19.1 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: 19.1.1 Provide coverage for owned, non -owned and hired autos. 19.2 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: 19.2.1 Provide contractual liability coverage for the terms of this Agreement. 19.2.2 Provide unlimited products and completed INDEPENDENT CONTRACTOR'S AGREEMENT C: \Users \smontellano \Desktop \K &I SERVICES INC MATERIAL HAULING CONTRACT.docx -- Page 4 of 10 Pages -- 2115117 CC AGENDA PACKET FCC 234 operations coverage. 19.2.3 Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. 19.2.4 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. 19.3 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 volunteers. 19.4 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. 19.5 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. 19.6 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. INDEPENDENT CONTRACTOR'S AGREEMENT C: \Users \smontellano \Desktop \K &I SERVICES INC MATERIAL HAULING CONTRACT.docx -- Page 5 of 10 Pages -- 2115117 CC AGENDA PACKET FCC 2.3.E 19.7 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. 19.8 The CONTRACTOR 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. 19.9 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. 19.10 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. 19.11 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. 19.12 CONTRACTOR shall provide, when required by CITY, performance, labor and material bonds in amounts and in a form suitable to CITY. CITY shall approve in writing all such security instruments prior to commencement of any work under this Agreement. 20. 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. 21. 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 INDEPENDENT CONTRACTOR'S AGREEMENT C: \Users \smontellano \Desktop \K &I SERVICES INC MATERIAL HAULING CONTRACT.docx -- Page 6 of 10 Pages -- 2115117 CC AGENDA PACKET FCC 236 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. 22. 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. 23. 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 CONTRACTOR: K & I SERVICES, INC. 5709 CHESTER W NIMITZ ST. BAKERSFIELD, CA 93304 Telephone: (661) 343 -7856 24. 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. 25. 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. 26. 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 INDEPENDENT CONTRACTOR'S AGREEMENT C: \Users \smontellano \Desktop \K &I SERVICES INC MATERIAL HAULING CONTRACT.docx -- Page 7 of 10 Pages -- 2115117 CC AGENDA PACKET FCC 237 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. 27. 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. 28. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 29. 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 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. 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. 31. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 47- 5623525 CONTRACTOR is a corporation? Yes X No (Please check one.) 32. NON - INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 33. 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. INDEPENDENT CONTRACTOR'S AGREEMENT C: \Users \smontellano \Desktop \K &I SERVICES INC MATERIAL HAULING CONTRACT.docx -- Page 8 of 10 Pages -- 2115117 CC AGENDA PACKET FCC 238 INDEPENDENT CONTRACTOR'S AGREEMENT C: \Users \smontellano \Desktop \K &I SERVICES INC MATERIAL HAULING CONTRACT.docx -- Page 9 of 10 Pages -- -2/1.x/17 CC A EN A PACKET FAG 239 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first -above written. "CITY" CITY OF BAKERSFIELD By: HARVEY L. HALL Mayor APPROVED AS TO CONTENT: PUBLIC WORKS DIRECTOR NICK FIDLER Public Works Director APPROVED AS TO FORM: CITY ATTORNEY JOSHUA H. RUDNICK Deputy City Attorney II Insurance: COUNTERSIGNED: By: NELSON SMITH Finance Director Attachment: Exhibit A "CONTRACTOR" K & 1 SERVICES, INC. By: 1 \19 aa-. Title: INDEPENDENT CONTRACTOR'S AGREEMENT C: \Users \smontellano \Desktop \K &I SERVICES INC MATERIAL HAULING CONTRACT.docx -- Page 10 of 10 Pages -- 2115117 CC AGENDA PACKET FCC 240 ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Consent - Agreements I. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 1/18/2017 111-11 N 03 SUBJECT: Amendment No. 2 to Agreement No. 15-130 with A-C Electric Company ($208,176; revised not to exceed $598,176) for electrical services for the conveyor system project at the Mount Vernon Green Waste Recycling Facility. Staff recommends approval of amendment. BACKGROUND: On September 30, 2016, the City awarded bids for a group of electric conveyors in order to replace various pieces of diesel-powered heavy equipment at the Greenwaste Facility. This conveyor project, which will reduce air pollution, was partially funded through a clean air grant from the Rose Foundation. The conveyor bids included the option of either having the wiring completed by the conveyor manufacturer or completed by the City's local electrical contractor. After staff evaluation, over $100,000 will be saved by having the City's local annual electrical contractor perform the work. The cost for the annual contractor to perform the conveyor system wiring is $208,176. As background, on June 3, 2015, Council awarded a $200,000 annual electrical agreement for the Greenwaste Facility to A-C Electric Company which provided for the contractor to perform electrical repairs and modifications to the electrical system at the Facility. The agreement also provided for four consecutive one-year extensions. On May 18, 2016, Amendment No. 1 to this agreement was approved which extended the term for an additional year and increased the compensation amount by $190,000 for a revised not to exceed amount of $390,000. At the time Amendment No. 1 was approved, the conveyor bids were not yet received. Amendment No. 2 increases the compensation amount by $208,176 to provide for the conveyor wiring work. Upon approval of this proposed amendment, the revised not to exceed amount will be $598,176. Because the conveyor system is considered part of the City's fleet, the entire conveyor system project is budgeted within the Equipment Management Fund. Sufficient funds are budgeted within the Equipment Management Fund to fund this proposed amendment. There is no General Fund impact associated with this amendment. The County of Kern, pursuant to the cost sharing agreement for the Greenwaste Facility, will fund 02115117 CC AGENDA PACKET PG 241 approximately 30% of the annual electrical contract. However, this amendment is funded entirely by the Equipment Management Fund since the County has already paid for their proportionate share of the conveyor wiring project through depreciation charged on the heavy diesel equipment that will be removed from service as part of the conveyor project. ATTACHMENTS: Description D /k ...0 Bectirk-15,130 Type /kgireeirneint 02115117 CC AGENDA PACKET PG 242 AGREEMENT NO. AMENDMENT NO. TWO [21 O AGREEMENT NO. 15 -130 THIS AMENDMENT NO. TWO (2) TO AGREEMENT NO. 15 -130 is made and entered into on , by and between the CITY OF BAKERSFIELD, a charter city and a municipal corporation (referred to herein as "CITY "), and A -C ELECTRIC COMPANY, (referred to herein as "CONTRACTOR "). RECITALS WHEREAS, on June 3, 2015, the CITY and CONTRACTOR entered into Agreement No. 15 -130, wherein CONTRACTOR would provide electrical services at the Mount Vernon Recycling facility; and WHEREAS, on June 3, 2015, the compensation for Agreement No. 15 -130 was not to exceed an annual total of Two Hundred Thousand Dollars ($200,000) with a termination date of June 2, 2016 and renewable annually thereafter for four (4) consecutive one -year periods; and WHEREAS, on May 18, 2016, CITY and CONTRACTOR entered into Agreement No. 15- 130(1), whereby the compensation under the contract was increased by One Hundred Ninety Thousand Dollars ($190,000) in an amount not to exceed a total of Three Hundred Ninety Thousand Dollars ($390,000) with a termination date of June 1, 2017; and WHEREAS, CITY and CONTRACTOR wish to increase the total compensation by Two Hundred Eight Thousand One Hundred Seventy Six Dollars ($208,176) in an amount not to exceed a total of Five Hundred Ninety Eight Thousand One Hundred Seventy Six Dollars ($598,176); and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree to amend Agreement No. 15 -130 as follows: Amendment 2 TO Agreement No. 15 -130 A -C Electric Company S: \FILING \400 CONTS & AGMNTS \Fy_1617\A-C ELECTRIC COMPANY NO. 15- 130(2).doc -- Page 1 of 3 Pages -- 2115117 CC AGENDA PACKET FCC 243 1. Section 2 of Agreement No. 15 -130 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 of Five Hundred Ninety Eight Thousand One Hundred Seventy Six Dollars ($598,176) and is further defined in the proposals attached hereto as Exhibit "A" and incorporated herein by reference. 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. 2. Except as amended herein, all other provisions of Agreement No. 15 -130 as previously amended shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. Two [2] to Agreement No. 15 -130 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor "CONTRACTOR" A -C ELECTRIC COMPANY By: Print Name: Title: Additional Signatures on Following Page Amendment 2 TO Agreement No. 15 -130 A -C Electric Company S: \FILING \400 CONTS & AGMNTS \Fy_1617\A-C ELECTRIC COMPANY NO. 15- 130(2).doc -- Page 2 of 3 Pages -- 2115117 CC AGENDA PACKET FCC 244 APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA H. RUDNICK Deputy City Attorney II COUNTERSIGNED: Insurance: NELSON SMITH Finance Director Attachment: Exhibit "A" Amendment 2 TO Agreement No. 15 -130 A -C Electric Company S: \FILING \400 CONTS & AGMNTS \Fy_1617\A-C ELECTRIC COMPANY NO. 15- 130(2).doc -- Page 3 of 3 Pages -- 2115117 CC AGENDA PACKET FCC 245 ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Consent - Agreements m. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 1/18/2017 WARD: Ward (s) 2, 3 SUBJECT: Amendment No. 2 to Agreement No. 14-069 with TYLin International ($1,586,163; revised not to exceed $5,076,163; funded with 88.53% Federal Funds and 11.47% Gas Tax Funds) for Engineering Design Services for the 24th Street Improvements Project. (TRIP) Staff recommends approval of Amendment to Agreement. BACKGROUND: In May 2014, the City Council approved an agreement with TYLin International for Engineering Design Services for the 24th Street Improvement Project. Upon approval of the original agreement, TYLin began work on the project However, just after the design reached 65% the project was put on hold due to a Petition that was filed by the Citizens against the 24th Street Project. At that time, the court granted an injunction, which resulted in much of the work initially defined within the agreement with TYLin to temporarily cease. The legal challenge resulted in the project effectively being placed on hold for the past 18 months. During this time period, TYLin adjusted its staffing and work efforts because the injunction limited the work TYLin could perform. The injunction prevented activities that would change the environment of the project area; therefore, critical design activities such as underground utility potholing could not be performed. However, TYLin continued to meet and support the City during the injunction period in anticipation of the injunction being lifted at a future time. During this period, TYLin performed additional work not contemplated in the original scope of the agreement, which included: Providing technical support at multiple public outreach meetings and in response to specific design questions from members of the public; Collecting data and preparing exhibits and memos needed to support the City and CalTrans during the legal proceedings; Separating project plans, supporting documentation and studies into two smaller projects which allowed the City and CalTrans to continue work on the section of the project at State 02115117 CC AGENDA PACKET PG 246 Route 99 west of the Kern River without delay; and Developing separate plans for the sound walls within the residential area of the project to allow for expediting the construction of the overall project and to reduce the impacts to the residents along 24th Street during the road widening construction work once the injunction was lifted. In addition, over the past several months, changes unrelated to the legal challenge have evolved that make it necessary to further modify the scope of work of the original agreement. A landscape designer will be added to the TYLin team to ensure the landscape design concepts preferred by the public are incorporated into the project. Furthermore, the California Department Fish and Wildlife (CDFW) recently determined it has jurisdiction over the Carrier Canal which 24th Street crosses over. This new determination resulted in coordination meetings between CDFW and the City's Water Resources Department which culminated in a requirement for TYLin to amend the City's project permit to add the Carrier Canal. Finally, this amendment provides for additional potholing to ensure that the depths and locations of all utilities are identified during design of the project. Utility conflicts found during construction can be very costly and cause significant construction delays, and due to the large amount of underground utilities in the project area, staff believes that additional utility potholing should be performed. This amendment will allow the project design to advance from a 65% level of completeness to 100%, and will also cover costs that TYLin will incur during bidding of construction of the project. Staff recommends approval of this amendment. Adequate funds have been previously budgeted for this design work. Federal funds and Gas Tax provide the funding source for this Amendment; therefore, there is no General Fund impact associated with this Amendment. ATTACHMENTS: Description D TY I 'iin/k,gireeirneint,14 069(2) D TY I � in /kirneindirneintl 4 069(2) Scope D TY I 'iiinhrneindirneint,14 069(2) Fee Type /kgireeirneint BackU IMateir4� BackU IMateir4� 02115117 CC AGENDA PACKET PG 247 AGREEMENT NO. 14 -069 (2) AMENDMENT NO. 2 TO AGREEMENT NO. 14 -069 This AMENDMENT NO. 2 TO AGREEMENT NO. 14 -069 is made and entered into on , by and between the CITY OF BAKERSFIELD, a chartered City and municipal corporation ( "CITY" herein), and T.Y. Lin International, a Corporation, ( "CONSULTANT" herein). R E C I T A L S WHEREAS, on May 7, 2014, CITY and CONSULTANT entered into Agreement No. 14 -069 ( "AGREEMENT" herein), wherein CONSULTANT would provide Design Services for the 24th Street Improvement Project ( "Project" herein) for an amount not to exceed Three Million Four Hundred Ninety Thousand Dollars ($3,490,000.00); and WHEREAS, on May 5, 2016, CITY and CONSULTANT amended this agreement to extend the time for completion and the termination dates due to the legal challenge delays; and WHEREAS, since PROJECT has been delayed for over 18- months due to a legal challenge, CONSULTANT has supported CITY during this time performing out -of -scope work for public out - reach; and WHEREAS, during design additional items were identified that have caused DESIGN CONSULTANT's scope of work to be expanded from that originally contemplated; and WHEREAS, the expansion of DESIGN CONSULTANT's scope of work requires additional effort to be performed by CONSULTANT in order to complete the tasks CONSULTANT has undertaken; and WHEREAS, the parties now desire to enter into Amendment No. Two (2) to Agreement No. 14 -069, to address additional scope of work including landscape design, permit requirements, utility potholing, multiple construction packages, right -of -way support and public out -reach as outlined in Attachment B -1, attached hereto and incorporated herein by this reference. The additional amount for the scope of work will be paid outlined in Attachment C -1, attached hereto and incorporated herein by this reference, not to exceed One Million Page 1 of 4 Pages 02115117 CC AGENDA PACKET FCC 248 Five Hundred Eighty -six Thousand One Hundred Sixty -three Dollars ($1,586,163.00); and WHEREAS, CITY and CONSULTANT now desire to enter into Amendment No. Two (2) to this Agreement for continued Design Services, NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONSULTANT mutually agree as follows: 1. Section 2 of the AGREEMENT entitled "COMPENSATION" is hereby amended to read as follows: 2. COMPENSATION. In exchange for performing the Scope of Work, CITY will pay DESIGN CONSULTANT as follows ( "Compensation "): 2.1 Actual Costs. CITY will reimburse DESIGN CONSULTANT's actual costs (including labor costs, employee benefits, travel, equipment rental costs, overhead and other direct costs) in an amount not to exceed Four Million Six Hundred Eighty -four Thousand Two Hundred Twenty -six Dollars ($4,684,226.00) exclusive of any fixed fee. Actual costs shall not exceed the estimated wage rates, employee benefits, travel, equipment rental, overhead, and other estimated costs set forth in the approved DESIGN CONSULTANT'S Cost Proposal, unless additional reimbursement is provided for by contract amendment. 2.2 Fixed Fee. CITY will pay DESIGN CONSULTANT a fixed fee of Three Hundred Ninety -one Thousand Nine Hundred Thirty -seven Dollars ($391,937.00) on a monthly basis based upon the percentage of the Scope of Work completed. This fixed fee will not be altered unless there is a significant alteration in the scope, complexity, or character of the Scope of Work. The Compensation, including the fixed fee, will not exceed the sum of Five Million Seventy -six Thousand One Hundred Sixty -three Dollars ($5,076,163), and will be the total compensation paid under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY will pay only the Compensation unless otherwise agreed to in writing by the parties. Reimbursement for transportation and subsistence will be paid in accordance with Internal Revenue Services and General Services Administration guidelines and shall not exceed the rates specified in the approved Cost Proposal. Page 2 of 4 Pages 02115117 CC AGENDA PACKET FCC 249 DESIGN CONSULTANT agrees and understands that CITY is relying on reimbursement of a majority of the Compensation from various programs within the SAFETEA -LU Federal Transportation Bill. If at any time during the duration of this Agreement, such reimbursement ceases to be available due to no fault of CITY, CITY reserves the right to terminate this Agreement. 2. Section 5 of the AGREEMENT entitled "TIME FOR COMPLETION" is hereby amended to read as follows: 5. TIME FOR COMPLETION. DESIGN CONSULTANT must complete the Scope of Work by December 31, 2017. 3. Section 6 of the AGREEMENT entitled "TERM AND TERMINATION" is hereby amended to read as follows: 6. TERM AND TERMINATION. This Agreement will terminate on December 31, 2019. Should any claims against CITY or DESIGN CONSULTANT arising out of the Scope of Work be asserted during the term of this Agreement, CITY and DESIGN CONSULTANT may agree to extend the termination date of this Agreement. 6.1. If at any time CITY becomes dissatisfied with DESIGN CONSULTANT's performance under this Agreement, CITY may terminate this Agreement on thirty (30)- calendar days written notice. Written notice must be given pursuant to the "Notices" provision of this Agreement. If there is an early termination, DESIGN CONSULTANT will be compensated only for work satisfactorily completed and delivered to and accepted by CITY up to the date of termination. 6.2. CITY reserves the right to terminate this Agreement for CITY's convenience upon thirty -day written notice to DESIGN CONSULTANT. If the Agreement is terminated for CITY's convenience, DESIGN CONSULTANT will be paid for completed work and for termination costs. 6.3. Termination settlement expenses will be reimbursed in accordance with 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31. Subpart 31. 205 -42 (c) dealing with initial costs is not applicable to architectural and engineering contract terminations. 4. Except as amended herein, all other provisions of Agreement No. 14 -069, as amended, shall remain in full force and effect. Page 3 of 4 Pages 02115117 CC AGENDA PACKET FCC 250 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. Two (2) to Agreement No. 14 -069 to be executed the day and year first above written. "CITY" "DESIGN CONSULTANT" CITY OF BAKERSFIELD T.Y.LIN INTERNATIONAL By: By: KAREN GOH, Mayor Type or Print Name: Title: APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney Insurance: COUNTERSIGNED: By: NELSON SMITH Finance Director Page 4 of 4 Pages 02115117 CC AGENDA PACKET FCC 251 2411 Street Widening Project Amendment #2: Additional PS&E Services Scope of Work 2/2/2017 The following amendment to the scope of services for the 24th Street Widening Project has been requested to provide final design plans, specifications, estimates, and reports. This amendment is required due to changes to the original project scope and additional efforts that were performed at the City's request: • Deflection study and Life Cycle Cost Analysis for areas within Caltrans' jurisdiction. ($49,900) • Hazardous waste disposal and associated costs were required as a result of a contaminated sample encountered during aerially deposited lead sampling. ($500) • Additional survey costs have been incurred due to various project needs, including analyzing 2009 aerial mapping, property /parcel surveys and exhibits, mapping for bike paths and basins. ($26,900) • Additional exhibits, evaluations, and attendance at meetings. ($40,000) • Landscaping and irrigation design that was originally to be completed by others. ($215,000) • Evaluations at various locations within the project limits. ($20,000) • Aerially- deposited lead study for project areas within the City jurisdiction. ($24,900) • Additional potholes were required for the project. ($24,760) • The Carrier Canal design was changed after the Type Selection submittal to utilize a box culvert extension without a drainage diversion. ($10,000) • To allow soundwall design to proceed, general structural details for soundwalls were developed while aesthetic details were evaluated. ($6,500) • Sidewalk concept layouts that were provided by others required modifications in order for them to be utilized for final design and to meet ADA requirements. Original design assumptions related to grading required some modifications based on sidewalk concepts. ($7,500) • City put design efforts on hold September 2015 to October 2016 for legal reasons outside the design team's control. Existing budget continued to be expended on meetings and coordination efforts during the hold period in order to continue efforts relating to various requested analyses, exhibit preparation, right of way analyses, and utility coordination. ($240,000) • City requested evaluations for an additional PS &E package for work within the couplet area (23rd Street /24th Street). The City ultimately decided not to proceed further with this separate package. ($9,600) • Bid package changes ($1,000,000): - A separate bid package will be required for all the work west of the western abutment of the Kern River Bridge (Phase 1), and a second bid package will be completed 02115117 CC AGENDA PACKET FAG 252 of Work— Amendment #2 24' Street PS &E from the Kern River Bridge to the east (Phase 2). Sound walls will be completed as a third bid package. - Driveway modifications on the north side of 24th Street through the residential area. - Two walls are being added at the "S" curve. - Due to potential R/W cost implications, City directed design modifications to eliminate certain temporary construction easements and R/W fee takes. Sidewalk/ADA curb ramp design requires new evaluations and may require revisions. - Separation of soundwall work from remainder of street PS &E required additional coordination to identify areas that may impact residents more than one time. Additional exhibits were required to show the potential conflicts and necessary construction coordination. At the City's direction, the soundwall package will now not include driveway and /or drainage improvements. - All soundwalls /cul -de -sac walls are now considered nonstandard designs based on aesthetic features. • Separate PDT and utility meeting agendas and meeting notes are required for Phases 1 and 2. ($6,000) • Widen the inside of northbound SR -99 exit ramp to 24th Street, to accommodate a future auxiliary lane on SR -99. ($15,000) • Work on the northbound SR -99 exit ramp was removed from the project between the 65% and 95% submittals, which required revisions to all deliverables. The northbound SR -99 auxiliary lane will not be designed or constructed as part of the Phase 1 project. ($45,000) • Prepared supplemental Project Report and Fact Sheet documents due to the separation of the project into two phases /bid packages. ($15,000) • Changes to 24th Street lane configurations after 95% submittal. ($8,000) • Design was changed from a sloped embankment to installing a retaining wall around the AT &T vault at the EZ8 Motel. ($25,000) • Additional permit efforts and environmental /revalidation efforts are required for the project. ($81,000) PHASE 1: PLANS, SPECIAL PROVISIONS AND ESTIMATE 1. Project Management 1.1. Coordination and Meetings Additional coordination and meetings will be required to complete the project. 1.2. Quality Assurance and Quality Control Additional quality assurance and quality control will be required to complete the project. 1.3. Progress Reports and invoices 02115117 CC AGENDA PACKET FAG 253 of Work— Amendment #2 24' Street PS &E Additional progress reports and invoices will be required to complete the project. 1.4. Project Schedule Additional efforts will be required to develop new project schedules for each bid package. 1.5. Work Plan Additional efforts will be required to modify the Project Work Plan to reflect the changes in the scope of work and the multiple bid packages. 5. Engineering and Photogrammetric Surveys 5.2. Design /Field Surveys c. Utility Survey Consultant will survey the location of additional utility potholes performed elsewhere in this scope. Deliverables: Utility Survey d. Boundary Survey Additional boundary survey efforts are required for certain parcels within the project area that are affected by the proposed roadway alignment and widening. Consultant will perform additional boundary research and field survey efforts to accurately locate existing right of way and parcel lines. The final dimensioned boundary geometry will be produced as a deliverable. Deliverables: Boundary Survey e. Supplemental Topographic Mapping Additional efforts will be required for topographic mapping to complete surveys within the project area. Deliverables: Supplemental Topographic Mapping 5.3. Right -of -Way Acquisition Support Additional Right of Way acquisition support will be needed to complete the project. Exhibits would demonstrate R/W impacts, including full and partial takes, and temporary construction easements. It is assumed that up to 25 parcels will require one exhibit each. Deliverables: Right of Way Acquisition Support 5.4. Utilities 5.4.1. Utility Potholing Additional utility potholing will be needed to complete the project. An additional 35 potholes are estimated to be completed at multiple times due to project field scheduling needs. Consultant will locate, by potholing or other approved method, underground utilities to determine the elevations for clearance and to identify conflicts with the proposed improvements. Location by potholing of other non - utility subsurface structures such as structure foundations and drainage structures is not anticipated and is not included in this scope of work. Consultant will perform the necessary field survey to locate the facilities. Consultant will provide traffic control for potholing within and 02115117 CC AGENDA PACKET FAG 254 of Work— Amendment #2 24' Street PS &E adjacent to traveled lanes in accordance with the Caltrans and City encroachment permits. Deliverables: Utility Base Mapping, Utility Pothole Plan, Utility Pothole Report, Utility Impact Exhibits 6. Geotechnical Reports 6.4. Aerially Deposited Lead (ADL)Study (New Subtask) Additional ADL studies are necessary for the non -paved areas in City right of way, which will be disturbed during grading operations associated with the roadway widening. The investigation will consist of performing the required field sampling and chemical testing of the recovered samples, and the preparation of technical studies to document the findings and present opinions regarding the presence of ADL. 6.4.1. Field Investigation • Prepare a Health and Safety Plan for the proposed field work activities including a Dust Mitigation Plan. • Mark out in white paint the proposed ADL sample locations, and call in a 1 -800 USA DIG ALERT a minimum of 72 hours prior to the start of field sampling. • Sample at 20 locations that are approximately spaced 300 feet /or individual property on both the north and south sides of the existing 24th Street. This study will primarily be on the western end of the Project between Oak Street and the 23rd /24th Street couplet as that is where right -of -way is being acquired for the new alignment. • In general accordance with Caltrans specifications, representative soil samples will be collected from a depth of approximately 6, 12, and 24 inches below the ground surface. A total of up to 60 samples will be collected and hand auger sampling equipment will be use to obtain the samples. • All soil samples will be obtained using a hand auger and be decontaminated between collections of each sample. Collected samples will be placed in laboratory- approved containers (Ziploc bags), sealed, properly labeled, and placed in an iced cooler pending transportation to the analytical laboratory under the chain of custody protocols. Trip blank samples will be placed within the iced coolers and also chemically tested for QA/QC purposes. The soil samples will be submitted to a laboratory certified by the State of California Department of Toxic Substances Control (DTSC) for the proposed analyses. The samples will be split in the lab and analyzed for lead using EPA Method 601013. Approximately 10 percent (7) of the samples and any sample exceeding 50 mg /kg of total lead will be tested for Soluble Limit Threshold Concentrations using EPA Method 7420 to better determine the hazardous waste characterization under California Code of Regulations, and if needed for Toxicity Leaching Procedure for characterization under Federal guidelines. • ADL contaminated soil will be properly disposed of at an authorized facility. • The holes will be backfilled with soil cuttings and tamped. 02115117 CC AGENDA PACKET FAG 255 of Work— Amendment #2 6.4.2. Preparation of Technical Studies 24th Street PS &E Consultant will prepare an ADL Technical Study for the City portions of the project, which includes: • A description of field activities, observations, and protocols; • A site map presenting approximate locations of sample collection points. • Tabulated results of soil sample analysis with copies of certified analytical laboratory results. • Description and documentation of QA/QC procedures employed for field and laboratory work. • Statistical analysis of the laboratory results. • Classification of the soil in accordance with Caltrans soil type (x, y1, y2, z2, or z3). • Findings and recommendations for further investigation, if warranted, ADL field work, testing, and analysis will be performed in accordance with Caltrans ADL Guidance dated June 2007. • After review, WRECO will incorporate comments and any additionally required field work/laboratory testing results into the Final ADL Study. Deliverables: Encroachment Permit, Health and Safety Plan, Dust Mitigation Plan, and Sampling Plan, Draft ADL Technical Study (PDF and 3 copies), Final ADL Technical Study (PDF and 5 copies) 6.5. Deflection Study (New Subtask) A deflection analysis will be performed for the work areas within Caltrans' jurisdiction. Field work will consist of performing deflection testing, coring, and a visual condition survey. Deflection testing will be performed in general conformance with California Test Method (CTM) 356. Test intervals will be performed at 100 -foot maximum intervals with a minimum of 10 data points collected in each lane. Coring will be performed to determine the thickness of the existing structural section. Cores will be obtained at locations to be provided in the work plan submitted to Caltrans. A total of 13 cores are anticipated to be required. Native soil will be sampled at 5 locations and will be tested to determine R- values. The visual condition survey will include documentation of the current pavement condition in the areas described above. Photographs will be taken to document the current pavement condition at the time of survey. A report will be prepared to document the analysis and recommendations. The feasibility of placing HMA overlays, milling, or replacement will be evaluated. Recycling and full depth replacement will be provided based on existing structural sections and R -value test results. Two rounds of comments are expected. Deliverables: Draft, Draft Final, and Final Deflection Analysis Report 02115117 CC AGENDA PACKET FAG 256 of Work— Amendment #2 24' Street PS &E 7. Required Permits 7.5. Army Corps Nationwide Permit 14 (404) Additional Army Corps Nationwide Permit 14 (404) permitting will be needed to complete the project. 7.6. California Department of Fish and Wildlife Streambed Alteration Agreement (1602) Additional California Department of Fish and Wildlife Streambed Alteration Agreement (1602) permitting will be needed to complete the project. This work includes additional coordination with CDFW staff concerning a reversal of their previous jurisdictional determination. Deliverables: Revised Permit Application and Section 1602 Streambed Alteration Agreement 7.7. Updated Environmental Commitments Record Additional work is required to update the environmental commitment records to complete the project. This work includes: a) Preparing a Construction Package specific Environmental Commitment Record for Phase 1 b) Update Environmental Commitment Record for full project and review 95% plans and specs to ensure consistency with environmental mitigation /minimization measures and permit requirements. Needed for both Phase 1 and subsequent construction phases. Deliverables: Updated Environmental Commitments Record for 3 separate bid packages 7.8. Metro Bakersfield Habitat Conservation Plan (MBHCP) Exhibits (Delete) This scope is not expected to be required for the 24th Street project. 7.9. Caltrans Encroachment Permit (Deflection Study) (New Subtask) Consultant will coordinate with Caltrans to obtain an encroachment permit to perform the deflection study. Consultant will provide the City of Bakersfield TRIP office with advance notifications regarding field work. No meetings are included. Deliverables: Caltrans Encroachment Permit Application 7.10. Caltrans Encroachment Permit (ADL Study) (New Subtask) Consultant will coordinate with Caltrans to obtain an encroachment permit to perform the ADL study. Consultant will provide the City of Bakersfield TRIP office with advance notifications regarding field work. No meetings are included. Deliverables: Caltrans Encroachment Permit Application 7.11. Environmental Revalidation (New Subtask) The NEPA Revalidation for Phase 1 will be completed by Caltrans, including any supporting technical memoranda and /or Paleontological Mitigation Plan. Consultant will prepare documents for Caltrans' revalidation of the project environmental documents for Phase 2 and the sound wall package. 02115117 CC AGENDA PACKET FAG 257 of Work— Amendment #2 24' Street PS &E a) NEPA Revalidation for Phase 2 — Caltrans approval (scope assumes no change in environmental study area) b) Various technical memoranda to update environmental technical studies supporting NEPA Revalidation for Phase 2, assuming no change in the environmental study area. A Paleontological Mitigation Plan will be included. Deliverables: NEPA Revalidation Documents, Memos 8. Engineering Studies 8.1. Drainage Report Additional drainage report work will be required to complete the project. Additional work includes: 1. Team coordination and task management 2. Phase 1 (Caltrans) Final PS &E a. Addressing Caltrans comments on 95% Phase 1 PS &E b. Update Quantities c. Update Estimate d. Update Specifications e. QA/QC 3. Phase 2 (City Phase) Complete the 95% PS &E a. Update the previous plan set, estimate, and specs to only include the City portion b. Make adjustments due to geometric and project phasing changes c. Complete 95% quantities, estimate, and specifications for City phase only d. QA/QC 4. Ensure most current standards and requirements (ADA, Standard Plans & Specifications) are met 5. Check proposed drainage and pole locations against any potholing information received. 6. Preparation of Phase 1 Drainage Report 7. Update the City Phase Drainage Report & Water Quality Report No drainage improvements are expected to be provided for the soundwall package and are not included in this scope of work. Deliverables: Draft and Final Drainage Reports for Phase 1 and Phase 2 8.2. Storm Water Data Report Additional storm water data report efforts will be required to complete the project. This work includes preparation of the Phase 1 Draft and Final SWDR. Deliverables: Draft and Final Phase 1 Storm Water Data Report 02115117 CC A EN A PACKET FAG 258 of Work— Amendment #2 8.3. City Water Quality Report 24' Street PS &E Additional city water quality report work will be required to complete the project. Deliverables: Draft and Final Phase 2 Water Quality Report 8.4. Special Provisions Additional special provisions work will be required to complete the project. This includes preparing three separate sets of special provisions, one for each bid package. Additionally, the City's front end specifications will need to be evaluated for changes to be consistent with Caltrans 2015 standard specifications. Deliverables: Special Provisions 8.5. Construction CPM Schedule Additional construction CPM schedule work will be needed to complete the project to separate the project into separate bid packages. Deliverables: Construction CPM Schedule 8.6. Transportation Management Plan Additional Transportation Management Plan work is required to complete the project to separate the project into different bid packages. Deliverables: Transportation Management Plans 8.7. Utility Relocations Additional utility relocation coordination efforts will be required to complete the project. 8.8. Landscape and Irrigation Design Consultant services will include project landscaping and irrigation conceptual and final design services for Phase 2. Conceptual Phase • Create conceptual planting plans following the approved design guidelines for the 24th Street corridor created by others. Meet with stakeholders and generate a list of plan shortcomings. Develop and present solutions for problems for approval. Present plan updates with color photographs of plant palette. • Provide construction estimate updated to reflect plan changes. • Workshop — Conduct 3 workshops in Bakersfield for City staff to define refinements to landscape plans. 30% Plans • Procure as -built information from City and State for the project site. Verify City irrigation guidelines. Field verify utility and existing landscape features, including off -site residential properties where accessible within the project limits and document. Include safety set back and sight distance limits with package for Caltrans to verify within State right of way. 02115117 CC AGENDA PACKET FAG 259 of Work— Amendment #2 • Develop planting and layout plans. 24' Street PS &E • Begin utility coordination of water meters and electrical service for irrigation controllers. • Submit and correct plans from Inter - disciplinary review prior to agency submittal. 65% Plans • Respond to and update plans to address 30% review comments. Use comment response matrix to document design decisions. • Develop irrigation plans as a reflection of the approved planting in accordance with City guidelines. • Verify utility services for irrigation system. Begin construction estimate and specification outline. 95% Plans • Respond to and update plans and estimate to address 65% review comments. Use comment response matrix to document design decisions. • Develop planting and irrigation construction documents to 95% complete level. Update and expand Engineers estimate. • Edit specifications in Caltrans 2015 format reflecting the work proposed within the City and State right of way. • Finalize utility size and locations. • Finalize /field verify replacement landscape and irrigation for adjacent residences. • Submit and correct plans from Inter - disciplinary review prior to agency submittal. • Participate in constructability review meeting at Caltrans District 6 offices. • Perform calculations required by the City /State per Model Water Efficient Landscape Ordinance (MWELO). 100% Plans • Respond to and update plans, specifications and estimate to accommodate 95% review comments. Use comment response matrix to document design decisions. • Develop planting and irrigation construction documents to 100% complete level. Update Engineers estimate. • Edit specifications reflecting the work proposed within the City and State right of way. • Finalize /field verify replacement landscape and irrigation for adjacent residences. • Update plans from Inter - disciplinary review prior to agency submittal. • Update calculations required by the City /State per Model Water Efficient Landscape Ordinance (MWELO). • Perform 100% QA/QC on plans, specifications and estimate. f °�IIIIIV11 Cm�IIAI 1�J101 ��� 9 02115117 CC AGENDA PACKET FAG 260 of Work— Amendment #2 24' Street PS &E Deliverables: PS&E construction documents, Specifications, Comment Response Matrix, MWELO documents 8.9. Sound Wall Verification Study Supplemental Noise Studies prepared by others will be reviewed, and findings incorporated into the final design package(s) as directed by the City. Coordination with others will be made to provide consistency between final design and additional noise analyses. 8.10. Life Cycle Cost Analysis (New Subtask) A Life Cycle Cost Analysis (LCCA) has been requested to be performed for the project limits within Caltrans' jurisdiction. A LCCA was not performed during the PID or PA/ED phases. The LCCA will be prepared in accordance with Caltrans' Life Cycle Cost Analysis Manual. The LCCA will be performed for the areas within Caltrans' jurisdiction. A report will be prepared to document the analysis and results. It is expected that the traffic data provided by Caltrans in October 2014 will be utilized for the LCCA. The Draft LCCA will be prepared prior to the 95% submittal based on the pavement studies completed and submitted to Caltrans with the 65% submittal. Two rounds of comments are expected on the LCCA. Deliverables: Draft, Draft Final, and Final Life Cycle Cost Analysis Reports 9. Roadway Design Additional roadway design work will be required to complete the project as three separate bid packages. 9.2. 95% Roadway PS&E Additional 95% roadway efforts will be required to complete the project as three separate bid packages. New sheets will be required for bid packages in some cases, in order for them to serve as stand -alone PS &Es for construction. Additionally, the sound wall bid package will require analyses at each property to determine what roadway improvements can feasibly be completed to provide least impacts while balancing costs. Temporary electrical plans will be provided once construction staging is finalized. Intersection grid details are anticipated to be needed for 22 intersections within the couplet area. Phase 1 final roadway design efforts, including plans, specifications, estimates, and reports, will be completed by Caltrans after Consultant incorporates 95% comments. No reports will be finalized and no new reports or significant design changes will be initiated, other than the requested change in bike lane width on westbound 24th Street approaching Buck Owens Drive. No drainage or other roadway improvements are included in this scope of work related to the walls on the south side of 24th Street at each cul -de -sac in the residential area. 9.3. Final Roadway PS&E Additional final roadway PS &E efforts will be required to complete the project due to multiple bid packages. 10 02115117 CC A EN A PACKET FAG 261 of Work— Amendment #2 10. Structures Design 24' Street PS &E Additional structures design will be required to complete the project. A soundwall design task has been added due to the new soundwall aesthetic treatments which cause the walls to no longer be a standard plan item. Additional work is required for the Carrier Canal improvements due to the change from a slab bridge to a box culvert extension. 10.1. Unchecked Details Submittal (65 %) The Carrier Canal Culvert will be changed to be designed as a box culvert extension, instead of a slab bridge, as directed by the City. This will require new sheet plans and new calculations. Deliverables: Unchecked Details Submittal 10.2. Initial PS&E Design (90 %), Intermediate (95 %) and Final PS&E Submittal (100 %) Additional Initial PS &E design (90 %), intermediate (95 %) and final PS &E submittal efforts will be required to complete the Carrier Canal improvements due to the change from a slab bridge to a box culvert extension. Deliverables: Initial, Intermediate and Final PS&E Submittals 10.5. Structure Design Plans (payment included in other items) Additional structures design plans work will be required to complete the project. 10.6. Design Calculations (payment included in other items) Additional design calculations will be required to complete the project. 10.7. Non - Standard Wall Design (New Subtask) Consultant will provide one design for a typical 12' high non - standard soundwall suitable for all walls. Design of twelve 12 -foot high non - standard soundwalls for the north side of 241h Street are included in this scope of work. Two new walls will also be provided on the south side of 24th Street in the S -curve area. Additional 6 -foot high block walls at the end of each cul -de -sac on the south side of 24th Street will also be designed, and it is expected that these will all match the aesthetics of the walls on the north side of 24th Street, and as a result, will be considered nonstandard walls. 95% and 100% PS &E submittal packages will be provided. No additional geotechnical information is expected to be required for these walls, and is therefore not included in this scope of work. 11. Bid Support Services Additional bid support services will be required to complete the project due to multiple bid packages and changes to design elements. 11 02115117 CC A EN A PACKET FAG 262 of Work— Amendment #2 ASSUMPTIONS 24' Street PS &E • It is understood that the City desires the design cost for this project be as low as possible. As a result, the fee proposal was prepared under the assumption of a minimum effort required to meet the basic appropriate design standards. There is no contingency built into the Consultant's proposal. This scope of work constitutes our current understanding of the project. Other tasks not specifically addressed in this proposal are excluded, but can be negotiated if desired. Certain assumptions have been made in preparing the scope of work and fee estimate. To the extent possible, they are stated herein and are reflected in the estimated fees. If unanticipated conditions occur during design, it is anticipated that Consultant and City will revise the scope, schedule, and budget accordingly. • Existing design drawings, "as- built" drawings, design plans, reports and specifications for planned, existing, adjacent and affected facilities will be made available to Consultant by City and Caltrans. The Consultant and the City assume that the information provided on these documents are accurate for the continuation of the design process. • Existing geotechnical engineering reports prepared either for the existing facilities or specifically for the project will be furnished for Consultant's use in preparing the plans and specifications. Consultant will coordinate with the geotechnical engineer as appropriate regarding the technical findings and recommendations. • Any existing utilities, which must be crossed for construction, will be assumed to be structurally competent unless Consultant is directed otherwise by the City. No local system improvements or replacements or repairs to any other utility are included. Design of other utility relocations not specifically listed herein is not included in the fee. • Within reason National, State and Local Standards referenced in the contract plans and specifications will be those issued, approved and printed as of the date of this proposal. • PS &E Submittals will be on '/2 size sheets (11 x17) unless otherwise specified. • Adequate utility and property records are available, and will be furnished by City or the utility owner /operators. Consultant cannot be held liable for consequences arising from the discovery during construction of undocumented buried utilities or facilities whose conditions do not correspond with record /as -built information, outside of areas where those facilities are positively identified. • Application for, processing, payment of any fees associated with, and obtaining any regulatory permits applicable for this project is excluded unless specifically included in Consultant's scope and budget. • Material availability studies are not a part of this scope of work unless specifically stated otherwise. • City, and Caltrans will review and comment on draft documents within the assumed review periods listed in the project schedule after approval of the project schedule. Consultant will not be responsible for the effect of review period delays on the project schedule. • Unless specifically stated otherwise, reproduction of bid documents will be by City. • Additional construction support efforts will be required due to multiple bid packages, and will be addressed in a separate amendment. f °�IIIIIV11 Cm�IIAI I�JI ��� 12 02115117 CC AGENDA PACKET FAG 263 of Work—Amendment #2 24' Street PS&E 13 02115117 CC AGENDA PACKET PG 264 Date: City of Bakersfield Reference: Project Name: Firm: Labor Name /Classification Karen Chapman, Project Manager Steve 011o, Deputy PM/ Tech Mgr. Eric Johnson, Project Engineer- Roadway; QC Nathan Cope, Project Engineer- Roadway Albert Pan, Project Engineer- Roadway Christina Diaz, Transportation Engineer Jacob Vu, Associate Engineer Patrick Druliner, Associate Engineer Mick Bartholomew, Constructability Review Jeremy LaHaye, Project Engineer- Structures Dina Tobia, Structures Design Ivan Martin, Roadway Cad Oscar Colcol, Structures Cad Project Administrator Multipliers Direct Costs Item of Cost Other Direct Costs Dokken Wreco Cannon DesignLab252 Fixed Fee 2/1/2017 TRRH32 PS &E for 24th Street Improvements Project; Amendment #2 T.Y. Lin International Estimated Cost to Complete Amendment #2 Hours Avg. Raw Rate Total 523 $97.34 $50,909 625 $71.50 $44,688 1140 $68.29 $77,851 392 $70.68 $27,707 384 $67.00 $25,728 1340 $42.02 $56,307 842 $28.85 $24,292 280 $30.29 $8,481 148 $84.30 $12,476 128 $72.10 $9,229 436 $38.85 $16,939 763 $36.83 $28,101 630 $41.03 $25,849 260 $40.98 $10,655 Total Hours: 7891 Total Direct Labor: $419,210 OVERHEAD: 153.34% $642,821 Total Multipliers: $642,821 10.00% (of labor and multipliers) Estimated Total $61,154 $147,860 $29,214 $21,900 $157,801 Total Direct Costs: $417,929 Total Fees: Total Cost: $106,203 $106,203 $1,586,163 02115117 CC AGENDA PACKET FAG 26.E CC x P 2 g 02115117 CC AGENDA PACKET PG 267 Ww mOm O 2 n w w 0 0 LL2�— M q-, 02115117 CC AGENDA PACKET PG 267 Ww mOm O 2 n w w 0 0 LL2�— 02115117 CC AGENDA PACKET PG 267 ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Consent - Agreements n. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 1/30/2017 &1[11 1.1 SUBJECT: Amendment No. 2 to Agreement No. 14-078 with RRM Design Group ($27,900; revised not to exceed $590,322.50 and extend term one year) for design services of the Bakersfield Sports Village Phase 3. STAFF RECOMMENDATION: Staff recommends approval of Amendment. BACKGROUND: The Bakersfield Sports Village Project is located on a 220-acre site on the north side of Taft Highway between Gosford Road and Ashe Road. Improvements for Phases 1 and 2 of the Sports Village are complete. Amenities for these two phases include soccer fields, lighting, concession stands, parking, roadways and underground utilities. Phase 3 of the Sports Village Project was advertised for construction bids in Fall of 2015; however, bids came in over the engineer's estimate and exceeded available funding. On December 9, 2015 City Council approved staff's recommendation to reject bids and reevaluate the project details in order to reduce construction costs to meet available funding. Staff completed review of the project and identified several items which would be performed with City staff and annual contractors at a reduced cost. Staff also worked with RRM Design Group to redesign elements of the park and repackaged the project into multiple construction packages. RRM Design Group made the requested changes and prepared five separate construction packages which were awarded over the course of Spring/Summer 2016. One of those design modifications eliminated the Principle Soccer Field and associated amenities due to its costs. However, by breaking up the project into five (5) distinct packages and other value engineering items, Staff has realized enough savings that the Principle Soccer Field can now be constructed within the current construction budget. Amendment No. 1 was entered into on May 18, 2016, which included an increase in compensation and extending the term of the agreement by one year. Amendment No. 1 allowed staff to break the project into five (5) distinct bid packages as mentioned above. Amendment No. 2 will also include an increase in compensation and extension of the term of the agreement by 02115117 CC AGENDA PACKET PG 268 one year. This will allow staff to build out the final piece of Phase 3, which is the Principle Soccer Field. Staff is currently working with RRM Design Group to develop the final bid package for Phase 3 that would construct the Principle Soccer Field and associated amenities. These design modifications and additional construction packages have increased RRM Design Group's scope of work. RRM Design Group has provided a proposal for this additional work in the amount of $27,900. Since these design modifications required additional time, there is a need to extend the term of the agreement to ensure all work elements for this project are completed. Staff recommends increasing the Agreement by an additional $27,900 for a revised not to exceed amount of $590,322.50. The current term of the Agreement will expire on December 31, 2017; therefore, approval of this proposed Amendment will extend the term of the Agreement to December 31, 2018. Sufficient funds are budgeted to fund this proposed Amendment. The funding sources for this project include Capital Outlay and Park Development Funds, including West Ming Regional park fees. ATTACHMENTS: Description Type D Arneind rnent No 2 to /kg reeirnent No 14 0 7 (13 /kgireeirneint D ExhbUk ExhNt 02115117 CC AGENDA PACKET PG 269 AGREEMENT NO. AMENDMENT NO. TWO TO AGREEMENT NO. 14 -078 THIS AMENDMENT NO. TWO TO AGREEMENT NO. 14 -078 is made and entered into on , by and between the CITY OF BAKERSFIELD, a charter city and a municipal corporation (referred to herein as "CITY "), and RRM DESIGN GROUP, a California corporation (referred to herein as "DESIGN CONSULTANT "). RECITALS WHEREAS, on May 21, 2014, CITY and DESIGN CONSULTANT entered into Agreement No. 14 -078, wherein DESIGN CONSULTANT agreed to provide design services for Sports Village Phase III; and WHEREAS, on May 18, 2016, CITY and DESIGN CONSULTANT entered into Amendment No. 1 to Agreement No. 14 -078, wherein CITY and DESIGN CONSULTANT agreed to increase the COMPENSATION and to extend the TERM for Sports Village Phase III to allow for completion of the project; and WHEREAS, CITY and DESIGN CONSULTANT desire to further extend the term of Agreement No. 14 -078 to December 31, 2018 to allow time for the completion of the project, including the Principle Soccer Field and associated amenities; and WHEREAS, this additional scope of work requires an increase in the compensation amount by $27,900 (See Exhibit A). NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and DESIGN CONSULTANT mutually agree to amend Agreement No. 14 -078 as follows: 1. Section 2 of Agreement No. 14 -078 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 of Five Hundred Ninety Thousand Three Hundred Twenty Two Dollars and Fifty Cents ($590,322.50) which shall be paid as follows: Project Management and Meetings (fixed fee): $33,500.00 AMENDMENT TO AGREEMENT S:\ PROJECTS \2013 - 2014 \P4C131 - Sports Village Phase III \Consultant Agreement \RRM Design Group \Amendment No. 2\Amendment No.2 to 14- 078.doc - January 3, 2006 -- Page 1 of 3 Pages -- 2115117 CC AGENDA PACKET FCC 270 Preliminary Phase (fixed fee): $84,210.00 City Construction Package (fixed fee): $186,000.00 Public Bid Package (fixed fee): $187,112.50 Bidding Phase (T &M, not -to- exceed fee): $14,000.00 Construction Phase (T &M, not -to- exceed fee): $73,700.00 Reimbursable Expenses (T &M, not -to- exceed fee): $11,800.00 Total: $590,322.50 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. 2. Section 17 of Agreement No. 14 -078 entitled "Term" is hereby amended to read as follows: 17. TERM. Unless terminated sooner as set forth herein, this Agreement shall terminate on December 31, 2018. 3. Except as amended herein, all other provisions of Agreement No. 14 -078, as amended, shall remain in full force and effect. AMENDMENT TO AGREEMENT S:\ PROJECTS \2013 - 2014 \P4C131 - Sports Village Phase III \Consultant Agreement \RRM Design Group \Amendment No. 2\Amendment No.2 to 14- 078.doc - January 3, 2006 -- Page 2 of 3 Pages -- 2115117 CC AGENDA PACKET FCC 271 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. Two to Agreement No. 14 -078 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD KAREN GOH Mayor APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney II Insurance: COUNTERSIGNED: By: NELSON SMITH Finance Director LIN Title: "DESIGN CONSULTANT" RRM DESIGN GROUP AMENDMENT TO AGREEMENT S:\ PROJECTS \2013 - 2014 \P4C131 - Sports Village Phase III \Consultant Agreement \RRM Design Group \Amendment No. 2\Amendment No.2 to 14- 078.doc - January 3, 2006 -- Page 3 of 3 Pages -- 2115117 CC AGENDA PACKET FCC 272 Ey tt; � 6,4_ �it ADD. SERVICE AUTHORIZATION Cl'ienit: City of Bakersfield Project Name: Sports Village Phase III Work Requested by: Navdip Grewal Date: February 3, 2017 Task ID Number: .1 F.1, F.2, F.3, G. I Project Number: 1313066 Request Received by: Lief McKay Date Received: January 30, 21017 Method; El Letter F1 Email authorization attached to parties 0 Client authorization required rl Included in contract, authorization not required 11 Other- Fee Type(s)- N Fixed Fee ,,,,,u Time & Materials (T&M) - Hourly El Time & Materials/Not to Exceed I] Time & Materials (T&MI) - Hourly (T&M/NTE), ,'ooMW, 0 ,", WORK 1'0 BE PERF"OFZMED RRM Design Group, a California Corporation ("RRM Design Group"'), has entered into an agreement with the City of Bakersfield (the "'Client") dated Maxil-ZO 14 (the "Prime Agreement") for the project: Bakersfield Spgrts V&agg_FbUe III (the "'Project"), Additional Services Authorized by the Client are subject to the Terms and Conditions of the Prime Agreement. Taisk G.01: Soccer Field Bid-Ready P'SE' Pucka ige RRM's team will prepare a public bid document package for the Championship Soccer Field located north of Play Fair Drive. This task will involve reformatting and repackaging the existing design plans — landscape, civil, and electrical - and technical specifications to only include relevant information the project area. We will update the base file with relevant as-built information from the current construction project, 02115117 CC AGENDA PACKET PG 273 We assume that this task will not involve redesign of the project other than revisions that need to be made based on as-built modifications to the current construction project (such as water service). Deliverables. • Construction Drawings, Technical Specifications, Construction Cost Estimate, Fixed Fee: 0 $14,9'00 (see footnote A), Tasks E &_ F: SY221emental Construction S,uRRort Because the soccer field will not be performed concurrently with the existing construction, this task provides additional budget for Bidding Assistance, Construction Support, and Construction Observation tasks, For tasks descriptions, refer to original agreement. Defiverables: 0 Bidding Assistance, Construction Support, and Construction Observation as described in original agreement Task E 0 1 Fixed Fee: $1,500 (see footnote A) Task F.01 Fixed Fee: $4,500 (see footnote A) Task F.0,2 Fixed Fee. $5,500 (see footnote A) Task F.03 Fixed' Fee: $1,5100 (see footnote A) 02115117 CC AGENDA PACKET PG 274 Fee Footnotes A. Fixed fee tasks will be billed as the work progresses until the task is completed and the total amount stated in the contract for the task is invoiced. Estimated RRM Additional Service Fees: $ 27,9Q0M Estimated Other Additional Fees: $ - Total Estimated Additional Fees $,27,900.00 Any work outside the scope of the original agreement between IRRM Design Group and the Client and authorized by Client, is subject to the Terms and Conditions of the Prime Agreement. A0011,0RU,�.,,�4.'riON i ,"IROCEED BY M. Print Name, Title inldahlfgi� kcation MR 02115117 CC AGENDA PACKET PG 275� ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Consent - Agreements o. TO: Honorable Mayor and City Council FROM: Nelson K Smith, Finance Director DATE: 2/1/2017 111-11 V 03 SUBJECT: Amendment No. 2 to Agreement No. 15-036 with San Joaquin Fence and Supply (extend term one year) for the continued supply of fencing. STAFF RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On February 11, 2015, Council approved the annual contract for the supply of fencing with San Joaquin Fence and Supply, in the amount of $697,790.75; renewable annually thereafter for four consecutive one-year periods. On March 2, 2016, Council approved Amendment No. 1, extending the term one year. Currently there is $300,000 available on this contract. If approved, Amendment No. 2 would extend the term one year; additional funds are not required at this time to meet the City's needs for the next year. Funds are budgeted in a variety of sources including General Fund, Refuse, Water Resources, and Park Improvement Funds. Approval of this amendment will allow the City to continue to meet the fencing needs for various departments. ATTACHMENTS: Description D Arneind rnent No 2 to /kGM'F 1 5 036 Type /kgireeirneint 02115117 CC AGENDA PACKET PG 276 AGREEMENT NO. 15 -036 (2) AMENDMENT NO. [2] TO AGREEMENT NO. 15 -036 THIS AMENDMENT NO. 2 TO AGREEMENT NO. 15 -036 is made and entered into on , by and between the City of Bakersfield, a municipal corporation (referred to herein as "CITY "), and San Joaquin Fence & Supply (referred to herein as "CONTRACTOR "). RECITALS WHEREAS, on the February 11, 2015, the CITY and CONTRACTOR have entered into Agreement No. 15 -036; and WHEREAS, on March 2, 2016, Council approved Amendment No. 1 extending the contract term one year; to allow continuance of providing supply of fencing; and WHEREAS, the parties desire to amend Agreement No. 15 -036 to extend the agreement term one year; to allow continuance of providing supply of fencing; and WHEREAS, CITY and CONTRACTOR have agreed to extend the agreement one year to allow continuance of providing tree trimming service; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 12 of Agreement No. 15 -036 entitled "TERM" is hereby amended to read as follows: 12. TERM. Unless terminated sooner, as set forth herein, CONTRACTOR shall provide services for an additional one (1) year term. The agreement shall be renewable for two consecutive one -year periods at the City's option and upon mutually agreeable terms. 2. Except as amended herein, all provisions of Agreement No. 15 -036 shall remain in full force and effect. -- Page 1 of 2 Pages -- 02115117 CC AGENDA PACKET FCC 277 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. 15 -036 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD KAREN GOH Mayor APPROVED AS TO CONTENT: FINANCE DEPARTMENT SANDRA JIMENEZ Assistant Finance Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JOSHUA H. RUDNICK Deputy City Attorney COUNTERSIGNED: NELSON SMITH Finance Director "CONTRACTOR" SAN JOAQUIN FENCE & SUPPLY in Print Name: Title: Insurance Approved by Risk Management: -- Page 2 of 2 Pages -- 02115117 CC AGENDA PACKET FCC 278 ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Consent - Agreements p. TO: Honorable Mayor and City Council FROM: Nelson K Smith, Finance Director DATE: 2/1/2017 111-11 V 03 SUBJECT: Amendment No. 1 to Agreement No. 15-057 with Stinson Stationers, Inc. ($375,000 and extend term one year) for the continued supply of office supplies. STAFF RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On March 4, 2015, Council approved the contract for supply of office supplies with Stinson Stationers Inc., for a two year per period; renewable annually thereafter for three consecutive one-year periods. Currently there is $80,000 available on this contract. If approved, Amendment No. 1 would extend the term one year and increase compensation $375,000, for a revised not to exceed amount of $1,075,000. Funds are budgeted in a variety of sources including General Fund and Enterprise Funds in the various departments operating budgets. Approval of this amendment will allow the City to continue to meet the office supply needs for various departments. ATTACHMENTS: Description D Arneind rnent No 1 to /kGWI-1 5 ...057 Type /kgireeirneint 02115117 CC AGENDA PACKET PG 279 AGREEMENT NO. 15 -057 (1) AMENDMENT NO. [1] TO AGREEMENT NO. 15 -057 THIS AMENDMENT NO. 1 TO AGREEMENT NO. 15 -057 is made and entered into on , by and between the City of Bakersfield, a municipal corporation (referred to herein as "CITY "), and Stinson Stationers, Inc. (referred to herein as "CONTRACTOR "). RECITALS WHEREAS, on the March 4, 2015, the CITY and CONTRACTOR have entered into Agreement No. 15 -057; and WHEREAS, the parties desire to amend Agreement No. 15 -057 to extend the agreement term one year and increase compensation THREE HUNDRED SEVENTY -FIVE THOUSAND AND NO /100's ($375,000); to allow continuance of providing office supplies; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 2 of Agreement No. 15 -057 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 ONE MILLION SEVENTY -FIVE THOUSAND DOLLARS ($1,075,000) 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. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. 2. Section 12 of Agreement No. 15 -057 entitled "TERM" is hereby amended to read as follows: 12. TERM. Unless terminated sooner, as set forth herein, CONTRACTOR shall provide services for an additional one (1) year term. The agreement shall be renewable for two consecutive one -year periods at the City's option and upon mutually agreeable terms. -- Page 1 of 3 Pages -- 02115117 CC AGENDA PACKET FCC 280 3. Except as amended herein, all provisions of Agreement No. 15 -057 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. 15 -057 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO CONTENT: FINANCE DEPARTMENT SANDRA JIMENEZ Assistant Finance Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: JOSHUA H. RUDNICK Deputy City Attorney "CONTRACTOR" STINSON STATIONERS, INC. By: Print Name: Title: -- Page 2 of 3 Pages -- 02115117 CC AGENDA PACKET FCC 281 COUNTERSIGNED: NELSON SMITH Finance Director Insurance Approved by Risk Management: -- Page 3 of 3 Pages -- 02115117 CC AGENDA PACKET FCC 282 ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Consent - Agreements q. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 2/1/2017 111-11 V 03 SUBJECT: Amendment No. 2 to Agreement No. 15-185 with Kern Sprinkler Landscaping Inc. (increase compensation $120,000) for the continued supply of on-call irrigation and landscape services. STAFF RECOMMENDATION: Staff recommends approval of amendment. BACKGROUND: On July 22, 2015, Council approved an annual contract for the on-call irrigation and landscaping service with Kern Sprinkler Landscaping Inc., in the amount of $600,000; renewable annually thereafter for four consecutive one-year periods. On May 18, 2016, Council approved Amendment No. 1 extending the term one year and increasing compensation $400,000. Currently there is $90,000 available on this contract. Additional funding is required to complete work associated with the Compost Automation Project. This project is currently underway and is being implemented to reduce air emissions and water consumption at the City's greenwaste facility. If approved, Amendment No. 2 will add $120,000 for a revised not to exceed amount of $1,120,000. Funds are budgeted in the Refuse Enterprise Fund operating budget for this service. ATTACHMENTS: Description D Amendment No 2 to /kGWI-1 5 ...'t 85 Type /kgireeirneint 02115117 CC AGENDA PACKET PG 283 AGREEMENT NO. 15 -185 (2) AMENDMENT NO. [2] TO AGREEMENT NO. 15 -185 THIS AMENDMENT NO. 2 TO AGREEMENT NO. 15 -185 is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation (referred to herein as "CITY "), and KERN SPRINKLER LANDSCAPING, INC. (referred to herein as "CONTRACTOR "). RECITALS WHEREAS, on the 22nd of July 2015, the CITY and CONTRACTOR have entered into Agreement No. 15 -185; and WHEREAS, on May 18, 2016, Council approved Amendment No. 1 extending the contract term one year and increasing FOUR HUNDRED THOUSAND DOLLARS ($400,000); to allow continuance of providing on -call irrigation & landscape service; and WHEREAS, the parties desire to amend Agreement No. 15 -185 to extend the increase compensation ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000); to allow continuance of providing on -call irrigation & landscape service; and WHEREAS, CITY and CONTRACTOR have agreed to extend the agreement now, increase compensation ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000); to allow continuance of providing on -call irrigation & landscape service; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. Section 2 of Agreement No. 15 -185 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 ONE MILLION ONE HUNDRED TWENTY THOUSAND DOLLARS ($1,120,000) 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 -- 02115117 CC AGENDA PACKET FCC 284 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. 15 -185 shall remain in full force and effect. •e• IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. 15 -185 to be executed the day and year first above written. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD KERN SPRINKLER LANDSCAPING, INCORPORATED KAREN GOH Mayor APPROVED AS TO CONTENT: FINANCE DEPARTMENT SANDRA JIMENEZ Assistant Finance Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: in Print Name: Title: -- Page 2 of 3 Pages -- 02115117 CC AGENDA PACKET FCC 285 JOSHUA H. RUDNICK Deputy City Attorney COUNTERSIGNED: NELSON SMITH Finance Director Insurance Approved by Risk Management: -- Page 3 of 3 Pages -- 02115117 CC AGENDA PACKET FCC 286 ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Consent - Agreements r. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 1/27/2017 WARD: Ward (s) 3, 4 SUBJECT: Rosedale Highway Widening Project (TRIP): 1. Contract Change Order Nos. 98 and 99 to Agreement No. 15-009 with Teichert Construction ($115,805.64; revised not to exceed $19,095,734.75; Change Orders funded with Gas Tax Funds) for construction of said project. 2. Transfer $116,000.00 savings from the PG&E Tower Relocation on Westside Parkway Project to the Rosedale Highway Widening project to fund change orders. STAFF RECOMMENDATION: Staff recommends approval of contract change orders and transfer. BACKGROUND: The Rosedale Highway Widening Project includes the construction of two additional lanes (one in each direction) along State Route 58 (Rosedale Highway) from Calloway Drive to 700-feet east of Gibson Street. The project also includes the installation of a 16-inch water main pipeline extension from Mohawk Street to Wedding Lane along the south side of Rosedale Highway. The portion of Rosedale Highway from the east project limits, near Gibson Street, west to Mohawk Street is within Caltrans right-of-way. The portion of Rosedale Highway from Mohawk Street to the west project limits at Calloway Drive is within City and Kern County right-of-way. Contract Change Order No. 98 provides for the removal of asphalt, as well as excavation and grading to allow the installation of approximately 367 feet of new curb and gutter and three new driveways along the south side of Rosedale Highway west of Wear Street. The project plans show this area to have existing curb and gutter, but during construction it was found that this area only had an existing asphalt curb and no concrete gutter. The Engineer directed that this asphalt curb be removed and that new curb and gutter and driveways be installed in its place to match the surrounding improvements and to improve the drainage along this segment of the roadway. The Contractor has agreed to accept a sum of $29,257.73 as full compensation for this work. Contract Change Order No. 99 provides for the adjustment of compensation for various items of 02115117 CC AGENDA PACKET PG 287 work during the course of the project. During the project construction, several unknown and unmarked existing utilities not shown on the plans were encountered. These unknown and unmarked utilities required additional potholing work to determine their exact locations and limits within the various areas to ensure that they would not conflict with the new construction. The Contractor has agreed to accept a sum of $37,303.80 as compensation for this work. This Change Order also provides for additional compensation for various items of work related to providing additional K-rail openings to make available additional access to businesses along the south side of Rosedale Highway, from Wedding Lane to Mohawk Street, during the installation of the 16" water main pipeline extension. The original project plans had called for only 2 openings in the K-rail to access local businesses along the south side of Rosedale Highway in this area, a distance of over a mile. After conferring with several of the businesses, it was determined that additional K-rail openings were needed and could be safely provided to allow improved access during construction to the 25 businesses in this area. The Contractor has agreed to accept a sum of $49,244.11 for this additional work. The total cost increase for Change Order Nos. 98 and 99 is $115,805.64. The sum of all change orders to date on this project reflects a total cost increase of $3,081,142.35 (resulting in a 19.2% increase of the original contract amount) as illustrated below: Original Contract Amount $16,014,592.40 Amended Contract Agreement after Change Orders $19,095,734.75 Net Increase to date $ 3,081,142.35 Staff also recommends transferring $116,000 in Gas Tax project savings recently identified in the PG&E Tower Relocation project for the Westside Parkway Project to the Rosedale Highway Widening Project. The proposed amount to be transferred is necessary to fund Contract Change Order Nos. 98 and 99. There is no General Fund impact associated with these change orders. ATTACHMENTS: Description D CCO No 98 Rosedab h...WyWdeiNin D CCO No 99 Rosedab h...WyWdeiNin Type /kgireeirneint /kgireeirneint 02115117 CC AGENDA PACKET PG 288 0ONTRACTOR: Teichert Construction ADDRESS: P.O. Box 520 Folder , CA, 93625-052,0 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWNG WORK DESCRIBED NOT RICLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. NOTE: This change order Is not effective tmth approved by City Council or City Engineer Descripnim ofwoik u, be done, cs6mate of qumtkies, and prices w be paid. Segregate bemvm addRflonal work Gfcanlrut price, agmed prose and forceawoman, Unless offierwise sWed, Rales for rental of equipment oom only such linty L% eqWpnwRRf Ps acRually used and no afluwu will be nwde ror 4e nma CHANGE SUBMITTED BY: CHANGE REQUESTED BY*, w% I operg.KipAgfflL%Ln �negr DATE: L Luis Hi�' itlerrf En inter DATE: EXTRA WORK AT AGREED LUMP SUM PWCE Saw cut and remove asphalt, perform grading ands compaufion operations for s,ubgrade, iinstaIl approximately 367 feet of curb and gutter and (3) driveways between sta. 995+13,15 and '998+79-92, (RFI # 308, 308A, '308.1R1,'30&3, 308,3R1, 308,3R2, & FTM #33) lotal'Increase: $29,267.73 ACCOUNT NO (S) 1244021-825-8041 TRRH17 335-4021-825-8041 TRRH17 INCREASE $29,257,73 DECREASE $29,257,73 By reason of this order the time of City CouncH Approval ) Required YES xx completion YAN be adjusted as fofiows: 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 WC, I k und1cmigned 2omractor, K.- Snv, cameroji wM-00mi- Z I he CM%ge pmp=d s h, eby agrt,e. if tR.s propo,.2 k pV,,Qd, gmf 4, RH pdc 01 oq.ip..oq, f,.jjsnu api ,pi as may M�-m& he nwed bow, and pmdoeen. A C. WC5 ngcessan' far Phu memrk,ftw RinofW, and oil] .=V as A(XePted,Date: i4r-lzori Contr&Ct0r:,__.tA —VL Title: 0-2111 .x//l 7 CC AGENDA PACKET PG 289 CONTRACTOR: Teichert Construction ADDRESS: P.O. Box 620 Fowler, CA, 93625-0520 YOU ARE HEREBY DIRECTED TO MAKE THE HEREIN DESCRIBED CHANGES FROM THE PLANS AND SPECIFICATIONS OR DO THE FOLLOWING WORIK DESCRIBED NOT INCLUDED IN THE PLANS AND SPECIFICATIONS ON THIS CONTRACT. - NOTE: This change order is not effective until approved by �C4 Council or City Engineer Dcscdj)6on orwoA to bc dorms, oStMMc ofqwunlitics, and prices tabc irlid. ScgmgalwbctwccnaddifioniJEvaskofcorm mc pdcg, *wudpn�&Wforixaccounc Unless othemuse statcd, mom such urnu as cquipment isactuAflyuu,�d CHANGE SUBMITTED BY: LMls.Tooete. Resident Enaineer DATE: CHANGE REQUESTED BY; Luis To ete Resident 1_'____ DAM _rtanuary.?4, 2017 ADJUTMENT OF COMPENSATION AT AGREED LUMP SUM PRICE Additional pot-holing for unknown and unmarked utilities throughout the project limits. (NOPC# 3, 4 & FTM# 68)) $37,303,80 Additionat K-Rail rernobilization including relocation and removal (NOPC# 6 & FTM# 68) $6,828.86 inefficiency during waterline installation due to added openings in K-ra0 to Provide for access to local businesses. (NOPC# 6 & FTM# 68) $30,459,74 Pour additional concrete slurry for watedine trench backfill at added K-rail openings, (NOIPC# 6 & FTM A 68) $6,468.71 Steel Plate rental and placement at added K-rail openings, (NOPC# 6, & FTM# 68) $5,486,80 $86,647.91 Totall Increase: $86,647,91 ACCOUNT NO (S) 441-4031-811-8041 TRRH17-$49,244,11 124-4,021-825-80,41 TRRH17 335-4021-825-8041 TRRH17 INCREASE $86,,547,91 DECREASE BY reason of this order the time of City CouncIl Approval Required YES Xx complebon will be adjusted as follows: None NO Approved As to Form :: CITY ATTORNEY Approval Recommended; City Engineer Countersigned: Finance Director Approved by the Council of City of Bakersfield Mayor Date WQ, tin uWersipied WnLmVnr, ham �pverj 51.md and hb3 -9—, ft 01i., Too7lvd i, pp d, 0.1 ' � v,jlt P5. 01 0� '—pt 1. —Y mhj. W nA.d M—L, uid T-l'—n PH iovv A,, and -E ...pt ms F0 P.'�y."M lhkv d" p—, 'h— .4., Accepted, Date I I Contractor: Twe: Aae,(-) Mettiv) �- 0-2111 .x//l 7 CC A GENDA PAC ET PG 290 ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Consent- Property Acquisition Agreements - (TRIP) s. TO: Honorable Mayor and City Council FROM: Nick Fidler DATE: 2/1/2017 N If-11 1.1 ft SUBJECT: Accept bid and approve contract with Interior Demolition, Inc. ($194,000) for Demolition of Improvements at 100 Dunlap Street, 101 Dunlap Street, 104 Dunlap Street, 108 Dunlap Street, 136 Dunlap Street, 5091 Easton Drive, 4304 Joseph Drive, 3201 Mona Way, 109 Morrison Street and 4504 Woodlake Drive - Phase 17 for the Centennial Corridor Project. (TRI P) Staff recommends acceptance of bid and approval of contract. BACKGROUND: The Centennial Corridor Project will connect the existing State Route (SR) 58 freeway east of SR-99 with the Westside Parkway freeway west of SR-99. The project will provide both a regional and local freeway that significantly improves local circulation and facilitates regional traffic movement. The Centennial Corridor Project will be the final project in the TRIP program and will tie together many of the previously constructed TRIP improvements to create a complete, east-west, access-controlled transportation corridor through the central Bakersfield metropolitan area. On February 8, 2016, Caltrans approved the Record of Decision (ROD) for the environmental documents for the Centennial Corridor Project completing the environmental process for the project. The next phases of the project are advancement of the Preliminary Engineering to Final Design, continuing acquisition of right-of-way, clearing the right-of-way of structures, and then ultimately beginning construction. The City has been acquiring properties since March 2014 pursuant to federal legislation known as the Moving Ahead for Progress in the 21 st Century Act (MAP-21). This legislation allowed for the creation of the Early Acquisition Program for acquiring whole properties from willing sellers on a voluntary basis. The public was extremely receptive to the Early Acquisition Program, and, to date, the City has reached agreements with 189 of the 192 single family homes (98%); 9 of 02115117 CC AGENDA PACKET PG 291 the 9 multi-family properties (100%); and 15 of the 18 commercial/industrial properties (83%). The City now needs to begin clearing the right-of-way acquired to allow for construction of the project. The demolition will be completed in approximately 20 separate phases (contracts). The demolition phasing of the vacated, acquired properties is being planned to create efficiencies, and to reduce impacts to the surrounding properties. Three phases are proposed to be awarded by the City Council at tonight's meeting. After removal of all above and below ground structures on the properties, a wood chip cover will be applied to provide soil stabilization and weed control. The Engineer's Estimate for this phase of demolition work was $246,000.00. Sufficient funds are budgeted to award this contract. Federal earmark funds provide the funding source for this project. Therefore, there is no General Fund impact associated with this project. ATTACHMENTS: Description Type D l')eiryioli 'iti'ioiri/kgireeiryieirit Phase ,17 /kgireeirneint 02115117 CC AGENDA PACKET PG 292 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 INTERIOR DEMOLITION, 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 Demolition of Improvements at: 100 Dunlap Street, 101 Dunlap Street, 104 Dunlap Street, 108 Dunlap Street, 136 Dunlap Street, 5091 Easton Drive, 4304 Joseph Drive, 3201 Mona Way, 109 Morrison Street and 4504 Woodlake Drive ( "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 work to be performed consists, in general, of demolition of improvements at 100 Dunlap Street, 101 Dunlap Street, 104 Dunlap Street, 108 Dunlap Street, 136 Dunlap Street, 5091 Easton Drive, 4304 Joseph Drive, 3201 Mona Way, 109 Morrison Street and 4504 Woodlake Drive and removal of all structures, foundations, landscaping, fences where designated, debris, out buildings, patios, asbestos or lead containing materials, and grading sites to match existing grades ( "Project" herein). 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. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 01/2/2016 Demolition of Improvements at: 15`h Phase (City Project No. TRCC14) R Williams for Project Designer. C: \Users \rwilliams \Desktop \Demo agreements \Demo_Phase 17 Interior Don Anderson: Telephone: (661)326 -3061 -- Page 1 of 11 Pages -- 2115117 CC AGENDA PACKET IBC 293 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). 1.1.12. Required Federal -Aid Contract Language (Exhibit 12 -G). 1.1.13. Required Contract Provisions Federal -Aid Contracts (Form FHWA1273, Exhibit 12 -G). 1.1.14. Subcontracting Request Form (Exhibit 16 -13, LAPM). 1.1.15. Prevailing Wage Rates (Davis- Bacon). 1.1.16. Title VI Assurances and Appendices. 1.1.17. Current State of California DIR - PWC 100 Form. 1.1.18. Federal Aid Construction Contracts (Form FHWA 1273) 1.1.19. Subcontracting Request (CEM -1201, Local Assistance Procedures Manual) 1.1.20. Final Report of Utilization of Disadvantaged Businesses (CEM- 2402F) 1.2. CONTRACTOR acknowledges that CITY is receiving federal -aid for the construction of a portion of this Project. CONTRACTOR agrees to physically incorporate all federally required contract provisions, including Form FHWA -1273, in his various subcontracts and purchase orders for the federally funded portions of this Project. CONTRACTOR acknowledges that failure to incorporate Form FHWA -1273 into those subcontracts and purchase orders will jeopardize CITY's eligibility for federal -aid funding. In the event of noncompliance in regards to this requirement, CONTRACTOR will be required to correct the noncompliance. CITY will withhold payment for subcontracted work involved with the noncompliance from progress payments due, or to become due, until correction is made. Failure to comply may result in termination of the contract. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 01/2/2016 Demolition of Improvements at: 15`h Phase (City Project No. TRCC14) R Williams for Project Designer. C: \Users \rwilliams \Desktop \Demo agreements \Demo_Phase 17 Interior Don Anderson: Telephone: (661)326 -3061 -- Page 2 of 11 Pages -- 2115117 CC AGENDA PACKET FCC 294 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of One Hundred Ninety -Four Thousand Dollars and 00 Cents ($194,000.00). 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. For projects falling under Title 49 Code of Federal Regulations (CFR) Part 26.29 the CITY shall not require the withholding of any retention from CONTRACTOR. CONTRACTOR agrees that it will not cause retention to be withheld from subcontractors working under this Agreement which are subject to the provisions of 49 CFR Part 26.29. For projects, or any severable parts of a project under Federal law, which do not fall under 49 CFR Part 26.29, CITY shall retain ten percent (10 %) from payments to CONTRACTOR, unless otherwise required by State law, and does not limit or prohibit CONTRACTOR from requiring retention from subcontractors. 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. 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. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 01/2/2016 Demolition of Improvements at: 15`h Phase (City Project No. TRCC14) R Williams for Project Designer. C: \Users \rwilliams \Desktop \Demo agreements \Demo_Phase 17 Interior Don Anderson: Telephone: (661)326 -3061 -- Page 3 of 11 Pages -- 2115117 CC AGENDA PACKET FCC 29.E 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. 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 CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 01/2/2016 Demolition of Improvements at: 15`h Phase (City Project No. TRCC14) R Williams for Project Designer. C: \Users \rwilliams \Desktop \Demo agreements \Demo_Phase 17 Interior Don Anderson: Telephone: (661)326 -3061 -- Page 4 of 11 Pages -- 2115117 CC AGENDA PACKET FCC 296 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. 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. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 01/2/2016 Demolition of Improvements at: 15`h Phase (City Project No. TRCC14) R Williams for Project Designer. C: \Users \rwilliams \Desktop \Demo agreements \Demo_Phase 17 Interior Don Anderson: Telephone: (661)326 -3061 -- Page 5 of 11 Pages -- 2115117 CC AGENDA PACKET FCC 297 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. 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. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 01/2/2016 Demolition of Improvements at: 15`h Phase (City Project No. TRCC14) R Williams for Project Designer. C: \Users \rwilliams \Desktop \Demo agreements \Demo_Phase 17 Interior Don Anderson: Telephone: (661)326 -3061 -- Page 6 of 11 Pages -- 2115117 CC AGENDA PACKET FCC 298 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. 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 CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 01/2/2016 Demolition of Improvements at: 15`h Phase (City Project No. TRCC14) R Williams for Project Designer. C: \Users \rwilliams \Desktop \Demo agreements \Demo_Phase 17 Interior Don Anderson: Telephone: (661)326 -3061 -- Page 7 of 11 Pages -- 2115117 CC AGENDA PACKET FCC 299 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. 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. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 01/2/2016 Demolition of Improvements at: 15`h Phase (City Project No. TRCC14) R Williams for Project Designer. C: \Users \rwilliams \Desktop \Demo agreements \Demo_Phase 17 Interior Don Anderson: Telephone: (661)326 -3061 -- Page 8 of 11 Pages -- 2115117 CC AGENDA PACKET FCC 300 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: INTERIOR DEMOLITION, INC. 2621 Honolulu Avenue Montrose, California 91020 (818) 249 -4932 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. CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 01/2/2016 Demolition of Improvements at: 15`h Phase (City Project No. TRCC14) R Williams for Project Designer. C: \Users \rwilliams \Desktop \Demo agreements \Demo_Phase 17 Interior Don Anderson: Telephone: (661)326 -3061 -- Page 9 of 11 Pages -- 2115117 CC AGENDA PACKET FCC 301 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. The term "Accounting Records" includes the various subcontracts and purchase orders that CONTRACTOR has issued on this Project. CITY reserves the right to review any or all those documents to ensure compliance with the federal contract provisions. 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. 28. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 95- 4216657 CONTRACTOR is a corporation? Yes X No (Please check one.) 29. CONTRACTOR'S LICENSE INFORMATION. License Number 603409 Expiration Date September 30, 2018 License Classification B. C21. C12, C22 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. * Additional Signatures on the Following Page CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 01/2/2016 Demolition of Improvements at: 15`h Phase (City Project No. TRCC14) R Williams for Project Designer. C: \Users \rwilliams \Desktop \Demo agreements \Demo_Phase 17 Interior Don Anderson: Telephone: (661)326 -3061 -- Page 10 of 11 Pages -- 2115117 CC AGENDA PACKET FCC 302 "CITY" CITY OF BAKERSFIELD 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 By: NICK FIDLER Public Works Director COUNTERSIGNED: NELSON K. SMITH Finance Director "CONTRACTOR" INTERIOR DEMOLITION, INC. By: PRINT NAME: Title: Insurance: JENA COVEY Risk Manager CONSTRUCTION PROJECTS AGREEMENT — Updated — March 9, 2015 Date Prepared: 01/2/2016 Demolition of Improvements at: 15`h Phase (City Project No. TRCC14) R Williams for Project Designer: C: \Users \rwilliams \Desktop \Demo agreements \Demo_Phase 17 Interior Don Anderson: Telephone: (661)326 -3061 -- Page 11 of 11 Pages -- 2115117 CC AGENDA PACKET FCC 303 ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Consent -Bids t. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 1/20/2017 iTiff-11 1.1 SUBJECT: Reject bid for a Housing and Urban Development-Funded door project at the Martin Luther King Community Center. STAFF RECOMMENDATION: Staff recommends rejection of bid. BACKGROUND: Bids were solicited for a security enhancement project at Martin Luther King Community Center funded through Community Development Block Grant. The project includes removing and replacing doors and hardware for 18 exterior doors and the re-keying of interior and exterior doors. The project also includes installing emergency electronic locking and door closers that integrate with the existing alarm system. One bid in the amount of $54,000 was received from RMC Enterprises, Inc., Fresno, California. The bid exceeds the $42,000 budget for this project. Staff will re-evaluate the project and will re-bid at a future date. 02115117 CC AGENDA PACKET PG 304 ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Consent- Bids u. TO: Honorable Mayor and City Council FROM: Nelson K Smith, Finance Director DATE: 2/1/2017 111-11 N 03 SUBJECT: Accept bid and approve contract to Pavement Recycling System, Incorporated (not to exceed $468,500) for an annual contract for cold planing services. STAFF RECOMMENDATION: Staff recommends acceptance of the bid and approval of contract. BACKGROUND: Bids were solicited for an annual contract for cold planing services for the Streets Division. The contract award is for a one year period; renewable annually for four consecutive one-year periods at the City's option and upon mutually agreeable terms. Two bids were received in response to the solicitation. The bids solicited were based on two types of grinding services with estimated quantities. The City determines the lowest bidder by multiplying the bidder's unit price for each service by the estimated square footage for the work to be performed. This contract is utilized by the Streets Division for preparation of asphalt roadway surface prior to City crews' pavement reconstruction. The cold planing process is the removal of the top surface asphalt of a roadway. The removed milled asphalt material is recycled by City staff and used on other projects which eliminates any landfill impact. Funds are budgeted in the General Fund and the Capital Outlay Fund for this contract. The two bids received are as follows: BIDDER AMOUNT Pavement Recycling Systems, Inc. $468,500 Jurupa Valley, CA ABSL Construction $1,225,000 Hayward, CA 02115117 CC AGENDA PACKET PG 305 Staff finds the bid from Pavement Recycling System, Incorporated to be acceptable and recommends approval of contract in the amount of $468,500. ATTACHMENTS: Description Type D /kgireeirneint /kgireeirneint 02115117 CC AGENDA PACKET PG 306 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 PAVEMENT RECYCLING SYSTEMS, INC. (a California Corporation) ( "CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of cold planing services; and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to employ CONTRACTOR to fulfill an annual contract for cold planing ( "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 fulfilling an annual contract for cold planing ( "Project" herein). 1.1. 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. 1.2. The following shall be deemed to be part of this Agreement as if fully set forth herein: 1.2.1. Invitation to Bid No. 16 -17 -59 1.2.2. Special Provisions 1.2.3. Bid Security CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ 7E88DAA7 -C75B- 4707- 912A- 3DF7557F257B \PDFConvert. 7616 .1.A -C_ for Cold_Planing_16-17- 59 Pavement Recycling.docx February 1, 2017 -- Page 1 of 11 Pages -- 2115117 CC AGENDA PACKET IBC 307 1.2.4. Bid Proposal 1.2.5. Non - collusion affidavit 1.2.6. Equal Employment Opportunity Compliance Cert. 1.2.7. Waiver of Substitution of Securities 1.2.8. Workers Compensation Insurance Certification 1.2.9. Statement of OSHA Compliance 1.2.10 Bidders Statement Regarding Insurance Coverage 1.2.11. Performance Bond 1.2.12. Material and Labor Bond 1.2.13. Letters of transmittal, if any 1.2.14 All provisions required by law to be inserted in this Contract whether actually inserted or not. 1.2.15. Current State of California DAS 140 Form (if required by Specifications) 1.2.16 DI PWC 100 Form 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment NOT TO EXCEED FOUR HUNDRED SIXTY EIGHT THOUSAND FIVE HUNDRED DOLLARS ($468,500) 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. 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 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 CONSTRUCTION PROJECTS AGREEMENT \kb C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ 7E88DAA7 -C75B- 4707- 912A- 3DF7557F257B \PDFConvert. 7616 .1.A -C_ for Cold_Planing_16-17- 59_Pavement Recycling.docx February 1, 2017 -- Page 2 of 11 Pages -- 2115117 CC AGENDA PACKET FCC 308 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. 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 signed by all the parties. If any modification of this Agreement results in total compensation which exceeds Forty Thousand Dollars ($40,000.00), such modification must be approved by the City Council. 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 CONSTRUCTION PROJECTS AGREEMENT \kb C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ 7E88DAA7 -C75B- 4707- 912A- 3DF7557F257B \PDFConvert. 7616 .1.A -C_ for Cold_Planing_16-17- 59_Pavement Recycling.docx February 1, 2017 -- Page 3 of 11 Pages -- 2115117 CC AGENDA PACKET FCC 309 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. 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: CONSTRUCTION PROJECTS AGREEMENT \kb C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ 7E88DAA7 -C75B- 4707- 912A- 3DF7557F257B \PDFConvert. 7616 .1.A -C_ for Cold_Planing_16-17- 59_Pavement Recycling.docx February 1, 2017 -- Page 4 of 11 Pages -- 2115117 CC AGENDA PACKET FCC 310 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. 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 CONSTRUCTION PROJECTS AGREEMENT \kb C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ 7E88DAA7 -C75B- 4707- 912A- 3DF7557F257B \PDFConvert. 7616 .1.A -C_ for Cold_Planing_16-17- 59_Pavement Recycling.docx February 1, 2017 -- Page 5 of 11 Pages -- 2115117 CC AGENDA PACKET FCC 311 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. 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. CONSTRUCTION PROJECTS AGREEMENT \kb C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ 7E88DAA7 -C75B- 4707- 912A- 3DF7557F257B \PDFConvert. 7616 .1.A -C_ for Cold_Planing_16-17- 59_Pavement Recycling.docx February 1, 2017 -- Page 6 of 11 Pages -- 2115117 CC AGENDA PACKET FCC 312 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. 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, 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 CONSTRUCTION PROJECTS AGREEMENT \kb C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ 7E88DAA7 -C75B- 4707- 912A- 3DF7557F257B \PDFConvert. 7616 .1.A -C_ for Cold_Planing_16-17- 59_Pavement Recycling.docx February 1, 2017 -- Page 7 of 11 Pages -- 2115117 CC AGENDA PACKET FCC 313 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. 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 FINANCE DEPARTMENT CONSTRUCTION PROJECTS AGREEMENT \kb C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ 7E88DAA7 -C75B- 4707- 912A- 3DF7557F257B \PDFConvert. 7616 .1.A -C_ for Cold_Planing_16-17- 59_Pavement Recycling.docx February 1, 2017 -- Page 8 of 11 Pages -- 2115117 CC AGENDA PACKET FCC 314 1601 Truxtun Avenue Bakersfield, California 93301 (661) 326 -3744 CONTRACTOR: PAVEMENT RECYCLING SYSTEMS, INC. 10240 SAN SEVAINE WAY JURUPA VALLEY, CA 91752 951 - 682 -1091 (phone) 951 - 682 -1094 (fax) 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. CONSTRUCTION PROJECTS AGREEMENT \kb C: \Program Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ 7E88DAA7 -C75B- 4707- 912A- 3DF7557F257B \PDFConvert. 7616 .1.A -C_ for Cold_Planing_16-17- 59_Pavement Recycling.docx February 1, 2017 -- Page 9 of 11 Pages -- 2115117 CC AGENDA PACKET FCC .31.E 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. 28. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 33- 0353433 CONTRACTOR is a corporation? Yes X No (Please check one.) 29. CONTRACTOR'S LICENSE INFORMATION. License Number 569352 Expiration Date 5/31/2017 License Classification 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" "CONTRACTOR" CITY OF BAKERSFIELD PAVEMENT RECYCLING SYSTEMS, INC. KAREN GOH Mayor in PRINT NAME: CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ 7E88DAA7 -C75B- 4707- 912A- 3DF7557F257B \PDFConvert. 7616 .1.A -C_ for Cold_Planing_16-17- 59 Pavement Recycling.docx February 1, 2017 -- Page 10 of 11 Pages -- 2115117 CC AGENDA PACKET FCC 316 APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA H RUDNICK Deputy City Attorney APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT NICK FIDLER Assistant Finance Director COUNTERSIGNED: NELSON SMITH Finance Director Title: Insurance: CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ 7E88DAA7 -C75B- 4707- 912A- 3DF7557F257B \PDFConvert. 7616 .1.A -C_ for Cold_Planing_16-17- 59_Pavement Recycling.docx February 1, 2017 -- Page 11 of 11 Pages -- 2115117 CC AGENDA PACKET FCC 317 ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Consent -Bids v. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 2/2/2017 111-11 V 03 SUBJECT: Accept bid from Jim Burke Ford, Bakersfield ($72,783.28) for two replacement two wheel drive pickups with service bodies for use by the Public Works Department, General Services Division. STAFF RECOMMENDATION: Staff recommends acceptance of the bid. BACKGROUND: Bids were solicited for replacement two wheel drive pickups for the General Services Division. Three bids were received in response to the solicitation. General Services utilizes pickups with service bodies to carry tools and lumber racks for transporting building and construction materials. This purchase will replace vehicles that are over 15 years old with high mileage, worn out interiors and exterior faded paint. In addition, the new vehicles will be more fuel efficient. Funds are budgeted in the Equipment Management Fund for the purchase of two replacement pickups. Mullahey CDJR was the lowest responsive bidder; Jim Burke Ford, Bakersfield is the next lowest responsive bidder and is eligible for the 3% local preference Council Policy consideration. After applying the 3% preference, Jim Burke Ford becomes the lowest bidder. The three bids received are as follows: BIDDER AMOUNT 3% LOCAL PREFERENCE ADJUSTED BID AMOUNT Mullahey CDJR $71220.78 N/A Paso Robles, CA , Jim Burke Ford Bakersfield, CA $72,783.28 $70,599.78 02115117 CC AGENDA PACKET PG 318 Three Way Chevrolet $77,896.10 N/A Bakersfield, CA Staff finds the bid submitted by Jim Burke Ford, Bakersfield, in the amount of $72,783.28 to be acceptable and recommends approval of the purchase. 02115117 CC AGENDA PACKET FAG 319 AK ADMINISTRATIVE REPOR71 MEETING DATE: 2/15/2017 Consent -Bids w. TO: Honorable Mayor and City Council FROM: Art Chbane|k]. Water Resources Manager DATE: 1/25/2017 SUBJECT:Acceptp0posal and award contract to Zim Industries, Inc. dba Bakersfield Well and Pump Company (not b3 exceed $350.000) for on-call services for maintenance and repair of the City's agricultural and domestic water wells. STAFF RECOMMENDATION: Staff recommends acceptance of proposal and award Ofcontract. BACKGROUND: The City of Bakersfield OvvnS and operates nUnnenOUS water production vveUS used in its AohCUKUrd and Domestic water divisions. Specialized maintenance and repair services are needed b3 allow the vve||S b3 operate pnOped\\ nn8xinniz8 their USehJ| |im8S. and repair iSSUeS such as replacing pump motors, bowls, bearings, shafts, couplings, and seals. On December 1, 2018. staff issued 8 Request for Qualifications and Pn3pOS8]S / b3 provide maintenance and repair to the City's ground water production wells On an On-C8|. as needed basis. Three (3) pnOpOS8|S were n8Ceim8d in n8SpOnSe b3 this RFQ/F! PnOpOS8|S were reviewed by 8 Se|eCUOn COnnnniMBe from the Water ReSOUn:eS Department staff. /\S 8 result Ofthat review, the staff selection committee ranked the prOpOS8|S based On8 combination of: experience Oncomparable projects; availability of resources (i.e., personnel and equipment); list of subcontractors intended to be used On the project; 8nd8|iStOf8||C|8innSfi|ed8g8inSte8ChpnOpOSer/\S8SeCOnd8ryCOnSideradiOn in ranking proposals, fee schedules submitted along with each proposal were evaluated. Of the three proposals submitted, staff ranked the proposal from Bakersfield Well and Pump Company (BWPC) first. Below is a summary of the proposals: Name Status -Proposer Well and Pump (Bakersfield) Acceptable - Staff Recommendation -Bakersfield Farm Pump and Irrigation Co., Inc. (Shafter) Acceptable Weber Water Resources (San Bernardino) Non-responsive (received after deadline) Staff recommends acceptance ofBWPC'sproposal and award of contract inanamount not to exceed $350,000 for a one year. The agreement includes provisions for two (2) consecutive one-year extensions unless either party terminates the agreement by providing 30 days written notice to the 02/15117CCAGENDA PACKET PG 320 other part. Awarding this on-call contract will provide the Water Resources Department a method of repairing City wells in the most timely and efficient manner. Funding for Year 1 of the water well maintenance program is currently budgeted in the Water Resources Department's FY 2016-17 operating budget. Additional funds will be budgeted in subsequent years for Years 2 and 3 should this ongoing program be extended. The project will be funded with Agricultural and Domestic Water Enterprise Funds. No General Fund dollars will be expended for this program. ATTACHMENTS: Description D Agreement D ExhNtA Type Agreement ExhUt 02115117 CC AGENDA PACKET PG 321 AGREEMENT NO. INDEPENDENT CONTRACTOR'S AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ( "CITY' herein) and ZIM INDUSTRIES INC., dba BAKERSFIELD WELL AND PUMP COMPANY ( "CONTRACTOR" herein). RECITALS WHEREAS, the CITY has caused bids to be accepted on the basis of time and materials for the Maintenance and Repair of the City Owned Water Wells; and WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the maintenance and repair of pumps, motors and wells and has submitted a bid on providing said services; and WHEREAS, the CITY desires to employ CONTRACTOR to provide on -call Maintenance and Repair of City -Owned Water Wells ( "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 is described as providing on- call, as- needed maintenance and repair of City -Owned Water Wells, including but not limited to pump, motor, electrical and miscellaneous equipment repair in accordance with Request for Qualifications and Proposals, incorporated herein by reference as Exhibit A. 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. The following shall be deemed to be part of this Agreement as if fully set forth herein: 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment not to exceed INDEPENDENT CONTRACTOR'S AGREEMENT C: \Program Files (x86) \neevia.com \docConverterPro \temp \N V DC\F598FAA8-4E8E-44D2-88A0- 094DC891 AC20 \PDFConvert. 7610.1. Well- Maint- and - Repair.docx E Updated - March 9, 2015 -- Page 1 of 10 Pages -- 2115117 CC AGENDA PACKET FCC 322 THREE HUNDRED FIFTY THOUSAND DOLLARS ($350,000) in accordance with the unit prices set forth in Exhibit A, which shall be paid for completed services after receipt of an itemized invoice approved by the Water Resources Manager or his designee. 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. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered after receipt of an itemized invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by CITY to CONTRACTOR shall be made within thirty (30) days after receipt and approval by CITY of CONTRACTOR's itemized invoice. 4. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to the work set forth herein. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONTRACTOR 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 CONTRACTOR shall not change such personnel without the written approval of CITY. 5. STARTING WORK. CONTRACTOR 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 CONTRACTOR and CITY. 6. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth. 7. 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. 8. 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. If a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If a partnership, at least one partner shall hold the required licensees or professional degrees. INDEPENDENT CONTRACTOR'S AGREEMENT C: \Program Files (x86) \neevia.com \docConverterPro \temp \N V DC\F598FAA8-4E8E-44D2-88A0- 094DC891 AC20 \PDFConvert. 7610.1. Well- Maint- and - Repair.docx B Updated - March 9, 2015 -- Page 2 of 10 Pages -- 2115117 CC AGENDA PACKET FCC 323 9. 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. 10. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in a writing approved by the City Council and signed by all the parties. 11. 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. 12. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate one (1) year from the effective date of the Agreement. The Agreement may be extended in accordance with the provisions of the invitation to bid for two (2) one -year periods. 13. TERMINATION. This Agreement may be terminated by any party upon thirty (30) days written notice, served by mail or personal service, to all other parties. 14. 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. 15. 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 INDEPENDENT CONTRACTOR'S AGREEMENT C: \Program Files (x86) \neevia.com \docConverterPro \temp \N V DC\F598FAA8-4E8E-44D2-88A0- 094DC891 AC20 \PDFConvert. 7610.1. Well- Maint- and - Repair.docx E Updated - March 9, 2015 -- Page 3 of 10 Pages -- 2115117 CC AGENDA PACKET FCC 324 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. 16. 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. 17. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 18. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 19. INSURANCE. 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: 19.1 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: 19.1.1 Provide coverage for owned, non -owned and hired autos. 19.2 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: 19.2.1 Provide contractual liability coverage for the terms of this Agreement. 19.2.2 Provide unlimited products and completed operations coverage. INDEPENDENT CONTRACTOR'S AGREEMENT C: \Program Files (x86) \neevia.com \docConverterPro \temp \N V DC\F598FAA8-4E8E-44D2-88A0- 094DC891 AC20 \PDFConvert. 7610.1. Well- Maint- and - Repair.docx B Updated - March 9, 2015 -- Page 4 of 10 Pages -- 2115117 CC AGENDA PACKET FCC .32.E 19.2.3 Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. 19.2.4 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. 19.3 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 volunteers. 19.4 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. 19.5 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. 19.6 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. INDEPENDENT CONTRACTOR'S AGREEMENT C: \Program Files (x86) \neevia.com \docConverterPro \temp \N V DC\F598FAA8-4E8E-44D2-88A0- 094DC891 AC20 \PDFConvert. 7610.1. Well- Maint- and - Repair.docx E Updated - March 9, 2015 -- Page 5 of 10 Pages -- 2115117 CC AGENDA PACKET FCC 326 19.7 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. 19.8 The CONTRACTOR 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. 19.9 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. 19.10 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. 19.11 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. 19.12 CONTRACTOR shall provide, when required by CITY, performance, labor and material bonds in amounts and in a form suitable to CITY. CITY shall approve in writing all such security instruments prior to commencement of any work under this Agreement. 20. 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. 21. 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 INDEPENDENT CONTRACTOR'S AGREEMENT C: \Program Files (x86) \neevia.com \docConverterPro \temp \N V DC\F598FAA8-4E8E-44D2-88A0- 094DC891 AC20 \PDFConvert. 7610.1. Well- Maint- and - Repair.docx B Updated - March 9, 2015 -- Page 6 of 10 Pages -- 2115117 CC AGENDA PACKET FCC 327 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. 22. 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. 23. 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 CONTRACTOR: ZIM INDUSTRIES INC., dba BAKERSFIELD WELL & PUMP CO. 7212 Fruitvale Avenue Bakersfield, CA 93308 Attn: John C. Zimmerer P: (661) 393 -9661 / F: (661) 393 -9647 24. 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. 25. 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. 26. 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 INDEPENDENT CONTRACTOR'S AGREEMENT C: \Program Files (x86) \neevia.com \docConverterPro \temp \N V DC\F598FAA8-4E8E-44D2-88A0- 094DC891 AC20 \PDFConvert. 7610.1. Well- Maint- and - Repair.docx E Updated - March 9, 2015 -- Page 7 of 10 Pages -- 2115117 CC AGENDA PACKET FCC 328 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. 27. 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. 28. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 29. 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 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. 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. 31. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 94- 2597729 CONTRACTOR is a corporation? Yes x No (Please check one.) 32. NON - INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 33. RESOURCE ALLOCATION. All obligations of CITY under the terms of INDEPENDENT CONTRACTOR'S AGREEMENT C: \Program Files (x86) \neevia.com \docConverterPro \temp \N V DC\F598FAA8-4E8E-44D2-88A0- 094DC891 AC20 \PDFConvert. 7610.1. Well- Maint- and - Repair.docx E Updated - March 9, 2015 -- Page 8 of 10 Pages -- 2115117 CC AGENDA PACKET FCC 329 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 By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney Insurance: APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT ARTHUR CHIANELLO, P.E. Water Resources Manager "CONTRACTOR" ZIM INDUSTRIES INC., dba BAKERSFIELD WELL & PUMP CO. By: Print Name: Title: INDEPENDENT CONTRACTOR'S AGREEMENT C: \Program Files (x86) \neevia.com \docConverterPro \temp \N V DC\F598FAA8-4E8E-44D2-88A0- 094DC891 AC20 \PDFConvert. 7610.1. Well- Maint- and - Repair.docx E Updated - March 9, 2015 -- Page 9 of 10 Pages -- 2115117 CC AGENDA PACKET FCC 330 COUNTERSIGNED: NELSON SMITH Finance Director Additional signature on next page Attachment: Exhibit A Certificates of Insurance INDEPENDENT CONTRACTOR'S AGREEMENT C: \Program Files (x86) \neevia.com \docConverterPro \temp \N V DC\F598FAA8-4E8E-44D2-88A0- 094DC891 AC20 \PDFConvert. 7610.1. Well- Maint- and - Repair.docx B Updated - March 9, 2015 -- Page 10 of 10 Pages -- 2115117 CC AGENDA PACKET FCC 331 V W I P 1,11 10� December 1, 2016 The City of Bakersfield has prepared a Request for Qualifications and Proposals (RFQ/P) for the following work: Contracting Services for Maintenance and Repair of Ground Water Production Wells for City of Bakersfield Bakersfield, California Professional services necessary for this project include, repair and maintenance of electric motors, well casings, bowls, bearings, shafts, trip line hour meters and flow meters. The RFQ&P package will be available after 1:00 PM IDecember 1, 20,16, and may be obtained by accessing the City of Bakersfield website, The address to the website is www.bakersfielldcity.0 . When the City home page opens, select Purchasing under the Departments pull down menu. Then click "Vender Portal" under "City Bids" in the left panel. You will then be able to click on the link to the project to obtain more information about this solicitation, In order to download a copy of the posted documents, you must first register with this web site as a vendor. There is no charge for this registration. All questions concerning the project and the City's selection of a CONTRACTOR for this project should be directed to: John Ryan, Superintendent City of Bakersfield Water Resources 1000 Buena Vista Road Bakersfield, CA 93311 Phone: 661-326-3715 STATEMENT OF QUALIFICATIONS and FEE PROPOSALS (SOQ/Ps) submitted in conformance with the City's RFQ/P will be received by the City of Bakersfield at the Purchasing Office, City Hall North, 1600 Truxtun Avenue, Bakersfield, CA 93301 until 1:00p.m, Thursday, December 2�2, 20,16. The City of Bakersfield (City) assumes no responsibility for non-receipt of SOQ/Ps due to any delay, including but not limited to, carrier delay. It is the proposer's responsibiIiity to meet the deadline stated above, No RFQ/P will be considered unless it is made in conformance with the requirements of the City's SOQ/P. The City pllans to enter into a three year agreement with a water well service and repair firm which has documented extensive experience in the repair and maintenance of electric motors and appurtenant equipment and is capable of providing all necessary contracting services, for the Scope of Work as described in this RFQ/P, The CONTRACTOR working on this project shall be a qualified professional and shall have the necessary experience, expertise and licenses to complete the project and satisfy all the requirements as described in the RFQ/P. Page 1 of 20 02115117 CC AGENDA PACKET PG 332 Firms wishing to be considered for this project should thoroughly read this RFQ/P, information required to be provided in a SOQ/P is detailed in Section VI. Firms submitting an SOQ[P must do so in accordance with the requirements of Section VIII. As required by Section Xll, a signed copy of the enclosed sample agreement must be submitted with an SOQ/P. 1. GENERAL PROJECT DESCRIPTION AND REQUIREMENTS The City of Bakersfield owns and operates numerous water production wells used in its Agricultural and Domestic water divisions. Work shall be assigned and performed to the satisfaction of the City of Bakersfield Water Resources Department. Work will be scheduled at the convenience of the City. Unless specified or requested, all equipment shall be restored to the original equipment manufacturers standards. Work may include the inspection, icleaning, repair, and/or replacement of the following: X Puimp Motors, including re-windling i! and re-conditioning B. Pump Bowls. C. Pump Bearings and Housing Shafts D, Pump Shafts E. Pump and Motor Couplings and Seals F. Electrical connections (e.g. Panel Boxes, (Fuses, and Breakers) C. Water Flow Meters H. Hour Meters The City plans to enter into a three year agreement with a water well repair firm which has documented extensive experience in the maintenance and repair of water wells and is capable of providing all necessary field and professional services for the Scope of Work as described in this RFQ/P. For the purpose of this project, the following definitions shall apply: a OWNER is the Water Resources of the City of Bakersfield. • PROPOSER is a firm which submits a Statement of Qualifications and Fee Proposal in response to this RFQ/P. • CONTRACTOR is the firm hired by the City to provide the services described in this RFQ/P. • LOCAL REGULATORY AGENCY refers to all Divisions, and Departments of the City of Bakersfield that are charged with the oversight of this type of work. A. The CONTRACTOR shall include professional staff and equipment to provide all services necessary for the performance of this project, indluding but not llimited to, 1. Field inspection of Electric Motors and Well Pumps; Pad ge 2 of 20 02115117 CC AGENDA PACKET PG 333 2, Cleaning and maintenance of Electric Motors and Well Puimps; 3, Replacement of individual components or complete systems of Electric Motors and Well Pumps;.. 4. Recommendations for general maintenance and future needs;, 5. Maintaining shop test and maintenance records for any work done; 6. Producing estimates for the probable cost of repairs and/or replacements B. The C 0 N T R A C T 0 R's Scope of Work wilt include, but not be timited to, the following services: CONTRACTOR will provide appropriate records on request and within a reasonable time for all test/inspection and maintenance for each repair, re-condition, etc. The report, will detail the nature of the problem, the parts required, labor expended and a summary of the work done, 2. Guarantee's The CONTRACTOR shall guarantee that all work done, under this agreement shall be free from faulty material and/or workmanship, and agrees to repair or replace without cost and to the satisfaction of the City, all defects or imperfections appearing in their work for the period of no less than one (1) year from the date of final acceptance. Should the equipment fail to perform as guaranteed, the cost of all consequent shop of field tests shall be paid for by the CONTRACTOR and the CONTRACTOR shall make such changes to the equipment as necessary to meet the guarantees and further test the equipment to prove its guaranteed performance, all at no additional cost to the OWNER C, The CONTRACTOR shall execute the work in a timely manner and in accordance with the applicable State, Federal, and Local laws and Ordinances and industry standards including but not limited to: 1. Uniform Mechanical Code 2a National Electrical Code 3. National Fire Protection Association, (NFPA) 4, Occupational Safety and Health Act (OSHA) 5. Underwriters Laboratories (UL) 6. National Electrical Manufacturer's Association (NEMA) 7. American National Standards Institute (ANSI) 8. American Society of Mechanical Engineers (ASME) The CONTRACTOR shalt have adequate resources to respond quickly to the OWNER"s needs, including, but not limited to: telephone coverage Monday-Friday during the hours of 8:00 through 5:00pmi. Contractor !shall provide the first and last names and telephone number(s) of the person(s) to be contacted during normal working hours for order placement and resolution of contract issues. Contractor shall insure that all employees dealing directly with the OWNER shall be fully aware of all contract provisions, including the requirements of the OWNER and the obligations of the CONTRACTOR. CONTRACTOR shall have sufficient resources to be able to respond to more than one job at a time. Contractor shall respond to all requests for repair within twenty -four (24) hours of notification by the OWNER If the CONTRACTOR is unable or for any other reason does not respond within twenty-four (24) hours then the CONTRACTOR shall pay at the OWNER's discretion up to $1,500-00 per day until a response is made to address the needs of the OWNER's request. Repairs on equipment parts, components, or complete systems shall take no longer than 2 weeks unless other arrangements are made with the OWNER. Adequate time will be allowed should a parts supplier require additional time for delivery such as a back ordered item. If work is delayed, the CONTRACTOR shall provide documentation from the supplier on the expected time for delivery before any extension of time will be granted. CONTRACTOR shall also be required to make a diligent search for additional suppliers to provide any parts on back order or which in any other way will delay the work. If the Consultant is unable or for any other reason does not complete the work within the quoted time, the CONTRACTOR shall pay at Pagc 3 of 20 02115117 CC AGENDA PACKET PG 334 the OWNER's discretion up to $1,200,00 per day until the work is completed, D,. The CONTRACTOR shall provide all technical skillls and studies necessary to successfully complete the project. A. The City will provide access to site locations, B. The City will provide a copy of any previous maintenance and repair history of record. C. The City will provide all services required to plan, supervise, monitor and finance the project except for those services to be provided by the CONTRACTOR as set forth herein above. D� The City will provide a single point of contact for responses, quotations, and approvals involved in any request for repairs or maintenance during normal business hours, and a 24 hour contact for after-hours communications. The project schedule is described in the scope of work. V. CONTRACTOR's TEAM & QUALIFICATIONS A. The CONTRACTOR shall have a minimum of five (5,) years previous successful experience in the repair and maintenance of electric motors, pumps and appurtenant equipment. Such experience shall include the provision of service to other public agencies or municipalities. B. Contractor shalt be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code of the State of California to do the type of work contemplated in the project and shall possess a valid and current State of California Contractors license at the time and work is awarded). The class of (license shall be a Class A General Engineering or any combination of Class C Contractors License which will allow them to complete the work specified in the contract. Contractor shalt insure that all subcontractors are properly licensed and insured for any work to be performed. VII. STATEMENT OF QUALIFICATIONS All interested fiirms (PROPOSERs) shall submit a Statement of Qualifications (SOQ) which shall contain at a minimum the following informatiom A. The completed General Information Sheet (refer to Attachment RFQ/P-1). An officer of the PROPOSER must sign this document. B. Name and relevant experience of PROPOSER's principals who will be responsible for the project. C. Name and relevant experience of PROPOSER's key personniel who will work on the project. D. 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; 1. Project title, location and description including size of the projecte 2. Nature of PROPOSER's responsibifity; 3. Start and end dates of PROPOSER"s involvement in the project; 4. Names of PROPOSER's key personnel involved in the project; 5. Total dollar amount of PROPOSER's contract; 6. Name, address and phone number of the project owner; 7. Name and address of PROPOSER's client if different from the project owner; 8. Name and phone number of contact person at PROPOSER's client's office. Page 4 of 20 02115117 CC AGENDA PACKET PG 335 E, A statement of why PROPOSER believes it should be selected for this project, F A list of all subcontractors that PROPOSER will be utilizing on this project. This list shall include the following information for each proposed subcontractor: I . Name, address, and phone number for sub CONTRACTOR's office that will be performing work on the project, 2. Name and relevant experience for sub CONTRACTOR's key employees that will be working on this project. 3. Description of work that the subcontractor will perform on the project, 4, A list of all current projects, including the amount of the subcontractor's resources allocated to those projects and the completion date of subcontractor's work at that level of allocation; and 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 subcontractor's: The office submitting an SO1Q/P for PROPOSER shalll be considered the CONTRACTOR. All other offices of PROPOSER shalt be considered subcontractor's and shafl be included in the subcontractors listing. G. A list of PROPOSER's claims history since January 1, 2006, List 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: 1. Name of project owner; 2. Project completion date„ 3. Basis for claim i 4. Claim or suit amount 5. Current status; and 6. Award or Settlement amount, List all claims, demands for arbitration and/or law suits filed by project owners, their agents or subcontractors 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. H. 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 niot submit a certificate of insurance in lieu of this statement. Page 5 of 20 02115117 CC AGENDA PACKET PG 336 Vill. PROJECT FEE PROPOSAL All firms being interviewed shall submit a fee proposal based on the Scope of Work described in this RFP. The fee proposal shall be itemized for the following items of the project and shall be of the type indicated, Fixed fees, for each task are the total fixed fee for the duration of the two year agreement: HOURLY RATE DESCRIPTION HOURLY RATE HOURLY RATE Overtime Straight Time Overtime Sunday& Hiolidays Well-pulling Rig and 2 risen -1 Flat Bed Truck $ $ $ Well-12ulfing Rig and 3 men- 1 Flat Bed Truck $ $ Truck Driver with Helper $ $ Electrician /Serviceman $ Electrician/Serviceman with Helper S $ S Welder $ $ $ i Welder with Hell )er $ $ Shop Machinist $ Shop Labor $ Discount from Manufacturer's List. $ Hydro, Crane and Operator $ Manufacturer: $ Backhoe and Operator $ $ Manufacturer: Backhoe and 0 eirator with Hei er $ Discount from Manufacturer's List: $ I Rewind motor and Replace Bearings $ $ $ D-5 Dozer and Operator S $ $ Well Measurement S $ $ Additional Test Pump Hours $ $ S Au er Use $ Trenching Charge- Ride Trencher Trenching Charge- Backhole $ Cement/Pavement Breaker with Backhoe.. $ S Jack Hammer $ $ $ Air Compressor S Clea Manufacturer: Discount from Manufacturer's List. % Manufacturer: Discount from Manufacturer's List: % Manufacturer: Discount from Manufacturer's List: % The fee proposal shall include a statement of the percentage of work, based on fee proposal, that will be performed by personnel from CONTRACTOR's local office(s). "Local office"' is defined as an office within the metropolitan area of Bakersfield that was being continuously operated by the CONTRACTOR or CONTRACTOR's subcontractors on the Page 6 of 20 02115117 CC AGENDA PACKET PG 337 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 CONTRACTOR or subcontractors 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 tasks is described in the "Services to IBe Provided by the CONTRACTOR (Scope of Work)" section of this RFQ/P. Request for payment of services shall be billed to the City at the conclusion of each round of sampling and/or reporting in accordance with CONTRACTOR's fee proposal which is submitted in response to this IRFP. Firms, responding to this RFQ/P must include the following items, in their submittal package: A. Two (2) copies of PROPOSER's SOQ/P, B. Two (2) copies of the completed General Information Sheet (Attachment RFQ/P- 1) signed by a company official; and C. Two (2) copies of the Fee Proposal in i[ts own sealed envelope labeled: "Fee Proposal". The submittal items must be placed into a sealed envelope bearing PROPOSER's name and the words: Statement of Qualifications and Proposal for Services of Maintenance and Repair of City of Bakersfield Ground Water Production Wells Bakersfield, California Before the date and time stated in the Notice to Contracting Firms, the submittal package must be delivered to: City of Bakersfield Purchasing Division RE: RFP/Q Maint &Repair of Water Wells 1600 Truxtun Avenue, 21"d Floor 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 received after the deadline or at the wrong location will be considered non-responsive, Fax copies wiU not be accepted. Firms submitting an SOQ/P for this project must provide iin 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 CONTRACTOR (Scope of Work) section of this RFQ/P. Page 7 of 20 02115117 CC AGENDA PACKET PG 338 The City will evaluate the PROPOSERs based on the following items: A. The information contained in PROPOSER's SOW submitted in response to this RFQ/P, The City"s evaluation of this information will be based, at least in part, on the requirements for the SOQ/P set forth elsewhere in this RFQ/P. B. PROPOSER's 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. C. Comments received from the City's reference checks. D. PROPOSER's submittall and subjective statements, After reviewing the SOQ/P's submitted by interested firms, the City will develop a short list of firms to be considered. Only after the short list has been prepared, will the Fee Proposals, be considered. The evaluation of the Fee Proposals will be used as secondary consideration in selecting a CONTRACTOR for the project. The submission of a Fee Proposal shall be conclusive evidence that the PROPOSER and its subcontractors 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. The PROPOSER and its subcontractors understand and agree that the City of Bakersfielld shall have no financial responsibility for any costs incurred by the PROPOSER and its subcontractors in responding to this Request for QuMifications and shall not be (liable for any PROPOSER or its subcontractors 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 and Fee Proposals after three (3) days' notice to all prospective PROPOSERS, A sample copy of the City's CONTRACTOR CONTRACT is included as Attachment RFC /P -2. Please ireview the agreement carefully. This is the contract the CONTRACTOR will be expected to execute without alteration. An officer of PROPOSER must sign and return this sample contract with his submittal. The signature indicates that PROPOSER accepts the clauses of the contract, including the indemnity clause, as stated on the enclosed sample copy of the City's agreement. That indemnity clause reads as follows: "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 UTY's sole active negligence or willful misconduct." An Acknowledgment Line, which reads as follows, willl be found on the last page of the sample agreement. PROPOSER must review the sample agreement carefully prior to signing it. Page 8 of 20 02115117 CC AGENDA PACKET PG 339 1 have received and reviewed the sample CONTRACTOR CONTRACT including the INDEMNITY clause which was sent to me with the City's RFQ/P. 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/P. This acceptance is made with the understanding that the Compensation and Time for Completion clauses will be modified to contain the amounts and dates estabiished for this contract," The City will not approve any PROPOSERS's requested modifications to the insurance clause nor the indemnity clause of this contract, Failure to execute the contract without alteration may result in the rejection of the CONTRACTOR's proposal and retaining of a different CONTRACTOR by the City, At the time of contract execution, the CONTRACTOR will be required to provide evidence of insurance coverage (Certificate of Insurance) as specified in the contract. All questions concerning the project, the submittal of a Statement of Qualifications, the Qty's review and evaluation of the SOQ/P's, and the City's selection of a CONTRACTOR for this project should be directed to: City of Bakersfield Water Resources Department Attin, John Ryan, Superintendent 1000 Buena Vista Road Bakersfield, CA 93311 Voice Phone: 661-326-3715 Facsimile: 661-852-2127 ATTACHMENTS TO THIS RFQ/P The following documents are attachments to this RFQ/P: Statement of Qualification Checklist Attachment RFQ/P-1, General Information Sheet Attachment RFQ/P,-2,, Sample Agreement Sample Evaluation Form Page 9 of 20 02115117 CC AGENDA PACKET PG 340 Contractingi Services for Maintenance and Repair of City of Bakersfield Groundl Water Production Wells Bakersfield, California Proposer's Name: " Zim Industries, Inc. dba Bakersfield Well & Plump Company ❑ Proposal submitted to the correct location. El Proposal submitted on time. If either of the above two items were not complied with, the submittal is non-responsive and will not be evaluated. If any of the following items are not included in the submittal, the submittal may be considered non- responsive and dismissed without evaluation, El Copy of SOQ which include the following items� 0 The completed General Information Sheet 0 Description of PROPOSER's management principles, procedures and how they will be applied to this project. 0 Name and experience of PROPOSER's principals who will be responsible for the project. n Name and experience of PROPOSER's key personnel who will work on the project, r7l A list of all current projects, including the amount of PROPOSER's resources allocated to those projects and completion date of PROPOSER's work at that level of allocation, 0 A list of comparable public works or other projects on which PROPOSER has been involved during the past five years. 0 The list should include at least four different clients ❑ A statement of PROPOSER"s approach in designing a project to provide maximum useful life of the project, ❑ A statement of why PROPOSER believes it should be selected for this project, ❑ A list of all subcontractors that PROPOSER will be utifizing on this project. [I A list of PROPOSER's claims history since January 1, 2004 0 List all claims, demands for arbitration and/or law suits filed by PROPOSER, predecessor companies or company officers against project owners or their agents. El List all claims, demands for arbitration and/or law suits filed by project owners, their agents or subcontractors against PROPOSER, predecessor companies, its agents or bonding company in connection with PROPOSER, its officers, its agents or bonding company. 11 A statement of PROPOSER's current insurance coverage signed by a company official, Page 10 of 20 02115117 CC AGENDA PACKET PG 341 Vill. PROJECT FEE PROPOSAL AU firms being mterviewed shall submit a fee proposal based on the Scope of Work described in this RFP, The fee proposal shall be itemized for the following items of the project and shall be of the type indicated, Fixed fees for each task are the total fixed fee for the duration of the two year agreement: . . ......... . . . . .... HOURLY RATE HOURLY RATE HOURLY RATE Overtime DESCRIPTION Straight Time Overtime Sunday& . . . ...... . -- --- . . . ...... . Ain id 2me FlatBed"Fruck �250-00 $375.00 S500.00 R �igj�nd 3 meri- 1 Flat Bed Truck S3WOO $450.00 $600,00 Truck giver Frith Helper Si 55.00 S277.50 $170,00 Eiectrician/Ser0cernan $95,01) S i 42.50 i 90.00 Elect rici an/Servicerna n with Helper $ u 80.00 $270-50 $360-00 Welder $95.00 . .......... .... S 14150 S � 90.00 h H Welder wit r $IMOO S27 �).0 0 $1160,00 §"o M, hinist . . . . ....... . . ........... $65.00 30.00 Shop Labor $4().00 S60-00 $80,010 Hydro Crane and Operator $2 i O.00 $3 15.00 $420,00 Backhoe and Operator S 175.00 $262.50 $350.00 Backhoe and Op Eato with Hek .r .... . ........... Etta . ...... $390,00 $520,00, Rewind motor and Rf aqq,,, qtar pL $4,500.00 �,!�500-!�Q $5.500A)() D-5 Dozer and Operator $210,00 $3 15M0 $420-00 Wefl Measurement S95-00 $190.00 Additional Test pump 1dc rs $200-00 . . . ... .... $30000 S4100.00 S175-00 S262,50 Trenching 'Charge- Ride Trencher di 50-00 $225M0 $300.010 Trenching Charge- ac hoe $175,00 S26150 5350.00 Cernent/Pavement Breaker with Backhoe .... . .. . . . ..... $V75,0() S262.50 S350-00 Jack Hammer .... . .. . .. ... --$-22, 5.00 $300,00 Air Compressor $100.00 $ 50 100 $200,001 Clea 'r Tool $225,00 $300-00 Manufacturer: DiSCOLInt from Manufacturer's List: . . . . .......... 100 "i) . ...... . . ..... . .... Manufacturer: Discount from MarlUfaCtUrer's List: . ...... . ......... . '10() Yo Manufacturer: Discount from Manufacturer's List: . . . . ...... . ..... The fee proposal shall include a statement of the percentage of work, based on fee proposal, that will be performed by personneN from CONTRACTOR'S local office(s). "Local office" is defined as an office wiftri the metropolitan area of Bakersfield that was being continUOUSly operated by the CONTRACTOR 0i' CONTRACTOR's subcontractors on the Pag,e 6 of 20 02115117 CC AGENDA PACKET PG 342 At a meeting of the corporation today, after considerable discussion, the following resolution was moved, seconded and unanimously adopted; Resolved that any of the following Persons, William P. Zimmerer, Robert J. Zimmerer, Curt B. Zimmerer, John C. Zimmerer, Kevin A. Newlen, Brian P. Zimmerer, or Boyd C. Zimmerer be, and they hereby are, authorized without further authorization of the board of directors to enter into and execute on behalf of the corporation any and all contracts to do corporate business for ZIM INDUSTRIES, INC. d.b.a. Bakersfield Well and Pump Company. In witness whereof, I have hereunto set my hand as such Secretary, and affixed the corporate seal of said corporation this 301h day of November 2016, Robert .L'"in rer - Secretary AUTHQRVED SIGNATURES ..... ..... William P. Zimmerer Boyd Zimmerer Brian P'. ZimrMerer 02115117 CC AGENDA PACKET PG 343 [Z I AI �/ \ � K74, in Cl M7 EM 02115117 CC AGENDA PACKET PG 344 Califiornia Department of Industrial Relations - Contact DI R Page I of I NON= Home Ui�fo jw Cak" 4MA SaWy4 Hov4h Cnrrip Sr,tt Apprenki ship, PliLtbfic Wi,,,,)rksi '[,,keg1straboj.( Sea rd Thi,,n is R §Mlrq of CWTOA AM kicljve P taip'dpsftos pt.rwant to 2, Pad 7, t ftnf)W I with sorlet.w 17A! t)ffl'16 t,44foinO U9ber CUU0 �Ofpe ap teA,%rpwp sewch ffftena to Registration year: Next F6cal •OW 2016117 PWC Registration Number: 1000003W8 Contractor Legal NamW ZI�A Nr)IJSTRIES, INC DBA BAKERSHELD WE , L , L x,1,15,v lo�,Aug License Number: 440537 County, KERN Search Results One registered 0oretractor foLnd 1 Details Legal Name ZP M llviL- DRA BAKERSMELD VVEU, & FUMP Vorw Expalf as, I P4,M" "Wrabon County City Rea(stration Expiration Number nato Date 1000003978 KrRN BA K E,)R 5 F I U, L 0 05/04120U', 06130/20-17 u2'20160101 A it, D t R il, "N"Uh, J'�', UrfN,SIIq), 011'1 I.�, " 1 t kl!, copyr,qht ,dJ 20,15 MOO of C 0411MO, 5/5/2016 https:Hef i I ing A ir.ca.gov/11 WC R/ Search. action 0-2111 —"�//l 7 CC AGENDA PACKET PG 345 / \ LU U. w le Z � \� cl / / 4, 0 §$& < 2 O NM< 0 02115117 CC /SEND/ JACKET PG /46 Lic Nbr/Class 17 00035251 CONTRACTORS Issue date 5/23/16 Expiraliondaw .: 6/30/17 BAKERSFIELD WELL & PUMP CO 7212 FRUITVALE AVE BAKERSFIELD CA 93308.0000 Owner/Officer !IM INDUSTRIES ZIMMERER, JOHN VP Sul flsllr A CA ll,HkZY LA; I, `(""k J, "'j IAX Gr,,FlTW X ,X'Y',L)U( BLOSi�k"Vi's IF i I"'Iu 1 Wmll ,�' L, Vvs /!,� k, Mi, A0, A', "R F"O" "AM Iran utl,bll� °IPa,e, Dl F Ma' 0' ,,,NO r,,� TF2,,AN JJ,HAVJ4,I 6 "Z// . .. . ... . . . . . 02115117 CC A GENDA PA CKET PG 34 7 December 2, 2016 RE: Zim Industries, Inc. dba Bakersfield Well! & Pump Co. To Whom It May Concern: The above noted client is in excellent standing with Alliant Insurance services, Inc. ImAlhant A /11,17E R A S& Alhant Insui-ance Services, 4ic 2355 Gold Mea dog v Way SuOe 250 Gold Rwer, CA 95670 CA License No, OC36861 wwwafliant.ccm Zim Industries, inc. dba Bakersfield Well & Pump Co. current limits of insurance meet or exceed your requirements of $1,000,000 for the following coverage.- General Liability insurance, Automobile Liability insurance, and Workers Compensation insurance. If you have any questions or need any additional information please do not hesitate to contact our office. Sincerely, Tracy M. Dolan AAI, CISR, ACSR Assistant Vice President /Account Executive Commercial/Corporate Risk Alliant Americas D 916 210-0317 F 916 210-0343 C 916 709-9683 02115117 CC AGENDA PACKET PG 3 48 ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Consent - Miscellaneous x. TO: Honorable Mayor and City Council FROM: Lyle D. Martin, Chief of Police DATE: 1/24/2017 111-11 V 03 SUBJECT: Appropriate $15,000.00 Federal Grant Revenues (2016 Sex Offender Registration and Notification Act (SORNA) Reallocation funded through the Edward Byrne Memorial Competitive Grant Program of the U.S. Department of Justice) to the General Fund Police Operating Budget, to purchase equipment and provide training to enhance sex offender registration and notification processes. Staff recommends approval of the appropriation. BACKGROUND: The Bakersfield Police Department (BPD) has been awarded a grant, in the amount of $15,000.00, from the California Department of Justice Sex Offender Registration and Notification Act (SORNA). SORNA is a pilot project funded through the 2016 Edward Byrne Memorial Competitive Grant Program of the U.S. Department of Justice. The purpose of this grant is to provide supplementary resources to agencies responsible for facilitating sex offender registration and community notification. The BPD will utilize grant funds to: purchase a monitor and two scanners to enhance the registration process. The grant will also provide training for department personnel in sex offender registration practices and compliance. The BPD requests an appropriation of $15,000.00 to the General Fund Police Operating Budget, to purchase equipment and provide training to enhance sex offender registration and notification processes. 02115117 CC AGENDA PACKET PG 349 ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Consent - Miscellaneous y TO: Honorable Mayor and City Council FROM: Lyle D. Martin, Chief of Police DATE: 2/2/2017 111-11 N 03 SUBJECT: Distribution of $222,070 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. Staff recommends approval of the distribution. BACKGROUND: The 2011 Public Safety Realignment, Assembly Bill AB 109 and AB 117, transferred the responsibility for incarcerating adult offenders of non-serious, non-violent or non-sex offenses to county jails instead of State prison. Additionally, AB 109 authorized the early release and probation of certain individuals incarcerated in the state prison system for non-violent offenses. The 2011 Public Safety Realignment was funded with a dedicated portion of state sales tax revenue and Vehicle License Fees outlined in trailer bills AB 118 and SB 89. However, this funding only applied to county jails and probation. Recognizing the need for state support for city law enforcement agencies due to the steady erosion of funding for city police agencies over the last several years, State funding has been provided to city police departments to enable front- line intervention services in each county since the 2013 Budget Act. As part of the 2016 State Budget Act, $20,000,000 was allocated to cities to increase positive outcomes between municipal law enforcement and high-risk populations. Award amounts were determined based on a combination of factors, including the size of police departments in each county and mental health and homeless population data. Local law enforcement agencies may use the funds to supplement the following activities: homeless outreach teams, crisis intervention training for officers, gang resistance education and training, drug endangered children outreach to high-risk youth, youth diversion programs and gang and violence prevention programs. Consistent with historical practice for this allocation, the City of Bakersfield Police Department is the fiscal agent for local disbursement. On January 25, 2017 the City received an electronic distribution from the BSCC in the amount of $342,075, and has since placed these funds in a trust account. The equitable distribution of these funds among the municipalities, contract cities 02115117 CC AGENDA PACKET PG 350 and special districts in the county as identified by the BSCC, was determined by a consensus of the Chiefs of Police of each city and special district within Kern County and the Kern County Sheriff. The distribution outline within this administrative report was agreed upon by the following local law enforcement executives: Chief Jerry Brckinridge, Arvin Police Department; Chief Lyle Martin, Bakersfield Police Department; Chief Jeff Kermode, Bear Valley Police Department; Lieutenant Frank Huizar, California City; Chief Mark Derosia, Delano Police Department; Chief Scot Kimble, City of McFarland; Sheriff Donny Youngblood, Kern County Sheriff's Office; Chief Ronald Strand, Ridgecrest Police Department; Chief Kevin Zimmerman, Shafter Police Department; Chief Gary Crowell, Stallion Springs Police Department; Chief Ed Whiting, Taft Police Department; and, Chief Kent Kroeger, Tehachapi Police Department. The agreed upon distribution is as follows: County of Kern (Services to Maricopa and Wasco) $ 26,660 City of Tehachapi (Regionally with Bear Valley and Stallion Springs) $ 26,660 City of McFarland (Regionally with Delano) $ 53,330 City of Shafter $ 17,715 City of Taft $ 26,660 City of Arvin $ 17,715 City of Ridgecrest (Regionally with California City) $ 53,330 City of Bakersfield $120,005 Total Distribution $342,075 At this point in time, the BPD seeks City Council approval for the distribution of BSCC funds from the City trust fund to the agencies listed above in the collective amount of $222,070. The remaining balance of $120,075 is designated for the BPD, and will be brought forward for appropriation at a later date. 02115117 CC AGENDA PACKET PG 351 ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Consent -SuccessorAgency Business z. TO: Honorable Mayor and City Council FROM: Nelson K Smith, Finance Director DATE: 2/3/2017 111-11 V 03 SUBJECT: Receive and file SuccessorAgency payments from January 13, 2017 to February 2, 2017 in the amount of $321,700.26. STAFF RECOMMENDATION: Staff recommends report be received and filed. BACKGROUND: The City administers payment of Successor Agency enforceable obligation payments as authorized by the State Department of Finance (DOF) to further the dissolution of the former Bakersfield Redevelopment Agency. The Successor Agency submits a Recognized Obligation Payment Schedule (ROPS) to the Bakersfield Oversight Board and the DOF every six (6) months for approval. All payments of the Successor Agency must be on this approved listing in order to be valid and authorized payments of the Successor Agency A check register is provided which summarizes the transactions processed during the above referenced period. Additional details are provided below for each transaction. Check #9993636 to The Bank of New York for $98,236.80 is a payment for US Government Section 108 Note interest due. Payment approved as ROPS 16-17B, line item #7-8. Check #9993637 to US Bank Trust NA for $125,323.54 is a payment for (BANK Loan Sales Agreement #Cl EDB-B08-083. Payment approved as ROPS 16-17B, line item #18. Check #9993638 to US Bank Trust for $98,139.92 is a payment for Tax Allocation Bonds Series 2009A & B interest due. Payment approved as ROPS 16-17B, line item #6 and #17. ATTACHMENTS: Description D S/kCheck Regi'isteir/kdirNin .a...'1 5 2017 Type BackU IMateir4� 02115117 CC AGENDA PACKET PG 352 2/3/2017 AP - CHECK REGISTER - SUCCESSOR AGENCY FROM 1 1/13/2017 TO 2/02/2017 CITY OF BAKERSFIELD - Successor Aaencv Pavments Check Number Vendor Number Vendor Name Payment Date Check Amount 0003636 22730 THE BANK OF NEW YORK Jan 20, 2017 $0$,236.80 0003637 15633 U S BANK CR:US BANK TRUST NA Jan 20, 2017 $125,323.54 0003638 24033 U S BANK TRUST Jan 20, 2017 $0$,130.02 3 $321,700.26 E- Payables E- Payables Number Vendor Number Vendor Name E- Payable Date Amount 0.00 07 Disbursement Total $0.00 3 $321,700.26 02115117 CC A EN A PACKET FAG 353 ADMINISTRATIVE REPORT MEETING DATE: 2/15/2017 Hearings 10. a. TO: Honorable Mayor and City Council FROM: Jacqelyn R. Kitchen, Community Development Director DATE: 1/10/2017 111-11 V 03 SUBJECT: Resolution making findings and updating the Capital Improvement Plan for the existing Metropolitan Bakersfield Habitat Conservation Plan. A finding that the project is exempt from CEQA will also be considered. (continued from the 01104117 meeting) STAFF RECOMMENDATION: Staff recommends adoption of resolution. BACKGROUND: This item was continued from the January 4, 2017 City Council meeting. This item was opened and remains open to receive public comments. This report constitutes the annual review and update of the Capital Improvement Plan (CI P) for the existing Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) in accordance with California Government Code Section 66002. The MBHCP is a jointly administered Plan by both the City and the County of Kern. The original MBHCP was approved by the City Council on August 25, 1993 and consisted of an Implementation/Management Agreement and an Incidental Take Permit. The Plan officially became operational in August 1994, following final approval by the California Department of Fish and Wildlife and the U.S. Fish & Wildlife Service. The original take permit expired on August 24, 2014 and a new interim permit was issued on August 25, 2014 to allow for the continued implementation of the MBHCP through September 1, 2019. The purpose of the MBHCP is to provide a means for individuals and developers in the metropolitan Bakersfield area to avoid costly project-specific mitigation in complying with State and Federal Endangered Species Acts and to facilitate connected and effective conservation efforts. The Plan describes the estimated costs of the program and indicates the extent and types of facilities (land) to be acquired with the funding source. It also serves as the Cl P for the MBHCP. The program is self-supporting and requires no support funds from the City or County. 02115117 CC AGENDA PACKET PG 354 Developers currently pay a $2,145-per-acre mitigation fee at grading plan approval to compensate for direct and indirect impacts on endangered species habitat from urban development. These funds are used to purchase and manage habitat lands consistent with the City's implementing agreements with the U.S. Fish and Wildlife Service and California Department of Fish and Wildlife. This fee also covers program administration, endowment for fencing, and maintenance and is tied to the automatic cost-of-living increases by the State. The MBHCP is administered by the MBHCP Implementation Trust Group under a joint powers agreement between the City and Kern County. The MBHCP Implementation Trust Group is comprised of representatives from both the City and County, advisory members from the California Department of Fish and Wildlife and the U.S. Fish and Wildlife Service, and includes an at-large public member. The CIP, under the Trust Group's administration, has operated successfully in meeting the program's obligations under the terms of the agreements with the U.S. Fish and Wildlife Service and the California Department of Fish and Wildlife. Over 24,163 acres of endangered species habitat land have been credited to the implementation of the MBHCP. The program has acted to acquire 310 acres of habitat mitigation land in 2016 due to extended property negotiations. In years past, sufficient lands have been acquired to maintain the 1:1 ratio requirement that for every one acre of development on open land, one acre of habitat land must be acquired. The program has remained in compliance with the "take" as required by Federal and State Law, and agreements. Therefore, no changes to the CIP are recommended and this update is a confirmation of the present Plan. Staff will continue to monitor the adequacy of the Cl P to ensure that the program meets its legal obligations. Staff has deteremined that the annual update of the MBHCP CIP is categorically exempt from the requirement for the preparation of environmental documents pursuant to Section 15308 of the CEQA Guidelines, since the MBHCP assures the protection of the environment to comply with State and Federal Endangered Species Acts. Staff recommends adoption of the resolution updating the Cl P for the MBHCP. 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WHEREAS, on August 25, 1993, the City Council adopted a Capital Improvement Plan for the Metropolitan Bakersfield Habitat Conservation Plan ( MBHCP) program area in order to mitigate impacts that occur due to land development within the Metropolitan Bakersfield plan area, as shown on attached Exhibit "A;" and WHEREAS, the adopted Capital Improvement Plan was incorporated in the Implementation Management Agreement and MBHCP document, indicating the approximate location, size, time of availability, and estimates of cost for all facilities or improvements; and WHEREAS, Government Code §66002(b) provides for an annual update of the Capital Improvement Plan by the governing body of the local agency (City Council); and WHEREAS, this project is categorically exempt from the requirements for preparation of environmental documents pursuant to Section 15308 of the State CEQA Guidelines since the MBHCP assures the protection of the environment to comply with the State and Federal Endangered Species Acts; and WHEREAS, a notice of public hearing on this matter was published in accordance with the requirements of Government Code Section §66002(b); and WHEREAS, on February 15, 2017, the City Council conducted a public hearing on the update of the Capital Improvement Plan and heard and considered testimony and received evidence from all persons desiring to be heard. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield; as follows: The above recitals are true and correct. 2. All required public notices have been given. 3. The Council finds this project is categorically exempt under Section 15308 of the State CEQA Guidelines. 4. Having considered the present Capital Improvement Plan, this Council hereby updates that plan by confirming that no changes need be made to carry out the purpose of the plan. --- - - - - -- 000-- - - - - -- 02115117 CC AGENDA PACKET FCC 38 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: RIVERA, GONZALES, WEIR, SMITH, , SULLIVAN, PARLIER KAREN GOH Mayor of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney PAMELA McCARTHY, MMC INTERIM CITY CLERK Council of the City of Bakersfield Attachments: Exhibit A - Project Area Map jk:mo / S: \MBHCP \MBHCP CIP \2016 \res- hcp -cc 1- 4- 16.docx 02115117 CC AGENDA PACKET FCC 381 Exhibit A: Project Area ATY OF WASCO "I , 10WAV , RCAS NWID WA RD KIMBEDUNA RD nn� DA BC"mIN�iiiii00000, HWY > E -ENDD �z AlE�C, I I I ]", ., ERA U-RMRC D, SAN RW. 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TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Community Development Director DATE: 1/20/2017 &1[11 1.1 SUBJECT: Appeal by the "Neighbors for a Safe Valley Plaza" of the January 10, 2017 decision of the Board of Zoning Adjustment to approve a Conditional Use Permit to allow alcohol sales/consumption in a movie theater in a C-2 (Regional Commercial Zone) district, located at 2000 Wible Road. Staff recommends adopting a resolution approving Conditional Use Permit No. 16-0421, as recommended by Staff and subject to the listed conditions of approval in Exhibit A of the attached resolution. BACKGROUND: This project is a request by F. Michael Ayaz, representing Consolidated Entertainment LLC dba Reading Cinemas Valley Plaza, the business owner, for a conditional use permit to allow alcohol sales and consumption in all 16 auditoriums and common areas of the existing Reading Cinema located adjacent to the Valley Plaza Mail. This request is the first of this type within the City of Bakersfield. Therefore, upon receipt of the application, Staff consulted with the Bakersfield Police Department, the City Attorney, and reviewed other similar operations throughout the State in order to determine the appropriate operational conditions for this type of use. The project was scheduled for consideration by the BZA on January 10, 2017 and Staff recommended approval of the CUP to allow limited alcohol sales in 3 theaters only, and subject to several operational conditions of approval. However, the CUP was approved to allow alcohol sales in all 16 theaters and in all common areas (see BZA Resolution 17-01). An appeal of the BZA decision was filed on January 18, 2017 (see Appeal Request). PROJECT DETAILS Proposed Project. The project is a request to allow alcohol (beer, wine, and distilled spirits) sales/ consumption in a mixed-age, 16-auditorium Movie Theater in a C-2 (Regional Commercial 02115117 CC AGENDA PACKET PG 383 Zone) district. The applicant is also pursuing a Department of Alcohol Beverage Control (ABC) Type 47 license (consumption of alcohol on premise in an eating place). The project site is the Reading Cinemas Valley Plaza located at 2000 Wible Road. Surrounding properties consist of a regional mail to the north, multiple-family dwellings to the east, single- family dwellings and general retail to the south, and general retail to the west. Conditional Use Permit. Movie theaters and cinemas are permitted as a primary use in the C- 2 district. Additionally, restaurants are permitted as a primary use in the C-2 district, and may include on-site alcohol sales when served incidental to the serving of food. A movie theater does not serve meals with the same mode of operation as a bona fide restaurant. Therefore, the request to sell/ consume alcohol in a movie theater is subject to approval of a conditional use permit. Staff Analysis. In preparing the project for consideration by the BZA, the Bakersfield Police Department provided crime statistics for the site, located in Reporting District (RD) 171 (see Crime Stats). During the dates of December 14, 2014 thru December 13, 2016, the total number of Part 1 offenses Citywide was 35,369 with RD 171 reporting 1,194. Staff notes there are a total of 259 Reporting Districts Citywide. Part 1 crimes are classifications created by the FBI and include homicide, forcible rape, aggravated assault, robbery, burglary, larceny/theft, motor vehicle theft and arson. The average number of Part 1 offenses per reporting district is 136; consequently, since the number of offenses in RD 171 exceeds 20% above the average (163), the area is considered a High Crime Reporting District. Staff also reviewed similar requests considered by other jurisdictions such as the City of Santa Monica, City of Norwalk, and Contra Costa County. There were various requirements imposed by different jurisdictions which Staff determined would not be applicable for the current request; however, could have relevance. Examples of those conditions are listed in the "Example Conditions of Approval from Other Jurisdictions." The following conditions of approval were recommended by Staff to ensure alcohol is managed responsibly: Consumption Requirements. Consumption of alcoholic beverages shall be subject to the following operational conditions: Consumption of alcoholic beverages shall be limited to the three designated theaters only and is prohibited within any other area of the premises, including the common areas and off-premise. Sales Requirements. Sales of alcohol sales beverages shall be subject to the following operational conditions: Alcoholic beverage sales shall be limited to the Auxiliary Concession Stand as identified on Exhibit C and shall be used in conjunction with the related food service concessions. Alcoholic sales are permitted from 9:00 am to 1:00 am or no later than up to the last half hour of the last movie showing, whichever occurs earlier. The theater use may continue to operate without alcohol service beyond the hours specified for alcohol service. No more than two alcoholic beverages shall be sold or served to any one person during 02115117 CC AGENDA PACKET PG 384 any transaction. Security Requirements. The premises shall continuously adhere to the Security operational conditions listed below: While the privileges of this permit are being exercised, the permit holder shall provide and maintain the minimum number of uniform security personnel to patron ratio inside the premise. Proprietary private security officers (as defined in Chapter 11.4, commencing with Section 7574) Division 3 of the Business and Professions Code. All proprietary security officers shall comply with Business and Professions Code 7574.2 and register with the Department of Consumer Affairs. This minimum ratio shall be at least one [1] security person for each of the three designated theaters, plus one general personnel for every fifty [50] patrons. The permit holder shall require that a minimum of one [1] security person posted at each entrance, therein and prevent any activity which would interfere with the quiet enjoyment of property belonging to nearby residents or businesses. Uniformed security shall be provided anytime the privileges of this permit are being exercised, until 30 minutes after closing. General Requirements. The premises shall continuously adhere to the general Operating Conditions listed below: • Loitering is prohibited on the premises or areas under the control of the permit holder. Environmental Review and Determination. This project has been found to be exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines Section 15301 Class 1 (Existing Facilities) and the City of Bakersfield's CEQA Implementation Procedures. Board of Zoning Adjustment. This project was first considered by the Board of Zoning Adjustment on December 13, 2016. Comments were received from Nazar Kooner, Mickey Collins, and David McGee who spoke in opposition raising concerns with the potential availability of alcohol to minors. Additionally, there were concerns that alcohol, coupled with violent movies, could aggravate the number of assaults in an area already prone to this type of violence. Due to the complexity of the project and interest of the public, Staff recommended the Board continue consideration to January 10, 2017. At the January meeting, comments were received from Nazar Kooner and Mickey Collins. Mr. Kooner noted there are three temples nearby and the area is a place for teenagers to gather. Therefore, he questioned how the applicant can prevent underage individuals from obtaining alcohol in a movie theater. Mr. Collins stated he represents a group of 20 neighborhood watch individuals who have concerns with alcohol being served where underage children are present. Additionally, Mr. Collins stated alcohol would lead to an increase in unlawful activities and disturbance of the peace. The Board also considered comments from Mike Ayaz, the applicant for Reading Cinemas, and Ken Gillich, Sr. Director of Food and Beverage for Reading Cinemas. Mr. Ayaz stated he has been working to ensure safety concerns are adequately addressed and acknowledged that serving alcohol in movie theaters is a new concept for Bakersfield, but has been implemented in other theaters throughout California and nationally. Mr. Gillich stated his company employs protective measures to ensure alcohol is managed correctly and noted that 02115117 CC AGENDA PACKET PG 385 Reading Cinemas has been selling alcohol in theaters for 15+ years with no violations. Mr. Gillich also offered information on monitoring alcohol sales through the use of WeScan, wristbands, distinctive drinking cups, and employee awareness. Mr. Ayaz requested the Board make changes to Staff's recommendation as follows: • Increase the number of auditoriums for alcoholic sales/consumption from three to all sixteen. • Allow consumption in all common areas as patrons walk to the auditoriums. • Increase amount of wine to be sold from 8 to 12 ounce quantities. • Reduce the recommended ratio of private security personnel from 1 per auditorium serving alcohol, to a fixed number of 4 total personnel. • Limit the number of drinks served to an individual to two drinks during a 12-hour period. The public hearing portion was closed and the Board deliberated before approving the project per the applicant requested revisions, by a vote of two in favor and one opposed. Attached is a full list of changes made at the BZA meeting. APPEAL An appeal of the Board's decision by the "Neighbors for a Safe Valley Plaza" was received in the City Clerk's office on January 18, 2017. Neighbors for a Safe Valley Plaza consists of Charles Weimer (resides 170 feet to the south), and Richard and Betty Hartje (resides 400 feet to the south). In their appeal, the appellants state that the consumption of alcohol at Reading Cinemas will lead to potential negative effects to the surrounding community, which includes: (1) increased criminal activity; (2) intoxicated driving; and (3) loitering and vandalism. CONCLUSIONS Necessary Findings. Section 17.64.060.0 of the Zoning Ordinance contains specific findings that must be made by the decision-making body to approve the requested conditional use permit. Specifically, the section states that a conditional use permit shall be granted only when it is found that: 1. The proposed use is deemed essential or desirable to the public convenience or welfare; and, 2. The proposed use is in harmony with the various elements and objectives of the general plan and applicable specific plans. Section 17.64.060.D also states that a conditional use permit may be subject to such conditions as deemed appropriate or necessary to assure compliance with the intent and purpose of the zoning regulations and the various elements and objectives of the general plan and applicable specific plans and policies of the city or to protect the public health, safety, convenience, or welfare. Overall Recommendation. Overall, Staff finds that, with incorporation of the specific conditions of approval as originally recommended by Staff, the necessary findings can be met. Therefore, Staff recommends approving Conditional Use Permit No. 16-0421, subject to the conditions of 02115117 CC AGENDA PACKET PG 386 approval. ATTACHMENTS: Description D ReSdUtblrl D �BZ/k Resokltblrll 7 01 D �BZ/k Chainges to Recoirnirneinded Coin6doins D /kppea�� Re(jUest D Cidirne Stats D Exairnple Coin6doins D to PoweirP6int Ipireav >entatiion D Mateir4 SdbirNtted Iby apphcaint (1) D Mateir4 SdbirNtted Iby apphcaint (2) D Mateir4 SdbirNtted Iby apphcaint (3) Type Resokltblrl BackU IMateir4� BackU IMateir4� BackU IMateir4� BackU IMateir4� BackU IMateir4� Piresentadon Correspondence Correspondence Correspondence 02115117 CC AGENDA PACKET PG 387 Resolution 02115117 CC A EN A PACKET FAG 388 RESOLUTION NO. A RESOLUTION OF THE BAKERSFIELD CITY COUNCIL APPROVING CONDITIONAL USE PERMIT NO. 16 -0421 (APPEAL) TO ALLOW ALCOHOL SALES AND CONSUMPTION IN A MOVIE THEATER IN A C -2 (REGIONAL COMMERCIAL ZONE) DISTRICT LOCATED AT 2000 WIBLE ROAD (WARD 7). WHEREAS, F. Michael Ayaz filed an application with the City of Bakersfield Community Development Department for a conditional use permit to allow alcohol sales and consumption in a movie theater in a C -2 (Regional Commercial Zone) district (I 7.64.020.B) located at 2000 Wible Road (the "Project "); and WHEREAS, the Project is exempt from the requirements of the California Environmental Quality Act (CEQA) because the project does not have the potential to cause a significant effect on the environment in accordance with State CEQA Guidelines Section 15301 Class 1 (Existing Facilities); and WHEREAS, the Board of Zoning Adjustment approved the conditional use permit on January 10, 2017, and the decision was appealed by the "Neighbors for a Safe Valley Plaza" on January 18, 2017; and WHEREAS, the Clerk of the City Council set Wednesday, February 15, 2017, at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider the appeal as required by Government Code Section 65355, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, and the Board of Zoning Adjustment's deliberation and action. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: 1. The proposed use is essential and desirable to the public convenience and welfare. 2. The proposed use is in harmony with the various elements and objectives of the Metropolitan Bakersfield General Plan. 3. The Project is exempt from the requirements of California Environmental Quality Act. 4. The Project is hereby approved subject to the conditions of approval in Exhibit A and as shown in Exhibits B and C, which are incorporated herein. --- - - - - -- 000-- - - - - -- 02115117 CC AGENDA PACKET FCC 389 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on by the following vote: AYES: NOES: ABSTAIN: ABSENT: APPROVED COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH, ------ - - - - -, SULLIVAN, PARLIER COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney Exhibits: A Conditions of Approval B Location Map C Site Plan PAMELA McCARTHY, MMC INTERIM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 14 02115117 CC A EN A PACKET FAG 390 Exhibit A (Conditions of Approval) 02115117 CC A EN A PACKET FAG 391 EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit No. 16 -0421 The applicant's rights granted by this approval are subject to the following provisions: • The project shall be in accordance with all approved plans, conditions of approval, and other required permits and approvals. All construction shall comply with applicable building codes. • All conditions imposed shall be diligently complied with at all times and all construction authorized or required shall be diligently prosecuted to completion before the premises shall be used for the purposes applied for under this approval. • This approval will not be effective until ten (10) days after the date upon which it is granted by the BZA to allow for appeal to the City Council. Any permit or license for any approval granted shall not be issued until that effective date. • This approval shall automatically be null and void two (2) years after the effective date unless the applicant or successor has actually commenced the rights granted, or if the rights granted are discontinued for a continuous period of one (1) year or more. This time can be extended for up to one (1) additional year by the approving body. • The BZA may initiate revocation of the rights granted if there is good cause, including but not limited to, failure to comply with conditions of approval, complete construction or exercise the rights granted, or violation by the owner or tenant of any provision of the Bakersfield Municipal Code pertaining to the premises for which the approval was granted. The BZA may also consider adding or modifying conditions to ensure the use complies with the intent of City ordinances. • Unless otherwise conditioned, this approval runs with the land and may continue under successive owners provided all the above mentioned provisions are satisfied. II. The following conditions shall be satisfied as part of the approval of this project: 1. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and /or property owner and /or subdivider ( "Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners and boards ( "City" herein) 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, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. 02115117 CC AGENDA PACKET FCC 392 CUP# 16 -0421 Page 2 of S The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. 2. This conditional use permit authorizes the sales /consumption of alcohol, as a secondary and incidental use and subject to the conditions of approval listed herein, at a movie theater in a C -2 (Regional Commercial Zone) district located at 2000 Wible Road. The primary use of the premises shall be a movie theater and alcohol sales shall be limited to patrons who are admitted to the theater for that purpose. 3. Prior to the initial commencement of alcohol sales and on January 1st (or the first Business Day thereafter) of each Calendar Year thereafter, the project operator shall submit a written Annual Report to the Community Development Department describing methods for adherence to the Operational Conditions listed below, specifically Conditions 4, 5, and 6. 4. Consumption Requirements. Consumption of alcoholic beverages shall be subject to the following operational conditions: a. Consumption of alcoholic beverages shall be limited to a maximum of three designated theater auditoriums and each auditorium shall be appropriately labeled. Prior to the initial commencement of alcoholic sales, the applicant shall provide the Community Development Department with a written statement of the three designated theaters and a signage plan. The applicant is responsible for providing an updated for City review prior to any future change of one or more of the designated theaters. b. Consumption of alcoholic beverages shall be limited to the three designated theaters only and is prohibited within any other area of the premises, including the common areas and off premise. C. Guests may not bring or leave the premises with any alcoholic beverages. 5. Sales Requirements. Sales of alcohol sales beverages shall be subject to the following operational conditions: a. Alcoholic beverage sales shall be limited to the Auxiliary Concession Stand as identified on Exhibit C and shall be used in conjunction with the related food service concessions. b. Alcoholic sales are permitted from 9:00 am to 1:00 am or no later than up to the last half hour of the last movie showing, whichever occurs earlier. The theater use may continue to operate without alcohol service beyond the hours specified for alcohol service. C. No more than two alcoholic beverages shall be sold or served to any one person during any transaction. 02115117 CC A EN A PACKET FAG 393 CUP# 16 -0421 Page 3 of S d. Beer and mixed drinks shall not be served in quantities that exceed 16 ounces, and wine shall not be served in a quantity that exceeds 8 ounces. e. Alcoholic beverages shall be sold and served in containers, which significantly differ in appearance from those containers utilized for non - alcoholic beverages. This condition does not preclude the service of alcohol beverages in their original containers. The use of WeScan ID verification or similar database shall be used for all alcohol sales. g. Eligible moviegoers consuming alcohol shall wear a distinctive colored band attached to their wrist by a qualified /trained employee. Colors shall be changed daily and at random. 6. Security Requirements. The premises shall continuously adhere to the Security operational conditions listed below. a. The owner, manager, or person in charge of the establishment shall be 21 years or older. At least one (1) such person shall be present on the premises at all times. b. * While the privileges of this permit are being exercised, the permit holder shall provide and maintain the minimum number of uniform security personnel to patron ratio inside the premise. Proprietary private security officers (as defined in Chapter 11.4, commencing with Section 7574) Division 3 of the Business and Professions Code. All proprietary security officers shall comply with Business and Professions Code 7574.2 and register with the Department of Consumer Affairs. This minimum ratio shall be at least one (1) security person for each of the three designated theaters, plus one general personnel for every fifty [50] patrons. The permit holder shall require that a minimum of one (1) security person posted at each entrance, therein and prevent any activity which would interfere with the quiet enjoyment of property belonging to nearby residents or businesses. Uniformed security shall be provided anytime the privileges of this permit are being exercised, until 30 minutes after closing. C. * During operating hours, all security personnel shall wear clothing that clearly identifies them as "SECURITY" on the front and back of their shirt. During operating hours, employees shall wear clothing and /or a name plaque that identifies them as an employee of the establishment. During operating hours, all establishment employees and security personnel shall cooperate with law enforcement officers who are conducting official investigations on the premises. d. * The permit holder shall ensure that reasonable efforts are made to prevent the admission of any person whose conduct is described in Penal Code section 415 (fighting, loud noise, offensive words in public places) or section 647 (disorderly conduct) on the premises, parking lots and all other areas of the establishment controlled by the permit holder. The permit holder shall make reasonable efforts to remove persons exhibiting such conduct from the establishment. 02115117 CC AGENDA PACKET FCC 394 CUP# 16 -0421 Page 4 of S e. Theater employees shall conduct auditorium inspections no more than 30 minutes apart to monitor for compliance with the conditions of approval. * The permit holder shall ensure the Bakersfield Police Department is contacted immediately in the event any minor on the premises attempts to obtain an alcoholic beverage through false pretenses. g. * Excessive service responses from any City of Bakersfield Department or Division to the permit holder's establishment could result in an investigation being instituted by the Bakersfield Police Department Vice Detail. The results of this investigation could result in additional conditions being placed on the permit, or revocation. 7. General Requirements. The premises shall continuously adhere to the general Operating Conditions listed below. a. * The permit holder shall comply with all operating conditions imposed by the California Department of Alcoholic Beverage Control (ABC). Should a conflict occur between the ABC requirements and the conditions of approval, the more restrictive shall prevail. b. All employees shall go through the Licensee Education on Alcohol and Drugs (LEAD) program and /or the Training for Intervention Procedures (TIPS) program administered or otherwise approved by the California Department of Alcohol Beverage Control. C. Employees dispensing alcohol must be 21 years or older; employees serving must be 18 years or older. d. The permit holder shall obtain all required permits and approvals for alcohol sales and on -site consumption, prior to commencement of service. e. * A copy of the conditions of approval for Conditional Use Permit No. 16 -0421 shall be posted in a conspicuous place along with the establishment's issued business license and the California Department of Alcoholic Beverage Control license, and shall be presented to any peace officer or any authorized City official upon request. f. Window or other signage visible from the public right -of -way that advertises alcohol shall not be permitted. g. The following alcohol - related signs shall be prominently posed in a readily visible manner in English, Spanish, and the predominant language of the patrons: "California State Law prohibits the sale of alcoholic beverages to persons under 21 years of age "; ii. No Loitering or Public Drinking "; and iii. "It is illegal to possess an open container of alcohol in the vicinity of this establishment ". 02115117 CC A EN A PACKET FAG 39.E CUP# 16 -0421 Page S of S h. * The permit holder shall ensure that all City fees associated with the premises are current and paid in full. i. * The establishment's maximum occupant load number shall be posted over every door, which exits outside the premise. The permit holder shall not allow the number of occupants inside the premise building to exceed the establishment's maximum occupant load, as determined by the Development Services Director or his designee and /or the Fire Chief or his designee. k. * Loitering is prohibited on the premises or areas under the control of the permit holder. I. The movie theater shall enforce the facility's policies as stated in the Operational Procedures & Policies provided in association with this Conditional Use Permit. * These conditions of approval are associated with standard conditions for Cabaret Permits; minor revisions have been made for site specific setting. 02115117 CC A EN A PACKET FAG 396 Exhibit B (Location Map) 02115117 CC A EN A PACKET FAG 397 C) C) 10 to 3. 0 g z LU U) LL 04 M E E 19 E E E Z o — , LU - w . . . 7z . = s= t= N- r- s = o£— - - w I �§ j 3 E —i LU 15 E �5 & . �g T I m 2 ' o E! 9 7 is (11VaGVO T 10 (INOVYVI(I IS NIAIVO ic) oavyvo is 3NIV13 1? 10 3N0ISNOVIO NJ 0816v0 NI OHiSVO Z 0 ♦L IS 31VOV dl-n-7 13G cr LU is A870,0 x w — 10 b3H d 1618 0 a NON all 3-1131M 66 I? LU LL U) 10 831CINVHD "av'o HO-�-d LU E s w — 731(INVHD > w � 3] H 0_�_d < > < I? LL co co 0 CL 0 z < > z 0 of O N N < u) w of uj =01 0 3: w c/) L) uj 0 1 02115117 CCA,—A JACKET PG 39 Exhibit C (Site Development Plan) 02115117 CC A EN A PACKET FAG 399 MIN JOU SO ITS M r m tin fl� 6 I- 4, R 6 ;I y 0 'J, 4 7� r 4, 77 R MY l 1111 ED Z :LLE-11f H 16 1 3 1 ILI 1,11111, ILILLI I.MU 1010 LUIR ffo�fj_ U .1 THUD MILL M U 1 1:MJ "J tnii i . -f.-rir.j ma j-L LILL cra Am, Elul Ows anat *14 IiLff1 1111 I too A 31 VAT W . . . ..... R 1 Oki', mm HIM Roo Z4 .... ....... "Ask, #K M7 4M U O,e wi ITUTEr, ITjJ-f -11,110 11 TV. UTUT T1JTD IJAJ I r� I�, r PM I L -b I 11X -11 cr r., nuir onn 1111114 . MITEUL� crrilmm EE ATT."MT ]JUT I FT [7-7 1 FIJ.Q�� f, 7j �M-I- 4 —vr M-IT T tow, Z 14"PRAMPIAM& 6i��1Prk �J ?,1111" frrr:),,,,�,,�� rr.TT 12 ............................... �Ll IT. rEft, cu o"e; W SAW 02115117 CC AGENDA PACKET PIS 400 Board of Zoning Adjustment Resolution 17 -0 02115117 CC A GENDA PACKET FAG 401 RESOLUTION NO. 17 -01 RESOLUTION OF THE BAKERSFIELD BOARD OF ZONING ADJUSTMENT APPROVING A CONDITIONAL USE PERMIT TO ALLOW ALCOHOL SALES /CONSUMPTION IN A MOVIE THEATER (17.64.020.B) IN A C -2 (REGIONAL COMMERCIAL ZONE) DISTRICT LOCATED AT 2000 WIBLE ROAD. (CUP NO. 16 -0421) WHEREAS, F. Michael Ayaz filed an application with the City of Bakersfield Community Development Department for a conditional use permit to allow alcohol sales /consumption in a movie theater in a C -2 (Regional Commercial Zone) district (17.64.020.13) located at 2000 Wible Road (the "Project "); and WHEREAS, the Secretary of the Board of Zoning Adjustment set Tuesday, December 13, 2016, at 3:00 p.m. in Conference Room A of City Hall North, 1600 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the Board of Zoning Adjustment to consider the proposed conditional use permit, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, at the public hearing testimony was received both in support and opposition of the Project; and WHEREAS, the laws and regulations relating to the California Environmental Quality Act (CEQA) and the City of Bakersfield's CEQA Implementation Procedures have been duly followed by city staff and the Board of Zoning Adjustment; and WHEREAS, the above described project is exempt from the requirements of CEQA in accordance with Section 15301 Class 1 (Existing Facilities); and WHEREAS, the City of Bakersfield Community Development Department (1715 Chester Avenue, Bakersfield, California) is the custodian of all documents and other materials upon which the environmental determination is based; and WHEREAS, the facts presented in the staff report and evidence received both in writing and by verbal testimony at the above referenced public hearing support the following findings: 1. All required public notices have been given. Hearing notices regarding the Project were mailed to property owners within 300 feet of the Project area and published in The Bakersfield Californian, a local newspaper of general circulation, 10 days prior to the hearing. 2. The provisions of CEQA, The State CEQA Guidelines, and the City of Bakersfield CEQA Implementation Procedures have been followed. Staff determined that the proposal is a project that is exempt from CEQA pursuant to Section 15301 Class 1 (Existing Facilities), because the project involves improvements to allow alcohol licensing in conjunction within an existing movie theater. No additional square feet or seat capacity is proposed with the application.. 3. The proposed use is essential and desirable to the public convenience and welfare. 02115117 CC ACEN A PACKET FCC 402 3. The proposed use is essential and desirable to the public convenience and welfare. 4. The proposed use is in harmony with the various elements and objectives of the Metropolitan Bakersfield General Plan. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield Board of Zoning Adjustment as follows: 2. This project is exempt from the requirements of CEQA. 3. Conditional Use Permit No. 16-0421 as described in this resolution, is hereby approved subject to the conditions of approval in Exhibit A and as shown in Exhibits B and C. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Board of Zoning Adjustment of the City of Bakersfield at a regular meeting held on December 13, 2016, on a motion by Member Wright by the following vote: AYES: Fick, Wright NOES: Huot RECUSE: ABSTAIN ABSENT: Exhibits: A. Conditions of Approval B. Location Map C. Site Plan FA 02115117 CC A GEN PACKET PG 403 Exhibit A (Conditions of Approval) 02115117 CC A GEN PACKET PG 404 EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit No. 16 -0421 The applicant's rights granted by this approval are subject to the following provisions: • The project shall be in accordance with all approved plans, conditions of approval, and other required permits and approvals. All construction shall comply with applicable building codes. • All conditions imposed shall be diligently complied with at all times and all construction authorized or required shall be diligently prosecuted to completion before the premises shall be used for the purposes applied for under this approval. • This approval will not be effective until ten (10) days after the date upon which it is granted by the BZA to allow for appeal to the City Council. Any permit or license for any approval granted shall not be issued until that effective date. • This approval shall automatically be null and void two (2) years after the effective date unless the applicant or successor has actually commenced the rights granted, or if the rights granted are discontinued for a continuous period of one (1) year or more. This time can be extended for up to one (1) additional year by the approving body. • The BZA may initiate revocation of the rights granted if there is good cause, including but not limited to, failure to comply with conditions of approval, complete construction or exercise the rights granted, or violation by the owner or tenant of any provision of the Bakersfield Municipal Code pertaining to the premises for which the approval was granted. The BZA may also consider adding or modifying conditions to ensure the use complies with the intent of City ordinances. • Unless otherwise conditioned, this approval runs with the land and may continue under successive owners provided all the above mentioned provisions are satisfied. II. The following conditions shall be satisfied as part of the approval of this project: 1. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and /or property owner and /or subdivider ( "Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners and boards ( "City" herein) 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, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. 02115117 CC ACEN A PACKET FCC 4 0.E CUP# 16 -0421 Page 2 of S The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. 2. This conditional use permit authorizes the sales /consumption of alcohol, as a secondary and incidental use and subject to the conditions of approval listed herein, at a movie theater in a C -2 (Regional Commercial Zone) district located at 2000 Wible Road. The primary use of the premises shall be a movie theater and alcohol sales shall be limited to patrons who are admitted to the theater for that purpose. 3. Prior to the initial Commencement of alcohol sales and on January 1st (or the first Business Day thereafter) of each Calendar Year thereafter, the project operator shall submit a written Annual Report to the Community Development Department describing methods for adherence to the Operational Conditions listed below, specifically Conditions 4, 5, and 6. 4. Sales Requirements. Sales of alcohol sales beverages shall be subject to the following operational conditions: a. Alcoholic beverage sales shall be limited to the Auxiliary Concession Stand as identified on Exhibit C and shall be used in conjunction with the related food service concessions. b. Alcoholic sales are permitted from 3:00 pm to 1:00 am or no later than up to the last half hour of the last movie showing, whichever occurs earlier. The theater use may continue to operate without alcohol service beyond the hours specified for alcohol service. C. No more than two alcoholic beverages shall be sold or served to any one person within any 12 -hour period. d. Beer and mixed drinks shall not be served in quantities that exceed 16 ounces, and wine shall not be served in a quantity that exceeds 12 ounces or as otherwise limited by the California Department of Alcoholic Beverage Control. e. Alcoholic beverages shall be sold and served in containers, which significantly differ in appearance from those containers utilized for non - alcoholic beverages. The use of WeScan ID verification or similar database shall be used for all alcohol sales. g. Eligible moviegoers consuming alcohol shall wear a distinctive colored band attached to their wrist by a qualified /trained employee of the age to serve alcohol. Colors shall be changed daily and at random. h. Guests may not bring or leave the premises with any alcoholic beverages. 02115117 CC A EN A PACKET FAG 406 CUP# 16 -0421 Page 3 of S 5. Security Requirements. The premises shall continuously adhere to the Security operational conditions listed below. a. The owner, manager, or person in charge of the establishment shall be 21 years or older. At least one (1) such person shall be present on the premises at all times. No person under the age of 18 shall sell alcoholic beverages. b. * While the privileges of this permit are being exercised, the permit holder shall provide and maintain the minimum number of uniform security personnel to patron ratio inside the premise. Proprietary private security officers (as defined in Chapter 11.4, commencing with Section 7574) Division 3 of the Business and Professions Code. All proprietary security officers shall comply with Business and Professions Code 7574.2 and register with the Department of Consumer Affairs. This minimum ratio shall be at least one [1] security person at four (4) auditoriums, plus one (1) trained staff at each of the remaining twelve (12) auditoriums. The permit holder shall require that a minimum of one [1] security person posted at each facility entrance, therein and prevent any activity which would interfere with the quiet enjoyment of property belonging to nearby residents or businesses. Uniformed security shall be provided anytime the privileges of this permit are being exercised, until 30 minutes after closing. C. * During operating hours, all security personnel shall wear clothing that clearly identifies them as "SECURITY" on the front and back of their shirt. During operating hours, employees shall wear clothing and /or a name plaque that identifies them as an employee of the establishment. During operating hours, all establishment employees and security personnel shall cooperate with law enforcement officers who are conducting official investigations on the premises. d. * The permit holder shall ensure that reasonable efforts are made to prevent the admission of any person whose conduct is described in Penal Code section 415 (fighting, loud noise, offensive words in public places) or section 647 (disorderly conduct) on the premises, parking lots and all other areas of the establishment controlled by the permit holder. The permit holder shall make reasonable efforts to remove persons exhibiting such conduct from the establishment. e. * The permit holder shall ensure the Bakersfield Police Department is contacted immediately in the event any minor on the premises attempts to obtain an alcoholic beverage through false pretenses. f. * Excessive service responses from any City of Bakersfield Department or Division to the permit holder's establishment could result in an investigation being instituted by the Bakersfield Police Department Vice Detail. The results of this investigation could result in additional conditions being placed on the permit, or revocation. 6. California Department Alcohol Beverage Control (ABC) Requirements. The premises shall continuously adhere to the ABC conditions listed below. Should a conflict occur between the ABC requirements and the conditions of approval, the more restrictive shall prevail. a. * The permit holder shall comply with all operating conditions imposed by the California Department of Alcoholic Beverage Control. 02115117 CC AGENDA PACKET FCC 407 CUP# 16 -0421 Page 4 of S b. Theater employees shall conduct auditorium inspections no more than 30 minutes apart to monitor for compliance with the California Department Alcohol Beverage Control license. C. All employees shall go through the Licensee Education on Alcohol and Drugs (LEAD) program and /or the Training for Intervention Procedures (TIPS) program administered or otherwise approved by the California Department of Alcohol Beverage Control. d. The liquor license shall be non - transferable to other locations. e. Any change in the approved alcoholic beverage licensure type (i.e., Type "47 ", on- premise general alcohol) for this site shall be reviewed by the Planning Director to determine if a new or modified Conditional Use Permit needs to be considered. Employees dispensing and /or serving alcohol must be 18 years or older; employees mixing cocktails must be 21 years or older. 7. General Requirements. The premises shall continuously adhere to the general Operating Conditions listed below. a. The permit holder shall obtain all required permits and approvals for alcohol sales and on -site consumption, prior to commencement of service. b. * A copy of the conditions of approval for Conditional Use Permit No. 16 -0421 shall be posted in a conspicuous place along with the establishment's issued business license and the California Department of Alcoholic Beverage Control license, and shall be presented to any peace officer or any authorized City official upon request. C. Window or other signage visible from the public right -of -way that advertises alcohol shall not be permitted. d. The following alcohol - related signs shall be prominently posed in a readily visible manner in English, Spanish, and the predominant language of the patrons: i. "California State Law prohibits the sale of alcoholic beverages to persons under 21 years of age "; ii. No Loitering or Public Drinking "; and iii. "It is illegal to possess an open container of alcohol in the vicinity of this establishment ". e. * The permit holder shall ensure that all City fees associated with the premises are current and paid in full. f. * The establishment's maximum occupant load number shall be posted over every door, which exits outside the premise. 02115117 CC A EN A PACKET FAG CUP# 16 -0421 Page S of S g. * The permit holder shall not allow the number of occupants inside the premise building to exceed the establishment's maximum occupant load, as determined by the Development Services Director or his designee and /or the Fire Chief or his designee. h. * Loitering is prohibited on the premises or areas under the control of the permit holder. i. The movie theater shall enforce the facility's policies as stated in the Operational Procedures & Policies provided in association with this Conditional Use Permit. * These conditions of approval are associated with standard conditions for Cabaret Permits; minor revisions have been made for site specific setting. 02115117 CC A EN A PACKET FAG 409 Exhibit B (Location Map) 02115117 CC AGENDA PACKET PG 41 0 C) C) 10 to 3. 0 g z LU U) LL 04 M E E 19 E E E Z o — , LU - w . . . 7z . = s= t= N- r- s = o£— - - w I �§ j 3 E —i LU 15 E �5 & . �g T I m 2 ' o E! 9 7 is (11VaGVO T 10 (INOVYVI(I IS NIAIVO ic) oavyvo is 3NIV13 1? 10 3N0ISNOVIO NJ 0816v0 NI OHiSVO Z 0 ♦L IS 31VOV dl-n-7 13G cr LU is A870,0 x w — 10 b3H d 1618 0 a NON all 3-1131M 66 I? LU LL U) 10 831CINVHD "av'o HO-�-d LU E s w — 731(INVHD > w � 3] H 0_�_d < > < I? LL co co 0 CL 0 z < > z 0 of O N N < u) w of uj =01 0 3: w c/) L) uj 02115117 CCA,—A JACKET PG 411 Exhibit C (Site Development Plan) 02115117 CC AGENDA PACKET PG 412 MIN JOU SO ITS M r m tin fl� 6 I- 4, R 6 ;I y 0 'J, 4 7� r 4, 77 R MY l 1111 ED Z :LLE-11f H 16 1 3 1 ILI 1,11111, ILILLI I.MU 1010 LUIR ffo�fj_ U .1 THUD MILL M U 1 1:MJ "J tnii i . -f.-rir.j ma j-L LILL cra Am, Elul Ows anat *14 IiLff1 1111 I too A 31 VAT W . . . ..... R 1 Oki', mm HIM Roo Z4 .... ....... "Ask, #K M7 4M U O,e wi ITUTEr, ITjJ-f -11,110 11 TV. UTUT T1JTD IJAJ I r� I�, r PM I L -b I 11X -11 cr r., nuir onn 1111114 . MITEUL� crrilmm EE ATT."MT ]JUT I FT [7-7 1 FIJ.Q�� f, 7j �M-I- 4 —vr M-IT T tow, Z 14"PRAMPIAM& 6i��1Prk �J ?,1111" frrr:),,,,�,,�� rr.TT 12 ............................... �Ll IT. rEft, cu o"e; W SAW 02115117 CC AGENDA PACKET PIS 413 Revised Conditions Board of Zoning Adjustment January 10, 2017 02115117 CC AGENDA PACKET PG 41 4 EXHIBIT A CONDITIONS OF APPROVAL Conditional Use Permit No. 16 -0421 The applicant's rights granted by this approval are subject to the following provisions: • The project shall be in accordance with all approved plans, conditions of approval, and other required permits and approvals. All construction shall comply with applicable building codes. • All conditions imposed shall be diligently complied with at all times and all construction authorized or required shall be diligently prosecuted to completion before the premises shall be used for the purposes applied for under this approval. • This approval will not be effective until ten (10) days after the date upon which it is granted by the BZA to allow for appeal to the City Council. Any permit or license for any approval granted shall not be issued until that effective date. • This approval shall automatically be null and void two (2) years after the effective date unless the applicant or successor has actually commenced the rights granted, or if the rights granted are discontinued for a continuous period of one (1) year or more. This time can be extended for up to one (1) additional year by the approving body. • The BZA may initiate revocation of the rights granted if there is good cause, including but not limited to, failure to comply with conditions of approval, complete construction or exercise the rights granted, or violation by the owner or tenant of any provision of the Bakersfield Municipal Code pertaining to the premises for which the approval was granted. The BZA may also consider adding or modifying conditions to ensure the use complies with the intent of City ordinances. • Unless otherwise conditioned, this approval runs with the land and may continue under successive owners provided all the above mentioned provisions are satisfied. II. The following conditions shall be satisfied as part of the approval of this project: 1. In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and /or property owner and /or subdivider ( "Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners and boards ( "City" herein) 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, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY's sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. 02115117 CC AGENDA PACKET FCC 41.E CUP# 16 -0421 Page 2 of S The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. 2. This conditional use permit authorizes the sales /consumption of alcohol, as a secondary and incidental use and subject to the conditions of approval listed herein, at a movie theater in a C -2 (Regional Commercial Zone) district located at 2000 Wible Road. The primary use of the premises shall be a movie theater and alcohol sales shall be limited to patrons who are admitted to the theater for that purpose. 3. Prior to the initial Commencement of alcohol sales and on January 1st (or the first Business Day thereafter) of each Calendar Year thereafter, the project operator shall submit a written Annual Report to the Community Development Department describing methods for adherence to the Operational Conditions listed below, specifically Conditions 4, 5, and 6, . 44. Sales Requirements. Sales of alcohol sales beverages shall be subject to the following operational conditions: a. Alcoholic beverage sales shall be limited to the Auxiliary Concession Stand as identified on Exhibit C and shall be used in conjunction with the related food service concessions. b. Alcoholic sales are permitted from 3:00 - -to 1:00 am or no later than up to the last half hour of the last movie showing, whichever occurs earlier. The theater use may continue to operate without alcohol service beyond the hours specified for alcohol service. C. No more than two alcoholic beverages shall be sold or served to any one person within any l 2 -hour period . 02115117 CC A EN A PACKET FAG 416 CUP# 16 -0421 Page 3 of S d. Beer and mixed drinks shall not be served in quantities that exceed 16 ounces, and wine shall not be served in a quantity that exceeds 129 ounces or as otherwise limited by the California Der artment of Alcoholic Beverage Control. e. Alcoholic beverages shall be sold and served in containers, which significantly differ in appearance from those containers utilized for non - alcoholic beverages. The use of WeScan ID verification or similar database shall be used for all alcohol sales. g. Eligible moviegoers consuming alcohol shall wear a distinctive colored band attached to their wrist by a qualified /trained employee of the age to serve alcohol. Colors shall be changed daily and at random. h. Guests may not brine or leave the rremises with al beverages. 56. Security Requirements. The premises shall continuously adhere to the Security operational conditions listed below. a. The owner, manager, or person in charge of the establishment shall be 21 years or older. At least one (1) such person shall be present on the premises at all times. No person under the age of 18 shall sell alcoholic beverages. b. * While the privileges of this permit are being exercised, the permit holder shall provide and maintain the minimum number of uniform security personnel to patron ratio inside the premise. Proprietary private security officers (as defined in Chapter 11.4, commencing with Section 7574) Division 3 of the Business and Professions Code. All proprietary security officers shall comply with Business and Professions Code 7574.2 and register with the Department of Consumer Affairs. This minimum ratio shall be at least one [1] security person at four (4) auditoriums, rlus one (1) trained staff at each of the remaining twelve (12) ditoriums44 - . The permit holder shall require that a minimum of one [1] security person posted at each facility entrance, therein and prevent any activity which would interfere with the quiet enjoyment of property belonging to nearby residents or businesses. Uniformed security shall be provided anytime the privileges of this permit are being exercised, until 30 minutes after closing. C. * During operating hours, all security personnel shall wear clothing that clearly identifies them as "SECURITY" on the front and back of their shirt. During operating hours, employees shall wear clothing and /or a name plaque that identifies them as an employee of the establishment. During operating hours, all establishment employees and security personnel shall cooperate with law enforcement officers who are conducting official investigations on the premises. d. * The permit holder shall ensure that reasonable efforts are made to prevent the admission of any person whose conduct is described in Penal Code section 415 (fighting, loud noise, offensive words in public places) or section 647 (disorderly conduct) on the premises, parking lots and all other areas of the establishment 02115117 CC AGENDA PACKET FCC 417 controlled bv the permit holder. The permit holder shall make reasonable efforts to remove persons exhibiting such conduct from the establishment. e. *The permit holder shall ensure the Bakersfield Police Department is contacted immediately in the event any minor on the premises attempts to obtain an alcoholic beverage through false pretenses. f. * Excessive service responses from any City of Bakersfield Department or Division to the permit holder's establishment could result inan investigation being instituted by the Bakersfield Police Department Vice Detail. The results of this investigation could result in additional conditions being placed on the permit, or revocation. 67-. California Department Alcohol Beverage Control (ABC) Requirements. The premises shall continuously adhere to the ABC conditions listed below. Should a conflict occur between the AB re restrictive a. *The permit holder shall comply with all operating conditions imposed by the California Department of Alcoholic Beverage Control. b. Theater employees shall conduct auditorium inspections no more than 30 minutes apart to monitor for compliance with the California Department Alcohol Beverage Control license. C. All employees hall go through the Licensee Education on Alcohol and Drugs (LEAD) program Procedures TIPS rogL m administered by the Ca|ifomia Department of Alcohol Beverage Control. d. The liquor license shall be non-transferable to other locations. e. Any change in the approved alcoholic beverage |icensure type U.e.' Type "47"' on-premise general alcohol) for this site shall be reviewed by the Planning Director to determine if new or modified Conditional Use Permit needs to be considered. Employees dispensing and/or serving alcohol must be 18 years or older; employees mixing cocktails must be2l years orolder. 79. General Requirements. The premises shall continuously adhere to the general Operating Conditions listed below. a. The permit holder shall obtain all required permits and approvals for alcohol sales and on-site consumption, prior to commencement ofservice. b. * A copy of the conditions of approval for Conditional Use Permit No. 16-0421 shall be posted in a conspicuous place along with the establishment's issued business license and the California Department of Alcoholic Beverage Control license, and shall be presented to any peace officer or any authorized City official upon 02115117CCA GEN{A PA CKcTPG 418 CUP# 16 -0421 Page S of S C. Window or other signage visible from the public right -of -way that advertises alcohol shall not be permitted. d. The following alcohol - related signs shall be prominently posed in a readily visible manner in English, Spanish, and the predominant language of the patrons: "California State Law prohibits the sale of alcoholic beverages to persons under 21 years of age "; ii. No Loitering or Public Drinking "; and iii. "It is illegal to possess an open container of alcohol in the vicinity of this establishment ". e. * The permit holder shall ensure that all City fees associated with the premises are current and paid in full. f. * The establishment's maximum occupant load number shall be posted over every door, which exits outside the premise. g. * The permit holder shall not allow the number of occupants inside the premise building to exceed the establishment's maximum occupant load, as determined by the Development Services Director or his designee and /or the Fire Chief or his designee. h. * Loitering is prohibited on the premises or areas under the control of the permit holder. i. The movie theater shall enforce the facility's policies as stated in the Operational Procedures & Policies provided in association with this Conditional Use Permit. * These conditions of approval are associated with standard conditions for Cabaret Permits; minor revisions have been made for site specific setting. 02115117 CC A EN A PACKET FAG 419 Neighbors for a Safe Valley Plaza Appeal Request 02115117 CC A EN A PACKET FAG 420 r 02115117 CC AGENDA PACKET PG 421 Reporting District 171 Crime Statistics 02115117 CC AGENDA PACKET PG 422 Reporting District (RD) 171 .................. LU IlJ ......... E. f, r f i' ` Ni,I r / j G � 1 r ° r w Valley Plaza Mall . � , .., w w w . . .,,,,,, � ICI, �1 I' �l N E ran s#er Stag 4n I U , I, IN ;f o f N I A I' 'AV E ..n. v Y f Reading Cinemas f r f f �"WI �L I� C. Palmer / ext. 3265/ Created: 12.14.16 02115117 CC A EN A PACKET FAG 423 Conditional Permit Request Analysis Date: 12114116 PREMISE NAME: Reading Cinemas PREMISE ADDRESS: 2000 Wible Rd Reported Dates Reviewed: 12/14/2014 - 12/13/2016 Police Reporting District #: RD171 Offenses and Arrests at Reading Cinemas Number of GO 60 % of the Total GO generated from Reading Cinemas in RD 171 5% Number of Arrests 2 % of the Total Arrests generated from Reading Cinemas in RD 171 0.4% Offenses, Arrests and Calls for Service Summary Citywide Total Number of City Reporting Districts: 259 Total Number of Part I Offenses — Citywide: 35,369 Average Number of Part I Offenses Per Reporting District: 136 120% of Average Number of Part I Offenses Per Reporting District: 163 Total Part I Offenses in Reporting District RD 171 1194 Location is Within High Crime Reporting District? YES Total Number of Arrests — Citywide (Excluding Traffic Citations): 21,936 Average Number of Arrests Per Reporting District: 85 120% of Average Number of Arrests Per Reporting District: 102 Total Number of Arrests in Reporting District RD 171 (Excluding Traffic Citations) 478 Total Number of Calls for Service — Citywide: 603,288 Average Number of Calls for Service Per Reporting District: 2,329 120% of Average Number of Calls for Service Per Reporting District: 2,795 Total Number of Arrests in Reporting District RD 171 8,458 "Part 1 Crimes are classifications created by the FBI for the purpose of collecting national crime statistics. The offenses include homicide, forcible rape, aggravated assault, robbery, burglary, larceny /theft, motor vehicle theft and arson. This report may vary slightly from the UCR (Uniform Crime Report) publication pending or due to the outcome of ongoing investigations. 02115117 CC AGENDA PACKET FAG 424 Conditional Permit Request Analysis Date: 12114116 PREMISE NAME: Valley Plaza Mall PREMISE ADDRESS: 2701 Ming Av Reported Dates Reviewed: 12/14/2014 - 12/13/2016 Police Reporting District #: RD171 Offenses and Arrests at the Valley Plaza Number of GO 536 % of the Total GO generated from the Valley Plaza in RD 171 45% Number of Arrests 55 % of the Total Arrests generated from the Valley Plaza in RD 171 12% Offenses, Arrests and Calls for Service Summary Citywide Total Number of City Reporting Districts: 259 Total Number of Part I Offenses — Citywide: 35,369 Average Number of Part I Offenses Per Reporting District: 136 120% of Average Number of Part I Offenses Per Reporting District: 163 Total Part I Offenses in Reporting District RD 171 1194 Location is Within High Crime Reporting District? YES Total Number of Arrests — Citywide (Excluding Traffic Citations): 21,936 Average Number of Arrests Per Reporting District: 85 120% of Average Number of Arrests Per Reporting District: 102 Total Number of Arrests in Reporting District RD 171 (Excluding Traffic Citations) 478 Total Number of Calls for Service — Citywide: 603,288 Average Number of Calls for Service Per Reporting District: 2,329 120% of Average Number of Calls for Service Per Reporting District: 2,795 Total Number of Arrests in Reporting District RD 171 8,458 "Part 1 Crimes are classifications created by the FBI for the purpose of collecting national crime statistics. The offenses include homicide, forcible rape, aggravated assault, robbery, burglary, larceny /theft, motor vehicle theft and arson. This report may vary slightly from the UCR (Uniform Crime Report) publication pending or due to the outcome of ongoing investigations. 02115117 CC AGENDA PACKET FAG 425 Conditional Permit Request Analysis Date: 12114116 PREMISE NAME: GET Transfer Station PREMISE ADDRESS: 1912 Wible Rd Reported Dates Reviewed: 12/14/2014 - 12/13/2016 Police Reporting District #: RD171 Offenses and Arrests at the GET Transfer Station Number of GO 26 % of the Total GO generated from the GET Transfer Station in RD 171 2% Number of Arrests 14 % of the Total Arrests generated from the GET Transfer Station in RD 171 3% Offenses, Arrests and Calls for Service Summary Citywide Total Number of City Reporting Districts: 259 Total Number of Part I Offenses — Citywide: 35,369 Average Number of Part I Offenses Per Reporting District: 136 120% of Average Number of Part I Offenses Per Reporting District: 163 Total Part I Offenses in Reporting District RD 171 1194 Location is Within High Crime Reporting District? YES Total Number of Arrests — Citywide (Excluding Traffic Citations): 21,936 Average Number of Arrests Per Reporting District: 85 120% of Average Number of Arrests Per Reporting District: 102 Total Number of Arrests in Reporting District RD 171 (Excluding Traffic Citations) 478 Total Number of Calls for Service — Citywide: 603,288 Average Number of Calls for Service Per Reporting District: 2,329 120% of Average Number of Calls for Service Per Reporting District: 2,795 Total Number of Arrests in Reporting District RD 171 8,458 "Part 1 Crimes are classifications created by the FBI for the purpose of collecting national crime statistics. The offenses include homicide, forcible rape, aggravated assault, robbery, burglary, larceny /theft, motor vehicle theft and arson. This report may vary slightly from the UCR (Uniform Crime Report) publication pending or due to the outcome of ongoing investigations. 02115117 CC AGENDA PACKET FAG 426 Example Conditions of Approval from Other Jurisdictions 02115117 CC AGENDA PACKET PG 427 Example Conditions of Approval from Other Jurisdictions 1. No changes shall be made to the interior character of the premise, or in the use of the premise building, which would create a greater occupancy load, unless such change is approved by the Community Development Director or his designee and /or the Fire Chief or his designee. (Cabaret) 2. Unless permitted as part of these conditions, all noise associated with the operation of any sound equipment must comply with BMC section 9.22. (Cabaret) 3. Entrances into the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the premises. Additionally, the position of the lighting shall not disturb the normal privacy and use of the neighboring residences and are subject to the requirements of BMC section 17.58.060. (Cabaret) 4. Any graffiti painted or marked upon the premises or any area under the control of the permit holder shall be removed or painted over within 72 hours after discovery. (Cabaret) 5. Employees of the establishment shall walk a 100 -foot radius from the facility prior to 30 minutes after closing and shall pick up and dispose of any discarded beverage containers and other trash left by patrons. (Santa Monica) 6. Prior to commencement of alcohol service as applicable, the operator shall also submit a plan describing the establishment's designated driver program, which shall be offered by the operator to the establishment's patrons. The plan shall specify how the operator will inform patrons of the program, such as offering on the menu a free non - alcoholic drink for every party of two or more ordering alcoholic beverages. (Santa Monica) 7. The establishment shall serve food to patrons during all hours the establishment is open for customers. (Santa Monica) 8. No alcoholic beverage shall be sold for consumption beyond the premises. (Santa Monica) 9. Alcohol beverages shall not be sold, served, or delivered to customers by ambulatory servers or vendors that carry a supply of unordered alcoholic beverages. (Santa Monica) 10. No more than 35% of total gross revenues per year shall be from alcohol sales. The operator shall maintain records of gross revenue sources, which shall be submitted annually to the City of Santa Monica City Planning Division at the beginning of the calendar year and also available to the City of Santa Monica and the State ABC upon request. (Santa Monica) 11. Customers shall be permitted to order food at the concessions counter at all times the bar is open. (Santa Monica) 02115117 CC AGENDA PACKET FCC 428 12. There shall be no minimum drink purchase requirement. (Santa Monica) 13. Any minimum purchase requirement may be satisfied by the purchase of beverages or food. (Santa Monica) 14. The establishment shall not organize or participate in organized "pub- crawl" events where participants or customers pre - purchase tickets or tokens to be exchanged for alcoholic beverages at the theater. (Santa Monica). 15. A mystery shopper program, conducted by an outside firm, will be utilized to ensure that AMC employees are following company alcohol control policies. Employees who are found to violate the policies will be terminated. (Norwalk) 16. If, at any time, the number of security - related incidents increases, the City of Norwalk may require additional management and /or security personnel at the Applicant's expense during such hours and in such number as are deemed necessary by the City. (Norwalk) 17. Gross monthly sales of alcohol shall not exceed gross monthly sales of food and other non - alcohol items within the same period. (Norwalk) 18. If, at any time, the number of security - related incidents increases, the City of Norwalk may require additional management and /or security personnel at the Applicant's expense during such hours and in such number as are deemed necessary by the City. (Norwalk) 19. All employees are to complete a Responsible Beverage Server training course approved by the California Department of Alcohol Beverage Control and City of Norwalk, Department of Public Safety within six months of approval of Conditional Use Permit No. 973 or an employee's start date, whichever occurs later. (Norwalk) 20. A surveillance camera plan shall be submitted to the Public Safety and Community Development Departments for review and approval prior to the sale of alcoholic beverages. The plan shall contain the following elements: a. Provision of access to the surveillance system by the Norwalk Sheriff's Station; b. Provision of any required software, licenses, user ID's or passwords to the Norwalk Sheriff's Station; C. Video feed of sufficient quality to permit the Sheriff's Station to utilize the feed for law enforcement purposes, whether emergency or investigatory; d. Camera Surveillance System to be maintained at all times, including during non - business hours; e. Establishment of a minimum maintenance period for all video recordings /feeds; f. Provision of copies of recorded videos at the request of the Norwalk Sheriff's Station without a warrant or court order; g. The placement of cameras within the facility to provide coverage of public areas; and h. Other elements at the direction of the Director of Public Safety. (Norwalk). 21. Applicant will cooperate with the prosecution of offenders who engage in unlawful activity on -site. (Norwalk) 02115117 CC A EN A PACKET FAG 429 22. Specific measures will be taken if there is an intoxicated guest which include: guest is removed from auditorium; guest is asked to not leave the building; guest will be given food and water to diffuse the situation; alternative arrangements will be made for the guest to get home; guest's location will be monitored; and law enforcement will be called if the guest insists on leaving. (Norwalk) 23. All sales and service of alcohol for consumption shall be made only from concession stands, portable stands or bars, or fixed bars, and shall not be delivered to customers. (Norwalk) 24. Every employee shall undergo Training for Intervention Procedures (TIPS) for alcohol servers. All employees will be responsible for supervising the consumption of alcohol throughout the theater. (Norwalk) 25. Beer and wine shall be served only from bottles and cans. No beer or wine shall be on tap. (Contra Costa) 26. Beer, wine, and wine -based frozen beverages. Sale of other alcoholic beverage products shall not be permitted without approval of a new land use permit. (Contra Costa) 27. The sale of take -out food shall not be permitted under this approval. Any take -out food sales shall require the approval of a new land use permit. (Contra Costa) 28. The projectionist employ shall have access to night vision goggles to randomly monitor patrons. (Other jurisdictions) 29. All alcoholic beverage containers must be disposed of within the movie theater and not taken off the premises. (Other jurisdictions) 30. A separate cash register shall be operated for alcohol sales. (Other jurisdictions) 31. Alcohol shall be sold at a separate waiting line from the general concessions. 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", ..... . ....... on the rnaIrke -t "Responsible alcohol service can be simple," We5:3" c a ra m Enable WePrevent to launch when employee attempts to add a restricted item to a check Prevent the sale of products based upon guest age, legal hours of sale for operation, age requirements are met by seller, limitations on sales quantity or type to prevent "over service" Restrict the sale of items when an employee has an expired seller /server certificate or by status of the alcohol permit etc. Manage beverage permit renewal dates and employees' seller /server certificates expirations via web Centrally enforce settings globally or by individual site via secure web portal to adhere to company policies and procedures Q';r;k�el'Ilaru..- d;;,:;u ➢V�6 or call 7QD 02115117 CC AGENDA PACKET FAG 484 READING C P R, V.P P14 A, Pik I(IpLer_gd nal IProcedalu .�s -Sales All guests must provide valid, government- issued photo identification. No exceptions. POS software will support verification and track consumption. Acceptable forms of ID: Driver's license (any state), California State ID Card, Passport., Military ID card — Student ID is NOT acceptable. 0 Alcoholic beverages will be served in specially designed cups (distinguishable from non - alcoholic beverages). ,b Once ID is verified a wristband will be physically attached around guests' wrists. Wristband colors will change daily in a random pattern. GonsurniaVon Monkoring Lobby . Staff to monitor lobby and all public areas. Is When necessary, security will be increased to supplement monitoring activity, i.e. - recheck IDs, report suspicious activity, act as deterrent, etc. Auditorium (Is Staff to periodically survey auditorium during the program. Avyareness Cornrnunic";Eation Signage to be posted throughout facility to communicate "zero tolerance" policy for sale and consumption of alcoholic beverages to persons underage. 4 When necessary, staff will engage with guests to reiterate zero tolerance policy for underage �:r;erltislcy'plgiPl�PP Vinci Prr(,C >iJraut gait _r_5 tri rs_(JnC[ _arty S!!Spir ;) ii rir rnrirt =rniraa Del atiiCir . �y(o i c,�es Our goal is to ensure a safe acid ersjoyable eLiviLoP7ment whk =� e alcohol service and consumption is managed responsibly. Page 1 Alcohol Sales and Consumplioo Operolionol Procedures and Policies 2 /9/20 t G 02115117 CC AGENDA PACKET PG 485 111111 E ./,���Iiy D N 0 �9 Ernpl oyee Ir'adki es All employees dispensing and /or serving alcohol must be 18 years or older. * All employees mixing cocktails must be 21 years or older. 0 All employees dispensing and /or serving alcohol must complete training prior to serving any alcohol. This training will be completed during `new -hire orientation' as well as periodic re- training led by managers. ,I) Any employee who inadvertently or purposely sells or makes available alcohol to an underage person or a non- guest will be removed from service immediately. Any employee consuming or under the influence of alcohol while on duty will be removed from service immediately. Disciplinary action will follow, up to and including termination, and may result in criminal penalties. * Any employee deviating from Alcohol Sale and Consumption Procedures and Policies will incur disciplinary action, up to and including termination. All managers will be certified. One certified manager will always be on premises. Guest Policies n Guests may not bring or leave the premises with any alcoholic beverages. All guests will be asked to provide proof of age, and must produce valid photo identification. Guests may have no more than two alcoholic beverages in their possession at any time. Management reserves the right to discontinue alcohol service for any reason they deem appropriate. Guests found with unauthorized alcohol will have their ticket confiscated and will be removed from the premises. 1 Police will be notified if someone attempts to purchase alcohol for a minor or use a false ID — the violator will be trespassed from the theatre. Our theatre reserves the right to confiscate tickets without compensation, eject patrons, and /or contact the authorities for any unauthorized activity observed. It is prohibited to: Attempt to use fraudulent identification. � Exhibit public intoxication and /or disturbing the peace. Purchase alcohol for a minor. Atternpi to purchase or found to he in possession of alcohol if you are a minor. Page 2 Ncohol Soles and Consumption operolionol Procedures and Policies /9/1016 02115117 CC A EN A PACKET PG 486 x10 READING I OtA E 14 A S gO I have read the above and agree to comply and enforce the policies described. Additionally, I agree: to report any violations and /or non - compliance immediately to senior theatre management and /or the corporate office via the confidential phone line: 888 - 668 -4605. {Tint Name Signature Date Manager Signature Page 3 Date Alcohol Soles and C011SUMPU01) Operolional Procedures MMd Policies 2,,/912016 02115117 CC AGENDA PACKET FAG 487 14 F m r� L7 a 6 r C z m 3. Harrah's R.esor t. Southern 1. 10,0wards Mira Mesa California Stadium 1£3 9. Vie,jas Casino 5. Edwards Rancho San 5. Casino Paunla Diego 15 AngelikaFil ne Cenler & Cafe - Carmel ll9onodain 11020 Carmel Alo main Rd. San Diego (858) 207 -2606 angelikafilmcenler.cinm/ sandiego 2, Cm6polis Luxury Cinemas - Del Mar 3. AMC Fashion Valley 18 hVIIJIMMA USS Midway Museum 910N. Ha? borDrive, San Diego (619) 521 -9600 midivay.org 2. Reuben H. Fleet Science Center :3. Sari Diego Natural History Museum 4. San Diego Museum of Art. 5. San Diego Museum ol'Man IHIFIVJrc JaARK San Diego Zoo 2920 Zoo Di ice, San Diego (619) 231 -1515 sandiegozoo.org 2. Balboa Park 3. Sea World 1. Del Mar Fairgrounds ;i. San Diego Safari Park Angeleka°s Nackbiisterr Mf-j: Best Best fnica daonmefin. Venue A huge thank you to our gucsLS for vot- ing the Angelika Film Center & Cafe - Canmel Mountain as the Best Movie Theater and Best Entertainment Venue of 2016! The Angelika is a state -ol' the art luxury cinema highlighting the best in quality film and events. Through diverse film program- ming and a creative menu oferaft bever- ages and bites, the Angelika offers a unique gathering place for the vibrant San Diego community. In addition to traditional mov- ie snacks, the distinctive cafe nnenu in- cludes gourmet hot clogs, specialty pizzas, local craft beers, hancicral'ted cocktails, and more. Premium digital cinema technology, leather recliners, and online reserved seat - ingeombine to give you an unparalleled rnoviegoing experience. i �l z, 191ipj IN A YdIiIWI �' 9r� GI ��mn 4N� v.11U!/d h The Angelika is also an Ideal venue for a wide range of meetings and events, from hosting corpa ate gatherings to celebrating private affairs with family and 17iends. Designed with sophistication, the sleek and modern architecture features an elegant lobby, comfortable mezzanine lounge and lush outdoor patio. The Angelika is conveniently located along the Interstate 15 corridor in San Diego's North County, and it offers ample free parking. Inspired by the original Angelika Film Center & Cafe in New York City, the Ange- lika Carmel Mountain continues the tradi- tion of thoughtfully curated food, film and events that made the Angelika a cultural institution. See you at the movies, The Angelika Mira Center NUNN Of �ry W9 AWY; III , F lot R$t � � e nJ ��+r 9r 9n RV�Jt / ,g; �,, 00 i ZACK BENSON ZACKBI°NSON. COM 9- `/1.x/17 CC AGENDA PACKET FAG 489 WHEREAS, F. Michael Ayaz filed an application with the City of Bakersfield Community Development Department for a conditional use permit to allow alcohol sales and consumption in a movie theater in a C -2 (Regional Commercial Zone) district (17.64.020B) located at 2000 Wible Road (the "Project "); and WHEREAS, the Project is exempt from the requirements of the California Environmental Quality Act (CEQA) because the project does not have the potential to cause a significant effect on the environment in accordance with State CEQA Guidelines Section 15301 Class 1 (Existing Facilities); and WHEREAS, the Board of Zoning Adjustment approved the conditional use permit on January 10, 2017, and the decision was appealed by the "Neighbors for a Safe Valley Plaza" on January 18, 2017; and WHEREAS, the Clerk of the City Council set Wednesday, February 15, 2017, at 5:15 p.m. in the Council Chambers of City Hall, 1501 Truxtun Avenue, Bakersfield, California, as the time and place for a public hearing before the City Council to consider the appeal as required by Government Code Section 65355, and notice of the public hearing was given in the manner provided in Title 17 of the Bakersfield Municipal Code; and WHEREAS, during the hearing, the City Council considered all facts, testimony, and evidence concerning the staff report, and the Board of Zoning Adjustment's deliberation and action. NOW, THEREFORE, BE IT RESOLVED by the Bakersfield City Council as follows: 1. The proposed use is essential and desirable to the public convenience and welfare. 2. The proposed use is in harmony with the various elements and objectives of the Metropolitan Bakersfield General Plan. 3. The Project is exempt from the requirements of California Environmental Quality Act. 4. The Project is hereby approved subject to the conditions of approval in Exhibit A and as shown in Exhibits B and C, which are incorporated herein. ---- - - - - -- 000 - - - - -- 02115117 CC A EN A PACKET FAG 490 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting held on by the following vote: AYES: NOES: ABSTAIN ABSENT: APPROVED COUNCILMEMBER: RIVERA, GONZALES, WEIR, SMITH COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney Exhibits: A Conditions of Approval B Location Map C Site Plan SULLIVAN. PARLIER PAMELA McCARTHY, MMC INTERIM CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 2 02115117 CC A GENDA PACKET FAG 491 Exhibit A (Conditions of Approval) 02115117 CC A GEN PACKET PG 492 CONDITIONS OF APPROVAL Conditional Use Permit No. 16 -0421 I. The applicant's rights granted by this approval are subject to the following provisions: • The project shall be in accordance with all approved plans, conditions of approval, and other required permits and approvals. All construction shall comply with applicable building codes. • All conditions imposed shall be diligently complied with at all times and all construction authorized or required shall be diligently prosecuted to completion before the premises shall be used for the purposes applied for under this approval. • This approval will not be effective until ten (10) days after the date upon which it is granted by the BZA to allow for appeal to the City Council. Any permit or license for any approval granted shall not be issued until that effective date. • This approval shall automatically be null and void two (2) years after the effective date unless the applicant or successor has actually commenced the rights granted, or if the rights granted are discontinued for a continuous period of one (1) year or more. This time can be extended for up to one (1) additional year by the approving body. • The BZA may initiate revocation of the rights granted if there is good cause, including but not limited to, failure to comply with conditions of approval, complete construction or exercise the rights granted, or violation by the owner or tenant of any provision of the Bakersfield Municipal Code pertaining to the premises for which the approval was granted. The BZA may also consider adding or modifying conditions to ensure the use complies with the intent of City ordinances. • Unless otherwise conditioned, this approval runs with the land and may continue under successive owners provided all the above mentioned provisions are satisfied. II. The following conditions shall be satisfied as part of the approval of this project: In consideration by the City of Bakersfield for land use entitlements, including but not limited to related environmental approvals related to or arising from this project, the applicant, and /or property owner and /or subdivider ( "Applicant" herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield, its officers, agents, employees, departments, commissioners and boards ( "City" herein) 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, in any way arising from, the terms and provisions of this application, including without limitation any CEQA approval or any related development approvals or conditions whether imposed by the City, or not, except for CITY'S sole active negligence or willful misconduct. This indemnification condition does not prevent the Applicant from challenging any decision by the City related to this project and the obligations of this condition apply regardless of whether any other permits or entitlements are issued. 02115117 CC AGENDA PACKET FAG 493 CUP11 16-0421 Palge 2 Of S The City will promptly notify Applicant of any such claim, action or proceeding, falling under this condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity or party. 2. This conditional use permit authorizes the sales /consumption of alcohol, as a secondary and incidental use and subject to the conditions of approval listed herein, at a movie theater in a C -2 (Regional Commercial Zone) district located at 2000 Wible Road. The primary use of the premises shall be a movie theater and alcohol sales shall be limited to patrons who are admitted to the theater for that purpose. 3. Prior to the initial Commencement of alcohol sales and on January 1st (or the first Business Day thereafter) of each Calendar Year thereafter, the project operator shall submit a written Annual Report to the Community Development Department describing methods for adherence to the Operational Conditions listed below, specifically Conditions 4, 5, and 6. 4. Sales Requirements. Sales of alcohol sales beverages shall be subject to the following operational conditions: a. Alcoholic beverage sales shall be limited to the Auxiliary Concession Stand as identified on Exhibit C and shall be used in conjunction with the related food service concessions. b. Alcoholic sales are permitted from 3:00 pm to 1:00 am or no later than up to the last half hour of the last movie showing, whichever occurs earlier. The theater use may continue to operate without alcohol service beyond the hours specified for alcohol service. C. No more than two alcoholic beverages shall be sold or served to any one person within any 12 -hour period. d. Beer and mixed drinks shall not be served in quantities that exceed 16 ounces, and wine shall not be served in a quantity that exceeds 12 ounces or as otherwise limited by the California Department of Alcoholic Beverage Control. e. Alcoholic beverages shall be sold and served in containers, which significantly differ in appearance from those containers utilized for non - alcoholic beverages. f. The use of WeScan ID verification or similar database shall be used for all alcohol sales. g. Eligible moviegoers consuming alcohol shall wear a distinctive colored band attached to their wrist by a qualified /trained employee of the age to serve alcohol. Colors shall be changed daily and at random. h. Guests may not bring or leave the premises with any alcoholic beverages. 02115117 CC A EN A PACKET FAG 494 CUP# 16 -0421 Page 3 of 5 5. Security Requirements. The premises shall continuously adhere to the Security operational conditions listed below. a. The owner, manager, or person in charge of the establishment shall be 21 years or older. At least one (1) such person shall be present on the premises at all times. No person under the age of 18 shall sell alcoholic beverages. b. * While the privileges of this permit are being exercised, the permit holder shall provide and maintain the minimum number of uniform security personnel to patron ratio inside the premise. Proprietary private security officers (as defined in Chapter 11.4, commencing with Section 7574) Division 3 of the Business and Professions Code. All proprietary security officers shall comply with Business and Professions Code 7574.2 and register with the Department of Consumer Affairs. This minimum ratio shall be at least one [I ] security person at four (4) auditoriums, plus one (1) trained staff at each of the remaining twelve (12) auditoriums. The permit holder shall require that a minimum of one [1] security person posted at each facility entrance, therein and prevent any activity which would interfere with the quiet enjoyment of property belonging to nearby residents or businesses. Uniformed security shall be provided anytime the privileges of this permit are being exercised, until 30 minutes after closing. c. * During operating hours, all security personnel shall wear clothing that clearly identifies them as "SECURITY" on the front and back of their shirt. During operating hours, employees shall wear clothing and /or a name plaque that identifies them as an employee of the establishment. During operating hours, all establishment employees and security personnel shall cooperate with law enforcement officers who are conducting official investigations on the premises. d. * The permit holder shall ensure that reasonable efforts are made to prevent the admission of any person whose conduct is described in Penal Code section 415 (fighting, loud noise, offensive words in public places) or section 647 (disorderly conduct) on the premises, parking lots and all other areas of the establishment controlled by the permit holder. The permit holder shall make reasonable efforts to remove persons exhibiting such conduct from the establishment. e. * The permit holder shall ensure the Bakersfield Police Department is contacted immediately in the event any minor on the premises attempts to obtain an alcoholic beverage through false pretenses. f. * Excessive service responses from any City of Bakersfield Department or Division to the permit holder's establishment could result in an investigation being instituted by the Bakersfield Police Department Vice Detail. The results of this investigation could result in additional conditions being placed on the permit, or revocation. 6. California Department Alcohol Beverage Control (ABC) Requirements. The premises shall continuously adhere to the ABC conditions listed below. Should a conflict occur between the ABC requirements and the conditions of approval, the more restrictive shall prevail. a. * The permit holder shall comply with all operating conditions imposed by the California Department of Alcoholic Beverage Control. 02115117 CC A EN A PACKET FAG 49.E C'UN 16 -0421 Pagel of b. Theater employees shall conduct auditorium inspections no more than 30 minutes apart to monitor for compliance with the California Department Alcohol Beverage Control license. C. All employees shall go through the Licensee Education on Alcohol and Drugs (LEAD) program and /or the Training for Intervention Procedures (TIPS) program administered or otherwise approved by the California Department of Alcohol Beverage Control. d. The liquor license shall be non - transferable to other locations. e. Any change in the approved alcoholic beverage licensure type (i.e., Type "47 ", on- premise general alcohol) for this site shall be reviewed by the Planning Director to determine if a new or modified Conditional Use Permit needs to be considered. Employees dispensing and /or serving alcohol must be 18 years or older; employees mixing cocktails must be 21 years or older. 7. General Requirements. The premises shall continuously adhere to the general Operating Conditions listed below. a. The permit holder shall obtain all required permits and approvals for alcohol sales and on -site consumption, prior to commencement of service. b. * A copy of the conditions of approval for Conditional Use Permit No. 16 -0421 shall be posted in a conspicuous place along with the establishment's issued business license and the California Department of Alcoholic Beverage Control license, and shall be presented to any peace officer or any authorized City official upon request. C. Window or other signage visible from the public right -of -way that advertises alcohol shall not be permitted. d. The following alcohol - related signs shall be prominently posed in a readily visible manner in English, Spanish, and the predominant language of the patrons: "California State Law prohibits the sale of alcoholic beverages to persons under 21 years of age "; ii. No Loitering or Public Drinking "; and iii. "it is illegal to possess an open container of alcohol in the vicinity of this establishment ". e. * The permit holder shall ensure that all City fees associated with the premises are current and paid in full. f. * The establishment's maximum occupant load number shall be posted over every door, which exits outside the premise. 02115117 CC A EN A PACKET FAG 496 f CUP# 16-0.121 Page 5 of 5 g. * The permit holder shall not allow the number of occupants inside the premise building to exceed the establishment's maximum occupant load, as determined by the Development Services Director or his designee and/or the Fire Chief or his designee. h. * Loitering is prohibited on the premises or areas under the control of the permit holder. The movie theater shall enforce the facility's policies as stated in the Operational Procedures & Policies provided in association with this Conditional Use Permit. * These conditions of approval are associated with standard conditions for Cabaret Permits; minor revisions have been made for site specific setting. Exhibit B (Location Map) 02115117 CC AGENDA PACKET PG 497 LU U) 0 w —1 LU 2 0 C) N owsvo 1�1 C) LU 0 z iE 9V-1�11 cNq CO, �. Pl- 1-1 ul U- fyi E F, Z A 3t 1.2 2� Z E: .2 C f Z3 2 23 Of I? fy 0 w IS NIAIVO .IS 3NIV13 N] OHISVO "I N > C) vilia < < —ISA670j RiHO Opl:17101AA 1107 C) -n,.:tD J -< 2 11, LL 0 1S OlV2i3W3 n aNONVIG 10 03NVO ex IS 31VE)V L3 d noNVHO -11'� ii / IIJ C1i N 0 02115117 CC AGENDA PACKET PG 498 O 0 w IS NIAIVO .IS 3NIV13 N] OHISVO "I N > C) vilia < < —ISA670j RiHO Opl:17101AA 1107 C) -n,.:tD J -< 2 11, LL 0 1S OlV2i3W3 n aNONVIG 10 03NVO ex IS 31VE)V L3 d noNVHO -11'� ii / IIJ C1i N 0 02115117 CC AGENDA PACKET PG 498 Exhibit C (Site Development Plan) 02115117 CC A EN A PACKET FAG 499 Z S" r�` �l >✓� c >...s' ' i:._ 4d.•1.�1.�^ iFull � , "3 i i_1 I Ll J ,a t— mill F Y n+1 j � ...,E � t ly ; 1' ,,.,.,... -._• '��. �k Ia .0 �t^ I r.. ! � � rJ cJ ci rr � ,T s WA STA c R:✓n. aru�.wx,. t ,+ l i 1 •..( 111 v ��� I ea I 1 Li11._ it711L Tl� (1 I1 7 $if 1 11 L, I Elf C1 l L1111. I i i1 I �;'Il fl J i, Ill lll' 71,r- UITTF* L 11L LfJL Ilk1 "11 LCL ll!11tiJ l7 fJ .f T . g , C CIJ E� °� � 11 I C �1 L 11Jt FfE.11 L1ID I[r1.C( ['11111 ' J 1 ©° Xi'f ���E,a X�JJJJ f11T11 ITt 1, 1 J IFri1] CL1Crl IJitJ'��I T A0-' 1 . fTJT]t T,1Tf1 11T.7J " LL?t{13i1 t Ltkll({TjI1J:IJ €1 ;rx'., �r,j:.: JF i E iS itll 1 : is il" 1 N. r} r �f _it1 i1LLi1� ITI L! I ,".., l.. J'i11TtiClti:. 1iNWJ-' Q�i -IT J tat�C.LTtTi!0-FE71C �t �vall n llt i� ... �rl TT TT " t1ITLTCLTii7rt 1 ,1Z1:, tCCi.ri- LJ.TCIZTJr y �S t l ilt?1't IL+.rr;.�: % "Y' d 4 02115117 CC AGENDA PACKET PG 500