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HomeMy WebLinkAbout06/28/17 CC AGENDA PACKETCouncil Chambers, City Hall, 1501 Truxtun Avenue Regular Meeting 3:30 PM REGULAR MEETING - 3:30 PM 1. ROLL CALL 2. PUBLIC STATEMENTS 3. INSTALLATION a. Resolution accepting the City Clerk's Certification and declaring the results of the Special Municipal Election for the election of Councilmember for Ward 5, held in the City of Bakersfield on June 6, 2017. Staff recommends adoption of the resolution. b. Administration of Oath of Office (new Councilmember seated) 4. WORKSHOPS 5. CLOSED SESSION a. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(1) (one matter). 6. CLOSED SESSION ACTION 7. ADJOURNMENT 06128117 CC AGENDA PACKET PG 1 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 INSTALLATION 3. a. TO: Honorable Mayor and City Council FROM: Christopher Gerry, Assistant to the City Manager DATE: 6/13/2017 111-11 V 03 SUBJECT: Resolution accepting the City Clerk's Certification and declaring the results of the Special Municipal Election for the election of Councilmember for Ward 5, held in the City of Bakersfield on June 6, 2017. Staff recommends adoption of the resolution. BACKGROUND: This resolution is required to accept the City Clerks Certification of the Canvass of Results of the Special Municipal Election held June 6, 2017, as certified by the Kern County Clerk. This certification declares the following person elected to the Office of Councilmember, Ward 5, to fill the unexpired term of Jeff Tkac, commencing June 28, 2017, and expiring when a successor is elected, qualified, and has received the Oath of Office in December 2020. Ward 5: Bruce Freeman F-11 i all M I ��i 14 Ll k &-3 Description Type D ReSdUdOlrl Resokltblrl D C tyC ink's Ceirt�f�cateofCairivas EXH&T/k Exhbt D COUIrlty C eirk's CeirIfficate of the ReSdtS of the Spec,4� Exhbt Becton EM H&TB 06128117 CC AGENDA PACKET PG 2 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD ACCEPTING CITY CLERK'S CERTIFICATION DECLARING THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION FOR THE ELECTION OF COUNCILMEMBER TO THE CITY COUNCIL IN THE FIFTH WARD, IN THE CITY OF BAKERSFIELD HELD ON THE 6TH DAY OF JUNE 2017. NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Bakersfield does hereby find, determine and declare as follows: SECTION 1. A. That pursuant to applicable law, a Special Municipal Election was held in the City of Bakersfield on the 61h day of June 2017, for the purpose of electing a Councilmember to fill the unexpired term to the City Council in Ward 5; and B. Said election was held and conducted in conformity with all applicable provisions of the law; and C. That pursuant to the direction of the City Council, the County Clerk of the County of Kern has conducted a Canvass of Results, attached as Exhibit "B ", which has been examined and accepted by the City Clerk; and D. That the City Council does hereby accept the City Clerk's Certification of the Canvass of Results, attached hereto as Exhibit "A," and does hereby resolve, determine and declare the results of said Special Municipal Election for the Office of Councilmember to be as follows: Ward 5 - Bruce Freeman E. That the City Clerk does hereby declare the person elected to the Office of Councilmember in Council Ward 5 shall serve until the successor is elected and qualified in 2020; and F. That the City Clerk shall certify to the passage and adoption of this Resolution. MENWIM 1 0612$117 CC AGENDA PACKET FCC 3 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 June 28, 2017, by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: ABSENT: COUNCILMEMBER: su e I By KAREN GOH Mayor APPROVED AS TO FORM: En VIRGINIA GENNARO City Attorney RIVERA, GONZALES, WEIR, SMITH, SULLIVAN, PARLIER Exhibit "A" & "B" Attached S:\ Election \RESOLUTIONS \2017 \DECLARE RESULTS Ward 5.doc June 20, 2017 2 CHRISTOPHER GERRY ACTING CITY CLERK Clerk of the Council Bakersfield and Ex Officio of the City of 0612$117 CC AGENDA PACKET FCC Bruce Freemain 3,649 Ryan Nance 1,923 Noel Pineo 309 CHRISTOPHE,116ERRY City Clerk S:\Election\CERTgFBCA'T'IONS42017\CI-ERK CERTIFICATION RESULTS Ward 5-DOG 06128117 CC AGENDA PACKET PIS 5 EXHIBIT "B" CERTIFICATE, OF'(" , OUNTY CLF'RK. ASTO RESULT()I ^" 'I"f IE (.'ANVASS S1117CIAL I IEI-I),I[.JNI-" 6, 201` STATE OFCALIF'ORNIA 0F'KE'R,N 1, MARY 1$. 131: >"D RI), Oerk, C'Millty of Kern, State of California, 1-fl"REBY CERTIFY that I bavc canvassed the retUrnS Of 1110 votes cast at the SlIECIAL held oil June 6, 2017 and that the whole numbu of votes cast for ajid against each candidate and the whole number ot'votes cast for and against each IIICOSURV, as posted and oil file, are I'll]], true and correct, IN WITNESS I IFIRIJ F I do hereby set my, ]land and the Official Seal OftlIC ("OUIlty Of Kern this 15"' day of.fune 2017. z MARY B. Bi "DARI) Atiditor-("onti-ollei--Cotiiity Uerk County of Fern State ofCaliforma 06128117 CC AGENDA PACKET PG 6 R.age: I of 2 Elections Summary Report Special Election Kern County Summary for: All Contests, All Districts, All Counting Groups Official Final Results Precincts Reported! 54 of 54 (100D0%) Registered Voters: 10,822 of 42,388 (2533%) Ballots Cast: 10,822 CITY OF BAJCERSFIELD WARD 5 (Vote for i) Precincts Reported� 34 of 34 (1.00.001%) ..... .... Total Times Cast 5,909 28,649 2063% BRUCE FREEMAN 3,649 62,05% RYAN NANCE 1,923 32,70I% NOEL PINEO 309 5.25% Total Votes 5,881 ()/.L5/X)1. 7 1106: 10 ArA CITY OF CALIFORNIA CITY TAX MEASURE "All MAJOR.ITY (Vote for i) Precincts Reported: 6 of 6 (100.00%) Times Cast 1,580 / 5,564 28A0% Yes 1,183 75,06% 'N o 393 24,94% . ..... ...... . ToW Votes 1,576 CITY OF" CALIF ORNIA CITY PARCEL, 1AX MEASUR.E"B" 2/3RDS (Vote for 1) Precincts Reported: 6 of 6 (100,00%,) ('Times Cast I 1..58'6 / 5,564 j 28.40% No 848 53.81% Yes 727 46.16% �Totall Votes 1575 06128117 CC AGENDA PACKET PG 7 Flaw! ) of 2 6/1')/ 2 ().1. / it Gd 0 1 1 l') A NI KERN VALLEY HEALTHCARE DISTRICT PARCEL TAX MEASURES "C" 2/3RDS (Vote for :0 Precincts Reported: 14 of 14 (100,00'Yo) 06128117 CC AGENDA PACKET PG 8 TOW Times Cast 3,333 f 8,17'5 4037% Ca ada ate Party ToW Yes 1,719 51-67% No lr608 48,33% Totall Votes 3,327 06128117 CC AGENDA PACKET PG 8 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Closed Session 5. a. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 6/15/2017 111-11 N 03 SUBJECT: Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(1) (one matter). STAFF RECOMMENDATION: BACKGROUND: 06128117 CC AGENDA PACKET PG 9 BAKERSFIELD CITY COUNCIL AGENDA MEETING OF JUNE 28, 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 Steven Yeary, Family Community Fellowship. 3. PLEDGE OF ALLEGIANCE by Sam Baldovinos, 9th grade student at Bakersfield Christian High School. 4. PRESENTATIONS a. Presentation of a Proclamation by Mayor Goh to Dianne Hoover, Recreation and Parks Director, declaring July 2017, Recreation and Parks Month in Bakersfield. b. Presentation of Certificates of Appreciation by Mayor Goh to sponsors of the July 4th Celebration: PG&E, Adventist Health, Rabobank NA, California Water Co., and E&B Natural Resources. C. Presentation by Mayor Goh of Certificates of Appreciation honoring the Kern High School District's 2017 First in Class students in the Greater Bakersfield area. 5. PUBLIC STATEMENTS a. Written material submitted during the Public Statements portion of the meeting. 6. WORKSHOPS 7. APPOINTMENTS 8. CONSENT CALENDAR Staff recommends adoption of Consent Calendar items. Minutes: a. Approval of minutes of the June 5, 2017, Budget Presentation Meeting and the June 7, 2017, Regular City Council Meetings. Payments: 06128117 CC AGENDA PACKET PG 10 b. Receive and file department payments from May 26, 2017, to June 15, 2017, in the amount of $20,788,835.42, Self- Insurance payments from May 26, 2017, to June 15, 2017, in the amount of $335,352.38, totaling $21,124,187.80. Ordinances: C. First Reading of an Ordinance amending Chapter 14.02 of the Bakersfield Municipal Code relating to Water Use Regulations. d. First Reading of an Ordinance amending Chapter 2.60.030 of the Bakersfield Municipal Code relating to the appointment of members and alternates of the Bakersfield Youth Commission. e. Adoption of an Ordinance adding Section 9.13.050 of the Bakersfield Municipal Code relating to Unregulated Chemicals. (FR 06107117) f. Adoption of the following Ordinances amending various sections of the Bakersfield Municipal Code: (FR 06107117) 1. Amending Section 2.72.120 relating to Appointments 2. Amending Section 2.84.020 relating to Salary Plan 3. Amending Section 2.84.150 relating to Acting Appointments, Temporary Assignments and Rates of Pay 4. Amending Section 2.84.160 relating to Salary Adjustments 5. Amending Section 2.84.210 relating to Overtime - Compensatory Time 6. Amending Section 2.84.220 relating to Overtime - Accumulation 7. Amending Section 2.84.500 relating to Sick Leave - Proof of Illness 8. Amending Section 2.84.620 relating to Leaves of Absence 9. Adoption of the following Ordinances amending various sections of the Bakersfield Municipal Code: (FR 06107117) 1. Amending Section 1.34.010 relating to Appeals to the City Manager 2. Amending Section 12.30.060 relating to Wireless Telecommunication Facilities in the Public Right-of-Way 3. Amending Section 15.72.120 relating to Historic Designation 4. Amending Section 15.78.010 relating to MBHCP Mitigation Program Definitions 5. Amending Section 15.78.090 relating to MBHCP Violations 6. Amending Section 17.08.210 relating to Approval of 06128117 CC AGENDA PACKET PG 11 Development Entitlement Conditioned on Indemnification of City 7. Amending Sections 17.16.026 and 17.18.026 relating to Solid Masonry Walls 8. Amending Section 17.25.020 relating to Central Business Zone Uses 9. Amending Section 17.28.030 relating to Light Manufacturing Zone Uses 10. Amending Section 17.64.060 relating to CUP Appeal Hearings Resolutions: h. Resolution adopting the 2015 Urban Water Management Plan. i. Resolution to authorize sale of surplus Chevrolet Venture van to Bakersfield Homeless Center, a non-profit organization, for $1,000. Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorizing collection of the assessments by the Kern County Tax Collector. Ward I k. Resolution approving the submission of an application to the U.S. Department of Transportation Federal Aviation Administration for funding of an improvement project at the Bakersfield Municipal Airport under Airport Improvement Program Project No. 3-06-0323-020 and authorizing the City Manager or designee to execute all necessary documents. Ward(s) 3, 4 1. 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. 1926 to add Area 1-118 (2810 Mosasco Street) — Ward 4 2. ROI No. 1927 to add Area 4-167 (4201 Arrow Street) — Ward 3 Agreements: M. Annual renewal of agreements with Clifford & Brown for legal services regarding general miscellaneous issues for ($75,000) and general personnel issues for ($75,000). n. Agreement with Duane Morris, LLP, for Fiscal Year 2017- 18 ($500,000) for legal services regarding water-related matters. 06128117 CC AGENDA PACKET PG 12 Ward 5 0. Final Map and Improvement Agreement with Castle & Cooke California, Inc., for Tract 7300, Unit 1 located South of Ming Avenue and North of The Kern River Canal. Ward 4 P. Agreement with Skarphol Associates (not to exceed $55,000) for architectural design consultant services for the Water Resources Department Office Building Expansion Project. Ward(s) 2, 3, 4, 5, 6, 7 q. TCP Mitigation Project: 1. Agreement with W.M. Lyles Co. (not to exceed $1,272,800) for Phase 1 Design/Build services associated with Emergency TCP Mitigation Project. 2. Appropriate $1,272,800 Fund Balance to the Water Resources Capital Improvement Budget within the Domestic Enterprise Fund. r. Consultant agreements providing for on-call civil engineering and surveying services for non-federally funded capital improvement program projects during Fiscal Years 2017- 18 and 2018-19: 1. Agreement with AECOM Technical Services, Inc. (not to exceed $300,000). 2. Agreement with Meyer Civil Engineering, Inc. (not to exceed $300,000). 3. Agreement with Ruettgers and Schuler Civil Engineers (not to exceed $300,000). S. Amendment No. 4 to Agreement No. 15-185 with Kern Sprinkler Landscaping Inc. ($600,000; revised not to exceed $2,040,000 and extend term one year) for the continued supply of on-call irrigation and landscape services. Ward(s) 2, 3 t. Amendment No.1 to Agreement No. 15-308 with Skidmore, Owings & Merrill LLP (no change in compensation) to prepare Downtown Bakersfield High Speed Rail Station Area Plan and associated documents. U. Amendments to various consultant agreements for additional on-call engineering services for the Capital Improvement Program: 1. Amendment No. 3 to Agreement No. 13-099 with Meyer Civil Engineering, Inc (no change in compensation and extend term one year). 2. Amendment No. 3 to Agreement No. 13-100 with Quad Knopf, Inc (no change in compensation and extend term one year). 3. Amendment No. 3 to Agreement No. 13-101 with Ruettgers & Schuler Civil Engineers (no change in compensation and extend term one year). 06128117 CC AGENDA PACKET PG 13 Property Acquisition Agreements -TRIP: AM Ward I V. Reject all bids for Sewer Lift Station at Monitor Street and White Lane Project. Ward 2 W. Accept bid and approve contract with Southwest Lift & Equipment, Inc., ($115,520) to replace a vehicle lift for the Fleet Division at the Corporation Yard. Ward 2 X Accept bid and approve contract to Southwest Lift & Equipment, Inc. ($113,181) for a replacement platform vehicle lift for the Fleet Division at the Corporation Yard. Ward 7 Y. Storm Drain Improvements on Hosking Avenue between Wible Road and Granite Peak Street: 1. Accept bid and approve contract with American Construction and Excavation ($177,866) for construction of said improvements. 2. Appropriate $32,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Capital Improvement Program to fund construction of said improvements. Miscellaneous: Z. Appropriate $200,000 from the Board of State and Community Corrections Trust Account to the Police Department operating budget within the General Fund. aa. Authorize the Finance Director to write off accounts receivable in various funds totaling $84,063.99 and forward non bankrupt accounts to a collection agency for additional collection efforts. ab. Acceptance of FY 2015-16 Transportation Development Act Funds Audit Reports: 1. Independent Auditor's Reports, Fund Financial Statements, and Supplementary Information. 2. Agreed Upon Conditions for the Fiscal Year Ended June 30, 2016. Successor Agency Business: 9. CONSENT CALENDAR PUBLIC HEARINGS Staff recommends conducting Consent Calendar Public Hearing and approval of items. 10. HEARINGS Ward 4 a. Public Hearing to consider a resolution ordering the summary 06128117 CC AGENDA PACKET PG 14 vacation of a portion of a waiver of direct access along Stockdale Highway and street right-of-way at the Stockdale Highway driveway entrance at 12800 Stockdale Highway. Staff recommends the hearing be opened and closed and no action be taken. 11. REPORTS 12. DEFERRED BUSINESS a. Fiscal Year 2017-18 Budget: 1. Resolution Approving and Adopting the Operating and Capital Improvement Budgets for the City of Bakersfield, CA for the Fiscal Year 2017-18. 2. Resolution Establishing the City of Bakersfield Appropriations Limit for Fiscal Year 2017-18. Staff recommends adoption of the resolution approving the FY 2017-18 operating and capital budget with adjustments as outlined. 13. NEW BUSINESS 14. COUNCIL AND MAYOR STATEMENTS 15. ADJOURNMENT 06128117 CC AGENDA PACKET PG 15 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Presentations 4. a. TO: Honorable Mayor and City Council FROM: Mayor Karen Goh DATE: 5/10/2017 111-11 V 03 SUBJECT: Presentation of a Proclamation by Mayor Goh to Dianne Hoover, Recreation and Parks Director, declaring July 2017, Recreation and Parks Month in Bakersfield. STAFF RECOMMENDATION: BACKGROUND: 06128117 CC AGENDA PACKET PG 16 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Presentations 4. b. TO: Honorable Mayor and City Council FROM: Mayor Karen Goh DATE: 6/2/2017 111-11 V 03 SUBJECT: Presentation of Certificates of Appreciation by Mayor Goh to sponsors of the July 4th Celebration: PG&E, Adventist Health, Rabobank NA, California Water Co., and E&B Natural Resources. STAFF RECOMMENDATION: BACKGROUND: 06128117 CC AGENDA PACKET PG 17 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Presentations 4. c. TO: Honorable Mayor and City Council FROM: Mayor Karen Goh DATE: 6/2/2017 111-11 V 03 SUBJECT: Presentation by Mayor Goh of Certificates of Appreciation honoring the Kern High School District's 2017 First in Class students in the Greater Bakersfield area. STAFF RECOMMENDATION: BACKGROUND: 06128117 CC AGENDA PACKET FAG 18 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Public Statements 5. a. TO: Honorable Mayor and City Council FROM: Christopher Gerry, Acting City Clerk DATE: 7/5/2017 111-11 V 03 SUBJECT: Written material submitted during the Public Statements portion of the meeting. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description D Mona SdhU Type Correspondence 06128117 CC AGENDA PACKET PG 19 MEMORANDUM To: Bakersfield City Manager, Mayor, and City Council Members From: Mona Sidhu 6401 Citrus Hills Drive Bakersfield, CA 93306 fairmonas @aol.com (510) 932 -9809 Re: Hate crime prosecution of David Scott Hook (Kern County Superior Court case # BM894578A) Purpose of this Memorandum: On October 25, 2016 David Hook was charged with violations of Penal Code sections 243(a) [battery], and 422.6(a) [a misdemeanor violation of the California hate crimes statute]. I do not have sufficient information to express any opinions about the investigation of the case by the Bakersfield Police Department or any other matters leading up to the decision by the Kern County District Attorney's Office to charge Mr. Hook. I am only addressing the final resolution of the criminal case. I am aware that crimes are prosecuted by a county department, but the crime occurred in Bakersfield and therefore this is an appropriate matter for your consideration. I am concerned about the effectiveness of this specific prosecution in dealing with the harm that Mr. Hook's actions inflicted upon the community, and about the troubling precedent that has been set for future prosecutions of similar crimes. The District Attorney's failure to require Mr. Hook to perform even a bare minimum amount of community service or, at the very least, to apologize to Mr. Singh does not inspire confidence in this county's commitment to combat hate crimes. This is not just about Mr. Singh and Mr. Hook. The county's lax attitude in resolving this case sends the wrong message to others who might consider acting on their hatred towards certain communities. Facts underlying the charges: The victim, Mr. Balmeet Singh, said that Mr. Hook accosted him outside a restaurant, accused him of wanting to blow up his country, and at some point threw his drink on Mr. Singh. Mr. Singh also stated that before Mr. Hook left, he threatened to kill Mr. Singh. Mr. Hook claims to have heard something about a bomb. According to news reports, Mr. Hook admitted to thinking Mr. Singh was a Muslim and claimed it was his constitutional right to act in defense of his country. (See attached October 21, 2016 news article.) Mr. Hook's no contest pleas: On December 22, 2016, I was present in court when Mr. Hook entered his pleas of no contest to both charges. Mr. Hook ended up sitting near me and I heard his entire conversation with the Deputy District Attorney (D.D.A.) handling the case. These are the most relevant parts of that conversation: 1. Mr. Hook insisted that he was "not guilty at all" and had been "falsely accused ". He said he could not afford to keep coming to court. He was willing to take an offer if it did not involve an admission of guilt. He was advised that he could enter a no contest plea. 2. Mr. Hook was concerned he would lose his "Second Amendment rights for ten years" if he took a 0612$117 CC AGENDA PACKET FAG 2 plea deal and asked if that was true. The D.D.A. said she would text her supervisor to find out. She subsequently told him that her supervisor had confirmed that his gun rights would not be affected. 3. Mr. Hook was told that if he resolved the case, he would be placed on three years summary court probation, he would be required to pay a fine, he would be given credit for any time served in jail (he informed the D.D.A. that he had posted bail before turning himself in and so he had not served any time), and finally, he was given a choice of attending 10 weeks of anger management classes or participating in one meeting with the victim. 5. Mr. Hook asked the D.D.A what was supposed to happen at the meeting. She told him she didn't know. She did not offer to text her supervisor to find out what was expected at the meeting. Mr. Hook asked why "the guy" wanted to meet him and wondered, "is he going to accuse me of something else and try to get into another altercation ?" He made several efforts to ascertain what the purpose of the meeting was. The D.D.A. made no effort to get answers for him. Eventually he said he would opt for the one meeting over the 10 weeks of classes as long as there was a neutral mediator at the meeting. The D.D.A. did contact her office to request that a third person attend the meeting, but she did not try to determine the purpose of the meeting or to convey any such information to Mr. Hook. 6. Mr. Hook entered pleas of no contest to both charges with the condition that someone else would be at his meeting with Mr. Singh. He was sentenced to 3 years summary court probation, given credit for time served, ordered to pay a fine, and required to attend the one meeting with Mr. Singh. There were no requirements for anger management or community service. There was no requirement that he apologize, something that is often demanded if such a degree of leniency is shown in sentencing. Inadequacies in the mrosecution of the case: The failure to require community service, anger management, or even an apology is quite baffling. The hate crime statute under which Mr. Hook was prosecuted specifically envisions community service as part of the penalty (see attached text of statute). I can think of no good reason why Mr. Hook was not ordered to perform community service. On the other hand, the goals of restorative justice would have been well served by such a condition of his plea. Perhaps that is why the terms of community service are spelled out with such specificity in the hate crimes statute. Offering Mr. Hook the option of doing anger management also defies reason. Why let him be the judge of whether he needed counseling for his unacceptable and criminal behaviour? Did anyone really expect him to opt for 10 weeks of classes with the attendant risk of violating probation if he failed to comply, when his other option was a meeting where he simply had to show up? In fact the only terms of the meeting were dictated by Mr. Hook when he insisted that a third party be present for his protection from further "false charges ". This attitude should have sent up all kinds of red flags that Mr. Hook was in dire need of counseling to gain insight into his behaviour. Mr. Hook's sentence also seems out of step with similar cases, even in counties with a reputation for far more leniency in their criminal justice systems. (See attached article about Castro Valley case. There are obvious differences between the two cases, but there are enough similarities such that a comparison is still useful. Even if you believe Mr. Hook didn't warrant as many hours of anger management or community service as the defendant in that case, I think you will agree there should have been at least some of both.) This is even more perplexing in light of Mr. Hook's complete lack of remorse or acceptance of any responsibility. 0612$117 CC AGENDA PACKET FAG 21 The failure to even ask for an apology or admission of wrongdoing is also odd since the D.A.'s office has clearly demonstrated its ability to do so in other types of cases. (See attached article on Hearn murder case where apology was part of the plea deal.) It appeared that every effort was being made to resolve this case prior to trial, no matter what had to be given up to get that result. I cannot see the reasoning behind that strategy. The very first offer made to Mr. Hook was so generous that it seems designed to simply get the convictions and a fine, without any regard to accomplishing anything that would try to address the problem of hate crimes and their impact on the larger community. Public statements by the D.A.'s office regarding this case: When charges were filed, there was a press release from the D.A.'s office briefly stating the nature of the charges and the basis for filing them. The office declined to make any further statements at the time, which could lead one to reasonably conclude that more statements might be forthcoming after the case was resolved. (See attached press release on Hook case.) It is important to note that this press release did not mention any death threats or the specific Islamophobic basis for the attack. There was no subsequent press release or statement by the D.A.'s office. In a roughly contemporaneous case, the D.A.'s office reacted quite differently. In a case involving an elderly resident who refused to follow orders and physically resisted law enforcement officials as he tried to return to his home in a wildfire affected area, the D.A.'s office issued an initial brief statement, as they did in Mr. Hook's case. But the very day that case was resolved, the office issued a literal blow by blow account of the incident. That press release serves to educate the public about what kind of behaviour is expected when dealing with law enforcement, and what to expect if one veers from those expectations. (See enclosed press releases on the Palme case.) No such effort was made to educate the public in regards to hate crimes at the conclusion of the Hook case, although there was a clear implication that there would be some kind of statement at the conclusion of the case. Conclusion: In the case of Mr. Hook, I believe the D.A.'s office missed several opportunities to deal effectively with the problem of hate crimes, and specifically with Islamophobia based crimes against Muslims and those perceived to be Muslim. If the only measure of a successful prosecution is a conviction, then this was undeniably a win for the D.A.'s office, but at what cost? It was not an unqualified win for the community and I believe we can learn from this experience to do better next time. And if the only thing Mr. Hook has learned is that he needs to know the difference between Sikhs and Muslims, then the system has not just failed the community, it has also failed him. 1. By not addressing the Islamophobic basis of the crime, the D.A.'s office squandered an opportunity to address one of the fastest growing categories of hate crimes. It affects not only innocent Muslims, but also those perceived to be Muslim. This was an opportunity to reassure members of the targeted communities that their safety was important to their government officials, but no such message was delivered. In fact, the failure to require, or even ask, Mr. Hook to do anything constructive to address his bigotry or violent tendencies sends the opposite message. 0612$117 CC AGENDA PACKET FAG 22 2. Hate crimes are often underreported and many times it is because of confusion over what constitutes a crime. Since the D.A.'s press release did not mention statements by Mr. Hook and only references the throwing of the drink as the basis for prosecution, it left many unanswered questions that should have been addressed in a subsequent statement. Did the D.A.'s office not believe there was evidence to substantiate Mr. Singh's assertions about death threats made by Mr. Hook? Did they believe there was sufficient evidence, but that the statements were protected speech and did not violate the law? Were Mr. Hook's words even a factor in his being charged with the crimes? The most disquieting aspect of the incident was the allegation of death threats, but they were not even mentioned in the press release. 3. It would be helpful if the community knew why Mr. Hook was not required to address his behaviour through anger management counseling or why he was not required to perform community service. The Bakersfield Police Department website has a very clear statement (see attached BPD document) regarding hate crimes: .Hate crimes can cause a distinctly harmful emotional impact that expands beyond the individual victim. These crimes intimidate others in the victim's community, making them feel isolated, vulnerable and unprotected. Hate crimes polarize communities and damage the tightly -knit fabric of our society. Because hate crimes present unique dangers and harms, they require unique tools and laws to address, combat, and prevent them. Those tools were available, but the Kern County District Attorney's Office chose not to employ them in this case. I believe it is worthwhile to examine why that happened and to prevent such a lapse from happening again. This prosecution must not be allowed to serve as an example or precedent for any similar incidents in the future. If you agree that there are questions that need to be answered, I urge you to ask the District Attorney's Office to provide those explanations. If you agree that this case was not handled appropriately, I urge you to express your concerns, not just to the D.A.'s office, but to the community you represent. I urge you not to let this case become the accepted benchmark for prosecutions for similar crimes. 0612$117 CC AGENDA PACKET FAG 23 6/28/2017 D.A. charges Bakersfield man with hate crime following attack on local Sikh resident I News I bakersfield.com D.A. charges Bakersfield man with hate crime following attack on local resident BY STEVEN MAYER smayer @bakersfield.com Oct 21, 2016 1 At a "Dialogue Against Hate," held last week, Balmeet Singh tells the Burger in Bakersfield last month. Dr. Manbir Singh, Balmeet's father, i Rod Thornburg/ for The Californian The Kern County District Attorney's Office today filed misdemeanor charges against a Bakersfield man who allegedly accosted a local Sikh man outside of a California Avenue restaurant on Sept. 30, cursing at him, threatening him and drenching him with a drink. According to a release from the D.A.'s office, defendant David Scott Hook, 40, has been charged with one count of interference with the exercise of a civil right and one count of battery. http: / /www.bakersfield.com/ news /d-a- charges- bakersfield- man - with -hate- crime - following- attacklar 6/2 / j 7 CC AGENDA PACKET PG 2 6/28/2017 D.A. charges Bakersfield man with hate crime following attack on local Sikh resident I News i bakersfield.com Kern County District Attorney Lisa Green said the civil rights charge falls under the legal category of a hate crime. "It is alleged defendant David Hook threw liquid on another individual because he appeared to be of a different religion or race," the D.A.'s release said. Green's office verified that this case is connected to the alleged attack on Balmeet Singh, whose reaction to the incident published in The Californian earlier this month garnered attention and sympathy from several quarters across community. The alleged attacker "said I was a threat to the country I grew up in, the country I was born in," Singh told hundreds who gathered last week at a Sikh temple, known as a gurdwara, on Stine Road in southwest Bakersfield. The event, which included several guest speakers, was called a "dialogue against hate." Singh, 30, was standing outside the Habit Burger restaurant, on the phone with his 13- year -old nephew, when he was allegedly approached by the irate Mr. Hook. "You gonna blow up this country," Singh said the man screamed at him, before swearing and yelling that he was going to kill him. Then the man threw the contents of his drink on him, Singh said. Eventually the man drove away. Singh, his beard and traditional turban soiled and made sticky by the liquid, captured the license plate and called police. In a conversation with a Bakersfield Police Department investigator, Singh said he was told the man was identified and questioned. The man told police he thought Singh was a Muslim. Singh said he was disappointed that people seated on the restaurant patio who witnessed the incident did not come to his aid, but instead looked away when he tried to meet their eyes. But he also expressed gratitude for the outpouring of support he has received from hundreds, even thousands, in the community. But he wanted to be clear on one important point. Had he been Muslim or Arabic, and not a Sikh man whose family immigrated from India, the assault still would have been wrong. http: / /www.bakersfield.com/ news /d- a- charges- bakersfield- man - with -hate- crime - following- attacklar 6/2 /l 7 CC AGENDA PACKET PG 25 6/28/2017 D.A. charges Bakersfield man with hate crime following attack on local Sikh resident I News I bakersfield.com If convicted, Hook could face up to one year in jail and a fine. Green said Friday it wouldn't be appropriate for her to comment specifically about the case at this time. "We take this case seriously," Green said, "as we do all criminal cases." http: / /www.bakersfield.com /news /d -a- charges- bakersfield- man -with- hate - crime - following- attacklai 6/2 / j 7 CC AGENDA PACKET PG 26 6/28/2017 https :l /leginfo.legislature.ca.gov/ faces /printCodeSectionWindow.xhtml ?IawCode= PEN &sectionNum = 422.6. &op _statues = 2004 &op_chapter = 700... PART g, OF CRIMES AND PUNISHMENTS [25 - 68®] ( Part 1 enacted 1872. ) TITLE 11.6. CIVIL RIGHTS 1422.55 - 422,931 ( Title 11.6 added by Stats. 1987, Ch. 1277, Sec. 4. ) CHAPTER 2, Crimes and Penalties 1422.6 - 422,8651 ( Chapter 2 heading added by Stats. 2004, Ch. 700, Sec. 7. ) (a) No person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate, 422.6, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim listed in subdivision (a) of Section 422.55. (b) No person, whether or not acting under color of law, shall knowingly deface, damage, or destroy the real or personal property of any other person for the purpose of intimidating or interfering with the free exercise or enjoyment of any right or privilege secured to the other person by the Constitution or laws of this state or by the Constitution or laws of the United States, in whole or in part because of one or more of the actual or perceived characteristics of the victim listed in subdivision (a) of Section 422.55. (e) Any person convicted of violating subdivision (a) or (b) shall be punished by imprisonment in a county jail not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), or by both the above imprisonment and fine, and the court shall order the defendant to perform a minimum of community service, not to exceed 400 hours, to be performed over a period not to exceed 350 days, during a time other than his or her hours of employment or school attendance. However, no person may be convicted of violating subdivision (a) based upon speech alone, except upon a showing that the speech itself threatened violence against a specific person or group of persons and that the defendant had the apparent ability to carry out the threat. (d) Conduct that violates this and any other provision of law, including, but not limited to, an offense described in Article 4.5 (commencing with Section 114 10) of Chapter 3 of Title 1 of Part 4, may be charged under all applicable provisions. However, an act or omission punishable in different ways by this section and other provisions of law shall not be punished under more than one provision, and the penalty to be imposed shall be determined as set forth in Section 654. (Amended by Stats. 2004, Ch. 700, Sec. 8. Effective January 1, 2005) https :llleginfo.legislature.Ga.gov / faces 1printCodeSectionWindow.xhtml ?IawCode= PEN &sectionNu 6/2 /l 7 CC AGENDA PACKET PG 27 6/27/2017 Castro Valley resident takes plea deal in coffee - throwing attack on Muslim New > Crime & Courts Castro Valley woman takes plea deal for coffee attack on Muslim man Denise Rader must take anger management lasses as part of her sentence for throwing coffee on Muslim man By MALAIKA FRALEY I PUBLISHED: September 9, 2016 at 11:41 am I UPDATED: September 10, 2016 at 9:27 am CASTRO VALLEY — A 51- year -old Castro Valley woman recently took a plea deal for throwing hot coffee on a Muslim man during a confrontation over his religion at a Castro Valley park last year, an incident that was caught on video and went viral on the internet. http: / /www.eastbaytimes.com /2016/09/09/ woman - takes- plea - deal - for - coffee - attack- on- muslinv 0612$117 CC A EN A PACKET FAG 28 t «c r f 1w 4 a 1 3� rt: By MALAIKA FRALEY I PUBLISHED: September 9, 2016 at 11:41 am I UPDATED: September 10, 2016 at 9:27 am CASTRO VALLEY — A 51- year -old Castro Valley woman recently took a plea deal for throwing hot coffee on a Muslim man during a confrontation over his religion at a Castro Valley park last year, an incident that was caught on video and went viral on the internet. http: / /www.eastbaytimes.com /2016/09/09/ woman - takes- plea - deal - for - coffee - attack- on- muslinv 0612$117 CC A EN A PACKET FAG 28 6/27/2017 Castro Valley resident takes plea deal in coffee- throwing attack on Muslim Denise Slader, also known as Denise Sanchez, was sentenced in August to three years court probation, and 20 days in jail that can be served via the Alameda County Sheriff's alternative work program, according to the Alameda County District Attorney's Office. The sentence included orders to complete 26 anger management classes and 60 hours of volunteer work, and to stay away from the victim, Stan Pizmcis n resident. Kasheed Albeshari, and Chabot Regional Park. "It was an unfortunate incident and it would appear that she has gained insight into her own inappropriate actions," Slader's attorney, Robert Beles, said Friday. Denise Slader, leaves a Hayward, Calif., courtroom with her attorney Jerry Lipkin, right, on Tuesday, Dec. 29, 2015. Slader is involved in an assault and battery case involving a group of Muslim men in Castro Valley. (Dan Honda /Bay Area News Group) Authorities say Albeshari and his friends had just finished praying at the park on Dec. 6, 2015 when Slader confronted them about their religion. Slader was accused of throwing coffee at Albeshari and hitting him with an umbrella despite a park ranger's attempt to diffuse the situation. Slader's attorney said in court that Slader suffered harassment as a result of Albeshari's cell phone video of her making anti - Muslim rant went viral online. Slader, a longtime California Department of Corrections and Rehabilitation employee, pleaded no contest last month to misdemeanor battery in connection with the incident. In exchange for the plea, the court dismissed a misdemeanor hate crime charge. Tags: Coin s Malaika Fraley East Bay native Malaika Fraley is an award - winning criminal justice reporter and formerly covered courts for the Bay Area News Group. SPONSORED CONTENT Axe Cigarette Butts Harmless? Check This Out [Video] By'FobacsnfreeCA Cigarettes aren't just dangerous when they're smoked. Millions of discarded cigarette butts are causing harm to the environment long after. To... http: / /www.eastbaytimes.com /2016 /09 /O9/woman- takes - plea -deal- for - coffee - attack -on- muslim/ 0612$117 CC AGENDA PACKET PG 29 6128/2017 Accused gunman in deadly love triangle takes plea deal I News I bakersfield.com Accused gunman in deadly love triangle takes plea deal BY JASON KOTOWSKI jkotowski @bakersfield.com Jan 9, 2017 1 Jonathan Michael Hearn as seen in 2014. Hearn accepted a plea agreement tl involvement in killing Robert Limon two years ago. Henry A. Barrios/ The Californian The accused gunman in a deadly love triangle accepted a plea agreement Monday that will send him to prison for 25 years and four months in exchange for testifying against a woman who allegedly plotted with him in killing her husband in Tehachapi more than two years ago. Jonathan Hearn, 26, pleaded guilty at about 2 p.m. to crimes including voluntary manslaughter, attempted murder and poisoning before Judge Charles R. Brehmer. Originally charged with first - degree murder, Hearn had faced life in prison if found guilty. http: / /www.bakersfield.com /news/ accused - gunman -in- deadly -love- triangle- takes - plea - deal /article_ 6/2$/1 7 CC AGENDA PACKET PG 3 6/28/2017 Accused gunman in deadly love triangle takes plea deal i News I bakersfield.com For the deal to remain intact, the judge said Hearn must cooperate with authorities and testify against co- defendant and former alleged lover Sabrina Limon. He must also issue an apology to the family of victim Robert Limon. When questioned by Brehmer, Hearn, wearing a dark - colored suit, blue dress shirt and tie, said he understood the terms of the deal and had signed it. Prosecutor Eric Smith said afterward he could not comment due to the ongoing case against Sabrina Limon. Documents outlining the allegations against her will be filed soon, he said. On Nov. 18, 2014, Sabrina Limon, 37, and Hearn, a former Redlands firefighter, were arrested on suspicion of first - degree murder and conspiracy to commit murder in Robert Limon's killing. Sabrina Limon was later released pending further investigation. She was rearrested Friday in Camarillo and is being held on $3 million bail on suspicion of murder and other offenses. Her arraignment is scheduled for Tuesday. According to court filings, Sabrina Limon told Hearn where her husband was working and his schedule on Aug. 17, 2014, the day of the killing. Robert Limon's body was found at the Burlington Northern Santa Fe Railway industrial complex in Tehachapi. Investigators said in the filings that video surveillance captured Hearn fleeing the BNSF building just minutes after Robert Limon, 38, was shot twice in the head. Hearn disposed of evidence that investigators recovered, the filings said. Shortly after the death of Limon, a resident of Helendale in San Bernardino County, the BNSF offered a $100,000 reward for information leading to the arrest and conviction of his killer. Hearn and Sabrina Limon had been carrying on an affair and exchanged thousands of text messages before the killing, the filings allege. In one message, Hearn told Limon that if her husband were out of the picture, they could live their lives together. http: / /www.bakersfield.com/ news /accused - gunman -in- deadly -love- triangle- takes - plea - deal /artide_ 6 /28/1 7 CC AGENDA PACKET PG 31 LISA S. GREEN DISTRICT ATTORNEY CIVIC CENTER JUSTICE BUILDING 1215 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (661) 868 -2340, FAX: (661) 868 -2700 October 21, 2016 SCOTT J. SPIEL"N AssIsTANT DISTRICT ATTORNEY MARK E. PAFFORD CHIEF DEPUTY Dimt T ATTORNEY CONTACT: FOR IMMEDIATE RELEASE Lisa S. Green (661) 868 -2716 Approved by 4YEAf �/971-/ Today the Kern County District Attorney's Office filed misdemeanor charges in an incident that occurred on September 30, 2016. It is alleged defendant David Hook threw liquid on another individual because he appeared to be of a different religion or race. The incident took place in the parking lot of some restaurants on California Avenue. After a complete review of the police report and other evidence, one count of Penal Code section 422.6(a), interference with exercise of a civil right, and one count of Penal Code section 243(a), battery, were filed. If convicted the defendant could face up to one year in jail and a fine. An arraignment date has not been set. 0612$117 CC A EN A PACKET FAG 32 LISA S. GREED! DISTRICT ATTORNEY ! l 1 U CONTACT: Visa S. Green, District Attorney (661) 868 -2716 CIVIC CENTER JUSTICE BUILDING 1215 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (661) 868 -2340, FAX: (661) 868 -2700 September 6, 2016 rice I Approved SCOTT J. SPIELMAN ASSISTANT DISTRICT ATTORNEY MARK E. PAFFORD CHIEF DEPUTY DISTRICT ATTORNEY District Attorney Lisa Green announced that all charges were dismissed against Denis Sean Desmond on September 6, 2016. The filing of the charges against Mr. Desmond resulted from a failure in communication within the District Attorney's Office. Steps have been taken to see that does not happen again. Charges against Joseph Palme that have been pending were filed today. The two cases occurred during the Erskine fire, but that is essentially the only similarity they share. Due to the different facts and circumstances surrounding Mr. Palme's case, misdemeanor charges were filed today as follows: Penal Code section 409.5(c) entering a restricted area closed due to emergency after advised by law enforcement, Vehicle Code section 2800.1(a) evading apeace officer, Penal Code section 148(a)(1) resisting or obstructing a peace officer, and Penal Code section 243(b) battery on a peace officer. 0612$117 CC AGENDA PACKET FAG 33 LISA S. GREEN DISTRICT ATTORNEY CONTACT: Lisa. S. Green (661) 868 -2716 CIVIC CENTER JUSTICE BUILDING 1215 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 (661) 868 -2340, FAX: (661) 868 -2700 January 6, 2017 SCOTT J. SPIELMAN ASSISTANT DISTRICT ATTORNEY MARK E. PAFFORD CHIEF DEPUTY DISTRICT ATTORNEY • t t t• t s- =rfr District Attorney Lisa S. Green made an announcement on a plea and sentencing in a significant case today. On January 6, 2017, Joseph Palme pled to a misdemeanor count of unlawfully entering a disaster area, a violation of Penal Code section 409.5(c). The defendant agreed that the officer had probable cause to arrest him on all charges. This conviction arose when Mr. Palme ran through a barricade during the Erskine Creek Fire and refused to pull over when pursued by an officer of the California Highway Patrol. On June 26h 2016, California Highway Patrol Officer Walker was manning a control point for the Erskine Creek Fire. The area was deemed a disaster area with evacuations and road closures. Highway 178 at Lake Isabella Blvd was closed. Palme approached the traffic control at Highway 178 by vehicle. After being told that the road was closed by a CALTRANS worker, Palme drove around the road closure after first attempting to spit on the worker. Officer Walker gave chase with lights and sirens. Palme did not stop until he pulled into the driveway of his residence. Palme had run through the closure the day before, although the officer on duty chose not to pursue him as he was the only person manning the checkpoint. Officer Walker attempted to talk to Palme and get him to return to his car. Palme responded by swearing at the officer. For his own safety, Officer Walker asked Palme several times to cooperate. When Palme refused to do so, the officer approached him and attempted to place him in a control hold. Palme pulled away and kicked the officer twice. The officer grabbed Palme by his head and shoulders in an attempt to force him to the ground. Palme spun away and backed up. Palme made a fist with his right hand and threw a punch at the officer. The officer was able to duck under the punch and ended up behind Palme. The officer grabbed Palme around the arms and chest and was able to force him to the ground. Using his body weight the officer was able to pin Palme to the ground and hold him down until other Officers arrived. 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TO: Honorable Mayor and City Council FROM: Christopher Gerry, Acting City Clerk DATE: 3/20/2017 111-11 V 03 SUBJECT: Approval of minutes of the June 5, 2017, Budget Presentation Meeting and the June 7, 2017, Regular City Council Meetings. STAFF RECOMMENDATION: BACKGROUND: ATTACHMENTS: Description D JUne 5, 2017 IWrlde s D JUne 7, 2017 IWrlde s Type BackU IMateir4� BackU IMateir4� 06128117 CC AGENDA PACKET PG 37 BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JUNE 5, 2017 Council Chambers, City Hall, 1501 Truxtun Avenue Department Head Budget Presentation Meeting REGULAR MEETING -12:02 p.m. 1. ROLL CALL Present: Mayor Goh, Councilmembers Rivera, Gonzales, Weir (seated at 12:08 p.m.), Smith, Sullivan (seated at 12:20 p.m.), Parlier Absent: None 2. PUBLIC STATEMENTS ►I� .CM 3. WORKSHOPS a. Department Budget Presentations 1. City Attorney's Office City Attorney Gennaro made staff comments and provided a PowerPoint presentation. 2. Visit Bakersfield Visit Bakersfield Manager Lyman made staff comments and provided a PowerPoint presentation. 3. Community Development Community Development Director Kitchen made staff comments and provided a PowerPoint presentation. ACTION TAKEN 0612$117 CC A EN A PACKET FAG 38 Bakersfield, California, June 5, 2017 - Page 2 3. WORKSHOPS continued ACTION TAKEN ITEM 3.a. CONTINUED 4. Recreation and Parks Recreation and Parks Director Hoover made staff comments and provided a PowerPoint presentation. Vice -Mayor Smith requested staff repair the Polo Grounds fence on Calloway Drive, south of the new commercial center. Vice -Mayor Smith requested staff look into a bike path connection between The Park at River Walk and Aera Park. Councilmember Gonzales requested staff explore the possibility of implementing an online park reservation system. 5. Water Resources Water Resources Director Meadors made staff comments and provided a PowerPoint presentation. Vice -Mayor Smith asked staff to consider renaming the Ag Water Division to the Kern River Division. Vice -Mayor Smith requested staff look into the possibility of providing the Recreation and Parks Department with a credit for the water used at spray parks which flows into the City's recharge basins. Vice -Mayor Smith stated his constituents residing in the northwest would like to be included in the City's Water service area; and requested staff to revise the water purveyor map. Councilmember Parlier requested staff provide an update on the City's compliance with the Sustainable Groundwater Management Act (SGMA). 0612$117 CC A EN A PACKET FAG 39 Bakersfield, California, June 5, 2017 - Page 3 3. WORKSHOPS continued ACTION TAKEN ITEM 3.a. CONTINUED 6. Public Works Public Works Director Fidler made staff comments and provided a PowerPoint presentation. Vice -Mayor Smith expressed his concern with the continued trash problem at the 18th and Eye Street parking garage, and requested staff look into locking the trash bin enclosure to help keep the area clean. Vice -Mayor Smith asked staff for an update on potential gateway and monument signage on 24th Street. Vice -Mayor Smith requested staff place Pavement Management System maps on the City's website to allow the public access to view the condition of all City streets. Vice -Mayor Smith asked staff to look into restriping the entire bike path this year. Vice -Mayor Smith requested staff explore the idea of using woodchips in a small scale electric generation facility. Councilmember Sullivan requested staff consider using red concrete stamping for the median improvements on California Avenue, from Oak Street to G Street. 4. ADJOURNMENT Mayor Goh adjourned the meeting at 2:09 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 0612$117 CC A EN A PACKET FAG BAKERSFIELD CITY COUNCIL MINUTES MEETING OF JUNE 7, 2017 Council Chambers, City Hall, 1501 Truxtun Avenue Regular Meetings- 3:30 p.m. and 5:15 p.m. REGULAR MEETING - 3:30 p.m. 1. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Weir, Sullivan, Parlier Absent: None 2. PUBLIC STATEMENTS None. 3. WORKSHOPS None. 4. CLOSED SESSION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) regarding City of Bakersfield v. All Persons Interested in the Matter, etc., et al., Kern County Superior Court Case No. S- 1500 -CV- 280593, DRL. b. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9 (d) (2), (e) (1) (one matter). ACTION TAKEN Motion by Vice -Mayor Smith to adjourn to Closed APPROVED Session at 3:31 p.m. Motion by Councilmember Weir to adjourn from APPROVED Closed Session at 4:27 p.m. Meeting reconvened at 5:13 p.m. 0612$117 CC AGENDA PACKET FAG 41 5. 6. Bakersfield, California, June 7, 2017 - Page 2 CLOSED SESSION ACTION a. Conference with Legal Counsel — Existing Litigation; Closed Session pursuant to Government Code section 54956.9(d) (1) regarding City of Bakersfield v. All Persons Interested in the Matter, etc., et al., Kern County Superior Court Case No. S- 1500 -CV- 280593, DRL. b. Conference with Legal Counsel — Potential Litigation; Closed Session pursuant to Government Code section 54956.9 (d) (2), (e) (1) (one matter). ADJOURNMENT Mayor Goh adjourned the Closed Session meeting at 5:14 p.m. REGULAR MEETING -5:15 p.m. 1. 2. 3 4. ROLL CALL Present: Mayor Goh, Vice -Mayor Smith, Councilmembers Rivera, Gonzales, Weir, Sullivan, Parlier Absent: None INVOCATION by Reverend Ralph Anthony, St. Peter Restoration Community Christian Ministries. PLEDGE OF ALLEGIANCE by Annika Paterno, 1 1 th grade student at Stockdale High School. PRESENTATIONS a. Presentation of a Proclamation to Jennifer Ray Holmes, citizen advocate, of a Proclamation declaring the month of June 2017, Cytomegalovirus (CMV) Awareness Month in Bakersfield. Ms. Holmes was not present to accept the Proclamation. ACTION TAKEN STAFF WAS GIVEN DIRECTION NO REPORTABLE ACTION 0612$117 CC AGENDA PACKET FAG 42 Bakersfield, California, June 7, 2017 - Page 3 5. PUBLIC STATEMENTS ACTION TAKEN a. Curtis Bingham Sr., Street Evangelist, expressed appreciation and gave blessings to the City and law enforcement for the work they do for the City. b. Nathan Nemnich, spoke regarding an organization he established called "The Bakersfield Group "; the group can be located on www.meetup.com; and invited the Council and media to meet with them to discuss ways to make the City a better and safer place to live. C. Mario Salinas, spoke regarding Consent Calendar item 8.ab., to reject the bids for the Bakersfield Sports Village Field Lighting Project; and asked the Council to consider awarding the project to the lowest bidder rather than dividing the project. d. The following individuals spoke in opposition to the proposed Ordinance to replace Chapter 5.32 of the Bakersfield Municipal Code relating to Massage: Knute Berry, owner of Bakersfield Spa Institute (submitted written material); Judith Phelan; and Daniel Tatum, Chief Executive Officer for Bakersfield American Indian Health Project (submitted written material). e. Marvin Dean made comments regarding Consent Calendar item 8.j., a Resolution opposing the President's Fiscal Year 2018 Proposed Budget relating to the elimination of the Community Development Block Grant and Home Investment Partnerships programs. Jennifer Bower, from Modern Amusement Company, expressed concern with the repeated thefts of personal property from her family's businesses. Councilmember Parlier requested staff contact Ms. Bower regarding her public safety concerns. 0612$117 CC A EN A PACKET FAG 43 Bakersfield, California, June 7, 2017 - Page 4 5. PUBLIC STATEMENTS continued ACTION TAKEN g. Recreation and Parks Director Hoover advised of several recreation programs being offered this summer; and submitted written material. h. Ray Penalber expressed concern with the proposed 2018 budget for Veteran Affairs and the ramifications it might have for veterans. 6. WORKSHOPS None. 7. APPOINTMENTS None. 8. CONSENT CALENDAR Minutes: a. Approval of minutes of the May 24, 2017, Regular Council Meetings. Payments: b. Receive and file department payments from May 12, 2017, to May 25, 2017, in the amount of $16,115,427.65, Self- Insurance payments from May 12, 2017, to May 25, 2017, in the amount of $300,195.23, totaling $16,415,622.88. Ordinances: C. First Reading of Ordinance repealing and REMOVED BY STAFF replacing Chapter 5.32 of the Bakersfield Municipal Code relating to Massage Ordinance. d. First Reading of Ordinance adding Section FR 9.13.050 of the Bakersfield Municipal Code relating to Unregulated Chemicals. 0612$117 CC A EN A PACKET FAG Bakersfield, California, June 7, 2017 — Page 5 8. CONSENT CALENDAR continued ACTION TAKEN e. First reading of the following Ordinances amending various sections of the Bakersfield Municipal Code: 1. Amending Section 2.72.120 relating to FR Appointments 2. Amending Section 2.84.020 relating to FR Salary Plan 3. Amending Section 2.84.150 relating to FR Acting Appointments, Temporary Assignments and Rates of Pay 4. Amending Section 2.84.160 relating to FR Salary Adjustments 5. Amending Section 2.84.210 relating to FR Overtime - Compensatory Time 6. Amending Section 2.84.220 relating to FR Overtime - Accumulation 7. Amending Section 2.84.500 relating to FR Sick Leave -Proof of Illness 8. Amending Section 2.84.620 relating to FR Leaves of Absence f. First reading of the following Ordinances amending various sections of the Bakersfield Municipal Code: 1. Amending Section 1.34.010 relating to FR Appeals to the City Manager 2. Amending Section 12.30.060 relating to FR Wireless Telecommunication Facilities in the Public Right -of -Way 3. Amending Section 15.72.120 relating to FR Historic Designation 4. Amending Section 15.78.010 relating to FR MBHCP Mitigation Program Definitions 0612$117 CC A EN A PACKET FAG 45 E3 Bakersfield, California, June 7, 2017 — Page 6 CONSENT CALENDAR continued ITEM 8.f. CONTINUED 5. Amending Section 15.78.090 relating to MBHCP Violations 6. Amending Section 17.08.210 relating to Approval of Development Entitlement Conditioned on Indemnification of City 7. Amending Sections 17.16.026 and 17.18.026 relating to Solid Masonry Walls 8. Amending Section 17.25.020 relating to Central Business Zone Uses 9. Amending Section 17.28.030 relating to Light Manufacturing Zone Uses 10. Amending Section 17.64.060 relating to CUP Appeal Hearings Resolutions: g. Resolution setting rates and equipment specifications for tow truck services provided pursuant to contract with the City. h. Resolution authorizing the filing of an application with the Kern Council of Governments for allocation of Transportation Development Act funds for Fiscal Year 2017 -18 ($551,923) for the maintenance of the Bakersfield Amtrak Station during said fiscal year. i. Resolution authorizing the Bakersfield Police Department to accept funding ($99,804) made available through the Grant Assistance Program (GAP) of the California Department of Alcoholic Beverage Control (ABC). Resolution opposing the President's Fiscal Year 2018 Proposed Budget relating to the elimination of the Community Development Block Grant and Home Investment Partnerships programs. ACTION TAKEN FR FR FR FR FR FR RES 063 -17 RES 064 -17 AGR 17 -078 RES 065 -17 REMOVED FOR SEPARATE CONSIDERATION 0612$117 CC AGENDA PACKET FAG 46 E3 Bakersfield, California, June 7, 2017 — Page 7 CONSENT CALENDAR continued k. Resolution providing for the collection of delinquent refuse and sewer charges by Kern County Auditor - Controller's Office on Fiscal Year 2017 -2018 Property Tax Rolls: Resolution providing for the collection of delinquent refuse fees. 2. Resolution providing for the collection of delinquent sewer fees. Resolutions providing for adoption and collection of residential and commercial flat rates for Fiscal Year 2017 -2018. Resolution adopting Fiscal Year 2017- 2018 residential and commercial sewer flat rates and miscellaneous sewer charges (no rate increases). 2. Resolution providing for the collection of residential and commercial sewer flat rates by the Kern County Auditor - Controller's Office. M. Purchase of parts and service for inspection, maintenance, installation and repair of Peterson Pacific Corporation equipment through Peterson Pacific Corporation: 1. Resolution determining that certain Peterson Pacific Corporation equipment parts and services cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, and purchase said equipment parts and services from Peterson Pacific Corporation, not to exceed $120,000 over a three -year term. 2. Agreement with Peterson Pacific Corporation ($120,000 over a three -year term) to perform inspections, installations, maintenance and repairs of the Peterson Pacific Corporation grinder located at the Mt. Vernon Recycling and Composting Facility. ACTION TAKEN RES 066 -17 RES 067 -17 RES 068 -17 RES 069 -17 RES 070 -17 AGR 17 -070 0612$117 CC A EN A PACKET FAG 47 E3 Bakersfield, California, June 7, 2017 - Page 8 CONSENT CALENDAR continued n. Arena Video Board Replacement: Resolution determining that a Daktronics® video board cannot be reasonably obtained through the usual bidding procedures and authorizing the Finance Director to dispense with bidding thereof, not to exceed $700,000. 2. Appropriate $700,000 Facility Reserve Funds to the Arena Capital Improvement Budget within the Capital Outlay Fund for the purchase. o. Resolution of Intention No. 1922 to order the vacation of Presidio Way between Buccaneer Bay Street and Coffee Road. Agreements: P. Agreement with Kutak Rock LLP (not to exceed $105,000) for bond counsel services regarding financing of water remediation project. q. Agreements for on -call maintenance services at Wastewater Treatment Plant No. 2 and Wastewater Treatment Plant No. 3: 1. Crider Construction, Inc. (not to exceed $200,000 for a two -year term) 2. BR Frost Company (not to exceed $200,000 for a two -year term) 3. W.M. Lyles Co. (not to exceed $200,000 for a two -year term) r. Amendment No. 2 to Agreement No. 15 -144 with Commercial Cleaning Systems Inc., ($56,720; revised not to exceed $168,810 and extend the term one year), to continue janitorial service at City Hall North. S. Amendment No. 2 to Agreement No. 15 -205 with Precision Fertilizer Spreading ($110,000; revised not to exceed $289,000) for hauling and spreading bio- solids. ACTION TAKEN RES 071 -17 ROI 1922 AGR 17 -071 AGR 17 -072 AGR 17 -073 AGR 17 -074 AGR 15- 144(2) AGR 15- 205(2) 0612$117 CC A EN A PACKET FAG E3 Bakersfield, California, June 7, 2017 - Page 9 CONSENT CALENDAR continued t. Amendment No. 1 to Agreement No. 16 -138 with Loop Electric Inc., ($200,000; revised not to exceed $485,920) for vehicle loop cutting and horizontal boring. U. Amendment No. 3 to Agreement No. 15 -130 with A -C Electric Company ($190,000; not to exceed $788,176 and extend term one year) for electrical services for preventative maintenance and repairs of the high voltage electrical systems at the Mount Vernon Green Waste Recycling Facility. V. Amendment No. 3 to Agreement No. 16 -170 with Provost and Pritchard Consulting Group ($123,800; revised not to exceed $143,800) for construction phase engineering services during the construction of Domestic Water Well CBK 54. W. Freeway Litter Program: Amendment No. 5 to Agreement No. 13- 072 with the Bakersfield Homeless Center ($561,588; revised not to exceed $2,525,404 and extend term one year) for litter and debris removal services. 2. Memorandum of Understanding with Kern Council of Governments ($150,000) to provide continuation of funding for freeway litter program for Fiscal Year 2017 -18. X. Contract Change Order No. 1 1 to Agreement No. 15 -260 with Security Paving Company ($45,450.23; revised not to exceed $6,483,975.03) for the State Route 99 at State Route 58 (Rosedale Highway) Off -Ramp Improvement Project. Y. Contract Change Order No. 117 to Agreement No. 15 -009 with Teichert Construction ($55,164.23; revised not to exceed $19,553,628.62) for the Rosedale Highway Widening Project. ACTION TAKEN AGR 16- 138(1) AGR 15- 130(3) AGR 16- 170(3) AGR 13- 072(5) AGR 17 -075 AGR 15 -260 CCO 11 AGR 15 -009 CCO 117 0612$117 CC A EN A PACKET FAG 49 Bakersfield, California, June 7, 2017 - Page 10 8. CONSENT CALENDAR continued ACTION TAKEN Z. Contract Change Order No. 1 to Agreement AGR 16 -180 No. 16 -180 with AC Electric ($35,798; revised not CCO 1 to exceed $452,062.50) for the Traffic Signal, Lighting, Syncronization System Installation; Snow Road at Jewetta, Snow Road at Norris Road /Verdugo Lane Project. Property Acquisition Agreements - TRIP: Bids: aa. Reject all bids for Traffic Signal and Lighting System Installation: Stine Road at Berkshire Road Project. ab. Reject bid for Bakersfield Sports Village Field Lighting Project. ac. Accept bid from Certex USA, Inc., Bakersfield ($49,923.60) for a mobile fall protection system for use by the Public Works Department's Fleet Division. ad. Accept bid from Botach, Incorporated ($96,041.35) for rifles and accessories for the Police Department SWAT team. ae. Accept bid from Industrial Safety Supply Corporation ($82,754.10) for safety gas masks for the Police Department. af. Purchase of Semi - Truck: Accept bid from Pape Kenworth, Bakersfield ($151,817.74) for an additional diesel powered semitruck for the Water Resources Department. 2. Transfer and appropriate $152,000 from Water Resources Fund balance (50% Domestic Water fund and 50% Ag Water fund) to the Public Works Department's Operating Budget within the Equipment Management Fund. 0612$117 CC A EN A PACKET FAG 5 Bakersfield, California, June 7, 2017 - Page 11 8. CONSENT CALENDAR continued ACTION TAKEN ag. TCP Mitigation Project: Award Purchase to Evoqua Water Technologies, LLC (not to exceed $8,917,355) for vessel and manifold procurement associated with TCP Mitigation Project. 2. Appropriate $8,917,355 Fund Balance to the Water Resources Capital Improvement Budget within the Domestic Water Fund. ah. Pavement Rehabilitation: "P" Street from Brundage Lane to California Avenue: 1. Accept bid and approve contract with AGR 17 -076 Griffith Company ($1,545,350) for construction of said project. 2. Transfer $195,000 Capital Outlay Funds currently budgeted for the Pavement Rehabilitation of California Avenue from Oak Street to H Street project to the Pavement Rehabilitation of P Street from Brundage Lane to California Avenue project. 3. Approve encroachment permit AGR 17 -077 agreement with Kern Delta Water District (no fee permit) to allow for asphalt overlay work over the Kern Delta Canal. Miscellaneous: ai. Appropriate $250,000 additional commercial roll -off revenue and $100,000 additional revenue from County's share of costs for the Mt. Vernon Greenwaste Facility to the Public Works Department's Operating Budget within the Refuse Fund to fund refuse operations. 0612$117 CC A EN A PACKET FAG 51 Bakersfield, California, June 7, 2017 - Page 12 CONSENT CALENDAR continued aj. Appropriate $32,000 Fireworks Administrative Citation Revenues to the Non - Departmental Budget within the General Fund to supplement the cost of the 2017 Fourth of July Fireworks Show to be held at The Park at Riverwalk. Successor Agency Business: ak. Receive and file Successor Agency payments from May 12, 2017, to May 25, 2017, in the amount of $2,475.00. Assistant City Clerk Drimakis announced a staff memorandum was received requesting item 8.c. be removed from the agenda; and an additional staff memorandum was received regarding item 8.aj., stating California Water Service Company will be an additional sponsor for the Fourth of July Fireworks Show, contributing $2000 towards the event. Councilmember Parlier requested items 8.j. and 8.aj. be removed for separate consideration. Motion by Vice -Mayor Smith to adopt Consent Calendar items 8.a. through 8.ak., with the removal of item 8.c., and separate consideration for items 8.j. and 8.aj. Resolution opposing the President's Fiscal Year 2018 Proposed Budget relating to the elimination of the Community Development Block Grant and Home Investment Partnerships programs. Motion by Councilmember Parlier to table Consent Calendar item 8.j., in order to provide staff with an opportunity to make additional changes to the Resolution. Councilmember Rivera asked Councilmember Parlier to consider a friendly amendment to his motion to specifically state this item will return to the next Council meeting or soon thereafter. Councilmember Parlier amended his motion, to continue Consent Calendar item 8.j. and return for Council action no earlier than July 19, 2017, in order to allow staff the opportunity to revise the Resolution. ACTION TAKEN REMOVED FOR SEPARATE CONSIDERATION APPROVED CONTINUED TO A FUTURE MEETING APPROVED 0612$117 CC AGENDA PACKET FAG 52 9. Bakersfield, California, June 7, 2017 — Page 13 CONSENT CALENDAR continued aj. Appropriate $32,000 Fireworks Administrative Citation Revenues to the Non - Departmental Budget within the General Fund to supplement the cost of the 2017 Fourth of July Fireworks Show to be held at The Park at Riverwalk. Motion by Councilmember Parlier to adopt Consent Calendar item 8.aj. CONSENT CALENDAR PUBLIC HEARINGS a. Resolution adopting fees pursuant to the cost recovery system. b. Protest hearing to consider resolution approving and adopting the Public Works Director's Report for the Consolidated Maintenance District and the Fiscal Year 2017 -2018 budget, confirming the park landscaping assessments, and authorizing collection of assessments by the Kern County Tax Collector. C. Protest hearing to consider resolution approving and adopting the Public Works Director's Report for the Consolidated Maintenance District and the Fiscal Year 2017 -2018 budget, confirming the street and median landscaping assessments, and authorizing collection of assessments by the Kern County Tax Collector. d. Protest hearing to consider resolution approving and adopting the Public Works Director's Report for 22 traffic signal maintenance districts and the Fiscal Year 2017 -2018 budgets, confirming the assessments and authorizing collection of assessments by the Kern County Tax Collector. e. Public Hearing to consider resolution adopting commercial sewer surcharge rates for Fiscal Years 2017 -2018 and 2018 -2019. Public Hearing to consider a resolution adopting a five -year phased -in increase to the sewer connection fee for a single family dwelling from $4,000 to $5,000 starting July 1, 2017. ACTION TAKEN APPROVED REMOVED FOR SEPARATE CONSIDERATION RES 072 -17 RES 073 -17 RES 074 -17 RES 075 -17 RES 076 -17 0612$117 CC AGENDA PACKET FAG 53 9. 9. Bakersfield, California, June 7, 2017 — Page 14 CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN g. Public Hearing to consider resolutions adopting refuse and recycling rates for Fiscal Year 2017- 18: 1. Resolution adopting increases to Fiscal RES 077 -17 Year 2017 -18 refuse and recycling rate. 2. Resolution providing for the collection of RES 078 -17 residential refuse and recycling charges by the Kern County Auditor - Controller's Office. Assistant City Clerk Drimakis announced notices were mailed to 4,426 affected commercial property owners regarding item 9.e., no protests were received for this matter; and notices were mailed to 93,066 affected residential and commercial property owners regarding item 9.g., the City Clerk's Office received letters protesting the increase in refuse rates for 25 parcels. Consent Calendar Public Hearings opened at 6:03 p.m. Scott Thayer requested the removal of item 9.a. for separate consideration. Consent Calendar Public Hearings 9.b. through 9.g. closed at 6:04 p.m. Motion by Vice -Mayor Smith to adopt Consent APPROVED Calendar Public Hearing items 9.b. through 9.g. CONSENT CALENDAR PUBLIC HEARINGS continued a. Resolution adopting fees pursuant to the cost CONTINUED TO THE recovery system. (staff recommends adoption of the JULY 19, 2017 resolution following the public hearing.) MEETING Consent Calendar Public Hearing item 9.a. opened at 6:05 p.m. The following individuals spoke in opposition to the staff recommendation: Scott Thayer, from Castle and Cooke; Dave Dmohowski, representing the Home Builders Association of Kern County; and Dennis Fox. No one spoke in support of the staff recommendation. 0612$117 CC A EN A PACKET FAG 5 Bakersfield, California, June 7, 2017 - Page 15 9. CONSENT CALENDAR PUBLIC HEARINGS continued ACTION TAKEN ITEM 9.a. CONTINUED Motion by Vice -Mayor Smith to continue item 9.a. to APPROVED the July 19, 2017 Council meeting. 10. HEARINGS a. Public Hearing for the Fiscal Year 2017 -18 Operating and Capital Improvement Program Budgets. Assistant City Manager Huot made staff comments. Hearing item 10.a. opened at 6:14 p.m. No one spoke. Hearing item 10.a. closed at 6:15 p.m. 11. REPORTS None. 12. DEFERRED BUSINESS None. 13. NEW BUSINESS None. 14. COUNCIL AND MAYOR STATEMENTS Vice -Mayor Smith requested staff examine ways to reduce vehicular and pedestrian accidents, such as public service announcements, public education, or a plan similar to the Vision Zero program in the City of Los Angeles. Councilmember Gonzales referred the discussion regarding the potential for microbreweries to be permitted in the downtown area to the Planning and Development Committee. Councilmember Sullivan requested staff explore the use of reflective vests to promote pedestrian safety. Councilmember Parlier requested the Legislative and Litigation Committee discuss the possibility of creating an incremental penalty and assessment process for property maintenance violations. 0612$117 CC A EN A PACKET FAG 55 Bakersfield, California, June 7, 2017 - Page 16 14. COUNCIL AND MAYOR STATEMENTS continued ACTION TAKEN Vice -Mayor Smith stated that 29 of the 41 traffic fatalities in Bakersfield last year were vehicle accidents; and both drivers and pedestrians need to be aware of their surroundings. 15. ADJOURNMENT Mayor Goh adjourned the meeting at 6:24 p.m. MAYOR of the City of Bakersfield, CA ATTEST: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 0612$117 CC A EN A PACKET FAG 56 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Consent - Payments b. TO: Honorable Mayor and City Council FROM: Nelson K Smith, Finance Director DATE: 6/16/2017 111-11 V 03 SUBJECT: Receive and file department payments from May 26, 2017, to June 15, 2017, in the amount of $20,788,835.42, Self-Insurance payments from May 26, 2017, to June 15, 2017, in the amount of $335,352.38, totaling $21,124,187.80. Staff recommends the report be received and filed. BACKGROUND: ATTACHMENTS: Description D 1 /kP Check Regilsteir/kdirNin 6/2(13/20,17 D 2 E/kP Check Regilsteir/kdirNin 6 28 20,17 Type BackU IMateir4� BackU IMateir4� 06128117 CC AGENDA PACKET PG 57 6/16/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 1 FROM 5/26/2017 to 6/15/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 659216 10158 ALEXANDER, SUSAN May 26, 2017 $40.53 659217 10037 ALMA BARCENA May 26, 2017 $180.31 659218 15461 ALVIDREZ, TONY M May 26, 2017 $42.50 659219 359 ANDERSON, ALLEN M May 26, 2017 $35.53 659220 10037 ANGEL STOKER May 26, 2017 $46.00 659221 11517 ANSON, GARY May 26, 2017 $42.50 659222 24927 ARRI ILLAGA, ROSEMARIE May 26, 2017 $42.50 659223 514 AUSTIN, MARK W May 26, 2017 $42.50 659224 541 AVALOS, JOHN May 26, 2017 $42.50 659225 660 BAKERSFIELD ASSOCIATION OF REALTORS May 26, 2017 $500.00 659226 15209 BERTRAND,FLOYD May 26, 2017 $42.50 659227 1111 BLACKBURN, CLEO May 26, 2017 $42.50 659228 70113 BOLTHOUSE PROPERTIES LLC May 26, 2017 $153.52 659229 21568 BOSWORTH, JEFFREY J May 26, 2017 $125.00 659230 10047 BROOKIDALE May 26, 2017 $525.00 659231 14224 BUXTON, DON May 26, 2017 $15.55 659232 1463 CADENA, JAKE May 26, 2017 $42.50 659233 1694 CALIFORNIA WATER SERVICE May 26, 2017 $22,279.95 659234 1771 CARROLL, EUGENE J May 26, 2017 $42.50 659235 24290 CASTRUITA, ANTHONY May 26, 2017 $96.50 659236 10037 CHERIE LEON May 26, 2017 $72.00 659237 21123 CHOATE, CHRISTOPHER May 26, 2017 $120.12 659238 12236 COL URN, SCOTT May 26, 2017 $42.50 659239 15997 COLWELL, SHIRMEY A May 26, 2017 $15.55 659240 2224 CORE, FLORN R May 26, 2017 $42.50 659241 10697 CRAWFORD, KAREN May 26, 2017 $42.50 659242 2261 CUNNINGHAM, TERRY May 26, 2017 $35.53 659243 22484 CYSTIC FIBROSIS FOUNDATION May 26, 2017 $500.00 659244 2435 DE LAURIE, JERRY May 26, 2017 $42.50 659245 11430 DEEM, JEWELL May 26, 2017 $25.54 659246 29347 DENISON, DEBRA M May 26, 2017 $20,000.00 659247 25634 DIM ERG, LAUREN May 26, 2017 $10.56 659248 10037 DOMINIQUE JOHNSON May 26, 2017 $37.00 659249 10047 DON PEPE'S WEST May 26, 2017 $98.00 659250 2630 DOYLE, MIKE May 26, 2017 $42.50 659251 22704 ESCARCEGA, BRAULIO May 26, 2017 $125.00 659252 2925 FIDLER, DENNIS May 26, 2017 $42.50 659253 10037 FOUNDATION FOR MEDICAL CARE May 26, 2017 $72.00 659254 11696 FRALEY, DEBORAH May 26, 2017 $42.50 659255 12742 GEORGE, PRESTON May 26, 2017 $42.50 659256 25783 GIBBONS & WHEELAN INC May 26, 2017 $2,123.10 659257 14964 GI SON, BOB G May 26, 2017 $42.50 659258 3360 GILL BURG, GEORGE May 26, 2017 $42.50 659259 10037 GISELA VALENCIA May 26, 2017 $200.00 659260 10037 GOLDEN EMPIRE FOOTBALL May 26, 2017 $250.00 659261 10047 GURDWARA GURU ANGAD DAR AR INC May 26, 2017 $1,694.97 659262 3538 DUSTIN, WENDELL May 26, 2017 $18.05 659263 25970 HACKER, ROBERT May 26, 2017 $42.50 659264 11942 HALL, DENNIS May 26, 2017 $42.50 659265 28732 HERNANDEZ, DANIEL May 26, 2017 $125.00 659266 3770 HERRERA, FRANK R May 26, 2017 $42.50 659267 10047 HOMETOWN BUFFET #739 May 26, 2017 $98.00 S: \Accounting \KAROL \Admin - Council \2017 \COUNCIL- ADMIN\ 06128117 CC AGENDA PACKET PG 58 6/16/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 5/26/2017 to 6/15/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 659268 11438 HUNTINGTON, LORRAINE May 26, 2017 $42.50 659269 10037 INFINITY ENERGY May 26, 2017 $103.00 659270 24194 JOHNSON, CLARISSE May 26, 2017 $42.50 659271 10047 KAISER PERMANENTE - CHESTER AV May 26, 2017 $1,468.00 659272 27671 KELLER, MAXINE May 26, 2017 $42.50 659273 4435 KERN COUNTY CLERKS May 26, 2017 $250.00 659274 10047 KERN COUNTY LIBRARY - EALE MEM May 26, 2017 $352.00 659275 10047 KERN MEDICAL CENTER ADMIN OFC May 26, 2017 $96.00 659276 21175 KI EY, KAREN May 26, 2017 $42.50 659277 29173 KOTENSKI, LAMIRL May 26, 2017 $3.06 659278 4931 KULLRICH, DAN May 26, 2017 $20.55 659279 10037 LARRY R AND CAROLYN M TUCKER May 26, 2017 $161.61 659280 10047 LENNAR BAKERSFIELD INC May 26, 2017 $10.00 659281 28794 LENNAR HOMES OF CALIFORNIA, INC May 26, 2017 $800.00 659282 12054 LIVERMORE, PATRICIA May 26, 2017 $15.55 659283 5163 LOPEZ, FRANK May 26, 2017 $42.50 659284 10037 LORETTA CURTIS May 26, 2017 $200.00 659285 24061 MAHAFFEY, BOBBY May 26, 2017 $42.50 659286 10037 MARANDA ROBERTSON May 26, 2017 $30.00 659287 21688 MARTINEZ, NOE May 26, 2017 $125.00 659288 10600 MOYER, MICKEY D. May 26, 2017 $42.50 659289 22464 MUNISERVICES May 26, 2017 $3,000.00 659290 5896 NEWTON, KENNETH RAY May 26, 2017 $42.50 659291 70333 NICHOLSON COMBS LLC May 26, 2017 $108,488.00 659292 11448 O'KANE, CLYDE May 26, 2017 $42.50 659293 10833 ORRICK HERRINGTON & SUTCLIFFE May 26, 2017 $8,864.49 659294 6022 ORTIZ, JULIO P. May 26, 2017 $15.55 659295 14352 OWEN, CAROL May 26, 2017 $20.55 659296 27975 OWEN, M ROSE May 26, 2017 $35.53 659297 11450 PAINTER, JULIA May 26, 2017 $42.50 659298 26435 PARRA, ISRAEL May 26, 2017 $125.00 659299 11451 PHILLIPS, SHIRLEY A May 26, 2017 $42.50 659300 70321 RICH ENVIRONMENTAL SERVICE STATION May 26, 2017 $171.00 659301 17149 RIOS, JESUS May 26, 2017 $125.00 659302 28060 ROBERTS, EMMA May 26, 2017 $42.50 659303 10644 SADLER, JOHNNY May 26, 2017 $10.56 659304 10037 SALVADOR ARRELLANO May 26, 2017 $41.00 659305 27362 SANCHEZ, ELIAZAR May 26, 2017 $125.00 659306 7357 SHERMAN, THOMAS May 26, 2017 $42.50 659307 7351 SHIRES, HENRY May 26, 2017 $42.50 659308 20816 SIMMONS CONSTRUCTION May 26, 2017 $430.00 659309 7493 SNYDER, RHENDA May 26, 2017 $13.05 659310 10047 TAHOE JOES #823 May 26, 2017 $98.00 659311 20357 TEUTIMEZ, DONALD May 26, 2017 $42.50 659312 26861 TORRES, SHIRLEY May 26, 2017 $42.50 659313 24193 URSIN, MARGARET May 26, 2017 $42.50 659314 29174 VALLIANT, JOHN May 26, 2017 $30.54 659315 17940 VINCENT, LESLIE May 26, 2017 $42.50 659316 23357 WALCK, CORA May 26, 2017 $42.50 659317 9012 WILLIAMS, CATHRYN L. May 26, 2017 $10.56 659318 15380 WILLIAMS, ISA EL May 26, 2017 $42.50 659319 9052 WISHAM, DARLENE May 26, 2017 $42.50 S: \Accounting \KAROL \Admin - Council \2017 \COUNCIL - ADMIN\ 06128117 CC AGENDA PACKET PG 59 6/16/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 3 FROM 5/26/2017 to 6/15/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 659320 70152 WOODSIDE HOMES May 26, 2017 $239.69 659321 10047 MORRIS, LARRY S May 26, 2017 $589.06 659328 6114 PACIFIC GAS & ELECTRIC COMPANY May 26, 2017 $341,615.57 659329 17986 SPRINT /NEXTEL COMMUNICATIONS May 26, 2017 $828.19 659330 27712 A -1 PRECISION BUILDERS Jun 1, 2017 $1,980.00 659331 22346 ABACUS I M T INC Jun 1, 2017 $191.25 659332 15433 ADVANCE MOBILE SECURITY Jun 1, 2017 $796.14 659333 26563 AIR SCIENCE Jun 1, 2017 $1,496.34 659334 19496 ALL PRO CLEANING SERVICE Jun 1, 2017 $840.00 659335 28688 ALLIED UNIVERSAL SECURITY SERVICES Jun 1, 2017 $2,556.00 659336 23588 ALUMINUM CHUCK WAGON Jun 1, 2017 $10,765.56 659337 347 AMREP INC Jun 1, 2017 $86.39 659338 26670 AMS.NET INC Jun 1, 2017 $7,752.60 659339 18201 ANIMAL EMERGENCY & URGENT CARE INC Jun 1, 2017 $473.40 659340 16235 APPLIED CONCEPTS INC Jun 1, 2017 $154.06 659341 29351 ASH Y, NICHOLAS Jun 1, 2017 $500.00 659342 520 AUTO TINT WEST INC Jun 1, 2017 $281.74 659343 25940 BACA, ANTHONY Jun 1, 2017 $84.00 659344 675 BAKERSFIELD CALIFORNIAN Jun 1, 2017 $1,209.12 659345 971 BAKERSFIELD PLUMBING CO INC Jun 1, 2017 $1,614.47 659346 841 BAKERSFIELD RUBBER STAMP CO Jun 1, 2017 $64.35 659347 857 BAKERSFIELD S P C A Jun 1, 2017 $1,972.27 659348 875 BAKERSFIELD TRUCK CENTER Jun 1, 2017 $1,278.68 659349 11248 BANKS PEST CONTROL Jun 1, 2017 $110.00 659350 557 BARC Jun 1, 2017 $140.00 659351 13424 BARNES WELDING SUPPLY Jun 1, 2017 $354.52 659352 27775 BASF CORPORATION Jun 1, 2017 $40,565.06 659353 29323 BEST PARTY RENTALS Jun 1, 2017 $539.06 659354 28231 BIG BRAND TIRE CO Jun 1, 2017 $202.93 659355 26219 BLOORE K9 TRAINING & CONSULTING Jun 1, 2017 $1,950.00 659356 1175 BOBS WHOLESALE AUTO GLASS Jun 1, 2017 $506.63 659357 22817 BORN AGAIN BODYWORKS Jun 1, 2017 $4,700.51 659358 1249 BRANDCO Jun 1, 2017 $339.45 659359 23051 BRENNTAG PACIFIC Jun 1, 2017 $2,943.02 659360 24464 BROWN, CLAUDE Jun 1, 2017 $63.00 659361 10267 BUDGET BOLT INC Jun 1, 2017 $542.99 659362 2295 C S U B REPROGRAPHICS Jun 1, 2017 $828.61 659363 28063 CALLYO 2009 CORP Jun 1, 2017 $1,472.48 659364 26879 CASON, KEITH Jun 1, 2017 $530.82 659365 28161 CEMEX INC Jun 1, 2017 $574.94 659366 1888 CHAMPION HARDWARE Jun 1, 2017 $1,288.33 659367 27727 CHAVEZ, MIGUEL Jun 1, 2017 $887.32 659368 1924 CHESTER AVENUE BRAKE & SUPPLY Jun 1, 2017 $103.13 659369 29127 CLARK, DERRICK Jun 1, 2017 $199.00 659370 29017 CLEAN WRIGHT SERVICE Jun 1, 2017 $190.00 659371 21588 COCA -COLA REFRESHMENTS Jun 1, 2017 $2,638.79 659372 27509 CONTRERAS, ANGEL Jun 1, 2017 $63.00 659373 12281 COTTLE, MIKE Jun 1, 2017 $315.00 659374 27397 CSDS INC Jun 1, 2017 $582.69 659375 2253 CULLIGAN WATER CONDITIONING Jun 1, 2017 $180.00 659376 27218 CUMMINS PACIFIC LLC Jun 1, 2017 $625.19 659377 26876 D 128OX INC OMSTAR ENVIRONMENTAL PR Jun 1, 2017 $171.00 S: \Accounting \KAROL \Admin - Council \2017 \COUNCIL- ADMIN\ 06128117 CC AGENDA PACKET PG 60 6/16/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 4 FROM 5/26/2017 to 6/15/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 659378 25337 DAVES FLEET MAINT & TOWING INC Jun 1, 2017 $215.00 659379 4140 DAVID JANES COMPANY Jun 1, 2017 $315.32 659380 19613 DE SOTO SALES INC Jun 1, 2017 $247.16 659381 2442 DELANEY & AHLF DIESEL SERVICE INC Jun 1, 2017 $24.07 659382 25961 DELANEY MANUFACTURING INC Jun 1, 2017 $386.10 659383 29352 DENMAN, CHRISTOPHER Jun 1, 2017 $500.00 659384 26553 DICKSON, JAMES Jun 1, 2017 $2,281.25 659385 2558 DISPENSING TECHNOLOGY CORP Jun 1, 2017 $2,497.70 659386 14723 DONNOE & ASSOCIATES INC Jun 1, 2017 $7,255.00 659387 2613 DOUGLASS TRUCK BODIES INC Jun 1, 2017 $316.39 659388 18544 DUANE MORRIS LLP Jun 1, 2017 $110,291.27 659389 2656 DUNN EDWARDS CORPORATION Jun 1, 2017 $1,865.88 659390 20062 ECOLINE INDUSTRIAL SUPPLY Jun 1, 2017 $2,447.45 659391 2752 ELBERT DISTRIBUTING Jun 1, 2017 $57.92 659392 27898 ELECTRICAL SYSTEMS & INST INC Jun 1, 2017 $20,706.74 659393 2901 FEDEX Jun 1, 2017 $558.39 659394 19657 FIRST CHOICE SERVICES INC Jun 1, 2017 $274.35 659395 25339 FLEET SERVICES TOWING INC Jun 1, 2017 $140.00 659396 24606 FLOOD BAKERSFIELD MINISTRIES Jun 1, 2017 $3,739.34 659397 26311 FLOWERS, MARTY Jun 1, 2017 $105.00 659398 3028 FLOYDS GENERAL STORE Jun 1, 2017 $64.81 659399 29092 GEI CONSULTANTS INC Jun 1, 2017 $1,108.99 659400 3358 GILLIAM & SONS INC Jun 1, 2017 $9,767.50 659401 18722 GLO ALSTAR USA INC Jun 1, 2017 $69.47 659402 3403 GOLDEN STATE PETERBILT Jun 1, 2017 $5,992.06 659403 24247 DREGS PETROLEUM SERVICES INC Jun 1, 2017 $1,346.98 659404 3569 H & S BODY WORKS & TOWING Jun 1, 2017 $145.00 659405 3571 H & S HOSE & SUPPLY INC Jun 1, 2017 $105.37 659406 17602 HACH COMPANY /C /O PONTON IND INC Jun 1, 2017 $9,833.34 659407 20139 HEARTLAND SERVICES INC Jun 1, 2017 $209.75 659408 3774 HI STANDARD AUTOMOTIVE Jun 1, 2017 $727.70 659409 29354 HISSONG, SHAWN Jun 1, 2017 $180.00 659410 20621 ICF JONES & STOKES INC Jun 1, 2017 $10,003.00 659411 29255 ITC ELECTRONICS Jun 1, 2017 $1,760.25 659412 26694 JACO SEN WEST Jun 1, 2017 $355.43 659413 4226 JOHNSTONE SUPPLY OF BAKERSFIEL Jun 1, 2017 $1,371.43 659414 28989 K & I SERVICES INC Jun 1, 2017 $10,728.00 659415 19554 K & RTOWING Jun 1, 2017 $70.00 659416 22379 KEMIRA WATER SOLUTIONS INC Jun 1, 2017 $4,908.30 659417 4700 KERN SECURITY SYSTEMS INC Jun 1, 2017 $45.37 659418 4701 KERN SPRINKLER LANDSCAPING INC Jun 1, 2017 $3,033.14 659419 4875 KNIGHTS PUMPING & PORTABLE SVC INC Jun 1, 2017 $360.00 659420 12552 KURB KUT Jun 1, 2017 $2,436.00 659421 14219 L A GRINDING INC Jun 1, 2017 $35.00 659422 29268 LAWSON PRODUCTS INC Jun 1, 2017 $168.21 659423 12177 LIFESIGNS INC Jun 1, 2017 $150.00 659424 14977 M H WOLFE AND ASSOCIATES INC Jun 1, 2017 $1,330.20 659425 26124 MARANATHA GARDENING & LANDSCAPE INC Jun 1, 2017 $875.00 659426 5328 MCCAIN TRAFFIC SUPPLY Jun 1, 2017 $91,703.02 659427 22899 MCREDMOND, SHANANDOAH Jun 1, 2017 $2,040.00 659428 19252 MEYER CIVIL ENGINEERING INC Jun 1, 2017 $15,322.50 659429 1316 MICHELIN NORTH AMERICA INC Jun 1, 2017 $3,882.66 S: \Accounting \KAROL \Admin - Council \2017 \COUNCIL- ADMIN\ 06128117 CC AGENDA PACKET PG 61 6/16/7017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 5 FROM 5/76/7017t0//15/7017 Check Vendor momue, Number Vendor Name Check Date Check Amount 659430 25111 K8|VVALLCDRPDRAT|DN Jun 1.2017 $13.406.25 659431 28473 K8DDRE.CHR|STDPHER Jun 1, 2017 $1.421D0 659432 5681 MOSS, ROBERT BJR Jun 1.2017 $240D0 659433 11798K8DSSK8AN'S CATERING INC Jun 1.2017 $10.876.44 659434 29249 MOTOR VEHICLE NETWORK Jun 1, 2017 $812D0 659435 5790 K8UXLDVVCONSTRUCTION Jun 1.2017 $835D0 659436 27089 NEDPDST USA INC Jun 1.2017 $86.71 659437 22058 NET TRANSCRIPTS, INC. Jun 1, 2017 $137.51 659438 18506 NICHOLAS CONSTRUCTION INC Jun 1.2017 $194.284.91 659439 20361 NDSGAK8ANLLP Jun 1.2017 $3.52630 659440 28687 NV5|NC Jun 1, 2017 $6.471.32 659441 2S4 OFFICE DEPOT BUSINESS SERVICES Jun 1.2017 $643.48 659442 14515DXLE\^S PEST CONTROL INC Jun 1.2017 $250D0 659443 6090 P | Jun 1.2017 $5.707.50 659444 S448PTDSALES CORP /TRUCKPRDLLC Jun 1.2017 $187.64 659445 6122 PACIFIC POWER INC Jun 1, 2017 $240.19 659446 13209 PARKHDUSE TIRE INC Jun 1.2017 $1.756.14 659447 27386 PATRIOT ENVIRONMENTAL SERVICES Jun 1.2017 $1.432.80 659448 S2S3PENS|NGERTRAILER RENTALS Jun 1.2017 $227.71 659449 28869 PERRY. BRETT Jun 1, 2017 $660D0 659450 27911 PDRTERV|LLEFDRD Jun 1, 2017 $1.746.98 659451 28567 PRESORT CENTER DF FRESNO LLC Jun 1.2017 $462.22 659452 2A338PSC INDUSTRIAL OUTSOURCING LP Jun 1.2017 $33.050D0 659453 6640 RADIO SHACK CORP Jun 1.2017 $128.64 659454 20713R4ND\^STOWING Jun 1.2017 $105D0 659455 SS8O RAY ALLEN MANUFACTURING CO, IN Jun 1.2017 $2.664.53 659456 29257 R|VER4, FRANCISCO Jun 1, 2017 $126D0 659457 18891 RDARK.K8EL|SGA Jun 1.2017 $1.459.60 659458 6915 ROUND-UP FEED AND PET SUPPLY Jun 1.2017 $132.97 659459 1024A SAN JDAC)U|NTRACTOR CO INC Jun 1.2017 $252.85 659460 27787 GANCHEZ.STEPHAN|E Jun 1, 2017 $140.50 659461 27361 SC FUELS Jun 1,2017 $8.554.34 659462 21519 SCELZ| ENTERPRISES INC Jun 1, 2017 $28.62 659463 2283A SECURITY PAVING CO, INC Jun 1.2017 $207.900D0 659464 110AOSHERVV|NWILLIAMS COMPANY Jun 1.2017 $1.486.77 659465 2S203 SIERRA CDNST& EXCAVATION INC Jun 1.2017 $11.597.92 659466 18OO5 SLATER PLUMBING &MECHANICAL Jun 1.2017 $3.993.26 659467 23456 SDRENSDN.VERNDN MID INC Jun 1, 2017 $155.45 659468 11AO7SPARKLETTS/S|ERR4SPRINGS Jun 1.2017 $352.71 659469 7609 SPRINT Jun 1.2017 $60D0 659470 17A8SSPR|NT7NEXTELCOMMUNICATIONS Jun 1.2017 $2,347.01 659471 10485 SVVAAAE Jun 1, 2017 $95D0 659472 28163 SVV|TZER, PHILIP Jun 1, 2017 $63D0 659473 10161 TAB PRODUCTS CDLLC Jun 1.2017 $1.543D6 659474 7A37 THE TRAILER MART Jun 1.2017 $1.744.43 659475 2035A TURF STAR INC Jun 1.2017 $208.86 659476 ASTYACK TIRES INC Jun 1.2017 $955.58 659477 2SS2Z TYCO INTEGRATED SECURITY LLC Jun 1.2017 $778.56 659478 15212 U.S. BEHAVIORAL HEALTH PLAN Jun 1.2017 $5.598.67 659479 10428 UNITED REFRIGERATION INC Jun 1, 2017 $664.77 659480 24102 UTILITY SYSTEMS SCIENCE &SOFTWARE Jun 1.2017 $2.915D0 659481 2S0S0 VANGUARD CLEANING SYSTEMS INC Jun 1.2017 $475D0 S:\Accounting\KAROL\Admin CounciK2017\COUNC|L-ADM|N\ 06128117 CC AGENDA PACKET PG 62 6/16/7017 CITY OF BAKERSFIELD -CHECK REGISTER PAGE 6 FROM 5/76/7017t0//15/7017 Check Vendor momue, Number Vendor Name Check Date Check Amount 659482 25905 VAUGHAN, RYAN Jun 1, 2017 $1.987.44 659483 20601 VER|Z]NVV|RELESS Jun 1.2017 $19.050.87 659484 2A274VDR|KCONSTRUCTION Jun 1.2017 $12.500D0 659485 13AOAVDYLES||. ROBERT L Jun 1.2017 $106D0 659486 27432VVALDDS EMBROIDERY & SCREEN PRINT Jun 1.2017 $72.94 659487 5S73 WALTER K8DRTENSENINSURANCE Jun 1.2017 $1.340D0 659488 2A213VVATK|NS.AARON Jun 1.2017 $2.647.25 659489 14S47VVAX|E SANITARY SUPPLY INC Jun 1.2017 $1.921.67 659490 27854VVEBB.AL|SDN Jun 1.2017 $2.795.71 659491 21212 WHITE CAP CONSTRUCTION SUPPLY Jun 1.2017 $516.53 659492 A244ZEPMANUFACTURING COMPANY Jun 1.2017 $858.77 659493 288543C PAYMENT (USA)CORP Jun 1.2017 $106D8 659496 28ACELECTRIC COMPANY Jun 1.2017 $59.586.47 659498 78 ADVANCED DISTRIBUTION CO Jun 1, 2017 $7.701.78 659499 12516 AIMS Jun 1, 2017 $463.51 659505 21172 BLACKHDLE TECHNOLOGIES INC Jun 1.2017 $5.663.92 659507 18692 BOUND TREE MEDICAL LLC Jun 1.2017 $3.334.64 659508 2A353CA FIRE & RESCUE TRAINING AUTHORITY Jun 1.2017 $1.000D0 659512 1SAS CALIFORNIA WATER SERVICE Jun 1.2017 $42.844.56 659514 27074CEN-CAL CONSTRUCTION INC Jun 1.2017 $22.853.13 659515 10421 CHICAGO TITLE COMPANY Jun 1.2017 $60.000D0 659516 11A37 CITY DFBAKERSF|ELD Jun 1.2017 $58.371.74 659517 3450 GRANITE CONSTRUCTION INC Jun 1.2017 $11.637.32 659518 28263 GREEN GRASS LAWN CARE Jun 1, 2017 $350D0 659519 4677 KERN REFUSE DISPOSAL, INC Jun 1.2017 $120.15535 659520 28967 LD.CHEYANNE PETTY CASH CUSTODIAN Jun 1.2017 $126.87 659521 5133 LOOP ELECTRIC INC Jun 1, 2017 $6.63630 659522 28817 K8CREDK8DND.SHANANDDAH Jun 1, 2017 $43.78 659524 S114 PACIFIC GAS &ELECTRIC COMPANY Jun 1.2017 $5.005.18 659525 8785PARR4.ESTHER PETTY CASH Jun 1.2017 $120.17 659526 29346 PHOENIX INVESTMENTS LLC Jun 1.2017 $2.000D0 659527 28567 PRESORT CENTER DF FRESNO LLC Jun 1.2017 $12.000D0 659528 10871 PUBLIC SECTDREXELLENCE Jun 1.2017 $155D0 659529 24366 SHER|DAN, MD. FRANK Jun 1, 2017 $1.625D0 659530 7509 SDCALGAS Jun 1, 2017 $34.52 659531 21314T|CDR TITLE COMPANY INC Jun 1.2017 $0D0 659532 8611 VAUGHNVVATER CO., INC. Jun 1.2017 $159.99 659540 15482 VULCAN MATERIALS CO Jun 1.2017 $883.799.46 659541 10037 CLAUD|AK8DRJARRD-JDRDAN Jun 2, 2017 $45D0 659542 24281 DUNN-YDNKE.DEBR4 Jun 2.2017 $189D0 659543 3403 GOLDEN STATEPETERB|LT Jun 2.2017 $401.55 659544 16862 HEALTHCDK8P INC Jun 2, 2017 $166.32 659545 4243 JDRGENSEN & CO Jun 2, 2017 $119.32 659546 10037 KC| ENVIRONMENTAL Jun 2, 2017 $200D0 659547 4581 KERN ELECTRIC DISTRIBUTORS Jun 2.2017 $1.717.80 659548 7492 KERN MACHINERY INC Jun 2, 2017 $115.19 659549 4680 KERN RIVER POWER EQUIPMENT INC Jun 2.2017 $675.29 659550 4861 K|SCD SALES INC Jun 2.2017 $494.04 659551 26048 LENNAR FRESNO INC Jun 2.2017 $600D0 659552 287D4LENNAR HOMES DF CALIFORNIA, INC Jun 2.2017 $1.000D0 659553 70344 K8ANANT|ALDEV|DAETERNAINC Jun 2.2017 $500D0 659554 7064 MERCHANTS PRINTING &ENVELOPE Jun 2.2017 $2.737.24 S:\Acconting\KAROL\Admin Council\2017\COUNC|LADM|N\ 06/28/17CCAGENDA PACKET PG 63 6/16/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 7 FROM 5/26/2017 to 6/15/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 659555 28366 MINOR, TYLER Jun 2, 2017 $204.10 659556 5547 MINUTEMAN PRESS Jun 2, 2017 $748.89 659557 5688 MOTION INDUSTRIES INC Jun 2, 2017 $516.87 659558 5687 MOTOR CITY SALES & SERVICE Jun 2, 2017 $239.42 659559 10114 O'DONLEY, LONI Jun 2, 2017 $65.00 659560 24279 O'REILLY AUTO PARTS Jun 2, 2017 $157.95 659561 10037 SANDRA RODRIGUEZ Jun 2, 2017 $72.00 659562 70343 THOMPSON, MARUCS Jun 2, 2017 $5,334.64 659563 27754 WILKENING, MARY Jun 2, 2017 $97.50 659564 28488 WOOD, VICTORIA Jun 2, 2017 $120.25 659565 28865 BLUE SHIELD OF CALIFORNIA Jun 2, 2017 $620,765.13 659566 10047 DRM WASTE MGMT-DD'S #5316 Jun 2, 2017 $15,908.59 659570 3427 GRAINGER INC, W W Jun 2, 2017 $10,247.12 659572 3452 GRAY AR ELECTRIC COMPANY Jun 2, 2017 $3,707.09 659574 24139 GUTIERREZ TIRE & WHEEL INC Jun 2, 2017 $6,433.46 659576 7933 HOME DEPOT Jun 2, 2017 $1,126.73 659578 7933 HOME DEPOT Jun 2, 2017 $1,671.82 659579 12857 KAISER PERMANENTE Jun 2, 2017 $43,225.42 659584 4740 KERN TURF SUPPLY Jun 2, 2017 $9,778.46 659586 15624 LOWE'S HOME IMPROVEMENT Jun 2, 2017 $996.15 659588 15624 LOWE'S HOME IMPROVEMENT Jun 2, 2017 $1,336.01 659589 10113 MEDICAL EYE SERVICE COMPANY Jun 2, 2017 $209.42 659590 26141 REYNOLDS, KRIS Jun 2, 2017 $380.00 659591 21314 TICOR TITLE COMPANY INC Jun 2, 2017 $11,474.00 659592 21314 TICOR TITLE COMPANY INC Jun 2, 2017 $63,267.40 659593 29221 UNITED CONCORDIA DENTAL PLANS OF CA Jun 2, 2017 $7,545.99 659594 10047 WALGREENS #3272 Jun 2, 2017 $2,255.40 659595 10204 ASSOCIATION BKFD POLICE OFFICER FCU Jun 2, 2017 $14,466.05 659596 10211 BAKERSFIELD FIREMEN Jun 2, 2017 $8,996.61 659597 10200 BAKERSFIELD FIREMEN RELIEF ASS Jun 2, 2017 $8,492.45 659598 10203 BAKERSFIELD POLICE BENEFIT Jun 2, 2017 $24,533.86 659599 10205 MUTUAL BENEFIT ASSOCIATION Jun 2, 2017 $2,064.80 659600 26810 RELIASTAR LIFE INSURANCE CO Jun 2, 2017 $978.66 659601 22324 SEIU LOCAL 521 Jun 2, 2017 $20,425.79 659602 28 A C ELECTRIC COMPANY Jun 8, 2017 $55,135.97 659603 22346 ABACUS I M T INC Jun 8, 2017 $132.73 659604 26503 ABSOLUTE ACCURACY INC Jun 8, 2017 $170.75 659605 78 ADVANCED DISTRIBUTION CO Jun 8, 2017 $1,714.54 659606 26886 AGERTON, ELIZABETH Jun 8, 2017 $250.00 659607 12516 AIMS Jun 8, 2017 $33,771.33 659608 1229 AIRGAS WEST INC Jun 8, 2017 $983.90 659609 19696 ALEMAN, KIM Jun 8, 2017 $160.50 659610 28688 ALLIED UNIVERSAL SECURITY SERVICES Jun 8, 2017 $864.00 659611 28369 ALVAREZ, LUIS Jun 8, 2017 $21.00 659612 29339 AM BU INC Jun 8, 2017 $1,482.32 659613 29262 ARTHUR, GREGORY Jun 8, 2017 $414.00 659614 29360 ASSOCIATED TRANSPORTATION SYSTEMS Jun 8, 2017 $62.00 659615 25940 BACA, ANTHONY Jun 8, 2017 $21.00 659616 13544 BAKERSFIELD ARC Jun 8, 2017 $22.00 659617 675 BAKERSFIELD CALIFORNIAN Jun 8, 2017 $4,273.88 659618 857 BAKERSFIELD S P C A Jun 8, 2017 $536.25 659619 557 BARC Jun 8, 2017 $233.50 S:\Accounting\KAROL\Admin - Council\2017\COUNCIL-ADMIN\ 06128117 CC AGENDA PACKET PG 64 6/16/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 8 FROM 5/26/2017 to 6/15/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 659620 13424 BARNES WELDING SUPPLY Jun 8, 2017 $11.70 659621 946 BARNES, KEVIN Jun 8, 2017 $90.00 659622 21032 BEAGLEY,PETER Jun 8, 2017 $250.00 659623 23939 BERRY, JONATHAN Jun 8, 2017 $1,025.00 659624 28231 BIG BRAND TIRE CO Jun 8, 2017 $223.26 659625 29237 BLACK, JOHNNY Jun 8, 2017 $21.00 659626 21328 BLOOMER, MICHAEL Jun 8, 2017 $360.00 659627 18692 BOUND TREE MEDICAL LLC Jun 8, 2017 $307.20 659628 24464 BROWN, CLAUDE Jun 8, 2017 $21.00 659629 22549 BUDAK, KRISTINE Jun 8, 2017 $70.00 659630 10267 BUDGET BOLT INC Jun 8, 2017 $245.70 659631 21031 URICH, ANDREW Jun 8, 2017 $250.00 659632 23090 BURTONS FIRE INC Jun 8, 2017 $483.95 659633 1477 CAL VALLEY EQUIPMENT INC Jun 8, 2017 $169.58 659634 28603 CALIFORNIA FUELS & LUBRICANTS Jun 8, 2017 $17,430.98 659635 1724 CALPLY LLC Jun 8, 2017 $365.19 659636 16974 CERTEX WEST USA INC Jun 8, 2017 $147.49 659637 1888 CHAMPION HARDWARE Jun 8, 2017 $208.17 659638 23786 CHART INDUSTRIES Jun 8, 2017 $990.88 659639 27509 CONTRERAS, ANGEL Jun 8, 2017 $105.00 659640 19859 COUNTY OF KERN DEPARTMENT OF Jun 8, 2017 $130.00 659641 2249 CREATIVE CONCEPTS INC Jun 8, 2017 $572.95 659642 27296 D & D DISPOSAL INC Jun 8, 2017 $880.00 659643 25063 DANIEL JR, ALBERTO Jun 8, 2017 $21.00 659644 4140 DAVID JANES COMPANY Jun 8, 2017 $71.10 659645 26491 DAVIS, AMY Jun 8, 2017 $45.00 659646 29256 DEWITZ, JEFF Jun 8, 2017 $21.00 659647 2558 DISPENSING TECHNOLOGY CORP Jun 8, 2017 $2,445.46 659648 27367 DRAEGER SAFETY DIAGNOSTICS, INC Jun 8, 2017 $380.00 659649 2726 ECONOLITE CONTROL PRODUCTS INC Jun 8, 2017 $19,108.73 659650 26425 EICHNER, LAWRENCE Jun 8, 2017 $360.00 659651 29111 ENVIROTEK CORPORATION Jun 8, 2017 $2,415.22 659652 29340 EZ LINER INDUSTRIES Jun 8, 2017 $22.80 659653 16624 FASTENAL COMPANY Jun 8, 2017 $1,314.74 659654 2901 FEDEX Jun 8, 2017 $178.97 659655 24538 FEI BAKERSFIELD Jun 8, 2017 $138.06 659656 19657 FIRST CHOICE SERVICES INC Jun 8, 2017 $292.18 659657 17280 FISHMAN, LYUDMILA Jun 8, 2017 $220.00 659658 3020 FLO SYSTEMS INC Jun 8, 2017 $21,358.61 659659 26311 FLOWERS, MARTY Jun 8, 2017 $21.00 659660 3028 FLOYDS GENERAL STORE Jun 8, 2017 $257.26 659661 29238 FOX, PERRY Jun 8, 2017 $21.00 659662 28326 FUN EXPRESS Jun 8, 2017 $57.83 659663 21457 FUNCTIONAL ERGONOMICS INC Jun 8, 2017 $675.00 659664 28178 GARCIA, ADAM Jun 8, 2017 $405.00 659665 29361 GARCIA, RENEE Jun 8, 2017 $250.00 659666 308 GARDENERS SUPPLY INC Jun 8, 2017 $176.89 659667 26698 GAVIN, KEEGAN Jun 8, 2017 $250.00 659668 28064 GENERAL TREE SERVICE INC Jun 8, 2017 $69,492.00 659669 3358 GILLIAM & SONS INC Jun 8, 2017 $60,287.00 659670 3403 GOLDEN STATE PETERBILT Jun 8, 2017 $1,570.14 659671 3452 GRAY AR ELECTRIC COMPANY Jun 8, 2017 $139.34 S:\Accounting\KAROL\Admin - Council\2017\COUNCIL-ADMIN\ 06128117 CC AGENDA PACKET PG 65 6/16/7017 CITY OF BAKERSFIELD -CHECK REGISTER PAGE FROM 5/76/7017t0//15/7017 Check Vendor momue, Number Vendor Name Check Date Check Amount 659672 24247GREGS PETROLEUM SERVICES INC Jun 8.2017 $8.581.89 659673 3537 GUNDLACH PLUMBING AIR CDND INC Jun 8, 2017 $2.848.13 659674 162 HADDADDDDGE Jun 8.2017 $465.12 659675 3593 HALL LETTER SHOP Jun 8.2017 $2.334.20 659676 3SS0 HARBOR FREIGHT TOOLS Jun 8.2017 $187.62 659677 23804 HERNANDEZ, MATTHEW Jun 8.2017 $180D0 659678 28218 |FG SERVICE INC Jun 8.2017 $3.701.50 659679 4022 INTEGRATED TACTICAL CONCEPTS LLC Jun 8.2017 $3.750D0 659680 20795 |PC USA INC Jun 8.2017 $23.054.45 659681 28660 JACDBSEN.THDK8AS Jun 8.2017 $360D0 659682 2A3S2 JAMES, LOUIS Jun 8.2017 $250D0 659683 28A17 JAN-PRO CLEANING SYSTEMS Jun 8.2017 $1.365D0 659684 4243JDRGENSEN&CD Jun 8.2017 $171.47 659685 28989 K&| SERVICES INC Jun 8.2017 $6.109D0 659686 19554 K&RTOWING Jun 8.2017 $35D0 659687 26914 KAHAN|C.N|CHDLAS Jun 8.2017 $180D0 659688 7492 KERN MACHINERY INC Jun 8.2017 $435.84 659689 4790 KGETTV Jun 8.2017 $1.400D0 659690 4875 KNIGHTS PUMPING & PORTABLE SVC INC Jun 8.2017 $80.87 659691 70078 KNIGHTS PUMPING & PORTABLE SVC INC Jun 8.2017 $82.87 659692 14219 LA GRINDING INC Jun 8.2017 $35D0 659693 23743 LANDSCAPE DEVELOPMENT INC Jun 8.2017 $2.945D0 659694 28956 LID MAINTENANCE &CONSTRUCTION Jun 8.2017 $850D0 659695 22408 LEHR AUTO ELECTRIC Jun 8.2017 $296.85 659696 28794 LENNAR HOMES DFCALIFORNIA, INC Jun 8.2017 $85.479.91 659697 5133 LOOP ELECTRIC INC Jun 8.2017 $4.680D0 659698 18614 LUDLUM MEASUREMENTS INC Jun 8.2017 $303D0 659699 12095 MADDEN, CLAYTON Jun 8.2017 $108.81 659700 14184K8ARR|DTT HOTEL EK8ERYV|LLE Jun 8.2017 $35733 659701 16016 K8C|NTDSH&ASSOCIATES Jun 8.2017 $16.065.50 659702 27825 K8ELENDEZ.DANN| Jun 8.2017 $45D0 659703 7064 MERCHANTS PRINTING &ENVELOPE Jun 8.2017 $342.13 659704 1316 MICHELIN NORTH AMERICA INC Jun 8.2017 $4.059.68 659705 5547 MINUTEMAN PRESS Jun 8.2017 $710.96 659706 28A84 MORALES & MORALES GARDENING Jun 8.2017 $7.800D0 659707 28454K8DRK8ASTRDTR4NSPDRTATINC Jun 8.2017 $2.800D0 659708 29240 K8UK8K8ERT.JASEN Jun 8.2017 $21D0 659709 18506 NICHOLAS CONSTRUCTION INC Jun 8, 2017 $96.472D5 659710 18888 N|EK8EYER& ASSOCIATES INC Jun 8.2017 $2.504.42 659711 20361 NDSGAK8ANLLP Jun 8.2017 $12.37938 659712 3910 D'CDNNDR PEST CONTROL Jun 8, 2017 $295D0 659713 23333 D'GR4DY.JDE Jun 8.2017 $800D0 659714 27441 DRDZCD.JUAN Jun 8.2017 $250D0 659715 22301 OVERLAND PACIFIC & CUTLER INC Jun 8.2017 $388.906.60 659716 14515 DXLE\^S PEST CONTROL INC Jun 8. 2017 $140D0 659717 6448 PTDSALES CORP /TRUCKPRDLLC Jun 8.2017 $33038 659718 17512 PACHECD, UR|EL Jun 8.2017 $79.75 659719 20828 PARSONS TRANSPORTATION GROUP INC Jun 8.2017 $158.507.89 659720 25550 PERRY, MATTHEW Jun 8.2017 $659D0 659721 27514 PHILLIPS, CHARLIE Jun 8.2017 $21D0 659722 6376 PIONEER PAINT Jun 8.2017 $569.13 659723 27911 PDRTERV|LLEFDRD Jun 8.2017 $490.72 S:\Accounting\KAROL\Admin CounciK2017\COUNC|L-ADM|N\ 06128117 CC AGENDA PACKET PG 66 6/16/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 10 FROM 5/26/2017 to 6/15/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 659724 178 PRAXAIR DISTRIBUTION INC Jun 8, 2017 $15.47 659725 3249 RAY GASKIN SERVICE INC Jun 8, 2017 $491.16 659726 6682 RAYMONDS TROPHY AND AWARDS Jun 8, 2017 $107.40 659727 28480 READY REFRESH Jun 8, 2017 $9.94 659728 22196 RESOURCE MACHINERY & ENGINEERING Jun 8, 2017 $2,843.99 659729 27522 RICOCHET MANUFACTURING CO INC Jun 8, 2017 $14,210.09 659730 29257 RIVERA, FRANCISCO Jun 8, 2017 $21.00 659731 27378 ROLDAN, EVETTE Jun 8, 2017 $790.00 659732 29099 ROTATIONAL MOLDING INC Jun 8, 2017 $32,490.32 659733 6915 ROUND -UP FEED AND PET SUPPLY Jun 8, 2017 $313.11 659734 28665 ROUTE READY PARTS Jun 8, 2017 $6,210.20 659735 6953 S & S ARTS AND CRAFTS Jun 8, 2017 $1,081.25 659736 24306 SAFARILAND Jun 8, 2017 $127.63 659737 18072 SAFETY TEK INDUSTRIES INC Jun 8, 2017 $2,520.00 659738 23332 SANDOVAL, ROANI Jun 8, 2017 $70.00 659739 7434 SMART & FINAL IRIS COMPANY Jun 8, 2017 $900.68 659740 23607 SMITH TRAVEL RESEARCH Jun 8, 2017 $2,000.00 659741 7459 SNIDER'S INC Jun 8, 2017 $337.02 659742 11566 SOIL CONTROL LAB INC Jun 8, 2017 $1,288.00 659743 22473 SOILS ENGINEERING INC Jun 8, 2017 $5,386.00 659744 11907 SPARKLETTS /SIERRA SPRINGS Jun 8, 2017 $158.26 659745 7576 SPARLING INSTRUMENTS LLC Jun 8, 2017 $8,071.85 659746 25140 SPECIAL SERVICES GROUP LLC Jun 8, 2017 $150.15 659747 7586 SPECIALTY TRIM & AWNING INC Jun 8, 2017 $2,037.75 659748 16685 STIERN VETERINARY HOSPITAL Jun 8, 2017 $804.74 659749 28163 SWITZER, PHILIP Jun 8, 2017 $21.00 659750 26369 T Y LIN INTERNATIONAL INC Jun 8, 2017 $157,962.48 659751 28832 T- MOBILE USA Jun 8, 2017 $11,796.00 659752 28268 TEAGUE, STEPHANIE Jun 8, 2017 $250.00 659753 24444 TEICHERT CONSTRUCTION Jun 8, 2017 $159,412.89 659754 28733 TELELANGUAGE INC Jun 8, 2017 $843.48 659755 19961 THE HON COMPANY -C /O STINSONS Jun 8, 2017 $281.98 659756 14693 THE LIFEGUARD STORE Jun 8, 2017 $1,092.00 659757 18029 THERMO FISHER SCIENTIFIC LLC Jun 8, 2017 $1,638.68 659758 21369 TRANS -WEST SECURITY INC Jun 8, 2017 $6,429.54 659759 28740 TRINITY TOOL CO Jun 8, 2017 $300.00 659760 245 TURK'S KERN COPY INC Jun 8, 2017 $768.66 659761 96 TYACK TIRES INC Jun 8, 2017 $1,888.71 659762 29349 UNIVERSITY OF CALIFORNIA SAN DIEGO Jun 8, 2017 $13,500.00 659763 26915 VALENZUELA, JULIAN Jun 8, 2017 $120.00 659764 26060 VANGUARD CLEANING SYSTEMS INC Jun 8, 2017 $996.60 659765 8400 VWR SCIENTIFIC Jun 8, 2017 $1,362.75 659766 14647 WAXIE SANITARY SUPPLY INC Jun 8, 2017 $38.67 659767 25253 WEGIS, JONATHAN Jun 8, 2017 $480.00 659768 28739 WESTAIR GASES & EQUIPMENT INC Jun 8, 2017 $96.31 659769 26337 WHITE, WILLIAM Jun 8, 2017 $21.00 659770 27212 XYLEM DEWATERING SOLUTIONS Jun 8, 2017 $7,804.62 659771 25879 ZOOM IMAGING SOLUTIONS, INC. Jun 8, 2017 $1,063.54 659772 25815 1 800 RADIATOR & A/C INC Jun 8, 2017 $116.90 659773 537 A T & T Jun 8, 2017 $374.44 659774 6129 AT&T Jun 8, 2017 $2,873.37 659775 12516 AIMS Jun 8, 2017 $795.50 S: \Accounting \KAROL \Admin - Council \2017 \COUNCIL- ADMIN\ 06128117 CC AGENDA PACKET PG 67 6/16/7017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE I I FROM 5/76/7017t0//15/7017 Check Vendor momue, Number Vendor Name Check Date Check Amount 659776 15175 CALIFORNIA FIRE CHIEFS ASSOC Jun 8.2017 $1.100D0 659777 1696 CALIFORNIA WATER SERVICE Jun 8. 2017 $7.059.41 659780 1SAS CALIFORNIA WATER SERVICE Jun 8.2017 $60.160.73 659781 2814 DEPARTMENT DF CONSUMER AFFAIRS Jun 8.2017 $115D0 659783 3427 GR4|NGER INC, VVVV Jun 8.2017 $1.473.42 659785 7933 HOME DEPOT Jun 8.2017 $4.06335 659788 4740 KERN TURF SUPPLY Jun 8.2017 $4.621.99 659789 4861 K|SCD SALES INC Jun 8.2017 $97.84 659792 15624 LDVVE'S HOME IMPROVEMENT Jun 8.2017 $1.670.83 659793 29355 MC CARTY, K8ARLENELEE Jun 8.2017 $870D0 659794 5333K8CCDRK8|CK.TEREGAA Jun 8.2017 $180D0 659795 S114 PACIFIC GAS &ELECTRIC COMPANY Jun 8.2017 $174D9 659797 6114 PACIFIC GAS &ELECTRIC COMPANY Jun 8.2017 $171.936.32 659798 12953 RENAISSANCE HOTEL Jun 8.2017 $946.92 659799 7509 SDCALGAS Jun 8.2017 $243.53 659800 29061 VAN FDSSEN.T|FFANY Jun 8.2017 $203.72 659806 10037 BR4DTHDK8PSDN Jun A.2017 $400D0 659807 10037 BURT ELECTRIC & COMMUNICATIONS INC Jun A.2017 $200D0 659808 10O37 CINDY JENN|NGS Jun A.2017 $200D0 659809 10037 CLIFTON CALDERVVDDD Jun A.2017 $200D0 659810 10037 EDGARGANCHEZ Jun A.2017 $200D0 659811 10O37GREGSPETROLEUM Jun A.2017 $400D0 659812 16862 HEALTHCDK8P INC Jun A.2017 $168.63 659813 25660 HORIZON WATER & ENVIRONMENT LLC Jun A.2017 $3.933.73 659814 4435 KERN COUNTY CLERKS Jun A.2017 $350D0 659815 29364 KERN GROUNDWATER AUTHORITY Jun A.2017 $31.146D0 659816 28794 LENNAR HOMES DFCALIFORNIA, INC Jun A.2017 $246.212.69 659817 10037 NANCY BENSON Jun A.2017 $32D0 659818 10037 N|CEYK8ATHEVV Jun A.2017 $199.99 659819 10O37 NICOLE L|TTLES Jun A.2017 $46D0 659820 10037 PETER SERNA Jun A.2017 $126D0 659821 10037 PHYLLIS BOWERS Jun A.2017 $48.25 659822 24154 REYNOLDS, JACK Jun A.2017 $13D0 659823 10037 RDBERTDK8ENDDZA Jun A.2017 $200D0 659824 28920 S|K8S, RONALD Jun A.2017 $273D0 659825 29365 STDNE. RDGA Jun A.2017 $9035 659826 2AO88 TODD GROUNDWATER Jun A.2017 $19.335.65 659827 10037VER4CHAVEZ Jun A.2017 $124D0 659828 28887ALL|ANT INSURANCE SERVICES, INC Jun A.2017 $11.713D0 659830 2245 CRDCKERJAN|TDR|AL SUPPLY CO Jun A. 2017 $20.402.70 659831 4550 KC SDS Jun A.2017 $894.075D5 659832 4429 KERN COUNTY AUDITOR CONTROLLER Jun A.2017 $3.289D0 659833 13542 UNION PACIFIC RAILROAD COMPANY Jun A.2017 $5.560D0 659835 15482 VULCAN MATERIALS CO Jun A.2017 $257.827.20 659836 28977 AT&T Jun 15. 2017 $125D0 659837 27712A,1 PRECISION BUILDERS Jun 15.2017 $610D0 659838 67 ACME POOL SUPPLY Jun 15. 2017 $10.71 659839 20576 ACTION GLASS INC Jun 15.2017 $526.43 659840 28831 ADVANCED INDUSTRIAL SERVICES Jun 15.2017 $3.861.75 659841 160 ALL THAT LETTERING SIGN CDK8PNY Jun 15. 2017 $500D0 659842 28688 ALLIED UNIVERSAL SECURITY SERVICES Jun 15. 2017 $936D0 659843 258S3 ALLIED WEED CONTROL INC Jun 15.2017 $1.400D0 S:\Accounting\KAROL\Admin CounciK2017\COUNC|L-ADM|N\ 06128117 CC AGENDA PACKET PG 68 6/16/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 12 FROM 5/26/2017 to 6/15/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 659844 176 ALLSTAR FIRE EQUIPMENT Jun 15, 2017 $1,623.23 659845 20182 ALON ASPHALT BAKERSFIELD INC Jun 15, 2017 $6,071.27 659846 28369 ALVAREZ, LUIS Jun 15, 2017 $63.00 659847 347 AMREP INC Jun 15, 2017 $38.64 659848 17406 ARCED, CARLOS Jun 15, 2017 $105.47 659849 26452 ARIZONA HIKING SHACK Jun 15, 2017 $376.20 659850 13049 ARMA COATINGS OF BAKERSFIELD Jun 15, 2017 $804.38 659851 22588 ARROWHEAD FORENSICS Jun 15, 2017 $1,094.16 659852 15775 ASSOCIATION OF CALIF AIRPORTS Jun 15, 2017 $75.00 659853 18417 ATTORNEYS CERTIFIED SERVICES Jun 15, 2017 $243.50 659854 520 AUTO TINT WEST INC Jun 15, 2017 $114.79 659855 536 AVERY ASSOCIATES Jun 15, 2017 $3,150.00 659856 13028 B & H PHOTO VIDEO INC Jun 15, 2017 $1,375.10 659857 652 BACSCO Jun 15, 2017 $775.31 659858 655 B A S E- BAKERSFIELD ATHLETIC SUP EQ Jun 15, 2017 $42.21 659859 25940 BACA, ANTHONY Jun 15, 2017 $189.00 659860 675 BAKERSFIELD CALIFORNIAN Jun 15, 2017 $4,302.98 659861 14316 BAKERSFIELD FLOOR COVERING INC Jun 15, 2017 $2,490.00 659862 10320 BAKERSFIELD HOMELESS CENTER Jun 15, 2017 $18,743.73 659863 70249 BAKERSFIELD PLUMBING CO INC Jun 15, 2017 $4,462.00 659864 841 BAKERSFIELD RUBBER STAMP CO Jun 15, 2017 $285.55 659865 857 BAKERSFIELD S P C A Jun 15, 2017 $65,390.00 659866 850 BAKERSFIELD SENIOR CENTER Jun 15, 2017 $6,027.59 659867 875 BAKERSFIELD TRUCK CENTER Jun 15, 2017 $18.72 659868 877 BAKERSFIELD WELL & PUMP Jun 15, 2017 $13,913.23 659869 26027 BANKS & CO CAR WASH SYSTEMS INC Jun 15, 2017 $708.78 659870 557 BARC Jun 15, 2017 $274.00 659871 13424 BARNES WELDING SUPPLY Jun 15, 2017 $574.95 659872 945 ARNETT'S TOWING SERVICE INC Jun 15, 2017 $140.00 659873 21118 BEHL, MANPREET Jun 15, 2017 $86.00 659874 1069 BETHANY SERVICES Jun 15, 2017 $12,480.62 659875 1094 BIERLY, LEON RAE & JOANNE BOOTH Jun 15, 2017 $2,371.54 659876 28231 BIG BRAND TIRE CO Jun 15, 2017 $420.00 659877 9117 BILL WRIGHT TOYOTA Jun 15, 2017 $91.00 659878 20671 BILLAT JTWROS, MICHAEL & GAYLE Jun 15, 2017 $797.69 659879 23444 BILLINGSLEY, MATTHEW Jun 15, 2017 $1,976.23 659880 29237 BLACK, JOHNNY Jun 15, 2017 $63.00 659881 20301 BLASTERS TOOL & SUPPLY CO INC Jun 15, 2017 $59.86 659882 1175 BOBS WHOLESALE AUTO GLASS Jun 15, 2017 $551.65 659883 22817 BORN AGAIN BODYWORKS Jun 15, 2017 $10,500.39 659884 18692 BOUND TREE MEDICAL LLC Jun 15, 2017 $4,551.76 659885 1249 BRANDCO Jun 15, 2017 $546.66 659886 20485 BREWER, DANIEL Jun 15, 2017 $290.00 659887 19303 BRIGHT HOUSE NETWORKS Jun 15, 2017 $171.96 659888 24464 BROWN, CLAUDE Jun 15, 2017 $63.00 659889 10267 BUDGET BOLT INC Jun 15, 2017 $751.32 659890 22565 BURTCH CONSTRUCTION INC Jun 15, 2017 $63,808.28 659891 23090 BURTONS FIRE INC Jun 15, 2017 $1,357.60 659892 10257 BYERS,SCOTT Jun 15, 2017 $809.96 659893 1477 CAL VALLEY EQUIPMENT INC Jun 15, 2017 $277.50 659894 1694 CALIFORNIA WATER SERVICE Jun 15, 2017 $4,025.73 659895 26499 CALISTRO, MIGUIEL Jun 15, 2017 $125.00 S: \Accounting \KAROL \Admin - Council \2017 \COUNCIL- ADMIN\ 06128117 CC AGENDA PACKET PG 69 6/16/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 13 FROM 5/26/2017 to 6/15/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 659896 24513 CARRERA, JESUS Jun 15, 2017 $125.00 659897 15859 CASTLE & COOKE CALIFORNIA INC Jun 15, 2017 $1,162.95 659898 15859 CASTLE & COOKE CALIFORNIA INC Jun 15, 2017 $12,503.33 659899 15859 CASTLE & COOKE CALIFORNIA INC Jun 15, 2017 $13,392.09 659900 1888 CHAMPION HARDWARE Jun 15, 2017 $388.03 659901 27297 CHAVERRIA, GUADALUPE Jun 15, 2017 $125.00 659902 29192 CHRISOS TREE TRIMMING Jun 15, 2017 $4,773.00 659903 2016 CLARK PEST CONTROL INC Jun 15, 2017 $48.00 659904 28780 CLEAN CUT LANDSCAPE INC Jun 15, 2017 $2,570.00 659905 29017 CLEAN WRIGHT SERVICE Jun 15, 2017 $210.00 659906 2050 CLIFFORD & BROWN Jun 15, 2017 $20,313.00 659907 12929 CODE 3 UNIFORMS Jun 15, 2017 $2,233.37 659908 11167 COLES ENVIRONMENTAL Jun 15, 2017 $141.40 659909 2161 CONNOR, MICHAEL Jun 15, 2017 $125.00 659910 27509 CONTRERAS, ANGEL Jun 15, 2017 $126.00 659911 28349 CONVERGINT TECHNOLOGIES Jun 15, 2017 $7,730.00 659912 19568 CORNELIUS, DANA Jun 15, 2017 $112.32 659913 28888 COVEY, JUSTIN R Jun 15, 2017 $1,520.28 659914 25916 CPR SAVERS & FIRST AID SUPPLY Jun 15, 2017 $1,341.18 659915 2245 CROCKER JANITORIAL SUPPLY CO Jun 15, 2017 $1,306.31 659916 22670 CROSSTOWN ELECTRICAL & DATA Jun 15, 2017 $12,192.99 659917 28308 CSP Jun 15, 2017 $255.00 659918 2253 CULLIGAN WATER CONDITIONING Jun 15, 2017 $14.00 659919 27218 CUMMINS PACIFIC LLC Jun 15, 2017 $2,387.95 659920 22621 CYBER COMPUTERS INC Jun 15, 2017 $35,710.72 659921 19185 CYCLE GEAR INC Jun 15, 2017 $1,050.47 659922 20045 DAHL, ROBERT A Jun 15, 2017 $883.45 659923 2351 DAUTERMAN, LORNA G Jun 15, 2017 $765.12 659924 25337 DAVES FLEET MAINT & TOWING INC Jun 15, 2017 $105.00 659925 4140 DAVID JANES COMPANY Jun 15, 2017 $1,663.64 659926 13970 DELL MARKETING L P Jun 15, 2017 $2,656.29 659927 29313 DELL OUTLET Jun 15, 2017 $6,187.54 659928 2478 DENHART, SANDRA Jun 15, 2017 $514.23 659929 2469 DEPARTMENT OF JUSTICE Jun 15, 2017 $1,664.00 659930 24213 DIAMOND H HAULING Jun 15, 2017 $50.00 659931 18556 DIAZ, OLIVIA Jun 15, 2017 $205.00 659932 25742 DISCOUNT RADIATOR CENTER Jun 15, 2017 $1,034.27 659933 2613 DOUGLASS TRUCK BODIES INC Jun 15, 2017 $8,064.13 659934 2642 DU OIS FAMILY TRUST Jun 15, 2017 $2,650.16 659935 11093 E A SHIELDS INC Jun 15, 2017 $353.90 659936 16511 EAN SERVICES LLC Jun 15, 2017 $757.17 659937 2752 ELBERT DISTRIBUTING Jun 15, 2017 $66.02 659938 27898 ELECTRICAL SYSTEMS & INST INC Jun 15, 2017 $2,651.80 659939 20605 ELIFEGUARD INC Jun 15, 2017 $76.50 659940 2811 ENTENMANN ROVIN CO Jun 15, 2017 $253.27 659941 2830 EWING IRRIGATION PRODUCTS Jun 15, 2017 $718.79 659942 2901 FEDEX Jun 15, 2017 $101.15 659943 20239 FINNEY, JOSHUA Jun 15, 2017 $290.00 659944 377 FIRETECH INSPECTION SERVICE Jun 15, 2017 $3,305.00 659945 28511 FIRST ADVANTAGE BACKGROUND Jun 15, 2017 $99.00 659946 19657 FIRST CHOICE SERVICES INC Jun 15, 2017 $351.54 659947 28421 FONG PROPERTIES LLC Jun 15, 2017 $1,741.09 S: \Accounting \KAROL \Admin - Council \2017 \COUNCIL- ADMIN\ 06128117 CC AGENDA PACKET PG 7 6/16/7017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 14 FROM 5/76/7017t0//15/7017 Check Vendor momue, Number Vendor Name Check Date Check Amount 659948 22966 FORENSIC NURSE SPECIALISTS INC Jun 15, 2017 $16.250D0 659949 29238 FOX, PERRY Jun 15.2017 $126D0 659950 23923 FREY, JUSTIN Jun 15. 2017 $117.20 659951 28064 GENERAL TREE SERVICE INC Jun 15. 2017 $2.490D0 659952 17350GHA TECHNOLOGIES INC Jun 15.2017 $3.872.94 659953 3364 GIVENS POSSUM TRUST, ELENA Jun 15, 2017 $2.074.43 659954 29376 GLENN.STEVEN Jun 15.2017 $1.998D0 659955 7717 GLORIA ASTRDNG|N TRUSTEE THE Jun 15.2017 $9.120.42 659956 26862 GDNZALEZ. JOSE G Jun 15.2017 $125D0 659957 3450 GRANITE CONSTRUCTION INC Jun 15.2017 $1.296.993.79 659958 34SS GREATER BAKERSF|ELD CHAMBER DF Jun 15.2017 $1.890D0 659959 17779 GREERS BANNER AIR INC Jun 15, 2017 $360D0 659960 24247GREGS PETROLEUM SERVICES INC Jun 15.2017 $621.97 659961 24693 GRUBBS.JDSH Jun 15.2017 $210D0 659962 3537 GUNDLACH PLUMBING AIR CDND INC Jun 15. 2017 $984.99 659963 3569 H&S BODY WORKS &TOWING Jun 15.2017 $70D0 659964 162 HADDADDDDGE Jun 15, 2017 $140.71 659965 24767 HASTY AWARDS Jun 15, 2017 $425.69 659966 3723 HBDAR|.K8AHK8DUD Jun 15, 2017 $1.08931 659967 13383 HDDELS DEVELOPMENT CORP. Jun 15.2017 $6.642.72 659968 3936 |BEVV LOCAL S84 PENSION TRUST FUND Jun 15.2017 $11.47837 659969 3969 INSTANT STORAGE Jun 15. 2017 $100.99 659970 20795 |PC USA INC Jun 15.2017 $46.064.22 659971 288A2 JAMES D. R|GLERTRUST Jun 15.2017 $1.538.22 659972 26424 JARNAGAN, KYLE Jun 15.2017 $720D0 659973 147 JIM ALFTER CEMENT CONTRACTOR Jun 15.2017 $6.971.85 659974 4254 JUDICIAL DATA SYSTEMS CDRPDRAT Jun 15. 2017 $450.48 659975 28A8AK&| SERVICES INC Jun 15,2017 $4.321D0 659976 19554 K&RTOWING Jun 15,2017 $70D0 659977 26066 KARR.STEVEN Jun 15.2017 $252D0 659978 4573 KERN COUNTY WATER AGENCY Jun 15, 2017 $698.156.84 659979 4677 KERN REFUSE DISPOSAL, INC Jun 15,2017 $1.347.139.56 659980 29378 KFD TRAINING AND CONSULTATION Jun 15. 2017 $12.500D0 659981 23434 K|NNEY. STEVEN P Jun 15.2017 $2.800D0 659982 4875 KNIGHTS PUMPING & PORTABLE SVC INC Jun 15, 2017 $540D0 659983 29196 KDSK|E. CHRISTOPHER J Jun 15.2017 $360D0 659984 14219 LA GRINDING INC Jun 15,2017 $35D0 659985 23743 LANDSCAPE DEVELOPMENT INC Jun 15, 2017 $1.34833 659986 29268 LAVVSDN PRODUCTS INC Jun 15, 2017 $356.12 659987 5084 LEONARD FAMILY REVOCABLE Jun 15, 2017 $3.087.47 659988 5085 LEONARD TRUSTEE DFTHE.JAK8ESK8 Jun 15.2017 $4.841.23 659989 5082 LEONARD, JON H Jun 15.2017 $5.195.88 659990 5086 LEONARD, WILLIAM G Jun 15, 2017 $7.229.80 659991 28755 LEVEL 3 COMMUNICATIONS LLC Jun 15.2017 $1.337.72 659992 1030LEX|SNEX|S MATTHEW BENDER &CD Jun 15.2017 $1.323D0 659993 28745 LIGHTING IN STYLE Jun 15.2017 $789.20 659994 5118 LOCAL AGENCY FORMATION CDK8K8|SS Jun 15.2017 $325.75 659995 5118 LOCAL AGENCY FORMATION CDK8K8|SS Jun 15.2017 $288.13 659996 5121 LOCAL GOVERNMENT PUBLICATIONS Jun 15. 2017 $128.34 659997 29372 LDVETT.DARLA Jun 15.2017 $400D0 659998 28205 K8ALH|.GANDEEP Jun 15.2017 $2.647.25 659999 23368 K8ART|NEZ.ZEKBD Jun 15.2017 $125D0 S:\Accounting\KAROL\Admin CounciK2017\COUNC|L-ADM|N\ 06128117 CC AGENDA PACKET PG 71 6/16/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 15 FROM 5/26/2017 to 6/15/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 660000 5347 MC KENNEY, GEORGE F. Jun 15, 2017 $9,657.40 660001 26902 MENDOZA & ASSOCIATES INC Jun 15, 2017 $109,081.85 660002 27890 MERCY PLAZA RESPIRATORY Jun 15, 2017 $48.00 660003 18520 METROPOLITAN RECYCLING LLC Jun 15, 2017 $13,037.63 660004 1316 MICHELIN NORTH AMERICA INC Jun 15, 2017 $5,283.79 660005 27634 MID VALLEY PUBLISHING Jun 15, 2017 $288.00 660006 28768 MKN & ASSOCIATES INC Jun 15, 2017 $7,535.92 660007 5687 MOTOR CITY SALES & SERVICE Jun 15, 2017 $26,000.00 660008 28735 MULLAHEY CDJR Jun 15, 2017 $45,806.90 660009 29240 MUMMERT, JASEN Jun 15, 2017 $63.00 660010 27446 N D TECHNOLOGY Jun 15, 2017 $29,992.46 660011 5824 NARRANCE, NATHAN R & BONNIE L Jun 15, 2017 $707.48 660012 22058 NET TRANSCRIPTS, INC. Jun 15, 2017 $139.25 660013 18888 NIEMEYER & ASSOCIATES INC Jun 15, 2017 $2,989.70 660014 25752 NISHIKAWA PROPERTY MAINTENANCE INC Jun 15, 2017 $9,309.00 660015 20368 OBRIAN MFG Jun 15, 2017 $3,244.06 660016 10361 OPEN & SHUT ENTERPRISES Jun 15, 2017 $85.00 660017 27025 ORNDORFF, AARON Jun 15, 2017 $360.00 660018 26716 PADILLA, DANIEL Jun 15, 2017 $95.00 660019 17052 PAQUETTE, DAVID Jun 15, 2017 $149.04 660020 13209 PARKHOUSE TIRE INC Jun 15, 2017 $673.22 660021 24029 PAYLESS TOWING Jun 15, 2017 $35.00 660022 6231 PEDRON TRUSTEES, CARLO J OR EVELYN Jun 15, 2017 $15,026.89 660023 25270 PENINSULA MESSENGER INC Jun 15, 2017 $414.88 660024 11272 PEOPLE FACTS LLC Jun 15, 2017 $21.67 660025 25550 PERRY, MATTHEW Jun 15, 2017 $120.00 660026 27514 PHILLIPS, CHARLIE Jun 15, 2017 $126.00 660027 28567 PRESORT CENTER OF FRESNO LLC Jun 15, 2017 $880.51 660028 24435 PROVANTAGE CORP Jun 15, 2017 $490.50 660029 28902 PUBLIC AGENCY RISK MANAGERS ASSOC. Jun 15, 2017 $150.00 660030 20229 QUALITY CODE PUBLISHING LLC Jun 15, 2017 $1,349.85 660031 12069 QUIRINO, GEORGE Jun 15, 2017 $125.00 660032 25313 R & A UPHOLSTERY Jun 15, 2017 $220.00 660033 27363 RAMIREZ, STEPHEN Jun 15, 2017 $125.00 660034 24266 RANDALL, DOUGLAS Jun 15, 2017 $319.00 660035 20713 RANDY'S TOWING Jun 15, 2017 $35.00 660036 3249 RAY GASKIN SERVICE INC Jun 15, 2017 $309.14 660037 6682 RAYMONDS TROPHY AND AWARDS Jun 15, 2017 $223.67 660038 28480 READY REFRESH Jun 15, 2017 $575.14 660039 6727 REFRIGERATION SUPPLIES DIST. INC Jun 15, 2017 $319.18 660040 14474 REIMERS GARDEN CENTER Jun 15, 2017 $188.59 660041 10259 RIGLER, JAMES Jun 15, 2017 $1,525.78 660042 29257 RIVERA, FRANCISCO Jun 15, 2017 $126.00 660043 6844 ROBB EN, BARBARA Jun 15, 2017 $1,566.39 660044 28380 ROONEY, CYNTHIA LYNN Jun 15, 2017 $8,259.06 660045 23176 RR DONNELLEY CO INC Jun 15, 2017 $413.81 660046 6914 RUGTIV, GEORGE M & BARBARA M Jun 15, 2017 $1,649.51 660047 20047 RUGTIV, GEORGE M & BARBARA M Jun 15, 2017 $5,148.17 660048 6953 S & S ARTS AND CRAFTS Jun 15, 2017 $205.17 660049 24306 SAFARILAND Jun 15, 2017 $251.51 660050 29371 SANTOS MANUEL ROBLES BELTRAN Jun 15, 2017 $471.00 660051 27361 SC FUELS Jun 15, 2017 $20,113.01 S:\Accounting\KAROL\Admin - Council\2017\COUNCIL-ADMIN\ 06128117 CC AGENDA PACKET PG 72 6/16/7017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 16 FROM 5/76/7017t0//15/7017 Check Vendor momue, Number Vendor Name Check Date Check Amount 660052 7141 SCHAUK8BERG. K8ARK Jun 15, 2017 $6.756.48 660053 22839 SECURITY PAVING CO, INC Jun 15, 2017 $3.289.180.32 660054 28226 SENTRY CONTROL SYSTEMS Jun 15. 2017 $672.18 660055 21782 SGSTESTCDK8 Jun 15. 2017 $19.93 660056 26203 SIERRA CDNST& EXCAVATION INC Jun 15. 2017 $7.664.43 660057 28658 SK|DK8DRE, DVV|NGS&K8ERR|LLLLP Jun 15, 2017 $46.284.90 660058 7434 SMART & FINAL IRIS COMPANY Jun 15.2017 $1.036.83 660059 26043 SMITH, MATTHEW Jun 15, 2017 $260D0 660060 11566 SOIL CONTROL LAB INC Jun 15. 2017 $2.634D0 660061 22473 SOILS ENGINEERING INC Jun 15.2017 $26.496D0 660062 29272 SDLV|XSDLUT|DNS Jun 15. 2017 $2.276D0 660063 26481 SOUTHWESTERN SALES CO Jun 15, 2017 $428.46 660064 636 SPECTRUM POOL PRODUCTS Jun 15, 2017 $1.915.63 660065 28923 STARS AND STRIPES TREE CARE Jun 15. 2017 $600D0 660066 11276 STATE BOARD OF EQUALIZATION Jun 15. 2017 $300D0 660067 11276 STATE BOARD OF EQUALIZATION Jun 15. 2017 $350D0 660068 22534 STATE WATER RESOURCES CONTROL Jun 15.2017 $1.100D0 660069 5S74 SUSAN K8USDLFDRVVENDYTRACY Jun 15.2017 $2.938.02 660070 21578 SWEET, BRIAN R Jun 15, 2017 $1.793.14 660071 21579 SVVEET, BRIAN R& DEBORAH ANN Jun 15. 2017 $2.758.12 660072 28163 SVV|TZER, PHILIP Jun 15.2017 $126D0 660073 29053 TATES JANITORIAL SERVICE Jun 15. 2017 $8.116.66 660074 27S TAYLOR EQUIPMENT & REPAIR, INC Jun 15.2017 $2.260.11 660075 27973 TEMPEST INTERACTIVE MEDIA LLC Jun 15, 2017 $2.100D0 660076 25338 TEN EIGHT TOW INC Jun 15, 2017 $70D0 660077 19961 THE HON COMPANY-C/O ST|NSDNS Jun 15, 2017 $2.376.32 660078 14693 THE LIFEGUARD STORE Jun 15.2017 $547.42 660079 29377 THOMAS K8KELLY Jun 15.2017 $4.500D0 660080 17322 THDRNBURG, RANDY Jun 15, 2017 $106.67 660081 7999 THREE-WAY CHEVROLET Jun 15. 2017 $526D1 660082 17175 THYSSENKRUPP ELEVATOR INC Jun 15, 2017 $1.557.49 660083 28514 TRAFFIC MANAGEMENT INC Jun 15, 2017 $10.455D0 660084 22879 TREFZ.CR4|G Jun 15.2017 $290D0 660085 10037 TR|-UN|TY REALTY INC Jun 15. 2017 $64.13 660086 ASTYACK TIRES INC Jun 15,2017 $1,413.03 660087 15212 U.S. BEHAVIORAL HEALTH PLAN Jun 15, 2017 $1.125.74 660088 584 UL|NESH|PP|NG SUPPLY Jun 15.2017 $134.48 660089 22485 UN|TEKCDK8PUTER STORE Jun 15. 2017 $7.297D5 660090 21334 VANBRUNT, DAVID Jun 15.2017 $125D0 660091 1SS25 VICTORY CIRCLE INC Jun 15.2017 $5.746.13 660092 15482 VULCAN MATERIALS CO Jun 15, 2017 $83.955.70 660093 87SA WALKER, PATRICIA R& ROBERT R Jun 15.2017 $1.394.54 660094 28891 VVANG, VICTORIA Jun 15. 2017 $3.116.29 660095 14S47VVAX|E SANITARY SUPPLY INC Jun 15.2017 $3.051.98 660096 23378 WEST COAST COMMUNITY BUILDERS Jun 15.2017 $483.186.74 660097 8A3S WESTERN EXTERMINATOR COMPANY Jun 15.2017 $1.344.50 660098 21212 WHITE CAP CONSTRUCTION SUPPLY Jun 15. 2017 $48.84 660099 9068 VVDDDS FAMILY IRREVOCABLE TRUST Jun 15. 2017 $2.319.74 660100 12173 YAHOO ACCOUNT RECEIVABLE Jun 15.2017 $126.60 660101 26909 YORK RISK SERVICES GROUP INC Jun 15. 2017 $16.659.98 660102 17204 4 IMPRINT INC Jun 15, 2017 $512.56 660103 6129 AT&T Jun 15.2017 $209.58 S:\Accounting\KAROL\Admin CounciK2017\COUNC|L-ADM|N\ 06128117 CC AGENDA PACKET PG 73 6/16/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 17 FROM 5/26/2017 to 6/15/2017 Check Vendor Number Number Vendor Name Check Date Check Amount 660104 28860 A T & T Jun 15, 2017 $15,379.30 660105 28860 A T & T Jun 15, 2017 $2,327.24 660108 78 ADVANCED DISTRIBUTION CO Jun 15, 2017 $6,807.10 660111 21172 BLACKHOLE TECHNOLOGIES INC Jun 15, 2017 $4,391.21 660112 19113 BRANSON, DARRIN Jun 15, 2017 $1,912.00 660114 1696 CALIFORNIA WATER SERVICE Jun 15, 2017 $43,675.53 660118 27074 CEN-CAL CONSTRUCTION INC Jun 15, 2017 $328,768.77 660119 29367 CENTURY LANDSCAPE INC Jun 15, 2017 $600.00 660120 1941 CHEVRON U S A Jun 15, 2017 $1,116.14 660121 11937 CITY OF BAKERSFIELD Jun 15, 2017 $6,748.00 660122 11937 CITY OF BAKERSFIELD Jun 15, 2017 $6.00 660123 11937 CITY OF BAKERSFIELD Jun 15, 2017 $26.88 660125 2050 CLIFFORD & BROWN Jun 15, 2017 $1,883.61 660126 2714 EAST NILES COMMUNITY SERVICES Jun 15, 2017 $210.78 660127 2714 EAST NILES COMMUNITY SERVICES Jun 15, 2017 $2,196.66 660128 26312 EPIC AVIATION INC Jun 15, 2017 $198.40 660129 2959 FIRST AMERICAN TITLE COMPANY Jun 15, 2017 $694.52 660131 3028 FLOYDS GENERAL STORE Jun 15, 2017 $1,124.28 660132 13036 FRESNO CITY COLLEGE Jun 15, 2017 $2,900.00 660133 29368 GG&W Jun 15, 2017 $3,200.00 660136 3358 GILLIAM & SONS INC Jun 15, 2017 $184,037.70 660137 29137 GOH, KAREN Jun 15, 2017 $90.00 660139 3488 GREENFIELD COUNTY WATER DIST Jun 15, 2017 $1,044.05 660140 14540 HOOSE NEWS SERVICE Jun 15, 2017 $90.09 660141 29366 KELLER, MICHAEL Jun 15, 2017 $500.00 660142 12627 MARDEROSIAN & COHEN Jun 15, 2017 $5,778.21 660143 29176 MARTIN, LYLE PETTY CASH CUSTODIAN Jun 15, 2017 $801.99 660144 19252 MEYER CIVIL ENGINEERING INC Jun 15, 2017 $6,107.00 660145 28991 NISH-KO INC Jun 15, 2017 $47,712.24 660146 18230 OILDALE MUTUAL WATER COMPANY Jun 15, 2017 $31.20 660147 6114 PACIFIC GAS & ELECTRIC COMPANY Jun 15, 2017 $1,297.63 660148 28058 PARLIER, CHRIS Jun 15, 2017 $90.00 660151 6376 PIONEER PAINT Jun 15, 2017 $10,255.76 660153 27911 PORTERVILLE FORD Jun 15, 2017 $4,281.15 660154 29369 ROSE TRUSTEES, JOE D & PEGGY E Jun 15, 2017 $1,650.00 660155 13860 RUETTGERS & SCHULER CIVIL ENG Jun 15, 2017 $10,725.00 660156 29380 SHRINERS HOSPITALS FOR CHILDREN Jun 15, 2017 $2,000.00 660157 29379 SIMPSON, JOE Jun 15, 2017 $120.00 660158 7096 SJVAPCD Jun 15, 2017 $395.90 660159 7096 SJVAPCD Jun 15, 2017 $428.00 660160 7509 SOCALGAS Jun 15, 2017 $38.24 660161 7508 SOUTHERN CALIFORNIA EDISON CO. Jun 15, 2017 $381.67 660162 10623 STATE BOARD OF EQUALIZATION Jun 15, 2017 $14,112.00 660163 10335 SULLIVAN, JACQUIE Jun 15, 2017 $45.00 660164 20413 TIRADO, ANGELA Jun 15, 2017 $131.18 660171 10428 UNITED REFRIGERATION INC Jun 15, 2017 $3,172.08 660172 8611 VAUGHN WATER CO., INC. Jun 15, 2017 $6,118.90 660173 20601 VERIZON WIRELESS Jun 15, 2017 $1,601.89 660174 20601 VERIZON WIRELESS Jun 15, 2017 $666.36 660175 20601 VERIZON WIRELESS Jun 15, 2017 $25.02 660176 20601 VERIZON WIRELESS Jun 15, 2017 $25.02 660177 8811 WATER ASSOCIATION OF KERN COON Jun 15, 2017 $500.00 S:\Accounting\KAROL\Admin - Council\2017\COUNCIL-ADMIN\ 06128117 CC AGENDA PACKET PG 74 6/16/7017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 18 FROM 5/76/7017t0//15/7017 Check Vendor momue, Number Vendor Name Check Date Check Amount 679801 30OO2 MEDICAL EYE SERVICE COMPANY Jun 8.2017 $5.098.69 679802 26810 REL|ASTAR LIFE INSURANCE CD Jun 8.2017 $3.671.78 679803 30027 USBANK PARS #6746022400 Jun 8.2017 $4.017.32 679804 30O2A UNITED CDNCDRD|A DENTAL PLANS DFCA Jun 8.2017 $46.876.18 679805 30020 UNUK8 Jun 8.2017 $5.251.02 9993784 30028 BLUE SHIELD DFCALIFORNIA May 2S.2017 $512.168.93 9993785 24821 DEPARTMENT DF THE TREASURY May 2S.2017 $1.174D0 9993786 30021 KA|SERPERK8ANENTE May 2S.2017 $193.139.96 9993787 30022 IRS /FDRF May 31.2017 $191D0 9993788 30025 STATE DISBURSEMENT UNIT Jun 1.2017 $18.229.04 9993789 11811 WELLS FARGDBANK Jun 1.2017 $64.331.23 9993790 101AABAKERSF|ELD CITY EMPLOYEE Jun 2.2017 $190.728D0 9993791 30O14 EMPLOYMENT DEVELOPMENT DEPT Jun 2.2017 $181.288.80 9993792 10217 |CK8A RETIREMENT TRUST-30374A Jun 2.2017 $53.854.68 9993793 30010 IRS Jun 2.2017 $588.436.32 9993794 16863 NATIONWIDE RETIREMENT SOLUTIONS Jun 2.2017 $101.982.86 9993795 20SAAVANTAGEPD|NT TRANSFER AGENTS {%D Jun 2.2017 $29.044D6 9993797 16703 BA MERCHANT SERVICES INC Jun 8.2017 $31.438.63 9993799 25603 BANK DFAMERICA Jun 8.2017 $233.224.52 9993800 1020S STATE DFCALIF PERS Jun 8.2017 $1.547.811D9 9993801 11811 WELLS FARGDBANK Jun 8.2017 $61.828.44 9993802 30028 BLUE SHIELD DFCALIFORNIA Jun A.2017 $509.989.49 9993803 24821 DEPARTMENT DF THE TREASURY Jun A.2017 $1.073.21 9993804 30021 KA|SERPERK8ANENTE Jun A.2017 $194.878.62 9993806 1S703BA MERCHANT SERVICES INC Jun 15.2017 $29.456.71 9993807 30025 STATE DISBURSEMENT UNIT Jun 15. 2017 $18.377.44 9993808 11811 WELLS FARGDBANK Jun 15.2017 $93.924.98 S:\Accounting\KAROL\Admin CounciK2017\COUNC|L-ADM|N\ 06128117 CC AGENDA PACKET PG 75 6/16/7017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE I FROM 5/76/7017t0//15/7017 s'poyoble Vendor Number Number Vendor Name s'poyoble Date s'poyobleAmoo,t 13451 57 ABATE AWEED Jun 1.2017 $54.53 13452 S3 ACE HYDRAULIC SALES &SERVICE Jun 1.2017 $2.080.13 13453 152 ALL AUTOMATIC TRANSMISSION SER Jun 1.2017 $463D2 13454 180 AMBER CHEMICAL INC Jun 1.2017 $4.540.44 13455 8530AK8ER|PR|DE UNIFORM SERVICES Jun 1.2017 $3.098.42 13456 576 B & B SURPLUS Jun 1. 2017 $2.799.76 13457 575 B C LABORATORIES Jun 1. 2017 $AOADO 13458 611 BS&E COMPANY INC Jun 1.2017 $4.062.95 13459 11S3 BLUEPRINT SERVICE CD Jun 1.2017 $1.02737 13460 1558 CALIFORNIA INDUSTRIAL RUBBER Jun 1.2017 $2.129.73 13461 20747 CENTRAL SANITARY SUPPLY INC Jun 1.2017 $582.29 13462 1723A CENTRAL VALLEY OCCUPATIONAL INC Jun 1.2017 $110D0 13463 2A CENTRAL VALLEY TRUCK CENTER Jun 1.2017 $3.657.17 13464 5147 COASTLINE EQUIPMENT Jun 1.2017 $200.92 13465 21S2 CONSOLIDATED ELECTRICAL D|GJINC Jun 1.2017 $3.64737 13466 13Al2 DIRECT SAFETY SOLUTIONS INC Jun 1.2017 $824.83 13467 2757 ELECTRIC MOTOR WORKS INC Jun 1.2017 $6.647D8 13468 14055 FAST UNDERCAR LLC Jun 1.2017 $2.830.57 13469 2874 FERGUSON ENTERPRISES INC Jun 1, 2017 $2,134.05 13470 13278 FS3|NC Jun 1.2017 $4.21039 13471 2173A GOLDEN EMPIRE TOWING INC Jun 1.2017 $3.135D0 13472 3570HAAKER EQUIPMENT COMPANY Jun 1.2017 $74138 13473 15SA4J|K8S TOWING INC Jun 1.2017 $1.005D0 13474 453 MUNICIPAL MAINTENANCE EQUIP INC Jun 1, 2017 $848.58 13475 6555 QUINN COMPANY INC Jun 1.2017 $556.86 13476 SA8 SAN JDAQU|NINTERIORS Jun 1.2017 $2.475D0 13477 1A584 SMITH & SON TIRE INC Jun 1.2017 $1.956.99 13478 1470O SOUTH COAST EMERGENCY VEHICLE SERV. Jun 1.2017 $3.305.42 13479 25504 STATEWIDE TRAFFIC SAFETY &SIGNS Jun 1.2017 $2.259.23 13480 7685 ST|NSDN STATIONERS Jun 1.2017 $4.308.75 13481 158S8 TEL TEC SECURITY SYSTEM INC Jun 1.2017 $55D0 13482 13S4S UNITED ROTARY BRUSH CORP Jun 1.2017 $3,731.05 13483 4171 JERRY&KBTHSINC Jun 2.2017 $5.544.98 13484 13AO JIM BURKEFORD Jun 2.2017 $1.083.23 13485 2481AAD WEAR & SPECIALTY DFTX Jun 8,2017 $3.939.57 13486 8530AK8ER|PR|DE UNIFORM SERVICES Jun 8,2017 $675.88 13487 57SB&BSURPLUS Jun 8,2017 $44938 13488 575 BC LABORATORIES Jun 8,2017 $34D0 13489 611 BS&E COMPANY INC Jun 8,2017 $383.76 13490 11S3 BLUEPRINT SERVICE CD Jun 8,2017 $458.43 13491 1723A CENTRAL VALLEY OCCUPATIONAL INC Jun 8,2017 $5.306.85 13492 2A CENTRAL VALLEY TRUCK CENTER Jun 8,2017 $3.738.16 13493 21S2 CONSOLIDATED ELECTRICAL D|GJINC Jun 8,2017 $3.095D8 13494 13Al2 DIRECT SAFETY SOLUTIONS INC Jun 8,2017 $54.04 13495 2581 DDDLEY ENTERPRISES INC Jun 8,2017 $45.045D0 13496 13088EJ WARD INCORPORATED Jun 8,2017 $219.45 13497 14055 FAST UNDERCAR LLC Jun 8,2017 $62737 13498 2874 FERGUSON ENTERPRISES INC Jun 8,2017 $581.74 13499 2173A GOLDEN EMPIRE TOWING INC Jun 8,2017 $435D0 13500 18263 HUB CONSTRUCTION SPECIALTIES INC Jun 8,2017 $10230 13501 13AO JIM BURKEFORD Jun 8,2017 $3.640.50 13502 2408S MAR-CO EQUIPMENT CORP Jun 8,2017 $366.77 S:\Accounting\KAROL\Admin CoundK2017\COUNC|L-ADK8|N\ 06128117 CC AGENDA PACKET PG 76 6/16/2017 CITY OF BAKERSFIELD - CHECK REGISTER PAGE 2 FROM 5/26/2017 to 6/15/2017 E- Payable Vendor E- Payable Number Number Vendor Name Date E- Payable Amount 13503 453 MUNICIPAL MAINTENANCE EQUIP INC Jun 8, 2017 $160.79 13504 6555 QUINN COMPANY INC Jun 8, 2017 $470.01 13505 7231 SEAL & PACKING SUPPLY CO Jun 8, 2017 $581.31 13506 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Jun 8, 2017 $2,013.64 13507 7670 STEWART ELECTRIC SUPPLY Jun 8, 2017 $1,693.82 13508 7685 STINSON STATIONERS Jun 8, 2017 $8,138.39 13509 7728 SULLY & SON HYDRAULICS INC Jun 8, 2017 $338.22 13510 57 ABATE A WEED Jun 15, 2017 $40.56 13511 63 ACE HYDRAULIC SALES & SERVICE Jun 15, 2017 $588.78 13512 27366 AMERICAN MESSAGING Jun 15, 2017 $194.39 13513 8530 AMERIPRIDE UNIFORM SERVICES Jun 15, 2017 $10,107.50 13514 576 B & B SURPLUS Jun 15, 2017 $1,042.21 13515 575 B C LABORATORIES Jun 15, 2017 $3,737.00 13516 611 B S & E COMPANY INC Jun 15, 2017 $6,436.49 13517 1037 BERCHTOLD EQUIPMENT CO Jun 15, 2017 $566.54 13518 1163 BLUEPRINT SERVICE CO Jun 15, 2017 $517.50 13519 18753 BRIDGEPORT TRUCK MANUFACTURING Jun 15, 2017 $2,229.42 13520 1765 CARNEYS BUSINESS TECHNOLOGY CTR INC Jun 15, 2017 $560.39 13521 20747 CENTRAL SANITARY SUPPLY INC Jun 15, 2017 $1,837.48 13522 17239 CENTRAL VALLEY OCCUPATIONAL INC Jun 15, 2017 $3,215.71 13523 29 CENTRAL VALLEY TRUCK CENTER Jun 15, 2017 $10,809.30 13524 21220 CLEAN ENERGY INC Jun 15, 2017 $22,158.93 13525 2162 CONSOLIDATED ELECTRICAL DIST INC Jun 15, 2017 $2,796.99 13526 13912 DIRECT SAFETY SOLUTIONS INC Jun 15, 2017 $2,067.13 13527 13088 E J WARD INCORPORATED Jun 15, 2017 $757.81 13528 2757 ELECTRIC MOTOR WORKS INC Jun 15, 2017 $1,472.62 13529 14055 FAST UNDERCAR LLC Jun 15, 2017 $5,212.23 13530 2874 FERGUSON ENTERPRISES INC Jun 15, 2017 $11,413.61 13531 21739 GOLDEN EMPIRE TOWING INC Jun 15, 2017 $695.00 13532 3570 HAAKER EQUIPMENT COMPANY Jun 15, 2017 $58.80 13533 15694 JIMS TOWING INC Jun 15, 2017 $1,645.00 13534 453 MUNICIPAL MAINTENANCE EQUIP INC Jun 15, 2017 $402.50 13535 6555 QUINN COMPANY INC Jun 15, 2017 $4,649.52 13536 21873 RM INDUSTRIES INC Jun 15, 2017 $2,637.53 13537 12665 SAN JOAQUIN FENCE & SUPPLY Jun 15, 2017 $8,064.50 13538 28661 SERVEXO PROTECTIVE SERVICES Jun 15, 2017 $10,167.33 13539 19584 SMITH & SON TIRE INC Jun 15, 2017 $5,427.11 13540 14700 SOUTH COAST EMERGENCY VEHICLE SERV. Jun 15, 2017 $3,086.00 13541 25504 STATEWIDE TRAFFIC SAFETY & SIGNS Jun 15, 2017 $4,281.18 13542 7670 STEWART ELECTRIC SUPPLY Jun 15, 2017 $363.93 13543 7685 STINSON STATIONERS Jun 15, 2017 $5,859.90 13544 15868 TEL TEC SECURITY SYSTEM INC Jun 15, 2017 $999.17 13545 13646 UNITED ROTARY BRUSH CORP Jun 15, 2017 $5,979.73 13546 9010 WILLIAMS CLEANING SYSTEMS INC Jun 15, 2017 $455.18 $302,100.92 $21,124,187.80 S: \Accounting \KAROL \Admin - Council \2017 \COUNCIL- ADMIN\ 06128117 CC AGENDA PACKET PG 77 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Consent - Ordinances c. TO: Honorable Mayor and City Council FROM: Art Chianello, Water Resources Manager DATE: 6/14/2017 111-11 V 03 SUBJECT: First Reading of an Ordinance amending Chapter 14.02 of the Bakersfield Municipal Code relating to Water Use Regulations. STAFF RECOMMENDATION: The Water Board recommends First Reading of the Ordinance. BACKGROUND: On January 17, 2014, the Governor of California proclaimed a State of Emergency due to severe drought conditions. On April 25, 2014, the Governor signed an Executive Order directing the State Water Resources Control Board (State Water Board) to adopt emergency regulations to ensure that urban water suppliers implement drought response plans to limit outdoor irrigation and other wasteful water practices. On July 15, 2014, the State Water Board approved an emergency regulation for urban water conservation that required urban water suppliers to implement the stage of its water shortage contingency plan that imposes restrictions on outdoor irrigation, which resulted in the City implementing Stage 3 of its Urban Water Management Plan. On March 17, 2015, the State Water Board determined that an emergency situation continued to exist due to severe drought conditions and that adoption of additional emergency regulations with specific prohibitions on water uses was necessary to promote water conservation and to maintain an adequate supply during the drought emergency. The emergency regulation approved by the State Water Board required urban water suppliers, that don't already impose a limit on the number of days that outdoor watering is allowed, to limit outdoor irrigation of turf and ornamental landscapes. At the Special Meeting of April 8, 2015, the City Water Board reviewed and recommended the City Council adopt an Emergency Ordinance to, among other thing, limit the number of days outdoor watering could occur within the City limits. On April 22, 2015, City Council passed Emergency Ordinance No. 4804 adding Chapter 14.02 to the Municipal Code relating to Regulations for Urban Water Conservation to Limit Irrigation of 06128117 CC AGENDA PACKET PG 78 Turf and Landscaping. This emergency ordinance required the following: • Restrict outside irrigation of ornamental landscapes or turf with potable water to a maximum of three days a week. • Even addresses were allowed to water: Sunday, Wednesday, and Friday only. • Odd addresses were allowed to water: Tuesday, Thursday, and Saturday only. • Outside irrigation was prohibited on Mondays. • Outside irrigation that caused water to flow onto adjacent property, non-irrigated areas, sidewalks, and/or gutters will be prohibited. • Outside irrigation will be advised to occur after 6:00 p.m. and prior to 9:00 a.m. to encourage optimal efficiency. • In addition to the above, commercial, industrial, and institutional properties was to immediately implement water efficiency measures to reduce potable water usage in an amount consistent with the reduction targets of the State Water Resources Control Board as amended from time to time. • Failure to comply with these regulations were to be punishable as an infraction or misdemeanor, in addition to any other available remedies allowed by law. • The ordinance took effect on April 23, 2015. On October 14, 2015, City Council passed Ordinance No. 4830, which amended Ordinance No. 4804 and allowed City staff to issue administrative citations to violators of the Ordinance. On April 7, 2017, Governor Brown lifted the Drought Emergency for the State, but retained the prohibitions on wasteful practices (i.e. irrigation water being applied onto sidewalks or paving, spraying down of hard surfaces, washing a car without a shut-off nozzle, etc.). In addition, the requirement to meet a monthly water conservation target was rescinded. The State Water Resources Control Board is working to develop plans to transition to a permanent framework for making water conservation a California way of life. In light of this new direction from the State, staff had recommended to the City Water Board at the June 14th meeting to remove the three day per week watering restriction and the prohibition on no watering on Mondays. It was noted that the City residents have done an outstanding job in conserving water and have exceeded the City's 9 percent water conservation target, with an actual average of 17 percent reduction in water use. The successful change in water use habits coupled with efforts to enhance water use efficiency is the preferred direction for long-term water use sustainability. This path is also consistent with the long-term vision of the State Water Board to make water conservation a way of life. The City still plans on enhancing its efforts in encouraging water conservation by offering free conservation kits, rebates on water efficient toilets and clothes washers, free water efficient sprinkler heads, and rebates on smart irrigation controllers. The City also continues to promote water conservation by being involved in radio campaigns with other water purveyors and educating the public via various opportunities. F-11 i all M I ��i 14 Ll k &_3 06128117 CC AGENDA PACKET PG 79 Description Type 14 02 Ol 0 Miter Use Regdadoins Ordnance 06128117 CC AGENDA PACKET PG 80 ORDINANCE NO. AN ORDINANCE OF AMENDING SECTION MUNICIPAL CODE REGULATIONS. THE CITY OF 14.02.010 OF THE RELATING TO BAKERSFIELD BAKERSFIELD WATER USE BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 14.02.010 of the Bakersfield Municipal Code is hereby amended to read as follows: 14.02.010 Outside irrigation restrictions. °�orJe� �nii +h nnn rvililroc� rv�i �niry +or r�r� Ti ioci-1rv�i TrhT iy 3 All irrigGtiGR is Prr-hihit(ad r_rA 44e_.P -A_y B. Outside irrigation in a manner that causes water to flow onto adjacent property, non - irrigated areas, sidewalks, and /or gutters is strictly prohibited. C. Outside irrigation is advised to be done after six p.m. and before nine a.m. for optimal efficiency. D. In addition to the above, commercial, industrial, and institutional properties, such as campuses, golf courses, and cemeteries, shall immediately implement water efficiency measures to reduce potable water usage in an -- Page 1 of 2 Pages -- 0612$117 CC AGENDA PACKET FCC 81 amount consistent with the reduction targets of the State Water Resources Control Board as amended from time to time. 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. - - - - - -- 00000-- - - - - -- 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: By: KAREN GOH, Mayor City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney VIRGINIA GENNARO City Attorney VG:dI1 S:\ COUNCIL \Ords \16 -17 \14.02.01 OWater Use Regs.Rdln.Docxx RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield -- Page 2 of 2 Pages -- 0612$117 CC AGENDA PACKET FCC 82 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Consent-Ordinances d. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: 6/16/2017 111-11 V 03 SUBJECT: First Reading of an Ordinance amending Chapter 2.60.030 of the Bakersfield Municipal Code relating to the appointment of members and alternates of the Bakersfield Youth Commission. STAFF RECOMMENDATION: Staff recommends First Reading of the proposed ordinance amendment. BACKGROUND: On July 21, 2016, Council approved an ordinance to establish the Bakersfield Youth Commission. The purpose of the Commission is to engage and empower local youth in having a voice on relevant issues pertaining to municipal policies, programs, and projects. The ordinance currently allows the Mayor (at-large) and Councilmembers (by ward) to each appoint a Commissioner and an Alternate. If a Commissioner or Alternate resigns, the Mayor or Councilmember may then appoint an eligible applicant to that particular position. On June 5, 2017, the Commission unanimously recommended that following the resignation of a Commissioner, the respective Alternate should automatically take his or her place. The Commission stated the recommendation helps ensure an efficient transition following the resignation of a Commissioner; reduces confusion for applicants during the recruitment process; and increases the morale of Alternates since they would be next "in waiting" until their respective Commissioners resign (generally, due to graduating high school and moving away for college). In addition, approval of the recommendation helps staff streamline the recruitment process. The proposed recommendation would require an amendment to the Bakersfield Municipal Code 2.60.030 (Appointment of Members and Alternates). The amended ordinance is attached for Council consideration. ATTACHMENTS: Description Type D 260030 Ordinance 06128117 CC AGENDA PACKET PG 83 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING SECTION 2.60.030 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE APPOINTMENT OF MEMBERS AND ALTERNATES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 2.60.030 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 2.60 Bakersfield Youth Commission 2.60.030 Appointment of members and alternates. The commission shall consist of eight members and eight alternates. A. Each city councilmember shall appoint two members to the commission; the mayor shall appoint two members from the city -at- large. One appointment will be the voting member and the second appointment will be the alternate member. B. Alternate members may only have voting rights in the event that the regular members are absent from a commission vote. 1. A majority shall constitute a quorum at any regular or special meeting of the commission. For this commission, a quorum is defined as five members. 2. Immediate family members of city councilmembers and mayor shall not be eligible for appointment. (Ord. 4833 § 1, 2016) Vf tlhe votina emler resians, tlhe alternate shall Ie a gointed into the 21W2n for th r ft W er of b ter 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. ------- 00000-- - - - - -- -- Page 1 of 2 Pages -- 0612$117 CC AGENDA PACKET FCC 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, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield By: KAREN GOH, Mayor City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney VIRIDIANA GALLARDO -KING Associate City Attorney -- Page 2 of 2 Pages -- 0612$117 CC AGENDA PACKET FCC 85 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Consent - Ordinances e. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 6/14/2016 111-11 N 03 SUBJECT: Adoption of an Ordinance adding Section 9.13.050 of the Bakersfield Municipal Code relating to Unregulated Chemicals. (FR 06107117) STAFF RECOMMENDATION: Staff recommends adoption of the ordinance. The ordinance had first reading on June 7, 2017. BACKGROUND: On June 22, 2015, the City of Bakersfield adopted Ordinance 4823, which enacted Chapter 9.13 of the BMC prohibiting unregulated chemicals (Spice). In April 2017, Kern County staff requested the City to consider incorporating by reference Section 9.44.090 (Modification, suspension or revocation of permit, license, or other grant of authority) of the Kern County Ordinance Code relating to Psychoactive Bath Salts, Psychoactive Herbal Incense (Spice), and Other Synthetic Drugs. Incorporating Section 9.44.090 of the County Code into our BMC by reference allows the County to modify, suspend, or revoke a permit, license or other grant of authority to any business in the City that requires a County Health Permit if that business violates the ordinance by selling or distributing unregulated chemicals. This would typically apply to convenience stores or smoke shops. Currently, both the City and County ordinances prohibit unregulated chemicals generally; therefore, no substantive changes are being made to Chapter 9.13 of the BMC. At the May 24, 2017, City Council meeting, Councilmember Parlier referred City staff to create this addition to Chapter 9.13 of the Bakersfield Municipal Code. The attached proposed ordinance is responsive. ATTACHMENTS: Description D Oir&naince/kdding Secdoin 9.'13 .050 Type Ordinance 06128117 CC AGENDA PACKET PG 86 ORDINANCE NO. ORDINANCE ADDING SECTION 9.13.050 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO UNREGULATED CHEMICALS BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 9.13.050 of the Bakersfield Municipal Code is hereby added to read as follows: Chapter 9.13 UNREGULATED CHEMICALS 9.13.010 Definitions. 9.13.020 Acts prohibited. 9.13.030 Penalties. 9.13.040 Severability. 9.13.050 Incorporation by reference. 9.13.050 Incorporation by reference. Section 9.44.090 of the Kern County Ordinance Code concerning psychoactive bath salts, psychoactive herbal incense and other synthetic drugs and all subsequent amendments or revisions thereto is hereby incorporated by this reference as if fully set forth herein verbatim. 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. -- Page 1 of 2 Pages -- 0612$117 CC AGENDA PACKET FCC 87 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, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING 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 RICHARD IGER Deputy City Attorney Rl:lsc S: \COUNCIL \Ords\ 16 -17 \9.13. 050. UnregChemicals.AdoptKC.Fnl.docx -- Page 2 of 2 Pages -- 0612$117 CC AGENDA PACKET FCC 88 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Consent -Ordinances f. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: 5/31/2017 111-11 V 03 SUBJECT: Adoption of the following Ordinances amending various sections of the Bakersfield Municipal Code: (FR 06107117) 1. Amending Section 2.72.120 relating to Appointments 2. Amending Section 2.84.020 relating to Salary Plan 3. Amending Section 2.84.150 relating to Acting Appointments, Temporary Assignments and Rates of Pay 4. Amending Section 2.84.160 relating to Salary Adjustments 5. Amending Section 2.84.210 relating to Overtime - Compensatory Time 6. Amending Section 2.84.220 relating to Overtime -Accumulation 7. Amending Section 2.84.500 relating to Sick Leave - Proof of I llness 8. Amending Section 2.84.620 relating to Leaves of Absence STAFF RECOMMENDATION: Staff recommends adoption of the proposed ordinance amendments. These amendments had first reading on June 7, 2017. BACKGROUND: Per the Bakersfield Municipal Code (2.72.090), the City Manager can establish rules of conduct and discipline as necessary through Administrative Rules and Regulations (AR&Rs). The AR&Rs supplement, but do not supersede, federal and state law, the City Charter, Bakersfield Municipal Code, and memoranda of understanding with bargaining units. The last comprehensive revision of the AR&Rs was completed on August 1, 1988. Although some sections are current, many of the AR&Rs are out of date due to changes in federal and state law; evolving technology; previous codification of policies in the municipal code; changes within memoranda of understanding with bargaining units; and information more appropriate to include within departmental policies and procedures. As a result, City staff conducted a comprehensive revision of the AR&Rs over the past 24 06128117 CC AGENDA PACKET PG 89 months. For many of the reasons stated, the AR&Rs were reduced from 93 to 34 policies. Furthermore, the language is now presented in a much more readable and streamlined format. City staff anticipates the 34 draft AR&Rs will become effective on July 1, 2017. As previously mentioned, numerous AR&Rs were redundant with existing policies and laws; therefore, City staff deleted AR&Rs that were superseded by these respective policies and laws. However, occasionally an AR&R consisted of pertinent information that did not exist elsewhere. In these cases, City staff recommended inserting these policies into the Bakersfield Municipal Code. Finally, City staff believes these code revisions will not result in any material changes that impact employees. ATTACHMENTS: Description D 272 '120 D :?'.84.020 D 284 150 D 284 160 D 284 210 D 284 220 D 284 500 D 284 620 Type Ordnance Ordnance Ordnance Ordnance Ordnance Ordnance Ordnance Ordnance 06128117 CC AGENDA PACKET PG 90 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING SECTION 2.72.120 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO APPOINTMENTS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 2.72.120 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 2.72 PERSONNEL POLICIES 2.72.120 Appointments. Appointments to vacant positions within the city service shall be made in accordance with the provision of the Charter of the city and the rules established by the miscellaneous, police, and fire civil service boards, employment within city services is within the following status: A. Acting. Appointment of a permanent employee to a different position for a temporary period of time more than two weeks, but not in excess of six months; B. Part -Time. Appointment to a permanent position for a seasonal or set -term position for a daily work period of less than the normal working day whether or not on a recurring basis; C. Permanent. Appointment to a position within city service after completion of probation period; D. Probationary. Appointment from a certified civil service list to a position for a test period to demonstrate fitness for appointment to a permanent position; E. Seasonal. Appointment to a position for a limited term or seasonal needs under temporary employee status; F. Temporary. Appointment for temporary services to a position within city service without examination or certification of a civil service board; temporary employment may not exceed one hundred twenty working days -- Page 1 of 3 Pages -- 0612$117 CC AGENDA PACKET FCC 91 within any one department in any period of one year. (Ord. 2589 § 2, 1980; prior code § 3.14.120) 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. - 00000-- - - - - -- -- Page 2 of 3 Pages -- 0612$117 CC AGENDA PACKET FCC 92 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: By: KAREN GOH, Mayor City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield -- Page 3 of 3 Pages -- 0612$117 CC AGENDA PACKET FCC 93 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING SECTION 2.84.020 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SALARY PLAN. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 2.84.020 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 2.84 Compensation 2.84.020 Salary plan. The general basis for allocating a salary range of pay to a class or position is to provide "equal pay" for "equal work." This applies to the relationship between jobs of comparable cities and those in the community, as well as to the internal relationships among city positions. A. Administration. The city manager shall administer the step salary plan and from time to time make recommendations to the council of the city on the allocation of salary range to classes or positions. The city council shall set the salary range for each class or position within the city service. B. Step Salary Plan. The step salary plan shall consist of a salary range for each class or position title as listed in the Schedule of Salaries and Related Benefits adopted by resolution of the city council. Each class or position salary shall include a salary range with five steps of rates of pay. The five steps within a class or position salary range shall be administered in the following way: 1. Step One —First Step. The first step of each range is the beginning salary level and is the standard hiring rate for a class or position. 2. Step Two — Second Step. Employees shall be advanced to step two after six months of satisfactory service in step one and after advancement is recommended by the department head and approved by the city manager. 3. Step Three —Third Step. Employees may be advanced to step three of the salary range allocated to their class or position after a minimum time of one year of satisfactory work has been spent in step two, and after a -- Page 1 of 4 Pages -- 0612$117 CC AGENDA PACKET FCC 9 recommendation has been made by the department head and approved by the city manager. 4. Step Four — Merit. This step is reserved for employees who are considered to be fully qualified in their class and who maintain a consistent satisfactory standard of work performance. An employee may be advanced to step four after a minimum of one year's service in step three, upon the recommendation of the department head with the approval of the city manager. An employee advanced to step four of the pay range shall retain such status so long as job performance remains at the level required to attain this step. 5. Step Five — Merit. This step is to be considered a further and final step for employees who attain and maintain a thoroughly satisfactory standard of work performance. An employee may be advanced to step five after a minimum of one year's service in step four, upon recommendation of the department head with the approval of the city manager. An employee advanced to step five of the pay range shall retain such status as long as job performance remains at the level required to attain this step. 6. Y- rating— Positions Abolished. Employees who have had their position abolished and who are reallocated in city service in a different classification are considered to by Y- rated. Employees in step Y shall continue receiving the same rate of compensation until the rate of compensation of their new positions equals or exceeds their Y -rated salary or until the employee is appointed to a higher paying position, whichever shall occur first. The Y -rate shall not be applicable to layoffs. C. Step Increases. No step increase shall be considered automatic or subject to increase by reason of time -in- service. All increases shall be based upon increased service value of the employee performance records, and must be recommended by the department head and approved by the city manager. Withholding recommendation for advancement to merit steps four and five shall not be considered a disciplinary action. All recommendations for salary step increases shall be submitted to the city manager for approval thirty calendar days before the effective date. Upon submission of satisfactory evidence and recommendation of the department head and the qualifications of the employee warrant, the city manager may authorize employment to any step. In computing length of service for step advancement purposes, service begins accruing from date of appointment to the position. If an employee is absent for more than twenty working days or twelve working shifts in a twelve month period, exclusive of vacation, a step increase shall be deferred for a period of time equal to the total time absent. (Prior code § 3.18.020) -- Page 2 of 4 Pages -- 0612$117 CC AGENDA PACKET FCC 95 D. Merit Step Deferral. When an employee no longer meets the standards set for a merit step, the department head may recommend deferring a merit step increase. Such recommendation shall be made upon an Employee Performance Evaluation Form with a copy furnished to the employee of proposed deferral. If and when the employee's performance has improved to the point that a merit step increase is justified, the department head shall initiate and forward Personnel Action Form to the human resources manager for approval. E. Merit Step Reduction. When an employee no longer meets the standards set for a merit step, the department head may recommend withdrawal of the merit step increase. Such recommendation shall be made upon the Employee Performance Evaluation Form with a copy furnished to the employee sixty calendar days prior to the effective date of proposed reduction. Reevaluation of the withdrawal recommendation on an Employee Evaluation Form with a copy furnished to the employee shall be made by the department head thirty calendar days prior to the effective date of action. If the withdrawal recommendation is maintained and approved by the city manager, the employee shall be reduced by one merit step. Employees no longer meeting standards established may be reduced for all merit steps following the above procedure. Any employee reduced from a merit step shall again be eligible for advancement six months after effective date of reduction. 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. - 00000-- - - - - -- -- Page 3 of 4 Pages -- 0612$117 CC AGENDA PACKET FCC 9 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: By: KAREN GOH, Mayor City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield -- Page 4 of 4 Pages -- 0612$117 CC AGENDA PACKET FCC 97 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING SECTION 2.84.150 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ACTING APPOINTMENTS, TEMPORARY ASSIGNMENTS AND RATES OF PAY. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 2.84.150 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 2.84 Compensation 2.84.150 Acting appointments, temporary assignments and rates of pay. A. Acting Appointments of Permanent Employees and Rates of Pay. Department heads, with the approval of the city manager, may assign the duties and responsibilities of a vacant position to a permanent employee for a period of time more than two weeks, but not in excess of six months. 1. Such appointments in excess of six months may be made with the approval of the appropriate civil service board. The compensation shall be within the salary range of the class so assigned. 2. The city manager may approve a salary increase for a management employee up to a maximum of five percent for a period not to exceed one year in those instances when the employee is at level five and temporarily assumes significantly more responsibility in the same job classification. B. Temporary Assignments. Permanent employees may be assigned to perform the duties of a higher classification. Such assignment shall result in not more than a five percent salary increase per grade temporarily assigned above permanent assignment. 1. An employee who is on vacation or leave of absence that provides for a salary while serving in a temporary assignment shall be compensated at his or her regular rate of pay and not the temporary assignment rate. An employee serving in a temporary assignment who seeks payment for compensatory time earned or sick leave conversion pay shall be compensated at the regular rate of pay and not the temporary assignment rate. -- Page 1 of 3 Pages -- 0612$117 CC AGENDA PACKET FCC 98 C. Lead Assignment — General Employees —Blue Collar and White Collar. When any general employee, blue collar or white collar, is assigned to lead a crew of three or more members who are assigned to the same salary grade as the leader, the leader shall receive a salary adjustment of five percent increase during the period of the lead assignment. 1. Lead Responsibilities. When an employee in the classification of light equipment operator, heavy equipment operator, tree maintainer II, sewer maintainer, maintenance craft worker I, maintenance craft worker II or scrap rig operator is assigned to lead responsibilities for the majority of a shift to a project, truck or job, he or she shall receive a salary adjustment increase of five percent during the period of such assignment. D. Assignment to Higher Classification —Fire Department Employees. Any eligible fire department employee who is assigned duties of a higher classification shall be paid the wage rate of the higher classification for all the time he or she performed such duties, if assigned to such duty for more than twelve continuous hours, in accordance with the administrative rules and regulations. (Ord. 3118 § 1, 1987; Ord. 2782 § 5, 1982; Ord. 2655 §§ 1 -3, 1981; Ord. 2567 § 1, 1980; prior code § 3.18.1 10) 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. - 00000-- - - - - -- -- Page 2 of 3 Pages -- 0612$117 CC AGENDA PACKET FCC 99 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: By: KAREN GOH, Mayor City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield -- Page 3 of 3 Pages -- 0612$117 CC AGENDA PACKET FCC 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING SECTION 2.84.160 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SALARY ADJUSTMENTS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 2.84.160 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 2.84 COMPENSATION 2.84.160 Salary adjustments. A. Effective Date. Step salary increases shall take effect immediately following qualification of such advancement. B. Increment Date. Increment dates for permanent employees of the city shall be the last date of step salary increase. When an employee is promoted or demoted to another position, the increment date shall be the effective date of such transaction. When a class or position is allocated a new salary range, employees holding such class or position shall have their existing salary adjusted to the same step within the new salary range, and such adjustment shall not alter the increment date of the employee. (Prior code § 3.18.130) 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. - 00000-- - - - - -- -- Page 1 of 2 Pages -- 0612$117 CC AGENDA PACKET FCC 101 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: By: KAREN GOH, Mayor City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield -- Page 2 of 2 Pages -- 0612$117 CC AGENDA PACKET FCC 102 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING SECTION 2.84.210 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO OVERTIME - COMPENSATORY TIME. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 2.84.210 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 2.84 Compensation 2.84.210 Overtime — Compensatory time. A. Eligible employees designated by the letters "A" or "B" may be credited with compensatory time off at one and one -half times the hours of authorized overtime worked in excess of the established work period in lieu of payment therefor under subsection A of Section 2.84.200. B. Eligible employees designated by the letter "C" may be credited with compensatory time off at the regular straight -time rate for authorized overtime worked in excess of the established work period in lieu of payment therefor under subsection B of Section 2.84.200. Police supervisory employees may be credited with compensatory time off at one and one -half times the hours of authorized overtime worked in excess of the established work period. (Prior code § 3.18.140(d)) C. Eligible employees current rate of pay shall be used as a conversion factor if necessary to convert compensatory time into overtime pay. 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. - 00000-- - - - - -- -- Page 1 of 2 Pages -- 0612$117 CC AGENDA PACKET FCC 103 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: By: KAREN GOH, Mayor City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield -- Page 2 of 2 Pages -- 0612$117 CC AGENDA PACKET FCC 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING SECTION 2.84.220 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO OVERTIME - ACCUMULATION. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 2.84.220 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 2.84 Compensation 2.84.220 Overtime— Accumulation. A. Generally. Eligible employees designated by the letters "A," "B" or "C" preceding each class title in the salary schedule, as adopted by resolution of the city council, may accumulate overtime as compensatory time. Such compensatory time shall not exceed sixty hours, unless approved by the city manager prior to the accumulation. B. Fire Department. Overtime accumulated as compensatory time for eligible employees of the fire department assigned to a twenty- four -hour duty shift shall be converted to a fraction of a shift. Such employees may accumulate compensatory time up to, but not exceeding, a credit for four twenty- four -hour duty shifts. All other eligible employees of the fire department may accumulate compensatory time up to, but not exceeding, a credit of sixty hours. Such compensatory time shall not exceed sixty hours, unless approved by the city manager prior to the accumulation. C. Promotion. Eligible employees receiving a promotion to a class or position with a higher designated salary range shall first be compensated with time off or equivalent pay for all authorized overtime accumulated. (Ord. 2782 § 7, 1982; Ord. 2567 § 2, 1980; prior code § 3.18.140(e)) 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. - 00000-- - - - - -- -- Page 1 of 2 Pages -- 0612$117 CC AGENDA PACKET FCC 105 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: By: KAREN GOH, Mayor City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield -- Page 2 of 2 Pages -- 0612$117 CC AGENDA PACKET FCC 106 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING SECTION 2.84.500 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO SICK LEAVE - PROOF OF ILLNESS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 2.84.500 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 2.84 COMPENSATION 2.84.500 Sick leave - Proof of illness. A. In order to receive compensation while absent on sick leave, the employee shall notify his or her immediate supervisor prior to the beginning of his or her daily duties as soon as possible. B. An employee who is on sick leave for three working days or more may be required to obtain a written doctor's work release, which shall be presented to the employee's supervisor upon return to work. C. The employee may be required to be examined by the city physician, a registered nurse employed by the city, or file a physician's certificate stating the cause of absence upon request of the department head. D. Refusal to comply as required in this chapter shall constitute a sufficient cause for waiver of sick leave, suspension, demotion or dismissal of the employee from city service. (Prior code § 3.18.200(b)) 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. - 00000-- - - - - -- -- Page 1 of 2 Pages -- 0612$117 CC AGENDA PACKET FCC 107 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: By: KAREN GOH, Mayor City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield -- Page 2 of 2 Pages -- 0612$117 CC AGENDA PACKET FCC 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING SECTION 2.84.620 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO LEAVES OF ABSENCE. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 2.84.620 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 2.84 COMPENSATION 2.84.620 Leaves of absence. A. Leave of Absence Without Pay. Leaves of absence without pay, up to a period of one hundred eighty calendar days, providing that all accrued vacation and compensatory time have been exhausted, may be granted to an employee upon the recommendation of the department head with the approval of the city manager. No leave of absence shall be granted to allow an employee to accept other employment on a trial basis. Leaves of absence for a period of time longer than one hundred eighty calendar days must be recommended by the department head and approved by the city manager. Employees on authorized leave of absence without pay shall not accrue vacation, holiday or sick leave benefits during such leave. Employees on such leaves for a full biweekly pay period shall pay for their own health plan insurance. B. Unauthorized Leave of Absence. Unauthorized leave of absence shall be considered to be without pay and reductions in the employees pay shall be made accordingly. Unauthorized leave of absence for more than two consecutive working days shall result in automatic termination of employment unless the employee can demonstrate that such absence was due to circumstances beyond his control. C. Military Leave of Absence. Military leave shall be granted in accordance with the provisions of state and federal laws. All employees entitled to military leave shall give the department concerned an opportunity, within the limits of military regulations, to determine when such leave shall be taken. D. Leaves of Absence With Pay— Designated Personnel. Employees designated by the letters "C" or "D" preceding each class title in the Schedule -- Page 1 of 5 Pages -- 0612$117 CC AGENDA PACKET FCC 109 of Salaries and Related Benefits as adopted by resolution of the city council may be granted administrative leave of absence with pay by the department head with the approval of the city manager. E. Jury Duty —Leave of Absence. Employees required to report for jury duty on a scheduled workday shall be granted a leave of absence from their assigned duties until release by the court. Employees released from jury duty must report for work when practical as determined by his or her supervisor. F. Maternity —Leave of Absence. Any employee disabled due to pregnancy, childbirth or related medical conditions may use disability (where available), accrued sick leave, accrued vacation, other accrued leave (where available) or unpaid medical leave of absence for the period during which such disability exists, not to exceed six months, except as approved by the city manager upon recommendation of the department head. An employee requesting maternity leave must provide thirty days notice, unless the related medical condition is unforeseeable, to the department head, as well as the estimated duration of the maternity leave. G. Family Care —Leave of Absence. Accrued vacation, other accrued leave (where available), or unpaid leave of absence not to exceed twelve weeks in any twelve month period shall be granted to an employee who has accrued more than one year of continuous service with the city and has worked at least one thousand two hundred fifty hours within the previous twelve -month period for the following purposes: 1. The birth, adoption or serious illness of a child, including the placement of a child in foster care. An employee seeking to take a leave for the birth of a child or placement of a child in adoption or foster care must take the leave during the twelve -month period immediately following the birth or placement. 2. The serious illness of a spouse, child or parent. 3. The employees own serious illness. a. Leave provided for in this subsection may be taken in one or more periods, but shall not exceed a total of twelve weeks within a twelve -month period from the date the leave commenced. b. Leave is available only for an illness which involves either in- patient care or continuing treatment by a health care provider. Covered conditions include any serious or chronic health condition involving continuing treatment by a health care provider and causing more than three days absence from -- Page 2 of 5 Pages -- 0612$117 CC AGENDA PACKET FAG 11 work, school or other regular daily activity or which, if left untreated, would result in such absence. C. "Continuing treatment by a health care provider" is defined as two or more treatments by such provider, or one treatment followed by a regimen of continuing treatments, such as physical therapy. This includes being supervised by a health care provider, without necessarily being actively treated, due to a serious long -term or chronic condition or disability which cannot be cured. d. Medical verification for the leave period requested is required for the employee or ill family member. e. Employees are required to give at least thirty days written notice in the event of a foreseeable leave. In unexpected or unforeseeable situations, an employee should provide as much written notice as is practicable. f. In granting a leave of absence pursuant to the Family and Medical Leave Act of 1993 (FMLA) the city requires employees to utilize all accrued vacation and other accrued leave (where available) during the twelve weeks of leave. In granting a leave of absence pursuant to the California Family Rights Act (FRA), the city requires employees to utilize all accrued vacation and other accrued leave (where available) during the twelve weeks of leave for the employees own serious health condition. However, the city and the employee may mutually agree to the use of accumulated leave in the instance of leave under FRA for the birth, adoption or foster care of a child, or to care for a child, parent or spouse with a serious health condition. The balance of the twelve - week period shall be an unpaid leave of absence. g. Employees retain "employee" status while on family care leave. The leave does not constitute a break in service for purposes of longevity, and /or seniority. However, an employee on unpaid family care leave does not continue to accrue vacation leave, sick leave or any form of leave based upon hours worked. h. Pregnancy disability leave is provided for in subsection F. i. Employee health benefits shall be maintained under the same conditions as coverage would have been provided if the employee had been continuously employed during the leave period. Employees utilizing all accrued vacation and other accrued leave (where available) during the twelve weeks of leave shall continue to pay their employee contributions for health benefits. Employer may recover its premium if employee fails to return from leave for reasons other than serious health condition or other circumstances beyond employees control. -- Page 3 of 5 Pages -- 0612$117 CC AGENDA PACKET FCC 111 j. Any other conditions or interpretations of this leave shall be based upon the Federal Family and Medical Leave Act and California Family Rights Act. k. All leaves of absence without pay not covered by this subsection shall be requested pursuant to subsection A. H. Community Service —Leave of Absence. Leave of absence with pay, not to exceed one full working day in any twelve -month period, may be granted an employee upon the recommendation of the department head and the approval of the city manager if such leave is determined to provide a community service and is in the best interests of the city. (Ord. 4154 § 1, 2003; Ord. 3690 § 1, 1995; Ord. 3426 § 2, 3, 1991; Ord. 3037 § 1, 1986; Ord. 2567 § 5, 1980; prior code § 3.18.220) 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. - 00000-- - - - - -- -- Page 4 of 5 Pages -- 0612$117 CC AGENDA PACKET FCC 112 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: By: KAREN GOH, Mayor City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield -- Page 5 of 5 Pages -- 0612$117 CC AGENDA PACKET FCC 113 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Consent - Ordinances g. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 6/14/2017 111-11 N 03 SUBJECT: Adoption of the following Ordinances amending various sections of the Bakersfield Municipal Code: (FR 06107117) 1. Amending Section 1.34.010 relating to Appeals to the City Manager 2. Amending Section 12.30.060 relating to Wireless Telecommunication Facilities in the Public Right-of-Way 3. Amending Section 15.72.120 relating to Historic Designation 4. Amending Section 15.78.010 relating to MBHCP Mitigation Program Definitions 5. Amending Section 15.78.090 relating to MBHCP Violations 6. Amending Section 17.08.210 relating to Approval of Development Entitlement Conditioned on Indemnification of City 7. Amending Sections 17.16.026 and 17.18.026 relating to Solid Masonry Walls 8. Amending Section 17.25.020 relating to Central Business Zone Uses 9. Amending Section 17.28.030 relating to Light Manufacturing Zone Uses 10. Amending Section 17.64.060 relating to CUP Appeal Hearings STAFF RECOMMENDATION: Staff recommends adoption of the proposed ordinance amendments. BACKGROUND: Periodically, various Departments throughout the City request minor changes to the Bakersfield Municipal Code. Generally, the changes are being sought to make a section read better or to reflect current practice or correct typographical errors, or to comply with new rules and regulations. The following is a list of ordinance changes that are being recommended by staff: 06128117 CC AGENDA PACKET PG 114 1. BIVIC Section 1.34.010. This section concerns administrative appeal hearings. The proposed change eliminates the requirement to set hearings before the city manager within forty five days and instead substitutes a reasonable time after the request for appeal to allow more flexibility in scheduling appeal hearings. 2. BIVIC Section 12.30.060. This section concerns wireless telecommunication facilities. The proposed change increases the size allowed for an administrative approval by the Public Works Director from three cubic feet to four cubic feet to be consistent with City Council's intent that equipment be placed on existing poles instead of on new poles. 3. BIVIC Section 15.72.120. This section concerns Council actions on historic designations. The proposed change refigures the section to clarify the difference between designations of historic district versus cultural resource properties and to eliminate the minimum time that Council has to designate a cultural resource. 4. BIVIC Section 15.78.010. This section concerns Metropolitan Bakersfield Habitat Conservation Plan mitigation program definitions. The proposed change adds a definition to "incidental take permit" and revises the definition of "urban development" to be consistent with the MBHCR 5. BIVIC Section 15.78.090. This section concerns violations of the MBHCR The proposed change clarifies that it is a violation on a property subject to Habitat Mitigation Fee to grade or commence urban development without receiving final grading plan approval, and provides that in addition to the department head, a designee may act as an administrative hearing officer for hearings on violations of the MBHCP Mitigation Program. 6. BIVIC section 17.08.210. This section concerns approval of development entitlements. The proposed change is to notify the applicant as early as possible that as part of the application, the agreement to indemnify the City is also required at the time of application, instead of later in the process where indemnification is provided as a condition of approval. 7. BIVIC Sections 17.16.026 and 17.18.026. This section concerns masonry walls in multiple- family dwelling zones. The proposed changes add the requirement for solid masonry walls when multi-family residential development is adjacent to single-family development, a practice that is currently being implemented. 8. BIVIC Section 17.25.020. This section concerns uses permitted in Central Business Zones. The proposed change deletes "cabaret" from uses permitted in a Central Business Zone because cabarets are subject to business regulations and not zoning. 9. BIVIC Section 17.28.030. This section concerns uses permitted only by conditional use permit in Light Manufacturing Zones. The proposed change clarifies that livestock slaughtering and processing is required to be wholly within a building. 10. BIVIC Section 17.64.060. This section concerns appeal hearings of decisions regarding waiver or modification of conditional use permits. The proposed change eliminates the requirement to set the public hearing before the City Council within thirty days and instead substitutes a reasonable time after the appeal is filed to allow more flexibility in scheduling 06128117 CC AGENDA PACKET PG 115 appeal hearings. ATTACHMENTS: Description D Oir6naince Arnein&ng Secdon'l 34 010 D Oir6naince Arnein&ng Secdon'l 2 30 060 D Oir6naince/kirnein6ing Secdon,15 72,120 D Oir6naince/kirnein6ing Secdon,15 78 0,10 D Oir6naince Arnein&ng Secdon'l 5 78 090 D Oir6naince Arnein&ng Secdon'l 7 '.08 .210 D Oir6naince/kirnein6ing Secdons,17 16 .026 & '17 1 8 026 D Oir6naince/kirnein6ing Se0.pdon,17 25 020 D Oir6naince/kirnein6ing Se4Pdon,17 28 030 D Oir6naince/kirnein6ing Se0.pdon,17 64 060 Type Ordnance Ordnance Ordnance Ordnance Ordnance Ordnance Ordnance Ordnance Ordnance Ordnance 06128117 CC AGENDA PACKET PG 116 ORDINANCE NO. ORDINANCE AMENDING SECTION 1.34.010 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO ADMINISTRATIVE APPEALS BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 1.34.010 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 1.34 ADMINISTRATIVE APPEALS 1.24.010 Appeals to the city manager. A. Whenever this code provides for an appeal to the city manager, the matter may be heard by the city manager or his or her designee. B. Unless otherwise provided, all appeals to the city manager in this code shall be made within ten days of giving notice of the underlying decision and shall be heard by the city manager within a reasonable time of the request for an appeal hearing. 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---- - - - - -- -- Page 1 of 2 Pages -- 0612$117 CC AGENDA PACKET FCC 117 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: By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney Rl:lsc S: \COUNCIL \Ords\ 16 -17\ 1.34.010.AdminAppeals.Fnl.docx RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield -- Page 2 of 2 Pages -- 0612$117 CC ACEN A PACKET FCC 118 ORDINANCE NO. ORDINANCE AMENDING SECTION 12.30.060 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO WIRELESS TELECOMMUNICATION FACILITIES IN THE PUBLIC RIGHT - OF -WAY BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 12.30.060 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 12.30 WIRELESS TELECOMMUNICATION FACILITIES IN THE PUBLIC RIGHT - OF -WAY 12.30.060 Permit - Approval - Director. After making the findings required in this chapter, the director may approve a permit for the following installations of facilities within the public right - of -way without the need for approval by the board of zoning adjustment: A. Shrouded and camouflaged facilities collocated on an existing pole, i.e., streetlight or utility pole, which are collectively less than four cubic feet in dimension, inclusive of antennas, and designed in accordance with criteria established by the director; or B. New poles on collectors and arterial roadways, as designated in the circulation element of the general plan, that are less than thirty -five feet tall, inclusive of all facilities, and designed in accordance with criteria established by the director and otherwise satisfying the requirements of this chapter; provided, however, that the applicant must first post notice, as required by the director, at the proposed location of the new pole to allow the public an opportunity to protest the proposed location and aesthetics of the pole. If protests are received by the city, the application will be referred to the board of zoning adjustment for consideration as provided in this chapter. 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---- - - - - -- -- Page 1 of 2 Pages -- 0612$117 CC AGENDA PACKET FCC 119 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, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING 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 ANDREW HEGLUND Deputy City Attorney AH:Isc S:\COUNC I L \Ords\ 16 -17\ 12.30.060 W irelessFacilitiesPermit .Fnl.docx -- Page 2 of 2 Pages -- 0612$117 CC AGENDA PACKET FCC 12 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING SECTION 15.72.120 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO COUNCIL ACTION REGARDING HISTORIC DESIGNATION. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 15.72.120 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 15.72 HISTORICAL PRESERVATION 15.72.120 Council action. A. The council shall approve or disapprove by resolution, in accordance with its normal procedure, any designation of property as a cultural resource or historic district. The action of the council shall be final. Upon such designation, the property shall be added to the Bakersfield Register of Historic Places. 1. Historic District. The council shall, not less than sixty days after the commission's recommendation, hold a noticed public hearing for the proposed designation of property as a historic district. Notice shall be published and mailed as required in Section 15.72.090. 2. Cultural Resource. The council shall, after the commission's recommendation, approve or disapprove, in accordance with subsection A of this section, the designation of property as a cultural resource. None of the notice provisions of subsection 1 of this section shall apply to council action with respect to approval or disapproval of property as a cultural resource. B. Notwithstanding subsection A, no council action is necessary for the designation of an area of historic interest. 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. - 00000-- - - - - -- -- Page 1 of 2 Pages -- 0612$117 CC AGENDA PACKET FCC 121 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, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield By: KAREN GOH, Mayor City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA R. RUDNICK Deputy City Attorney JHR:Isc S:\COUNC I L \Ords\ 16 -17\ 15.72.120.CouncilAction -H istD ist. Fnl.docx -- Page 2 of 2 Pages -- 0612$117 CC AGENDA PACKET FCC 122 ORDINANCE NO. ORDINANCE AMENDING SECTION 15.78.010 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO METROPOLITAN BAKERSFIELD HABITAT CONSERVATION PLAN MITIGATION PROGRAM DEFINITIONS BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 15.78.010 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 15.78 METROPOLITAN BAKERSFIELD HABITAT CONSERVATION PLAN (MBHCP) MITIGATION PROGRAM 15.78.010 Definitions. As used in this chapter, the following words and phrases are defined as follows: A. "Accessory building" or "accessory structure" means a building or structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use. B. "Fee assessment area" means the land within the Metropolitan Bakersfield Habitat Conservation Plan study area boundary. C. "Grading" means any excavation or filling or combination, including rough grading thereof as described in the most currently adopted California Building Code adopted as Bakersfield Municipal Code Chapter 15, Buildings and Construction Code. Grading is differentiated from seasonal superficial weed control activities. D. "Habitat conservation plan (HCP)" means a plan prepared pursuant to the provisions of 16 U.S.C. Section 1539. E. "Habitat management lands" means a parcel of land or an aggregation of parcels of land protected from future urban development or other disturbance, and managed as a unit `for the conservation and protection of species covered by the MBHCP. -- Page 1 of 4 Pages -- 0612$117 CC AGENDA PACKET FAG 123 F. "Habitat mitigation fee (H.M.F.)" means fees established by uncodified ordinance to be paid by urban development permittees to fund the implementation trust activities including, but not limited to, the cost of land acquisition, land endowment, habitat management land improvement, public facilities mitigation, and administration of the HCP program. G. "Implementation trust" means that body established pursuant to a joint powers agreement (JPA) between the city and the county for the purpose of carrying out the provisions of the MBHCP. H. "Incidental take permit" means the California Endangered Species Act incidental take permit (ITP) issued by the California Department of Fish and Wildlife pursuant to Fish and Game Code section 2081, subdivisions (b) and (c), and California Code of Regulations, Title 14, sections 783 et seq. I. "Known den" means a verified den site reflecting a documented history of use, either from actual observations of kit fox or from recent evidence of use, and plotted on a map maintained by the implementation trust. J. "Natural land" means undeveloped land which has not been significantly altered by human activity. Natural land generally includes open brush land /woodland, dense brushland /woodland, scrubland, riparian areas, wetlands, ephemeral flooded land, bare ground, sand dunes, rock outcroppings, grasslands, grasslands subject to grazing, and non -crop agricultural land which has retained natural contours or has reverted back to natural vegetation. Natural land does not include former agricultural land which has been leveled or graded to facilitate irrigation or production activities, and land which has been out of production for less than five consecutive years. K. "Oilfield development" means application and development for the purpose of petroleum extraction or enhancement of petroleum extraction. L. "Open land" includes natural land and land which has been significantly altered by agricultural or industrial use, but which has not been substantially developed for urban uses. M. "2081 permit" means a permit issued under the California Endangered Species Act (Fish and Game Code Sections 2050 - 2098). N. "Undeveloped" means land not previously occupied by a building or used for a purpose subject to H.M.F. or land for which a permit was not issued prior to the effective date of the ordinance codified in this chapter. O. "Urban development" means a change in land use from open land to any other land use for which a permit such as a grading permit, grading plan approval, building permit or use permit is required from the city, including, but -- Page 2 of 4 Pages -- 0612$117 CC AGENDA PACKET FCC 12 not limited to, covered activities listed in the ITP. Activities not included are also listed in the ITP. P. "Urban development permit" means issuance of a building permit by the city for a project that would result in urban development as defined in the implementation agreement for 10a(1)(B) and 2081 permits. Where a project would ultimately result in urban development, the term urban development permit also means issuance of a use permit or grading plan approval, or approval of activities undertaken by a public agency, including, but not limited to, public works construction and related activities, if applicable, by the city. Q. "Urban development permittee" means landowners and other private parties that are grading, building, or conducting other development activities within the permit area as approved by the city. 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. -- Page 3 of 4 Pages -- 0612$117 CC AGENDA PACKET FCC 125 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: By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney Rl:lsc S:\COUNC I L \Ords\ 16 -17\ 15.78.01 OMBH CPdefs.Fnl.docx RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield -- Page 4 of 4 Pages -- 0612$117 CC AGENDA PACKET FCC 126 ORDINANCE NO. ORDINANCE AMENDING SECTION 15.78.090 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO VIOLATIONS OF THE METROPOLITAN BAKERSFIELD HABITAT CONSERVATION PLAN BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 15.78.090 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 15.78 METROPOLITAN BAKERSFIELD HABITAT CONSERVATION PLAN (MBHCP) MITIGATION PROGRAM 15.78.090 Violation /penalty. A. Violation Defined. It is a violation of this chapter to commence grading or urban development on a property subject to the H.M.F. and process without receiving final grading plan approval from the city of Bakersfield. B. Violator Defined. Violator means the property owner and, if the city can locate them, any person(s), company, companies, entity or entities (i.e., grading company, engineer, contractor, developer) that is responsible for and /or physically carrying out the act of grading on the site. C. Hearing Process. Upon discovery of an alleged violation, the city shall issue a stop work order on the entire project in question. The stop work order will be effective immediately and the department head /director designated by the city manager shall hold a hearing at the time and place designated in the stop work order, no sooner than ten days and no later than thirty days from the date of the stop work order, and shall receive all evidence presented on the issues of whether a violation had taken place and the severity of the violation. The city shall cause to be mailed by registered or certified mail, postage prepaid, return receipt requested, with proof of service, a copy of the stop work order to the owner of real property on which the violation exists. 1. The department head or their designee shall act in the capacity of administrative hearing officers ( "hearing officer(s)" hereafter) and shall have the authority to receive all relevant evidence, swear witnesses, question witnesses, demand the production of documents and witnesses, and otherwise do all -- Page 1 of 4 Pages -- 0612$117 CC AGENDA PACKET FCC 127 things necessary and proper to reach an informed decision upon the existence of a violation and the severity of such if appropriate. All testimony shall be taken under oath or affirmation or by sworn affidavit or declaration executed under penalty of perjury. The hearing officer(s) may consider all other issues relevant and reasonably necessary to reach the ultimate issues of the existence of a violation and the severity of such if appropriate. 2. The burden shall be upon the city to show the existence of any and all violations as noticed, and the severity of such if appropriate, by a preponderance of the evidence presented at the hearing. Only relevant evidence properly produced at the hearing may be considered by the hearing officer(s) in reaching a decision. 3. The hearing officer(s) shall cause the hearing to be tape recorded. Transcripts may be created at the expense of the person requesting the transcript. D. Order after Hearing. 1. After the conclusion of the hearing, the hearing officer(s) shall render a decision within five working days on the existence of a violation and what penalties shall ensue. If a violation is found not to exist, the hearing officer(s) shall so notify in writing all persons who originally received notice; or, if such violation is found to exist, shall issue a written notice and order directing the existence of the violation, the severity of the violation and the fine imposed. The fine may include administrative costs in addition to an amount not to exceed three times the amount of the H.M.F. for the project in question. The amount of the fine (except for administrative costs) shall be deposited in the MBHCP trust fund and must be paid within thirty days of the hearing. Furthermore, the stop work order shall remain in effect until all of the conditions outlined in the order after the hearings are complied with and the violator is responsible for all associated costs of compliance. 2. Except as provided in this section, after a decision by the hearing officer(s), any person subject to an order declaring the existence of a violation and a fine resulting therefrom may appeal the decision of the hearing officer to the city manager by filing a written request with the city clerk within ten days from the date appearing on the order declaring a violation to exist. The cost of appeal must be paid at the time the request for appeal is filed. 3. The stop work order shall remain in effect until either the decision declares a violation does not exist or the fine stemming from the finding of a violation is paid. E. Criminal Violations— Misdemeanors and Infractions. Except as provided herein, any person, firm or corporation convicted of violating any of -- Page 2 of 4 Pages -- 0612$117 CC AGENDA PACKET FCC 128 the provisions of this chapter, or for failing to comply with any notice or order given pursuant to this chapter, shall be subject to a fine of not more than five hundred dollars or by imprisonment in the County Jail for a period of not more than six months, or by both such fine and imprisonment. Each such person, firm or corporation shall be charged with a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall, upon conviction, be punished accordingly. 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. -- Page 3 of 4 Pages -- 0612$117 CC AGENDA PACKET FCC 129 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: By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney Rl:lsc S:\COUNC I L \Ords\ 16 -17\ 15.78.090MBH CP. V iolation.Fnl.docx RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield -- Page 4 of 4 Pages -- 0612$117 CC AGENDA PACKET FCC 130 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 17.08.210 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO APPROVAL OF DEVELOPMENT ENTITLEMENT CONDITIONED ON INDEMNIFICATION OF CITY. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 17.08.210 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.08.210 Approval of development entitlement conditioned on indemnification of city. The applicant and /or property owner and /or subdivider of any development entitlement, including, but not limited to, a zone change, general plan amendment, conditional use permit, modification or site plan review, shall indemnify, defend, and hold harmless the city of Bakersfield, its officers, agents, employees, departments, commissioners, and boards against any and all liability of any kind arising from the terms and provisions of the development entitlement application, including, without limitation, any California Environmental Quality Act (CEQA) approval or any related development approvals or conditions. Terms of the agreement shall be subject to approval by the city attorney. 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. - 00000-- - - - - -- Page 1 of 2 0612$117 CC AGENDA PACKET FCC 131 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: By: KAREN GOH, Mayor City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER Rldsc S: \COUNCIL \Ords \16 -17\ 17. 08 .210DevEntit1ementCond.Fn1.docx CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield Page 2 of 2 0612$117 CC AGENDA PACKET FCC 132 ORDINANCE NO. ORDINANCE AMENDING SECTIONS 17.16.026 AND 17.18.026 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO REQUIRED MASONRY WALLS IN MULTIPLE - FAMILY DWELLING ZONES BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 17.16.026 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 17.16 R -3 MULTIPLE - FAMILY DWELLING ZONE 17.16.026 Additional requirements. The following requirements shall apply to all development permitted by this chapter: A. All permitted and conditional uses pursuant to this chapter shall be subject to site plan review as provided in Chapter 17.08. B. Landscaping shall be subject to the requirements of Chapter 17.61. C. Off - street parking and loading shall be subject to the requirements of Chapter 17.58. D. Signs shall be subject to the requirements of Chapter 17.60. E. A solid masonry wall constructed at a minimum height of six feet from highest grade shall be required for multi - family development proposed where the rear or side property line separates a lot zoned R -1, R -2 of a single family character, MH or a PUD project of a single - family character. Any wall located within or along the front yard area shall not exceed a height of four feet. This requirement shall not apply to any lot less than ten thousand square feet and, that is not part of, or adjacent to multi - family subdivisions or other multi - family projects that existed prior to the effective date of this section. SECTION 2. Section 17.18.026 of the Bakersfield Municipal Code is hereby amended to read as follows: -- Page 1 of 3 Pages -- 0612$117 CC AGENDA PACKET FCC 133 Chapter 17.18 R -4 HIGH DENSITY MULTIPLE - FAMILY DWELLING ZONE 17.18.026 Additional requirements. The following requirements shall apply to all development permitted by this chapter: A. All permitted and conditional uses pursuant to this chapter shall be subject to site plan review as provided in Chapter 17.08. B. Landscaping shall be subject to the requirements of Chapter 17.61. C. Off - street parking and loading shall be subject to the requirements of Chapter 17.58. D. Signs shall be subject to the requirements of Chapter 17.60. E. A solid masonry wall constructed at a minimum height of six feet from highest grade shall be required for multi - family development proposed where the rear or side property line separates a lot zoned R -1, R -2 of a single family character, MH or a PUD project of a single - family character. Any wall located within or along the front yard area shall not exceed a height of four feet. This requirement shall not apply to any lot less than ten thousand square feet and, that is not part of, or adjacent to multi - family subdivisions or other multi - family projects that existed prior to the effective date of this section. SECTION 3. 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---- - - - - -- -- Page 2 of 3 Pages -- 0612$117 CC AGENDA PACKET FCC 134 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, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING 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 ANDREW HEGLUND Deputy City Attorney AH:Isc S:\COUNC I L \Ords\ 16 -17\ 17.16.026,17.18.026.Mosonry W aI I Req'd.docx -- Page 3 of 3 Pages -- 0612$117 CC AGENDA PACKET FCC 13.E ORDINANCE NO. AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.25.020 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO USES PERMITTED IN CENTRAL BUSINESS ZONES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 17.25.020 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 17.25 C -B CENTRAL BUSINESS ZONE 17.25.020 Uses permitted. zones; A. Any use listed in the uses permitted section in the C -O, C -1 and C -2 B. Any of the following uses: 1. Bus, train and other transit station, provided that transit vehicles are not stored on -site and no repair work or servicing of transit vehicles is conducted on -site, 2. News /magazine stand, 3. Nightclub, bar, cocktail lounge or other establishment selling alcoholic beverages for on -site consumption where such use, including entertainment, is the primary business, 4. Parking garage or surface lot, 5. Police, fire and other emergency service alarm centers, 6. Post office and other courier or parcel delivery service, 7. Sidewalk use, including but not limited to outdoor seating, subject to issuance of an encroachment permit; C. Residential uses provided they are located in the second story or above; D. Mixed combinations of uses allowed in subsections A and B above are permitted; E. Accessory buildings, structures and uses necessary to support the principal use located on the same lot or parcel of land. -- Page 1 of 2 Pages -- 0612$117 CC AGENDA PACKET FCC 136 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. - 00000-- - - - - -- 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, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH, Mayor City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney rmM S:\COUNC I L \Ords\ 16 -17\ 17.25. 020 .0 -BZone UsesPerm itted. Fn I..docx -- Page 2 of 2 Pages -- 0612$117 CC AGENDA PACKET FCC 137 ORDINANCE NO. ORDINANCE AMENDING SECTION 17.28.030 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO USES PERMITTED ONLY BY CONDITIONAL USE PERMIT IN M -1 ZONE BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 17.28.030 of the Bakersfield Municipal Code is hereby amended to read as follows: Chapter 17.28 M -1 LIGHT MANUFACTURING ZONE 17.28.030 Uses permitted only by conditional use permit. While any use may be permitted by conditional use permit pursuant to subsection B of Section 17.64.020, the following uses are not permitted in the M -1 zone except by conditional use permit issued in accordance with the procedures provided in Chapter 17.64 of this title: A. Agricultural packing plants; B. Aircraft and automobile factories; C. Automobile parts manufacturer; D. Battery manufacturer; E. Breweries and distilleries; F. Clinics, hospitals, sanitariums or other buildings for contagious, mental, drug or liquor addiction cases; G. Equestrian establishments, stables, riding academies, schools or amusements; H. Freighting or trucking yards or terminals; I. Livestock slaughtering and processing, wholly within a building; J. Machine shops, including punch presses and automatic screw machines; -- Page 1 of 3 Pages -- 0612$117 CC AGENDA PACKET FAG 138 K. Planing mills; L. Residential dwellings; M. Tire rebuilding, recapping and retreading plants; N. Food and /or shelter service agencies as defined in Section 17.04.285. 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---- - - - - -- -- Page 2 of 3 Pages -- 0612$117 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: By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney AH:Isc S:\ COUNCIL \Ords \16- 17 \17.28.030.M -1 Uses- Livestock.Fnl.docx RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield -- Page 3 of 3 Pages -- 0612$117 CC AGENDA PACKET FCC 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF BAKERSFIELD AMENDING SECTION 17.64.060 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO MODIFICATIONS AND CONDITIONAL USE PERMITS - APPEAL HEARINGS. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 17.64.060 of the Bakersfield Municipal Code is hereby amended to read as follows: 17.64.060 Modifications and conditional use permits— Hearing— Decision and findings. A. Following the public hearing, the board of zoning adjustment, planning commission or city council may grant, grant in modified form, conditionally grant, or deny the requested waiver or modification. Such decision shall be reflected in a formal resolution containing the findings and the facts upon which the findings are based. B. Findings Required for Modification. A modification shall be granted only when it is found that: 1. The granting of such modification would not be materially detrimental to the public welfare, nor injurious to the property or improvements in the zone or vicinity in which the property is located; and 2. The granting of the modification is necessary to permit an appropriate improvement or improvements on a lot or lots, including, but not limited to, modification of such regulations for some or all lots within a subdivision to facilitate zero -lot -line or other atypical subdivision development; and 3. The granting of the modification would not be inconsistent with the purposes and intent of Title 17 of this code. C. Findings Required for Conditional Use Permit. 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 -- Page 1 of 4 Pages -- 0612$117 CC AGENDA PACKET FCC 141 2. The proposed use is in harmony with the various elements and objectives of the general plan and applicable specific plans. D. Conditions. The issuance of any modification or conditional use permit pursuant to this title may be granted subject to such conditions as may be 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. Dedications of real property may be required and improvements of public streets shall be in accordance with standard specifications of the city on file in the office of the city engineer. E. Exercise of Rights. The exercise of rights granted by a modification or conditional use permit shall be commenced within two years after the date of the final decision. F. Termination of Rights. The modification or conditional use permit shall terminate, and all rights granted therein shall lapse, and the property affected thereby shall be subject to all of the provisions and regulations of Title 17 applicable to the zone in which such property is classified, when any of the following occur: 1. There is a failure to commence the exercise of rights as required by subsection E of this section, or within any duly granted extension; 2. There is a discontinuance for a continuous period of one year of the exercise of the rights granted. G. Extension of Time. Any time limit contained in this chapter or in any decision, for good cause shown, may be extended by the body issuing the initial conditional use permit or modification for a period which shall not exceed one year. 1. The property owner may request an extension of the time limit by written application to the planning director or his or her designee. Such application shall be filed before the expiration date of the conditional use permit or modification. The application shall provide reasons for extension of the permit or modification. 2. Upon the receipt in proper form of an application for an extension, along with the fee adopted pursuant to Section 3.70.040, the planning director shall fix a time and place of public hearing thereon. The hearing shall be noticed as set forth in subsection B of Section 17.64.050. -- Page 2 of 4 Pages -- 0612$117 CC AGENDA PACKET FAG 142 3. Following the public hearing, the hearing body shall approve, conditionally approve, or deny extension of the conditional use permit or modification. H. Revocation of Rights. The board of zoning adjustment may revoke the rights granted by such modification or conditional use permit and the property affected thereby shall be subject to all of the provisions and regulations of Title 17 of this code applicable as of the effective date of revocation. Such revocation shall be for good cause, including, but not limited to, the failure to comply with conditions or complete construction as required by subsection F of this section, the failure to comply with any condition contained in the modification or conditional use permit, or the violation by the owner or tenant of any provision of the municipal code pertaining to the premises for which such modification or conditional use permit was granted. 1. Notice of the intent to revoke shall be given, together with the reasons therefor, either by personal delivery to the occupant of such premises, to the owner of such premises, to any person indicated in the permit as being entitled to exercise the permit, or by deposit in the United States mail, postage prepaid, addressed to such person(s) at his or her last known business or residence address as the same appears in the records of the modification or conditional use permit. Service by mail shall be deemed to have been completed at the time of deposit in the post office, or any United States mailbox. 2. The decision of the board of zoning adjustment shall be final, subject to appeal to the city council within ten days after notice. 3. When a proper appeal has been filed, public hearing upon the matter shall be set before the city council within a reasonable time after the appeal is filed. 4. Not less than ten days before the date of such public hearing, notice of the time and place of the hearing before the body shall be given as set forth in subsection B of Section 17.64.050. 5. On appeal, the city council may affirm the revocation, overturn the revocation or modify the order of revocation. 6. The decision of the city council shall be final and conclusive. I. Date of Issuance. No permit or license for any use involved in an application for a modification or conditional use permit shall be issued until same has become final by reason of the failure of any person to appeal or by reason of the action of the city council. -- Page 3 of 4 Pages -- 0612$117 CC A EN A PACKET FAG 143 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. - 00000-- - - - - -- 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: KAREN GOH, Mayor City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: RICHARD IGER Deputy City Attorney rmM S:\COUNC I L \Ords\ 16 -17\ 17.64.060.CU Ps- AppHrgs. Fnl.docx RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield -- Page 4 of 4 Pages -- 0612$117 CC AGENDA PACKET FCC 1 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Consent - Resolutions h. TO: Honorable Mayor and City Council FROM: Art Chianello, Water Resources Manager DATE: 6/15/2017 111-11 V 03 SUBJECT: Resolution adopting the 2015 Urban Water Management Plan. STAFF RECOMMENDATION: Staff recommends approval of the resolution. BACKGROUND: Urban Water Management Plans (UWMPs) are prepared by California's urban water suppliers to support long-term resource planning and ensure adequate water supplies are available to meet existing and future water demands. Every urban water supplier that either provides over 3,000 acre-feet of water annually or serves more than 3,000 urban connections is required to assess the reliability of its water sources over a 20-year planning horizon, and report its progress on 20 percent reduction in per-capita urban water consumption by the year 2020, as required in the Water Conservation Bill of 2009 SBX7-7. The plans must be prepared every five years and submitted to the Department of Water Resources (DWR). DWR staff then reviews the submitted plans to make sure they have completed the requirements identified in State law and then submits a report to the State Legislature summarizing the status of the plans. The City's 2015 UWMP is being submitted in 2017, in part, because the City updated its most recent UWMP approximately within the last five years. This UWMP will still be referred to as the "2015 Plan." This 2015 Plan combines both the retail (domestic water system) and wholesale (wholesale water system) activities of the City and is an update to the previously prepared and adopted Plan. This 2015 Plan conforms with the California DWR's "Guidebook for Urban Water Suppliers" dated March 2016, and consequently the format and order of sections proposed in DWR's Guidebook is followed in the 2015 Plan. Highlights of the 2015 Plan include: Updated service area population estimates for 2015 to 2040, based on DWR's population tool 06128117 CC AGENDA PACKET PG 1 45 • Updates the 2015 interim target and 2020 target from the 2010 Plan relating to the Water Conservation Act of 2009 (SBX7-7) • Updated domestic system water loss due leakage, theft, and accounting errors calculated using AWWAAudit Software for 2015 The City has coordinated the preparation of this UWMP with the appropriate agencies, including other local water purveyors and agencies that receive water from the City. A notification letter was sent to these agencies at least 60 days prior to this public hearing. The UWMP was also posted on the City's website and was made available for review at the City's Water Resources Department. A public notification of the hearing was made by the City by publishing the notice of public hearing through the newspaper during the weeks of May 31, 2017, and June 7, 2017. To date, the City has not received any comments. A public hearing was held at the June 14, 2017, during the City Water Board meeting. At that time, the Water Board recommended a resolution to adopt the 2015 Plan be approved by City Council. If adopted by the City Council, the 2015 Plan will be submitted to the DWR and the California State Library within 30 days. F-11 i all M I ��i 14 Ll k &-] Description D ReSdUdOlrl foir UMP Type Resokltblrl 06128117 CC AGENDA PACKET PG 1 46 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD ADOPTING THE 2015 URBAN WATER MANAGEMENT PLAN WHEREAS, the California Legislature enacted Assembly Bill 797 (Water Code Section 10610 et seq., known as the Urban Water Management Planning Act) during the 1983 -1984 Regular Session, and as amended subsequently, which mandates that every supplier providing water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre foot of water annually, prepare an Urban Water Management Plan (Plan), the primary objective of which is to plan for the conservation and efficient use of water; and WHEREAS, the City of Bakersfield is an urban supplier of water providing water to a population of over 145,000; and WHEREAS, the Plan shall be periodically reviewed at least once every five years in years ending in five or zero, and that the City shall make any amendments or changes to its plan which are indicated by the review; and WHEREAS, the Plan must be adopted after public review and hearing, and filed with the California Department of Water Resources; and WHEREAS, the City has therefore, prepared and circulated for public review a final draft Plan, and a properly noticed public hearing regarding said Plan was held by the City of Bakersfield Water Resources Department on June 14, 2017; and WHEREAS, The City Water Board unanimously recommends (2 -0 per Water Board Meeting held June 14, 2017) the City Council approve the resolution to adopt the 2015 UWMP; and WHEREAS, the City of Bakersfield did prepare and filed said Plan with the California Department of Water Resources by July 28, 2017. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows: 1. The 2015 Urban Water Management Plan is hereby adopted and ordered filed with the Clerk of the City Council; 0612$117 CC AGENDA PACKET FCC 147 2. The Water Resources Manager is hereby authorized and directed to implement the Water Conservation Programs as set forth in the 2015 Urban Water Management Plan, which includes water shortage contingency analysis and recommendations to the City of Bakersfield Water Board regarding necessary procedures, rules, and regulations to carry out effective and equitable water conservation and water recycling programs. 3. In a water shortage, the Water Board is hereby authorized to declare a Water Shortage Emergency according to the Water Shortage Stages and Triggers indicated in the Plan, and implement necessary elements of the Plan. •1• 06/2$/17 CC AGENDA PACKET FCC 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 June 28, 2017, by the following vote: AYES: COUNCIL MEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER NOES: COUNCIL MEMBER ABSTAIN: COUNCIL MEMBER ABSENT: COUNIL MEMBER KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney BY: RICHARD IGER Deputy City Attorney Christopher Gerry ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield 0612$117 CC AGENDA PACKET IBC 149 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Consent - Resolutions i. TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: 6/13/2017 111-11 N 03 SUBJECT: Resolution to authorize sale of surplus Chevrolet Venture van to Bakersfield Homeless Center, a non-profit organization, for $1,000. STAFF RECOMMENDATION: Staff recommends approval of the resolution. BACKGROUND: The City has received a request from the Bakersfield Homeless Center, a nonprofit organization, to purchase a surplus Chevrolet Venture van. The City has multiple contracts with the Bakersfield Homeless Center to provide workers from the job development program "Work 4 Success." This vehicle will be used to transport workers provided by the Homeless Center to various worksites. Staff recommends the sale of a surplus van to the Bakersfield Homeless Center for the wholesale auction value amount of $1,000. The Bakersfield Municipal Code Section 3.20.120F provides for this action and states that any sale to a governmental entity or non-profit organization shall be subject to confirmation and approval by the City Council. The equipment is being sold "as is with all faults" to remove the City from any potential liability claims. ATTACHMENTS: Description D ReSdUdOlrl Type Resokltblrl 06128117 CC AGENDA PACKET PG 150 RESOLUTION NO. RESOLUTION TO AUTHORIZE SALE OF 2003 CHEVROLET VENTURE VAN TO THE BAKERSFIELD HOMELESS CENTER, A NON PROFIT ORGANIZATION FOR ONE THOUSAND DOLLARS ($1,000) RECITALS WHEREAS, the City of Bakersfield possesses a 2003 Chevrolet Venture Van which has been declared surplus; and WHEREAS, the Bakersfield Homeless Center, a nonprofit organization, desires to purchase the surplus vehicle at a cost of one thousand dollars ($1,000); and WHEREAS, in accordance with Bakersfield Municipal Code section 3.20.120(F) the City Council must confirm and approve the sale of any surplus equipment to a nonprofit organization; NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2. The City Council authorizes the Finance Director to sell a surplus Chevrolet Venture Van to the Bakersfield Homeless Center for one thousand dollars ($1,000). - -- 000---- - - - - -- - Page 1 of 2 Pages - 0612$117 CC AGENDA PACKET FCC 151 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: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA H RUDNICK Deputy City Attorney PAR LI ER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield - Page 2 of 2 Pages - 0612$117 CC AGENDA PACKET FCC 152 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Consent - Resolutions j. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Community Development Director DATE: 6/12/2017 111-11 V 03 SUBJECT: Resolution confirming approval by the City Manager designee of the Chief Code Enforcement Officer's report regarding assessments of certain properties in the City for which structures have been secured against entry or for the abatement of certain weeds, debris and waste matter and authorizing collection of the assessments by the Kern County Tax Collector. Staff recommends adoption of the resolution. BACKGROUND: Assessment hearing was held on June 12, 2017, by the City Manager designee and all proposed charges were confirmed. The subject properties listed in Exhibit A (attached) were in violation of Chapter 8.27 of the Bakersfield Municipal Code, which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter. The property owners were notified and failed to comply with the notices to abate such public nuisance. After a hearing duly noticed and held before the Building Director, the Director issued orders requiring the property owner to abate the public nuisance. The subject properties are listed in Exhibit A. The owners of the listed properties failed to commence the required work as ordered by the Building Director to abate a public nuisance. As permitted under Chapter 8.80 of the Bakersfield Municipal Code, the public nuisances listed in Exhibit A were abated under the direction of the Chief Code Enforcement Officer. The costs incurred by the City can be assessed against the property as provided for in Chapter 8.80 of the Bakersfield Municipal Code. Property owners have been given notice of their right to appear at the hearing on this matter before the City Manager designee and to object to the correctness of the costs incurred by the City to remove the public nuisance. The City Manager designee has approved the assessments associated with the properties. The Council will need to confirm the approval of the City Manager designee of the costs incurred 06128117 CC AGENDA PACKET PG 153 by the City for work performed to remove the public nuisance and order that such costs be made a lien against the property. This will be done by adoption of the attached resolution. ATTACHMENTS: Description D ReSdUdOlrl D Dedairadoin D ExhbUk Type Resokltblrl Exhbt Exhbt 06128117 CC AGENDA PACKET PG 154 RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD CONFIRMING THE APPROVAL BY THE CITY MANAGER DESIGNEE OF THE REPORT OF THE CHIEF CODE ENFORCEMENT OFFICER REGARDING ASSESSMENTS OF CERTAIN PROPERTIES IN THE CITY OF BAKERSFIELD 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. WHEREAS, the properties in the City of Bakersfield described by assessor parcel number and street address in Exhibit "A" were determined to be in violation of the Bakersfield Municipal Code which prohibits maintaining open and abandoned dilapidated structures which constitute public nuisances and prohibits maintaining hazardous weeds, debris and waste matter; and WHEREAS, notices and orders of the City of Bakersfield Building Department, as provided in Chapter 8.80 of the Bakersfield Municipal Code, were provided to the record owners of the aforementioned properties; and WHEREAS, this assessment proceeding was duly noticed and a public hearing held on June 12, 2017, in City Hall North Conference Room B of the City of Bakersfield by the City Manager designee; and WHEREAS, the City Manager designee has reviewed materials concerning the properties, the abatements and the assessments and has approved the assessments of the parcels; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield: 1. That the Chief Code Enforcement Officer caused work to be performed by contractors for removal of public nuisances and submitted and filed with the City Clerk a Report and Assessment List which describes the costs incurred by the City to abate such public nuisances and which is attached hereto as Exhibit "A ", and made a part hereof by this reference. 2. The costs incurred and described in the Report and Assessment list, attached hereto as Exhibit "A" are hereby confirmed. 3. The cost of the abatement on the properties as described in Exhibit "A ", are hereby made a lien and special assessment against said properties and the Chief Code Enforcement Officer is directed to notify the property owner of and record the lien created herein as required under Government Code Section 38773.1 (b) -(c). 4. The assessments enumerated herein are not subject to Proposition 218. 5. That the City Attorney is hereby authorized to commence any action necessary for collecting the sum due including foreclosure on the lien established herein as provided for in Government Code Section 38773.1 (c). 6. That the property owners named in said Exhibit "A" may pay, or cause to be paid, the charges stated therein at the office of the Treasury Department, 1715 Chester Avenue, Bakersfield, California, at any time prior to the time the lien imposed 0612$117 CC A EN A PACKET FAG 155 under Government Code Section 38773.1 and Bakersfield Municipal Code Section 8.80.190 is foreclosed or placed on the property tax rolls for collection as described in paragraph 7 below. 7. At the discretion of the City Attorney, and in the event such charges assessed and confirmed against the property as listed in Exhibit "A" are not paid in full prior to collection or foreclosure, such special assessment or balance due remaining thereof, may be entered and extended on the property tax roll, and pursuant to law, the County tax collector shall include such amounts on the tax bill applicable to the property for collection therein. ---- - - - - -- 000---- - - - - -- 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, FREEMAN, SULLIVAN, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER APPROVED KAREN GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney BY: RICHARD IGER Deputy City Attorney Christopher Gerry ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield OA 0612$117 CC AGENDA PACKET IBC 156 EXHIBIT "A" REPORT AND ASSESSMENT LIST AND DECLARATION OF DAVID PAQUETTE IN SUPPORT THEREOF In the matter of the properties listed in the attached Exhibit "A ": I, David Paquette, declare: 1. I am the duly appointed Code Enforcement Supervisor of the City of Bakersfield, California. I am making this declaration pursuant to Chapter 8.80 of the Bakersfield Municipal Code. 2. As provided by Chapter 8.80 of the Bakersfield Municipal Code and pursuant to an order of the Building Director, the Code Enforcement Division removed the public nuisances on the properties listed in Exhibit "A" which is attached hereto and made a part hereof by this reference in April and May 2017. The costs incurred by the City to remove the public nuisances for each respective property set forth herein are also stated in the attached Exhibit "A ". 3. Records of the Bakersfield Building Department reflect that on May 19, 2017 a copy of Notice of Filing Report and Assessment List for Abatement of Condition Constituting Public Nuisance and of Hearing Thereon was mailed to the owners of the properties and /or posted. 4. The foregoing matters are within my personal knowledge and if called as a witness herein, I could and would competently testify thereto. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 12th day of June 2017, at Bakersfield, California. David Paquette Code Enforcement Supervisor 0612$117 CC AGENDA PACKET FCC 157 06/12/2017 EXHIBIT "A" REPORT AND ASSESSMENT LIST FOR STRUCTURES THAT HAVE BEEN SECURED AGAINST ENTRY OR DECLARED SUBSTANDARD OR FOR ABATEMENT OF CERTAIN WEEDS, DEBRIS AND WASTE MATTER APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL DO WORK COST COST 1. 516- 102- 09 -00 -0 149 Acoma Street Jose Mendoza $0 $650 $650 149 Acoma Street 16 -3190 Bakersfield, CA 93307 2. 007 - 361- 07 -00 -2 628 Beech Street MRA Aesthetic Solutions LLC $0 $666 $666 1319 Charterten Avenue 16 -1240 Bakersfield, CA 93307 3. 001 - 061- 03 -00 -1 2721 Beech Street 2721 Beech Street Trust $0 $333 $333 2721 Beech Street 17 -1365 Bakersfield, CA 93301 4. 019 - 142- 08 -00 -5 802 S Brown Street Ivee Feltus $170 $666 $836 4212 Newcombe Avenue 17 -993 Bakersfield, CA 93313 5. 019 - 131- 09 -00 -8 811 S Brown Street Raul Pama $350 $666 $1,016 PO Box 900018 17 -1001 Palmdale, CA 93590 6. 019-053-11-00-4 1021 S Brown Street David Rose Et Al Trust $280 $666 $946 PO Box 5731 16 -8046 San Bernardino, CA 92412 7. 008 - 284- 25 -00 -9 2200 Brundage Lane Alyssa Sanchez $0 $118 $118 2200 Brundage Lane 17 -1348 Bakersfield, CA 93304 8. 018- 390- 09 -00 -0 122 Clifton Street Reginald Phillips $119 $666 $785 1230 Baldwin Road 17 -770 Bakersfield, CA 93304 9. 018- 400- 23 -00 -2 139 Clifton Street Franklin J Castillo Trust $150 $666 $816 139 Clifton Street 16 -8246 Bakersfield, CA 93307 10. 126-032-11-00-2 1321 Columbus Street Francisca Granlee $0 $666 $666 1321 Columbus Street 16 -7395 Bakersfield, CA 93305 11. 139 -351- 11 -00 -2 233 Daniels Street Sara Medrano $285 $1,261 $1,546 233 Daniels Street 16 -4750 Bakersfield, CA 93307 12. 017- 400- 04 -00 -0 917 Dolores Street Destinie Willis $365 $666 $1,031 4437 Star Jasmine Court 17 -353 Bakersfield, CA 93304 13. 172 - 122- 23 -00 -0 3412 Elda Avenue Isaac Newton $0 $118 $118 PO Box 11781 17 -1396 Bakersfield, CA 93389 14. 164- 232- 63 -00 -9 4300 Fjord Drive Crehan Family Trust $0 $333 $333 PO Box 241497 17 -1019 Los Angeles, CA 90024 15. 007 - 197- 14 -00 -5 1716 Forrest Street James Mc Clure $0 $118 $118 3305 Juniper Ridge Road 17 -1762 Bakersfield, CA 93306 16. 021- 363- 16 -00 -6 2801 Haley Street Frank Armantrout $430 $666 $1,096 2002 Monterey Street 17 -1099 Bakersfield, CA 93305 17. 008 - 182- 08 -00 -7 325 Holtby Road Harolyn Johnson $0 $333 $333 PO Box 9724 17 -1325 Bakersfield, CA 93389 0612$117 CC A EN A PACKET FAG 158 Page 2 of 4 APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL DO WORK COST COST 18. 025 - 121- 01 -00 -6 1520 Ivan Avenue David Sanchez $0 $333 $333 PO Box 42403 16 -7567 Bakersfield, CA 93384 19. 120 - 100- 18 -00 -7 3528 K Street Jerry Fuentez & $0 $118 $118 Patricia Fuentez 4916 College Avenue 16 -8068 Bakersfield, CA 93306 20. 014- 300- 07 -00 -9 819 Kentucky Street Valley Capital Inv Inc $124 $666 $790 5155 Waring Road 17 -689 San Diego, CA 92120 21. 014- 300- 10 -00 -7 823 Kentucky Street Valley Capital Inv Inc $144 $666 $810 5155 Waring Road 17 -691 San Diego, CA 92120 22. 015- 390- 15 -00 -6 1 106 Kentucky Street Lawrence Martin & $109 $666 $775 Veronica Martin 920 N Wilcox Av Apt 105 17 -684 Los Angeles, CA 90038 23. 015- 420- 08 -00 -4 1420 Kentucky Street Borhan Darmal $119 $666 $785 38 Winfield Dr 17 -682 Ladera Ranch, CA 92694 24. 139 -302- 16 -00 -9 324 S King Street Marcelino Estrada $200 $666 $866 3456 Firebush Avenue 17 -1227 Rosamond, CA 93560 25. 009 - 221- 05 -00 -9 828 L Street Fermanhomes LLC $0 $333 $333 6000 Rosewood Avenue 17 -1298 Bakersfield, CA 93306 26. 009-112-09-00-6 1003 L Street Dalip Singh Sethi & $90 $666 $756 Latika Sethi 1461 Woodvale Lane 17 -1299 Riverside, CA 92506 27. 015- 380- 02 -00 -5 1009 Lake Street Nurun N Rahman $585 $666 $1,251 1009 Lake Street 17 -234 Bakersfield, CA 93305 28. 015- 320- 14 -00 -2 1310 Lake Street Bank of America $300 $666 $966 2900 Esperanza Crossing 17 -844 Austin, TX 78758 29. 015- 420- 03 -00 -9 1413 Lake Street Janis Long $97 $666 $763 26247 Clear Creek 17 -685 Keene, CA 93531 30. 015- 420- 04 -00 -2 1417 Lake Street Mario Piccolino $99 $666 $765 1428 Paseo Castanos 17 -680 San Dimas, CA 91773 31. 007 - 195- 12 -00 -5 1801 Maple Avenue Daj Invs LLC $170 $666 $836 1 158 26'" Street Ste 558 17 -674 Santa Monica, CA 90403 32. 139- 432- 21 -00 -1 11 Milham Drive Salvador Guerrero $99 $666 $765 9200 Duncanson Drive 17 -816 Bakersfield, CA 93311 33. 139- 432- 05 -00 -5 29 Milham Drive James Westmoreland $124 $666 $790 2086 Lucretia Av Apt 202 17 -818 San Jose, CA 95122 34. 139- 422- 05 -00 -2 117 Milham Drive Ora Brown & Alice Robinson $119 $666 $785 2079 Palou Ave 17 -820 San Francisco, CA 94124 0612$117 CC A EN A PACKET FAG 159 Page 3 of 4 APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL DO WORK COST COST 35. 139 - 421- 06 -00 -8 120 Milham Drive Beneficial California Inc $119 $666 $785 931 Corporate Center 17 -823 Pomona, CA 91769 36. 531 - 011- 06 -00 -9 8102 Morningstar Promotora Jardines Del $860 $666 $1,526 Avenue Eden Corp 3511 Union Avenue 17 -375 Bakersfield, CA 93305 37. 018- 320- 19 -00 -8 133 Northrup Street James Hammond $190 $666 $856 5339 Queen Esther Ct 17 -1024 Ellenwood, GA 30294 38. 008 - 062- 27 -00 -7 115 Olive Street Randle Wheat & $199 $666 $865 Kathleen Wheat 115 Olive Street 17 -917 Bakersfield, CA 93304 39. 172 - 101- 41 -00 -9 3406 Oliver Street Vanessa Denise Ward $170 $666 $836 3406 Oliver Street 17 -715 Bakersfield, CA 93307 40. 018- 270- 35 -00 -0 105 S Owens Street Melissa Cortez $150 $666 $816 105 S Owens Street 17 -991 Bakersfield, CA 93307 41. 018- 040- 41 -00 -0 1001 S Owens Street Margarita Delgado $125 $666 $791 906 S Baker Street 17 -789 Bakersfield, CA 93307 42. 171- 223- 09 -00 -9 908 Pacheco Road Armaan Sami $0 $118 $118 109 E Santa Clara Street 17 -83 San Jose, CA 95113 43. 171- 200- 01 -00 -8 1500 Pacheco Road Lori Tayler $0 $333 $333 #1 1500 Pacheco Road #1 17 -549 Bakersfield, CA 93307 44. 171- 200- 06 -00 -3 1500 Pacheco Road Mae Reid $99 $666 $765 #6 1500 Pacheco Road #6 17 -552 Bakersfield, CA 93307 45. 172- 123- 03 -00 -9 1 1 17 E Planz Road WM T Bruce $0 $333 $333 3007 Horrace Mann Avenue 17 -1423 Bakersfield, CA 93306 46. 021 - 351- 13 -00 -0 2900 Pomona Street Deloris Smith $310 $666 $976 2900 Pomona Street 17 -815 Bakersfield, CA 93305 47. 018 - 091- 05 -00 -8 1321 Potomac Sheila Jones Barrera $300 $666 $966 Avenue 5400 Cardamon Drive 17 -851 Bakersfield, CA 93309 48. 009 -201- 08 -00 -2 825 Q Street 825 Q Attorney Grantor Tr $0 $666 $666 1012 Amber Park Avenue 17 -1 1 1 Bakersfield, CA 93311 49. 498 -102- 11 -00 -4 6100 Quaking Aspen Javier Robledo $485 $666 $1,151 Street 6100 Quaking Aspen Street 17 -295 Bakersfield, CA 93313 50. 018-111-07-00-9 1201 Ralston Street T J Kizer $0 $333 $333 3860 S Higuera D 4 17 -349 San Luis Obispo, CA 93401 51. 170 - 162- 14 -00 -2 2109 Roland Street Evelyn Tate $480 $666 $1,146 2109 Roland Street 17 -582 Bakersfield, CA 93305 52. 009 - 070- 14 -00 -5 1001 S Street Rockshore Prop LLC $0 $333 $333 3334 E Coast Hy #445 17 -372 Costa Mesa, CA 92626 0612$117 CC A EN A PACKET FAG 160 Page 4 of 4 APN PROPERTY ADDRESS PROPERTY OWNER COST TO ADMIN TOTAL DO WORK COST COST 53. 384 - 121- 17 -00 -1 3520 Sesame Street Gwen Quinton $825 $1,261 $2,086 3520 Sesame Street 17 -47 Bakersfield, CA 93309 54. 172- 132- 08 -00 -0 3611 Shellmacher Luis Arenas $0 $183 $183 Avenue 2030 Quincy Street 16 -5954 Bakersfield, CA 93305 55. 392 - 161- 25 -00 -5 4608 Tilyard Court Carlos Colter $0 $118 $118 4608 Tilyard Court 17 -324 Bakersfield, CA 93311 56. 018- 340- 20 -00 -6 125 Tyree Toliver Albrae Equities LLC $99 $666 $765 Street 668 N Coast Hw # 148 17 -859 Laguna Beach, CA 92651 57. 023 - 580- 21 -00 -7 2704 Villalovos Court Calogero Alaimo & $0 $118 $118 Zaida Alaimo 21430 Millard Lane 17 -1805 Cupertino, CA 95014 58. 170- 132- 10 -00 -1 913 Watts Drive Alfonso Frias & Cecilia Frias $575 $333 $908 5902 Applecreek Court 17 -2659 Bakersfield, CA 93313 59. 514- 020- 16 -00 -9 9601 Wible Road Garfield Beach CVS LLC $399 $666 $1,065 1 CVS Drive 16 -7943 Woonsocket, RI 02895 60. 008 -312- 16 -00 -7 1814 3rd Street Harolyn Johnson $0 $118 $118 PO Box 9724 17 -1960 Bakersfield, CA 93389 61. 139 - 161- 09 -00 -2 515 E 9th Street Sherri Bowden $80 $666 $746 5001 Crenshaw BI #3 17 -1075 Los Angeles, CA 90043 62. 139-111-05-00-5 530 E 9th Street Sherri Bowden $100 $666 $766 5001 Crenshaw BI #3 17 -1076 Los Angeles, CA 90043 63. 139-112-10-00-6 600 E 9th Street Sherri Bowden $100 $666 $766 5001 Crenshaw BI #3 17 -1077 Los Angeles, CA 90043 64. 139 - 162- 04 -00 -4 613 E 9th Street Sherri Bowden $100 $666 $766 5001 Crenshaw BI #3 17 -1078 Los Angeles, CA 90043 65. 139 - 132- 03 -00 -2 209 E 10th Street Elena Miranda $185 $666 $851 223 Hughes Lane 17 -608 Bakersfield, CA 93304 66. 006 - 131- 05 -00 -2 409 17th Street George Quick & $0 $118 $118 Glenna Quick 409 17th Street 17 -1235 Bakersfield, CA 93301 0612$117 CC A EN A PACKET FAG 161 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Consent - Resolutions k. TO: Honorable Mayor and City Council FROM: Nick Fidler, Pubic Works Director DATE: 6/4/2017 iTiff-11 1.1 SUBJECT: Resolution approving the submission of an application to the U.S. Department of Transportation Federal Aviation Administration for funding of an improvement project at the Bakersfield Municipal Airport under Airport Improvement Program Project No. 3-06-0323-020 and authorizing the City Manager or designee to execute all necessary documents. Staff recommends approval of the resolution. BACKGROUND: This resolution authorizes the submission of a grant application to the Federal Aviation Administration (FAA) for the Northeast Hangar Taxiway and Northwest Apron Taxiway Section "B" Rehabilitation project at the Bakersfield Municipal Airport. The resolution also authorizes the City Manager or his designee to execute the documents necessary for the grant application and acceptance. This project is 90 percent federally funded with general aviation funds providing the 10 percent local match requirement. This FAA grant provides for approximately $559,053 of federal funding. The total project cost estimate is $621,170 and provides for reconstructing the next phase of the Northeast hangar taxiway, reconstructing the Northwest apron taxiway section "B", sealing the remaining asphalt surface, drainage improvements and new striping. The grant is anticipated to be issued in late August or early September 2017. Construction is scheduled to start in October. Federal grant and general aviation funds provide the funding for this project. There is no General Fund impact associated with this project. ATTACHMENTS: Description Type D ReSdUdOlrl Resokltblrl 06128117 CC AGENDA PACKET PG 162 RESOLUTION NO. A RESOLUTION RATIFYING THE SUBMISSION OF AN APPLICATION TO THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION FOR FUNDING OF AN IMPROVEMENT PROJECT AT THE BAKERSFIELD MUNICIPAL AIRPORT UNDER AIRPORT IMPROVEMENT PROGRAM PROJECT NO. 3 -06- 0323 -020 AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS. WHEREAS, the City of Bakersfield has applied for an allocation of funds through the U.S. Department of Transportation Federal Aviation Administration (FAA); and WHEREAS, the Airport Improvement Program (AIP) approved by the FAA indicates that funding is tentatively available for an improvement project at the Bakersfield Municipal Airport pursuant to AIP Project No. 3 -6- 0323 -020; and WHEREAS, FAA funds will provide 90% of funding for project costs with general aviation funds providing the 10% local match requirement; and WHEREAS, this allocation of federal funds is the first step leading to the issuance of a grant offer; and WHEREAS, grant funds will be used for the Northeast Hangar Taxilane and Northwest Apron Taxilane Section B Rehabilitation project; and WHEREAS, the initial estimate for this project totals $621,170. However, the $621,170 may need to be revised as work commences on the project. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. The above recitals are true and correct and incorporated herein by reference. 2. Authorizes the City Manager, or his designee, to accept grant funds and execute the grant agreement or any other necessary documents with the FAA for AIP Project No. 3 -06- 0323 -020. Page 1 of 2 S: \Airport \ACIP \AIP 20 \FAA Resolution AIP 20.doc 0612$117 CC AGENDA PACKET FCC 163 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, GONZALEZ, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER COUNCIL MEMBER COUNCIL MEMBER COUNCIL MEMBER CITY CLERK AND EX OFFICIO of the Council of the City of Bakersfield KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JIM JOSHUA RUDNICK DEPUTY CITY ATTORNEY Page 2 of 2 S: \Airport \ACIP \AIP 20 \FAA Resolution AIP 20.doc 0612$117 CC AGENDA PACKET FCC 164 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Consent - Resolutions I. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 6/8/2017 WARD: Ward (s) 3, 4 SUBJECT: 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. 1926 to add Area 1-118 (2810 Mosasco Street) — Ward 4 2. ROI No. 1927 to add Area 4-167 (4201 Arrow Street) — Ward 3 ''A - r 11:12 0 LTi I L, ri 1: QN I DTA d 10NN Staff recommends adopting the resolutions of intention. BACKGROUND: Written requests have been received by the City Engineer from the owner(s) of the parcels to be included into the Consolidated Maintenance District as required by section 13.04.021 of the Municipal Code. Inclusion in the Consolidated Maintenance District provides for the maintenance of a public park and street landscaping. This area will be under the park and streetscape zones of benefit and will be assigned appropriate tier levels when a park has been constructed and street landscaping has been installed. The City has received a letter from the owner(s) of the properties described above that waives the public hearing concerning inclusion in the Consolidated Maintenance District. This allows the City to expedite the maintenance district process to satisfy the subdivision requirement. The owner(s) also have submitted a Proposition 218 ballot indicating their consent to the assessments. In order to provide future property owners with disclosure regarding the inclusion of land in the Consolidated Maintenance District and the estimated maximum annual cost per equivalent dwelling unit, a covenant has been drafted and will be recorded with the Kern County Assessor- Recorder's Office upon approval of this resolution. Staff is recommending the new territories be added to the Consolidated Maintenance District at 06128117 CC AGENDA PACKET PG 165 the next City Council meeting. ATTACHMENTS: Description D RG41926ad6ing/kireal 11 (13 to the Consoh dated Mai'iinteinaince Dilstirkt D D 1 1,18 EkNNtl D D 1 1,18 ExhbUk D D 1 11 (13 EkN lb i'i t lB D �M D 1 11 (13 EkN N t C D D 1 11 (13 EkN lb t D D D 1 11 (13 EkN lb t E D D 1 11 (13 EkN lb t F D FAG; #1927 ad61ng /kirea 4 '167 to the Consofidated Mai'iinteinaince Dilstirkt D D 4 '167 ExhNtl D D 4 '167 ExhNt/k D D 4 167 ExhNt IB D �M D 4 '167 ExhNtC D D 4 16 7 Exh lb i'i t D D D 4 167 ExhNt E D D 4. -'t 6'7 ExhNt F Type Resokltblrl Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Resokltblrl Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt Exhbt 06128117 CC AGENDA PACKET PG 166 RESOLUTION OF INTENTION NO. 1926 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 1 -118 (2810 MOSASCO STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 4) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and /or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 1-118 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit 1," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A "; S: \PROJECTS\MAINDIST \Formation Documents \Area 1 \MD 1-1 18\R01 1926 EST CMD.docx Page 1 of 3 0612$117 CC AGENDA PACKET FCC 167 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; c) The benefit formula attached hereto as Exhibit "C "; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F "; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. S: \PROJECTS\MAINDIST \Formation Documents \Area 1 \MD 1-1 18\R01 1926 EST CMD.docx Page 2 of 3 0612$117 CC AGENDA PACKET FCC 168 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit 1 Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F S: \PROJECTS \MAINDIST \Formation Documents \Area 1 \MD 1- 118 \ROI 1926 EST CMD.docx Page 3 of 3 0612$117 CC AGENDA PACKET FCC 169 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 1-118 Fiscal Year 2016 -2017 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 2810 Mosasco Street and as shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price S: \PROJECTS\MAINDIST \Formation Documents \Area 1 \MD 1- 118 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 0612$117 CC AGENDA PACKET FCC 17 Index. However, parcels will not be assessed until park and /or street landscaping have been installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2016 -2017 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Public Works Director City of Bakersfield S: \PROJECTS \MAINDIST \Formation Documents \Area 1 \MD 1- 118 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 0612$117 CC AGENDA PACKET FCC 171 LEGAL DESCRIPTION Area 1 -118 An area located in Section 19, Township 29, Range 27 M.D.B. & M., more particularly described as follows: SPR 15 -0114 2810 Mosasco Street Bakersfield California Containing: 0.16 Acres, more or less. i *AV :ii:1111r_1 0612$117 CC AGENDA PACKET FCC 172 I'llulm NOT TO SCALE lif -c-D ...... . ...... . ........ D ALE,Hl,,l,)'y',- EXHIBIT'S" I 06128117 CC AGENDA PACKET PG 11.5 CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 (max.) R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 0612$117 CC A EN A P, �l Ei FAG 17 MAINTENANCE DISTRICT AREA 1 -118 Said assessment is made in accordance with the benefit formula attached hereto. 2016 -2017 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D 0612$117 GG AGENDA PACKET FAG 175 Assessor's Tax No. 450 - 052 -62 Total Date: MAINTENANCE DISTRICT AREA 1 -118 ASSESSMENT ROLL FISCAL YEAR 2016 -2017 Total amount to be collected for FY (2016 -2017) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 0612$117 CC AGENDA PACKET FCC 176 Inclusion of a Subdivision into the Consolidated Maintenance District Christopher R. Cummins & Calthea M. Cummins P.O. Box 21598 Bakersfield, Ca 93390 City of Bakersfield - Public Works Department Attn: Mafian4x.-Shaw ]>A -k I iEt- -VVi i) i L-A- 1600 Truxtun Avenue Bakersfield, California 93301 RE: Inclusion of (choose one of Me following) Tfaet*lvp-*I�a���� Waiver*&. In a Consolidated Maintenance District (CMD) We, the undersigned, as owners of the property included within (ohoose one of the following) Tract Map • Parcel Map • Parcel Map Waiver * No. SPR 15-0114 hereby request that the property be included within the CMD. This request is In accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $ 87'1.€18 as required by the City to cover the costs of this inclusion into the CMD. If requested, our engineer will supply you with a computer disk copy of the map for your use. We understand that under Proposition 218 and Government Code section 53763 ("applicable law'), a City Council hearing will be held for purposes of including the above property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time parameters set forth in the applicable law. We further understand that the hearing is scheduled for 20 at 5:16 in the Council Chambers located at 1501 Truxtun Ave., Bakersfield, CA 93301. We hereby waive our right to further notice of that hearing. Respectfully, Calthea M. Cummins Christopher R. Cummins Owners 06128117 CC AGENDA PACKET PG 177 RESOLUTION OF INTENTION NO. 1927 A RESOLUTION DECLARING INTENTION TO ADD TERRITORY, AREA 4 -167 (4201 ARROW STREET) TO THE CONSOLIDATED MAINTENANCE DISTRICT, PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE PUBLIC WORKS DIRECTOR'S REPORT, THE BOUNDARIES OF THE ADDITION, THE FAIRNESS OF THE BENEFIT FORMULA, AND THE AMOUNT OF THE ASSESSMENT TO BE LEVIED AGAINST EACH PARCEL. (WARD 3) WHEREAS, Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield provides for a procedure by which the City Council may provide for the payment of the whole or any part of the costs and expenses of maintaining and operating any public improvements which are local in nature, from annual benefit assessments apportioned among the lots or parcels of property within the established Consolidated Maintenance District ( "CMD "). The assessments to be placed on parcels within this district area reflect that portion of the cost of maintenance of a public park and public street landscaping ( "special benefit ") above and beyond the basic cost of maintenance of a public park and public street landscaping throughout the City ( "general benefit "); WHEREAS, as set forth in the attached Public Works Director's Report (Exhibit 1), the property within this new district reflects that portion of the cost of maintenance of a public street landscaping and /or public park, based on the location of said improvements in or near said area, above and beyond the general benefit of parcels within the City that are not part of the CMD. Each parcel within this area will be assessed its proportionate share of special benefit based on the zoning, usage, and size of the parcel; WHEREAS, the property owner has requested the City Council to include the property within the CMD pursuant to Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, and the Public Works Director recommends addition of territory to the CMD; WHEREAS, it is the intention of the City Council of the City of Bakersfield to add territory, Area 4 -167 to the CMD, said area is generally described in Exhibit "B" attached hereto, to maintain local improvements including a public park and public street landscaping; WHEREAS, the Public Works Director has on this date filed with the Clerk of said Council his report, attached hereto and incorporated herein by reference as Exhibit 1," containing the following: a) A description of the boundary of the additional territory, attached hereto as Exhibit "A "; S: \PROJECTS\MAINDIST \Formation Documents \Area 4 \MD 4- 167 \R0I 1927 EST.docx Page 1 of 3 0612$117 CC AGENDA PACKET FCC 178 b) A map and assessment diagram of the additional territory, attached hereto as Exhibit "B "; c) The benefit formula attached hereto as Exhibit "C "; d) A budget, attached hereto as Exhibit "D," containing the matters specified in Section 13.04.130 of the Bakersfield Municipal Code; e) The amount of assessment to be levied against each parcel, attached hereto as Exhibit "E "; f) Correspondence from the property owner(s) requesting inclusion within the CMD attached hereto as Exhibit "F "; WHEREAS, the City of Bakersfield has received a letter from the owner(s) of the property described in Exhibit "B," which waives any and all hearings (whether pursuant to the Brown Act, the Bakersfield Municipal Code, or any other law) concerning the formation of and assessments for inclusion in the Consolidated Maintenance District; and NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Bakersfield, State of California, as follows: 1. The foregoing recitals are true and correct and are incorporated herein. 2. The City Council hereby preliminarily adopts and approves the Public Works Director's Report and declares that the territory within the boundaries so specified and described is the area, benefiting from said local improvements; that the expense of maintaining and operating said improvements is hereby made assessable upon said area; and that the exterior boundaries thereof are hereby specified and described to be as shown on that certain map marked Exhibit "B," entitled "Map and Assessment Diagram for Addition of Territory, to the Consolidated Maintenance District, Bakersfield, California," which map indicates by a boundary line the extent of the territory to be added to the Consolidated Maintenance District and shall govern for all details as to the extent of the addition. 3. Each parcel identified in Exhibit "E" is included in the Street Landscape and Park Zones of benefit and is assessed an amount not to exceed the amount established in Resolution No. 019 -05 per equivalent dwelling unit per year. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price Index. S: \PROJECTS\MAINDIST \Formation Documents \Area 4 \MD 4- 167 \R0I 1927 EST.docx Page 2 of 3 0612$117 CC AGENDA PACKET FCC 179 HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER RIVERA, GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN GOH MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney in ANDREW HEGLUND Deputy City Attorney Attachments: Exhibit "1" Exhibit "D" Exhibit "A" Exhibit "E" Exhibit "B" Exhibit "F" Exhibit "C" S: \PROJECTS \MAINDIST \Formation Documents \Area 4 \MD 4- 167 \ROI 1927 EST.docx Page 3 of 3 0612$117 CC ACEN A PACKET FCC 18 PUBLIC WORKS DIRECTOR'S REPORT ADDITION OF TERRITORY, AREA 4 -167 Fiscal Year 2016 -2017 Addition of territory to the Consolidated Maintenance District, as shown in Exhibit "A" is described as 4201 Arrow Street and as shown on Map and Assessment Diagram marked Exhibit "B," attached hereto and incorporated herein by reference as though fully set forth, as an area within the City of Bakersfield. Pursuant to the provisions of Chapter 13.04 of Title 13 of the Municipal Code of the City of Bakersfield, referred to as the Maintenance District Procedure, the Public Works Director makes and files this report and proposed assessment of and upon all parcels of property within the area for the cost of maintaining a public park and public street medians and other public street landscaping. The improvements generally include, but are not limited to, recreation and sports equipment including swings, slides, play structures and storage buildings; picnic facilities including tables, benches, barbecues, trash cans, drinking fountains and restrooms; irrigation system including water mains, sprinklers, fountains, and electrical wires, conduits and timers; plant forms including trees, shrubs, ground cover and turf; and sidewalks and walkways now existing or hereafter to be constructed or planted in and for said area and are of a public nature. The assessment includes the cost of necessary repairs, replacement, water, electricity, care, supervision and any and all other items necessary for the proper maintenance and operation thereof, and all additions and improvements thereto which may hereafter be made. For many years, public parks, public streets median and other public street landscaping improvements in the City were maintained through traditional tax revenues. After Proposition 13, in 1978, funds available for maintenance and operation of parks, street median and other street landscaping improvements were substantially reduced. At present, the City's budget does not allow for maintenance and operation of park and street landscaping improvements of the type described above. Thus, without funds for maintenance and operating costs from a source other than general tax revenues, the City does not permit new public parks, street median and other street landscaping improvements to be constructed within the City. Additional territory, as shown in Exhibit "E" is being added to the Consolidated Maintenance District for the maintenance of a park and public street median and other street landscaping. The area will be assigned appropriate park and street tiers in the Consolidated Maintenance District so that each parcel will be assessed the same amount as other parcels receiving a similar benefit. All parcels within this area shall be assessed an amount not to exceed that established in Resolution No. 019 -05 per equivalent dwelling unit (as that term is defined in Exhibit "C ") per parcel. In each subsequent year, annual assessments may increase by the cost of living reflected in the Los Angeles- Riverside - Orange County /All Urban Consumers Consumer Price S: \PROJECTS\MAINDIST \Formation Documents \Area 4 \MD 4- 167 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 0612$117 CC ACEN A PACKET FCC 181 Index. However, parcels will not be assessed until park and /or street landscaping have been installed. When park and /or street landscape improvements have been completed, the appropriate park and street tier levels will be assigned, but in no case shall the assessments exceed the amount established in Resolution No. 019 -05 as escalated per the above described Consumer Price Index. All parcels as described in the Benefit Formula on file with the City Clerk within the area will be affected. Sensory benefits from installing street landscaping are aesthetic enhancement and open space enjoyment. A public park will benefit all the residential lots and public median and street landscaping will benefit all the lots or parcels and will be assessed on an Equivalent Dwelling Unit basis throughout the area. The Benefit Formula is set forth herein as Exhibit "C" and attached hereto and incorporated in this resolution as though fully set forth herein. NOW THEREFORE, I, NICK FIDLER, Director of Public Works of the City of Bakersfield, by virtue of the power vested in me and the order of the Council of said City, hereby submit the Fiscal Year 2016 -2017 Budget and Assessment Roll as set forth in Exhibit "D" and Exhibit "E," respectively, attached hereto and incorporated herein as though fully set forth, upon all parcels of property within additional territory subject to be assessed to pay the cost of maintenance and operation in said area. Dated: NICK FIDLER Director of Public Works City of Bakersfield S: \PROJECTS \MAINDIST \Formation Documents \Area 4 \MD 4- 167 \PW DIRECTOR'S REPORT.docx EXHIBIT 1 0612$117 CC AGENDA PACKET FCC 182 LEGAL DESCRIPTION Area 4 -167 An area located in Section 14, Township 29, Range 27 M.D.B. & M., more particularly described as follows: S P R 16 -0369 4201 Arrow St Bakersfield California Containing: 0.87 Acres, more or less. i *AV :ii:1111r_1 0612$117 CC AGENDA PACKET FCC 183 I'llulm NOT TO SCALE E) R MAN C �Mwlffljl CONSOLIDATED MAINTENANCE DISTRICT CITY OF BAKERSFIELD BENEFIT FORMULA Each parcel joining the Consolidated Maintenance District shall be assessed the amount as defined below: Rate: Shall equal the dollar amount shown per the tier level of your zone of the Consolidated Maintenance District on Attachment A "Consolidated Maintenance District Cost per Tier" as approved by City Council Resolution 019 -15. As per the Resolution, "Said amounts shall be increased annually by the cost of living increase reflected in the Los Angeles- Riverside - Orange County / All Urban Consumers Consumer Price Index." Tier levels for both Parks and Street Landscaping in the 5 zones of the Consolidated Maintenance District are established by the Recreation and Parks Department through separate policy. Multiplied by (EDU): The number of Equivalent Dwelling Units (EDU's as defined below) for the parcel. Multiplied by (Tier): The factor for the tier level, which equals the street or tier number. This tier is assigned by the Recreation and Parks Department for the entire area of the Consolidated Maintenance District. County Fee(Tier): The County of Kern Assessors Office charges a fee for each parcel added to their fax roll. Total Assessment $_ ((Park Rate x Park Tilerl x EDUII + ((Street Rate x Street Tilerl x EDUI + (County Feel Note: Since Proposition 218 was passed in November 1996, assessment rates for areas formed prior to Proposition 218 have been frozen at their current rate. Areas formed between November 1996 and January 12, 2005 shall be assessed by the terms stated on their Proposition 218 ballot. On January 12, 2005 the city passed Resolution 19 -05 which allowed for an escalator on the maximum assessment. Any areas formed after Proposition 218 and which have ballots which include this escalator may be increased according to their ballot terms. A parcel may be added to the City of Bakersfield Consolidated Maintenance District if any of the below conditions occurs: 1. Bakersfield Municipal code 13.04.021: "It is the policy of the city to include within a maintenance district all new developments that are subject to the Subdivision Map Act and that benefit from landscaping in the public right -of -way and /or public parks. Nothing shall preclude the city from requesting formation of a maintenance district, or joining a maintenance district, as a condition of a zone change, or general plan amendment, or conditional use permit, or during site plan review where deemed necessary by the city." 2. Bakersfield Municipal Code 13.04.022 (A): "No final map or certificate of compliance for a parcel map waiver may be recorded absent establishment of a maintenance district to provide for all future maintenance of any landscaping in the public right -of -way and of any public park required as a condition of approval of the development project for the area covered by the final map or parcel map waiver." 3. City staff determines this is necessary as part of: Site Plan Review Conditions, Zone Change, a General Plan Amendment, or a Conditional Use Permit. Equivalent Dwelling Units (EDU) shall be assigned using the following policy. EDU's may also be adjusted given special conditions or agreements as necessary to adequately reflect the conditions of the site at the time of formation. Developed Parcels will be assessed by their actual units on their site as per their plans, map, or current use. Single Family Residential Parcels: 1 EDU per Parcel Mobile Home Parks: 1 EDU per Space / Lot Multifamily Residential Parcels: .71 EDU per Unit (Commercial / Industrial / Mixed Use): 6 EDU per Acre Undeveloped ground in its natural state will be assigned EDU's based on their zoning at max theoretical density as used by the City of Bakersfield Planning Dept. Those densities are: Zone EDU's per gross acre R -1 4 R -2 17.42 (max.) R -3 34.85 max. R -4 72.6 max. E 4.36 R -S 1.82 R -S -1 A 1 R- S -2.5A 0.4 R -S -SA 0.2 R -S -10A 0.1 Commercial / Industrial / Mixed Use: 6 EDU per gross acre Agricultural: 1 EDU per gross acre 0612$117 CC A EN A P, �l Ei FAG 185 MAINTENANCE DISTRICT AREA 4 -167 Said assessment is made in accordance with the benefit formula attached hereto. 2016 -2017 BUDGET Gross Budget Amount Required $0.00 (City Staff Services or Contract, Supplies, Materials and Utilities) Estimated Beginning Fund Balance(Deficit) ** Less: City Contributions NET AMOUNT TO BE ASSESSED ** Previous Years Deficits No Longer Carried Forward. $0.00 $0.00 $0.00 EXHIBIT D 0612$117 GG AGENDA PACKET FAG 186 Assessor's Tax No. 116 - 110- 23 -00 -3 Total Date: MAINTENANCE DISTRICT AREA 4 -167 ASSESSMENT ROLL FISCAL YEAR 2016 -2017 Total amount to be collected for FY (2016 -2017) $0.00 $0.00 City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield *: /:Il1.1ki4 0612$117 CC AGENDA PACKET FCC 187 Inclusion of a Subdivision into the Consolidated Maintenance District Warren A. Plaskett and Karen D. Plaskett 11638 S. Granite Road Bakersfield, CA 93308 February 3, 2017 City of Bakersfield - Public Works Department Attn: Daniel Padilla 1600 Truxtun Avenue Bakersfield, California 93301 Dear Mr. Padilla: RE: Inclusion Of APN,11&110-23 In a Consolidated Maintenance District (CMD), Site Plan Review SPR# 16-0369 We, the undersigned, as owners of the Property included within APIV lie-ijo-23 hereby request that the property be Included within the CMD. This request is in accordance with the requirements of Bakersfield Municipal Code Section 13.04.021. Enclosed is a check for $ 871.00 as required by the City to cover the costs of this inclusion into the CMD. If requested, our engineer will supply you with a computer disk copy of the map for your use. We understand that under Proposition 218 and Government Code section 53753 ("ZIPPficablO law"), a City Council hearing will be held for Purposes of including the above Property within the CMD and determining the amount of assessments. We hereby waive our right to have a hearing within the time Parameters set forth in the applicable law. We further understand that the hearing is scheduled for 0 20 at 5:15 In the Council Chambers located at 1601 Truxtun Ave., Bakersfield, CA 9373-01. We hereby waive our right to further notice of that hearing. Warren A. Plaskett Owner Karen D. Plaskett Trustee of the Warren A. and Karen D. Plaskett Living Trust dated 1989 Trustee Of the Waffen A. and Karen D. Plaskett Living Trust dated 1989 IVID 4-167 EXHIBIT F 06128117 CCAGENDA PACKET FAG 188 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Consent - Agreements m. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 6/16/2017 111-11 N 03 SUBJECT: Annual renewal of agreements with Clifford & Brown for legal services regarding general miscellaneous issues for ($75,000) and general personnel issues for ($75,000). STAFF RECOMMENDATION: Staff recommends annual renewal and approval of agreements. BACKGROUND: During the course of the year, the City is required to provide legal services to represent the City, its officers and employees with respect to various miscellaneous and personnel matters. This includes such matters as representing the City in personnel matters and advising the City in pre- litigation matters. Under the terms of our long-term contract with Clifford & Brown, they offer such services at a very reasonable hourly rate. At the end of every fiscal year, these contracts are renewed. As such, the City desires to renew its legal services with Clifford & Brown for General Miscellaneous Issues in an amount not to exceed $75,000 and General Personnel Issues in an amount not to exceed $75,000 for Fiscal Year 2017-18. ATTACHMENTS: Description D /kgireeirneintWth Cfiffoird 4 IBirown ire- Gein&4� M�sc6bineOUS �SSUes D /kgireeirneintWth Cfiffoird 4 IBirown ire- Gein&4 Peirsoinin6 °SSUes Type /kgireeirneint /kgireeirneint 06128117 CC AGENDA PACKET PG 189 AGREEMENT NO. ATTORNEY RETAINER AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a chartered municipal corporation, (referred to herein as "CITY') and CLIFFORD & BROWN (referred to herein as "ATTORNEY "). R E C I T A L S WHEREAS, it is necessary and appropriate that legal services be performed for CITY to represent CITY, its officers and employees with respect to miscellaneous matters; and WHEREAS, CITY desires to retain ATTORNEY to perform legal services on behalf of CITY with respect to the matters described below. NOW, THEREFORE, incorporating the foregoing recitals herein, the parties agree as follows: 1. SERVICES TO BE RENDERED: ATTORNEY will, as co- counsel with the Office of the City Attorney, or its designee, represent CITY in the following matter: General Miscellaneous Issues 2. COMPENSATION TO ATTORNEY. Compensation for all work, services or products called for under this Agreement shall be paid as follows: CITY shall compensate ATTORNEY for all services performed by ATTORNEY on an hourly basis in an amount of One Hundred Ninety -Five Dollars ($195) per hour. In no event shall this Agreement exceed the total amount of Seventy -Five Thousand Dollars ($75,000). ATTORNEY shall not engage in any services above or beyond this amount and CITY shall not be obligated to pay ATTORNEY for excess work, services or products beyond this amount. CITY shall pay ATTORNEY thirty (30) days after receipt and approval of billing. CITY shall pay no finance charge to ATTORNEY. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to all approved out -of- pocket costs and taxes. Prior to payment all bills shall be reviewed and approved by the City Attorney or his designee. -- Page 1 of 8 Pages - -1 0612$117 CC AGENDA PACKET FCC 190 3. REIMBURSEMENT POLICY AND BILLING REQUIREMENTS. 3.1 CITY shall reimburse ATTORNEY for the following items: 3.1.1 Deposition and transcription fees; 3.1.2 Filing fees; 3.1.3 Consultant and expert witnesses fees, when approved in advance; 3.1.4 Database Entry Costs when approved in advance 3.1.5 Faxes and mailings at actual cost; 3.1.6 Other expenses when approved in advance; 3.1.7 Meals and lodging not to exceed CITY per diem, unless approved in advance. 3.2 CITY will not reimburse ATTORNEY for staff time or overtime for secretarial, clerical or word processing costs, time spent to provide information for a fee audit or for any type of work not authorized by CITY. Data entry (database work) shall be pre- approved and separately billed. 3.3 Travel (when approved in advance) will be reimbursed as follows: Transportation at actual fare for economy or coach class, meals and lodging not to exceed CITY per diem. 3.4 All invoices for payment shall contain an itemization of all costs and fees and must be broken down monthly and shall clearly state the total fees accumulated. The following information shall be set forth accurately in, or attached to, the billing invoice: 3.4.1 Case name, court number; 3.4.2 Staffing level, hourly rate and detailed time and activity descriptions for each ATTORNEY and /or paralegal, including time spent with respect to conferences, correspondence, depositions, document filing, hearings, meetings, research, case review, travel, trials and telephone calls. Data entry to be separately billed; 3.4.3 Invoices supporting all outside costs; 3.4.4 Total fees accumulated to the date of the invoice. 4. TERM. This Agreement shall take effect on July 1, 2017, and remain in effect until June 30, 2018, unless earlier terminated as provided herein. -- Page 2 of 8 Pages - -2 0612$117 CC AGENDA PACKET FCC 191 S. ACCEPTANCE OF ASSIGNMENTS AND REPRESENTATIONS. ATTORNEY, with respect to the matter(s) assigned, represents as follows: 5.1 ATTORNEY has the expertise, support staff and facilities necessary to fully represent CITY's interests; and 5.2 ATTORNEY does not have an actual or potential interest adverse to CITY nor does ATTORNEY presently represent a person or firm with an interest adverse to CITY with respect to the matter(s) accepted; and 5.3 ATTORNEY shall diligently provide such legal services as are necessary in a professional, timely manner upon the terms and conditions as set forth herein. 6. REPORTING REQUIREMENTS. ATTORNEY shall provide to the City Attorney, or designee, appropriate reports as requested by CITY. 7. 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. 8. NEGATION OF PARTNERSHIP. CITY shall not become or be deemed a partner or joint venturer with ATTORNEY or associate in any such relationship with ATTORNEY by reason of the provisions of this Agreement. ATTORNEY shall not for any purpose be considered an agent, officer or employee of CITY. 9. INSURANCE. In addition to any other insurance or bond required under by this Agreement, ATTORNEY shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements" herein): 9.1 Professional liability insurance providing coverage on claims made basis for errors and omissions with limits of not less than One Million Dollars ($1,000,000) aggregate; and -- Page 3 of 8 Pages - -3 0612$117 CC AGENDA PACKET FCC 192 9.2 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: 9.2.1 Provide coverage for owned, non -owned and hired autos. 9.3 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 and additional insured endorsement in favor of CITY, its mayor, council, officers, agents, employees and volunteers. 9.4 Except for workers' compensation, insurance is to be placed with insurers with a Bests' rating of no 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 Bests' A -:VII, must be declared prior to execution of this Agreement and approved by CITY in writing. 9.5 All policies shall contain an endorsement providing CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 9.6 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 CITY. 9.7 The ATTORNEY 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. 9.8 Unless otherwise approved by CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for ATTORNEY. -- Page 4 of 8 Pages - -4 0612$117 CC AGENDA PACKET FCC 193 10. TERMINATION. Either party may terminate this Agreement upon five (5) days written notice. ATTORNEY shall, upon termination, forthwith deliver to new counsel as directed by the City Attorney a Substitution of Attorney form signed by ATTORNEY. CITY may terminate this Agreement immediately without notice upon determining that such action is necessary to protect the interests of CITY. 11. OWNERSHIP AND INSPECTION OF FILES. All files, pleadings, reports, documents and other items remitted to ATTORNEY pursuant to this Agreement are and shall remain the property of CITY and shall be returned to CITY upon full completion of each matter after the time for appeal has run. During the pendency of the case remitted, all billing, invoice, time and other non - privileged portions of the file shall be made available for inspection by the Finance Director and Internal Auditor of CITY or other person designated by the City Attorney at all reasonable times. It is understood and agreed during the pendency of any conflict representation case, physical possession of the file shall remain with ATTORNEY who shall hold inviolate the confidences of client as required by law. Should this Agreement be terminated, the files shall be returned to CITY with all privileged materials appropriately sealed for transmittal to successor attorney of record for client. 12. 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: OFFICE OF THE CITY ATTORNEY CITY OF BAKERSFIELD 1600 Truxtun Avenue, 4t" Floor Bakersfield, CA 93301 Telephone: (661) 326 -3721 Facsimile: (661) 325 -9162 ATTORNEY: CLIFFORD & BROWN 1430 Truxtun Avenue, Suite 900 Bakersfield, CA 93301 Telephone: (661) 322 -6023 Facsimile: (661) 322 -3508 13. 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. -- Page 5 of 8 Pages - -5 0612$117 CC AGENDA PACKET FCC 194 14. 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 and signed by all the parties. 15. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to this Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 16. 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. 17. TIME. Time is of the essence of this Agreement. 18. ACCOUNTING RECORDS. ATTORNEY shall maintain accurate accounting records and other written documentation pertaining to the costs incurred in performance of this Agreement. Such records and documentation shall be kept at ATTORNEY's office during the period 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. 19. 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. 20. CORPORATE AUTHORITY. Each individual executing this Agreement represents and warrants they are duly authorized to execute and deliver this Agreement on behalf of the corporation or organization, if any, named herein, and this Agreement is binding upon said corporation or organization in accordance with its terms. 21. 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. -- Page 6 of 8 Pages - -6 0612$117 CC AGENDA PACKET FCC 19.E 22. TAX NUMBERS. ATTORNEY's Federal Tax Identification No. 95- 3287321 ATTORNEY is a corporation? Yes X No (Please check one.) 23. 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. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written. CITY OF BAKERSFIELD ( "CITY ") By: KAREN GOH Mayor CLIFFORD & BROWN ( "ATTORNEY ") By: PATRICK J. OSBORN Treasurer Additional Signatures on Following Page -- Page 7 of 8 Pages - -7 0612$117 CC AGENDA PACKET FCC 196 APPROVED AS TO FORM: VIRGINIA GENNARO City ATTORNEY By: VIRGINIA GENNARO City Attorney Insurance: COUNTERSIGNED: NELSON SMITH Finance Director VG:ac -- Page 8 of 8 Pages - -8 0612$117 CC AGENDA PACKET FCC 197 AGREEMENT NO. ATTORNEY RETAINER AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a chartered municipal corporation, (referred to herein as "CITY') and CLIFFORD & BROWN (referred to herein as "ATTORNEY "). R E C I T A L S WHEREAS, it is necessary and appropriate that legal services be performed for CITY to represent CITY, its officers and employees with respect to personnel matters; and WHEREAS, CITY desires to retain ATTORNEY to perform legal services on behalf of CITY with respect to the matters described below. NOW, THEREFORE, incorporating the foregoing recitals herein, the parties agree as follows: 1. SERVICES TO BE RENDERED: ATTORNEY will, as co- counsel with the Office of the City Attorney, or its designee, represent CITY in the following matter: General Personnel Issues 2. COMPENSATION TO ATTORNEY. Compensation for all work, services or products called for under this Agreement shall be paid as follows: CITY shall compensate ATTORNEY for all services performed by ATTORNEY on an hourly basis in an amount of One Hundred Ninety -Five Dollars ($195) per hour. In no event shall this Agreement exceed the total amount of Seventy -Five Thousand Dollars ($75,000). ATTORNEY shall not engage in any services above or beyond this amount and CITY shall not be obligated to pay ATTORNEY for excess work, services or products beyond this amount. CITY shall pay ATTORNEY thirty (30) days after receipt and approval of billing. CITY shall pay no finance charge to ATTORNEY. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to all approved out -of- pocket costs and taxes. Prior to payment all bills shall be reviewed and approved by the City Attorney or his designee. -- Page 1 of 8 Pages - -1 0612$117 CC AGENDA PACKET FCC 198 3. REIMBURSEMENT POLICY AND BILLING REQUIREMENTS. 3.1 CITY shall reimburse ATTORNEY for the following items: 3.1.1 Deposition and transcription fees; 3.1.2 Filing fees; 3.1.3 Consultant and expert witnesses fees, when approved in advance; 3.1.4 Database Entry Costs when approved in advance 3.1.5 Faxes and mailings at actual cost; 3.1.6 Other expenses when approved in advance; 3.1.7 Meals and lodging not to exceed CITY per diem, unless approved in advance. 3.2 CITY will not reimburse ATTORNEY for staff time or overtime for secretarial, clerical or word processing costs, time spent to provide information for a fee audit or for any type of work not authorized by CITY. Data entry (database work) shall be pre- approved and separately billed. 3.3 Travel (when approved in advance) will be reimbursed as follows: Transportation at actual fare for economy or coach class, meals and lodging not to exceed CITY per diem. 3.4 All invoices for payment shall contain an itemization of all costs and fees and must be broken down monthly and shall clearly state the total fees accumulated. The following information shall be set forth accurately in, or attached to, the billing invoice: 3.4.1 Case name, court number; 3.4.2 Staffing level, hourly rate and detailed time and activity descriptions for each ATTORNEY and /or paralegal, including time spent with respect to conferences, correspondence, depositions, document filing, hearings, meetings, research, case review, travel, trials and telephone calls. Data entry to be separately billed; 3.4.3 Invoices supporting all outside costs; 3.4.4 Total fees accumulated to the date of the invoice. 4. TERM. This Agreement shall take effect on July 1, 2017, and remain in effect until June 30, 2018, unless earlier terminated as provided herein. -- Page 2 of 8 Pages - -2 0612$117 CC AGENDA PACKET FCC 199 S. ACCEPTANCE OF ASSIGNMENTS AND REPRESENTATIONS. ATTORNEY, with respect to the matter(s) assigned, represents as follows: 5.1 ATTORNEY has the expertise, support staff and facilities necessary to fully represent CITY's interests; and 5.2 ATTORNEY does not have an actual or potential interest adverse to CITY nor does ATTORNEY presently represent a person or firm with an interest adverse to CITY with respect to the matter(s) accepted; and 5.3 ATTORNEY shall diligently provide such legal services as are necessary in a professional, timely manner upon the terms and conditions as set forth herein. 6. REPORTING REQUIREMENTS. ATTORNEY shall provide to the City Attorney, or designee, appropriate reports as requested by CITY. 7. 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. 8. NEGATION OF PARTNERSHIP. CITY shall not become or be deemed a partner or joint venturer with ATTORNEY or associate in any such relationship with ATTORNEY by reason of the provisions of this Agreement. ATTORNEY shall not for any purpose be considered an agent, officer or employee of CITY. 9. INSURANCE. In addition to any other insurance or bond required under by this Agreement, ATTORNEY shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements" herein): 9.1 Professional liability insurance providing coverage on claims made basis for errors and omissions with limits of not less than One Million Dollars ($1,000,000) aggregate; and -- Page 3 of 8 Pages - -3 0612$117 CC AGENDA PACKET FCC 200 9.2 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: 9.2.1 Provide coverage for owned, non -owned and hired autos. 9.3 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 and additional insured endorsement in favor of CITY, its mayor, council, officers, agents, employees and volunteers. 9.4 Except for workers' compensation, insurance is to be placed with insurers with a Bests' rating of no 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 Bests' A -:VII, must be declared prior to execution of this Agreement and approved by CITY in writing. 9.5 All policies shall contain an endorsement providing CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 9.6 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 CITY. 9.7 The ATTORNEY 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. 9.8 Unless otherwise approved by CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for ATTORNEY. -- Page 4 of 8 Pages - -4 0612$117 CC AGENDA PACKET FCC 201 10. TERMINATION. Either party may terminate this Agreement upon five (5) days written notice. ATTORNEY shall, upon termination, forthwith deliver to new counsel as directed by the City Attorney a Substitution of Attorney form signed by ATTORNEY. CITY may terminate this Agreement immediately without notice upon determining that such action is necessary to protect the interests of CITY. 11. OWNERSHIP AND INSPECTION OF FILES. All files, pleadings, reports, documents and other items remitted to ATTORNEY pursuant to this Agreement are and shall remain the property of CITY and shall be returned to CITY upon full completion of each matter after the time for appeal has run. During the pendency of the case remitted, all billing, invoice, time and other non - privileged portions of the file shall be made available for inspection by the Finance Director and Internal Auditor of CITY or other person designated by the City Attorney at all reasonable times. It is understood and agreed during the pendency of any conflict representation case, physical possession of the file shall remain with ATTORNEY who shall hold inviolate the confidences of client as required by law. Should this Agreement be terminated, the files shall be returned to CITY with all privileged materials appropriately sealed for transmittal to successor attorney of record for client. 12. 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: OFFICE OF THE CITY ATTORNEY CITY OF BAKERSFIELD 1600 Truxtun Avenue, 4t" Floor Bakersfield, CA 93301 Telephone: (661) 326 -3721 Facsimile: (661) 325 -9162 ATTORNEY: CLIFFORD & BROWN 1430 Truxtun Avenue, Suite 900 Bakersfield, CA 93301 Telephone: (661) 322 -6023 Facsimile: (661) 322 -3508 13. 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. -- Page 5 of 8 Pages - -5 0612$117 CC AGENDA PACKET FCC 202 14. 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 and signed by all the parties. 15. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to this Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 16. 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. 17. TIME. Time is of the essence of this Agreement. 18. ACCOUNTING RECORDS. ATTORNEY shall maintain accurate accounting records and other written documentation pertaining to the costs incurred in performance of this Agreement. Such records and documentation shall be kept at ATTORNEY's office during the period 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. 19. 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. 20. CORPORATE AUTHORITY. Each individual executing this Agreement represents and warrants they are duly authorized to execute and deliver this Agreement on behalf of the corporation or organization, if any, named herein, and this Agreement is binding upon said corporation or organization in accordance with its terms. 21. 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. -- Page 6 of 8 Pages - -6 0612$117 CC AGENDA PACKET FCC 203 22. TAX NUMBERS. ATTORNEY's Federal Tax Identification No. 95- 3287321 ATTORNEY is a corporation? Yes X No (Please check one.) 23. 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. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written. CITY OF BAKERSFIELD ( "CITY ") CLIFFORD & BROWN ( "ATTORNEY ") By: KAREN GOH PATRICK J. OSBORN Mayor Treasurer Additional Signatures on Following Page -- Page 7 of 8 Pages - -7 0612$117 CC AGENDA PACKET FCC 204 APPROVED AS TO FORM: VIRGINIA GENNARO City ATTORNEY By: VIRGINIA GENNARO City Attorney Insurance: COUNTERSIGNED: NELSON SMITH Finance Director VG:ac -- Page 8 of 8 Pages - -8 0612$117 CC AGENDA PACKET FCC 205 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Consent - Agreements n. TO: Honorable Mayor and City Council FROM: Virginia Gennaro, City Attorney DATE: 6/16/2017 111-11 N 03 SUBJECT: Agreement with Duane Morris, LLP, for Fiscal Year 2017-18 ($500,000) for legal services regarding water-related matters. STAFF RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: Since 1999, the City Attorney's Office has outsourced water-related cases, issues, and matters to the law firm of Duane Morris, LLP. Duane Morris has been under a flat rate contract that expires June 30, 2017, with Partner Colin Pearce being the lead attorney. The City Attorney's Office believes it is in the City's best interest to continue our relationship with Duane Morris as water litigation is such a highly specialized field of law. The agreement being proposed will only be for one fiscal year (FY 2017-18) and expire June 30, 2018. It provides for a flat rate contract at $500,000, which is significantly less than the previous agreement, primarily due to the resolution and future anticipated resolution of several water matters. As with other flat rate legal contracts, the City believes it may achieve a cost savings while retaining high quality legal representation, and greater stability in calculating legal fees for water related cases, issues, and matters. ATTACHMENTS: Description D Contract foir Ilega seirvkes ✓th DU/kNE IMCbRRS, I I P Type /kgireeirneint 06128117 CC AGENDA PACKET PG 206 AGREEMENT NO. 2017/2018 ATTORNEY RETAINER AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a chartered municipal corporation, (referred to herein as "CITY ") and DUANE MORRIS (referred to herein as "ATTORNEY ") . R E C I T A L S WHEREAS, CITY has, since 1999, retained ATTORNEY on a number of water related cases involving the CITY; and WHEREAS, such an arrangement benefits CITY by allowing CITY to predict its financial obligations more accurately, and by achieving a cost savings while retaining experienced trial counsel; and, WHEREAS, CITY desires to retain ATTORNEY, primarily Colin Pearce and extend their professional relationship beyond fiscal year 2016/2017 for an additional fiscal year beginning July 1, 2017 and ending June 30, 2018; and, WHEREAS, effective July 1, 2017, this Agreement will replace Agreement No. 14 -100 in its entirety. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and ATTORNEY (collectively referred to herein as "parties "), agree as follows: 1. SERVICES TO BE RENDERED: ATTORNEY will, as co- counsel with the Office of the City Attorney, or its designee, represent CITY in the water related cases and issues (herein collectively referred to as "matters ") in Exhibit "A" for one (1) fiscal year. Said representation shall be handled primarily by Colin Pearce unless agreed to otherwise by ATTORNEY and CITY. 2. COMPENSATION TO ATTORNEY. 2.1. CITY shall compensate ATTORNEY for all legal services performed on matters in Exhibit "A" for fiscal year 2017/2018 at a flat amount of Five Hundred Thousand Dollars ($500,000.00) and reimburse ATTORNEY for all proper costs incurred on behalf of CITY as set forth herein. ATTORNEY shall not be reimbursed for ATTORNEY's travel time unless approved in advance by CITY. -- Page 1 of 10 Pages -- 6/2$/17 CC AGENDA PACKET FCC 207 2.2. CITY shall make a payment of $20,000 on July 1, 2017, and twelve (12) monthly payments thereafter of $40,000, beginning July 31, 2017, through June 30, 2018, upon submission of an invoice by ATTORNEY. CITY shall pay no finance charge to ATTORNEY. 2.3. In the event of early termination of this Agreement ATTORNEY shall be paid for all work performed by the number of weeks which have expired on the contract; that is, if one half of the contract time has expired ATTORNEY shall receive one -half of the total amount due. If the time under any one week of the contract has exceeded 3 working days (Monday through Friday) before written notice of termination is received, ATTORNEY shall receive the payment for that week, and no payment for that week if written notice was received before the 3rd day of the week. 2.4. For matters not listed in Exhibit "A ", City and Attorney may execute a separate contract for legal services on an hourly or otherwise negotiated basis. 2.5. For matters dealing with the State Water Resources Control Board (SWRCB), ATTORNEY shall spend no more than One Hundred (100) hours under the flat rate amount identified herein. If more hours are requested by CITY for that matter, CITY and ATTORNEY may execute a separate contract for legal services on an hourly or otherwise negotiated basis. 2.6. Matters dealing with "on -going water issues /advice" include items currently NOT in litigation and NOT anticipated to lead to litigation. If ATTORNEY provides advice on an issue that evolves into litigation, the parties may execute a separate contract for legal services on an hourly or otherwise negotiated basis related to that matter. CITY 3. REIMBURSEMENT POLICY AND BILLING REQUIREMENTS. 3.1. CITY shall reimburse ATTORNEY for all out of pocket and necessary costs, including but not limited to, the following items: 3.1.1. Deposition and transcription fees. 3.1.2. Filing fees. 3.1.3. Consultant and expert witnesses fees, when approved in advance. 3.1.4. Other expenses when approved in advance. 3.1.5. CITY will not reimburse ATTORNEY for staff time or overtime for secretarial, clerical or word processing costs, legal research costs, time spent to provide information for a fee audit, for work or travel time not authorized by CITY. -- Page 2 of 10 Pages -- 6/2$/17 CC AGENDA PACKET FCC 208 3.1.6. ATTORNEY is not expected to send detailed statements to CITY for matters handled under the cost cap. 3.1.7. ATTORNEY shall submit to CITY one monthly invoice itemizing each matter and the costs advanced, if any, for each case. CITY will pay such invoice promptly, but in no event, later than 30 days after receipt of said invoice. 3.2. For all matters, ATTORNEY will advance external costs to be paid by CITY up to $500.00. All external costs of $500.00 or more may be billed to CITY and CITY agrees to pay same within thirty (30) days unless there is a dispute with the vendor. In the event of a dispute, CITY shall notify ATTORNEY of the dispute and CITY agrees to indemnify and hold ATTORNEY harmless from any cost or expense arising from CITY's dispute with vendor. 3.3. If necessary, CITY shall deposit $10,000.00 with ATTORNEY's Trust Fund Account to be used for the payment of consultant and expert fees as set forth in Section 3.1.3 above. ATTORNEY shall send CITY a monthly accounting of said Trust Fund Account. This Trust Fund Account will be replenished at any time it drops below $2,500. 4. TERM. This Agreement shall take effect July 1, 2017, and remain in effect through June 30, 2018, unless earlier terminated or extended by the parties. 5. ACCEPTANCE OF ASSIGNMENTS AND REPRESENTATIONS. ATTORNEY, with respect to the case hereby assigned, represents as follows: 5.1. ATTORNEY has the expertise, support staff and facilities necessary to fully represent CITY'S interest in the litigation described herein. 5.2. ATTORNEY does not have an actual or potential interest adverse to CITY nor does ATTORNEY presently represent a person or firm with an interest adverse to CITY with respect to the matter accepted. 5.3. ATTORNEY shall diligently provide such legal services as are necessary in a professional, timely manner upon the terms and conditions as set forth herein. 5.4. ATTORNEY and CITY agree that in the event of a potential or actual conflict between CITY and a long term client of ATTORNEY, where said conflict will not have a significant adverse impact on CITY, CITY will not unreasonably withhold a waiver of said conflict. -- Page 3 of 10 Pages -- 6/2$/17 CC AGENDA PACKET FCC 209 6. REPORTING REQUIREMENTS. ATTORNEY shall provide to the City Attorney, or designee, appropriate reports. All reports, oral or written, must be directed to the City Attorney, or designee, marked confidential (if written) and treated as confidential at all times. Reports shall be done in substantially the following manner: 6.1. Case Status Reports. ATTORNEY shall submit, upon request of the City Attorney, case status reports updating CITY on relevant aspects of the case. This requested Status report shall be detailed. If requested by CITY, ATTORNEY shall also submit a summary status report on all cases no less than once every sixty (60) days in a form to be agreed to between the parties. The summary reports are not meant to be a detailed analysis of each case, but rather serve as an alert to the City Attorney about the most recent events in the matter and what follow up may be expected. 6.2. Settlement Proposals. ATTORNEY shall notify the City Attorney of any settlement proposal received whether such proposal is oral or in writing. Oral reports of settlement demands will be followed as soon as practical by a written confirmation of the demand. When time allows, offers or counteroffers to be initiated by ATTORNEY shall be in writing and contain the details of the proposal along with ATTORNEY'S recommendation and be submitted to the City Attorney for approval prior to communicating any such offer or counteroffer to other parties. ATTORNEY understands offers and counteroffers may require City Council approval. 6.3. Closing Report. In the event this Agreement is terminated as set forth herein or for any reason ATTORNEY is to no longer represent CITY with respect to the matter, ATTORNEY shall submit a report describing the status of each assigned matter, listing future court dates and other pertinent dates and setting forth any other information needed by another attorney to handle the matter. The Closing Report will be expeditiously submitted, together with necessary executed Substitutions of Attorneys, to new counsel as directed by the City Attorney. 6.4. Oral Reports. ATTORNEY shall immediately report orally to the City Attorney in person or by telephone any event or discovery which is of an urgent nature or requires the immediate attention of CITY. When requested, ATTORNEY shall follow up such oral report with a written summary reiterating such event or discovery. ATTORNEY shall immediately advise the City Attorney in writing if an actual or potential conflict of interest arises or is discovered. -- Page 4 of 10 Pages -- 6/2$/17 CC AGENDA PACKET FCC 21 6.5. Reports to City Council. ATTORNEY shall be prepared to give oral reports to the City Council on any assigned case upon reasonable notice from the City Attorney. Such reports are normally given in closed session after 5:00 PM on Wednesdays at City Hall. ATTORNEY shall be prepared at such times to give a full report including recommendations to the City Council and answer questions from the City Council members. ATTORNEY shall confer with the City Attorney prior to any such report to the City Council and be prepared to discuss the report with the City Attorney prior to the presentation. 7. 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. 8. NEGATION OF PARTNERSHIP. CITY shall not become or be deemed a partner or joint venturer with ATTORNEY or associate in any such relationship with ATTORNEY by reason of the provisions of this Agreement. ATTORNEY shall not for any purpose be considered an agent, officer or employee of CITY. 9. INSURANCE. In addition to any other insurance or bond required under by this Agreement, ATTORNEY shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements" herein): 9.1. Professional liability insurance providing coverage on claims made basis for errors and omissions with limits of not less than One Million Dollars ($1,000,000) aggregate; and 9.2. 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 ($1,000,000) per occurrence; and the policy shall: 9.2.1. Provide coverage for owned, non -owned and hired autos. -- Page 5 of 10 Pages -- 6/2$/17 CC AGENDA PACKET FCC 211 9.3. 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 and additional insured endorsement in favor of CITY, its mayor, council, officers, agents, employees and volunteers. 9.4. Except for workers' compensation, insurance is to be placed with insurers with a Bests' rating of no 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 Bests' A -:VII, must be declared prior to execution of this Agreement and approved by CITY in writing. 9.5. All policies shall contain an endorsement providing CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 9.6. 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 CITY. 9.7. The ATTORNEY shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required, copies of which are attached hereto as Exhibit "B." The CITY may withdraw its offer of contract or cancel this contract without obligation if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. 9.8. Unless otherwise approved by CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for ATTORNEY. 10. TERMINATION. Either party may terminate this Agreement upon thirty (30) days written notice. ATTORNEY shall, upon termination, forthwith deliver to new counsel as directed by the City Attorney a Substitution of Attorney form signed by ATTORNEY. CITY may terminate this Agreement immediately without notice upon determining that such action is necessary to protect the interests of CITY. 11. OWNERSHIP AND INSPECTION OF FILES. All files, pleadings, reports, documents and other items remitted to ATTORNEY pursuant to this Agreement are and shall remain the property of CITY and shall be returned to CITY upon full completion of each matter after the time for appeal has run. During the -- Page 6 of 10 Pages -- 6/2$/17 CC AGENDA PACKET FCC 212 pendency of the case remitted, all billing, invoice, time and other non - privileged portions of the file shall be made available for inspection by the Finance Director and Internal Auditor of CITY or other person designated by the City Attorney at all reasonable times. It is understood and agreed during the pendency of any conflict representation case, physical possession of the file shall remain with ATTORNEY who shall hold inviolate the confidences of client as required by law. Should this Agreement be terminated, the files shall be returned to CITY with all privileged materials appropriately sealed for transmittal to successor attorney of record for client. 12. 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: OFFICE OF THE CITY ATTORNEY CITY OF BAKERSFIELD 1600 Truxtun Avenue, 41h Floor Bakersfield, CA 93301 Telephone: (661) 326 -3721 Facsimile: (661) 852 -2020 ATTORNEY: COLIN L. PEARCE, ESQ. DUANE MORRIS LLP Spear Tower, Suite 2200 One Market Plaza San Francisco, CA 94105-1127 Telephone: (415) 957 -3000 Facsimile: (415) 957 -3001 13. 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. 14. 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. 15. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to this Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. -- Page 7 of 10 Pages -- 6/2$/17 CC AGENDA PACKET FCC 213 16. 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. 17. TIME. Time is of the essence of this Agreement. 18. ACCOUNTING RECORDS. ATTORNEY shall maintain accurate accounting records and other written documentation pertaining to the costs incurred in performance of this Agreement. Such records and documentation shall be kept at ATTORNEY'S office during the period 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. 19. 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. 20. CORPORATE AUTHORITY. Each individual executing this Agreement represents and warrants they are duly authorized to execute and deliver this Agreement on behalf of the corporation or organization, if any, named herein, and this Agreement is binding upon said corporation or organization in accordance with its terms. 21. 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. 22. TAX NUMBERS. ATTORNEY'S Federal Tax Identification No. 23- 392502 ATTORNEY is a corporation? Yes X No (Please check one.) 23. COMPLIANCE WITH ALL LAWS. ATTORNEY shall, at ATTORNEY =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. -- Page 8 of 10 Pages -- 6/2$/17 CC AGENDA PACKET FCC 21 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first above written. CITY OF BAKERSFIELD ( "CITY ") KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City ATTORNEY By: VIRGINIA GENNARO City Attorney Insurance: COUNTERSIGNED: By: NELSON SMITH Finance Director VG:ac:dll Attachments: Exhibit "A" - List of Legal Matters Exhibit "B" - Certificates of Insurance DUANE MORRIS ( "ATTORNEY ") COLIN L. PEARCE Partner -- Page 9 of 10 Pages -- 6/2$/17 CC AGENDA PACKET FCC 21.E EXHIBIT "A" LIST OF LEGAL MATTERS State Water Resources Control Board KMG: A31674 proceeding on City's application to appropriate. 2. Kern River EIR CEQA Actions Tulare County Case Nos. VCU- 251748 consolidated w/VCU- 251598, VCU - 251 535 & VCU- 268399) 3. North Kern Wafer Storage District v. City of Bakersfield, of al (Ventura County Case No. 56 -201 1- 00408712- CU- CO -VTA 4. Riverwatch claim 5. City of Bakersfield v. Buena Vista & Rosedale -Rio Bravo KCSC Case No. S- 1500-CV- 278634 -EJB (McAllister Ranch Case) 6. City of Bakersfield v. California Wafer Supply Company (Intervenor) Application to CPUC #17-04-006 7. Ongoing water department questions, advice. Exhibit "A" 0612$117 CC AGENDA PACKET FCC 216 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Consent - Agreements o. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 6/7/2017 iTiff-11 1.1 SUBJECT: Final Map and Improvement Agreement with Castle & Cooke California, Inc., for Tract 7300, Unit 1 located South of Ming Avenue and North of The Kern River Canal. STAFF RECOMMENDATION: Staff recommends approval of the map and agreement. BACKGROUND: Per Bakersfield Municipal Code Chapter 16, "Subdivisions," Tentative Tract Map 7300, Unit 1 was conditioned by the Planning Commission to require the construction of certain improvements within and adjacent to the tentative tract map, which include, but are not limited to, streets, sewer, walls, and storm drain on or adjacent to the property being subdivided. If these improvements are not completed when the developer, Castle & Cooke California, Inc., wishes to record a portion of the tentative tract map (through a final map), the developer must execute an improvement agreement through which the developer agrees to complete the construction of the improvements within one year of the date the agreement is executed. The City Engineer may extend the time to complete the improvements upon request. Certificates of Occupancy or final inspections will not be allowed for any building within the bounds of the final map until these required improvements are completed and accepted by the City and a Notice of Completion for the improvements is recorded. Staff has completed the review of the final map submitted by the developer, and recommends the Council approve the map. In addition, the Improvement Agreement outlining the developer's responsibilities for onsite infrastructure improvements, which typically accompanies approval of the final map, is also included and recommended for approval. ATTACHMENTS: Description D 'flrac A 7300 UiNtl Ia.I D 'flrac A 7300 UiNtl /kgireeirneint Type BackU IMateir4� /kgireeirneint 06128117 CC AGENDA PACKET PG 217 EXHIVT 'C" SAME almor 3 ,M., ., i H 7N J �J fill A —7300-11 Castle & Cooke Calitomia Inc mw WLNR A - Krum ;azkw- VESTM MffATWE TM—OT No 7N J �J fill A .. . ... .... I —Lj L�- , 1'r-1- I T'1 -71' A 4C Nil M C/) d il z 2 0 4 > z i m Ry h1 > z ry n0. '0 -4, CO 06128117 CCAGENDA PACKET PG 218 A 06128117 CCAGENDA PACKET PG 218 M This IMPROVEMENT AGREEMENT ("Agreement") is entered into on and effective as of ......_ (the "Effective Date"), and between by the CITY OF BAKERSFIELD, a municipal corporation ("City") and CASTLE & COKE CALIFORNIA, INC., a corporation authorized to, do blusiness in California ""l Developer") . WHEREAS, Developer is developing and subdividing land 'in the City of Bakersfield, commonly referred to as Tract 7300, Phase I (the "Project"), under the provisions of the Subdivision, Map Act (Govt. Code § § 66410 et seq.) ("Map Act"),, and the Subdivision Ordinance of City (Title 16 of the Bakersfield Mulnicipal Code ("BM C")) ("Ordinance"),- WHEREAS, City's Planning i ommission, ain advisory agency, has approved Developer's tentative map subject to certain approved exceptions and conditions; and WHEREAS, Developer has submitted its final ir-nap to City for approval in, accordance with the Map Act and the Ordinance and desires to enter into this Agreement with City to complete the required improvement work In the Project within the time and in the manner provided herein. AGREEMENT Incorporating herein the above recitals, City and Developer agree as follows: 1. IMPROVEMENTS TO BE CONSTRUCTED. Developer will construct in the Project, at its sole cost and expense, those facilities and Improvements (herein collectively referred to as "Improvements") required by 3MC Sections 16.32.060 or Section 16.32.080, whichever is applhcab'le, required in the resolution adopted by the City Planning Commission on August 4, 201 6,, and/or required in a resolution extending the expiration of the tentative map, If applicable. The Planning Commission's resolution and the resolution extending the expiration of the tentative map, if appticable, (-.�\CWOtIPDAI\A(-'�RF,,FME.�4FS\'�O I/ PW AGREWUW\17300 � MPA(�R Page I of 14 06128117 CC AGENDA PACKET PG 219 are on file in the City Planning Department and incorporated in this Agreement as though fully set forth herein. 2. MANNER OF CONSTRUCTION. The Improvements mu�st be installed and constructed in accordance with all olf the following: 2.1. Title 16 of the BMC; 2,2. The Map Act,* 2,.3. Plans, specifications, profiles, and standards approved by City Engineer (when used in this Agreement, "City Engineer" also refers to City Engineer's designee),; 2.4. Adopted City standards, and 2.5. Good engineering practices and workmanlike manner, fall Improvements, will be subject to inspection by City Engineer and must be completed to City's satisfaction before the Improvements will be accepted by City. 3. TIME FOR COMPLETION, A111 of the Improvements must be fully completed in accordance with the terms of this Agreement to the satisfaction of City Engineer within one year from the Effective Date unless City Engineer grants an extension of the fime for completion. 4. RECORDING OF NOTICE OF COMPLETION; ISSUANCE OF CERTIFI!QATES OF OCCUPANCY: FINAL 1,NSPECTIONS. 41. When Developer notifies, City Engineer that Developer has completed construction of the Improvements, City Engineer will conduct an inspection of the Improvements and notify Developer of any deficiencies in the Improvements. 4.2. When Developer corrects the deficiencies, if any, in the improvements to City Engineer's satisfaction, City Eniginleer will accept the Improvements. 4.3. After the Improvements are accepted by City Engineer, City will record a notice of completion (the "NOC") once Developer provides City Engineer with relevant items identified on the Checklist for Notice of Completion, attached hereto as Exhibit A and (�\("ROIJPDA�\A(�R�'I't,41ENTS\201 / PW AGREEMENIM/300-1 NP AGR Page 2 of 14 06128117 CC AGENDA PACKET PG 220 incorporated herein by this reference. 4.4. City Building Director will:l not conduct a final inspection or 'issue any certificates of occupancy to Developer for any lot within the phase' covered by this Agreement (the "Covered Phase " ") until City records the NOC. 5. GUARANTEE AGAINST DEFECTS. Developer hereby guarantees all features of the Improvements against defective work or labor done, or defective materials furnished, in the performance of this Agreement for a period of one year following recordation of the NOC, Upon City's demand, Developer will correct, repair, or replace promptly all such defective work or labor done, or defective materials furnished, as may be discovered within the one-year guarantee period'. The one-year guarantee period on private improvements will begin when the NCB C is recorded. 6. IMPROVEMENT SECURITY. 6.1, Required Security. Developer must provide acceptable security (the "Security") as detailed in Exhibit B, which is incorporated herein by reference, for the following obligations: 6.1.1. Performance of the obligations of the Agreement by a full and timely completion of the Improvements; 6,.1.2. Labor & Materials/Payment to all contractors and subcontractors and to persons renting equipment or furnishing labor or materials for the Improvements, except as provided in BMC Section 16.32,040; and 6.1.3. Warranty/Maintenance against any defective work or labor performed on or defective materials furnished for the Improvements for a period of one year following recordation of the NC C of the Improvements, as outlined above. 6.2. Acceptabig Security. City Engineer has the sole discretion to determine which of the following forms of Security is acceptable: 6.21. A bond or bonds by one or more duly authorized corporate sureties that substantially conforms with the form set forth in Government Code Section 66499.1 or any successor statute; " For tracts that have no phases, the term "Covered Phase" refers to the Project, PWAGREFMW\U300-t UP AGR Page 3 of 14 06128117 CC AGENDA PACKET PG 221 6.2.2. Cash deposited with City; or 6.2.3,. An irrevocable letter of credit from one or more responsible financial institutions regulated by state or federal government and pledging that the funds are on deposit and guaranteed for payment on demand by City. 6.3 DevelloDer's Obligation to Maintain Secuir,it . It is Developer's sole responsibility to maintain the Security as follows: 6.3.1 Developer must provide City with the original Security docurnentation, for all required Security as outlined in Exhibit B. Copies of the Security documents provided by Developer are attached to this Agreement as Exhibit D. 6.3.2 Developer must ensure that all Security is current and that there is no gap in Security coverage. At least sixty days before any Security required by this Agreement expires or otherwise becomes invalid, Developer must take steps to keep the Security current or provide new Security. Any failure by Developer to comply with these provisions, will constitute a material breach of this Agreement, and City may, in addition to all other remedies, provided by law or this Agreement, immediately pursue whatever Security is available for completion of all Developer obligations under this Agreement. 6.3.3 Developer must provide City with the appropriate mailing address, phone number, State license number, if applicable, and email address for the contact person associated with each form of Security and identify the local representative and corporate headquarters of the company providing the Security ("Contact Information"). It k Developer's responsibility to ensure that City is provided with updates to any of the Contact Information. 6.4 Release of Security. The Security will be released as described in Exhibit B. 7.1. Q e,fa u It. Developer will be in default of this Agreement if City Engineer, in the exercise of reasonable discretion, determines that 7�-EE � XJN Al 7AERI-L MEN FS\2017 F AGREWFINM/300 I IMP AGR Page 4 of 14 06128117 CC AGENDA PACKET PG 222 any of the following exist: 7.1.1. Developer has failed to properly and fully complete all of the Improvements in accordance with this Agreement within the time, or any extension of time, provided herein; 7.1.2. Developer has failed or neglected to begin the Improvements, or any feature of the Improvements,, within a time which will reasonably allow their completion within the time, or any extension of time, provided! !in this Agreement; 7.1.3,. Developer has abandoned any of the work on the improvements', 7.1.4. Developer, if an individual, has been declared incompetent or placed under the care of a guardian or conservator, or has disappeared, 7.1.5. Developer is subject to a voluntary or involuntary petition in bankruptcy or has been declared bankrupt 7.1.6. Developer changes the form of its business entity to a form different than the one identified in the introductory paragraph above; or 7.1.7. Developer or owner of the Project transfers ownership of the Project. 7.2. Remedies. If Developer is in default of this Agreement, City may, in its sole discretion, immediately exercise any of the following remedies without prejudice to any other remedy City imay have in law or equity: 7.2.1. Demand that any available surety play for the completion of the Improvements; 7.2.2. Demand that any available surety assur-ne Developer's obligations under this Agreement, in lieu of payment of the secured funds; 7.2.3. Provide the necessary supervision, equipment, materials, and labor as it may determine necessary, using any available means, to undertake and complete the Improvements or ainy G\GRO(ff'DAT\AGRFF-M[N1S\2017 PW AC RCS :MF1,i1'\T7300 I NPAGR Rage 5 of 14 06128117 CC AGENDA PACKET PG 223 part thereof in the manner required by this Agreement at Developer's and its surety's expense, and Developer and its surety, jointly and severally, Will be liable to City and must pay City, on demand, any expenses, costs, fees, or other expenditures incurred by City in the course thereof; 7.2.4. Combine the payment of secured funds and the completion of Developer's obligations under this Agreement by City forces, and/or ether entities; 7.2.5. Wifhhd1d the issuance of building permits or performance of inspections for any lot within the Covered Phase if the Improvements in any current or earlier phase of the tract have not been completed in a timely manner at the time Developer requests building permits or inspections for any llot within the Covered Phase; 7.2.6. Withhold the issuance of buildings permits in subsequent phases until all Improvements, in the Covered Phase are completed and: approved by City Engineer; and 7.2.7. Revert the real property to acreage. By executing this Agreement, Developer warrants that it has authority from each party having record title interest in the Project to act as such party's agent for purposes of the provisions of this subsection and to waive, and, hereby, waives any right to a hearing on such reversion. Ri ght of Entry. If City elects to exercise its right to the secured funds under this section, Developer hereby grants the right of entry to the Project to City, the surety, andl the City's and surety's designated representatives for the purposes of completion of the Improvements or evaluation of any claims on secured funds under this Agreement. It is the responsibility of City, the surety, or the City's o�r sure,ty's designated representatives to obtain any permission necessary for legal entrance to and/or construction on the Project from the Project's owner should Developer not own or have rights to the Project. It Is also the •esponsibil'ity of the surety to provide adequate insurance and comply with all regulations, permits, and ordinances, while on the Project site or before beginning any work within City's right -of' way, 8. NO WAIVER OF DEFAULT. A failure to enforce any provision of this 7 P AGIRFTMENIV73400 I IMP AGR Page 6 of 14 06128117 CC AGENDA PACKET PG 224 Agreement will not constitute a waiver of fhe right to enforce the provision of a [afer time and will not serve to vary the terms of fNs Agreement. 9. NO WAIVER BY CITY. Inspection of the work and/or materials, or approval of the work and/or materials inspected, or a statement by a:ny officer, agent, or employee of City indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of the work and/or materials, or payments therefore, or any combination of all of these acts, will not relieve Developer of the obligation to fulfill this Agreement as prescribed; nor will City be thereby estopped from bringing any action for damages arising from Developer's failure to comply with any of the terms and conditions of this Agreement. 101 Developer will indemnify, defend, and hold harmless C4Y and its Council, officers, agents, and employees against any and all liability, claims,, actions, causes of action, or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by Developer or Developer's employees, agents, independent contractors, or companies in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by City, except as limited by California Civil Code Section 2782 or caused by City's sole active negligence or willful misconduct. 10.2 Developer, at its own cost,, expense, and risk must defend all legal proceedings that may be brought against City or its Council, officers, agents, or employees, on any liability, suit, claim, or demand that Developer has agreed to indleirnnify them against herein, and' must satisfy any resulting judgment that may be rendered against any of them. 10.3 Developer's surety proAding the Performance Security will not be deemed liable under any of the foregoing provisions of this section, unless, the surety undertakes the completion of any of the Improvements or the conduct of work required to be done under this Agreement, and then only to the extent of any act, omission, or neglect of the surety or its engineers, employees, agents, contractors, or subcontractors in the course of the completion of those Improvements or the conduct of that work by the surety. C.1\GROLi I'l.)AQ\AC,RELMf;NnS\2017 PW AGREEMIM\T7300-1 NPAGIR Page 7 of 14 06128117 CC AGENDA PACKET PG 225 In addition to any other insurance or Security required under this Agreement, Developer, must procure and maintain, for the duraflon of this Agreer-nenf, the types and limifs, of insurance below ("Basic Insurance Requirements"'). Automobile 11abilitiv Insurance, providing coverage for owned, non- owned, and hired autos on an occurrence basis for bodily 'injury, including death, of one or more persons, property damage, and persona[ injury, with limits of not less than $1,000,000, pier occurrence. 11.1.2. Commercial aenerall liability insurance, unless otherwise approved by City's Risk Monager, providing coverage on an occurrence basis for bodily injury, including death, of oiine or more persons, property damage, and personal injury, with limits, of not less than $1,000,000i per occurrence. The policy must: 11.1.2.1. Provide contractual liability coverage for the terms of this Agreement; 11.1.2.2. Provide unlimited products and completed operations, coverage: 11.1.2.3. Provide premises, operations,, and mobile equipment coverage; and 11.1,2.4. Contain an additional insured endorsement in favor of City and its mayor, council, officers, agents, employees, and designated volunteers. 11.1.3. Workers compensation Insurance with limits of not less than $1,0�00,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees,. Pursuant to Labor Code Section 1861, Developer must submit to City the following certification before beginning any work on the lmprovements; I am aware of the provisions of Section 37001 of the Labor Code which require every employer to be 7 PW AGRHMEW\173004 IMP ACA Page 8 of 14 06128117 CC AGENDA PACKET PG 226 insured against liability for worker's compensation or to undertake self - insurance in accordance with the provislions of that code, and I willl comply with such provisions before commencing the perforr'nance of the work of this contract. By executing this Agreement, Developer is submitting the certification required above. The policy must contain a waiver of subrogation in favor of City and its mayor, council, officers, agents, employees, and designated volunteers. M119MWARMUMM 11.2.1. Ali policies required of Developer must be written on a first- dollar coverage basis, or contain a deductible provision. Subject to advance approval by City, Developer may utilize a self- insured retention in any or all of the policies provided, but the policy or policies, may not contain, language, whether added by endorsement or contained in the policy conditions, that prohibits satisfacflon of any self-insured provision or requirement by anyone other than the named insured or by any means including other 'insurance or which is 'intended to defeat the Intent or protection of an additional insured. 11.2.2. All policies required of Developer must be primary Insurance as to City and its mayor, council, oifficers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by City and its imayor, council, officers, agents, employees, and designated volunteers must be excess of Developer's Insurance and must not contribute with 'it, 11.2.3. The insurance required aibove, except for workers' compensation insurance, must be placed with insurers with a Best's, rating as approved by City's Risk Manager, but in no event less than A-:Vll. Any deductibles, self-Insured retentions, or insurance In lesser arnounts, or lack of certain, types of insurance otherwise required by, this Agreement, or Insurance rated below Best's A-:Vll, must be declared prior to execution of this Agreement and approved by pity in G ,,RoUPf��A�-\A(�k'a:r�MENTS\201 / F1W AGREUMMI\T7300 I UPAOR Prige 9 of 14 06128117 CC AGENDA PACKET PG 227 wrffing. 11.2.4. Unless otherwise approved by City's Risk Manager, all Insurance policies must contain an endorsement providing City with a thirfy-day written notice of cancellation or material change in policy language or terms. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. 11.2.5. The insurance required in this section must be maintained until the Warranty/Maintenance Security is released. 11.2.6. Developer r-nusf furnish City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required and identifying the tract number and phase of the Project, when Developer submits the executed Agreement and final map to City for approval. 11.2.1. It is further understood and agreed by Developer that its liability to City will not in any way be limited to or affected by the amount of insurance obtained and carried by Developer in connection with this Agreement. 11.2.8. Unless otherwise approved Iby City, if any part of the work under this Agreement is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if City has approved lesser insurance requirements for Developer, and all subcontractors must agree in writing to be bound by the provisions of this section. AMMON 12.1, Governing Law. The laws of the State of California will govern the validity of this Agreement, its interpretation, and its performance. Any litigation arising in any way from this Agreement must be brought in Kern County, California. 12.2, Notices. All notices related to this Agreement must be given in writing, must be personally served or sent by certified or registered mail, and will be effective upon actual personal service or depositing in the United States mail. The parties must be addressed as follows, or at any other address, designated by notice: s7 _0 U 1 1, F A'-� \-AGREM NIS\201 / PW AGREEMENTW300-1 UP AGR Page 10 of 14 06128117 CC AGENDA PACKET PG 228 City: CITY OF BAKERSFIELD Public Works Department Attention: Subdivisions 16010 Truxtun Avenue Bakersfield, California 93301 Telephone: (661) 326-3724 Developer: CASTLE & KE CALIFORNIA, INC. P.O. Box I I 165 Bakersfield, California 9,3389- 11 165 Telephone: (661), 664-6500 Email: sth!ayer@castlecooke.com Surety: Attn: Telephone: Email: License No., Local Contact: Local! Telephone: 12.3. Assignment. Neither this Agreement nor any rights, Interests, duties, liabilities, obligations, or responsibilities, arising: out of, concerning, or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings, of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort, or other theories of recovery provided for by the common or statutory law), may be assigned or transferred by any party. Any such assignment is prohibited and will be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties,. 12.4. Binding Effect. The rights and obligations of this Agreement will inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors, and assigns. 12.5. Merger and Modification. All prior agreements between the parties are incorporated in this Agreement, which consfitutes the entire I PW AGREEMFN1\T7a00, •I UP AGR Page I I of 14 06128117 CC AGENDA PACKET PG 229 agreement of the parties. Its terms are intended by the parties as a final expression and complete and exclusive statement of their agreement with respect to the terms that are included herein and may not be contradicted by extrinsic evidence of any prior agreement or contemporaneous oral agreement in any judicial or arbitration proceeding involving this Agreement. This Agreement may be modified only in a w rifing approved by the City Council! and signed by all the parties. 12.6. Corporate_ Authority. Each individual signing this Agreement on behalf of entities represents and warrants that they are, respectively, duly aulthoirized to sign on behalf of the entities and to bind the entities fully to each and all of the obligatioinis set forth in this Agreement. 12.7. Independent Contractor. This Agreement calls for the performance of Developer's services as an independent contracfor. Developer will not be considered an employee of City for any purpose and is not entitled to any of the benefits provided by City to its employees. This Agreement must not be construed as forming a partnership or any other associafion with Developer other than that of an independent contractor. 12.8. Agreement Mutual1v Drafted. This Agreement is the product of negotiation, and all parties are equally responsible for its authorship. Californiai Civil Code Section 1654 does not apply to the interpretation of this Agreement. 12,9. Exhibits. If there is a conflict between the terms,, conditions, or specifications, set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement will prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not alctulal'l'y attached. 12.10. Tax Numbers. Developer's Federal Tax Identification No. 77-0414956, Developer is a corporation? Yes X No _ (Hease check one.) 12.11. Non-interest. No officer or employee of City may hold any interest in this Agreement (California Government Code Section 1090). G\GRO�)PI)AT\A('3kf,EMfl-NIS\2O I/ PW AGREFMEWV/34)0-1 UPAGR Page 12 of 14 06128117 CC AGENDA PACKET PG 230 12,12. Further Assurances. Each party will', execute and del:iver such papers, docurnents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement, [remainder of page intentionally left blank] (.-�\GRO�)PDAt\AGR�f-EMENI�\'2017 IM A02RIAMNV7300-1 NPAGR Page 13 of 14 06128117 CC AGENDA PACKET PG 231 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above, mm By: KAREN GOH Mayor APPROVED as to form'. VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney lnsurance/Surety:..-- I [Slyffiel 1 114,19 01 0 NICK FILLER Public Works Director COUNTER&IGNED: M NELSON K. SMITH Finance Director 6TWIRO-U, Z Attochments: Exhibit A - Checklist for Notice of Completion Exhibit B - Required Security Exhibit C - Engineer's Estirnate Exhibit D -- Security Exhibit E - Certificate of Insurance �)UPDM��AGRF5 I �NM201 7 PW AGRHMFNT\U300-1 VPAP AGR Page 14 of 14 06128117 CC AGENDA PACKET PG 232 ........... . . . ................. . . .. .. ... . A notary public or other officer completing this certificate verifies only the id entity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Kern On May 10, 2017' before me, . Sarah StannlbooHan, Notary Public, (insert name and title of the officer) personally appeared Scott R. Thayer and Laura Whitaker who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)14s/are subscribed to the within instrument and acknowledged to me that lie /sty /they executed the same in his /her /their authorized capacity(jes), and that byhis/her/their signature(s) on the instrument the person(s), or the entity Upon behalf of which the persons) acted, executed the instrument, I certify under PENALTY OF P' RJURY Linder the laws of the State of California that the foregoing paragraph is true and correct. WIlTNESS, my hand and official seal. Sign EM SARAH STAMBOWAN GovnmlsMon # 21277M z Wary Public - Cflforni z Kem Cat,a'nly Cwun. Expirts Oct 20,, 2019 1 06128117 CC AGENDA PACKET PG 233 im PUBLIC WORKS DEPARTMEN- CITY OF BAKERSFIELD SUBDIVISIONS I Froject No,. Phase No. Sub a copy of this checklist with your Notice of Completion package. Include all items on this checklist with your package. If an item is already ® file with the City, please so niote. If any item is marked as NA (not applicable)i, provide a written justification or explanation, Fallure to suibmit this checklist oir to address all items on the checklist will result in a delay in filing the Notice of Completion and/or in the release of any securitie. , Processing ■ a Notice of Completion cannot proceed until Subdivisions has received dir, »<o f mwo om the Construction Division that the punch list items are complete. EXH113rr A 06128117 CC AGENDA PACKET PG 234 Re OK NA . . Checklist item . ........ ......... . .. . ..... . Provide certification to the City Engineer that, except as otherwise provided, the private improvements have been constructed to City standards, ordiinances, and policies, all in accordance with approved . ..... plans. This shall be sta.!Mped q! si ned by the Engineer of Record.— Submit to the City Engineer copies of the sewer video, forms, and the i.n§pect�ion lo . ..... ---- . . . . .. . .......... Provide written verification from the Fire Department that all gates, locks, and key� have been installed or provided to their :satisfaction . . ........ .......... . ... . . . .... . ...... . .......... . . . EXHIBIT A 06128117 CC AGENDA PACKET PG 235 �11111= 06128117 CC AGENDA PACKET PG 2 36 TYPE OF Labor & Materials/ Warranty/ SECURITY Performance Payment Maintenance --T . .. . ...... WHEN x r "ity record,�T B(,4ori,,) C REQUIRED k') (Ahv fcjr 1he of 1he Agr(-,.',,erT[CTd firl<111 i in, pn-,vements . ...... .... .... . . .. . ........... .. . . AMOUNT OF .. ...... ... ... 'i f 1- e 100% of f0h" C( s 50% of total 10% c"f totni SECURITY cis in the Engirw-c,-Cs cost of c,,c,0 of Estunc lie as Exhibit C ar,rd thc, I I's c;ls' t 1) krnprcwei-nenfs rn th f cis reflc,�cfe:J k,) the Eng4 -ieer's Esflrviate DATE OF Ottvi') 30 days ('-ily r( c"orcls 1\10(11' of fl-ie 90 days C ty 118 months a f: t c�� r RELEASE/ 1H1Pi0v0TTW,1fls; but, if (`!6 y dis,�,,.;overs that records c"j ,,)f recorciation of the REDUCTION -)oifr)rrne(,.1 dic.*iclive wcrk r,.,)r labor I �.­' — 1, 1)"" r lrni',�)rOven-lents ki(X" of the o fc. five rna( 'riciis in c,'c)j-nj,.Aefi ng unkjss "Aty roceivr-,�s tho (--)r [-)evdor,,.we�r dcn'xig ,i wr!tk,,,,n t I I (:-I t e rcoNoy r das lr e, f"Joc, irfcf,1o4r sk)p ftefl Sircncp�urohvty yacht bt!s (c ,) aCsioly c i ors otice i I s t, -) c, 0 n repiacer.,A df,,"rective Or fjle t irk tho, lry-provc,�rnpnts 1c) City's c)f the Wh('[V ,ify, tr,)e Porforvncinc �-,, whk,,,T1 (111"ISEI the sf c"'urify, cfl it's lc cl�, rni'IS1 be eff( (five for n ) S r urity it ft,,;,vlor P-ian 18 nv,-'nfh5 ff)c, FffwAive Daf(,.,�, of f h�s Aare r ri r) t and s',.jbjf-"Ci i (") f f Idw.M fT-[(JV i) ,, rr7KA1JC(-,d t() of this seclion, (" "fly may, ii-, !is sole cin d-wnount no kasrs discreflon, a raducfior, of lhx) fhe (")f clH 'vcflue rA I[*.,, V)Ce SCDCL.Jtjf"y° if rE)(11v,,.v-',,,sted c.,Aawns or-u whic--h an by c e try irnproverr,�,,,n its a r achon or M"op notice %ifficienfly cornpleled t<) I'Trcike I h e [11 J-)CIS t 4.aam rl filed o i,,)e r+,') I i (r,-n'i a I U 1) d LIS(lb[C.' CIS (1-1 r-x-jbflr-- It qjt-,° r�,,�xjuc,tic)n is ('X ill I cifj7p-d, i f y will I h Erqinc�or's E start -rcfl ol to c, f t, of u,,,,ducfir,1n bcv.;ed the J rn p C o v ("",, rr I (?, n s con LH.A, iri 110 (.,n5E?, V ill OLIff)(Yi7o r.,a i,educfion (,-fl IN klce Of thPD SF-,K-,LJr!ty of 1� �(.) ,,:)f!jr)cjny (11T)OU11f, . . . ..... . ............. �11111= 06128117 CC AGENDA PACKET PG 2 36 BOND ESTIMATE Date 4/28/2017 for City of Bakersfield Tract 7300-Unit 1 Job No: 6811,24 Prepared By: MJT Item No, Item Descriplion Qt v Unit Unit S Item S Storm Drain Improvements 1, 18" Storms Drain (RGJ-RCP) 485 If 95.00 46,075 2. 24" Storm Drain (RG'J-RCP) 100 If 105,00 10,500 3, 'rype A Catch Basins 4 Pa 5000.00 20,000 4, Manhole 3 ea 4000,00 12,000 Sub-'T"otaV 88,575 Sewer Improvements (7300-1) 5, 6" Sewer Line 309 if 50,00 15,450 6, 8" Sewer • Line 1417 if 55,00 7T935 7, '12" Sewer Une 498 If 70.00 34,860 8- 6" Force Main 169 If 50,00 8,450 9, 4"' Laterals 1219 ff 30.00 36,570 10, Clean-outs, 6" 3 ea, 650.00 1,950 '11, Standard Manhole, 5° to 8' 7' ea MOM 18,200 12. Standard Manhole, 13�'to 16' 2 ea 3600,00 7,200 SUb••Total 200,615 Sewer Improvernents 17299-2 to be constructed to serve 7300-1) 11 12" Sewer Line 966 If 70.00 67T620 14, Standard Manhole, 5" to 8' 4 ea 2600,00 10,400, 15, Standard Manhole, 9" to 12" 1 ea 3000.00 3,000 Sub-"17cAal 81,020 Water Improvements 16. V Water Service 31 ea 1100.00 34,100 17, Landscape Water Service 2 ea 1500.00 3T000 18. 8"' Waterline 1946 if 35,00 68,110 19 12" Waterline 885 If 48.00 42,480 20, 8" Gate Valve 8 ea '1050,00 8,400 21, 12" Gate Valve 1 ea 2100,00 2,100 22, 6" Fire Hydrant. Asserribly 3 ea 4000,00 12,000 23, 2" Bllow-off Assernblies 1 ea '1200,00 1,200 24. Wharf Hydrant 2 ea 2000.00 4,000 Sub- "Total 175,390 MCI NTOSH &ASSOCIATES, Civil EngmeeN&L@ndSuiivPyorF, 2001 10celan Court, Bakorsfield, Calklorrfla93309 EXHIBIT C 7300-1—Bond Estimate Page 'I of 2 1:111Mr, ir-IT 06128117 CC AGENDA PACKET PIS 237 BOND ESTIMATE Date, 4128/2017 for City of Bakersfield Tract 73,00-Unit I Job No, 6811,24 Prepared By, WIT Item No. Itern, Descriefion Qty Unit Unit $ Hem $ Street Improvements 25- A.C. Paving 1856 Ins 75-00 13'9,176 26, Aggregate Base (Class 2) 5761 cy 70,00 403,253 27. Roadway Excavation/Subgracle Preparation 2200 cy 25.00 54,995 28, 6" Curb & GUttef 3481 If 25.00 87,025 29, 6" Curb 1912 If 25,00 47,800 30, S W ewa lik (4 "" thick) 2!9280 5 f 6.00 '175,680 31, Driveways (6," ftck) 4836 sf 9-00 43,524 32, Ha n6calp Ramps (ADA/Title 241Ca8 i rans) 18 ea 2500,00 45,000 33, Concrete Parking 14263 sf 9.00 128,367 34, Concrete Parking SUbgrade Preparation 2641 cy 25,00 66,032 35. Street Narne Sigris 10 ea 300.00 3000 36 Traffic Control Signs 8 ea 300,00 2,400 37, Street Lights - COB Standard 8 ea 6000,00 48,000 38 Survey MonUment & Encasement 12 ea 750,00 9,000 39. 10" Median Curb 1576 if 25.00 39,400 40 6" Median Curb 1330 if 0.50 665 41, Pavernent Marking (T'ype I Arrows) 84 sf 8,00 672 42. Pavement Marking (Type IV Arrows) 30 If 100 30 43. Striping (4" White Solid Yellow Line) 63 If 0,50 32 44, Striping (Detail; 38 - Channelizing Line) 150 if 1 -00 150 Scab -Total 1,294,201 Miscellaneous 45. 6' Block Wall 879 If 130 00 114,270 Sub-'rotal 114,270 TOTAL IMPROVEIM EN rs 1,954,071 20 'Y,,, Contingency: 3�'J,L9,814 ENV''-ORCEMEN"I" COST 15,000 50% LABOR BOND: 2,359,885 lij 79,943 EXHIBIT C MCINTOSH & AsSOCIATES, CMI Engunewv, & Land 13urveyars, 2001'Wheelan (,mirt, Bake sfield, 4' AlFornia 93309 7300-1-33ond Esfirnate Page 2 of 2 RciNra PqT 06128117 CC AGENDA PACKET PG 238 Bound No: 1-14 3,847 Prerniurn: $56,637.00 City of Bakersfield �PERFORMA Effective: June 6,, 2017 The City of Bakersfield ("Co")andcastle & Cooke Cal rnia, laic; ("Principal")have entered into an agreement LLO dated . . . ........ ... ("Agreement"), whereby Principal has agreed to install and complete certain designated publiic improvements for the following project: Street IrnprovemenLs, for Highgate Regents * The Agreernent, incorporated herein by this reference, requires Principal to furnish a bond securing Principal's performance of the obligations of the Agreement ("Performance Bond"). * Tract 7300, Phase I To that end, Principal and Lexon Insu nap Corn My- ("Surety") are held and firmly bound unto the City in the penal sum of $.2,359,885.00 for the payment of which sum, well and truly to be made, we bind ourselves and our heirs, successors, executors, and administrators, jointly and severally, firmly by these presents. "'two Million Three Hundred Fifty.-Nine Thousand Eight Hundred E-Jghty-Five and NO/100 Dollars The condition of this obligation is such that if the Principal or the Principal's heirs, execrators, administrators, successors, or assigns ("Principal Parties"), in all things, stand to and abide by, and well and truly keep and perform the covenants, conditions, and provisions in the Agreement and any alteration thereof made as therein, provided, on Principal Parties' part, to be kept and performed at the tinne arid in the manner therein specified, and in all respects according, to their true intent and meaning, and indemnify and save harmless City and City's officers, agents, and employees as therein stipulated, then this obligation will become null and void; otherwise it will be and rernain, in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there will be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgrneint rendered. Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the work to be performed thereunder or to the related specifications will in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Agreement, the work, or the specifications. Additionally, Surety hereby waives the provisions of California Civil Code sections 2819 and 2845. In witness whereof, this instrument has been duly executed by Principal and Surety an May-1 0 . . ........ .. 2,0-1-7—. PRINCIPAL Castle &)Qooke Q,al if rn i a, I C. By,, Its- . . . ......... z 12, By: i, Its: PERFORMANCE BOND tast Revised: December 6, 20,13 SURETY Lexon InSU'rance Company By: Brandy L, BaiZh­`-'-- Its: Attorney-in- Fact iniqfairies. (813) 281-2095 PYWRIT D 06128117 CC AGENDA PACKET PG 239 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this cerfificate is attached, and not the truthfUlness, accuracy, or validity of that clOCUment, I - I-- — -.- --- - -.-. - State of California Kern County of --- - On May 1. 7, 2017 before me, Sarah Starnboolian, Notary Public, (insert name and title of the officer) personally appeared. Scott R, Thayer anus Laura Whitaker .... . . ...... .. ... .. who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)�s/are subscribed to the within instrument and acknowledged to me that he/she/they exeCUted the sarne in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature BE= SARAH STAMBOOLIAN CofnnnfsMofn # 2127735 Notary P0kc - Cahforma z K,em Gounty Comm, Exp[res Oct 20, 2019 EXHIBIT D 06128117 CC AGENDA PACKET PG 240 LX- 281 KNOW ALL MEN BY T1 IESE PRESENTS, that LEXON! INSURANCE COMPANY, a Texas Corporation, with its principal office in Louisville, Kentucky, does hereby constitute and appoint: David H. Carr, Anett Cardinale, Margaret A. Ginem, Brandy L. Baich its true and lawful Attorney(s)- In- Fact to make, execute, seal and deliver for, arid on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This -authority is made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1" day of July, 2003 zis, follows: Resolved, that the President of the Comipaany is hereby authorized to appoint and empower any representative of the Company ear other person or persons as Attorney-In-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writin:gs obligatory in nature of a bond not to exceed $2,50t0,000.00, Two Million Five Hundred Thousand dollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto. Any said execution of such documents by an Attorney-In- Fact shall be as binding upon the Company as if they had been duty executed and acknowledged by the regularly elected officers of the Company, Any Attorney- In,- Fact, so appomted, may be removed for good cause and the authority so granted may The revoked as specified in the Power of Attorney, Resolved, that the signature of the President and the seal of the Cornpany may be affixed by lacslrniIe on any power of attorney granted, and the signature of the Assistant Secretary, arid the seat of the Cornpany may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimi1e, signah.Are and seal shall be valid and binding on the Company. Any such power so executed and sealed and certfficate so executed and sealed shall, with respect to any bond of undertaking to, which it is attached, continue to be valid and binding on th(,.0 Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal to be affixed this 5th day of August, 2015. BY David E."Campbell President On thus -5th day of August, 20115, before me, personally came Daviid E. Campbell to rne known, who be duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed sand instrument one behalf of the corporation by authority of his office under the By-laws of said corporation, .......... TAY4 AMY TAYLOR mae Notwy PuNc- State cif, Tennes. ,,ee David,_,;on CoLvIly Mv Commission Emres 07-08,19 CERTIFICATE BY Amy ^ylor Niota Public 1, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A "rexas Insurance Compairly, DO HEREBY CERTIFY that the original Power of Attorney of which, the forgoing is as true and correct copy, is in full force and effect and has not been revoked and the resolutions as set forth are now in force. Signed and Seal at Mount Juliet, Tennessee this . .... .... Day of __10 20__,t A'50�1 I 4 Ir J�`111 . ......... BY Andrew Smith Assistant Secretary 'IWARNING' Any persrnn who knowingly and with intent to defraud any insurance comipa,niy or other person, files and application for insurance of claim containing any materially faise information,, or conceals for the purpose of misleading, information concerning any fact material thereto, comm,its a fraudulent insurance act, which is a crime and subjects such person to, criminal and civil penalties." 06128117 CC AGENDA PACKET PG 241 Bond No! 1143847 Premium: hdUded in P(,�rfr,,)rrnance Bond City of Bakersfield Effegtive: June 6, 2017 LABOR AND MATERIALS BOND The City of Bakersfield ("City") an daas0e. & �Cook(,Qqhforroa lnq.—("Principal") have entered into an agre ewe erit dated ("Agreement"), whereby Principal has agreed to install and complete certain designated publilc improvements for the following project: Street ("Project"). The Agreement, Incorporated herein by this reference, requires Principal, before entering into the performance of the work, to furnish a good and', sufficient payment bond securing claims to which reference is made in Civil Code sections 9000 through 9�5,66 ("Labor and Materials Bond"). ' Tract 73,00 Phase 1 To that end, Principal arid Lexon, lnsurain,oe C Ti !2y their respective heirs, 9L_ _ ("Surety"), and successors, executors, and administrators, jointly and severally, are held firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Agreement and referred to in Civil Code sections 9000 through 9566, in the sum of $ 1 1,79 943,.00 *' for materials and/or labor, of any kind, furnished for the Project, or for announts due under the Unemployment Insurance Act with respect to the work or labor, and Surety will pay the same in an amount not exceeding the amount set forth above. Should the condition of this bond be fully perfonned, then this Obligation will" become nuH and void; otherwise it shall be and rennain in full force and effect. * *tine Million One Hundred Seventy-Brie Thousand Nine Hundred Forty-Three and NO/100 Dollars It is hereby expressly stipulated and agreed that this bond will inure to the benefit of any and all persons, companies, and, corporations entitled to file claims Linder Civil Code sections 9000 through 9566�, so as to give a right of action to them or their assigns in any suit brought upon this bond. If suit is brought upon this bond, Surety will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. Surety hereby stipulates and agrees that no change, extension of tirne, alteration, or addition to the terms of the Agreement or to the work to be performed thereunder or to the related specifications shall in anywise affect Its obligations under this bond, and it does hereby waive notice of any such change, extension Of time, alteration, or addition to the terms of the Agreement, the work, or the specifications. Additionally, Surety hereby waives the provisions of California Ciiviil Code sections 2819 and 2845, in on witn May ess whereof ' this instrument has been duly executed by the principal and surety above named, '10 2017 PRINCIP'At ' " SURETY Castle &,Cbbe I-exon Insur, noe Colimpany B By: Brandy I,. Baich Its: - its Alto rney-i n ..Fad - - -------- Inquiries; (813) 281-20,95 By: M tMOR AND MATERIAUS IDOND tw-T Revised: November 20, 2013 seal 06128117 CC AGENDA PACKET PG 242 STATE OFFLORIDA COUNTY OF HILLSBOROUGH I SS- i In witness whereof, I have signed and affix�ed'my official sea� on the date in this certificate first above written. .. ....... ... Signature Eileen C. Heard This areafipp- (?I is Molaricl/ Seal cvu'D" r' 06128117 CC AGENDA PACKET PG 243 PLEENIN C HEARD FM.-M 'ornmission # FF 163460 F- ' Octobe 122, 20 18 -01, es I This areafipp- (?I is Molaricl/ Seal cvu'D" r' 06128117 CC AGENDA PACKET PG 243 A notary public or other officer completing this, certificate verifies oniy the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document,.,--,,,",",,-.,, State of California County of Kern On May 17, 20,17 before me, -Sarah Stamboollan, Notary Pubillic, (insert name and title of the officer) personally appeared Scott R. Thayer and Laura Whiitaiker who proved to me on the basis of satisfactory evidence to be the persons) whose namel(s),is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisiher/their authorized capacity(ies), and that by Iiis/herItheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrurnent. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. r-vuli W_r M 06128117 CC AGENDA PACKET PG 244 POWER • ATTORNEY LX- 281985 Lexon Insurance Company KNOW ALL MEN BY THESE PRESENTS, that LEXON INSURANCE COMPANY, a Texas Corporation, with its principal office in Louisville, Kentucky, does hereby constitute and appoint.: David H. Carr, Anett Cardinale, Margaret A, Ginem, Brandy L, Balch its true and lawful Attorney(s)-in-Fact to make, execute, s'eall and deliver for, and on its behalf as surety, any and all bonds, undertakings or other writings obligatory in nature of a bond. This authority its made under and by the authority of a resolution which was passed by the Board of Directors of LEXON INSURANCE COMPANY on the 1't day of July, 2'003 as follows: Resolved, that the President of the Company is hereby authorized to appoilnt and empower any representative of the Company or other person or persons, as Attorney- lini- Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory in nature of a bond; not to exceed $2,500,000.00, Two Million Five Hundred Thousand diollars, which the Company might execute through its duly elected officers, and affix the seal of the Company thereto, Any said execution of such clocurnents by an Attorney-in- Fact shall be as binding, upon the Company as if they had been duly executed and as by the regularly elected officers of the Company. Any Attorney-In-Fact, so appointed, may be rermwed for good cause and the authority so granted may be revoked as specified in the Power of Attorney. Resolved, that the signature of the President and the seal of the Company may be affixed by facsimile on any power Of attorney granted:, and the signature of the Assistant Secretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certificate so executed and sealed shall, with respect to any bond of undertaking to which iit is attached, continue to be valid and binding on the Company. IN WITNESS THEREOF, LEXON INSURANCE COMPANY has caused this instrument to be signed by its President, and its Corporate Seal! to be affixed this 5th day of August, 2015. "s� M �' ? 5 BY David! E.'Campbel(-�7 President On this 5th day of August, 2015, before me, personally came David E. Campbell to me known, who be duly sworn, did depose and say that he is the President of LEXON INSURANCE COMPANY, the corporation described in and which executed the above instrument; that he executed said instrument on behalf of the corporation by authority of his office under the By-laws, of said corporation. 4 TA?Z AMY TAYL OR Notary PUbkc- State of Tennessee Davdson County Mv -nrnR,,,'sion ExQires 07-08-19 Coi CERTIFICATE A4' " BY A. a� Amylaylor Iota P . ..... ....... .. . i public 1, the undersigned, Assistant Secretary of LEXON INSURANCE COMPANY, A Texas lrisurance Company, DO HIEREBY CERTUFY that the original Power of Attorney of which, the forgoing is a true and correct copy, is In full force and effect and has not been revoked and the resolutions as set forth are now in, force. ��) OI, Signed and Seal at Mount Juliet, Tennessee this D Day of 20 -'JS E A L 0A r B Y - - --------------- .... ... Andrew Smith Assistant Secretary "WARNING Any person who knowingly and with intent to defraLhid any insurance company or other person, files and application for insurance of claim containing any materially false information, or conceals, for the purpose of misleading, information concerning any fact material thereto', commits a fraudulent insurance act, which is a crime and subjects such person to criminal and civil penalties." FYHiAlT n 06128117 CC AGENDA PACKET PG 241 0 DA1E (I?AM)DfXYYYY) "WIR" CERTIFICATE OiF LIABILITY INSURANCE T,0612101 7 THIS, CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN! THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject tea the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such enclorsernent(s). CONTACT PRODUCER NAME: Marsh Risk & io%iirancce Services PHONE FAX (A License #0431153 (A/c� No, rAtl: (AfC, No) 177 Sok,lh Fi�,pieroaSlreet E-MAIL ADDRESS:, L os, All I m, (A 9001 I INSURER�S) AFFORDING COVERAGE NAIC 31 �F� 2 l2 948-05, 5 1E5'I:2R292 Castl GAIJMF -1, 17 INSURER A: NafikxmIl Unibn Fike losurance Go, al Pillsbwgii, PA 19445 mSURED INSU;R ER B Aft(I Jm1rVr1 Assuraoce C;omraarq (U S,) lnc� 19489 Castle & CooRa Californo, 1000 stockdak, Hwy' , '1400 300 INSURER C Varims 1 11 S I ee AftacherJ Bakersfielki, ("A 9331 INSURER D�: COVERAGES CERTIFICATE NUMBER: 1,00-002073002-08 REVISION NUMBER:7 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BER N ISSUED TO THE iNSUREID NAMED ABOVE IFO R THE POLICY PERIOD MiDiCAIED NOTVVITHSIANDING ANY F,REQUIREIVIEN-T, 'rERNI OR CONDITION OF ANY CON I"RACT �OR OFFIER DOCUMENT' wrn"I RIESPEc-r TO WHICH 'IMS CERTIFICATE MAY BE ISSUED OR MAY PET TAIN, THE MSIUVANCE AFFORDED BY T'HE POIACES DESCRIBED IdEREIN IS 'SUBJECI - TO AH, THE IERMS, EXCLUSIONS AND CONDITIONS OF SUCI I POLICIES I, WITS SF OWN MAY fIAVF BEEN REDUCED BY PAM 'CLAIMS, 'ADDIL.SUSR POLICYEFF P011CYEXP INS-0- i TYPE OF INSURANCE LIMITS _"M�ICYNUMBER —mm 4L�kk�k . ... .......... A X COMMERCIAL GENERAL L [ABILITY (12362762 "05�31/2016 1(01017 if. ACd V OCGURRTING6- 2,000,000 DAMA(A� 10 R" ;c N I F D CIAMIS MADE j; X OG(1M PIF�FMISES (Ea o-nc�) 2,000 000 W4 MFD EXF �Ar�y ofie pw�!on) 2'00000 0 P TNSONAL,`, AI ?V INJURY 3 617,N1 A(,GREGA 1; 1, IMIT Ar,ruEs Pl R -,'&NERAL AGGREGATE S 4 -000-1000 X 1 C ;,'; COM11R)P A( S 4,100,000 01HFR . ...... . . ..... . ..... 1� AUTOMOBILE LIABILITY CAM14914 10/3112016 1013tW17 (,()Mi.flNED SINGH- lhM1111- S 3 000,000 I U01.)ILY tlNTJRY O'er rerwi,,J X ANY At) 10 AmJ, 0"ANED SCIII-DIJILLT) IN,R)k Y (Per accderfl 3 AU I r)", AUTOS PROPFRTY DAMAC,R NON OVoM 0 I flRtl) A(i E DS APJ KA f Peracc,dof ........ . .. . .......... B UMBR ELLA LIAB j 0310-400 10131/2016 101,3112017 F A(� 25,000,000 x OCCUR, j - I EXCESS LIIAB AGGRF(-,AIT 3 25,000,000 I,': LAWS MADI DED RIFTIENrIONS UT 77T7 X WORKFRS COMPENSATION V�-"Iww (See AdsiliwM Paq�',) AND EMPLOYERS 'LIABILITY Y�Ni SFA�I.)�F 1,00(1000 ANY PRO FR I U, -1 ( D R� PA R 1 N E R T XF FA EACHACCIDENT S irl)�,�111("E[41�'MEMBER�-XC�IJL�E�)�I N Ii... 1,000,000 Me rtda to,ry i4i� IN H)i . . ..... F L DISFASE EA EIMPLOYEF, $ ff Vas, describe uridar 1,000,000 DE S(jRRPl ION Cif 0 F N DIKSEASE P0I-9.-.',Y LIWT 5 F1 F RAT I (") _NSbu lcyw . . . ...... . . ............ . . . . .. DESCRIPTION OF OPERATION'S I LOCATIONS I VEHICLES (ACORD 101, Addiflofial Remarks Schedu[e, may be attar Tod if more space is required) Re: i Regerils Tract 7300 UrA I The 01y of Bakerstiel(J, �N riiayor' CCAIrIcd, oflioe�r'�' age"lsr "rld Vo�Ucfeers ar,'.,, mduje(l x; an Ad"filk."Ilal (exc"("�X N01'lkc�rs compnsak)n) whfre r�qjirod by execute6 wnbeir ,*Mrod Wlpm Eeqnred I,irider executed wrjltera exmtractancl where applicablo waiver of aaE bragatiori ,ipplila.a CERTIFICATE HOLDER CANCELLATION City of B,-Akersfieki SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1501 Trisxtm Averrue THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Bakersfiled, (3A 93302 ACCORDANCE WITH THE POLICY PROVISiONS, AUTHORIZED REPRESENTATIVE of Marsh Risk & iiisurance Services Jacquehne PeircNk @1 88- 2f114 ACORD CORPORATION. All rWhts re%p-prl ACORD, 25 (2014101) The ACORD name and logo are registered marks of ACORD 06128117 CC AGENDA PACKET PG 246 AGENCYCUSTOMERID: '101262924 '' ' . ........ . . .............. ... . . . LOC #: L,os Angeles . . ............... ... ... AsCXW?" ADDITIONAL REMARKS SCHED�U�LE . .................. NAMEDINSURFD Marsh Risk & lm,;wwce tsu . . . . . ........ _.--- .......... . . .. .......... 1003 Hwy, POLPCY NUMBER AGENCY CIG CARRIER I NAW CODE EFFECTIVE DATE: Pagie 2 of 2 ACORD 101 (2008101) (q) ZU08 AUUHI) UUKFURA I IUNI. Ass nanTs rpsprven The ACORD name and logo are registered remark- of arnRD 06128117 CC AGENDA PACKET PG 247 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Consent - Agreements p. TO: Honorable Mayor and City Council FROM: Art Chianello, Water Resources Manager DATE: 5/30/2017 &1[11 1.1 SUBJECT: Agreement with Skarphol Associates (not to exceed $55,000) for architectural design consultant services for the Water Resources Department Office Building Expansion Project. STAFF RECOMMENDATION: Staff recommends approval of the agreement. BACKGROUND: The City Water Resources Department facility is located at 1000 Buena Vista Rd. It was constructed in 1991 and has 10 designated office spaces. Within the last 10 years, staffing levels have increased to 29 persons as the responsibilities of the Department have increased. These increased responsibilities include involvement in the Kern River Groundwater Sustainability Agency as a result of the Sustainable Groundwater Management Act, increased drought and conservations regulations and monitoring, increased water quality standards requiring infrastructure improvements, among other duties. Additionally, as the City's domestic water system continues to expand, so will the need for the Department and staffing levels to increase to maintain and operate the system. On May 3, 2017, staff issued a request for qualifications and fee proposal (RFQ/P) for architectural design consultant services for the office building expansion. One proposal was received by the established deadline from: Skarphol Associates 1801 Oak St Suite 111 Bakersfield, CA 93301 Staff has determined the proposal is acceptable; therefore, staff recommends the acceptance of Skarphol Associates proposal and award of the contract in an amount not to exceed $55,000. The scope of work includes the preliminary design and final design phases, along with assistance in the subsequent bidding and construction phases. The design will include six to eight additional offices, a conference room, a work/copy room, break area, and an Americans 06128117 CC AGENDA PACKET PG 2 48 with Disabilities Act (ADA) compliance evaluation of the existing portion of the building. This work is in preparation of the construction phase. The project is anticipated to add approximately 2,500 square feet of work area to the existing building. Funding for the construction phase of the project is proposed within the FY 2017-18 capital improvement budget that is scheduled for adoption on this City Council meeting agenda. Funds for this agreement are available within the Water Resources Department's FY 2016-17 Domestic Water Division Operating Budget. No General Fund dollars will be expended for the design of this project. ATTACHMENTS: Description D Desi'igin /kgireeirneint D ExhbUk D EkNNt IB Type /kgireeirneint Exhbt Exhbt 06128117 CC AGENDA PACKET PG 249 AGREEMENT NO. DESIGN CONSULTANT CONTRACT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a chartered City and municipal corporation, ( "CITY" herein), and Skarphol Associates, a Sole Proprietor /Individual, ( "DESIGN CONSULTANT" herein). R E C I T A L S WHEREAS, DESIGN CONSULTANT represents, and, if a corporation or partnership all officers thereof, are licensed professionals in architecture, design, or similar professional areas, and holds a professional degree, or degrees, in same; and WHEREAS, DESIGN CONSULTANT acknowledges it is required and represents it does currently have errors and omissions insurance which will protect the City of Bakersfield in the event of professional errors or omissions by the DESIGN CONSULTANT; and WHEREAS, DESIGN CONSULTANT represents it is experienced in the field of design and specifically experienced in the field of architecture; and WHEREAS, the CITY does not have expertise currently on staff to conduct architectural design; and WHEREAS, DESIGN CONSULTANT has reviewed the CITY's project and is satisfied that the DESIGN CONSULTANT understands the requirements of said project; and WHEREAS, CITY has issued a Request for Proposals, ( "RFP" herein), which is attached as Exhibit "A" and incorporated herein by reference; and WHEREAS, DESIGN CONSULTANT has submitted a proposal in response to the CITY's Request for Proposal, and said proposal is attached as Exhibit "B" and incorporated herein by referenced; and WHEREAS, DESIGN CONSULTANT represents it is competent to undertake the project set forth in the CITY's Request for Proposal; and DESIGN CONSULTANT AGREEMENT SAOffice Building Expansion Wgreements�Agreement- Skarphol.docx Updated — March 9, 2015 -- Page 1 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 250 WHEREAS, DESIGN CONSULTANT represents it has an adequate number of properly licensed and experienced employees on its staff to accomplish the task set forth in this Agreement; and WHEREAS, the term DESIGN CONSULTANT as used herein includes all officers of any corporation executing this Agreement, NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and DESIGN CONSULTANT mutually agreed as follows: 1. SCOPE OF WORK. DESIGN CONSULTANT shall competently and thoroughly design the project set forth in CITY's RFP and is generally described as follows: Design of the Water Resources Department Office Building Expansion in accordance with Exhibit B. DESIGN CONSULTANT's services shall include all the procedures necessary to properly complete the task DESIGN CONSULTANT has been called upon to perform, whether specifically included in the scope of work or not. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a not to exceed amount of fifty - five thousand Dollars ($55,000) 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. TIME FOR COMPLETION. DESIGN CONSULTANT shall complete all assigned tasks for the preliminary phase and design phase set forth in the scope of work no later than November 22, 2017. 4. PAYMENT PROCEDURE. DESIGN CONSULTANT shall be compensated after receipt of an itemized invoice for the work completed and approved by the CITY in accordance with the terms of this Agreement. Payment by CITY to DESIGN CONSULTANT shall be made within thirty (30) days after receipt and approval by CITY of DESIGN CONSULTANT's itemized invoice; however, where required by the City of Bakersfield Municipal Code, the CITY will withhold a portion of DESIGN CONSULTANT's payment for the time period and purposes set forth therein. DESIGN CONSULTANT AGREEMENT SAOffice Building Expansion Wgreements�Agreement- Skarphol.docx Updated — March 9, 2015 -- Page 2 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 251 5. STARTING WORK. DESIGN CONSULTANT shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by DESIGN CONSULTANT and CITY. is: 6. CONTRACT ADMINISTRATOR. The Contract Administrator for the CITY Name: Samuel Blue City of Bakersfield Water Resources Department 1000 Buena Vista Rd. Bakersfield, California 93311 Telephone: (661) 326 -3715 DESIGN CONSULTANT's Project Manager shall be designated as: Name: Elizabeth Hernandez Skarphol Associates 1801 Oak St. Suite 1 1 1 Bakersfield, CA 93301 Telephone: (661) 334 -2741 The Contract Administrator and the Project Manager shall be the primary contact persons for CITY and DESIGN CONSULTANT. It is expressly understood that only the CITY may approve modifications to the contract, and all such modifications must be in writing and approved by the appropriate procedures set forth in the Bakersfield Municipal Code. 7. KEY PERSONNEL. At request of CITY, DESIGN CONSULTANT shall name all key personnel to be assigned to the work set forth herein. All key personnel shall be properly licensed and experienced for the work to be performed under this Agreement. DESIGN CONSULTANT shall provide background for each of the key personnel including, without limitation, resumes and work experience in the type of work called for herein. CITY reserves the right to approve key personnel. Once the key personnel are approved DESIGN CONSULTANT shall not change such personnel without the written approval of CITY. 8. DIRECTION. DESIGN CONSULTANT retains the right to control or direct the manner in which the services described herein are performed. 9. EQUIPMENT. DESIGN CONSULTANT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. DESIGN CONSULTANT AGREEMENT SAOffice Building Expansion Wgreements�Agreement- Skarphol.docx Updated — March 9, 2015 -- Page 3 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 252 10. CONFLICTS OF INTEREST. DESIGN CONSULTANT stipulates that corporately, or individually, the firm, its employees and subconsultants do not have, and in the future will not have, financial interest in either the success or failure of any project which is dependent upon the result of the work prepared pursuant to this Agreement or which may be constructed as a result of this Agreement. 10.1 If this Agreement involves the design of a project which is the subject of a Cooperative Agreement between CITY and the California Department of Transportation (CalTrans), DESIGN CONSULTANT stipulates that corporately, or individually, the firm, its employees and subconsultants are not currently, and in the future, will not be, employed by or under contract to any contractor who may be awarded the contract to construct the project. 11. NO CITY INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement, (California Government Code 1090). 12. ACCEPTANCE OF WORK. The acceptance of work or payment for work by CITY shall not constitute a waiver of any portion or any provision of this Agreement. 13. LICENSES. DESIGN CONSULTANT shall, at DESIGN CONSULTANT's sole cost and expense, have at the time of bidding or proposal submission and shall keep in full force and effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for DESIGN CONSULTANT to practice its profession in the State of California. DESIGN CONSULTANT, if a corporation or partnership, shall at the time of bid or proposal submission, submit proof satisfactory to CITY that all appropriate corporate officers or partners are properly licensed professionals and that all employees or subcontractors assigned to perform professional work on the project or task set forth in the Scope of Work are properly licensed. In any professional consulting firm, all key employees who are involved in providing advice to CITY shall have no less than a four year college degree in the appropriate field of study as determined by CITY. DESIGN CONSULTANT shall submit proof of same to CITY upon bid or proposal submission. 14. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 15. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, DESIGN CONSULTANT AGREEMENT SAOffice Building Expansion Wgreements�Agreement- Skarphol.docx Updated — March 9, 2015 -- Page 4 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 253 California. 16. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. 17. TERM. Unless terminated sooner as set forth herein this Agreement shall terminate on December 31, 2018. 18. TERMINATION FOR CAUSE. If at any time CITY becomes dissatisfied with the performance of DESIGN CONSULTANT under this Agreement, CITY may terminate this Agreement on ten (10) days written notice. Written notice shall be given pursuant to the notices paragraph of this Agreement. 19. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD Water Resources Department 1000 Buena Vista Road Bakersfield, California, 93311 DESIGN CONSULTANT: SKARPHOL ASSOCIATES 1801 Oak St. Suite 1 1 1 Bakersfield, CA 93301 20. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. DESIGN CONSULTANT AGREEMENT SAOffice Building Expansion Wgreements�Agreement- Skarphol.docx Updated — March 9, 2015 -- Page 5 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 254 21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 22. MERGER AND MODIFICATION. This Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 23. COMPLIANCE WITH ALL LAWS. DESIGN CONSULTANT shall, at DESIGN CONSULTANT's sole cost, comply with all applicable requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. In the event of changes in such authority which require a material change in DESIGN CONSULTANT's scope of work or schedule, subject to mutual agreement, such changes shall be considered additional services. 24. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 25. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of DESIGN CONSULTANT as an independent contractor. DESIGN CONSULTANT is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its DESIGN CONSULTANT AGREEMENT SAOffice Building Expansion Wgreements�Agreement- Skarphol.docx Updated — March 9, 2015 -- Page 6 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 255 employees. This Agreement shall not be construed as forming a partnership or any other association with DESIGN CONSULTANT other than that of an independent contractor. 26. INDEMNITY. 26.1 DESIGN CONSULTANT shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, arising from DESIGN CONSULTANT's negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by DESIGN CONSULTANT, DESIGN CONSULTANT's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 26.2 If the provisions of Civil Code Section 2782.8 are applicable to this Agreement, the DESIGN CONSULTANT shall indemnify, defend and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands, against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of DESIGN CONSULTANT. 27. INSURANCE. In addition to any other insurance or bond required under this Agreement, the DESIGN CONSULTANT shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements" herein): 27.1 Professional liability insurance, providing coverage on claims made basis for errors and omissions with limits of not less than One Million Dollars ($1,000,000) aggregate; and 27.2 Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 27.2.1 Provide coverage for owned, non -owned and hired autos. 27.3 Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an DESIGN CONSULTANT AGREEMENT SAOffice Building Expansion Wgreements�Agreement- Skarphol.docx Updated — March 9, 2015 -- Page 7 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 256 occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 27.3.1 Provide contractual liability coverage for the terms of this Agreement. 27.3.2 Provide unlimited products and completed operations coverage. 27.3.3 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. 27.3.4 All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, DESIGN CONSULTANT may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self - Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 27.4 Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. 27.5 Except for professional liability, all policies required of the DESIGN CONSULTANT shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the DESIGN CONSULTANT's insurance and shall not contribute with it. 27.6 Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to DESIGN CONSULTANT AGREEMENT SAOffice Building Expansion Wgreements�Agreement- Skarphol.docx Updated — March 9, 2015 -- Page 8 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 257 execution of this Agreement and approved by the CITY in writing. 27.7 Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 27.8 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 27.9 The DESIGN CONSULTANT shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. 27.10 Full compensation for all premiums which the DESIGN CONSULTANT is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 27.11 It is further understood and agreed by the DESIGN CONSULTANT that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the DESIGN CONSULTANT in connection with this Agreement. 27.12 Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for DESIGN CONSULTANT. 28. THIRD PARTY CLAIMS. In the case of public works contracts CITY will timely notify DESIGN CONSULTANT of third party claims relating to this contract. CITY shall be allowed to recover from DESIGN CONSULTANT, and DESIGN CONSULTANT shall pay on demand, all costs of notification. 29. ACCOUNTING RECORDS. DESIGN CONSULTANT shall maintain accurate records, including but not limited to accounting records, and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at DESIGN CONSULTANT's office during the term of this Agreement, and for a period of DESIGN CONSULTANT AGREEMENT SAOffice Building Expansion Wgreements�Agreement- Skarphol.docx Updated — March 9, 2015 -- Page 9 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 258 three years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 30. CONFIDENTIALITY. During the term of this Agreement, DESIGN CONSULTANT may have disclosed to it information of a legal and confidential nature, and such information could severely damage CITY if disclosed to outside parties. Except as otherwise required by law, when informed that information is confidential, DESIGN CONSULTANT will not disclose to any person, directly or indirectly, either during the term of this Agreement or at any time thereafter, any such information or use such information other than as necessary in the course of this Agreement. All documents DESIGN CONSULTANT prepares and confidential information given to DESIGN CONSULTANT under this Agreement are the exclusive property of the CITY. Under no circumstances shall any such information or documents be removed from the CITY without the CITY's prior written consent. 31. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by DESIGN CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 32. TAX NUMBERS. DESIGN CONSULTANT's Federal Tax Identification No. 77- 0321809. DESIGN CONSULTANT is a corporation? Yes No X (Please check one) 33. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 34. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 35. NEWS RELEASES /INTERVIEWS. All news releases, media interviews, testimony at hearings and public comments relating to this Agreement by DESIGN CONSULTANT shall be prohibited unless authorized by the CITY. 36. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. DESIGN CONSULTANT AGREEMENT SAOffice Building Expansion Wgreements�Agreement- Skarphol.docx Updated — March 9, 2015 -- Page 10 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 259 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 "DESIGN CONSULTANT" Skarphol Associates By: Type or Print Na Title: Additional Signatures on Following Page APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT By: ART CHIANELLO Water Resources Manager APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD IGER Deputy City Attorney Insurance: ADDITIONAL SIGNATURES ON FOLLOWING PAGE DESIGN CONSULTANT AGREEMENT SAOffice Building Expansion Wgreements�Agreement- Skarphol.docx Updated — March 9, 2015 -- Page 11 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 260 COUNTERSIGNED: By: NELSON SMITH Finance Director Attachments: Exhibit "A" & "B" DESIGN CONSULTANT AGREEMENT SAOffice Building Expansion Wgreements�Agreement- Skarphol.docx Updated — March 9, 2015 -- Page 12 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 261 $AKE� Request for Qualifications (RFQ) IOMRA, . U " d Water Resources Department Office Building Expansion Bakersfield, California CALI oV, ZP May 3, 2017 Firms wishing to be considered for this project should thoroughly read this RFQ. Information required to be provided in a Statement of Qualifications (SOQ) is detailed in Section 7. Firms submitting a SOQ must do so in accordance with the requirements of Section 8. As required by Section 11, a signed copy of the enclosed sample agreement must be submitted with an SOQ. SECTION 1. GENERAL PROJECT DESCRIPTION AND REQUIREMENTS The City of Bakersfield (City) desires to enter into an agreement with an architectural firm which is able to provide the City with construction plans and specifications for the expansion of the existing Water Resources Department office building located at 1000 Buena Vista Road. The Project will require research of existing building, topographical survey (if necessary), development of plans and specifications, and construction assistance. Project design shall meet all City requirements and conform to the 2016 California Building Standards Code (California Code of Regulations, Title 24). The office building expansion includes, but is not limited to: • Offices • Conference Room(s) • Work/Copy Room • Coffee Area • ADA Compliance Evaluation of Existing Building The Project will be a non - federally funded Capital Improvement Program Project. For the purpose of this RFQ, the term "Consultant" and "Firm" are interchangeable and refer to the qualified firm(s) hired to provide the services. For the purpose of this agreement, the following definitions shall apply: OWNER is the City of Bakersfield, Department of Water Resources. PROPOSER is a firm which submits a Statement of Qualifications in response to this RFQ. CONSULTANT is a firm hired by the City to provide the services described in this RFQ. LOCAL REGULATORY AGENCY refers to all Sections, Divisions, and Departments of the City of Bakersfield and the County of Kern that are charged with the review and approval of the project within the city limits. STATE REGULATORY AGENCY refers to all State of California agencies that might have jurisdiction over the project design and /or construction. FEDERAL REGULATORY AGENCY refers to all United States of America federal agencies that might have jurisdiction over the project design and /or construction. SECTION 2. FEE PROPOSAL The CONSULTANT shall submit a fee proposal based on the Scope of Work of the project. The fee proposal shall show the anticipated number of hours for each person who will work on the project, their hourly billing rate and the total estimated cost, including printing, materials and all other incidental charges, if any. The fee proposal shall, unless otherwise instructed in the request for a fee proposal, be structured as follows: Preliminary Phase fixed fee, not to exceed Design Phase fixed fee, not to exceed Bidding Phase time and materials, not to exceed Construction Phase time and materials, not to exceed 0612$117 CC A EN A PACKET FAG 262 RFQ —Water Resources Department Office Building Expansion Page 2 of 8 Request for payment of services shall be billed, with a monthly itemized invoice, to the City in accordance with the rates in the firm's schedule of hourly billing rates which is submitted in response to this RFQ. The invoice shall be accompanied with a monthly progress report itemized for the work completed in that period. The monthly progress report shall include a description of activities performed, an estimate of the percent of work completed, and a summary of any problems encountered. Payment will be made for work product that has been delivered to and accepted by the City. The rates on the schedule submitted in response to this RFQ (refer to Section 8) shall be held constant throughout the term of this agreement. No "cost of living" or other similar increases of the hourly rates will be allowed. CONSULTANT will be responsible for compensating their employees in accordance with all applicable labor laws and regulations. SECTION 3. SERVICES TO BE PROVIDED BY THE FIRM (SCOPE OF WORK) CONSULTANT shall have a professional staff to provide all the services necessary for the project as defined in the specific project scope of work. CONSULTANT shall have the resources necessary be able to complete the project in a timely manner as shown on their project schedule submitted with their proposal. CONSULTANT will not be responsible for identification, handling, containment, abatement, or in any other respect, for any hazardous materials if such is present in connection with the project. CONSULTANT will not be responsible for the construction means, methods or sequencing. CONSULTANT will not be responsible for job site safety. Based on the needs of the Project, CONSULTANT may be required to provide any or all of the following services: conduct field survey; design studies and calculations; obtain record information from utility companies; prepare all necessary plans, specifications and cost estimates; respond to bidder's questions; make recommendations for awarding the construction contract and perform general consulting services during construction if required. Services shall include, but are not limited to, those presented below. When the contracted work is accepted by the City, all completed reports, plans, drawings, documents, studies, calculations, computer files, photos, reproducible, recorded media, etc., used in the planning, research, and design of the project shall become the property of the City, including their copy rights and any inherited interests. PRELIMINARY PHASE 1. Attend a Project Review Meeting with City staff to review the project and City procedures and standards. 2. Conduct a survey (if necessary) for the project site to obtain all topographic and right -of -way information necessary for the complete design of the project. Prepare base drawings for the project, including existing and proposed utilities both above and underground. 3. Prepare a preliminary design for the project. 4. Prepare a Preliminary Construction Cost Estimate for the project based on the preliminary design. The Preliminary Construction Cost Estimate shall be an itemized estimate, include all of the components necessary for the complete construction of the project. The Preliminary Construction Cost Estimate shall be in the same format as the City's Bid Proposal form and shall only include appropriate City standard pay items, unless otherwise approved by the City. 5. Submit the survey, preliminary design and the Preliminary Construction Cost Estimate to the City for review and comment. All survey information must be provided in hard copy and electronic format which can be integrated directly with existing information in the City's CAD system. S: \Office Building Expansion \Consultant Selection\ 03 Request for Qualifications.docx 0612$117 CC A EN A PACKET FAG 263 RFQ —Water Resources Department Office Building Expansion Page 3 of 8 6. Attend a Project Status meeting with City staff to discuss the architectural services, surveying, and preliminary design, the Preliminary Construction Cost Estimate and the next phase of the work. DESIGN PHASE 7. On behalf of the City, apply for and obtain all required approvals and permits from all governing public agencies for the construction of the project. 8. Assist City in applying for and obtaining utility services and /or relocation of existing utilities necessary for project to be constructed and functional. 9. Based on the approved preliminary design and the approved Preliminary Construction Cost Estimate, finalize the design and prepare Construction Plans, Specifications and Bid Documents. The Construction Plans, Specifications and Bid Documents shall be adequate for obtaining construction bids in accordance with all applicable regulations and requirements of the State of California and the City of Bakersfield. Specifications and Special provisions for each project must be based on the most current version of the City's boiler plate (_SP Basic All) at the time the project is issued for bids. 10. Visit the project site to verify that design conforms to the actual visible field conditions. Site will be available to consultant during normal business hours. 11. Prepare an Architect's Estimate of the Construction Cost based on the Construction Plans and Specifications. The Architect's Estimate of the Construction Cost shall be in the same format as the City's Bid Proposal Form and shall only include appropriate City Standard pay items, unless otherwise approved by the City. 12. Submit the Construction Plans, Specifications, Bid Documents and Architect's Estimate to the City for review and approval. 13. Attend a Project Status meeting with City staff to discuss the plans and the construction of the project. 14. Revise the Construction Plans, Specifications and Bid Documents and Architect's Estimate as necessary based on the City's review comments and resubmit for approval. 15. Furnish to the City the originals of the approved Construction Plans, Specifications and Bid Documents and Architect's Estimate. All drawings must be provided in hard copy and electronic format which can be integrated directly with existing information in the City's CAD System. 16. All drawings produced for the Preliminary and Design Phase items of work shall be prepared on ARCH D (24 inch by 36 inch) media size. The original drawings shall have a minimum letter height of 0.10 inch, so that when the drawings are reduced fifty percent, the lettering will remain legible. BIDDING PHASE 17. Respond to contractors' questions regarding the plans and specifications. 18. Prepare modifications to the Plans and /or Specifications as necessary to support City in preparing and issuing addenda. CONSTRUCTION PHASE 19. Review and approve Contractor's submission of product data and shop drawings as required. 20. Furnish general observation of construction work and on -site consulting service as required by the City in conformance with all Building Codes. 21. Investigate proposed contract change orders and submit background information to the City for a decision, if justified, and prepare necessary drawings and documents for approval. 22. Assist in performing a final inspection service of the completed construction and prepare a list for the City, if necessary, of items to be corrected prior to accepting the project as constructed. 23. Prepare and submit to the City one set of reproducible record drawings reflecting changes made during construction. Regarding the CAD data submitted by the CONSULTANT, CONSULTANT shall not be liable for claims, liability or losses arising out of, or connected with (1) the modifications or misuse by City, or anyone authorized by City, of such CAD data; or (2) decline of accuracy or readability of CAD data due to S: \Office Building Expansion \Consultant Selection\ 03 Request for Qualifications.docx 0612$117 CC A EN A PACKET FAG 264 RFQ —Water Resources Department Office Building Expansion Page 4 of 8 inappropriate storage conditions or duration; or (3) any use by City, or anyone authorized by City, of such CAD data for additions to this project, or for the completion of this project by others, or for any other project, excepting only such use as is authorized, in writing, by CONSULTANT. Progress reports as described in Section 2 are required with each submitted invoice. The CONSULTANT is required to provide all specific services and satisfy all the requirements for the project as specified in this RFQ and as necessary to complete the requirements of a specific project. SECTION 4. ITEMS AND SERVICES TO BE PROVIDED BY THE CITY OF BAKERSFIELD 1. The City will provide a general description of the project site, its location and boundaries. 2. The City will provide copies of City's available record drawings of existing facilities. The City makes no warranty that record drawings for all existing improvements are available. 3. The City will provide all services required to plan, supervise, monitor and finance the project except for those services to be provided by the CONSULTANT as set forth herein above. 4. The City will furnish a construction manager who will make daily observation and inspection of construction to determine compliance with construction plans and specifications by the construction contractors in conjunction with and under the advisement of the architectural firm. 5. The City will provide construction staking and construction material testing services, if required. 6. The City will provide and complete necessary contractor payment forms. 7. Access to project area during business hours SECTION 5. TIME SCHEDULE FOR ASSIGNED PROJECTS The CONSULTANT shall execute its work in a timely manner in order to complete its assignment within the schedule approved by the City. Failure to respond by completing scheduled work in a timely manner may result in termination of the agreement. SECTION 6. CONSULTANT'S TEAM The CONSULTANT's staff working on this project shall be qualified professional staff and shall have the necessary experience, expertise and licenses to complete the project design and satisfy all the requirements as described in this RFQ. At a minimum, the CONSULTANT's team shall include the following: 1. A qualified design professional acting as Project Manager to direct and oversee the CONSULTANT's work on all phases of the assigned projects; 2. A California registered architect experienced in architecture and who has extensive experience in designing comparable facilities; and 3. A registered structural engineer for all structural components of the project. The City does not require nor expect that CONSULTANT have subconsultants on their team to provide specialty services such as geotechnical engineering or landscape architecture. (Neither the inclusion nor exclusion of specialty service subconsultants in their team at time of submitting an SOQ will be considered in the evaluation of the firm. However, the PROPOSER's team must have appropriate staff or subconsultants to provide the structural engineering and surveying services.) In the event that a specific project requires specialty services, the City will work with the CONSULTANT to secure those services either as a reimbursable expense through the On Call agreement or under a separate agreement between the City and a firm providing the specialty service. S: \Office Building Expansion \Consultant Selection\ 03 Request for Qualifications.docx 0612$117 CC A EN A PACKET FAG 26.E RFQ —Water Resources Department Office Building Expansion Page 5 of 8 SECTION 7. STATEMENT OF QUALIFICATIONS All interested PROPOSER's shall submit a Statement of Qualifications (SOQ) which shall contain at a minimum the following information: 1. The completed General Information Sheet, (refer to Attachment RFQ -1). An officer of the PROPOSER must sign this document. 2. A statement of PROPOSER's management principles, procedures and how they will be applied to work performed under this agreement in regards to: a. Development of a project design schedule and adhering to that schedule; b. Establishment of a cooperative relationship with the City, any other consultants hired by the City and the City's construction contractor; and c. Complete and successful performance of all tasks assigned to the CONSULTANT. 3. Name and relevant experience of PROPOSER's principals who will be responsible for the project. 4. Name and relevant experience of PROPOSER's key personnel who will work on the project. 5. A list of all current projects, including the amount of PROPOSER's resources allocated to those projects and the completion date of PROPOSER's work at that level of allocation. A similar list shall be provided for each of PROPOSER's subconsultants. 6. 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: a. Project title, location and description including size of the project; b. Nature of PROPOSER's responsibility; c. Start and end dates of PROPOSER's involvement in the project; d. Names of PROPOSER's key personnel involved in the project; e. Total dollar amount of PROPOSER's contract; f. Name, address and phone number of the project owner; g. Name and address of PROPOSER's client if different from the project owner; and h. Name and phone number of contact person at PROPOSER's client's office. 7. A statement of PROPOSER's approach in designing a project within the allocated time schedule and project budget. Include examples of how this approach was proven effective in past projects for the City or other governmental agencies. 8. A statement of PROPOSER's approach in designing a project to provide maximum useful life of the project. Include examples of how this approach was proven effective in past projects for the City or other governmental agencies. 9. A statement of why PROPOSER believes it should be selected for this project. 10. A list of all subconsultants that PROPOSER will be utilizing on this project. This list shall include the following information for each proposed subconsultant: a. Name, address, and phone number for subconsultant's office that will be performing work on the project; b. Name and relevant experience for subconsultant's key employees that will be working on this project; and c. Description of work that the subconsultant will perform on the project. If the PROPOSER has multiple offices and proposes to utilize staff from multiple offices for this project, then the following shall apply in regards to this listing of subconsultants: The office submitting an SOQ for PROPOSER shall be considered the CONSULTANT. All other offices of PROPOSER shall be considered subconsultants and shall be included in the subconsultants listing. 11. A list of PROPOSER's claims history since January 1, 2008: a. A list of all claims, demands for arbitration and /or law suits filed by PROPOSER predecessor companies or company officers against project owners or their agents. This list shall include the following information for each claim: Name of project owner; Project completion date; S: \Office Building Expansion \Consultant Selection\ 03 Request for Qualifications.docx 0612$117 CC A EN A PACKET FAG 266 RFQ —Water Resources Department Office Building Expansion Page 6 of 8 Basis for claim; Claim or suit amount; Current status; and Award or settlement amount. b. A list of all claims, demands for arbitration and /or law suits filed by project owners, their agents or subconsultants against PROPOSER, predecessor companies, its agents or bonding company in connection with PROPOSER, its officers, its agents or bonding company. This list shall include the following information for each claim: Name of project owner; Project completion date; Basis for claim; Claim or suit amount; Current status; and Award or settlement amount. 12. A statement of PROPOSER's current insurance coverage signed by a company official. Do not submit a certificate of insurance in lieu of this statement. 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. SECTION 8. SUBMITTAL OF STATEMENT OF QUALIFICATIONS (SOQ) PROPOSERs responding to this RFQ must include in their submittal package the following items: four (4) copies of the firm's SOQ (refer to Section 7 of this RFQ), including the "General Information Sheet" (Attachment RFQ -1 of this RFQ) signed by a company official and a statement of insurance coverage signed by a company official; one copy of the firm's schedule of hourly billing rates, in a sealed envelope labeled with the company's name and the words "Architectural Services, hourly billing schedule ". This rate schedule shall be valid for the duration of the agreement. All charges for materials, printing, computers, etc., shall be included in the hourly billing rates; and one signed copy of the draft contract (refer to Section 11 of this RFQ and Attachment RFQ -2). The above submittal items must be placed into a sealed envelope bearing PROPOSER's name and the words "Statement of Qualifications for Architectural Services for Water Resources Department Office Building Expansion Bakersfield, California." Before the date and time stated in the Notice to Design Firms, the submittal package must be delivered to: City of Bakersfield Purchasing Division RE: RPF Water Resources Department Office Building Expansion 1600 Truxtun Avenue, 2nd 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. S: \Office Building Expansion \Consultant Selection\ 03 Request for Qualifications.docx 0612$117 CC A EN A PACKET FAG 267 RFQ —Water Resources Department Office Building Expansion Page 7 of 8 Submittals which do not contain the requisite number of copies and all the information requested in the RFQ may be considered non - responsive and rejected without evaluation. Submittals received after the deadline or at the wrong location will be considered non - responsive. Fax copies will not be accepted. SECTION 9. SELECTION OF CONSULTANTS PROPOSERs submitting a Statement of Qualifications (SOQ) for this project must provide in their submittal, verifiable evidence demonstrating that they have considerable current and past experience in providing architectural services as described in Sections 1 and 3 of this RFQ. The City will award a contract to one architectural firm after reviewing all the Statements of Qualifications (SOQ) submitted by interested firms. Primary selection process will be based on the City's evaluation of the firm's SOQ and the items listed below. Secondary consideration will be based on the City's evaluation of the consultant's schedule of hourly billing rates which shall not be opened until evaluation of SOQ scores and reference checks of all firms are completed and that the ranking of firms is in order. In no particular order, the following items shall be used for evaluation: 1. PROPOSER's ability to respond in timely manner; such as, submittal of a project proposal for a specific project; availability of the firm to start work on a specific project; and the time needed to complete the project. 2. PROPOSER's experience and past performance on comparable projects for the City and other governmental agencies. 3. PROPOSER's resources and its capability to perform the required services within the required time frames. 4. Qualifications and experience of personnel PROPOSER anticipates assigning to City projects. 5. 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. 6. PROPOSER's ability to design a project to provide maximum useful life of the improvements. 7. Related experience of PROPOSER. For state -wide or international firms, the City will consider only that experience performed by the local branch office where the work for the City will be performed. 8. Comments received from the City's reference checks. 9. PROPOSER's submittal and subjective statements. 10. The information contained in PROPOSER's SOQ submitted in response to this request. The City's evaluation of this information will be based, at least in part, on the requirements for the SOQ set forth in this RFQ. SECTION 10. SOLICITATION CAVEAT The PROPOSER and its subconsultants understand and agree that the City of Bakersfield shall have no financial responsibility for any costs incurred by the PROPOSER and its subsconsultants in responding to this Request for Qualifications and shall not be liable for any PROPOSER costs attributed to its own study and investigation or design of a specific project until the PROPOSER has executed a contract with the City of Bakersfield and has been authorized in writing to proceed. The City of Bakersfield reserves the right to terminate this Request for Qualifications after three (3) days notice to all prospective PROPOSER& The submission of a proposal shall be conclusive evidence that PROPOSER has 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. SAOffice Building Expansion \Consultant Selection\ 03 Request for Qualifications.docx 0612$117 CC A EN A PACKET FAG 268 RFQ —Water Resources Department Office Building Expansion Page 8 of 8 SECTION 11. CONTRACT DOCUMENTS A sample copy of the City's DESIGN CONSULTANT CONTRACT is included with this RFQ as Attachment RFQ -2. Please review the agreement carefully. This is the contract the CONSULTANT will be expected to execute without alteration. If any changes are desired, the firm must submit a copy of the requested modifications to the City for approval at least ten (10) calendar days prior to the date that SOQs are due. If approved, the City will then issue the changes to all prospective PROPOSERs prior to the due date. As part of its submittal package, an officer of the firm must sign and return a copy of the sample agreement. The signature indicates that the firm accepts the clauses of the contract, including the indemnity clause, as stated in the enclosed sample copy of the City's agreement and any modifications thereto issued by the City during this solicitation of SOQs. An "Acknowledgment Line" which reads as the following will be found below the signature line of the draft agreement. The officer must review the sample agreement carefully prior to signing the draft agreement. "PROPOSER's ACKNOWLEDGEMENT: "I have received and reviewed the sample DESIGN CONSULTANT'S AGREEMENT CONTRACT including the INDEMNITY clause which was sent to me with the City's RFQ. My signature below shall signify our firm's acceptance of said contract if our firm is selected for awarding a contract for the project as described in said RFQ. This acceptance is made with the understanding that the "Compensation" and "Time for Completion" clauses will be modified to contain the amounts and dates established for this contract." The Consultant shall not be allowed to alter or negotiate contract language after the submittal of Consultant's Statement of Qualifications. Failure to execute the contract without alteration may result in the rejection of the Consultant's proposal and the retaining of a different consultant by the City. At the time of contract execution, the Consultant will be required to provide evidence of insurance coverage (Certificates of Insurance) as specified in the agreement. SECTION 12. CONTACTS AT THE CITY OF BAKERSFIELD All questions concerning the project, the submittal of a Statement of Qualifications, the City's review and evaluation of the SOQ's, and the City's selection of a consultant for this project should be submitted in writing and directed to: Samuel Blue, Civil Engineer III Water Resources Department, City of Bakersfield e -mail: sblue @bakersfieldcity.us SECTION 13. ATTACHMENTS TO THIS RFQ The following documents are attachments to this RFQ: Attachment RFQ -1, "General Information Sheet" Attachment RFQ -2, "Sample Agreement" Attachment RFQ -3, "Location Map & Project Site Plan" S: \Office Building Expansion \Consultant Selection\ 03 Request for Qualifications.docx 0612$117 CC A EN A PACKET FAG 269 tN, General Information Sheet Attachment RFQ -1 Water Resources Department Office Building Expansion Bakersfield, California Legal Name of Firm: Type of Organization: Individual, Partnership, or Corporation If a corporation, state in which the firm is incorporated: Federal Employer I.D. Number: Street Address: Mailing Address: Telephone Number: FAX Number: Name of Principal -in- Charge Title, License Number Name of Project Manager Title, License Number Signature of Officer of PROPOSER Title, Date S: \Office Building Expansion \Consultant Selection\ 03 Request for Qualifications.docx 0612$117 CC A EN A PACKET FAG 270 I Ll V1 "I 11� 11-111 -- . ........... Water Resources Dev rtment Office Building Expansion TABLE OF CONTENTS Page 3 General Information Sheet Page 4 Statement of Management Principles and Procedures Page 5 Proposed Project Schedule Page 6 Fee Proposal Page 10 Staff Resumes Page 14 Current Projects Page 15 Comparable Projects Page 17 Design Approach Page 18 Subconsultants Page 19 Claim History Page 20 Insurance 1 8 0 1 o A K S T R F F T S U I T E I I I BAKERSFIELD. CA 9 3 3 0 6 6 1 - 3 3 4 - 2 7 4 FAX 661 . 334 - 2743 Alrphfla"siwalo CON) GA5060 COB Water Resources Depannent\Documents\RFQ\01_5060—Table of Contents.doo 06128117 CC AGENDA PACKET PG 272 ate® 5-24-2017 L,egail Name: of F'irm: Skarphol Associates rietor/Individual -,Kll!llll Fill III Ill 1111111111 11112111,1711, gw� all 1=111M Ij 13IMM MM&MMMIN Mrogan I I "III I FAX Number: 661-334-2743 Name of Pri:ncipal-in-Charge, Paul S ll Title,, License Number AMMMISMUM Signature of Officer of PROII�OSER Title, Date Associalte, 5-24-20,17 06128117 CC AGENDA PACKET PG 273 SKA"HOL ASSOCIATES Paul Skarphol, Architect MANAGEMENT PRINCIPLES Skarphol Associates will work closely with the City and any consultants hired by the city and the City's construction contractor to develop a comprehensive project schedule. We are confident in our staff, resources and work ability to adhere to a design schedule effectively. Please see attached Proposed Project Schedule. Skarphol Associates will reallocate resources to accommodate the client's needs to meet any intended project deadlines. We pride ourselves in being a full service Architectural Design Firm with the professional staff to provide all necessary services to complete a project in a timely manner per the project schedule and as stated in Section 3, Services to be provided by the Firm, of the RFQ. Attached is our proposal for Architectural and Engineering Services with a basic outline for each phase of the project from pre-design to project completion. Paul Skarphol, Architect SKARPHOL ASSOCIATES o A K S T R E E T S U I I E I I I B AKE R SF I E 1. 1) ' CA 9 3 3 0 1 66 1 - .114 7 4 1 FAX 60 1 3.1 2 74 3 06128117 CC AGENDA PACKET PG 274 May 24, 2017 Water Resources Department Office ,Building Expansion PROPOSED PROJECT SCHEDULE NO. 1 1) SCHEMATIC DESIGN (SD) - Weeks 14 i. Architectural Schematic Design 2) DESIGN DEVELOPMENT (DD) - Weeks 5-8 i. Architectural design development ii. Issue design development base files to Consultants iii. Civil Engineering design development iv. Structural Engineering design development V. Plumbing, Mechanical & Electrical design development 3) CONSTRUCTION DOCUMENTS (CD) - Weeks 9-16 i. Architectural construction documents ii. Issue construction documents base files to Consultants iii. Civil Engineering construction documents iv. Structural Engineering construction documents V. Plumbing, Mechanical & Electrical construction documents 4) DESIGN/CONSTRUCTIBILITY REVIEWS i. 25% Review — Week 8 ii. 50% Review —Week 10 iii. 75% Review — Week 12 iv. 90% Review — Week 14 5) CITY OF BAKERSFIELD PLAN CHECK - Weeks 17-20 V. Submit plans for plan check vi. Resolve compliance issues vii. Obtain building permit 6) CONSTRUCTION ADMINISTRATION (CA) - Beginning to end of construction END OF PROPOSED PROJECT SCHEDULE NO. I 8 0 1 A K S T R E E T S U I T E I I I BAKERSFIELD. CA 9 3 3 0 1 66 1 - 33 4 - 2 74 1 PAX: 661 - 334 - 2 743 06128117 CC AGENDA PACKET PG 275 PAUL SKARPHOL Architect/Owner EDUCATION California Polytechnic State University (1976.1977) San Luis Obispo, California Bakersfield College (1974.1976) Bakersfield, California PROFESSIONAL EXPERIENCE Skarphol Associates, Paul Skarphol, Architect Owner; 1992-Present G & S Associates Partner, 1985-1992 The Mark Denham Company Project Manager, 1983-1985 Nancy Henry-Interior Design/Renfro Russell Architects/Design Research Associates Intern, 1982-1983 Brooks Brothers Interiors Studio Manager, 1977-1,982 U. S. Navy Personnel Management, 1970-1974 PROFESSIONAL REGISTRATION Registered Architect State of California, No. C-23867 (1992) 06128117 CC AGENDA PACKET PG 276 A I Lyn m m rawb "1114W Bakersfield College; (2000-2002) Bakersfield, California PROFESSIONAL EXPERIENCE Skarphol Associates, Paul Skarphol, Architect Architect Intern; July 2000 - Present Ross Communications Summer Intern, 1998 PROFESSIONAL REGISTRATION Registered Architect State of California, No. C-34827 (2014) PROJECT EXPERIENCE Centennial Medical Group 1801 16th Street 12,639 S.F. Medical Office Tenant Improvement Office/ Retail Building 601 High Street - Delano, California 9,951 S.F. Buildi% Remodel & Tenant ]improvement 304019 Street 4,224 S.F. Point Loma Nazarene University 5080 California Avenue, Third Floor 10,178 S.F. University Tenant Improvement Coldwell Banker -Riverlakes Branch 3820 Coffee Road 6,183 S.F. Real Estate Office Tenant Improvement Pegasus Dialysis 3 101 Pegasus Drive 9,174 S.F. Medical — Dialysis Tenant Improvement 06128117 CC AGENDA PACKET PG 277 PROJECT EXPERIENCE (Continued) Nations Petroleum 11001 River Run Boulevard, First & Second Floors 1,327 S.F. Data Center Tenant Improvement (Ground Floor) 12,316 S.F. General Office Tenant improvement (Second Floor) Essentiels Spa et Beaute 9000 Ming Avenue 1,580 Spa & Retail Expansion Tenant Improvement Oifvieri Commercial Group 9810 Brimhall Road 4,078 S.R Real Estate Office Tenant Improvement Moo Creamery 4885 Truxtun Avenue 3,480 S.F. Restaurant Tenant Improvement Foundation for Medical Care 5701 Truxtun Avenue 13,987 S.F. General Office Tenant Improvement Mentor Health 2130 Chester Avenue 7,890 S.F. General Office Tenant Improvement Sun World 5701 Truxtun Avenue 12,865 S.F. General Office Tenant improvement Law Offices of Burton Petrini 5060 California Avenue, Seventh Floor 14,028 S.F. Law Office Tenant Improvement Law Offices of Dowling Aaron & Keeler 5080 California Avenue, Second Floor 5,483 S.F. Law Office Tenant improvement Law Offices of Kronick Moskovitz Tiedemann & Girard 5080 California Avenue, Second Floor 4,923 S.F. Law Office Tenant improvement Pacific Pulmonary Services, Inc. 7500 District Boulevard 20,633 S.F. Call Center Tenant Improvement Kanpai Restaurant 9500 Brimhall Rd. Suite 501 4,400 S.F. Restaurant Tenant Improvement 0612$117 CC A EN A PACKET FAG 278 PROJECT EXPERIENCE (Continued) Kern Health Systems 5701 Truxtun Avenue 13,000 S.F. Office Tenant Improvement Yoga Space 2611 'F' Street 7,252 S.F. Tenant Improvement Dewar's — Fine Candies & lee Cream 2700 Calloway Drive 6,400 S.F. Building & Restaurant Tenant Improvement Carniceria La Carreta 3015 Calloway Drive 7,800 S.F. Market & Restaurant Tenant Improvement Manda Residence 290120`" Street 4,200 S.F. Single Family Residence TechAg 3430 Unicorn Road 12,900 S.F. Office Tenant Improvement California Retina Consultants 5555 Business Park South 9,400 S.F. Tenant Improvement Greg's Petroleum 7905 Downing Avenue 17,000 S.F. Industrial Office Building, Bulk Plant & Card Lock University of La Verne 10800 Stockdale Highway 11,200 S.F. Private University Tenant improvement 06128117 CC AGENDA PACKET PG 279 ELIZABETH HERNANDEZ Project Manager / Associate California Polytechnic State University; Bachelor of Architecture (2011) San Luis Obispo, California LA Metro Program; Architecture Urban Design Studio, (Winter-Spring 2011) Los Angeles, California Studio Ticino; Design Studio (Summer 2010) Scudellate, Switzerland California State University (2004-2007) Bakersfield, California PROFESSIONAL EXPERIENCE Skarphol Associates, Paul Skarphol, Architect Architect Intern, 2005 - Present AC Martin Partners Intern, 2011 PROJECT EXPERIENCE Precision Pharmacy 5301 Young Street 9,186 SF Tenant Improvement Gazelle Transportation Inc. 34923 Dirigible Court 7,740 SF New Office Building 12,016 SF New Shop Building Yoga Space 2611 'F' Street 7,252 S.F. Tenant Improvement Kanpai Restaurant 9500 Brimhall Rd. Suite 501 4,400 S.F. Restaurant Tenant Improvement Seneca Resources 4800 Corporate Court 15,000 S.F. New Office Building Cox Petroleum Transport 118 Cox Transport Way 9,445 S.F. New Office Building 06128117 CC AGENDA PACKET PG 280 SKARPHOL ASSOCIATES Paul Skarphol, Architect Skarphol Associates is currently participating in many on-going Architectural projects in and around the City of Bakersfield. However, Skarphol Associates does have sufficient staff available to work on projects of varying size and scope. Skarphol Associates also will reallocate resources to accommodate a clients needs and to meet any intended project deadlines. Currently, the amount of resources allocated to on-going projects is about 65% of total work force. Below is a list of current projects: Greg's Petroleum 17,000 sf Industrial Office Building, Bulk Plant and Card Lock 7905 Downing Avenue, Bakersfield, California Project Phase: Construction Administration Project Architect: David Erb (<I% of resources) Project Manager: Elizabeth Hernandez (2% of resources) Projected Completion Date: 8/24/2017 Tangraw Interiors 11,465 sf Furniture Showroom and Warehouse 7415 Meany Avenue, Bakersfield, California Project Phase: Construction Administration Project Architect: David Erb (<I% of resources) Project Manager: Elizabeth Hernandez (2% of resources) Projected Completion Date: 7/28/2017 USDA 6,429 sf Office Tenant Improvement 5080 California Avenue, Bakersfield, California Project Phase: Design Development Project Architect: Paul Skarphol (<I% of resources) Project Manager: Elizabeth Hernandez (2% of resources) Projected Completion Date: 11/1/2017 University of La Verne 11,200 sf Private Office Tenant Improvement 10800 Stockdale Highway, Bakersfield, California Project Phase: Bidding Phase Project Architect / Manager: David Erb (<I% of resources) Projected Completion Date: 9/1/2017 1 9 0 1 I A K R S T R E E T S 111 T E I I I BAKE-RSFIELD, CA 9 3 3 0 661 - 134 . 2741 FAX 661 - 334 - 2 743 06128117 CC AGENDA PACKET PG 281 CURRENT PROJECTS (CONTINUED) The Mission at Kern County — Women's Shelter 9,800 sf Change of Use & Multi-Family Residential Tenant Improvement 2010 V Street, Bakersfield, California Project Phase: Construction Documents Project Architect / Manager: David Erb (<I% of resources) Projected Completion Date: 11/1/2017 Unique Hair Design & Day Spa 3,000 sf Salon Suite Tenant Improvement 5080 California Avenue, Bakersfield, California Project Phase: Construction Documents Project Architect: David Erb (<I% of resources) Project Manager: Jason Love (5% of resources) Projected Completion Date: 10/1/2017 1 8 0 1 OAK STRF',ET S U I T E I I I BAK E Rs FIELD , CA 9 3 3 0 661 - 114 - 3741 FAX, 601 -334 - 2743 06128117 CC AGENDA PACKET PG 282 SKARPHOL ASSOCIATES Paul Skarphol, Architect Greg's Petroleum $4,200,000 7905 Downing Avenue, Bakersfield, CA 17,000 sf Industrial Office Building, Bulk Plant and Card Lock Full Architectural and Engineering services from Pre-design Planning to Construction Administration March 2015 — Present (8/24/2017 projected completion date) Project Architect: David Erb Project Manager: Elizabeth Hernandez Contract Amount: $119,325 Owner: Mr. Ron Mariani / 621 High Street, Delano, California 93215 / (661)725-2078 Cox Petroleum Transport $1,700,000 1.1.8 Cox Transport Way, Bakersfield, CA 9,445 sf Office Building Full Architectural and Engineering services from Pre-design Planning to Construction Administration May 2014 — January 2016 Project Architect: Gregory Frank Project Manager: Elizabeth Hernandez Contract Amount: $128,965 Owner: Mr. Daniel Mairs / 118 Cox Transport Way, Bakersfield, California 93307 / (661)366-3236 Seneca Resources $2,200,000 4800 Corporate Court, Bakersfield, CA 15,000 sf Office Building Full Architectural and Engineering services from Pre-design Planning to Construction Administration August 2013 — November 2014 Project Architect: Gregory Frank Project Manager: Elizabeth Hernandez Contract Amount: $175,350 Owner: Mr. Brad Elliot / 4800 Corporate Court, Bakersfield, California 93311 / (661)391-3545 Building Remodel at 5555 Truxtuo Avenue $ 600,000 5555 Truxtun Avenue, Bakersfield, CA 7,000 sf Commercial Building Remodel Full Architectural and Engineering services from Pre-design Planning to Construction Administration April 2012 — December 2012 Project Architect: Paul Skarphol Project Manager: David Erb Contract Amount: $38,160 Owner: Mr. Mike Hong, / 2716 Ocean Park Boulevard, Santa Monica, California 90405 / (310) 314-2400 1 8 0 1 0 A K S T R E E T S U I T E I I I B , %KERSFIELf.), CA 9 3 3 0 661 - 334 - 2741 FAX: 601 3 3 4- 2 7.13 'k lrpholassocowi Corn 06128117 CC AGENDA PACKET PG 283 Ma City of Shafer, Learning Center $ 300,000 236 James Street, Shatter, CA 4,200 sf Educational Tenant Improvement Full Architectural and Engineering services from Pre-design Planning to Construction Administration December 2013 — March 2014 Project Architect: Paul Skarphol Project Manager: David Erb Contract Amount: N/A Owner: County of Kern, General Services / 1115 Truxtun Avenue, Third Floor, Bakersfield, California 1 8 0 1 0 A K S T R E E T S U I T E I I ! BAKERSHELD, CA 9 3 3 0 6111 - .134 . 3.741 74� 6 FAX: 661 - 3 34 - 2 74 3 06128117 CC AGENDA PACKET PG 284 SKARPHOL ASSOCIATES PAUL SKARPHOL, ARCHITECT Skarphol Associates is a full service Architectural Design Firm specializing in programming, site planning, medical, commercial and residential design, space planning, interior design and furniture specification. The firm was established in July of 1992 by Paul Skarphol, Architect, as a sole proprietor and now employs a production staff of twelve. Their offices are located in the Park Plaza Executive Office Complex at 1801 Oak Street, Suite 111, Bakersfield, California. Paul Skarphol has over 30 years of experience in Bakersfield serving a wide spectrum of clients including public, corporate and private. He has gained a reputation of working closely with public agencies, developers, building owners, property managers, leasing agents, contractors and private clients to ensure quality design and consultation. He has aligned himself with highly qualified staff members and engineering consultants to ensure that projects are completed on time and within budget. Our real success, however, is in establishing long-term, working relationships with our clients. I believe that the combination of large, multi-story projects, technically oriented medical and manufacturing facilities, small tenant improvements and custom residential design has given us a unique overview of project management that allows us the flexibility to customize our services for each client. The attached list of representative projects and referrals is a brief overview of our diversity. Paul Skarphol, Architect SKARPHOL ASSOCIATES OAK S T R E E T S U 11' E I 1 1 13 A K E RSF f E L D ' CA 9 3 3 () 1 6 6 1 - 3 3 4 - 2 7 4 1 AX : 6 6 1 - 3 , 4 - 2,43 4 a rpholam' C late S Coln 06128117 CC AGENDA PACKET PG 285 SKA"HOL ASSOCIATES Paul Skarphol, Architect Civil Engineer Mr. Bob Swanson SWANSON ENGINEERING, INC. 5500 Ming Ave., Bakersfield, California 93309 Phone: 661/831-4919 Email: Structural Engineering Mr. Joshua Moody JOSHUA MOODY, SE 569 Higuera St., Suite B, San Luis Obispo, California 93401 Phone: 805/540-8343 Email: Plumbing & Mechanical Engineering Mr. Mark Baskin BASKIN MECHANICAL ENGINEERS 175 Fulton Street, Fresno, California 93721 Phone: 559/237-0376 Email: Electrical Engineering Ms. Patricia J. Hayes PATRICIA J. HAYES, ELECTRICAL ENGINEERING 22496 Avenue 184, Strathmore, California 93267 Phone: 559/361-0868 Email: OAK STREE ' T S U I T E I I i 13AKE RSF1 ELD ' CA 9 3 3 0 1 6 6 1 - .13 4 - 2 7 4 1 FAN, 6 6 1 - 3 3 4 - 2 7 4 31 06128117 CC AGENDA PACKET PG 286 0 Z1 0 ILI Oki W; Ill] %,.(N; I v Impla Claims by Skarphol Associates: Name of project owner: C.L. Knox Project completion date: Ongoing Basis for claim: Breach of contract Claim or suit amount: To be determined Current Status: Ongoing Award or settlement amount: To be determined Claims Against Skarphol Associates: Name of project owner: C.L. Knox Project completion date: Ongoing Basis for claim: Breach of contract and professional negligence Claim or suit amount: To be determined Current Status: Ongoing Award or settlement amount: To be determined Paul Skarphol, Architect SKARPHOL ASSOCIATES O A K s 'r R 1: ET S U I T E 11 1 13 A K E R SY, I E L 1) ' CA 9 3 3 0 1 6 6 1 - ? 3 4 - 2 7 4 1 FAX 061 334 - 2 14 3 shfpholassoe late,, com 06128117 CC AGENDA PACKET PG 287 SKARPHOL ASSOCIATES Paul Skarphol, Architect Current Insurance Coverage Skarphol Associates has current coverage for Professional Liability Insurance with Argonaut Insurance Company, automobile liability Insurance and General Liability Insurance with Nationwide, and Worker's Compensation Insurance with State Compensation Insurance Fund for amounts exceeding the City's One Million Dollar requirement. Proof of insurance will be provided upon request. Paul Skarphol, Architect SKARPHOL ASSOCIATES 0A K S T R E E T S U I T E I I I BAK r� R S M M CA 9 3 3 0 661 - 334 . 2741 FAX. 66 1 - 3 34 - 2743 06128117 CC AGENDA PACKET PG 288 Attachment RFQ-2 AGREEMENT NO. DESIGN CONSULTANT CONTRACT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a chartered City and municipal corporation, ("CITY" herein), and a ("DESIGN CONSULTANT" herein). R E C I T A L S WHEREAS, DESIGN CONSULTANT represents, and, if a corporation or partnership all officers thereof, are licensed professionals in engineering, design, or similar professional areas, and holds a professional degree, or degrees, in some; and WHEREAS, DESIGN CONSULTANT acknowledges it is required and represents it does currently have errors and omissions insurance which will protect the City of Bakersfield in the event of professional errors or omissions by the DESIGN CONSULTANT; and WHEREAS, DESIGN CONSULTANT represents it is experienced in the field of design and specifically experienced in the field of ; and WHEREAS, the CITY does not have expertise currently on staff to conduct - and WHEREAS, DESIGN CONSULTANT has reviewed the CITY's project and is satisfied that the DESIGN CONSULTANT understands the requirements of said project; and WHEREAS, CITY has issued a Request for Proposals, ("RFP" herein), which is attached as Exhibit "A" and incorporated herein by reference; and WHEREAS, DESIGN CONSULTANT has submitted a proposal in response to the CITY's Request for Proposal, and said proposal is attached as Exhibit "B" and incorporated herein by referenced; and WHEREAS, DESIGN CONSULTANT represents it is competent to undertake the project set forth in the CITY's Request for Proposal; and DESIGN CONSULTANT AGREEMENT SAOffioe Building EVanslonkConsuftant SeledionkDesign-ConsuftanLAgrdocx Updated — March 9, 2016 -- Page 1 of 12 Pages -- 06128117 CC AGENDA PACKET PG 289 Attachment RFQ-2 WHEREAS, DESIGN CONSULTANT represents it has an adequate number of properly licensed and experienced employees on its staff to accomplish the task set forth in this Agreement; and WHEREAS, the term DESIGN CONSULTANT as used herein includes all officers of any corporation executing this Agreement, NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and DESIGN CONSULTANT mutually agreed as follows: 1. SCOPE OF WORK. DESIGN CONSULTANT shall competently and thoroughly design the project set forth in CITY's RFP and is generally described as follows: (General description) DESIGN CONSULTANT's services shall include all the procedures necessary to properly complete the task DESIGN CONSULTANT has been called upon to perform, whether specifically included in the scope of work or not. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of Dollars ( ) which shall be paid as follows: . . . ......... The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. 3. TIME FOR COMPLETION. DESIGN CONSULTANT shall complete all assigned tasks set forth in the scope of work no later than (date) 4. PAYMENT PROCEDURE. DESIGN CONSULTANT shall be compensated after receipt of an itemized invoice for the work completed and approved by the CITY in accordance with the terms of this Agreement. Payment by CITY to DESIGN CONSULTANT shall be made within thirty (30) days after receipt and approval by CITY of DESIGN CONSULTANT's itemized invoice; however, where required by the City of Bakersfield Municipal Code, the CITY will withhold a portion of DESIGN CONSULTANT's payment for the time period and purposes set forth therein. DESIGN CONSULTANT AGREEMENT SAO ice Building ExpansiontConsuftant "actionkDesign-Consuftant.Agr.dwx Updated —March 9, 2015 -- Page 2 of 12 Pages -- 06128117 CC AGENDA PACKET PG 290 Attachment RFQ -2 5. STARTING WQRK. DESIGN CONSULTANT shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by DESIGN CONSULTANT and CITY. is: 6. CONTRACT ADMINISTRATOR. The Contract Administrator for the CITY Name: City of Bakersfield 1600 Truxtun Avenue Bakersfield, California 93301 Telephone: (661) 326- DESIGN CONSULTANT's Project Manager shall be designated as: Telephone: (._... -W ) The Contract Administrator and the Project Manager shall be the primary contact persons for CITY and DESIGN CONSULTANT. It is expressly understood that only the CITY may approve modifications to the contract, and all such modifications must be in writing and approved by the appropriate procedures set forth in the Bakersfield Municipal Code. T. KEY PERSONNEL. At request of CITY, DESIGN CONSULTANT shall name all key personnel to be assigned to the work set forth herein. All key personnel shall be properly licensed and experienced for the work to be performed under this Agreement. DESIGN CONSULTANT shall provide background for each of the key personnel including, without limitation, resumes and work experience in the type of work called for herein. CITY reserves the right to approve key personnel. Once the key personnel are approved DESIGN CONSULTANT shall not change such personnel without the written approval of CITY. 8. DIRECTION. DESIGN CONSULTANT retains the right to control or direct the manner in which the services described herein are performed. 9. EQUIPMENT , DESIGN CONSULTANT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 10. CONFLICTS QF INTEREST. DESIGN CONSULTANT stipulates that corporately, or individually, the firm, its employees and subconsultants do not have, and in the future will not have, financial interest in either the success or DESIGN CONSULTANT AGREEMENT SA0ffice Buildng ExpansionTonsuRant SelectionMes4n- Consultard.Agr.docx UpdaW —March 9, 2015 -- Page 3 of 12 Pages -- 0612$117 CC A EN A PACKET FAG 291 Attachment RFQ-2 failure of any project which is dependent upon the result of the work prepared pursuant to this Agreement or which may be constructed as a result of this Agreement. 10.1 If this Agreement involves the design of a project which is the subject of a Cooperative Agreement between CITY and the California Department of Transportation (CalTrans), DESIGN CONSULTANT stipulates that corporately, or individually, the firm, its employees and subconsultants are not currently, and in the future, will not be, employed by or under contract to any contractor who may be awarded the contract to construct the project. 11. NO CITY INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement, (California Government Code 1090). 12. ACCEPTANCE OF WORK. The acceptance of work or payment for work by CITY shall not constitute a waiver of any portion or any provision of this Agreement. 13. LICENSES. DESIGN CONSULTANT shall, at DESIGN CONSULTANT's sole cost and expense, have at the time of bidding or proposal submission and shall keep in full force and effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for DESIGN CONSULTANT to practice its profession in the State of California. DESIGN CONSULTANT, if a corporation or partnership, shall at the time of bid or proposal submission, submit proof satisfactory to CITY that all appropriate corporate officers or partners are properly licensed professionals and that all employees or subcontractors assigned to perform professional work on the project or task set forth in the Scope of Work are properly licensed. In any professional consulting firm, all key employees who are involved in providing advice to CITY shall have no less than a four year college degree in the appropriate field of study as determined by CITY. DESIGN CONSULTANT shall submit proof of same to CITY upon bid or proposal submission. 14. NO WAIVERQIF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 15. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in anyway from this Agreement shall be brought in Kern County, California. 16. FURTHER ASSURANCES Each party shall execute and deliver such DESIGN CONSULTANT AGREEMENT SAOffioe Building ExpansionlConsultant SelectionM)esign-Consuhafft.Agr.docx Updated — March 9, 2015 -- Page 4 of 12 Pages -- 06128117 CC AGENDA PACKET PIS 292 Attachment RFQ-2 papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. 17. TERM. Unless terminated sooner as set forth herein this Agreement shall terminate on (date). 18. TERMINATION FOR CAUSE. If at any time CITY becomes dissatisfied with the performance of DESIGN CONSULTANT under this Agreement, CITY may terminate this Agreement on ten (10) days written notice. Written notice shall be given pursuant to the notices paragraph of this Agreement. 19. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD City Hall 1600 Truxtun Avenue Bakersfield, California, 93301 DESIGN CONSULTANT: 20. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties. 21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and DESIGN CONSULTANT AGREEMENT SAOffice Building Expansion\Consubnt WadonWesign-Consuftnt.AgrAom Updated — March 9, 2016 -- Page 5 of 12 Pages -- 06128117 CC AGENDA PACKET PG 293 Attachment RFQ-2 assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 22. MERGER AND MODIFICATION. This Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 23. COMPLIANCE WITH ALL LAWS. DESIGN CONSULTANT shall, at DESIGN CONSULTANT's sole cost, comply with all applicable requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. In the event of changes in such authority which require a material change in DESIGN CONSULTANT's scope of work or schedule, subject to mutual agreement, such changes shall be considered additional services. 24. $B $54 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 10 164 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. 26. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of DESIGN CONSULTANT as an independent contractor. DESIGN CONSULTANT is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with DESIGN CONSULTANT other than that of an independent contractor. DESIGN CONSULTANT AGREEMENT SADI'lice Building ExpansloMConsultant SeledlonOesign-Consultard.Aar.dmx Updated —March 9, 2016 Page 6 of 12 Pages -- 06128117 CC AGENDA PACKET PIS 294 F-11 i Vn 26. INDEMNITY. 26.1 DESIGN CONSULTANT shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, arising from DESIGN CONSULTANT's negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by DESIGN CONSULTANT, DESIGN CONSULTANT's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 26.2 If the provisions of Civil Code Section 2782.8 are applicable to this Agreement, the DESIGN CONSULTANT shall indemnify, defend and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands, against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of DESIGN CONSULTANT, 27. INSURANCE. In addition to any other insurance or bond required under this Agreement, the DESIGN CONSULTANT shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance requirements" herein): 27.1 Professional liability Insurance providing coverage on claims made basis for errors and omissions with limits of not less than One Million Dollars ($1,000,000) aggregate; and 27.2 Automobile liability Insurance providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 27.2.1 Provide coverage for owned, non-owned and hired autos. 27.3 Broad form commercial general liability insurance unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million DESIGN CONSULTANT AGREEMENT S:=ce Building Expansion\Consuttant SalectionMesign-Consuftant.AgrA= Updated — March 9, 2015 -- Page 7 of 12 Pages -- 06128117 CC AGENDA PACKET PG 295 Attachment RFQ-2 Dollars ($1,000,000) per occurrence; and the policy shall: 27.3.1 Provide contractual liability coverage for the terms of this Agreement. 27.3.2 Provide unlimited products and completed operations coverage. 27.3.3 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. 27.3.4 All policies shall be written on a first-dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, DESIGN CONSULTANT may utilize a Self-Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self-Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 27.4 Workers' compensation Insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. 27.6 Except for professional liability, all policies required of the DESIGN CONSULTANT shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the DESIGN CONSULTANT's insurance and shall not contribute with it. 27.6 Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A-.VII. Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A-:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. DESIGN CONSULTANT AGREEMENT S:Qfte Building ExpansionkConsultant SelectionXDesign-Consultent,Agrdo" Updated —March 9, 2015 — Page 8 of 12 Pages -- 06128117 CC AGENDA PACKET PG 296 Attachment RFQ-2 27.7 Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 27.8 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 27.9 The DESIGN CONSULTANT shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. 27.10 Full compensation for all premiums which the DESIGN CONSULTANT is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 27.11 It is further understood and agreed by the DESIGN CONSULTANT that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the DESIGN CONSULTANT in connection with this Agreement. 27.12 Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for DESIGN CONSULTANT. 28. THIRD PARTY CLAIMS. In the case of public works contracts CITY will timely notify DESIGN CONSULTANT of third party claims relating to this contract. CITY shall be allowed to recover from DESIGN CONSULTANT, and DESIGN CONSULTANT shall pay on demand, all costs of notification. 29. ACCOUNTING RECORDS. DESIGN CONSULTANT shall maintain accurate records, including but not limited to accounting records, and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at DESIGN CONSULTANT's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and said records shall be DESIGN CONSULTANT AGREEMENT SAOffica Building FaxpansijonNConsuftant SeledionNDesign-Consultant.Agr.d= Updated —March 9, 2015 -- Page 9 of 12 Pages -- 06128117 CC AGENDA PACKET PG 297 Attachment RFQ-2 made available to CITY representatives upon request at any time during regular business hours. 30. CONFIDENTIALITY. During the term of this Agreement, DESIGN CONSULTANT may have disclosed to it information of a legal and confidential nature, and such information could severely damage CITY if disclosed to outside parties. Except as otherwise required by law, when informed that information is confidential, DESIGN CONSULTANT will not disclose to any person, directly or indirectly, either during the term of this Agreement or at any time thereafter, any such information or use such information other than as necessary in the course of this Agreement. All documents DESIGN CONSULTANT prepares and confidential information given to DESIGN CONSULTANT under this Agreement are the exclusive property of the CITY. Under no circumstances shall any such information or documents be removed from the CITY without the CITY's prior written consent. 31. TITLE TO DOCUMENTS All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by DESIGN CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 32. TAX NUMBERS. DESIGN CONSULTANT's Federal Tax Identification No. DESIGN CONSULTANT is a corporation? Yes No (Please check one) 33. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 34. EXECUTIQN. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 35. NEWS RELEASESANTERVIEWS. All news releases, media interviews, testimony at hearings and public comments relating to this Agreement by DESIGN CONSULTANT shall be prohibited unless authorized by the CITY. 36. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. DESIGN CONSULTANT AGREEMENT SAW= Bifilding Expansbn\Consuftant SelectionkDesign-Consuftard,Agrdoex Updated — March 9, 2015 — Page 10 of 12 Pages 06128117 CC AGENDA PACKET PG 298 Affachment RFQ-2 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 CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: (NAME & TITLE) Insurance: COUNTERSIGNED: By: NELSON SMITH Finance Director "DESIGN CONSULTANT" (COMPANY NAME) By: TypeorPrintNanne: Additional Signatures on Following Page DESIGN CONSULTANT AGREEMENT S:* ice Building ExpansionkConsuftent Selection\Design-ConsuKam,Agr.dou Updated —March 9, 2015 -- Page 11 of 12 Pages -- ♦ fzg$ 06128117 CC AGENDA PACKET PG 299 Affachment RFQ-2 Attachments; Exhibit "A" & "B" DESIGN CONSULTANT AGREEMENT SAOffice Building ExpanslwConsuftanl SelectionkOesign-Consuttant,Agr.d= Updated —March 9, 2016 — Page 12 of 12 Pages -- 06128117 CC AGENDA PACKET PIS 300 June 16, 2017 Samuel Blue Water Resources Department City of Bakersfield Subject: Proposal for Architectural and Engineering Services Water Resources Department Office Building Expansion 1000 Buena Vista Road Dear Samuel Blue, Thank you for allowing us the opportunity to offer this proposal for Architectural and Engineering Services. Below I have outlined our basic construction document services for your review and approval. PROJECT DESCRIPTION This project generally consists of a ±2,500 s.f. office building expansion for the existing Water Resources Department Office Building at 1000 Buena Vista Road per the RFQ provided by the City of Bakersfield on Wednesday, May 3, 2017. The project will be designed to meet all Federal, State and local ordinances including site and building accessibility per ADA & California Title 24. DESCRIPTION OF SERVICES Pre - Design Phase: Prior to beginning the initial design, Skarphol Associates will need to obtain reliable site information such as legal and physical descriptions of the property. This will provide us with the appropriate information needed to proceed to the next phase. Schematic Design Phase: This phase will provide a general design concept for the project outlined above. During this time we will meet as needed to complete the overall design idea. By the end of this phase we will have a preliminary site plan, floor plan, roof plan and exterior elevations ready to be taken into the next phase. During this phase, you will need to obtain reliable site information such as legal and physical descriptions of the property, soils testing and topographical surveys. 3D computer modeling and rendering services are available but are not included in this proposal. If you would like to proceed with these services a separate fee proposal will be provided to you for your review and approval. Site Plan Review Submittal: Upon your approval of the Schematic Design Phase we will prepare the necessary documents to submit plans to the City of Bakersfield Planning Department for their review and approval. Any agency fees have been excluded from this proposal. When those fees are determined by the agencies reviewing, we will forward those to you for payment. I, A ;: •, fir, .N.. d. 2 "7 4 ] G:A5060 COB Water Resources Depannent \Documents \5060_Fee Proposal.doc 06128117 CC AGENDA PACKET FAG 301 Design Development Phase: Upon your approval of the Schematic Design Phase, we will continue to develop the plans in a more detailed manner. We will work closely with you to identify specific equipment locations and requirements. Close coordination will be made with the civil, structural, mechanical, plumbing, electrical and landscape systems to insure proper integration into the final design. Any miscellaneous details will be developed in the construction document phase. Construction Document Phase: Beginning with the approval of the design development phase, we will prepare construction documents for the project. The drawings prepared by Skarphol Associates will be detailed plans for construction, including: site plan, floor plan, exterior elevations, roof plan and details; and structural framing plans and calculations. The structural engineer may require soils test information to begin design and calculations for the building. Soils testing and reporting is not included within the scope of work for this proposal. Following your approval of the construction document phase, Skarphol Associates will submit the plans to City of Bakersfield Building Department for review and approval. Any agency fees have been excluded from this proposal. When those fees are determined by the agencies reviewing, we will forward those to you for payment. Bidding Phase: Upon the City of Bakersfield Building Department's approval of the building permit, Skarphol Associates will prepare a bid package and send it out to bid to a select number of General Contractors. Skarphol Associates will assist the General Contractors during bidding by fielding and replying to all contractor requested clarifications and questions regarding the construction document drawings. Construction Administration Phase: During construction, Skarphol Associates will provide site observations, attend construction meetings and answer any contractor requested clarifications and questions regarding the construction document drawings. FEE PROPOSAL We propose a fixed fee based on the following categories (Including Reimbursable Expenses): Preliminary Phase: $ 12,500.00 Design Phase: $ 27,500.00 Bidding Phase: $ 5,000.00 Construction Phase: $10,000.00 Total Fees: $55,000.00 Breakdown of Architectural and Engineering Services for the fixed fee shown above (Including Reimbursable Expenses): Architectural Services: $ 27,400.00 Civil Engineering: $11,500.00 Structural engineering: $ 8,625.00 Plumbing& Mechanical Engineering: $ 5,175.00 Electrical Engineerins: $ 2,300.00 Total Fees: $ 55,000.00 Billings for services rendered will occur monthly based on a percentage of completion with an itemized invoice and a monthly progress report. The progress report shall include a description of activities performed, an estimate of the percent of work completed, and a summary of any problems encountered as stated in Section 2, Fee Proposal, of the RFQ. Any revisions to the scope of work outlined above or changes requested after the start of construction documents will be considered extra services. If this occurs, Skarphol Associates will prepare a revised fee proposal for your review and approval. G:A5060 COB Water Resources Deparinent \Documents \5060_Fee Proposal.doc 06128117 CC AGENDA PACKET FAG 302 CONTRACT EXECUTION Termination of this contract, by either party, must be provided in writing. Fees for work completed prior to the contract termination will be submitted for payment. We appreciate the opportunity to make this proposal and look forward to working with you on this project. Your signature below along with a retainer of $10,000.00 will authorize us to proceed with the work described within this proposal. The retainer amount will be applied to the final invoice. Please contact me if you have any questions or comments regarding our services. Elizabeth Hernandez Associate Authorized Signature Date G:A5060 COB Water Resources Deparinent\Docuinents \5060_Fee Proposal.doc 06128117 CC AGENDA PACKET FAG 303 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Consent - Agreements q. TO: Honorable Mayor and City Council FROM: Art Chianello, Water Resources Manager DATE: 6/15/2017 WARD: Ward (s) 2, 3, 4, 5, 6, 7 SUBJECT: TCP Mitigation Project: 1. Agreement with W.M. Lyles Co. (not to exceed $1,272,800) for Phase 1 Design/Build services associated with Emergency TCP Mitigation Project. 2. Appropriate $1,272,800 Fund Balance to the Water Resources Capital Improvement Budget within the Domestic Enterprise Fund. STAFF RECOMMENDATION: Staff recommends approval of the agreement and appropriation of the funds. BACKGROUND: In July 2016, the State Water Resources Control Board Division of Drinking Water (DDW) announced its proposal to establish a new maximum contaminant level (MCL) for the synthetic organic chemical 1, 2,3-trichloro propane (TCP). TCP is a contaminant and is found in groundwater in California, especially in the Central Valley and in the Bakersfield area. The DDW has proposed an MCL of five parts per trillion (ppt). The MCL is currently in draft form, and is expected to be adopted by the State Water Board in July 2017. However, as of the preparation of this administrative report, the DDW's website does not show a related agenda item in July for the Board's consideration. Even though the DDW does not have a firm date to adopt the new MCL, the anticipated implementation schedule for the new regulation is extremely aggressive and requires water purveyors to begin sampling for TCP in its groundwater wells during the first quarter of 2018. At this time, it does not appear that the DDW will consider pushing back the implementation date and will keep the aggressive timeline. With the unknown timeframe of when exactly the MCL will be adopted, and whether or not the implementation date will be pushed back, the City is left with no other choice than to proceed forward assuming that our Domestic Water System will have to be in compliance by early 2018. The City operates 64 groundwater wells, and 41 of those wells currently exceed the proposed new MCL for TCP. The City anticipates that ultimately in the next couple of years, the 41 wells 06128117 CC AGENDA PACKET PG 304 that currently exceed the proposed new MCL for TCP will need to be equipped with wellhead treatment to remove TCP prior to delivery into the City's water system. To provide an additional water supply, the City will also have to construct a half-mile 24-inch diameter pipeline to connect one of the City's existing water wells, called Olcese 3, which is not currently connected to the system. New water wells may also be required in the future as a result of the new MCL for TCP. On November 16, 2016, City Council approved a consultant agreement with Provost & Pritchard Consulting Group (P&P) to develop a comprehensive approach to ensure water quality goals and peak hour demands are met. This study included engineering services, water modeling efforts, prioritization of wells, communication with wellhead treatment vendors, and developing construction, and operation and maintenance costs estimates for budgeting and planning purposes. The P&P study concluded that since the City was experiencing a wet water year in 2017, and there was ample surface water available for the domestic water system in 2018, the City would have to equip approximately 27 wells by late spring 2018 to be in compliance with the DDW's new MCL for TCP. Immediately following the equipping of the 27 wells, design and construction of the remaining 14 wells (that make up the 41 wells) would have to begin. P&P also recommended that the half-mile pipeline to Olcese 3 be installed. The equipping of the 27 wells and the installation of the half-mile pipeline connecting Olcese 3 will make up the initial Construction Phase of the project. At the May 10, 2017, City Council meeting a resolution was adopted, which allowed the City to dispense with bidding for procuring wellhead treatment vessels, piping, engineering services, and construction services. This resolution allowed for vessel procurement, granular activated carbon procurement, engineering services, contractor and installation services, design/building contractor, construction management, and miscellaneous ancillary support and equipment related to procurement and installation of treatment systems for TCP removal. Following the adoption of the resolution, City staff has been working with a qualified and reputable contractor, WM Lyles, to develop a scope of work and a cost estimate for the initial construction phase (the 27 wells and the Olcese 3 pipeline) of the City's project. At this time, the preliminary construction cost estimate for the initial construction phase is approximately $35 million. Per the emergency resolution to dispense with bidding, City staff has negotiated a cost for a Design-Build Phase 1 (Phase 1) Scope of Work, which allows the City to continue moving forward at an accelerated pace to complete this project. The initial Phase 1 Scope of Work consists of preparation of 70 percent design drawings for the 27 well sites to be treated, the Olcese 3 Pipeline Improvements, and Emergency Generator Installations at five well sites. Also included are assistance with permitting, site investigations to locate utilities and substructures, geotechnical investigations and associated reports, defining a Design-Build Phase 2 (Phase 2) Scope of Work, and developing a Guaranteed Maximum Price (GMP) for Phase 2. Phase 2 will be a future phase and would be awarded to WM Lyles in an amendment to the Phase 1 agreement, most likely in August of this year. Phase 2 would include preparation of 100 percent design drawings, construction at the 27 well sites, the Olcese 3 pipeline, and the generators at the five well sites. It would also include start-up, testing, and commissioning of the project facilities to get them on-line to meet the compliance schedule. City staff recommends approval of the Agreement with WM Lyles for the Design-Build Phase 1 06128117 CC AGENDA PACKET PG 305 Scope of Work for the Emergency TCP Mitigation Project for an amount not-to-exceed $1,272,800. City staff also recommends appropriating of $1,272,800 fund balance to the Water Resources Capital Improvement Budget within the Domestic Water Fund. No General Fund dollars will be expended for this project. ATTACHMENTS: Description Type D /kgireeirneint /kgireeirneint D ExhbUk Spec,4 Pirovilsbins & Contract (1) ExhNt 06128117 CC AGENDA PACKET PG 306 AGREEMENT NO. DESIGN /BUILD CONSTRUCTION PROJECTS AGREEMENT THIS AGREEMENT is made and entered into on June 28, 2017, by and between the CITY OF BAKERSFIELD, a municipal corporation ( "CITY" herein), and W. M. LYLES CO., a California corporation, ( "DESIGN /BUILDER" herein). RECITALS WHEREAS, on July 20, 2016, the State Water Resources Control Board Division of Drinking Water (DDW) announced their proposal to promulgate a new maximum contaminant level (MCL) for the synthetic organic chemical (SOC) 1,2,3- trichloropropane (TCP); and WHEREAS, the DDW has proposed an MCL of 5 parts per trillion; and WHEREAS, the City of Bakersfield operates 64 groundwater wells, of which 41 are contaminated with TCP at levels exceeding the proposed MCL; and WHEREAS, the anticipated implementation schedule for the new regulation requires utilities to begin sampling for TCP in their groundwater wells during the first quarter of 2018; and WHEREAS, compliance will be based on running annual averages of the four quarterly samples. Utilities with wells having TCP levels more than four times the MCL value will be out of compliance after the first sample result is reported; and WHEREAS, at least 29 wells are likely to be out of compliance after the first quarterly sample in 2018, and 19 would be classified as extremely impaired sources; and WHEREAS, in order to comply with the new proposed MCL, and to protect the health of the public, the City intends to install wellhead treatment at each of the 41 contaminated wells; and DESIGN -BUILD CONSTRUCTION AGR. S: \TCP Removal Project \Agreement \WM Lyles - Design Build \Design- BuildConstructAgr WML City of Bakersfield TCP Mitigation - 06- 16- 17.docx Updated - March 9, 2015 -- Page 1 of 12 Pages -- 6/2$/17 CC AGENDA PACKET IBC 307 WHEREAS, CITY has requested that the DESIGN /BUILDER provide design /build services, the DESIGN /BUILDER has responded to CITY's request, and DESIGN /BUILDER's response is incorporated herein; and WHEREAS, DESIGN /BUILDER represents DESIGN /BUILDER is experienced, well qualified and a specialist in the field of design /build construction; and WHEREAS, CITY desires to employ DESIGN /BUILDER to Design and Construct the TCP Mitigation Project ( "Project" herein), on a design /build basis, as set forth herein; and WHEREAS, CITY has adopted Resolution No. 050 -17 on May 10, 2017, dispensing with bidding procedures, due to the Emergency TCP Mitigation Project for the City of Bakersfield Domestic Water System; and WHEREAS, DESIGN /BUILDER represents it is an entity that lawfully combines the roles of construction and professional design, at a minimum, into a single operating unit. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and DESIGN /BUILDER mutually agree as follows: 1. SCOPE OF WORK. The scope of work will be delivered on a phased basis as described in Attachment A of the Special Provisions. The scope of work to be performed consists, in general, of providing design /build services to design, construct, start -up, test and commission Well Head TCP Treatment Facilities at twenty -seven (27) Well Sites in the City of Bakersfield as more fully described in Attachment B of the Special Provisions in ( "Project" herein). The scope of work shall include all items and procedures necessary to properly complete the task DESIGN /BUILDER has been hired to perform, whether specifically included in the scope of work or not. 1.1. The following shall be deemed to be part of this Agreement as if fully set forth herein: 1.1.1 Special Provisions (attached) 1.1.2 General Conditions 1.1.3 Resolution No. 050 -17 by City Council dispensing with bidding 1.1.4 Performance Bond 1.1.5 Material and Labor Bond 1.1.6 All provisions required by law to be inserted in this Agreement whether actually inserted or not DESIGN -BUILD CONSTRUCTION AGR. S: \TCP Removal Project \Agreement \WM Lyles - Design Build \Design- BuildConstructAgr WML City of Bakersfield TCP Mitigation - 06- 16- 17.docx Updated - March 9, 2015 -- Page 2 of 12 Pages -- 06128117 CC A GEN A PACKET FAG 308 1.1.7 Current State of California DAS 140 Form (if required by Specifications) 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 Two Hundred Seventy -Two Thousand Eight Hundred Dollars ($1,272,800.00) which shall be paid as follows: 2.1. Payment for Phase 1 Services shall be made on a monthly basis for services provided and according to the schedule of values in Attachment C of the Special Provisions; 2.2. The compensation set forth in this section shall be the maximum compensation which DESIGN /BUILDER may receive under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall pay nothing above 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 DESIGN /BUILDER 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 released or otherwise cleared to the satisfaction of the CITY. 3. CONTRACTOR DEFINED. For the purposes of this Agreement, "DESIGN /BUILDER" means a design /build entity as defined in Bakersfield Municipal Code section 3.20.060 and includes legal entities that are able to provide appropriately licensed constructing, architectural and engineering services as needed for construction of the Project. 4. PAYMENT PROCEDURE. DESIGN /BUILDER shall be paid for services rendered in accordance with the Special Provisions applicable to this Project. 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. DESIGN /BUILDER shall, at its sole cost and expense, keep in effect or obtain, and have possession of, at all times during the term of this Agreement any and all licenses, permits, approvals and credentials which are legally required for DESIGN /BUILDER to practice its profession and design and construct the Project. DESIGN -BUILD CONSTRUCTION AGR. S: \TCP Removal Project \Agreement \WM Lyles - Design Build \Design- BuildConstructAgr WML City of Bakersfield TCP Mitigation - 06- 16- 17.docx Updated - March 9, 2015 -- Page 3 of 12 Pages -- 6/2$/17 CC AGENDA PACKET FCC 309 7. 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. 8. 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. 9. COMMUNICATIONS. All communications between CITY and DESIGN /BUILDER concerning the Project or work shall be in writing. 10. 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. 11. COMPLIANCE WITH ALL LAWS. DESIGN /BUILDER shall, at DESIGN /BUILDER'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. 12. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of DESIGN /BUILDER as an independent contractor. DESIGN /BUILDER is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with DESIGN /BUILDER other than that of an independent contractor. DESIGN /BUILDER retains the right to control the manner in which the services described herein are performed and DESIGN /BUILDER will supply all equipment, DESIGN -BUILD CONSTRUCTION AGR. S: \TCP Removal Project \Agreement \WM Lyles - Design Build \Design- BuildConstructAgr WML City of Bakersfield TCP Mitigation - 06- 16- 17.docx Updated - March 9, 2015 -- Page 4 of 12 Pages -- 06128117 CC A GEN A PACKET FAG 310 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 DESIGN /BUILDER shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements ") herein: 13.1. Professional Liability Insurance, providing coverage on claims made basis for errors and omissions with limits of not less than One Million Dollars ($1,000,000) aggregate; and 13.2. 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: 13.2.1. Provide coverage for owned, non -owned and hired autos. 13.3. Broad Form Commercial General Liability Insurance, unless otherwise approved by CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 13.3.1. Provide contractual liability coverage for the terms of this Agreement. 13.3.2. Provide products and completed operations coverage. 13.3.3. Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 13.3.4. All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, DESIGN /BUILDER may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self- DESIGN -BUILD CONSTRUCTION AGR. S: \TCP Removal Project \Agreement \WM Lyles - Design Build \Design- BuildConstructAgr WML City of Bakersfield TCP Mitigation - 06- 16- 17.docx Updated - March 9, 2015 -- Page 5 of 12 Pages -- 6/2$/17 CC AGENDA PACKET FCC 311 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. 13.4. Workers' Compensation Insurance, with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 13.5. Except for professional liability, all policies required of the DESIGN /BUILDER 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 DESIGN /BUILDER's insurance and shall not contribute with it. 13.6. Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in 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. 13.7. Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 13.8. The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 13.9. The DESIGN /BUILDER 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. DESIGN -BUILD CONSTRUCTION AGR. S: \TCP Removal Project \Agreement \WM Lyles - Design Build \Design- BuildConstructAgr WML City of Bakersfield TCP Mitigation - 06- 16- 17.docx Updated - March 9, 2015 -- Page 6 of 12 Pages -- 6/2$/17 CC AGENDA PACKET FCC 312 13.10. Full compensation for all premiums which the DESIGN /BUILDER 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. 13.11. It is further understood and agreed by the DESIGN /BUILDER that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the DESIGN /BUILDER in connection with this Agreement. 13.12. 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 DESIGN /BUILDER. 13.13. DESIGN /BUILDER shall provide performance, labor and material bonds in amounts and in a form suitable to the CITY. Labor and material (payment) bonds shall be no less than required by statute. CITY shall approve in writing all such security instruments prior to the commencement of work on the Project. 14. INDEMNITY. 14.1. DESIGN /BUILDER 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 DESIGN /BUILDER, DESIGN /BUILDER'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 as limited by California Civil Code Section 2782 or CITY's sole negligence, active negligence or willful misconduct. 14.2. For work performed by DESIGN CONSULTANT under this Agreement where the provisions of Civil Code Section 2782.8 apply, the DESIGN /BUILDER must indemnify, defend and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands, against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of DESIGN /BUILDER. DESIGN -BUILD CONSTRUCTION AGR. S: \TCP Removal Project \Agreement \WM Lyles - Design Build \Design- BuildConstructAgr WML City of Bakersfield TCP Mitigation - 06- 16- 17.docx Updated - March 9, 2015 -- Page 7 of 12 Pages -- 6/2$/17 CC AGENDA PACKET FCC 313 15. TERMINATION. This Agreement may be terminated as set forth in the Special Provisions for this Project. If no termination clauses are included in the Special provision this Agreement may be terminated for DESIGN /BUILDER default. The following circumstances shall be deemed a DESIGN /BUILDER default: 1) a material breach of the contract where DESIGN /BUILDER fails to cure said breach within ten (10) days of notice from CITY. If said breach cannot reasonably be cured within ten (10) days DESIGN /BUILDER 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 DESIGN /BUILDER applicable to the Project and where DESIGN /BUILDER 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) DESIGN /BUILDER 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) DESIGN /BUILDER fails to adequately respond in writing to CITY's written demand for adequate assurances. DESIGN /BUILDER must respond to CITY'S demand for adequate assurances within ten (10) days in writing with all necessary information to assure CITY that DESIGN /BUILDER has the financial and other necessary resources to perform the contract without breach. All information requested by CITY shall be supplied or DESIGN /BUILDER will be in material breach of this Agreement. 15.1. In the event of termination by CITY as set forth above, DESIGN /BUILDER shall remain fully liable for any work not completed, liquidated damages, , materials and equipment provided, designs commenced through the date of termination, and consequential damages. DESIGN /BUILDER 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. DESIGN /BUILDER shall assign all subcontracts to CITY, however, CITY may accept or reject said subcontracts at its sole discretion. 15.2. CITY and DESIGN /BUILDER 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 DESIGN /BUILDER 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 DESIGN /BUILDER for termination for convenience. DESIGN -BUILD CONSTRUCTION AGR. S: \TCP Removal Project \Agreement \WM Lyles - Design Build \Design- BuildConstructAgr WML City of Bakersfield TCP Mitigation - 06- 16- 17.docx Updated - March 9, 2015 -- Page 8 of 12 Pages -- 6/2$/17 CC AGENDA PACKET FAG 314 16. STOP NOTICES OR LIENS. DESIGN /BUILDER shall not allow any stop notices or liens to be filed on the project herein, 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. DESIGN /BUILDER agrees CITY may withhold from any funds held by CITY concerning the Project herein 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. 17. 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. 18. 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 Unites States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT 1000 BUENA VISTA ROAD Bakersfield, California 93311 Telephone: (661) 326 -3715 DESIGN /BUILDER: W. M. LYLES CO. 1210 W. Olive Avenue Fresno CA 93728 Telephone: (559) 441 -1900 19. 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. 20. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or DESIGN -BUILD CONSTRUCTION AGR. S: \TCP Removal Project \Agreement \WM Lyles - Design Build \Design- BuildConstructAgr WML City of Bakersfield TCP Mitigation - 06- 16- 17.docx Updated - March 9, 2015 -- Page 9 of 12 Pages -- 6/2$/17 CC AGENDA PACKET FCC .31.E exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. 21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the 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. 22. 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 DESIGN /BUILDER pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY and may be used by CITY for any purpose without further compensation or authorization of DESIGN /BUILDER. 23. ACCOUNTING RECORDS. DESIGN /BUILDER shall maintain accurate accountings records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at DESIGN /BUILDER's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder or, if federal or state funds are used on the Project, the closeout of any government grant, whichever is greater, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 24. SITE INSPECTION. CITY shall be allowed to inspect the construction site at any time and DESIGN /BUILDER 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, schedules, documents, photographs and other documentation relating to the Project. 25. 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. DESIGN -BUILD CONSTRUCTION AGR. S: \TCP Removal Project \Agreement \WM Lyles - Design Build \Design- BuildConstructAgr WML City of Bakersfield TCP Mitigation - 06- 16- 17.docx Updated - March 9, 2015 -- Page 10 of 12 Pages -- 6/2$/17 CC AGENDA PACKET FAG 316 26. PATENTS. DESIGN /BUILDER agrees that it shall at its own expense defend any suit that may be instituted against CITY for alleged infringement of United States patents relating to DESIGN /BUILDER products furnished to CITY hereunder, provided such alleged infringement shall consist only in the use of such product by itself and not as a part of any combination of other devices and /or parts that is not intended under this Agreement or later approved by DESIGN /BUILDER, and provided CITY gives DESIGN /BUILDER timely notice in writing of any such alleged infringement and of the institution of any such suit and permits DESIGN /BUILDER, through its counsel, to answer the charge of infringement and to defend such suit, and provided CITY gives all reasonably necessary information, assistance, and authority to enable DESIGN /BUILDER to do so. In case of a final award of damages in any such suit DESIGN /BUILDER shall pay such award, but shall not be responsible for any settlement made without its written consent. 27. TAX NUMBERS. DESIGN /BUILDER's Federal Tax ID Number 77-0004110 DESIGN /BUILDER is a corporation? Yes No (Please check one) 28. NON - INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code Section 1090). DESIGN -BUILD CONSTRUCTION AGR. S: \TCP Removal Project \Agreement \WM Lyles - Design Build \Design- BuildConstructAgr WML City of Bakersfield TCP Mitigation - 06- 16- 17.docx Updated - March 9, 2015 -- Page 1 1 of 12 Pages -- 06128117 CC A GEN A PACKET FAG 317 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 By: RICHARD IGER Deputy City Attorney Insurance: APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT ART CHIANELLO Water Resources Manager COUNTERSIGNED: By: NELSON SMITH Finance Director "DESIGN /BUILDER" By: Print Name Title: Attachment - Exhibit "A" - Special Provisions and Contract DESIGN -BUILD CONSTRUCTION AGR. S: \TCP Removal Project \Agreement \WM Lyles - Design Build \Design- BuildConstructAgr WML City of Bakersfield TCP Mitigation - 06- 16- 17.docx Updated - March 9, 2015 -- Page 12 of 12 Pages -- 6/2$/17 CC ACEN A PACKET FCC 318 CITY OF BAKERSFIELD CALIFORNIA SPECIAL PROVISIONS AND CONTRACT FOR TCP MITIGATION PROJECT DATE: JUNE 28, 2017 PROJECT NO.: E7J013 CITY OF BAKERSFIELD Water Resources Department 1000 Buena Vista Road Bakersfield, California 93311 Project Engineer: JASON MEADORS Filename: S: \TCP Removal Project\Agreement \WM Lyles - Design Build \Old \_SP BASIC ALL 2017_04_12 RA2 And RA3.Docx Prepared from form document T: \PW Engr \Spec - Boiler \_SP BASIC ALL 2014_12_18.docx 0612$117 CC A EN A PACKET FAG 319 TABLE OF CONTENTS PART A SPECIAL PROVISIONS SECTION 1 - DEFINITIONS AND TERMS 1 -1.01 General ................................................................................................ ............................A -1 1 -1.02 Definitions and Terms .......................................................................... ............................A -1 SECTION 2 - NOT USED SECTION 3 - AWARD AND EXECUTION OF CONTRACT 3 -1.01 General ................................................................................................ ............................A -3 3 -1.02 Award of Contract ................................................................................ ............................A -3 3 -1.03 Contract Bonds .................................................................................... ............................A -3 3 -1.04 Execution of Contract ........................................................................... ............................A -3 SECTION 4 - BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES 4 -1.01 General ................................................................................................ ............................A -4 4 -1.02 Schedule of Values .............................................................................. ............................A -4 4 -1.03 Construction Documents ...................................................................... ............................A -4 SECTION 5-GENERAL 5 -1.01 State Contract Act Not Applicable.. 5 -1.02 Alteration in Quantity of Work ........ 5 -1.03 Control of Work .............................. 5 -1.04 Prevailing Wages ........................... 5 -1.05 Not used .......... ............................... 5 -1.06 Labor Nondiscrimination ................ 5 -1.07 Apprentices ..... ............................... 5 -1.08 Trench Safety .. ............................... 5 -1.09 Sound Control Requirements......... 5 -1.10 Permits and Licenses ..................... 5 -1.11 Working Hours ............................... 5 -1.12 Laws to Be Observed ..................... 5 -1.13 Contractor's Insurance ................... 5 -1.13a Indemnity ......... ............................... 5 -1.13b Insurance ........ ............................... 5 -1.14 Contractor's Authority ..................... 5 -1.15 Work in City Streets ....................... 5 -1.16 Right of Way .... ............................... 5 -1.17 Suspension of Contract .................. 5 -1.18 Temporary Suspension of Work .... 5 -1.19 Schedule ......... ............................... 5 -1.20 Payments ........ ............................... 5 -1.21 Final Payment . ............................... 5 -1.22 Increased or Decreased Quantities 5 -1.23 Hazardous Materials ...................... 5 -1.24 Subcontracting ............................... 5 -1.25 Substitution of a Subcontractor ..... SECTION 6 - CONTROL OF MATERIALS 6 -1.01 General ............ ............................... 6 -1.02 Borrow, Disposal and Material Sites 6 -1.03 Certificates of Compliance .............. ..A -5 ..A -5 ..A -5 . A -5 ..A -6 ..A -6 ..A -6 ..A -7 ..A -7 ..A -7 ..A -7 ..A -7 ..A -8 ..A -8 ..A -8 ..A -8 ..A -8 ..A -8 ..A -8 ..A -8 ..A -9 ..A -9 ..A -9 A -10 A -10 A -10 A -10 A -11 A -11 A -11 0612$117 CC A EN A PACKET FAG 320 PART R ATTACHMENTS ATTACHMENT A - PHASED DELIVERY PROGRAM ATTACHMENT B - SCOPE OF WORK ATTACHMENT C - COMPENSATION ATTACHMENT D - SCHEDULE ATTACHMENT E - OWNER'S PROJECT SCOPE AND CRITERIA ATTACHMENT F - OWNER'S PERMIT LIST ATTACHMENT G - CONTRACT TIME ATTACHMENT H - GUARANTEE MATERIAL AND WORKMANSHIP ATTACHMENT I - GUARANTEE EQUIPMENT ATTACHMENT J - DAS -140 Form ATTACHMENT K - 30% DESIGN DOCUMENTS 0612$117 CC A EN A PACKET FAG 321 PART A 0612$117 CC A EN A PACKET FAG 322 SPECIAL PROVISIONS SECTION 1 - DEFINITIONS AND TERMS 1 -1.01 GENERAL. This work embraced herein shall be done in accordance with the standard specifications entitled "State of California, Department of Transportation, Standard Specifications" issued by California Department of Transportation, dated 2010, as referenced herein, insofar as the same may apply, which specifications are hereinafter referred to as the Standard Specifications, and in accordance with the following special provisions. In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of such conflicting portions. 1 -1.02 DEFINITIONS AND TERMS. All definitions and terms in Section 1 -1.07, "Definitions" of the Standard Specifications shall apply, except whenever the following terms or pronouns are used, the intent and meaning shall be as follows: City - City of Bakersfield, California. Department of Transportation, CALTRANS — The Water Resources Department of the City of Bakersfield. Director - City Engineer. Engineer - The City Engineer, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. Laboratory - The designated laboratory authorized by the City to test materials and work involved in the contract. Public Contract Code - This contract is subject only to Section 10162 of the Public Contract Code and to those sections of Public Contract Code that are specifically referenced in the Special Provisions, and the Contract issued for this project. All other sections of the Public Contract Code, including the State Contract Act, which is Chapter 1, Part 2, Division 2 of the Public Contract Code, do not apply to this contract. Special Provisions — The Special Provisions are specific clauses setting forth conditions or requirements peculiar to the work and supplementary to the Standard Specifications. The specific clauses which formulate the Special Provisions for a specific project are those clauses contained in Part A and Part B of the document entitled "Special Provisions and Contract" and the title of the specific project. Standard Specifications — The document titled "State of California, Department of Transportation, Standard Specifications" issued by California Department of Transportation, dated 2010. State - The City of Bakersfield. Other terms appearing in the Standard Specifications, the general provisions, and the special provisions, shall have the intent and meaning specified in Section 1 -1.07, "Definitions" of the Standard Specifications. The terms bid and proposal are used in the same way and can be freely interchanged herein. A -1 0612$117 CC A EN A PACKET FAG 323 SECTION 2 - NOT USED A -2 0612$117 CC A EN A PACKET FAG 324 SECTION 3 - AWARD AND EXECUTION OF CONTRACT 3 -1.01 GENERAL. Section 3, "Contract Award and Execution ", of the Standard Specifications does not apply to this contract. 3 -1.02 AWARD OF CONTRACT. City has adopted Resolution No. 050 -17 on May 10, 2017, dispensing with bidding procedures, due to the Emergency TCP Mitigation Project for the City of Bakersfield Domestic Water System. 3 -1.03 CONTRACT BONDS. The Contractor shall furnish two good and sufficient bonds as required by the various phases of work insured by an admitted surety insurer as set forth in Title XIV, Chapter 2, Article 6 of the California Code of Civil Procedure. One of the said bonds shall guarantee the faithful performance of the said contract by the Contractor and shall be in an amount equal to one hundred percent (100 %) of the contract price. The other of the said bonds shall guarantee payment to laborers, mechanics and material workers employed on the job under the contract, shall satisfy the requirements specified in Section 3248 of the California Civil Code and shall be for an amount not less than one hundred percent (100 %) of the total amount payable by the terms of the contract. Whenever any surety or sureties on any such bonds required by law for the protection of the claims of laborers and material men, become insufficient, or the City has cause to believe that such surety or sureties have become insufficient, a demand in writing may be made of the Contractor for such further bond or bonds or additional surety, not exceeding that originally required, as is considered necessary, considering the extent of the work remaining to be done. Thereafter no payment shall be made upon such contract to the Contractor or any assignee of the Contractor until such further bond or bonds or additional surety has been furnished. 3 -1.04 EXECUTION OF CONTRACT. The contract shall be signed by the successful bidder and returned, together with acceptable contract bonds and acceptable, required insurance documents, within ten (10) days, not including Sundays, after the bidder has received notice that the City offers to award the contract to the successful bidder. The Commercial General Liability and Workers' Compensation insurance policies shall contain additional insured endorsements in favor of the City, its mayor, council, officers, agents, employees and volunteers, as required in these specifications. No proposal shall be considered binding upon the City until the execution of the contract. All contracts shall be considered as being made and entered into in the City of Bakersfield, California. Failure to execute a contract, file acceptable bonds and submit acceptable insurance documents as provided above shall be just cause for the cancellation of the offer to award and the forfeiture of the proposal guaranty. A -3 0612$117 CC A EN A PACKET FAG 32.E SECTION 4- BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES 4 -1.01 GENERAL. Section 8 -1.04 "Start of Job Site Activities ", Section 8 -1.05 "Time ", and Section 8 -1.10, "Liquidated Damages," of the Standard Specifications are replaced with Attachment G, Contract Time. If the CONTRACTOR wishes to make a claim for an extension of the Contract Completion Date, CONTRACTOR shall give written notice of such claim to the ENGINEER. If adverse weather conditions are the basis for a claim for additional time, such claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and could not have been reasonably anticipated and that weather conditions had an adverse effect on the scheduled construction. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. 4 -1.02 Schedule of Values. Within fourteen (14) calendar days of receiving a Notice to Proceed, the Contractor shall submit to the Owner a schedule of values allocated to the various portions of the Work, prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. This schedule, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's monthly Application for Payment. Therefore, the Contractor must obtain the City's approval of the Schedule of Values prior to submitting his first month's Application for Payment. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. 4 -1.03 Construction Documents. The Contractor will produce the required number of copies of the construction drawings and specifications. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various items of work and no additional allowance will be made therefor. A -4 0612$117 CC A EN A PACKET FAG 326 SECTION 5 - GENERAL 5 -1.01 STATE CONTRACT ACT NOT APPLICABLE. This contract is not governed by the provisions of the State Contract Act. The adoption and use of the Standard Specifications in the performance of the work called for in this contract shall not be construed as an election by the City to proceed under Section 20396 of the Public Contract Code. In the event that a dispute arises between the parties, they are not obligated to submit the matter to arbitration in any form (although they may do so upon written agreement). 5 -1.01A DISABLED VETERAN BUSINESS ENTERPRISES. Section 5 -1.13C of the Standard Specifications does not apply to this project. 5 -1.01B NON -SMALL BUSINESSES. Section 5 -1.13D of the Standard Specifications does not apply to this project. 5 -1.02 ALTERATION IN QUANTITY OF WORK. Increases or decreases in work exceeding an amount of ten - thousand dollars ($10,000) or which, together with all other previously approved change orders for that contract exceeds twenty -five percent (25 %) of the original contract amount, must be authorized by the City Council. 5 -1.03 CONTROL OF WORK. Control of work shall conform to the provisions in Section 5, "Control of Work," of the Standard Specifications and these special provisions. Section 5 -1.2313 (1), "Action Submittals, General" of the Standard Specifications is amended by adding the following paragraph: Working drawings or plans for any structure not included in the plans furnished by the Engineer shall be approved by the Engineer before any work involving these plans shall be performed, unless approval is waived in writing by the Engineer. Section 5 -1.26, "Construction Surveys" of the Standard Specifications is amended to state the construction surveying will be performed by Contractor. In addition to Section 5 -1.26 "Construction Surveys ", prior to starting construction of the project, the Contractor shall diligently research, locate, identify, replace, and preserve all existing survey markers, benchmarks, or monuments, whether visible or buried within the project area; Contractor shall be responsible for filing all necessary documentation including, but not limited to record of survey, corner section, and other records as required by the corresponding jurisdictional agency(ies). Section 5 -1.01, "General ", of the Standard Specifications is amended by adding the following paragraph to the end of the fifth paragraph: Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice to the Engineer, so that proper inspection may be provided. Any work done in the absence of the Engineer will be subject to rejection. 5 -1.04 PREVAILING WAGES. Pursuant to Chapter 1 of Part 7 Division 2 of the Labor Code (commencing with Section 1720), Contractor agrees that in performing said work, by himself or through any subcontractor, eight hours labor shall be one day's work and forty hours labor shall be one week's work, and that Contractor shall keep an accurate record showing the name and actual hours worked for all workers employed in said work, and that said record shall be kept open at all reasonable hours for inspection pursuant to Section 1812 of the Labor Code. The Contractor and all Subcontractors shall pay not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime to all workers employed in the construction of this project. The prevailing rate for each craft, classification or type of work is determined by the Director of the California Department of Industrial Relations. This schedule of prevailing rates is on file and available for inspection in the Public Works Department and through the Department of Industrial Relations' website httra : / /www.dir.ca.caov /DLSIR /PWD /. The schedule is incorporated herein by this reference. The City shall have the right to inspect payroll records during normal working hours and shall have the right to question workers at any time concerning the wages being paid. Contractor shall not interfere in any way with the City's right to investigate conformance with the wage provisions of this contract. Effective March 1, 2015, all prime contractors and sub - contractors must have a current registration with the A -5 0612$117 CC A EN A PACKET FAG 327 Department of Industrial Relations at the time bids are received and throughout the duration of the project. If a prime contractor is not registered at the time bids are received their bid will be deemed non responsive. If a sub- contractor is not registered at the time bids are received, they must be registered within 24 hours of the bid opening, otherwise their bid will be deemed non - responsive. In the case that a sub - contractor's bid is deemed non - responsive, the prime contractor shall substitute that subcontractor with a responsive and responsible registered subcontractor per Section 4107 of the Public Contract Code. For more information please go to the DIR website at https://www.dir.ca.gov/Public- Works/ PublicWorksLawsRegsDetDec.htm1. To register with Department of Industrial Relations please go to the following website: https:H efiIing .dir.ca.gov /PWCR /ActionServlet? action= displavPWCRegistrationForm. Effective immediately, the prime contractor shall post job site notices prescribed by California Code of Regulations, Title 8 Section 16541 (d). SB 854 Notice Requirements • No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. • No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. • This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall forfeit to the City for each worker employed for each calendar day or portion thereof: a. FIFTY DOLLARS ($50) pursuant to Section 1775 of the Labor Code, per worker paid less than the amount to which he is entitled under said general prevailing rate of wages; and b. TWENTY -FIVE DOLLARS ($25) pursuant to Section 1813 of the Labor Code, per worker required to work more than eight (8) hours per day or more than forty (40) hours per week, except as provided in Section 1815 of the Labor Code. 5 -1.05 Not used. 5 -1.06 LABOR NONDISCRIMINATION. Attention is directed to Section 7- 1.02(2) Nondiscrimination of the Standard Specifications and these special provisions. Attention is also directed to the requirements of the California Fair Employment and Housing Act (Government Code Sections 12900 through 12996), to the regulations promulgated by the Fair Employment and Housing Commission to implement said Act, and to the nondiscrimination, affirmative action and equal employment opportunity requirements in the special provisions. 5 -1.07 APPRENTICES. The Contractor's attention is directed to Section 7- 1.02K(4), "Apprentices," of the Standard Specifications. All Contractors and Subcontractors shall comply with the provisions of Labor Code Sections, 1777.5, 1777.6, and 1777.7 relating to the employment of apprentices. If the Contractor does not have a union contract which provides for apprentices, the Contractor and all Subcontractors shall submit one of the following: a. A copy of a "REQUEST FOR AN APPLICATION FOR A CERTIFICATE OF APPROVAL TO EMPLOY AND TRAIN APPRENTICES ON PUBLIC WORKS ". This request shall be submitted to the local Department of Industrial Relations, Division of Apprenticeship Standards on the Contractor's and each Subcontractor's letterhead or DAS 140, enclosed with these specifications. b. A copy of an approval to employ and train apprentices from the local Department of Industrial Relations, Division of Apprenticeship Standards. A -6 0612$117 CC A EN A PACKET FAG 328 c. Proof of a Collective Bargaining Agreement with the Joint Apprenticeship Committee providing for apprentices. One of the above shall be submitted by the low bidder to the City of Bakersfield with the signed contract documents. 5 -1.08 TRENCH SAFETY. The Contractor shall comply with Section 6705 of the Labor Code which provides that the Contractor's responsibility shall be as follows: If the contract price for the project includes an expenditure in excess of TWENTY -FIVE THOUSAND DOLLARS ($25,000) for excavation of any trench or trenches five (5) feet or more in depth, the Contractor or his Subcontractor shall not begin any trench excavation unless a detailed plan, showing the design of shoring, bracing, sloping or other provisions to be made for worker protection during the excavation of the trench, has been submitted by the Contractor to the City Engineer and the detailed plans have been reviewed by the City Engineer. If such a plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Industrial Safety, the plan shall be prepared by a Registered Civil or Structural Engineer. Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety. Nothing in this section shall be construed to impose tort liability on the awarding body or any of its employees. The terms "Public Works," and "Awarding Body," as used in this section, shall have the same meaning as in Labor Code Sections 1720 and 1722 respectively. 5 -1.09 SOUND CONTROL REQUIREMENTS. Sound control shall conform to these special provisions. The noise level from the Contractor's operations, between the hours of 9:00 p.m. and 6:00 a.m., shall not exceed eighty -six (86) db at a distance of fifty (50) feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 5 -1.10 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses (as required by the appropriate phase of work), pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work from any and all governmental organization which requires such permits, licenses or fees. 5 -1.11 WORKING HOURS. Contractor shall limit his field working hours from 7:00 a.m. to 4:30 p.m. Monday through Friday. Any deviations must be requested in writing and directed to the Engineer at the Pre -Job Conference. Written approval from the Engineer is required for work beyond these limits. Any time work proceeds which requires inspection services for more than an eight (8.0) hour work day or on legal holidays or on weekends, the Contractor will be charged for all associated overtime charges and said charges may be withheld from contract retention. Those overtime inspection charges will be waived for those overtime hours in which the contract compels working hours of more than an eight hour work day or on legal holidays or on weekends. 5 -1.12 LAWS TO BE OBSERVED. The Contractor shall keep himself fully informed of all existing and future State and National laws and all municipal ordinances and regulations of the City of Bakersfield which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. A -7 0612$117 CC A EN A PACKET FAG 329 5 -1.13 CONTRACTOR'S INSURANCE. The Contractor shall not commence work under this contract until he has obtained all insurance required under this section and the required certificates of insurance have been filed with and approved by the City Risk Manager and the Public Works Department, nor shall the Contractor allow any Subcontractor to commence work on his subcontract until said certificates of insurance have been filed with and approved by the City Risk Manager and the Public Works Department. Contractor shall be responsible for any deductibles under all required insurance policies. Section 7 -1.05, "Indemnification ", of the Standard Specifications is deleted in its entirety. Section 7 -1.06, "Insurance ", of the Standard Specifications is deleted in its entirety. 5 -1.13A INDEMNITY. The Contractor shall provide the indemnity required by the contract. 5 -1.13B INSURANCE. The Contractor shall provide the insurance required by the contract. 5 -1.14 CONTRACTOR'S AUTHORITY. At the preconstruction meeting, the Contractor shall provide the City with the foreman's or superintendent's name who will be in charge of this project. 5 -1.15 WORK IN CITY STREETS. All of the work shown on the plans and included in these specifications that is located in the public streets in the City of Bakersfield shall be done in accordance with City Ordinances regulating the use of public streets within the City, except as otherwise provided herein. The Contractor shall inform himself as to all regulations and requirements of the City Engineer and Superintendent of Streets of the City of Bakersfield and shall conduct his operations in compliance therewith. 5 -1.16 RIGHT OF WAY. The right of way for the work to be constructed will be provided by the City. The Contractor shall make his own arrangements, and pay all expenses for additional area required by him outside of the limits of right of way unless otherwise provided in the special provisions. Before storing equipment or stockpiling material outside the street right of way, the Contractor shall obtain a letter from the property owner authorizing the Contractor the use of his property. The letter shall be filed with the Engineer. 5 -1.17 SUSPENSION OF CONTRACT. If at any time in the opinion of the City Council, the Contractor has violated any terms of this contract, failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon him, and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer, within the time specified in such notice, the City Council in any such case shall have the power to suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the City Council may designate. Upon such suspension, the Contractor's control shall terminate, and thereupon the City Council, or its duly authorized representative, may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials, and purchase the materials contracted for, in such a manner as the Engineer may deem proper; or the City Council may annul and cancel the contract and re -let the work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and his sureties, who will be liable therefor. In the event of such suspension, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the contractor or his sureties from liability or failure to fulfill the contract. The Contractor and his sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operations of the contract and the completion of the work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion as determined by the Engineer have been paid. In the determination of the question whether there has been any such non - compliance with the contract as to warrant the suspension or annulment thereof, the decision of the City Council shall be binding on all parties to the contract. 5 -1.18 TEMPORARY SUSPENSION OF WORK. The Engineer shall have the authority to suspend the work wholly or in part, for such period as he may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he may deem necessary, due to the failure on the part of the Contractor to carry out orders given, or to perform any A -8 0612$117 CC A EN A PACKET FAG 330 provisions of the work, or extra work that may be done by City Forces. The Contractor shall immediately obey such order of the Engineer and shall not resume the work until ordered in writing by the Engineer. 5 -1.19 SCHEDULE. Section 8 -1.02 Schedule of the Standard Specifications does not apply to this contract. 5 -1.20 PAYMENTS. In Section 9 -1.03, "Payment Scope" of the Standard Specifications, the section pertaining to annual interest for unpaid and undisputed progress payments and after - acceptance payment except claims does not apply to this contract. Attention is directed to Section 9 -1.16, "Progress Payments," of the Standard Specifications and these special provisions. No partial payment will be made for any materials on hand which are furnished but not incorporated in the work. Section 9- 1.16F, "Retentions ", of the Standard Specifications is revised to read as follows: The Department shall retain 5 percent of the estimated value of the work done. In addition, on any partial payment made after 95 percent of the work has been completed, the Department may reduce the amount withheld from payment pursuant to the requirements of this Section, to such lesser amount as the Department determines is adequate security for the fulfillment of the balance of the work and other requirements of the contract, but in no event will that amount be reduced to less than 125 percent of the estimated value of the work yet to be completed as determined by the Engineer. The reduction will only be made upon the written request of the Contractor and shall be approved in writing by the surety on the Performance Bond and by the surety on the Payment Bond. The approval of the surety shall be submitted to the Disbursing Officer of the Department; the signature of the person executing the approval for the surety shall be properly acknowledged and the power of attorney authorizing the person to give that consent must either accompany the document or be on file with the Department. 5 -1.21 FINAL PAYMENT. In addition to the conditions, provisions, and requirements of Article 9- 1.07B, "Final Payment and Claims," of the Standard Specifications, the following shall apply: The City may withhold funds, or because of subsequently discovered facts, nullify the whole or any part of any certificate for payment, to such extent as may be necessary to protect the City from loss due to causes including but not limited to the following: Defective work not remedied; Claims filed or information reasonably indicating probable filing of claims; Failure of Contractor to make payment due for materials and /or labor; Information causing reasonable doubt that the contract can be completed for any unpaid balance; Damages to another Contractor; and Breach of any terms of this contract. When any and all such causes are removed, certificates shall be issued for amount withheld. Under Section 9204 of the Public Contract Code, a public entity must submit a written statement identifying the disputed and undisputed portions of any claim for time extension, payment of money or damages arising from work done, or payment of an amount disputed by the public entity, as further defined in Section 9204, within forty - five days of receipt of the Full and Final Potential Claim Record (as defined in Section 5 -1.43D of the State Standard Specifications) sent by registered or certified mail, return receipt requested. The claim must be supported by reasonable documentation such as invoices, extra work tickets signed by a city inspector, and full justification of the basis of the claim. Any payment due on an undisputed portion of the claim must be made within sixty days after the public entity's written statement is issued. If the claimant disputes the public entity's response or the public entity does not provide a written response as required in Section 9204, the public entity must schedule a meet and confer conference within thirty days after receipt of a written request from the claimant sent by registered or certified mail, return receipt requested. Within ten business days following the meet and confer conference, the public entity must provide the claimant with a written statement identifying the portion of the claim that remains in dispute, if any, and the portion that is undisputed. Any payment on the undisputed portion of the claim must be made within sixty days after the public entity issues this written statement. A -9 0612$117 CC A EN A PACKET FAG 331 Any remaining disputed portion of the claim, shall be submitted to nonbinding mediation with the public entity and the claimant sharing the costs equally. The public entity and the claimant must agree to a mediator within ten business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree on a mediator, each party must select a mediator and those mediators will select a qualified neutral third party to mediate the disputed portion of the claim. Each party will bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If the mediation is unsuccessful, the disputed portion of the claim is subject to applicable procedures outside of section 9204. The parties may agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable. Amounts not paid as required by Section 9204 are subject to annual interest of seven percent. If a subcontractor lacks standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present a claim on behalf of the subcontractor to the public entity. The tenth paragraph in Section 9- 1.07B, "Final Payment and Claims," of the Standard Specifications is replaced in its entirety with the following: The Director will make the final determination of any claims which remain in dispute after completion of claim review. A board or person designated by said Director will review such claims and make written recommendation thereon. The City Engineer shall, after the completion of the contract, make a final estimate of the amount of work done thereunder, and the value of such work, and the City shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of thirty (30) days from the date the "NOTICE OF COMPLETION" is recorded at the County Recorder's Office and after execution and return by the Contractor of the attached GUARANTEE when applicable. It is mutually agreed between the parties to the contract that no certificate given or payments made under the contract except the final certificate or final payment, shall be conclusive evidence of the performance of the contract, either wholly or in part, against any claim of the party of the first part, and no payment shall be construed to be an acceptance of any defective work or improper materials. The Contractor further agrees that the payment of the final amount due under the contract, and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City, the City Council, and the Engineer from any and all claims or liability on account of work performed under the contract or any alteration thereof. 5 -1.22 INCREASED OR DECREASED QUANTITIES. The word "compensation" in the following paragraphs of the Standard Specifications is replaced with the words "unit price ": Third paragraph of Section 18 -1.05, "PAYMENT ". Fourth paragraph of Section 24 -1.11, "PAYMENT ". Eleventh paragraph of Section 39 -8.02, "PAYMENT ". 5 -1.23 HAZARDOUS MATERIALS. The Contractor shall be held responsible for his worker's and subcontractor's well -being and their education of handling hazardous materials when hazardous materials are encountered during this project. 5 -1.24 SUBCONTRACTING. Attention is directed to the provisions in Section 5- 1.13A, "SUBCONTRACTING - General," of the standard specifications and Section 2 -1.07, "REQUIRED LISTING OF PROPOSED SUBCONTRACTORS" of these special provisions. Contractor should be aware of the requirements of that Section 5 -1.13A for him to perform a certain portion of the work with his own forces. 5 -1.25 SUBSTITUTION OF A SUBCONTRACTOR. The substitution of a subcontractor shall not be allowed except as provided by Section 4107 of the Public Contract Code. A -10 0612$117 CC A EN A PACKET FAG 332 SECTION 6 - CONTROL OF MATERIALS 6 -1.01 GENERAL. Control of materials shall conform to the provisions in Section 6, "Control of Materials," of the Standard Specifications and these special provisions. At the option of the Engineer, the source of supply of each of the materials shall be approved by the Engineer before delivery is started and before such material is used in the work. Representative preliminary samples of the character and quality prescribed shall be submitted by the contractor or producer of all materials to be used in the work, for testing or examination as desired by the Engineer. All tests of materials furnished by the contractor shall be made in accordance with commonly recognized standards of national organizations, and such special methods and tests as are prescribed in the specifications. 6 -1.02 BORROW, DISPOSAL AND MATERIAL SITES. The operation of any borrow or disposal sites used by the Contractor to produce or dispose of material for this project shall comply with the requirements in the Standard Specifications and these special provisions. All provisions for water pollution, dust control, and sound control that apply within the limits of the contract shall apply to all borrow or disposal sites utilized by the Contractor. Upon completion of the work, all such sites and haul roads shall be graded and treated so that, at the time of final inspection of the contract, they will drain, will blend with surrounding terrain, and will have a potential as a source of blowing dust or other pollution which is no greater than when in their original condition. If the Contractor obtains necessary permits for borrow, disposal or material sites from the authority having jurisdiction or from the appropriate pollution control boards and such permits contain requirements which conflict with the requirements in the first and second paragraphs of this section, the requirements of the permits shall govern over the conflicting requirements of this section provided the permit requirements have been approved by the Engineer. Full compensation for complying with the requirements for borrow, disposal and material sites in this section shall be considered as included in the contract prices paid for the items of work which require the use of the sites and no additional compensation will be allowed therefor. 6 -1.03 CERTIFICATES OF COMPLIANCE. In accordance with Section 6- 3.05E, "Certificates of Compliance," of the Standard Specifications, the Engineer may permit the use of certain materials or assemblies, prior to sampling and testing, if accompanied by a Certificate of Compliance. A -11 0612$117 CC A EN A PACKET FAG 333 PART B 0612$117 CC A EN A PACKET FAG 334 ATTACHMENT A PHASED DELIVERY PROGRAM 1.0 Scope of Work Delivery. 1.1 Phased Delivery. Owner and Design - Builder will implement the Project on a phased basis. 1.2 Phase 1 Services. Owner has selected Design - Builder on the basis of Design - Builder's qualifications and experience related to the performance of design, pricing, and other services for the Project during Phase 1. Design - Builder shall perform such services to the level of completion required for Design - Builder and Owner to establish the Contract Price for Phase 2, as set forth in Section 1.3 below. The Contract Price for Phase 2 shall be developed during Phase 1 on an "open- book" basis. Design - Builder's Compensation for Phase 1 Services is set forth in Section 1, Phase 1, of Attachment C, Compensation. The level of completion required for Phase 1 Services is defined in Attachment B, Scope of Work. 1.3 Phase 2 Services. Design - Builder's Phase 2 services shall consist of the completion of design services for the Project, the procurement of all materials and equipment for the Project (except for previously purchased City equipment), the performance of construction services for the Project, the start -up, testing, and commissioning of the Facilities, and the provision of warranty services, all as further described in Attachment B, Scope of Work. Upon receipt of Design - Builder's proposed Contract Price for Phase 2, Owner may (a) accept the Contract Price and issue a Notice to Proceed with Phase 2 services, or (b) enter into a negotiation with Design - Builder on the scope and Contract Price, and, if required, on the schedule, for Phase 2 services to achieve a mutually acceptable basis on which to proceed, or (c) reject Design - Builder's proposal for Phase 2 and either (i) cancel the Project, (ii) proceed with another Design - Builder, or (iii) exercise the "off- ramp" final design provisions of Section 1.4, Off -Ramp. The Contract Price for Phase 2 Services will be set forth in Section 2, Phase 2, of Attachment C, Compensation, when mutually agreed between the parties. Once the parties have agreed upon the Contract Price and Owner has issued a Notice to Proceed with Phase 2, Design - Builder shall perform the Phase 2 services, all as further described in Attachment B, Scope of Work, as it may be revised. 1.4 Off -Ramp 1.4.1 The parties acknowledge that Owner's ability to successfully complete the Project may be significantly impacted if Owner elects to terminate Design - Builder's services at the end of Phase 1, rather than proceeding to Phase 2 under Section 1.3 ( "Phase 2 Services ") and certain design subconsultants are not available to continue working on the Project. Consequently, Design - Builder hereby agrees that if Owner terminates Design - Builder for any reason, Owner shall have the right to contract directly with such design subconsultants for design - related services on this Project, and Design - Builder shall take such steps as are reasonably necessary to enable Owner to implement such relationship. Design - Builder shall provide in any design subconsultancy agreements that Owner shall have the right to negotiate directly with such design subconsultants for the continuation of their services with respect to the Project, and that any provisions with respect to copyright or the ownership of instruments of service confirm such right of Owner. 1.4.2 If the parties are unable to reach an agreement on Design - Builder's proposed Contract Price for Phase 2 under Section 1.3 within the time limit for acceptance specified in the Proposal, as may be extended by the mutual agreement of the parties, then the proposed Contract Price shall be deemed withdrawn and of no effect. In such event, Owner and Design - Builder shall meet and confer as to how the Project will proceed, with Owner having the following options: .1 Owner may declare Phase 1 Services completed and authorize Design - Builder to continue to advance the final design of the Project as an extension of Phase 1 or as an Additional Service, as applicable; or .2 Owner may terminate the relationship with Design - Builder and proceed to exercise its available options to perform the final design and construction with parties other than Design - Builder. 1.4.3 If Owner fails to exercise either of its options under Section 1.4.2 in a reasonable period of time, Design - Builder may give written notice to Owner that it considers this Agreement completed. If Owner fails to exercise either of the options under Section 1.4.2 within ten (10) days of receipt of Design - Builder's notice, then this Agreement shall be deemed completed. 1.4.4 If Owner terminates the relationship with Design - Builder under Section 1.4.2.2, or if this Agreement is deemed completed under Section 1.4.3, then Design - Builder shall have no further liability or obligations to Owner under this Agreement B -2 0612$117 CC A EN A PACKET FAG 33.E 1.5 Completion. Once Design - Builder has received a Notice to Proceed with Phase 2, Design - Builder shall perform all design and construction services, and provide all material, equipment, tools, labor, manuals, start -up, commissioning and testing services for the Project necessary to complete the Work described in and reasonably inferable from the Contract Documents, including Section 2 of Attachment B (Scope of Work). A requirement of Substantial Completion of the Work is that Design - Builder shall conduct performance tests to demonstrate that the Facility Performance Criteria have been met. B -3 0612$117 CC A EN A PACKET FAG 336 ATTACHMENT B SCOPE OF WORK SECTION 1 DESIGN - BUILDER PHASE 1 SCOPE OF WORK 1.0 Design - Builder shall exercise reasonable skill and judgment in the furnishing of design services. Architectural and engineering services shall be furnished by licensed employees of Design - Builder, or by consultants or subcontractors as permitted by the law of the state where the Project is located. It is acknowledged that the Owner has completed 30% design documents and performed other early work, as described in Section 3.1 below. Design - Builder is responsible for the following Phase 1 Services: 1.1 Manage and attend progress meetings as required 1.2 Manage and attend Well Site Layout Workshop 1.3 Prepare 70% Design Documents for the Project which consists of the Water treatment facilities at Twenty - Seven (27) existing Well Sites, the Olcese 3 Well and Pipeline Improvements and Emergency Generator Installations at Five (5) Well Sites 1.4 Prepare permit applications and assist the Owner with the application for permits as described in Attachment F 1.5 Perform site investigations at each Well Site to locate existing utilities and substructures 1.6 Perform geotechnical investigations at each Well Site and prepare geotechnical report for each Well Site 1.7 Perform additional surveying required for design 1.8 Manage and attend 70% Design Review Workshop 1.9 Prepare Final 70% Design Documents 1.10 Define Phase 2 Scope of Work 1.11 Prepare Phase 2 Project Schedule 1.12 Prepare Phase 2 Guaranteed Maximum Price (GMP). As a part of the GMP, a monthly breakdown of costs for the duration of the project shall be included. 1.13 Assist Owner in preparation of Phase 2 Contract Documents SECTION 2 DESIGN - BUILDER PHASE 2 SCOPE OF WORK 2.0 Design - Builder shall complete the design, construct the facilities and complete the Project during Phase 2 and is responsible for the following Phase 2 Services. 2.2 Negotiate Phase 2 GMP and prepare Phase 2 Schedule of Values 2.3 Execute Phase 2 Contract 2.4 Prepare 100% Issued for Construction Documents 2.5 Prepare Project Health / Safety Plan 2.6 Prepare Project QA/QC Program 2.7 Provide Construction Management Services 2.8 Construct the Project Facilities 2.9 Perform start -up, testing and commissioning of the Project Facilities 2.10 Prepare Final Record Documents 2.11 Perform Warranty Services as required 2.12 Prepare Storm Water Pollution Prevention Plan (SWPPP) 2.13 Prepare Air Pollution Control Plan SECTION 3 OWNER'S RESPONSIBILITIES 3.1 Information and Services Provided by Owner 3.1.1 Owner shall provide full information regarding requirements for the Project, including the 30% Design Documents, Owner's Program, Facility Performance Criteria and other relevant information, within the times specified in Attachment D, Schedule. 3.1.2 Owner shall provide: 1. all necessary information describing the physical characteristics of the site, including surveys, site evaluations, legal descriptions, existing conditions, subsurface and environmental studies, utilities, reports and investigations; 2. inspection and testing services during construction as required by law or as mutually agreed; and 3. unless otherwise provided in the Contract Documents, necessary approvals, site plan review, rezoning, easements and assessments, necessary permits, fees and charges required for the construction, use, occupancy or renovation of permanent structures, including legal and other B -4 0612$117 CC A EN A PACKET FAG 337 require services. 3.1.3 Design - Builder shall be entitled to rely on the completeness and accuracy of the information and services required by this Section 3.1. 3.2 Owner's Responsibilities during Phase 1 3.2.1 If not developed by Owner and Design - Builder under a prior agreement, Owner shall provide the Owner's Program at the inception of the Design Phase. Owner shall review and timely approve schedules, estimates, and design documents furnished during the Design Phase as set forth in Section 3.1. 3.2.2 Owner shall arrange for access to and make all provisions for Design - Builder to enter upon public and private property as required for Design - Builder to perform Phase 1 services hereunder. 3.2.3 Design - Builder shall be entitled to rely on the completeness and accuracy of the information and documents to be provided by Owner under this Section 3.2. 3.3 Owner's Responsibilities during Phase 2 Design and Construction 3.3.1 Owner shall review and approve the Schedule as set forth in Attachment D, Schedule, as revised. 3.3.2 If Owner becomes aware of any error, omission or failure to meet the requirements of the Contract Documents or any fault or defect in the Work, Owner shall give written notice to Design - Builder within five (5) days of so becoming aware. 3.3.3 Unless otherwise agreed by Design - Builder, Owner shall communicate with Design - Builder's Subcontractors, Suppliers, and Design Consultants only through Design - Builder. Owner shall have no contractual obligations to Subcontractors or Suppliers or Design Consultants. 3.3.4 Owner shall provide timely, clear and adequate access to the site and any laydown areas. 3.3.5 Owner shall provide all equipment, materials, information, data, and approvals required for Design - Builder's performance of the Work in a timely and complete manner. 3.3.6 Design - Builder shall be entitled to rely on the completeness and accuracy of the information and documents to be provided by Owner under this Section 3.3. SECTION 4 GROUPING OF PHASE 2 SCOPE OF WORK 4.0 The costs of the Phase 2 Scope of Work shall be grouped as detailed below. 4.1 Project 1 shall be the costs associated with General Conditions and Engineering. 4.2 Project 2 shall be the costs associated with the construction of the work of Phase 2 Group 1 Well Sites, Phase 2 Group 2 Well Sites and Phase 2 Group 3 Miscellaneous Work. B -5 0612$117 CC A EN A PACKET FAG 338 ATTACHMENT C COMPENSATION SECTION 1 CONTRACT PRICE FOR PHASE 1 SERVICES 1.0 For the Phase 1 Services, Owner shall pay Design - Builder compensation in accordance with the Phase 1 Schedule of Values shown below and Design - Builder agrees that said price shall be the Design - Builder's entire compensation for performance of Phase 1 Services unless that amount is adjusted in accordance with the Contract Documents. Bid Item Description Qt U"it Bid Total "task 1.7. Manage and Attend Progresso Meetings as required 1 I'S 132,900.00 'rack 1.2 Manage. and Attend Weil Site Layout Workshop 1 LS 27,100.00 "task 13 Prepare Draft 70% Design Documents 1 LS 726,400.00 Task 1.4 Prepare and assist the owner tsRh pernia ip piications 1 LS 37,400.00 1aask 1.5 Perform site investigations at each Well Site to bate exlshng utilities and substructures 1. LS 30,500.00 "cask 8..6 Perform geoterhrnical investigations and prepare p' geratechnicai repoi ls at each Well Site 1 IS 98,100.00 Task 1.7 Peefcrrm any additional surveying required for engineering a LS 25,600.00 Task 1.8 Manage and Attend 70% Design Workshops i, L 15,700.00 Task L9 Prepare Final 70% Design Docur neants 7 LS � 62,900.00 Task 1. 10 Define Phase 2 Scope of Vt w k I 1.5 15,600.00 Task I Al Prepare Phase 2 Pruject.5c:heduke 1 L, 24,200.00 'rasok 1.12 Prepare Phase 2 Guaranteed Maximum Price (GMP) 1 LS 54,300.00 Task 1.13 Assist Owner in preparation of Phase 2 Contract Documents 1 LS 22,100.00 TOTALS 1,272,800.00 SECTION 2 CONTRACT PRICE FOR PHASE 2 SERVICES 2.0 Guaranteed Maximum Price ( "GMP ") 2.1 Design - Builder will submit its proposal for the Phase 2 Contract Price on the basis of a GMP for the Phase 2 Services. Design - Builder does not guarantee any specific line item provided as part of the GMP, but agrees that it will be responsible for paying all costs of completing the Work which exceed the GMP, as adjusted in accordance with the Contract Documents. Documents used as a basis for the GMP shall be identified in an agreed revision to this Attachment. 2.2 The GMP will include a Contingency which is available for Design - Builder's exclusive use for costs that are incurred in performing the Work that are not included in a specific line item or the basis for a Change Order under the Contract Documents. By way of example, and not as a limitation, such costs include trade buy -out differentials, overtime, acceleration, costs in correcting defective, damaged or nonconforming Work, design errors or omissions, and Subcontractor defaults. The Contingency is not available to Owner for any reason, including changes in scope or any other item which would enable Design - Builder to increase the GMP under B -6 0612$117 CC A EN A PACKET FAG 339 the Contract Documents. Design - Builder shall provide Owner with notice of all anticipated charges against the Contingency included in the Contract Price or which may impact Owner's Project budget contingency. 2.3 GMP Established at the Commencement Date of Phase 2 2.3.1 GMP Proposal. Design - Builder shall submit to Owner a GMP Proposal for the Contract Price as part of the Phase 1 Services which shall include the following, unless the parties mutually agree otherwise: A proposed GMP, which shall be the sum of: Design - Builder's Fee shall be equal to the amount indicated in the GMP calculation summary provided at the completion of the Phase 1 Services. The estimated Cost of the Work as defined in Section 2, Phase 2, of Attachment C, Compensation, inclusive of any Design - Builder's Contingency as defined in Section 2.2 above and any allowances and unit prices. iii. As a part of the GMP, a monthly breakdown of costs for the duration of the project shall be included. .2 A list of the drawings and specifications, including all addenda, used as the basis for the GMP proposal; .3 A list of the assumptions, exceptions, and clarifications made by Design - Builder in the preparation of the GMP Proposal, which list is intended to supplement the information contained in the drawings and specifications; .4 The Schedule and the Scheduled Substantial Completion Date upon which the proposed GMP is based; .5 If applicable, a list of allowances and a statement of their basis; .6 If applicable, a schedule of alternate prices; .7 If applicable, a schedule of unit prices; .8 If applicable, a statement of Additional Services; and .9 The time limit for acceptance of the GMP Proposal. 2.3.2 Review and Adjustment to GMP Proposal. After submission of the GMP Proposal, Design - Builder and Owner shall meet to discuss and review the GMP Proposal. If Owner has any comments regarding the GMP Proposal, or finds any inconsistencies or inaccuracies in the information presented, it shall promptly give written notice to Design - Builder of such comments or findings. If appropriate, Design - Builder shall, upon receipt of Owner's notice, make appropriate adjustments to the GMP Proposal. 2.3.3 Acceptance of GMP Proposal. If Owner accepts the GMP Proposal, as it may be amended by Design - Builder, the GMP and its basis shall be set forth in an amendment to this Agreement. 2.3.4 Failure to Accept the GMP Proposal. If Owner rejects the GMP Proposal, or fails to notify Design - Builder in writing on or before the date specified in the GMP Proposal that it accepts the GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event, Owner and Design - Builder shall meet and confer as to how the Project will proceed, with Owner having the following options: Owner may suggest modifications to the GMP Proposal, whereupon, if such modifications are accepted in writing by Design - Builder, the GMP Proposal shall be deemed accepted and the parties shall proceed in accordance with Section 2.3.3 above; .2 Owner may authorize Design - Builder to continue to proceed with the Work on the basis of reimbursement without a GMP, in which case all references in this Agreement to the GMP shall not be applicable. If the parties agree that the Phase 2 Services shall be performed on a Cost Reimbursable basis plus a Fixed Design - Builder's Fee without a Guaranteed Maximum Price, then the Design - Builder shall develop an estimated Contract Price on an "open book" basis and present it to Owner for review and approval. Such Cost Reimbursable Contract Price Proposal shall include all the items listed in subsection 2.3.1 for a GMP Proposal, unless otherwise agreed. 2.3.5 The cost - reimbursable elements of the Work shall be those set forth in Section2.7 ( "Cost of the Work "). 2.3.6 Design - Builder's Fee with respect to Phase 2 Work shall be equal to the amount indicated in the GMP calculation summary provided at the end of Phase 1, as agreed by Owner and Design - Builder and as adjusted in accordance with the Contract Documents. 2.3.7 Conversion. The parties may agree at any time to convert the agreed GMP to a Fixed Contract Price utilizing a stipulated sum for the completion of the Phase 2 Services. 2.4 Savings B -7 0612$117 CC A EN A PACKET FAG 340 2.4.1 Savings Sharing. If the Design - Builder's compensation is based upon a GMP, the sum of the actual Cost of the Work and Design - Builder's Fee is less than the GMP, as such GMP may have been adjusted over the course of the Project, the difference ( "Savings ") shall be shared as follows: Twenty - five_percent (25 %) to Design - Builder and seventy -five percent (75 %) to Owner. 2.4.2 Savings Calculation. Savings shall be calculated and paid as part of Final Payment, with the understanding that to the extent Design - Builder incurs costs after Final Completion which would have been payable to Design - Builder as a Cost of the Work, Design - Builder shall be entitled to payment from Owner for that portion of such costs that were distributed to Owner as Savings. 2.5 Cost of the Work. The term "Cost of the Work" shall mean costs reasonably incurred by Design - Builder in the proper performance of the Work. The Cost of the Work shall include only the following: [The costs included as "Cost of the Work" described below are illustrative. Owner and Desian - Builder should agree to appropriate costs based on the needs of the proiect.l .1 Wages of direct employees of Design - Builder performing the Work at the Site or, with Owner's agreement, at locations off the Site, provided, however, that the costs for those employees of Design - Builder performing design services shall be calculated on the basis of prevailing market rates for design professionals performing such services or, if applicable, those rates set forth in an exhibit to this Agreement. .2 Classified rates of Design - Builder's supervisory and administrative personnel engaged in the performance of the Work and who are located at the Site or working off -Site to assist in the production or transportation of material and equipment necessary for the Work. .3 Classified rates of Design - Builder's personnel stationed at Design - Builder's principal or branch offices and performing design and Project administration functions. .4 Costs incurred by Design - Builder for employee benefits, premiums, taxes, insurance, contributions and assessments required by law, collective bargaining agreements, or which are customarily paid by Design - Builder, to the extent such costs are based on wages and salaries paid to employees of Design - Builder covered under Paragraphs 2.5.1 through 2.5.3 hereof. .5 The reasonable portion of the cost of travel, accommodations and meals for Design - Builder's personnel necessarily and directly incurred in connection with the performance of the Work. .6 Payments properly made by Design - Builder to Subcontractors and Design Consultants for performance of portions of the Work, including any insurance and bond premiums incurred by Subcontractors and Design Consultants. .7 Costs incurred by Design - Builder in repairing or correcting defective, damaged or nonconforming Work, provided that such defective, damaged or nonconforming Work was beyond the reasonable control of Design - Builder, or caused by the ordinary mistakes or inadvertence, and not the negligence, of Design - Builder or those working by or through Design - Builder. If the costs associated with such defective, damaged or nonconforming Work are recoverable from insurance, Design - Builder shall use its best efforts to obtain recovery from the appropriate source and credit Owner if recovery is obtained. .8 Costs, including transportation, inspection, testing, storage and handling, of materials, equipment and supplies incorporated or reasonably used in completing the Work. .9 Costs less salvage value of materials, supplies, temporary facilities, machinery, vehicles, equipment and hand tools not customarily owned by the workers that are not fully consumed in the performance of the Work and which remain the property of Design - Builder, including the costs of transporting, inspecting, testing, handling, installing, maintaining, dismantling and removing such items. .10 Costs of removal of debris and waste from the Site. .11 The reasonable costs and expenses incurred in establishing, operating and demobilizing the Site office, including the cost of facsimile transmissions, long- distance telephone calls, postage and express delivery charges, telephone service, photocopying and reasonable petty cash expenses. .12 Rental charges and the costs of transportation, installation, minor repairs and replacements, dismantling and removal of temporary facilities, machinery, equipment and hand tools not customarily owned by the workers, which are provided by Design - Builder at the Site, whether rented from Design - Builder or others, and incurred in the performance of the Work. B -8 0612$117 CC A EN A PACKET FAG 341 .13 Premiums for insurance and bonds required by this Agreement or the performance of the Work. .14 All fuel and utility costs incurred in the performance of the Work. .15 Sales, use or similar taxes, tariffs or duties incurred in the performance of the Work. .16 Legal costs, court costs and costs of mediation and arbitration reasonably arising from Design - Builder's performance of the Work, provided such costs do not arise from disputes between Owner and Design - Builder. .17 Costs for permits, royalties, licenses, tests and inspections incurred by Design - Builder as a requirement of the Contract Documents. .18 The cost of defending suits or claims for infringement of patent rights arising from the use of a particular design, process, or product required by Owner, paying legal judgments against Design - Builder resulting from such suits or claims, and paying settlements made with Owner's consent. .19 Deposits which are lost, except to the extent caused by Design - Builder's negligence. .20 Costs incurred in preventing damage, injury or loss in case of an emergency affecting the safety of persons and property. .21 Other costs reasonably and properly incurred in the performance of the Work to the extent approved in writing by Owner. 2.6 Non - Reimbursable Costs [The costs excluded as "Cost of the Work" described below are illustrative. Owner and Design - Builder should agree to a list of excluded costs based on the needs of the pro 0ect.l The following shall be excluded from the Cost of the Work: .1 Compensation for Design - Builder's personnel stationed at Design - Builder's principal or branch offices, except as provided for in Paragraphs 2.5.1, 2.5.2 and 2.5.3 hereof. .2 Overhead and general expenses, except as provided for in Section 2.5.2 hereof, or which may be recoverable for changes to the Work. .3 The cost of Design - Builder's capital used in the performance of the Work. B -9 0612$117 CC A EN A PACKET FAG 342 ATTACHMENT D SCHEDULE B -10 0612$117 CC A EN A PACKET FAG 343 Z I L E ry E .2 ',,. cE ° v m ° v 3 u m a .3 a a o a o 0. f v Lx < o V 0c 0 u 0 0 u o 0 u U o L) `2 < ... .. ... .... - 06128117 CC AGENDA PACKET PIS 344 a 111 43 -9 Z7 V 4O Za 'rz� 0 0 0 0 0 43 >m ol E E E E 2� cc in CL E CL o Eb x < lu cc M 06128117 CC AGENDA PACKET PG 345 Z� CL a 17 - - - - - - 71 U-1 10 kn W, V) I IV V 9 V m I s 06128117 CC AGENDA PACKET PG 346 C m n n n n n W � •+ W C o °n r� n io 1 n n n ro m % w ro m ro w I- N� C zr x a v v v v v v v U ._ •• •• .n vi v v a °«3 fyh co .10. e � Y a " LL N � Y N � 0] J a� 0 N N -I W o] O1 G1 W O1 Ot Ot Ot n LL LL LL w LL w 3 ti H _ o — °; 0 3 a Y a_ i� O V U 11 v Iv 9 IEi Er E" 9 19' E"' If„ Iv Ei I W, 91 W �c I Ell, if I IV h iu rr III V" E E" W, v f wog ZE i 1 TT EE E _ n S F c Z` E _ _ 5 E � E E o ry H v �^g g �ry g� a o 06128117 CC END PACR H ry �I'I a� b N N \ \ - - - -. - - - -. - -. M P - - -�1(P r \ v \ r nJli. I _ Y .LL w E E m V .V ry v N N ti H ry ry ry m m rn c o .,:. 0 0 0 `o `oOO \ \\ o v m o o o o 0 o `o o r U Z7, t7 CL •o U � o 0 0 0 0 0 o N o ° o .. °n ° °v a .-� .+ •. •+ d o ° o ° o n d � CN o 0 a � � v d (6 � 03 T a� m 0612$117 CC AGENDA _ E 6 ;, M i ' I �a - ry �I'I a� b N N \ \ - - - -. - - - -. - -. M P - - -�1(P r \ v \ r nJli. I _ Y .LL w E E m V .V ry v N N ti H ry ry ry m m rn c o .,:. 0 0 0 `o `oOO \ \\ o v m o o o o 0 o `o o r U Z7, t7 CL •o U � o 0 0 0 0 0 o N o ° o .. °n ° °v a .-� .+ •. •+ d o ° o ° o n d � CN o 0 a � � v d (6 � 03 T a� m 0612$117 CC AGENDA _ E ATTACHMENT E OWNER'S PROJECT SCOPE AND CRITERIA 1.0 Project Scope The Owner currently operates 64 groundwater wells in order to provide a reliable water supply to the City of Bakersfield. It has been determined that a significant number of those wells will need granular activated carbon (GAC) treatment to comply with the newly established draft maximum contaminant level (MCL) of 5ppt of the synthetic organic chemical 1,2,3 Trichloropropane (TCP). The Owner has performed a water system analysis and determined that their initial efforts will focus on 27 of its wells, plus some other improvements. This Project will include the design and construction of project components described below. Well Head Treatment Facilities: Scope of work will include site improvements, piping, electrical, backwash discharge facilities (storm drain, holding tanks or sumps), receiving and installing the GAC vessel equipment (furnished by others). The Design - Builder will be responsible for coordinating the delivery of the GAC equipment by the Owner's GAC Equipment Supplier. The GAC Equipment Supplier will supply the GAC vessels, interconnecting piping, valves and all appurtenances required between vessels. Olcese 3: The existing Olcese 3 well will be modified and added to the water supply to the Interface Tank. Scope of work includes the installation of approximately one -half mile of transmission pipeline, a bored railroad crossing, and well site mechanical and electrical facilities. Emergency Generators: Emergency generators will be installed at five existing well sites to provide back- up power to ensure there is adequate pumping capacity during a power outage. Scope of work will include civil and electrical work. The Design - Builder is responsible for services related to planning, environmental, construction, discharge and operating permits as shown in Attachment F. 2.0 Design Criteria The design should include all civil, structural, mechanical and electrical design for the project and should include, but be limited to, the following items: a. Site improvements such as fencing, walls, landscaping and surfacing; b. Site layouts should allow for installation, operation and maintenance of new and existing facilities; c. Discharge of backwash water to approved receiving facilities such as storm drains, sumps or holding tanks; d. Electrical and controls as required to operate the facilities; e. Pipelines; f. Wells 3.0 Facility Performance Criteria a. The project shall be designed and constructed to achieve performance that will allow the wells to operate in compliance with the newly established draft MCL for TCP; however, Design - Builder will not be responsible for the performance of the GAC Equipment Supplier's equipment or the future GAC carbon supplier's media. 4.0 Performance Tests The Design - Builder must perform the following performance tests: b. Disinfection of the well site treatment facilities to be ready for installation of initial charge of granular activated carbon; c. Hydrostatic pressure testing of piping and vessels to confirm water tightness of facilities; d. Demonstrate that drainage system can accept flow rates required for system operation; B -11 0612$117 CC A EN A PACKET FAG 349 e. Demonstrate that the well treatment systems are hydraulically and electrically functional to perform as intended; however, Design - Builder will not be responsible for the performance of the GAC Equipment Supplier's equipment or the future GAC carbon supplier's media. f. Record all tests and submit reports to the Owner; g. Perform start -up and training as required. B -12 0612$117 CC A EN A PACKET FAG 35 ATTACHMENT F OWNER'S PERMIT LIST The Design - Builder will be responsible for preparing the required information for all permit applications (as described below) and managing and obtaining all necessary permits and approvals from public agencies. B -13 0612$117 CC A EN A PACKET FAG 351 Application Payment of Permit Permit Description Permit Holder Manager Fees Application Phase Site Plan Review Owner Design - Builder Owner Phase 1 Building Permit Owner Design - Builder Owner Phase 1 Environmental (CEQA) Owner Design - Builder Owner Phase 1 Railroad Encroachment Owner Design - Builder Owner Phase 1 City Encroachment Owner Design - Builder Owner Phase 1 Air Board ATC for Generator Owner Design - Builder Owner Phase 1 Air Board ATO for Generator Owner Design - Builder Owner Phase 2 Well Site DDW Operation Permit Owner Design - Builder Owner Phase 2 B -13 0612$117 CC A EN A PACKET FAG 351 ATTACHMENT G CONTRACT TIME Article 1.0 Contract Time 1.1 Dates of Commencement. 1.1.1 Phase 1 Services shall commence upon the execution of this Agreement. 1.1.2 Phase 2 Services shall commence no later than fifteen (15) days after the Design - Builder's receipt of Owner's Phase 2 Notice to Proceed ( "Date of Commencement ") unless the parties mutually agree otherwise in writing. 1.2 Substantial Completion and Final Completion 1.2.1 Interim milestones and Substantial Completion of identified portions of the Phase 2 Work shall be achieved in accordance with Attachment D, Schedule. 1.2.3 Final Completion of the Phase 1 Services shall be achieved in accordance with Section 1 of Attachment D, Schedule. Final Completion of the Phase 2 Work or identified portions of the Work shall be achieved in accordance with Section 2 of Attachment D, Schedule. [Note: Phase 2 Services Schedule is to be finalized during Phase 1.] 1.2.4 All of the dates set forth in this Article 1.0 shall be subject to adjustment in accordance with the Contract. 1.3 Time is of the Essence. Owner and Design - Builder mutually agree that time is of the essence with respect to the dates and times set forth in the Contract Documents. Owner agrees to provide all site access, materials, information, data, and approvals required under the Contract Documents in a timely manner, as required for Design - Builder to achieve the interim milestones of the Schedule and the Scheduled Substantial Completion Date. Design - Builder further acknowledges that Owner is subject to a regulatory deadline for the completion of the Project. 1.4 Liquidated Damages. Design - Builder understands that if Substantial Completion is not achieved by the Scheduled Substantial Completion Date (as it may be extended hereunder), Owner will suffer damages which are difficult to determine and accurately specify. The liquidated damages provided herein shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature incurred by Owner which are occasioned by any delay in achieving Substantial Completion. No Liquidated Damages shall be assessed in the event that Owner takes early beneficial occupancy of the Facility or makes partial use thereof for operating or commercial purposes before Substantial Completion is achieved. 1.4.1 Liquidated Damages Phase 1. Design - Builder understands that if Phase 1 Final Completion is not achieved by the Phase 1 Services Final Completion Date (as it may be extended hereunder) in accordance with Section 1 of Attachment D, Schedule, Owner will suffer damages that are difficult to determine and accurately specify. Design - Builder agrees that if Phase 1 Final Completion is not achieved by the Phase 1 Final Completion Date (LD1 Date), Design - Builder shall pay Owner one thousand dollars ($1,000) as liquidated damages for each day the Final Completion extends beyond the LD1 Date. 1.4.2 Liquidated Damages Phase 2. Design - Builder understands that if Phase 2 Substantial Completion is not achieved by the Phase 2 Services Final Completion Date (as it may be extended hereunder) in accordance with Section 2 of Attachment D, Schedule, Owner will suffer damages that are difficult to determine and accurately specify. Design - Builder further understands that if Substantial Completion is not achieved by the Group 1 Scheduled Substantial Completion Date, Group 2 Scheduled Substantial Completion Date, and Group 3 Scheduled Substantial Completion Date, as applicable, listed in Section 2 of Attachment D, Schedule, Owner will suffer damages which B -14 0612$117 CC A EN A PACKET FAG 352 are difficult to determine and accurately specify. Design - Builder agrees that: If Group 1 Substantial Completion is not achieved by the Group 1 Scheduled Substantial Completion Date, Design - Builder shall pay Owner five thousand Dollars ($5,000) per day as liquidated damages for each day that Group 1 Substantial Completion extends beyond the Group 1 Scheduled Substantial Completion Date, up to a maximum of ten percent (10 %) of the Phase 2 Group 1 Services Fee; If Group 2 Substantial Completion is not achieved by the Group 2 Scheduled Substantial Completion Date, Design - Builder shall pay Owner five thousand Dollars ($5,000) per day as liquidated damages for each day that Group 2 Substantial Completion extends beyond the Group 2 Scheduled Substantial Completion Date, up to a maximum of ten percent (10 %) of the Phase 2 Group 2 Services Fee; and If Group 3 Substantial Completion is not achieved by the Group 3 Scheduled Substantial Completion Date, Design - Builder shall pay Owner five thousand Dollars ($5,000) per day as liquidated damages for each day that Group 3 Substantial Completion extends beyond the Group 3 Scheduled Substantial Completion Date, up to a maximum of ten percent (10 %) of the Phase 2 Group 3 Services Fee. 1.5 Substantial Completion 1.5.1 Substantial Completion is the date on which the Work, or an agreed upon portion of the Work, is sufficiently complete (including performance testing) so that Owner can occupy and use the Project or a portion thereof for its intended purposes. 1.5.2 Substantial Completion shall be achieved at a Well Site when all of the following conditions have been satisfied at such Well Site: (1) Design - Builder has submitted and Owner has approved in writing, such approval not to be unreasonably withheld or delayed, a certification by Design - Builder that the Well Site has successfully passed each of the Performance Tests described in Section 4.0 of Attachment E, Owner's Project Criteria; (2) Except for objective (a) relating to aesthetic improvements required by local agencies and objective (b) relating to access to the treatment equipment, Design - Builder has satisfied all design objectives listed in Section 2.0 of Attachment E, Owner's Project Criteria. (3) the Design - Builder and the Owner have agreed in writing upon the Punch List (or, if they are unable to agree, the Owner shall have prepared and issued the Punch List to the Design - Builder within 30 days of the Design - Builder having submitted its proposed Punch List to the Owner); (4) the Design - Builder has delivered to the Owner and the Owner has approved in writing, such approval not to be unreasonably withheld or delayed, the pre -final Manuals; and (5) the Design - Builder has submitted written certification that all of the foregoing conditions have been satisfied and the Owner has approved, such approval not to be unreasonably withheld or delayed, the Design - Builder's certification, which approval shall be effective as of the date of the Design - Builder's certification. 1.6 Punch List Items. Design - Builder and Owner shall develop a Punch List when Design - Builder believes that the Work at the applicable Well Site has been substantially completed in compliance with this Agreement. The Punch List shall be a statement of repairs, corrections and adjustments to the Work, and incomplete aspects of the Work, which Design - Builder can complete within 90 days of the date on which Substantial Completion is achieved. 1.7 Final Completion. Once Design - Builder has received a Notice to Proceed with Phase 2, Design - Builder shall perform all design and construction services, and provide all material, equipment, tools, labor, manuals, start- up, commissioning and testing services for the Project necessary to complete the Work at Group 1 Well Sites, Group 2 Well Sites or Group 3 Miscellaneous Work, as applicable, and as further described in the Contract Documents. The Work shall be completed in accordance with the agreed upon Phase 2 Schedule. During Phase B -15 0612$117 CC A EN A PACKET FAG 353 1, Final Completion means the completion of the Phase 1 Services and during Phase 2, Final Completion means the completion of the Group 1 Well Sites, Group 2 Well Sites or Group 3 Miscellaneous Work, as applicable. 1.8 Evoqua Contract. The parties acknowledge that the Owner has a purchase order with Evoqua for furnishing the GAC Vessel Equipment and agree that the Design - Builder has no obligation with respect to the services performed or work furnished under the Evoqua Contract. The Design - Builder shall not be liable for any claim relating to the work performed by Evoqua under the Evoqua Contract or a failure by Evoqua to comply with the terms of the Evoqua Contract including delay damages for late delivery of the GAC Vessel Equipment and any regulatory fines assessed due to GAC equipment supplier's late delivery. B -16 0612$117 CC A EN A PACKET FAG 35 ATTACHMENT H GUARANTEE MATERIAL AND WORKMANSHIP CITY OF BAKERSFIELD Public Works Department Annex Building, 2nd Floor 1501 Truxtun Avenue Bakersfield, California 93301 In accordance with the terms of the Contract for: Design -Build Services for the TCP Mitigation Project awarded on June 28, 2017, between the City of Bakersfield (hereinafter referred to as "City"), and the undersigned, which contract provides for Design and Construction of Well Head Treatment Facilities at Twenty -Seven (27) Well Sites, and other facilities and under which contract the undersigned has installed such facilities, the following guarantee of the said facilities is hereby made: When each well site or other project facility achieves substantial completion, we guarantee the same to be free from imperfect workmanship and /or materials, and we agree to repair and /or replace at our own cost and expense, any and all such work, and /or materials which may prove defective in workmanship or materials within a period of one (1) year from the date of substantial completion of each well site or other project facility ordinary wear and tear or neglect excepted. We also agree to repair and /or replace, at our own cost and expense, any work and /or materials that we may disturb or displace in making good such defects. Within twenty -four (24) hours after being notified in writing by the City or the City's representative, or the agent of either of them, of any defects in said work or materials, we agree to commence and prosecute with due diligence, all work necessary to fulfill the terms of this guarantee and to complete the work within a reasonable period of time, and in the event of our failure to so comply, we collectively and expressly do hereby authorize the City and /or the City's representative, or the agent of either of them, to proceed to have such work done at our expense and we will honor and pay the cost and charges therefor upon demand. This guarantee is made expressly for and to the benefit of both the City of the above mentioned construction project and the City's representative, and shall be enforceable by either of them. Dated B -17 Contractor's Name Authorized Signature 0612$117 CC A EN A PACKET FAG 355 ATTACHMENT GUARANTEE EQUIPMENT CITY OF BAKERSFIELD Public Works Department Annex Building, 2nd Floor 1501 Truxtun Avenue Bakersfield, California 93301 In accordance with the terms of the Contract for: Design -Build Services for the TCP Mitigation Project awarded on June 28, 2017, between the City of Bakersfield (hereinafter referred to as "City"), and the undersigned, which contract provides for Design and Construction of Well Head Treatment Facilities at Twenty -Seven (27) Well Sites and other facilities and under which contract the undersigned has furnished and installed such system, the following guarantee of the said system is hereby made: Should any of the equipment installed pursuant to said contract prove defective or should the system as a whole prove defective, due to faulty workmanship, material furnished, or method of installation, or should said system or any part thereof fail to operate properly, as planned, due to any of the above causes, all within one (1) year after the date on which each well site or other project facility achieves substantial completion, the undersigned agrees to reimburse the City, upon demand, for its expenses incurred in restoring said systems to the condition contemplated in said contract, including the cost of any equipment or materials replaced, or, upon demand by the City, to replace any such equipment and repair said systems completely without cost to the City, so that they will operate successfully as originally contemplated. The City shall have the option to make any needed repairs or replacements itself or to have such replacements or repairs done by the undersigned. Prior to such replacement or repair work being done by the City, the undersigned shall have the option to make any needed repairs or replacements. In the event the City elects to have said work performed by the undersigned, the undersigned agrees that the repairs shall commence to be made and such materials as are necessary shall commence to be furnished and installed within twenty -four (24) hours of the date specified in the City's written notification. Contractor shall prosecute with due diligence to complete the work within a reasonable period of time, as specified in the City's written notification. Said system will be deemed defective within the meaning of this guarantee in the event that they fail to operate as originally intended by the manufacturers thereof and in accordance with the plans and specifications included in said contract. However, Design - Builder will not be responsible for the performance of the GAC Equipment Supplier's equipment or the future GAC carbon supplier's media. Dated B -18 Contractor's Name Authorized Signature 0612$117 CC A EN A PACKET FAG 356 ATTACHMENT J DAS -140 FORM B -19 0612$117 CC A EN A PACKET FAG 357 PUBLIC WORKS CONTRACT AWARD INFORMATION Gontract award Intormatlon must be sent to your Apprenticeship Gommittee It you are approved to train. If you are not approved to train, you must send the information (which may be this form) to ALL applicable Apprenticeship Committees in your craft or trade in the area of the site of the public work. Go to: http: / /www.dir.ca.gov /databases /das /pwaddrstart.asp for information about programs in your area and trade. You may also consult your local Division of Apprenticeship Standards (DAS) office whose telephone number may be found in your local directory under California, State of, Industrial Relations, Division of Apprenticeship Standards. Do not send this form to the Division of Apprenticeship Standards. NAME OF YOUR COMPANY CONTRACTOR'S STATE LICENSE NO MAILING ADDRESS- NUMBER & STREET, CITY, ZIP CODE AREA CODE & TELEPHONE NO. NAME & ADDRESS OF PUBLIC WORKS PROJECT DATE YOUR CONTRACT EXECUTED DATE OF EXPECTED OR ACTUAL START OF PROJECT NAME & ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT ESTIMATED NUMBER OF JOURNEYMEN HOURS OCCUPATION OF APPRENTICE THIS FORM IS BEING SENT TO: (NAME & ADDRESS OF APPRENTICESHIP PROGRAM(S)) ESTIMATED NUMBER OF APPRENTICE HOURS APPROXIMATE DATES TO BE EMPLOYED This is not a request for dispatch of apprentices. Contractors must make a separate request for actual dispatch, in accordance with Section 230.1(a) California Code of Regulations Check One Of The Boxes Below 1. F-1 We are already approved to train apprentices by the Apprenticeship Committee. We will employ and train under their Standards. Enter name of the Committee 2. F—] We will comply with the standards of Apprenticeship Committee for the duration of this job only. Enter name of the Committee 3. F—] We will employ and train apprentices in accordance with the California Apprenticeship Council regulations, including § 230.1 (c) which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman /men. Signature Typed Name Title State of California - Department of Industrial Relations DIVISION DAS 140 (REV. 1/04) OF APPRENTICESHIP STANDARDS Date 0612$117 CC AGENDA PACKET FCC 358 Explanation to box 1 - 3 on form DAS 140 • Box 1 is for contractors who are already approved to train by an apprenticeship program (signatory /member). • Box 2 indicates that a contractor is willing to comply with a program's Standards for the current project only. This generally means that the fringe benefits and the training funds will be paid to that Committee's Trust Fund. It also allows a contractor to take advantage of a more generous maximum ratio than the CAC Standards, but does not affect the minimum ratio of 1 apprentice hour for every 5 journeyman hours. • Box 3 means that a contractor will be governed by the regulations of the California Apprenticeship Council. Generally this means that the minimum and maximum ratio for apprentices is the same — 1 apprentice hour for every 5 journeyman hours per each craft, totaled at the end of the project. It also means the Training Fund Contribution is usually paid to the California Apprenticeship Council. 0612$117 CC A EN A PACKET FAG 359 ATTACHMENT K 30% DESIGN DOCUMENTS B -20 0612$117 CC A EN A PACKET FAG 360 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Consent - Agreements r. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/11/2017 111-11 V 03 SUBJECT: Consultant agreements providing for on-call civil engineering and surveying services for non-federally funded capital improvement program projects during Fiscal Years 2017-18 and 2018-19: 1. Agreement with AECOM Technical Services, Inc. (not to exceed $300,000). 2. Agreement with Meyer Civil Engineering, Inc. (not to exceed $300,000). 3. Agreement with Ruettgers and Schuler Civil Engineers (not to exceed $300,000). STAFF RECOMMENDATION: Staff recommends approval of the agreements. BACKGROUND: To expedite delivery of the Capital Improvement Program (CIP), staff implemented on-call engineering and surveying services contracts with selected engineering firms in 1996. This on- call program provides surveying and civil engineering design services as needed for various City CIP projects. The program has proven to be effective for providing timely design and surveying services to the City to maintain Cl P project delivery. These agreements allow the on-call program to continue for Fiscal Years 2017-18 and 2018-19. On March 24, 2017, a notice to engineering design firms was published in the Bakersfield Californian to inform local engineering firms the City was inviting interested firms to submit a statement of qualifications. Staff also sent via facsimile a copy of the notice to 41 local engineering firms. On April 14, 2017, the following nine local firms submitted a statement of qualifications, along with respective hourly billing rate schedules: • AECOM • Helt Engineering • Infrastructure Engineering Consultants • McIntosh &Associates 06128117 CC AGENDA PACKET PG 361 • Meyer Civil Engineering • MKN &Associates • Provost& Pritchard • Quad Knopf • Ruettegers & Schuler In May 2017, a selection committee of City staff reviewed the submitted statements of qualifications and recommended award of contracts to the following three firms based upon their qualifications being the most favorable to the City: • AECOM Technical Services, Inc. • Meyer Civil Engineering, Inc. • Ruettgers & Schuler Civil Engineers Since specific scopes of work have not yet been determined, the compensation amount for each firm is set at a not-to-exceed aggregate total of $300,000 for a two-year period. Project assignments will be based on the firm's experience and expertise. Funding for these agreements will be paid for through the actual budgeted projects.The funding source will vary by project. No additional appropriations are anticipated at this time. The previous on-call agreements were approved in 2013. Another agenda item includes an extension of time for the three agreements that were approved in 2013 to allow the consultants to complete tasks for specific projects that have been previously assigned to them. Project tasks assigned to the new agreements are distinct from the specific project tasks subject to the amendments. There will be no overlap of project tasks between the three new agreements and the three amendments. ATTACHMENTS: Description D /kgireeirneint Wth /kECOM D ExhbUk D EkNNt IB /kECOM D /kgireeirneint Wth IMeyeir C vfl Eingi °iineeiding D ExhbUk D EkNNt IB D /kgireeirne D ExhbUk D EkNNt IB Meyeir CMII Eing it eeiding rit W th RUeftgeirs & SChUer RUeftgeirs & SChUer Type /kgireeirneint Exhbt Exhbt /kgireeirneint Exhbt Exhbt /kgireeirneint Exhbt Exhbt 06128117 CC AGENDA PACKET PG 362 AGREEMENT NO. DESIGN CONSULTANT CONTRACT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a chartered City and municipal corporation, ( "CITY" herein), and AECOM TECHNICAL SERVICES, INC., a California corporation, ( "DESIGN CONSULTANT" herein). R E C I T A L S WHEREAS, DESIGN CONSULTANT represents, and, if a corporation or partnership all officers thereof, are licensed professionals in engineering, design, or similar professional areas, and holds a professional degree, or degrees, in same; and WHEREAS, DESIGN CONSULTANT acknowledges it is required and represents it does currently have errors and omissions insurance which will protect the City of Bakersfield in the event of professional errors or omissions by the DESIGN CONSULTANT; and WHEREAS, DESIGN CONSULTANT represents it is experienced in the field of design and specifically experienced in the field of civil engineering design and surveying; and WHEREAS, the CITY does not have expertise currently on staff to conduct civil engineering design and surveying for current and future public works projects of the City; and WHEREAS, DESIGN CONSULTANT has reviewed the CITY's project and is satisfied that the DESIGN CONSULTANT understands the requirements of said project; and WHEREAS, CITY has issued a Request for Qualifications, ( "RFQ" herein), which is attached as Exhibit "A" and incorporated herein by reference; and WHEREAS, DESIGN CONSULTANT has submitted a Statements of Qualifications ( "SOQ" herein) and a Schedule of Hourly Billing Rates in response to the CITY's RFQ, said SOQ and schedule are incorporated herein by reference, and said schedule is attached as Exhibit "B "; and WHEREAS, DESIGN CONSULTANT represents it is competent to undertake the project set forth in the CITY's Request for Qualifications; and DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ B4EC5CEA- 56F4- 46D5- B485- E48C46BC1BD3 \PDFConvert. 8679.1. Design- Consultant_Agr- AECOM.docx Updated — March 9, 2015 -- Page 1 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 363 WHEREAS, DESIGN CONSULTANT represents it has an adequate number of properly licensed and experienced employees on its staff to accomplish the task set forth in this Agreement; and WHEREAS, the term DESIGN CONSULTANT as used herein includes all officers of any corporation executing this Agreement, NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and DESIGN CONSULTANT mutually agreed as follows: 1. SCOPE OF WORK. DESIGN CONSULTANT shall competently and thoroughly design the project set forth in CITY's RFQ. The general scope of work for on -call services is described as providing engineering and surveying services to the CITY as the CITY identifies specific projects for which the DESIGN CONSULTANT will provide said services during the CITY's Fiscal Year 2017 -2018 and Fiscal Year 2018 -2019. The scope of work shall include all items contained in CITY's RFQ, dated March 24, 2017; CITY's Request for Proposal for a specific project, which is yet to be prepared; and DESIGN CONSULTANT's Proposal prepared for a specific project, which is yet to be prepared. CITY's yet to be prepared Request for Proposal(s) and DESIGN CONSULTANT's yet to be prepared Proposal(s) are incorporated herein by reference as though fully set forth. DESIGN CONSULTANT's services shall include all the procedures necessary to properly complete the task DESIGN CONSULTANT has been called upon to perform, whether specifically included in the scope of work or not. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of payments in the amounts outlined in DESIGN CONSULTANT's Proposal(s) for specific projects; said payments shall be paid in accordance with the hourly rate schedule DESIGN CONSULTANT submitted with this SOQ. In no case shall the DESIGN CONSULTANT receive more than Three Hundred Thousand Dollars ($300,000.00) in aggregate total for all work performed under this agreement during the term of this Agreement as set forth in Clause 1. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. 3. TIME FOR COMPLETION. DESIGN CONSULTANT shall complete all assigned tasks as set forth in the CITY's Request for Proposal for a specific project. DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ B4EC5CEA- 56F4- 46D5- B485- E48C46BC1BD3 \PDFConvert. 8679.1. Design- Consultant_Agr- AECOM.docx Updated — March 9, 2015 -- Page 2 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 364 4. PAYMENT PROCEDURE. DESIGN CONSULTANT shall be compensated after receipt of an itemized invoice for the work completed and approved by the CITY in accordance with the terms of this Agreement. Payment by CITY to DESIGN CONSULTANT shall be made within thirty (30) days after receipt and approval by CITY of DESIGN CONSULTANT's itemized invoice; however, where required by the City of Bakersfield Municipal Code, the CITY will withhold a portion of DESIGN CONSULTANT's payment for the time period and purposes set forth therein. 5. STARTING WORK. DESIGN CONSULTANT shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by DESIGN CONSULTANT and CITY. 6. CONTRACT ADMINISTRATOR. The Contract Administrator for the CITY is: Name: Navdip Grewal, P.E City of Bakersfield 1600 Truxtun Avenue Bakersfield, California 93301 Telephone: (661) 326 -3361 DESIGN CONSULTANT's Project Manager shall be designated as: William Black AECOM Technical Services, Inc. 5001 E. Commercenter Drive, Suite 100 Bakersfield, CA 93309 Telephone: (661) 283 -2323 The Contract Administrator and the Project Manager shall be the primary contact persons for CITY and DESIGN CONSULTANT. It is expressly understood that only the CITY may approve modifications to the contract, and all such modifications must be in writing and approved by the appropriate procedures set forth in the Bakersfield Municipal Code. 7. KEY PERSONNEL. At request of CITY, DESIGN CONSULTANT shall name all key personnel to be assigned to the work set forth herein. All key personnel shall be properly licensed and experienced for the work to be performed under this Agreement. DESIGN CONSULTANT shall provide background for each of the key personnel including, without limitation, resumes and work experience in the type of work called for herein. CITY reserves the right to approve key personnel. Once the key personnel are approved DESIGN CONSULTANT shall not change such personnel without the written approval of CITY. DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ B4EC5CEA- 56F4- 46D5- B485- E48C46BC1BD3 \PDFConvert. 8679.1. Design- Consultant_Agr- AECOM.docx Updated — March 9, 2015 -- Page 3 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC .36.E 8. DIRECTION. DESIGN CONSULTANT retains the right to control or direct the manner in which the services described herein are performed. 9. EQUIPMENT. DESIGN CONSULTANT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 10. CONFLICTS OF INTEREST. DESIGN CONSULTANT stipulates that corporately, or individually, the firm, its employees and subconsultants do not have, and in the future will not have, financial interest in either the success or failure of any project which is dependent upon the result of the work prepared pursuant to this Agreement or which may be constructed as a result of this Agreement. 10.1 If this Agreement involves the design of a project which is the subject of a Cooperative Agreement between CITY and the California Department of Transportation (CalTrans), DESIGN CONSULTANT stipulates that corporately, or individually, the firm, its employees and subconsultants are not currently, and in the future, will not be, employed by or under contract to any contractor who may be awarded the contract to construct the project. 11. NO CITY INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement, (California Government Code 1090). 12. ACCEPTANCE OF WORK. The acceptance of work or payment for work by CITY shall not constitute a waiver of any portion or any provision of this Agreement. 13. LICENSES. DESIGN CONSULTANT shall, at DESIGN CONSULTANT's sole cost and expense, have at the time of bidding or proposal submission and shall keep in full force and effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for DESIGN CONSULTANT to practice its profession in the State of California. DESIGN CONSULTANT, if a corporation or partnership, shall at the time of bid or proposal submission, submit proof satisfactory to CITY that all appropriate corporate officers or partners are properly licensed professionals and that all employees or subcontractors assigned to perform professional work on the project or task set forth in the Scope of Work are properly licensed. In any professional consulting firm, all key employees who are involved in providing advice to CITY shall have no less than a four year college degree in the appropriate field of study as determined by CITY. DESIGN CONSULTANT shall submit proof of same to CITY upon bid or proposal submission. 14. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ B4EC5CEA- 56F4- 46D5- B485- E48C46BC1BD3 \PDFConvert. 8679.1. Design- Consultant_Agr- AECOM.docx Updated — March 9, 2015 -- Page 4 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 366 15. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 16. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. 17. TERM. Unless terminated sooner as set forth herein this Agreement shall terminate on June 30, 2019. 18. TERMINATION FOR CAUSE. If at any time CITY becomes dissatisfied with the performance of DESIGN CONSULTANT under this Agreement, CITY may terminate this Agreement on ten (10) days written notice. Written notice shall be given pursuant to the notices paragraph of this Agreement. 19. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD City Hall 1600 Truxtun Avenue Bakersfield, California, 93301 DESIGN CONSULTANT: AECOM TECHNICAL SERVICES, INC. 5001 E. Commercenter Drive, Suite 100 Bakersfield, CA 93309 20. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ B4EC5CEA- 56F4- 46D5- B485- E48C46BC1BD3 \PDFConvert. 8679.1. Design- Consultant_Agr- AECOM.docx Updated — March 9, 2015 -- Page 5 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 367 21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 22. MERGER AND MODIFICATION. This Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 23. COMPLIANCE WITH ALL LAWS. DESIGN CONSULTANT shall, at DESIGN CONSULTANT's sole cost, comply with all applicable requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. In the event of changes in such authority which require a material change in DESIGN CONSULTANT's scope of work or schedule, subject to mutual agreement, such changes shall be considered additional services. 24. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 25. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of DESIGN CONSULTANT as an independent contractor. DESIGN CONSULTANT is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with DESIGN CONSULTANT other than that of an independent contractor. DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ B4EC5CEA- 56F4- 46D5- B485- E48C46BC1BD3 \PDFConvert. 8679.1. Design- Consultant_Agr- AECOM.docx Updated — March 9, 2015 -- Page 6 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 368 26. INDEMNITY. 26.1 Unless Section 26.2 applies to DESIGN CONSULTANT's performance of the Scope of Work, DESIGN CONSULTANT shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, arising from DESIGN CONSULTANT's negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by DESIGN CONSULTANT, DESIGN CONSULTANT's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 26.2 If the provisions of Civil Code Section 2782.8 are applicable to this Agreement, the DESIGN CONSULTANT shall indemnify, defend and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands, against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of DESIGN CONSULTANT. In the event the subject action alleges negligence on the part of the DESIGN CONSULTANT and /or CITY, or any third parties not under contract with DESIGN CONSULTANT, DESIGN CONSULTANT's obligations regarding CITY's defense under this paragraph include only the reimbursement of CITY's reasonable defense costs incurred to the extent of DESIGN CONSULTANT's negligence as expressly determined by a final judgement, arbitration, award, order, settlement, or other final resolution. DESIGN CONSULTANT shall not be responsible for warranties, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental or consequential damages to CITY or any third party arising out of breach of contract, termination, or for any other reason whatsoever. Additionally, DESIGN CONSULTANT shall not be responsible for acts and decisions of third parties, including governmental agencies, other than DESIGN CONSULTANT's subconsultants, that impact project completion and /or success. 27. INSURANCE. In addition to any other insurance or bond required under this Agreement, the DESIGN CONSULTANT shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements" herein): 27.1 Professional liability insurance, providing coverage on claims made basis for errors and omissions with limits of not less than One Million Dollars ($1,000,000) aggregate; and DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ B4EC5CEA- 56F4- 46D5- B485- E48C46BC1BD3 \PDFConvert. 8679.1. Design- Consultant_Agr- AECOM.docx Updated — March 9, 2015 -- Page 7 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 369 27.2 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: 27.2.1 Provide coverage for owned, non -owned and hired autos. 27.3 Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 27.3.1 Provide contractual liability coverage for the terms of this Agreement. 27.3.2 Provide unlimited products and completed operations coverage. 27.3.3 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. 27.3.4 All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, DESIGN CONSULTANT may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self - Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 27.4 Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. 27.5 Except for professional liability, all policies required of the DESIGN CONSULTANT shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the DESIGN CONSULTANT's insurance and shall not contribute with it. DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ B4EC5CEA- 56F4- 46D5- B485- E48C46BC1BD3 \PDFConvert. 8679.1. Design- Consultant_Agr- AECOM.docx Updated — March 9, 2015 -- Page 8 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 370 27.6 Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 27.7 Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or reduction in coverage in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. 27.8 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 27.9 The DESIGN CONSULTANT shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. 27.10 Full compensation for all premiums which the DESIGN CONSULTANT is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 27.11 It is further understood and agreed by the DESIGN CONSULTANT that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the DESIGN CONSULTANT in connection with this Agreement. 27.12 Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for DESIGN CONSULTANT. 28. THIRD PARTY CLAIMS. In the case of public works contracts CITY will timely notify DESIGN CONSULTANT of third party claims relating to this contract. CITY shall be allowed to recover from DESIGN CONSULTANT, and DESIGN CONSULTANT shall pay on demand, all costs of notification. DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ B4EC5CEA- 56F4- 46D5- B485- E48C46BC1BD3 \PDFConvert. 8679.1. Design- Consultant_Agr- AECOM.docx Updated — March 9, 2015 -- Page 9 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 371 29. ACCOUNTING RECORDS. DESIGN CONSULTANT shall maintain accurate records, including but not limited to accounting records, and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at DESIGN CONSULTANT's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 30. CONFIDENTIALITY. During the term of this Agreement, DESIGN CONSULTANT may have disclosed to it information of a legal and confidential nature, and such information could severely damage CITY if disclosed to outside parties. Except as otherwise required by law, when informed that information is confidential, DESIGN CONSULTANT will not disclose to any person, directly or indirectly, either during the term of this Agreement or at any time thereafter, any such information or use such information other than as necessary in the course of this Agreement. All documents DESIGN CONSULTANT prepares and confidential information given to DESIGN CONSULTANT under this Agreement are the exclusive property of the CITY. Under no circumstances shall any such information or documents be removed from the CITY without the CITY's prior written consent. 31. STANDARD OF CARE. DESIGN CONSULTANT shall perform the services required hereunder in accordance with the prevailing engineering standard of care by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of California. 32. CITY - PROVIDED INFORMATION AND SERVICES. CITY shall furnish DESIGN CONSULTANT available studies, reports, and other data pertinent to DESIGN CONSULTANT's services; obtain or authorize DESIGN CONSULTANT to obtain or provide additional reports and data as required; furnish to DESIGN CONSULTANT services of others required for the performance of DESIGN CONSULTANT's services hereunder, and DESIGN CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing DESIGN CONSULTANT's services under this Agreement. 33. ACCESS. CITY shall arrange for access to and make all provisions for DESIGN CONSULTANT to enter upon public and private property as required for DESIGN CONSULTANT to perform services hereunder. 34. ESTIMATES AND PROJECTIONS. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, DESIGN CONSULTANT has no control over cost or price of labor and material, DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ B4EC5CEA- 56F4- 46D5- B485- E48C46BC1BD3 \PDFConvert. 8679.1. Design- Consultant_Agr- AECOM.docx Updated — March 9, 2015 -- Page 10 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 372 unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions, time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, DESIGN CONSULTANT makes no warranty that CITY's actual project costs, financial aspects, economic feasibility, or schedules will not vary from DESIGN CONSULTANT's opinions, analyses, projections, or estimates. 35. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by DESIGN CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 36. TAX NUMBERS. DESIGN CONSULTANT's Federal Tax Identification No. 95- 2661922. DESIGN CONSULTANT is a corporation? Yes X No (Please check one) 37. 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. 38. 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. 39. NEWS RELEASES /INTERVIEWS. All news releases, media interviews, testimony at hearings and public comments relating to this Agreement by DESIGN CONSULTANT shall be prohibited unless authorized by the CITY. 40. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ B4EC5CEA- 56F4- 46D5- B485- E48C46BC1BD3 \PDFConvert. 8679.1. Design- Consultant_Agr- AECOM.docx Updated — March 9, 2015 -- Page 11 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 373 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 CONTENT: PUBLIC WORKS DEPARTMENT NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney II Insurance: COUNTERSIGNED: By: NELSON SMITH Finance Director Attachments: Exhibit "A" & "B" "DESIGN CONSULTANT" AECOM TECHNICAL SERVICES, INC. By: BEN P. HORN Managing Engineer DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ B4EC5CEA- 56F4- 46D5- B485- E48C46BC1BD3 \PDFConvert. 8679.1. Design- Consultant_Agr- AECOM.docx Updated — March 9, 2015 -- Page 12 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 374 March 24, 2017 Request for Qualifications (IRF'Q) On Call Clvll Engineering and Surveying Services for Non- F'e'derally Funded Capital Improvement Program Profits of the City of Bakersfield Fiscal Years 2017 -2018 and 2018 -2019 Bakersfield" California wishing Firms to be N m «. N for ,: project II ■ thoroughl w RFO. Information required to be provided in a Statement Of Qualifications (SOO) Is detailed in Section 8. Firms submitting a SOO must do so in accordance with the requirements of Section 9. As required by Section 12, a signed copy of the enclosed sample agreement must be submitted with an; SOO. - n r r -: Tz The City of Bakersfield (City) desires to enter into an agreement with one or more engineering firms which are able to provide the City with basic civil engineering and surveying 'services on an "on cal'" basis. The term of agreement shall' be for Fiscal Years 2017-2018 and 2018 -2019 (July 1, 2017 to ,aurae 0, 2019). Assignments will be mostly basic civil engineering design projects and surveying and are expected to begin with very short notice. (Projects will require general land surveying and/or general civil engineering service's. Typical services include research for surveying Information, land or topographic surveys, preparation of survey 'drawings, determination of the legal boundaries of a project, right of way assistance, design of suer and storm lift stations, design of storm drainage facilities, design of street improvements, 'design of traffic signals, etc. Civil engineering services will include the development of plans and specification's for more complicated projects. Project design shall meet all City requirements and conform to the City and Caltrans Standards. A majority of the City's capital improvement program projects are based on maintaining the City's existing infrastructure. Therefore, all elements of a project must be designed to provide a maximum useful life within the project's construction cost budget. Projects will be non - federally funded Capital Improvement Program Projects. For the purpose of this RFd, the term "Consultant" and "Firm' are interchangeable and refer to the qualified firm (s) hired to provide the services, For the purpose of this agreement, the following definitions shall apply; OWNER is the design Section of the Engineering Services Division of the Public Works Department and other Departments of the City of Bakersfield as applicable to assigned projects. PROPOSER is a firm which submits a Statement of Qualifications in response to this RFu . CONSULTANT is a firm hired by the CRY to provide the services described in this RFQ. LOCAL REGULATORY AGENCY refers to all Sections, divisions, and Departments of the City of Bakersfield and the County of kern that are charged with the review and approval of the ,project within the city limits. STATE REGULATORY AGENCY refers to all Mate of California agencies that might have jurisdiction over the project design and/or construction, FEDERAL REGULATORY AGENCY refers to all United States of America federal agencies that might have jurisdiction over the project design and/or construction. SECTION 2. PR19, -J'ECT ASSIGNMENT In the event that the City enters into contracts with more than one firm, assignment of projects may be based on the expertise of the firm as, presented in the SG1C'. 8cTROJEC"rsra"r caau 0AWY1 , a & FYa s1 sucan3ubnu, sewcfion Procew+A oar RFO urn Svy.docx 0612$117 CC AGENDA PACKET FAG 37.E � 1 � RFQ — On Call Civil Engineering & Surveying The City will endeavor to evenly distribute projects, in regards to total compensation, between all the firms awarded an agreement. When a specific project is identified, the City will develop a scope of work statement and submit it with a Request for Fee Proposal (IFP) including any required completion dates. CONSULTANT shall then prepare a tee proposal in accordance with Section 3 of this RFQ and submit it to City for reviews and approval, Upon the City's acceptance of the proposal, a notice to proceed' wwill be issued. If the City and CONSULTANT are not able to agree upon a proposal for the project, or should the CONSULTANT not be ,able to complete the project within the time lines needed by the City, the City, will inform the CONSULTANT that their proposal is rejected. The City will them request a proposal from smother CONSULTANT. - ,] :L41,11 The City's agreements for these On Call Civil Engineering and Surveying Services will state that the CONSULTANTS shall not receive more than an aggregate total of $300,000 each for the team of this agreement, unless otherwise modified by amendment.. There will be no minimum payment in connection with this agreement. The City will request a fee proposal from the Consultant when a specific project is developed, The CONSULTANT shall submit a fee proposal based on the Scope of Work of the project. The fee proposal shall shown the anticipated number of hours for each person who will work on the project, their hourly billing rate and the total estimated l cost, including printing, materials and all other Incidental charges, if any. The fee proposal shall, unless otherwise instructed in the request for a fee proposals be structured as follows: Preliminary Phase fixed fee, not to exceed Design Phase fixed fee, not to exceed Bidding Phase time and mate-ials, not to exceed Construction Phase time and materials, not to exceed Request for payment of services shall be billed, with ar monthly itemized invoice, to the City in accordance with the rates in the firm's schedule of hourly billing rates which is submitted' in response to this RFQ. The invoice shall be accompanied with a monthly progress report itemized for the work completed in that period. The monthly progress report shall include a description of activities performed, an estimate of the percent of work completed, and a summary of any problems encountered. Payment will be made for work product that has been delivered to and accepted by the City. The crates on the schedule submitted in response to this RFQ (refer to Section S) shall be herd constant throughout the term of this agreement, No "cost of living" or other similar increases of the hourly rates will be allowed. CONSULTANT will be responsible for compensating their employees in accordance with all applicable labor laws and regulations.. rw CONSULTANT shall have a professional staff to provide all the services necessary for the project as defined in the specific project scope of work, CONSULTANT shall have the resources necessary to respond to a. call for services immediately, to be able to submit a proposal within five b) working days after receiving a RFP from the City, and to be ab4e to complete the project In a timely manner as shown on their project schedule submitted with their proposal. CONSULTANT will not be responsible for identification, handling, containment, abatement, or in any other respect, for any hazardous materials if such is present in connection with the project. s:PRoJecrrswon can CivanwFY1 rre s FYIBiawconsuanarn seen ruon \_ o3 RFQ ena Svy,docx 0612$117 CC A EN A PACKET FAG 376 R'PQ - On Call Civil Engineering & Surveying i. « - r CONSULTANT will not be responsible for the construction means, methods or sequencing. &ONSULTANT will net be responsible for job site safety. Based on the needs of the assigned project, CONSULTANT may be required to provide any or all of the following services: conduct field survey; prepare survey drawings, design studies and calculations; obtain record information from utility companies; prepare right-of-way certification; design improvements; prepare all necessary plans, specifications and cost estimates; respond to bidder's questions; make recommendations for awarding the construction contract and perform general consulting services during construction of required. Typical services shall include, but are not limited to, those presented below. The City will determine which services are applicable and are to be included in the project proposal. Not all of the projects will have a four -phase development. Services for a specific project may be limited to one particular phase. When the contracted work is accepted by the City, all completed reports, plains, drawings, documents, studies, calculations, computer files, photos, reproducible, recorded media, etc., used in the planning, research, and design of the project shall become the property of the City, including their copy rights and any inherited interests. 'l. Attend a Project Review Meeting with City staff to review the project and City procedures and standards.. 2. Based on legal' descriptions and adjacent tract maps, prepare a drawing of the project site boundaries. 3. Conduct an engineering survey for the project site and adjacent properties to obtain all topographic and right- of-way information necessary for the complete design of the project. Prepare base drawings for the project, including existing and proposed' utilities both above and underground, contact utility companies on behatf of the City, prepare right- of-way certification, and incorporating the design information of any adjacent proposed improvements into this survey. CONSULTANT shall verify and confirm any bench mark(s) or field book information before using them in their surveys,. 4. Prepare a preliminary design for the project. . Prepare a. Preliminary Construction Cost Estimate for the project based on the preliminary design.. The Preliminary Construction Cast Estimate shall be an itemized estimate, include all of the components necessary for the complete construction of the project. The Preliminary Construction Cost Estimate shall be in the same format as the City`s Sid Proposal form and shall only include appropriate City standard pay items, unless otherwise approved by the City.. 6. Submit the survey, preliminary design and the Preliminary Construction Cost Estimate to the City for review and comment. All survey information must be provided in hard copy and electronic format which can be integrated directly with existing information in the City's CAD system. 7. Attend a Project Status meeting with City staff to discuss the engineering services, surveying, and preliminary design, the Preliminary Construction Cost 'Estimate and the next phase of the work. DESIGN PHASE S. On behalf of the City, apply for and obtain all required approvals and permits from all governing public agencies for the construction of the project. 9. Assist City in applying for and obtaining utility services and /or relocation of existing utilities necessary for project to be constructed and functional. APROJECTSOn Call CivinlFY1718 8 u M1819\Con uftann Selection Pro 1 03 RFO ng Svy.doex 0612$117 CC A EN A PACKET FAG 377 !�' « rift r r 1 it. Based on the approved preliminary design and the approved Preliminary Construction Cost Estimate:, 'finalize the design and prepare Construction Plans, Specifications and Sid Documents (utilizing the State of California, Department of Transportation Standardl_ SpIcilic tip, 2015 edition, and the City of Bakersfield Special Provisions). The Construction Plans,. Specifications and Bid Documents small be adequate for obtaining construction bids in accordance with all applicable regulations and requirements of the Mate of California and the City of Bakersfield. Specifications for each project must be teased on the most current version of the City's boiler plate at the time the project is issued for bids. 11. Visit the project site to verify that design conforms to the actual and visible field conditions. 12. Prepare an Engineers Estimate of the Construction Cost based on the Construction Plans and Specifications. The Engineer's Estimate of the Construction Cost shall be in the same format as the City's Bid (Proposal Form and shall only include appropriate City Standard pay items, unless otherwise approved by the City. 13, Submit the Construction Plans, Specifications, Bid Documents and Engineers Estimate to the City for review and approval. 14. Attend a Project Status meeting with City staff to discuss the plans and the construction of the project. 15. Devise the Construction Plans, Specifications and Sid Documents and Engineer's Estimate as necessary based on the City's review comments and resubmit for approval. 16. Furnish to the City the originals of the approved Construction Plans, Specifications and laid Documents and Engineer's Estimate. All drawings must be provided in hard copy and electronic format which can be integrated directly with existing information in the City's CAD System, 17. All drawings produced for the Preliminary and Design. (Phase items of work shall be prepared on 22 inch by 34 inch media size. The original drawings small have a minimum letter height of 0.10 inch, so that when the drawings are reduced fifty percent, the lettering will l remain legible. [:flr]ir]IMMI:► 18. Respond to contractors' questions regarding the plans and' specifications. 19. Prepare modifications to the Plans and'lor Specifications as necessary to support City in preparing and' issuing addenda. CONSTRUCTIQN PHASE 20. Review and approve Contractors submission of product data and shop drawings as required. 21. Furnish general observation of construction work and on -site consulting service as required by the City. 22. Investigate proposed contract change orders and submit background information to the City for a decision, if justified, and prepare necessary drawings and documents for approval. 23. Assist in performing a final inspection service of the completed construction and prepare a list for the City, if necessary, of items to be corrected prior to accepting the project as constructed.. Regarding the CAD data submitted by the CONSULTANT, CONSULTANT shall not be (liable for claims, liability or losses arising out of, or connected with (1 ) the modifications or misuse by City, or anyone authorized by City, of such CAD, data, or (2) decline of accuracy or readability of CAD data due to inappropriate storage Conditions or duration; or (3) any use by City, or anyone authorized by City, of such CAD data for additions to this project, or fear the completion of this project by others, or for any other project, excepting only such use as is authorized, in writing, by CONSULTANT. APRO rECTSOn Cara C+ MY1718 & FYI819iConsaftant Selection Processl 03 RFgin Eng Svy.docx 0612$117 CC A EN A PACKET FAG 378 RFQ Can Call Civil Engineering & Surveying Page 5 of t Prragress reports as described in Section 3 are required with each submitted invoice. The CONSULTANT is required to provide all specific services and satisfy all the requirements for the project as specified in this RFQ, in subsequently issued RFP, and as necessary to complete the requirements of a specific project. r ; �► 1. The City will provide a general description of the project site, its location and boundaries, bench marks for surveying, and a concept plan, a plot plan, and /or design criteria as necessary for the project. The City will assist CONSULTANT to obtain right of entry to private properties for conducting necessary survey(s) or field inspections.. , The City will provide copies of City's records regarding available tract snaps and legal documents that establish the boundaries of the project site(s) and information about adjacent improvements. The City will provide copies of the available plans of the existing related improvements. It is not certain that record drawings for all existing improvements are available, and the City makes no warranty that that is the case. 3. The City will provide all services required to plan, supervise, monitor and finance the construction of the project, services for the environmental approval of the project except for those services to be ,provided by the engineering firm as set forth herein or specifically identified in the Request for Fee Proposal, 4. The City will furnish a construction manager who will make daily observation and inspection of construction to determine compliance with construction plans and specifications by the construction contractors in conjunction with and under the advisement of the engineering firm, S. The City will provide construction staking and construction material testing services„ if required, G. The City will provide and complete necessary contractor payment forms. SECTION 6. TIME, SCHEPVLE FOR ASSIGNED PIS CTS The CONSULTANT shall execute its work in a timely manner in order to complete its assignment within the schedule approved by the City, Failure to respond by completing scheduled work in a timely manner may result in no further project assignments or in termination of the agreement. SECTION" . CONSULTa4NrS TEAM This invitation to submit an SOQ is open only to, frms with staftd offices within the Bakersfield Metropolitan Area The w orlr sharp be performed by qualified staff`' that work in the local ef9l a and are familiar with the City's standards and requirements. The CONSULTANT's staff working on this project shell be qualified professional staff and shall have the necessary experience, expertise and licenses to complete the project design and satisfy all the requirements as described in this RFQ.. At a minimum, the CONSULTANT °s team shall include the following: 1. A qualified design professional acting as Project Manager to direct and oversee the CONSULTANT °s work on all phases of the assigned) projects; 2. A California registered civil engineer experienced in general civil engineering and who has extensive experience in designing comparable infrastructure f facilities; and 3. A California licensed land surveyor experienced in all aspects of surveying or a registered civil' engineer who is allowed by California state law to practice as a licensed land surveyor. s:Paeoue sw Carr CMAFYu raue s rXUS srcornsu leant Selection Pnx*ss\-03 es =o Eng Svy.docx 0612$117 CC A EN A PACKET FAG 379 RFQ _ On Call Civil Engineering & Surveying ..:.. r The City does not require nor expect that CONSULTA NT have subconsultants on their team to provide specialty services such as geotechnical engineering or landscape architecture, (Neither the inclusion nor exclusion of specialty service subconsultants in their team at time of submitting an SOQ will be considered in the evaluation of the firm, However, the PROPOSER's team must have appropriate staff to provide the basic civil engineering and Surveying services.) In the event that a specific project requires specialty services, the City will work with the CONSULTANT to secure those services either as a reimbursable expense through the an Call agreement or under a separate, agreement between the City and a firm providing the specialty service. rr �w All interested PROPOSER's shall submit a Statement of Qualifications (SOQ) which shall contain at a minimum the following information: 1. The completed General Information Sheet, (refer to Attachment RFQ -t' ), An officer of the PROPOSER must sign this document. . A statement of PROPOSER's management principles, procedures and how they will be applied to work performed under this agreement in regards to. a. Development of a project design schedule and adhering to that schedule; b. Establishment of a cooperative relationship with the City, any other consultants hired by the City and the City's construction contractor, and c. Complete and successful performance of all tasks assigned to the CONSULTANT. 3. Name and relevant experience of PROPOSER's principals who will be responsible for the project,. Name and relevant experience of PROPOSER's key personnel who will work on the project. . A list of all current projects, including the amount of PROPOSER's resources allocated to those projects and the completion date of PROPOSER's work at that level of allocation. A similar list shall be provided for each of PROPOSER's subconsultants, 5. A list of comparable projects on which PROPOSER has been involved during the past five years. The list should include at leant four different clients and should provide the following information for each project: a. Project title, location and description including size of the project; b. Nature of PROPOSER's responsibility; c. Start and end dates of PROPOSER's involvement in the project;. d. Dames of PROPOSER's key personnel involved in the 'project; e. Total dollar amount of PROPOSER's contract; f. Marne, address and phone number of the project owner; g. Name and address of PROPOSER's client if different from the project, owner; and h, Name and phone number of contact person at PROPOSER's client "s office. `. A statement of PROPOSER's approach in designing a project within the allocated' time schedule and project budget. Include examples of how this approach was proven effective in pant projects for the City or other governmental agencies. 8. A statement of PROPOSER's approach in designing a project to provide maximum useful life of the project. (Include examples of how this approach was proven effective in past projects for the City or other governmental agencies. g. A statement of why PROPOSER believes it should' be selected for this project. S.' OJECTSOn Cams Cis KFY1718 & FY1819% onsumtant seam Pr MR,, 03 RFO Eng Svy.docx 0612$117 CC A EN A PACKET FAG 38 10. A list of all subconsultaants that PROPOSER will be utilizing on this project, This list shall include the following information for each proposed subconsultanl: a. lame, address, and phone number for subconsultant`s office that will be performing work on the project', b. Name and relevant experience for subconsu'ltarnt 's key employees that will be working on this project; and c. Description of work that the subconsultant will perform on the project. If the PROPOSER has multiple offices and proposes to utilize staff from multiple offices for this project, then the following shall apply in regards to this listing of subconsultants: The office submitting an SOO for PROPOSER shall be considered the CONSULTANT. All other offices of PROPOSER shall be considered subconsultants and shall be included in the subconsultants listing.. 11. A list of PROPOSER's claims history since January 1, 2012: a. A list of all claims, demands for arbitration and/or law suits filed by PROPOSER predecessor companies or company officers against project owners or their agents. This list shall include the following information for each claim: Name of project owner; Project completion date; Basis for claim, Claim or suit amount; Current status; and Award or settlement amount. b. A fist of all claims, demands for arbitration and/or law suits filed by project owners„ their agents or subconsultants against PROPOSER, predecessor companies, its agents or bonding company in connection with PROPOSER, its officers, its agents or bonding company. This list shall include the following information for each claim:. Name of project owner; Project completion date; Basis for claim, Claim or suit amount; Current status; and Award or settlement amount. 12, A statement of PROPOSER 's current insurance coverage signed by a company official. P9 n submit a certificate of insurance in lieu of this statement, 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.. four (4) copies of the firm's SOO (refer to Section 8 of this RFQ),, including the MGeneral information Sheet" (Attachment RFQ-1 of this RFQ) signed by a company official and a statement of insurance coverage signed by a company official; one copy of the firm's schedule of hourly billing rates, in a sealed envelope labeled with the company's name and the words "'On Call Engineering and Surveying, Services, hourly billing S VROJ CTS\On Call Cwvwi'FY1718 & FYI 81MCOMUlUnt Selection Prot s\_03 RFQ Eng Svy^.d oex 0612$117 CC A EN A PACKET FAG 381 RFC — On Call Civil' Engineering & Surveying schedule"'. This rate schedule shall be valid for the duration of the agreement. All charges for materials, printing, computers, etc.,, ;shall be included in the hourly billing rates, and 01 one signed copy of the draft contract (refer to Section 12 of this RFQ and Attachment RFO- '), The above submittal items roust be placed into a sealed! envelope bearing PROPOSER's name and the words O'Statement of Qualifications for On-Call Civil Engineering and Surveying Services Bakersfield, California,." Before the date and time stated in the Notice to Design Firms, the submittal package must be delivered to,, Navdiip Grewal, Civil Engineer IV- Design Engineering Public Works Department, City of Bakersfield Second Floor, City Hall Annex 15011 Truxtun Avenue, Bakersfield, California, 93301. The City assumes no responsibility for non - receipt of submittal packages due to any delay, including, but not limited to, carrier delay. It is the PROPOSER's responsibility to meet the deadline stated above. Submittals which do not contain the requisite number of copies and all the information requested in the RFQ may be considered non- responsive and rejected without evaluation. Submittals received after the deadline or at the wrong location will be considered non - responsive. Fax and electronic copies will not be accepted. SECTION 10. SELECTION OF CONSULT NT PROPOSERS submitting a Statement of Qualifications (SQ,Q) for this project must provide in their submittal, veriffable evidence demonstrating that they have considerable current and past experience in providing; basic civil engineering services and surveying services as described in Sections 1 and 4 of this RFQ. The City will award a contract to one or more engineering firms after reviewing all the Statements of Qualifications (SQQ) submitted by interested firms. Primary selection process will be based on the City's evaluation of the firm's SOQ and the items listed below. Secondary consideration will be based on the City's evaluation of the consultant's schedule of hourly billing rates which shall not be opened until evaluation of SOQ scores and reference checks of all farms are completed and that the ranking of firms is in order. In no particular order, the following items shall be used for evaluation; 1. PROPOSER's ability to respond in timely manner, such as, submittal of a project proposal for a specific project; availability of the firm to start work on a speck project; and the time needed to complete the project. 2. PROPOSER's experience and past performance on comparable projects for the City and other governmental agencies. 3. PROPOSER's resources and its capability, to perform the required services within the required time frames. . Qualifications and experience of personnel PROPOSER anticipates assigning to City projects. Srl ROJ CTMn Cali CivrWY1718 & FYI 8MConsurtemt Selection ProoeSSL 3 RFQ Eing svy.docx 0612$117 CC A EN A PACKET FAG 382 I., a r .M. ' r b. PROPOSER's ability to understand the project requi RFQ — On Call Civil Engineering & Surveying The Consultant shall not be allowed to alter or negotiate contract language after the submittal of Consultant's Statement of Qualifications. 'Failure to execute the contract without alteration may result in the rejection of the Consultants proposal and the retaining of a different consultant by the City. At the time of contract execution, the Consultant will he required to provide evidence: of insurance coverage (Certificates of Insurance) as specified in the agreement. S CTION 13, CONTACTS AT T ll CITY O^ F BAKER FIELD All questions concerning the project, the submittal of a Statement of Qualifications, the City's review and evaluation of the 500 "s„ and the City's selection of a consultant for this project should be submitted in writing and directed to: Navdip Gre^wraal, Civil Engineer IV- Design Engineering Public Works Department, City of Bakersfield e-mail- ngrewat@bakersfieldcAy.us SECTION 14. ATTACHMENTS 12 TMIS EEO The following documents are attachments to this RFQ: Attachment RFCt -1 , "General Information Sheet" Attachment RFQ -2, "Sample D'esig'n Consultant Agreement" SAP'ROJ CTSkOn CAIN CMKFY1718 & F x"1819 COnsUuuant seWCUM P'rocess�_ 03 Fir Q Eng Svy.docx 0612$117 CC A EN A PACKET FAG 38 General Information Sheet Attachment RFQ-1 On Call Civil Engineering and Surveying Services for I" on -Fed Capital Improvement Program Projects of the City of Bakersfield Fiscal Years 2017-2018 and 2018-2019 Bakersfield, California Legal Name of Firm: Type of Organization: Individual, Partnership, or Corporation, If a corporation, state in which the firm is incorporated: Federal Employer I.D. Number: Name of Principal-In-Charge Title, License INumber Name of Project Manager Title, License Nurnber Signature of Officer of PROPOSER Title, Date SAPROJECTSOn, Call CivilIFY17118 & FYI 81%Conudlant Selection ProceSSL03 RIFF Erg Svy.docx 06128117 CC AGENDA PACKET PG 385 RFO-Attachment 2 AGREEMENT NO.— SAMPLE DESIGN CONSULTANT CONTRACT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a chartered City and municipal corporation, ("CITY" herein), and a ("DESIGN CONSULTANT" herein). R E C I T A L S WHEREAS, DESIGN CONSULTANT represents, and, if a corporation or partnership all officers thereof, are licensed professionals in engineering, design, or similar professional areas, and holds a professional degree, or degrees, in same; and WHEREAS, DESIGN CONSULTANT acknowledges it is required and represents it does currently have errors and omissions insurance which will protect the City of Bakersfield in the event of professional errors or omissions by the DESIGN CONSULTANT; and WHEREAS, DESIGN CONSULTANT represents it is experienced in the field of design and specifically experienced in the field of ; and WHEREAS, the CITY does not have expertise currently on staff to conduct - and WHEREAS, DESIGN CONSULTANT has reviewed the CITY's project and is satisfied that the DESIGN CONSULTANT understands the requirements of said project; and WHEREAS, CITY has issued a Request for Proposals, ("RFP" herein), which is attached as Exhibit "A" and incorporated herein by reference; and WHEREAS, DESIGN CONSULTANT has submitted a proposal in response to the CITY"s Request for Proposal, and said proposal is attached as Exhibit "B" and incorporated herein by referenced; and WHEREAS, DESIGN CONSULTANT represents it is competent to undertake the project set forth in the CITY's Request for Proposal; and DESIGN CONS1 it TANT AGREEMENT SAPpOJECTS%on W OVAFY1710 & FY1$1VC4nS~ Sa*djOn Pr0MSd0-*,t-C—MnLAW.d= UpdaWd — M*ch 9, 2016 — Page I of 11 Pages -- 06128117 CC AGENDA PACKET PG 386 WHEREAS, DESIGN CONSULTANT represents it has an adequate number of properly licensed and experienced employees on its staff to accomplish the task set forth in this Agreement; and WHEREAS, the term DESIGN CONSULTANT as used herein includes all officers of any corporation executing this Agreement, NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and DESIGN CONSULTANT mutually agreed as follows: 1. aCOPE OF WORK. DESIGN CONSULTANT shall competently and thoroughly design the project set forth in CITY's RFP and is generally described as follows: DESIGN CONSULTANT"s services shall include all the procedures necessary to properly complete the task DESIGN CONSULTANT has been called upon to perform, whether specifically included in the scope of work or not. F MOO Q2MPENSATION. Compensation for all work, services or products under this Agreement shall consist of a total payment of Dollars ($ ) which shall be paid as follows: . 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. 31. TIMI FOR COMPLETION. DESIGN CONSULTANT shall complete all assigned tasks set forth in the scope of work no later than (date) 4. PAYMENLf RQCEDURE. DESIGN CONSULTANT shall be compensated after receipt of an litemied invoice for the work completed and approved by the CITY in accordance with the terms of this Agreement. Payment by CITY to DESIGN CONSULTANT shall be made within thirty (30) days after receipt and approval by CITY of DESIGN CONSULTANT's itemized invoice; however, where required by the City of Bakersfield Municipal Code, the CITY will withhold a portion of DESIGN CONSULTANT's payment for the time period and purposes set forth therein. DESIGN CONSULTANT AGREEMENT SIPROJECIMOn W CWWY171,8 & FY181=om4w Se"on Prooess%DssWCor%uUrA AW,dbcx UPd6ftd — MaMh 9, 2,015 — Page 2 of 11 Pages — 06128117 CC AGENDA PACKET PG 387 I S. START1N_Q_WM. DESIGN CONSULTANT shall not begin work until authorized to do so in writing by CITY. No work MI be authorized until the contract has been fully executed by DESIGN CONSULTANT and CITY, 16. CONTRACT ADMINISTRATOR,. The Contract Administrator for the CITY is: Name: City of Bakersfield 1600 Truxtun, Avenue Bakersfield, California 93301 Telephone: (661) 32& DESIGN CONSULTANT's Project Manager shall be designated as: Telephone: (—) The Contract Administrator and the Project Manager shall be the primary contact persons for CITY and DESIGN CONSULTANT. It is expressly understood that only the CITY may approve modifications to the contract, and all such modifications must be in writing and approved by the appropiriiate procedures set forth in the Bakersfield Municipal Code. ,7. KFYtJR§QNNft At request of CITY, DESIGN CONSULTANT shall name all key personnel to be assigned to the work set forth herein, All key personnel shall be properly licensed and experienced for the work to be performed under this Agreement. DESIGN CONSULTANT shall provide background for each of the key personnel including, without limitation, resumes and work experience in the type of work called for herein. CITY reserves the right to approve key personnel. Once the key personnel are approved DESIGN CONSULTANT shall not change such personnel without the written approval of CITY. R. Q11gCTION. DESIGN CONSULTANT retains the right to control or direct the manner in which the services describedi herein are performed. 9. EQUIPMENT. DESIGN CONSULTANT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 10. CONFLICTS OF IN�TERUT. DESIGN CONSULTANT stipulates that corporately, or individually, the firm, its employees and subconsultants do not have, and in the future will not have, financial interest in either the success or failure of DESIGN CONSULTANT AGREEMENT $7%Pft0J6C'tS*n Co CWWY171 0 & FY181 monswum Selecoom Prooessoew4rWAmufto AW.dD= IUP"ed - MaMh k 2015 — Page 3 of 11 Pages 06128117 CC AGENDA PACKET PG 388 any project which, is dependent upon the result of the work prepared pursuant to this Agreement or which may be constructed as a result of this Agreement. 10.1 If this Agreement involves the design of a project which is the subject of a Cooperative Agreement between CITY and the California Department of Transportation (CalTrans), DESIGN CONSULTANT stipulates that corporately, or individually, the firm, its employees and subconsultonts are not currently, and in the future, will not be, employed by or under contract to any contractor who may be awarded the contract to construct the project. 111. NO, CITY INTERE . No officer or employee of the CITY shall hold any interest in this Agreement, (California Government Code 1090). 12. & CE QF WQRK. The acceptance of work or payment for work by CITY shall, not constitute a waiver of any portion, or any provision of this Agreement. 13. LICEN51S. DESIGN CONSULTANT shall, at DESIGN CONSULTANT's sole cost and expense, have at the time of bidding or proposal submission and shall keep in full force and effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for DESIGN CONSULTANT to practice its profession in the State of California. DESIGN CONSULTANT, if a corporation or partnership, shall at the time of bid or proposal submission, submit proof satisfactory to CITY that all appropriate corporate officers or partners are properly licensed professionals and that all employees or subcontractors assigned to perform professional work on the project or task set forth in the Scope of Work are property licensed. In any professional consulting firm, all key employees who are involved in providing advice to CITY shall have no less than a four year college degree in the appropriate field of study as determined by CITY. DESIGN CONSULTANT shall submit proof of same to CITY upon bid or proposal submission. 14. NQ AAJVER QF DEFAIJ LI. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's, right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 15. GP_ VEBN_ING- LA . The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 16, EURTRER SSURAbICES. 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. DEMN CONSULTANT AGREEMENT SAPROJECTSOn, Cali CivMY1 718 & FYI 81 =OrMAXII Sdftdion Pr00kMW"Qn-Canu&ar4AW d= UpdaWd — March 9� 20115 — Page 4 of 11 Pages — 06128117 CC AGENDA PACKET PG 389 17. IM. Unless terminated sooner asset forth herein this Agreement shall terminate on (date). IS., TERMINATION FOR CAUSE It at any time CITY becomes, dissatisfied with the performance of IDESIGN CONSULTANT under this Agreement, CITY may terminate this Agreement on ten (10) days written notice. Written notice, shall be given pursuant to the notices paragraph of this Agreement. 19. N911C_F M All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD City Hall 1600 Truxtun Avenue Bakersfield, California, 93301 DESIGN CONSULTANT: 20. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (inclluding, but not limited to, accoun�ts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties,. 21. j1tjQjtjG _EfFE�C . The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 22. MIRGIR AND MQD1F1CAjjQN. This Agreement sets forth the entire DESIGN CONSULTANT AGMEMENT S'"OJECT$On W CMAM 718 & FY18i 9RC0n8UXM$@kw1ion Prco@s5WesVn-00rft%* KAQr.d= tWMd — Match 9. 2015 -- Page 5 of I I Pages — 06128117 CC AGENDA PACKET PG 390 Agreement between the parties and supersedes will other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all f he parties. 23. ITH ALL M$ DESIGN CONSULTANT shall, at DESIGN CONSULTANT's sole cost, comply with all applicable requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or groviingi, 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 51.02) where required. In the event of changes in such authority which require a material change in DESIGN CONSULTANT's scope of work or schedule, subject to mutual agreement, such changes shall be considered additional services. 24. MPLIANCE. 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 on unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10 164 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. 26. INDEPENDENT ACT R,, This Agreement calls for the performance of the services of DESIGN CONSULTANT as an independent contractor. DESIGN CONSULTANT is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with DESIGN CONSULTANT other than that of an independent contractor. LIM 1't 0 26.1 DESIGN CONSULTANT shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and oil liability, claims, actions, causes of action or demands whatsoever against them, allsing! from DESIGN CONSULTANT's negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by DEMN CONSUITANT AGREEWNT S NPROJECTSft Cidl Cw1WY171S & FY181 Mw4wftart Sajectoon AW.db0x UpdaWd — MWch 9, 2015 -- Page 6 of 11 Pages — 06128117 CC AGENDA PACKET PG 391 DESIGN CONSULTANT, DESIGN CONSULTANT's employees, agents, independent cpntroctors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 26.2 If the provisions of Civil Code Section 2782.8 are applicable to this Agreement, the DESIGN CONSULTANT shall indemnify, defend and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands, against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness, or Willful misconduct of DESIGN CONSULTANT. 27. INJURANCE. In addition to any other insurance or bond required Iunder this Agreement, the DESIGN CONSULTANT shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance, requirements" herein): 27.1 erojessional Ilabillay insurance, providing coverage on claims made basis for errors and omissions with limits of not less than One Million Dollars ($1,000,0010) aggregate; and 0 0 lots 27.2.1 Provide coverage for owned, non-owned and hlrell-I autos. I 27.3 lrggd form commerclal eneral IlablUty insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 27.3.1 Provide contractual liability coverage for the terms of this Agreement. 27.3.2 Provide unlimited products and completed operatio coverage. I 27.3.3 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees DESIGN CONSULTANT AGREEMENT SAPROJEC TSVOA CM CWITY1 7%& FYI819C4XwRant SOWCOM PMC"S0*$*W*,C0MLAVt Aar d= updaw — 19, 2016 — Page 7 of 11 Pages 06128117 CC AGENDA PACKET PG 392 and designated volunteers. 27.3.4 All policies shall be written on a first-dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, DESIGN CONSULTANT may utilize a Self-Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self-insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 27.4 Workers' com2en__S9M2n Insurance with statutory limits and employers liability insurance with limits of not less than One Million Dollars ($ 1,000,000) per occurrence; and the policy shall contain, a waiver of subrogarlon in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. 27.5 Except for professional liability, all policies required of the DESIGN CONSULTANT shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the DESIGN CONSULTANT's insurance and shall not contribute with it. 27.6 Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY"s Risk Manager, but in no event less than A-:Vll. Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's, A-:Vll, must be declared prior to execution of this Agreement and approved by the CITY in writing. 27'.7 Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall Ibe delivered to CITY on demand. 27.8 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 27.9 The DESIGN CONSULTANT shall furnish the City Risk Manager with a certificate of Insurance and required endorsements evidencing the insurance DESIGN CONSULTANT AGREEMENT SOROJECTSOn CaN CMAFY1718 & FY181WcnsuftM So*ctk)o Prmssoesicp4wwmim Agr.d= Updated —March 9, 2015 -- Page 8 of 11 Pages — 06128117 CC AGENDA PACKET PG 393 required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. 27.10 Full compensation for all premiums which the DESIGN CONSULTANT is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 27.11 It is further understood and agreed by the DESIGN CONSULTANT that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the DESIGN CONSULTANT in connection with this Agreement. 27.12 Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for DESIGN CONSULTANT. 28. IKIRD PARTY CLAIMa. In the case of public works contracts CITY will timely notify DESIGN CONSULTANT of third party claims relating to this contract. CITY shall be allowed to recover from DESIGN CONSULTANT, and DESIGN CONSULTANT shall pay on demand, all costs of notification. 29. ACCOM I NTINq BECQRDS DESIGN CONSULTANT shall maintain accurate records, including but not limited to accounting records, and other written documentation pertaining to all costs incurred in performance of this Agreement, Such records and documentation shall be kept at DESIGN CONSULTANT's office during the term of this Agreement, and for a: period of three years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 30. CQNFIDENIIALITY During the term of this Agreement, DESIGN CONSULTANT may have disclosed to it information of a legal and confidential nature, and such information could severely damage CITY if disclosed to outside parties. Except as otherwise required by low, when informed that information is confidential, DESIGN CONSULTANT will not disclose to any person, directly or indirectly, either during the term of this Agreement or at any time thereafter, any such information or use such information other than as necessary in the course of this Agreement. All documents DESIGN CONSULTANT prepares and confidential information given to DESIGN CONSULTANT under this Agreement are the exclusive property of the CIT'Y. Under no circumstances shall any such information or documents be removed from the CITY without the CITY's prior written consent. DESIGN CONSULTANT AGREEMENT SLOROJECTSiOn Cal CMWY1718 & FY1819CWWMrA Sefedh)n ProC0S90*9vnCwwAwtAqrwas UpdoW — March 0, 2016 -- Page 9 of 11 Pages — 06128117 CC AGENDA PACKET PG 394 31. TITLE IQ D_g_�;.MMENT All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by DESIGN CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 32'. TAX NUMBEg . DESIGN CONSULTANT's Federal Tax Identification No. DESIGN CONSULTANT is a corporation? Yes No (Please check one) 33. ATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 34. EXECURON. 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. 36, NEWS RELEASES,Z INTERVIEW -S. All news releases, media interviews, testimony at hearings and public comments relating to this Agreement by DESIGN CONSULTANT shall be prohibited unless authorized by the CITY. 36. RE CATION. All obligations, of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources, by the City Council. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written, "CITY" CITY OF BAKERSFI[ELD By; KAREN GOH, Mayor "DESIGN CONSULTANT" (COMPANY NAME) M Type or FrW Name� Title: DESIGN CONSULTANT AGREEMENT 8-1;F1: OJECTS14 n CaM QvdWy1718 & FY1819M1C wmMant SaWdlan ProcassM)a949n-Cor.W1W AVd4cX Upmed —march 9, 2015 — Page 10 of I I Pages — 06128117 CC AGENDA PACKET PG 395 APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: WICK FIDLER Public Forks Director APPROVED AS TO FORM: VIRGINIA GENNAR10 City Attorney By: (NAME & TITLE) Insurance: CO,UNTIIBSI NECG': By: NELSON SMITH Finance Director Attachments: Exhibit n "A" & "B" "! have received and reviewed the sample DESIGN CONSULTANT'S a AGREEMENT ENT CONTRACT" including the INDEMNITY clause which was seat to me with the City's RFQ, My signature below shall signify our firm's acceptance of said contract if our firm is selected for awarding a contract for the project as described in said FTC. This acceptance is made with the understanding that the "Compensation" and "Time for Completion" clauses will be modified to contain the amounts and dates established for this contract." Acknovuledgment. Line,, DESIGN CONSULTANT AGREEMENT S.11PFkK:JECTSX0n COM Cin A Y1718 R FY191 drmu a So4ectio n F' owssiGlesa %-C Agr.dou Upod'a* d .,Mamh,, g, 2015 — Page I I of 11 Pages 0612$117 CC AGENDA PACKET FCC 396 AECOM (BAKERSFIELD OFFICE) RATE SCHEDULE FOR ENGINEERING SERVICES Effective Term of 2-year Contract (2017-2018 andl 20118-2019) Engineers, planners, Architects, Scientists: Engineering Intern Assistant Associate Senior Principal Specialty Discipline (Structural, Electrical, Instrumentation, Process) Technical Support Staff: Clerical/General Office Drafter /CARD Operator Senior Designer /Design CADD Operator Resign /CARD Supervisor Direct Project Expenses k Jb r� $ 85.00 per hour $125.00 per hour $145.00 per hour $180.00 per hour $210.00 per hour $240.00 per hour $70.00 per hour $100.00 per hour $115.00 per hour $140.00 per hour Subcontracted or Subconsultant Services Cost 06128117 CC AGENDA PACKET PG 397 AGREEMENT NO. DESIGN CONSULTANT CONTRACT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a chartered City and municipal corporation, ( "CITY" herein), and MEYER CIVIL ENGINEERING, INC., a California corporation, ( "DESIGN CONSULTANT" herein). R E C I T A L S WHEREAS, DESIGN CONSULTANT represents, and, if a corporation or partnership all officers thereof, are licensed professionals in engineering, design, or similar professional areas, and holds a professional degree, or degrees, in same; and WHEREAS, DESIGN CONSULTANT acknowledges it is required and represents it does currently have errors and omissions insurance which will protect the City of Bakersfield in the event of professional errors or omissions by the DESIGN CONSULTANT; and WHEREAS, DESIGN CONSULTANT represents it is experienced in the field of design and specifically experienced in the field of civil engineering design and surveying; and WHEREAS, the CITY does not have expertise currently on staff to conduct civil engineering design and surveying for current and future public works projects of the City; and WHEREAS, DESIGN CONSULTANT has reviewed the CITY's project and is satisfied that the DESIGN CONSULTANT understands the requirements of said project; and WHEREAS, CITY has issued a Request for Qualifications, ( "RFQ" herein), which is attached as Exhibit "A" and incorporated herein by reference; and WHEREAS, DESIGN CONSULTANT has submitted a Statements of Qualifications ( "SOQ" herein) and a Schedule of Hourly Billing Rates in response to the CITY's RFQ, said SOQ and schedule are incorporated herein by reference, and said schedule is attached as Exhibit "B "; and WHEREAS, DESIGN CONSULTANT represents it is competent to undertake the project set forth in the CITY's Request for Qualifications; and WHEREAS, DESIGN CONSULTANT represents it has an adequate number of DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ OB843844- F137- 47A2- B46A- AD670A5545BD \PDFConvert. 8680.1 .Design- ConsultanLAgr- MCE.docx Updated — March 9, 2015 -- Page 1 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 398 properly licensed and experienced employees on its staff to accomplish the task set forth in this Agreement; and WHEREAS, the term DESIGN CONSULTANT as used herein includes all officers of any corporation executing this Agreement, NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and DESIGN CONSULTANT mutually agreed as follows: 1. SCOPE OF WORK. DESIGN CONSULTANT shall competently and thoroughly design the project set forth in CITY's RFQ. The general scope of work for on -call services is described as providing engineering and surveying services to the CITY as the CITY identifies specific projects for which the DESIGN CONSULTANT will provide said services during the CITY's Fiscal Year 2017 -2018 and Fiscal Year 2018 -2019. The scope of work shall include all items contained in CITY's RFQ, dated March 24, 2017; CITY's Request for Proposal for a specific project, which is yet to be prepared; and DESIGN CONSULTANT's Proposal prepared for a specific project, which is yet to be prepared. CITY's yet to be prepared Request for Proposal(s) and DESIGN CONSULTANT's yet to be prepared Proposal(s) are incorporated herein by reference as though fully set forth. DESIGN CONSULTANT's services shall include all the procedures necessary to properly complete the task DESIGN CONSULTANT has been called upon to perform, whether specifically included in the scope of work or not. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of payments in the amounts outlined in DESIGN CONSULTANT's Proposal(s) for specific projects; said payments shall be paid in accordance with the hourly rate schedule DESIGN CONSULTANT submitted with this SOQ. In no case shall the DESIGN CONSULTANT receive more than Three Hundred Thousand Dollars ($300,000.00) in aggregate total for all work performed under this agreement during the term of this Agreement as set forth in Clause 1. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. 3. TIME FOR COMPLETION. DESIGN CONSULTANT shall complete all assigned tasks as set forth in the CITY's Request for Proposal for a specific project. DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ OB843844- F137- 47A2- B46A- AD670A5545BD \PDFConvert. 8680.1 .Design- Consultant-Agr- MCE.docx Updated - March 9, 2015 -- Page 2 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 399 4. PAYMENT PROCEDURE. DESIGN CONSULTANT shall be compensated after receipt of an itemized invoice for the work completed and approved by the CITY in accordance with the terms of this Agreement. Payment by CITY to DESIGN CONSULTANT shall be made within thirty (30) days after receipt and approval by CITY of DESIGN CONSULTANT's itemized invoice; however, where required by the City of Bakersfield Municipal Code, the CITY will withhold a portion of DESIGN CONSULTANT's payment for the time period and purposes set forth therein. 5. STARTING WORK. DESIGN CONSULTANT shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by DESIGN CONSULTANT and CITY. 6. CONTRACT ADMINISTRATOR. The Contract Administrator for the CITY is: Name: Navdip Grewal, P.E City of Bakersfield 1600 Truxtun Avenue Bakersfield, California 93301 Telephone: (661) 326 -3361 DESIGN CONSULTANT's Project Manager shall be designated as: Richard D. Meyer Meyer Civil Engineering, Inc. 110 South Montclair Street, Suite 104 Bakersfield, CA 93309 Telephone: (661) 836 -9834 The Contract Administrator and the Project Manager shall be the primary contact persons for CITY and DESIGN CONSULTANT. It is expressly understood that only the CITY may approve modifications to the contract, and all such modifications must be in writing and approved by the appropriate procedures set forth in the Bakersfield Municipal Code. 7. KEY PERSONNEL. At request of CITY, DESIGN CONSULTANT shall name all key personnel to be assigned to the work set forth herein. All key personnel shall be properly licensed and experienced for the work to be performed under this Agreement. DESIGN CONSULTANT shall provide background for each of the key personnel including, without limitation, resumes and work experience in the type of work called for herein. CITY reserves the right to approve key personnel. Once the key personnel are approved DESIGN CONSULTANT shall not change such personnel without the written approval of CITY. DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ OB843844- F137- 47A2- B46A- AD670A5545BD \PDFConvert. 8680.1 .Design- Consultant-Agr- MCE.docx Updated - March 9, 2015 -- Page 3 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 400 8. DIRECTION. DESIGN CONSULTANT retains the right to control or direct the manner in which the services described herein are performed. 9. EQUIPMENT. DESIGN CONSULTANT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 10. CONFLICTS OF INTEREST. DESIGN CONSULTANT stipulates that corporately, or individually, the firm, its employees and subconsultants do not have, and in the future will not have, financial interest in either the success or failure of any project which is dependent upon the result of the work prepared pursuant to this Agreement or which may be constructed as a result of this Agreement. 10.1 If this Agreement involves the design of a project which is the subject of a Cooperative Agreement between CITY and the California Department of Transportation (CalTrans), DESIGN CONSULTANT stipulates that corporately, or individually, the firm, its employees and subconsultants are not currently, and in the future, will not be, employed by or under contract to any contractor who may be awarded the contract to construct the project. 11. NO CITY INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement, (California Government Code 1090). 12. ACCEPTANCE OF WORK. The acceptance of work or payment for work by CITY shall not constitute a waiver of any portion or any provision of this Agreement. 13. LICENSES. DESIGN CONSULTANT shall, at DESIGN CONSULTANT's sole cost and expense, have at the time of bidding or proposal submission and shall keep in full force and effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for DESIGN CONSULTANT to practice its profession in the State of California. DESIGN CONSULTANT, if a corporation or partnership, shall at the time of bid or proposal submission, submit proof satisfactory to CITY that all appropriate corporate officers or partners are properly licensed professionals and that all employees or subcontractors assigned to perform professional work on the project or task set forth in the Scope of Work are properly licensed. In any professional consulting firm, all key employees who are involved in providing advice to CITY shall have no less than a four year college degree in the appropriate field of study as determined by CITY. DESIGN CONSULTANT shall submit proof of same to CITY upon bid or proposal submission. 14. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ OB843844- F137- 47A2- B46A- AD670A5545BD \PDFConvert. 8680.1 .Design- ConsultanLAgr- MCE.docx Updated — March 9, 2015 -- Page 4 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 401 15. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 16. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. 17. TERM. Unless terminated sooner as set forth herein this Agreement shall terminate on June 30, 2019. 18. TERMINATION FOR CAUSE. If at any time CITY becomes dissatisfied with the performance of DESIGN CONSULTANT under this Agreement, CITY may terminate this Agreement on ten (10) days written notice. Written notice shall be given pursuant to the notices paragraph of this Agreement. 19. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD City Hall 1600 Truxtun Avenue Bakersfield, California, 93301 DESIGN CONSULTANT: MEYER CIVIL ENGINEERING, INC. 110 South Montclair Street, Suite 104 Bakersfield, CA 93309 20. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ OB843844- F137- 47A2- B46A- AD670A5545BD \PDFConvert. 8680.1 .Design- Consultant-Agr- MCE.docx Updated - March 9, 2015 -- Page 5 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 402 21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 22. MERGER AND MODIFICATION. This Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 23. COMPLIANCE WITH ALL LAWS. DESIGN CONSULTANT shall, at DESIGN CONSULTANT's sole cost, comply with all applicable requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. In the event of changes in such authority which require a material change in DESIGN CONSULTANT's scope of work or schedule, subject to mutual agreement, such changes shall be considered additional services. 24. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 25. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of DESIGN CONSULTANT as an independent contractor. DESIGN CONSULTANT is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with DESIGN CONSULTANT other than that of an independent contractor. DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ OB843844- F137- 47A2- B46A- AD670A5545BD \PDFConvert. 8680.1 .Design- ConsultanLAgr- MCE.docx Updated — March 9, 2015 -- Page 6 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 403 26. INDEMNITY. 26.1 Unless Section 26.2 applies to DESIGN CONSULTANT's performance of the Scope of Work, DESIGN CONSULTANT shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, arising from DESIGN CONSULTANT's negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by DESIGN CONSULTANT, DESIGN CONSULTANT's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 26.2 If the provisions of Civil Code Section 2782.8 are applicable to this Agreement, the DESIGN CONSULTANT shall indemnify, defend and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands, against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of DESIGN CONSULTANT. In the event the subject action alleges negligence on the part of the DESIGN CONSULTANT and /or CITY, or any third parties not under contract with DESIGN CONSULTANT, DESIGN CONSULTANT's obligations regarding CITY's defense under this paragraph include only the reimbursement of CITY's reasonable defense costs incurred to the extent of DESIGN CONSULTANT's negligence as expressly determined by a final judgement, arbitration, award, order, settlement, or other final resolution. DESIGN CONSULTANT shall not be responsible for warranties, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental or consequential damages to CITY or any third party arising out of breach of contract, termination, or for any other reason whatsoever. Additionally, DESIGN CONSULTANT shall not be responsible for acts and decisions of third parties, including governmental agencies, other than DESIGN CONSULTANT's subconsultants, that impact project completion and /or success. 27. INSURANCE. In addition to any other insurance or bond required under this Agreement, the DESIGN CONSULTANT shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements" herein): 27.1 Professional liability insurance, providing coverage on claims made basis for errors and omissions with limits of not less than One Million Dollars ($1,000,000) aggregate; and DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ OB843844- F137- 47A2- B46A- AD670A5545BD \PDFConvert. 8680.1 .Design- ConsultanLAgr- MCE.docx Updated — March 9, 2015 -- Page 7 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 404 27.2 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: 27.2.1 Provide coverage for owned, non -owned and hired autos. 27.3 Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 27.3.1 Provide contractual liability coverage for the terms of this Agreement. 27.3.2 Provide unlimited products and completed operations coverage. 27.3.3 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. 27.3.4 All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, DESIGN CONSULTANT may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self - Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 27.4 Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. 27.5 Except for professional liability, all policies required of the DESIGN CONSULTANT shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the DESIGN CONSULTANT's insurance and shall not contribute with it. DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ OB843844- F137- 47A2- B46A- AD670A5545BD \PDFConvert. 8680.1 .Design- Consultant-Agr- MCE.docx Updated - March 9, 2015 -- Page 8 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 405 27.6 Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 27.7 Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or reduction in coverage in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. 27.8 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 27.9 The DESIGN CONSULTANT shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. 27.10 Full compensation for all premiums which the DESIGN CONSULTANT is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 27.11 It is further understood and agreed by the DESIGN CONSULTANT that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the DESIGN CONSULTANT in connection with this Agreement. 27.12 Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for DESIGN CONSULTANT. 28. THIRD PARTY CLAIMS. In the case of public works contracts CITY will timely notify DESIGN CONSULTANT of third party claims relating to this contract. CITY shall be allowed to recover from DESIGN CONSULTANT, and DESIGN CONSULTANT shall pay on demand, all costs of notification. DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ OB843844- F137- 47A2- B46A- AD670A5545BD \PDFConvert. 8680.1 .Design- Consultant-Agr- MCE.docx Updated - March 9, 2015 -- Page 9 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 406 29. ACCOUNTING RECORDS. DESIGN CONSULTANT shall maintain accurate records, including but not limited to accounting records, and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at DESIGN CONSULTANT's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 30. CONFIDENTIALITY. During the term of this Agreement, DESIGN CONSULTANT may have disclosed to it information of a legal and confidential nature, and such information could severely damage CITY if disclosed to outside parties. Except as otherwise required by law, when informed that information is confidential, DESIGN CONSULTANT will not disclose to any person, directly or indirectly, either during the term of this Agreement or at any time thereafter, any such information or use such information other than as necessary in the course of this Agreement. All documents DESIGN CONSULTANT prepares and confidential information given to DESIGN CONSULTANT under this Agreement are the exclusive property of the CITY. Under no circumstances shall any such information or documents be removed from the CITY without the CITY's prior written consent. 31. STANDARD OF CARE. DESIGN CONSULTANT shall perform the services required hereunder in accordance with the prevailing engineering standard of care by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of California. 32. CITY - PROVIDED INFORMATION AND SERVICES. CITY shall furnish DESIGN CONSULTANT available studies, reports, and other data pertinent to DESIGN CONSULTANT's services; obtain or authorize DESIGN CONSULTANT to obtain or provide additional reports and data as required; furnish to DESIGN CONSULTANT services of others required for the performance of DESIGN CONSULTANT's services hereunder, and DESIGN CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing DESIGN CONSULTANT's services under this Agreement. 33. ACCESS. CITY shall arrange for access to and make all provisions for DESIGN CONSULTANT to enter upon public and private property as required for DESIGN CONSULTANT to perform services hereunder. 34. ESTIMATES AND PROJECTIONS. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, DESIGN CONSULTANT has no control over cost or price of labor and material, DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ OB843844- F137- 47A2- B46A- AD67OA5545BD \PDFConvert. 8680.1 .Design- ConsultanLAgr- MCE.docx Updated — March 9, 2015 -- Page 10 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 407 unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions, time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, DESIGN CONSULTANT makes no warranty that CITY's actual project costs, financial aspects, economic feasibility, or schedules will not vary from DESIGN CONSULTANT's opinions, analyses, projections, or estimates. 35. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by DESIGN CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 36. TAX NUMBERS. DESIGN CONSULTANT's Federal Tax Identification No. 26- 0060350. DESIGN CONSULTANT is a corporation? Yes X No (Please check one) 37. 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. 38. 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. 39. NEWS RELEASES /INTERVIEWS. All news releases, media interviews, testimony at hearings and public comments relating to this Agreement by DESIGN CONSULTANT shall be prohibited unless authorized by the CITY. 40. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ OB843844- F137- 47A2- B46A- AD670A5545BD \PDFConvert. 8680.1 .Design- Consultant-Agr- MCE.docx Updated - March 9, 2015 -- Page 11 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 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 CONTENT: PUBLIC WORKS DEPARTMENT NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney II Insurance: COUNTERSIGNED: By: NELSON SMITH Finance Director Attachments: Exhibit "A" & "B" "DESIGN CONSULTANT" MEYER CIVIL ENGINEERING, INC. By: RICHARD D. MEYER President DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp\ NVDC\ OB843844- F137- 47A2- B46A- AD670A5545BD \PDFConvert. 8680.1 .Design- Consultant-Agr- MCE.docx Updated - March 9, 2015 -- Page 12 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 409 March 24, 2017 Request for Qualifications (IRF'Q) On Call Clvll Engineering and Surveying Services for Non- F'e'derally Funded Capital Improvement Program Profits of the City of Bakersfield Fiscal Years 2017 -2018 and 2018 -2019 Bakersfield" California wishing Firms to be N m «. N for ,: project II ■ thoroughl w RFO. Information required to be provided in a Statement Of Qualifications (SOO) Is detailed in Section 8. Firms submitting a SOO must do so in accordance with the requirements of Section 9. As required by Section 12, a signed copy of the enclosed sample agreement must be submitted with an; SOO. - n r r -: Tz The City of Bakersfield (City) desires to enter into an agreement with one or more engineering firms which are able to provide the City with basic civil engineering and surveying 'services on an "on cal'" basis. The term of agreement shall' be for Fiscal Years 2017-2018 and 2018 -2019 (July 1, 2017 to ,aurae 0, 2019). Assignments will be mostly basic civil engineering design projects and surveying and are expected to begin with very short notice. (Projects will require general land surveying and/or general civil engineering service's. Typical services include research for surveying Information, land or topographic surveys, preparation of survey 'drawings, determination of the legal boundaries of a project, right of way assistance, design of suer and storm lift stations, design of storm drainage facilities, design of street improvements, 'design of traffic signals, etc. Civil engineering services will include the development of plans and specification's for more complicated projects. Project design shall meet all City requirements and conform to the City and Caltrans Standards. A majority of the City's capital improvement program projects are based on maintaining the City's existing infrastructure. Therefore, all elements of a project must be designed to provide a maximum useful life within the project's construction cost budget. Projects will be non - federally funded Capital Improvement Program Projects. For the purpose of this RFd, the term "Consultant" and "Firm' are interchangeable and refer to the qualified firm (s) hired to provide the services, For the purpose of this agreement, the following definitions shall apply; OWNER is the design Section of the Engineering Services Division of the Public Works Department and other Departments of the City of Bakersfield as applicable to assigned projects. PROPOSER is a firm which submits a Statement of Qualifications in response to this RFu . CONSULTANT is a firm hired by the CRY to provide the services described in this RFQ. LOCAL REGULATORY AGENCY refers to all Sections, divisions, and Departments of the City of Bakersfield and the County of kern that are charged with the review and approval of the ,project within the city limits. STATE REGULATORY AGENCY refers to all Mate of California agencies that might have jurisdiction over the project design and/or construction, FEDERAL REGULATORY AGENCY refers to all United States of America federal agencies that might have jurisdiction over the project design and/or construction. SECTION 2. PR19, -J'ECT ASSIGNMENT In the event that the City enters into contracts with more than one firm, assignment of projects may be based on the expertise of the firm as, presented in the SG1C'. 8cTROJEC"rsra"r caau 0AWY1 , a & FYa s1 sucan3ubnu, sewcfion Procew+A oar RFO urn Svy.docx 0612$117 CC AGENDA PACKET FAG 410 � 1 � RFQ — On Call Civil Engineering & Surveying The City will endeavor to evenly distribute projects, in regards to total compensation, between all the firms awarded an agreement. When a specific project is identified, the City will develop a scope of work statement and submit it with a Request for Fee Proposal (IFP) including any required completion dates. CONSULTANT shall then prepare a tee proposal in accordance with Section 3 of this RFQ and submit it to City for reviews and approval, Upon the City's acceptance of the proposal, a notice to proceed' wwill be issued. If the City and CONSULTANT are not able to agree upon a proposal for the project, or should the CONSULTANT not be ,able to complete the project within the time lines needed by the City, the City, will inform the CONSULTANT that their proposal is rejected. The City will them request a proposal from smother CONSULTANT. - ,] :L41,11 The City's agreements for these On Call Civil Engineering and Surveying Services will state that the CONSULTANTS shall not receive more than an aggregate total of $300,000 each for the team of this agreement, unless otherwise modified by amendment.. There will be no minimum payment in connection with this agreement. The City will request a fee proposal from the Consultant when a specific project is developed, The CONSULTANT shall submit a fee proposal based on the Scope of Work of the project. The fee proposal shall shown the anticipated number of hours for each person who will work on the project, their hourly billing rate and the total estimated l cost, including printing, materials and all other Incidental charges, if any. The fee proposal shall, unless otherwise instructed in the request for a fee proposals be structured as follows: Preliminary Phase fixed fee, not to exceed Design Phase fixed fee, not to exceed Bidding Phase time and mate-ials, not to exceed Construction Phase time and materials, not to exceed Request for payment of services shall be billed, with ar monthly itemized invoice, to the City in accordance with the rates in the firm's schedule of hourly billing rates which is submitted' in response to this RFQ. The invoice shall be accompanied with a monthly progress report itemized for the work completed in that period. The monthly progress report shall include a description of activities performed, an estimate of the percent of work completed, and a summary of any problems encountered. Payment will be made for work product that has been delivered to and accepted by the City. The crates on the schedule submitted in response to this RFQ (refer to Section S) shall be herd constant throughout the term of this agreement, No "cost of living" or other similar increases of the hourly rates will be allowed. CONSULTANT will be responsible for compensating their employees in accordance with all applicable labor laws and regulations.. rw CONSULTANT shall have a professional staff to provide all the services necessary for the project as defined in the specific project scope of work, CONSULTANT shall have the resources necessary to respond to a. call for services immediately, to be able to submit a proposal within five b) working days after receiving a RFP from the City, and to be ab4e to complete the project In a timely manner as shown on their project schedule submitted with their proposal. CONSULTANT will not be responsible for identification, handling, containment, abatement, or in any other respect, for any hazardous materials if such is present in connection with the project. s:PRoJecrrswon can CivanwFY1 rre s FYIBiawconsuanarn seen ruon \_ o3 RFQ ena Svy,docx 0612$117 CC A EN A PACKET FAG 411 R'PQ - On Call Civil Engineering & Surveying i. « - r CONSULTANT will not be responsible for the construction means, methods or sequencing. &ONSULTANT will net be responsible for job site safety. Based on the needs of the assigned project, CONSULTANT may be required to provide any or all of the following services: conduct field survey; prepare survey drawings, design studies and calculations; obtain record information from utility companies; prepare right-of-way certification; design improvements; prepare all necessary plans, specifications and cost estimates; respond to bidder's questions; make recommendations for awarding the construction contract and perform general consulting services during construction of required. Typical services shall include, but are not limited to, those presented below. The City will determine which services are applicable and are to be included in the project proposal. Not all of the projects will have a four -phase development. Services for a specific project may be limited to one particular phase. When the contracted work is accepted by the City, all completed reports, plains, drawings, documents, studies, calculations, computer files, photos, reproducible, recorded media, etc., used in the planning, research, and design of the project shall become the property of the City, including their copy rights and any inherited interests. 'l. Attend a Project Review Meeting with City staff to review the project and City procedures and standards.. 2. Based on legal' descriptions and adjacent tract maps, prepare a drawing of the project site boundaries. 3. Conduct an engineering survey for the project site and adjacent properties to obtain all topographic and right- of-way information necessary for the complete design of the project. Prepare base drawings for the project, including existing and proposed' utilities both above and underground, contact utility companies on behatf of the City, prepare right- of-way certification, and incorporating the design information of any adjacent proposed improvements into this survey. CONSULTANT shall verify and confirm any bench mark(s) or field book information before using them in their surveys,. 4. Prepare a preliminary design for the project. . Prepare a. Preliminary Construction Cost Estimate for the project based on the preliminary design.. The Preliminary Construction Cast Estimate shall be an itemized estimate, include all of the components necessary for the complete construction of the project. The Preliminary Construction Cost Estimate shall be in the same format as the City`s Sid Proposal form and shall only include appropriate City standard pay items, unless otherwise approved by the City.. 6. Submit the survey, preliminary design and the Preliminary Construction Cost Estimate to the City for review and comment. All survey information must be provided in hard copy and electronic format which can be integrated directly with existing information in the City's CAD system. 7. Attend a Project Status meeting with City staff to discuss the engineering services, surveying, and preliminary design, the Preliminary Construction Cost 'Estimate and the next phase of the work. DESIGN PHASE S. On behalf of the City, apply for and obtain all required approvals and permits from all governing public agencies for the construction of the project. 9. Assist City in applying for and obtaining utility services and /or relocation of existing utilities necessary for project to be constructed and functional. APROJECTSOn Call CivinlFY1718 8 u M1819\Con uftann Selection Pro 1 03 RFO ng Svy.doex 0612$117 CC A EN A PACKET FAG 412 !�' « rift r r 1 it. Based on the approved preliminary design and the approved Preliminary Construction Cost Estimate:, 'finalize the design and prepare Construction Plans, Specifications and Sid Documents (utilizing the State of California, Department of Transportation Standardl_ SpIcilic tip, 2015 edition, and the City of Bakersfield Special Provisions). The Construction Plans,. Specifications and Bid Documents small be adequate for obtaining construction bids in accordance with all applicable regulations and requirements of the Mate of California and the City of Bakersfield. Specifications for each project must be teased on the most current version of the City's boiler plate at the time the project is issued for bids. 11. Visit the project site to verify that design conforms to the actual and visible field conditions. 12. Prepare an Engineers Estimate of the Construction Cost based on the Construction Plans and Specifications. The Engineer's Estimate of the Construction Cost shall be in the same format as the City's Bid (Proposal Form and shall only include appropriate City Standard pay items, unless otherwise approved by the City. 13, Submit the Construction Plans, Specifications, Bid Documents and Engineers Estimate to the City for review and approval. 14. Attend a Project Status meeting with City staff to discuss the plans and the construction of the project. 15. Devise the Construction Plans, Specifications and Sid Documents and Engineer's Estimate as necessary based on the City's review comments and resubmit for approval. 16. Furnish to the City the originals of the approved Construction Plans, Specifications and laid Documents and Engineer's Estimate. All drawings must be provided in hard copy and electronic format which can be integrated directly with existing information in the City's CAD System, 17. All drawings produced for the Preliminary and Design. (Phase items of work shall be prepared on 22 inch by 34 inch media size. The original drawings small have a minimum letter height of 0.10 inch, so that when the drawings are reduced fifty percent, the lettering will l remain legible. [:flr]ir]IMMI:► 18. Respond to contractors' questions regarding the plans and' specifications. 19. Prepare modifications to the Plans and'lor Specifications as necessary to support City in preparing and' issuing addenda. CONSTRUCTIQN PHASE 20. Review and approve Contractors submission of product data and shop drawings as required. 21. Furnish general observation of construction work and on -site consulting service as required by the City. 22. Investigate proposed contract change orders and submit background information to the City for a decision, if justified, and prepare necessary drawings and documents for approval. 23. Assist in performing a final inspection service of the completed construction and prepare a list for the City, if necessary, of items to be corrected prior to accepting the project as constructed.. Regarding the CAD data submitted by the CONSULTANT, CONSULTANT shall not be (liable for claims, liability or losses arising out of, or connected with (1 ) the modifications or misuse by City, or anyone authorized by City, of such CAD, data, or (2) decline of accuracy or readability of CAD data due to inappropriate storage Conditions or duration; or (3) any use by City, or anyone authorized by City, of such CAD data for additions to this project, or fear the completion of this project by others, or for any other project, excepting only such use as is authorized, in writing, by CONSULTANT. APRO rECTSOn Cara C+ MY1718 & FYI819iConsaftant Selection Processl 03 RFgin Eng Svy.docx 0612$117 CC A EN A PACKET FAG 413 RFQ Can Call Civil Engineering & Surveying Page 5 of t Prragress reports as described in Section 3 are required with each submitted invoice. The CONSULTANT is required to provide all specific services and satisfy all the requirements for the project as specified in this RFQ, in subsequently issued RFP, and as necessary to complete the requirements of a specific project. r ; �► 1. The City will provide a general description of the project site, its location and boundaries, bench marks for surveying, and a concept plan, a plot plan, and /or design criteria as necessary for the project. The City will assist CONSULTANT to obtain right of entry to private properties for conducting necessary survey(s) or field inspections.. , The City will provide copies of City's records regarding available tract snaps and legal documents that establish the boundaries of the project site(s) and information about adjacent improvements. The City will provide copies of the available plans of the existing related improvements. It is not certain that record drawings for all existing improvements are available, and the City makes no warranty that that is the case. 3. The City will provide all services required to plan, supervise, monitor and finance the construction of the project, services for the environmental approval of the project except for those services to be ,provided by the engineering firm as set forth herein or specifically identified in the Request for Fee Proposal, 4. The City will furnish a construction manager who will make daily observation and inspection of construction to determine compliance with construction plans and specifications by the construction contractors in conjunction with and under the advisement of the engineering firm, S. The City will provide construction staking and construction material testing services„ if required, G. The City will provide and complete necessary contractor payment forms. SECTION 6. TIME, SCHEPVLE FOR ASSIGNED PIS CTS The CONSULTANT shall execute its work in a timely manner in order to complete its assignment within the schedule approved by the City, Failure to respond by completing scheduled work in a timely manner may result in no further project assignments or in termination of the agreement. SECTION" . CONSULTa4NrS TEAM This invitation to submit an SOQ is open only to, frms with staftd offices within the Bakersfield Metropolitan Area The w orlr sharp be performed by qualified staff`' that work in the local ef9l a and are familiar with the City's standards and requirements. The CONSULTANT's staff working on this project shell be qualified professional staff and shall have the necessary experience, expertise and licenses to complete the project design and satisfy all the requirements as described in this RFQ.. At a minimum, the CONSULTANT °s team shall include the following: 1. A qualified design professional acting as Project Manager to direct and oversee the CONSULTANT °s work on all phases of the assigned) projects; 2. A California registered civil engineer experienced in general civil engineering and who has extensive experience in designing comparable infrastructure f facilities; and 3. A California licensed land surveyor experienced in all aspects of surveying or a registered civil' engineer who is allowed by California state law to practice as a licensed land surveyor. s:Paeoue sw Carr CMAFYu raue s rXUS srcornsu leant Selection Pnx*ss\-03 es =o Eng Svy.docx 0612$117 CC A EN A PACKET FAG 414 RFQ _ On Call Civil Engineering & Surveying ..:.. r The City does not require nor expect that CONSULTA NT have subconsultants on their team to provide specialty services such as geotechnical engineering or landscape architecture, (Neither the inclusion nor exclusion of specialty service subconsultants in their team at time of submitting an SOQ will be considered in the evaluation of the firm, However, the PROPOSER's team must have appropriate staff to provide the basic civil engineering and Surveying services.) In the event that a specific project requires specialty services, the City will work with the CONSULTANT to secure those services either as a reimbursable expense through the an Call agreement or under a separate, agreement between the City and a firm providing the specialty service. rr �w All interested PROPOSER's shall submit a Statement of Qualifications (SOQ) which shall contain at a minimum the following information: 1. The completed General Information Sheet, (refer to Attachment RFQ -t' ), An officer of the PROPOSER must sign this document. . A statement of PROPOSER's management principles, procedures and how they will be applied to work performed under this agreement in regards to. a. Development of a project design schedule and adhering to that schedule; b. Establishment of a cooperative relationship with the City, any other consultants hired by the City and the City's construction contractor, and c. Complete and successful performance of all tasks assigned to the CONSULTANT. 3. Name and relevant experience of PROPOSER's principals who will be responsible for the project,. Name and relevant experience of PROPOSER's key personnel who will work on the project. . A list of all current projects, including the amount of PROPOSER's resources allocated to those projects and the completion date of PROPOSER's work at that level of allocation. A similar list shall be provided for each of PROPOSER's subconsultants, 5. A list of comparable projects on which PROPOSER has been involved during the past five years. The list should include at leant four different clients and should provide the following information for each project: a. Project title, location and description including size of the project; b. Nature of PROPOSER's responsibility; c. Start and end dates of PROPOSER's involvement in the project;. d. Dames of PROPOSER's key personnel involved in the 'project; e. Total dollar amount of PROPOSER's contract; f. Marne, address and phone number of the project owner; g. Name and address of PROPOSER's client if different from the project, owner; and h, Name and phone number of contact person at PROPOSER's client "s office. `. A statement of PROPOSER's approach in designing a project within the allocated' time schedule and project budget. Include examples of how this approach was proven effective in pant projects for the City or other governmental agencies. 8. A statement of PROPOSER's approach in designing a project to provide maximum useful life of the project. (Include examples of how this approach was proven effective in past projects for the City or other governmental agencies. g. A statement of why PROPOSER believes it should' be selected for this project. S.' OJECTSOn Cams Cis KFY1718 & FY1819% onsumtant seam Pr MR,, 03 RFO Eng Svy.docx 0612$117 CC A EN A PACKET FAG 41.E 10. A list of all subconsultaants that PROPOSER will be utilizing on this project, This list shall include the following information for each proposed subconsultanl: a. lame, address, and phone number for subconsultant`s office that will be performing work on the project', b. Name and relevant experience for subconsu'ltarnt 's key employees that will be working on this project; and c. Description of work that the subconsultant will perform on the project. If the PROPOSER has multiple offices and proposes to utilize staff from multiple offices for this project, then the following shall apply in regards to this listing of subconsultants: The office submitting an SOO for PROPOSER shall be considered the CONSULTANT. All other offices of PROPOSER shall be considered subconsultants and shall be included in the subconsultants listing.. 11. A list of PROPOSER's claims history since January 1, 2012: a. A list of all claims, demands for arbitration and/or law suits filed by PROPOSER predecessor companies or company officers against project owners or their agents. This list shall include the following information for each claim: Name of project owner; Project completion date; Basis for claim, Claim or suit amount; Current status; and Award or settlement amount. b. A fist of all claims, demands for arbitration and/or law suits filed by project owners„ their agents or subconsultants against PROPOSER, predecessor companies, its agents or bonding company in connection with PROPOSER, its officers, its agents or bonding company. This list shall include the following information for each claim:. Name of project owner; Project completion date; Basis for claim, Claim or suit amount; Current status; and Award or settlement amount. 12, A statement of PROPOSER 's current insurance coverage signed by a company official. P9 n submit a certificate of insurance in lieu of this statement, 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.. four (4) copies of the firm's SOO (refer to Section 8 of this RFQ),, including the MGeneral information Sheet" (Attachment RFQ-1 of this RFQ) signed by a company official and a statement of insurance coverage signed by a company official; one copy of the firm's schedule of hourly billing rates, in a sealed envelope labeled with the company's name and the words "'On Call Engineering and Surveying, Services, hourly billing S VROJ CTS\On Call Cwvwi'FY1718 & FYI 81MCOMUlUnt Selection Prot s\_03 RFQ Eng Svy^.d oex 0612$117 CC A EN A PACKET FAG 416 RFC — On Call Civil' Engineering & Surveying schedule"'. This rate schedule shall be valid for the duration of the agreement. All charges for materials, printing, computers, etc.,, ;shall be included in the hourly billing rates, and 01 one signed copy of the draft contract (refer to Section 12 of this RFQ and Attachment RFO- '), The above submittal items roust be placed into a sealed! envelope bearing PROPOSER's name and the words O'Statement of Qualifications for On-Call Civil Engineering and Surveying Services Bakersfield, California,." Before the date and time stated in the Notice to Design Firms, the submittal package must be delivered to,, Navdiip Grewal, Civil Engineer IV- Design Engineering Public Works Department, City of Bakersfield Second Floor, City Hall Annex 15011 Truxtun Avenue, Bakersfield, California, 93301. The City assumes no responsibility for non - receipt of submittal packages due to any delay, including, but not limited to, carrier delay. It is the PROPOSER's responsibility to meet the deadline stated above. Submittals which do not contain the requisite number of copies and all the information requested in the RFQ may be considered non- responsive and rejected without evaluation. Submittals received after the deadline or at the wrong location will be considered non - responsive. Fax and electronic copies will not be accepted. SECTION 10. SELECTION OF CONSULT NT PROPOSERS submitting a Statement of Qualifications (SQ,Q) for this project must provide in their submittal, veriffable evidence demonstrating that they have considerable current and past experience in providing; basic civil engineering services and surveying services as described in Sections 1 and 4 of this RFQ. The City will award a contract to one or more engineering firms after reviewing all the Statements of Qualifications (SQQ) submitted by interested firms. Primary selection process will be based on the City's evaluation of the firm's SOQ and the items listed below. Secondary consideration will be based on the City's evaluation of the consultant's schedule of hourly billing rates which shall not be opened until evaluation of SOQ scores and reference checks of all farms are completed and that the ranking of firms is in order. In no particular order, the following items shall be used for evaluation; 1. PROPOSER's ability to respond in timely manner, such as, submittal of a project proposal for a specific project; availability of the firm to start work on a speck project; and the time needed to complete the project. 2. PROPOSER's experience and past performance on comparable projects for the City and other governmental agencies. 3. PROPOSER's resources and its capability, to perform the required services within the required time frames. . Qualifications and experience of personnel PROPOSER anticipates assigning to City projects. Srl ROJ CTMn Cali CivrWY1718 & FYI 8MConsurtemt Selection ProoeSSL 3 RFQ Eing svy.docx 0612$117 CC A EN A PACKET FAG 417 I., a r .M. ' r b. PROPOSER's ability to understand the project requi RFQ — On Call Civil Engineering & Surveying The Consultant shall not be allowed to alter or negotiate contract language after the submittal of Consultant's Statement of Qualifications. 'Failure to execute the contract without alteration may result in the rejection of the Consultants proposal and the retaining of a different consultant by the City. At the time of contract execution, the Consultant will he required to provide evidence: of insurance coverage (Certificates of Insurance) as specified in the agreement. S CTION 13, CONTACTS AT T ll CITY O^ F BAKER FIELD All questions concerning the project, the submittal of a Statement of Qualifications, the City's review and evaluation of the 500 "s„ and the City's selection of a consultant for this project should be submitted in writing and directed to: Navdip Gre^wraal, Civil Engineer IV- Design Engineering Public Works Department, City of Bakersfield e-mail- ngrewat@bakersfieldcAy.us SECTION 14. ATTACHMENTS 12 TMIS EEO The following documents are attachments to this RFQ: Attachment RFCt -1 , "General Information Sheet" Attachment RFQ -2, "Sample D'esig'n Consultant Agreement" SAP'ROJ CTSkOn CAIN CMKFY1718 & F x"1819 COnsUuuant seWCUM P'rocess�_ 03 Fir Q Eng Svy.docx 0612$117 CC A EN A PACKET FAG 419 General Information Sheet Attachment RFQ-1 On Call Civil Engineering and Surveying Services for I" on -Fed Capital Improvement Program Projects of the City of Bakersfield Fiscal Years 2017-2018 and 2018-2019 Bakersfield, California Legal Name of Firm: Type of Organization: Individual, Partnership, or Corporation, If a corporation, state in which the firm is incorporated: Federal Employer I.D. Number: Name of Principal-In-Charge Title, License INumber Name of Project Manager Title, License Nurnber Signature of Officer of PROPOSER Title, Date SAPROJECTSOn, Call CivilIFY17118 & FYI 81%Conudlant Selection ProceSSL03 RIFF Erg Svy.docx 06128117 CC AGENDA PACKET PG 420 RFO-Attachment 2 AGREEMENT NO.— SAMPLE DESIGN CONSULTANT CONTRACT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a chartered City and municipal corporation, ("CITY" herein), and a ("DESIGN CONSULTANT" herein). R E C I T A L S WHEREAS, DESIGN CONSULTANT represents, and, if a corporation or partnership all officers thereof, are licensed professionals in engineering, design, or similar professional areas, and holds a professional degree, or degrees, in same; and WHEREAS, DESIGN CONSULTANT acknowledges it is required and represents it does currently have errors and omissions insurance which will protect the City of Bakersfield in the event of professional errors or omissions by the DESIGN CONSULTANT; and WHEREAS, DESIGN CONSULTANT represents it is experienced in the field of design and specifically experienced in the field of ; and WHEREAS, the CITY does not have expertise currently on staff to conduct - and WHEREAS, DESIGN CONSULTANT has reviewed the CITY's project and is satisfied that the DESIGN CONSULTANT understands the requirements of said project; and WHEREAS, CITY has issued a Request for Proposals, ("RFP" herein), which is attached as Exhibit "A" and incorporated herein by reference; and WHEREAS, DESIGN CONSULTANT has submitted a proposal in response to the CITY"s Request for Proposal, and said proposal is attached as Exhibit "B" and incorporated herein by referenced; and WHEREAS, DESIGN CONSULTANT represents it is competent to undertake the project set forth in the CITY's Request for Proposal; and DESIGN CONS1 it TANT AGREEMENT SAPpOJECTS%on W OVAFY1710 & FY1$1VC4nS~ Sa*djOn Pr0MSd0-*,t-C—MnLAW.d= UpdaWd — M*ch 9, 2016 — Page I of 11 Pages -- 06128117 CC AGENDA PACKET PG 421 WHEREAS, DESIGN CONSULTANT represents it has an adequate number of properly licensed and experienced employees on its staff to accomplish the task set forth in this Agreement; and WHEREAS, the term DESIGN CONSULTANT as used herein includes all officers of any corporation executing this Agreement, NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and DESIGN CONSULTANT mutually agreed as follows: 1. aCOPE OF WORK. DESIGN CONSULTANT shall competently and thoroughly design the project set forth in CITY's RFP and is generally described as follows: DESIGN CONSULTANT"s services shall include all the procedures necessary to properly complete the task DESIGN CONSULTANT has been called upon to perform, whether specifically included in the scope of work or not. F MOO Q2MPENSATION. Compensation for all work, services or products under this Agreement shall consist of a total payment of Dollars ($ ) which shall be paid as follows: . 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. 31. TIMI FOR COMPLETION. DESIGN CONSULTANT shall complete all assigned tasks set forth in the scope of work no later than (date) 4. PAYMENLf RQCEDURE. DESIGN CONSULTANT shall be compensated after receipt of an litemied invoice for the work completed and approved by the CITY in accordance with the terms of this Agreement. Payment by CITY to DESIGN CONSULTANT shall be made within thirty (30) days after receipt and approval by CITY of DESIGN CONSULTANT's itemized invoice; however, where required by the City of Bakersfield Municipal Code, the CITY will withhold a portion of DESIGN CONSULTANT's payment for the time period and purposes set forth therein. DESIGN CONSULTANT AGREEMENT SIPROJECIMOn W CWWY171,8 & FY181=om4w Se"on Prooess%DssWCor%uUrA AW,dbcx UPd6ftd — MaMh 9, 2,015 — Page 2 of 11 Pages — 06128117 CC AGENDA PACKET PG 422 I S. START1N_Q_WM. DESIGN CONSULTANT shall not begin work until authorized to do so in writing by CITY. No work MI be authorized until the contract has been fully executed by DESIGN CONSULTANT and CITY, 16. CONTRACT ADMINISTRATOR,. The Contract Administrator for the CITY is: Name: City of Bakersfield 1600 Truxtun, Avenue Bakersfield, California 93301 Telephone: (661) 32& DESIGN CONSULTANT's Project Manager shall be designated as: Telephone: (—) The Contract Administrator and the Project Manager shall be the primary contact persons for CITY and DESIGN CONSULTANT. It is expressly understood that only the CITY may approve modifications to the contract, and all such modifications must be in writing and approved by the appropiriiate procedures set forth in the Bakersfield Municipal Code. ,7. KFYtJR§QNNft At request of CITY, DESIGN CONSULTANT shall name all key personnel to be assigned to the work set forth herein, All key personnel shall be properly licensed and experienced for the work to be performed under this Agreement. DESIGN CONSULTANT shall provide background for each of the key personnel including, without limitation, resumes and work experience in the type of work called for herein. CITY reserves the right to approve key personnel. Once the key personnel are approved DESIGN CONSULTANT shall not change such personnel without the written approval of CITY. R. Q11gCTION. DESIGN CONSULTANT retains the right to control or direct the manner in which the services describedi herein are performed. 9. EQUIPMENT. DESIGN CONSULTANT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 10. CONFLICTS OF IN�TERUT. DESIGN CONSULTANT stipulates that corporately, or individually, the firm, its employees and subconsultants do not have, and in the future will not have, financial interest in either the success or failure of DESIGN CONSULTANT AGREEMENT $7%Pft0J6C'tS*n Co CWWY171 0 & FY181 monswum Selecoom Prooessoew4rWAmufto AW.dD= IUP"ed - MaMh k 2015 — Page 3 of 11 Pages 06128117 CC AGENDA PACKET PG 423 any project which, is dependent upon the result of the work prepared pursuant to this Agreement or which may be constructed as a result of this Agreement. 10.1 If this Agreement involves the design of a project which is the subject of a Cooperative Agreement between CITY and the California Department of Transportation (CalTrans), DESIGN CONSULTANT stipulates that corporately, or individually, the firm, its employees and subconsultonts are not currently, and in the future, will not be, employed by or under contract to any contractor who may be awarded the contract to construct the project. 111. NO, CITY INTERE . No officer or employee of the CITY shall hold any interest in this Agreement, (California Government Code 1090). 12. & CE QF WQRK. The acceptance of work or payment for work by CITY shall, not constitute a waiver of any portion, or any provision of this Agreement. 13. LICEN51S. DESIGN CONSULTANT shall, at DESIGN CONSULTANT's sole cost and expense, have at the time of bidding or proposal submission and shall keep in full force and effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for DESIGN CONSULTANT to practice its profession in the State of California. DESIGN CONSULTANT, if a corporation or partnership, shall at the time of bid or proposal submission, submit proof satisfactory to CITY that all appropriate corporate officers or partners are properly licensed professionals and that all employees or subcontractors assigned to perform professional work on the project or task set forth in the Scope of Work are property licensed. In any professional consulting firm, all key employees who are involved in providing advice to CITY shall have no less than a four year college degree in the appropriate field of study as determined by CITY. DESIGN CONSULTANT shall submit proof of same to CITY upon bid or proposal submission. 14. NQ AAJVER QF DEFAIJ LI. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's, right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 15. GP_ VEBN_ING- LA . The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 16, EURTRER SSURAbICES. 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. DEMN CONSULTANT AGREEMENT SAPROJECTSOn, Cali CivMY1 718 & FYI 81 =OrMAXII Sdftdion Pr00kMW"Qn-Canu&ar4AW d= UpdaWd — March 9� 20115 — Page 4 of 11 Pages — 06128117 CC AGENDA PACKET PG 424 17. IM. Unless terminated sooner asset forth herein this Agreement shall terminate on (date). IS., TERMINATION FOR CAUSE It at any time CITY becomes, dissatisfied with the performance of IDESIGN CONSULTANT under this Agreement, CITY may terminate this Agreement on ten (10) days written notice. Written notice, shall be given pursuant to the notices paragraph of this Agreement. 19. N911C_F M All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD City Hall 1600 Truxtun Avenue Bakersfield, California, 93301 DESIGN CONSULTANT: 20. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (inclluding, but not limited to, accoun�ts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties,. 21. j1tjQjtjG _EfFE�C . The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 22. MIRGIR AND MQD1F1CAjjQN. This Agreement sets forth the entire DESIGN CONSULTANT AGMEMENT S'"OJECT$On W CMAM 718 & FY18i 9RC0n8UXM$@kw1ion Prco@s5WesVn-00rft%* KAQr.d= tWMd — Match 9. 2015 -- Page 5 of I I Pages — 06128117 CC AGENDA PACKET PG 425 Agreement between the parties and supersedes will other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all f he parties. 23. ITH ALL M$ DESIGN CONSULTANT shall, at DESIGN CONSULTANT's sole cost, comply with all applicable requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or groviingi, 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 51.02) where required. In the event of changes in such authority which require a material change in DESIGN CONSULTANT's scope of work or schedule, subject to mutual agreement, such changes shall be considered additional services. 24. MPLIANCE. 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 on unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10 164 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. 26. INDEPENDENT ACT R,, This Agreement calls for the performance of the services of DESIGN CONSULTANT as an independent contractor. DESIGN CONSULTANT is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with DESIGN CONSULTANT other than that of an independent contractor. LIM 1't 0 26.1 DESIGN CONSULTANT shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and oil liability, claims, actions, causes of action or demands whatsoever against them, allsing! from DESIGN CONSULTANT's negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by DEMN CONSUITANT AGREEWNT S NPROJECTSft Cidl Cw1WY171S & FY181 Mw4wftart Sajectoon AW.db0x UpdaWd — MWch 9, 2015 -- Page 6 of 11 Pages — 06128117 CC AGENDA PACKET PG 426 DESIGN CONSULTANT, DESIGN CONSULTANT's employees, agents, independent cpntroctors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 26.2 If the provisions of Civil Code Section 2782.8 are applicable to this Agreement, the DESIGN CONSULTANT shall indemnify, defend and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands, against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness, or Willful misconduct of DESIGN CONSULTANT. 27. INJURANCE. In addition to any other insurance or bond required Iunder this Agreement, the DESIGN CONSULTANT shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance, requirements" herein): 27.1 erojessional Ilabillay insurance, providing coverage on claims made basis for errors and omissions with limits of not less than One Million Dollars ($1,000,0010) aggregate; and 0 0 lots 27.2.1 Provide coverage for owned, non-owned and hlrell-I autos. I 27.3 lrggd form commerclal eneral IlablUty insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 27.3.1 Provide contractual liability coverage for the terms of this Agreement. 27.3.2 Provide unlimited products and completed operatio coverage. I 27.3.3 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees DESIGN CONSULTANT AGREEMENT SAPROJEC TSVOA CM CWITY1 7%& FYI819C4XwRant SOWCOM PMC"S0*$*W*,C0MLAVt Aar d= updaw — 19, 2016 — Page 7 of 11 Pages 06128117 CC AGENDA PACKET PG 427 and designated volunteers. 27.3.4 All policies shall be written on a first-dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, DESIGN CONSULTANT may utilize a Self-Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self-insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 27.4 Workers' com2en__S9M2n Insurance with statutory limits and employers liability insurance with limits of not less than One Million Dollars ($ 1,000,000) per occurrence; and the policy shall contain, a waiver of subrogarlon in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. 27.5 Except for professional liability, all policies required of the DESIGN CONSULTANT shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the DESIGN CONSULTANT's insurance and shall not contribute with it. 27.6 Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY"s Risk Manager, but in no event less than A-:Vll. Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's, A-:Vll, must be declared prior to execution of this Agreement and approved by the CITY in writing. 27'.7 Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall Ibe delivered to CITY on demand. 27.8 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 27.9 The DESIGN CONSULTANT shall furnish the City Risk Manager with a certificate of Insurance and required endorsements evidencing the insurance DESIGN CONSULTANT AGREEMENT SOROJECTSOn CaN CMAFY1718 & FY181WcnsuftM So*ctk)o Prmssoesicp4wwmim Agr.d= Updated —March 9, 2015 -- Page 8 of 11 Pages — 06128117 CC AGENDA PACKET PG 428 required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. 27.10 Full compensation for all premiums which the DESIGN CONSULTANT is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 27.11 It is further understood and agreed by the DESIGN CONSULTANT that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the DESIGN CONSULTANT in connection with this Agreement. 27.12 Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for DESIGN CONSULTANT. 28. IKIRD PARTY CLAIMa. In the case of public works contracts CITY will timely notify DESIGN CONSULTANT of third party claims relating to this contract. CITY shall be allowed to recover from DESIGN CONSULTANT, and DESIGN CONSULTANT shall pay on demand, all costs of notification. 29. ACCOM I NTINq BECQRDS DESIGN CONSULTANT shall maintain accurate records, including but not limited to accounting records, and other written documentation pertaining to all costs incurred in performance of this Agreement, Such records and documentation shall be kept at DESIGN CONSULTANT's office during the term of this Agreement, and for a: period of three years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 30. CQNFIDENIIALITY During the term of this Agreement, DESIGN CONSULTANT may have disclosed to it information of a legal and confidential nature, and such information could severely damage CITY if disclosed to outside parties. Except as otherwise required by low, when informed that information is confidential, DESIGN CONSULTANT will not disclose to any person, directly or indirectly, either during the term of this Agreement or at any time thereafter, any such information or use such information other than as necessary in the course of this Agreement. All documents DESIGN CONSULTANT prepares and confidential information given to DESIGN CONSULTANT under this Agreement are the exclusive property of the CIT'Y. Under no circumstances shall any such information or documents be removed from the CITY without the CITY's prior written consent. DESIGN CONSULTANT AGREEMENT SLOROJECTSiOn Cal CMWY1718 & FY1819CWWMrA Sefedh)n ProC0S90*9vnCwwAwtAqrwas UpdoW — March 0, 2016 -- Page 9 of 11 Pages — 06128117 CC AGENDA PACKET PG 429 31. TITLE IQ D_g_�;.MMENT All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by DESIGN CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 32'. TAX NUMBEg . DESIGN CONSULTANT's Federal Tax Identification No. DESIGN CONSULTANT is a corporation? Yes No (Please check one) 33. ATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 34. EXECURON. 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. 36, NEWS RELEASES,Z INTERVIEW -S. All news releases, media interviews, testimony at hearings and public comments relating to this Agreement by DESIGN CONSULTANT shall be prohibited unless authorized by the CITY. 36. RE CATION. All obligations, of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources, by the City Council. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written, "CITY" CITY OF BAKERSFI[ELD By; KAREN GOH, Mayor "DESIGN CONSULTANT" (COMPANY NAME) M Type or FrW Name� Title: DESIGN CONSULTANT AGREEMENT 8-1;F1: OJECTS14 n CaM QvdWy1718 & FY1819M1C wmMant SaWdlan ProcassM)a949n-Cor.W1W AVd4cX Upmed —march 9, 2015 — Page 10 of I I Pages — 06128117 CC AGENDA PACKET PG 430 APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: WICK FIDLER Public Forks Director APPROVED AS TO FORM: VIRGINIA GENNAR10 City Attorney By: (NAME & TITLE) Insurance: CO,UNTIIBSI NECG': By: NELSON SMITH Finance Director Attachments: Exhibit n "A" & "B" "! have received and reviewed the sample DESIGN CONSULTANT'S a AGREEMENT ENT CONTRACT" including the INDEMNITY clause which was seat to me with the City's RFQ, My signature below shall signify our firm's acceptance of said contract if our firm is selected for awarding a contract for the project as described in said FTC. This acceptance is made with the understanding that the "Compensation" and "Time for Completion" clauses will be modified to contain the amounts and dates established for this contract." Acknovuledgment. Line,, DESIGN CONSULTANT AGREEMENT S.11PFkK:JECTSX0n COM Cin A Y1718 R FY191 drmu a So4ectio n F' owssiGlesa %-C Agr.dou Upod'a* d .,Mamh,, g, 2015 — Page I I of 11 Pages 0612$117 CC AGENDA PACKET FCC 431 0 Personnel Meyer Civil Engineering, Inc. Rate Sheet (Prevailing Wages for Surveying & Inspection) Effective April 14, 2017 Senior Civil Engineer / Senior Surveyor Civil Engineer / Licensed Surveyor (office) Prev. Wage Group 2 Construction Inspector One Man Survey (field assignment) (One Chief of Party Paid Prevailing Wage) Two Man Survey Crew (One Chief of Party & One Instrument Man Paid Prevailing Wage) Associate Engineer Drafter Administrative Assistant Eguipmerit & Materials Mew Computer Mileage Materials and Copies Required for the Execution of the Work Rate $135.00 per hour $140.00 per hour REUM 9 $ 102.00 per hour $ 75.00 per hour (included in above rates) $ 0.65 per mile (cost plus 10%) 06128117 CC AGENDA PACKET PG 432 AGREEMENT NO. DESIGN CONSULTANT CONTRACT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a chartered City and municipal corporation, ( "CITY" herein), and RUETTGERS & SCHULER CIVIL ENGINEERS, a partnership, ( "DESIGN CONSULTANT" herein). R E C I T A L S WHEREAS, DESIGN CONSULTANT represents, and, if a corporation or partnership all officers thereof, are licensed professionals in engineering, design, or similar professional areas, and holds a professional degree, or degrees, in same; and WHEREAS, DESIGN CONSULTANT acknowledges it is required and represents it does currently have errors and omissions insurance which will protect the City of Bakersfield in the event of professional errors or omissions by the DESIGN CONSULTANT; and WHEREAS, DESIGN CONSULTANT represents it is experienced in the field of design and specifically experienced in the field of civil engineering design and surveying; and WHEREAS, the CITY does not have expertise currently on staff to conduct civil engineering design and surveying for current and future public works projects of the City; and WHEREAS, DESIGN CONSULTANT has reviewed the CITY's project and is satisfied that the DESIGN CONSULTANT understands the requirements of said project; and WHEREAS, CITY has issued a Request for Qualifications, ( "RFQ" herein), which is attached as Exhibit "A" and incorporated herein by reference; and WHEREAS, DESIGN CONSULTANT has submitted a Statements of Qualifications ( "SOQ" herein) and a Schedule of Hourly Billing Rates in response to the CITY's RFQ, said SOQ and schedule are incorporated herein by reference, and said schedule is attached as Exhibit "B "; and WHEREAS, DESIGN CONSULTANT represents it is competent to undertake the project set forth in the CITY's Request for Qualifications; and DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \5086ED27 -F1F8- 4746- B9F5- 40BE844E5607 \PDFConvert. 8681.1 .Design- Consultant_Agr- R_S.docx Updated — March 9, 2015 -- Page 1 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 433 WHEREAS, DESIGN CONSULTANT represents it has an adequate number of properly licensed and experienced employees on its staff to accomplish the task set forth in this Agreement; and WHEREAS, the term DESIGN CONSULTANT as used herein includes all officers of any corporation executing this Agreement, NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and DESIGN CONSULTANT mutually agreed as follows: 1. SCOPE OF WORK. DESIGN CONSULTANT shall competently and thoroughly design the project set forth in CITY's RFQ. The general scope of work for on -call services is described as providing engineering and surveying services to the CITY as the CITY identifies specific projects for which the DESIGN CONSULTANT will provide said services during the CITY's Fiscal Year 2017 -2018 and Fiscal Year 2018 -2019. The scope of work shall include all items contained in CITY's RFQ, dated March 24, 2017; CITY's Request for Proposal for a specific project, which is yet to be prepared; and DESIGN CONSULTANT's Proposal prepared for a specific project, which is yet to be prepared. CITY's yet to be prepared Request for Proposal(s) and DESIGN CONSULTANT's yet to be prepared Proposal(s) are incorporated herein by reference as though fully set forth. DESIGN CONSULTANT's services shall include all the procedures necessary to properly complete the task DESIGN CONSULTANT has been called upon to perform, whether specifically included in the scope of work or not. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of payments in the amounts outlined in DESIGN CONSULTANT's Proposal(s) for specific projects; said payments shall be paid in accordance with the hourly rate schedule DESIGN CONSULTANT submitted with this SOQ. In no case shall the DESIGN CONSULTANT receive more than Three Hundred Thousand Dollars ($300,000.00) in aggregate total for all work performed under this agreement during the term of this Agreement as set forth in Clause 1. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. 3. TIME FOR COMPLETION. DESIGN CONSULTANT shall complete all assigned tasks as set forth in the CITY's Request for Proposal for a specific project. DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \5086ED27 -F1F8- 4746- B9F5- 40BE844E5607 \PDFConvert. 8681.1 .Design- Consultant_Agr- R_S.docx Updated — March 9, 2015 -- Page 2 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 434 4. PAYMENT PROCEDURE. DESIGN CONSULTANT shall be compensated after receipt of an itemized invoice for the work completed and approved by the CITY in accordance with the terms of this Agreement. Payment by CITY to DESIGN CONSULTANT shall be made within thirty (30) days after receipt and approval by CITY of DESIGN CONSULTANT's itemized invoice; however, where required by the City of Bakersfield Municipal Code, the CITY will withhold a portion of DESIGN CONSULTANT's payment for the time period and purposes set forth therein. 5. STARTING WORK. DESIGN CONSULTANT shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by DESIGN CONSULTANT and CITY. 6. CONTRACT ADMINISTRATOR. The Contract Administrator for the CITY is: Name: Navdip Grewal, P.E City of Bakersfield 1600 Truxtun Avenue Bakersfield, California 93301 Telephone: (661) 326 -3361 DESIGN CONSULTANT's Project Manager shall be designated as: Ian J. Parks Ruettgers & Schuler Civil Engineers 1800 30th Street, Suite 260 Bakersfield, CA 93301 Telephone: (661) 327 -1 969 The Contract Administrator and the Project Manager shall be the primary contact persons for CITY and DESIGN CONSULTANT. It is expressly understood that only the CITY may approve modifications to the contract, and all such modifications must be in writing and approved by the appropriate procedures set forth in the Bakersfield Municipal Code. 7. KEY PERSONNEL. At request of CITY, DESIGN CONSULTANT shall name all key personnel to be assigned to the work set forth herein. All key personnel shall be properly licensed and experienced for the work to be performed under this Agreement. DESIGN CONSULTANT shall provide background for each of the key personnel including, without limitation, resumes and work experience in the type of work called for herein. CITY reserves the right to approve key personnel. Once the key personnel are approved DESIGN CONSULTANT shall not change such personnel without the written approval of CITY. DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \5086ED27 -F1F8- 4746- B9F5- 40BE844E5607 \PDFConvert. 8681.1 .Design- Consultant_Agr- R_S.docx Updated — March 9, 2015 -- Page 3 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 4.3.E 8. DIRECTION. DESIGN CONSULTANT retains the right to control or direct the manner in which the services described herein are performed. 9. EQUIPMENT. DESIGN CONSULTANT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 10. CONFLICTS OF INTEREST. DESIGN CONSULTANT stipulates that corporately, or individually, the firm, its employees and subconsultants do not have, and in the future will not have, financial interest in either the success or failure of any project which is dependent upon the result of the work prepared pursuant to this Agreement or which may be constructed as a result of this Agreement. 10.1 If this Agreement involves the design of a project which is the subject of a Cooperative Agreement between CITY and the California Department of Transportation (CalTrans), DESIGN CONSULTANT stipulates that corporately, or individually, the firm, its employees and subconsultants are not currently, and in the future, will not be, employed by or under contract to any contractor who may be awarded the contract to construct the project. 11. NO CITY INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement, (California Government Code 1090). 12. ACCEPTANCE OF WORK. The acceptance of work or payment for work by CITY shall not constitute a waiver of any portion or any provision of this Agreement. 13. LICENSES. DESIGN CONSULTANT shall, at DESIGN CONSULTANT's sole cost and expense, have at the time of bidding or proposal submission and shall keep in full force and effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for DESIGN CONSULTANT to practice its profession in the State of California. DESIGN CONSULTANT, if a corporation or partnership, shall at the time of bid or proposal submission, submit proof satisfactory to CITY that all appropriate corporate officers or partners are properly licensed professionals and that all employees or subcontractors assigned to perform professional work on the project or task set forth in the Scope of Work are properly licensed. In any professional consulting firm, all key employees who are involved in providing advice to CITY shall have no less than a four year college degree in the appropriate field of study as determined by CITY. DESIGN CONSULTANT shall submit proof of same to CITY upon bid or proposal submission. 14. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \5086ED27 -F1F8- 4746- B9F5- 40BE844E5607 \PDFConvert. 8681.1 .Design- Consultant_Agr- R_S.docx Updated — March 9, 2015 -- Page 4 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 436 15. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 16. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. 17. TERM. Unless terminated sooner as set forth herein this Agreement shall terminate on June 30, 2019. 18. TERMINATION FOR CAUSE. If at any time CITY becomes dissatisfied with the performance of DESIGN CONSULTANT under this Agreement, CITY may terminate this Agreement on ten (10) days written notice. Written notice shall be given pursuant to the notices paragraph of this Agreement. 19. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD City Hall 1600 Truxtun Avenue Bakersfield, California, 93301 DESIGN CONSULTANT: RUETTGERS & SCHULER CIVIL ENGINEERS 1800 301h Street, Suite 260 Bakersfield, CA 93301 20. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \5086ED27 -F1F8- 4746- B9F5- 40BE844E5607 \PDFConvert. 8681.1 .Design- Consultant_Agr- R_S.docx Updated — March 9, 2015 -- Page 5 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 437 21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 22. MERGER AND MODIFICATION. This Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 23. COMPLIANCE WITH ALL LAWS. DESIGN CONSULTANT shall, at DESIGN CONSULTANT's sole cost, comply with all applicable requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. In the event of changes in such authority which require a material change in DESIGN CONSULTANT's scope of work or schedule, subject to mutual agreement, such changes shall be considered additional services. 24. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 25. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of DESIGN CONSULTANT as an independent contractor. DESIGN CONSULTANT is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with DESIGN CONSULTANT other than that of an independent contractor. DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \5086ED27 -F1F8- 4746- B9F5- 40BE844E5607 \PDFConvert. 8681.1 .Design- Consultant_Agr- R_S.docx Updated — March 9, 2015 -- Page 6 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 438 26. INDEMNITY. 26.1 Unless Section 26.2 applies to DESIGN CONSULTANT's performance of the Scope of Work, DESIGN CONSULTANT shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, arising from DESIGN CONSULTANT's negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by DESIGN CONSULTANT, DESIGN CONSULTANT's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 26.2 If the provisions of Civil Code Section 2782.8 are applicable to this Agreement, the DESIGN CONSULTANT shall indemnify, defend and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands, against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of DESIGN CONSULTANT. In the event the subject action alleges negligence on the part of the DESIGN CONSULTANT and /or CITY, or any third parties not under contract with DESIGN CONSULTANT, DESIGN CONSULTANT's obligations regarding CITY's defense under this paragraph include only the reimbursement of CITY's reasonable defense costs incurred to the extent of DESIGN CONSULTANT's negligence as expressly determined by a final judgement, arbitration, award, order, settlement, or other final resolution. DESIGN CONSULTANT shall not be responsible for warranties, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic, incidental or consequential damages to CITY or any third party arising out of breach of contract, termination, or for any other reason whatsoever. Additionally, DESIGN CONSULTANT shall not be responsible for acts and decisions of third parties, including governmental agencies, other than DESIGN CONSULTANT's subconsultants, that impact project completion and /or success. 27. INSURANCE. In addition to any other insurance or bond required under this Agreement, the DESIGN CONSULTANT shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements" herein): 27.1 Professional liability insurance, providing coverage on claims made basis for errors and omissions with limits of not less than One Million Dollars ($1,000,000) aggregate; and DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \5086ED27 -F1F8- 4746- B9F5- 40BE844E5607 \PDFConvert. 8681.1 .Design- Consultant_Agr- R_S.docx Updated — March 9, 2015 -- Page 7 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 439 27.2 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: 27.2.1 Provide coverage for owned, non -owned and hired autos. 27.3 Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 27.3.1 Provide contractual liability coverage for the terms of this Agreement. 27.3.2 Provide unlimited products and completed operations coverage. 27.3.3 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. 27.3.4 All policies shall be written on a first - dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, DESIGN CONSULTANT may utilize a Self- Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self - Insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 27.4 Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. 27.5 Except for professional liability, all policies required of the DESIGN CONSULTANT shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the DESIGN CONSULTANT's insurance and shall not contribute with it. DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \5086ED27 -F1F8- 4746- B9F5- 40BE844E5607 \PDFConvert. 8681.1 .Design- Consultant_Agr- R_S.docx Updated — March 9, 2015 -- Page 8 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 440 27.6 Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 27.7 Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or reduction in coverage in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. 27.8 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 27.9 The DESIGN CONSULTANT shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. 27.10 Full compensation for all premiums which the DESIGN CONSULTANT is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 27.11 It is further understood and agreed by the DESIGN CONSULTANT that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the DESIGN CONSULTANT in connection with this Agreement. 27.12 Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for DESIGN CONSULTANT. 28. THIRD PARTY CLAIMS. In the case of public works contracts CITY will timely notify DESIGN CONSULTANT of third party claims relating to this contract. CITY shall be allowed to recover from DESIGN CONSULTANT, and DESIGN CONSULTANT shall pay on demand, all costs of notification. DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \5086ED27 -F1F8- 4746- B9F5- 40BE844E5607 \PDFConvert. 8681.1 .Design- Consultant_Agr- R_S.docx Updated — March 9, 2015 -- Page 9 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 441 29. ACCOUNTING RECORDS. DESIGN CONSULTANT shall maintain accurate records, including but not limited to accounting records, and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at DESIGN CONSULTANT's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 30. CONFIDENTIALITY. During the term of this Agreement, DESIGN CONSULTANT may have disclosed to it information of a legal and confidential nature, and such information could severely damage CITY if disclosed to outside parties. Except as otherwise required by law, when informed that information is confidential, DESIGN CONSULTANT will not disclose to any person, directly or indirectly, either during the term of this Agreement or at any time thereafter, any such information or use such information other than as necessary in the course of this Agreement. All documents DESIGN CONSULTANT prepares and confidential information given to DESIGN CONSULTANT under this Agreement are the exclusive property of the CITY. Under no circumstances shall any such information or documents be removed from the CITY without the CITY's prior written consent. 31. STANDARD OF CARE. DESIGN CONSULTANT shall perform the services required hereunder in accordance with the prevailing engineering standard of care by exercising the skill and ability ordinarily required of engineers performing the same or similar services, under the same or similar circumstances, in the State of California. 32. CITY - PROVIDED INFORMATION AND SERVICES. CITY shall furnish DESIGN CONSULTANT available studies, reports, and other data pertinent to DESIGN CONSULTANT's services; obtain or authorize DESIGN CONSULTANT to obtain or provide additional reports and data as required; furnish to DESIGN CONSULTANT services of others required for the performance of DESIGN CONSULTANT's services hereunder, and DESIGN CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing DESIGN CONSULTANT's services under this Agreement. 33. ACCESS. CITY shall arrange for access to and make all provisions for DESIGN CONSULTANT to enter upon public and private property as required for DESIGN CONSULTANT to perform services hereunder. 34. ESTIMATES AND PROJECTIONS. In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, DESIGN CONSULTANT has no control over cost or price of labor and material, DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \5086ED27 -F1F8- 4746- B9F5- 40BE844E5607 \PDFConvert. 8681.1 .Design- Consultant_Agr- R_S.docx Updated — March 9, 2015 -- Page 10 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 442 unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions, time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, DESIGN CONSULTANT makes no warranty that CITY's actual project costs, financial aspects, economic feasibility, or schedules will not vary from DESIGN CONSULTANT's opinions, analyses, projections, or estimates. 35. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by DESIGN CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 36. TAX NUMBERS. DESIGN CONSULTANT's Federal Tax Identification No. 77- 0473074. DESIGN CONSULTANT is a corporation? Yes No X (Please check one) 37. 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. 38. 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. 39. NEWS RELEASES /INTERVIEWS. All news releases, media interviews, testimony at hearings and public comments relating to this Agreement by DESIGN CONSULTANT shall be prohibited unless authorized by the CITY. 40. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \5086ED27 -F1F8- 4746- B9F5- 40BE844E5607 \PDFConvert. 8681.1 .Design- Consultant_Agr- R_S.docx Updated — March 9, 2015 -- Page 11 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 443 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 CONTENT: PUBLIC WORKS DEPARTMENT NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney II Insurance: COUNTERSIGNED: By: NELSON SMITH Finance Director Attachments: Exhibit "A" & "B" "DESIGN CONSULTANT" RUETTGERS & SCHULER CIVIL ENGINEERS By: IAN J. PARKS Partner DESIGN CONSULTANT AGREEMENT CAProgram Files ( x86) \neevia.com \docConverterPro\ temp \NVDC \5086ED27 -F1F8- 4746- B9F5- 40BE844E5607 \PDFConvert. 8681.1 .Design- Consultant_Agr- R_S.docx Updated — March 9, 2015 -- Page 12 of 12 Pages -- 0612$117 CC AGENDA PACKET FCC 444 March 24, 2017 Request for Qualifications (IRF'Q) On Call Clvll Engineering and Surveying Services for Non- F'e'derally Funded Capital Improvement Program Profits of the City of Bakersfield Fiscal Years 2017 -2018 and 2018 -2019 Bakersfield" California wishing Firms to be N m «. N for ,: project II ■ thoroughl w RFO. Information required to be provided in a Statement Of Qualifications (SOO) Is detailed in Section 8. Firms submitting a SOO must do so in accordance with the requirements of Section 9. As required by Section 12, a signed copy of the enclosed sample agreement must be submitted with an; SOO. - n r r -: Tz The City of Bakersfield (City) desires to enter into an agreement with one or more engineering firms which are able to provide the City with basic civil engineering and surveying 'services on an "on cal'" basis. The term of agreement shall' be for Fiscal Years 2017-2018 and 2018 -2019 (July 1, 2017 to ,aurae 0, 2019). Assignments will be mostly basic civil engineering design projects and surveying and are expected to begin with very short notice. (Projects will require general land surveying and/or general civil engineering service's. Typical services include research for surveying Information, land or topographic surveys, preparation of survey 'drawings, determination of the legal boundaries of a project, right of way assistance, design of suer and storm lift stations, design of storm drainage facilities, design of street improvements, 'design of traffic signals, etc. Civil engineering services will include the development of plans and specification's for more complicated projects. Project design shall meet all City requirements and conform to the City and Caltrans Standards. A majority of the City's capital improvement program projects are based on maintaining the City's existing infrastructure. Therefore, all elements of a project must be designed to provide a maximum useful life within the project's construction cost budget. Projects will be non - federally funded Capital Improvement Program Projects. For the purpose of this RFd, the term "Consultant" and "Firm' are interchangeable and refer to the qualified firm (s) hired to provide the services, For the purpose of this agreement, the following definitions shall apply; OWNER is the design Section of the Engineering Services Division of the Public Works Department and other Departments of the City of Bakersfield as applicable to assigned projects. PROPOSER is a firm which submits a Statement of Qualifications in response to this RFu . CONSULTANT is a firm hired by the CRY to provide the services described in this RFQ. LOCAL REGULATORY AGENCY refers to all Sections, divisions, and Departments of the City of Bakersfield and the County of kern that are charged with the review and approval of the ,project within the city limits. STATE REGULATORY AGENCY refers to all Mate of California agencies that might have jurisdiction over the project design and/or construction, FEDERAL REGULATORY AGENCY refers to all United States of America federal agencies that might have jurisdiction over the project design and/or construction. SECTION 2. PR19, -J'ECT ASSIGNMENT In the event that the City enters into contracts with more than one firm, assignment of projects may be based on the expertise of the firm as, presented in the SG1C'. 8cTROJEC"rsra"r caau 0AWY1 , a & FYa s1 sucan3ubnu, sewcfion Procew+A oar RFO urn Svy.docx 0612$117 CC AGENDA PACKET FAG 445 � 1 � RFQ — On Call Civil Engineering & Surveying The City will endeavor to evenly distribute projects, in regards to total compensation, between all the firms awarded an agreement. When a specific project is identified, the City will develop a scope of work statement and submit it with a Request for Fee Proposal (IFP) including any required completion dates. CONSULTANT shall then prepare a tee proposal in accordance with Section 3 of this RFQ and submit it to City for reviews and approval, Upon the City's acceptance of the proposal, a notice to proceed' wwill be issued. If the City and CONSULTANT are not able to agree upon a proposal for the project, or should the CONSULTANT not be ,able to complete the project within the time lines needed by the City, the City, will inform the CONSULTANT that their proposal is rejected. The City will them request a proposal from smother CONSULTANT. - ,] :L41,11 The City's agreements for these On Call Civil Engineering and Surveying Services will state that the CONSULTANTS shall not receive more than an aggregate total of $300,000 each for the team of this agreement, unless otherwise modified by amendment.. There will be no minimum payment in connection with this agreement. The City will request a fee proposal from the Consultant when a specific project is developed, The CONSULTANT shall submit a fee proposal based on the Scope of Work of the project. The fee proposal shall shown the anticipated number of hours for each person who will work on the project, their hourly billing rate and the total estimated l cost, including printing, materials and all other Incidental charges, if any. The fee proposal shall, unless otherwise instructed in the request for a fee proposals be structured as follows: Preliminary Phase fixed fee, not to exceed Design Phase fixed fee, not to exceed Bidding Phase time and mate-ials, not to exceed Construction Phase time and materials, not to exceed Request for payment of services shall be billed, with ar monthly itemized invoice, to the City in accordance with the rates in the firm's schedule of hourly billing rates which is submitted' in response to this RFQ. The invoice shall be accompanied with a monthly progress report itemized for the work completed in that period. The monthly progress report shall include a description of activities performed, an estimate of the percent of work completed, and a summary of any problems encountered. Payment will be made for work product that has been delivered to and accepted by the City. The crates on the schedule submitted in response to this RFQ (refer to Section S) shall be herd constant throughout the term of this agreement, No "cost of living" or other similar increases of the hourly rates will be allowed. CONSULTANT will be responsible for compensating their employees in accordance with all applicable labor laws and regulations.. rw CONSULTANT shall have a professional staff to provide all the services necessary for the project as defined in the specific project scope of work, CONSULTANT shall have the resources necessary to respond to a. call for services immediately, to be able to submit a proposal within five b) working days after receiving a RFP from the City, and to be ab4e to complete the project In a timely manner as shown on their project schedule submitted with their proposal. CONSULTANT will not be responsible for identification, handling, containment, abatement, or in any other respect, for any hazardous materials if such is present in connection with the project. s:PRoJecrrswon can CivanwFY1 rre s FYIBiawconsuanarn seen ruon \_ o3 RFQ ena Svy,docx 0612$117 CC A EN A PACKET FAG 446 R'PQ - On Call Civil Engineering & Surveying i. « - r CONSULTANT will not be responsible for the construction means, methods or sequencing. &ONSULTANT will net be responsible for job site safety. Based on the needs of the assigned project, CONSULTANT may be required to provide any or all of the following services: conduct field survey; prepare survey drawings, design studies and calculations; obtain record information from utility companies; prepare right-of-way certification; design improvements; prepare all necessary plans, specifications and cost estimates; respond to bidder's questions; make recommendations for awarding the construction contract and perform general consulting services during construction of required. Typical services shall include, but are not limited to, those presented below. The City will determine which services are applicable and are to be included in the project proposal. Not all of the projects will have a four -phase development. Services for a specific project may be limited to one particular phase. When the contracted work is accepted by the City, all completed reports, plains, drawings, documents, studies, calculations, computer files, photos, reproducible, recorded media, etc., used in the planning, research, and design of the project shall become the property of the City, including their copy rights and any inherited interests. 'l. Attend a Project Review Meeting with City staff to review the project and City procedures and standards.. 2. Based on legal' descriptions and adjacent tract maps, prepare a drawing of the project site boundaries. 3. Conduct an engineering survey for the project site and adjacent properties to obtain all topographic and right- of-way information necessary for the complete design of the project. Prepare base drawings for the project, including existing and proposed' utilities both above and underground, contact utility companies on behatf of the City, prepare right- of-way certification, and incorporating the design information of any adjacent proposed improvements into this survey. CONSULTANT shall verify and confirm any bench mark(s) or field book information before using them in their surveys,. 4. Prepare a preliminary design for the project. . Prepare a. Preliminary Construction Cost Estimate for the project based on the preliminary design.. The Preliminary Construction Cast Estimate shall be an itemized estimate, include all of the components necessary for the complete construction of the project. The Preliminary Construction Cost Estimate shall be in the same format as the City`s Sid Proposal form and shall only include appropriate City standard pay items, unless otherwise approved by the City.. 6. Submit the survey, preliminary design and the Preliminary Construction Cost Estimate to the City for review and comment. All survey information must be provided in hard copy and electronic format which can be integrated directly with existing information in the City's CAD system. 7. Attend a Project Status meeting with City staff to discuss the engineering services, surveying, and preliminary design, the Preliminary Construction Cost 'Estimate and the next phase of the work. DESIGN PHASE S. On behalf of the City, apply for and obtain all required approvals and permits from all governing public agencies for the construction of the project. 9. Assist City in applying for and obtaining utility services and /or relocation of existing utilities necessary for project to be constructed and functional. APROJECTSOn Call CivinlFY1718 8 u M1819\Con uftann Selection Pro 1 03 RFO ng Svy.doex 0612$117 CC A EN A PACKET FAG 447 !�' « rift r r 1 it. Based on the approved preliminary design and the approved Preliminary Construction Cost Estimate:, 'finalize the design and prepare Construction Plans, Specifications and Sid Documents (utilizing the State of California, Department of Transportation Standardl_ SpIcilic tip, 2015 edition, and the City of Bakersfield Special Provisions). The Construction Plans,. Specifications and Bid Documents small be adequate for obtaining construction bids in accordance with all applicable regulations and requirements of the Mate of California and the City of Bakersfield. Specifications for each project must be teased on the most current version of the City's boiler plate at the time the project is issued for bids. 11. Visit the project site to verify that design conforms to the actual and visible field conditions. 12. Prepare an Engineers Estimate of the Construction Cost based on the Construction Plans and Specifications. The Engineer's Estimate of the Construction Cost shall be in the same format as the City's Bid (Proposal Form and shall only include appropriate City Standard pay items, unless otherwise approved by the City. 13, Submit the Construction Plans, Specifications, Bid Documents and Engineers Estimate to the City for review and approval. 14. Attend a Project Status meeting with City staff to discuss the plans and the construction of the project. 15. Devise the Construction Plans, Specifications and Sid Documents and Engineer's Estimate as necessary based on the City's review comments and resubmit for approval. 16. Furnish to the City the originals of the approved Construction Plans, Specifications and laid Documents and Engineer's Estimate. All drawings must be provided in hard copy and electronic format which can be integrated directly with existing information in the City's CAD System, 17. All drawings produced for the Preliminary and Design. (Phase items of work shall be prepared on 22 inch by 34 inch media size. The original drawings small have a minimum letter height of 0.10 inch, so that when the drawings are reduced fifty percent, the lettering will l remain legible. [:flr]ir]IMMI:► 18. Respond to contractors' questions regarding the plans and' specifications. 19. Prepare modifications to the Plans and'lor Specifications as necessary to support City in preparing and' issuing addenda. CONSTRUCTIQN PHASE 20. Review and approve Contractors submission of product data and shop drawings as required. 21. Furnish general observation of construction work and on -site consulting service as required by the City. 22. Investigate proposed contract change orders and submit background information to the City for a decision, if justified, and prepare necessary drawings and documents for approval. 23. Assist in performing a final inspection service of the completed construction and prepare a list for the City, if necessary, of items to be corrected prior to accepting the project as constructed.. Regarding the CAD data submitted by the CONSULTANT, CONSULTANT shall not be (liable for claims, liability or losses arising out of, or connected with (1 ) the modifications or misuse by City, or anyone authorized by City, of such CAD, data, or (2) decline of accuracy or readability of CAD data due to inappropriate storage Conditions or duration; or (3) any use by City, or anyone authorized by City, of such CAD data for additions to this project, or fear the completion of this project by others, or for any other project, excepting only such use as is authorized, in writing, by CONSULTANT. APRO rECTSOn Cara C+ MY1718 & FYI819iConsaftant Selection Processl 03 RFgin Eng Svy.docx 0612$117 CC A EN A PACKET FAG RFQ Can Call Civil Engineering & Surveying Page 5 of t Prragress reports as described in Section 3 are required with each submitted invoice. The CONSULTANT is required to provide all specific services and satisfy all the requirements for the project as specified in this RFQ, in subsequently issued RFP, and as necessary to complete the requirements of a specific project. r ; �► 1. The City will provide a general description of the project site, its location and boundaries, bench marks for surveying, and a concept plan, a plot plan, and /or design criteria as necessary for the project. The City will assist CONSULTANT to obtain right of entry to private properties for conducting necessary survey(s) or field inspections.. , The City will provide copies of City's records regarding available tract snaps and legal documents that establish the boundaries of the project site(s) and information about adjacent improvements. The City will provide copies of the available plans of the existing related improvements. It is not certain that record drawings for all existing improvements are available, and the City makes no warranty that that is the case. 3. The City will provide all services required to plan, supervise, monitor and finance the construction of the project, services for the environmental approval of the project except for those services to be ,provided by the engineering firm as set forth herein or specifically identified in the Request for Fee Proposal, 4. The City will furnish a construction manager who will make daily observation and inspection of construction to determine compliance with construction plans and specifications by the construction contractors in conjunction with and under the advisement of the engineering firm, S. The City will provide construction staking and construction material testing services„ if required, G. The City will provide and complete necessary contractor payment forms. SECTION 6. TIME, SCHEPVLE FOR ASSIGNED PIS CTS The CONSULTANT shall execute its work in a timely manner in order to complete its assignment within the schedule approved by the City, Failure to respond by completing scheduled work in a timely manner may result in no further project assignments or in termination of the agreement. SECTION" . CONSULTa4NrS TEAM This invitation to submit an SOQ is open only to, frms with staftd offices within the Bakersfield Metropolitan Area The w orlr sharp be performed by qualified staff`' that work in the local ef9l a and are familiar with the City's standards and requirements. The CONSULTANT's staff working on this project shell be qualified professional staff and shall have the necessary experience, expertise and licenses to complete the project design and satisfy all the requirements as described in this RFQ.. At a minimum, the CONSULTANT °s team shall include the following: 1. A qualified design professional acting as Project Manager to direct and oversee the CONSULTANT °s work on all phases of the assigned) projects; 2. A California registered civil engineer experienced in general civil engineering and who has extensive experience in designing comparable infrastructure f facilities; and 3. A California licensed land surveyor experienced in all aspects of surveying or a registered civil' engineer who is allowed by California state law to practice as a licensed land surveyor. s:Paeoue sw Carr CMAFYu raue s rXUS srcornsu leant Selection Pnx*ss\-03 es =o Eng Svy.docx 0612$117 CC A EN A PACKET FAG 449 RFQ _ On Call Civil Engineering & Surveying ..:.. r The City does not require nor expect that CONSULTA NT have subconsultants on their team to provide specialty services such as geotechnical engineering or landscape architecture, (Neither the inclusion nor exclusion of specialty service subconsultants in their team at time of submitting an SOQ will be considered in the evaluation of the firm, However, the PROPOSER's team must have appropriate staff to provide the basic civil engineering and Surveying services.) In the event that a specific project requires specialty services, the City will work with the CONSULTANT to secure those services either as a reimbursable expense through the an Call agreement or under a separate, agreement between the City and a firm providing the specialty service. rr �w All interested PROPOSER's shall submit a Statement of Qualifications (SOQ) which shall contain at a minimum the following information: 1. The completed General Information Sheet, (refer to Attachment RFQ -t' ), An officer of the PROPOSER must sign this document. . A statement of PROPOSER's management principles, procedures and how they will be applied to work performed under this agreement in regards to. a. Development of a project design schedule and adhering to that schedule; b. Establishment of a cooperative relationship with the City, any other consultants hired by the City and the City's construction contractor, and c. Complete and successful performance of all tasks assigned to the CONSULTANT. 3. Name and relevant experience of PROPOSER's principals who will be responsible for the project,. Name and relevant experience of PROPOSER's key personnel who will work on the project. . A list of all current projects, including the amount of PROPOSER's resources allocated to those projects and the completion date of PROPOSER's work at that level of allocation. A similar list shall be provided for each of PROPOSER's subconsultants, 5. A list of comparable projects on which PROPOSER has been involved during the past five years. The list should include at leant four different clients and should provide the following information for each project: a. Project title, location and description including size of the project; b. Nature of PROPOSER's responsibility; c. Start and end dates of PROPOSER's involvement in the project;. d. Dames of PROPOSER's key personnel involved in the 'project; e. Total dollar amount of PROPOSER's contract; f. Marne, address and phone number of the project owner; g. Name and address of PROPOSER's client if different from the project, owner; and h, Name and phone number of contact person at PROPOSER's client "s office. `. A statement of PROPOSER's approach in designing a project within the allocated' time schedule and project budget. Include examples of how this approach was proven effective in pant projects for the City or other governmental agencies. 8. A statement of PROPOSER's approach in designing a project to provide maximum useful life of the project. (Include examples of how this approach was proven effective in past projects for the City or other governmental agencies. g. A statement of why PROPOSER believes it should' be selected for this project. S.' OJECTSOn Cams Cis KFY1718 & FY1819% onsumtant seam Pr MR,, 03 RFO Eng Svy.docx 0612$117 CC A EN A PACKET FAG 450 10. A list of all subconsultaants that PROPOSER will be utilizing on this project, This list shall include the following information for each proposed subconsultanl: a. lame, address, and phone number for subconsultant`s office that will be performing work on the project', b. Name and relevant experience for subconsu'ltarnt 's key employees that will be working on this project; and c. Description of work that the subconsultant will perform on the project. If the PROPOSER has multiple offices and proposes to utilize staff from multiple offices for this project, then the following shall apply in regards to this listing of subconsultants: The office submitting an SOO for PROPOSER shall be considered the CONSULTANT. All other offices of PROPOSER shall be considered subconsultants and shall be included in the subconsultants listing.. 11. A list of PROPOSER's claims history since January 1, 2012: a. A list of all claims, demands for arbitration and/or law suits filed by PROPOSER predecessor companies or company officers against project owners or their agents. This list shall include the following information for each claim: Name of project owner; Project completion date; Basis for claim, Claim or suit amount; Current status; and Award or settlement amount. b. A fist of all claims, demands for arbitration and/or law suits filed by project owners„ their agents or subconsultants against PROPOSER, predecessor companies, its agents or bonding company in connection with PROPOSER, its officers, its agents or bonding company. This list shall include the following information for each claim:. Name of project owner; Project completion date; Basis for claim, Claim or suit amount; Current status; and Award or settlement amount. 12, A statement of PROPOSER 's current insurance coverage signed by a company official. P9 n submit a certificate of insurance in lieu of this statement, 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.. four (4) copies of the firm's SOO (refer to Section 8 of this RFQ),, including the MGeneral information Sheet" (Attachment RFQ-1 of this RFQ) signed by a company official and a statement of insurance coverage signed by a company official; one copy of the firm's schedule of hourly billing rates, in a sealed envelope labeled with the company's name and the words "'On Call Engineering and Surveying, Services, hourly billing S VROJ CTS\On Call Cwvwi'FY1718 & FYI 81MCOMUlUnt Selection Prot s\_03 RFQ Eng Svy^.d oex 0612$117 CC A EN A PACKET FAG 451 RFC — On Call Civil' Engineering & Surveying schedule"'. This rate schedule shall be valid for the duration of the agreement. All charges for materials, printing, computers, etc.,, ;shall be included in the hourly billing rates, and 01 one signed copy of the draft contract (refer to Section 12 of this RFQ and Attachment RFO- '), The above submittal items roust be placed into a sealed! envelope bearing PROPOSER's name and the words O'Statement of Qualifications for On-Call Civil Engineering and Surveying Services Bakersfield, California,." Before the date and time stated in the Notice to Design Firms, the submittal package must be delivered to,, Navdiip Grewal, Civil Engineer IV- Design Engineering Public Works Department, City of Bakersfield Second Floor, City Hall Annex 15011 Truxtun Avenue, Bakersfield, California, 93301. The City assumes no responsibility for non - receipt of submittal packages due to any delay, including, but not limited to, carrier delay. It is the PROPOSER's responsibility to meet the deadline stated above. Submittals which do not contain the requisite number of copies and all the information requested in the RFQ may be considered non- responsive and rejected without evaluation. Submittals received after the deadline or at the wrong location will be considered non - responsive. Fax and electronic copies will not be accepted. SECTION 10. SELECTION OF CONSULT NT PROPOSERS submitting a Statement of Qualifications (SQ,Q) for this project must provide in their submittal, veriffable evidence demonstrating that they have considerable current and past experience in providing; basic civil engineering services and surveying services as described in Sections 1 and 4 of this RFQ. The City will award a contract to one or more engineering firms after reviewing all the Statements of Qualifications (SQQ) submitted by interested firms. Primary selection process will be based on the City's evaluation of the firm's SOQ and the items listed below. Secondary consideration will be based on the City's evaluation of the consultant's schedule of hourly billing rates which shall not be opened until evaluation of SOQ scores and reference checks of all farms are completed and that the ranking of firms is in order. In no particular order, the following items shall be used for evaluation; 1. PROPOSER's ability to respond in timely manner, such as, submittal of a project proposal for a specific project; availability of the firm to start work on a speck project; and the time needed to complete the project. 2. PROPOSER's experience and past performance on comparable projects for the City and other governmental agencies. 3. PROPOSER's resources and its capability, to perform the required services within the required time frames. . Qualifications and experience of personnel PROPOSER anticipates assigning to City projects. Srl ROJ CTMn Cali CivrWY1718 & FYI 8MConsurtemt Selection ProoeSSL 3 RFQ Eing svy.docx 0612$117 CC A EN A PACKET FAG 452 I., a r .M. ' r b. PROPOSER's ability to understand the project requi RFQ — On Call Civil Engineering & Surveying The Consultant shall not be allowed to alter or negotiate contract language after the submittal of Consultant's Statement of Qualifications. 'Failure to execute the contract without alteration may result in the rejection of the Consultants proposal and the retaining of a different consultant by the City. At the time of contract execution, the Consultant will he required to provide evidence: of insurance coverage (Certificates of Insurance) as specified in the agreement. S CTION 13, CONTACTS AT T ll CITY O^ F BAKER FIELD All questions concerning the project, the submittal of a Statement of Qualifications, the City's review and evaluation of the 500 "s„ and the City's selection of a consultant for this project should be submitted in writing and directed to: Navdip Gre^wraal, Civil Engineer IV- Design Engineering Public Works Department, City of Bakersfield e-mail- ngrewat@bakersfieldcAy.us SECTION 14. ATTACHMENTS 12 TMIS EEO The following documents are attachments to this RFQ: Attachment RFCt -1 , "General Information Sheet" Attachment RFQ -2, "Sample D'esig'n Consultant Agreement" SAP'ROJ CTSkOn CAIN CMKFY1718 & F x"1819 COnsUuuant seWCUM P'rocess�_ 03 Fir Q Eng Svy.docx 0612$117 CC A EN A PACKET FAG 454 General Information Sheet Attachment RFQ-1 On Call Civil Engineering and Surveying Services for I" on -Fed Capital Improvement Program Projects of the City of Bakersfield Fiscal Years 2017-2018 and 2018-2019 Bakersfield, California Legal Name of Firm: Type of Organization: Individual, Partnership, or Corporation, If a corporation, state in which the firm is incorporated: Federal Employer I.D. Number: Name of Principal-In-Charge Title, License INumber Name of Project Manager Title, License Nurnber Signature of Officer of PROPOSER Title, Date SAPROJECTSOn, Call CivilIFY17118 & FYI 81%Conudlant Selection ProceSSL03 RIFF Erg Svy.docx 06128117 CC AGENDA PACKET PG 455 RFO-Attachment 2 AGREEMENT NO.— SAMPLE DESIGN CONSULTANT CONTRACT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a chartered City and municipal corporation, ("CITY" herein), and a ("DESIGN CONSULTANT" herein). R E C I T A L S WHEREAS, DESIGN CONSULTANT represents, and, if a corporation or partnership all officers thereof, are licensed professionals in engineering, design, or similar professional areas, and holds a professional degree, or degrees, in same; and WHEREAS, DESIGN CONSULTANT acknowledges it is required and represents it does currently have errors and omissions insurance which will protect the City of Bakersfield in the event of professional errors or omissions by the DESIGN CONSULTANT; and WHEREAS, DESIGN CONSULTANT represents it is experienced in the field of design and specifically experienced in the field of ; and WHEREAS, the CITY does not have expertise currently on staff to conduct - and WHEREAS, DESIGN CONSULTANT has reviewed the CITY's project and is satisfied that the DESIGN CONSULTANT understands the requirements of said project; and WHEREAS, CITY has issued a Request for Proposals, ("RFP" herein), which is attached as Exhibit "A" and incorporated herein by reference; and WHEREAS, DESIGN CONSULTANT has submitted a proposal in response to the CITY"s Request for Proposal, and said proposal is attached as Exhibit "B" and incorporated herein by referenced; and WHEREAS, DESIGN CONSULTANT represents it is competent to undertake the project set forth in the CITY's Request for Proposal; and DESIGN CONS1 it TANT AGREEMENT SAPpOJECTS%on W OVAFY1710 & FY1$1VC4nS~ Sa*djOn Pr0MSd0-*,t-C—MnLAW.d= UpdaWd — M*ch 9, 2016 — Page I of 11 Pages -- 06128117 CC AGENDA PACKET PG 456 WHEREAS, DESIGN CONSULTANT represents it has an adequate number of properly licensed and experienced employees on its staff to accomplish the task set forth in this Agreement; and WHEREAS, the term DESIGN CONSULTANT as used herein includes all officers of any corporation executing this Agreement, NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and DESIGN CONSULTANT mutually agreed as follows: 1. aCOPE OF WORK. DESIGN CONSULTANT shall competently and thoroughly design the project set forth in CITY's RFP and is generally described as follows: DESIGN CONSULTANT"s services shall include all the procedures necessary to properly complete the task DESIGN CONSULTANT has been called upon to perform, whether specifically included in the scope of work or not. F MOO Q2MPENSATION. Compensation for all work, services or products under this Agreement shall consist of a total payment of Dollars ($ ) which shall be paid as follows: . 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. 31. TIMI FOR COMPLETION. DESIGN CONSULTANT shall complete all assigned tasks set forth in the scope of work no later than (date) 4. PAYMENLf RQCEDURE. DESIGN CONSULTANT shall be compensated after receipt of an litemied invoice for the work completed and approved by the CITY in accordance with the terms of this Agreement. Payment by CITY to DESIGN CONSULTANT shall be made within thirty (30) days after receipt and approval by CITY of DESIGN CONSULTANT's itemized invoice; however, where required by the City of Bakersfield Municipal Code, the CITY will withhold a portion of DESIGN CONSULTANT's payment for the time period and purposes set forth therein. DESIGN CONSULTANT AGREEMENT SIPROJECIMOn W CWWY171,8 & FY181=om4w Se"on Prooess%DssWCor%uUrA AW,dbcx UPd6ftd — MaMh 9, 2,015 — Page 2 of 11 Pages — 06128117 CC AGENDA PACKET PG 457 I S. START1N_Q_WM. DESIGN CONSULTANT shall not begin work until authorized to do so in writing by CITY. No work MI be authorized until the contract has been fully executed by DESIGN CONSULTANT and CITY, 16. CONTRACT ADMINISTRATOR,. The Contract Administrator for the CITY is: Name: City of Bakersfield 1600 Truxtun, Avenue Bakersfield, California 93301 Telephone: (661) 32& DESIGN CONSULTANT's Project Manager shall be designated as: Telephone: (—) The Contract Administrator and the Project Manager shall be the primary contact persons for CITY and DESIGN CONSULTANT. It is expressly understood that only the CITY may approve modifications to the contract, and all such modifications must be in writing and approved by the appropiriiate procedures set forth in the Bakersfield Municipal Code. ,7. KFYtJR§QNNft At request of CITY, DESIGN CONSULTANT shall name all key personnel to be assigned to the work set forth herein, All key personnel shall be properly licensed and experienced for the work to be performed under this Agreement. DESIGN CONSULTANT shall provide background for each of the key personnel including, without limitation, resumes and work experience in the type of work called for herein. CITY reserves the right to approve key personnel. Once the key personnel are approved DESIGN CONSULTANT shall not change such personnel without the written approval of CITY. R. Q11gCTION. DESIGN CONSULTANT retains the right to control or direct the manner in which the services describedi herein are performed. 9. EQUIPMENT. DESIGN CONSULTANT will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 10. CONFLICTS OF IN�TERUT. DESIGN CONSULTANT stipulates that corporately, or individually, the firm, its employees and subconsultants do not have, and in the future will not have, financial interest in either the success or failure of DESIGN CONSULTANT AGREEMENT $7%Pft0J6C'tS*n Co CWWY171 0 & FY181 monswum Selecoom Prooessoew4rWAmufto AW.dD= IUP"ed - MaMh k 2015 — Page 3 of 11 Pages 06128117 CC AGENDA PACKET PG 458 any project which, is dependent upon the result of the work prepared pursuant to this Agreement or which may be constructed as a result of this Agreement. 10.1 If this Agreement involves the design of a project which is the subject of a Cooperative Agreement between CITY and the California Department of Transportation (CalTrans), DESIGN CONSULTANT stipulates that corporately, or individually, the firm, its employees and subconsultonts are not currently, and in the future, will not be, employed by or under contract to any contractor who may be awarded the contract to construct the project. 111. NO, CITY INTERE . No officer or employee of the CITY shall hold any interest in this Agreement, (California Government Code 1090). 12. & CE QF WQRK. The acceptance of work or payment for work by CITY shall, not constitute a waiver of any portion, or any provision of this Agreement. 13. LICEN51S. DESIGN CONSULTANT shall, at DESIGN CONSULTANT's sole cost and expense, have at the time of bidding or proposal submission and shall keep in full force and effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for DESIGN CONSULTANT to practice its profession in the State of California. DESIGN CONSULTANT, if a corporation or partnership, shall at the time of bid or proposal submission, submit proof satisfactory to CITY that all appropriate corporate officers or partners are properly licensed professionals and that all employees or subcontractors assigned to perform professional work on the project or task set forth in the Scope of Work are property licensed. In any professional consulting firm, all key employees who are involved in providing advice to CITY shall have no less than a four year college degree in the appropriate field of study as determined by CITY. DESIGN CONSULTANT shall submit proof of same to CITY upon bid or proposal submission. 14. NQ AAJVER QF DEFAIJ LI. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's, right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 15. GP_ VEBN_ING- LA . The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 16, EURTRER SSURAbICES. 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. DEMN CONSULTANT AGREEMENT SAPROJECTSOn, Cali CivMY1 718 & FYI 81 =OrMAXII Sdftdion Pr00kMW"Qn-Canu&ar4AW d= UpdaWd — March 9� 20115 — Page 4 of 11 Pages — 06128117 CC AGENDA PACKET PG 459 17. IM. Unless terminated sooner asset forth herein this Agreement shall terminate on (date). IS., TERMINATION FOR CAUSE It at any time CITY becomes, dissatisfied with the performance of IDESIGN CONSULTANT under this Agreement, CITY may terminate this Agreement on ten (10) days written notice. Written notice, shall be given pursuant to the notices paragraph of this Agreement. 19. N911C_F M All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD City Hall 1600 Truxtun Avenue Bakersfield, California, 93301 DESIGN CONSULTANT: 20. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (inclluding, but not limited to, accoun�ts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non-assigning party or parties,. 21. j1tjQjtjG _EfFE�C . The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 22. MIRGIR AND MQD1F1CAjjQN. This Agreement sets forth the entire DESIGN CONSULTANT AGMEMENT S'"OJECT$On W CMAM 718 & FY18i 9RC0n8UXM$@kw1ion Prco@s5WesVn-00rft%* KAQr.d= tWMd — Match 9. 2015 -- Page 5 of I I Pages — 06128117 CC AGENDA PACKET PG 460 Agreement between the parties and supersedes will other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all f he parties. 23. ITH ALL M$ DESIGN CONSULTANT shall, at DESIGN CONSULTANT's sole cost, comply with all applicable requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or groviingi, 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 51.02) where required. In the event of changes in such authority which require a material change in DESIGN CONSULTANT's scope of work or schedule, subject to mutual agreement, such changes shall be considered additional services. 24. MPLIANCE. 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 on unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10 164 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. 26. INDEPENDENT ACT R,, This Agreement calls for the performance of the services of DESIGN CONSULTANT as an independent contractor. DESIGN CONSULTANT is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with DESIGN CONSULTANT other than that of an independent contractor. LIM 1't 0 26.1 DESIGN CONSULTANT shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and oil liability, claims, actions, causes of action or demands whatsoever against them, allsing! from DESIGN CONSULTANT's negligence, fraud, willful misconduct, criminal conduct, errors and omissions, or breaches of contract, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by DEMN CONSUITANT AGREEWNT S NPROJECTSft Cidl Cw1WY171S & FY181 Mw4wftart Sajectoon AW.db0x UpdaWd — MWch 9, 2015 -- Page 6 of 11 Pages — 06128117 CC AGENDA PACKET PG 461 DESIGN CONSULTANT, DESIGN CONSULTANT's employees, agents, independent cpntroctors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 26.2 If the provisions of Civil Code Section 2782.8 are applicable to this Agreement, the DESIGN CONSULTANT shall indemnify, defend and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands, against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, that only arise out of, pertain to, or relate to the negligence, recklessness, or Willful misconduct of DESIGN CONSULTANT. 27. INJURANCE. In addition to any other insurance or bond required Iunder this Agreement, the DESIGN CONSULTANT shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance, requirements" herein): 27.1 erojessional Ilabillay insurance, providing coverage on claims made basis for errors and omissions with limits of not less than One Million Dollars ($1,000,0010) aggregate; and 0 0 lots 27.2.1 Provide coverage for owned, non-owned and hlrell-I autos. I 27.3 lrggd form commerclal eneral IlablUty insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 27.3.1 Provide contractual liability coverage for the terms of this Agreement. 27.3.2 Provide unlimited products and completed operatio coverage. I 27.3.3 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees DESIGN CONSULTANT AGREEMENT SAPROJEC TSVOA CM CWITY1 7%& FYI819C4XwRant SOWCOM PMC"S0*$*W*,C0MLAVt Aar d= updaw — 19, 2016 — Page 7 of 11 Pages 06128117 CC AGENDA PACKET PG 462 and designated volunteers. 27.3.4 All policies shall be written on a first-dollar coverage basis, or contain a deductible provision. Subject to advance approval by the CITY, DESIGN CONSULTANT may utilize a Self-Insured Retention provided that the policy shall not contain language, whether added by endorsement or contained in the Policy Conditions, that prohibits satisfaction of any Self-insured provision or requirement by anyone other than the Named Insured, or by any means including other insurance or which is intended to defeat the intent or protection of an Additional Insured. 27.4 Workers' com2en__S9M2n Insurance with statutory limits and employers liability insurance with limits of not less than One Million Dollars ($ 1,000,000) per occurrence; and the policy shall contain, a waiver of subrogarlon in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. 27.5 Except for professional liability, all policies required of the DESIGN CONSULTANT shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the DESIGN CONSULTANT's insurance and shall not contribute with it. 27.6 Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY"s Risk Manager, but in no event less than A-:Vll. Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's, A-:Vll, must be declared prior to execution of this Agreement and approved by the CITY in writing. 27'.7 Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall Ibe delivered to CITY on demand. 27.8 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 27.9 The DESIGN CONSULTANT shall furnish the City Risk Manager with a certificate of Insurance and required endorsements evidencing the insurance DESIGN CONSULTANT AGREEMENT SOROJECTSOn CaN CMAFY1718 & FY181WcnsuftM So*ctk)o Prmssoesicp4wwmim Agr.d= Updated —March 9, 2015 -- Page 8 of 11 Pages — 06128117 CC AGENDA PACKET PG 463 required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. 27.10 Full compensation for all premiums which the DESIGN CONSULTANT is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 27.11 It is further understood and agreed by the DESIGN CONSULTANT that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the DESIGN CONSULTANT in connection with this Agreement. 27.12 Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for DESIGN CONSULTANT. 28. IKIRD PARTY CLAIMa. In the case of public works contracts CITY will timely notify DESIGN CONSULTANT of third party claims relating to this contract. CITY shall be allowed to recover from DESIGN CONSULTANT, and DESIGN CONSULTANT shall pay on demand, all costs of notification. 29. ACCOM I NTINq BECQRDS DESIGN CONSULTANT shall maintain accurate records, including but not limited to accounting records, and other written documentation pertaining to all costs incurred in performance of this Agreement, Such records and documentation shall be kept at DESIGN CONSULTANT's office during the term of this Agreement, and for a: period of three years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 30. CQNFIDENIIALITY During the term of this Agreement, DESIGN CONSULTANT may have disclosed to it information of a legal and confidential nature, and such information could severely damage CITY if disclosed to outside parties. Except as otherwise required by low, when informed that information is confidential, DESIGN CONSULTANT will not disclose to any person, directly or indirectly, either during the term of this Agreement or at any time thereafter, any such information or use such information other than as necessary in the course of this Agreement. All documents DESIGN CONSULTANT prepares and confidential information given to DESIGN CONSULTANT under this Agreement are the exclusive property of the CIT'Y. Under no circumstances shall any such information or documents be removed from the CITY without the CITY's prior written consent. DESIGN CONSULTANT AGREEMENT SLOROJECTSiOn Cal CMWY1718 & FY1819CWWMrA Sefedh)n ProC0S90*9vnCwwAwtAqrwas UpdoW — March 0, 2016 -- Page 9 of 11 Pages — 06128117 CC AGENDA PACKET PG 464 31. TITLE IQ D_g_�;.MMENT All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by DESIGN CONSULTANT pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 32'. TAX NUMBEg . DESIGN CONSULTANT's Federal Tax Identification No. DESIGN CONSULTANT is a corporation? Yes No (Please check one) 33. ATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 34. EXECURON. 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. 36, NEWS RELEASES,Z INTERVIEW -S. All news releases, media interviews, testimony at hearings and public comments relating to this Agreement by DESIGN CONSULTANT shall be prohibited unless authorized by the CITY. 36. RE CATION. All obligations, of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources, by the City Council. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written, "CITY" CITY OF BAKERSFI[ELD By; KAREN GOH, Mayor "DESIGN CONSULTANT" (COMPANY NAME) M Type or FrW Name� Title: DESIGN CONSULTANT AGREEMENT 8-1;F1: OJECTS14 n CaM QvdWy1718 & FY1819M1C wmMant SaWdlan ProcassM)a949n-Cor.W1W AVd4cX Upmed —march 9, 2015 — Page 10 of I I Pages — 06128117 CC AGENDA PACKET PG 465 APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: WICK FIDLER Public Forks Director APPROVED AS TO FORM: VIRGINIA GENNAR10 City Attorney By: (NAME & TITLE) Insurance: CO,UNTIIBSI NECG': By: NELSON SMITH Finance Director Attachments: Exhibit n "A" & "B" "! have received and reviewed the sample DESIGN CONSULTANT'S a AGREEMENT ENT CONTRACT" including the INDEMNITY clause which was seat to me with the City's RFQ, My signature below shall signify our firm's acceptance of said contract if our firm is selected for awarding a contract for the project as described in said FTC. This acceptance is made with the understanding that the "Compensation" and "Time for Completion" clauses will be modified to contain the amounts and dates established for this contract." Acknovuledgment. Line,, DESIGN CONSULTANT AGREEMENT S.11PFkK:JECTSX0n COM Cin A Y1718 R FY191 drmu a So4ectio n F' owssiGlesa %-C Agr.dou Upod'a* d .,Mamh,, g, 2015 — Page I I of 11 Pages 0612$117 CC AGENDA PACKET FCC 466 2017 RATE SCHEDULE FOR PROFESSIONAL SERVICES LABOR CATEGORY: MANAGING PRINCIPAL PRINCIPAL ENGINEER PROJECT MANAGER SENIOR DESIGN ENGINEER DESIGN ENGINEER RIGHT OF WAY/RELO�CATION SPECIALIST STAFF ENGINEER ENGINEERING TEC III - DESIGNER ENGINEERING TECHNICIAN It ENGINEERING TECHNICIAN I RIGHT Off' WAY/RELOCATION ASSISTANT RESIDENT ENGINEER/CONSTRUCTION INSPECTOR It RESIDENT ENGINEER/CONSTRUCTION INSPECTOR I CADD DRAFTER ENGINEERING AIDE ADMINISTRATIVE ASSISTANT VEHICLE MILEAGE PROJECT RELATED EXPENSES SUB -CONS ULTANTS x k (, 6/`¢ Hourly Rate: $165.00 $155,010 $145,00 $130.00 $120.00 $110,00 $110.00 $100,00 $ 85.00 $ 70.00 $, 70,00 $ 85.00 $ 75.00 $ 65,00 $ 55.00 $ 50.00 FEDERAL RA,rE Cost+ 10% Cost + 10% 1/ 6 11 06128117 CC AGENDA PACKET PG 467 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Consent - Agreements s. TO: Honorable Mayor and City Council FROM: Nelson K. Smith, Finance Director DATE: 6/8/2017 111-11 V 03 SUBJECT: Amendment No. 4 to Agreement No. 15-185 with Kern Sprinkler Landscaping Inc. ($600,000; revised not to exceed $2,040,000 and extend term one year) for the continued supply of on-call irrigation and landscape services. Staff recommends approval of the amendment. BACKGROUND: On July 22, 2015, Council approved the 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 to July 2017 and increasing compensation $400,000. On February 15, 2017, Council approved Amendment No. 2 increasing compensation $120,000 to fund the Compost Automation Project. On March 29, 2017, Council approved Amendment No. 3 increasing compensation $320,000 to fund the Mesa Marin Project. Currently there is $200,000 available on this contract. If approved, Amendment No. 4 adds $600,000 for a revised not to exceed amount of $2,040,000 and extend the term one year. Funds are budgeted in Recreation and Parks Department operating budget within the General Fund, the Capital Outlay Fund, Park Improvement Fund, and Solid Waste Enterprise Fund for this service. Approval of the amendment allows the various departments within the City to continue to meet the demand for on-call irrigation and landscape service. F-11 1i all M I ��i 14 Ll k &I Description Type D Amendment No 4 to AGMT-1 5 185 IKeirirn Spidinkbir Agireeirneint 06128117 CC AGENDA PACKET PG 468 AGREEMENT NO. 15 -185 (4) AMENDMENT NO. [4] TO AGREEMENT NO. 15 -185 THIS AMENDMENT NO. 4 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, on February 15, 2017, Council approved Amendment No. 2 increasing compensation ONE HUNDRED TWENTY THOUSAND DOLLARS ($120,000); to allow continuance of providing on -call irrigation & landscape service; and WHEREAS, on March 29, 2017, Council approved Amendment No. 3 increasing compensation THREE HUNDRED TWENTY THOUSAND DOLLARS ($320,000); to allow continuance of providing on -call irrigation & landscape service; and WHEREAS, the parties desire to amend Agreement No. 15 -185 to increase compensation SIX HUNDRED THOUSAND DOLLARS ($600,000), and extend the term one year; to allow continuance of providing on -call irrigation & landscape service; and WHEREAS, CITY and CONTRACTOR have agreed to extend the term one year, increase compensation SIX HUNDRED THOUSAND DOLLARS ($600,000); 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: -- Page 1 of 3 Pages -- 0612$117 CC AGENDA PACKET FCC 469 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 TWO MILLION FORTY THOUSAND DOLLARS ($2,040,000) 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 32 of Agreement No. 15 -185 entitled "TERM" is hereby amended to read as follows: 32. TERM. Contractor shall provide services in strict accordance with the terms set forth herein for one (1) year from July 22, 2018, unless sooner terminated as set forth in this Agreement. The Agreement shall be renewable annually thereafter for two (2) consecutive one -year periods. Renewal options shall be exercised at the sole option and discretion of the City of Bakersfield. 3. 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. 4 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 By: Print Name: Title: -- Page 2 of 3 Pages -- 0612$117 CC AGENDA PACKET FCC 470 APPROVED AS TO CONTENT: FINANCE DEPARTMENT RANDY MC KEEGAN Assistant Finance Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney JOSHUA H. RUDNICK Deputy City Attorney COUNTERSIGNED: NELSON SMITH Finance Director Insurance Approved by Risk Management: -- Page 3 of 3 Pages -- 0612$117 CC AGENDA PACKET FCC 471 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Consent - Agreements t. TO: Honorable Mayor and City Council FROM: Jacquelyn R. Kitchen, Community Development Director DATE: 6/8/2017 = I MENITAMIGBE SUBJECT: Amendment No.1 to Agreement No. 15-308 with Skidmore, Owings & Merrill LLP (no change in compensation) to prepare Downtown Bakersfield High Speed Rail Station Area Plan and associated documents. Staff recommends approval of the amendment. BACKGROUND: In August 2015, the City Council approved a resolution and an agreement with the California High-Speed Rail Authority (Authority) to develop a High-Speed Rail Station Area Plan for downtown Bakersfield. The agreement with the Authority includes up to $750,000 in state and federal grant funding for the development of the plan. The City and Kern Council of Governments pledged approximately $350,000 in local matching funds in the form of in-kind staff time (City) and a $150,000 KernCOG contribution. In December 2015, the City Council approved an agreement with Skidmore, Owings & Merrill LLP (SOM) to prepare Bakersfield High Speed Rail Station Area Plan and associated documents. The area under study within the plan includes the approximate boundaries of the Kern River and 38th Street to the North, California Avenue to the South, Union Avenue to the East, and F Street to the West. To date the following project deliverables have been completed by SOM: • Work Plan with project Goals and Objectives * Community Outreach, Workshops, and Stakeholder Education • Existing Conditions Report (infrastructure, land, transportation, etc.) • Multi-Modal Access, Circulation, and Connectivity Analysis • Real Estate Market Analysis • Peer Cities Case Study • 30 Year Phased Development Strategy 06128117 CC AGENDA PACKET PG 472 Additional project deliverables to be completed under the contract with SOM: • Final Vision Plan • Value Capture and Fiscal Impact Analysis • Existing Parking and Demand Analysis • Circulation and Parking Recommendations • Implementation Strategy • Downtown Bakersfield Economic Development Plan • Infrastructures Needs Analysis • Monitoring Program • Program EIR These additional deliverables rely, in part, on data that is anticipated to be included within the forthcoming Draft Supplemental EIR (SEIR) analyzing the Locally Generated Alternative (LGA) alignment. At the time the agreement with SOM was initially executed, the Authority projected that the SEI R would be available in 2016 and the scope of work within the SOM agreement was to be completed on May 31, 2017. However, as of the date of this report, the LGA Draft SEI R was not yet completed. Therefore, the term of the agreement with SOM is proposed to be extended to March 31, 2018, to allow for the completion of the Station Area Plan. No additional compensation is being proposed under this amendment. Additionally, the City and the Authority recently amended the term of the agreement for reimbursement of costs for these planning activities to reflect a new term period extension to March 31, 2018. ATTACHMENTS: Description D /kg reeirnent /kirneindirneint D h 6R/kgireeirneint Extensbin D I etteir firoirn 6 6R/kUthOidty Type /kgireeirneint BackU IMateir4� BackU IMateir4� 06128117 CC AGENDA PACKET PG 473 AGREEMENT NO. 15 -308 (1) AMENDMENT NO. ONE [1] TO AGREEMENT NO. 15 -308 THIS AMENDMENT NO. ONE (1) TO AGREEMENT NO. 15 -308 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 SKIDMORE, OWINGS & MERRILL LLP, a Limited Liability Partnership. (referred to herein as "PLANNING CONSULTANT "). RECITALS WHEREAS, on the 9th of DECEMBER of 2015, the CITY and PLANNING CONSULTANT entered into Agreement No. 15 -308, wherein PLANNING CONSULTANT would prepare a Bakersfield High -Speed Rail Station Area Plan and related documents (collectively, "Station Area Plan "); and WHEREAS, the parties now desire to enter into Amendment No. One (1) to Agreement No. 15 -308, which will extend the term of the contract to allow for completion of the "Station Area Plan" herein and related documents, including the Program Environmental Impact Report (EIR). The extension of time is necessary because the Program EIR analysis will rely, in part, on data that is expected to be included within the forthcoming Draft Supplemental EIR (SEIR) being prepared by the California High Speed Rail Authority to analyze the Locally Generated Alternative (LGA) alignment. At the time that this Agreement was initially executed, the Authority projected that the SEIR would be available in 2016; however, as of May 5, 2017, the LGA Draft SEIR was not yet completed. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and PLANNING CONSULTANT mutually agree to amend Agreement No. 15 -308 as follows: 1. Sections 4 and 5 of Agreement No. 15 -308 entitled "TIME FOR COMPLETION" and "TERM" are hereby amended to read as follows: 4. TIME FOR COMPLETION. PLANNING CONSULTANT must complete the Scope of Work no later than March 31, 2018. PLANNING CONSULTANT is not responsible for delays which are outside of its reasonable control. AMENDMENT (1) TO AGREEMENT No. 15 -308 S: \High Speed Rail \_HSR Station Area Plan_ \SAP Consultant Contract \Agreement - Amendment 1 Final.docx May 16, 2017 -- Page 1 of 3 Pages -- 06128117 CC AGENDA PACKET FCC 474 5. TERM. Unless terminated sooner as set forth herein, this Agreement will terminate on March 31, 2018. 2. Exhibits C "SCOPE OF WORK" and D "PROJECT MILESTONES" attached hereto are amended as shown in redline to reflect the extended contract term and timing of deliverables. 3. Except as amended herein, all other provisions of Agreement No. 15 -308 shall remain in full force and effect. [see attached signature page] AMENDMENT (1) TO AGREEMENT No. 15 -308 S: \High Speed Rail \_HSR Station Area Plan_ \SAP Consultant Contract \Agreement - Amendment 1 Final.docx May 16, 2017 -- Page 2 of 3 Pages -- 06128117 CC AGENDA PACKET FCC 475 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. One [1 ] to Agreement No. 15 -308 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD KAREN GOH Mayor APPROVED AS TO CONTENT: COMMUNITY SERVICES DEPARTMENT JACQUELYN R. KITCHEN Community Development Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney COUNTERSIGNED: NELSON SMITH Finance Director "PLANNING CONSULTANT" SKIDMORE, OWINGS & MERRILL LLP. By: Print Name: Title: Insurance: AMENDMENT (1) TO AGREEMENT No. 15 -308 S: \High Speed Rail \_HSR Station Area Plan_ \SAP Consultant Contract \Agreement - Amendment 1 Final.docx May 16, 2017 -- Page 3 of 3 Pages -- 06128117 CC AGENDA PACKET FCC 476 EXHIBIT "C" SCOPE OF WORK Bakersfield High -Speed Rail Station Area Plan (HSR SAP) All Milestones and implementing Tasks described within this Scope of Work are subject to the following overall provisions: 1. Several of the sub -tasks within each Milestone are an on -going deliverable; including but not limited to: Project Administration and Coordination between the City, Consultant team, stakeholders and the public; Community and stakeholder outreach and education; 2. All document deliverables shall be submitted to the City primarily in electronic format; except when hard copies are specified or requested by the City. Acceptable electronic formats for text documents are Microsoft Word and Adobe PDF. Other materials shall be submitted in appropriate electronic formats in accordance with the data type (i.e., CAD files, graphic files, GIS files); and, 3. All Timelines are to begin following the issuance of the Notice to Proceed to the Project Consultant. MILESTONE 1: WORK PLAN - PROJECT MANAGEMENT AND PROJECT ORGANIZATION Develop a Project Work Plan, which sets forth the project team organization, detailed work scope, schedule, and budget. The work plan includes the Contract Deliverables Requirements List (CDRL) and Project Milestones as the basis for status reporting and invoice preparation. Goals and measures for success for the planning process are included in this work plan. The Project Work Plan may extend beyond specific HSR Station Area Plan tasks in order to put those items in the context of broader Downtown Bakersfield planning and future implementation efforts. The Project Work Plan will lay out a roadmap for the implementation of this planning process developed as part of the HSR station area plan and in coordination with other on -going and /or previous plans. The Project Work Plan will establish an internal Work Planning Team (WPT) consisting of specific City Staff, Consultant personnel, and Sub - consultant personnel; as well as an identified advisor from the High Speed Rail Authority. The WPT will identify and manage Work Plan issues, manage project deliverables, and coordinate with concurrent planning projects by all parties in the vicinity of the HSR Station and Downtown Bakersfield study areas. The WPT will convene in accordance with an established schedule for progress reports, updates, and to address other coordination needs. The Project Work Plan will use local businesses /consultants to assist the City with specific tasks related to preparation of the HSR SAP, where feasible. Downtown Bakersfield High Speed Rail Station Area Plan Page 1 of 8 0612$117 CC A EN A PACKET FAG 477 Milestone 1 Deliverables Deliverables Timeline 1.1 Establish internal Work Planning Team (WPT) Within 2 month and regular WPT meetings to continue thereafter 1.2 Work Planning Team Kick -Off Meeting Within 2 month 1.3 Project Work Plan - including a detailed Within 2 months scope /schedule /budget and Project Milestones 1.4 Local Set Aside - including as needed work within the On -going Project Work Plan 1.5 Project Administration On -going MILESTONE 2: COMMUNITY OUTREACH AND STAKEHOLDER EDUCATION Community Outreach. Develop a Community Outreach and Stakeholder Education/ Engagement Strategy (Community Outreach Strategy) with the primary goals of identifying stakeholders, a process for outreach, and methods of involvement, ensuring that stakeholders are continuously notified and provide access to the public process, and ensuring that the public and Stakeholders have the opportunity to participate in the development of the HSR Station Area Plan. The Community Outreach Strategy will be coordinated with other on -going outreach efforts associated with other relevant planning projects throughout the City. The Community Outreach Strategy will also establish a HSR Stakeholder Committee to help collect and coordinate community input, share information with other Stakeholders, coordinate with City and Consultant staff, and provide suggestions and solutions for implementation. The Stakeholder Committee will convene in accordance with a determined schedule for progress reports, updates, and to address other coordination needs. Anticipated Stakeholders (including, but are not limited to: Kern County, Kern COG, GET Transit, the Bakersfield Chamber of Commerce, the Bakersfield Convention and Visitors Bureau, the Downtown Business Association (DBA)/ Downtown Business Development Corporation (DBDC), community leaders, local elected officials, neighborhood interest groups, the local private development community, impacted property owners, local businesses, Downtown business vendors, local hospitals, local education providers, other public agencies, affected transit agencies, and Caltrans) and traditionally underserved communities (women, elderly, youth, minorities, and immigrants) will be engaged through various outreach efforts and strategies. The Community Outreach Strategy may include, but is not limited to: 1. Identification of stakeholders and strategies to communicate with the stakeholders 2. Communication and education tools 3. Communication and education forums (workshops, charrettes, open houses, stakeholder interviews) 4. Creation of a HSR Stakeholder Committee Downtown Bakersfield High Speed Rail Station Area Plan Page 2 of 8 0612$117 CC A EN A PACKET FAG 478 5. Notice and presentation materials 6. Project Website and social media communications 7. Online communication /education tools 8. Branding for the overall planning process 9. Visualization strategies for concept design and community engagement Community and Stakeholder Education. The educational component of this Community Outreach Strategy will emphasize best practices in numerous areas such as active transportation and complete streets ideologies, first mile / last mile concepts, pedestrian -scale design, Transit - Oriented Development (TOD), multimodal connectivity, economic development, marketing, infrastructure development, access, and sustainability. Milestone 2 Deliverables Deliverables Timeline 2.1 Establish HSR Stakeholder Committee Within 3 months 2.2 Community Outreach Strategy and Education Plan Within 3 months 2.3 Public Visioning Workshops Within 4 months 2.4 Public Kick -Off Meeting Within 7-9 months 2.5 Community Meeting #2 Within -1417 months 2.6 Community Engagement On -going MILESTONE 3: HSR STATION AREA VISION PLAN A Vision Plan will be developed for the HSR Station Area. The Vision Plan will consist of several components: 1. Vision Statement - Overall Community vision for the development of the HSR Station Area including the goals of the area regarding: community development objectives, urban design, sustainability, and HSR - related multi -modal connectivity; 2. Existing Conditions Analysis - Review of the current state of infrastructure (including utilities, roads), land use, transportation, and concurrent city efforts in the HSR Station Area; 3. Peer City Case Study - Evaluate and research three to five municipalities that have, or plan on integrating HSR into their respective city land use and mobility plans; 4. Up to three potential urban design Alternative Scenarios; and, 5. Preferred Vision Plan for the Station Area. The Scenarios will integrate urban form, transportation and infrastructure. They will include design options that embrace the City's identity and define the station's function as a gateway. Attention will be paid to design scenarios that enhance the existing area, account for existing constraints, and mitigate negative impacts to the extent feasible. The development of the Vision Plan will be closely linked with the other Milestones and Tasks in the Scope of Work. Extensive community outreach and engagement (Milestone 2) will be used to develop the Vision Statement, goals, and draft Alternative Scenarios. Downtown Bakersfield High Speed Rail Station Area Plan Page 3 of 8 0612$117 CC A EN A PACKET FAG 479 Milestones 4 and 5 will undertake transportation and economic analysis that will both inform the final Vision Plan and the Implementation Strategy and Next Steps Outline. A quantitative and qualitative methodology (including, meeting project goals, public input, optimizing economic output, and mitigating environmental impacts) will be developed to develop the Preferred Scenario. Milestone 3 Deliverables Deliverables Timeline 3.1 HSR Station Area Vision Statement (include community goals) Within 4 months 3.2 Existing Conditions Report (infrastructure, land Within 5 months use, transportation) 3.3 Peer Cities Case Studies Within 5 months 3.4 Draft Station HSR Station Area Alternative Scenarios (include development, transportation, Within 7 months and urban design components) 3.5 Final Vision Plan including selection of Preferred Scenario Within -1419 months 3.6 Project Administration On -going MILESTONE 4: MULTIMODAL CONNECTIVITY STATION ACCESS AND PARKING PLANNING A multi -modal connectivity plan for Downtown Bakersfield and the HSR Station will be created. It will follow the best practices for multimodal infrastructure planning found in the Federal Rail Administration (FRA) guidelines, and /or similar guidance, as identified by the City and the City's consultant team. The transportation and access plan will be consistent with and supportive of the Authority's station access guidance and modal hierarchy. It will also address improved access from all directions and all modes with the highest consideration for safety, especially for vulnerable travelers. The Multi -Modal Connectivity Plan will also include a proposal for specific updates to the 2012 Metro Bakersfield Long -Range Transit Plan (for both Golden Empire Transit and Kern Transit), and the 2013 Bakersfield Bicycle Transportation Plan. The proposal will include recommended amendments to figures and text affected by the HSR SAP's preferred scenario. If possible, the Plan will also take into account information from the Kern Region Active Transportation Plan that is scheduled to be complete by June 2016. The Plan may also use studies, computer visualizations and other planning documents prepared by Kern COG to help identify needed updates. Station area transportation and station access will be analyzed for the Alternative Scenarios identified in Milestone 3. Analysis of the scenarios will incorporate the interrelationship between active transportation access, transit access and automobile access, to determine a balance of movement that can best leverage the HSR investment for Bakersfield. The components of the analysis may include, but are not limited to: • Complete Streets analysis, designations, and other streetscape improvements that strategically support the HSR station Downtown Bakersfield High Speed Rail Station Area Plan Page 4 of 8 0612$117 CC A EN A PACKET FAG • Identification of future transportation circulation and infrastructure needs • City of Bakersfield transportation policy recommendations • Examination of potential regional transit connectivity improvements Circulation and Parking Recommendations and other strategic mobility investments will be developed for the Final Vision Plan and Preferred Scenario defined in Milestone 3 adjacent to the HSR station and other strategic corridors within the study area. Milestone 4 Deliverables Deliverables Timeline 4.1 Multi -modal Access, Circulation and Within 5 months practice case studies of finance & marketing Within 5 months Connectivity Analysis and Report 4.2 Parking Analysis and Demand Management Within 7 months Scenarios Within 7 months Report Within 419 months 4.3 Circulation and Parking Recommendations 5.4 Project Administration Within 4 -4-19 months Report 4.4 Project Administration On-going MILESTONE 5: ECONOMIC, REAL ESTATE, AND FISCAL PLANNING Evaluate the current Bakersfield real estate market and forecast demand for key land uses with the incremental development of a new Bakersfield HSR Station. Provide recommendations for real estate development strategies to attract desired development to the HSR station area in order to achieve desirable economic development and TOD goals. Provide three (3) to five (5) best - practice case studies that apply to the City, including examples of financing and marketing strategies. Prepare a static fiscal revenue analysis for each HSR Station Area Alternative Scenario defined in Milestone 3 in order to move forward with a Preferred Scenario. Then prepare a value capture analysis and fiscal impact analysis for the final Preferred Scenario. Milestone 5 Deliverables Deliverables Timeline 5.1 Real Estate Market Analysis (including best Within 5 months practice case studies of finance & marketing strategies) 5.2 Static Fiscal Revenue Analysis of Alternative Within 7 months Scenarios 5.3 Value Capture and Fiscal Impact Analysis for Within 419 months station area development 5.4 Project Administration On-going MILESTONE 6: IMPLEMENTATION STRATEGY AND NEXT STEPS Develop a framework and strategy for the implementation of the HSR Station Area Plan. These will include policy recommendations, infrastructure needs, economic development tools, and a near term implementation strategy. The Implementation Strategy and Next Steps Outline may include but are not limited to: Downtown Bakersfield High Speed Rail Station Area Plan Page 5 of 8 0612$117 CC A EN A PACKET FAG 481 • Outline for the development of a Downtown Bakersfield Specific Plan • General Plan Amendment suggestions and /or support documents • Outline for the development of Downtown Bakersfield TOD design guidelines • Branding & Wayfinding strategy for HSR Station Area and Downtown Bakersfield • Recommendations for the creation of incentives /options /structures for the HSR Station Area • Bakersfield Zoning Ordinance (Title 17) revision recommendations • TOD overlay zone district recommendations Prepare an Infrastructure Needs Analysis, including a list of short -term infrastructure needs and capital improvement projects to support the development around the HSR Station Area, as well as documentation of supporting preliminary costs, funding sources, and potential phasing strategies. Prepare a comprehensive Economic Development Strategy for the HSR station area in Downtown Bakersfield will analyze the potential to attract new industries, businesses, and employment near and adjacent to the City of Bakersfield's HSR Station and within the HSR Station area. Finally, a Monitoring Program will be developed to assist the City and community track and measure progress towards realizing the HSR Station Area Plan. Milestone 6 Deliverables Deliverables Timeline 6.1 Implementation and Next Steps Plan Within 198 months Outline and Support Documents 6.2 Infrastructures Needs Analysis (short -term needed improvements list and implementation Within 198 months strategy) 6.3 Downtown Bakersfield Economic Development Strategy (including Within 198 months development of districting and linkage concepts) 6.4 Monitoring Program (for Implementation of Within 198 months HSR Station Area Plan goals and objectives 6.5 Project Administration On -going MILESTONE 7: CEQA FOCUSED ENVIRONMENTAL IMPACT REPORT (EIR) The Project Consultant shall Prepare, Circulate and Finalize an Environmental Impact Report (EIR) for the HSR Station Area Plan. The EIR and related environmental analysis shall be prepared in accordance with the requirements of the California Environmental Quality Act (CEQA), with the City's CEQA Implementation Procedures and Thresholds of Significance and adopted Environmental Checklist Form, and all parameters specified in the RFP circulated for this project. These criteria are to be used in assessing the significance of both project -level and cumulative -level environmental effects. The EIR will focus primarily on proposed physical changes to the high speed rail station area, as identified in the HSR SAP, and the potential environmental impacts resulting Downtown Bakersfield High Speed Rail Station Area Plan Page 6 of 8 0612$117 CC A EN A PACKET FAG 482 from potential physical improvements that may result from the project; with attention paid to the potential for increased density and intensity of uses. As appropriate, the policies and actions of the City's General Plan and new policies from the Bakersfield High Speed Rail Station Area Plan will be identified as mitigating factors for possible impacts. The EIR will be prepared to: • Streamline TOD and other development projects in the study area • Minimize exposure to potential future litigation • Insulate the HSR Station Area Plan process from other on -going planning studies (standalone versus tiering off existing EIR for transportation focused CAHSR EIR) Environmental & Technical Studies. The consultant shall prepare any additional necessary technical and environmental studies to support the EIR, based on City of Bakersfield guidelines. Each consultant - prepared study shall be reviewed for adequacy by Planning and other City staff. The City will advise the consultant on necessary revisions and /or additional analysis and the consultant shall make the revisions as noted. City staff to be included in the following: a. Development of assumptions for the required reports. b. Development of range of project alternatives for analysis. c. Development of list of projects to be included in the analysis of cumulative impacts. Draft EIR Publication. When publishing the Draft EIR for public review, the consultant will include any textual changes to any plans or ordinances and any support studies or reports as appendices. Reproduction and distribution of the Draft EIR via Certified Mail will be the responsibility of the consultant. A mailing list and a specific Draft EIR Distribution Instructions will be provided by the Planning Division. At minimum, distribution is expected to be 100 CDs of complete Draft EIR (Volume 1 and subsequent volumes (technical appendices)) for distribution; 15 printed hybrid copies of the Executive Summary attached to 15 additional DEIR CDs that includes appendices and 15 printed copies of the NOC form; 25 comb -bound printed hybrid copies (hard copy of Volume 1 with a CD of Volume 1 and subsequent volumes), 2 hybrid copies that are tabbed and in binders, and 2 full copies of the entire DEIR (including technical appendices) that are tabbed and in binders to Planning Staff. Detailed instructions on exact number of copies will be provided in an official memo prior to the distribution of the Draft EIR. Response to Comments. Following public review of the Draft EIR, the consultant will prepare written responses to any comment letters received by Staff concerning the Draft EIR which may include the incorporation and development /clarification of identified mitigation measures. The consultant will also make any changes to the Draft EIR as deemed necessary by Staff. The Planning Division will review and comment on each aspect of the Draft EIR, as necessary, prior to finalization of the Draft EIR and Response to Comments by the consultant. As part of the Response to Comments (Final EIR) the consultant will prepare for consideration by the City of Bakersfield Planning Downtown Bakersfield High Speed Rail Station Area Plan Page 7 of 8 0612$117 CC A EN A PACKET FAG 483 Commission and City Council appropriate Mitigation Measure Monitoring Program and findings pursuant to CEQA Sections 15091 and 15093 (if necessary). Responses to comments on the Draft EIR will be distributed by the consultant via certified mail, as either a CD or printed (depending on the total number of comments), at least three weeks prior to the Planning Commission's consideration of the EIR to all persons who commented. Additionally, Staff will require up to 30 printed copies of the Response to Comments for internal distribution purposes. It has been the Planning Division's practice to provide the commenting agency or person with the full Response to Comments. As part of the preparation of the Draft EIR and Response to Comments, the consultant will provide all items in the latest version of Microsoft Word and /or PDF to the Planning Division. Administrative Record. The consultant shall be responsible for the preparation, cataloguing, and delivery of the administrative record. A memorandum providing directions will be provided by the Planning Division. Project administration and coordination between the City, consultant team, stakeholders and the public is an on -going deliverable. All document deliverables shall be submitted to the City in Word and PDF formats. Milestone 7 Deliverables Deliverables Timeline 7.1 Administrative Draft EIR (include project description, notice, and kick -off & scoping meetings) Within 20-7 months 7.2 Draft EIR Within 23-14 months 7.3 Final EIR Within 254-9 months 7.4 Project Administration On -going Downtown Bakersfield High Speed Rail Station Area Plan Page 8 of 8 0612$117 CC A EN A PACKET FAG EXHIBIT "D" PROEXT MILESTONES Bakersfield High -Speed Rail Station Area Plan (HSR SAP) Mole Task & Deliverables pate Cost Task 1: Work Plan - Project Management and Project Organization 1.1 Provide Plan: Establish internal Work Planning Team (WPT) 01/2016 1.2 Internal Meeting: Internal Project Kick -Off Meeting; Consultant Provide Summary 01/2016 1 1.3 Provide Plan: Project Work Plan (including detailed plan for completion of items laid 01/2016 out in the final Scope of Work; in accordance with Milestones) $60,000 1.4 Ongoing: Use local businesses /consultants to assist with specific Project Tasks, where feasible (not to exceed $15,000) On -going 1.5 Ongoing: Project Administration On -going Task 2: Community Outreach and Stakeholder Education 2.1 Provide Plan: Establish HSR Stakeholder Committee 02/2016 2.2 Provide Plan: Community Outreach Strategy and Community Education Plan 02/2016 2.3 Public Meeting: Coordinate /Attend Public Visioning Workshops 03/2016 2 2.4 Public Meeting: Coordinate /Attend Public Kick -Off Meeting 0698 J 20 $155,000 16 2.5 Public Meeting: Coordinate /Attend Community Meeting #2 04 20 17r& 2.6 Ongoing: Community Engagement (as needed workshops, charrettes, other meetings) On -going Task 3: HSR Station Area Vision Plan 3.1 Provide Report: HSR SAP Vision Statement (including community goals) 03/2016 3.2 Provide Report: Existing Conditions Report for HSR SAP area (including existing 04/2016 infrastructure, land uses, transportation) 3 3.3 Provide Report: Peer Cities Case Study 04/2016 3.4 Provide Plan: Provide I" Draft HSR Station Area Scenarios (development, 06/ 2016 $110,000 transportation, urban design) 3.5 Provide Plan: Final Vision Plan (including selection of Preferred Scenario) 06 / 2017 3.6 Ongoing: Project Administration On -going Task 4: Multimodal Connectivity Station Access and Parking Planning 4.1 Provide Report: Multi -Modal Access, Circulation, and Connectivity Analysis & Report 4 (including recommended updates to 2012 Metro Bakersfield Long -Range Transit Plan 04/2016 and 2013 Bakersfield Bicycle Transportation Plan) $70,000 4.2 Provide Report: Existing Parking and Demand Analysis & Report 06/2016 Page 1 of 2 0612$117 CC A EN A PACKET FAG 485 Page 2 of 2 0612$117 CC A EN A PACKET FAG 486 4.3 Provide Report: Circulation and Parking Recommendations Report 1006 20176 4.4 Ongoing: Project Administration On -going TASK 5: Economic, Real Estate, Fiscal and Financial Planning 5.1 Provide Report: Real Estate Market Analysis (including Best Practice Case Studies of 04/2016 Finance /Marketing Strategies) 5 5.2 Coordinated Effort: Static Fiscal Revenue Analysis of Alternative Scenarios 06/2016 $122,500 06 5.3 Provide Report: Value Capture & Fiscal Impact Analysis for HSR SAP development 2017 5.4 Ongoing: Project Administration On -going Task 6: Implementation Strategy and Next Steps 6.1 Provide Plan: Final Draft of HSR SAP (including implementation and Next Steps 9426 strategy and support documents) 2017 6.2 Provide Report: Infrastructures Needs Analysis (including short -term improvements 9-5Q6 list and implementation strategy) 2017 6 6.3 Provide Plan: Downtown Bakersfield Economic Development Plan (including 9-5Q6 $110,000 districting & linkage concepts and branding & way- finding) 2017 6.4 Provide Program: Monitoring Program 06 2017 6.5 Ongoing: Project Administration On -going Task 7: CECIA 7.1 Administrative Draft EIR (including project description, notice, and kick -off & scoping Q&Q7 meetings) 20174 10/ 7 7.2 Draft EIR 20170 $122,500 12 / 7.3 Provide Program: Final EIR 2017 7.4 Ongoing: Project Administration On -going totes: Final ARRA Inveicing Deadline: 3/1/2017 TOTAL PROJECT BUDGET: $750,000 Page 2 of 2 0612$117 CC A EN A PACKET FAG 486 A: Liberty Mutual F INSURED SKIDMORE, OWINGS & MERRILL LLP 1341520 14 WALL STREET NEW YORK, NY 10005 HAND, GLINNAR COVERAGES _ ........... THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MMIDD/YYYY LIMITS • X COMMERCIALGENERALLIABILITY CLAIMS -MADE „}{ OCCUR CROSS LIABILITY Y N TB2- 641 - 444461 -026 9/30/2016 9/30/2017 EACH OCCURRENCE $ 1,000,000 PREMISES ( occurrence $ 300,000 X GEN'L MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1 000 O0O AGGREGATE LIMIT APPLIES PER: POLICY II JEROCT h LOC OTHER: GENERAL AGGREGATE $ 2 OOO O0O PRODUCTS - COMP /OP AGG $ 2,000,000 $ • AUTOMOBILE X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY Ex AUTOS ONLY Y N AS2 -641- 444461 -036 9/30/2016 9/30/2017 OMBIiEDl SINGLE LIMIT $ 1.000.000 BODILY INJURY (Per person) $ xxxxxxx BODILY INJURY (Per accident) $ XXXXXXx PROPERTY DAMAGE per accident $ Xxxxxxx $xxxxxxx UMBRELLA LIAB EXCESS LIAR HCLAIMS-MADE OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXxxx AGGREGATE $ XxxxxxX DED I RETENTION$ $ XXXxxxX B WORKERS COMPENSATION AND EMPLOYERTLIABILITY YIN ANY PROPRIETOR /PARTNER /EXECUTIVE OFFICER /MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A Y WC5- 641 - 444461 -016 9/30/2016 9/30/2017 PER O7H- X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 000 000 E.L. DISEASE - POLICY LIMIT $ 1 QQQ QQQ C ARCHITECTS & ENGINEERS PROFESSIONAL LIABILITY N N LDUSA1601$64 9/30/2016 9/30/2017 $1,000,000 PER CLAIM & IN THE AGGREGATE. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER, APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S) REFERENCED, DOWNTOWN BAKERSFIELD HIGH SPEED RAIL STATION AREA PLAN; 216014 -100. THE CITY OF BAKERSFIELD AND ITS MAYOR, COUNCIL, OFFICERS, AGENTS, EMPLOYEES, AND DESIGNATED VOLUNTEERS ARE ADDITIONAL INSUREDS AS RESPECTS TO GENERAL AND AUTO LIABILITY, THESE COVERAGES ARE PRIMARY AND NON - CONTRIBUTORY AS REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES TO WORKERS COMPENSATION WHERE ALLOWED BY STATE LAW AND AS REQUIRED BY WRITTEN CONTRACT. THIRTY DAYS NOTICE OF CANCELLATION, EXCEPT FOR NON - PAYMENT OF PREMIUM, BY THE INSURER WILL BE PROVIDED TO THE CERTIFICATE HOLDER WITH RESPECT TO THE GENERAL, AUTO, PROFESSIONAL LIABILITY AND WORKERS COMPENSATION POLICIES. • (r 06128117 CC A EN A PACKET FAG 487 POLICY NUMBER: TB2-641-444461-026 COMMERCIAL GENERAL LIABILITY CG 1 10 07 04 POLICY. THIS ENDORSEMENT CHANGES THE PLEASE ♦ D CAREFULLY. ADDITIONAL OWNERS, CONTRACTORS - SCHEDULED PERSON OR =4 1 em,11 MIGIN trot kl ' -afil 9Tq:lZl*1J1 Name Of Additional Insured () Or Location(s) Of Covered Organization(s): Operations Any person or organization with whom you have agreed, through written contract, agreement or permit to provide i io al insured covers e. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, includina materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 0612$117 CC A EN A PACKET FAG 488 POLICY NUMBER: TB2- 641 - 444461 -026 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Location(s) Of Covered Operations Organization(s): Any person or organization to whom or to which you are required to provide additional insured status in a written contract, agreement or permit except where such contract or agreement is prohibited. Any location where you have agreed, through written contract, agreement or permit, to provide additional insured coverage for completed operations. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury" or property damage �� caused, in whole or in part, by your work at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products- completed operations hazard ". CG 20 37 07 04 © ISO Properties, Inc., 2004 Miscellaneous Attachment: M501577 Certificate ID: 13742820 0612$117 CC A EN A PACKET FAG 489 WAIVER • OUR RIGHT TO RECOVER FROM OTHERS ENDO- - . INIM, 1111111 IM11,1110w I I I I I - I W-61'.111 .9 -- I -I w rk described in the Schedule. LTAIM-73M i I I , - 06128117 CC AGENDA PACKET PG 490 STATE OF CALIFORNIA STANDARD AGREEMENT AMENDMENT STD. 213 A (Rev 6/03) CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED Pages AGREEMENT NUMBER HSR15 -22 REGISTRATION NUMBER eP1446606 4. The parties mutually agree to this amendment as follows. All actions noted below are by this reference made a part of the Agreement and incorporated herein: 1. STD 213, Section 2 is amended to extend the term 9 (nine) months and shall read as follows: "The term of this Agreement is September 23, 2015 through March 31, 2018" 2. Exhibit B, Budget Detail and Payment Provisions, Section 2.1.1 is replaced in its entirety and shall read as follows: "2.1.1 Time is of the essence with regard to completing tasks and using ARRA funding. Because of federal funding eligibility restrictions, the City must submit to the Authority invoices with total eligible cost to draw down the ARRA funds. For invoices submitted after March 1, 2017 the Authority will continue to reimburse the City up to the total amount as stated on the STD 213A. No payment shall be made in advance of services rendered." All other terms and conditions shall remain the same. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (If other than an individual, state whether corporation, partnership, etc.) City of Bakersfield BY (Authorized ' atyre) I DATE SJGN !Dn nht tvnral Ii1�1t►J113•L`; Alan Tandy, City Manager ADDRESS 1600 Truxtun Avenue, 5`h Floor, Bakersfield, CA 93301 STATE OF CALIFORNIA AGENCY NAME California High-Speed Rail Authority BY (Authorized Signature) DATE SIGNED (Do not type) .Ei PRINTED NAME AND TITLE OF PERSON SIGNING Frank Vacca, Chief of Rail Operations ADDRESS 770 L Street, Suite 620 M/S 1, Sacramento, CA 95814 Department of General Services Use Only ❑ Exempt per: 0612$117 CC AGENDA PACKET FAG 491 BOARD MEMBERS Dan Richard CHAIR Thomas Richards VICE CHAIR Ernest M. Camacho Daniel Curtin Bonnie Lowenthal Lorraine Paskett Michael Rossi Lynn Schenk EX- OFFICIO BOARD MEMBER Honorable Jim Beall Jeff Morales CHIEF EXECUTIVE OFFICER EOMUPW G. BROWN M GOVERNOR March 29, 2017 Jacquelyn Kitchen, Community Development Director City of Bakersfield 1715 Chester Avenue Bakersfield, CA 93301 Subject: Bakersfield Station Area Planning agreement number HSR15-22 Dear Ms. Kitchen: The Bakersfield Station Area Planning contract (HSRI 5-22) includes in Exhibit B, Section 2.1.1. the requirement that invoices with total eligible costs from the City of Bakersfield must have been submitted by March 1, 2017. This requirement flowed down from the California High- Speed Rail Authority's (Authority) agreement with its partner, Federal Railroad Administration, and the funding source, the American Recovery and Reinvestment Act of 2009 (ARRA), The Authority is confirming with this letter that invoices may be received after March 1, 2017 and that the Authority will continue to reimburse the City up to the total amount as stated on the Std, 213. All other terms and conditions of the agreement still apply. Sincerely, Melissa Elefante DuMond, AICP Director of Planning and Integration (916) 403-2583 Melissa.DuMorld(ii.'�hsr.ca..)-ov cc: Cecelia Griego (City of Bakersfield) Stuart Mori, Ben Lichty, Desi Malone, Rachel Taylor (High-Speed Rail Authority) 770 L Street, Suite 620, Sacramento, CA 95814 - T: (916) 324-1541 - F: (9161322-0827 - www.h.r r.1 nnv 06128117 CC AGENDA PACKET PIG 492 l ° r e r u � ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Consent - Agreements u. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/11/2017 111_1 V 03 SUBJECT: Amendments to various consultant agreements for additional on -call engineering services for the Capital Improvement Program: 1. Amendment No. 3 to Agreement No. 13 -099 with Meyer Civil Engineering, Inc (no change in compensation and extend term one year). 2. Amendment No. 3 to Agreement No. 13 -100 with Quad Knopf, Inc (no change in compensation and extend term one year). 3. Amendment No. 3 to Agreement No. 13 -101 with Ruettgers & Schuler Civil Engineers (no change in compensation and extend term one year). STAFF RECOMMENDATION: Staff recommends approval of the amendments. BACKGROUND: To expedite delivery of the Capital Improvement Program (CIP) projects, staff advertised a request for qualifications (RFQ) for on -call engineering and surveying services on April 3, 2013. Through a qualification -based selection process, the above three civil engineering firms were chosen to perform these services based on their RFQ submittals. Agreement Nos. 13 -099, 13- 100, and 13 -101 were approved by the City Council on June 26, 2013. Amendment No. 1 for each of the three agreements, approved by Council on May 6, 2015, added $150,000 to each agreement and extended the term to June 30, 2016. The amendments increased the not to exceed compensation for each agreement to $450,000. Amendment No. 2, approved by Council on June 8, 2016, extended the term of each agreement by one year to June 30, 2017. The amendments did not increase the not to exceed compensation amount. These three agreements will expire on June 30, 2017. However, the consultants are still working on various projects that will not be completed by that expiration date. Therefore, proposed amendment No. 3 extends the term of each agreement by one year to allow sufficient time for 0612$117 CC AGENDA PACKET FAG 493 the consultants to complete previously assigned tasks. These amendments do not provide any additional compensation to the consultants as the fees for the various projects have already been approved. In addition, these amendments exclude making any new work assignments available to the consultants. Another agenda item for council consideration includes the three proposed new on-call agreements for Fiscal Years 2017-18 and 2018-19. Project tasks to be assigned to the proposed new agreements are distinct from the specific project tasks assigned to the current agreements. There will be no overlap of project tasks between the three new agreements and three amendments. ATTACHMENTS: Description Type D Amendment No 3 foir IMeyeir CM Eingi'iineeiding /kgireeirneint D Amendment No 3 foir (liad Knopf /kgireeirneint D Amendment No 3 foir RUeftgeirs & SChUer /kgireeirneint 06128117 CC AGENDA PACKET PG 494 AGREEMENT NO. AMENDMENT NO. THREE TO AGREEMENT NO. 13 -099 THIS AMENDMENT NO. THREE TO AGREEMENT NO. 13 -099 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 MEYER CIVIL ENGINEERING, INC., a California corporation (referred to herein as "DESIGN CONSULTANT "). RECITALS WHEREAS, on June 26, 2013, CITY and DESIGN CONSULTANT entered into Agreement No. 13 -099, wherein DESIGN CONSULTANT agreed to provide on call civil engineering and surveying services; and WHEREAS, on May 6, 2015, CITY and DESIGN CONSULTANT entered into Amendment No. 1 to Agreement No. 13 -099; and WHEREAS, on June 8, 2016, CITY and DESIGN CONSULTANT entered into Amendment No. 2 to Agreement No. 13 -099; and WHEREAS, DESIGN CONSULTANT's work on some assigned projects will not be completed before June 30, 2017; and WHEREAS, the CITY desires that DESIGN CONSULTANT provide continuing engineering services for the City towards completion of those projects, which are: • Sewer Lift Station at Monitor Street and White Lane WHEREAS, CITY and DESIGN CONSULTANT desire to extend the term of Agreement No. 13 -099 to June 30, 2018. WHEREAS, this amendment does not include any adjustment in fee compensation under this agreement since CITY has previously approved DESIGN CONSULTANT's fee proposals for providing services on said projects; and WHEREAS, upon execution of this amendment, CITY will not assign any additional projects to DESIGN CONSULTANT under Agreement 13 -099; and AMENDMENT TO AGREEMENT C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \CO8FDBFE- 218A- 47BE -937A- 9684603EB6EE\ PDFConvert .8660.1.Amendment_No.3_to_13- 099- MCE.doc - January 3, 2006 -- Page 1 of 3 Pages -- 6/2$/17 CC AGENDA PACKET FCC 49.E NOW, THEREFORE, incorporating DESIGN CONSULTANT mutually agree follows: the foregoing recitals herein, CITY and to amend Agreement No. 13 -099 as 1. Section 1 of Agreement No. 13 -099 entitled "Scope of Work" is hereby amended to read as follows: 1. SCOPE OF WORK. DESIGN CONSULTANT shall competently and thoroughly design the project set forth in CITY's RFQ. The general scope of work for on call services is described as providing engineering and surveying services to CITY as CITY identifies specific projects for which DESIGN CONSULTANT will provide those on -call services during CITY's Fiscal Year 2013 -2014, Fiscal Year 2014 -2015, Fiscal Year 2015 -2016, Fiscal Year 2016 -2017 and Fiscal Year 2017- 2018. The scope of work shall include all items contained in CITY's RFQ, dated April 3, 2013; CITY's Request for Proposal for a specific project, which is yet to be prepared; and DESIGN CONSULTANT's Proposal prepared for a specific project, which is yet to be prepared. CITY's yet to be prepared Request for Proposal(s) and DESIGN CONSULTANT's yet to be prepared Proposals(s) are incorporated herein by reference as though fully set forth. DESIGN CONSULTANT's services shall include all the procedures necessary to properly complete the task DESIGN CONSULTANT has been called upon to perform, whether specifically included in the scope of work or not. 2. Section 17 of Agreement No. 13 -099 entitled "Term" is hereby amended to read as follows: 17. TERM. Unless terminated sooner as set forth herein, this Agreement shall terminate on June 30, 2018. 3. Except as amended herein, all other provisions of Agreement No. 13 -099 shall remain in full force and effect. AMENDMENT TO AGREEMENT C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \CO8FDBFE- 218A- 47BE -937A- 9684603EB6EE\ PDFConvert .8660.1.Amendment_No.3_to_13- 099- MCE.doc - January 3, 2006 -- Page 2 of 3 Pages -- 6/2$/17 CC AGENDA PACKET FCC 496 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. Three to Agreement No. 13 -099 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: ANDREW HEGLUND Deputy City Attorney II Insurance: COUNTERSIGNED: By: NELSON SMITH Finance Director "DESIGN CONSULTANT" MEYER CIVIL ENGINEERING, INC. By: Title: AMENDMENT TO AGREEMENT C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \CO8FDBFE- 218A- 47BE -937A- 9684603EB6EE\ PDFConvert .8660.1.Amendment_No.3_to_13- 099- MCE.doc - January 3, 2006 -- Page 3 of 3 Pages -- 6/2$/17 CC AGENDA PACKET FCC 497 AGREEMENT NO. AMENDMENT NO. THREE TO AGREEMENT NO. 13 -100 THIS AMENDMENT NO. THREE TO AGREEMENT NO. 13 -100 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 QUAD KNOPF, INC., a California corporation (referred to herein as "DESIGN CONSULTANT "). RECITALS WHEREAS, on June 26, 2013, CITY and DESIGN CONSULTANT entered into Agreement No. 13 -100, wherein DESIGN CONSULTANT agreed to provide on call civil engineering and surveying services; and WHEREAS, on May 6, 2015, CITY and DESIGN CONSULTANT entered into Amendment No. 1 to Agreement No. 13 -100; and WHEREAS, on June 8, 2016, CITY and DESIGN CONSULTANT entered into Amendment No. 2 to Agreement No. 13 -100; and WHEREAS, DESIGN CONSULTANT's work on some assigned projects will not be completed before June 30, 2017; and WHEREAS, the CITY desires that DESIGN CONSULTANT provide continuing engineering services for the City towards completion of those projects, which are: • Amtrak Solar and Parking Lot Improvements • Sewer Lift Station Rehabilitation: Alfred Harrell and Brandon Park • Storm Lift Station Rehabilitation: Chester Avenue at 32nd Street. • QSP Services for Bakersfield Sports Village Phase III WHEREAS, CITY and DESIGN CONSULTANT desire to extend the term of Agreement No. 13 -100 to June 30, 2018. WHEREAS, this amendment does not include any adjustment in fee compensation under this agreement since CITY has previously approved DESIGN CONSULTANT's fee proposals for providing services on said projects; and WHEREAS, upon execution of this amendment, CITY will not assign any additional projects to DESIGN CONSULTANT under Agreement 13 -100; and AMENDMENT TO AGREEMENT C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \8222338D- 856C- 4B8D -9C2D- 03C69498E9F0\ PDFConvert .8661.1.Amendment_No.3_to_13- 100- Quad_Knopf.doc - January 3, 2006 -- Page 1 of 3 Pages -- 6/2$/17 CC AGENDA PACKET FCC 498 NOW, THEREFORE, incorporating DESIGN CONSULTANT mutually agree follows: the foregoing recitals herein, CITY and to amend Agreement No. 13 -100 as 1. Section 1 of Agreement No. 13 -100 entitled "Scope of Work" is hereby amended to read as follows: 1. SCOPE OF WORK. DESIGN CONSULTANT shall competently and thoroughly design the project set forth in CITY's RFQ. The general scope of work for on call services is described as providing engineering and surveying services to CITY as CITY identifies specific projects for which DESIGN CONSULTANT will provide those on -call services during CITY's Fiscal Year 2013 -2014, Fiscal Year 2014 -2015, Fiscal Year 2015 -2016, Fiscal Year 2016 -2017 and Fiscal Year 2017- 2018. The scope of work shall include all items contained in CITY's RFQ, dated April 3, 2013; CITY's Request for Proposal for a specific project, which is yet to be prepared; and DESIGN CONSULTANT's Proposal prepared for a specific project, which is yet to be prepared. CITY's yet to be prepared Request for Proposal(s) and DESIGN CONSULTANT's yet to be prepared Proposals(s) are incorporated herein by reference as though fully set forth. DESIGN CONSULTANT's services shall include all the procedures necessary to properly complete the task DESIGN CONSULTANT has been called upon to perform, whether specifically included in the scope of work or not. 2. Section 17 of Agreement No. 13 -100 entitled "Term" is hereby amended to read as follows: 17. TERM. Unless terminated sooner as set forth herein, this Agreement shall terminate on June 30, 2018. 3. Except as amended herein, all other provisions of Agreement No. 13 -100 shall remain in full force and effect. AMENDMENT TO AGREEMENT C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \8222338D- 856C- 4B8D -9C2D- 03C69498E9F0\ PDFConvert .8661.1.Amendment_No.3_to_13- 100- Quad_Knopf.doc - January 3, 2006 -- Page 2 of 3 Pages -- 6/2$/17 CC AGENDA PACKET FCC 499 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. Three to Agreement No. 13 -100 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD By: By:_ KAREN GOH Mayor Title: APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney II COUNTERSIGNED: Insurance: NELSON SMITH Finance Director "DESIGN CONSULTANT" QUAD KNOPF, INC. AMENDMENT TO AGREEMENT C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \8222338D- 856C- 4B8D -9C2D- 03C69498E9F0\ PDFConvert .8661.1.Amendment_No.3_to_13- 100- Quad_Knopf.doc - January 3, 2006 -- Page 3 of 3 Pages -- 6/2$/17 CC AGENDA PACKET FCC 500 AGREEMENT NO. AMENDMENT NO. THREE TO AGREEMENT NO. 13 -101 THIS AMENDMENT NO. THREE TO AGREEMENT NO. 13 -101 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 RUETTGERS & SCHULER CIVIL ENGINEERS, a partnership (referred to herein as "DESIGN CONSULTANT "). RECITALS WHEREAS, on June 26, 2013, CITY and DESIGN CONSULTANT entered into Agreement No. 13 -101, wherein DESIGN CONSULTANT agreed to provide on call civil engineering and surveying services; and WHEREAS, on May 6, 2015, CITY and DESIGN CONSULTANT entered into Amendment No. 1 to Agreement No. 13 -101; and WHEREAS, on June 8, 2016, CITY and DESIGN CONSULTANT entered into Amendment No. 2 to Agreement No. 13 -101; and WHEREAS, DESIGN CONSULTANT's work on some assigned projects will not be completed before June 30, 2017; and WHEREAS, the CITY desires that DESIGN CONSULTANT provide continuing engineering services for the City towards completion of those projects, which are: • Street Improvements: Hosking Ave from Monitor St to Union Ave • Street Improvements: Stine Rd from Ryzona St to McCutchen Rd • Right of Way Acquisitions: Wible Rd from Hosking Ave to Berkshire Rd • Plats & Legals: El Toro Viejo at BNSF Railroad • Plats & Legals: White Lane at West Beltway • PG &E Easements for Stine Road Rule 20A WHEREAS, CITY and DESIGN CONSULTANT desire to extend the term of Agreement No. 13 -101 to June 30, 2018. WHEREAS, this amendment does not include any adjustment in fee compensation under this agreement since CITY has previously approved DESIGN CONSULTANT's fee proposals for providing services on said projects; and WHEREAS, upon execution of this amendment, CITY will not assign any additional projects to DESIGN CONSULTANT under Agreement 13 -101; and AMENDMENT TO AGREEMENT C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \D3A02299 - 0269- 47B3 -93D8- 45043CBD6E 1 D\ PDFConvert .8662.1.Amendment_No.3_to_13- 101 - Ruettgers.doc - January 3, 2006 -- Page 1 of 3 Pages -- 6/2$/17 CC AGENDA PACKET FCC 501 NOW, THEREFORE, incorporating DESIGN CONSULTANT mutually agree follows: the foregoing recitals herein, CITY and to amend Agreement No. 13 -101 as 1. Section 1 of Agreement No. 13 -101 entitled "Scope of Work" is hereby amended to read as follows: 1. SCOPE OF WORK. DESIGN CONSULTANT shall competently and thoroughly design the project set forth in CITY's RFQ. The general scope of work for on call services is described as providing engineering and surveying services to CITY as CITY identifies specific projects for which DESIGN CONSULTANT will provide those on -call services during CITY's Fiscal Year 2013 -2014, Fiscal Year 2014 -2015, Fiscal Year 2015 -2016, Fiscal Year 2016 -2017 and Fiscal Year 2017- 2018. The scope of work shall include all items contained in CITY's RFQ, dated April 3, 2013; CITY's Request for Proposal for a specific project, which is yet to be prepared; and DESIGN CONSULTANT's Proposal prepared for a specific project, which is yet to be prepared. CITY's yet to be prepared Request for Proposal(s) and DESIGN CONSULTANT's yet to be prepared Proposals(s) are incorporated herein by reference as though fully set forth. DESIGN CONSULTANT's services shall include all the procedures necessary to properly complete the task DESIGN CONSULTANT has been called upon to perform, whether specifically included in the scope of work or not. 2. Section 17 of Agreement No. 13 -101 entitled "Term" is hereby amended to read as follows: 17. TERM. Unless terminated sooner as set forth herein, this Agreement shall terminate on June 30, 2018. 3. Except as amended herein, all other provisions of Agreement No. 13 -101 shall remain in full force and effect. AMENDMENT TO AGREEMENT C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \D3A02299 - 0269- 47B3 -93D8- 45043CBD6E 1 D\ PDFConvert .8662.1.Amendment_No.3_to_13- 101 - Ruettgers.doc - January 3, 2006 -- Page 2 of 3 Pages -- 6/2$/17 CC AGENDA PACKET FCC 502 IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. Three to Agreement No. 13 -101 to be executed the day and year first above written. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney II COUNTERSIGNED: Insurance: NELSON SMITH Finance Director "DESIGN CONSULTANT" RUETTGERS & SCHULER CIVIL ENGINEERS Title: AMENDMENT TO AGREEMENT C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \D3A02299 - 0269- 47B3 -93D8- 45043CBD6E 1 D\ PDFConvert .8662.1.Amendment_No.3_to_13- 101 - Ruettgers.doc - January 3, 2006 -- Page 3 of 3 Pages -- 6/2$/17 CC AGENDA PACKET FCC 503 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Consent -Bids v. TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 6/28/2017 iTiff-11 1.1 SUBJECT: Reject all bids for Sewer Lift Station at Monitor Street and White Lane Project. STAFF RECOMMENDATION: Staff recommends the rejection of all bids, re-evaluation of the design, and re-bidding the project. BACKGROUND: This project includes the replacement of an existing sewage lift station. Work components include, but are not limited to: the installation and maintenance of temporary bypass pumping; abandonment of existing sewer trunk line; reconstruction of manholes; construction of new sewer and force main, and manholes; construction of new sewer lift station complete with all appurtenances; construction of lift station site improvements such as masonry block wall, curb, gutter, and sidewalk, chain link fence, grading and aggregate base surfacing; installation of electrical complete with standby generator and coordination with the utility company; the furnishing and installation of a maintenance shed; testing and adjusting of equipment; and demolition of existing lift station. On June 1, 2017, the City received three bids for said project, all of which were significantly higher than the engineer's estimate of $1,169,000. After analysis of the bids, staff determined the high costs were associated with the specified pumps and electrical equipment, along with increased costs for converting from overhead to underground electrical service plus extending the service a significant length to the new lift station. The bids were as follows: GSE 6950 Preston Avenue in the amount of $1,967,589 Livermore, CA 94551 Specialty Construction, Inc. 645 Clarion Court San Luis Obispo, CA 93401 in the amount of $1,988,426 06128117 CC AGENDA PACKET PG 504 Pyramid Building & Engineering 10975 G Avenue in the amount of $2,689,398 Hesperia, CA 92345 Staff recommends the rejection of all bids with the intent to re-design and re-bid the project. Staff will meet with the design consultant to determine other cost effective measures such as considering alternate wet well and pump configurations. Staff will also reach out to the various bidders to get other ideas for reducing the costs of the project. 06128117 CC AGENDA PACKET PG 505 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Consent- Bids w. TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: 6/15/2017 iTiff-11 1.1 SUBJECT: Accept bid and approve contract with Southwest Lift & Equipment, Inc., ($115,520) to replace a vehicle lift for the Fleet Division at the Corporation Yard. STAFF RECOMMENDATION: Staff recommends acceptance of the bid and approval of the contract. BACKGROUND: Bids were solicited for an in-ground vehicle lift capable of lifting 64,000 pounds at the Corporation Yard Fleet Services Division. One bid was received in response to the solicitation. This vehicle lift replaces an outdated two-column lift system that has experienced breakdowns and is dependent on one source for repair. The new lift will be more dependable and allows staff to service and repair medium to heavy-duty vehicles in a safer manner. Staff finds the bid submitted by Southwest Lift & Equipment, Running Springs, CA, acceptable and recommends approval of the contract in the amount of $115,520. Funds are budgeted in the Public Works Capital Improvement budget for this contract. There is no General Fund impact associated with this contract. ATTACHMENTS: Description D /kgireeirneint Type /kgireeirneint 06128117 CC AGENDA PACKET PG 5 06 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 SOUTHWEST LIFT & EQUIPMENT, INC., (a California Corporation) ( "CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of equipment lifts; and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to employ CONTRACTOR to furnish and install 64K two post in ground lift ( "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 furnishing and installing a 64K two post in ground lift (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 -97 1.2.2. Special Provisions 1.2.3. Bid Security CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \84E36929- 185D- 49E2 -A2A9- 7B1BF8ED92EA \PDFConvert.8685.1.Furnish and Install 64K Two Post In—Ground—Lift 16 -17 -97 Southwest Lift.docx June 15, 2017 -- Page 1 of 11 Pages -- 6/2$/17 CC AGENDA PACKET IBC 507 1.2.4. Bid Proposal 1.2.5. Non - collusion affidavit 1.2.6. Workers Compensation Insurance Certification 1.2.7. Statement of OSHA Compliance 1.2.9 Bidders Statement Regarding Insurance Coverage 1.2.10. Performance Bond 1.2.11. Material and Labor Bond 1.2.12. Letters of transmittal, if any 1.2.13. All provisions required by law to be inserted in this Contract whether actually inserted or not. 1.2.14. Current State of California DAS 140 Form (if required by Specifications) 1.2.15. DIR 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 ONE HUNDRED FIFTEEN THOUSAND FIVE HUNDRED TWENTY DOLLARS ($115,520) in accordance with the bid documents. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. Unless otherwise required by State law, a five percent (5 %) retention shall be withheld from payments to CONTRACTOR by CITY. The five percent (5 %) retention required by the Bakersfield Municipal Code shall be released after the appropriate statutes have expired and all liens and stop payment notices have been cleared. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered in accordance with the Special Provisions applicable to this Project. 4. SCHEDULING. When required by CITY in contract bid documents, or upon reasonable notice, CONTRACTOR shall supply CITY with scheduling documents showing all information in a form requested by CITY. CONTRACTOR's scheduling personnel shall have experience in and be knowledgeable in scheduling. CITY may require CONTRACTOR to supply the schedule on programs named by CITY (Microsoft Project for example), and may require said schedules to be undated or revised on a regular basis. CITY may require recovery schedules if CONTRACTOR falls behind the Project schedule. CITY's review or comment on the schedule shall not constitute acceptance thereof. 5. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. CONSTRUCTION PROJECTS AGREEMENT \kb C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \84E36929- 185D- 49E2 -A2A9- 7B1BF8ED92EA \PDFConvert.8685.1. Furnish and—Install-64K Two Post In—Ground—Lift 16 -17 -97 Southwest Lift.docx June 15, 2017 -- Page 2 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 508 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 ($40,000.00), such modification must be approved by the City Council. 9. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 11. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified CONSTRUCTION PROJECTS AGREEMENT \kb C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \84E36929- 185D- 49E2 -A2A9- 7B1BF8ED92EA \PDFConvert.8685.1. Furnish and—Install-64K Two Post In—Ground—Lift 16 -17 -97 Southwest Lift.docx June 15, 2017 -- Page 3 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 509 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 ($1,000,000) per occurrence; and the policy shall: CONSTRUCTION PROJECTS AGREEMENT \kb C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \84E36929- 185D- 49E2 -A2A9- 7B1BF8ED92EA \PDFConvert.8685.1. Furnish and—Install-64K Two Post In—Ground—Lift 16 -17 -97 Southwest Lift.docx June 15, 2017 -- Page 4 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 51 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 ($1,000,000) per accident; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 13.4. All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. 13.5. Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 13.6. Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All CONSTRUCTION PROJECTS AGREEMENT \kb C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \84E36929- 185D- 49E2 -A2A9- 7B1BF8ED92EA \PDFConvert.8685.1. Furnish and—Install-64K Two Post In—Ground—Lift 16 -17 -97 Southwest Lift.docx June 15, 2017 -- Page 5 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 511 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. 15. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, CONSTRUCTION PROJECTS AGREEMENT \kb C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \84E36929- 185D- 49E2 -A2A9- 7B1BF8ED92EA \PDFConvert.8685.1.Furnish and—Install-64K Two Post In—Ground—Lift 16 -17 -97 Southwest Lift.docx June 15, 2017 -- Page 6 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 512 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 subcontracts at its sole discretion. CONSTRUCTION PROJECTS AGREEMENT \kb C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \84E36929- 185D- 49E2 -A2A9- 7B1BF8ED92EA \PDFConvert.8685.1.Furnish and—Install-64K Two Post In—Ground—Lift 16 -17 -97 Southwest Lift.docx June 15, 2017 -- Page 7 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 513 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 PUBLIC WORKS DEPARTMENT 1600 Truxtun Avenue Bakersfield, California 93301 CONSTRUCTION PROJECTS AGREEMENT \kb C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \84E36929- 185D- 49E2 -A2A9- 7B1BF8ED92EA \PDFConvert.8685.1. Furnish and—Install-64K Two Post In—Ground—Lift 16 -17 -97 Southwest Lift.docx June 15, 2017 -- Page 8 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 51 (661) 326 -3724 CONTRACTOR: SOUTHWEST LIFT & EQUIPMENT, INC. P O Box 2319 Running Springs, CA 92382 909 - 867 -9820 (phone) 909 - 867 -9821 (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. 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 CONSTRUCTION PROJECTS AGREEMENT \kb C: \Program Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \84E36929- 185D- 49E2 -A2A9- 7B1BF8ED92EA \PDFConvert.8685.1. Furnish and—Install-64K Two Post In—Ground—Lift 16 -17 -97 Southwest Lift.docx June 15, 2017 -- Page 9 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 515 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 20- 5603400 CONTRACTOR is a corporation? Yes X No (Please check one.) 29. CONTRACTOR'S LICENSE INFORMATION. License Number 929354 Expiration Date 3/31/2019 License Classification A, D -21 30. NON - INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 31. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. "CITY" CITY OF BAKERSFIELD By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney "CONTRACTOR" SOUTHWEST LIFT & EQUIPMENT, INC. By: PRINT NAME: Title: CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \84E36929- 185D- 49E2 -A2A9- 7B1BF8ED92EA \PDFConvert.8685.1.Furnish and Install 64K Two Post In—Ground—Lift 16 -17 -97 Southwest Lift.docx June 15, 2017 -- Page 10 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 516 By: JOSHUA H RUDNICK Deputy City Attorney Insurance: APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director COUNTERSIGNED: By: NELSON SMITH Finance Director CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86 ) \neevia.com \docConverterPro\ temp \NVDC \84E36929- 185D- 49E2 -A2A9- 7B1BF8ED92EA \PDFConvert.8685.1.Furnish and Install 64K Two Post In—Ground—Lift 16 -17 -97 Southwest Lift.docx June 15, 2017 -- Page 11 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 517 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Consent- Bids x. TO: Honorable Mayor and City Council FROM: Nelson Smith, Finance Director DATE: 6/15/2017 iTiff-11 1.1 SUBJECT: Accept bid and approve contract to Southwest Lift & Equipment, Inc. ($113,181) for a replacement platform vehicle lift for the Fleet Division at the Corporation Yard. STAFF RECOMMENDATION: Staff recommends acceptance of the bid and approval of contract. BACKGROUND: Bids were solicited for a platform vehicle lift capable of lifting 78,000 pounds at the Corporation Yard Fleet Services Division. One bid was received in response to the solicitation. This vehicle lift replaces an outdated platform lift system that has experienced breakdowns and is dependent on one source for repair. The new lift will be more dependable and allows staff to service and repair heavy duty vehicles weighing up to 78,000 pounds in a safer manner. Staff finds the bid submitted by Southwest Lift & Equipment, Running Springs, California, acceptable and recommends approval of the contract in the amount of $113,181. Funds are budgeted in the Public Works Capital Improvement budget for this contract. There is no General Fund impact associated with this contract. ATTACHMENTS: Description D /kgireeirneint Type /kgireeirneint 06128117 CC AGENDA PACKET FAG 518 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 SOUTHWEST LIFT & EQUIPMENT, INC., (a California Corporation) ( "CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of equipment lifts; and WHEREAS, CONTRACTOR has conducted a thorough site inspection; and WHEREAS, CITY desires to employ CONTRACTOR to furnish and install 78K platform lift ( "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 furnishing and installing a 78K platform lift (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 -98 1.2.2. Special Provisions 1.2.3. Bid Security CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86) \neevia.com \docConverterPro \temp \NVDC \2BBt BDE5-A20B-49B2-97D3- E8B73F366EA7 \PDFConvert.8686.1.Furnish and Install 78K Platform Lift 16 -17 -98 Southwest Lift.docx June 15, 2017 -- Page 1 of 11 Pages -- 6/2$/17 CC AGENDA PACKET IBC 519 1.2.4. Bid Proposal 1.2.5. Non - collusion affidavit 1.2.6. Workers Compensation Insurance Certification 1.2.7. Statement of OSHA Compliance 1.2.9 Bidders Statement Regarding Insurance Coverage 1.2.10. Performance Bond 1.2.11. Material and Labor Bond 1.2.12. Letters of transmittal, if any 1.2.13. All provisions required by law to be inserted in this Contract whether actually inserted or not. 1.2.14. Current State of California DAS 140 Form (if required by Specifications) 1.2.15. DIR 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 ONE HUNDRED THIRTEEN THOUSAND ONE HUNDRED EIGHTY ONE DOLLARS ($113,181) in accordance with the bid documents. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. Unless otherwise required by State law, a five percent (5 %) retention shall be withheld from payments to CONTRACTOR by CITY. The five percent (5 %) retention required by the Bakersfield Municipal Code shall be released after the appropriate statutes have expired and all liens and stop payment notices have been cleared. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered in accordance with the Special Provisions applicable to this Project. 4. SCHEDULING. When required by CITY in contract bid documents, or upon reasonable notice, CONTRACTOR shall supply CITY with scheduling documents showing all information in a form requested by CITY. CONTRACTOR's scheduling personnel shall have experience in and be knowledgeable in scheduling. CITY may require CONTRACTOR to supply the schedule on programs named by CITY (Microsoft Project for example), and may require said schedules to be undated or revised on a regular basis. CITY may require recovery schedules if CONTRACTOR falls behind the Project schedule. CITY's review or comment on the schedule shall not constitute acceptance thereof. 5. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86) \neevia.com \docConverterPro \temp \NVDC \2BBt BDE5-A20B-49B2-97D3- E8B73F366EA7\PDFConvert.8686. 1. Furnish and—Install-78K Platform Lift 16 -17 -98 Southwest Lift.docx June 15, 2017 -- Page 2 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 520 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 ($40,000.00), such modification must be approved by the City Council. 9. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 10. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 11. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86) \neevia.com \docConverterPro \temp \NVDC \2BBt BDE5-A20B-49B2-97D3- E8B73F366EA7\PDFConvert.8686. 1. Furnish and—Install-78K Platform Lift 16 -17 -98 Southwest Lift.docx June 15, 2017 -- Page 3 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 521 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 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 ($1,000,000) per occurrence; and the policy shall: CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86) \neevia.com \docConverterPro \temp \NVDC \2BBt BDE5-A20B-49B2-97D3- E8B73F366EA7\PDFConvert.8686. 1. Furnish and—Install-78K Platform Lift 16 -17 -98 Southwest Lift.docx June 15, 2017 -- Page 4 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 522 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 ($1,000,000) per accident; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 13.4. All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. 13.5. Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Best's A -:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 13.6. Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86) \neevia.com \docConverterPro \temp \NVDC \2BBt BDE5-A20B-49B2-97D3- E8B73F366EA7\PDFConvert.8686. 1. Furnish and—Install-78K Platform Lift 16 -17 -98 Southwest Lift.docx June 15, 2017 -- Page 5 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 523 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. 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 CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86) \neevia.com \docConverterPro \temp \NVDC \2BBt BDE5-A20B-49B2-97D3- E8B73F366EA7\PDFConvert.8686. 1. Furnish and—Install-78K Platform Lift 16 -17 -98 Southwest Lift.docx June 15, 2017 -- Page 6 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 524 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 subcontracts at its sole discretion. CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86) \neevia.com \docConverterPro \temp \NVDC \2BBt BDE5-A20B-49B2-97D3- E8B73F366EA7\PDFConvert.8686. 1. Furnish and—Install-78K Platform Lift 16 -17 -98 Southwest Lift.docx June 15, 2017 -- Page 7 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 525 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 PUBLIC WORKS DEPARTMENT 1600 Truxtun Avenue CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86) \neevia.com \docConverterPro \temp \NVDC \2BBt BDE5-A20B-49B2-97D3- E8B73F366EA7\PDFConvert.8686. 1. Furnish and—Install-78K Platform Lift 16 -17 -98 Southwest Lift.docx June 15, 2017 -- Page 8 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 526 Bakersfield, California 93301 (661) 326 -3724 CONTRACTOR: SOUTHWEST LIFT & EQUIPMENT, INC. P O Box 2319 Running Springs, CA 92382 909 - 867 -9820 (phone) 909 - 867 -9821 (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. 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 CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86) \neevia.com \docConverterPro \temp \NVDC \2BBt BDE5-A20B-49B2-97D3- E8B73F366EA7\PDFConvert.8686. 1. Furnish and—Install-78K Platform Lift 16 -17 -98 Southwest Lift.docx June 15, 2017 -- Page 9 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 527 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 20- 5603400 CONTRACTOR is a corporation? Yes X No (Please check one.) 29. CONTRACTOR'S LICENSE INFORMATION. License Number 929354 Expiration Date 3/31/2019 License Classification A, D -21 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 SOUTHWEST LIFT & EQUIPMENT, INC. By: KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO in PRINT NAME: Title: CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86) \neevia.com \docConverterPro \temp \NVDC \2BBt BDE5-A20B-49B2-97D3- E8B73F366EA7 \PDFConvert.8686.1.Furnish and Install 78K Platform Lift 16 -17 -98 Southwest Lift.docx June 15, 2017 -- Page 10 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 528 City Attorney JOSHUA H RUDNICK Deputy City Attorney Insurance: APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT By: NICK FIDLER Public Works Director COUNTERSIGNED: By: NELSON SMITH Finance Director CONSTRUCTION PROJECTS AGREEMENT \kb CAProgram Files ( x86) \neevia.com \docConverterPro \temp \NVDC \2BBt BDE5-A20B-49B2-97D3- E8B73F366EA7\PDFConvert.8686. 1. Furnish and—Install-78K Platform Lift 16 -17 -98 Southwest Lift.docx June 15, 2017 -- Page 11 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 529 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Consent -Bids y TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 4/17/2017 iTiff-11 1.1 SUBJECT: Storm Drain Improvements on Hosking Avenue between Wible Road and Granite Peak Street: 1. Accept bid and approve contract with American Construction and Excavation ($177,866) for construction of said improvements. 2. Appropriate $32,000 Sewer Enterprise Fund balance (Wastewater Treatment Plant No. 3) to the Public Works Department's Capital Improvement Program to fund construction of said improvements. STAFF RECOMMENDATION: Staff recommends acceptance of the low bid, and approval of the contract and appropriation. BACKGROUND: This project includes, in general, the excavation of an existing manhole, trenching, placement of a new 18-inch reinforced concrete pipe storm drain line, construction of two junction boxes at both ends of the new storm drain line, backfilling, compaction of trench, installation of hot mix asphalt trench patch, minor striping, and installation of a traffic detector loop. The engineer's estimate for this project is $106,100. On May 2, 2017, a total of two bids were received; all of those bids were acceptable. The acceptable bids include: American Construction and Excavation 2905 Wear Street in the amount of $177,866.00 Bakersfield, CA 93308 (County) Advanced Chemical Transport 3710 Ruffin Road in the amount of $346,000.00 San Diego, CA 92123 The variance between the engineer's estimate and low bid amount is due to higher than anticipated costs for the pipe and asphalt concrete trench patch. Staff has reviewed the bid 06128117 CC AGENDA PACKET PG 530 tabulations and have determined the bid amount is reasonable. An appropriation of $32,000 is required to fund inspection costs, potential change orders, and miscellaneous costs. The project is funded entirely through the Sewer Enterprise Fund. Therefore, there is no General Fund impact associated with this project. ATTACHMENTS: Description Type D /kgireeirneint /kgireeirneint 06128117 CC AGENDA PACKET PG 531 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 AMERICAN CONSTRUCTION AND EXCAVATION, a Sole Ownership, ( "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 Storm Drain Improvements: Hosking Avenue Between Wible Road and Granite Peak Street ( "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 excavation of an existing manhole, trenching, placement of a new 18" reinforced concrete class III storm drain line, construction of two junction boxes at both ends of the new line, backfilling and compaction of trench, installing hot mix asphalt trench patch, and striping over trench line ( "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: 6/5/2017 Storm Drain Improvements: Hosking Road between Wible Road and Granite Peak Street By: Lyn Skinner for Project Designer (City of Bakersfield Project No.E7K214 Adam Nielsen: (661)326 -3087 C: \Program Files ( x86)\neevia.com\docConverterProl temp \NVDC\5C4B8B1E- DBB8- 48ED -90EB- OD70 FA12E D2B \P D FConvert.8678.1. Storm Drai nlm prov -Hos ki ng_W i bl a -G ran itePeak_Agr. docx -- Page 1 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 532 1.1 The following shall be deemed to be part of this Agreement as if fully set forth herein: 1.1.1 Notice to Contractors 1.1.2 Special Provisions 1.1.3 Bid Proposal 1.1.4 Bidder's Bond 1.1.5 Performance Bond 1.1.6 Material and Labor Bond 1.1.7 Letters of transmittal, if any 1.1.8 All provisions required by law to be inserted in this contract whether actually inserted or not. 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 DIR PWC 100 Form. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment of One Hundred Seventy -Seven Thousand, Eight Hundred Sixty -Six Dollars and Zero ($177,866.00). The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. Unless otherwise required by State law, a ten percent (10 %) retention shall be withheld from payments to CONTRACTOR by CITY. The ten percent (10 %) retention required by the Bakersfield Municipal Code shall be released after the appropriate statutes have expired and all liens and stop payment notices have been cleared. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered in accordance with the Special Provisions applicable to this Project. 4. SCHEDULING. When required by CITY in contract bid documents, or upon reasonable notice, CONTRACTOR shall supply CITY with scheduling documents showing all information in a form requested by CITY. CONTRACTOR's scheduling personnel shall have experience in and be knowledgeable in scheduling. CITY may require CONTRACTOR to supply the schedule on programs named by CITY (Microsoft Project for example), and may require said schedules to be undated or revised on a regular basis. CITY may require recovery schedules if CONTRACTOR falls behind the Project schedule. CITY's review or comment on the schedule shall not constitute acceptance thereof. CONSTRUCTION PROJECTS AGREEMENT—Updated — March 9, 2015 Date prepared: 6/5/2017 Storm Drain Improvements: Hosking Road between Wible Road and Granite Peak Street By: Lyn Skinner for Project Designer (City of Bakersfield Project No.E7K214 Adam Nielsen: (661)326 -3087 C: \Program Files ( x86)\neevia.com\docConverterProl temp \NVDC\5C4B8B1E- DBB8- 48ED -90EB- OD70 FA12E D2B \P D FConvert.8678.1. Storm Drai nlm prov -Hos ki ng_W i bl a -G ran itePeak_Agr. docx -- Page 2 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 533 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. 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. CONSTRUCTION PROJECTS AGREEMENT—Updated — March 9, 2015 Date prepared: 6/5/2017 Storm Drain Improvements: Hosking Road between Wible Road and Granite Peak Street By: Lyn Skinner for Project Designer (City of Bakersfield Project No.E7K214 Adam Nielsen: (661)326 -3087 C: \Program Files ( x86)\neevia.com\docConverterProl temp \NVDC\5C4B8B1E- DBB8- 48ED -90EB- OD70 FA12E D2B \P D FConvert.8678.1. Storm Drai nlm prov -Hos ki ng_W i bl a -G ran itePeak_Agr. docx -- Page 3 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 53 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 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 ($1,000,000) per occurrence; and the policy shall: 13.1.1. Provide coverage for owned, non -owned and hired autos. 13.2. Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, CONSTRUCTION PROJECTS AGREEMENT—Updated — March 9, 2015 Date prepared: 6/5/2017 Storm Drain Improvements: Hosking Road between Wible Road and Granite Peak Street By: Lyn Skinner for Project Designer (City of Bakersfield Project No.E7K214 Adam Nielsen: (661)326 -3087 C: \Program Files ( x86)\neevia.com\docConverterProl temp \NVDC\5C4B8B1E- DBB8- 48ED -90EB- OD70 FA12E D2B \P D FConvert.8678.1. Storm Drai nlm prov -Hos ki ng_W i bl a -G ran itePeak_Agr. docx -- Page 4 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 535 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. 13.3. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per accident; and the policy shall contain a waiver of subrogation in favor of the CITY, its mayor, council, officers, agents, employees and volunteers. 13.4. All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. 13.5. Except for workers' compensation, insurance is to be placed with insurers with a Best's rating as approved by CITY's Risk Manager, but in no event less than A -:VII. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this CONSTRUCTION PROJECTS AGREEMENT—Updated — March 9, 2015 Date prepared: 6/5/2017 Storm Drain Improvements: Hosking Road between Wible Road and Granite Peak Street By: Lyn Skinner for Project Designer (City of Bakersfield Project No.E7K214 Adam Nielsen: (661)326 -3087 C: \Program Files ( x86)\neevia.com\docConverterProl temp \NVDC\5C4B8B1E- DBB8- 48ED -90EB- OD70 FA12E D2B \P D FConvert.8678.1. Storm Drai nlm prov -Hos ki ng_W i bl a -G ran itePeak_Agr. docx -- Page 5 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 536 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. 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 CONSTRUCTION PROJECTS AGREEMENT—Updated — March 9, 2015 Date prepared: 6/5/2017 Storm Drain Improvements: Hosking Road between Wible Road and Granite Peak Street By: Lyn Skinner for Project Designer (City of Bakersfield Project No.E7K214 Adam Nielsen: (661)326 -3087 C: \Program Files ( x86)\neevia.com\docConverterProl temp \NVDC\5C4B8B1E- DBB8- 48ED -90EB- OD70 FA12E D2B \P D FConvert.8678.1. Storm Drai nlm prov -Hos ki ng_W i bl a -G ran itePeak_Agr. docx -- Page 6 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 537 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 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 CONSTRUCTION PROJECTS AGREEMENT—Updated — March 9, 2015 Date prepared: 6/5/2017 Storm Drain Improvements: Hosking Road between Wible Road and Granite Peak Street By: Lyn Skinner for Project Designer (City of Bakersfield Project No.E7K214 Adam Nielsen: (661)326 -3087 C: \Program Files ( x86)\neevia.com\docConverterProl temp \NVDC\5C4B8B1E- DBB8- 48ED -90EB- OD70 FA12E D2B \P D FConvert.8678.1. Storm Drai nlm prov -Hos ki ng_W i bl a -G ran itePeak_Agr. docx -- Page 7 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 538 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. 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: CONSTRUCTION PROJECTS AGREEMENT—Updated — March 9, 2015 Date prepared: 6/5/2017 Storm Drain Improvements: Hosking Road between Wible Road and Granite Peak Street By: Lyn Skinner for Project Designer (City of Bakersfield Project No.E7K214 Adam Nielsen: (661)326 -3087 C: \Program Files ( x86)\neevia.com\docConverterProl temp \NVDC\5C4B8B1E- DBB8- 48ED -90EB- OD70 FA12E D2B \P D FConvert.8678.1. Storm Drai nlm prov -Hos ki ng_W i bl a -G ran itePeak_Agr. docx -- Page 8 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 539 CITY: CITY OF BAKERSFIELD PUBLIC WORKS DEPARTMENT 1600 Truxtun Avenue Bakersfield, California 93301 (661) 326 -3724 CONTRACTOR: AMERICAN CONSTRUCTION AND EXCAVATION 2905 Wear Street Bakersfield, California 93308 (661) 800 -8241 22. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 23. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties, liabilities, obligations or responsibilities arising out of, concerning or related in any way to this Agreement (including, but not limited to, accounts, actions, causes of action, claims, damages, demands, liabilities, losses, obligations, or reckonings of any kind or nature whatsoever, for compensatory or exemplary and punitive damages, or declaratory, equitable or injunctive relief, whether based on contract, equity, tort or other theories of recovery provided for by the common or statutory law) may be assigned or transferred by any party. Any such assignment is prohibited, and shall be unenforceable and otherwise null and void without the need for further action by the non - assigning party or parties. 24. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 25. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers (including, but not limited to, computer or electronic data), or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 26. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs CONSTRUCTION PROJECTS AGREEMENT—Updated — March 9, 2015 Date prepared: 6/5/2017 Storm Drain Improvements: Hosking Road between Wible Road and Granite Peak Street By: Lyn Skinner for Project Designer (City of Bakersfield Project No.E7K214 Adam Nielsen: (661)326 -3087 C: \Program Files ( x86)\neevia.com\docConverterProl temp \NVDC\5C4B8B1E- DBB8- 48ED -90EB- OD70 FA12E D2B \P D FConvert.8678.1. Storm Drai nlm prov -Hos ki ng_W i bl a -G ran itePeak_Agr. docx -- Page 9 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 540 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 46- 3224518 CONTRACTOR is a corporation? Yes No X (Please check one.) 29. CONTRACTOR'S LICENSE INFORMATION. License Number 854149 Expiration Date 07/31/2017 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 AMERICAN CONSTRUCTION AND EXCAVATION By: KAREN GOH Mayor PRINT NAME: Title: CONSTRUCTION PROJECTS AGREEMENT—Updated — March 9, 2015 Date prepared: 6/5/2017 Storm Drain Improvements: Hosking Road between Wible Road and Granite Peak Street By: Lyn Skinner for Project Designer (City of Bakersfield Project No.E7K214 Adam Nielsen: (661)326 -3087 C: \Program Files ( x86)\neevia.com\docConverterProl temp \NVDC\5C4B8B1E- DBB8- 48ED -90EB- OD70 FA12E D2B \P D FConvert.8678.1. Storm Drai nlm prov -Hos ki ng_W i bl a -G ran itePeak_Agr. docx -- Page 10 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 541 APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney ANDREW HEGLUND Deputy City Attorney II Insurance: JENA COVEY Risk Manager APPROVED AS TO CONTENT: PUBLIC WORKS DEPARTMENT NICK FIDLER Public Works Director COUNTERSIGNED: By: NELSON SMITH Finance Director CONSTRUCTION PROJECTS AGREEMENT—Updated — March 9, 2015 Date prepared: 6/5/2017 Storm Drain Improvements: Hosking Road between Wible Road and Granite Peak Street By: Lyn Skinner for Project Designer (City of Bakersfield Project No.E7K214 Adam Nielsen: (661)326 -3087 C: \Program Files ( x86)\neevia.com\docConverterProl temp \NVDC\5C4B8B1E- DBB8- 48ED -90EB- OD70 FA12E D2B \P D FConvert.8678.1. Storm Drai nlm prov -Hos ki ng_W i bl a -G ran itePeak_Agr. docx -- Page 11 of 11 Pages -- 6/2$/17 CC AGENDA PACKET FCC 542 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Consent - Miscellaneous z. TO: Honorable Mayor and City Council FROM: Lyle D. Martin, Chief of Police DATE: 6/5/2017 111-11 V 03 SUBJECT: Appropriate $200,000 from the Board of State and Community Corrections Trust Account to the Police Department operating budget within the General Fund. STAFF RECOMMENDATION: Staff recommends approval of the appropriation. BACKGROUND: The Public Safety Realignment Act of 2011 (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 Public Safety Realignment Act of 2011 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, through the Board of State Community Correction (BSCC), to enable front-line intervention services in each County since the 2013 Budget Act. The Bakersfield Police Department has received funding under this State provision every year since 2011. As funds are received, they are placed in a trust account to be appropriated as necessary, under the conditions of which they were distributed. Per statute, local law enforcement agencies may use the funds to supplement, not supplant the following activities: homeless outreach teams, crisis intervention training for officers, gang resistance education and training (GREAT), resources for drug endangered children, outreach to high-risk youth, youth diversion programs and gang and violence prevention programs. The Bakersfield Police Department requests an appropriation from the BSCC Trust account in the amount of $200,000 to offset unbudgeted qualified expenditures from Fiscal Year (FY) 2016-17 and provide carry-over funds to fund three Junior Police Academies and one Citizen 06128117 CC AGENDA PACKET PG 54 3 Volunteer Academy in FY 2017-18. A summary of the expenditures is as follows: FY 2016-17 Expenditures: Junior Police Academy $ 4,240 Citizen Volunteer Academy $ 8,800 Impact Unit $ 12,030 Community Events $ 78,430 Training $ 25,270 Computer Hardware $ 7,300 Computer Software Licenses $ 1,800 Radio Equipment $ 33,950 171,820 $171,820 FY 2017-18 Estimated Expenditures: Junior Police Academies $ 22,780 Citizen Volunteer Academy $ 5,400 Total Appropriation = $200,000 06128117 CC AGENDA PACKET PG 544 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Consent - Miscellaneous aa. I Im a Honorable Mayor and City Council Nelson K Smith, Finance Director 6/13/2017 SUBJECT: Authorize the Finance Director to write off accounts receivable in various funds totaling $84,063.99 and forward non bankrupt accounts to a collection agency for additional collection efforts. STAFF RECOMMENDATION: Staff recommends approval. BACKGROUND: Staff has exhausted all reasonable means at its disposal to collect the past due accounts on the attached listing. Generally, individuals that cannot be located or bankruptcies are involved and further collection efforts would result in excessive cost. Accounts not involving bankruptcy will be forwarded to a collection agency (H.P. Sears) for further action. Historically 5 to 7 percent of City accounts forwarded to a collection agency are eventually recovered. The accounts recommended for write off are made up of the following account categories: Commercial Sewer Service & Solid Waste $36,719.26 -(Refuse) Water (Bankruptcy) 0.00 -Domestic Residential Sewer Service & Solid Waste 675.15 -(Refuse) Risk Management (Property Damage Claims) 0.00 (Alarm Violations & Misc. Activity) 12,994.24 -Police & Fire Safety (Environmental Services) 32,293.00 -Fire 1,382.34 -Other -TOTAL $84,063.99 Total billing for the current fiscal year through June 1, 2017, is approximately $136 million. The recommended write off amount of $84,063.99 is about 0.06 percent of total billing, 06128117 CC AGENDA PACKET PG 545 approximately one-tenth of one percent. The private sector uses 1-2 percent as an acceptable write off benchmark. Bankruptcy proceedings make up 21.12 percent ($17,752.20) of the write off amount; judgments make up 24.33 percent ($20,456.26). In the bankruptcy cases, claims have been filed with the court where applicable. Once bankruptcy is filed, the debtor is protected by the court and we are prohibited by law from further collection efforts. The collection process for invoiced accounts begins after an invoice is unpaid for 30 days with a computer generated past due notice that continues every 30 days. Additionally, past due letters are sent and phone contact is initiated at 90 days delinquent. Larger balances are given priority attention. ATTACHMENTS: Description Type D fir idte off fisding BackU�p IMateirila. � 06128117 CC AGENDA PACKET PG 5 46 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N -� -• O O U7 mw W N N 0 V V 0 M O .N 4 NN O W W 0 O J J 4 W O OW W" 0-4 J 0 O 8 -A -� .A 1 CD Ut 1 1 1 1 W W .A U7 -� O CO U1 W -� C4 A CO CO 00 U7 DV (31 N -P o f0 A M A M W 1 V 1 O W M Qo G7 J V .P W 00 d1 fJt W O) V (O O .P CO N O C]7 O N N J CD V OP Cp CD W .!� Cp .P W W . V O f.n W CO 1 1 1 CJ1 (TI V W -! 1 1 J W 1 1 1 W 0 0 0 00 --• co N 61 V 1 1 1 J J U7 O O O N W N?" 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TO: Honorable Mayor and City Council FROM: Nick Fidler, Public Works Director DATE: 6/1/2017 111-11 V 03 SUBJECT: Acceptance of FY 2015-16 Transportation Development Act Funds Audit Reports: 1. Independent Auditor's Reports, Fund Financial Statements, and Supplementary Information. 2. Agreed Upon Conditions for the Fiscal Year Ended June 30, 2016. Staff recommends acceptance of the audit reports. BACKGROUND: Kern Council of Governments (Kern COG) administers Transportation Development Act (TDA) funds, which is a funding source for the following three City funds: • Bikeway and Pedestrian Fund accounts for projects dedicated to bicycle and pedestrian facilities and safety. • Amtrak Operating Fund accounts for maintenance costs for the Bakersfield Amtrak Station. • Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) Fund accounts for the in-progress parking garage project at the Bakersfield Amtrak Station and for ADA improvements at various Golden Empire Transit (GET) bus stops. Statutes governing the use of TDA funds require annual audits. These statutes include Kern COG's rules and regulations, Section 99245 of the California Public Utilities Code, and Section 6664 of the California Code of Regulations. Kern COG contracted with Brown Armstrong Accountancy Corporation to perform audits of member agencies. The City bears no part of the audit costs. The Audit Report includes the opinion from the independent auditors and the associated TDA financial statements as of June 30, 2016. The current year audit opinion issued by the outside 06128117 CC AGENDA PACKET PG 551 auditors indicates that the City complied, in all material respects, with accounting principles generally accepted in the United States of America. The agreed upon conditions report is designed to increase efficiency, internal controls and/or financial reporting and includes any reportable conditions noted during the audit. No deficiencies were noted in this report. The summary of reported conditions is attached. Staff recommends acceptance of both the audit and agreed upon conditions report. ATTACHMENTS: Description D Finainc,4 Stateirnents D /kgireed Upoin Coin6doins Type BackU IMateir4� BackU IMateir4� 06128117 CC AGENDA PACKET PG 552 1'1)P1'(Y-1YN1TN PJA'AYi OAK ERSIFIE.10 00-Mr-' RA ; "' 1,M,, PY LIO, FHE'V,40 ow F4CE rl"A PASNEYENA 014110E "'F fN I d � f ,0 N'A' To the Board of Directors,, Kern Council of Governments, and City Council, City of Bakersfield We have audited the financial statements of the Bikeway and Pedestrian Special Revenue Fund, the Amtrak Operations Special Revenue Fund, the PTMISEA Special Revenue Fund, and the State Transportation Special Revenue Fund (collectively, the Transportation, Development Act JDA) Funds) of the City of Bakersfield (the City) for the year ended June 30, 2016, Professional standards require that we provide you with information about Our responsibilities under auditing standards generally accepted in the United States of America and Govennnent Audifing Standards, as well as certain information related to the planned scope and timing of our audit. We have Communicated such information in Our letter to you dated June 21, 20116. Professional standards also require that we communicate to you the following information related to our audit. & nificantAudi Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies, The significant accounting, policies used by the City are described in Note 1 to the financial statements. The following new accounting policies were adopted during 2016: CASE' Statement No. 72 — Fair Value Measur(,'m7ei'll and Application, GASB Statement No, 76 — Hierarchy of Generally Accepted Accounting Principles for State and Local Governments, and LASS Statement No. 79 — Cedain External Investinent Pools and Pool Participants. We noted no transactions entered into by the City during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized iin the financial statements in the proper period. Accounting estimates are an integral part of the financial staternents prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularlly sensitive because of their significance to the finaincial statements and because of the possibility that future events affecting them may differ significantly from those expected. There were no sensitive estimates. Certain financial statement disclosures are particularly sensitive because of their sirocxl ON OFFICE significance to financial statement users. The most sensitive disclosure affecting the W financial statements was: The disclosure of Unearned' in Note 3 to, the financial statements. 01 C, 4 9 The financial statement diSCIOSUres are neutral, consistent, and clear. Difficalties En coun more.' in Perforn7ing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit, Corrected and Uncorrected Misstatements Professional standards require us to accumulate alll known and likely misstatements, identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. Management has corrected all such iT 06128117 CC AGENDA PACKET PG 553 misstatements, In addition, none of the misstatements detected as a result of audit procedures and corrected by management were material, either individually or in the aggregate, to the financial statements taken as a whole, Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or riot resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that ino such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated March 91, 20,17, Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the City's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts, 'To our knowledge, there were no such consultations with other accountants Offier Aodit Findings or Issues We generally discuss a variety Of matters, including the application Of accounting principles and auditing standards, with management each year prior to retention as the City's auditors. However, these discussions occurred in the norr-nal course Of Our professional relationship and our responses were not a condition to Our retention, Other Matters We applied certain limited procedures to the Budgetary Comparison Schedule for the Transportation Development Act Funds, which is required supplementary informaflon (RSI) that supplements the basic financi',al statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knoWedge we obtained during our audit of the basic financial statements- We did not audit the RS1 and do not express an opinion or provide any assurance on the RCI. I.-Impalmaml This information is intended solely for the information and use of the Board of Directors and management of Kern Council of Governments and is not intended to, be, and should not be, used by anyone other than these specified parties. Bakersfield, California March 9, 2017 , BROWN ARMSTRONG ACCOUNTANCY CORPORATION 7 AVU)�,j 06128117 CC AGENDA PACKET PG 554 CITY OF BAKERSFIELD �r «, M Vil waW61.2 x x JIUNE N 2016 06128117 CC AGENDA PACKET PG 555 CITY OF Ba TABLE OF CONTENTS P2_qe Independent Auditor's Report ...... - ............ . ---- ......... ........ - 1 Fund Financial Statements Balance Sheet - Bikeway and Pedestrian Special Revenue Fund ..................... .... ... ....... 3 Statement of Revenues, Expenditures, and Changes in Fund Balance - Bukeway and Pedestrian Special) Revenue Fund ........ ........... ......... ........... 4 Balance Sheet - Amtrak Operations Special Revenue Fund... ....... ....... ........ 5 Statement of Revenues,, Expenditures, and Changes in Fund Balance - Amtrak Operations Special Revenue Fund- ........ . . ..... . ........ - - .... - ..... ......... . ............ . 6 Balance Sheet - Public Transportation Modernization, improvement, and Service Enhancement Account (PTMISEA) Special Revenue Fund 7 Statement of Revenues, Expenditures, and Changes in Fund Balance - PTMlSEA Special Revenue Fund...---- .................... ....... ...... 8 Balance Sheet .- State Transportation Special Revenue Fund .. ...... 91 Statement of Revenues, Expenditures, and Changes in Fund Balance - State Transportation Special Revenue Fund ......... ... 10 Notes to the Fund F i n an cial Statements . r . . .... ­­ . ­ . , . , '' . . r ........ .......... - ........ ....... 11 Reguired Sg formation Budgetary Comparison Schedule - Bikeway and Pedestrian Special Revenue Fund.-, ... ........ 16 Budgetary Comparison Schedule - Amtrak Operations Special Revenue Fund .... ...... --- ..... 17 Budgetary Comparison Schedule - PTMISEA Special Revenue Fund --... L. 1-11111-1- ...... 18 Budgetary Comparison Schedule -- State Transportation Special Revenue Fund-.--.- ...... 19 Note to Supplementary Informabon ...... ......... ................ ........ 20 gther Rep.gLq independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Govemment Auditing Slandarchs and the Transportation Development Act ........ .......... .......... ....... .- ....... 21, 06128117 CC AGENDA PACKET PG 556 BAKERSFIELD OFFICE (MAIN OFFICE) rv,k I, I'll F, S N 0 aka F I C u To the Board of Directors Kern Council) of Governments Bakersfield, California To the City Council City of Bakersfield Bakersfield, California Report on the Financial Statements We have audited the accompanying financial statements, of the Bikeway and Pedestrian Speci!all Revenue Fund, the Amtrak Operations Special Revenue Fund; the Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) Special Revenue Fund-, and the State Transportation Special Revenue Fund (collectively, the Transportation Development Act (TDA) Funds) of the City of Bakersfield, California (City), as of and for the fiscal year ended June 301, 20,16, as listed in the table of contents. The June 30, 2015, summarized comparative Information has been derived from the 20,15 financial statements and is included for additional analysis only- Management's Responsibility for the Financial Statements Management is responsible for the preparation alndl fair presentation of these fi,niancial statements in accordance with accounting principles generally accepted in 1H, "+ the United States of America: this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. PASA[IERA OfflCE Auditor's Responsibility lk= Olu!r responsibility is to express and opinion on these financial statements based on our audit We conducted Our audit In accordance with auditing standards generally PANA!), accepted in the United States of America and the standards applicable to financial audits contained in Government Audifing Standards, issued by the Comptroller General of the United States, Those standards require that we plan and perform the STOCKTION 0MCE, audit to obtain reasonable assurance about whether the financial statements are free from material misstaternent. An audit involves performing procedures to obtain audit evidence about the ar'nounts j I and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of ILL the financial statements, whether due to fraud or error. in making those risk assessments, the auditor considers internal' control relevant to the entity's preparation and fair presentation of the financiall statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control). Accordingly, we express no such opinion An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates Imade by management, as well as evaluating the overall presentation of the financial statements. 06128117 CC AGENDA PACKET PG 557 We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion, E= ln our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the TDA Funds of the City as of June 30, 2016, and the respective changes In Its financial position, and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. Emphasis of Matter As discussed in Note 1, these financial' statements present only the TDA Funds and do not purport to, and do not, present fairly the financial position of the City as of June 30, 2016, or the changes in its financial: position for the year then ended, in conformity with accounting principles generally accepted i!n the United States of America. Other Matters RequmedSVI)PIernentary Infortnatiori Accounting principles generally accepted in the United States of America require that the budgetary comparison information on pages 16 through: 20 be presented to supplement the financial statements. Such information, although not a part of the financial statements, is required by the Governmental Accounting Standards Board (GASB)i, who considers it to be an essential part of financial reporting for placing the financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States, of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the financial statements, and other knowledge we obtained during our audit of the financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide US with Sufficient evidence to express an opinion oir provide any assurance Management has omitted managernent's discussion and analysis (MD &A) that accounting principles generally accepted in the United States of America require to be presented to supplement the financial statements, Such missing Information, although not a part of the financial statements, iis required by the GASB who considers it to be an essential part of finaincial reporting for placing the financial statements in an appropriate operational, economic, or historical context Our opinion on the financial statements is not affected by this missing VD&A, Other Reporting Required by Government Auditing Standards In accordance with Govetntpent Auditing Standards, we have also issued our report dated March 9, 2017, on our consideration of the City's internal control over financial reporting relating to the TDA Funds and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporflng and compliance and the results of that testing, and not to provide an opinion on Internal control over financial reporting or on compliance, That report is an integral! part of an audit performed in accordance with Government Auditing Stanclards in considering the City's internal control over financial reporting and compliance relating to the TDA Funds, BROWN ARMSTRONG ACCOUNTANCY CORPORATION Bakersfield, California March 9, 2017 06128117 CC AGENDA PACKET PG 558 w ' Will 4, INKEWAY AND PEDIESTRI SPECIAL -14F11111 It BALANCE SHEET JUNE 30, 2016 WITH COMPARATIVE TOTALS Current assets: Due frorn other governments ToW current assets W217w CUrrent fiabilifies: "Trust deposits Cash overdraft Accounts payable Totall cuirrenit liabilities Fund balance Total liabilities and fund balance 2016 2015 58,324 $ 23,019 58,324 $ 23,019 1,722 $ - 46,829 22,735 9,773 284 58,324 23,019 584,324 $1 23,019 The accompanying notes are an integrall part of these financial statements, 3 06128117 CC AGENDA PACKET PG 559 STATEMENT OF REVENUES, EXPENDITURES, AND, CHANGES IN FUND BALANCE FOR TH E F I SCAL YEA R EN DED J U N E 30, 2016 WITH COMPARATIVE TOTALS REVENUES Locall transportation fund EXPENDITURES Bikeway and pedestrian Change in fund balance Fund balance, beginning Fund balance, ending 2016 2015 217,3001 $ 74,752 217,300 74,752 The accompanying notes are an integral part of these financial statements. 4 06128117 CC AGENDA PACKET PG 560 BALANCE SHEET JUNE 30, 2016 WITH COMPARATIVE TOTALS Current assets, Cash and cash, equivalents Accrued interest receivable Due from other funds Total current assets Current liabilities: ,Accounts payable Unearned revenue Total current liabilifies Fund balance Total liabilities and fuind balance 2016 20115 48,677 401 - t 89911 247 190,312 $ 48,924 21,,770 $ 14,352 168542 34,572 190,312 48,924 190,312 $ 48,924 The accompanying notes are an integral part of these financial statements. 5 06128117 CC AGENDA PACKET PG 561 will CHANGES IN FUND BALANCE FOR THE FISCAL YEAR ENDED JUNE 30, 201,6 WITH COMPARATIVE TOTALS REVENUES Local transportation fund Total revenues EXPENDITURES Amtrak Public Works Recreation and Parks OPERA-rING, LOSS AONOPERATING REVENUES Interest I Total nonoperating revenues Change in fund balance Fund balance, beginning Fund balance, ending 2016 2015 286,391 $ 328,6,53 286,391 326,653 - 329,851:: 272,835 15,669 13) 1, 19 8) 2,113 1,198 '2,113 1,195 The accompanying notes are an mtegrai part of these financial statements, 6 06128117 CC AGENDA PACKET PG 562 CITY OF BAKERSFIELD PUBLIC TRANSPORTATION MODERNIZATION, IMPROVEMENT, AND SERVICE ENHANCEMENT ACCOUNT (PTMISEA) SPECIAL REVENUE FUND BALANCE SHEET JUNE 30, 2016 WITH COMPARATIVE TOTALS, Current assets: Due from other governments Total current assets Current liabilities: Cash overdraft Accounts payable Total current fiabififies Fund balance Total flabilities and fLAnd balance 2016 2015 $ 97,0153 $ 123,576 97,053 $ 123,576 $ 50,089 $ 118,345 46,964 5,231 97,053 123,576, 97,053 $ 123,576 The accompanying notes are an integral part of these financial statements. 7 06128117 CC AGENDA PACKET PG 563 CITY OF BAKERSFIELD PTMISEA SPECIAL REVENUE FUND PTATEMENT OF REVENUES EXP 2016 201' J REVENUES PTMI:SEA $ 225,0'28 $ 43 453 EXPENDITURES F`TMlSEA 225,028 435,453 Change in fund balance Fund balance, beginning Fund' balance, ending mm The accompanying notes are an in:t,egiral part of these financial statements. 8 06128117 CC AGENDA PACKET PG 564 v BALANCE SHEET ,JUNE 30, 201�6* 20'16 ASSETS Current aissets," Accounts receivables/general receivables $ 136,455 'Total current assets $ 136,,4 55 Current liabilities: Cash overdraft 11,9,778 Accounts payable 16x,67'7 Total current liabilities 136,455 Fund (balance - Total fiabilities and fund balance 136,455 * This is a new fund during the 2015-2016 fiscal year and thus, does not have comparative totals. The accompanying notes are an integral part of these financial statemients. 9 06128117 CC AGENDA PACKET PG 565 CITY OF BAKERSFIELD ON SPECIAL REVENUE FUND 2016 REVENUES Local transportation fund 171,915 Total revenues 171,9 15 EXPENDITURES Capital outlay 1711,915 OPERATING LOSS Change in fund balance Fund balance, beginning Fund balance, ending * This is a new fund dUringi the 2015-2016 fiscal year and, thus, does not have comparative tartans. The accompanying notes are an integral part of these financiall statements. 10 06128117 CC AGENDA PACKET PG 566 CITY OF BAKERSFIELD The financial statements of the Bikeway and Pedestrian, Special Revenue Fund; the Amtrak Operations Special Revenue Fund; the Public Transportation Modernization, Improvement, and Service Enhancement Account (PTIMISEA) Special Revenue Fund; and the State Transportation Special Revenue Fund (collectively, the Transportation Development Act JDA) Funds) of the City of Bakersfield (City) have been prepared in conformity with accounting principles generally accepted in the United States of America as applied to governmental units,- The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governimental accounting and financial reporting principles. The more significant of the City's accounting policies are described below, A. Bgpkr—finA-E9-ti-ty The TDA provides, funding : of public transportation through regional planning and programming agencies. Funds are allocated to the City through the county transportation planning agency, Kern Council of Governments, The TDA Fulnds account for the City's share of the TDA allocations, which are legally restricted for specific, purposes as detailed in applicable sections of the Public Utilities Code. The TDA Funds of the City are the Streets and Roads Special Revenue Fund (no activity in recent years), the Amtrak Operations Special Revenue Fund, the Bikeway and Pedestrian Special Revenue Fund, the PTMISEA Special Revenue Fund, and the State Transportation Special Revenue Fund and are included in the financial statements of the City, The TDA Funds are presented combined as a nonmajor governmental fund (State (TINA) Transportation Special Revenue Fund) in the City's financial statements The accompanying financial statements present only the TDA Funds of the City and are not intended to present fairly the financial position or changes, in financial position of the City in conformity with accounting principles generally accepted in the United States of America, S. — FUndAccounfin -- A The accounts of the City are organized on the basis of funds, each of which is considered a separate accounting entity. The operations of each fund are accounted for, with a separate set of self- balancing accounts that comprise its assets, l0bilitles, fund equity, revenues, and expenditures or expenses as appropriate, Government resources are allocated' to and accounted for in individual) funds, based upon the purposes for which they are to be spent and the r-neans by which spending activities are controlled, The TDA IFundis are governmental funds, specifically categorized: as special revenue funds, Special revenue funds are used to account for the proceeds of specific revenue sources, that are legally restricted to expenditures for specified purposes. C, Measurement Focus and Basis _qLAjqcaunting, The TDA Funds are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Under this method, revenues are recognized when they become measurable and available, Local Transportation Fund revenue is recognized when ail eligibility requirements imposed by the provider have been met, Revenues are accrued when their receipt occurs within sixty days after the accounting period so as to be both measurable and available. Expenditures are generally recorded when a liability is incurred, as Linder the accrual basis of accounting. Revenues that are susceptible to accrual include Local Transportation Fund allocations and interest income 11 06128117 CC AGENDA PACKET PG 567 NOTE 1 – SUMMARY OF SIGNIFICANT ACCOUNTING POILIICIES (Continued) D, New Accounfinq Pronouncements The following GASB Statements have been implemented in the current financial statements. GASB Statement No. 72 -- F^air Value Measurement and Application, The provisions of this statement are effective for financial staternents for reporting periods beginning after June 15, 2015, There was no effect on the TDA Funds' accounting or financial reporting as a result of implementation, GASB Statement No, 76 – Hierarchy of Generally Accepted Accounting, Principles for State and Local Governments. The provisions of this statement are effective for fiscal years beginning after June 15, 20115- There was no effect on the TD,A Funds" accounting or financial reporting as a result Of implementation. GASB Statement No. 79 – Certain External Investment Pools and Pool Participants. The requirements of thus statement are effective for reporting periods beginniingi after June 15, 2015, except for the provisions in paragraphs 18, 19, 23-26, and 40, which are effective for reporting periods beginning after December 15, 2015. There was no effect on the 'TDA Funds' accounting or financial reporting as a result of implementation, E, Future Accountina ronOUncements The GASB Statements listed: below wiH be implemented in future financial statements GASB Statement No. 73 – Accounting and Financial Reporting for Pensions and Related Assets that are not within the Scope of GASB Staternent No. 66, and Amendments to Certain Provisions of GASB Statements No. 67 and No. 68, The provisions of this statement are effective for fiscal years beginning after June 15, 2015 – except those provisions that address employers and governmental nonernployer contributing entities for pensions that are not within the scope of GASB Statement No- 68, which are effective for fiscal years beginning after June 15, 2016. The City has not fully judged the effect of the implementation of GASB Statement No. 73 as of the date of the basic financial statements. GASB Statement No. 74 – F-financial Reporting for POSteMployrnent Benefits Other than Pension Plans, The provisions of this statement are effective for fiscal years beginning after June 15, 2016. The City, has not fully judged the effect of the implementation of GASB Statement No. 74 as of the date of the basic financial statements, GASB Statement No. 75 – Accounting and Financial Reporting for Postemploymeid Benefits Other than Pension Plaos. The provisions of this statement are effective, for fiscal years beginning after June 15, 2017. The City has not fully judged the effect of the implementation of GASB Statement No'. 75 as of the date of the basic financial statements, GASB Statement No. 77 – Tax Abatement Disclosures, The requirements of this statement are effective for, reporting periods beginning after December 15, 2015. The City has not fuliy judged the effect of the implementation of GASB Statement No:. 77 as of the date of the basic financial staternents. GASB Statement No. 78 – Pensions Provided Ilmough Certain Malliple-Employer Defined Benefit Pension Plans, The requirements of this statement are effective for reporting periiods beginning after December 15, 2015. The City has not fully judged the effect of the implementation of GASB Statement No, 78 as of the date of the basic financial statements,. GASB Statement No. 80 – Blending RequirelVents for Cer-fain Component Units—an amendment of GASE3 Statement No. 14, The requirements of this statement are effective for reporting periods beginning after June 15, 2016. The City has not fully judged the effect of the implementation of GASB Statement No, 8O as of the date of the basic financial statements 12 06128117 CC AGENDA PACKET PG 568 NOTE I — SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, (Continued) E. Future Accountinq Pronouncements (Continued) CASK Statement No. 81 — Irrevocable Split-interest Agreen"Pents. The requirements of this statement are effective for periods beginning after December 15, 2016. The City has not fully judged the effect of the implementation of GASB Statement No, 81 as of the date of the basic financial statements. OASIS Statement No. 82 — Ilonsion Issues an amendment of GAS B Staternents No. 67, No. 68, and No. 73. The requirements of this statement are effective for reporting periods beginning after June 15, 2016, except for the requirements of paragraph 7 in a circumstance in which an employer's pension liability is measured as of a date other than the employer's most recent fiscal year-end. In that circumstance, the requirements of paragraph 7 are effective for that employer in the first reporting period in which the measurement date of the pension liability is on or after June 15, 2017. Earlier application is encouraged. The City has not fully judged the effect of the implementation of GASB Statement No. 82 as of the date of the basic financial statements. F, Cash and Cash Eqwvglents All City monies are invested in a cash and investments pool, whereby funds can spend cash at any time without prior notice or penalty. G. Fund Balance The City adopted the provisions of LASS Statement No. 54, Fund Balance Reporling and Governmental' Fund Type Defi17600s. Accordingly, governmental funds report fund balance as nonspenclable, restricted, committed, assigned, or unassigned based primarily an the extent to which the City is bound to honor constraints on how specific amounts can be spent. Nonspendable fund! balance -- amounts that cannot be spent because they are either (al) not in spendable form or (b) legally or contractually required to be maintained intact. Restricted fund balance — amounts with constraints placed on the use of the resource that are either (a) externally imposed by creditors, grantors, contributors, or laws or regulations of other governments or (b) imposed by law through constitutional provisions or enabling legislation. Committed fund balance — amounts that can only be used for specific purposes pursuant to constraints imposed by formal action of the City "s highest level of decision makingi authority (the City Council), Assigned fund balance — amounts that are constrained by the City's intent to be used for specific purposes, bunt are neither restricted nor committed, Intent can be either expressed by the City Council or by a body or an official designated by the City, Council, Unassigned fund balance — the residual classification for the City's General Fund that includes amounts, not contained'! in the other classifications. In other funds, the unassigned classification is used only if expenditures incurred for specific purposes exceed the amounts restricted, committed, or assigned to those purposes. The City Council establishes, modifies, or rescinds fund balance commitments and assignments by passage of an ordinance or resolution. This is done through adoption of the budget and subsequent budget amendments that occur throughout the year. When both, restricted and unrestricted resources are available for use it is the City's Policy to use restricted resources first, followed by the unrestricted committed, assigned, and:, unassigned resources as they are needed. The City does not have a fund balance policy that would dictate the level of financial resources required ) to be in the funds at year-end. The City also does not have a formal fiscal stabilization policy. IN 06128117 CC AGENDA PACKET PG 569 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) H. Unearned Revenue The Amtrak Operations Special Revenue Fund reports unearned revenue on its balance sheet. Unearned revenue for this fund arises, when potential revenue does not meet both the `measurable" and "available" criteria for recognition in the current period or when funds have been received prior to eligibility requirements being met. In subsequent periods, when both revenue recognition criteria are met, or when the City has a legal claim to the resources, the liability for unearned revenue is removed from the balance sheet and revenue is recognized, I, Grants Grants are recorded as revenue when all of the eligibility requirements which have been imposed by the provider have been met- Grant sources, include Federal Transit Administration (FTA), State Transit Assistance (STA), and Local Transportation Fund (LTF). The LTF and STA were created by the State Legislature under the TDA J, RJsk-MAnag_emgnj The City administers various risk management programs, some of which relate to the TDA Funds, The Finance Department transfer's funds from the Amtrak Operations Special Revenue Fund to the Self Insurance Fund for the purchase of property insurance for the Amtrak Station per direction from the City's Risk Manager, The City's, risk management programs are reported in the governmental activities and internal service funds in the City's basic financial statements, K Use of Estimates The preparation of financial statements in conformity with accounting principles generally accepted in, the United States of America requires management to make estimates and assumptions that affect certain reported amounts and discIosiures. Accordingly, actUall results could differ from those estimates. L. Comparative Data Comparative totals for the prior year have been presented in the accompanying financial statements in order to provide an understanding of changes in financial position and operations of the City TINA Funds, M, &Qontjindes. The City receives funding for specific purposes that are subject to review and audit by the granting agencies funding source. Such audits could result in a request for reimbursement for expenditures disallowed under terms and conditions of the contracts. Management is of the opinion that no material liabilities will result from such potential audits, The City is party to claims and lawsuits arising in the ordinary course of bUsiness, The City's management and legal counsel are of the opinion that the ultimate liability, if any, arising from these claims will not have a material adverse impact on the financial position of the funds. Cash balances of the TDA Funds are pooled with those of other funds of the City. Investment income resulting from this pooling is allocated among the funds based upon each respective fund's average cash balance in relation to the aggregate investment balance. Further information regarding the City's cash and investment pool may be found in the City's basic financial statements, M 06128117 CC AGENDA PACKET PG 570 a - 101011:42vi The LTF and STA are administered by the Kern Council of Governments, which allocates funds to the City to fund its TDA operations, The TDA requires that any funds not used be returned to their Source. LTF and STA allocations are considered earned when they are properly spent for eligible projects, Allocations received but not earned are recorded as unearned revenue. Changes in unearned revenue for the fiscal years ended June 30, 2016 and 2015, are summarized as follows: Arntrak Operations Special Revenue Fund Unearned revenue, July I TDA alllocations received TDA allocations earned Unearned revenue, June 30 2016 2015 $ 34,572 $ 141,869, 4201,361 221,356 . . . . L86,391i (328,653) 168,542 $ 34572 In November 2006, California voters passed a bond measure enacting the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 20,06. Of the $19.925 billion of State general obligation bonds authorized, $4 billlion, was set aside by the State as instructed by statute as the PTMISEA. These funds are available to the California Department of Transportation for intercity rail projects and to transit operators in California for rehabilitation, safety, or modernization improvements; capital service enhancements or expansions; new capital projects; bus rapid transit improvements:, or for rolling stock procurement, rehabilitation, or replacemients. During the fiscal year ended June 301, 2016, the City received $225,028 in funds, The City expended $225,028 of the funds during the current year. PTMISEA funds are as follows; Scriulime or?111ffSirs7Wn . 14 For the Year Ended Jlune 30, 2016 Balance - beginning, of the year Receipts: Allocations received Interest accrued 711/2015 through 6/3012016 Expenses: PTMlSEA related expenses Balance - end of year 225,028 The date to which events occurring after June 30, 2016, have been evaluated for possible adjustments to the financial statements or disclosures iis March 9, 2017, which is the date that the financial statements were available to be issued. There were no events brought to our attention that were deemed to be reportable at that fime. M 06128117 CC AGENDA PACKET PG 571 + . x 0612$117 CC A EN A PACKET FAG 572 z qj I Pil"m F----1 j I Variance With, Final Actuall Finall Budget REVENUES Local transportation fund $ 3312,791 $ 217,3100 $ 115,491 EXPENDITURES Bikeway and pedestrian 332,791 217,300 115,491 Change in fund balance $ - - $ - Fund balance, beginning FUndl balance, ending See note to supplementary information. 16 06128117 CC AGENDA PACKET PG 573 CITY OF BAKERSFIELD AMTRAK OPERATIONS SPECIAL REVENUE FUND See note to supplementary information;, 17 06128117 CC AGENDA PACKET PG 574 Variance With Final Budget Actual Final Budget REVENUES Locai transportation fund $ 449,836 $ 286,391 $ 163,445 Interest and other 500 2,113 0,613) Totall revenues 450,336 288,5014 161,832 EXPENDITURES Amtrak 450,336 288,504 161,832 Chanige in fund balance - - $ - Fund balance, beginning Fund balance, ending $ See note to supplementary information;, 17 06128117 CC AGENDA PACKET PG 574 CITY OF BAKERSFIELD PTMISEA SPECIAL REVENUE FUND BUDGETARY COMPARISON SCHEDULE F*2 I Variance With Final Budget Actuall Final U get REVENUES PTMISEA $ 2,264,,530 $ 225,028 $ 2,039,502 EXPENDITURES PTMISEA 2,264,530 225,028 2,039,5�02 Ch:ain:ge in fund balance $ - - $ Fund balance, beginning Fund balance, ending See note to supplementary inforr-nation. 18 06128117 CC AGENDA PACKET PG 575 BUDGETARY COMPARISON SCHEDULE FOR TH E F I SCAL YEA R EN D. J U N E 3,0, 201'6 Variance With Final Budgiet Actual — Final Budget REVENUES I-ocal transportation fund $ 5001,000 $ 171,915 $ 328,085 Interest and other - - - Total revenues 500,000 171,915 328,0185 EXPENDITURES State transportation 500 000 171,915 328,085 Change in fund balance - $ Fund balance, beginning ---- - - Fund balance, ending $ - See note to suppliemenitary information. 19 06128117 CC AGENDA PACKET PG 576 CITY OF BAKERSFIELD 0 Ez*1:N1.-1Mak=MwAW1'1 Annual budgets are adopted on a basis, consistent with accounting principles generally accepted in the United States of America for the Bikeway and Pedestrian Special Revenue Fund, the Amtrak Operations Special Revenue Fund, the PTMIISEA Special Revenue Fund, and the State Transportation Special Revenue Fund, The City Manager is authorized to transfer budgeted amounts between departments within, any fund and approve redLICtions of budgeted amounts. Since expenditures may not exceed budgeted appropriations at the fund level, any decisions that alter the total appropriations of any fund are to be approved by City Council, Projects budgeted within the fiscal year but not yet completed can be reappiropriated the following fiscal year with City Manager approval, All other unencumbered appropriations lapse at year-end. Encumbered amounts are reappropriated in the ensuing fiscal year budget. w 06128117 CC AGENDA PACKET PG 577 06128117 CC AGENDA PACKET PG 578 To the Board of Directors BAKERSFIrLD OPPME, Kern Council': of Governments (HAIN OFFIICEi Bakersfield, California P .r, /h, To the City Council ILAP INDEPENDENT ALIDITOR'S REPORT ON INTERNAL CONTROL OVER bl'0' L I '. ,'OV Bakersfield, California FINANCIAL REPORTING AND, ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN the United States of America and the standards applicable to financial audits ACCORDANCE WITH GO VERNMENT A UDI TING S TANDARDS AND TH E contained in Government AuditOg Standards issued by the Comptroller General of TRANSPORTATION DEVELOPMENT ACT To the Board of Directors BAKERSFIrLD OPPME, Kern Council': of Governments (HAIN OFFIICEi Bakersfield, California P .r, /h, To the City Council ILAP City of Bakersfield bl'0' L I '. ,'OV Bakersfield, California We have audited, in accordance with the auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government AuditOg Standards issued by the Comptroller General of the United States, the financial statements, of the Bikeway and Pedestrian Special 1"RESNO OFFICE Revenue Fund, the Amtrak Operations Special: Revenue Fund; the Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) Special Revenue Fund; and the State Transportation Special Revenue Fund (collectively, the Transportation Development Act JDA) Funds) of the of the City of Bakersfield, California (the City), as of and for the year ended! June 30, 2016, ILI and the related notes to the financial statements, which collectively comprise the TINA Fund's basic financial statements, and have issued our report thereon dated March 9, 20,17, PASADE'RA, OUNCE Internal Control Over Financial Reporting Y,A,,,, ,10 In planning and performing Our audit, we considered the City's internal control over financial reporting (internal control) as it relates to the TDA Funds as a basis for designing our auditing procedures for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control over financial reporting ; relating to the TINA Funds, Accordingly, we do not express an opinion on the effectiveness of the City's STOCKT0114 OFIRCE internal control over financial reporting relating to the TDA Funds. A deficiency in internal control exists, when the design or operation of a control does '),"20), not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected, on a timely basis, A significaol o'(,ofiriency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. 21 06128117 CC AGENDA PACKET PG 579 Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal contiroll that might Ibe material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies, in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. Compliance and' Other Matters As part of obtaining reasonable assurance about whether the TDA Funds' financial statements are free of material misstatement, we performed tests of the City's compflance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. Our audit was further made to determine that TDA funds allocated to and received by the City were expended in conformance with applicable statutes, rules, and regulations of the TDA and the allocation instructions and resolutions of the Kern Council of Governments as required by Sections 6666 and 6667 of Title 21 of the California Code of Regulations, However, providing an opinion on compliance with those provisions was not an objective Of Our audit and, accordingly, we do not express such an opinion, The results Of Our tests disclosed no instances of noncompliance or other matters, that are required to be reported under Government Audifing Standards, As part of the audit, we performed the testing of the folilolwing program-, Public Trans ortation Modernization Improvement, and Service Enhancement Account (PTAylI EA In November 2006„ California voters passed a bond measure enacting the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006. Of the $119-9125 billion of State general obligation bonds authorized, $4 billion was set aside by the State as instructed by statute as the PTIVIISEA. These funds are available to the California Department of Transportation for intercity rail projects and to transit operators in California for rehabilitation, safety, or modernization improvements; capital service enhancements or expansions', new capital projects;, bus rapid transit improvements; or for rolling stock procurement, rehabilitation, or replacements. During the fiscal year ended June 30, 2016, the City received $225,028 in, funds, The City expended $,225 028 of the funds during the current year. PTMISEA funds are as folllows: Description Amount Balance - beginning of the year $ - Receipts: Allocations received Interest accrued 711/2015 through 6r,1012016 225,028 Expenses: PTMlSEA related expenses Balance - end of year NI 225,028 06128117 CC AGENDA PACKET PG 580 This purpose of this report is solely to describe the scope of our testing of internal control and compliance relating to the TDA Funds and the result of that testing, and not to provide an opinion on the effectiveness of the City's internal control or on compliance relating to the TDA Funds. This report is an integral part of an audit performed in accordance with Government Audifing StandarrIs in considering the City's internal control and compliance relating to the TDA Funds, Accordingly, this communication is not suitable for any other purpose. Bakersfield, California March 9, 2017 23 06128117 CC AGENDA PACKET PG 581 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Hearings 10. a. TO: Honorable Mayor and City Council FROM: Nick Fidler, Pubic Works Director DATE: 4/19/2017 iTiff-11 1.1 SUBJECT: Public Hearing to consider a resolution ordering the summary vacation of a portion of a waiver of direct access along Stockdale Highway and street right-of-way at the Stockdale Highway driveway entrance at 12800 Stockdale Highway. Staff recommends the hearing be opened and closed and no action be taken. BACKGROUND: Unfortunately, the Public Notice for this item must be re-noticed with additional information on the location of the Waiver. Since the matter was already published, albeit insufficiently, it is therefore necessary to agendize the item and see if there are comments from the public. As such, the hearing should be opened and then closed and no action taken. Staff will publish a new notice and the matter should be on the next regularly scheduled City Council meeting. 06128117 CC AGENDA PACKET PG 582 ADMINISTRATIVE REPORT MEETING DATE: 6/28/2017 Deferred Business 12. a. TO: Honorable Mayor and City Council FROM: Alan Tandy, City Manager DATE: 6/9/2017 111-11 V 03 SUBJECT: Fiscal Year 2017-18 Budget: 1. Resolution Approving and Adopting the Operating and Capital Improvement Budgets for the City of Bakersfield, CA for the Fiscal Year 2017-18. 2. Resolution Establishing the City of Bakersfield Appropriations Limit for Fiscal Year 2017-18. STAFF RECOMMENDATION: Staff recommends adoption of the resolution approving the FY 2017-18 operating and capital budget with adjustments as outlined. BACKGROUND: This administrative report and two items before the City Council are related to the adoption of the Fiscal Year (FY) 2017-18 City operating and capital improvement budgets. The first item is a resolution adopting the FY 2017-18 budget, totaling $494,160,000. The budget is comprised of the operating budget, including transfers, totaling $420,327,854 and the capital improvement budget totaling $73,832,146. The proposed budget reflects the funding of the City's operating cost and the funding of various capital improvements, including street and road resurfacing, park and recreation facilities, and improvements to other City-owned facilities in FY 2017-18. As proposed, the budget would add four full-time positions to the City's complement, including three police officers and one solid waste equipment operator. The City's full-time complement is proposed at 1,525. On May 10, 2017, the City released its FY 2017-18 Proposed Budget. On May 15th and June 5th, staff presented department and division proposed budgets to the City Council. A noticed public hearing for the FY 2017-18 budget was held on June 7, 2017. There were no public comments received during this hearing. Staff is proposing four minor adjustments to the budget that was originally proposed to the City 06128117 CC AGENDA PACKET PG 583 Council on May 10th. The four changes are outlined in exhibit "A" of this administrative report and further detail is provided below: Arena Video Board Capital Improvement Project On June 7, 2017, the City Council approved a sole source resolution authorizing the replacement of the video boards within the center-hung scoreboard at Rabobank Arena. This project was previously included within the FY 2017-18 Proposed Capital Improvement Budget. Due to the lead-time necessary to install the video boards, it was essential to accelerate the project to allow the upgrades to occur prior to the busier fall event season. The June 7th action included an appropriation from the Facility Reserve Fund to fund the project in FY 2016-17. As the project is now funded, staff intends to replenish the Facility Reserve Fund in FY 2017-18 with the funds that were previously allocated to the project within next year's budget. As a result of this action, the video board project and associated appropriation will not appear within the Capital Improvement Program section of the FY 2017-18 budget. Kern Council of Governments Freeway Litter Contribution Since 2013, the Kern Council of Governments (KernCOG) has provided a $150,000 contribution to the City for the freeway litter removal program. This program has proven to be successful and the contribution from KernCOG has been maintained at the $150,000 level each year. Each year KernCOG drafts a contribution agreement, which is considered by the City Council normally in June, and covers the contribution for the following year. The City Council approved the agreement for FY 2017-18 contribution at its June 7, 2017 meeting. The funds, however, have not customarily been appropriated until KernCOG approves the agreement — normally in the fall of each year. This process requires City staff time to prepare an additional administrative report to appropriate the funds. In lieu of the additional staff time and paperwork, staff proposes to include the revenue and appropriation within the FY 2017-18 budget. If the KernCOG funding is reduced or eliminated, staff will adjust the Solid Waste Division appropriation as necessary. This change results in an $150,000 increase to the Solid Waste Division budget within the Public Works Department. Vehicle for Solid Waste Equipment Operator Position Due to an oversight, appropriations in the amount of $350,000 were not included within the Fleet Division budget to purchase an additional side loader refuse truck to coincide with the addition of one new solid waste equipment operator position as proposed in FY 2017-18. The funds have been added and as a result, the Fleet Division operating budget will increase by $350,000. Funding for the vehicle comes from the Refuse Fund, therefore there is no impact on the General Fund. Sister City Display Enhancements At the request of Mayor Goh, staff is working on a project to enhance the display of artifacts and other items associated with the City's Sister Cities within City Hall South. The scope of this project aligns with funds that are available through a contribution previously made by an individual to the City. Over the past several months, staff has developed an estimated cost for the project and is now proposing to include it within the FY 2017-18 budget. Therefore, staff is proposing $10,000 be allocated to the non-departmental operating budget within the General Fund for this 06128117 CC AGENDA PACKET PG 584 purpose. As previously noted, this increase in budgetary appropriations is offset by the contribution. Appropriations Limit The appropriations limitation imposed by Propositions 4 (1979) and later amended by Proposition 111 (1990) creates a restriction on the amount of government revenue which may be appropriated in any fiscal year. The Appropriations Limit applies only to those revenues defined as "proceeds of taxes," such as property tax, sales tax and transient occupancy tax. The appropriations limit is based on actual appropriations during the base year (1986-87), and increases each year using specified growth factors. According to the Revenue and Taxation Code, Section 7910, local governments must establish its appropriations limit by resolution each year at a regularly scheduled meeting or a noticed special meeting. During any fiscal year, a government entity may not appropriate any proceeds of taxes received in excess of the Appropriations Limit. The appropriations limit is different for each agency and the limit changes each year. For calculations purposes, the appropriations limit from the previous fiscal year is increased based on population growth and inflation factors as provided by the State Department of Finance. A resolution adopting the Fiscal Year 2017-18 Appropriations Limit of $388,695,397 is included as part of the budget adoption process for Council consideration. The City's appropriations which are subject to the limit total are $152,257,480. Therefore, the proposed appropriations are significantly below the maximum limit allowed by State law. ATTACHMENTS: Description D EkNNt"/V SLIlrYliryiairyofPiro�posedIBLid get CIWiairiges D FY 20,17 18 Operating and Caplta IBUdget Resokltblrl D FY 20,17 18 Gainin I i'iirNt ReSdUdOlrl Type Exhbt Resokltblrl Resokltblrl 06128117 CC AGENDA PACKET PG 585 x LU O O O U) 0 0. 0 L. a. 0 4� U) O 06128117 CC AGENDA PACKET PG 586 Q o CD CD CD Q CD CD CD CD o0 00 Q CD CD CD CD c� Ln C5 CD (:5 LO C5 U) (:5 c� (7) c� to (Y) lot lot EH EH EH C) CD lot CD Q lot It": O c� It": N O Q N M CD Q m LLI I- co EL ci cn w LLI m lot CD C) CD C) Q lot Ln C) CD C) Q Lf) LL z cc� (=� ci c� c� cc� 0 1,- C) CD C) Q I - V- co LO LO (Y) V- Lf) 04 m Q N 0. Ile Ile 0 LLI (Y) 04 <1 <1 n 0 0 z z z w OL OD IL z M (Y) c) LO C) LL 76 CL — M cn (n > m E 2 cn .0 0 CL U) o 0 w O 0. m m 0 = :3 — 04 04 CL cn 0. =3 -0 M -0 a) E c6 C; 04 0) 0 c: 0 0 a 0 < m a) 0 cn 0 m . z E c*4 CO 0 5; C 6 0 c*4 w 0) 0) :2 c: 0 ;-- 0 w M co LLI Z > M -0 0 CL tL 5 > m =3 c: 0 V- n Q m c: 0) r-. - c: 0 :3 LL 6. m (L 04 LL 0 LLI c: < (j) CD (n 0 0 _0 U) o w 0 LL cn cn -0 E c,4 0 0 0. 0 a. 0) a) > > (n -,x c: °O E ° =o 0 a. w cl) 0 0 2 00 0 0 0 w CL 0) E 3., -0 < < 10 CL 0) < C) ED co a. a. z u 0 a- L) (L 04 (Y) 0 Z 06128117 CC AGENDA PACKET PG 586 RESOLUTION NO. A RESOLUTION APPROVING AND ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY OF BAKERSFIELD, CALIFORNIA FOR THE FISCAL YEAR 2017 -18. WHEREAS, in accordance with the Charter of the City of Bakersfield and applicable ordinances, the City Manager of the City of Bakersfield has heretofore presented to the City Council of said City the proposed Operating and Capital Improvement budgets for the Fiscal Year 2017 -18; and, WHEREAS, the City Council has reviewed said proposed budgets for the Fiscal Year 2017 -18; and WHEREAS, public hearings were held in the Council Chamber of the City of Bakersfield on these budgets for the Fiscal Year 2017 -18; and WHEREAS, said City Council has now considered these proposed budgets as so submitted and all evidence at said public hearing, with reference thereto. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: 1. That the Fiscal Year 2017 -18 budgets total $494,160,000 as reflected in Exhibit "A" attached hereto, with the Operating Budget including transfers totaling $420,327,854 and the Capital Improvement Budget totaling $73,832,146; and 2. That the originals of the proposed Operating and Capital Improvement budgets for the City of Bakersfield, California, for the Fiscal Year 2017 -18, as amended, shall be placed on file in the office of the City Clerk and shall be open to public inspection; and 3. That said City Council of the City of Bakersfield does hereby approve and adopt the proposed Operating and Capital Improvement budgets of the City of Bakersfield, California, for the Fiscal Year 2017 -18 as reflected in Exhibit "A" attached hereto, and the same are incorporated herein by reference; and -1 - 0612$117 CC AGENDA PACKET FCC 587 4. That the said budgets for said Fiscal Year 2017 -18 submitted, and filed shall be the budgets for the City of Bakersfield, California, for said Fiscal Year 2017 -18; and 5. That the City Clerk shall certify to the adoption of this Resolution, and henceforth and hereafter the same shall be in full force and effect. - -- 000---- - - - - -- -2 - 0612$117 CC AGENDA PACKET FCC 588 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, FREEMAN, SULLIVAN, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN K. GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney JOSHUA H. RUDNICK Deputy City Attorney Attachment Exhibit "A" -3 - 0612$117 CC AGENDA PACKET FCC 589 V) Z 0 CL 0 CL CL 0 i ui 00 C—L 0 `W' C-4 ry Q ui Z < LL. –i o 0 < —Z < ui CL 0 z ui CL ui r) wo I O 75 0 E It z 'm u c E E o E 0) 0 > cc r > 0 r 0 -le r 0 U M 0) 0 gm gm 0 2 0 0 gm O 75 CL. 75 O E > 0 0 cq N c� 0 N I cc, ol cl� CO cl� 0 0 ri M N '40 q c14 Lo N N oo 0� Wol vi cl� cl� oo (0 c14 cp� cp� oo o oo oo cp� c14 cq N N (0 c� cq 0 (0 N oo ol cl� CO 0 0 cl� q Lo c14 O 0 0 c14 N (Y� cd c14 N o 0 0 ol N 0 O rn Lo N N oo 0� oo 00 cl� q 0 cl� oo c14 cl� Ol oo Lo 0 W 0 c14 oo c14 Ol c14 '40 C14 (0 cq ri 0 0 O C14 0 C14 cd N, 0 0 O 0 ol cl� '40 Cp� '40 0 0 O 0 ,r 0 0 Ll� N c14 06128117 CC AGENDA PACKET PG 590 C a) E a) 2 > 0 C p 0 C) c: a) > a) •-0 c: :) ca Q Q 2 a) Q < a , u CO 6 o 0 ca u 2 0 0 vrn 2�- u u u 0 u co o U V) ul u V) 06128117 CC AGENDA PACKET PG 590 RESOLUTION NO. A RESOLUTION ESTABLISHING THE CITY OF BAKERSFIELD APPROPRIATIONS LIMIT FOR FISCAL YEAR 2017 -18. WHEREAS, Section 7910 of the California Government Code provides that each year the governing body of each local jurisdiction shall, by resolution, establish its appropriations limit at a regularly scheduled meeting; and WHEREAS, any judicial action or challenge for the 2017 -18 fiscal year shall be commenced within 45 days of the effective date of this Resolution. WHEREAS, the City Council of the City of Bakersfield selects the per capita personal income and the population change as growth factors in computing the 2016 -17 appropriation limit. NOW, THEREFORE, the City Council of the City of Bakersfield does hereby set the appropriations limit for fiscal year 2017 -18 as $388,695,397. Documentation used in the determination of the appropriations limit is available to the public at the City Manager's Office, City Hall North, 1600 Truxtun Ave, Bakersfield, CA. - -- 000---- - - - - -- -1 - 0612$117 CC AGENDA PACKET FCC 591 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, FREEMAN, SULLIVAN, PARLIER NOES: COUNCILMEMBER ABSTAIN: COUNCILMEMBER ABSENT: COUNCILMEMBER CHRISTOPHER GERRY ACTING CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield KAREN K. GOH MAYOR of the City of Bakersfield APPROVED as to form: VIRGINIA GENNARO City Attorney JOSHUA H. RUDNICK Deputy City Attorney Attachment Exhibit "A" -2 - 0612$117 CC AGENDA PACKET FCC 592 ■ X ui -i F- z 0 F- D F- (1) z 0 ui F- 0 F- z 00 D D cm CL Ce F- < g ui Z 0 U. a ce CL 00 ce A CL 0 CL cr. < CL 0 a) cl) r� cl) In N (D 0 04 In 1" OL M co 04 p m m 04 um, 00 N C4 ci (D 0) r-: L6 I- N * O LO en VI m W m to m cl) cl) co co to co co M co co VI m U) 0 0 LO 0. C6 M M ci a) fl- N a) ll�, m M� cl) In OL 04 0 C6 co C\ ! ui In (D (D 0) c%l (c� L6 I- N * O LO en VI m W m to cl) cl) to co co N co p 0 0 LO 0. C6 ui ci a) fl- N a) ll�, m M� 00 N O en Ln m co co to O en fl- In co C,� 0) CD 6 0 . — c� C, ::� In Ln m 00 Ln N co U) 'T co 4 N en m 06 to to to V� In O t-- co co co t-- C, (D :� m r.. c! 0 m �2 "- 0 'o LO C, m co C, C, LO N 0 'D co a) M m U- CO LL U- LL LL co 40 0 2 0 00 U") '"o LIS lo- U4 64 w ER E -W t-- 04 E f6 M (D Lq E E E E CO co Lo Ln co 04 N 04 m lc� 2 2 '. ww WW LO 00 (D a) ( L; I I 2 0 0 41 N 0 4 M cl) to w 4.) E E E x x x tf 't t- a) 2 0 o o o 0 a) 00000000 0. 00 0. c: q q 00 Q) E _0 4) Cc,, o . o 0 0 E 0 co T z" z 66 W -T 'o w w x Cc: — �6 2 2 �2 w o CL cu E E W E M E W '�6 E E cL E co n ww 2 8 4� :— ww .0 CL U c: a) (n X O. m I E c o : -j 2 '- 0 m -�6 f0 C F- o F- 0 c: CL A -0 F- -2 =3 F- :2 0 . I F F F - 2 m CL 0 0 0 .- 0 0 0 CL m 0 0 0 0 0 0 m W N W CL CL < UO 06128117 CC AGENDA PACKET PG 593 Check In List Bakersfield Independence Stockdale Mia Arvizu Alexisis Barcenas Sahil Alim Ross Dalke Angel Huizar Michael Chang Adam Hazelton Sabrina Chao Emily Hazelton Liberty Nancy Dinh Isabelle Herndon Anuoluwa Ayeni� Raguvir Kunani Kailey Blair Clayton Nalesnik Centennial Nathanial Graham Jennifer Pusavat Viviann Do Artemis Mansur 2 ' Abhishek Srinivas Grant Fidler Emma Reynolds Shikha Srinivas Haylee Oyler Layton Rohrbach Charimae Tuddao Autumn Warren Jason Shotts Vedant Vaidya NOqAe*% TOPkNk, Yang Jason Foothill North West Stephanie Valdovinos Cassandra Rader Grace Martinez �v� d� L� Renteria Frontier Bradley Squires Golden Valley Harmandeep Bains Eric Ponce f Highland Michelle Tran Daniel Tweedy Ridgeview Belen Bravo Haraj Dhesi Virpal Gill Arshpreet Sandhu Ashleen Sodhi (3001 } SR,k k cy\ - South Alma Flores Baza July 4th Donations 2017 Sponsor Representative Amount PG&E Kristen Doud $15,000 Adventist Health Kevin Burton & Sharlet Briggs $10,000 Rabobank NA Colleen Bauer & Paul Meert $2,500 California Water Co. Mikes Mares $2,500 E&B Natural Resources Ted Cordova $500